[Title 30 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2004 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



          30


          Parts 1 to 199

                         Revised as of July 1, 2004


          Mineral Resources
          
          


________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2004
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]






                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2004



  For sale by the Superintendent of Documents, U.S. Government Printing 
                                  Office
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[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 30:
          Chapter I--Mine Safety and Health Administration, 
          Department of Labor                                        3
  Finding Aids:
      Material Approved for Incorporation by Reference........     683
      Table of CFR Titles and Chapters........................     689
      Alphabetical List of Agencies Appearing in the CFR......     707
      List of CFR Sections Affected...........................     717

[[Page iv]]





                     ----------------------------

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus,  30 CFR 1.1 refers 
                       to title 30, part 1, 
                       section 1.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2004), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 741-6010.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408 or e-mail 
[email protected].

SALES

    The Government Printing Office (GPO) processes all sales and 
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ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, The United States 
Government Manual, the Federal Register, Public Laws, Public Papers, 
Weekly Compilation of Presidential Documents and the Privacy Act 
Compilation are available in electronic format at www.gpoaccess.gov/nara 
(``GPO Access''). For more information, contact Electronic Information 
Dissemination Services, U.S. Government Printing Office. Phone 202-512-
1530, or 888-293-6498 (toll-free). E-mail, [email protected].
    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.archives.gov/federal--
register. The NARA site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

July 1, 2004.

[[Page ix]]



                               THIS TITLE

    Title 30--Mineral Resources is composed of three volumes. The parts 
in these volumes are arranged in the following order: Parts 1 to 199, 
parts 200 to 699, and part 700 to end. The contents of these volumes 
represent all current regulations codified under this title of the CFR 
as of July 1, 2004.

    For this volume, Bonnie Fritts was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of Frances D. 
McDonald, assisted by Alomha S. Morris.

[[Page x]]




[[Page 1]]



                       TITLE 30--MINERAL RESOURCES




                   (This book contains parts 1 to 199)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Mine Safety and Health Administration, Department 
  of Labor..................................................           1

Cross References: Bureau of Land Management, Department of the Interior, 
  regulations with respect to mineral lands: 43 CFR, chapter II, 
  subchapter C.

  Federal Energy Regulatory Commission, Department of Energy: 18 CFR 
chapter I.

  Foreign Trade Statistics, Bureau of the Census, Department of 
Commerce: 15 CFR part 30.

  Forest Service regulations relating to mineral developments and mining 
in national forests: 36 CFR part 251.

  General Services Administration regulations for stockpiling of 
strategic and critical materials: 41 CFR subtitle C, subchapter C.

  Geological Survey: 30 CFR chapter II.

  Interstate Commerce Commission: 49 CFR chapter X.

  Bureau of Indian Affairs, Department of the Interior, mining 
regulations: 25 CFR chapter I, subchapter I.

  Other regulations issued by the Department of the Interior appear in 
title 25, chapters I and II; title 36, chapter I; title 41, chapter 114; 
title 43; and title 50, chapters I and IV.

[[Page 3]]



  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR




  --------------------------------------------------------------------


  Editorial Note: Nomenclature changes to chapter I appear at 69 FR 
18803, Apr. 9, 2004.

SUBCHAPTER A--OFFICIAL EMBLEM AND OMB CONTROL NUMBERS FOR RECORDKEEPING 
                              AND REPORTING
Part                                                                Page
1               Mine Safety and Health Administration; 
                    establishment and use of official emblem           7
3               OMB Control Numbers Under the Paperwork 
                    Reduction Act...........................           7
   SUBCHAPTER B--TESTING, EVALUATION, AND APPROVAL OF MINING PRODUCTS
5               Fees for testing, evaluation, and approval 
                    of mining products......................          11
6               Testing and evaluation by independent 
                    laboratories and non--MSHA product 
                    safety standards........................          12
7               Testing by applicant or third party.........          14
11              [Reserved]
15              Requirements for approval of explosives and 
                    sheathed explosive units................          82
18              Electric motor-driven mine equipment and 
                    accessories.............................          89
19              Electric cap lamps..........................         126
20              Electric mine lamps other than standard cap 
                    lamps...................................         131
22              Portable methane detectors..................         136
23              Telephones and signaling devices............         141
27              Methane-monitoring systems..................         145
28              Fuses for use with direct current in 
                    providing short-circuit protection for 
                    trailing cables in coal mines...........         153
33              Dust collectors for use in connection with 
                    rock drilling in coal mines.............         158
35              Fire-resistant hydraulic fluids.............         165

[[Page 4]]

36              Approval requirements for permissible mobile 
                    diesel-powered transportation equipment.         172
                       SUBCHAPTERS C-F [RESERVED]
       SUBCHAPTER G--FILING AND OTHER ADMINISTRATIVE REQUIREMENTS
40              Representative of miners....................         185
41              Notification of legal identity..............         186
42              National Mine Health and Safety Academy.....         188
43              Procedures for processing hazardous 
                    conditions complaints...................         189
44              Rules of practice for petitions for 
                    modification of mandatory safety 
                    standards...............................         192
45              Independent contractors.....................         204
                  SUBCHAPTER H--EDUCATION AND TRAINING
46              Training and retraining of miners engaged in 
                    shell dredging or employed at sand, 
                    gravel, surface stone, surface clay, 
                    colloidal phosphate, or surface 
                    limestone mines.........................         206
47              Hazard Communication (HazCom)...............         214
48              Training and retraining of miners...........         223
49              Mine rescue teams...........................         242
SUBCHAPTER I--ACCIDENTS, INJURIES, ILLNESSES, EMPLOYMENT, AND PRODUCTION 
                                IN MINES
50              Notification, investigation, reports and 
                    records of accidents, injuries, 
                    illnesses, employment, and coal 
                    production in mines.....................         248
                         SUBCHAPTER J [RESERVED]
         SUBCHAPTER K--METAL AND NONMETAL MINE SAFETY AND HEALTH
56              Safety and health standards--surface metal 
                    and nonmetal mines......................         259
57              Safety and health standards--underground 
                    metal and nonmetal mines................         314

[[Page 5]]

58              Health standards for metal and nonmetal 
                    mines...................................         416
                         SUBCHAPTER L [RESERVED]
              SUBCHAPTER M--UNIFORM MINE HEALTH REGULATIONS
62              Occupational noise exposure.................         417
                         SUBCHAPTER N [RESERVED]
                SUBCHAPTER O--COAL MINE SAFETY AND HEALTH
70              Mandatory health standards--underground coal 
                    mines...................................         425
71              Mandatory health standards--surface coal 
                    mines and surface work areas of 
                    underground coal mines..................         433
72              Health standards for coal mines.............         444
74              Coal mine dust personal sampler units.......         448
75              Mandatory safety standards--underground coal 
                    mines...................................         453
77              Mandatory safety standards, surface coal 
                    mines and surface work areas of 
                    underground coal mines..................         607
90              Mandatory health standards--coal miners who 
                    have evidence of the development of 
                    pneumoconiosis..........................         663
SUBCHAPTER P--CIVIL PENALTIES FOR VIOLATIONS OF THE FEDERAL MINE SAFETY 
                         AND HEALTH ACT OF 1977
100             Criteria and procedures for proposed 
                    assessment of civil penalties...........         673
101-103         [Reserved]

                   SUBCHAPTER Q--PATTERN OF VIOLATIONS
104             Pattern of violations.......................         679
105-199         [Reserved]

[[Page 7]]



 SUBCHAPTER A_OFFICIAL EMBLEM AND OMB CONTROL NUMBERS FOR RECORDKEEPING 
                              AND REPORTING





PART 1_MINE SAFETY AND HEALTH ADMINISTRATION; ESTABLISHMENT AND USE OF 
OFFICIAL EMBLEM--Table of Contents




Sec.
1.1 Official emblem.
1.2 Description.
1.3 Use of letters and acronym MSHA.

    Authority: Sec. 508, Federal Coal Mine Health and Safety Act of 
1969; sec. 301 of Title 5, United States Code; secs. 301(a) and 302(a), 
Federal Mine Safety and Health Amendments Act of 1977, Pub. L. 95-164, 
30 U.S.C. 961 and 951 and 29 U.S.C. 577a, 91 Stat. 1317 and 91 Stat. 
1319; sec. 508, Federal Mine Safety and Health Act of 1977, Pub. L. 91-
173 as amended by Pub. L. 95-164, 30 U.S.C. 957, 83 Stat. 803.

    Source: 39 FR 23997, June 28, 1974, unless otherwise noted.



Sec. 1.1  Official emblem.

    The following emblem is established and shall be used as the 
official emblem of the Mine Safety and Health Administration, except 
where use of the Departmental Seal is required:
[GRAPHIC] [TIFF OMITTED] TC22OC91.000


[39 FR 23997, June 28, 1974, as amended at 43 FR 12312, Mar. 24, 1978]



Sec. 1.2  Description.

    The emblem of the Mine Safety and Health Administration is of 
contemporary design with the letters and acronym of the Administration 
delineated as MSHA appearing in large letters in the middle of the 
emblem. Above the letters and acronym appear the words ``United States 
Department of Labor'' and below the letters and acronym appear the words 
``Mine Safety and Health Administration.''

[39 FR 23997, June 28, 1974, as amended at 43 FR 12312, Mar. 24, 1978]



Sec. 1.3  Use of letters and acronym MSHA.

    The letters and acronym MSHA may be used and substituted for the 
words ``Mine Safety and Health Administration'' in correspondence, 
rules, regulations, and in certificates of approval, approval plates, 
labels, and markings prescribed by the Mine Safety and Health 
Administration to designate and denote equipment, devices, and apparatus 
approved as ``permissible'' and suitable for use in mines under the 
applicable parts of Chapter I of this title, and in such other 
documents, publications, and pamphlets, and on signs, clothing and 
uniforms, and offices of the Administration and at such times and 
locations as may be deemed appropriate by the Assistant Secretary of 
Labor for Mine Safety and Health.

[39 FR 23997, June 28, 1974, as amended at 43 FR 12312, Mar. 24, 1978]



PART 3_OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT
--Table of Contents




    Authority: 30 U.S.C. 957; 44 U.S.C. 3501-3520.



Sec. 3.1  OMB control numbers.

    The collection of information requirements in MSHA regulation 
sections in this chapter have been approved and assigned control numbers 
by the Office of Management and Budget (OMB) under the Paperwork 
Reduction Act. Regulation sections in this chapter containing paperwork 
requirements and their respective OMB control numbers are displayed in 
the following table:

                      Table 1--OMB Control Numbers
------------------------------------------------------------------------
                                                             OMB Control
                      30 CFR Citation                            No.
------------------------------------------------------------------------
   Subchapter B--Testing, Evaluation, and Approval of Mining Products
------------------------------------------------------------------------
7.3........................................................    1219-0100
7.4........................................................    1219-0100
7.6........................................................    1219-0100
7.7........................................................    1219-0100

[[Page 8]]

 
7.23.......................................................    1219-0100
7.27.......................................................    1219-0100
7.28.......................................................    1219-0100
7.29.......................................................    1219-0100
7.43.......................................................    1219-0100
7.46.......................................................    1219-0100
7.47.......................................................    1219-0100
7.48.......................................................    1219-0100
7.49.......................................................    1219-0100
7.51.......................................................    1219-0100
7.63.......................................................    1219-0100
7.69.......................................................    1219-0100
7.71.......................................................    1219-0100
7.83.......................................................    1219-0119
7.90.......................................................    1219-0119
7.97.......................................................    1219-0119
7.105......................................................    1219-0119
7.303......................................................    1219-0100
7.306......................................................    1219-0100
7.309......................................................    1219-0100
7.311......................................................    1219-0100
7.403......................................................    1219-0100
7.407......................................................    1219-0100
7.408......................................................    1219-0100
7.409......................................................    1219-0100
15.4.......................................................    1219-0066
15.8.......................................................    1219-0066
18.6.......................................................    1219-0066
18.15......................................................    1219-0066
18.81......................................................    1219-0066
18.82......................................................    1219-0066
18.93......................................................    1219-0066
18.94......................................................    1219-0066
19.3.......................................................    1219-0066
19.13......................................................    1219-0066
20.3.......................................................    1219-0066
20.14......................................................    1219-0066
22.4.......................................................    1219-0066
22.11......................................................    1219-0066
23.3.......................................................    1219-0066
23.14......................................................    1219-0066
27.4.......................................................    1219-0066
27.6.......................................................    1219-0066
27.11......................................................    1219-0066
28.10......................................................    1219-0066
28.25......................................................    1219-0066
28.30......................................................    1219-0066
28.31......................................................    1219-0066
33.6.......................................................    1219-0066
33.12......................................................    1219-0066
35.6.......................................................    1219-0066
35.12......................................................    1219-0066
36.6.......................................................    1219-0066
36.12......................................................    1219-0066
------------------------------------------------------------
       Subchapter G--Filing and Other Administrative Requirements
------------------------------------------------------------------------
40.3.......................................................    1219-0042
40.4.......................................................    1219-0042
40.5.......................................................    1219-0042
41.10......................................................    1219-0008
41.11......................................................    1219-0008
41.12......................................................    1219-0008
41.20......................................................    1219-0008
43.2.......................................................    1219-0014
43.4.......................................................    1219-0014
43.7.......................................................    1219-0014
43.8.......................................................    1219-0014
44.9.......................................................    1219-0065
44.10......................................................    1219-0065
44.11......................................................    1219-0065
45.3.......................................................    1219-0043
45.4.......................................................    1219-0040
46.3.......................................................    1219-0131
46.5.......................................................    1219-0131
46.6.......................................................    1219-0131
46.7.......................................................    1219-0131
46.8.......................................................    1219-0131
46.9.......................................................    1219-0131
46.11......................................................    1219-0131
47.31......................................................    1219-0133
47.41......................................................    1219-0133
47.51......................................................    1219-0133
47.61......................................................    1219-0133
47.71......................................................    1219-0133
47.73......................................................    1219-0133
48.3.......................................................    1219-0009
48.9.......................................................    1219-0070
48.23......................................................    1219-0009
48.29......................................................    1219-0070
49.2.......................................................    1219-0078
49.3.......................................................    1219-0078
49.4.......................................................    1219-0078
49.6.......................................................    1219-0078
49.7.......................................................    1219-0078
49.8.......................................................    1219-0078
49.9.......................................................    1219-0078
------------------------------------------------------------
Subchapter I--Accidents, Injuries, Illnesses, Employment, and Production
                                in Mines
------------------------------------------------------------------------
50.10......................................................    1219-0007
50.11......................................................    1219-0007
50.20......................................................    1219-0007
50.30......................................................    1219-0006
------------------------------------------------------------
         Subchapter K--Metal and Nonmetal Mine Safety and Health
------------------------------------------------------------------------
56.1000....................................................    1219-0092
56.3203(a).................................................    1219-0121
56.5005....................................................    1219-0048
56.13015...................................................    1219-0089
56.13030...................................................    1219-0089
56.14100...................................................    1219-0089
56.18002...................................................    1219-0089
56.19022...................................................    1219-0034
56.19023...................................................    1219-0034
56.19057...................................................    1219-0049
56.19121...................................................    1219-0034
56.19132...................................................    1219-0034
57.1000....................................................    1219-0092
57.3203(a).................................................    1219-0121
57.3461....................................................    1219-0097
57.5005....................................................    1219-0048
57.5037....................................................    1219-0003
57.5040....................................................    1219-0003
57.5047....................................................    1219-0039
57.5060....................................................    1219-0135
57.5066....................................................    1219-0135
57.5070....................................................    1219-0135
57.5071....................................................    1219-0135
57.5075....................................................    1219-0135
57.8520....................................................    1219-0016
57.8525....................................................    1219-0012
57.11053...................................................    1219-0046
57.13015...................................................    1219-0089
57.13030...................................................    1219-0089
57.14100...................................................    1219-0089

[[Page 9]]

 
57.18002...................................................    1219-0089
57.19022...................................................    1219-0034
57.19023...................................................    1219-0034
57.19057...................................................    1219-0049
57.19121...................................................    1219-0034
57.19132...................................................    1219-0034
57.22004(c)................................................    1219-0103
57.22204...................................................    1219-0030
57.22229...................................................    1219-0103
57.22230...................................................    1219-0103
57.22231...................................................    1219-0103
57.22239...................................................    1219-0103
57.22401...................................................    1219-0096
57.22606...................................................    1219-0095
------------------------------------------------------------
              Subchapter M--Uniform Mine Health Regulations
------------------------------------------------------------------------
62.110.....................................................    1219-0120
62.130.....................................................    1219-0120
62.170.....................................................    1219-0120
62.171.....................................................    1219-0120
62.172.....................................................    1219-0120
62.173.....................................................    1219-0120
62.174.....................................................    1219-0120
62.175.....................................................    1219-0120
62.180.....................................................    1219-0120
62.190.....................................................    1219-0120
------------------------------------------------------------
                Subchapter O--Coal Mine Safety and Health
------------------------------------------------------------------------
70.201(c)..................................................    1219-0011
70.202.....................................................    1219-0011
70.204.....................................................    1219-0011
70.209.....................................................    1219-0011
70.220.....................................................    1219-0011
71.201(c)..................................................    1219-0011
71.202.....................................................    1219-0011
71.204.....................................................    1219-0011
71.209.....................................................    1219-0011
71.220.....................................................    1219-0011
71.300.....................................................    1219-0011
71.301.....................................................    1219-0011
71.403.....................................................    1219-0024
71.404.....................................................    1219-0024
72.503.....................................................    1219-0124
72.510.....................................................    1219-0124
72.520.....................................................    1219-0124
75.100.....................................................    1219-0069
75.153(a)(2)...............................................    1219-0001
75.155.....................................................   1219-0069,
                                                                    0127
75.159.....................................................    1219-0127
75.160.....................................................    1219-0127
75.161.....................................................    1219-0127
75.204(a)..................................................    1219-0121
75.215.....................................................    1219-0004
75.220.....................................................    1219-0004
75.221.....................................................    1219-0004
75.223.....................................................    1219-0004
75.310.....................................................    1219-0088
75.312.....................................................    1219-0088
75.342.....................................................    1219-0088
75.351.....................................................   1219-0088,
                                                                    0067
75.360.....................................................   1219-0088,
                                                                    0125
75.361.....................................................    1219-0088
75.362.....................................................    1219-0088
75.363.....................................................   1219-0088,
                                                                    0119
75.364.....................................................    1219-0088
75.370.....................................................    1219-0088
75.371.....................................................    1219-0119
75.372.....................................................    1219-0073
75.373.....................................................    1219-0073
75.382.....................................................    1219-0088
75.512.....................................................    1219-0067
75.703-3(d)(11)............................................    1219-0067
75.800-4...................................................    1219-0067
75.820(b), (e).............................................    1210-0116
75.821.....................................................    1219-0116
75.900-4...................................................    1219-0067
75.1001-1(c)...............................................    1219-0067
75.1100-3..................................................    1219-0054
75.1101-23.................................................    1219-0054
75.1103-8..................................................    1219-0054
75.1103-11.................................................    1219-0054
75.1200....................................................    1219-0073
75.1200-1..................................................    1219-0073
75.1201....................................................    1219-0073
75.1202....................................................    1219-0073
75.1202-1..................................................    1219-0073
75.1203....................................................    1219-0073
75.1204....................................................    1219-0073
75.1204-1..................................................    1219-0073
75.1321....................................................    1219-0025
75.1327....................................................    1219-0025
75.1400-2..................................................    1219-0034
75.1400-4..................................................    1219-0034
75.1432....................................................    1219-0034
75.1433....................................................    1219-0034
75.1501....................................................    1219-0137
75.1502....................................................    1219-0137
75.1702....................................................    1219-0041
75.1712-4..................................................    1219-0024
75.1712-5..................................................    1219-0024
75.1713-1..................................................    1219-0078
75.1714-3(e)...............................................    1219-0044
75.1716....................................................    1219-0020
75.1716-1..................................................    1219-0020
75.1716-3..................................................    1219-0020
75.1721....................................................    1219-0073
75.1901....................................................    1219-0119
75.1904(b)(4)(i)...........................................    1219-0119
75.1911....................................................    1219-0119
75.1912....................................................    1219-0119
75.1914....................................................    1219-0119
75.1915....................................................   1219-0119,
                                                                    0124
77.100.....................................................    1219-0069
77.103(a)(2)...............................................    1219-0001
77.105.....................................................   1219-0069,
                                                                    0127
77.106.....................................................    1219-0127
77.107.....................................................    1219-0127
77.107-1...................................................    1219-0127
77.215.....................................................    1219-0015
77.215-2...................................................    1219-0015
77.215-3...................................................    1219-0015
77.215-4...................................................    1219-0015
77.216-2...................................................    1219-0015
77.216-3...................................................    1219-0015
77.216-4...................................................    1219-0015
77.216-5...................................................    1219-0015
77.502.....................................................    1219-0067
77.800-2...................................................    1219-0067
77.900-2...................................................    1219-0067
77.1000....................................................    1219-0026
77.1000-1..................................................    1219-0026
77.1101....................................................    1219-0051

[[Page 10]]

 
77.1200....................................................    1219-0073
77.1201....................................................    1219-0073
77.1202....................................................    1219-0073
77.1404....................................................    1219-0034
77.1432....................................................    1219-0034
77.1433....................................................    1219-0034
77.1702....................................................    1219-0078
77.1713....................................................    1219-0083
77.1900....................................................    1219-0019
77.1901....................................................    1219-0082
77.1906....................................................    1219-0034
77.1909-1..................................................    1219-0025
90.201(c)..................................................    1219-0011
90.202.....................................................    1219-0011
90.204.....................................................    1219-0011
90.209.....................................................    1219-0011
90.220.....................................................    1219-0011
90.300.....................................................    1219-0011
90.301.....................................................    1219-0011
------------------------------------------------------------------------


[65 FR 40498, June 30, 2000; 65 FR 42769, July 11, 2000, as amended at 
68 FR 38607, June 30, 2003]

[[Page 11]]



    SUBCHAPTER B_TESTING, EVALUATION, AND APPROVAL OF MINING PRODUCTS





PART 5_FEES FOR TESTING, EVALUATION, AND APPROVAL OF MINING PRODUCTS
--Table of Contents




Sec.
5.10 Purpose and scope.
5.20 Effective date.
5.30 Fee calculation.
5.40 Fee administration.
5.50 Fee revisions.

    Authority: 30 U.S.C. 957.

    Source: 52 FR 17516, May 8, 1987, unless otherwise noted.



Sec. 5.10  Purpose and scope.

    (a) This part establishes a system under which MSHA charges a fee 
for services performed in connection with testing, evaluation and 
approval of products manufactured for use in underground mines. Included 
in this part is the method used to calculate the fees and the manner in 
which the fee system is administered.
    (b) The services for which fees are charged are--
    (1) Application processing by engineers, technicians and other 
specialists (investigators), including administrative review of 
applications, analysis of drawings, technical evaluation, testing, test 
set up and tear down, consultation on applications and investigator 
travel, where necessary to process the application;
    (2) Clerical services, computer tracking and status reporting, 
records control and security and document preparation directly 
supporting application processing;
    (3) A proportionate share of management, administration and 
operation of the Approval and Certification Center which is in support 
of application processing; and
    (4) Amortization of facility improvements and depreciation of 
buildings and equipment used for testing and evaluation or otherwise 
directly associated with application processing.
    (c) Fees are not charged for:
    (1) Technical assistance not related to processing an approval 
application;
    (2) Technical programs including development of new technology 
programs;
    (3) Participation in research conducted by other government agencies 
or private organizations;
    (4) Regulatory review activities, including participation in the 
development of health and safety standards, regulations and legislation; 
and
    (5) Post-approval product audits.



Sec. 5.20  Effective date.

    This part is effective October 1, 1987. Applications for approval 
received by MSHA on or after that date will be subject to this part. 
Applications in process on that date will be processed under the 
appropriate fee provision in effect on the date of its receipt by MSHA.



Sec. 5.30  Fee calculation.

    (a) A standard application fee is charged for initial administrative 
review of each approval application. This fee will be calculated based 
on the hourly compensation cost to conduct the review. The fee will be 
non-refundable. However, payment will be fully credited against 
subsequent charges for services rendered.
    (b) The fee for testing, evaluation and approval of a product is 
based on the costs of the services provided. Each service provided for a 
group of similar products is assessed an hourly rate to cover direct and 
indirect costs. Direct costs are based on current compensation and 
benefit costs for technical and support personnel directly involved in 
providing the service. Indirect costs are based on a proportionate share 
of the cost of activities which support the approval service, including 
management and administration of the Approval and Certification Center, 
facility operating costs and amortization and depreciation of facilities 
and equipment.
    (c) Except as provided in paragraphs (d) and (e), fees are charged 
on an hourly basis. An estimated maximum fee (cap) is determined on an 
individual

[[Page 12]]

basis before the start of technical evaluation. When unforeseen 
circumstances discovered during evaluation would result in the hourly 
fee exceeding the cap, the applicant will have the option to cancel the 
action or receive a new maximum fee estimate. If the actual hourly fee 
for processing the application is less than the cap, the lesser amount 
is charged.
    (d) The Stamped Notification Acceptance Program (SNAP) and Stamped 
Revision Acceptance (SRA) program are expedited programs allowing 
manufacturers to submit minor changes to previously approved products. A 
flat fee is charged for these services.
    (e) Tests conducted by the Bureau of Mines for MSHA under part 15 
are flat rate items. However, these fees will be included with hourly 
evaluation rates and billed out at the conclusion of the processing.



Sec. 5.40  Fee administration.

    (a) Applicants must submit a check or money order for the 
application fee to MSHA Finance Branch, P.O. Box 25367, Denver Federal 
Center, Denver, Colorado 80225, at the time the application is submitted 
to the Approval and Certification Center. The check or money order must 
bear the ``company assigned application number'' of the application for 
approval. The application for approval must bear the check or money 
order number, amount of check, the date the payment was mailed to MSHA 
Finance Branch, and the company-assigned application number identical to 
the number placed on the check or money order.
    (b) Applicants for SNAP and SRA services must submit the full fee to 
MSHA Finance Branch at the above address at the time the application is 
submitted to the Approval and Certification Center.
    (c) Applicants for services for which an hourly fee is charged will 
be billed for the fee when processing of the action is completed. Actual 
travel expenses, if any, incurred in processing the application will be 
added. Invoices will contain specific payment instructions.



Sec. 5.50  Fee revisions.

    Each fee schedule shall remain in effect for at least one year and 
be subject to revision at least once every three years.



PART 6_TESTING AND EVALUATION BY INDEPENDENT LABORATORIES AND NON-MSHA 
PRODUCT SAFETY STANDARDS--Table of Contents




Sec.
6.1 Purpose and effective date.
6.2 Definitions.
6.10 Use of independent laboratories.
6.20 MSHA acceptance of equivalent non-MSHA product safety standards.

    Authority: 30 U.S.C. 957.

    Source: 68 FR 36417, June 17, 2003, unless otherwise noted.



Sec. 6.1  Purpose and effective date.

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



Sec. 6.2  Definitions.

    The following definitions apply in this part.
    Applicant. An individual or organization that manufactures or 
controls the assembly of a product and applies to MSHA for approval of 
that product.
    Approval. A written document issued by MSHA which states that a 
product has met the applicable requirements of part 18, 19, 20, 22, 23, 
27, 33, 35, or 36. The

[[Page 13]]

definition is based on the existing definitions of ``approval'' in the 
parts specified above. It is expanded to include ``certification'' and 
``acceptance'' because these terms also are used to denote MSHA 
approval.
    Approval holder. An applicant whose application for approval of a 
product under part 18, 19, 20, 22, 23, 27, 33, 35 or 36 of this chapter 
has been approved by MSHA.
    Equivalent non-MSHA product safety standards. A non-MSHA product 
safety standard, or group of standards, that is determined by MSHA to 
provide at least the same degree of protection as the applicable MSHA 
product approval requirements in parts 18, 19, 20, 22, 23, 27, 33, 35, 
and 36, or which in modified form provide at least the same degree of 
protection.
    Independent laboratory. A laboratory that:
    (1) has been recognized by a laboratory accrediting organization to 
test and evaluate products to a product safety standard, and
    (2) is free from commercial, financial, and other pressures that may 
influence the results of the testing and evaluation process.
    Post-approval product audit. The examination, testing, or both, by 
MSHA of approved products selected by MSHA to determine whether those 
products meet the applicable product approval requirements and have been 
manufactured as approved.
    Product safety standard. A document, or group of documents, that 
specifies the requirements for the testing and evaluation of a product 
for use in explosive gas and dust atmospheres, and, when appropriate, 
includes documents addressing the flammability properties of products.



Sec. 6.10  Use of independent laboratories.

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



Sec. 6.20  MSHA acceptance of equivalent non-MSHA product safety standards.

    (a) MSHA will accept non-MSHA product safety standards, or groups of 
standards, as equivalent after determining that they:

[[Page 14]]

    (1) Provide at least the same degree of protection as MSHA's product 
approval requirements in parts 18, 19, 20, 22, 23, 27, 33, 35 and 36 of 
this chapter; or
    (2) Can be modified to provide at least the same degree of 
protection as those MSHA requirements.
    (b) MSHA will publish its intent to review any non-MSHA product 
safety standard for equivalency in the Federal Register for the purpose 
of soliciting public input.
    (c) A listing of all equivalency determinations will be published in 
this part 6 and the applicable approval parts. The listing will state 
whether MSHA accepts the non-MSHA product safety standards in their 
original form, or whether MSHA will require modifications to demonstrate 
equivalency. If modifications are required, they will be provided in the 
listing. MSHA will notify the public of each equivalency determination 
and will publish a summary of the basis for its determination. MSHA will 
provide equivalency determination reports to the public upon request to 
the Approval and Certification Center.
    (d) After MSHA has determined that non-MSHA product safety standards 
are equivalent and has notified the public of such determinations, 
applicants may seek MSHA product approval based on such non-MSHA product 
safety standards.



PART 7_TESTING BY APPLICANT OR THIRD PARTY--Table of Contents




                            Subpart A_General

Sec.
7.1 Purpose and scope.
7.2 Definitions.
7.3 Application procedures and requirements.
7.4 Product testing.
7.5 Issuance of approval.
7.6 Approval marking and distribution record.
7.7 Quality assurance.
7.8 Post-approval product audit.
7.9 Revocation.
7.10 MSHA acceptance of equivalent non--MSHA product safety standards.

             Subpart B_Brattice Cloth and Ventilation Tubing

7.21 Purpose and effective date.
7.22 Definitions.
7.23 Application requirements.
7.24 Technical requirements.
7.25 Critical characteristics.
7.26 Flame test apparatus.
7.27 Test for flame resistance of brattice cloth.
7.28 Test for flame resistance of rigid ventilation tubing.
7.29 Approval marking.
7.30 Post-approval product audit.
7.31 New technology.

                      Subpart C_Battery Assemblies

7.41 Purpose and effective date.
7.42 Definitions.
7.43 Application requirements.
7.44 Technical requirements.
7.45 Critical characteristics.
7.46 Impact test.
7.47 Deflection temperature test.
7.48 Acid resistance test.
7.49 Approval marking.
7.50 Post-approval product audit.
7.51 Approval checklist.
7.52 New technology.

                 Subpart D_Multiple-Shot Blasting Units

7.61 Purpose and effective date.
7.62 Definitions.
7.63 Application requirements.
7.64 Technical requirements.
7.65 Critical characteristics.
7.66 Output energy test.
7.67 Construction test.
7.68 Firing line terminals test.
7.69 Approval marking.
7.70 Post-approval product audit.
7.71 Approval checklist.
7.72 New technology.

   Subpart E_Diesel Engines Intended for Use in Underground Coal Mines

7.81 Purpose and effective date.
7.82 Definitions.
7.83 Application requirements.
7.84 Technical requirements.
7.85 Critical characteristics.
7.86 Test equipment and specifications.
7.87 Test to determine the maximum fuel-air ratio.
7.88 Test to determine the gaseous ventilation rate.
7.89 Test to determine the particulate index.
7.90 Approval marking.
7.91 Post-approval product audit.
7.92 New technology.

Subpart F_Diesel Power Packages Intended for Use in Areas of Underground 
       Coal Mines Where Permissible Electric Equipment Is Required

7.95 Purpose and effective date.

[[Page 15]]

7.96 Definitions.
7.97 Application requirements.
7.98 Technical requirements.
7.99 Critical characteristics.
7.100 Explosion tests.
7.101 Surface temperature tests.
7.102 Exhaust gas cooling efficiency test.
7.103 Safety system control test.
7.104 Internal static pressure test.
7.105 Approval marking.
7.106 Post-approval product audit.
7.107 New technology.
7.108 Power package checklist.

                   Subpart J_Electric Motor Assemblies

7.301 Purpose and effective date.
7.302 Definitions.
7.303 Application requirements.
7.304 Technical requirements.
7.305 Critical characteristics.
7.306 Explosion tests.
7.307 Static pressure test.
7.308 Lockwasher equivalency test.
7.309 Approval marking.
7.310 Post-approval product audit.
7.311 Approval checklist.

Appendix I to Subpart J of Part 7

   Subpart K_Electric Cables, Signaling Cables, and Cable Splice Kits

7.401 Purpose and effective date.
7.402 Definitions.
7.403 Application requirements.
7.404 Technical requirements.
7.405 Critical characteristics.
7.406 Flame test apparatus.
7.407 Test for flame resistance of electric cables and cable splices.
7.408 Test for flame resistance of signaling cables.
7.409 Approval markings.
7.410 Post-approval product audit.
7.411 New technology.

    Authority: 30 U.S.C. 957.

    Source: 53 FR 23500, June 22, 1988, unless otherwise noted.



                            Subpart A_General



Sec. 7.1  Purpose and scope.

    This part sets out requirements for MSHA approval of certain 
equipment and materials for use in underground mines whose product 
testing and evaluation does not involve subjective analysis.These 
requirements apply to products listed in the subparts following this 
Subpart A. After the dates specified in the following subparts, requests 
for approval of products shall be made in accordance with this Subpart A 
and the applicable subpart.



Sec. 7.2  Definitions.

    The following definitions apply in this part.
    Applicant. An individual or organization that manufactures or 
controls the assembly of a product and that applies to MSHA for approval 
of that product.
    Approval. A document issued by MSHA which states that a product has 
met the requirements of this part and which authorizes an approval 
marking identifying the product as approved.
    Authorized company official. An individual designated by applicant 
who has the authority to bind the company.
    Critical characteristic. A feature of a product that, if not 
manufactured as approved, could have a direct adverse effect on safety 
and for which testing or inspection is required prior to shipment to 
ensure conformity with the technical requirements under which the 
approval was issued.
    Equivalent non-MSHA product safety standards. A non-MSHA product 
safety standard, or group of standards, that is determined by MSHA to 
provide at least the same degree of protection as the applicable MSHA 
product technical requirements in the subparts of this part, or can be 
modified to provide at least the same degree of protection as those MSHA 
requirements.
    Extention of approval. A document issued by MSHA which states that 
the change to a product previously approved by MSHA under this part 
meets the requirements of this part and which authorizes the continued 
use of the approval marking after the appropriate extension number has 
been added.
    Post-approval product audit. Examination, testing, or both, by MSHA 
of approved products selected by MSHA to determine whether those 
products meet the applicable technical requirements and have been 
manufactured as approved.
    Technical requirements. The design and performance requirements for 
a product, as specified in a subpart of this part.
    Test procedures. The methods specified in a subpart of this part 
used to determine whether a product meet the

[[Page 16]]

performance portion of the technical requirements.

[53 FR 23500, June 22, 1988; 53 FR 25569, July 7, 1988, as amended at 68 
FR 36418, June 17, 2003]



Sec. 7.3  Application procedures and requirements.

    (a) Application. Requests for an approval or extension of approval 
shall be sent to: U.S. Department of Labor, Mine Safety and Health 
Administration, Approval and Certification Center, RR  1, Box 
251, Industrial Park Road, Triadelphia, West Virginia 26059.
    (b) Fees. Fees calculated in accordance with part 5 of this title 
shall be submitted in accordance with Sec. 5.40.
    (c) Original approval. Each application for approval of a product 
shall include--
    (1) A brief description of the product;
    (2) The documentation specified in the appropriate subpart of this 
part;
    (3) The name, address, and telephone number of the applicant's 
representative responsible for answering any questions regarding the 
application;
    (4) If appropriate, a statement indicating whether, in the 
applicant's opinion, testing is required. If testing is not proposed, 
the applicant shall explain the reasons for not testing; and
    (5) If appropriate, the place and date for product testing.
    (d) Subsequent approval of a similar product. Each application for a 
product similar to one for which the applicant already holds an approval 
shall include--
    (1) The approval number for the product which most closely resembles 
the new one;
    (2) The information specified in paragraph (c) of this section for 
the new product, except that any document which is the same as one 
listed by MSHA in prior approvals need not be submitted, but shall be 
noted in the application;
    (3) An explanation of any change from the existing approval; and
    (4) A statement as to whether, in the applicant's opinion, the 
change requires product testing. If testing is not proposed, the 
applicant shall explain the reasons for not testing.
    (e) Extension of an approval. Any change in the approved product 
from the documentation on file at MSHA that affects the technical 
requirements of this part shall be submitted to MSHA for approval prior 
to implementing the change. Each application for an extension of 
approval shall include--
    (1) The MSHA-assigned approval number for the product for which the 
extension is sought;
    (2) A brief description of the proposed change to the previously 
approved product;
    (3) Drawings and specifications which show the change in detail;
    (4) A statement as to whether, in the applicant's opinion, the 
change requires product testing. If testing is not proposed, the 
applicant shall explain the reasons for not testing;
    (5) The place and date for product testing, if testing will be 
conducted; and
    (6) The name, address, and telephone number of the applicant's 
representative responsible for answering any questions regarding the 
application.
    (f) Certification statement. (1) Each application for original 
approval, subsequent approval, or extension of approval of a product 
shall include a certification by the applicant that the product meets 
the design portion of the technical requirements, as specified in the 
appropriate subpart, and that the applicant will perform the quality 
assurance functions specified in Sec. 7.7. For a subsequent approval or 
extension of approval, the applicant shall also certify that the 
proposed change cited in the application is the only change that affects 
the technical requirements.
    (2) After completion of the required product testing, the applicant 
shall certify that the product has been tested and meets the performance 
portion of the technical requirements, as specified in the appropriate 
subpart.
    (3) All certification statements shall be signed by an authorized 
company official.

[53 FR 23500, June 22, 1988, as amended at 60 FR 33722, June 29, 1995]



Sec. 7.4  Product testing.

    (a) All products submitted for approval under this part shall be 
tested using the test procedures specified in the appropriate subpart 
unless MSHA

[[Page 17]]

determines, upon review of the documentation submitted, that testing is 
not required. Applicants shall maintain records of test results and 
procedures for three years.
    (b) Unless otherwise specified in the subpart, test instruments 
shall be calibrated at least as frequently as, and according to, the 
instrument manufacturer's specifications, using calibration standards 
traceable to those set by the National Bureau of Standards, U.S. 
Department of Commerce or other nationally recoginzed standards and 
accurate to at least one significant figure beyond the desired accuracy.
    (c) When MSHA elects to observe product testing, the applicant shall 
permit an MSHA official to be present at a mutually agreeable date, 
time, and place.
    (d) MSHA will accept product testing conducted outside the United 
States where such acceptance is specifically required by international 
agreement.

[53 FR 23500, June 22, 1988; 53 FR 25569, July 7, 1988; 60 FR 33722, 
June 29, 1995]



Sec. 7.5  Issuance of approval.

    (a) An applicant shall not advertise or otherwise represent a 
product as approved until MSHA has issued the applicant an approval.
    (b) MSHA will issue an approval or a notice of the reasons for 
denying approval after reviewing the application, and the results of 
product testing, when applicable. An approval will identify the 
documents upon which the approval is based.



Sec. 7.6  Approval marking and distribution record.

    (a) Each approved product shall have an approval marking, as 
specified in the appropriate subpart of this part.
    (b) For an extension of approval, the extension number shall be 
added to the original approval number on the approval marking.
    (c) Applicants shall maintain records of the initial sale of each 
unit having an approval marking. The record retention period shall be at 
least the expected shelf life and service life of the product.

[53 FR 23500, June 22, 1988, as amended at 60 FR 33722, June 29, 1995]



Sec. 7.7  Quality assurance.

    Applicants granted an approval or an extension of approval under 
this part shall--
    (a) Inspect or test, or both, the critical characteristics in 
accordance with the appropriate subpart of this part;
    (b) Unless otherwise specified in the subparts, calibrate 
instruments used for the inspection and testing of critical 
characteristics at least as frequently as, and according to, the 
instrument manufacturer's specifications, using calibration standards 
traceable to those set by the National Bureau of Standards, U.S. 
Department of Commerce or other nationally recognized standards and use 
instruments accurate to at least one significant figure beyond the 
desired accuracy.
    (c) Control production documentation so that the product is 
manufactured as approved;
    (d) Immediately report to the MSHA Approval and Certification 
Center, any knowledge of a product distributed with critical 
characteristics not in accordance with the approval specifications.

[53 FR 23500, June 22, 1988, as amended at 60 FR 33722, June 29, 1995]



Sec. 7.8  Post-approval product audit.

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

[[Page 18]]



Sec. 7.9  Revocation.

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



Sec. 7.10  MSHA acceptance of equivalent non-MSHA product safety standards.

    (a) MSHA will accept non-MSHA product safety standards, or groups of 
standards, as equivalent after determining that they:
    (1) Provide at least the same degree of protection as MSHA's 
applicable technical requirements for a product in the subparts of this 
part; or
    (2) Can be modified to provide at least the same degree of 
protection as those MSHA requirements.
    (b) MSHA will publish its intent to review any non-MSHA product 
safety standard for equivalency in the Federal Register for the purpose 
of soliciting public input.
    (c) A listing of all equivalency determinations will be published in 
this part 7. The listing will state whether MSHA accepts the non-MSHA 
product safety standards in their original form, or whether MSHA will 
require modifications to demonstrate equivalency. If modifications are 
required, they will be provided in the listing. MSHA will notify the 
public of each equivalency determination and will publish a summary of 
the basis for its determination. MSHA will provide equivalency 
determination reports to the public upon request to the Approval and 
Certification Center.
    (d) After MSHA has determined that non-MSHA product safety standards 
are equivalent and has notified the public of such determinations, 
applicants may seek MSHA product approval based on such non-MSHA product 
safety standards.

[68 FR 36418, June 17, 2003]



             Subpart B_Brattice Cloth and Ventilation Tubing



Sec. 7.21  Purpose and effective date.

    This subpart establishes the specific requirements for approval of 
brattice cloth and ventilation tubing. It is effective August 22, 1988. 
Applications for approval or extension of approval submitted after 
August 22, 1989, shall meet the requirements of this part.



Sec. 7.22  Definitions.

    The following definitions apply in this subpart:
    Brattice cloth. A curtain of jute, plastic, or similar material used 
to control or direct ventilating air.
    Denier. A unit of yarn size indicating the fineness of fiber of 
material based on the number of grams in a length of 9,000 meters.
    Film. A sheet of flexible material applied to a scrim by pressure, 
temperature, adhesion, or other method.
    Scrim. A substrate material of plastic or fabric laminated between 
or coated with a film.
    Ventilation tubing. Rigid or flexible tubing used to convey 
ventilating air.



Sec. 7.23  Application requirements.

    (a) Brattice cloth. A single application may address two or more 
products if the products differ only in: weight of the finished product; 
weight or weave of the same fabric or scrim; or thickness or layers of 
the same film. Applications shall include the following information:
    (1) Trade name.
    (2) Product designations (for example, style and code number).
    (3) Color.

[[Page 19]]

    (4) Type of brattice (for example, plastic or jute).
    (5) Weight of finished product.
    (6) Film: type, weight, thickness, supplier, supplier's stock number 
or designation, and percent of finished product by weight.
    (7) Scrim: Type, denier, weight, weave, the supplier, supplier's 
stock number or designation, and percent of finished product by weight.
    (8) Adhesive: type, supplier, supplier's stock number or 
designation, and percent of finished product by weight.
    (b) Flexible ventilation tubing. Applications shall include the 
product description information in paragraph (a) of this section and 
list the type of supporting structure, if applicable; inside diameters; 
and configurations.
    (c) Rigid ventilation tubing. A single application may address two 
or more products if the products differ only in diameters, lengths, 
configuration, or average wall thickness. Applications shall include the 
following information:
    (1) Trade name.
    (2) Product designations (for example, style and code numbers).
    (3) Color.
    (4) Type of ventilation tubing (for example, fiberglass, plastic, or 
polyethylene).
    (5) Inside diameter, configuration, and average wall thickness.
    (6) Suspension system (for example, metal hooks).
    (7) Base material: type, supplier, the supplier's stock number, and 
percent of finished product by weight.
    (8) Resin: type, supplier, the supplier's stock number, and percent 
of finished product by weight.
    (9) Flame retardant, if added during manufacturing: type, supplier, 
the supplier's stock number, and percent of finished product by weight.

[53 FR 23500, June 22, 1988, as amended at 60 FR 33722, June 29, 1995]



Sec. 7.24  Technical requirements.

    (a) Brattice cloth shall be flame resistant when tested in 
accordance with the flame resistance test in Sec. 7.27.
    (b) Flexible ventilation tubing shall be manufactured using an MSHA-
approved brattice cloth. If a supporting structure is used, it shall be 
metal or other noncombustible material which will not ignite, burn, 
support combustion or release flammable vapors when subjected to fire or 
heat.
    (c) Rigid ventilation tubing shall be flame resistant when tested in 
accordance with the flame resistance test in Sec. 7.28.



Sec. 7.25  Critical characteristics.

    A sample of each batch or lot of brattice cloth and ventilation 
tubing shall be flame tested or a sample of each batch or lot of the 
materials that contribute to the flame-resistance characteristic shall 
be inspected or tested to ensure that the finished product will meet the 
flame-resistance test.



Sec. 7.26  Flame test apparatus.

    The principal parts of the apparatus used to test for flame-
resistance of brattice cloth and ventilation tubing shall be constructed 
as follows:
    (a) A 16-gauge stainless steel gallery lined on the top, bottom and 
both sides with \1/2\ inch thick Marinite or equivalent insulating 
material yielding inside dimensions approximately 58 inches long, 41 
inches high, and 30 inches wide;
    (b) Two \3/8\-inch diameter steel J hooks and a \9/16\-inch diameter 
steel rod to support the sample located approximately 2\3/16\-inches 
from the front and back ends of the test gallery, 1\1/2\-inches from the 
ceiling insulation and centrally located in the gallery along its 
length. Samples shall be suspended to preclude folds or wrinkles;
    (c) A tapered 16-gauge stainless steel duct section tapering from a 
cross sectional area measuring 2 feet 7 inches wide by 3 feet 6 inches 
high at the test gallery to a cross-sectional area 1 foot 6 inches 
square over a length of 3 feet. The tapered duct section must be tightly 
connected to the test gallery;
    (d) A 16-gauge stainless steel fan housing, consisting of a 1 foot 6 
inches square section 6 inches long followed by a 10 inch long section 
which tapers from 1 foot 16 inches square to 12 inches diameter round 
and concluding with a 12 inch diameter round collar 3 inches long. A 
variable speed fan capable of producing an air velocity of 125

[[Page 20]]

ft./min. in the test gallery must be secured in the fan housing. The fan 
housing must be tightly connected to the tapered duct section;
    (e) A methane-fueled impinged jet burner igniting source, measuring 
12 inches long from the threaded ends of the first and last jets and 4 
inches wide with 12 impinged jets, approximately 1\3/8\-inches long and 
spaced alternately along the length of the burner tube. The burner jets 
must be canted so that they point toward each other in pairs and the 
flame from these pairs impinge upon each other.



Sec. 7.27  Test for flame resistance of brattice cloth.

    (a) Test procedures. (1) Prepare 6 samples of brattice cloth 40 
inches wide by 48 inches long.
    (2) Prior to testing, condition each sample for a minimum of 24 
hours at a temperature of 7010 [deg]F (215.5 [deg]C) and a relative humidity of 5510%.
    (3) For each test, suspend the sample in the gallery by wrapping the 
brattice cloth around the rod and clamping each end and the center. The 
brattice cloth must hang 4 inches from the gallery floor.
    (4) Use a front exhaust system to remove smoke escaping from the 
gallery. The exhaust system must remain on during all testing, but not 
affect the air flow in the gallery.
    (5) Set the methane-fueled impinged jet burner to yield a flame 
height of 12 inches as measured at the outermost tip of the flame.
    (6) Apply the burner to the front lower edge of the brattice cloth 
and keep it in contact with the material for 25 seconds or until 1 foot 
of material, measured horizontally, is consumed, whichever occurs first. 
If the material shrinks during application of the burner flame, move the 
burner flame to maintain contact with 1 foot of the material. If melting 
material might clog the burner orifices, rotate the burner slightly 
during application of the flame.
    (7) Test 3 samples in still air and 3 samples with an average of 125 
ft./min. of air flowing past the sample.
    (8) Record the propagation length and duration of burning for each 
of the 6 samples. The duration of burning is the total burning time of 
the specimen during the flame test. This includes the burn time of any 
material that falls on the floor of the test gallery during the igniting 
period. However, the suspended specimen is considered burning only after 
the burner is removed. Should the burning time of a suspended specimen 
and a specimen on the floor coincide, count the coinciding burning time 
only once.
    (9) Calculate the average duration of burning for the first 3 
samples (still air) and the second 3 samples (125 ft./min. air flow).
    (b) Acceptable performance. The brattice cloth shall meet each of 
the following criteria:
    (1) Flame propagation of less than 4 feet in each of the six tests.
    (2) An average duration of burning of less than 1 minute in both 
groups of three tests.
    (3) A duration of burning not exceeding two minutes in each of the 
six tests.

[53 FR 23500, June 22, 1988, as amended at 60 FR 33723, June 29, 1995]



Sec. 7.28  Test for flame resistance of rigid ventilation tubing.

    (a) Test procedures. (1) Prepare 6 samples of ventilation tubing 48 
inches in length with all flared or thickened ends removed. Any sample 
with a cross-sectional dimension greater than 24 inches must be tested 
in a 24-inch size.
    (2) For each test, suspend the sample in the center of the gallery 
by running a wire through the 48-inch length of tubing.
    (3) Use a front exhaust system to remove smoke escaping from the 
gallery. The exhaust system must remain on during all testing but not 
affect the air flow in the gallery.
    (4) Set the methane-fueled impinged jet burner to yield a flame 
height of 12 inches as measured at the outermost tip of the flame.
    (5) Apply the burner to the front lower edge of the tubing so that 
two-thirds of the burner is under the tubing and the remaining third is 
exposed to allow the flames to curl onto the inside of the tubing. Keep 
the burner in contact with the material for 60 seconds. If

[[Page 21]]

melting material might clog the burner orifices, rotate the burner 
slightly during application of the flame.
    (6) Test 3 samples in still air and 3 samples with an average of 125 
ft./min. of air flowing past the sample.
    (7) Record the propagation length and duration of burning for each 
of the 6 samples. The duration of burn is the total burning time of the 
specimen during the flame test. This includes the burning time of any 
material that falls on the floor of the test gallery during the igniting 
period. However, the suspended specimen is considered burning only after 
the burner is removed. Should the burning time of a suspended specimen 
and a specimen on the floor coincide, count the coinciding burn time 
only once.
    (8) Calculate the average duration of burning for the first 3 
samples (still air) and the second 3 samples (125 ft./min. air flow).
    (b) Acceptable performance. The ventilation tubing shall meet each 
of the following criteria:
    (1) Flame propagation of less than 4 feet in each of the 6 tests.
    (2) An average duration of burning of less than 1 minute in both 
groups of 3 tests.
    (3) A duration of burning not exceeding 2 minutes in each of the 6 
tests.

[53 FR 23500, June 22, 1988, as amended at 60 FR 33723, June 29, 1995]



Sec. 7.29  Approval marking.

    (a) Approved brattice cloth shall be legibly and permanently marked 
with the assigned MSHA approval number at intervals not exceeding ten 
feet. If the nature of the material or method of processing makes such 
marking impractical, permanent paint or ink may be used to mark the edge 
with an MSHA-assigned color code.
    (b) Approved ventilation tubing shall be legibly and permanently 
marked on each section with the assigned MSHA approval number.
    (c) An approved product shall be marketed only under a brand or 
trade name that has been furnished to MSHA.



Sec. 7.30  Post-approval product audit.

    Upon request by MSHA but no more than once a year except for cause, 
the approval-holder shall supply to MSHA at no cost up to fifty feet of 
each approved design of brattice cloth and ventilation tubing for audit.



Sec. 7.31  New technology.

    MSHA may approve brattice cloth and ventilation tubing that 
incorporates technology for which the requirements of this subpart are 
not applicable, if the Agency determines that the product is as safe as 
those which meet the requirements of this subpart.



                      Subpart C_Battery Assemblies



Sec. 7.41  Purpose and effective date.

    This subpart establishes the specific requirements for MSHA approval 
of battery assemblies intended for incorporation in approved equipment 
in underground mines. It is effective August 22, 1988. Applications for 
approval or extensions of approval submitted after August 22, 1989, 
shall meet the requirements of this part.



Sec. 7.42  Definitions.

    The following definitions apply in this subpart:
    Battery assembly. A unit or units consisting of cells and their 
electrical connections, assembled in a battery box or boxes with covers.
    Battery box. The exterior sides, bottom, and connector receptacle 
compartment, if any, of a battery assembly, excluding internal 
partitions.



Sec. 7.43  Application requirements.

    (a) An application for approval of a battery assembly shall contain 
sufficient information to document compliance with the technical 
requirements of this subpart and include a composite drawing with the 
following information:
    (1) Overall dimensions of the battery assembly, including the 
minimum distance from the underside of the cover to the top of the 
terminals and caps.
    (2) Composition and thicknesses of the battery box and cover.
    (3) Provision for securing covers.
    (4) Documentation of flame-resistance of insulating materials and 
cables.
    (5) Number, type, and rating of the battery cells.

[[Page 22]]

    (6) Diagram of battery connections between cells and between battery 
boxes, except when connections between battery boxes are a part of the 
machine's electrical system.
    (7) Total weight of the battery, charged and ready for service.
    (8) Documentation of materials and configurations for battery cells, 
intercell connectors, filler caps, and battery top:
    (i) If nonmetallic cover designs are used with cover support blocks; 
or
    (ii) If the cover comes into contact with any portion of the cells, 
caps, filler material, battery top, or intercell connectors during the 
impact test specified by Sec. 7.46.
    (b) All drawings shall be titled, dated, numbered, and include the 
latest revision number.

[53 FR 23500, June 22, 1988, as amended at 60 FR 33723, June 29, 1995]



Sec. 7.44  Technical requirements.

    (a)(1) Battery boxes and covers constructed of AISI 1010 hot rolled 
steel shall have the following minimum thicknesses based on the total 
weight of a unit of the battery assembly charged and ready for service:

------------------------------------------------------------------------
          Weight of battery unit             Minimum required thickness
------------------------------------------------------------------------
1,000 lbs. maximum........................  10 gauge or \1/8\
                                             nominal
1,001 to 2,000 lbs........................  7 gauge or \3/16\
                                             nominal
2,001 to 4,500 lbs........................  3 gauge or \1/4\
                                             nominal
Over 4,500 lbs............................  0 gauge or \5/16\
                                             nominal
------------------------------------------------------------------------

    (2) Battery boxes not constructed of AISI 1010 hot rolled steel 
shall have at least the tensile strength and impact resistance of 
battery boxes for the same weight class, as listed in paragraph (a)(1) 
of this section.
    (3) Battery box covers constructed of materials with less than the 
tensile strength and impact resistance of AISI 1010 hot rolled steel or 
constructed of nonmetallic materials shall meet the acceptable 
performance criteria for the impact test in Sec. 7.46. Nonmetallic 
covers shall be used only in the battery assembly configuration in which 
they pass the impact test.
    (4) Nonmetallic materials for boxes and covers shall--
    (i) Be accepted by MSHA as flame-resistant material under part 18 of 
this chapter; and
    (ii) Meet the acceptable performance criteria for the deflection 
temperature test in Sec. 7.47.
    (b) All insulating material shall have a minimum resistance of 100 
megohms at 500 volts d.c. and be accepted by MSHA as flame resistant 
under part 18 of this chapter.
    (c) Battery box and cover insulating material shall meet the 
acceptable performance criteria for the acid resistance test in Sec. 
7.48.
    (d) Covers shall be lined with insulating material permanently 
attached to the underside of the cover, unless the cover is constructed 
of insulating material.
    (e) Covers, including those used over connector receptacle housings, 
shall be provided with a means of securing them in a closed position.
    (f) Battery boxes shall be provided with vent openings to prevent 
the accumulation of flammable or toxic gases or vapors within the 
battery assembly. The size and location of openings shall prevent direct 
access to cell terminals and other uninsulated current carrying parts. 
The total minimum unobstructed cross-sectional area of the ventilation 
openings shall be no less than the value determined by the following 
formula:
[GRAPHIC] [TIFF OMITTED] TC15NO91.011

N = Number of cells in battery box.
R = Rated 6 hour battery capacity in ampere hours.
M = Total minimum ventilation area in square inches per battery box.

    (g) Battery boxes shall have drainage holes to prevent accumulation 
of water or electrolyte.
    (h) Battery cells shall be insulated from the battery box walls, 
partitions and bottom by insulating material, unless such part of the 
battery box is constructed of insulating material. Battery box wall 
insulating material shall extend to the top of the wall.
    (i) Cell terminals shall be burned on, except that bolted connectors 
using two or more bolts may be used on end terminals.
    (j) Battery connections shall be designed so that total battery 
potential is not available between adjacent cells.

[[Page 23]]

    (k) Cables within a battery box shall be accepted by MSHA as flame 
resistant under part 18 of this chapter or approved under subpart K of 
this part. The cables shall be protected against abrasion by insulation, 
location, clamping, or other effective means.
    (l) When the battery plug and receptacle are not located on or 
within the battery box, strain on the battery terminals shall be 
prevented by a strain-relief device on the cable. Insulating material 
shall be placed between the strain-relief device and cable, unless the 
device is constructed of insulating material.
    (m) At least a \1/2\-inch air space shall be provided between the 
underside of the battery cover and the top of the battery, including the 
terminals and connectors.

[53 FR 23500, June 22, 1988, as amended at 57 FR 61220, Dec. 23, 1992]



Sec. 7.45  Critical characteristics

    The following critical characteristics shall be inspected or tested 
on each battery assembly to which an approval marking is affixed:
    (a) Thickness of covers and boxes.
    (b) Application and resistance of insulating material.
    (c) Size and location of ventilation openings.
    (d) Method of cell terminations.
    (e) Strain relief devices for cables leaving boxes.
    (f) Type, location, and physical protection of cables.



Sec. 7.46  Impact test.

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

[53 FR 23500, June 22, 1988, as amended at 60 FR 33723, June 29, 1995]



Sec. 7.47  Deflection temperature test.

    (a) Test procedures. (1) Prepare two samples for testing that 
measure 5 inches by \1/2\ inch, by the thickness of the material as it 
will be used. Prior to testing, condition the samples at 73.4 3.6 [deg]F (232 [deg]C) and 
505% relative humidity for at least 40 hours.
    (2) Place a sample on supports which are 4 inches apart and immersed 
in a heat transfer medium at a test temperature range of 65 [deg]F-80 
[deg]F (18.3 [deg]C-26.7 [deg]C). The heat transfer medium must be a 
liquid which will not chemically affect the sample. The testing 
apparatus must be constructed so that expansion of any components during 
heating of the medium does not result in deflection of the sample.
    (3) Place a temperature measuring device with an accuracy of 1% into 
the heat transfer medium within \1/8\ inch of, but not touching, the 
sample.
    (4) Apply a total load, in pounds, numerically equivalent to 11 
times the thickness of the sample, in inches, to the sample midway 
between the supports using a \1/8\ inch radius, rounded contact. The 
total load includes that weight used to apply the load and any

[[Page 24]]

force exerted by the deflection measurement device.
    (5) Use a deflection measuring device with an accuracy of .001 inches to measure the deflection of the sample at 
the point of loading as the temperature of the medium is increased at a 
uniform rate of 3.6.36 [deg]F/min. (20.2 [deg]C/min.). Apply the load to the sample for 5 
minutes prior to heating, to allow compensation for creep in the sample 
due to the loading.
    (6) Record the deflection of the sample due to heating at 180 [deg]F 
(82 [deg]C).
    (7) Repeat steps 2 through 6 for the other sample.
    (b) Acceptable performance. Neither sample shall have a deflection 
greater than .010 inch at 180 [deg]F (82 [deg]C).

[53 FR 23500, June 22, 1988; 53 FR 25569, July 7, 1988; 60 FR 33723, 
June 29, 1995]



Sec. 7.48  Acid resistance test.

    (a) Test procedures. (1) Prepare one sample each of the insulated 
surfaces of the battery box and of the cover that measure at least 4 
inches by 8 inches, by the thickness of the sample which includes the 
insulation plus the battery cover or box material. The insulation 
thickness shall be representative of that used on the battery box and 
cover. If the insulation material and thickness of material are 
identical for the battery box and cover, only one sample need be 
prepared and tested.
    (2) Prepare a 30 percent solution of sulfuric acid (H2 
SO4) by mixing 853 ml of water with 199 ml of sulfuric acid 
(H2 SO4) with a specific gravity of 1.84. 
Completely cover the samples with the acid solution at the test 
temperature range of 65 [deg]F-80 [deg]F (18.3 [deg]C-26.7 [deg]C) and 
maintain these conditions for 7 days.
    (3) After 7 days, record the condition of the samples.
    (b) Acceptable performance. At the end of the test, the insulation 
shall not exhibit any blistering, discoloration, cracking, swelling, 
tackiness, rubberiness, or loss of bond.

[53 FR 23500, June 22, 1988, as amended at 60 FR 33723, June 29, 1995]



Sec. 7.49  Approval marking.

    Each approved battery assembly shall be identified by a legible and 
permanent approval plate inscribed with the assigned MSHA approval 
number and securely attached to the battery box.



Sec. 7.50  Post-approval product audit.

    Upon request by MSHA, but no more than once a year except for cause, 
the approval-holder shall make an approved battery assembly available 
for audit at no cost to MSHA.



Sec. 7.51  Approval checklist.

    Each battery assembly bearing an MSHA approval plate shall be 
accompanied by a description of what is necessary to maintain the 
battery assembly as approved.

[53 FR 23500, June 22, 1988, as amended at 60 FR 33723, June 29, 1995]



Sec. 7.52  New technology.

    MSHA may approve a battery assembly that incorporates technology for 
which the requirements of this subpart are not applicable, if the Agency 
determines that the battery assembly is as safe as those which meet the 
requirements of this subpart.



                 Subpart D_Multiple-Shot Blasting Units

    Source: 54 FR 48210, Nov. 21, 1989, unless otherwise noted.



Sec. 7.61  Purpose and effective date.

    This subpart establishes the specific requirements for MSHA approval 
of multiple-shot blasting units. It is effective January 22, 1990. 
Applications for approval or extensions of approval submitted after 
January 22, 1991 shall meet the requirements of this subpart.



Sec. 7.62  Definitions.

    The following definitions apply in this subpart:
    Blasting circuit. A circuit that includes one or more electric 
detonators connected in a single series and the firing cable used to 
connect the detonators to the blasting unit.
    Blasting unit. An electric device used to initiate electric 
detonators.
    Normal operation. Operation of the unit according to the 
manufacturer's

[[Page 25]]

instructions with fully-charged batteries, with electric components at 
any value within their specified tolerances, and with adjustable 
electric components set to any value within their range.



Sec. 7.63  Application requirements.

    (a) Each application for approval of a blasting unit shall include 
the following:
    (1) An overall assembly drawing showing the physical construction of 
the blasting unit.
    (2) A schematic diagram of the electric circuit.
    (3) A parts list specifying each electric component and its 
electrical ratings, including tolerances.
    (4) A layout drawing showing the location of each component and 
wiring.
    (5) The model number or other manufacturer's designation of the 
blasting unit.
    (b) All drawings shall be titled, numbered, dated, and include the 
latest revision number. The drawings may be combined into one or more 
composite drawings.
    (c) The application shall contain a list of all the drawings 
submitted, including drawing titles, numbers, and revisions.
    (d) A detailed technical description of the operation and use of the 
blasting unit shall be submitted with the application.

[54 FR 48210, Nov. 21, 1989, as amended at 60 FR 33723, June 29, 1995]



Sec. 7.64  Technical requirements.

    (a) Energy output. Blasting units shall meet the acceptable 
performance criteria of the output energy test in Sec. 7.66.
    (b) Maximum blasting circuit resistance. The maximum value of the 
resistance of the blasting circuit that can be connected to the firing 
line terminals of the blasting unit, without exceeding its capacity, 
shall be specified by the applicant. The specified maximum blasting 
circuit resistance shall be at least 150 ohms.
    (c) Visual indicator. The blasting unit shall provide a visual 
indication to the user prior to the operation of the firing switch when 
the voltage necessary to produce the required firing current is 
attained.
    (d) Firing switch. The switch used to initiate the application of 
energy to the blasting circuit shall--
    (1) Require deliberate action for its operation to prevent 
accidental firing; and
    (2) Operate only when the voltage necessary to produce the required 
firing current is available to the blasting circuit.
    (e) Firing line terminals. The terminals used to connect the 
blasting circuit to the blasting unit shall--
    (1) Provide a secure, low-resistance connection to the blasting 
circuit as demonstrated by the firing line terminals test in Sec. 7.68;
    (2) Be corrosion-resistant;
    (3) Be insulated to protect the user from electrical shock; and
    (4) Be separated from each other by an insulated barrier.
    (f) Ratings of electric components. No electric component of the 
blasting unit, other than batteries, shall be operated at more than 90 
percent of any of its electrical ratings in the normal operation of the 
blasting unit.
    (g) Non-incendive electric contacts. In the normal operation of a 
blasting unit, the electric energy discharged by making and breaking 
electric contacts shall not be capable of igniting a methane-air 
atmosphere, as determined by the following:
    (1) The electric current through an electric contact shall not be 
greater than that determined from Figure D-1.
    (2) The maximum voltage that can be applied across an electric 
contact that discharges a capacitor shall not be greater than that 
determined from Figure D-2.
    (3) The electric current through an electric contact that interrupts 
a circuit containing inductive components shall not be greater than that 
determined from Figure D-3. Inductive components include inductors, 
chokes, relay coils, motors, transformers, and similar electric 
components that have an inductance greater than 100 microhenries. No 
inductive component in a circuit with making and breaking electric 
contacts shall have an inductance value greater than 100 millihenries.

[[Page 26]]

[GRAPHIC] [TIFF OMITTED] TC22OC91.001


[[Page 27]]


[GRAPHIC] [TIFF OMITTED] TC22OC91.002


[[Page 28]]


[GRAPHIC] [TIFF OMITTED] TC22OC91.003

    (h) Maximum temperature. In the normal operation of the blasting 
unit, the maximum temperature of any electric component shall not exceed 
302 [deg]F (150 [deg]C).
    (i) Capacitor discharge. The blasting unit shall include an 
automatic means

[[Page 29]]

to dissipate any electric charge remaining in any capacitor after the 
blasting unit is deenergized and not in use.
    (j) Construction. Blasting units shall meet the acceptable 
performance criteria of the construction test of Sec. 7.67.
    (k) Locking device. The blasting unit shall be equipped with a 
locking device to prevent unauthorized use.
    (l) Enclosure. The blasting unit enclosure shall be protected 
against tampering by--
    (1) Sealing the enclosure, except the battery compartment, using 
continuous welding, brazing, soldering, or equivalent methods; or
    (2) Sealing the electric components, other than batteries, in a 
solidified insulating material and assembling the enclosure with tamper-
resistant hardware.
    (m) Battery charging. Blasting units that contain rechargeable 
batteries shall have the following:
    (1) A blocking diode, or equivalent device, in series with the 
battery to prevent electric energy in the battery from being available 
at the charging connector.
    (2) The charging connector recessed into the enclosure.



Sec. 7.65  Critical characteristics.

    The following critical characteristics shall be inspected or tested 
on each blasting unit to which an approval marking is affixed:
    (a) The output current.
    (b) The voltage cut-off time.
    (c) The components that control voltage and current through each 
making and breaking electric contact.
    (d) Operation of the visual indicator and the firing switch.



Sec. 7.66  Output energy test.

    (a) Test procedures. The blasting unit shall be tested by firing 
into each of the following resistive loads, within a tolerance of 1%:
    (1) The maximum blasting circuit resistance.
    (2) Any resistive load between 3 ohms and the maximum blasting 
circuit resistance.
    (3) One ohm.
    (b) Acceptable performance. (1) The voltage shall be zero at the 
firing line terminals 10 milliseconds after operation of the firing 
switch.
    (2) The electric current from the blasting unit shall be:
    (i) Less than 50 milliamperes except during firing of the blasting 
unit.
    (ii) Available only through the firing line terminals.
    (iii) At least an average of 2 amperes during the first 5 
milliseconds following operation of the firing switch.
    (iv) Not exceed an average of 100 amperes during the first 10 
milliseconds following operation of the firing switch.



Sec. 7.67  Construction test.

    The constuction test is to be performed on the blasting unit 
subsequent to the output energy test of Sec. 7.66.
    (a) Test procedures. (1) The blasting unit shall be dropped 20 times 
from a height of 3 feet onto a horizontal concrete floor. When dropped, 
the orientation of the blasting unit shall be varied each time in an 
attempt to have a different surface, corner, or edge strike the floor 
first for each drop.
    (2) After the blasting unit has been drop tested in accordance with 
paragraph (a)(1) above, it shall be submerged in 1 foot of water for 1 
hour in each of 3 tests. The water temperature shall be maintained 
within  5 [deg]F (2.8 
[deg]C) of 40 [deg]F (4.4 [deg]C), 70 [deg]F (21.1 [deg]C) and 100 
[deg]F (37.8 [deg]C) during the tests.
    (3) Immediately after removing the blasting unit from the water at 
each temperature, the unit shall be operated first with the firing line 
terminals open circuited, then operated again with the firing line 
terminals short circuited, and last, the output energy tested in 
accordance with the output energy test of Sec. 7.66.
    (b) Acceptable performance. (1) The blasting unit shall meet the 
acceptable performance criteria of the output energy test in Sec. 7.66 
each time it is performed.
    (2) There shall be no damage to the firing line terminals that 
exposes an electric conductor.
    (3) The visual indicator shall be operational.
    (4) The batteries shall not be separated from the blasting unit.

[[Page 30]]

    (5) There shall be no water inside the blasting unit enclosure, 
except for the battery compartment.



Sec. 7.68  Firing line terminals test.

    (a) Test procedures. (1) The contact resistance through each firing 
line terminal shall be determined.
    (2) A 10-pound pull shall be applied to a No. 18 gauge wire that has 
been connected to each firing line terminal according to the 
manufacturer's instructions.
    (b) Acceptable performance. (1) The contact resistance shall not be 
greater than 1 ohm.
    (2) The No. 18 gauge wire shall not become disconnected from either 
firing line terminal.



Sec. 7.69  Approval marking.

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



Sec. 7.70  Post-approval product audit.

    Upon request by MSHA, but not more than once a year except for 
cause, the approval holder shall make an approved blasting unit 
available for audit at no cost to MSHA.



Sec. 7.71  Approval checklist.

    Each blasting unit bearing an MSHA approval marking shall be 
accompanied by a description of what is necessary to maintain the 
blasting unit as approved.

[54 FR 48210, Nov. 21, 1989, as amended at 60 FR 33723, June 29, 1995]



Sec. 7.72  New technology.

    MSHA may approve a blasting unit that incorporates technology for 
which the requirements of this subpart are not applicable if the Agency 
determines that the blasting unit is as safe as those which meet the 
requirements of this subpart.



   Subpart E_Diesel Engines Intended for Use in Underground Coal Mines

    Source: 61 FR 55504, Oct. 25, 1996, unless otherwise noted.



Sec. 7.81  Purpose and effective date.

    Subpart A general provisions of this part apply to this subpart E. 
Subpart E establishes the specific engine performance and exhaust 
emission requirements for MSHA approval of diesel engines for use in 
areas of underground coal mines where permissible electric equipment is 
required and areas where non-permissible electric equipment is allowed. 
It is effective November 25, 1996.



Sec. 7.82  Definitions.

    In addition to subpart A definitions of this part, the following 
definitions apply in this subpart.
    Brake Power. The observed power measured at the crankshaft or its 
equivalent when the engine is equipped only with standard auxiliaries 
necessary for its operation on the test bed.
    Category A engines. Diesel engines intended for use in areas of 
underground coal mines where permissible electric equipment is required.
    Category B engines. Diesel engines intended for use in areas of 
underground coal mines where nonpermissible electric equipment is 
allowed.

[[Page 31]]

    Corrosion-resistant material. Material that has at least the 
corrosion-resistant properties of type 304 stainless steel.
    Diesel engine. Any compression ignition internal combustion engine 
using the basic diesel cycle where combustion results from the spraying 
of fuel into air heated by compression.
    Exhaust emission. Any substance emitted to the atmosphere from the 
exhaust port of the combustion chamber of a diesel engine.
    Intermediate speed. Maximum torque speed if it occurs between 60 
percent and 75 percent of rated speed. If the maximum torque speed is 
less than 60 percent of rated speed, then the intermediate speed shall 
be 60 percent of the rated speed. If the maximum torque speed is greater 
than 75 percent of the rated speed, then the intermediate speed shall be 
75 percent of rated speed.
    Low idle speed. The minimum no load speed as specified by the engine 
manufacturer.
    Maximum torque speed. The speed at which an engine develops maximum 
torque.
    Operational range. All speed and load (including percent loads) 
combinations from the rated speed to the minimum permitted engine speed 
at full load as specified by the engine manufacturer.
    Particulates. Any material collected on a specified filter medium 
after diluting exhaust gases with clean, filtered air at a temperature 
of less than or equal to 125 [deg]F (52 [deg]C), as measured at a point 
immediately upstream of the primary filter. This is primarily carbon, 
condensed hydrocarbons, sulfates, and associated water.
    Percent load. The fraction of the maximum available torque at an 
engine speed.
    Rated horsepower. The nominal brake power output of a diesel engine 
as specified by the engine manufacturer with a specified production 
tolerance. For laboratory test purposes, the fuel pump calibration for 
the rated horsepower must be set between the nominal and the maximum 
fuel tolerance specification.
    Rated speed. Speed at which the rated power is delivered, as 
specified by the engine manufacturer.
    Steady-state condition. Diesel engine operating condition which is 
at a constant speed and load and at stabilized temperatures and 
pressures.
    Total oxides of nitrogen. The sum total of the measured parts per 
millions (ppm) of nitric oxide (NO) plus the measured ppm of nitrogen 
dioxide (NO2).



Sec. 7.83  Application requirements.

    (a) An application for approval of a diesel engine shall contain 
sufficient information to document compliance with the technical 
requirements of this subpart and specify whether the application is for 
a category A engine or category B engine.
    (b) The application shall include the following engine 
specifications--
    (1) Model number;
    (2) Number of cylinders, cylinder bore diameter, piston stroke, 
engine displacement;
    (3) Maximum recommended air inlet restriction and exhaust 
backpressure;
    (4) Rated speed(s), rated horsepower(s) at rated speed(s), maximum 
torque speed, maximum rated torque, high idle, minimum permitted engine 
speed at full load, low idle;
    (5) Fuel consumption at rated horsepower(s) and at the maximum rated 
torque;
    (6) Fuel injection timing; and
    (7) Performance specifications of turbocharger, if applicable.
    (c) The application shall include dimensional drawings (including 
tolerances) of the following components specifying all details affecting 
the technical requirements of this subpart. Composite drawings 
specifying the required construction details may be submitted instead of 
individual drawings of the following components--
    (1) Cylinder head;
    (2) Piston;
    (3) Inlet valve;
    (4) Exhaust valve;
    (5) Cam shaft--profile;
    (6) Fuel cam shaft, if applicable;
    (7) Injector body;
    (8) Injector nozzle;
    (9) Injection fuel pump;
    (10) Governor;
    (11) Turbocharger, if applicable;
    (12) Aftercooler, if applicable;
    (13) Valve guide;

[[Page 32]]

    (14) Cylinder head gasket; and
    (15) Precombustion chamber, if applicable.
    (d) The application shall include a drawing showing the general 
arrangement of the engine.
    (e) All drawings shall be titled, dated, numbered, and include the 
latest revision number.
    (f) When all necessary testing has been completed, the following 
information shall be submitted:
    (1) The gaseous ventilation rate for the rated speed and horsepower.
    (2) The particulate index for the rated speed and horsepower.
    (3) A fuel deration chart for altitudes for each rated speed and 
horsepower.



Sec. 7.84  Technical requirements.

    (a) Fuel injection adjustment. The fuel injection system of the 
engine shall be constructed so that the quantity of fuel injected can be 
controlled at a desired maximum value. This adjustment shall be 
changeable only after breaking a seal or by altering the design.
    (b) Maximum fuel-air ratio. At the maximum fuel-air ratio determined 
by Sec. 7.87 of this part, the concentrations (by volume, dry basis) of 
carbon monoxide (CO) and oxides of nitrogen (NOX) in the 
undiluted exhaust gas shall not exceed the following:
    (1) There shall be no more than 0.30 percent CO and no more than 
0.20 percent NOX for category A engines.
    (2) There shall be no more than 0.25 percent CO and no more than 
0.20 percent NOX for category B engines.
    (c) Gaseous emissions ventilation rate. Ventilation rates necessary 
to dilute gaseous exhaust emissions to the following values shall be 
determined under Sec. 7.88 of this part:

Carbon dioxide.........................  -5000 ppm
Carbon monoxide........................  -50 ppm
Nitric oxide...........................  -25 ppm
Nitrogen dioxide.......................  -5 ppm
 


A gaseous ventilation rate shall be determined for each requested speed 
and horsepower rating as described in Sec. 7.88(b) of this part.
    (d) Fuel deration. The fuel rates specified in the fuel deration 
chart shall be based on the tests conducted under paragraphs (b) and (c) 
of this section and shall ensure that the maximum fuel:air (f/a) ratio 
determined under paragraph (b) of this section is not exceeded at the 
altitudes specified in the fuel deration chart.
    (e) Particulate index. For each rated speed and horsepower 
requested, the particulate index necessary to dilute the exhaust 
particulate emissions to 1 mg/m3 shall be determined under 
Sec. 7.89 of this part.



Sec. 7.85  Critical characteristics.

    The following critical characteristics shall be inspected or tested 
on each diesel engine to which an approval marking is affixed--
    (a) Fuel rate is set properly; and
    (b) Fuel injection pump adjustment is sealed, if applicable.



Sec. 7.86  Test equipment and specifications.

    (a) Dynamometer test cell shall be used in determining the maximum 
f/a ratio, gaseous ventilation rates, and the particulate index.
    (1) The following testing devices shall be provided:
    (i) An apparatus for measuring torque that provides an accuracy of 
2.0 percent based on the engine's maximum value;
    (ii) An apparatus for measuring revolutions per minute (rpm) that 
provides an accuracy of 2.0 percent based on the 
engine's maximum value;
    (iii) An apparatus for measuring temperature that provides an 
accuracy of 4 [deg]F (2 [deg]C) of the absolute 
value except for the exhaust gas temperature device that provides an 
accuracy of 27 [deg]F (15 [deg]C);
    (iv) An apparatus for measuring intake and exhaust restriction 
pressures that provides an accuracy of 5 percent 
of maximum;
    (v) An apparatus for measuring atmospheric pressure that provides an 
accuracy of 0.5 percent of reading;
    (vi) An apparatus for measuring fuel flow that provides an accuracy 
of 2 percent based on the engine's maximum value;
    (vii) An apparatus for measuring the inlet air flow rate of the 
diesel engine that provides an accuracy of 2 
percent based on the engine's maximum value; and
    (viii) For testing category A engines, an apparatus for metering in 
1.0 0.1

[[Page 33]]

percent, by volume, of methane (CH4) into the intake air 
system shall be provided.
    (2) The test fuel specified in Table E-1 shall be a low volatile 
hydrocarbon fuel commercially designated as ``Type 2-D'' grade diesel 
fuel. The fuel may contain nonmetallic additives as follows: Cetane 
improver, metal deactivator, antioxidant, dehazer, antirust, pour 
depressant, dye, dispersant, and biocide.

               Table E-1--Diesel Test Fuel Specifications
------------------------------------------------------------------------
              Item                     ASTM              Type 2-D
------------------------------------------------------------------------
Cetane number..................  D613             40-48.
Cetane index...................  D976             40-48.
Distillation range:
    IBP [deg]F.................  D86              340-400.
        ([deg]C)...............  ...............  (171.1-204.4).
    10 pct. point, [deg]F......  D86              400-460.
        ([deg]C)...............  ...............  (204.4-237.8).
    50 pct. point, [deg]F......  D86              470.540.
        ([deg]C)...............  ...............  (243.3-282.2).
    90 pct. point, [deg]F......  D86              560-630.
        ([deg]C)...............  ...............  (293.3-332.2).
    EP, [deg]F.................  D86              610-690.
        ([deg]C)...............  ...............  (321.1-365.6).
Gravity,[deg]API...............  D287             32-37.
Total sulfur, pct..............  D2622            0.03-0.05.
Hydrocarbon composition:
    Aromatics, pct.............  D1319            27 minimum.
    Paraffins, naphthenes,       D1319            Remainder.
     olefins.
Flashpoint, minimum, [deg]F....  93               130.
    ([deg]C)...................  ...............  (54.4).
Viscosity, centistokes.........  445              2.0-3.2.
------------------------------------------------------------------------

    (3) The test fuel temperature at the inlet to the diesel engine's 
fuel injection pump shall be controlled to the engine manufacturer's 
specification.
    (4) The engine coolant temperature (if applicable) shall be 
maintained at normal operating temperatures as specified by the engine 
manufacturer.
    (5) The charge air temperature and cooler pressure drop (if 
applicable) shall be set to within 7 [deg]F(4 
[deg]C) and 0.59 inches Hg (2kPa) respectively, of 
the manufacturer's specification.
    (b) Gaseous emission sampling system shall be used in determining 
the gaseous ventilation rates.
    (1) The schematic of the gaseous sampling system shown in Figure E-1 
shall be used for testing category A engines. Various configurations of 
Figure E-1 may produce equivalent results. The components in Figure E-1 
are designated as follows--
    (i) Filters--F1, F2, F3, and F4;
    (ii) Flowmeters--FL1, FL2, FL3, FL4, FL5, FL6, and FL7;
    (iii) Upstream Gauges--G1, G2, and G5;
    (iv) Downstream Gauges--G3, G4, and G6;
    (v) Pressure Gauges--P1, P2, P3, P4, P5, and P6;
    (vi) Regulators--R1, R2, R3, R4, R5, R6, and R7;
    (vii) Selector Valves--V1, V2, V3, V4, V6, V7, V8, V15, and V19;
    (viii) Heated Selector Valves--V5, V13, V16, and V17;
    (ix) Flow Control Valves--V9, V10, V11 and V12;
    (x) Heated Flow Control Valves--V14 and V18;
    (xi) Pump--Sample Transfer Pump;
    (xii) Temperature Sensor--(T1);
    (xiii) Dryer--D1 and D2; and
    (xiv) Water traps--WT1 and WT2.
    (A) Water removal from the sample shall be done by condensation.
    (B) The sample gas temperature or dew point shall be monitored 
either within the water trap or downstream of the water trap and shall 
not exceed 45 [deg]F (7 [deg]C).
    (C) Chemical dryers are not permitted.

[[Page 34]]

[GRAPHIC] [TIFF OMITTED] TR25OC96.000

    (2) The schematic of the gaseous sampling system shown in Figure E-2 
shall be used for testing category B engines. Various configurations of 
Figure E-2 may produce equivalent results. The components are designated 
as follows--
    (i) Filters--F1, F2, F3, and F4;

[[Page 35]]

    (ii) Flowmeters--FL1, FL2, FL3, and FL4;
    (iii) Upstream Gauges--G1, and G2;
    (iv) Downstream Gauges--G3, and G4;
    (v) Pressure Gauges--P1, P2, P3, and P4;
    (vi) Regulators--R1, R2, R3, and R4;
    (vii) Selector Valves--V1, V2, V3, V4, V6, and V7;
    (viii) Heated Selector Valves--V5, V8, and V12;
    (ix) Flow Control Valves--V9, V10, V11;
    (x) Heated Flow Control Valves--V13;
    (xi) Pump--Sample Transfer Pump;
    (xii) Temperature Sensor--(T1); and
    (xiii) Water traps--WT1 and WT2.
    (A) Water removal from the sample shall be done by condensation.
    (B) The sample gas temperature or dew point shall be monitored 
either within the water trap or downstream of the water trap and shall 
not exceed 45 [deg]F (7 [deg]C).
    (C) Chemical dryers are not permitted.
    (3) All components or parts of components that are in contact with 
the sample gas or corrosive calibration gases shall be corrosion-
resistant material.

[[Page 36]]

[GRAPHIC] [TIFF OMITTED] TR25OC96.001

    (4) All analyzers shall obtain the sample to be analyzed from the 
same sample probe.
    (5) CO and CO2 measurements shall be made on a dry basis.

[[Page 37]]

    (6) Calibration or span gases for the NOX measurement 
system shall pass through the NO2 to NO converter.
    (7) A stainless steel sample probe shall be straight, closed-end, 
multi-holed, and shall be placed inside the exhaust pipe.
    (i) The probe length shall be at least 80 percent of the diameter of 
the exhaust pipe.
    (ii) The inside diameter of the sample probe shall not be greater 
than the inside diameter of the sample line.
    (iii) The heated sample line shall have a 0.197 inch (5 mm) minimum 
and a 0.53 inch (13.5 mm) maximum inside diameter.
    (iv) The wall thickness of the probe shall not be greater than 0.040 
inch (1 mm).
    (v) There shall be a minimum of 3 holes in 3 different radial planes 
sized to sample approximately the same flow.
    (8) The sample probe shall be located in the exhaust pipe at a 
minimum distance of 1.6 feet (0.5 meters) or 3 times the diameter of the 
exhaust pipe, whichever is the larger, from the exhaust manifold outlet 
flange or the outlet of the turbocharger. The exhaust gas temperature at 
the sample probe shall be a minimum of 158 [deg]F (70 [deg]C).
    (9) The maximum allowable leakage rate on the vacuum side of the 
analyzer pump shall be 0.5 percent of the in-use flow rate for the 
portion of the system being checked.
    (10) General analyzer specifications. (i) The total measurement 
error, including the cross sensitivity to other gases, (paragraphs 
(b)(11)(ii), (b)(12)(iii), (b)(13)(iii), and (b)(13)(iv) of this 
section), shall not exceed 5 percent of the 
reading or 3.5 percent of full scale, whichever is 
smaller. For concentrations of less than 100 ppm the measurement error 
shall not exceed 4 ppm.
    (ii) The repeatability, defined as 2.5 times the standard deviation 
of 10 repetitive responses to a given calibration or span gas, must be 
no greater than 1 percent of full scale 
concentration for each range used above 155 parts per million (ppm) or 
parts per million equivalent carbon (ppmC) or 2 
percent of each range used below 155 ppm (or ppmC).
    (iii) The analyzer peak to peak response to zero and calibration or 
span gases over any 10 second period shall not exceed 2 percent of full 
scale on all ranges used.
    (iv) The analyzer zero drift during a 1-hour period shall be less 
than 2 percent of full scale on the lowest range used. The zero-response 
is the mean response, including noise, to a zero gas during a 30-second 
time interval.
    (v) The analyzer span drift during a 1-hour period shall be less 
than 2 percent of full scale on the lowest range used. The analyzer span 
is defined as the difference between the span response and the zero 
response. The span response is the mean response, including noise, to a 
span gas during a 30-second time interval.
    (11) CO and CO2 analyzer specifications. (i) Measurements 
shall be made with nondispersive infrared (NDIR) analyzers.
    (ii) For the CO analyzer, the water and CO2 interference 
shall be less than 1 percent of full scale for ranges equal to or 
greater than 300 ppm (3 ppm for ranges below 300 ppm) when a 
CO2 span gas concentration of 80 percent to 100 percent of 
full scale of the maximum operating range used during testing is bubbled 
through water at room temperature.
    (12) For NOX analysis using a chemiluminescence (CL) 
analyzer the following parameters shall apply:
    (i) From the sample point to the NO2 to NO converter, the 
NOX sample shall be maintained between 131 [deg]F (55 [deg]C) 
and 392 [deg]F (200 [deg]C).
    (ii) The NO2 to NO converter efficiency shall be at least 
90 percent.
    (iii) The quench interference from CO2 and water vapor 
must be less than 3.0 percent.
    (13) For NOX analysis using an NDIR analyzer system the 
following parameters shall apply:
    (i) The system shall include a NO2 to NO converter, a 
water trap, and a NDIR analyzer.
    (ii) From the sample point to the NO2 to NO converter, 
the NOX sample shall be maintained between 131 [deg]F (55 
[deg]C) and 392 [deg]F (200 [deg]C).
    (iii) The minimum water rejection ratio (maximum water interference)

[[Page 38]]

for the NOX NDIR analyzer shall be 5,000:1.
    (iv) The minimum CO2 rejection ratio (maximum 
CO2 interference) for the NOX NDIR analyzer shall 
be 30,000:1.
    (14) When CH4 is measured using a heated flame ionization 
detector (HFID) the following shall apply:
    (i) The analyzer shall be equipped with a constant temperature oven 
that houses the detector and sample-handling components.
    (ii) The detector, oven, and sample-handling components shall be 
suitable for continuous operation at temperatures of 374 [deg]F (190 
[deg]C)  18 [deg]F (10 [deg]C).
    (iii) The analyzer fuel shall contain 40  2 
percent hydrogen. The balance shall be helium. The mixture shall contain 
<= 1 part per million equivalent carbon (ppmC), and <= 400 ppm CO.
    (iv) The burner air shall contain < 2 ppmC hydrocarbon.
    (v) The percent of oxygen interference shall be less than 5 percent.
    (15) An NDIR analyzer for measuring CH4 may be used in 
place of the HFID specified in paragraph (b)(14) of this section and 
shall conform to the requirements of paragraph (b)(10) of this section. 
Methane measurements shall be made on a dry basis.
    (16) Calibration gas values shall be traceable to the National 
Institute for Standards and Testing (NIST), ``Standard Reference 
Materials'' (SRM's). The analytical accuracy of the calibration gas 
values shall be within 2.0 percent of NIST gas standards.
    (17) Span gas values shall be traceable to NIST SRM's. The 
analytical accuracy of the span gas values shall be within 2.0 percent 
of NIST gas standards.
    (18) Calibration or span gases for the CO and CO2 
analyzers shall have purified nitrogen as a diluent. Calibration or span 
gases for the CH4 analyzer shall be CH4 with 
purified synthetic air or purified nitrogen as diluent.
    (19) Calibration or span gases for the NOX analyzer shall 
be NO with a maximum NO2 concentration of 5 percent of the NO 
content. Purified nitrogen shall be the diluent.
    (20) Zero-grade gases for the CO, CO2, CH4, 
and NOX analyzers shall be either purified synthetic air or 
purified nitrogen.
    (21) The allowable zero-grade gas (purified synthetic air or 
purified nitrogen) impurity concentrations shall not exceed <= 1ppm C, 
<= 1 ppm CO, <= 400 ppm CO2, and <= 0.1 ppm NO.
    (22) The calibration and span gases may also be obtained by means of 
a gas divider. The accuracy of the mixing device must be such that the 
concentration of the diluted calibration gases are within 2 percent.
    (c) Particulate sampling system shall be used in determining the 
particulate index. A schematic of a full flow (single dilution) 
particulate sampling system for testing under this subpart is shown in 
Figures E-3 and E-4.
    (1) The dilution system shall meet the following parameters:
    (i) Either a positive displacement pump (PDP) or a critical flow 
venturi (CFV) shall be used as the pump/mass measurement device shown in 
Figure E-3.
    (ii) The total volume of the mixture of exhaust and dilution air 
shall be measured.
    (iii) All parts of the system from the exhaust pipe up to the filter 
holder, which are in contact with raw and diluted exhaust gas, shall be 
designed to minimize deposition or alteration of the particulate.
    (iv) All parts shall be made of electrically conductive materials 
that do not react with exhaust gas components.
    (v) All parts shall be electrically grounded to prevent 
electrostatic effects.
    (vi) Systems other than full flow systems may also be used provided 
they yield equivalent results where:
    (A) A seven sample pair (or larger) correlation study between the 
system under consideration and a full flow dilution system shall be run 
concurrently.
    (B) Correlation testing is to be performed at the same laboratory, 
test cell, and on the same engine.
    (C) The equivalency criterion is defined as a  
5 percent agreement of the sample pair averages.
    (2) The mass of particulate in the exhaust shall be collected by 
filtration. The exhaust temperature immediately

[[Page 39]]

before the primary particulate filter shall not exceed 125 [deg]F (52.0 
[deg]C).
    (3) Exhaust system backpressure shall not be artificially lowered by 
the PDP, CFV systems or dilution air inlet system. Static exhaust 
backpressure measured with the PDP or CFV system operating shall remain 
within  0.44 inches Hg (1.5 kPa) of the static 
pressure measured without being connected to the PDP or CFV at identical 
engine speed and load.
    (4) The gas mixture temperature shall be measured at a point 
immediately ahead of the pump or mass measurement device.
    (i) Using PDP, the gas mixture temperature shall be maintained 
within  10 [deg]F (6.0 [deg]C) of the average 
operating temperature observed during the test, when no flow 
compensation is used.
    (ii) Flow compensation can be used provided that the temperature at 
the inlet to the PDP does not exceed 122 [deg]F (50 [deg]C).
    (iii) Using CFV, the gas mixture temperature shall be maintained 
within  20 [deg]F (11 [deg]C) of the average 
operating temperature observed during the test, when no flow 
compensation is used.
    (5) The heat exchanger shall be of sufficient capacity to maintain 
the temperature within the limits required above and is optional if 
electronic flow compensation is used.
    (6) When the temperature at the inlet of either the PDP or CFV 
exceeds the limits stated in either paragraphs (c)(4)(i) or (c)(4)(iii) 
of this section, an electronic flow compensation system shall be 
required for continuous measurement of the flow rate and control of the 
proportional sampling in the particulate sampling system.
    (7) The flow capacity of the system shall be large enough to 
eliminate water condensation.

[[Page 40]]

[GRAPHIC] [TIFF OMITTED] TR25OC96.002


[[Page 41]]


[GRAPHIC] [TIFF OMITTED] TR25OC96.003

    (8) The flow capacity of the PDP or CFV system using single dilution 
shall maintain the diluted exhaust at 125 [deg]F (52.0 [deg]C) or less 
immediately before the primary particulate filter.
    (9) The flow capacity of the PDP or CFV system using a double 
dilution

[[Page 42]]

system shall be sufficient to maintain the diluted exhaust in the 
dilution tunnel at 375 [deg]F (191 [deg]C) or less at the sampling zone.
    (10) The secondary dilution system shall provide sufficient 
secondary dilution air to maintain the double-diluted exhaust stream at 
125 [deg]F (52.0 [deg]C) or less immediately before the primary 
particulate filter.
    (11) The gas flow meters or the mass flow measurement 
instrumentation shall have a maximum error of the measured value within 
2 percent of reading.
    (12) The dilution air shall have a temperature of 77 [deg]F9 [deg]F (25 [deg]C5 [deg]C), and 
be--
    (i) Filtered at the air inlet; or
    (ii) Sampled to determine background particulate levels, which can 
then be subtracted from the values measured in the exhaust stream.
    (13) The dilution tunnel shall have the following specifications:
    (i) Be small enough in diameter to cause turbulent flow (Reynolds 
number greater than 4,000) and of sufficient length to cause complete 
mixing of the exhaust and dilution air;
    (ii) Be at least 3 inches (75 mm) in diameter; and
    (iii) Be configured to direct the engine exhaust downstream at the 
point where it is introduced into the dilution tunnel for thorough 
mixing.
    (14) The exhaust pipe length from the exit of the engine exhaust 
manifold or turbocharger outlet to the dilution tunnel shall not exceed 
a total length of 32 feet (10 m).
    (i) When the exhaust pipe exceeds 12 feet (4 m), then all pipe in 
excess of 12 feet (4 m) shall be insulated with a radial thickness of at 
least 1.0 inch (25 mm) and the thermal conductivity of the insulating 
material shall be no greater than 0.1 W/mK measured at 752 [deg]F (400 
[deg]C).
    (ii) To reduce the thermal inertia of the exhaust pipe, the 
thickness to diameter ratio shall be 0.015 or less.
    (iii) The use of flexible sections shall be limited to the length to 
diameter ratio of 12 or less.
    (15) The particulate sample probe shall--
    (i) Be installed in the dilution tunnel facing upstream, on the 
dilution tunnel centerline, and approximately 10 dilution tunnel 
diameters downstream of the point where the engine's exhaust enters the 
dilution tunnel; and
    (ii) Have 0.5 inches (12 mm) minimum inside diameter.
    (16) The inlet gas temperature to the particulate sample pump or 
mass measurement device shall remain a constant temperature of 5 [deg]F (3.0 [deg]C) if flow compensation is not used.
    (17) The secondary dilution portion of the double dilution system 
shall have:
    (i) A particulate transfer tube shall have a 0.5 inch (12 mm) 
minimum inside diameter not to exceed 40 inches (1020 mm) in length 
measured from the probe tip to the secondary dilution tunnel has:
    (A) An inlet with the transfer tube facing upstream in the primary 
dilution tunnel, centerline, and approximately 10 dilution tunnel 
diameters downstream of the point where the engine's exhaust enters the 
dilution tunnel.
    (B) An outlet where the transfer tube exits on the centerline of the 
secondary tunnel and points downstream.
    (ii) A secondary tunnel that has a minimum diameter of 3.0 inches 
(75 mm), and of sufficient length to provide a residence time of at 
least 0.25 seconds for the double-diluted sample.
    (iii) Secondary dilution air supplied at a temperature of 77 [deg]F 
 9 [deg]F(25 [deg]C5 
[deg]C).
    (iv) A primary filter holder located within 12.0 inches (300 mm) of 
the exit of the secondary tunnel.
    (18) The particulate sampling filters shall--
    (i) Be fluorocarbon-coated glass fiber filters or fluorocarbon-based 
(membrane) filters and have a 0.3 [mu]m di-octylphthalate (DOP) 
collection efficiency of at least 95 percent at a gas face velocity 
between 35 and 80 cm/s.;
    (ii) Have a minimum diameter of 1.85 inches (47 mm), 1.46 inches (37 
mm) stain diameter;
    (iii) Have a minimum filter loading ratio of 0.5mg/1075 mm \2\ stain 
area for the single filter method.
    (iv) Have minimum filter loading such that the sum of all eight (8) 
multiple filters is equal to the minimum loading value (mg) for a single 
filter

[[Page 43]]

multiplied by the square root of eight (8).
    (v) Be sampled at the same time by a pair of filters in series (one 
primary and one backup filter) so that:
    (A) The backup filter holder shall be located no more than 4 inches 
(100 mm) downstream of the primary filter holder.
    (B) The primary and backup filters shall not be in contact with each 
other.
    (C) The filters may be weighed separately or as a pair with the 
filters placed stain side to stain side.
    (D) The single filter method incorporates a bypass system for 
passing the sample through the filters at the desired time.
    (vi) Have a pressure drop increase between the beginning and end of 
the test of no more than 7.4 in Hg (25kPa).
    (vii) Filters of identical quality shall be used when performing 
correlation tests specified in paragraph (c)(1)(vi) of this section.
    (19) Weighing chamber specifications. (i) The temperature of the 
chamber (room) in which the particulate filters are conditioned and 
weighed shall be maintained to within 72 [deg]F5 
[deg]F (22 [deg]C3 [deg]C) during all filter 
conditioning and weighing.
    (ii) The humidity of the chamber (room) in which the particulate 
filters are conditioned and weighed shall be maintained to a dewpoint of 
49 [deg]F5 [deg]F (9.5 [deg]C3 [deg]C) and a relative humidity of 45 percent 8 percent during all filter conditioning and weighing.
    (iii) The chamber (room) environment shall be free of any ambient 
contaminants (such as dust) that would settle on the particulate filters 
during their stabilization. This shall be determined as follows:
    (A) At least two unused reference filters or reference filter pairs 
shall be weighed within four (4) hours of, but preferably at the same 
time as the sample filter (pair) weighings.
    (B) The reference filters are to be the same size and material as 
the sample filters.
    (C) If the average weight of reference filters (reference filter 
pairs) changes between sample filter weighings by more than 5.0 percent (7.5 percent for the 
filter pair respectively) of the recommended minimum filter loading in 
paragraphs (c)(18)(iii) or (c)(18)(iv) of this section, then all sample 
filters shall be discarded and the tests repeated.
    (20) The analytical balance used to determine the weights of all 
filters shall have a precision (standard deviation) of 20 [mu]g and 
resolution of 10 [mu]g. For filters less than 70 mm diameter, the 
precision and resolution shall be 2 [mu]g and 1 [mu]g, respectively.
    (21) All filters shall be neutralized to eliminate the effects of 
static electricity prior to weighing.



Sec. 7.87  Test to determine the maximum fuel-air ratio.

    (a) Test procedure. (1) Couple the diesel engine to the dynamometer 
and connect the sampling and measurement devices specified in Sec. 
7.86.
    (2) Prior to testing, zero and span the CO and NOX 
analyzers to the lowest analyzer range that will be used during this 
test.
    (3) While running the engine, the following shall apply:
    (i) The parameter for the laboratory atmospheric factor, 
fa, shall be: 0.98<=fa<=1.02;
    (A) The equation is fa=(99/Ps) * 
((Ta+273)/298)0.7 for a naturally aspirated and 
mechanically supercharged engines; or
    (B) The equation is fa=(99/Ps)0.7* 
((Ta+273)/298) 1.5 for a turbocharged engine with 
or without cooling of the intake air.

Where:

Ps = dry atmospheric pressure (kPa)
Ta = intake air temperature ([deg]C)

    (ii) The air inlet restriction shall be set within 10 percent of the recommended maximum air inlet 
restriction as specified by the engine manufacturer at the engine 
operating condition giving maximum air flow to determine the 
concentration of CO as specified in paragraph (a)(6) of this section.
    (iii) The exhaust backpressure restriction shall be set within 
10 percent of the maximum exhaust backpressure as 
specified by the engine manufacturer at the engine operating condition 
giving maximum rated horsepower to determine the concentrations of CO 
and NOX as specified in paragraph (a)(6)of this section.

[[Page 44]]

    (iv) The air inlet restriction shall be set within 10 percent of a recommended clean air filter at the 
engine operating condition giving maximum air flow as specified by the 
engine manufacturer to determine the concentration of NOX as 
specified in paragraph (a)(6) of this section.
    (4) The engine shall be at a steady-state condition when the exhaust 
gas samples are collected and other test data is measured.
    (5) In a category A engine, 1.00.1 percent 
CH4 shall be injected into the engine's intake air.
    (6) Operate the engine at several speed/torque conditions to 
determine the concentrations of CO and NOX, dry basis, in the 
raw exhaust.
    (b) Acceptable performance. The CO and NOX concentrations 
in the raw exhaust shall not exceed the limits specified in Sec. 
7.84(b) throughout the specified operational range of the engine.



Sec. 7.88  Test to determine the gaseous ventilation rate.

    The test shall be performed in the order listed in Table E-2. The 
test for determination of the particulate index described in Sec. 7.89 
may be done simultaneously with this test.
    (a) Test procedure. (1) Couple the diesel engine to the dynamometer 
and attach the sampling and measurement devices specified in Sec. 7.86.
    (2) A minimum time of 10 minutes is required for each test mode.
    (3) CO, CO2, NOX, and CH4 analyzers 
shall be zeroed and spanned at the analyzer range to be used prior to 
testing.
    (4) Run the engine.
    (i) The parameter for fa shall be calculated in 
accordance with Sec. 7.87(a)(3).
    (ii) The air inlet and exhaust backpressure restrictions on the 
engine shall be set as specified in Sec. Sec. 7.87(a)(3) (iii) and 
(iv).
    (5) The engine shall be at a steady-state condition before starting 
the test modes.
    (i) The output from the gas analyzers shall be measured and recorded 
with exhaust gas flowing through the analyzers a minimum of the last 
three (3) minutes of each mode.
    (ii) To evaluate the gaseous emissions, the last 60 seconds of each 
mode shall be averaged.
    (iii) A 1.00.1 percent CH4, by 
volume, shall be injected into the engine's intake air for category A 
engines.
    (iv) The engine speed and torque shall be measured and recorded at 
each test mode.
    (v) The data required for use in the gaseous ventilation 
calculations specified in paragraph (a)(9) of this section shall be 
measured and recorded at each test mode.
    (6) Operate the engine at each rated speed and horsepower rating 
requested by the applicant according to Table E-2 in order to measure 
the raw exhaust gas concentration, dry basis, of CO, CO2, NO, 
and NO2, and CH4- exhaust (category A engines 
only).
    (i) Test speeds shall be maintained within 1 
percent of rated speed or 3 RPM, which ever is 
greater, except for low idle which shall be within the tolerances 
established by the manufacturer.
    (ii) The specified torque shall be held so that the average over the 
period during which the measurements are taken is within 2 percent of the maximum torque at the test speed.
    (7) The concentration of CH4 in the intake air shall be 
measured for category A engines.

                                          Table E-2--Gaseous Test Modes
----------------------------------------------------------------------------------------------------------------
                      Speed                                 Rated speed             Intermediate speed     Low-
---------------------------------------------------------------------------------------------------------  idle
                                                                                                           speed
                    % Torque                        100     75      50      10      100     75      50   -------
                                                                                                             0
 
----------------------------------------------------------------------------------------------------------------

    (8) After completion of the test modes, the following shall be done:
    (i) Zero and span the analyzers at the ranges used during the test.

[[Page 45]]

    (ii) The gaseous emission test shall be acceptable if the difference 
in the zero and span results taken before the test and after the test 
are less than 2 percent.
    (9) The gaseous ventilation rate for each exhaust gas contaminant 
shall be calculated as follows--
    (i) The following abbreviations shall apply to both category A and 
category B engine calculations as appropriate:

cfm--Cubic feet per min (ft3/min)
Exh--Exhaust
A--Air (lbs/hr)
H--Grains of water per lb. of dry intake air
J--Conversion factor
m--Mass flow rate (mass/hr)
TI--Intake air temperature ([deg]F)
PCAir--Percent Air
PCCH4--Percent CH4 (intake air)
UCH4--Unburned CH4
PCECH4--Percent Exhaust CH4

    (ii) Exhaust gas flow calculation for category B engines shall be (m 
Exh)=(A)+(m fuel).
    (iii) Fuel/air ratio for category B engines shall be (f/a)=(m fuel) 
/ (A).
    (iv) Methane flow through category A engines shall be determined by 
the following:

PCAir=100-PCCH4
Y=(PCAir)(0.289)+(PCCH4)(0.16)
Z=(0.16)(PCCH4)/Y
mCH4=(A)(Z)/(1-Z)

    (v) Exhaust gas flow calculation for category A engines shall be (m 
Exh)=(A)+(m fuel)+(m CH4)
    (vi) Unburned CH4 (lbs/hr) calculation for category A 
engines shall be mUCH4=(m Exh)(0.0052)(PCECH4)
    (vii) Fuel/air ratio for category A engines shall be (f/a)=((m 
fuel)+(m CH4)-(m UCH4))/(A)
    (viii) Conversion from dry to wet basis for both category A and 
category B engines shall be:

(NO wet basis)=(NO dry basis)(J)
(NO2 wet basis)=(NO2 dry basis)(J)
(CO2 wet basis)=(CO2 dry basis)(J)
(CO wet basis)=(CO dry basis)(10-4)(J)

Where:

J=(f/a)(-1.87)+(1-(0.00022)(H))

    (ix) NO and NO2 correction for humidity and temperature 
for category A and category B engines shall be:

(NO corr)=(NO wet basis)/(E)
(NO2 corr)=(NO2 wet basis)/(E)

Where:

E=1.0+(R)(H-75)+(G)(TI-77)
R=(f/a)(0.044)-(0.0038)
G=(f/a)(-0.116)+(0.0053)

    (x) The calculations to determine the m of each exhaust gas 
contaminant in grams per hour at each test point shall be as follows for 
category A and category B engines:

(m NO)=(NO corr)(0.000470)(m Exh)
(m NO2)=(NO2 corr)(0.000720)(m Exh)
(m CO2)=(CO2 wet basis)(6.89)(m Exh)
(m CO)=(CO wet basis)(4.38)(m Exh)

    (xi) The calculations to determine the ventilation rate for each 
exhaust gas contaminant at each test point shall be as follows for 
category A and category B engines:

(cfm NO)=(m NO)(K)
(cfm NO2)=(m NO2)(K)
(cfm CO2)=(m CO2)(K)
(cfm CO)=(m CO)(K)

Where:

K=13,913.4/ (pollutant grams/mole) (pollutant dilution value specified 
in Sec. 7.84(c)).

    (b) The gaseous ventilation rate for each requested rated speed and 
horsepower shall be the highest ventilation rate calculated in paragraph 
(a)(9)(xi) of this section.
    (1) Ventilation rates less than 20,000 cfm shall be rounded up to 
the next 500 cfm.
    Example: 10,432 cfm shall be listed 10,500 cfm.
    (2) Ventilation rates greater than 20,000 cfm shall be rounded up to 
the next 1,000 cfm.
    Example: 26,382 cfm shall be listed 27,000 cfm.

[61 FR 55504, Oct. 25, 1996; 62 FR 34640, June 27, 1997]



Sec. 7.89  Test to determine the particulate index.

    The test shall be performed in the order listed in Table E-3.
    (a) Test procedure. (1) Couple the diesel engine to the dynamometer 
and connect the sampling and measurement devices specified in Sec. 
7.86.
    (2) A minimum time of 10 minutes is required for each measuring 
point.
    (3) Prior to testing, condition and weigh the particulate filters as 
follows:
    (i) At least 1 hour before the test, each filter (pair) shall be 
placed in a

[[Page 46]]

closed, but unsealed, petri dish and placed in a weighing chamber (room) 
for stabilization.
    (ii) At the end of the stabilization period, each filter (pair) 
shall be weighed. The reading is the tare weight.
    (iii) The filter (pair) shall then be stored in a closed petri dish 
or a filter holder, both of which shall remain in the weighing chamber 
(room) until needed for testing.
    (iv) The filter (pair) must be re-weighed if not used within 8 hours 
of its removal from the weighing chamber (room).
    (4) Run the engine.
    (i) The parameter for fa shall be calculated in 
accordance with Sec. 7.87(a)(3).
    (ii) The air inlet and exhaust backpressure restrictions on the 
engine shall be set as specified in Sec. Sec. 7.87(a)(3) (iii) and 
(iv).
    (iii) The dilution air shall be set to obtain a maximum filter face 
temperature of 125 [deg]F (52 [deg]C) or less at each test mode.
    (iv) The total dilution ratio shall not be less than 4.
    (5) The engine shall be at a steady state condition before starting 
the test modes.
    (i) The engine speed and torque shall be measured and recorded at 
each test mode.
    (ii) The data required for use in the particulate index calculation 
specified in paragraph (a)(9) of this section shall be measured and 
recorded at each test mode.
    (6) A 1.00.1 percent CH4, by volume 
shall be injected into the engine's intake air for category A engines.
    (7) Operate the engine at each rated speed and horsepower rating 
requested by the applicant according to Table E-3 to collect particulate 
on the primary filter.
    (i) One pair of single filters shall be collected or eight multiple 
filter pairs shall be collected.
    (ii) Particulate sampling shall be started after the engine has 
reached a steady-state condition.
    (iii) The sampling time required per mode shall be either a minimum 
of 20 seconds for the single filter method or a minimum of 60 seconds 
for the multiple filter method.
    (iv) The minimum particulate loading specified in Sec. Sec. 
7.86(c)(18) (iii) or (iv) shall be done.

                                        Table E-3--Particulate Test Modes
----------------------------------------------------------------------------------------------------------------
                      Speed                                 Rated speed             Intermediate speed     Low-
---------------------------------------------------------------------------------------------------------  idle
                                                                                                           speed
                    % Torque                        100     75      50      10      100     75      50   -------
                                                                                                             0
----------------------------------------------------------------------------------------------------------------
Weighting factor................................    0.15    0.15    0.15     0.1     0.1     0.1     0.1    0.15
----------------------------------------------------------------------------------------------------------------

    (v) Test speeds shall be maintained within  
percent of rated speed or 3 RPM, which ever is 
greater, except for low idle which shall be within the tolerances set by 
the manufacturer.
    (vi) The specified torque shall be held so that the average over the 
period during which the measurements are being taken is within 2 percent of the maximum torque at the test speed.
    (vii) The modal weighting factors (WF) given in Table E-3 shall be 
applied to the multiple filter method during the calculations as shown 
in paragraph (a)(9)(iii)(B) of this section.
    (viii) For the single filter method, the modal WF shall be taken 
into account during sampling by taking a sample proportional to the 
exhaust mass flow for each mode of the cycle.
    (8) After completion of the test, condition and weigh the 
particulate filters in the weighing chamber (room) as follows:
    (i) Condition the filters for at least 1 hour, but not more than 80 
hours.
    (ii) At the end of the stabilization period, weigh each filter. The 
reading is the gross weight.
    (iii) The particulate mass of each filter is its gross weight minus 
its tare weight.
    (iv) The particulate mass (PF for the single filter 
method; PF,i for the multiple filter method) is 
the sum of the

[[Page 47]]

particulate masses collected on the primary and back-up filters.
    (v) The test is void and must be rerun if the sample on the filter 
contacts the petri dish or any other surface.
    (9) The particulate index for the mass particulate shall be 
calculated from the equations listed below--
    (i) The following abbreviations shall be:

cfm--Cubic feet per min (ft\3\ min)
PT--Particulate (gr/hr)
m mix--Diluted exhaust gas mass flow rate on wet basis (kg/hr)
m sample--Mass of the diluted exhaust sample passed through the 
particulate sampling filters (kg)
Pf--Particulate sample mass collected on a filter (mg) at 
each test mode as determined in Table E-3.
Kp--Humidity correction factor for particulate
WF--Weighting factor
i-Subscript denoting an individual mode, i=1, . . . n
PI--Particulate Index (cfm)

    (ii) When calculating ambient humidity correction for the 
particulate concentration (Pf part), the equation shall be:

Pfcorr=(Pf)(Kp)
Kp=1/(1+0.0133 * (H-10.71))

Where:

Ha=humidity of the intake air, g water per kg dry air
Ha=(6.220 * Ra * pa)/(pB-
pa - Ra * 10-2)
Ra=relative humidity of the intake air, %
pa=saturation vapor pressure of the intake air, kPa
pB=total barometric pressure, kPa

    (iii) When the multiple filter method is used, the following 
equations shall be used.
    (A) Mass of particulate emitted is calculated as follows:
    [GRAPHIC] [TIFF OMITTED] TR25OC96.004
    
    (B) Determination of weighted particulate average is calculated as 
follows:
[GRAPHIC] [TIFF OMITTED] TR25OC96.005

    (C) Determination of particulate index for the mass particulate from 
the average of the test modes shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR25OC96.006

    (iv) When the single filter method is used, the following equations 
shall be used.
    (A) Mass of particulate emitted:

[[Page 48]]

[GRAPHIC] [TIFF OMITTED] TR25OC96.007


Where:
[GRAPHIC] [TIFF OMITTED] TR25OC96.008

[GRAPHIC] [TIFF OMITTED] TR25OC96.009

    (B) Determination of particulate index for the mass particulate from 
the average of the test modes shall be as follows:
[GRAPHIC] [TIFF OMITTED] TR25OC96.010

    (v) When the effective weighting factor, 
WFE,i, for each mode is calculated for the single 
filter method, the following shall apply.
[GRAPHIC] [TIFF OMITTED] TR25OC96.011

    (B) The value of the effective weighting factors shall be within 
0.005 (absolute value) of the weighting factors 
listed in Table E-3.
    (b) A particulate index for each requested rated speed and 
horsepower shall be the value determined in paragraph (a)(9)(iii)(C) of 
this section for the multiple filter method or paragraph (a)(9)(iv)(B) 
of this section for the single filter method.
    (1) Particulate indices less than 20,000 cfm shall be rounded up to 
the next 500 cfm. Example: 10,432 cfm shall be listed 10,500 cfm.
    (2) Particulate indices greater than 20,000 cfm shall be rounded up 
to the nearest thousand 1,000 cfm. Example: 26,382 cfm shall be listed 
27,000 cfm.

[61 FR 55504, Oct. 25, 1996; 62 FR 34640, June 27, 1997]



Sec. 7.90  Approval marking.

    Each approved diesel engine shall be identified by a legible and 
permanent approval marking inscribed with the assigned MSHA approval 
number and securely attached to the diesel engine. The marking shall 
also contain the following information:
    (a) Ventilation rate.
    (b) Rated power.
    (c) Rated speed.
    (d) High idle.

[[Page 49]]

    (e) Maximum altitude before deration.
    (f) Engine model number.



Sec. 7.91  Post-approval product audit.

    Upon request by MSHA, but no more than once a year except for cause, 
the approval holder shall make a diesel engine available for audit at no 
cost to MSHA.



Sec. 7.92  New technology.

    MSHA may approve a diesel engine that incorporates technology for 
which the requirements of this subpart are not applicable if MSHA 
determines that the diesel engine is as safe as those which meet the 
requirements of this subpart.



Subpart F_Diesel Power Packages Intended for Use in Areas of Underground 
       Coal Mines Where Permissible Electric Equipment is Required

    Source: 61 FR 55518, Oct. 25, 1996, unless otherwise noted.



Sec. 7.95  Purpose and effective date.

    Part 7, subpart A general provisions apply to subpart F. Subpart F 
establishes the specific requirements for MSHA approval of diesel power 
packages intended for use in approved equipment in areas of underground 
coal mines where electric equipment is required to be permissible. It is 
effective November 25, 1996.



Sec. 7.96  Definitions.

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

[[Page 50]]

through direct contact with water, commonly called a water scrubber.



Sec. 7.97  Application requirements.

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

[[Page 51]]

sensor setting used to meet the performance requirements of this 
subpart.
    (3) The minimum allowable low water level and the low water sensor 
setting used to meet the performance requirements of this subpart for 
systems using a wet exhaust conditioner as the exhaust flame arrester.
    (4) The maximum grade on which the wet exhaust conditioner can be 
operated retaining the flame arresting characteristics.
    (5) A finalized version of the power package checklist.



Sec. 7.98  Technical requirements.

    (a) The diesel power package shall use a category A diesel engine 
approved under subpart E of this part with the following additional 
requirements:
    (1) A hydraulic, pneumatic, or other mechanically actuated starting 
mechanism. Other means of starting shall be evaluated in accordance with 
the provisions of Sec. 7.107.
    (2) If an air compressor is provided, the intake air line shall be 
connected to the engine intake system between the air cleaner and the 
flame arrester. If the air compressor's inlet air line is not connected 
to the engine's intake system, it shall have an integral air filter.
    (b) The temperature of any external surface of the diesel power 
package shall not exceed 302 [deg]F (150 [deg]C).
    (1) Diesel power package designs using water jacketing to meet this 
requirement shall be tested in accordance with Sec. 7.101.
    (2) Diesel power packages using other techniques will be evaluated 
under the provisions of Sec. 7.107.
    (3) When using water-jacketed components, provisions shall be made 
for positive circulation of coolant, venting of the system to prevent 
the accumulation of air pockets, and effective activation of the safety 
shutdown system before the temperature of the coolant in the jackets 
exceeds the manufacturer's specifications or 212 [deg]F (100 [deg]C), 
whichever is lower.
    (c) External rotating parts shall not be constructed of aluminum 
alloys containing more than 0.6 percent magnesium.
    (d) If nonmetallic rotating parts are used, they shall be provided 
with a means to prevent an accumulation of static electricity. Static 
conducting materials shall have a total resistance of 1 megohm or less, 
measured with an applied potential of 500 volts or more. Static 
conducting materials having a total resistance greater than 1 megohm 
will be evaluated under the provisions of Sec. 7.107.
    (e) All V-belts shall be static conducting and have a resistance not 
exceeding 6 megohms, when measured with a direct current potential of 
500 volts or more.
    (f) The engine crankcase breather shall not be connected to the air 
intake system of the engine. The discharge from the breather shall be 
directed away from hot surfaces of the engine and exhaust system.
    (g) Electrical components on diesel power packages shall be 
certified or approved by MSHA under parts 7, 18, 20, and 27 of this 
chapter.
    (h) Electrical systems on diesel power packages consisting of 
electrical components, interconnecting wiring, and mechanical and 
electrical protection shall meet the requirements of parts 7, 18, and 27 
of this chapter, as applicable.
    (i) The diesel power package shall be equipped with a safety 
shutdown system which will automatically shut off the fuel supply and 
stop the engine in response to signals from sensors indicating--
    (1) The coolant temperature limit specified in paragraph (b) of this 
section;
    (2) The exhaust gas temperature limit specified in paragraph (s)(4) 
of this section;
    (3) The minimum allowable low water level, for a wet exhaust 
conditioner, as established by tests in Sec. 7.100. Restarting of the 
engine shall be prevented until the water level in the wet exhaust 
conditioner has been replenished above the minimum allowable low water 
level; and
    (4) The presence of other safety hazards such as high methane 
concentration, actuation of the fire suppression system, etc., if such 
sensors are included in the safety shutdown system.

[[Page 52]]

    (j) The safety shutdown system shall have the following features:
    (1) A means to automatically disable the starting circuit and 
prevent engagement of the starting mechanism while the engine is 
running, or a starting mechanism constructed of nonsparking materials.
    (2) If the design of the safety shutdown system requires that the 
lack of engine oil pressure must be overridden to start the engine, the 
override shall not be capable of overriding any of the safety shutdown 
sensors specified in paragraph (i) of this section.
    (k) The diesel power package shall be explosion-proof as determined 
by the tests set out in Sec. 7.100.
    (l) Engine joints that directly or indirectly connect the combustion 
chamber to the surrounding atmosphere shall be explosion-proof in 
accordance with paragraphs (m) through (q) of this section and Sec. 
7.100. This paragraph does not apply to the following:
    (1) Pistons to piston rings;
    (2) Pistons to cylinder walls;
    (3) Piston rings to cylinder walls;
    (4) Cylinder head to cylinder block;
    (5) Valve stem to valve guide; or
    (6) Injector body to cylinder head.
    (m) Each segment of the intake system and exhaust system required to 
provide explosion-proof features shall be constructed of metal and 
designed to withstand a minimum internal pressure equal to four times 
the maximum pressure observed in that segment in tests under Sec. 7.100 
or a pressure of 150 psig, whichever is less. Castings shall be free 
from blowholes.
    (n) Welded joints forming the explosion-proof intake and exhaust 
systems shall be continuous and gas-tight. At a minimum, they shall be 
made in accordance with American Welding Society Standard D14.4-77 or 
meet the test requirements of Sec. 7.104 with the internal pressure 
equal to four times the maximum pressure observed in tests under Sec. 
7.100 or a pressure of 150 psig, whichever is less.
    (o) Flexible connections shall be permitted in segments of the 
intake and exhaust systems required to provide explosion-proof features, 
provided that failure of the connection activates the safety shutdown 
system before the explosion-proof characteristics are lost.
    (p) Flame-arresting paths in the intake and exhaust systems shall be 
formed either by--
    (1) Flanged metal to metal joints meeting the requirements of 
paragraph (q) of this section; or
    (2) Metal flanges fitted with metal gaskets and meeting the 
following requirements:
    (i) Flat surfaces between bolt holes that form any part of a flame-
arresting path shall be planed to within a maximum deviation of one-half 
the maximum clearance specified in paragraph (q)(7) of this section. All 
metal surfaces forming a flame-arresting path shall be finished during 
the manufacturing process to not more than 250 microinches.
    (ii) A means shall be provided to ensure that fastenings maintain 
the tightness of joints. The means provided shall not lose its 
effectiveness through repeated assembly and disassembly.
    (iii) Fastenings shall be as uniform in size as practicable to 
preclude improper assembly.
    (iv) Holes for fastenings shall not penetrate to the interior of an 
intake or exhaust system and shall be threaded to ensure that all 
specified bolts or screws will not bottom even if the washers are 
omitted.
    (v) Fastenings used for joints of flame-arresting paths on intake or 
exhaust systems shall be used only for attaching parts that are 
essential in maintaining the explosion-proof integrity. They shall not 
be used for attaching brackets or other parts.
    (vi) The minimum thickness of material for flanges shall be \1/2\-
inch, except that a final thickness of \7/16\-inch is allowed after 
machining rolled plate.
    (vii) The maximum fastening spacing shall be 6 inches.
    (viii) The minimum diameter of fastenings shall be \3/8\-inch, 
except smaller diameter fastenings may be used if the joint first meets 
the requirements of the static pressure test in Sec. 7.104, and the 
explosion test in Sec. 7.100.
    (ix) The minimum thread engagement of fastenings shall be equal to 
or greater than the nominal diameter of the fastenings specified, or the 
intake or exhaust system must meet the test requirements of the 
explosion tests in

[[Page 53]]

Sec. 7.100 and the static pressure test in Sec. 7.104.
    (x) The minimum contact surface of gaskets forming flame-arresting 
paths shall be \3/8\-inch, and the thickness of the gaskets shall be no 
greater than \1/16\-inch. The minimum distance from the interior edge of 
a gasket to the edge of a fastening hole shall be \3/8\-inch. The 
gaskets shall be positively positioned, and a means shall be provided to 
preclude improper installation. When the joint is completely assembled, 
it shall be impossible to insert a 0.0015-inch thickness gauge to a 
depth exceeding \1/8\-inch between the gasket and mating flanges. Other 
gasket designs shall be evaluated in accordance with Sec. 7.107.
    (q) The following construction requirements shall apply to flame-
arresting paths formed without gaskets:
    (1) Flat surfaces between fastening holes that form any part of a 
flame-arresting path shall be planed to within a maximum deviation of 
one-half the maximum clearance specified in paragraph (q)(7) of this 
section. All metal surfaces forming a flame-arresting path shall be 
finished during the manufacturing process to not more than 250 
microinches. A thin film of nonhardening preparation to inhibit rusting 
may be applied to these finished metal surfaces, as long as the final 
surface can be readily wiped free of any foreign materials.
    (2) A means shall be provided to ensure that fastenings maintain the 
tightness of joints. The means provided shall not lose its effectiveness 
through repeated assembly and disassembly.
    (3) Fastenings shall be as uniform in size as practicable to 
preclude improper assembly.
    (4) Holes for fastenings shall not penetrate to the interior of an 
intake or exhaust system and shall be threaded to ensure that all 
specified bolts or screws will not bottom even if the washers are 
omitted.
    (5) Fastenings used for joints of flame-arresting paths on intake or 
exhaust systems shall be used only for attaching parts that are 
essential in maintaining the explosion-proof integrity. They shall not 
be used for attaching brackets or other parts.
    (6) The flame-arresting path of threaded joints shall conform to the 
requirements of paragraph (q)(7) of this section.
    (7) Intake and exhaust systems joints shall meet the specifications 
set out in Table F-1.

   Table F-1--Dimensional Requirements for Explosion-Proof Intake and
                          Exhaust System Joints
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Minimum thickness of material for flanges........  \1/2\ 1
Minimum width of joint; all in one plane.........  1
Maximum clearance; joint all in one plane........  0.004
Minimum width of joint, portions of which are      \3/4\ 2
 different planes; cylinders or equivalent.
Maximum clearances; joint in two or more planes,
 cylinders or equivalent:
    Portion perpendicular to plane...............  0.008 3
    Plane portion................................  0.006
Maximum fastening 4 spacing; joints all in one     6
 plane \5\.
Maximum fastening spacing; joints, portions of     8
 which are in different planes.
Minimum diameter of fastening (without regard to   \3/8\
 type of joint) \6\.
Minimum thread engagement of fastening \7\.......  \3/8\
Maximum diametrical clearance between fastening    \1/16\
 body and unthreaded holes through which it
 passes \8\ \9\ \10\.
Minimum distance from interior of the intake or
 exhaust system to the edge of a fastening hole:
 \11\
    Joint-minimum width 1.............  \7/16\\8\
                                                    \12\
Shafts centered by ball or roller bearings:
    Minimum length of flame-arresting path.......  1
    Maximum diametrical clearance................  0.030
Other cylindrical joints:
    Minimum length of flame-arresting path.......  1
    Maximum diametrical clearance................  0.010
------------------------------------------------------------------------
\1\ \1/16\-inch less is allowable for machining rolled plate.
\2\ If only two planes are involved, neither portion of a joint shall be
  less than \1/8\-inch wide, unless the wider portion conforms to the
  same requirements as those for a joint that is all in one plane. If
  more than two planes are involved (as in labyrinths or tongue-in-
  groove joints), the combined lengths of those portions having
  prescribed clearances are considered.

[[Page 54]]

 
\3\ The allowable diametrical clearance is 0.008-inch when the portion
  perpendicular to the plane portion is \1/4\-inch or greater in length.
  If the perpendicular portion is more than \1/8\-inch but less than \1/
  4\-inch wide, the diametrical clearance shall not exceed 0.006-inch.
\4\ Studs, when provided, shall bottom in blind holes, be completely
  welded in place, or have the bottom of the hole closed with a plug
  secured by weld or braze. Fastenings shall be provided at all corners.
 
\5\ The requirements as to diametrical clearance around the fastening
  and minimum distance from the fastening hole to the inside of the
  intake or exhaust system apply to steel dowel pins. In addition, when
  such pins are used, the spacing between centers of the fastenings on
  either side of the pin shall not exceed 5 inches.
\6\ Fastening diameters smaller than specified may be used if the joint
  or assembly meets the test requirements of Sec. 7.104.
\7\ Minimum thread engagement shall be equal to or greater than the
  nominal diameter of the fastening specified, or the intake or exhaust
  system must meet the test requirements of Sec. 7.104.
\8\ The requirements as to diametrical clearance around the fastening
  and minimum distance from the fastening hole to the inside of the
  intake or exhaust system apply to steel dowel pins. In addition, when
  such pins are used, the spacing between centers of the fastenings on
  either side of the pin shall not exceed 5 inches.
\9\ This maximum clearance only applies when the fastening is located
  within the flame-arresting path.
\10\ Threaded holes for fastenings shall be machined to remove burrs or
  projections that affect planarity of a surface forming a flame-
  arresting path.
\11\ Edge of the fastening hole shall include any edge of any machining
  done to the fastening hole, such as chamfering.
\12\ If the diametrical clearance for fastenings does not exceed \1/32\-
  inch, then the minimum distance shall be \1/4\-inch.

    (r) Intake system. (1) The intake system shall include a device 
between the air cleaner and intake flame arrester, operable from the 
equipment operator's compartment, to shut off the air supply to the 
engine for emergency purposes. Upon activation, the device must operate 
immediately and the engine shall stop within 15 seconds.
    (2) The intake system shall include a flame arrester that will 
prevent an explosion within the system from propagating to a surrounding 
flammable mixture when tested in accordance with the explosion tests in 
Sec. 7.100. The flame arrester shall be located between the air cleaner 
and the intake manifold and shall be attached so that it can be removed 
for inspection or cleaning. The flame arrester shall be constructed of 
corrosion-resistant metal and meet the following requirements:
    (i) Two intake flame arrester designs, the spaced-plate type and the 
crimped ribbon type, will be tested in accordance with the requirements 
of Sec. 7.100. Variations to these designs or other intake flame 
arrester designs will be evaluated under the provisions of Sec. 7.107.
    (ii) In flame arresters of the spaced-plate type, the thickness of 
the plates shall be at least 0.125-inch; spacing between the plates 
shall not exceed 0.018-inch; and the flame-arresting path formed by the 
plates shall be at least 1 inch wide. The unsupported length of the 
plates shall be short enough that permanent deformation resulting from 
explosion tests shall not exceed 0.002-inch. The plates and flame 
arrester housing shall be an integral unit which cannot be disassembled.
    (iii) In flame arresters of the crimped ribbon type, the dimensions 
of the core openings shall be such that a plug gauge 0.018-inch in 
diameter shall not pass through, and the flame-arresting path core 
thickness shall be at least 1 inch. The core and flame arrester housing 
shall be an integral unit which cannot be disassembled.
    (3) The intake system shall be designed so that improper 
installation of the flame arrester is impossible.
    (4) The intake system shall include an air cleaner service 
indicator. The air cleaner shall be installed so that only filtered air 
will enter the flame arrester. The air cleaner shall be sized and the 
service indicator set in accordance with the engine manufacturer's 
recommendations. Unless the service indicator is explosion-proof, it 
shall be located between the air cleaner and flame arrester, and the 
service indicator setting shall be reduced to account for the additional 
restriction imposed by the flame arrester.
    (5) The intake system shall include a connection between the intake 
flame arrester and the engine head for temporary attachment of a device 
to indicate the total vacuum in the system. This opening shall be closed 
by a plug or other suitable device that is sealed or locked in place 
except when in use.
    (s) Exhaust system. (1) The exhaust system shall include a flame 
arrester that will prevent propagation of flame or discharge of glowing 
particles to a surrounding flammable mixture. The flame arrester shall 
be constructed of corrosion-resistant metal.
    (i) If a mechanical flame arrester is used, it shall be positioned 
so that only

[[Page 55]]

cooled exhaust gas at a maximum temperature of 302 [deg]F (150 [deg]C) 
will be discharged through it.
    (ii) If a mechanical flame arrester of the spaced-plate type is 
used, it must meet the requirements of paragraph (r)(2)(ii) of this 
section and the test requirements of Sec. 7.100. Variations to the 
spaced-plate flame arrester design and other mechanical flame arrester 
designs shall be evaluated under the provisions of Sec. 7.107. The 
flame arrester shall be designed and attached so that it can be removed 
for inspection and cleaning.
    (2) The exhaust system shall allow a wet exhaust conditioner to be 
used as the exhaust flame arrester provided that the explosion tests of 
Sec. 7.100 demonstrate that the wet exhaust conditioner will arrest 
flame. When used as a flame arrester, the wet exhaust conditioner shall 
be equipped with a sensor to automatically activate the safety shutdown 
system at or above the minimum allowable low water level established by 
Sec. 7.100. Restarting of the engine shall be prevented until the water 
supply in the wet exhaust conditioner has been replenished above the 
minimum allowable low water level. All parts of the wet exhaust 
conditioner and associated components that come in contact with 
contaminated exhaust conditioner water shall be constructed of 
corrosion-resistant material. The wet exhaust conditioner shall include 
a means for verifying that the safety shutdown system operates at the 
proper water level. A means shall be provided for draining and cleaning 
the wet exhaust conditioner. The final exhaust gas temperature at 
discharge from the wet exhaust conditioner shall not exceed 170 [deg]F 
(76 [deg]C) under test conditions specified in Sec. 7.102. A sensor 
shall be provided that activates the safety shutdown system before the 
exhaust gas temperature at discharge from the wet exhaust conditioner 
exceeds 185 [deg]F (85 [deg]C) under test conditions specified in Sec. 
7.103(a)(4).
    (3) The exhaust system shall be designed so that improper 
installation of the flame arrester is impossible.
    (4) The exhaust system shall provide a means to cool the exhaust gas 
and prevent discharge of glowing particles.
    (i) When a wet exhaust conditioner is used to cool the exhaust gas 
and prevent the discharge of glowing particles, the temperature of the 
exhaust gas at the discharge from the exhaust conditioner shall not 
exceed 170 [deg]F (76 [deg]C) when tested in accordance with the exhaust 
gas cooling efficiency test in Sec. 7.102. A sensor shall be provided 
that activates the safety shutdown system before the exhaust gas 
temperature at discharge from the wet exhaust conditioner exceeds 185 
[deg]F (85 [deg]C) when tested in accordance with the safety system 
controls test in Sec. 7.103. All parts of the wet exhaust conditioner 
and associated components that come in contact with contaminated exhaust 
conditioner water shall be constructed of corrosion-resistant material.
    (ii) When a dry exhaust conditioner is used to cool the exhaust gas, 
the temperature of the exhaust gas at discharge from the diesel power 
package shall not exceed 302 [deg]F (150 [deg]C) when tested in 
accordance with the exhaust gas cooling efficiency test of Sec. 7.102. 
A sensor shall be provided that activates the safety shutdown system 
before the exhaust gas exceeds 302 [deg]F (150 [deg]C) when tested in 
accordance with the safety system control test in Sec. 7.103. A means 
shall be provided to prevent the discharge of glowing particles, and it 
shall be evaluated under the provisions of Sec. 7.107.
    (5) Other means for cooling the exhaust gas and preventing the 
propagation of flame or discharge of glowing particles shall be 
evaluated under the provisions of Sec. 7.107.
    (6) There shall be a connection in the exhaust system for temporary 
attachment of a device to indicate the total backpressure in the system 
and collection of exhaust gas samples. This opening shall be closed by a 
plug or other suitable device that is sealed or locked in place except 
when in use.

[61 FR 55518, Oct. 25, 1996, 62 FR 34640, 34641, June 27, 1997]



Sec. 7.99  Critical characteristics.

    The following critical characteristics shall be inspected or tested 
on each diesel power package to which an approval marking is affixed:

[[Page 56]]

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



Sec. 7.100  Explosion tests.

    (a) Test procedures. (1) Prepare to test the diesel power package as 
follows:
    (i) Perform a detailed check of parts against the drawings and 
specifications submitted under Sec. 7.97 to determine that the parts 
and drawings agree.
    (ii) Remove all parts that do not contribute to the operation or 
ensure the explosion-proof integrity of the diesel power package such as 
the air cleaner and exhaust gas dilution system.
    (iii) Fill coolant system fluid and engine oil to the engine 
manufacturer's recommended levels.
    (iv) Interrupt fuel supply to the injector pump.
    (v) Establish a preliminary low water level for systems using the 
wet exhaust conditioner as a flame arrester.
    (2) Perform static and dynamic tests of the intake system as 
follows:
    (i) Install the diesel power package in an explosion test chamber 
which is large enough to contain the complete diesel power package. The 
chamber must be sufficiently darkened and provide viewing capabilities 
of the flame-arresting paths to allow observation during testing of any 
discharge of flame or ignition of the flammable mixture surrounding the 
diesel power package. Couple the diesel power package to an auxiliary 
drive mechanism. Attach a pressure measuring device, a temperature 
measuring device, and an ignition source to the intake system. The 
pressure measuring device shall be capable of indicating the peak 
pressure accurate to 1 pound-per-square inch gauge 
(psig) at 100 psig static pressure and shall have a frequency response 
of 40 Hertz or greater. The ignition source shall be an electric spark 
with a minimum energy of 100 millijoules. The ignition source shall be 
located immediately adjacent to the intake manifold and the pressure and 
temperature devices shall be located immediately adjacent to the flame 
arrester.
    (ii) For systems using the wet exhaust conditioner as an exhaust 
flame arrester, fill the exhaust conditioner to the specified high or 
normal operating water level.
    (iii) Fill the test chamber with a mixture of natural gas and air or 
methane and air. If natural gas is used, the content of combustible 
hydrocarbons shall total at least 98.0 percent, by volume, with the 
remainder being inert. At least 80.0 percent, by volume, of the gas 
shall be methane. For all tests, the methane or natural gas 
concentration shall be 8.5 1.8 percent, by volume, 
and the oxygen concentration shall be no less than 18 percent, by 
volume.
    (iv) Using the auxiliary drive mechanism, motor the engine to fill 
the intake and exhaust systems with the

[[Page 57]]

flammable mixture. The intake system, exhaust system, and test chamber 
gas concentration shall not differ by more than 0.3 percent, by volume, at the time of ignition.
    (v) For static tests, stop the engine, actuate the ignition source, 
and observe the peak pressure. The peak pressure shall not exceed 110 
psig. If the peak pressure exceeds 110 psig, construction changes shall 
be made that result in a reduction of pressure to 110 psig or less, or 
the system shall be tested in accordance with the static pressure test 
of Sec. 7.104 with the pressure parameter replaced with a static 
pressure of twice the highest value recorded.
    (vi) If the peak pressure does not exceed 110 psig or if the system 
meets the static pressure test requirements of this section and there is 
no discharge of visible flames or glowing particles or ignition of the 
flammable mixture in the chamber, a total of 20 tests shall be conducted 
in accordance with the explosion test specified above.
    (vii) For dynamic tests, follow the same procedures for static 
tests, except actuate the ignition source while motoring the engine. 
Forty dynamic tests shall be conducted at two speeds, twenty at 1800 
200 RPM and twenty at 1000 200 RPM. Under some circumstances, during dynamic 
testing the flammable mixture may continue to burn within the diesel 
power package after ignition. This condition can be recognized by the 
presence of a rumbling noise and a rapid increase in temperature. This 
can cause the flame-arrester to reach temperatures which can ignite the 
surrounding flammable mixture. Ignition of the flammable mixture in the 
test chamber under these circumstances does not constitute failure of 
the flame arrester. However; if this condition is observed, the test 
operator should immediately stop the engine and allow components to cool 
to prevent damage to the components.
    (3) Perform static and dynamic tests of the exhaust system as 
follows:
    (i) Prepare the diesel power package for explosion tests according 
to Sec. 7.100(a)(2)(i) as follows:
    (A) Install the ignition source immediately adjacent to the exhaust 
manifold.
    (B) Install pressure measuring devices in each segment as follows: 
immediately adjacent to the exhaust conditioner inlet; in the exhaust 
conditioner; and immediately adjacent to the flame arrester, if 
applicable.
    (C) Install a temperature device immediately adjacent to the exhaust 
conditioner inlet.
    (ii) If the exhaust system is provided with a spaced-plate flame 
arrester in addition to an exhaust conditioner, explosion tests of the 
exhaust system shall be performed as described for the intake system in 
accordance with this section. Water shall not be present in a wet 
exhaust conditioner for the tests.
    (iii) If the wet exhaust conditioner is used as the exhaust flame 
arrester, explosion testing of this type of system shall be performed as 
described for the intake system in accordance with this section with the 
following modifications:
    (A) Twenty static tests, twenty dynamic tests at 1800  200 RPM, and twenty dynamic tests at 1000 200 RPM shall be conducted at 2 inches below the minimum 
allowable low water level. All entrances in the wet exhaust conditioner 
which do not form explosion-proof joints shall be opened. These openings 
may include lines which connect the reserve water supply to the wet 
exhaust conditioner, insert flanges, float flanges, and cover plates. 
These entrances are opened during this test to verify that they are not 
flame paths.
    (B) Twenty static tests, twenty dynamic tests at 1800 200 RPM, and twenty dynamic tests at 1000 200 RPM shall be conducted at 2 inches below the minimum 
allowable low water level. All entrances in the wet exhaust conditioner 
(except the exhaust conditioner outlet) which do not form explosion-
proof joints shall be closed. These openings are closed to simulate 
normal operation.
    (C) Twenty static tests, twenty dynamic tests at 1800 200 RPM, and twenty dynamic tests at 1000 200 RPM shall be conducted at the specified high or 
normal operating water level. All entrances in the wet exhaust 
conditioner which do not form explosion-proof joints shall be opened.
    (D) Twenty static tests, twenty dynamic tests at 1800 200 RPM, and

[[Page 58]]

twenty dynamic tests at 1000 200 RPM shall be 
conducted at the specified high or normal operating water level. All 
entrances in the wet exhaust conditioner (except the exhaust conditioner 
outlet) which do not form explosion-proof joints shall be closed.
    (iv) After successful completion of the explosion tests of the 
exhaust system, the minimum allowable low water level, for a wet exhaust 
conditioner used as the exhaust flame arrester, shall be determined by 
adding two inches to the lowest water level that passed the explosion 
tests.
    (v) A determination shall be made of the maximum grade on which the 
wet exhaust conditioner can be operated retaining the flame-arresting 
characteristics.
    (b) Acceptable performance. The explosion tests shall not result in 
any of the following--
    (1) Discharge of flame or glowing particles.
    (2) Visible discharge of gas through gasketed joints.
    (3) Ignition of the flammable mixture in the test chamber.
    (4) Rupture of any part that affects the explosion-proof integrity.
    (5) Clearances, in excess of those specified in this subpart, along 
accessible flame-arresting paths, following any necessary retightening 
of fastenings.
    (6) Pressure exceeding 110 psig, unless the intake system or exhaust 
system has withstood a static pressure of twice the highest value 
recorded in the explosion tests of this section following the static 
pressure test procedures of Sec. 7.104.
    (7) Permanent distortion of any planar surface of the diesel power 
package exceeding 0.04-inches/linear foot.
    (8) Permanent deformation exceeding 0.002-inch between the plates of 
spaced-plate flame arrester designs.

[61 FR 55518, Oct. 25, 1996; 62 FR 34641, June 27, 1997]



Sec. 7.101  Surface temperature tests.

    The test for determination of exhaust gas cooling efficiency 
described in Sec. 7.102 may be done simultaneously with this test.
    (a) Test procedures. (1) Prepare to test the diesel power package as 
follows:
    (i) Perform a detailed check of parts against the drawings and 
specifications submitted to MSHA under compliance with Sec. 7.97 to 
determine that the parts and drawings agree.
    (ii) Fill the coolant system with a mixture of equal parts of 
antifreeze and water, following the procedures specified in the 
application, Sec. 7.97(a)(3).
    (iii) If a wet exhaust conditioner is used to cool the exhaust gas, 
fill the exhaust conditioner to the high or normal operating water level 
and have a reserve water supply available, if applicable.
    (2) Tests shall be conducted as follows:
    (i) The engine shall be set to the rated horsepower specified in 
Sec. 7.97(a)(2).
    (ii) Install sufficient temperature measuring devices to determine 
the location of the highest coolant temperature. The temperature 
measuring devices shall be accurate to 4 [deg]F 
(2 [deg]C).
    (iii) Operate the engine at rated horsepower and with 0.50.1 percent, by volume, of methane in the intake air 
mixture until all parts of the engine, exhaust coolant system, and other 
components reach their respective equilibrium temperatures. The liquid 
fuel temperature into the engine shall be maintained at 100 [deg]F (38 
[deg]C) 10 [deg]F (6 [deg]C) and the intake air 
temperature shall be maintained at 70 [deg]F (21 [deg]C) 5 [deg]F (3 [deg]C).
    (iv) Increase the coolant system temperatures until the highest 
coolant temperature is 205 [deg]F to 212 [deg]F (96 [deg]C to 100 
[deg]C), or to the maximum temperature specified by the applicant, if 
lower.
    (v) After all coolant system temperatures stabilize, operate the 
engine for 1 hour.
    (vi) The ambient temperature shall be between 50 [deg]F (10 [deg]C) 
and 104 [deg]F (40 [deg]C) throughout the tests.
    (b) Acceptable performance. The surface temperature of any external 
surface of the diesel power package shall not exceed 302 [deg]F (150 
[deg]C) during the test.

[[Page 59]]



Sec. 7.102  Exhaust gas cooling efficiency test.

    (a) Test procedures. (1) Follow the procedures specified in Sec. 
7.101(a).
    (2) Install a temperature measuring device to measure the exhaust 
gas temperature at discharge from the exhaust conditioner. The 
temperature measuring device shall be accurate to 4 [deg]F (2 [deg]C).
    (3) Determine the exhaust gas temperature at discharge from the 
exhaust conditioner before the exhaust gas is diluted with air.
    (b) Acceptable performance. (1) The exhaust gas temperature at 
discharge from a wet exhaust conditioner before the exhaust gas is 
diluted with air shall not exceed 170 [deg]F (76 [deg]C).
    (2) The exhaust gas temperature at discharge from a dry exhaust 
conditioner before the gas is diluted with air shall not exceed 302 
[deg]F (150 [deg]C).



Sec. 7.103  Safety system control test.

    (a) Test procedures. (1) Prior to testing, perform the tasks 
specified in Sec. 7.101(a)(1) and install sufficient temperature 
measuring devices to measure the highest coolant temperature and exhaust 
gas temperature at discharge from the exhaust conditioner. The 
temperature measuring devices shall be accurate to 4 [deg]F (2 [deg]C).
    (2) Determine the effectiveness of the coolant system temperature 
shutdown sensors which will automatically activate the safety shutdown 
system and stop the engine before the coolant temperature in the cooling 
jackets exceeds manufacturer's specifications or 212 [deg]F (100 
[deg]C), whichever is lower, by operating the engine and causing the 
coolant in the cooling jackets to exceed the specified temperature.
    (3) For systems using a dry exhaust gas conditioner, determine the 
effectiveness of the temperature sensor in the exhaust gas stream which 
will automatically activate the safety shutdown system and stop the 
engine before the cooled exhaust gas temperature exceeds 302 [deg]F (150 
[deg]C), by operating the engine and causing the cooled exhaust gas to 
exceed the specified temperature.
    (4) For systems using a wet exhaust conditioner, determine the 
effectiveness of the temperature sensor in the exhaust gas stream which 
will automatically activate the safety shutdown system and stop the 
engine before the cooled exhaust gas temperature exceeds 185 [deg]F (85 
[deg]C), with the engine operating at a high idle speed condition. 
Temporarily disable the reserve water supply, if applicable, and any 
safety shutdown system control that might interfere with the evaluation 
of the operation of the exhaust gas temperature sensor. Prior to 
testing, set the water level in the wet exhaust conditioner to a level 
just above the minimum allowable low water level. Run the engine until 
the exhaust gas temperature sensor activates the safety shutdown system 
and stops the engine.
    (5) For systems using a wet exhaust conditioner as an exhaust flame 
arrester, determine the effectiveness of the low water sensor which will 
automatically activate the safety shutdown system and stop the engine at 
or above the minimum allowable low water level established from results 
of the explosion tests in Sec. 7.100 with the engine operating at a 
high idle speed condition. Temporarily disable the reserve water supply, 
if applicable, and any safety shutdown system control that might 
interfere with the evaluation of the operation of the low water sensor. 
Prior to testing, set the water level in the wet exhaust conditioner to 
a level just above the minimum allowable low water level. Run the engine 
until the low water sensor activates the safety shutdown system and 
stops the engine. Measure the low water level. Attempt to restart the 
engine.
    (6) Determine the effectiveness of the device in the intake system 
which is designed to shut off the air supply and stop the engine for 
emergency purposes with the engine operating at both a high idle speed 
condition and a low idle speed condition. Run the engine and activate 
the emergency intake air shutoff device.
    (7) Determine the total air inlet restriction of the complete intake 
system, including the air cleaner, as measured between the intake flame 
arrester and the engine head with the engine operating at maximum air 
flow.
    (8) Determine the total exhaust backpressure with the engine 
operating at rated horsepower as specified in

[[Page 60]]

Sec. 7.103(a)(7). If a wet exhaust conditioner is used, it must be 
filled to the high or normal operating water level during this test.
    (9) The starting mechanism shall be tested to ensure that engagement 
is not possible while the engine is running. Operate the engine and 
attempt to engage the starting mechanism.
    (10) Where the lack of engine oil pressure must be overridden in 
order to start the engine, test the override to ensure that it does not 
override any of the safety shutdown sensors specified in Sec. 7.98(i). 
After each safety shutdown sensor test specified in paragraphs (a)(2) 
through (a)(5) of this section, immediately override the engine oil 
pressure and attempt to restart the engine.
    (b) Acceptable performance. Tests of the safety system controls 
shall result in the following:
    (1) The coolant system temperature shutdown sensor shall 
automatically activate the safety shutdown system and stop the engine 
before the water temperature in the cooling jackets exceeds 
manufacturer's specifications or 212 [deg]F (100 [deg]C), whichever is 
lower.
    (2) The temperature sensor in the exhaust gas stream of a system 
using a dry exhaust conditioner shall automatically activate the safety 
shutdown system and stop the engine before the cooled exhaust gas 
exceeds 302 [deg]F (150 [deg]C).
    (3) The temperature sensor in the exhaust gas stream of a system 
using a wet exhaust conditioner shall automatically activate the safety 
shutdown system and stop the engine before the cooled exhaust gas 
exceeds 185 [deg]F (85 [deg]C).
    (4) The low water sensor for systems using a wet exhaust conditioner 
shall automatically activate the safety shutdown system and stop the 
engine at or above the minimum allowable low water level and prevent 
restarting of the engine.
    (5) The emergency intake air shutoff device shall operate 
immediately when activated and stop the engine within 15 seconds.
    (6) The total intake air inlet restriction and the total exhaust 
backpressure shall not exceed the engine manufacturer's specifications.
    (7) It shall not be possible to engage the starting mechanism while 
the engine is running, unless the starting mechanism is constructed of 
nonsparking material.
    (8) The engine oil pressure override shall not override any of the 
shutdown sensors.



Sec. 7.104  Internal static pressure test.

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



Sec. 7.105  Approval marking.

    Each approved diesel power package shall be identified by a legible 
and permanent approval plate inscribed with the assigned MSHA approval 
number and securely attached to the diesel power package in a manner 
that does not impair any explosion-proof characteristics. The grade 
limitation of a wet

[[Page 61]]

exhaust conditioner used as an exhaust flame arrester shall be included 
on the approval marking.



Sec. 7.106  Post-approval product audit.

    Upon request by MSHA, but not more than once a year except for 
cause, the approval-holder shall make an approved diesel power package 
available for audit at no cost to MSHA.



Sec. 7.107  New technology.

    MSHA may approve a diesel power package that incorporates technology 
for which the requirements of this subpart are not applicable if MSHA 
determines that the diesel power package is as safe as those which meet 
the requirements of this subpart.



Sec. 7.108  Power package checklist.

    Each diesel power package bearing an MSHA approval plate shall be 
accompanied by a power package checklist. The power package checklist 
shall consist of a list of specific features that must be checked and 
tests that must be performed to determine if a previously approved 
diesel power package is in approved condition. Test procedures shall be 
specified in sufficient detail to allow evaluation to be made without 
reference to other documents. Illustrations shall be used to fully 
identify the approved configuration of the diesel power package.



                   Subpart J_Electric Motor Assemblies

    Source: 57 FR 61193, Dec. 23, 1992, unless otherwise noted.



Sec. 7.301  Purpose and effective date.

    This subpart establishes the specific requirements for MSHA approval 
of certain explosion-proof electric motor assemblies intended for use in 
approved equipment in underground mines. Applications for approval or 
extensions of approval submitted after February 22, 1996 shall meet the 
requirements of this part. Those motors that incorporate features not 
specifically addressed in this subpart will continue to be evaluated 
under part 18 of this chapter.



Sec. 7.302  Definitions.

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

[[Page 62]]

both of which are the same type and gauge.



Sec. 7.303  Application requirements.

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



Sec. 7.304  Technical requirements.

    (a) Voltage rating of the motor shall not exceed 4160 volts.
    (b) The temperature of the external surfaces of the motor assembly 
shall not exceed 150 [deg]C (302 [deg]F) when operated at the 
manufacturers' specified ratings.
    (c) Minimum clearances between uninsulated electrical conductor 
surfaces, or between uninsulated conductor surfaces and grounded metal 
surfaces, within the enclosure shall meet the requirements of table J-1 
of this section.

       Table J-1--Minimum Clearances Between Uninsulated Surfaces
------------------------------------------------------------------------
                                                    Clearances (inches)
                                                 -----------------------
                                                               Phase-to-
          Phase-to-phase voltage (rms)             Phase-to-   ground or
                                                     phase      control
                                                                circuit
------------------------------------------------------------------------
0 to 250........................................        0.25        0.25
251 to 600......................................        0.28        0.25
601 to 1000.....................................        0.61        0.25
1001 to 2400....................................        1.4         0.6
2401 to 4160....................................        3.0         1.4
------------------------------------------------------------------------

    (d) Parts whose dimensions can change with the motor operation, such 
as ball and roller bearings and oil seals, shall not be used as flame-
arresting paths.
    (e) The widths of any grooves, such as grooves for holding oil seals 
or o-rings, shall be deducted in measuring the widths of flame-arresting 
paths.
    (f) An outer bearing cap shall not be considered as forming any part 
of a flame-arresting path unless the cap is used as a bearing cartridge.
    (g) Requirements for explosion-proof enclosures of motor assemblies.
    (1) Enclosures shall be--
    (i) Constructed of metal;
    (ii) Designed to withstand a minimum internal pressure of 150 pounds 
per square inch (gauge);
    (iii) Free from blowholes when cast; and
    (iv) Explosion proof as determined by the tests set out in Sec. 
7.306 of this part.
    (2) Welded joints forming an enclosure shall be--
    (i) Continuous and gas-tight; and
    (ii) Made in accordance with or exceed the American Welding Society 
Standard AWS D14.4-77, ``Classification and Application of Welded Joints 
for Machinery and Equipment,'' or meet the test requirements set out in 
Sec. 7.307 of this part. AWS D14.4-77 is incorporated by reference and 
has been approved by the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the 
American Welding Society, Inc., 2501 NW 7th Street, Miami, FL 33125. 
Copies may be inspected at the Mine Safety and Health Administration, 
Department of Labor, Approval and Certification Center, RR 1, Industrial 
Park Road, Triadelphia, WV 26059, or at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
    (3) External rotating parts shall not be constructed of aluminum 
alloys containing more than 0.6 percent magnesium. Non-metallic rotating 
parts shall be provided with a means to prevent an accumulation of 
static electricity.
    (4) Threaded covers and mating parts shall be designed with Class 1A 
and 1B (coarse, loose fitting) threads. The covers shall be secured 
against loosening.
    (5) Flat surfaces between fastening holes that form any part of a 
flame-arresting path shall be plane to within a

[[Page 63]]

maximum deviation of one-half the maximum clearance specified in 
paragraph (g)(19) of this section. All surfaces forming a flame-
arresting path shall be finished during the manufacturing process to not 
more than 250 microinches. A thin film of nonhardening preparation to 
inhibit rusting may be applied to these finished metal surfaces as long 
as the final surface can be readily wiped free of any foreign materials.
    (6) For a laminated stator frame, it shall be impossible to insert a 
0.0015 inch thickness gauge to a depth exceeding \1/8\ inch between 
adjacent laminations or between end rings and laminations.
    (7) Lockwashers, or equivalent, shall be provided for all 
fastenings. Devices other than lockwashers shall meet the requirements 
of Sec. 7.308 of this part. Equivalent devices shall only be used in 
the configuration in which they were tested.
    (8) Fastenings shall be as uniform in size as practicable to 
preclude improper installation.
    (9) Holes for fastenings in an explosion-proof enclosure shall be 
threaded to ensure that all specified bolts or screws will not bottom 
even if the washers are omitted.
    (10) Holes for fastenings shall not penetrate to the interior of an 
explosion-proof enclosure, except holes made through motor casings for 
bolts, studs, or screws to hold essential parts, such as pole pieces, 
brush rigging, and bearing cartridges. The attachments of such parts 
shall be secured against loosening. The threaded holes in these parts 
shall be blind unless the fastenings are inserted from the inside, in 
which case the fastenings shall not be accessible with the rotor in 
place.
    (11) For direct current motor assemblies with narrow interpoles, the 
distance from the edge of the pole piece to any bolt hole in the frame 
shall be at least \1/8\ inch. If the distance is \1/8\ to \1/4\ inch, 
the diametrical clearance for the pole bolt shall not exceed \1/64\ inch 
for not less than \1/2\ inch through the frame. Furthermore, the pole 
piece shall have the same radius as the inner surface of the frame. Pole 
pieces may be shimmed as necessary. If used, the total resulting 
thickness of the shims shall be specified. The shim assembly shall meet 
the same requirements as the pole piece.
    (12) Coil-thread inserts, if used in holes for fastenings, shall 
meet the following:
    (i) The inserts shall have internal screw threads.
    (ii) The holes for the inserts shall be drilled and tapped 
consistent with the insert manufacturer's specifications.
    (iii) The inserts shall be installed consistent with the insert 
manufacturer's specifications.
    (iv) The insert shall be of sufficient length to ensure the minimum 
thread engagement of fastening specified in paragraph (g)(19) of this 
section.
    (13) A minimum of \1/8\ inch of stock shall be left at the center of 
the bottom of each blind hole that could penetrate into the interior of 
an explosion-proof enclosure.
    (14) Fastenings shall be used only for attaching parts that are 
essential in maintaining the explosion-proof integrity of the enclosure, 
or necessary for the operation of the motor. They shall not be used for 
making electrical connections.
    (15) Through holes not in use shall be closed with a metal plug. 
Plugs, including eyebolts, in through holes where future access is 
desired shall meet the flame-arresting paths, lengths, and clearances of 
paragraph (g)(19) of this section and be secured by spot welding or 
brazing. The spot weld or braze may be on a plug, clamp, or fastening 
(for example see figure J-1). Plugs for holes where future access is not 
desired shall be secured all around by a continuous gas-tight weld.
    (16) O-rings, if used in a flame-arresting path, shall meet the 
following:
    (i) When the flame-arresting path is in one plane, the o-ring shall 
be located at least one-half the acceptable flame-arresting path length 
specified in paragraph (g)(19) of this section from within the outside 
edge of the path (see figure J-2).
    (ii) When the flame-arresting path is one of the plane-cylindrical 
type (step joint), the o-ring shall be located at least \1/2\ inch from 
within the outer edge of the plane portion (see figure J-3), or at the 
junction of the plane and

[[Page 64]]

cylindrical portion of the joint (see figure J-4), or in the cylindrical 
portion (see figure J-5).
    (17) Mating parts comprising a pressed fit shall result in a minimum 
interference of 0.001 inch between the parts. The minimum length of the 
pressed fit shall be equal to the minimum thickness requirement of 
paragraph (g)(19) of this section for the material in which the fit is 
made.
    (18) The flame-arresting path of threaded joints shall conform to 
the requirements of paragraph (g)(19) of this section.
    (19) Explosion-proof enclosures shall meet the requirements set out 
in table J-2 of this section, based on the internal free volume of the 
empty enclosure.

                             Table J-2--Explosion-Proof Requirements Based on Volume
----------------------------------------------------------------------------------------------------------------
                                                                             Volume of empty enclosure
                                                                 -----------------------------------------------
                                                                   Less than 45    45 to 124 cu.   More than 124
                                                                     cu. ins.     ins. inclusive     cu. ins.
----------------------------------------------------------------------------------------------------------------
Minimum thickness of material for walls \1\.....................   \1/8\             eq>             eq>
Minimum thickness of material for flanges and covers............   \2\ \1/4\         thn-eq>         thn-eq>
Minimum width of joint; all in one plane........................   \1/2\
                                                                             eq>             eq>
Maximum clearance; joint all in one plane.......................  0.002         thn-eq>         thn-eq>
Maximum clearances; joint in two or more planes, cylinders or
 equivalent: \5\
    (a) Portion perpendicular to plane \6\......................  0.008             eq>             eq>
Minimum thread engagement of fastening \10\.....................   \1/4\             eq>             eq>
Maximum diametrical clearance between fastening body and          \1/64\             eq>             eq>
Minimum distance from interior of enclosure to the edge of a      ..............  ..............  ..............
 fastening hole: 8,13
    Joint--minimum width 1...........................  ..............  ..............  \14\ \7/16\
    Joint--less than 1 wide..........................   \1/8\             eq>
-----------------------------------------------------------------
                                               Cylindrical Joints
----------------------------------------------------------------------------------------------------------------
Shaft centered by ball or roller bearings:
  Minimum length of flame-arresting path........................   \1/2\
                                                                             eq>             eq>
  Maximum diametrical clearance.................................  0.020
                                                                             eq>             eq>
    Maximum diametrical clearance...............................  0.006 in diameter. The
  length of the flame-arresting path shall not be reduced when a pushbutton is depressed. Operating rods shall
  have a shoulder or head on the portion inside the enclosure. Essential parts riveted or bolted to the inside
  portion are acceptable in lieu of a head or shoulder, but cotter pins and similar devices shall not be used.
\16\ 6 with a minimum of 4 fastenings.
\17\ 8 with a minimum of 4 fastenings.

    (h) Lead entrances. (1) Each cable, which extends through an outside 
wall of the motor assembly, shall pass through a stuffing-box lead 
entrance (see figure J-7). All sharp edges shall be removed from 
stuffing boxes, packing nuts, and other lead entrance (gland) parts, so 
that the cable jacket is not damaged.
    (2) When the packing is properly compressed, the gland nut shall 
have--
    (i) A clearance distance of \1/8\ inch or more, with no maximum, to 
travel without interference by parts other than packing; and
    (ii) A minimum of three effective threads engaged (see figures J-8, 
J-9, and J-10).
    (3) Packing nuts (see figure J-7) and stuffing boxes shall be 
secured against loosening (see figure J-11).
    (4) Compressed packing material shall be in contact with the cable 
jacket for a length of not less than \1/2\ inch.
    (5) Requirements for lead entrances in which MSHA accepted rope 
packing material is specified, are:
    (i) Rope packing material shall be acceptable under Sec. 18.37(e) 
of this chapter.
    (ii) The width of the space for packing material shall not exceed by 
more than 50 percent the diameter or width of the uncompressed packing 
material (see figure J-12).
    (iii) The maximum diametrical clearance, using the specified 
tolerances, between the cable and the through holes in the gland parts 
adjacent to the packing (stuffing box, packing nut, hose tube, or 
bushings) shall not exceed 75 percent of the nominal diameter or width 
of the packing material (see figure J-13).
    (6) Requirements for lead entrances in which grommet packing made of 
compressible material is specified, are:
    (i) The grommet packing material shall be accepted by MSHA as flame-
resistant material under Sec. 18.37(f)(1) of this chapter.
    (ii) The diametrical clearance between the cable jacket and the 
nominal inside diameter of the grommet shall not exceed \1/16\ inch, 
based on the nominal specified diameter of the cable (see figure J-14).
    (iii) The diametrical clearance between the nominal outside diameter 
of the grommet and the inside wall of the stuffing box shall not exceed 
\1/16\ inch (see figure J-14).
    (i) Combustible gases from insulating material. (1) Insulating 
materials that give off flammable or explosive gases when decomposed 
electrically shall not be used within explosion-proof enclosures where 
the materials are subjected to destructive electrical action.
    (2) Parts coated or impregnated with insulating materials shall be 
treated to remove any combustible solvent before assembly in an 
explosion-proof enclosure.



Sec. 7.305  Critical characteristics.

    The following critical characteristics shall be inspected on each 
motor assembly to which an approval marking is affixed:
    (a) Finish, width, and planarity of surfaces that form any part of a 
flame-arresting path.
    (b) Clearances between mating parts that form flame-arresting paths.
    (c) Thickness of walls, flanges, and covers that are essential in 
maintaining the explosion-proof integrity of the enclosure.

[[Page 66]]

    (d) Spacing of fastenings.
    (e) Length of thread engagement on fastenings and threaded parts 
that assure the explosion-proof integrity of the enclosure.
    (f) Use of lockwasher or equivalent with all fastenings.
    (g) Dimensions which affect compliance with the requirements for 
packing gland parts in Sec. 7.304 of this part.



Sec. 7.306  Explosion tests.

    (a) The following shall be used for conducting an explosion test:
    (1) An explosion test chamber designed and constructed to contain an 
explosive gas mixture to surround and fill the motor assembly being 
tested. The chamber must be sufficiently darkened and provide viewing 
capabilities of the flame-arresting paths to allow observation during 
testing of any discharge of flame or ignition of the explosive mixture 
surrounding the motor assembly.
    (2) A methane gas supply with at least 98 by volume per centum of 
combustible hydrocarbons, with the remainder being inert. At least 80 
percent by volume of the gas shall be methane.
    (3) Coal dust having a minimum of 22 percent dry volatile matter and 
a minimum heat constant of 11,000 moist BTU (coal containing natural bed 
moisture but not visible surface water) ground to a fineness of minus 
200 mesh U.S. Standard sieve series.
    (4) An electric spark ignition source with a minimum of 100 
millijoules of energy.
    (5) A pressure recording system that will indicate the pressure 
peaks resulting from the ignition and combustion of explosive gas 
mixtures within the enclosure being tested.
    (b) General test procedures. (1) Motor assemblies being tested 
shall--
    (i) Be equipped with unshielded bearings regardless of the type of 
bearings specified; and
    (ii) Have all parts that do not contribute to the operation or 
assure the explosion-proof integrity of the enclosure, such as oil 
seals, grease fittings, hose conduit, cable clamps, and outer bearing 
caps (which do not house the bearings) removed from the motor assembly.
    (2) Each motor assembly shall be placed in the explosion test 
chamber and tested as follows:
    (i) The motor assembly shall be filled with and surrounded by an 
explosive mixture of the natural gas supply and air. The chamber gas 
concentrations shall be between 6.0 by volume per centum and the motor 
assembly natural gas concentration just before ignition of each test. 
Each externally visible flame-arresting path fit shall be observed for 
discharge of flames for at least two of the tests, including one with 
coal dust added.
    (ii) A single spark source is used for all testing. Pressure shall 
be measured at each end of the winding compartment simultaneously during 
all tests. Quantity and location of test holes shall permit ignition on 
each end of the winding compartment and recording of pressure on the 
same and opposite ends as the ignition.
    (iii) Motor assemblies incorporating a conduit box shall have the 
pressure in the conduit box recorded simultaneously with the other 
measured pressures during all tests. Quantity and location of test holes 
in the conduit box shall permit ignition and recording of pressure as 
required in paragraphs (c)(1) and (c)(4)(i) of this section.
    (iv) The motor assembly shall be completely purged and recharged 
with a fresh explosive gas mixture from the chamber or by injection 
after each test. The chamber shall be completely purged and recharged 
with a fresh explosive gas mixture as necessary. The oxygen level of the 
chamber gas mixture shall be no less than 18 percent by volume for 
testing. In the absence of oxygen monitoring equipment, the maximum 
number of tests conducted before purging shall be less than or equal to 
the chamber volume divided by forty times the volume occupied by the 
motor assembly.
    (c) Test procedures. (1) Eight tests at 9.40.4 
percent methane by volume within the winding compartment shall be 
conducted, with the rotor stationary during four tests and rotating at 
rated speed (rpm) during four tests. The ignition shall be at one end of 
the winding compartment for two stationary and two rotating tests, and 
then switched to the opposite end for the remaining

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four tests. If a nonisolated conduit box is used, then two additional 
tests, one stationary and one rotating, shall be conducted with ignition 
in the conduit box at a point furthest away from the opening between the 
conduit box and the winding compartment.
    (2) Four tests at 7.00.3 percent methane by 
volume within the winding compartment shall be conducted with the rotor 
stationary, 2 ignitions at each end.
    (3) Four tests at 9.40.4 percent methane by 
volume plus coal dust shall be conducted. A quantity of coal dust equal 
to 0.05 ounces per cubic foot of internal free volume of the winding 
compartment plus the nonisolated conduit box shall be introduced into 
each end of the winding compartment and nonisolated conduit box to coat 
the interior surface before conducting the first of the four tests. The 
coal dust introduced into the conduit box shall be proportional to its 
volume. The remaining coal dust shall be equally divided between the 
winding compartment ends. For two tests, one stationary and one 
rotating, the ignition shall be either in the conduit box or one end of 
the connected winding compartment, whichever produced the highest 
pressure in the previous tests. The two remaining tests, one stationary 
and one rotating, shall be conducted with the ignition in the winding 
compartment end furthest away from the conduit box.
    (4) For motor assemblies incorporating a conduit box which is 
isolated from the winding compartment by an isolating barrier the 
following additional tests shall be conducted--
    (i) For conduit boxes with an internal free volume greater than 150 
cubic inches, two ignition points shall be used, one as close to the 
geometric center of the conduit box as practical and the other at the 
furthest point away from the isolating barrier between the conduit box 
and the winding compartment. Recording of pressure shall be on the same 
and opposite sides as the ignition point furthest from the isolating 
barrier between the conduit box and the winding compartment. Conduit 
boxes with an internal free volume of 150 cubic inches or less shall 
have one test hole for ignition located as close to the geometric center 
of the conduit box as practical and one for recording of pressure 
located on a side of the conduit box.
    (ii) The conduit box shall be tested separately. Six tests at 
9.40.4 percent methane by volume within the 
conduit box shall be conducted followed by two tests at 7.00.3 percent methane by volume. Then two tests at 
9.40.4 percent methane by volume with a quantity 
of coal dust equal to 0.05 ounces per cubic foot of internal free volume 
of the conduit box and meeting the specifications in paragraph (c)(3) of 
this section shall be conducted. For conduit boxes with an internal free 
volume of more than 150 cubic inches, the number of tests shall be 
evenly divided between each ignition point.
    (iii) The motor assembly shall be tested following removal of the 
isolating barrier or one sectionalizing terminal (as applicable). Six 
tests at 9.40.4 percent methane by volume in the 
winding compartment and conduit box shall be conducted using three 
ignition locations. The ignition shall be at one end of the winding 
compartment for one stationary and one rotating test; the opposite end 
for one stationary and one rotating test; and at the ignition point that 
produced the highest pressure on the previous test in paragraph 
(c)(4)(ii) of this section in the conduit box for one stationary and one 
rotating test. Motor assemblies that use multiple sectionalizing 
terminals shall have one test conducted as each additional terminal is 
removed. Each of these tests shall use the rotor state and ignition 
location that produced the highest pressure in the previous tests.
    (d) A motor assembly incorporating a conduit box that is isolated 
from the winding compartment that exhibits pressures exceeding 110 psig, 
while testing during removal of any or all isolating barriers as 
specified in paragraph (c)(4) of this section, shall have a warning 
statement on the approval plate. This statement shall warn that the 
isolating barrier must be maintained to ensure the explosion-proof 
integrity of the motor assembly. A statement is not required when the 
motor

[[Page 68]]

assembly has withstood a static pressure of twice the maximum pressure 
recorded in the explosion tests of paragraph (c)(4) of this section. The 
static pressure test shall be conducted on the motor assembly with all 
isolating barriers removed, and in accordance with Sec. 7.307 of this 
part.
    (e) Acceptable performance. Explosion tests of a motor assembly 
shall not result in--
    (1) Discharge of flames.
    (2) Ignition of the explosive mixture surrounding the motor assembly 
in the chamber.
    (3) Development of afterburning.
    (4) Rupture of any part of the motor assembly or any panel or 
divider within the motor assembly.
    (5) Clearances, in excess of those specified in this subpart, along 
accessible flame-arresting paths, following any necessary retightening 
of fastenings.
    (6) Pressure exceeding 110 psig, except as provided in paragraph (d) 
of this section unless the motor assembly has withstood a static 
pressure of twice the maximum pressure recorded in the explosion tests 
of this section following the static pressure test procedures of Sec. 
7.307 of this part.
    (7) Permanent deformation greater than 0.040 inches per linear foot.



Sec. 7.307  Static pressure test.

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



Sec. 7.308  Lockwasher equivalency test.

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



Sec. 7.309  Approval marking.

    Each approved motor assembly shall be identified by a legible and 
permanent approval plate inscribed with the assigned MSHA approval 
number and a warning statement as specified in Sec. 7.306(d) of this 
part. The plate shall be securely attached to the motor assembly in a 
manner that does not impair any explosion-proof characteristics.



Sec. 7.310  Post-approval product audit.

    Upon request by MSHA but not more than once a year, except for 
cause, the

[[Page 69]]

approval holder shall make a motor assembly available for audit at no 
cost.



Sec. 7.311  Approval checklist.

    Each motor assembly bearing an MSHA approval marking shall be 
accompanied by a list of items necessary for maintenance of the motor 
assembly as approved.

                    Appendix I to Subpart J of Part 7
[GRAPHIC] [TIFF OMITTED] TC22OC91.004


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[GRAPHIC] [TIFF OMITTED] TC22OC91.013

   Subpart K_Electric Cables, Signaling Cables, and Cable Splice Kits

    Source: 57 FR 61220, Dec. 23, 1992, unless otherwise noted.



Sec. 7.401  Purpose and effective date.

    This subpart establishes the flame-resistant requirements for 
approval of electric cables, signaling cables and cable splice kit 
designs. Applications for approval or extension of approval submitted 
after February 22, 1994 shall meet the requirements of this subpart.



Sec. 7.402  Definitions.

    The following definitions apply in this subpart.
    Component. Any material in a cable splice kit which becomes part of 
a splice.
    Conductor. A bare or insulated wire or combination of wires not 
insulated from one another, suitable for carrying an electric current.
    Electric Cable. An assembly of one or more insulated conductors of 
electric current under a common or integral jacket. A cable may also 
contain one or more uninsulated conductors.
    Jacket. A nonmetallic abrasion-resistant outer covering of a cable 
or splice.
    Power Conductor. An insulated conductor of a cable assembly through 
which the primary electric current or power is transmitted.
    Signaling Cable. A fiber optic cable, or a cable containing electric 
conductors of a cross-sectional area less than 14 AWG used 
where the circuit cannot deliver currents which would increase conductor 
temperatures beyond that established for the current-carrying capacity 
of the conductors.

[[Page 79]]

    Splice. The mechanical joining of one or more severed conductors in 
a single length of a cable including the replacement of insulation and 
jacket.
    Splice Kit. A group of materials and related instructions which 
clearly identify all components and detail procedures used in safely 
making a flame-resistant splice in an electric cable.



Sec. 7.403  Application requirements.

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



Sec. 7.404  Technical requirements.

    (a) Electric cables and splices shall be flame resistant when tested 
in accordance with Sec. 7.407.
    (b) Signaling cables shall be flame resistant when tested in 
accordance with Sec. 7.408.



Sec. 7.405  Critical characteristics.

    (a) A sample from each production run, batch, or lot of manufactured 
electric cable, signaling cable, or splice made from a splice kit shall 
be flame tested, or
    (b) A sample of the materials that contribute to the flame-resistant 
characteristic of the cable or splice and a sample of the cable or 
splice kit assembly shall be visually inspected or tested through other 
means for each production run, batch, or lot to ensure that the finished 
product meets the flame-resistance test.



Sec. 7.406  Flame test apparatus.

    The principal parts of the apparatus used to test for flame 
resistance of electric cables, signaling cables and splices shall 
include:
    (a) Test chamber. A rectangular enclosure measuring 17 inches deep 
by 14\1/2\ inches high by 39 inches wide and completely open at the top 
and front. The floor or base of the chamber shall be fabricated or lined 
with a noncombustible material that will not extinguish burning matter 
which may fall from the test specimen during testing. The chamber shall 
have permanent connections mounted to the back wall, sides, or floor of 
the chamber which extend to the sample end location. These are used to 
energize the electric cable and splice specimens. They are not used, but 
may stay in place, when testing signaling cables.
    (b) Specimen holder (support). A specimen holder (support) 
consisting of

[[Page 80]]

three separate metal rods each measuring approximately \3/16\ inch in 
diameter (nominal) to support the specimen. The horizontal portion of 
the rod which contacts the test specimen shall be approximately 12 
inches in length.
    (c) Gas ignition source. A standard natural gas type Tirrill burner, 
with a nominal inside diameter of \3/8\ inch, to apply the flame to the 
test specimen. The fuel for the burner shall be natural gas composed of 
at least 96 percent combustible hydrocarbons, with at least 80 percent 
being methane.
    (d) Current source. (For electric cables and splices only). A source 
of electric current (either alternating current or direct current) for 
heating the power conductors of the test specimen. The current source 
shall have a means to regulate current flow through the test specimen 
and have an open circuit voltage not exceeding the voltage rating of the 
test specimen.
    (e) Current measuring device. (For electric cables and splices 
only). An instrument to monitor the effective value of heating current 
flow through the power conductors of the specimen within an accuracy of 
1 percent.
    (f) Temperature measuring device. (For electric cables and splices 
only). An instrument to measure conductor temperature within an accuracy 
of 2 percent without the necessity of removing 
material from the test specimen in order to measure the temperature.



Sec. 7.407  Test for flame resistance of electric cables and cable 
          splices.

    (a) Test procedure. (1) For electric cables, prepare 3 specimens of 
cable, each 3 feet in length, by removing 5 inches of jacket material 
and 2\1/2\ inches of conductor insulation from both ends of each test 
specimen. For splices, prepare a splice specimen in each of 3 sections 
of MSHA-approved flame-resistant cable. The cable shall be of the type 
that the splice kit is designed to repair. The finished splice shall not 
exceed 18 inches or be less than 6 inches in length for test purposes. 
The spliced cables shall be 3 feet in length with the midpoint of the 
splice located 14 inches from one end. Both ends of each of the spliced 
cables shall be prepared by removing 5 inches of jacket material and 
2\1/2\ inches of conductor insulation. The type, amperage, voltage 
rating, and construction of the cable shall be compatible with the 
splice kit design. Each splice shall be made in accordance with the 
instructions provided with the splice kit.
    (2) Prior to testing, condition each test specimen for a minimum of 
24 hours at a temperature of 7010 [deg]F 
(21.15.5 [deg]C) and a relative humidity of 
5510 percent. These environmental conditions shall 
be maintained during testing.
    (3) For electric cables, locate the sensing element of the 
temperature measuring device 26 inches from one end of each test 
specimen. For splices, locate the sensing element 12 inches from the 
midpoint of the splice and 10 inches from the end of the cable. The 
sensing element must be secured so that it remains in direct contact 
with the metallic portion of the power conductor for the duration of the 
flame-resistant test. If a thermocouple-type temperature measuring 
instrument is used, connect the sensing element through the cable jacket 
and power conductor insulation. Other means for monitoring conductor 
temperature may be used, provided the temperature measurement is made at 
the same location. If the jacket and conductor insulation must be 
disturbed to insert the temperature measuring device, each must be 
restored as closely as possible to its original location and maintained 
there for the duration of the testing.
    (4) Center the test specimen horizontally in the test chamber on the 
three rods. The three rods shall be positioned perpendicular to the 
longitudinal axis of the test specimen and at the same height, which 
permits the tip of the inner cone from the flame of the gas burner, when 
adjusted in accordance with the test procedure, to touch the jacket of 
the test specimen. The specimen shall be maintained at this level for 
the duration of the flame test. The two outermost rods shall be placed 
so that 1 inch of cable jacket extends beyond each rod. For electric 
cables, the third rod shall be placed 14 inches from the end of the test 
specimen nearer the temperature monitoring location on the specimen. For 
splices, the third rod shall be placed between the splice and the 
temperature monitoring

[[Page 81]]

location at a distance 8 inches from the midpoint of the splice. The 
specimen shall be free from external air currents during testing.
    (5) Adjust the gas burner to give an overall blue flame 5 inches 
high with a 3-inch inner cone. There shall be no persistence of yellow 
coloration.
    (6) Connect all power conductors of the test specimen to the current 
source. The connections shall be secure and compatible with the size of 
the cable's power conductors in order to reduce contact resistance.
    (7) Energize all power conductors of the test specimen with an 
effective heating current value of 5 times the power conductor ampacity 
rating (to the nearest whole ampere) at an ambient temperature of 104 
[deg]F (40 [deg]C).
    (8) Monitor the electric current through the power conductors of the 
test specimen with the current measuring device. Adjust the amount of 
heating current, as required, to maintain the proper effective heating 
current value within 5 percent until the power 
conductors reach a temperature of 400 [deg]F (204.4 [deg]C).
    (9) For electric cables, apply the tip of the inner cone from the 
flame of the gas burner directly beneath the test specimen for 60 
seconds at a location 14 inches from one end of the cable and between 
the supports separated by a 16-inch distance. For splices, apply the tip 
of the inner cone from the flame of a gas burner for 60 seconds beneath 
the midpoint of the splice jacket.
    (10) After subjecting the test specimen to external flame for the 
specified time, fully remove the flame of the gas from beneath the 
specimen without disturbing air currents within the test chamber. 
Simultaneously turn off the heating current.
    (11) Record the amount of time the test specimen continues to burn 
after the flame from the gas burner has been removed. The duration of 
burning includes the burn time of any material that falls from the test 
specimen after the flame from the gas has been removed.
    (12) Record the length of burned (charred) area of each test 
specimen measured longitudinally along the cable axis.
    (13) Repeat the procedure for the remaining two specimens.
    (b) Acceptable performance. Each of the three test specimens shall 
meet the following criteria:
    (1) The duration of burning shall not exceed 240 seconds.
    (2) The length of the burned (charred) area shall not exceed 6 
inches.



Sec. 7.408  Test for flame resistance of signaling cables.

    (a) Test procedure. (1) Prepare 3 samples of cable each 2 feet long.
    (2) Prior to testing, condition each test specimen for a minimum of 
24 hours at a temperature of 7010 [deg]F 
(21.15.5 [deg]C) and relative humidity of 5510 percent. These environmental conditions shall be 
maintained during testing.
    (3) Center the test specimen horizontally in the test chamber on the 
three rods. The three rods shall be positioned perpendicular to the 
longitudinal axis of the test specimen and at the same height, which 
permits the tip of the inner cone from the flame of the gas burner, when 
adjusted in accordance with the test procedure, to touch the test 
specimen. The specimen shall be maintained at this height for the 
duration of the flame test. The two outermost rods shall be placed so 
that 1 inch of cable extends beyond each rod. The third rod shall be 
placed at the midpoint of the cable. The specimen shall be free from 
external air currents during testing.
    (4) Adjust the gas burner to give an overall blue flame 5 inches 
high with a 3-inch inner cone. There shall be no persistence of yellow 
coloration.
    (5) Apply the tip of the inner cone from the flame of the gas burner 
for 30 seconds directly beneath the specimen centered between either and 
support and the center support.
    (6) After subjecting the test specimen to external flame for the 
specified time, fully remove the flame of the gas from beneath the 
specimen without disturbing air currents within the test chamber.
    (7) Record the amount of time the test specimen continues to burn 
after the flame from the gas burner has been removed. The duration of 
burning includes the burn time of any material

[[Page 82]]

that falls from the test specimen after the flame from the gas has been 
removed.
    (8) Record the length of burned (charred) area of each test specimen 
measured longitudinally along the cable axis.
    (9) Repeat the procedure for the remaining two specimens.
    (b) Acceptable performance. Each of the three test specimens shall 
meet the following criteria:
    (1) The duration of burning shall not exceed 60 seconds.
    (2) The length of the burned (charred) area shall not exceed 6 
inches.



Sec. 7.409  Approval marking.

    Approved electric cables, signaling cables, and splices shall be 
legibly and permanently marked with the MSHA-assigned approval marking. 
For electric cables and signaling cables, the marking shall appear at 
intervals not exceeding 3 feet and shall include the MSHA-assigned 
approval number in addition to the number and size (gauge) of conductors 
and cable type. For cables containing electric conductors, the marking 
shall also include the voltage rating. For splices, the marking shall be 
placed on the jacket so that it will appear at least once on the 
assembled splice.



Sec. 7.410  Post-approval product audit.

    Upon request by MSHA, but no more than once a year except for cause, 
the approval holder shall supply to MSHA for audit at no cost--
    (a) 12 feet of an approved electric cable or approved signaling 
cable; or
    (b) 3 splice kits of one approved splice kit design and 12 feet of 
MSHA-assigned cable that the splice kit is designed to repair.



Sec. 7.411  New technology.

    MSHA may approve cable products or splice kits that incorporate 
technology for which the requirements of this subpart are not applicable 
if the Agency determines that they are as safe as those which meet the 
requirements of this subpart.

                           PART 11 [RESERVED]



PART 15_REQUIREMENTS FOR APPROVAL OF EXPLOSIVES AND SHEATHED EXPLOSIVE 
UNITS--Table of Contents




                      Subpart A_General Provisions

Sec.
15.1 Purpose and effective dates.
15.2 Definitions.
15.3 Observers at tests and evaluations.
15.4 Application procedures and requirements.
15.5 Test samples.
15.6 Issuance of approval.
15.7 Approval marking.
15.8 Quality assurance.
15.9 Disclosure of information.
15.10 Post-approval product audit.
15.11 Revocation.

            Subpart B_Requirements for Approval of Explosives

15.20 Technical requirements.
15.21 Tolerances for ingredients.
15.22 Tolerances for performance, wrapper, and specific gravity.

Subpart C_Requirements for Approval of Sheathed Explosive Units or Other 
 Explosive Units Designed to be Fired Outside the Confines of a Borehole

15.30 Technical requirements.
15.31 Tolerances for ingredients.
15.32 Tolerances for weight of explosive, sheath, wrapper, and specific 
          gravity.

    Authority: 30 U.S.C. 957.

    Source: 53 FR 46761, Nov. 18, 1988, unless otherwise noted.



                      Subpart A_General Provisions



Sec. 15.1  Purpose and effective dates.

    This part sets forth the requirements for approval of explosives and 
sheathed explosive units to be used in underground coal mines and 
certain underground metal and nonmetal gassy mines and is effective 
January 17, 1989. Those manufacturers proceeding under the provisions of 
the previous regulation may file requests for approval or extension of 
approval of explosives under that regulation until January 17, 1990. 
After January 17, 1990, all requests for approval or extension of 
approval of explosives or sheathed explosive units shall be made in 
accordance with Subpart A and the applicable subpart of this part. 
Explosives issued an approval

[[Page 83]]

under regulations in place prior to January 17, 1989, and in compliance 
with those regulations, may continue to be manufactured and marked as 
approved as long as no change to the explosive is made.

[FR 46761, Nov. 18, 1988; 54 FR 351, Jan. 5, 1989]



Sec. 15.2  Definitions.

    The following definitions apply in this part.
    Applicant. An individual or organization that manufactures or 
controls the production of an explosive or an explosive unit and that 
applies to MSHA for approval of that explosive or explosive unit.
    Approval. A document issued by MSHA which states that an explosive 
or explosive unit has met the requirements of this part and which 
authorizes an approval marking identifying the explosive or explosive 
unit as approved as permissible.
    Explosive. A substance, compound, or mixture, the primary purpose of 
which is to function by explosion.
    Extension of approval. A document issued by MSHA which states that 
the change to an explosive or explosive unit previously approved by MSHA 
under this part meets the requirements of this part and which authorizes 
the continued use of the approval marking after the appropriate 
extension number has been added.
    Minimum product firing temperature. The lowest product temperature 
at which the explosive or explosive unit is approved for use under this 
part.
    Post-approval product audit. Examination, testing, or both, by MSHA 
of approved explosives or explosive units selected by MSHA to determine 
whether they meet the technical requirements and have been manufactured 
as approved.
    Sheath. A chemical compound or mixture incorporated in a sheathed 
explosive unit and which forms a flame inhibiting cloud on detonation of 
the explosive.
    Sheathed explosive unit. A device consisting of an approved or 
permissible explosive covered by a sheath encased in a sealed covering 
and designed to be fired outside the confines of a borehole.
    Test detonator. An instantaneous detonator that has a strength 
equivalent to that of a detonator with a base charge of 0.40-0.45 grams 
PETN.

[FR 46761, Nov. 18, 1988; 54 FR 351, Jan. 5, 1989]



Sec. 15.3  Observers at tests and evaluations.

    Only personnel of MSHA and the Bureau of Mines, U.S. Department of 
the Interior, representatives of the applicant, and such other persons 
as agreed upon by MSHA and the applicant shall be present during tests 
and evaluations conducted under this part.



Sec. 15.4  Application procedures and requirements.

    (a) Application. Requests for an approval or an extension of 
approval under this part shall be sent to: U.S. Department of Labor, 
Mine Safety and Health Administration, Approval and Certification 
Center, P.O. Box 251, Industrial Park Road, Triadelphia, West Virginia 
26059.
    (b) Fees. Fees calculated in accordance with Part 5 of this Title 
shall be submitted in accordance with Sec. 5.40.
    (c) Original approval for explosives. Each application for approval 
of an explosive shall include--
    (1) A technical description of the explosive, including the chemical 
composition of the explosive with tolerances for each ingredient;
    (2) A laboratory number or other suitable designation identifying 
the explosive. The applicant shall provide the brand or trade name under 
which the explosive will be marketed prior to issuance of the approval;
    (3) The lengths and diameters of explosive cartridges for which 
approval is requested;
    (4) The proposed minimum product firing temperature of the 
explosive; and
    (5) The name, address, and telephone number of the applicant's 
representative responsible for answering any questions regarding the 
application.
    (d) Original approval for sheathed explosive units. Each application 
for approval of a sheathed explosive unit shall include--
    (1) A technical description of the sheathed explosive unit which 
includes

[[Page 84]]

the chemical composition of the sheath, with tolerances for each 
ingredient, and the types of material used for the outer covering;
    (2) The minimum thickness weight, and specific gravity of the sheath 
and outer covering;
    (3) The brand or trade name, weight, specific gravity, and minimum 
product firing temperature of the approved explosive to be used in the 
unit;
    (4) The ratio of the weight of the sheath to the weight of the 
explosive; and
    (5) The name, address and telephone number of the applicant's 
representative responsible for answering any questions regarding the 
application.
    (e) Subsequent approval of a similar explosive or sheathed explosive 
unit. Each application for approval of an explosive or sheathed 
explosive unit similar to one for which the applicant already holds an 
approval shall include--
    (1) The approval number of the explosive or sheathed explosive unit 
which most closely resembles the new one;
    (2) The information specified in paragraphs (c) and (d) of this 
section for an original approval, as applicable, except that any 
document which is the same as the one listed by MSHA in the prior 
approval need not be submitted but shall be noted in the application; 
and
    (3) An explanation of all changes from the existing approval.
    (f) Extension of the approval. Any change in an approved explosive 
or sheathed explosive unit from the documentation on file at MSHA that 
affects the technical requirements of this Part shall be submitted for 
approval prior to implementing the change.
    (1) Each application for an extension of approval shall include--
    (i) The MSHA-assigned approval number for the explosive or sheathed 
explosive unit for which the extension is sought;
    (ii) A description of the proposed change to the approved explosive 
or sheathed explosive unit; and
    (iii) The name, address, and telephone number of the applicant's 
representative responsible for answering any questions regarding the 
application.
    (2) MSHA will determine what tests, additional information, samples, 
or material, if any, are required to evaluate the proposed change.
    (3) When a change involves the chemical composition of an approved 
explosive or sheathed explosive unit which affects the firing 
characteristics, MSHA may require the explosive or sheathed explosive 
unit to be distinguished from those associated with the former 
composition.

[FR 46761, Nov. 18, 1988; 54 FR 351, Jan. 5, 1989; 60 FR 33723, June 29, 
1995]



Sec. 15.5  Test samples.

    (a) Submission of test samples. (1) The applicant shall not submit 
explosives or sheathed explosive units to be tested until requested to 
do so by MSHA.
    (2) The applicant shall submit 70 pounds of 1\1/4\-inch diameter 
explosives and additional cartridges in the amount of 3200 divided by 
the length in inches, except for cartridges 12, 20 and greater than 36 
inches long. The applicant shall submit 70 pounds and additional 
cartridges in the amount of 3800 divided by the length in inches for 
cartridges 12, 20 and greater than 36 inches long.
    (3) If approval is requested for cartridges in diameters less than 
1-\1/4\ inches, the applicant shall submit a number of cartridges equal 
to 1800 divided by the length in inches, except for cartridges 12, 20 
and greater than 36 inches long. The applicant shall submit cartridges 
in the amount of 2200 divided by the length in inches for cartridges 12, 
20 and greater than 36 inches long.
    (4) If approval is requested for cartridges in diameters larger than 
1-\1/4\ inches, the applicant shall submit an additional 10 cartridges 
of each larger diameter.
    (5) If approval is requested for cartridges in more than one length, 
the applicant shall submit an additional 10 cartridges for each 
additional length and diameter combination.
    (6) Each applicant seeking approval of sheathed explosive units 
shall submit 140 units.
    (b) Condition and composition. Explosives and sheathed explosive 
units will not be tested that--
    (1) Contain chlorites, chlorates, or substances that will react over 
an extended time and cause degradation of

[[Page 85]]

the explosive or sheathed explosive unit;
    (2) Are chemically unstable;
    (3) Show leakage;
    (4) Use aluminum clips to seal the cartridge;
    (5) Contain any combination of perchlorate and aluminum;
    (6) Contain more than 5 percent perchlorate; or
    (7) Contain any perchlorate and less than 5 percent water.
    (c) Storage. Explosives and sheathed explosive units shall be stored 
in a magazine for at least 30 days before gallery tests are conducted.



Sec. 15.6  Issuance of approval.

    (a) MSHA will issue an approval or a notice of the reasons for 
denying approval after completing the evaluation and testing provided 
for by this part.
    (b) An applicant shall not advertise or otherwise represent an 
explosive or sheathed explosive unit as approved until MSHA has issued 
an approval.



Sec. 15.7  Approval marking.

    (a) An approved explosive or sheathed explosive unit shall be 
marketed only under the brand or trade name specified in the approval.
    (b) The wrapper of each cartridge and each case of approved 
explosives shall be legibly labeled with the following: the brand or 
trade name, ``MSHA Approved Explosive'', the test detonator strength, 
and the minimum product firing temperature.
    (c) The outer covering of each sheathed explosive unit and each case 
of approved sheathed explosive units shall be legibly labeled with the 
following: the brand or trade name, ``MSHA Approved Sheathed Explosive 
Unit'', the test detonator strength, and the minimum product firing 
temperature.

[FR 46761, Nov. 18, 1988; 54 FR 351, Jan. 5, 1989; 54 FR 27641, June 30, 
1989; 60 FR 33723, June 29, 1995]



Sec. 15.8  Quality assurance.

    (a) Applicants granted an approval or an extension of approval under 
this part shall manufacture the explosive or sheathed explosive unit as 
approved.
    (b) Applicants shall immediately report to the MSHA Approval and 
Certification Center, any knowledge of explosives or sheathed explosive 
units that have been distributed that do not meet the specifications of 
the approval.

[53 FR 46761, Nov. 18, 1988, as amended at 60 FR 33723, June 29, 1995]



Sec. 15.9  Disclosure of information.

    (a) All information concerning product specifications and 
performance submitted to MSHA by the applicant shall be considered 
proprietary information.
    (b) MSHA will notify the applicants of requests for disclosure of 
information concerning its explosives or sheathed explosive units and 
shall give the applicant an opportunity to provide MSHA with a statement 
of its position prior to any disclosure.



Sec. 15.10  Post-approval product audit.

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



Sec. 15.11  Revocation.

    (a) MSHA may revoke for cause an approval issued under this part if 
the explosive or sheathed explosive unit--

[[Page 86]]

    (1) Fails to meet the applicable technical requirements; or
    (2) Creates a hazard when used in a mine.
    (b) Prior to revoking an approval, the approval-holder shall be 
informed in writing of MSHA's intention to revoke. The notice shall--
    (1) Explain the specific reasons for the proposed revocation; and
    (2) Provide the approval-holder an opportunity to demonstrate or 
achieve compliance with the product approval requirements.
    (c) Upon request, the approval-holder shall be afforded an 
opportunity for a hearing.
    (d) If an explosive or sheathed explosive unit poses an imminent 
hazard to the safety or health of miners, the approval may be 
immediately suspended without a written notice of the agency's intention 
to revoke. The suspension may continue until the revocation proceedings 
are completed.



            Subpart B_Requirements for Approval of Explosives



Sec. 15.20  Technical requirements.

    (a) Chemical composition. The chemical composition of the explosive 
shall be within the tolerances furnished by the applicant.
    (b) Rate-of-detonation test. The explosive shall propagate 
completely in the rate-of-detonation tesst. The test is conducted at an 
ambient temperature between 68 and 86 [deg]F. Nongelatinous explosives 
are initiated with a test detonator only, while gelatinous explosives 
are initiated with a test detonator and a 60-gram tetryl pellet booster. 
The test is conducted on--
    (1) A 50-inch column of 1\1/4\ inch diameter cartridges; and
    (2) A 50-inch column of the smallest diameter cartridges less than 
1\1/4\ inches submitted for testing.
    (c) Air-gap sensitivity. The air-gap sensitivity of the explosive 
shall be at least 2 inches at the minimum product firing temperature and 
3 inches at a temperature between 68 and 86 [deg]F, and the explosive 
shall propagate completely.
    (1) Air-gap sensitivity of the explosive is determined in the 
explosion-by-influence test using the 7-inch cartridge method. The air-
gap sensitivity is determined for 1\1/4\ inch diameter cartridges and 
each cartridge diameter smaller than 1\1/4\ inches. Explosives are 
initiated with a test detonator.
    (2) The 7-inch cartridge method is conducted with two 8-inch 
cartridges. One inch is cut off the end of each cartridge. The 
cartridges are placed in a paper tube, the cut ends facing each other, 
with the appropriate 2-inch or 3-inch air gap between them. The test is 
conducted at a temperature between 68 and 86 [deg]F and at the minimum 
product firing temperature proposed by the applicant, or 41 [deg]F, 
whichever is lower. The test temperature at which the explosive 
propagates completely will be specified in the approval as the minimum 
product firing temperature at which the explosive is approved for use.
    (d) Gallery Test 7. The explosive shall yield a value of at least 
450 grams for the lower 95 percent confidence limit (L95) on 
the weight for 50 percent probability of ignition (W50) in 
gallery test 7 and shall propagate completely. The L95 and 
W50 values for the explosive are determined by using the 
Bruceton up-and-down method. A minimum of 20 trials are made with 
explosive charges of varying weights, including wrapper and seals. Each 
charge is primed with a test detonator, then tamped and stemmed with one 
pound of dry-milled fire clay into the borehole of a steel cannon. The 
cannon is fired into air containing 7.7 to 8.3 percent of natural gas. 
The air temperature is between 68 and 86 [deg]F.
    (e) Gallery Test 8. The explosive shall yield a value of at least 
350 grams for the weight for 50 percent probability of ignition 
(WCDG) in gallery test 8 and shall propagate completely. The 
(WCDG) value for the explosive is determined using the 
Bruceton up-and-down method. A minimum of 10 tests are made with 
explosive charges of varying weights, including wrapper and seals. Each 
charge is primed with a test detonator, then tamped into the borehole of 
a steel cannon. The cannon is fired into a mixture of 8 pounds of 
bituminous coal dust predispersed into 640 cubic feet of air containing 
3.8 to 4.2 percent of natural gas. The air temperature is between 68 and 
86 [deg]F.

[[Page 87]]

    (f) Pendulum-friction test. The explosive shall show no perceptible 
reaction in the pendulum-friction test with the hard fiber-faced shoe. 
Ten trials of the test are conducted by releasing the steel shoe from a 
height of 59 inches. If there is evidence of sensitivity, the test is 
repeated with the hard fiber-faced shoe.
    (g) Toxic gases. The total volume equivalent to carbon monoxide (CO) 
of toxic gases produced by detonation of the explosive shall not exceed 
2.5 cubic feet per pound of explosive as determined in the large chamber 
test. The explosive shall propagate completely.
    (1) The large chamber test is conducted with a one-pound explosive 
charge, including wrapper and seal, primed with a test detonator. The 
explosive charge is loaded into the borehole of a steel cannon, then 
tamped and stemmed with one pound of dry-milled fire clay. The cannon is 
fired into the large chamber and the gaseous products resulting from 
detonation of the explosive are collected and analyzed for toxic gases. 
At least two trials are conducted.
    (2) The equivalent volume of each toxic gas produced, relative to 
CO, is determined by multiplying the measured volume of the gas by a 
conversion factor. The conversion factor is equal to the threshold limit 
value, time weighted average (TLV-TWA) in parts-per-million for CO 
divided by the TLV-TWA for the toxic gas. The TLV-TWA conversion factor 
for each gas for which MSHA shall test is specified in Table I of this 
subpart. The total volume equivalent to CO of the toxic gases produced 
by detonation of the explosive is the sum of the equivalent volumes of 
the individual toxic gases.

               Table I--Conversion Factors for Toxic Gases
           [For Equivalent Volume Relative to Carbon Monoxide]
------------------------------------------------------------------------
                                                         Toxic Gas
                                                  ----------------------
                                                   Conversion   TLV-TWA
                                                     Factor      (PPM)
------------------------------------------------------------------------
Ammonia..........................................           2         25
Carbon Dioxide...................................        0.01       5000
Carbon Monoxide..................................           1         50
Hydrogen Sulfide.................................           5         10
Nitric Oxide.....................................           2         25
Nitrogen Dioxide.................................          17          3
Sulfur Dioxide...................................          25          2
------------------------------------------------------------------------

    (h) Cartridge diameter and length changes. (1) For proposed changes 
to an approved explosive involving only cartridge diameter or length, 
MSHA will determine what tests, if any, will be required.
    (2) When a proposed change to an approved explosive involves a 
smaller diameter than that specified in the approval, the rate-of-
detonation and air-gap sensitivity tests will be conducted.
    (3) No test will be conducted on cartridges with diameters the same 
as or smaller than those that previously failed to detonate in the rate-
of-detonation test.
    (i) New technology. MSHA may approve an explosive that incorporates 
technology for which the requirements of this subpart are not applicable 
if MSHA determines that the explosive is as safe as those which meet the 
requirements of this subpart.



Sec. 15.21  Tolerances for ingredients.

    Tolerances for each ingredient in an explosive, which are expressed 
as a percentage of the total explosive, shall not exceed the following:
    (a) Physical sensitizers: The tolerances established by the 
applicant;
    (b) Aluminum: 0.7 percent;
    (c) Carbonaceous materials: 3 percent; and
    (d) Moisture and ingredients other than specified in paragraphs (a), 
(b), and (c) of this section: The tolerances specified in Table II.

         Table II--Tolerances for Moisture and Other Ingredients
------------------------------------------------------------------------
 Quantity of ingredients (as percent of total explosive or    Tolerance
                          sheath)                              percent
------------------------------------------------------------------------
0 to 5.0...................................................          1.2
5.1 to 10.0................................................          1.5
10.1 to 20.0...............................................          1.7
20.1 to 30.0...............................................          2.0
30.1 to 40.0...............................................          2.3
40.1 to 50.0...............................................          2.5
50.1 to 55.0...............................................          2.8
55.1 to 100.0..............................................          3.0
------------------------------------------------------------------------



Sec. 15.22  Tolerances for performance, wrapper, and specific gravity.

    (a) The rate of detonation of the explosive shall be within 15 percent of that specified in the approval.
    (b) The weight of wrapper per 100 grams of explosive shall be within 
2 grams of that specified in the approval.

[[Page 88]]

    (c) The apparent specific gravity of the explosive shall be within 
7.5 percent of that specified in the approval.



Subpart C_Requirements for Approval of Sheathed Explosive Units or Other 
 Explosive Units Designed to be Fired Outside the Confines of a Borehole



Sec. 15.30  Technical requirements.

    (a) Quantity of explosive. The sheathed explosive unit shall contain 
not more than 1\1/2\ pounds of an approved or permissible explosive.
    (b) Chemical composition. The chemical composition of the sheath 
shall be within the tolerances furnished by the applicant.
    (c) Detonator well. The sheathed explosive unit shall have a 
detonator well that--
    (1) Is protected by a sealed covering;
    (2) Permits an instantaneous detonator to be inserted in the unit 
with the detonator completely embedded in the well;
    (3) Is provided with a means of securing the detonator in the well; 
and
    (4) Is clearly marked.
    (d) Drop test. The outer covering of the sheathed explosive unit 
shall not tear or rupture and the internal components shall not shift 
position or be damaged in the drop test.
    (1) The drop test is conducted on at least 10 sheathed explosive 
units. Each unit is dropped on its top, bottom, and edge from a height 
of 6 feet onto a concrete surface. For units with explosives approved 
with a minimum product firing temperature, the drop test is performed 
with the unit at the minimum product firing temperature established for 
the explosive in the unit. For units with explosives approved under 
regulations in effect prior to January 17, 1989, the drop test is 
performed with the unit at 41 [deg]F.
    (2) At least four units which have been drop-tested shall be cut-
open and examined.
    (3) At least six units which have been drop-tested shall be 
subjected to gallery tests 9 and 10 as provided in paragraphs (e)(1) and 
(e)(2) of this section.
    (e) Gallery tests. No sheathed explosive unit shall cause an 
ignition in gallery tests 9, 10, 11, or 12. Ten trials in each gallery 
test shall be conducted and each sheathed explosive unit shall propagate 
completely in all tests.
    (1) Gallery test 9 is conducted in each trial with three sheathed 
explosive units placed in a row 2 feet apart. One of the trials is 
conducted with sheathed explosive units which have been subjected to the 
drop test as provided in paragraph (d)(3) of this section. The units are 
placed on a concrete slab, primed with test detonators and fired in air 
containing 7.7 to 8.3 percent natural gas or 8.7 to 9.3 percent methane. 
The air temperature is between 41 and 86 [deg]F.
    (2) Gallery test 10 is conducted in each trial with three sheathed 
explosive units placed in a row 2 feet apart. One of the trials is 
conducted with sheathed explosive units which have been subjected to the 
drop test as provided in paragraph (d)(3) of this section. The units are 
placed on a concrete slab, primed with test detonators and fired in air 
containing 3.8 to 4.2 percent natural gas, or 4.3 to 4.7 percent 
methane, mixed with 0.2 ounces per cubic foot of predispersed bituminous 
coal dust. The air temperature is between 41 and 86 [deg]F.
    (3) Gallery test 11 is conducted in each trial with three sheathed 
explosive units arranged in a triangular pattern with the units in 
contact with each other. The units are placed in a simulated crevice 
formed between two square concrete slabs, each measuring 24 inches on a 
side and 2 inches in thickness. The crevice is formed by placing one 
slab on top of the other and raising the edge of the upper slab at least 
4 inches. The sheathed explosive units are primed with test detonators 
and fired in air containing 7.7 to 8.3 percent natural gas or 8.7 to 9.3 
percent methane. The air temperature is between 41 and 86 [deg]F.
    (4) Gallery test 12 is conducted in each trial with three sheathed 
explosive units arranged in a triangular pattern with the units in 
contact with each other. The units are placed in a corner formed by 
three square steel plates, each measuring 24 inches on a side and one 
inch in thickness. The sheathed explosive units are primed with test 
detonators and fired in air containing 7.7 to 8.3 percent natural

[[Page 89]]

gas or 8.7 to 9.3 percent methane. The air temperature is between 41 and 
86 [deg]F.
    (f) Detonation test. Each of ten sheathed explosive units shall 
propagate completely when fired at the minimum product firing 
temperature for the explosive used in the unit or 41 [deg]F for units 
with explosives approved under regulations in effect prior to January 
17, 1989. The units are initiated with test detonators.
    (g) New technology. MSHA may approve an explosive unit designed to 
be fired outside the confines of a borehole that incorporates technology 
for which the requirements of this subpart are not applicable if MSHA 
determines that such explosive unit is as safe as those which meet the 
requirements of this subpart.

[FR 46761, Nov. 18, 1988; 54 FR 351, Jan. 5, 1989]



Sec. 15.31  Tolerances for ingredients.

    Tolerances established by the applicant for each ingredient in the 
sheath shall not exceed the tolerances specified in Table II Sec. 15.21 
of this part.



Sec. 15.32  Tolerances for weight of explosive, sheath, wrapper, and 
specific gravity.

    (a) The weight of the explosive, the sheath, and the outer covering 
shall each be within 7.5 percent of that specified 
in the approval.
    (b) The ratio of the weight of the sheath to that of the explosive 
shall be within 7.5 percent of that specified in 
the approval.
    (c) The specific gravity of the explosive and sheath shall be within 
7.5 percent of that specified in the approval.



PART 18_ELECTRIC MOTOR-DRIVEN MINE EQUIPMENT AND ACCESSORIES
--Table of Contents




                      Subpart A_General Provisions

Sec.
18.1 Purpose.
18.2 Definitions.
18.3 Consultation.
18.4 Electrical equipment for which approval is issued.
18.5 Equipment for which certification will be issued.
18.6 Applications.
18.7 [Reserved]
18.8 Date for conducting investigation and tests.
18.9 Conduct of investigations and tests.
18.10 Notice of approval or disapproval.
18.11 Approval plate.
18.12 Letter of certification.
18.13 Certification plate.
18.14 Identification of tested noncertified explosion-proof enclosures.
18.15 Changes after approval or certification.
18.16 Withdrawal of approval, certification, or acceptance.

             Subpart B_Construction and Design Requirements

18.20 Quality of material, workmanship, and design.
18.21 Machines equipped with powered dust collectors.
18.22 Boring-type machines equipped for auxiliary face ventilation.
18.23 Limitation of external surface temperatures.
18.24 Electrical clearances.
18.25 Combustible gases from insulating material.
18.26 Static electricity.
18.27 Gaskets.
18.28 Devices for pressure relief, ventilation, or drainage.
18.29 Access openings and covers, including unused lead-entrance holes.
18.30 Windows and lenses.
18.31 Enclosures--joints and fastenings.
18.32 Fastenings--additional requirements.
18.33 Finish of surface joints.
18.34 Motors.
18.35 Portable (trailing) cables and cords.
18.36 Cables between machine components.
18.37 Lead entrances.
18.38 Leads through common walls.
18.39 Hose conduit.
18.40 Cable clamps and grips.
18.41 Plug and receptacle-type connectors.
18.42 Explosion-proof distribution boxes.
18.43 Explosion-proof splice boxes.
18.44 Non-intrinsically safe battery-powered equipment.
18.45 Cable reels.
18.46 Headlights.
18.47 Voltage limitation.
18.48 Circuit-interrupting devices.
18.49 Connection boxes on machines.
18.50 Protection against external arcs and sparks.
18.51 Electrical protection of circuits and equipment.
18.52 Renewal of fuses.
18.53 High-voltage longwall mining systems.

                     Subpart C_Inspections and Tests

18.60 Detailed inspection of components.
18.61 Final inspection of complete machine.

[[Page 90]]

18.62 Tests to determine explosion-proof characteristics.
18.63 [Reserved]
18.65 Flame test of conveyor belting and hose.
18.66 Tests of windows and lenses.
18.67 Static-pressure tests.
18.68 Tests for intrinsic safety.
18.69 Adequacy tests.

     Subpart D_Machines Assembled With Certified or Explosion-Proof 
Components, Field Modifications of Approved Machines, and Permits To Use 
                         Experimental Equipment

18.80 Approval of machines assembled with certified or explosion-proof 
          components.
18.81 Field modification of approved (permissible) equipment; 
          application for approval of modification; approval of plans 
          for modification before modification.
18.82 Permit to use experimental electric face equipment in a gassy mine 
          or tunnel.

Appendix I to Subpart D--List of Tables
Appendix II to Subpart D--List of Figures

   Subpart E_Field Approval of Electrically Operated Mining Equipment

18.90 Purpose.
18.91 Electric equipment for which field approvals will be issued.
18.92 Quality of material and design.
18.93 Application for field approval; filing procedures.
18.94 Application for field approval; contents of application.
18.95 Approval of machines constructed of components approved, accepted 
          or certified under Bureau of Mines Schedule 2D, 2E, 2F, or 2G.
18.96 Preparation of machines for inspection; requirements.
18.97 Inspection of machines; minimum requirements.
18.98 Enclosures, joints, and fastenings; pressure testing.
18.99 Notice of approval or disapproval; letters of approval and 
          approval plates.

    Authority: 30 U.S.C. 957, 961.

    Source: 33 FR 4660, Mar. 19, 1968, unless otherwise noted.



                      Subpart A_General Provisions



Sec. 18.1  Purpose.

    The regulations in this part set forth the requirements to obtain 
MSHA: Approval of electrically operated machines and accessories 
intended for use in gassy mines or tunnels, certification of components 
intended for use on or with approved machines, permission to modify the 
design of an approved machine or certified component, acceptance of 
flame-resistant hoses and conveyor belts, sanction for use of 
experimental machines and accessories in gassy mines or tunnels; also, 
procedures for applying for such approval, certification, acceptance for 
listing.

[43 FR 12313, Mar. 24, 1978, as amended at 52 FR 17514, May 8, 1987; 57 
FR 61223, Dec. 23, 1992]



Sec. 18.2  Definitions.

    As used in this part--
    Acceptance means written notification by MSHA that a hose or 
conveyor belt has met the applicable requirements of this part and will 
be listed by MSHA as acceptable flame-resistant auxiliary equipment.
    Acceptance marking means an identifying marking indicating that the 
hose or conveyor belt has been accepted by MSHA for listing as flame 
resistant.
    Accessory means associated electrical equipment, such as a 
distribution or splice box, that is not an integral part of an approved 
(permissible) machine.
    Assistant Secretary means the Assistant Secretary of Labor for Mine 
Safety and Health.
    Afterburning means the combustion of a flammable mixture that is 
drawn into a machine compartment after an internal explosion in the 
compartment.
    Applicant means an individual, partnership, company, corporation, 
organization, or association that designs, manufactures, assembles, or 
controls the assembly of an electrical machine or accessory and seeks 
approval, certification, or permit, or MSHA acceptance for listing of 
flame-resistant hose or conveyor belt.
    Approval means a formal document issued by MSHA which states that a 
completely assembled electrical machine or accessory has met the 
applicable requirements of this part and which authorizes the attachment 
of an approval plate so indicating.
    Approval plate means a metal plate, the design of which meets MSHA's 
requirements, for attachment to an approved machine or accessory, 
identifying it as permissible for use in gassy mines or tunnels.

[[Page 91]]

    Branch circuit means an electrical circuit connected to the main 
circuit, the conductors of which are of smaller size than the main 
circuit.
    Bureau means the U.S. Bureau of Mines.
    Certification means a formal written notification, issued by MSHA, 
which states that an electrical component complies with the applicable 
requirements of this part and, therefore, is suitable for incorporation 
in approved (permissible) equipment.
    Certification label means a plate, label, or marking, the design of 
which meets MSHA's requirements, for attachment to a certified component 
identifying the component as having met the MSHA's requirements for 
incorporation in a machine to be submitted for approval.
    Component means an integral part of an electrical machine or 
accessory that is essential to the functioning of the machine or 
accessory.
    Connection box (also known as conduit or terminal box) means an 
enclosure mounted on an electrical machine or accessory to facilitate 
wiring, without the use of external splices. (Such boxes may have a 
joint common with an explosion-proof enclosure provided the adjoining 
surfaces conform to the requirements of subpart B of this part.)
    Cylindrical joint means a joint comprised of two contiguous, 
concentric, cylindrical surfaces.
    Distribution box means an enclosure through which one or more 
portable cables may be connected to a source of electrical energy, and 
which contains a short-circuit protective device for each outgoing 
cable.
    Experimental equipment means any electrical machine or accessory 
that an applicant or MSHA may desire to operate experimentally for a 
limited time in a gassy mine or tunnel. (For example, this might include 
a machine constructed at a mine, an imported machine, or a machine or 
device designed and developed by MSHA.)
    Explosion-proof enclosure means an enclosure that complies with the 
applicable design requirements in subpart B of this part and is so 
constructed that it will withstand internal explosions of methane-air 
mixtures: (1) Without damage to or excessive distortion of its walls or 
cover(s), and (2) without ignition of surrounding methane-air mixtures 
or discharge of flame from inside to outside the enclosure.
    Fire-resistant as applied to conveyor belts means belting that will 
pass the flame tests hereafter specified.
    Flame-arresting path means two or more adjoining or adjacent 
surfaces between which the escape of flame is prevented.
    Flame resistant as applied to cable, hose, and insultating materials 
means material that will burn when held in a flame but will cease 
burning when the flame is removed.
    Flammable mixture means a mixture of methane or natural gas and air 
that when ignited will propagate flame. Natural gas containing a high 
percentage of methane is a satisfactory substitute for pure methane in 
most tests.
    Gassy mine means a coal mine classed as ``gassy'' by MESA or by the 
State in which the mine is situated.
    Incendive arc or spark means an arc or spark releasing enough 
electrical or thermal energy to ignite a flammable mixture of the most 
easily ignitable composition.
    Intrinsically safe means incapable of releasing enough electrical or 
thermal energy under normal or abnormal conditions to cause ignition of 
a flammable mixture of methane or natural gas and air of the most easily 
ignitable composition.
    MESA means the United States Department of the Interior, Mining 
Enforcement and Safety Administration. Predecessor organization to MSHA, 
prior to March 9, 1978.
    Mobile equipment means equipment that is self-propelled.
    MSHA means the United States Department of Labor, Mine Safety and 
Health Administration.
    Normal operation means the regular performance of those functions 
for which a machine or accessory was designed.
    Permissible equipment means a completely assembled electrical 
machine or accessory for which a formal approval has been issued, as 
authorized by the Administrator, Mining Enforcement and Safety 
Administration under the Federal Coal Mine Health and Safety Act of 1969 
(Pub. L. 91-173, 30 U.S.C.

[[Page 92]]

801 or, after March 9, 1978, by the Assistant Secretary under the 
Federal Mine Safety and Health Act of 1977 (Pub. L. 91-173, as amended 
by Pub. L. 95-164, 30 U.S.C. 801).
    Permit means a formal document, signed by the Assistant Secretary, 
authorizing the operation of specific experimental equipment in a gassy 
mine or tunnel under prescribed conditions.
    Plane joint means two adjoining surfaces in parallel planes.
    Portable cable, or trailing cable means a flame-resistant, flexible 
cable or cord through which electrical energy is transmitted to a 
permissible machine or accessory. (A portable cable is that portion of 
the power-supply system between the last short-circuit protective 
device, acceptable to MSHA, in the system and the machine or accessory 
to which it transmits electrical energy.)
    Portable equipment means equipment that may be moved frequently and 
is constructed or mounted to facilitate such movement.
    Potted component means a component that is entirely embedded in a 
solidified insulating material within an enclosure.
    Pressure piling means the development of abnormal pressure as a 
result of accelerated rate of burning of a gas-air mixture. (Frequently 
caused by restricted configurations within enclosures.)
    Qualified representative means a person authorized by MSHA to 
determine whether the applicable requirements of this part have been 
complied with in the original manufacture, rebuilding, or repairing of 
equipment for which approval, certification, or a permit is sought.
    Splice box means a portable enclosure in which electrical conductors 
may be joined.
    Step (rabbet) joint means a joint comprised of two adjoining 
surfaces with a change(s) in direction between its inner and outer 
edges. (A step joint may be composed of a cylindrical portion and a 
plane portion or of two or more plane portions.)
    Threaded joint means a joint consisting of a male- and a female-
threaded member, both of which are of the same type and gage.

[33 FR 4660, Mar. 19, 1968, as amended at 39 FR 23999, June 28, 1974; 43 
FR 12314, Mar. 24, 1978; 57 FR 61223, Dec. 23, 1992]



Sec. 18.3  Consultation.

    By appointment, applicants or their representatives may visit 
Approval and Certification Center, Industrial Park Road, Dallas Pike, 
Triadelphia, W. Va. 26059, to discuss a proposed design to be submitted 
for approval, certification, or acceptance for listing. No charge is 
made for such consultation and no written report thereof will be made to 
the applicant.

[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978]



Sec. 18.4  Electrical equipment for which approval is issued.

    An approval will be issued only for a complete electrical machine or 
accessory. Only components meeting the requirements of subpart B of this 
part or those approved under part 7 of this chapter, unless they contain 
intrinsically safe circuits, shall be included in the assemblies.

[57 FR 61209, Dec. 23, 1992]



Sec. 18.5  Equipment for which certification will be issued.

    Certification will be issued for a component or subassembly suitable 
to incorporate in an approved machine. Certification may be issued for 
such components as explosion-proof enclosures, battery trays, and 
connectors.



Sec. 18.6  Applications.

    (a)(1) Investigation leading to approval, certification, extension 
thereof, or acceptance of hose or conveyor belt, will be undertaken by 
MSHA only pursuant to a written application accompanied by a check, bank 
draft, or money order, payable to the U.S. Mine Safety and Health 
Administration to cover the fees. The application shall be accompanied 
by all necessary drawings, specifications, descriptions, and related 
materials, as set out in this part.

[[Page 93]]

    (2) Where the applicant for approval has used an independent testing 
laboratory under part 6 of this chapter to perform, in whole or in part, 
the necessary testing and evaluation for approval under this part, the 
applicant must provide to MSHA as part of the approval application:
    (i) Written evidence of the laboratory's independence and current 
recognition by a laboratory accrediting organization;
    (ii) Complete technical explanation of how the product complies with 
each requirement in the applicable MSHA product approval requirements;
    (iii) Identification of components or features of the product that 
are critical to the safety of the product; and
    (iv) All documentation, including drawings and specifications, as 
submitted to the independent laboratory by the applicant and as required 
by this part.
    (3) An applicant may request testing and evaluation to non-MSHA 
product safety standards which have been determined by MSHA to be 
equivalent, under Sec. 6.20 of this chapter, to MSHA's product approval 
requirements under this part.
    (4) The application, all related documents, and all correspondence 
concerning it shall be addressed to the Approval and Certification 
Center, Rural Route 1, Box 251, Industrial Park Road, 
Triadelphia, WV 26059.
    (b) [Reserved]
    (c) Applications for acceptance of a conveyor belt as fire resistant 
shall include the following information: Trade name of the conveyor 
belt, thickness of covers, friction and skim coats, number of plies, 
type and weight of ply material, and designation of breaker strip or 
floated ply. The applicant shall provide other description or 
specifications as may be subsequently required.
    (d) Applications for acceptance of hose as flame resistant shall 
include the following information: Trade name of hose, identification of 
materials used, including compound numbers, thickness of cover, 
thickness of tube, and number and weight of plies. The applicant shall 
provide other description or specifications as may be subsequently 
required.
    (e) Drawings, drawing lists, specifications, wiring diagram, and 
descriptions shall be adequate in number and detail to identify fully 
the complete assembly, component parts, and subassemblies. Drawings 
shall be titled, numbered, dated and shall show the latest revision. 
Each drawing shall include a warning statement that changes in design 
must be authorized by MSHA before they are applied to approved 
equipment. When intrinsically safe circuits are incorporated in a 
machine or accessory, the wiring diagram shall include a warning 
statement that any change(s) in the intrinsically safe circuitry or 
components may result in an unsafe condition. The specifications shall 
include an assembly drawing(s) (see Figure 1 in Appendix II) showing the 
overall dimensions of the machine and the identity of each component 
part which may be listed thereon or separately, as in a bill of material 
(see Figure 2 in Appendix II). MSHA may accept photographs (minimum size 
8 x 10\1/2\) in lieu of assembly drawing(s). 
Purchased parts shall be identified by the manufacturer's name, catalog 
number(s), and rating(s). In the case of standard hardware and 
miscellaneous parts, such as insulating pieces, size and kind of 
material shall be specified. All drawings of component parts submitted 
to MSHA shall be identical to those used in the manufacture of the 
parts. Dimensions of parts designed to prevent the passage of flame 
shall specify allowable tolerances. A notation ``Do Not Drill Through'' 
or equivalent should appear on drawings with the specifications for all 
``blind'' holes.
    (f) MSHA reserves the right to require the applicant to furnish 
supplementary drawings showing sections through complex flame-arresting 
paths, such as labyrinths used in conjunction with ball or roller 
bearings, and also drawings containing dimensions not indicated on other 
drawings submitted to MSHA.
    (g) The applicant may ship his equipment to MSHA for investigation 
at the time of filing his application and payment of the required fees. 
Shipping charges shall be prepaid by the applicant.
    (h) For a complete investigation leading to approval or 
certification the

[[Page 94]]

applicant shall furnish MSHA with the components necessary for 
inspection and testing. Expendable components shall be supplied by the 
applicant to permit continuous operation of the equipment while being 
tested. If special tools are necessary to assemble or disassemble any 
component for inspection or test, the applicant shall furnish them with 
the equipment to be tested.
    (i) For investigation of a hose or conveyor belt, the applicant 
shall furnish samples as follows:

Hose--a sample having a minimum length of 2 feet;
Conveyor belt--a sample of each type 8 inches long cut across the entire 
width of the belt.

    (j) The applicant shall submit a sample caution statement (see 
Figure 3 in Appendix II) specifying the conditions for maintaining 
permissibility of the equipment.
    (k) The applicant shall submit a factory-inspection form (see Figure 
4 in Appendix II) used to maintain quality control at the place of 
manufacture or assembly to insure that component parts are made and 
assembled in strict accordance with the drawings and specifications 
covering a design submitted to MSHA for approval or certification.
    (l) MSHA will accept an application for an approval, a letter of 
certification, or an acceptance for listing of a product that is 
manufactured in a country other than the United States provided: (1) All 
correspondence, specifications, lettering on drawings (metric-system 
dimensions acceptable), instructions, and related information are in 
English; and (2) all other requirements of this part are met the same as 
for a domestic applicant.

[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978; 47 
FR 14696, Apr. 6, 1982; 57 FR 61223, Dec. 23, 1992; 60 FR 33723, June 
29, 1995; 60 FR 35693, July 11, 1995; 68 FR 36419, June 17, 2003]



Sec. 18.7  [Reserved]



Sec. 18.8  Date for conducting investigation and tests.

    The date of receipt of an application will determine the order of 
precedence for investigation and testing. If an electrical machine 
component or accessory fails to meet any of the requirements, it shall 
lose its order of precedence. If an application is submitted to resume 
investigation and testing after correction of the cause of failure, it 
will be treated as a new application and the order of precedence for 
investigation and testing will be so determined.



Sec. 18.9  Conduct of investigations and tests.

    (a) Prior to the issuance of an approval, certification, or 
acceptance of a hose or conveyor belt, only MSHA personnel, 
representative(s) of the applicant, and such other person(s) as may be 
mutually agreed upon may observe any part of the investigation or tests. 
The MSHA will hold as confidential and will not disclose principles or 
patentable features; nor will it disclose to persons other than the 
applicant the results of tests, chemical analysis of materials or any 
details of the applicant's drawings, specifications, instructions, and 
related material.
    (b) Unless notified to the contrary by MSHA, the applicant shall 
provide assistance in disassembling parts for inspection, preparing 
parts for testing, and preparing equipment for return shipment. 
Explosion-proof enclosures shall be drilled and tapped for pipe 
connections in accordance with instructions supplied by MSHA.
    (c) MSHA reserves the right to inspect a complete machine, component 
part, or accessory at a place other than the Bureau's premises, such as 
the assembly plant or other location acceptable to MSHA, at the 
applicant's expense.
    (d) Applicants shall be responsible for their representatives 
present during tests and for observers admitted at their request and 
shall save the Government harmless in the event of damage to applicant's 
property or injury to applicant's representatives or to observers 
admitted at their request.

[33 FR 4660, Mar. 19, 1968; 33 FR 6345, Apr. 26, 1968, as amended at 57 
FR 61223, Dec. 23, 1992]



Sec. 18.10  Notice of approval or disapproval.

    (a) Upon completing investigation of a complete assembly of an 
electrical machine or accessory, MSHA will issue to the applicant either 
a written notice

[[Page 95]]

of approval or a written notice of disapproval, as the case may require. 
No informal notification of approval will be issued. If a notice of 
disapproval is issued, it will be accompanied by details of the defects, 
with recommendations for possible correction. MSHA will not disclose, 
except to the applicant, any information upon which a notice of 
disapproval has been issued.
    (b) A formal notice of approval will be accompanied by a list of 
drawings, specifications, and related material, covering the details of 
design and construction of the equipment upon which the approval is 
based. Applicants shall keep exact duplicates of the drawings, 
specifications, and descriptions that relate to equipment for which an 
approval has been issued, and the drawings and specifications shall be 
adhered to exactly in production of the approved equipment.
    (c) An applicant shall not advertise or otherwise represent his 
equipment as approved (permissible) until he has received MSHA's formal 
notice of approval.



Sec. 18.11  Approval plate.

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

[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978]



Sec. 18.12  Letter of certification.

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

[[Page 96]]



Sec. 18.13  Certification plate.

    Each certified component shall be identified by a certification 
plate attached to the component in a manner acceptable to MSHA. The 
method of attachment shall not impair any explosion-proof 
characteristics of the component. The plate shall be of serviceable 
material, acceptable, to MSHA, and shall contain the following:

Certified as complying with the applicable requirements of 30 CFR part 
--------.
Certification No.--------.


The blank spaces shall be filled with appropriate designations. 
Inclusion of the information on a company name plate will be permitted 
provided the plate is made of material acceptable to MSHA.



Sec. 18.14  Identification of tested noncertified explosion-proof enclosures.

    An enclosure that meets all applicable requirements of this part, 
but has not been certified by MSHA, shall be identified by a permanent 
marking on it in a conspicuous location. The design of such marking 
shall consist of capital letters USMSHA not less than \1/4\ inch in 
height, enclosed in a circle not less than 1 inch in diameter.

[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978] st



Sec. 18.15  Changes after approval or certification.

    If an applicant desires to change any feature of approved equipment 
or a certified component, he shall first obtain MSHA's concurrence 
pursuant to the following procedure:
    (a)(1) Application shall be made as for an original approval or 
letter of certification requesting that the existing approval or 
certification be extended to cover the proposed changes and shall be 
accompanied by drawings, specifications, and related information, 
showing the changes in detail.
    (2) Where the applicant for approval has used an independent 
laboratory under part 6 of this chapter to perform, in whole or in part, 
the necessary testing and evaluation for approval of changes to an 
approved or certified product under this part, the applicant must 
provide to MSHA as part of the approval application:
    (i) Written evidence of the laboratory's independence and current 
recognition by a laboratory accrediting organization;
    (ii) Complete technical explanation of how the product complies with 
each requirement in the applicable MSHA product approval requirements;
    (iii) Identification of components or features of the product that 
are critical to the safety of the product; and
    (iv) All documentation, including drawings and specifications, as 
submitted to the independent laboratory by the applicant and as required 
by this part.
    (b) The application will be examined by MSHA to determine whether 
inspection or testing will be required. Testing will be required if 
there is a possibility that the change(s) may adversely affect safety.
    (c) If the change(s) meets the requirements of this part, a formal 
extension of approval or certification will be issued, accompanied by a 
list of new or revised drawings, specifications, and related information 
to be added to those already on file for the original approval or 
certification.
    (d) Revisions in drawings or specifications that do not involve 
actual change in the explosion-proof features of equipment may be 
handled informally.

[43 FR 12313, Mar. 24, 1978, as amended at 52 FR 17514, May 8, 1987; 68 
FR 36419, June 17, 2003]



Sec. 18.16  Withdrawal of approval, certification, or acceptance.

    MSHA reserves the right to rescind, for cause, any approval, 
certification, acceptance, or extension thereof, issued under this part.



             Subpart B_Construction and Design Requirements



Sec. 18.20  Quality of material, workmanship, and design.

    (a) Electrically operated equipment intended for use in coal mines 
shall be rugged in construction and shall be designed to facilitate 
inspection and maintenance.
    (b) MSHA will test only electrical equipment that in the opinion of 
its qualified representatives is constructed

[[Page 97]]

of suitable materials, is of good quality workmanship, based on sound 
engineering principles, and is safe for its intended use. Since all 
possible designs, circuits, arrangements, or combinations of components 
and materials cannot be foreseen, MSHA reserves the right to modify 
design, construction, and test requirements to obtain the same degree of 
protection as provided by the tests described in Subpart C of this part.
    (c) Moving parts, such as rotating saws, gears, and chain drives, 
shall be guarded to prevent personal injury.
    (d) Flange joints and lead entrances shall be accessible for field 
inspection, where practicable.
    (e) An audible warning device shall be provided on each mobile 
machine that travels at a speed greater than 2.5 miles per hour.
    (f) Brakes shall be provided for each wheel-mounted machine, unless 
design of the driving mechanism will preclude accidental movement of the 
machine when parked.
    (g) A headlight and red light-reflecting material shall be provided 
on both front and rear of each mobile transportation unit that travels 
at a speed greater than 2.5 miles per hour. Red light-reflecting 
material should be provided on each end of other mobile machines.



Sec. 18.21  Machines equipped with powered dust collectors.

    Powered dust collectors on machines submitted for approval shall 
meet the applicable requirements of Part 33 of this chapter (Bureau of 
Mines Schedule 25B), and shall bear the approval number assigned by 
MSHA.



Sec. 18.22  Boring-type machines equipped for auxiliary face ventilation.

    Each boring-type continuous-mining machine that is submitted for 
approval shall be constructed with an unobstructed continuous space(s) 
of not less than 200 square inches total cross-sectional area on or 
within the machine to which flexible tubing may be attached to 
facilitate auxiliary face ventilation.



Sec. 18.23  Limitation of external surface temperatures.

    The temperature of the external surfaces of mechanical or electrical 
components shall not exceed 150 [deg]C. (302 [deg]F.) under normal 
operating conditions.



Sec. 18.24  Electrical clearances.

    Minimum clearances between uninsulated electrical conductor 
surfaces, or between uninsulated conductor surfaces and grounded metal 
surfaces, within the enclosure shall be as follows:

             Minimum Clearances Between Uninsulated Surfaces
------------------------------------------------------------------------
                                                    Clearances (inches)
                                                 -----------------------
                                                               Phase-to-
          Phase-to-Phase Voltage (rms)             Phase-to-   Ground or
                                                     Phase      Control
                                                                Circuit
------------------------------------------------------------------------
0 to 250........................................        0.25        0.25
251 to 600......................................        0.28        0.25
601 to 1000.....................................        0.61        0.25
1001 to 2400....................................        1.4         0.6
2401 to 4160....................................        3.0         1.4
------------------------------------------------------------------------


[57 FR 61209, Dec. 23, 1992]



Sec. 18.25  Combustible gases from insulating material.

    (a) Insulating materials that give off flammable or explosive gases 
when decomposed electrically shall not be used within enclosures where 
the materials are subjected to destructive electrical action.
    (b) Parts coated or impregnated with insulating materials shall be 
heat-treated to remove any combustible solvent(s) before assembly in an 
explosion-proof enclosure. Air-drying insulating materials are excepted.



Sec. 18.26  Static electricity.

    Nonmetallic rotating parts, such as belts and fans, shall be 
provided with a means to prevent an accumulation of static electricity.



Sec. 18.27  Gaskets.

    A gasket(s) shall not be used between any two surfaces forming a 
flame-arresting path except as follows:
    (a) A gasket of lead, elastomer, or equivalent will be acceptable 
provided

[[Page 98]]

the gasket does not interfere with an acceptable metal-to-metal joint.
    (b) A lead gasket(s) or equivalent will be acceptable between glass 
and a hard metal to form all or a part of a flame-arresting path.



Sec. 18.28  Devices for pressure relief, ventilation, or drainage.

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



Sec. 18.29  Access openings and covers, including unused lead-entrance holes.

    (a) Access openings in explosion-proof enclosures will be permitted 
only where necessary for maintenance of internal parts such as motor 
brushes and fuses.
    (b) Covers for access openings shall meet the same requirements as 
any other part of an enclosure except that threaded covers shall be 
secured against loosening, preferably with screws having heads requiring 
a special tool. (See Figure 1 in Appendix II.)
    (c) Holes in enclosures that are provided for lead entrances but 
which are not in use shall be closed with metal plugs secured by spot 
welding, brazing, or equivalent. (See Figure 10 in Appendix II.)



Sec. 18.30  Windows and lenses.

    (a) MSHA may waive testing of materials for windows or lenses except 
headlight lenses. When tested, material for windows or lenses shall meet 
the test requirements prescribed in Sec. 18.66 and shall be sealed in 
place or provided with flange joints in accordance with Sec. 18.31.
    (b) Windows or lenses shall be protected from mechanical damage by 
structural design, location, or guarding. Windows or lenses, other than 
headlight lenses, having an exposed area greater than 8 square inches, 
shall be provided with guarding or equivalent.



Sec. 18.31  Enclosures--joints and fastenings.

    (a) Explosion-proof enclosures:
    (1) Cast or welded enclosures shall be designed to withstand a 
minimum internal pressure of 150 pounds per square inch (gage). Castings 
shall be free from blowholes.
    (2) Welded joints forming an enclosure shall have continuous gas-
tight welds. All welds shall be made in accordance with American Welding 
Society standards.
    (3) External rotating parts shall not be constructed of aluminum 
alloys containing more than 0.6 percent magnesium.
    (4) MSHA reserves the right to require the applicant to conduct 
static-pressure tests on each enclosure when MSHA determines that the 
particular design will not permit complete visual inspection or when the 
joint(s) forming an enclosure is welded on one side only (see Sec. 
18.67).
    (5) Threaded covers and mating parts shall be designed with Class 1A 
and 1B (coarse, loose-fitting) threads. The flame-arresting path of 
threaded joints shall conform to the requirements of paragraph (a)(6) of 
this section.
    (6) Enclosure requirements shall be based on the internal volumes of 
the empty enclosure. The internal volume is the volume remaining after 
deducting the volume of any part that is essential in maintaining the 
explosion-proof integrity of the enclosure or necessary for the 
operation. Essential parts include the parts that constitute the flame-
arresting path and those necessary to secure parts that constitute a 
flame-arresting path. Enclosures shall meet the following requirements:

[[Page 99]]



                                  Explosion-Proof Requirements Based on Volume
----------------------------------------------------------------------------------------------------------------
                                                                             Volume of empty enclosure
                                                                 -----------------------------------------------
                                                                   Less than 45    45 to 124 cu.   More than 124
                                                                      cu. in.      in. inclusive      cu. in.
----------------------------------------------------------------------------------------------------------------
Minimum thickness of material for walls \1\.....................   \1/8\             eq>             eq>
Minimum thickness of material for flanges and covers............   \2\ \1/4\         thn-eq>         thn-eq>
Minimum width of joint; all in one plane \4\....................   \1/2\
                                                                             eq>             eq>
Maximum clearance; joint all in one plane.......................  0.002             eq>             eq>
Maximum clearances; joint in two or more planes, cylinders or
 equivalent:
    (a) Portion perpendicular to plane \6\......................  0.008             eq>             eq>
Minimum thread engagement \10\..................................   \1/4\             eq>             eq>
Maximum diametrical clearance between bolt body and unthreaded    \1/64\             eq>             eq>
Minimum distance from interior of enclosure to the edge of a
 bolt hole: 8,13
    Joint--minimum width 1...........................  ..............  ..............  \14\ \7/16\
    Joint--less than 1 wide..........................   \1/8\             eq>
-----------------------------------------------------------------
                                               Cylindrical joints
----------------------------------------------------------------------------------------------------------------
Shaft centered by ball or roller bearings:
    Minimum length of flame-arresting path......................   \1/2\
                                                                             eq>             eq>
    Maximum diametrical clearance...............................  0.020
                                                                             eq>             eq>
    Maximum diametrical clearance...............................  0.006 (\1/4\ minimum) will be acceptable provided the diametrical
  clearance for fastening bolts does not exceed \1/32\.
\15\ Shafts or operating rods through journal bearings shall be at least \1/4\ in diameter. The
  length of fit shall not be reduced when a push button is depressed. Operating rods shall have a shoulder or
  head on the portion inside the enclosure. Essential parts riveted or bolted to the inside portion are
  acceptable in lieu of a head or shoulder, but cotter pins and similar devices shall not be used.
\16\ 6 with a minimum of 4 bolts.

    (7) O-rings, if used in a flame-arresting path, shall meet the 
following:
    (i) When the flame-arresting path is in one plane, the o-ring shall 
be located at least one-half the acceptable flame-arresting path length 
specified in paragraph (a)(6) of this section within the outside edge of 
the path (see figure J-2 in the appendix to subpart J of part 7 of this 
chapter).
    (ii) When the flame-arresting path is one of the plane-cylindrical 
type (step joint), the o-ring shall be located at least \1/2\ inch 
within the outer edge of the plane portion (see figure J-3 in the 
appendix to subpart J of part 7 of this chapter), or at the junction of 
the

[[Page 100]]

plane and cylindrical portion of the joint (see figure J-4 in the 
appendix to subpart J of part 7 of this chapter); or in the cylindrical 
portion (see figure J-5 in the appendix to subpart J of part 7 of this 
chapter).
    (8) Mating parts comprising a pressed fit shall result in a minimum 
interference of 0.001 inch between the parts. The minimum length of the 
pressed fit shall be equal to the minimum thickness requirement of 
paragraph (a)(6) of this section for the material in which the fit is 
made.
    (b) Enclosures for potted components: Enclosures shall be rugged and 
constructed with materials having 75 percent, or greater, of the 
thickness and flange width specified in paragraph (a) of this section. 
These enclosures shall be provided with means for attaching hose 
conduit, unless energy carried by the cable is intrinsically safe.
    (c) No assembly will be approved that requires the opening of an 
explosion-proof enclosure to operate a switch, rheostat, or other device 
during normal operation of a machine.

[33 FR 4660, Mar. 19, 1968, as amended at 57 FR 61209, Dec. 23, 1992]



Sec. 18.32  Fastenings--additional requirements.

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

[33 FR 4660, Mar. 19, 1968, as amended at 57 FR 61210, Dec. 23, 1992]



Sec. 18.33  Finish of surface joints.

    Flat surfaces between bolt holes that form any part of a flame-
arresting path shall be plane to within a maximum deviation of one-half 
the maximum clearance specified in Sec. 18.31(a)(6). All metal surfaces 
forming a flame-arresting path shall be finished during the 
manufacturing process to not more than 250 microinches. A thin film of 
nonhardening preparation to inhibit rusting may be applied to these 
finished metal surfaces as long as the final surface can be readily 
wiped free of any foreign materials.

[57 FR 61210, Dec. 23, 1992]



Sec. 18.34  Motors.

    Explosion-proof electric motor assemblies intended for use in 
approved equipment in underground mines that are specifically addressed 
in part 7 of this chapter shall be approved under

[[Page 101]]

part 7 of this chapter after February 22, 1996. Those motor assemblies 
not specifically addressed under part 7 of this chapter shall be 
accepted or certified under this part.
    (a) General. (1) Motors shall have explosion-proof enclosures.
    (2) Motors submitted to MSHA for test shall be equipped with 
unshielded bearings regardless of whether that type of bearing is 
specified.
    (3) MSHA reserves the right to test motors with the maximum 
clearance specified between the shaft and the mating part which forms 
the required flame-arresting path. Also reserved is the right to 
remachine these parts, at the applicant's expense, to specified 
dimensions to provide the maximum clearance.
    Note: For example, a shaft with a diameter greater than 2 inches at 
the flame-arresting portion might require such machining.
    (4) Ball and roller bearings and oil seals will not be acceptable as 
flame-arresting paths; therefore, a separate path shall be provided 
between the shaft and another part, preferably inby the bearing. The 
length and clearances of such flame-arresting path shall conform to the 
requirements of Sec. 18.31.
    (5) Labyrinths or other arrangements that provide change(s) in 
direction of escaping gases will be acceptable but the use of small 
detachable pieces shall not be permitted unless structurally 
unavoidable. The lengths of flame-arresting path(s) and clearance(s) 
shall conform to the requirements of Sec. 18.31.
    (6) Oil seals shall be removed from motors prior to submission for 
explosion tests.
    Note: Oil seals will be removed from motors prior to explosion tests 
and therefore may be omitted from motors submitted for investigation.
    (7) Openings for filling and draining bearing lubricants shall be so 
located as to prevent escape of flame through them.
    (8) An outer bearing cap will not be considered as forming any part 
of a flame-arresting path unless the cap is used as a bearing cartridge.
    Note: The outer bearing cap will be omitted during explosion tests 
unless it houses the bearing.
    (9) If unavoidable, holes may be made through motor casings for 
bolts, studs, or screws to hold essential parts such as pole pieces, 
brush rigging, and bearing cartridges. Such parts shall be attached to 
the casing by at least two fastenings. The threaded holes in these parts 
shall be blind, unless the fastenings are inserted from the inside, in 
which case the fastenings shall not be accessible with the armature of 
the motor in place.
    (b) Direct-current motors. For direct-current motors with narrow 
interpoles, the distance from the edge of the pole piece to any bolt 
hole in the frame shall be not less than \1/8\ inch. If the distance is 
\1/8\ to \1/4\ inch, the diametrical clearance for the pole bolt shall 
not exceed \1/64\ inch for not less than \1/2\ inch through the frame. 
Furthermore, the pole piece shall have the same radius as the inner 
surface of the frame. Pole pieces may be shimmed as necessary.
    (c) Alternating-current motors. Stator laminations that form a part 
of an explosion-proof enclosure will be acceptable provided: (1) The 
laminations and their end rings are fastened together under pressure; 
(2) the joint between the end rings and the laminations is not less than 
\1/4\ inch, but preferably as close to 1 inch as possible; and (3) it 
shall be impossible to insert a 0.0015-inch thickness gage to a depth 
exceeding \1/8\ inch between adjacent laminations or between end rings 
and laminations.
    (d) Small motors (alternating- and direct-current). Motors having 
internal free volume not exceeding 350 cubic inches and joints not 
exceeding 32 inches in outer circumference will be acceptable for 
investigation if provided with rabbet joints between the stator frame 
and the end bracket having the following dimensions:

                   Dimensions of Rabbet Joints--Inches
------------------------------------------------------------------------
                                          Min.                   Max.
                                        width of     Max.    diametrical
          Minimum total width            clamped  clearance   clearance
                                         radial   of radial    at axial
                                         portion   portion     portion
------------------------------------------------------------------------
\3/8\.................................    \3/64\     0.0015       0.003
\1/2\.................................    \3/64\       .002        .003
\1/2\.................................    \3/32\       .002        .004
------------------------------------------------------------------------


[33 FR 4660, Mar. 19, 1968, as amended at 57 FR 61210, Dec. 23, 1992]

[[Page 102]]



Sec. 18.35  Portable (trailing) cables and cords.

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

[33 FR 4660, Mar. 19, 1968; 33 FR 6343, Apr. 26, 1968, as amended at 57 
FR 61223, Dec. 23, 1992]



Sec. 18.36  Cables between machine components.

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

[[Page 103]]

jackets shall consist of conductors not smaller than No. 14 (AWG) 
regardless of the number of conductors.



Sec. 18.37  Lead entrances.

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

[33 FR 4660, Mar. 19, 1968, as amended at 57 FR 61210, Dec. 23, 1992]



Sec. 18.38  Leads through common walls.

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



Sec. 18.39  Hose conduit.

    Hose conduit shall be provided for mechanical protection of all 
machine cables that are exposed to damage. Hose conduit shall be flame 
resistant and have a minimum wall thickness of

[[Page 104]]

\3/16\ inch. The flame resistance of hose conduit will be determined in 
accordance with the requirements of Sec. 18.65.



Sec. 18.40  Cable clamps and grips.

    Insulated clamps shall be provided for all portable (trailing) 
cables to prevent strain on the cable terminals of a machine. Also 
insulated clamps shall be provided to prevent strain on both ends of 
each cable or cord leading from a machine to a detached or separately 
mounted component. Cable grips anchored to the cable may be used in lieu 
of insulated strain clamps. Supporting clamps for cables used for wiring 
around machines shall be provided in a manner acceptable to MSHA.



Sec. 18.41  Plug and receptacle-type connectors.

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

[33 FR 4660, Mar. 19, 1968, as amended at 68 FR 37082, June 23, 2003]

[[Page 105]]



Sec. 18.42  Explosion-proof distribution boxes.

    (a) A cable passing through an outside wall(s) of a distribution box 
shall be conducted either through a packing gland or an interlocked plug 
and receptacle.
    (b) Short-circuit protection shall be provided for each branch 
circuit connected to a distribution box. The current-carrying capacity 
of the specified connector shall be compatible with the automatic 
circuit-interrupting device.
    (c) Each branch receptacle shall be plainly and permanently marked 
to indicate its current-carrying capacity and each receptacle shall be 
such that it will accommodate only an appropriate plug.
    (d) Provision shall be made to relieve mechanical strain on all 
connectors to distribution boxes.



Sec. 18.43  Explosion-proof splice boxes.

    Internal connections shall be rigidly held and adequately insulated. 
Strain clamps shall be provided for all cables entering a splice box.



Sec. 18.44  Non-intrinsically safe battery-powered equipment.

    (a) Battery-powered equipment shall use battery assemblies approved 
under Part 7 of this chapter, or battery assemblies accepted or 
certified under this part prior to August 22, 1989.
    (b) Battery box covers shall be secured in a closed position.
    (c) Each wire or cable leaving a battery box on storage battery-
operated equipment shall have short-circuit protection in an explosion-
proof enclosure located as close as practicable to the battery 
terminals. A short-circuit protection device installed within a nearby 
explosion-proof enclosure will be acceptable. In no case shall the 
exposed portion of the cable from the battery box to the enclosure 
exceed 36 inches in length. Each wire or cable shall be protected from 
damage.

[53 FR 23500, June 22, 1988]



Sec. 18.45  Cable reels.

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



Sec. 18.46  Headlights.

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



Sec. 18.47  Voltage limitation.

    (a) A tool or switch held in the operator's hand or supported 
against his body will not be approved with a nameplate rating exceeding 
300 volts direct current or alternating current.

[[Page 106]]

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



Sec. 18.48  Circuit-interrupting devices.

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



Sec. 18.49  Connection boxes on machines.

    Connection boxes used to facilitate replacement of cables or machine 
components shall be explosion-proof. Portable-cable terminals on cable 
reels need not be in explosion-proof enclosures provided that 
connections are well made, adequately insulated, protected from damage 
by location, and securely clamped to prevent mechanical strain on the 
connections.

[[Page 107]]



Sec. 18.50  Protection against external arcs and sparks.

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



Sec. 18.51  Electrical protection of circuits and equipment.

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



Sec. 18.52  Renewal of fuses.

    Enclosure covers that provide access to fuses, other than headlight, 
control-circuit, and handheld-tool fuses, shall be interlocked with a 
circuit-interrupting device. Fuses shall be inserted on the load side of 
the circuit interrupter.



Sec. 18.53  High-voltage longwall mining systems.

    (a) In each high-voltage motor-starter enclosure, with the exception 
of a controller on a high-voltage shearer, the disconnect device 
compartment, control/communications compartment, and motor contactor 
compartment must be separated by barriers or partitions to prevent 
exposure of personnel to energized high-voltage conductors or parts. In 
each motor-starter enclosure on a high-voltage shearer, the high-voltage 
components must be separated from lower voltage components by barriers 
or partitions to prevent exposure of personnel to energized high-voltage

[[Page 108]]

conductors or parts. Barriers or partitions must be constructed of 
grounded metal or nonconductive insulating board.
    (b) Each cover of a compartment in the high-voltage motor-starter 
enclosure containing high-voltage components must be equipped with at 
least two interlock switches arranged to automatically deenergize the 
high-voltage components within that compartment when the cover is 
removed.
    (c) Circuit-interrupting devices must be designed and installed to 
prevent automatic reclosure.
    (d) Transformers with high-voltage primary windings that supply 
control voltages must incorporate grounded electrostatic (Faraday) 
shielding between the primary and secondary windings. The shielding must 
be connected to equipment ground by a minimum No. 12 AWG grounding 
conductor. The secondary nominal voltage must not exceed 120 volts, line 
to line.
    (e) Test circuits must be provided for checking the condition of 
ground-wire monitors and ground-fault protection without exposing 
personnel to energized circuits. Each ground-test circuit must inject a 
primary current of 50 percent or less of the current rating of the 
grounding resistor through the current transformer and cause each 
corresponding circuit-interrupting device to open.
    (f) Each motor-starter enclosure, with the exception of a controller 
on a high-voltage shearer, must be equipped with a disconnect device 
installed to deenergize all high-voltage power conductors extending from 
the enclosure when the device is in the ``open'' position.
    (1) When multiple disconnect devices located in the same enclosure 
are used to satisfy the above requirement they must be mechanically 
connected to provide simultaneous operation by one handle.
    (2) The disconnect device must be rated for the maximum phase-to-
phase voltage and the full-load current of the circuit in which it is 
located, and installed so that--
    (i) Visual observation determines that the contacts are open without 
removing any cover;
    (ii) The load-side power conductors are grounded when the device is 
in the ``open'' position;
    (iii) The device can be locked in the ``open'' position;
    (iv) When located in an explosion-proof enclosure, the device must 
be designed and installed to cause the current to be interrupted 
automatically prior to the opening of the contacts; and
    (v) When located in a non-explosion-proof enclosure, the device must 
be designed and installed to cause the current to be interrupted 
automatically prior to the opening of the contacts, or the device must 
be capable of interrupting the full-load current of the circuit.
    (g) Control circuits for the high-voltage motor starters must be 
interlocked with the disconnect device so that--
    (1) The control circuit can be operated with an auxiliary switch in 
the ``test'' position only when the disconnect device is in the open and 
grounded position; and
    (2) The control circuit can be operated with the auxiliary switch in 
the ``normal'' position only when the disconnect switch is in the closed 
position.
    (h) A study to determine the minimum available fault current must be 
submitted to MSHA to ensure adequate protection for the length and 
conductor size of the longwall motor, shearer and trailing cables.
    (i) Longwall motor and shearer cables with nominal voltages greater 
than 660 volts must be made of a shielded construction with a grounded 
metallic shield around each power conductor.
    (j) High-voltage motor and shearer circuits must be provided with 
instantaneous ground-fault protection of not more than 0.125-amperes. 
Current transformers used for this protection must be of the single-
window type and must be installed to encircle all three phase 
conductors.
    (k) Safeguards against corona must be provided on all 4,160 voltage 
circuits in explosion-proof enclosures.
    (l) The maximum pressure rise within an explosion-proof enclosure 
containing high-voltage switchgear must

[[Page 109]]

be limited to 0.83 times the design pressure.
    (m) High-voltage electrical components located in high-voltage 
explosion-proof enclosures must not be coplanar with a single plane 
flame-arresting path.
    (n) Rigid insulation between high-voltage terminals (Phase-to-Phase 
or Phase-to-Ground) must be designed with creepage distances in 
accordance with the following table:

                                                               Minimum Creepage Distances
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     Minimum creepage distances (inches) for comparative tracking index
                                                                                                              (CTI) range \1\
             Phase to phase voltage                     Points of  measure        ----------------------------------------------------------------------
                                                                                   CTI=500    380<=CTI<500     175<=CTI<380       CTI<175
--------------------------------------------------------------------------------------------------------------------------------------------------------
2,400..........................................  0-0                                            1.50              1.95             2.40             2.90
                                                 0-G                                            1.00              1.25             1.55             1.85
4,160..........................................  0-0                                            2.40              3.15             3.90             4.65
                                                 0-G                                            1.50              1.95             2.40            2.90
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Assumes that all insulation is rated for the applied voltage or higher.

    (o) Explosion-proof motor-starter enclosures must be designed to 
establish the minimum free distance (MFD) between the wall or cover of 
the enclosure and uninsulated electrical conductors inside the enclosure 
in accordance with the following table:

                                    High-Voltage Minimum Free Distances (MFD)
----------------------------------------------------------------------------------------------------------------
                                                Steel MFD (in)                       Aluminum MFD (in)
     Wall/cover thickness (in)     -----------------------------------------------------------------------------
                                       A \1\        B \2\        C \3\          A            B            C
----------------------------------------------------------------------------------------------------------------
\1/4\.............................          2.8          4.3          5.8       \4\ NA       \4\ NA       \4\ NA
\3/8\.............................          1.8          2.3          3.9          8.6         12.8         18.1
\1/2\.............................        * 1.2          2.0          2.7          6.5          9.8         13.0
\5/8\.............................        * 0.9          1.5          2.1          5.1          7.7         10.4
\3/4\.............................        * 0.6        * 1.1          1.6          4.1          6.3          8.6
1.................................          (*)        * 0.6        * 1.0          2.9          4.5         6.2
----------------------------------------------------------------------------------------------------------------
Note *: The minimum electrical clearances must still be maintained.
\1\ Column A specifies the MFD for enclosures that have available 3-phase bolted short-circuit currents of
  10,000 amperes rms or less.
\2\ Column B specifies the MFD for enclosures that have a maximum available 3-phase bolted short-circuit
  currents greater than 10,000 and less than or equal to 15,000 amperes rms.
\3\ Column C specifies the MFD for enclosures that have a maximum available 3-phase bolted short-circuit
  currents greater than 15,000 and less than or equal to 20,000 amperes rms.
\4\ Not Applicable--MSHA doesn't allow aluminum wall or covers to be \1/4\ inch or less in thickness (Section
  18.31).

    (1) For values not included in the table, the following formulas on 
which the table is based may be used to determine the minimum free 
distance.
    (i) Steel Wall/Cover:
    [GRAPHIC] [TIFF OMITTED] TR11MR02.001
    
    (ii) Aluminum Wall/Cover:
    [GRAPHIC] [TIFF OMITTED] TR11MR02.002
    

[[Page 110]]



Where C is 1.4 for 2,400 volt systems or 3.0 for 4,160 volt systems, 
Isc is the 3-phase short circuit current in amperes of the 
system, t is the clearing time in seconds of the outby circuit-
interrupting device and d is the thickness in inches of the metal wall/
cover adjacent to an area of potential arcing.
    (2) The minimum free distance must be increased by 1.5 inches for 
4,160 volt systems and 0.7 inches for 2,400 volt systems when the 
adjacent wall area is the top of the enclosure. If a steel shield is 
mounted in conjunction with an aluminum wall or cover, the thickness of 
the steel shield is used to determine the minimum free distances.
    (p) The following static pressure test must be performed on each 
prototype design of explosion-proof enclosures containing high-voltage 
switchgear prior to the explosion tests. The static pressure test must 
also be performed on every explosion-proof enclosure containing high-
voltage switchgear, at the time of manufacture, unless the manufacturer 
uses an MSHA accepted quality assurance procedure covering inspection of 
the enclosure. Procedures must include a detailed check of parts against 
the drawings to determine that the parts and the drawings coincide and 
that the minimum requirements stated in part 18 have been followed with 
respect to materials, dimensions, configuration and workmanship.
    (1) Test procedure. (i) The enclosure must be internally pressurized 
to at least the design pressure, maintaining the pressure for a minimum 
of 10 seconds.
    (ii) Following the pressure hold, the pressure must be removed and 
the pressurizing agent removed from the enclosure.
    (2) Acceptable performance. (i) The enclosure during pressurization 
must not exhibit--
    (A) Leakage through welds or casting; or
    (B) Rupture of any part that affects the explosion-proof integrity 
of the enclosure.
    (ii) The enclosure following removal of the pressurizing agents must 
not exhibit--
    (A) Visible cracks in welds;
    (B) Permanent deformation exceeding 0.040 inches per linear foot; or
    (C) Excessive clearances along flame-arresting paths following 
retightening of fastenings, as necessary.

[67 FR 10999, Mar. 11, 2002]



                     Subpart C_Inspections and Tests



Sec. 18.60  Detailed inspection of components.

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



Sec. 18.61  Final inspection of complete machine.

    (a) A completely assembled new machine or a substantially modified 
design of a previously approved one shall be inspected by a qualified 
representative(s) of MSHA. When such inspection discloses any unsafe 
condition or any feature not in strict conformance with the requirements 
of this part it shall be corrected before an approval of the machine 
will be issued. A final inspection will be conducted at the site of 
manufacture, rebuilding, or other locations at the option of MSHA.
    (b) Complete machines shall be inspected for:
    (1) Compliance with the requirements of this part with respect to 
joints, lead

[[Page 111]]

entrances, and other pertinent features.
    (2) Wiring between components, adequacy of mechanical protection for 
cables, adequacy of clamping of cables, positioning of cables, 
particularly with respect to proximity to hydraulic components.
    (3) Adequacy of protection against damage to headlights, push 
buttons, and any other vulnerable component.
    (4) Settings of overload- and short-circuit protective devices.
    (5) Adequacy of means for connecting and protecting portable cable.



Sec. 18.62  Tests to determine explosion-proof characteristics.

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

[33 FR 4660, Mar. 19, 1968, as amended at 57 FR 61210, Dec. 23, 1992]



Sec. 18.63  [Reserved]



Sec. 18.65  Flame test of conveyor belting and hose.

    (a) Size of test specimen. (1) Conveyor belting--four specimens each 
6 inches long by \1/2\-inch wide by belt thickness, two cut parallel to 
the warp and two parallel to the weft.
    (2) Hose--four specimens each 6 inches long by \1/2\-inch wide by 
thickness of the hose.
    (b) Flame-test apparatus. The principal parts of the apparatus 
within and/or appended to a 21-inch cubical test gallery are:
    (1) A support stand with a ring clamp and wire gauze.
    (2) A Pittsburgh-Universal Bunsen-type burner (inside diameter of 
burner tube 11 mm.), or equivalent, mounted in a burner placement guide 
in such a manner that the burner may be placed beneath the test 
specimen, or pulled away from it by an external knob on the front panel 
of the test gallery.
    (3) A variable-speed electric fan and an ASME flow nozzle (16-8\1/2\ 
inches reduction) to attain constant air velocities at any speed between 
50-500 feet a minute.
    (4) An electric timer or stopwatch to measure the duration of the 
tests.
    (5) A mirror mounted inside the test gallery to permit a rear view 
of the test specimen through the viewing door.
    (c) Mounting of test specimen. The specimen shall be clamped in a 
support with its free end centered 1 inch above the burner top. The 
longitudinal axis shall be horizontal and the transverse axis inclined 
at 45[deg] to the horizontal. Under the test specimen shall be clamped a 
piece of 20-mesh iron-wire gauze, 5 inches square, in a horizontal 
position \1/4\-inch below the pulley cover edge of the specimen and with 
about

[[Page 112]]

\1/2\-inch of the specimen extending beyond the edge of the gauze.
    (d) Procedure for flame tests. (1) The Bunsen burner, retracted from 
the test position, shall be adjusted to give a blue flame 3 inches in 
height with natural gas.
    (2) The observation door of the gallery shall be closed for the 
entire test.
    (3) The burner flame shall be applied to the free end of the 
specimen for 1 minute in still air.
    (4) At the end of 1 minute the burner flame shall be removed, the 
ventilating fan turned on to give an air current having a velocity of 
300 feet per minute, and the duration of flame measured.
    (5) After the test specimen ceases to flame, it shall remain in the 
air current for at least 3 minutes to determine the presence and 
duration of afterglow. If a glowing specimen exhibits flame within 3 
minutes the duration of flame shall be added to the duration of flame 
obtained according to paragraph (d) (4) of this section.
    (e) Test requirements. The tests of the four specimens cut from any 
sample shall not result in either duration of flame exceeding an average 
of 1 minute after removal of the applied flame or afterglow exceeding an 
average of 3 minutes duration.
    (f) Acceptance markings. (1) Conveyor belting--conveyor belts 
accepted by MSHA as flame-resistant (fire-resistant) shall be marked as 
follows: Metal stencils furnished by the manufacturer shall be used 
during the vulcanizing process to produce letters depressed into the 
conveyor belt with the words ``Fire-Resistant, USMSHA No. ----.'' This 
number will be assigned to the manufacturer after the sample has passed 
the tests. The letters and numbers shall be at least \1/2\ inch high. 
The acceptance markings shall be placed approximately 1 inch from the 
edge of the carrying (top) cover of the conveyor belt and spaced at 
intervals not exceeding 30 feet for the entire length of the conveyor 
belt. The markings shall be so placed that they are alternately at 
opposite edges of the belt. Where cover thickness does not permit 
markings in accordance with the foregoing, other permanent markings may 
be accepted.
    (2) Hose--hose conduit accepted by MSHA as flame-resistant shall be 
marked as follows: Impressed letters, raised letters on depressed 
background, or printed letters with the words ``Flame-Resistant, USMSHA 
No. ----'' at intervals not exceeding 3 feet. This number will be 
assigned to the manufacturer after the sample has passed the tests. The 
letters and numbers shall be at least \1/4\-inch high.

[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978]



Sec. 18.66  Tests of windows and lenses.

    (a) Impact tests. A 4-pound cylindrical weight with a 1-inch-
diameter hemispherical striking surface shall be dropped (free fall) to 
strike the window or lens in its mounting, or the equivalent thereof, at 
or near the center. Three of four samples shall withstand without 
breakage the impact according to the following table:

------------------------------------------------------------------------
                                                               Height of
                 Lens diameter, (D), inches                      fall,
                                                                inches
------------------------------------------------------------------------
D<4.........................................................           6
4<= D<5.....................................................           9
5<= D<6.....................................................          15
6<= D.......................................................          24
------------------------------------------------------------------------


Windows or lenses of smaller diameter than 1 inch may be tested by 
alternate methods at the discretion of MSHA.
    (b) Thermal-shock tests. Four samples of the window or lens will be 
heated in an oven for 15 minutes to a temperature of 150 [deg]C. (302 
[deg]F.) and immediately upon withdrawal of the samples from the oven 
they will be immersed in water having a temperature between 15 [deg]C. 
(59 [deg]F) and 20 [deg]C. (68 [deg]F.). Three of the four samples shall 
show no defect or breakage from this thermal-shock test.



Sec. 18.67  Static-pressure tests.

    Static-pressure tests shall be conducted by the applicant on each 
enclosure of a specific design when MSHA determines that visual 
inspection will not reveal defects in castings or in single-seam welds. 
Such test procedure shall be submitted to MSHA for approval and the 
specifications on file with MSHA shall include a statement

[[Page 113]]

assuring that such tests will be conducted. The static pressure to be 
applied shall be 150 pounds per square inch (gage) or one and one-half 
times the maximum pressure recorded in MSHA's explosion tests, whichever 
is greater.



Sec. 18.68  Tests for intrinsic safety.

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

[[Page 114]]

have the primary and secondary windings physically separated. They shall 
be designed to withstand a test voltage of 1,500 volts when rated 125 
volts or less and 2,500 volts when rated more than 125 volts.
    (5) The line voltage shall be increased to 120 percent of nominal 
rated voltage to cover power line voltage variations.
    (6) In investigations of alternating current circuits a minimum of 
5,000 make-break sparks will be produced in each test.
    (d) The design of intrinsically safe circuits shall preclude 
extraneous voltages caused by insufficient isolation or inductive 
coupling. The investigation shall determine the effect of ground faults 
where applicable.
    (e) Identification markings: Circuits and components of 
intrinsically safe equipment and devices shall be adequately identified 
by marking or labeling. Battery-powered equipment shall be marked to 
indicate the manufacturer, type designation, ratings, and size of 
batteries used.



Sec. 18.69  Adequacy tests.

    MSHA reserves the right to conduct appropriate test(s) to verify the 
adequacy of equipment for its intended service.



     Subpart D_Machines Assembled With Certified or Explosion-Proof 

Components, Field Modifications of Approved Machines, and Permits To Use 
                         Experimental Equipment



Sec. 18.80  Approval of machines assembled with certified or explosion-proof 
components.

    (a) A machine may be a new assembly, or a machine rebuilt to perform 
a service that is different from the original function, or a machine 
converted from nonpermissible to permissible status, or a machine 
converted from direct- to alternating-current power or vice versa. 
Properly identified components that have been investigated and accepted 
for application on approved machines will be accepted in lieu of 
certified components.
    (b) A single layout drawing (see Figure 1 in Appendix II) or 
photographs will be acceptable to identify a machine that was assembled 
with certified or explosion-proof components. The following information 
shall be furnished:
    (1) Overall dimensions.
    (2) Wiring diagram.
    (3) List of all components (see Figure 2 in Appendix II) identifying 
each according to its certification number or the approval number of the 
machine of which the component was a part.
    (4) Specifications for:
    (i) Overcurrent protection of motors.
    (ii) All wiring between components, including mechanical protection 
such as hose conduits and clamps.
    (iii) Portable cable, including the type, length, outside diameter, 
and number and size of conductors.
    (iv) Insulated strain clamp for machine end of portable cable.
    (v) Short-circuit protection to be provided at outby end of portable 
cable.
    (c) MSHA reserves the right to inspect and to retest any 
component(s) that had been in previous service, as it deems appropriate.
    (d) When MSHA has determined that all applicable requirements of 
this part have been met, the applicant will be authorized to attach an 
approval plate to each machine that is built in strict accordance with 
the drawings and specifications filed with MSHA and listed with MSHA's 
formal approval. A design of the approval plate will accompany the 
notification of approval. (Refer to Sec. Sec. 18.10 and 18.11.)
    (e) Approvals are issued only by Approval and Certification Center, 
Box 201B Industrial Park Road, Dallas Pike, Triadelphia, W. Va. 26049.

[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978; 52 
FR 17514, May 8, 1987]



Sec. 18.81  Field modification of approved (permissible) equipment; 

application for approval of modification; approval of plans for 
modification before 
          modification.

    (a) An owner of approved (permissible) equipment who desires to make 
modifications in such equipment shall apply in writing to make such 
modifications. The application, together with the plans of 
modifications, shall

[[Page 115]]

be filed with Approval and Certification Center, RR 1, Box 251, 
Industrial Park Road, Triadelphia, WV 26059.
    (b) Proposed modifications shall conform with the applicable 
requirements of subpart B of this part, and shall not substantially 
alter the basic functional design that was originally approved for the 
equipment.
    (c) Upon receipt of the application for modification, and after such 
examination and investigation as may be deemed necessary by MSHA, MSHA 
will notify the owner and the District office of the mine workers' 
organization having jurisdiction at the mine where such equipment is to 
be operated stating the modifications which are proposed to be made and 
MSHA's action thereon.

[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978; 60 
FR 35693, July 11, 1995]



Sec. 18.82  Permit to use experimental electric face equipment in a 
gassy mine or tunnel.

    (a) Application for permit. An application for a permit to use 
experimental electric face equipment in a gassy mine or tunnel will be 
considered only when submitted by the user of the equipment. The user 
shall submit a written application to the Assistant Secretary of Labor 
for Mine Safety and Health, 1100 Wilson Blvd., Room 2322, Arlington, 
Virginia 22209-3939, and send a copy to Approval and Certification 
Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059.
    (b) Requirements--(1) Constructional. (i) Experimental equipment 
shall be so constructed that it will not constitute a fire or explosion 
hazard.
    (ii) Enclosures designed as explosion-proof, unless already 
certified, or components of previously approved (permissible) machines, 
shall be submitted to MSHA for inspection and test and shall meet the 
applicable design requirements of subpart B of this part. Components 
designed as intrinsically safe also shall be submitted to MSHA for 
investigation.
    (iii) MSHA may, at its discretion, waive the requirements for 
detailed drawings of component parts, inspections, and tests provided 
satisfactory evidence is submitted that an enclosure has been certified, 
or otherwise accepted by a reputable testing agency whose standards are 
substantially equivalent to those set forth in subpart B of this part.
    (2) Specifications. The specifications for experimental equipment 
shall include a layout drawing (see Figure 1 in Appendix II) or 
photograph(s) with the components, including overcurrent-protective 
device(s) with setting(s) identified thereon or separately; a wiring 
diagram; and descriptive material necessary to insure safe operation of 
the equipment. Drawings already filed with MSHA need not be duplicated 
by the applicant, but shall be properly identified.
    (c) Final inspection. Unless equipment is delivered to MSHA for 
investigation, the applicant shall notify Approval and Certification 
Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059, when 
and where the experimental equipment will be ready for inspection by a 
representative of MSHA before installing it on a trial basis. Such 
inspection shall be completed before a permit will be issued.
    (d) Issuance of permit. When the inspection discloses full 
compliance with the applicable requirements of this subpart, the 
Assistant Secretary will issue a permit sanctioning the operation of a 
single unit in a gassy mine or tunnel, as designated in the application. 
If the applicant is not the assembler of the equipment, a copy of the 
permit also may be sent to the assembler.
    (e) Duration of permit. A permit will be effective for a period of 6 
months. For a valid reason, to be stated in a written application, the 
Administrator of MSHA may grant an extension of a permit for an 
additional period, not exceeding 6 months. Further extension will be 
granted only where, after investigation, the Assistant Secretary finds 
that for reasons beyond the control of the user, it has not been 
possible to complete the experiment within the period covered by the 
extended permit.
    (f) Permit label. With the notification granting a permit, the 
applicant will receive a photographic copy of a permit label bearing the 
following:
    (1) Emblem of the Mine Safety and Health Administration.

[[Page 116]]

    (2) Permit number.
    (3) Expiration date of the permit.
    (4) Name of machine.
    (5) Name of the user and mine or tunnel.

The applicant shall attach the photographic copy of the permit label, or 
replica thereof, to the experimental equipment. If a photograph is used, 
a clear plastic covering shall be provided for it.
    (g) Withdrawal of permit. The Assistant Secretary may rescind, for 
cause, any permit granted under this subpart.

[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978; 52 
FR 17514, May 8, 1987; 60 FR 35693, July 11, 1995; 67 FR 38384, June 4, 
2002]

                   Appendix I to Subpart D of Part 18

                             LIST OF TABLES
------------------------------------------------------------------------
 Table
  No.                                 Title
------------------------------------------------------------------------
      1  Portable power cable ampacities--600 volts.
      2  Portable cord ampacities--600 volts.
      3  Portable power cable ampacities--601 to 5,000 volts.
      4  Normal diameter of round cables with tolerances in inches--600
          volts.
      5  Nominal dimension of flat cables with tolerances in inches--600
          volts.
      6  Nominal diameter of heavy jacketed cords with tolerances in
          inches--600 volts.
      7  Nominal diameter of three-conductor portable power cables with
          tolerances in inches--601 to 5,000 volts.
      8  Fuse ratings or instantaneous settings of circuit breakers for
          short-circuit protection of portable cables.
      9  Specifications for portable cables longer than 500 feet.
------------------------------------------------------------------------


      Table 1--Portable Power Cable Ampacities--600 Volts (Amperes Per Conductor Based on 60 [deg]C. Copper
                                        Temperature--40 [deg]C. Ambient)
----------------------------------------------------------------------------------------------------------------
                                                      2-           3-
                                       Single     conductor,   conductor,
    Conductor size--AWG or MCM       conductor     round or     round or   4-conductor  5-conductor  6-conductor
                                                     flat         flat
----------------------------------------------------------------------------------------------------------------
8.................................           45           40           35           30           25           20
6.................................           60           50           50           40           35           30
4.................................           85           70           65           55           45           35
3.................................           95           80           75           65           55           45
2.................................          110           95           90           75           65           55
1.................................          130          110          100           85           75           65
1/0...............................          150          130          120          100           90           80
2/0...............................          175          150          135          115          105           95
3/0...............................          205          175          155          130          120          110
4/0...............................          235          200          180          150          140          130
250...............................          275          220          200          160  ...........  ...........
300...............................          305          240          220          175  ...........  ...........
350...............................          345          240          235          190  ...........  ...........
400...............................          375          280          250          200  ...........  ...........
450...............................          400          300          270          215  ...........  ...........
500...............................          425          320          290          230  ...........  ...........
----------------------------------------------------------------------------------------------------------------


 Table 2--Portable Cord Ampacities--600 Volts (Amperes Per Conductor Based on 60 [deg]C. Copper Temperature--40
                                                [deg]C. Ambient)
----------------------------------------------------------------------------------------------------------------
            Conductor size--AWG                  1-3 conductor          4-6 conductor          7-9 conductor
----------------------------------------------------------------------------------------------------------------
14.........................................                     15                     12                      8
12.........................................                     20                     16                     11
10.........................................                     25                     20                     14
----------------------------------------------------------------------------------------------------------------


[[Page 117]]


 Table 3--Portable Power Cable Ampacities--601 to 5,000 Volts (Amperes Per Conductor Based on 75 [deg]C. Copper
                                        Temperature--40 [deg]C. Ambient)
----------------------------------------------------------------------------------------------------------------
                                   3-conductor types G-GC and SIIC-GC      3-conductor type SHD-GC 2,001-5,000
  Conductor size--AWG or MCM                  2,000 volts                                 volts
----------------------------------------------------------------------------------------------------------------
6.............................                                       65                                       65
4.............................                                       85                                       85
3.............................                                      100                                      100
2.............................                                      115                                      115
1.............................                                      130                                      130
1/0...........................                                      145                                      145
2/0...........................                                      170                                      170
3/0...........................                                      195                                      195
4/0...........................                                      220                                      220
250...........................                                      245                                      245
300...........................                                      275                                      275
350...........................                                      305                                      305
----------------------------------------------------------------------------------------------------------------


                                     Table 4--Nominal Diameters of Round Cables With Tolerances in Inches--600 Volts
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  2-conductor                 3-conductor                                                 6-conductor
                                          -------------------------------------------------------                                    -------------------
                                                                                          Type      4-conductor--     5-conductor--
  Conductor size--AWG or MCM      Single   Types W    Type     Type              Type    PCG, 3      Types W & G       Types W & G
                                conductor    & G     PG, 2    PCG, 3  Types W   PG, 3   power, 2                                       Type w  Tolerance
                                           twisted   power    power,    & G     power,  control,
                                                              ground            ground   ground
--------------------------------------------------------------------------------------------------------------------------------------------------------
8.............................      0.44      0.81     0.84     0.94     0.91     0.93      1.03          0.99              1.07         1.18    
    O.D., ------[foot] Long
Hose--Motor to Starter Cable:
    ------ I.D., ------ O.D., ------ [foot] Long
Portable (Trailing) Cable--
Type:___________________________________________________________________
    Cond. No. ------, ------
    O.D., ------[foot] Long
Hose--for Portable Cable:
    ------ I.D., ------ O.D., ------[foot] Long
Hose Clamps--
    2 for Motor-Starter Hose conduit ------ D
    1 for Portable Cable Hose conduit ---- D*

    *Only when short length of hose is used. Trolley Tap--

                                                 (Manufacturing Company)
    Model ---------------------------- with -------ampere fuse.
Rail Clamps, 2.
    1 Ground Clamp, Cat. No. ------

                                                 (Manufacturing Company)
    1 Return Power Conductor, Cat. No. ------

                                                 (Manufacturing Company)
or--as Optional
Plug on outby end of potable cable for insertion into receptacle on 
distribution box or equivalent with short-circuit protective device set 
at ------ amperes.
Static-free Belt
    Model
    Style
    Catalog No. ------,

                                                 (Manufacturing Company)
Guard for Belt--
Material________________________________________________________________

[[Page 121]]

    Overall Dimensions ------ Long x ------
    Wide x------ High
    Note: The foregoing is intended as a guide. Additional electrical 
components used shall be completely identified.

Figure 3--Material To Be Included With the Operating Instructions--on or 
           With the Wiring Diagram Submitted to Each Customer

            (Sometimes referred to as ``Caution Statement'')

                                 caution

    To retain ``permissibility'' of this equipment the following 
conditions shall be satisfied:
    1. General safety. Frequent inspection shall be made. All electrical 
parts, including the portable cable and wiring, shall be kept in a safe 
condition. There shall be no openings into the casings of the electrical 
parts. A permissible distribution box shall be used for connection to 
the power circuit unless connection is made in fresh intake air. To 
maintain the overload protection on direct-current machines, the 
ungrounded conductor of the portable cable shall be connected to the 
proper terminal. The machine frame shall be effectively grounded. The 
power wires shall not be used for grounding except in conjunction with 
diode(s) or equivalent. The operating voltage should match the voltage 
rating of the motor(s).
    2. Servicing. Explosion-proof enclosures shall be restored to the 
state of original safety with respect to all flame arresting paths, lead 
entrances, etc., following disassembly for repair or rebuilding, whether 
by the owner or an independent shop.
    3. Fastenings. All bolts, nuts, screws, and other means of 
fastening, and also threaded covers, shall be in place, properly 
tightened and secured.
    4. Renewals and repairs. Inspections, repairs, or renewals of 
electrical parts shall not be made unless the portable cable is 
disconnected from the circuit furnishing power, and the cable shall not 
be connected again until all parts are properly reassembled. Special 
care shall be taken in making renewals or repairs. Leave no parts off. 
Use replacement parts exactly like those furnished by the manufacturer. 
When any lead entrance is disturbed, the original leads or exact 
duplicates thereof shall be used and stuffing boxes shall be repacked in 
the approved manner.
    5. Cable requirements. A flame-resistant portable cable bearing a 
MSHA assigned identification number, adequately protected by an 
automatic circuit-interrupting device shall be used. Special care shall 
be taken in handling the cable to guard against mechanical injury and 
wear. Splices in portable cables shall be made in a workmanlike manner, 
mechanically strong, and well insulated. Not more than five temporary 
splices are permitted in a portable cable regardless of length. 
Connections and wiring to the outby end of the cable shall be in 
accordance with recognized standards of safety.

                Figure 4--Sample Factory Inspection Form

                                                       Date ------------
                                      Inspector ------------------------

                                 machine

Designation:____________________________________________________________
Type: ------------ Serial No.___________________________________________

                                  motor

Manufacturer:___________________________________________________________
Serial No.: ------ Type:________________________________________________
Frame:__________________________________________________________________
Hp.---- F.L. Speed:---- Volts:---- Amps.--
Winding: ------ X/P No. ------ (or parts list designation).

                                 starter

Manufacturer:___________________________________________________________
Serial No. ------ Type:_________________________________________________
Hp. ------ Volts: ------ X/P No. ------ (or parts list designation).
Short-circuit protection ------ amps.
Overload-current protection ------ amps.

                             portable cable

Manufacturer: ----------------------------------
Type: ------------ Conductors: --------------
Length: ------ O.D. ------ MSHA No. --------

[[Page 122]]

Is all wiring around machine adequately protected from mechanical 
damage?
By hose conduit----------, Troughs______________________________________
Metal tubing ----------, Other__________________________________________
By removal of all sharp corners or edges?_______________________________
Is wiring separated from hydraulic components?__________________________
Is an adequate insulated strain clamp provided for the portable cable?__
Are all packing glands properly packed so that \1/8\-inch clearance 
remains between packing nut and stuffing box?___________________________
Are lockwashers (or equivalent) provided for all explosion-proof 
enclosure fastenings?___________________________________________________
Are all plane joints securely fastened so that an 0.005-inch feeler gage 
cannot be inserted?_____________________________________________________
Are all threaded covers secured?________________________________________
How?____________________________________________________________________
Are all electrical connections secure --------and properly insulated 
where necessary?________________________________________________________
    Note: Add appropriate material for each explosion-proof enclosure 
when more than a motor and starter are on a machine.
[GRAPHIC] [TIFF OMITTED] TC22OC91.014

[GRAPHIC] [TIFF OMITTED] TC22OC91.015

[GRAPHIC] [TIFF OMITTED] TC22OC91.016

[GRAPHIC] [TIFF OMITTED] TC22OC91.017


[[Page 123]]


[GRAPHIC] [TIFF OMITTED] TC22OC91.018

[GRAPHIC] [TIFF OMITTED] TC22OC91.019


[33 FR 4660, Mar. 19, 1968, as amended at 42 FR 8373, Feb. 10, 1977; 42 
FR 25855, May 20, 1977]

   Subpart E_Field Approval of Electrically Operated Mining Equipment

    Source: 36 FR 7007, Apr. 13, 1971, unless otherwise noted.



Sec. 18.90  Purpose.

    The regulations of this subpart E set forth the procedures and 
requirements for permissibility which must be met to obtain MSHA field 
approval of electrically operated machinery used or intended for use in 
by the last open crosscut of a coal mine which has not been otherwise 
approved, certified or accepted under the provisions of this part 18, 
chapter I, title 30, Code of Federal Regulations (Bureau of Mines 
Schedule 2G).



Sec. 18.91  Electric equipment for which field approvals will be 
          issued.

    (a) Individual field approvals will be issued by MSHA under the 
provisions of this subpart E for electrically operated machines 
commercially built, or constructed, by the owner-coal mine operator of 
such machines including any associated electrical equipment, electrical 
components, and electrical accessories.
    (b) Approvals will not be issued under the provisions of this 
subpart E for electrically operated mining equipment manufactured or 
rebuilt primarily for sale or resale to any operator of a coal mine, or 
for small electrically operated equipment which consumes less than 2,250 
watts of electricity, or for instruments and other small devices which 
employ electric power.



Sec. 18.92  Quality of material and design.

    (a) Electrically operated machinery approved under the provisions of 
this subpart E shall be rugged in construction and shall be designed to 
facilitate maintenance and inspection.
    (b) MSHA shall conduct field investigations and, where necessary, 
field test electric machinery only where such machinery is found to be 
constructed of suitable materials and safe for its intended use.



Sec. 18.93  Application for field approval; filing procedures.

    (a)(1) Investigation and testing leading to field approval shall be 
undertaken by MSHA only pursuant to individual written applications for 
each machine submitted in triplicate on MSHA Form No. 6-1481, by the 
owner-coal mine operator of the machine.
    (2) Except as provided in paragraph (b) of this section, each 
application shall be accompanied by appropriate

[[Page 124]]

photographs, drawings, specifications, and descriptions as required 
under the provisions of Sec. 18.94 and each such application shall be 
filed with the Coal Mine Health and Safety District Manager for the 
District in which such machine will be employed.
    (b) The Coal Mine Health and Safety District Manager may, upon 
receipt of any application filed pursuant to paragraph (a) of this 
section, waive the requirements of Sec. 18.94 with respect to such 
application if he determines that the submission of photographs, 
drawings, specifications, or descriptions will place an undue financial 
burden upon the applicant. In the event a waiver is granted in 
accordance with this paragraph (b), initial review of the application 
will be waived and the applicant shall be notified on MSHA Form 6-1481 
of such waiver and the date, time, and location at which field 
inspection of the equipment described in the application will be 
conducted.
    (c) Following receipt of an application filed in accordance with 
paragraph (a) of this section, the Coal Mine Health and Safety District 
Manager shall determine whether the application has been filed in 
accordance with Sec. 18.91, and cause the application to be reviewed by 
a qualified electrical representative to determine compliance with Sec. 
18.92:
    (1) If it is determined on the basis of the application or the data 
submitted in accordance with Sec. 18.94 that further consideration of a 
field approval is warranted under this subpart E or that the machine 
appears suitable and safe for its intended use, the Coal Mine Health and 
Safety District Manager shall advise the applicant in writing that 
further investigation and inspection of the machine will be necessary. 
The notice issued by the Coal Mine Health and Safety District Manager 
shall set forth the time and place at which such inspection will be 
conducted and specify the location and size of any tapped holes required 
to be made by the applicant to facilitate the pressure testing of 
enclosures.
    (2) If it is determined on the basis of data submitted in accordance 
with Sec. 18.94 that the applicant is not qualified to receive an 
approval or that the machine does not appear to be suitable and safe for 
its intended use, the Coal Mine Health and Safety District Manager shall 
so advise the applicant in writing, setting forth the reasons for his 
denial of the application, and where applicable, the deficiencies in the 
machine which rendered it unsuitable or unsafe for use.
    (3) Rejected applications, together with attached photographs, 
drawings, specifications and descriptions shall be forwarded by the Coal 
Mine Health and Safety District Manager to Approval and Certification 
Center which shall record all pertinent data with respect to the machine 
for which field approval was sought.

[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978]



Sec. 18.94  Application for field approval; contents of application.

    (a) Each application for field approval shall, except as provided in 
Sec. 18.93(b), include the following information with respect to the 
electrically operated machine for which field approval is sought:
    (1) The trade name and the certification number or other means of 
identifying any explosion-proof compartment or intrinsically-safe 
component installed on the machine for which a prior approval or 
certification has been issued under the provisions of Bureau of Mines 
Schedules 2D, 2E, 2F, or 2G.
    (2) The trade name and the flame-resistance acceptance or approval 
number of any cable, cord, hose, or conveyor belt installed on the 
machine for which prior acceptance or approval by MSHA has been issued.
    (b) Each application for field approval shall be accompanied by:
    (1) If the machine is constructed or assembled entirely from 
components which have been certified or removed from machines approved 
under Bureau of Mines Schedule 2D, 2E, 2F, or 2G, photographs or a 
single layout drawing which clearly depicts and identifies each of the 
permissible components and its location on the machine.
    (2) If the machine contains one or more components required to be 
permissible which has not been approved or certified under Bureau of 
Mines Schedule 2D, 2E, 2F, or 2G, a single layout drawing which clearly 
identifies all

[[Page 125]]

of the components from which it was assembled.
    (3) All applications shall include specifications for:
    (i) Overcurrent protection of motors;
    (ii) All wiring between components, including mechanical protection 
such as hose conduit and clamps;
    (iii) Portable trailing cable for use with the machine, including 
the type, length, diameter, and number and size of conductors;
    (iv) Insulated strain clamp for machine end of portable trailing 
cable;
    (v) Short-circuit protection to be provided at outby end of portable 
trailing cable.

[33 FR 4660, Mar. 19, 1968, as amended at 57 FR 61223, Dec. 23, 1992]



Sec. 18.95  Approval of machines constructed of components approved, 
          accepted or certified under Bureau of Mines Schedule 2D, 2E, 
          2F, or 2G.

    Machines for which field approval is sought which are constructed 
entirely from properly identified components that have been investigated 
and accepted or certified for applications on approved machines under 
the Bureau of Mines Schedule 2D, 2E, 2F, or 2G, shall be approved 
following a determination by the electrical representative that the 
construction of the entire machine is permissible and conforms to the 
data submitted in accordance with Sec. 18.94.



Sec. 18.96  Preparation of machines for inspection; requirements.

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



Sec. 18.97  Inspection of machines; minimum requirements.

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

[33 FR 4660, Mar. 19, 1968, as amended at 42 FR 8373, Feb. 10, 1977]

[[Page 126]]



Sec. 18.98  Enclosures, joints, and fastenings; pressure testing.

    (a) Cast or welded enclosures shall be designed to withstand a 
minimum internal pressure of 150 pounds per square inch (gage). Castings 
shall be free from blowholes.
    (b) Pneumatic field testing of explosion-proof enclosures shall be 
conducted by determining:
    (1) Leak performance with a peak dynamic or static pressure of 150 
pounds per square inch (gage); or
    (2) A pressure rise and rate of decay consistent with unyielding 
components during a pressure-time history as derived from a series of 
oscillograms.
    (c) Welded joints forming an enclosure shall have continuous 
gastight welds.



Sec. 18.99  Notice of approval or disapproval; letters of approval and 
          approval plates.

    Upon completion of each inspection conducted in accordance with 
Sec. 18.97(b), the electrical representative conducting such inspection 
shall record his findings with respect to the machine examined on MSHA 
Form No. 6-1481 together with his recommendation of approval or 
disapproval of the machine.
    (a) If the qualified electrical representative recommends field 
approval of the machine, the Coal Mine Health and Safety District 
Manager shall forward the completed application form together with all 
attached photographs, drawings, specifications, and descriptions to 
Approval and Certification Center. Approval and Certification Center 
shall record all pertinent data with respect to such machine, issue a 
letter of approval with a copy to the Coal Mine Health and Safety 
District Manager who authorized its issuance and send the field approval 
plate to the applicant. The approval plate shall be affixed to the 
machine by the applicant in such a manner so as not to impair its 
explosion-proof characteristics.
    (b) If the electrical representative recommends disapproval of the 
machine, he shall record the reasons for such disapproval and the Coal 
Mine Health and Safety District Manager shall forward the completed 
application form and other data to Approval and Certification Center 
which shall record all pertinent data with respect to such machine and 
notify the applicant that the application for approval has been rejected 
and the reasons for the rejection.

[33 FR 4660, Mar. 19, 1968, as amended at 42 FR 8373, Feb. 10, 1977; 43 
FR 12314, Mar. 24, 1978]



PART 19_ELECTRIC CAP LAMPS--Table of Contents




Sec.
19.1 Purpose.
19.2 [Reserved]
19.3 Applications.
19.4 Conditions governing investigations.
19.5 General requirements for approval.
19.6 Specific requirements for approval.
19.7 Protection against explosion hazard.
19.8 Protection against bodily hazard.
19.9 Performance.
19.10 Material required for MSHA records.
19.11 How approvals are granted.
19.12 Wording, purpose, and use of approval plate.
19.13 Instructions for handling future changes in lamp design.

    Authority: 30 U.S.C. 957, 961.
    Secs. 19.1(b) and 19.7(a) also issued under 30 U.S.C. 811.

    Source: Schedule 6D, 4 FR 4003, Sept. 21, 1939, unless otherwise 
noted.



Sec. 19.1  Purpose.

    (a) The purpose of investigations made under this part is to promote 
the development of electric cap lamps that may be used in mines, 
especially in mines that may contain dangerous concentrations of 
methane. Lists of such lamps will be published from time to time in 
order that State mine-inspection departments, compensation bureaus, mine 
operators, miners, and others interested in safe equipment for mines may 
have information in regard to available permissible electric cap lamps. 
This part supersedes Schedule 6C issued under date of December 21, 1935, 
and goes into effect August 26, 1939.
    (b) Any electric cap lamp that meets the requirements set forth in 
this part will be termed ``permissible'' by MSHA and, if actively 
marketed, will be listed as such in publications relating to permissible 
electric cap lamps. MSHA will test only electrical equipment that in

[[Page 127]]

the opinion of its qualified representatives is constructed of suitable 
materials, is of good quality workmanship, is based on sound engineering 
principles, and is safe for its intended use. MSHA reserves the right to 
modify design, construction, and test requirements to obtain the same 
degree of protection as provided by the tests described in this part.
    (c) Definition of permissible. Completely assembled and conforming 
in every respect with the design formally approved by the MSHA under 
this part. (Approvals under this part are given only to equipment for 
use in gassy and dusty mines.)
    Note: Paragraph (b) of this section is issued under the authority of 
Sec. 101 of the Federal Mine Safety and Health Act of 1977, Pub. L. 91-
173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811). All 
other paragraphs in this section continue under the original authority.

(Sec. 101, Federal Mine Safety and Health Act of 1977, 91 Stat. 1291 (30 
U.S.C. 811))

[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as amended by Supp. 1, 20 FR 
2718, Apr. 23, 1955; 47 FR 11369, Mar. 16, 1982]



Sec. 19.2  [Reserved]



Sec. 19.3  Applications.

    (a) Before MSHA will undertake the active investigation leading to 
approval of any lamp, the manufacturer shall make application by letter 
for an investigation leading to approval of its lamp. This application, 
accompanied by a check, bank draft, or money order, payable to U.S. Mine 
Safety and Health Administration, to cover all the necessary fees, shall 
be sent to Approval and Certification Center, Rural Route 1, 
Box 251, Industrial Park Road, Triadelphia, WV 26059, together with the 
required drawings, one complete lamp, and instructions for its 
operation.
    (b) Where the applicant for approval has used an independent 
laboratory under part 6 of this chapter to perform, in whole or in part, 
the necessary testing and evaluation for approval under this part, the 
applicant must provide to MSHA as part of the approval application:
    (1) Written evidence of the laboratory's independence and current 
recognition by a laboratory accrediting organization;
    (2) Complete technical explanation of how the product complies with 
each requirement in the applicable MSHA product approval requirements;
    (3) Identification of components or features of the product that are 
critical to the safety of the product; and
    (4) All documentation, including drawings and specifications, as 
submitted to the independent laboratory by the applicant and as required 
by this part.
    (c) An applicant may request testing and evaluation to non-MSHA 
product safety standards which have been determined by MSHA to be 
equivalent, under Sec. 6.20 of this chapter, to MSHA's product approval 
requirements under this part.

[68 FR 36419, June 17, 2003]



Sec. 19.4  Conditions governing investigations.

    (a) One complete lamp, with the assembly and detail drawings that 
show the construction of the lamp and the materials of which it is made, 
should be submitted at the time the application for test is made. This 
material should be sent prepaid to Approval and Certification Center, RR 
1, Box 251, Industrial Park Road, Triadelphia, WV 26059.
    (b) When this lamp has been inspected by MSHA, the applicant will be 
notified as to the amount of material that will be required for the 
tests. In general, the material required will be as follows: (1) Thirty 
complete lamps; (2) 500 bulbs; (3) 50 feet of cord; (4) a battery 
discharge rack for 20 batteries; and (5) a 50-bulb rack. Specifications 
for items (4) and (5) will be furnished by MSHA.
    (c) The applicant will be notified of the date on which the tests 
will start and will be given an opportunity to witness them.
    (d) Observers at formal investigations and demonstrations. No one 
shall be present during any part of the formal investigation conducted 
by MSHA which leads to approval for permissibility except the necessary 
Government personnel, representatives of the applicant, and such other 
persons as may be mutually agreed upon by the

[[Page 128]]

applicant and MSHA. Upon granting approval for permissibility, MSHA will 
announce that such approval has been granted to the device and may 
thereafter conduct, from time to time in its discretion, public 
demonstrations of the tests conducted on the approved device. Those who 
attend any part of the investigation, or any public demonstration, shall 
be present solely as observers; the conduct of the investigation and of 
any public demonstration shall be controlled by MSHA. Results of 
chemical analyses of material and all information contained in the 
drawings, specifications, and instructions shall be deemed confidential 
and their disclosure will be appropriately safeguarded by MSHA.
    (e) Permissibility tests will not be made unless the lamp has been 
completely developed and is in a form that can be marketed.
    (f) The results of the tests shall be regarded as confidential by 
all present at the tests and shall not be made public in any way prior 
to the formal approval of the lamp by MSHA.
    (g) No verbal report of approval or disapproval will be made to the 
applicant. After MSHA has considered the results of the tests, a formal 
report of the approval or disapproval will be made to the applicant in 
writing by Approval and Certification Center. The applicant shall not 
advertise the lamp as being permissible or as having passed the tests 
prior to receipt of formal notice of approval.

[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as amended by Supp. 1, 20 FR 
2718, Apr. 23, 1955; 43 FR 12314, Mar. 24, 1978; 60 FR 35693, July 11, 
1996]



Sec. 19.5  General requirements for approval.

    Electric cap lamps shall be complete units. They shall be durable in 
construction, practical in operation, and suitable for the conditions of 
underground service. They shall offer no probable explosion hazard if 
used in gassy or dusty mine atmospheres or bodily hazard from the 
spilling of the battery electrolyte. They shall exhibit, under 
laboratory test conditions, the various minimum performance requirements 
specified in this part.



Sec. 19.6  Specific requirements for approval.

    (a) Design. In the determination of the adequacy of the lamp, with 
respect to design, the following points will be considered: (1) The 
materials used; (2) construction; (3) weight; (4) amount of light; (5) 
distribution of light; and (6) exclusion of dust from the headpiece. The 
suitability of the materials and the construction shall be determined by 
preliminary inspection, by dropping tests, \1\ by durability tests of 
the cord and cord armor, \2\ and by the general behavior of the lamp 
equipment during the investigation. The amount and distribution of the 
light shall be judged both by observation of the illumination on a white 
screen and by photometric measurements.
---------------------------------------------------------------------------

    \1\ Batteries are dropped 3 feet, at least 20 times onto an oak 
floor. Headpieces are dropped 6 feet, at least 20 times, onto concrete.
    \2\ Ten cords, assembled with the cord armor and outlet of the lamp 
with which it is to be used, are slatted at least 100,000 times through 
an arc of 50 degrees at approximately 90 slattings per minute.
---------------------------------------------------------------------------

    (b) Angle of light beam. MSHA recommends that the angle of the light 
beam be at least 130 degrees horizontally to insure that the contrast 
edge of the beam is away from the more sensitive sector of the wearer's 
vision; however, to allow for manufacturing and assembly tolerances and 
the use of multiple filament bulbs, MSHA will approve lamps giving a 
minimum beam angle of 120 degrees. If the bulb has more than one major 
filament, the one giving the smaller angle will be used in the 
determination.
    (c) Light distribution, visual. Excepting special headpieces for 
inspection purposes, the area illuminated by the beam shall be free from 
sharp gradations in light intensity and spectral shadows.
    (d) Light distribution, photometric. (1) Excepting special 
headpieces for inspection purposes, the maximum candlepower of the light 
beam shall not be greater than 25 times the average or mean candlepower 
of the beam. \3\
---------------------------------------------------------------------------

    \3\ The minimum allowable angle of 120 degrees will be used in 
determining the mean candlepower of the beam.

---------------------------------------------------------------------------

[[Page 129]]

    (2) The minimum candlepower of the beam based upon readings at the 
design voltage of the bulb shall not be less than 1.



Sec. 19.7  Protection against explosion hazard.

    Unless properly designed, electric cap lamps may present two sources 
of probable explosion hazards: Ignition of an explosive atmosphere by 
the heated filament of the bulb in case the bulb glass is accidentally 
broken, and ignition by sparks or flashes from the battery. MSHA 
therefore requires the following safeguards:
    (a) Safety device or design. The headpiece shall have a safety 
device to prevent the ignition of explosive mixtures of methane and air 
if the bulb glass surrounding the filament is broken. Alternatively, if 
the lamp is designed and constructed to prevent the ignition of 
explosive mixtures of methane and air by protecting the bulb from 
breakage and preventing exposure of the hot filament, no safety device 
is required.
    (b) Headpiece lock or seal. The headpiece shall be provided with a 
lock or seal to prevent unauthorized removal of the lens and tampering 
with the safety device, the bulb, or the electrical contacts.
    (c) Locks on charging terminals. Lamps shall be equipped with a 
magnetic or other equally effective lock at the battery, the headpiece, 
or the cord assembly to prevent unauthorized access to live charging 
terminals.
    (d) Protection of battery terminals. The battery covers of lamps 
that are recharged through the cord shall be so constructed and 
assembled as to prevent unauthorized access to the battery terminals.
    (e) Battery current restricted. The amount of current flow between 
the conductors of the cord, if short-circuited just outside of the 
battery casing or cord armor, shall be limited by the design of the 
battery or by a fuse to such a value\4\ as will not produce sparks that 
will ignite an explosive mixture of methane and air.
---------------------------------------------------------------------------

    \4\ The following maximum short-circuit current values may be used 
as a guide in the design of cap lamp batteries: 100 amperes for a 4-volt 
battery; 75 amperes for a 6-volt battery; 50 amperes for an 8-volt 
battery.
---------------------------------------------------------------------------

    (f) It shall not be possible to obtain a difference of potential 
between any two accessible points of the cap lamp when assembled for 
use.
    Note: Paragraph (a) of this section is issued under the authority of 
Sec. 101 of the Federal Mine Safety and Health Act of 1977, Pub. L. 91-
173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811). All 
other paragraphs in this section continue under the original authority.

(Sec. 101, Federal Mine Safety and Health Act of 1977, 91 Stat. 1291 (30 
U.S.C. 811))

[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as amended at 47 FR 11369, Mar. 
16, 1982]



Sec. 19.8  Protection against bodily hazard.

    This hazard is chiefly due to the possible burning of the wearer by 
electrolyte spilled from the battery. MSHA therefore requires that:
    (a) Spilling of electrolyte. The lamp shall be so designed and 
constructed that, when properly filled, the battery will neither leak 
nor spill electrolyte under actual service conditions. Lamps passing a 
laboratory spilling test will be considered satisfactory in this 
respect, contingent upon satisfactory performance in service.
    (b) Corrosion of battery container. The material of which the 
container is made shall resist corrosion under conditions of use.



Sec. 19.9  Performance.

    In addition to the general design and the safety features, MSHA 
considers that a lamp of permissible type should meet certain minimum 
requirements with respect to performance, as follows:
    (a) Time of burning and candlepower. Permissible electric cap lamps 
shall burn for at least 10 consecutive hours on one charge of the 
battery and shall give during that period a mean candlepower of light 
beam of not less than 1.
    (b) Bulb life. The average life of the bulbs shall be not less than 
200 hours, and at least 92 percent of the bulbs shall have a life of 150 
hours. The life of a bulb is the number of hours its main filament will 
burn in the cap lamp or its equivalent.

[[Page 130]]

    The life of a bulb having main filaments in parallel is considered 
ended when the first filament ceases to burn; the life of a bulb having 
independent main filament is considered ended when the last filament 
ceases to burn.
    (c) Bulb uniformity. (1) The bulbs submitted shall meet the 
following minimum requirements for variation in current consumption and 
candlepower:
    (2) The current consumption of at least 94 percent of the bulbs 
shall not exceed the average current by more than 6 percent. The 
candlepower (s. cp.) of at least 90 percent of the bulbs shall not fall 
short of the average candlepower by more than 30 percent.
    (d) Corrosion of contacts. Battery terminals and leads therefrom, as 
well as the battery gas vents, shall be designed to minimize corrosion 
of the electrical contacts.

[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as amended at 47 FR 11369, Mar. 
16, 1982]



Sec. 19.10  Material required for MSHA records.

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



Sec. 19.11  How approvals are granted.

    (a) All approvals are granted by official letter from MSHA. A lamp 
will be approved under this part only when the testing engineers judge 
that the lamp has met the requirements of the part and MSHA's records 
concerning the lamp are complete, including drawings from the 
manufacturer that show the lamp as it is to be commercially made. No 
verbal reports of MSHA's decisions, concerning the investigation will be 
given, and no informal approvals will be granted.
    (b) As soon as the manufacturer has received the formal approval he 
shall be free to advertise his lamps as permissible.

[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as amended by Supp. 1, 20 FR 
2718, Apr. 23, 1955]



Sec. 19.12  Wording, purpose, and use of approval plate.

    (a) Approval plate. The manufacturer shall attach, stamp, or mold an 
approval plate on the battery container of each permissible lamp. The 
plate shall bear the emblem of the Mine Safety and Health Administration 
and be inscribed as follows: ``Permissible Electric Cap Lamp. Approval 
No. -------- issued to the -------- Company.'' When deemed necessary, an 
appropriate caution statement shall be added. The size and position of 
the approval plate shall be satisfactory to MSHA.
    (b) Purpose of approval plate. The approval plate is a label which 
identifies the lamp so that anyone can tell at a glance whether or not 
the lamp is of the permissible type. By it, the manufacturer can point 
out that his lamp complies with specifications of MSHA and that it has 
been judged as suitable for use in gassy mines.
    (c) Use of approval plate. Permission to place MSHA's approval plate 
on his lamp obligates the manufacturer to maintain the quality of his 
product and to see that each lamp is constructed according to the 
drawings which have been accepted by MSHA for this lamp and which are in 
MSHA's files. Lamps exhibiting changes in design which have not been 
approved are not permissible lamps and must not bear MSHA's approval 
plate.
    (d) Withdrawal of approval. MSHA reserves the right to rescind, for 
cause, at any time any approval granted under this part.

[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as amended at 43 FR 12314, Mar. 
24, 1978]

[[Page 131]]



Sec. 19.13  Instructions for handling future changes in lamp design.

    All approvals are granted with the understanding that the 
manufacturer will make his lamp according to the drawings which he has 
submitted to MSHA and which have been considered and included in the 
approval. Therefore, when he desires to make any change in the design of 
the lamp, he should first of all obtain MSHA's approval of the change. 
The procedure is as follows:
    (a)(1) The manufacturer shall write to the Approval and 
Certification Center, Rural Route 1, Box 251, Industrial Park 
Road, Triadelphia, WV 26059, requesting an extension of the original 
approval and stating the change or changes desired. With this letter the 
manufacturer should submit a revised drawing or drawings showing the 
changes in detail, and one of each of the changed lamp parts.
    (2) Where the applicant for approval has used an independent 
laboratory under part 6 of this chapter to perform, in whole or in part, 
the necessary testing and evaluation for approval of changes to an 
approved product under this part, the applicant must provide to MSHA as 
part of the approval application:
    (i) Written evidence of the laboratory's independence and current 
recognition by a laboratory accrediting organization;
    (ii) Complete technical explanation of how the product complies with 
each requirement in the applicable MSHA product approval requirements;
    (iii) Identification of components or features of the product that 
are critical to the safety of the product; and
    (iv) All documentation, including drawings and specifications, as 
submitted to the independent laboratory by the applicant and as required 
by this part.
    (b) MSHA will consider the application and inspect the drawings and 
parts to determine whether it will be necessary to make any tests.
    (c) If no tests are necessary, the applicant will be advised of the 
approval or disapproval of the change by letter from MSHA.
    (d) If tests are judged necessary, the applicant will be advised of 
the material that will be required.

[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as amended by Supp. 1, 20 FR 
2718, Apr. 23, 1955; 43 FR 12314, Mar. 24. 1978; 52 FR 17514, May 8, 
1987; 60 FR 35693, July, 11, 1995; 68 FR 36419, June 17, 2003]



PART 20_ELECTRIC MINE LAMPS OTHER THAN STANDARD CAP LAMPS--Table of Contents




Sec.
20.0 Compliance with the requirements necessary for obtaining approval.
20.1 Purpose.
20.2 Definitions.
20.3 Applications.
20.4 [Reserved]
20.5 Conditions governing investigations.
20.6 General requirements.
20.7 Specific requirements.
20.8 Class 1 lamps.
20.9 Class 2 lamps.
20.10 Tests (class 1 and 2 lamps).
20.11 Material required for MSHA records.
20.12 How approvals are granted.
20.13 Approval plate.
20.14 Instructions for handling future changes in lamp design.

    Authority: 30 U.S.C. 957, 961.

    Source: Schedule 10C, May 17, 1938, as amended at 5 FR 3467, Aug. 
30, 1940, unless otherwise noted.



Sec. 20.0  Compliance with the requirements necessary for obtaining approval.

    To receive approval of MSHA for any electric mine lamps other than 
standard cap lamps a manufacturer must comply with the requirements 
specified in this part.



Sec. 20.1  Purpose.

    (a) The purpose of the investigations made under this part is to aid 
in the development and use of electric lamps, other than standard cap 
lamps, that may be used in mines, especially in mines that may contain 
dangerous proportions of methane.
    (b) This part supersedes Schedule 10B, issued under date of June 1, 
1932, and Schedule 11A, issued under date of January 13, 1936, and goes 
into effect May 17, 1938.
    (c)(1) Electric lamps and flashlights that meet the requirements set 
forth in

[[Page 132]]

this part will be termed ``permissible'' by MSHA, and if actively 
marketed will be listed as such in publications relating to permissible 
equipment, in order that State mine inspection departments, compensation 
bureaus, mine operators, miners, and others interested in safety 
equipment for mines may have information in regard to electric lamps and 
flashlights approved by MSHA.
    (2) MSHA May approve electric lamps and flashlights that incorporate 
technology for which the requirements of this part are not applicable if 
MSHA determines by testing that the electric lamps or flashlights are as 
safe as those which meet the requirements of this part.

[Sched. 10C, May 17, 1938, as amended at 5 FR 3467, Aug. 30, 1940; 54 FR 
30513, July 20, 1989]



Sec. 20.2  Definitions.

    (a) Adequate. Appropriate and sufficient as determined by mutual 
agreement between the manufacturer and MSHA.
    (b) Approval. Official notification in writing from MSHA to a 
responsible organization, stating that upon investigation its lamp has 
been adjudged satisfactory under the requirements of this part.
    (c) Explosion-proof compartment. An enclosure that withstands 
internal explosions of methane-air mixtures without damage to itself or 
discharge of flame and without ignition of surrounding explosive 
methane-air mixtures.
    (d) Permissible. Completely assembled and conforming in every 
respect with the design formally approved by MSHA under this part. 
(Approvals under this part are given only to equipment for use in gassy 
and dusty mines.)

[Sched. 10C, May 17, 1938, as amended by Supp. 1, 20 FR 2718, Apr. 23, 
1955]



Sec. 20.3  Applications.

    (a) Before MSHA will undertake the active investigation leading to 
approval of any lamp, the manufacturer shall make application by letter 
for an investigation of the lamp. This application, accompanied by a 
check, bank draft, or money order, payable to the U.S. Mine Safety and 
Health Administration, to cover all the necessary fees, shall be sent to 
the Approval and Certification Center, Rural Route 1, Box 251, 
Industrial Park Road, Triadelphia, WV 26059, together with the required 
drawings, one complete lamp, and instructions for its operation.
    (b) Where the applicant for approval has used an independent 
laboratory under part 6 of this chapter to perform, in whole or in part, 
the necessary testing and evaluation for approval under this part, the 
applicant must provide to MSHA as part of the approval application:
    (1) Written evidence of the laboratory's independence and current 
recognition by a laboratory accrediting organization;
    (2) Complete technical explanation of how the product complies with 
each requirement in the applicable MSHA product approval requirements;
    (3) Identification of components or features of the product that are 
critical to the safety of the product; and
    (4) All documentation, including drawings and specifications, as 
submitted to the independent laboratory by the applicant and as required 
under this part.
    (c) An applicant may request testing and evaluation to non-MSHA 
product safety standards which have been determined by MSHA to be 
equivalent, under Sec. 6.20 of this chapter, to MSHA's product approval 
requirements under this part.

[68 FR 36420, June 17, 2003]



Sec. 20.4  [Reserved]



Sec. 20.5  Conditions governing investigations.

    (a) One complete lamp, with assembly and detail drawings that show 
the construction of the lamp and the materials of which it is made, 
should be submitted at the time the application for investigation is 
made. This material should be sent prepaid to Approval and Certification 
Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059.
    (b) When the lamp has been inspected by MSHA, the applicant will be 
notified as to the amount of material that will be required for the 
test. He will also be notified of the date on which

[[Page 133]]

the tests will start and will be given an opportunity to witness the 
tests.
    (c) Observers at formal investigations and demonstrations. No one 
shall be present during any part of the formal investigation conducted 
by MSHA which leads to approval for permissibility except the necessary 
Government personnel, representatives of the applicant, and such other 
persons as may be mutually agreed upon by the applicant and MSHA. Upon 
granting approval for permissibility, MSHA will announce that such 
approval has been granted to the device and may thereafter conduct, from 
time to time in its discretion, public demonstrations of the tests 
conducted on the approved device. Those who attend any part of the 
investigation, or any public demonstration, shall be present solely as 
observers; the conduct of the investigation and of any public 
demonstration shall be controlled by MSHA. Results of chemical analyses 
of material and all information contained of material and all 
information contained in the drawings, specifications, and instructions 
shall be deemed confidential and their disclosure will be appropriately 
safeguarded by MSHA.
    (d) Permissibility tests will not be made unless the lamp is 
complete and in a form that can be marketed.
    (e) The results of the tests shall be regarded as confidential by 
all present at the tests and shall not be made public in any way prior 
to the formal approval of the lamp by MSHA.
    (f) No verbal report of approval or disapproval will be made to the 
applicant. Approval will be made only in writing by MSHA. The applicant 
shall not be free to advertise the lamp as being permissible, or as 
having passed the tests, prior to receipt of formal notice of approval.

[Sched. 10C, May 17, 1938, as amended by Supp. 1, 20 FR 2719, Apr. 23, 
1955; 43 FR 12314, Mar. 24, 1978; 60 FR 35693, July, 11, 1995]



Sec. 20.6  General requirements.

    (a) The lamps shall be durable in construction, practical in 
operation, and suitable for the service for which they are designed and 
approved.
    (b) The intensity of light, distribution of light, and battery 
capacity shall be adequate for the use for which the lamp is intended.
    (c) Battery terminals and leads therefrom, as well as the battery 
gas vents, shall be designed to minimize corrosion of the electrical 
contacts.
    (d) Bulbs and other replacement parts of the lamps shall be 
adequately marked as a means of identification.



Sec. 20.7  Specific requirements.

    Two general classes of electric lamps are recognized in these 
requirements, namely: Class 1, those that are self-contained and easily 
carried by hand, and class 2, those that may or may not be self-
contained and not so readily portable as the first class.
    (a) Class 1. Class 1 includes hand lamps, signal lamps, inspection 
lamps, flashlights, and animal lamps which are operated by small storage 
batteries or dry cells.
    (b) Class 2. Class 2 includes lamps such as the pneumatic-electric 
types and large battery lamps.



Sec. 20.8  Class 1 lamps.

    (a) Protection against explosion hazards. Unless properly designed, 
class 1 lamps present two sources of probable explosion hazards: 
Ignition of an explosive atmosphere by the heated filament of the bulb 
in case the bulb glass is accidentally broken, and ignition by electric 
sparks or arcs from the battery or connections thereto. MSHA's 
therefore, requires the following safeguards:
    (1) Safety device or design. The lighting unit shall have a safety 
device to prevent the ignition of explosive mixtures of methane and air 
if the bulb glass surrounding the filament is broken. Alternatively, if 
the lamp is designed and constructed of materials that will prevent the 
ignition of explosive mixtures of methane and air by protecting the bulb 
from breakage and preventing exposure of the hot filament, no separate 
safety device is required. Alternative designs will be evaluated by 
mechanical impact tests, temperature tests and thermal shock tests to 
determine that the protection provided is no less effective than a 
safety device.
    (2) Safety device (protection). The design of the safety device and 
the housing which protects it shall be such that

[[Page 134]]

the action of the safety device is positive; yet the lamp shall not be 
too readily extinguished during normal service by the unnecessary 
operation of the device.
    (3) Locks or seals. For lamps other than flashlights, all parts, 
such as bulb housing and battery container, through which access may be 
had to live terminals or contacts shall be adequately sealed or equipped 
with magnetic or other equally reliable locks to prevent opening by 
unauthorized persons. For flashlights, provision shall be made for 
sealing the battery container.
    (4) Battery current restricted. Unless all current-carrying parts 
including conductors, are adequately covered and protected by the sealed 
or locked compartments, the maximum possible current flow through that 
part shall be limited by battery design, or by an enclosed-type fuse 
inside the sealed or locked container, to values that will not produce 
sparks or arcs sufficient to ignite an explosive mixture of methane and 
air.
    (b) Protection against bodily hazard. This hazard is chiefly due to 
the possible burning of the user by electrolyte spilled from the 
battery. MSHA, therefore, requires that:
    (1) Spilling of electrolyte. The lamp shall be so designed and 
constructed that when properly filled the battery will neither leak nor 
spill electrolyte under conditions of normal use. Lamps passing a 
laboratory spilling test will be considered satisfactory in this 
respect, contingent upon satisfactory performance in service.
    (2) Corrosion of battery container. The material of which the 
container is made shall resist corrosion under conditions of normal use.

[Sched. 10C, May 17, 1938, as amended at 5 FR 3467, Aug. 30, 1940; 54 FR 
30513, July 20, 1989]



Sec. 20.9  Class 2 lamps.

    (a) Safety. (1) Unless special features of the lamp prevent ignition 
of explosive mixtures of methane and air by the broken bulb or other 
igniting sources within the lamp, the bulb and all spark-producing parts 
must be enclosed in explosion-proof compartments.
    (2) Explosion-proof compartments will be tested while filled and 
surrounded with explosive mixtures of Pittsburgh natural gas \1\ and 
air. A sufficient number of tests of each compartment will be made to 
prove that there is no danger of ignition of the mixture surrounding the 
lamp by explosions within the compartment. The lamp will not pass the 
above tests, even though the surrounding explosive mixtures are not 
ignited, if external flame is observed, if excessive pressures are 
developed, or if excessive distortion of any part of the compartment 
takes place.
---------------------------------------------------------------------------

    \1\ Investigation has shown that for practical purposes Pittsburgh 
natural gas (containing a high percentage of methane) is a satisfactory 
substitute for pure methane.
---------------------------------------------------------------------------

    (3) Glass-enclosed parts of such compartments must be guarded and be 
of extra-heavy glass to withstand pick blows, and be adequately 
protected by shrouds or by an automatic cut-out that opens the lamp 
circuit if the enclosure is broken.
    (4) When an explosion-proof enclosure consists of two or more parts 
that are held together securely by bolts or some suitable means to 
permit assembly, the flanges comprising the joints between parts shall 
have surfaces with metal-to-metal contact, except enclosures requiring 
glass, in which case glass-to-metal joints are permitted. Gaskets, if 
adequate, may be used to obtain a firm seat for the glass but not 
elsewhere. Rubber, putty, and plaster of paris are not acceptable as 
material for gaskets. For enclosures having an unoccupied volume (air 
space) of more than 60 cubic inches the width of the joint measured 
along the shortest flame path from the inside to the outside of the 
enclosure shall not be less than 1 inch. When the unoccupied volume (air 
space) is less than 60 cubic inches, this path shall not be less than 
three-fourths inch.
    (b) Locks and seals (lighting attachment). Explosion-proof 
compartments shall be equipped with seals or locks that prevent 
unauthorized and unsafe opening of the compartments in a mine.
    (c) Locks or seals (battery). The battery shall be enclosed in a 
locked or sealed container that will prevent exposure of live terminals.

[[Page 135]]

    (d) Temperature of lamp. The temperature of the lamp under 
conditions of use shall not be such that a person may be burned in 
handling it.
    (e) Cable and connection. (1) The cable or cord connecting the lamp 
to its battery shall be of high-grade design and materials, comparable 
to the specially recommended trailing cables as listed by MSHA, and 
shall be not more than 15 feet in length.
    (2) The cable (or cord) shall be adequately protected at the battery 
end by a fuse in the locked battery box or housing. The cable (or cord) 
and the fuse shall be considered parts of the lamp, and specifications 
for them shall be submitted by the lamp manufacturer.
    (3) The method of terminating the cable (or cord) at the lamp and at 
the battery housing shall be adequate, but in no case shall the cable or 
cord be detachable.

MSHA reserves the right to make minor changes in the requirements 
outlined in paragraphs (e) (1), (2), and (3) of this section (No. 9, 
class 2 lamps), as experience and service prove to be necessary in the 
interests of safety.



Sec. 20.10  Tests (class 1 and 2 lamps).

    Such tests will be made as are necessary to prove the adequacy of a 
lamp or any of its parts in fulfilling the purposes for which it was 
designed. These tests include the following:
    (a) Safety tests, including tests of safey devices, electrical 
contacts, and explosion-proof features.
    (b) Photometric tests.
    (c) Tests to demonstrate adequacy of mechanical strength.
    (d) Tests of nonspilling features (storage-battery lamps of class 
1).
    (e) Temperature tests.



Sec. 20.11  Material required for MSHA records.

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



Sec. 20.12  How approvals are granted.

    (a) All approvals are granted by official letter from MSHA. A lamp 
will be approved under this part only when the testing engineers judge 
that the lamp has met the requirements of this part and after MSHA's 
records concerning the lamp are complete, including manufacturer's 
drawings that show the lamp as it is to be made commercially. No verbal 
reports of MSHA's decision concerning the investigation will be given, 
and no informal approvals will be granted.
    (b) As soon as the manufacturer has received the formal approval he 
shall be free to advertise his lamp as permissible.

[Sched. 10C, May 17, 1938, as amended by Supp. 1, 20 FR 2719, Apr. 23, 
1955]



Sec. 20.13  Approval plate.

    The manufacturer shall attach, stamp, or mold an approval plate on 
the battery container or housing of each permissible lamp. The plate 
shall bear the emblem of the Mine Safety and Health Administration, and 
be inscribed as follows: ``Permissible ---------- Lamp. Approval No. --
------------------ issued to the -------------------- Company.'' When 
deemed necessary, an appropriate caution statement shall be added. The 
size, material, and position of the approval plate shall be satisfactory 
to MSHA.
    (a) Purpose of approval plate. The approval plate is a label which 
identifies the lamp so that anyone can tell at a

[[Page 136]]

glance whether the lamp is of the permissible type or not. By it the 
manufacturer can point out that his lamp complies with specifications of 
MSHA and that it has been adjudged safe for use in gassy and dusty 
mines.
    (b) Use of approval plate. Permission to place MSHA's approval plate 
on his lamp obligates the manufacturer to maintain the quality of his 
product and to see that each lamp is constructed according to the 
drawings which have been accepted by MSHA for this lamp and which are in 
the MSHA files. Lamps exhibiting changes in design which have not been 
approved are not permissible lamps and must not bear MSHA's approval 
plate.
    (c) Withdrawal of approval. MSHA reserves the right to rescind for 
cause at any time any approval granted under this part.

[Sched. 10C, May 17, 1938, as amended at 5 FR 3467, Aug. 30, 1940; 43 FR 
12314, Mar. 24, 1978]



Sec. 20.14  Instructions for handling future changes in lamp design.

    All approvals are granted with the understanding that the 
manufacturer will make the lamp according to the drawings submitted to 
MSHA, which have been considered and included in the approval. 
Therefore, when the manufacturer desires to make any change in the 
design of the lamp, the manufacturer should first obtain an extension of 
the original approval to cover the change. The procedure is as follows:
    (a)(1) The manufacturer shall write to the Approval and 
Certification Center, Rural Route 1, Box 251, Industrial Park 
Road, Triadelphia, WV 26059, requesting an extension of the original 
approval and describing the change or changes proposed. With this letter 
the manufacturer should submit a revised drawing or drawings showing the 
changes in detail, and one of each of the changed lamp parts.
    (2) Where the applicant for approval has used an independent 
laboratory under part 6 of this chapter to perform, in whole or in part, 
the necessary testing and evaluation for approval of changes to an 
approved product under this part, the applicant must provide to MSHA as 
part of the approval application:
    (i) Written evidence of the laboratory's independence and current 
recognition by a laboratory accrediting organization;
    (ii) Complete technical explanation of how the product complies with 
each requirement in the applicable MSHA product approval requirements;
    (iii) Identification of components or features of the product that 
are critical to the safety of the product; and
    (iv) All documentation, including drawings and specifications, as 
submitted to the independent laboratory by the applicant and as required 
by this part.
    (b) MSHA will consider the application and inspect the drawings and 
parts to determine whether it will be necessary to make any tests.
    (c) If no tests are necessary, the applicant will be advised of the 
acceptance or rejection of the proposed change by letter from MSHA.
    (d) If tests are judged necessary, the applicant will be advised of 
the material that will be required.

[Sched. 10C, May 17, 1938, as amended by Supp. 1, 20 FR 2719, Apr. 23, 
1955; 43 FR 12314, Mar. 24, 1978; 52 FR 17514, May 8, 1987; 60 FR 35693, 
July, 11, 1995; 68 FR 36420, June 17, 2003]



PART 22_PORTABLE METHANE DETECTORS--Table of Contents




Sec.
22.0 Compliance with the requirements necessary for obtaining approval.
22.1 Purpose.
22.2 Definitions.
22.3 [Reserved]
22.4 Applications.
22.5 Conditions governing investigations.
22.6 General requirements.
22.7 Specific requirements.
22.8 Material required for MSHA records.
22.9 How approvals are granted.
22.10 Approval plate.
22.11 Instructions on handling future changes in design.

    Authority: 30 U.S.C. 957, 961.

    Source: Schedule 8C, Oct. 31, 1935, unless otherwise noted.

[[Page 137]]



Sec. 22.0  Compliance with the requirements necessary for obtaining approval.

    To receive approval of MSHA for any portable methane detectors a 
manufacturer must comply with the requirements specified in this part.



Sec. 22.1  Purpose.

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



Sec. 22.2  Definitions.

    (a) Methane detector. A methane detector is a device that may be 
used to detect the presence of methane in a gassy mine.
    (b) Methane-indicating detector. A methane-indicating detector is a 
device that will show, within certain limits of error, on an adequate 
scale, the percentage of methane in a gassy atmosphere.
    (c) Permissible. Completely assembled and conforming in every 
respect with the design formally approved by MSHA under this part. 
(Approvals under this part are given only to equipment for use in gassy 
and dusty mines.)

[Sched. 8C, Oct. 31, 1955, as amended by Supp. 1, 20 FR 2575, Apr. 19, 
1955]



Sec. 22.3  [Reserved]



Sec. 22.4  Applications.

    (a) Before MSHA will undertake the active investigation leading to 
approval of any methane detector, the manufacturer shall make 
application by letter for an investigation leading to approval of the 
detector. This application, accompanied by a check, bank draft, or money 
order, payable to the U.S. Mine Safety and Health Administration, to 
cover all the necessary fees, shall be sent to the Approval and 
Certification Center, Rural Route 1, Box 251, Industrial Park 
Road, Triadelphia, WV 26059, together with the required drawings, one 
complete detector, and instructions for its operation.
    (b) Where the applicant for approval has used an independent 
laboratory under part 6 of this chapter to perform, in whole or in part, 
the necessary testing and evaluation for approval under this part, the 
applicant must provide to MSHA as part of the approval application:
    (1) Written evidence of the laboratory's independence and current 
recognition by a laboratory accrediting organization;
    (2) Complete technical explanation of how the product complies with 
each requirement in the applicable MSHA product approval requirements;
    (3) Identification of components or features of the product that are 
critical to the safety of the product; and
    (4) All documentation, including drawings and specifications, as 
submitted to the independent laboratory by the applicant and as required 
by this part.
    (c) An applicant may request testing and evaluation to non-MSHA 
product safety standards which have been determined by MSHA to be 
equivalent, under Sec. 6.20 of this chapter, to MSHA's product approval 
requirements under this part.

[68 FR 36420, June 17, 2003]



Sec. 22.5  Conditions governing investigations.

    (a) One complete detector, with assembly and detail drawings that 
show the construction of the device and the materials of which it is 
made, should be forwarded prepaid to Approval and Certification Center, 
RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059, at the time 
the application for tests is made.
    (b) When this has been inspected by MSHA, the applicant will be 
notified as to the amount of material that will be required for the 
tests. The manufacturer will be notified of the date on

[[Page 138]]

which the tests will be started and will be given an opportunity to 
witness the tests.
    (c) Observers at formal investigations and demonstrations. No one 
shall be present during any part of the formal investigation conducted 
by MSHA which leads to approval for permissibility except the necessary 
Government personnel, representatives of the applicant, and such other 
persons as may be mutually agreed upon by the applicant and MSHA. Upon 
granting approval for permissibility, MSHA will announce that such 
approval has been granted to the device and may thereafter conduct, from 
time to time in its discretion, public demonstrations of the tests 
conducted on the approved device. Those who attend any part of the 
investigation, or any public demonstration, shall be present solely as 
observers; the conduct of the investigation and of any public 
demonstration shall be controlled by MSHA. Results of chemical analyses 
of material and all information contained in the drawings, 
specifications, and instructions shall be deemed confidential and their 
disclosure will be appropriately safeguarded by MSHA.

[Sched. 8C, Oct. 31, 1935, as amended by Supp. 1, 20 FR 2575, Apr. 19, 
1955; 43 FR 12315, Mar. 24, 1978; 60 FR 35694, July 11, 1995]



Sec. 22.6  General requirements.

    Methane detectors approved under this part shall be portable. They 
shall be durable in construction, practical in operation, and suitable 
for service conditions underground. They shall offer no probable 
explosion hazard if used in gaseous mine atmospheres nor any bodily 
hazard, such as spilling of battery electrolyte. They shall exhibit 
under laboratory test conditions various requirements of minimum 
performance that are specified in this part.



Sec. 22.7  Specific requirements.

    (a) Design. In the determination of adequacy of design, the 
following points will be considered: (1) Materials used, (2) 
construction, (3) accuracy, (4) size and shape, (5) range of detection 
(or indication), (6) life of the active parts, and (7) attention 
required. The suitability of the materials and the construction shall be 
determined by preliminary inspection, by dropping tests, by laboratory 
and field tests in gas and air mixtures, and by the general behavior of 
the equipment during the investigation.
    (b) Safety against explosion hazard--(1) Detectors. Detectors shall 
be constructed so that they will not cause external ignitions when used 
in gaseous mine atmospheres.
    (2) Seals or locks. All parts through which external ignitions might 
result shall be covered and protected adequately. All covers shall be 
sealed adequately or equipped with magnetic or other equally reliable 
locks to prevent their being opened by unauthorized persons.
    (3) Glasses. Glasses or glass windows shall be of good-quality glass 
and protected adequately against breakage. Unguarded windows may be 
considered adequate in this respect, provided they are of small diameter 
and are of reasonably thick glass.
    (4) Battery. If the detector is equipped with a battery, it shall be 
of such design that it will not produce sparks that will ignite an 
explosive mixture of methane and air.
    (5) Detectors of the flame type. Methane detectors of the flame type 
shall be subject to the requirements of the flame-lamp schedule then in 
force.
    (c) Safety against bodily hazard. Bodily hazard with battery-type 
detectors is due chiefly to possible burning of the user by electrolyte 
that has spilled from the battery. MSHA, therefore, requires that:
    (1) Spilling of electrolyte. The battery shall be so designed and 
constructed that when properly filled it will not spill electrolyte 
under actual service conditions.
    (2) Corrosion of battery container. The material of which the 
container is made shall resist corrosion under conditions of use.
    (d) Performance. In addition to the general design and safety 
features, MSHA considers that permissible types of methane detectors 
should meet certain minimum requirements with respect to their 
performance, as follows:
    (1) Detectors. (i) When the detector is operated according to the 
manufacturer's instructions, it shall be possible to detect at least 1 
percent methane in

[[Page 139]]

air, and increasing percentages up to 5 percent shall be shown by 
continuously increasing evidence.
    (ii) The average number of determinations that may be made in 
approximately 2-percent methane mixtures without recharging a battery or 
replacing a chemical accessory shall not be less than 25, and the 
average number of such determinations that may be made without replacing 
any other part shall be not less than 100.
    (2) Indicating detectors. Indicating detectors shall give 
indications of as low as 0.25 percent methane. Detectors having an upper 
scale limit of 2 percent may be approved, but it is recommended that the 
detector be designed to give indications of as high as 4 percent 
methane. The indications for these percentages shall be within the 
limits of error specified in the following table:

                  Allowable Variations in Scale Reading
                              [In percent]
------------------------------------------------------------------------
  Methane in mixtures       Minimum indication      Maximum indication
------------------------------------------------------------------------
             0.25                     0.10                    0.40
              .50                      .35                     .65
             1.00                      .80                    1.20
             2.00                     1.80                    2.20
             3.00                     2.70                    3.30
             4.00                     3.70                    4.30
------------------------------------------------------------------------

    (i) Tests shall be made at several percentages within the range of 
the indicating detector and at temperatures between the limits of 
50[deg] and 70 [deg]F. by increments of 5[deg]. Ten determinations shall 
be made at each percentage. Neither the average of the 10 readings nor 
more than 2 readings for each percentage shall exceed the limits of 
error given in the table.
    (ii) The average number of determinations that may be made with an 
indicating detector without replacement of any part shall be not less 
than 30, and the average number that may be made without recharging the 
battery shall be not less than 15.
    (iii) The scale shall not be subdivided into smaller divisions than 
the general accuracy of the indicating detector warrants.
    (3) Mechanical strength. Detectors and indicating detectors shall be 
subjected to the following mechanical tests: Four of each of those parts 
or groups of assembled parts that are not normally strapped to the user 
shall be dropped 20 times on a wood floor from a height of 3 feet. Parts 
that are strapped to the user may be subjected to a jarring or bumping 
test to demonstrate adequate strength. The average number of times that 
any one of the detectors can be dropped before breakage or material 
distortion of essential parts shall be not less than 10.
    (e) Attachments for illumination. If detectors are provided with 
attachments for illuminating purposes, such attachments shall be subject 
to the same requirements as those applying to that type of lamp under 
the lamp schedule then in force.



Sec. 22.8  Material required for MSHA records.

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



Sec. 22.9  How approvals are granted.

    All approvals are granted by official letter from MSHA. A detector 
will be approved under this part only when the testing engineers have 
judged that it has met the requirements of the schedule and MSHA's 
records are complete, including drawings from the manufacturer that show 
the detector as it is to be commercially made. No verbal reports of the 
investigation will be given

[[Page 140]]

and no informal approvals will be granted. As soon as the manufacturer 
has received the formal approval, he shall be free to advertise his 
detector as permissible.

[Sched. 8C, Oct. 31, 1935, as amended by Supp. 1, 20 FR 2575, Apr. 19, 
1955]



Sec. 22.10  Approval plate.

    (a) Attachment to be made by manufacturers. (1) Manufacturers shall 
attach, stamp, or mold an approval plate on each permissible methane 
detector. The plate shall bear the emblem of the Mines Safety and Health 
Administration and be inscribed as follows:

    Permissible Methane Detector (or Permissible Methane Indicating 
Detector) Approval No. ------ issued to the -------------- Company.

    (2) When deemed necessary, an appropriate caution statement shall be 
added. The size and position of the approval plate shall be satisfactory 
to MSHA.
    (b) Purpose of approval plate. The approval plate is a label that 
identifies the device so that anyone can tell at a glance whether it is 
of the permissible type or not. By the plate, the manufacturer can point 
out that his detector complies with MSHA's requirements and that it has 
been approved for use in gassy mines.
    (c) Use of approval plate. Permission to place MSHA's approval plate 
on his detector obligates the manufacturer to maintain the quality of 
his product and to see that each detector is constructed according to 
the drawings that have been accepted by MSHA and are in MSHA's files. 
Detectors exhibiting changes in design that have not been approved are 
not permissible and must not bear MSHA's approval plate.
    (d) Withdrawal of approval. MSHA reserves the right to rescind for 
cause at any time any approval granted under this part.

[Sched. 8C, Oct. 31, 1935, as amended at 43 FR 12315, Mar. 24, 1978]



Sec. 22.11  Instructions on handling future changes in design.

    All approvals are granted with the understanding that the 
manufacturer will make the detector according to the drawings submitted 
to MSHA which have been considered and included in the approval. 
Therefore, when the manufacturer desires to make any changes in the 
design, the manufacturer should first obtain MSHA's approval of the 
change. The procedure is as follows:
    (a)(1) The manufacturer must write to the Approval and Certification 
Center, Rural Route 1, Box 251, Industrial Park Road, 
Triadelphia, WV 26059, requesting an extension of the original approval 
and stating the change or changes desired. With this request, the 
manufacturer should submit a revised drawing or drawings showing changes 
in detail, together with one of each of the parts affected.
    (2) Where the applicant for approval has used an independent 
laboratory under part 6 of this chapter to perform, in whole or in part, 
the necessary testing and evaluation for approval of changes to an 
approved product under this part, the applicant must provide to MSHA as 
part of the approval application:
    (i) Written evidence of the laboratory's independence and current 
recognition by a laboratory accrediting organization;
    (ii) Complete technical explanation of how the product complies with 
each requirement in the applicable MSHA product approval requirements;
    (iii) Identification of components or features of the product that 
are critical to the safety of the product; and
    (iv) All documentation, including drawings and specifications, as 
submitted to the independent laboratory by the applicant and as required 
by this part.
    (b) MSHA will consider the application and inspect the drawings and 
parts to determine whether it will be necessary to make any tests.
    (c) If no tests are necessary, the applicant will be advised of the 
approval or disapproval of the change by letter from MSHA.
    (d) If tests are judged necessary, the applicant will be advised of 
the material that will be required.

[Sched. 8C, Oct. 31, 1935, as amended by Supp. 1, 20 FR 2575, Apr. 19, 
1955; 43 FR 12315, Mar. 24, 1978; 52 FR 17514, May 8, 1987; 60 FR 35694, 
July 11, 1995; 68 FR 36420, June 17, 2003]

[[Page 141]]



PART 23_TELEPHONES AND SIGNALING DEVICES--Table of Contents




Sec.
23.1 Purpose.
23.2 Definitions.
23.3 Applications.
23.4 [Reserved]
23.5 Conditions governing investigations.
23.6 General requirements for approval.
23.7 Specific requirements for approval.
23.8 Inspection and tests.
23.9 Special requirements for complete devices.
23.10 Material required for MSHA records.
23.11 How approvals are granted.
23.12 Wording, purpose, and use of approval plate.
23.13 Withdrawal of approval.
23.14 Instructions for handling future changes in design.

    Authority: 30 U.S.C. 957, 961.
    Sec. 23.2(f) also issued under 30 U.S.C. 811.

    Source: Schedule 9B, 4 FR 1555, Apr. 11, 1939, unless otherwise 
noted.



Sec. 23.1  Purpose.

    (a) The purpose of investigations under this part is to promote the 
development of telephones and signaling devices that may be used safely 
in mines, especially in coal mines that may have gassy or dust-laden 
atmospheres. This schedule supersedes Schedule 9A, issued under date of 
December 5, 1922, and becomes effective October 18, 1938.
    (b) Telephones and signaling devices approved under the requirements 
of this part will be termed ``permissible'' by MSHA, and if actively 
marketed will be listed as such in publications relating to permissible 
equipment, for the information of State mine inspection departments, 
compensation bureaus, mine operators, miners, and others interested in 
safety equipment for mines.



Sec. 23.2  Definitions.

    (a) Adequate means appropriate and sufficient, as determined by 
mutual agreement of the manufacturer, operators, and MSHA.
    (b) Approval means official notification by letter, from MSHA to a 
responsible organization, stating that the device under consideration 
has been judged to meet the requirements of this part.
    (c) Normal operation means the performance by each part of the 
device of those functions for which the part was designed.
    (d) Permissible as used in this part means completely assembled and 
conforming in every respect with the design formally approved by MSHA 
under this part. (Approvals under this part are given only to equipment 
for use in gassy and dusty mines.)
    (e) Protected means effectively covered, enclosed, or otherwise 
guarded by adequate covers.
    (f) Signaling device. As used in this part, a signaling device is 
one that gives visual or audible signals.
    (g) MESA means the United States Department of the Interior, Mining 
Enforcement and Safety Administration. Predecessor orgainzation to MSHA, 
prior to March 9, 1978.
    (h) MSHA means the U.S. Department of Labor, Mine Safety and Health 
Administration.
    Note: Paragraph (f) of this section is issued under the authority of 
Sec. 101 of the Federal Mine Safety and Health Act of 1977, Pub. L. 91-
173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811). All 
other paragraphs in this section continue under the original authority.

[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amended by Supp. 1, 20 FR 2975, 
May 4, 1955; 39 FR 24001, June 28, 1974; 43 FR 12315, Mar. 24, 1978; 47 
FR 11370, Mar. 16, 1982]



Sec. 23.3  Applications.

    (a) Before MSHA will undertake the active investigation leading to 
approval of any telephone or signaling device, the manufacturer shall 
make application by letter for an investigation leading to approval of 
the device. This application, accompanied by a check, bank draft, or 
money order, payable to the U.S. Mine Safety and Health Administration, 
to cover all the necessary fees, shall be sent to the Approval and 
Certification Center, Rural Route 1, Box 251, Industrial Park 
Road, Triadelphia, WV 26059, together with the required drawings, one 
complete telephone or signaling device, and instructions for its 
operation.
    (b) Where the applicant for approval has used an independent 
laboratory under part 6 of this chapter to perform, in whole or in part, 
the necessary testing and evaluation for approval under

[[Page 142]]

this part, the applicant must provide to MSHA as part of the approval 
application:
    (1) Written evidence of the laboratory's independence and current 
recognition by a laboratory accrediting organization;
    (2) Complete technical explanation of how the product complies with 
each requirement in the applicable MSHA product approval requirements;
    (3) Identification of components or features of the product that are 
critical to the safety of the product; and
    (4) All documentation, including drawings and specifications, as 
submitted to the independent laboratory by the applicant and as required 
by this part.
    (c) An applicant may request testing and evaluation to non-MSHA 
product safety standards which have been determined by MSHA to be 
equivalent, under Sec. 6.20 of this chapter, to MSHA's product approval 
requirements under this part.

[68 FR 36421, June 17, 2003]



Sec. 23.4  [Reserved]



Sec. 23.5  Conditions governing investigations.

    (a) One complete device together with assembly and detail drawings 
that show its construction and the materials of which the parts are 
made, shall be submitted preferably at the time the application for test 
is made. These shall be sent prepaid to Approval and Certification 
Center, Box 201B Industrial Park Road, Dallas Pike, Triadelphia, W. Va. 
26059.
    (b) After the device has been inspected by MSHA, the applicant will 
be notified as to the amount of material that he will be required to 
supply for the tests and of the date on which testing will be started.
    (c) Observers at formal investigations and demonstrations. No one 
shall be present during any part of the formal investigation conducted 
by MSHA which leads to approval for permissibility except the necessary 
Government personnel, representatives of the applicant, and such other 
persons as may be mutually agreed upon by the applicant and MSHA. Upon 
granting approval for permissibility, MSHA will announce that such 
approval has been granted to the device and may thereafter conduct, from 
time to time in its discretion, public demonstrations of the tests 
conducted on the approved device. Those who attend any part of the 
investigation, or any public demonstration, shall be present solely as 
observers; the conduct of the investigation and of any public 
demonstration shall be controlled by MSHA. Results of chemical analyses 
of material and all information contained in the drawings, 
specifications, and instructions shall be deemed confidential and their 
disclosure will be appropriately safeguarded by MSHA.
    (d) Formal tests will not be made unless the device has been 
completely developed and is in a form that can be marketed.
    (e) The results of the tests shall be regarded as confidential by 
all present at the tests and shall not be made public in any way prior 
to the formal approval of the device by MSHA.
    (f) No verbal report of approval or disapproval will be made to the 
applicant. After MSHA has considered the results of the inspections and 
tests, a formal written report of the approval or disapproval will be 
made to the applicant by MSHA. The applicant shall not advertise his 
device as being permissible or approved, or as having passed the tests, 
prior to receipt of the formal notice of approval.

[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amended by Supp. 1, 20 FR 2975, 
May 4, 1955; 43 FR 12315, Mar. 24, 1978]



Sec. 23.6  General requirements for approval.

    Telephones and signaling devices shall be durable in construction, 
practical in operation, and suitable for conditions of underground 
service. They shall offer no probable explosion hazard under normal 
operation if use in gassy or dusty mine atmospheres.



Sec. 23.7  Specific requirements for approval.

    (a) The circuits external to telephones and signal devices shall be 
intrinsically safe; that is, the electrical design and construction of 
telephones and signal devices shall be such that

[[Page 143]]

neither contact between wires comprising the external circuits nor 
contact of tools or other metal objects with external terminals and 
circuits will result in electrical sparks capable of igniting explosive 
methane-air mixtures (or such mixtures with coal dust in suspension) 
during normal operation of the telephones or signal devices.
    (b) All parts which, during normal operation, are capable of 
producing sparks that might ignite explosive methane-air mixtures shall 
be enclosed in explosion-proof compartments. All openings in the casings 
of such compartments shall be adequately protected. It is desirable that 
openings be as few as possible. All joints in the casings of an 
explosion-proof compartment shall be metal-to-metal so designed as to 
have a width of contact, measured along the shortest path from the 
inside to the outside of the compartment, of not less than 1 inch if the 
unoccupied volume (air space) in the compartment is more than 60 cubic 
inches. For unoccupied volume of 60 cubic inches or less, a \3/8\-inch 
width of contact will be acceptable.
    (c) All bolts and screw holes shall be ``blind'' or bottomed if the 
omission of a bolt or screw would otherwise leave an opening into the 
compartment. An adequate lock or seal shall be provided to prevent 
tampering and exposure of spark-producing parts by unauthorized persons.
    (d) Battery cells shall be placed in an explosion-proof compartment 
or else in one that is locked or sealed, and the terminals and the 
connections thereto shall be so arranged and protected as to preclude 
meddling, tampering, or making other electrical connections with them.
    (e) Manufacturers shall furnish adequate instructions for the 
installation and connection of telephones and signal devices in order 
that the safety of these devices and other circuits shall not be 
diminished by improper installation. MSHA reserves the right to require 
the attachment of wiring diagrams to the cases of telephones and signal 
devices.
    (f) If electric light bulbs are used in signaling devices, they 
shall be either equipped with effective safety devices, such as are 
required for permissible electric mine lamps, \1\ or enclosed in 
explosion-proof compartments.
---------------------------------------------------------------------------

    \1\ In this case, the requirements of the current schedule for mine 
lamps will apply.
---------------------------------------------------------------------------

    (g) Line powered telephones and signaling devices or systems shall 
be equipped with standby power sources that have the capacity to enable 
the devices or systems to continue functioning in the event the line 
power fails or is cut off. Manufacturers shall furnish instructions for 
the proper maintenance of standby power sources.
    Note: Paragraph (g) of this section is issued under the authority of 
Sec. 101 of the Federal Mine Safety and Health Act of 1977, Pub. L. 91-
173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811). All 
other paragraphs in this section continue under the original authority.

[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amended at 47 FR 11370, Mar. 
16, 1982]



Sec. 23.8  Inspection and tests.

    (a) A thorough inspection of the telephone or signaling device will 
be made to determine its adequacy and permisibility. Tests may be made 
to check the electrical characteristics and constants of the various 
parts, and determine the adequacy of the insulation and other parts of 
features of the device.
    (b) In addition, compartments of explosion-proof design will be 
tested while filled and surrounded with explosive mixtures containing 
varying percentages of Pittsburgh natural gas \2\ and air, the mixture 
within the compartment being ignited by a spark plug or other suitable 
means. For some of the tests bituminous-coal dust will be introduced 
into the compartment in addition to the explosive mixtures, and the 
effects will be noted. A sufficient number of tests will be made under 
the foregoing conditions to determine the ability of the compartment to 
retain flame without bursting. Even though the surrounding mixtures are 
not ignited, the compartment will not be considered as having passed the 
tests, if flames are discharged from any joint or opening; if excessive 
pressures are

[[Page 144]]

developed or if serious distortion of the compartment walls take place.
---------------------------------------------------------------------------

    \2\ Investigation has shown that for test purposes Pittsburgh 
natural gas (containing a high percentage of methane) is a satisfactory 
substitute for pure methane.
---------------------------------------------------------------------------



Sec. 23.9  Special requirements for complete devices.

    Telephones and signaling devices will be considered nonpermissible 
if used under any of the followings conditions:
    (a) Without the approval plate, mentioned hereafter.
    (b) With unprotected openings in any of the explosion-proof 
compartments. This condition refers to any openings in these 
compartments, but especially to those equipped with removable covers.
    (c) If not complete with all of the parts considered in the 
approval.
    (d) If installed or connected otherwise than in accordance with the 
instructions furnished by the manufacturer.
    (e) If modified in any manner not authorized by MSHA.



Sec. 23.10  Material required for MSHA records.

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



Sec. 23.11  How approvals are granted.

    All approvals are granted by official letter from MSHA. A device 
will be approved under this part only when the testing engineers have 
judged that it has met the requirements of the part and MSHA's records 
are complete, including drawings from the manufacturer that show the 
device as it is to be commercially made. Individual parts of devices 
will not be approved. No verbal reports of the investigation will be 
given and no informal approvals will be granted. As soon as the 
manufacturer has received the formal approval, he shall be free to 
advertise his device as permissible.

[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amended by Supp. 1, 20 FR 2975, 
May 4, 1955]



Sec. 23.12  Wording, purpose, and use of approval plate.

    (a) Approval plate. (1) Manufacturers shall attach, stamp, or mold 
an approval plate on each permissible device. The plate shall bear the 
emblem of the Mine Safety and Health Administration and be inscribed as 
follows:

Permissible Telephone (or Permissible Signaling Device) Approval No.----
--Issued to the_________________________________________________________
    Company.

    (2) When deemed necessary, an appropriate caution statement shall be 
added. The size and position of the approval plate shall be satisfactory 
to MSHA.
    (b) Purpose. The approval plate is a label that identifies the 
device so that anyone can tell at a glance whether or not it is of the 
permissible type. By the plate, the manufacturer can point out that his 
device complies with MSHA's requirements and that it has been approved 
for use in gassy or dusty mines.
    (c) Use. Permission to place MSHA's approval plate on his device 
obligates the manufacturer to maintain the quality of his product and to 
see that each device is constructed according to the drawings that have 
been accepted by MSHA and are in MSHA's files. Devices exhibiting 
changes in design that have not been authorized are not permissible and 
must not bear MSHA's approval plate.

[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amended at 43 FR 12315, Mar. 
24, 1978]



Sec. 23.13  Withdrawal of approval.

    MSHA reserves the right to rescind for cause at any time any 
approval granted under this part.

[[Page 145]]



Sec. 23.14  Instructions for handling future changes in design.

    All approvals are granted with the understanding that the 
manufacturer will make his device according to the drawings that he has 
submitted to MSHA and that have been considered and included in the 
approval. Therefore, before making any changes in the design he shall 
obtain MSHA's authorization of the change. The procedure is as follows:
    (a) The manufacturer shall write to Approval and Certification 
Center, Box 201B, Industrial Park Road, Dallas Pike, Triadelphia, W. Va. 
26059 requesting an extension of his original approval and stating the 
change or changes desired. With this request, he should submit a revised 
drawing or drawings showing the changes in detail, together with one of 
each of the parts affected.
    (b) MSHA will consider the application and inspect the drawings and 
parts to determine whether it will be necessary to make any tests.
    (c) If no tests are necessary, and the change meets the 
requirements, the applicant will be officially advised by MSHA that his 
original approval has been extended to include the change.
    (d) If tests are judged necessary, the applicant will be advised of 
the material that will be required. In this case extension of approval 
will be granted upon satisfactory completion of the tests and full 
compliance with the requirements.

[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amended by Supp. 1, 20 FR 2975, 
May 4, 1955; 43 FR 12315, Mar. 24, 1978; 52 FR 17514, May 8, 1987]

    Effective Date Note: At 68 FR 36421, June 17, 2003, Sec. 23.14 was 
amended by revising paragraph (a), effective Aug. 18, 2003. For the 
convenience of the user, the revised text is set forth as follows:

Sec. 23.14  Instructions for handling future changes in design.

                                * * * * *

    (a)(1) The manufacturer shall write to the Approval and 
Certification Center, Rural Route 1, Box 251, Industrial Park 
Road, Triadelphia, WV 26059, requesting an extension of the original 
approval and stating the change or changes desired. With this request, 
the manufacturer should submit a revised drawing or drawings showing the 
changes in detail, together with one of each of the parts affected.
    (2) Where the applicant for approval has used an independent 
laboratory under part 6 of this chapter to perform, in whole or in part, 
the necessary testing and evaluation for approval of changes to an 
approved product under this part, the applicant must provide to MSHA as 
part of the approval application:
    (i) Written evidence of the laboratory's independence and current 
recognition by a laboratory accrediting organization;
    (ii) Complete technical explanation of how the product complies with 
each requirement in the applicable MSHA product approval requirements;
    (iii) Identification of components or features of the product that 
are critical to the safety of the product; and
    (iv) All documentation, including drawings and specifications, as 
submitted to the independent laboratory by the applicant and as required 
by this part.

                                * * * * *



PART 27_METHANE-MONITORING SYSTEMS--Table of Contents




                      Subpart A_General Provisions

Sec.
27.1 Purpose.
27.2 Definitions.
27.3 Consultation.
27.4 Applications.
27.5 Letter of certification.
27.6 Certification of components.
27.7 Certification plate or label.
27.8 [Reserved]
27.9 Date for conducting tests.
27.10 Conduct of investigations, tests, and demonstrations.
27.11 Extension of certification.
27.12 Withdrawal of certification.

             Subpart B_Construction and Design Requirements

27.20 Quality of material, workmanship, and design.
27.21 Methane-monitoring system.
27.22 Methane detector component.
27.23 Automatic warning device.
27.24 Power-shutoff component.

                       Subpart C_Test Requirements

27.30 Inspection.
27.31 Testing methods.
27.32 Tests to determine performance of the system.
27.33 Tests to determine explosion-proof construction.
27.34 Test for intrinsic safety.

[[Page 146]]

27.35 Tests to determine life of critical components and subassemblies.
27.36 Test for adequacy of electrical insulation and clearances.
27.37 Tests to determine adequacy of safety devices for bulbs.
27.38 Tests to determine adequacy of windows and lenses.
27.39 Tests to determine resistance to vibration.
27.40 Test to determine resistance to dust.
27.41 Tests to determine resistance to moisture.

    Authority: 30 U.S.C. 957, 961.

    Source: 31 FR 10607, Aug. 9, 1966, unless otherwise noted.



                      Subpart A_General Provisions



Sec. 27.1  Purpose.

    The regulations in this part set forth the requirements for methane-
monitoring systems or components thereof to procure certification for 
their incorporation in or with permissible equipment that is used in 
gassy mines, tunnels, or other underground workings and procedures for 
applying for such certification.

[31 FR 10607, Aug. 9, 1966, as amended at 52 FR 17515, May 8, 1987]



Sec. 27.2  Definitions.

    As used in this part:
    (a) MSHA means the United States Department of Labor, Mine Safety 
and Health Administration.
    (b) Applicant means an individual, partnership, company, 
corporation, association, or other organization that designs, 
manufactures, or assembles and that seeks certification or preliminary 
testing of a methane-monitoring system or component.
    (c) Methane-monitoring system means a complete assembly of one or 
more methane detectors and all other components required for measuring 
and signalling the presence of methane in the atmosphere of a mine, 
tunnel, or other underground workings, and shall include a power-shutoff 
component.
    (d) Methane detector means a component for a methane-monitoring 
system that functions in a gassy mine, tunnel, or other underground 
workings to sample the atmosphere continuously and responds to the 
presence of methane.
    (e) Power-shutoff component means a component of a methane-
monitoring system, such as a relay, switch, or switching mechanism, that 
will cause a control circuit to deenergize a machine, equipment, or 
power circuit when actuated by the methane detector.
    (f) Flammable mixture means a mixture of a gas, such as methane, 
natural gas, or similar hydrocarbon gas with normal air, that can be 
ignited.
    (g) Gassy mine or tunnel means a mine, tunnel, or other underground 
workings in which a flammable mixture has been ignited, or has been 
found with a permissible flame safety lamp, or has been determined by 
air analysis to contain 0.25 percent or more (by volume) of methane in 
any open workings when tested at a point not less than 12 inches from 
the roof, face, or rib.
    (h) Letter of certification means a formal document issued by MSHA 
stating that a methane-monitoring system or subassembly or component 
thereof:
    (1) Has met the requirements of this part, and
    (2) Is certified for incorporation in or with permissible or 
approved equipment that is used in gassy mines and tunnels.
    (i) Component means a part of a methane-monitoring system that is 
essential to its operation as a certified methane-monitoring system.
    (j) Explosion-proof means that a component or group of components 
(subassembly) is so constructed and protected by an enclosure with or 
without a flame arrester(s) that, if a flammable mixture of gas is 
ignited within the enclosure, it will withstand the resultant pressure 
without damage to the enclosure and/or flame arrester(s). Also the 
enclosure and/or flame arrester(s) shall prevent the discharge of flame 
from within either the enclosure or the flame arrester, or the ignition 
of any flammable mixture that surrounds the enclosure and/or flame 
arrester. \1\
---------------------------------------------------------------------------

    \1\ Explosion-proof components or subassemblies shall be constructed 
in accordance with the requirements of Part 18 of this subchapter.
---------------------------------------------------------------------------

    (k) Normal operation means that performance of each component as 
well as of the entire assembly of the methane-

[[Page 147]]

monitoring system is in conformance with the functions for which it was 
designed and for which it was tested by MSHA.
    (l) Flame arrester means a device so constructed that it will 
prevent propagation of flame or explosion from within the unit of which 
it is part to a surrounding flammable mixture.
    (m) Intrinsically safe equipment and circuitry means equipment and 
circuitry that are incapable of releasing enough electrical or thermal 
energy under normal or abnormal conditions to cause ignition of a 
flammable mixture of the most easily ignitable composition.
    (n) Fail safe means that the circuitry of a methane-monitoring 
system shall be so designed that electrical failure of a component which 
is critical in MSHA's opinion will result in deenergizing the methane-
monitoring system and the machine or equipment of which it is a part.

[31 FR 10607, Aug. 9, 1966, as amended at 39 FR 24003, June 28, 1974; 43 
FR 12316, Mar. 24, 1978]



Sec. 27.3  Consultation.

    By appointment, applicants or their representatives may visit 
Approval and Certification Center, RR 1, Box 251, Industrial Park Road, 
Triadelphia, WV 26059, to discuss with qualified MSHA personnel proposed 
methane-monitoring systems to be submitted in accordance with the 
regulations of this part. No charge is made for such consultation and no 
written report thereof will be made to the applicant.

[31 FR 10607, Aug. 9, 1966, as amended at 43 FR 12316, Mar. 24, 1978; 60 
FR 35694, July, 11, 1995]



Sec. 27.4  Applications.

    (a)(1) No investigation or testing for certification will be 
undertaken by MSHA except pursuant to a written application, accompanied 
by all drawings, specifications, descriptions, and related materials and 
also a check, bank draft, or money order payable to the U.S. Mine Safety 
and Health Administration, to cover the fees. The application and all 
related matters and correspondence concerning it shall be addressed to 
the Approval and Certification Center, Rural Route 1, Box 251, 
Industrial Park Road, Triadelphia, WV 26059.
    (2) Where the applicant for approval has used an independent 
laboratory under part 6 of this chapter to perform, in whole or in part, 
the necessary testing and evaluation for approval under this part, the 
applicant must provide to MSHA as part of the approval application:
    (i) Written evidence of the laboratory's independence and current 
recognition by a laboratory accrediting organization;
    (ii) Complete technical explanation of how the product complies with 
each requirement in the applicable MSHA product approval requirements;
    (iii) Identification of components or features of the product that 
are critical to the safety of the product; and
    (iv) All documentation, including drawings and specifications, as 
submitted to the independent laboratory by the applicant and as required 
by this part.
    (3) An applicant may request testing and evaluation to non-MSHA 
product safety standards which have been determined by MSHA to be 
equivalent, under Sec. 6.20 of this chapter, to the product approval 
requirements under this part.
    (b) Drawings, specifications, and descriptions shall be adequate in 
detail to identify fully all components and subassemblies that are 
submitted for investigation, and shall include wiring and block 
diagrams. All drawings shall include title, number, and date; any 
revision dates and the purpose of each revision shall also be shown on 
the drawing.
    (c) For a complete investigation leading to certification, the 
applicant shall furnish all necessary components and material to MSHA. 
MSHA reserves the right to require more than one of each component, 
subassembly, or assembly for the investigation. Spare parts and 
expendable components, subject to wear in normal operation, shall be 
supplied by the applicant to permit continuous operation during test 
periods. The applicant shall furnish special tools necessary to assemble 
or disassemble any component or subassembly for inspection or test.

[[Page 148]]

    (d) The applicant shall submit a plan of inspection of components at 
the place of manufacture or assembly. The applicant shall furnish to 
MSHA a copy of any factory-inspection form or equivalent with the 
application. The form shall direct attention to the points that must be 
checked to make certain that all components or subassemblies of the 
complete assembly are in proper condition, complete in all respects, and 
in agreement with the drawings, specifications, and descriptions filed 
with MSHA.
    (e) The applicant shall furnish to MSHA complete instructions for 
operating the assembly and servicing components. After completion of 
MSHA's investigation, and before certification, if any revision of the 
instructions is required, a revised copy thereof shall be submitted to 
MSHA for inclusion with the drawings and specifications.

[31 FR 10607, Aug. 9, 1966, as amended at 43 FR 12316, Mar. 24, 1978; 60 
FR 35694, July, 11, 1995; 68 FR 36421, June 17, 2003]



Sec. 27.5  Letter of certification.

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



Sec. 27.6  Certification of components.

    In accordance with Sec. 27.4, manufacturers of components may apply 
to MSHA to issue a letter of certification. To qualify for 
certification, electrical components shall conform to the prescribed 
inspection and test requirements and the construction thereof shall be 
adequately covered by specifications officially recorded and filed with 
MSHA. Letters of certification may be cited to fabricators of equipment 
intended for use in a certified methane-monitoring system as evidence 
that further inspection and test of the components will not be required.



Sec. 27.7  Certification plate or label.

    A certified methane-monitoring system or component thereof shall be 
identified with a certification plate or label which is attached to the 
system or component in a manner acceptable to MSHA. The method of 
attachment shall not impair the explosion-proof characteristics of any 
enclosure. The plate or label shall be of serviceable material, 
acceptable to MSHA, and shall contain the following inscription with 
spaces for appropriate identification of the system or component and 
assigned certificate number:

Manufacturer's Name_____________________________________________________
Description_____________________________________________________________
                                                                  (Name)
Model or Type No________________________________________________________
Certified as complying with the applicable requirements of Schedule 32A.
Certificate No__________________________________________________________



Sec. 27.8  [Reserved]



Sec. 27.9  Date for conducting tests.

    The application, payment of necessary fees, and submission of 
required material will determine the order of precedence for testing 
when more than one application is pending. The applicant will be 
notified of the date on which tests will begin.
    Note: If an assembly, subassembly, or component fails to meet any of 
the requirements, testing of it may be suspended and other items may be 
tested. However, if the cause of failure is corrected, testing will be 
resumed after completing such other test work as may be in progress.



Sec. 27.10  Conduct of investigations, tests, and demonstrations.

    MSHA shall hold as confidential and shall not disclose principles or 
patentable features, nor shall it disclose any details of drawings, 
specifications, or related materials. The conduct of all investigations, 
tests, and demonstrations shall be under the direction and

[[Page 149]]

control of MSHA, and any other persons shall be present only as 
observers, except as noted in paragraph (b) of this section.
    (a) Prior to the issuance of a letter of certification, necessary 
Government personnel, representatives of the applicant, and such other 
persons as are mutually agreed upon may observe the investigations or 
tests.
    (b) When requested by MSHA the applicant shall provide assistance in 
assembling or disassembling components, subassemblies, or assemblies for 
testing, preparing components, subassemblies, or assemblies for testing, 
and operating the system during the tests.
    (c) After the issuance of a letter of certification, MSHA may 
conduct such public demonstrations and tests of the certified methane-
monitoring system or components as it deems appropriate.

[31 FR 10607, Aug. 9, 1966, as amended at 39 FR 24003, June 28, 1974]



Sec. 27.11  Extension of certification.

    If an applicant desires to change any feature of a certified system 
or component, he shall first obtain MSHA's approval of the change, 
pursuant to the following procedure:
    (a)(1) Application shall be made as for an original certification, 
requesting that the existing certification be extended to cover the 
proposed changes. The application shall include complete drawings, 
specifications, and related data, showing the changes in detail.
    (2) Where the applicant for approval has used an independent 
laboratory under part 6 of this chapter to perform, in whole or in part, 
the necessary testing and evaluation for approval of changes to an 
approved product under this part, the applicant must provide to MSHA as 
part of the approval application:
    (i) Written evidence of the laboratory's independence and current 
recognition by a laboratory accrediting organization;
    (ii) Complete technical explanation of how the product complies with 
each requirement in the applicable MSHA product approval requirements;
    (iii) Identification of components or features of the product that 
are critical to the safety of the product; and
    (iv) All documentation, including drawings and specifications, as 
submitted to the independent laboratory by the applicant and as required 
by this part.
    (b) The application will be examined by MSHA to determine whether 
inspection and testing of the modified system or component or of a part 
will be required. MSHA will inform the applicant whether testing is 
required and the component or components and related material to be 
submitted for that purpose.
    (c) If the proposed modification meets the requirements of this 
part, a formal extension of certification will be issued, accompanied by 
a list of revised drawings and specifications which MSHA has added to 
those already on file.

[31 FR 10607, Aug. 9, 1966, as amended at 52 FR 17515, May 8, 1987; 68 
FR 36421, June 17, 2003]



Sec. 27.12  Withdrawal of certification.

    MSHA reserves the right to rescind for cause any certification 
issued under this part.



             Subpart B_Construction and Design Requirements



Sec. 27.20  Quality of material, workmanship, and design.

    (a) MSHA will test only equipment that, in its opinion, is 
constructed of suitable materials, is of good workmanship, is based on 
sound engineering principles, and is safe for its intended use. Since 
all possible designs, arrangements, or combinations of components cannot 
be foreseen, MSHA reserves the right to modify the construction and 
design requirements of components or subassemblies and the tests to 
obtain the degree of protection intended by the tests described in 
Subpart C of this part.
    (b) Unless otherwise noted, the requirements stated in this part 
shall apply to explosion-proof enclosures and intrinsically safe 
circuits.
    (c) All components, subassemblies, and assemblies shall be designed 
and constructed in a manner that will not create an explosion or fire 
hazard.
    (d) All assemblies or enclosures--explosion-proof or intrinsically 
safe--

[[Page 150]]

shall be so designed that the temperatures of the external surfaces, 
during continuous operation, do not exceed 150 [deg]C. (302 [deg]F.) at 
any point.
    (e) Lenses or globes shall be protected against damage by guards or 
by location.
    (f) If MSHA determines that an explosion hazard can be created by 
breakage of a bulb having an incandescent filament, the bulb mounting 
shall be so constructed that the bulb will be ejected if the bulb glass 
enclosing the filament is broken.
    Note: Other methods that provide equivalent protection against 
explosion hazards from incandescent filaments may be considered 
satisfactory at the discretion of MSHA.



Sec. 27.21  Methane-monitoring system.

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



Sec. 27.22  Methane detector component.

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



Sec. 27.23  Automatic warning device.

    (a) An automatic warning device shall be suitably constructed for 
incorporation in or with permissible and approved equipment that is 
operated in gassy mines and tunnels.
    (b) An automatic warning device shall include an alarm signal 
(audible or colored light), which shall be made to function 
automatically at a methane content of the mine atmosphere between 1.0 to 
1.5 volume percent and at all higher concentrations of methane.
    (c) It is recommended that the automatic warning device be 
supplemented by a meter calibrated in volume percent of methane.



Sec. 27.24  Power-shutoff component.

    (a) A power-shutoff component shall be suitably constructed for 
incorporation in or with permissible and approved equipment that is 
operated in gassy mines and tunnels.
    (b) The power-shutoff component shall include:

[[Page 151]]

    (1) A means which shall be made to function automatically to 
deenergize the machine or equipment when actuated by the methane 
detector at a methane concentration of 2.0 volume percent and at all 
higher concentrations in the mine atmosphere.
    (i) For an electric-powered machine or equipment energized by means 
of a trailing cable, the power-shutoff component shall, when actuated by 
the methane detector, cause a control circuit to shut down the machine 
or equipment on which it is installed; or it shall cause a control 
circuit to deenergize both the machine or equipment and the trailing 
cable.
    Note: It is not necessary that power be controlled both at the 
machine and at the outby end of the trailing cable.
    (ii) For a battery-powered machine or equipment, the methane-monitor 
power-shutoff component shall, when actuated by the methane detector, 
cause a control circuit to deenergize the machine or equipment as near 
as possible to the battery terminals.
    (iii) For a diesel-powered machine or equipment, the power-shutoff 
component, when actuated by the methane detector, shall shut down the 
prime mover and deenergize all electrical components of the machine or 
equipment. Batteries are to be disconnected as near as possible to the 
battery terminals. Headlights which are approved under Part 20 of this 
subchapter (Schedule 10, or any revision thereof) are specifically 
exempted from this requirement.
    (2) An arrangement for testing the power-shutoff characteristic to 
determine whether the power-shutoff component is functioning properly.



                       Subpart C_Test Requirements



Sec. 27.30  Inspection.

    A detailed inspection shall be made by MSHA of the equipment and all 
components and functions related to safety in operation, which shall 
include:
    (a) Examining materials, workmanship, and design to determine 
conformance with paragraph (a) of Sec. 27.20.
    (b) Comparing components and subassemblies with the drawings and 
specifications to verify conformance with the requirements of this part.



Sec. 27.31  Testing methods.

    A methane-monitoring system shall be tested by MSHA to determine its 
functional performance, and its explosion-proof and other safety 
characteristics. Since all possible designs, arrangements, or 
combinations cannot be foreseen, MSHA reserves the right to make any 
tests or to place any limitations on equipment, or components or 
subassemblies thereof, not specifically covered herein, to determine and 
assure the safety of such equipment with regard to explosion and fire 
hazards.



Sec. 27.32  Tests to determine performance of the system.

    (a) Laboratory tests for reliability and durability. Five hundred 
successful consecutive tests \2\ for gas detection, alarm action, and 
power shutoff in natural gas-air mixtures \3\ shall be conducted to 
demonstrate acceptable performance as to reliability and durability of a 
methane-monitoring system. The tests shall be conducted as follows:
---------------------------------------------------------------------------

    \2\ Normal replacements and adjustments shall not constitute a 
failure.
    \3\ Investigation has shown that, for practical purposes, natural 
gas (containing a high percentage of methane) is a satisfactory 
substitute for pure methane in these tests.
---------------------------------------------------------------------------

    (1) The methane detector component shall be placed in a test gallery 
into which natural gas shall be made to enter at various rates with 
sufficient turbulence for proper mixing with the air in the gallery. To 
comply with the requirements of this test, the detector shall provide an 
impulse to actuate an alarm at a predetermined percentage of gas and 
also provide an impulse to actuate a power shutoff at a second 
predetermined percentage of gas. (See Sec. Sec. 27.21, 27.22, 27.23, 
and 27.24.) \4\
---------------------------------------------------------------------------

    \4\At the option of MSHA, these tests will be conducted with dust or 
moisture added to the atmosphere within the gallery.
---------------------------------------------------------------------------

    (b) Field tests. MSHA reserves the right to conduct tests, similar 
to those stated in paragraph (a) of this section, in underground 
workings to verify reliability and durability of a methane-monitoring 
system installed in connection with a piece of mining equipment.

[[Page 152]]



Sec. 27.33  Test to determine explosion-proof construction.

    Any assembly, subassembly, or component which, in the opinion of 
MSHA, requires explosion-proof construction shall be tested in 
accordance with the procedures stated in Part 18 of this subchapter.



Sec. 27.34  Test for intrinsic safety.

    Assemblies, subassemblies, or components that are designed for 
intrinsic safety shall be tested by introducing into the circuit(s) 
thereof a circuit-interrupting device which produces an electric spark 
from the current in the circuit. The circuit-interrupting device shall 
be placed in a gallery containing various flammable natural gas-air 
mixtures. To meet the requirements of this test, the spark shall not 
ignite the flammable mixture. For this test the circuit-interrupting 
device shall be operated not less than 100 times at 125 percent of the 
normal operating voltage of the particular circuit.



Sec. 27.35  Tests to determine life of critical components and subassemblies.

    Replaceable components may be subjected to appropriate life tests at 
the discretion of MSHA.



Sec. 27.36  Test for adequacy of electrical insulation and clearances.

    MSHA shall examine, and test in a manner it deems suitable, 
electrical insulation and clearances between electrical conductors to 
determine adequacy for the intended service.



Sec. 27.37  Tests to determine adequacy of safety devices for bulbs.

    The glass envelope of bulbs with the filament incandescent at normal 
operating voltage shall be broken in flammable methane-air or natural 
gas-air mixtures in a gallery to determine that the safety device will 
prevent ignition of the flammable mixtures.



Sec. 27.38  Tests to determine adequacy of windows and lenses.

    Impact tests. A 4-pound cylindrical weight with a one-inch diameter 
hemispherical striking surface will be dropped (free fall) to strike the 
window or lens in its mounting or the equivalent thereof at or near the 
center. At least three out of four samples shall withstand the impact 
according to the following table:

------------------------------------------------------------------------
                                                                 Height
                Overall lens diameter (inches)                   of fall
                                                                (inches)
------------------------------------------------------------------------
Less than 4...................................................         6
4 to 5........................................................         9
5 to 6........................................................        15
Greater than 6................................................        24
------------------------------------------------------------------------


Lenses or windows of smaller diameter than 1 inch may be tested by 
alternate methods at the discretion of MSHA.



Sec. 27.39  Tests to determine resistance to vibration.

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



Sec. 27.40  Test to determine resistance to dust.

    Components, subassemblies, or assemblies, the normal functioning of 
which might be affected by dust, such as coal or rock dust, shall be 
tested in an atmosphere containing an average concentration (50 million 
minus 40 micron particles per cubic foot) of such dust(s) for a 
continuous period of 4

[[Page 153]]

hours. The component, subassembly, or assembly shall function normally 
after being subjected to this test.
    Note: Dust measurements, when necessary, shall be made by impinger 
sampling and light-field counting technique.



Sec. 27.41  Test to determine resistance to moisture.

    Components, subassemblies, or assemblies, the normal functioning of 
which might be affected by moisture, shall be tested in atmospheres of 
high relative humidity (80 percent or more at 65[deg]-75 [deg]F.) for 
continuous operating and idle periods of 4 hours each. The component or 
subassembly or assembly shall function normally after being subjected to 
those tests.



PART 28_FUSES FOR USE WITH DIRECT CURRENT IN PROVIDING SHORT-CIRCUIT 
PROTECTION FOR TRAILING CABLES IN COAL MINES--Table of Contents




                      Subpart A_General Provisions

Sec.
28.1 Purpose.
28.2 Approved fuses.
28.3 Installation, use, and maintenance of approved fuses.
28.4 Definitions.

                   Subpart B_Application for Approval

28.10 Application procedures.

                   Subpart C_Approval and Disapproval

28.20 Certificates of approval; scope of approval.
28.21 Certificates of approval; contents.
28.22 Notice of disapproval.
28.23 Approval labels or markings; approval of contents; use.
28.24 Revocation of certificates of approval.
28.25 Changes or modifications of approved fuses; issuance of 
          modification of certificate of approval.

                        Subpart D_Quality Control

28.30 Quality control plans; filing requirements.
28.31 Quality control plans; contents.
28.32 Proposed quality control plans; approval by MSHA.
28.33 Quality control test methods, equipment, and records; review by 
          MSHA: revocation of approval.

      Subpart E_Construction, Performance and Testing Requirements

28.40 Construction and performance requirements; general.
28.41 Testing requirements; general.

    Authority: 30 U.S.C. 957, 961.

    Source: 37 FR 7562, Apr. 15, 1972, unless otherwise noted.



                      Subpart A_General Provisions



Sec. 28.1  Purpose.

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



Sec. 28.2  Approved fuses.

    (a) On and after the effective date of this part, fuses shall be 
considered to be approved for use with direct current in providing 
short-circuit protection for trailing cables in coal mines only where 
such fuses are: (1) The same in all respects as those fuses which have 
been approved after meeting the minimum requirements for performance and 
short-circuit protection prescribed in this Part 28; and (2) maintained 
in an approved condition.



Sec. 28.3  Installation, use, and maintenance of approved fuses.

    Approved fuses shall be installed and maintained in accordance with 
the specifications prescribed by the manufacturer of the fuses, and 
shall be selected and used in accordance with the standards prescribed 
for short-circuit

[[Page 154]]

protective devices for trailing cables in Parts 75 and 77, Subchapter O 
of this chapter.



Sec. 28.4  Definitions.

    As used in this part--
    (a) Applicant means an individual, partnership, company, 
corporation, association, or other organization that designs, 
manufactures, assembles, or fabricates, or controls the design, 
manufacture, assembly, or fabrication of a fuse, and who seeks to obtain 
a certificate of approval for such fuse.
    (b) Approval means a certificate or formal document issued by MSHA 
stating that an individual fuse or combination of fuses has met the 
minimum requirements of this Part 28, and that the applicant is 
authorized to use and attach an approval label or other equivalent 
marking to any fuse manufactured, assembled, or fabricated in 
conformance with the plans and specifications upon which the approval 
was based, as evidence of such approval.
    (c) Approved means conforming to the minimum requirements of this 
Part 28.
    (d) MESA means the United States Department of the Interior, Mining 
Enforcement and Safety Administration. Predecessor organization to MSHA, 
prior to March 9, 1978.
    (e) MSHA means the United States Department of Labor, Mine Safety 
and Health Administration.
    (f) Fuse means a device, no less effective than an automatic circuit 
breaker, for use with direct current which provides short-circuit 
protection for trailing cables in coal mines by interrupting an 
excessive current in the circuit.

[37 FR 7562, Apr. 15, 1972, as amended at 39 FR 24003, June 28, 1974; 43 
FR 12316, Mar. 24, 1978]



                   Subpart B_Application for Approval



Sec. 28.10  Application procedures.

    (a) Each applicant seeking approval of a fuse for use with direct 
current in providing short-circuit protection for trailing cables shall 
arrange for submission, at applicant's own expense, of the number of 
fuses necessary for testing to a nationally recognized independent 
testing laboratory capable of performing the examination, inspection, 
and testing requirements of this part.
    (b) The applicant shall insure, at his own expense, that the 
examination, inspection, and testing requirements of this part are 
properly and thoroughly performed by the independent testing laboratory 
of his choice.
    (c) Upon satisfactory completion by the independent testing 
laboratory of the examination, inspection, and testing requirements of 
this part, the data and results of such examination, inspection, and 
tests shall be certified by both the applicant and the laboratory and 
shall be sent for evaluation of such data and results to Approval and 
Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, 
WV 26059. The appropriate fee as prescribed in Part 5 of this chapter 
shall accompany the certified data and results.
    (d) The certified data and results of the examinations, inspections, 
and tests required by this part and submitted to MSHA for evaluation 
shall be accompanied by a proposed plan for quality control which meets 
the minimum requirements set forth in Subpart D of this part.
    (e) Each applicant shall deliver to MSHA at his own expense, three 
fuses of each size and type which may be necessary for evaluation of the 
examination, inspection, and test results by the Bureau.
    (f) Applicants or their representatives may visit or communicate 
with Approval and Certification Center in order to discuss the 
requirements for approval of any fuse, or to obtain criticism of 
proposed designs; no charge shall be made for such consultation and no 
written report shall be issued by MSHA as a result of such consultation.

[37 FR 7562, Apr. 15, 1972, as amended at 43 FR 12316, Mar. 24, 1978; 52 
FR 17515, May 8, 1987; 60 FR 35694, July 11, 1995]



                   Subpart C_Approval and Disapproval



Sec. 28.20  Certificates of approval; scope of approval.

    (a) MSHA shall issue certificates of approval pursuant to the 
provisions of

[[Page 155]]

this subpart only for individual, completely fabricated fuses which have 
been examined, inspected, and tested as specified in Sec. 28.10, and 
have been evaluated by MSHA to ensure that they meet the minimum 
requirements prescribed in this part.
    (b) MSHA shall not issue an informal notification of approval.



Sec. 28.21  Certificates of approval; contents.

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



Sec. 28.22  Notice of disapproval.

    (a) If, upon completion of the evaluation by MSHA conducted in 
accordance with Sec. 28.10, it is determined that the fuse does not 
meet the minimum requirements set forth in this part, MSHA shall issue a 
written notice of disapproval to the applicant.
    (b) Each notice of disapproval shall be accompanied by all available 
findings with respect to the defects of the fuse for which approval was 
sought with a view to the possible correction of any such defects.
    (c) MSHA shall not disclose, except to the applicant upon written 
request or when required by statute or regulation, any data, findings, 
or other information with respect to any fuse for which a notice of 
disapproval is issued.



Sec. 28.23  Approval labels or markings; approval of contents; use.

    (a) Approval labels shall bear the emblem of the Mine Safety and 
Health Administration, an approval number, the restrictions, if any, 
placed upon the use of the fuse by MSHA, and where appropriate, the 
applicant's name and address.
    (b) Upon receipt of a certificate of approval, the applicant shall 
submit to MSHA, for approval of contents, full-scale reproductions of 
approval labels or markings, as appropriate, and a sketch or description 
of the method of application and position on the fuse, together with 
instructions for the installation, use, and maintenance of the fuse.
    (c) Legible reproductions or abbreviated forms of the label or 
markings approved by MSHA shall be attached to or printed on each fuse.
    (d) Each fuse shall be marked with the rating of the Underwriters 
Laboratories, Inc.
    (e) MSHA shall, where necessary, notify the applicant when 
additional labels, markings, or instructions will be required.
    (f) Approval labels or markings shall only be used by the applicant 
to whom they were issued.
    (g) The use of any MSHA approval label or marking obligates the 
applicant to whom it is issued to maintain or cause to be maintained the 
approved quality control sampling procedure and the acceptable quality 
level for each characteristic tested, and to guarantee that the approved 
fuse is manufactured according to the specifications upon which the 
certificate of approval is based.
    (h) The use of any MSHA approval label or marking obligates the 
applicant to whom it is issued to retest the approved fuse within a 2-
year period from the date of the certificate of approval, and every 2 
years thereafter, in accordance with the provisions of Sec. 28.10.

[37 FR 7562, Apr. 15, 1972, as amended at 43 FR 12316, Mar. 24, 1978; 45 
FR 68935, Oct. 17, 1980]

[[Page 156]]



Sec. 28.24  Revocation of certificates of approval.

    MSHA reserves the right to revoke, for cause, any certificate of 
approval issued pursuant to the provisions of this part. Such causes 
include, but are not limited to, misuse of approval labels and markings, 
misleading advertising, violations of section 110(h) of the Federal Mine 
Safety and Health Act of 1977 and failure to maintain or cause to be 
maintained the quality control requirements of the certificate of 
approval.

[37 FR 7562, Apr. 15, 1972, as amended at 43 FR 12316, Mar. 24, 1978]



Sec. 28.25  Changes or modifications of approved fuses; issuance of 
modification of certificate of approval.

    (a) Each applicant may, if he desires to change any feature of an 
approved fuse, request a modification of the original certificate of 
approval issued by MSHA for such fuse by filing an application for 
modification in accordance with the provisions of this section.
    (b) Applications, including fees, shall be submitted as specified in 
Sec. 28.10 for an original certificate of approval, with a request for 
a modification of the existing certificate to cover any proposed change.
    (c) The application for modification, together with the examination, 
inspection, and test results prescribed by Sec. 28.10 shall be examined 
and evaluated by MSHA to determine if the proposed modification meets 
the requirements of this part.
    (d) If the proposed modification meets the requirements of this 
part, a formal modification of approval will be issued, accompanied, 
where necessary, by reproductions of revised approval labels or 
markings.



                        Subpart D_Quality Control



Sec. 28.30  Quality control plans; filing requirements.

    As a part of each application for approval or modification of 
approval submitted pursuant to this part, each applicant shall file with 
MSHA a proposed quality control plan which shall be designed to assure 
the quality of short-circuit protection provided by the fuse for which 
approval is sought.



Sec. 28.31  Quality control plans; contents.

    (a) Each quality control plan shall contain provisions for the 
management of quality, including: (1) Requirements for the production of 
quality data and the use of quality control records; (2) control of 
engineering drawings, documentations, and changes; (3) control and 
calibration of measuring and test equipment; (4) control of purchased 
material to include incoming inspection; (5) lot identification, control 
of processes, manufacturing, fabrication, and assembly work conducted in 
the applicant's plant; (6) audit or final inspection of the completed 
product; and, (7) the organizational structure necessary to carry out 
these provisions.
    (b) The sampling plan shall include inspection tests and sampling 
procedures developed in accordance with Military Specification MIL-F-
15160D, ``Fuses; Instrument, Power, and Telephone'' (which is hereby 
incorporated by reference and made a part hereof), Group A tests and 
Group B tests, except that the continuity and/or resistance 
characteristics of each fuse shall be tested. Military Specification 
MIL-F-15160D is available for examination at Approval and Certification 
Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059. 
Copies of the document may be purchased from the Superintendent of 
Documents, U.S. Government Printing Office, Washington, DC20402.
    (c) The sampling procedure shall include a list of the 
characteristics to be tested by the applicant or his agent and shall 
include but not be limited to: (1) Continuity and/or resistance 
determination for each fuse; (2) carry current capability (not less than 
110 percent of the rated current); and, (3) overload current 
interruption capability (not less than 135 percent of the rated 
current).
    (d) The quality control inspection test method to be used by the 
applicant

[[Page 157]]

or his agent for each characteristic required to be tested shall be 
described in detail.

[37 FR 7562, Apr. 15, 1972, as amended at 43 FR 12316, Mar. 24, 1978; 60 
FR 35694, July 11, 1995]



Sec. 28.32  Proposed quality control plans; approval by MSHA.

    (a) Each proposed quality control plan submitted in accordance with 
this subpart shall be reviewed by MSHA to determine its effectiveness in 
insuring the quality of short-circuit protection provided by the fuse 
for which an approval is sought.
    (b) If MSHA determines that the proposed quality control plan 
submitted by the applicant will not insure adequate quality control, 
MSHA shall require the applicant to modify the procedures and testing 
requirements of the plan prior to approval of the plan and issuance of 
any certificate of approval.
    (c) Approved quality control plans shall constitute a part of and be 
incorporated into any certificate of approval issued by MSHA, and 
compliance with such plans by the applicant shall be a condition of 
approval.



Sec. 28.33  Quality control test methods, equipment, and records; review 
by MSHA; revocation of approval.

    (a) MSHA reserves the right to have its representatives inspect the 
applicant's quality control test methods, equipment, and records, and to 
interview any employee or agent of the applicant in regard to quality 
control test methods, equipment, and records.
    (b) MSHA reserves the right to revoke, for cause, any certificate of 
approval where it finds that the applicant's quality control test 
methods, equipment, or records do not ensure effective quality control 
over the fuse for which the approval was issued.



      Subpart E_Construction, Performance, and Testing Requirements



Sec. 28.40  Construction and performance requirements; general.

    (a) MSHA shall issue approvals for fuses for use with direct current 
in providing short-circuit protection for trailing cables, when such 
fuses have met the minimum construction, performance, and testing 
requirements set forth in this subpart.
    (b) Fuses submitted to MSHA for approval will not be accepted unless 
they are designed on sound engineering and scientific principles, 
constructed of suitable materials, and evidence good workmanship.
    (c) Fuses may be single-element or dual-element in type, however, 
they shall be capable of interrupting any direct current within a range 
from the ampere rating of the fuse under consideration for approval up 
to 20,000 amperes.
    (d) MSHA shall accept the fuse size and ampere rating as specified 
in the Underwriters Laboratories, Inc., standard for alternating current 
fuses (UL-198), which is hereby incorporated by reference and made a 
part hereof. This document is available for examination at Approval and 
Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, 
WV 26059, and copies of the document are available from Underwriters 
Laboratories, Inc., 161 Sixth Avenue, New York, NY 10013.
    (e) Fuses shall be capable of completely interrupting a current 
within 30 milliseconds after initial current interruption, and shall not 
show any evidence of restriking after 30 milliseconds.
    (f) The blown fuse shall show only superficial damage.

[37 FR 7562, Apr. 15, 1972, as amended at 43 FR 12316, Mar. 24, 1978; 60 
FR 35694, July 11, 1995]



Sec. 28.41  Testing requirements; general.

    (a) The open circuit voltage of the test circuit shall be 300 volts 
d.c., or 600 volts d.c., depending on the voltage rating of the fuse 
being tested.
    (b) Time constant of the circuit (defined as T=L/R, where T is the 
time in seconds, L is the inductance in henries, and R is the resistance 
in ohms) shall be as follows:
    (1) For 10,000 amperes and greater currents, T=0.016 second or more;
    (2) For 1,000 amperes to 10,000 amperes, T=0.008 second or more;
    (3) For 100 amperes to 1,000 amperes, T=0.006 second or more; and

[[Page 158]]

    (4) For less than 100 amperes, T=0.002 seconds or more.
    (c) Test currents shall be as follows:
    (1) 200 percent of rated current for fuses having 200 or less ampere 
rating, or 300 percent of rated current for fuses having greater than 
200 ampere rating;
    (2) 900 percent of rated current;
    (3) 10,000 amperes; and
    (4) 20,000 amperes.
    (d) The voltage shall continue to be applied for at least 30 seconds 
after completion of circuit interruption.
    (e) Five fuses of each case size shall be tested at each test 
current specified in paragraph (c) of this section, with the value of 
the fuse being the maximum value for the case size.
    (f) Three of each lot of five fuses shall be preconditioned at 
955 percent RH for not less than 5 days 
immediately prior to testing; and the other two fuses of each lot of 
five shall be preconditioned by heating to 90 [deg]C. for 24 hours, and 
tested within 1 hour after removal from the preconditioning chamber.
    (g) At least three of each lot of five fuses shall be tested in a 
fuse holder of a trolley-tap type, and the fuse holder shall remain 
intact and shall readily accept and retain a replacement fuse.



PART 33_DUST COLLECTORS FOR USE IN CONNECTION WITH ROCK DRILLING IN COAL 
MINES--Table of Contents




                      Subpart A_General Provisions

Sec.
33.1 Purpose.
33.2 Definitions.
33.3 Consultation.
33.4 Types of dust collectors for which certificates of approval may be 
          granted.
33.5 [Reserved]
33.6 Applications.
33.7 Date for conducting tests.
33.8 Conduct of investigations, tests, and demonstrations.
33.9 Certification of dust-collecting systems.
33.10 Certificates of approval or performance.
33.11 Approval plates.
33.12 Changes after certification.
33.13 Withdrawal of certification.

                  Subpart B_Dust-Collector Requirements

33.20 Design and construction.
33.21 Modification of test equipment.
33.22 Mode of use.
33.23 Mechanical positioning of parts.

                       Subpart C_Test Requirements

33.30 Test site.
33.31 Test space.
33.32 Determination of dust concentration.
33.33 Allowable limits of dust concentration.
33.34 Drilling test.
33.35 Methods of drilling; dust-collector unit.
33.36 Method of drilling; combination unit or dust-collecting system.
33.37 Test procedure.
33.38 Electrical parts.

    Authority: 30 U.S.C. 957, 961.

    Source: Schedule 25B, 25 FR 6473, July 9, 1960, unless otherwise 
noted.



                      Subpart A_General Provisions



Sec. 33.1  Purpose.

    The regulations in this part set forth the requirements for dust 
collectors used in connection with rock drilling in coal mines to 
procure their certification as permissible for use in coal mines; 
procedures for applying for such certification; and fees.



Sec. 33.2  Definitions.

    As used in this part:
    (a) Permissible, as applied to a dust collector, means that it 
conforms to the requirements of this part, and that a certificate of 
approval to that effect has been issued.
    (b) Bureau means the United States Bureau of Mines.
    (c) Certificate of approval means a formal document issued by MSHA 
stating that the dust collector unit or combination unit has met the 
requirements of this part, and authorizing the use and attachment of an 
official approval plate or a marking so indicating.
    (d) Certificate of performance means a formal document issued by 
MSHA stating that a dust-collecting system has met the test requirements 
of Subpart C of this part and therefore is suitable for use as part of 
permissible units.
    (e) Dust-collector unit means a complete assembly of parts 
comprising apparatus for collecting the dust that results from drilling 
in rock in coal mines, and is independent of the drilling equipment.

[[Page 159]]

    (f) Combination unit means a rock-drilling device with an integral 
dust-collecting system, or mining equipment with an integral rock-
drilling device and dust-collecting system.
    (g) Dust-collecting system means an assembly of parts comprising 
apparatus for collecting the dust that results from drilling in rock and 
is dependent upon attachment to other equipment for its operation.
    (h) Applicant means an individual, partnership, company, 
corporation, association, or other organization that designs and 
manufactures, assembles or controls the assembly of a dust-collecting 
system, dust-collector unit, or a combination unit, and seeks 
certification thereof.
    (i) MSHA means the United States Department of Labor, Mine Safety 
and Health Administration.

[Sched. 25B, 25 FR 6473, July 9, 1960, as amended at 39 FR 24005, June 
28, 1974; 43 FR 12317, Mar. 24, 1978]



Sec. 33.3  Consultation.

    By appointment, applicants or their representatives may visit 
Approval and Certification Center, Box 201B Industrial Park Road, Dallas 
Pike, Triadelphia, W. Va. 26059, and discuss with qualified Bureau 
representative proposed designs of equipment to be submitted in 
accordance with the requirements of the regulations of this part. No 
charge is made for such consultation and no written report thereof will 
be submitted to the applicant.

[Sched. 25B, 25 FR 6473, July 9, 1960, as amended at 43 FR 12317, Mar. 
24, 1978]



Sec. 33.4  Types of dust collectors for which certificates of approval 
may be granted.

    (a) Certificates of approval will be granted only for completely 
assembled dust-collector or combination units; parts or subassemblies 
will not be approved.
    (b) The following types of equipment may be approved: Dust-collector 
or combination units having components designed specifically to prevent 
dissemination of airborne dust generated by drilling into coal-mine rock 
strata in concentrations in excess of those hereinafter stated in Sec. 
33.33 as allowable, and to confine or control the collected dust in such 
manner that it may be removed or disposed of without dissemination into 
the mine atmosphere in quantities that would create unhygienic 
conditions.



Sec. 33.5  [Reserved]



Sec. 33.6  Applications.

    (a)(1) No investigation or testing will be undertaken by MSHA except 
pursuant to a written application (except as otherwise provided in 
paragraph (e) of this section), accompanied by a check, bank draft, or 
money order, payable to the U.S. Mine Safety and Health Administration, 
to cover the fees; and all prescribed drawings, specifications, and all 
related materials. The application and all related matters and all 
correspondence concerning it shall be sent to the Approval and 
Certification Center, Rural Route 1, Box 251, Industrial Park 
Road, Triadelphia, WV 26059.
    (2) Where the applicant for approval has used an independent 
laboratory under part 6 of this chapter to perform, in whole or in part, 
the necessary testing and evaluation for approval under this part, the 
applicant must provide to MSHA as part of the approval application:
    (i) Written evidence of the laboratory's independence and current 
recognition by a laboratory accrediting organization;
    (ii) Complete technical explanation of how the product complies with 
each requirement in the applicable MSHA product approval requirements;
    (iii) Identification of components or features of the product that 
are critical to the safety of the product; and
    (iv) All documentation, including drawings and specifications, as 
submitted to the independent laboratory by the applicant and as required 
by this part.
    (3) An applicant may request testing and evaluation to non-MSHA 
product safety standards which have been determined by MSHA to be 
equivalent, under Sec. 6.20 of this chapter, to MSHA's product approval 
requirements under this part.
    (b) The application shall specify the operating conditions (see 
Sec. 33.22) for which certification is requested.

[[Page 160]]

    (c) Shipment of the equipment to be tested shall be deferred until 
MSHA has notified the applicant that the application will be accepted. 
Shipping instructions will be issued by MSHA and shipping charges shall 
be prepaid by the applicant. Upon completion of the investigation and 
notification thereof to the applicant by MSHA, the applicant shall 
remove his equipment promptly from the test site (see Sec. 33.30).
    (d) Drawings and specifications shall be adequate in number and 
detail to identify fully the design of the unit or system and to 
disclose its materials and detailed dimensions of all component parts. 
Drawings must be numbered and dated to insure accurate identification 
and reference to records, and must show the latest revision. 
Specifications and drawings, including a complete assembly drawing with 
each part that affects dust collection identified thereon, shall 
include:
    (1) Details of all dust-collector parts. A manufacturer who supplies 
the applicant with component parts or sub- assemblies may submit 
drawings and specifications of such parts or subassemblies direct to 
MSHA instead of to the applicant. If the unit or system is certified, 
MSHA will supply the applicant with a list, in duplicate, of drawing 
numbers pertaining to such parts or subassemblies for identification 
purposes only.
    (2) Details of the electrical parts of units designed to operate as 
face equipment (see Sec. 33.38) in accordance with the provisions of 
Part 18 of Subchapter D of this chapter. (Bureau of Mines Schedule 2, 
revised, the current revision of which is Schedule 2F).
    (3) Storage capacity of the various stages of dust collection in the 
dust separator.
    (4) Net filter area in the dust separator, and complete 
specifications of the filtering material.
    (e) If an application is made for certification of a dust-collector 
unit or a combination unit that includes electrical parts, and is 
designed to operate as electric face equipment, as defined in Sec. 
33.38, the application shall be in triplicate.
    (f) The application shall state that the unit or system is 
completely developed and of the design and materials which the applicant 
believes to be suitable for a finished marketable product.
    (g) The applicant shall furnish a complete unit or system for 
inspection and testing. Spare parts, such as gaskets and other 
expendable components subject to wear in normal operation, shall be 
supplied by the applicant to permit continuous operation during test 
periods. If special tools are necessary to disassemble any part for 
inspection or test, they shall be furnished by the applicant.
    (h) Each unit or system shall be carefully inspected before it is 
shipped from the place of manufacture or assembly and the results of the 
inspection shall be recorded on a factory-inspection form. The applicant 
shall furnish MSHA with a copy of the factory-inspection form with his 
application. The form shall direct attention to the points that must be 
checked to make certain that all parts are in proper condition, complete 
in all respects, and in agreement with the drawings and specifications 
filed with MSHA.
    (i) With the application the applicant shall furnish MSHA with 
complete instructions for operating and servicing the unit or system and 
information as to the kind of power required. After MSHA's 
investigation, if any revision of the instructions is required a revised 
copy thereof shall be submitted to MSHA for inclusion with the drawings 
and specifications.

[Sched. 25B, 25 FR 6473, July 9, 1960, as amended at 43 FR 12317, Mar. 
24, 1978; 47 FR 14696, Apr. 6, 1982; 47 FR 28095, June 29, 1982; 60 FR 
33723, June 29, 1995; 68 FR 36422, June 17, 2003]



Sec. 33.7  Date for conducting tests.

    The date of acceptance of an application will determine the order of 
precedence for testing when more than one application is pending, and 
the applicant will be notified of the date on which tests will begin. If 
a unit or system fails to meet any of the requirements, it shall lose 
its order of precedence. If an application is submitted to resume 
testing after correction of the cause of failure, it will be treated as 
a new application and the order of precedence for testing will be so 
determined.

[[Page 161]]



Sec. 33.8  Conduct of investigations, tests, and demonstrations.

    (a) Prior to the issuance of a certificate of approval or 
performance, necessary government personnel, representatives of the 
applicant, and such other persons as may be mutually agreed upon, may 
observe the investigations or tests. MSHA shall hold as confidential and 
shall not disclose principles or patentable features, nor shall it 
disclose any details of drawings, specifications, and related materials. 
After the issuance of a certificate, MSHA may conduct such public 
demonstrations and tests of the unit or system as it deems appropriate. 
The conduct of all investigations, tests, and demonstrations shall be 
under the direction and control of MSHA, and any other persons shall be 
present only as observers, except as noted in paragraph (b) of this 
section.
    (b) When requested by MSHA, the applicant shall provide assistance 
in disassembling parts for inspection, preparing parts for testing, and 
operating combination units.

[Sched. 25B, 25 FR 6473, July 9, 1960, as amended at 39 FR 24005, June 
28, 1974]



Sec. 33.9  Certification of dust-collecting systems.

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



Sec. 33.10  Certificates of approval or performance.

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

[[Page 162]]



Sec. 33.11  Approval plates.

    (a) A certificate of approval will be accompanied by a photograph of 
a design for an approval plate, bearing the emblem of the Mine Safety 
and Health Administration, the name of the applicant, the name of the 
unit, the approval number or space for the approval number (or numbers 
if permissibility of electrical parts is involved), spaces for the type 
and the serial numbers of the unit, conditions of approval, and 
identifying numbers of the dust-collector parts. When deemed necessary 
by MSHA, an appropriate statement shall be added, giving the precautions 
to be observed in maintaining the unit in an approved condition.
    (b) An approval plate for a unit designed for use in a nongassy coal 
mine shall state that any electrical parts are not certified for use in 
a gassy coal mine. (See Sec. 33.38(c).)
    (c) The applicant shall reproduce the design either as a separate 
plate or by stamping or molding it in some suitable place on each unit 
to which it relates. The size, type, and method of attaching and 
location of an approval plate are subject to the approval of MSHA. The 
method of affixing the plate shall not impair the dust-collection or 
explosion-proof features of the unit.
    (d) The approval plate identifies the unit, to which it is attached, 
as permissible, and is the applicant's guarantee that the unit complies 
with the requirements of this part. Without an approval plate, no unit 
has the status of ``permissible'' under the provisions of this part.
    (e) Use of the approval plate obligates the applicant to whom the 
certificate of approval was granted to maintain the quality of each unit 
bearing it and guarantees that it is manufactured and assembled 
according to the drawings and specifications upon which a certificate of 
approval was based. Use of the approval plate is not authorized except 
on units that conform strictly with the drawings and specifications upon 
which the certificate of approval was based.

[Sched. 25B, 25 FR 6473, July 9, 1960, as amended at 43 FR 12317, Mar. 
24, 1978]



Sec. 33.12  Changes after certification.

    If an applicant desires to change any feature of a certified unit or 
system, he shall first obtain MSHA's approval of the change, pursuant to 
the following procedure:
    (a)(1) Application shall be made as for an original certificate, 
requesting that the existing certification be extended to cover the 
proposed changes, and shall be accompanied by drawings, specifications, 
and related data showing the changes in detail.
    (2) Where the applicant for approval has used an independent 
laboratory under part 6 of this chapter to perform, in whole or in part, 
the necessary testing and evaluation for approval of changes to an 
approved product under this part, the applicant must provide to MSHA as 
part of the approval application:
    (i) Written evidence of the laboratory's independence and current 
recognition by a laboratory accrediting organization;
    (ii) Complete technical explanation of how the product complies with 
each requirement in the applicable MSHA product approval requirements;
    (iii) Identification of components or features of the product that 
are critical to the safety of the product; and
    (iv) All documentation, including drawings and specifications, as 
submitted to the independent laboratory by the applicant and as required 
by this part.
    (b) The application will be examined by MSHA to determine whether 
inspection and testing will be required. Testing will be necessary if 
there is a possibility that the modification may affect adversely the 
performance of the unit or system. MSHA will inform the applicant 
whether such testing is required and the components or materials to be 
submitted for that purpose.
    (c) If the proposed modification meets the requirements of this part 
and Part 18 of Subchapter D of this chapter (Bureau of Mines Schedule 2, 
revised, the current revision of which is Schedule 2F) if applicable, a 
formal extension of certification will be issued, accompanied by a list 
of new and corrected drawings and specifications to be added to those 
already on

[[Page 163]]

file as the basis for the extension of certification.

[Schedule 25B, 25 FR 6473, July 9, 1960, as amended at 52 FR 17515, May 
8, 1987; 68 FR 36422, June 17, 2003]



Sec. 33.13  Withdrawal of certification.

    MSHA reserves the right to rescind for cause, at any time, any 
certification granted under this part.



                  Subpart B_Dust-Collector Requirements



Sec. 33.20  Design and construction.

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



Sec. 33.21  Modification of test equipment.

    For test purposes the unit or system may be modified, such as by 
attaching instruments or measuring devices, at MSHA's discretion; but 
such modification shall not alter its performance.



Sec. 33.22  Mode of use.

    (a) A unit or system may be designed for use in connection with 
percussion and/or rotary drilling in any combination of the following 
drilling positions: (1) Vertically upward, (2) upward at angles to the 
vertical, (3) horizontally, and (4) downward.
    (b) Dust-collector units may be designed for use with specific 
drilling equipment or at specific drilling speeds.



Sec. 33.23  Mechanical positioning of parts.

    All parts of a unit that are essential to the dust-collection 
feature shall be provided with suitable mechanical means for positioning 
and maintaining such parts properly in relation to the stratum being 
drilled.



                       Subpart C_Test Requirements



Sec. 33.30  Test site.

    Tests shall be conducted at an appropriate location determined by 
MSHA.

[39 FR 24005, June 28, 1974]



Sec. 33.31  Test space.

    (a) Drilling tests shall be conducted in a test space formed by two 
curtains suspended across a mine opening in such a manner that the 
volume of the test space shall be approximately 2,000 cubic feet.
    (b) No mechanical ventilation shall be provided in the test space 
during a drilling test, except such air movement as may be induced by 
operation of drilling- or dust-collecting equipment.
    (c) All parts of a unit or system shall be within the test space 
during a drilling test.



Sec. 33.32  Determination of dust concentration.

    (a) Concentrations of airborne dust in the test space shall be 
determined by sampling with a midget impinger apparatus, and a light-
field microscopic technique shall be employed in determining 
concentrations of dust in terms of millions of particles (5 microns or 
less in diameter) per cubic foot of air sampled.
    (b) Before a drilling test is started the surfaces of the test space 
shall be wetted; the test space shall be cleared of air-borne dust 
insofar as practicable by mechanical ventilation or other means; and an 
atmospheric sample, designated as a control sample, shall be collected 
during a 5-minute period to determine residual airborne dust in the test 
space.

[[Page 164]]

    (c) A sample of airborne dust, designated as a test sample, shall be 
collected in the breathing zone of the drill operators during the 
drilling of each test hole. Time consumed in changing drill steel shall 
not be considered as drilling time and sampling shall be discontinued 
during such periods.

[Sched. 25B, 25 FR 6473, July 9, 1960, as amended at 26 FR 2599, Mar. 
28, 1961]



Sec. 33.33  Allowable limits of dust concentration.

    (a) The concentration of dust determined by the control sample shall 
be subtracted from the average concentration of dust determined by the 
test samples collected at each drill operator's position, and the 
difference shall be designated as the net concentration of airborne 
dust. Calculations of the average concentration of dust determined from 
the test samples shall be based upon the results of not less than 80 
percent of each set of test samples.
    (b) Under each prescribed test condition, the net concentration of 
airborne dust at each drill operator's position shall not exceed 10 
million particles (5 microns or less in diameter) per cubic foot of air 
when determined in accordance with the method given in Sec. 33.32(a).

[Sched. 25B, 25 FR 6473, July 9, 1960, as amended at 26 FR 2599, Mar. 
28, 1961]



Sec. 33.34  Drilling test.

    (a) A drilling test shall consist of drilling a set of 10 test 
holes, without undue delay, under specified operating conditions. When 
the test involves the control of dust from more than one drill, all the 
drills shall be used in the intended manner to complete the set of test 
holes.
    (b) Holes shall be drilled to a depth of 4 feet plus or minus 2 
inches and shall be spaced so as not to interfere with adjacent holes. 
Each hole may be plugged after completion.
    (c) Receptacles and filters for collecting drill cuttings shall be 
emptied and cleaned before each drilling test is started.
    (d) Holes designated as ``vertical'' shall be drilled to incline not 
more than 10 degrees to the vertical. Holes designated as ``angle'' 
shall be drilled to incline not less than 30 and not more than 45 
degrees to the vertical. Holes designated as ``horizontal'' shall be 
drilled to incline not more than 15 degrees to the horizontal.

[Sched. 25B, 25 FR 6473, July 9, 1960, as amended at 26 FR 2599, Mar. 
28, 1961]



Sec. 33.35  Methods of drilling; dust-collector unit.

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

[[Page 165]]

sharp when starting to drill each set of 10 holes.



Sec. 33.36  Method of drilling; combination unit or dust-collecting system.

    Drilling shall be conducted in accordance with the applicant's 
specifications and operating instructions. If special drill bits or 
drill steel are required, they shall be furnished to MSHA by the 
applicant. Otherwise the drill bit and drill steel requirements stated 
in paragraphs (b) and (c) of Sec. 33.35 shall be complied with for all 
types of combination units or dust-collecting systems.



Sec. 33.37  Test procedure.

    (a) Roof drilling: Drilling shall be done in friable strata, similar 
to the roof in the Bureau's Experimental Mine, which tends to produce 
large scale-like cuttings.
    (b) Horizontal drilling: Drilling shall be done in strata comparable 
in hardness to that of coal-mine draw slate. Holes shall be started near 
the roof of the test space under conditions simulating the drilling of 
draw slate in coal mining.
    (c) Down drilling: Drilling shall be done in typical mine floor 
strata with a pneumatic percussion-type drill. Five holes shall be 
drilled vertically and five holes shall be drilled at an angle.
    (d) At MSHA's discretion drilling in ``on site'' strata may be 
acceptable in lieu of strata requirements in paragraphs (a), (b), and 
(c) of this section. (See Sec. 33.20(a).)



Sec. 33.38  Electrical parts.

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



PART 35_FIRE-RESISTANT HYDRAULIC FLUIDS--Table of Contents




                      Subpart A_General Provisions

Sec.
35.1 Purpose.
35.2 Definitions.
35.3 Consultation.
35.4 Types of hydraulic fluid for which certificates of approval may be 
          granted.
35.5 [Reserved]
35.6 Applications.
35.7 Date for conducting tests.
35.8 Conduct of investigations, tests, and demonstrations.
35.9 Certificates of approval.
35.10 Approval labels or markings.
35.11 Material required for record.
35.12 Changes after certification.
35.13 Withdrawal of certification.

                       Subpart B_Test Requirements

35.20 Autogenous-ignition temperature test.
35.21 Temperature-pressure spray-ignition test.
35.22 Test to determine effect of evaporation on flammability.
35.23 Performance required for certification.

    Authority: 30 U.S.C. 957, 961.

    Source: Schedule 30, 24 FR 10201, Dec. 17, 1959, unless otherwise 
noted.



                      Subpart A_General Provisions



Sec. 35.1  Purpose.

    The regulations in this part set forth the requirements for fire-
resistant hydraulic fluids and concentrates for the production thereof 
to procure their certification as approved for use in machines and 
devices that are operated in

[[Page 166]]

coal mines and procedures for applying for such certification.

[Schedule 30, 24 FR 10201, Dec. 17, 1959, as amended at 52 FR 17515, May 
8, 1987]



Sec. 35.2  Definitions.

    As used in this part--
    (a) Permissible, as applied to hydraulic fluids, means that the 
fluid conforms to the requirements of this part, and that a certificate 
of approval to that effect has been issued.
    (b) MSHA means the United States Department of Labor, Mine Safety 
and Health Administration.
    (c) Certificate of approval means a formal document issued by MESA 
stating that the fluid has met the requirements of this part for fire-
resistant hydraulic fluids and authorizing the use of an official 
identifying marking so indicating.
    (d) Fire-resistant hydraulic fluid means a fluid of such chemical 
composition and physical characteristics that it will resist the 
propagation of flame.
    (e) Concentrate means a substance in concentrated form that might 
not be fire resistant as such but when mixed with water or other vehicle 
in accordance with instructions furnished by the applicant will 
constitute a fire-resistant hydraulic fluid.
    (f) Applicant means an individual, partnership, company, 
corporation, association, or other organization that manufactures, 
compounds, refines, or otherwise produces, a fire-resistant hydraulic 
fluid or a concentrate for the production thereof, and seeks a 
certificate of approval.

[Sched. 30, 24 FR 10201, Dec. 17, 1959, as amended at 39 FR 24005, June 
28, 1974; 43 FR 12317, Mar. 24, 1978]



Sec. 35.3  Consultation.

    By appointment, applicants or their representatives may visit 
Approval and Certification Center, RR 1, Box 251, Industrial Park Road, 
Triadelphia, WV 26059, to discuss with qualified MSHA personnel proposed 
fluids to be submitted in accordance with the regulations of this part. 
No charge is made for such consultation and no written report thereof 
will be submitted to the applicant.

[Sched. 30, 24 FR 10201, Dec. 17, 1959, as amended at 43 FR 12317, Mar. 
24, 1978; 60 FR 35694, July 11, 1995]



Sec. 35.4  Types of hydraulic fluid for which certificates of approval 
may be granted.

    Certificates of approval will be granted for completely compounded 
or mixed fluids and not for individual ingredients; except that when a 
concentrate is submitted for testing, complete instructions for mixing 
with water or other vehicle shall be furnished to MSHA, together with 
the vehicle other than water, and the approval will cover only the 
specific mixture that constitutes the hydraulic fluid for use in coal 
mines.



Sec. 35.5  [Reserved]



Sec. 35.6  Applications.

    (a)(1) No investigation or testing will be undertaken by MSHA except 
pursuant to a written application, accompanied by a check, bank draft, 
or money order, payable to the U.S. Mine Safety and Health 
Administration, to cover the fees; and all descriptions, specifications, 
test samples, and related materials. The application and all related 
matters and correspondence concerning it shall be sent to the Approval 
and Certification Center, Rural Route 1, Box 251, Industrial 
Park Road, Triadelphia, WV 26059.
    (2) Where the applicant for approval has used an independent 
laboratory under part 6 of this chapter to perform, in whole or in part, 
the necessary testing and evaluation for approval under this part, the 
applicant must provide to MSHA as part of the approval application:
    (i) Written evidence of the laboratory's independence and current 
recognition by a laboratory accrediting organization;
    (ii) Complete technical explanation of how the product complies with 
each requirement in the applicable MSHA product approval requirements;
    (iii) Identification of components or features of the product that 
are critical to the safety of the product; and

[[Page 167]]

    (iv) All documentation, including drawings and specifications, as 
submitted to the independent laboratory by the applicant and as required 
by this part.
    (3) An applicant may request testing and evaluation to non-MSHA 
product safety standards which have been determined by MSHA to be 
equivalent, under Sec. 6.20 of this chapter, to MSHA's product approval 
requirements under this part.
    (b) Descriptions and specifications shall be adequate in detail to 
identify fully the composition of the hydraulic fluid and to disclose 
its characteristics. Descriptions and specifications shall include:
    (1) An identifying name or number of the fluid or concentrate for 
the production thereof.
    (2) Pour point, [deg]F.; freezing point, [deg]F.; color; 
neutralization number or pH; viscosity at 100 [deg]F., 150 [deg]F., 175 
[deg]F. (Saybolt or Furol); viscosity index; specific gravity.
    (3) A statement of the water or other vehicle content in percent by 
weight or volume and how it affects fire resistance of the hydraulic 
fluid. If water is the vehicle, the statement shall include the 
applicant's method for determining water content quickly in the field.
    (c) The application shall state whether the fluid submitted for test 
is toxic or irritating to the skin and what precautions are necessary in 
handling it.
    (d) The application shall state that the applicant has tested the 
fluid which he believes to have fire-resistant properties, the basis for 
such determination, and submit with his application the data resulting 
from the applicant's use or laboratory tests to determine the fire-
resistant properties of the fluid.
    (e) The application shall contain evidence that the fluid has 
lubricating and hydraulic properties and is satisfactory for use in 
underground mining machinery; and shall state that the fluid, or 
concentrate for the production thereof, is fully developed and is of the 
composition that the applicant believes to be a suitable marketable 
product.
    (f) The application shall state the nature, adequacy, and continuity 
of control of the constituents of the fluid to maintain its fire-
resistant characteristics and how each lot will be sampled and tested to 
maintain its protective qualities. MSHA reserves the right to have its 
qualified representative(s) inspect the applicant's control-test 
equipment, procedures, and records, and to interview the personnel who 
conduct the control tests to satisfy MSHA that the proper procedure is 
being followed to insure that the fire-resistant qualities of the 
hydraulic fluid are maintained.
    (g) When MSHA notifies the applicant that the application will be 
accepted, it will also notify him as to the number of samples and 
related materials that will be required for testing. Ordinarily a 5-
gallon sample of hydraulic fluid will be required provided that it is a 
finished product or, if in concentrate form, enough shall be furnished 
to make a 5-gallon sample when mixed with water or other vehicle 
according to the applicant's instructions. All samples and related 
materials required for testing must be delivered (charges prepaid) to 
Approval and Certification Center, RR 1, Box 251, Industrial Park Road, 
Triadelphia, WV 26059.

[Sched. 30, 24 FR 10201, Dec. 17, 1959, as amended at 43 FR 12317, Mar. 
24, 1978; 60 FR 35694, July 11, 1995; 68 FR 36422, June 17, 2003]



Sec. 35.7  Date for conducting tests.

    The date of acceptance of an application will determine the order of 
precedence for testing when more than one application is pending, and 
the applicant will be notified of the date on which tests will begin. 
However, not more than two fluids will be tested consecutively for one 
applicant provided other applications are pending. If a fluid fails to 
meet any of the requirements, it shall lose its order of precedence. If 
an application is submitted to resume testing after correction of the 
course of failure, it will be treated as a new application and the order 
of precedence for testing will be so determined.



Sec. 35.8  Conduct of investigations, tests, and demonstrations.

    Prior to the issuance of a certificate of approval, necessary 
Government personnel, representatives of the applicant, and such other 
persons as may be

[[Page 168]]

mutually agreed upon, may observe the investigations or tests. MSHA 
shall hold as confidential and shall not disclose features of this 
hydraulic fluid such as the chemical analysis, specifications, 
descriptions, and related material. After issuing a certificate of 
approval MSHA may conduct such public demonstrations and tests of the 
approved hydraulic fluid as it deems appropriate. The conduct of all 
investigations, tests, and demonstrations shall be under the direction 
and control of MSHA, and any other persons shall be present only as 
observers.

[Sched. 30, 24 FR 10201, Dec. 17, 1959, as amended at 39 FR 24005, June 
28, 1974]



Sec. 35.9  Certificates of approval.

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



Sec. 35.10  Approval labels or markings.

    (a) A certificate of approval will be accompanied by a photograph of 
a design for an approval label or marking, which shall bear the emblem 
of the Mine Safety and Health Administration and shall be inscribed 
substantially as follows:

               Permissible Fire-Resistant Hydraulic Fluid

MSHA Approval No._______________________________________________________
Issued to_______________________________________________________________
                                                     (Name of Applicant)

    (b) A label so inscribed shall be attached to each fluid container 
in such a manner that it cannot be easily removed or containers may be 
so marked with a metal stencil. The letters and numbers shall be at 
least \1/2\ inch in height and of a color which contrasts with that of 
the container.
    (c) For a concentrate the label or marking shall clearly indicate 
that the certification thereof applies only when the concentrate is used 
in exact conformance with the instructions on such label or marking. The 
label or marking shall clearly indicate the exact amount of water or 
other vehicle to make the fire-resistant hydraulic fluid upon which the 
certificate of approval was based.
    (d) Appropriate instructions and caution statements on the handling 
of the hydraulic fluid or concentrate shall be included on the approval 
label or marking.
    (e) Use of MSHA's approval label or marking obligates the applicant 
to whom the certificate of approval was granted to maintain the fire-
resistant characteristics of the hydraulic fluid and guarantees that it 
is manufactured according to the specifications upon which the 
certificate of approval was based. Use of the approval label or marking 
is not authorized except on containers of hydraulic fluids that conform 
strictly with the specifications and characteristics upon which the 
certificate of approval was based.

[Sched. 30, 24 FR 10201, Dec. 17, 1959, as amended at 43 FR 12317, Mar. 
24, 1978]



Sec. 35.11  Material required for record.

    MSHA may retain for record all or part of the material submitted for 
testing. Any material that MSHA does not require will be returned to the 
applicant at his expense upon receipt of his written request and 
shipping instructions not more than 6 months after the termination or 
completion of the tests. Thereafter MSHA will dispose of such surplus 
material as it deems appropriate.

[[Page 169]]



Sec. 35.12  Changes after certification.

    If an applicant desires to change any specification or 
characteristic of a certified hydraulic fluid, he shall first obtain 
MSHA's approval of the change, pursuant to the following procedures:
    (a)(1) Application shall be made, as for an original certificate of 
approval, requesting that the existing certification be extended to 
cover the proposed change. The application shall be accompanied by 
specifications and related material as in the case of an original 
application.
    (2) Where the applicant for approval has used an independent 
laboratory under part 6 of this chapter to perform, in whole or in part, 
the necessary testing and evaluation for approval of changes to an 
approved product under this part, the applicant must provide to MSHA as 
part of the approval application:
    (i) Written evidence of the laboratory's independence and current 
recognition by a laboratory accrediting organization;
    (ii) Complete technical explanation of how the product complies with 
each requirement in the applicable MSHA product approval requirements;
    (iii) Identification of components or features of the product that 
are critical to the safety of the product; and
    (iv) All documentation, including drawings and specifications, as 
submitted to the independent laboratory by the applicant and as required 
by this part.
    (b) The application and related material(s) will be examined by MSHA 
to determine whether testing of the modified hydraulic fluid will be 
required. Testing will be necessary if there is a possibility that the 
modification may affect adversely the performance characteristics of the 
fluid. MSHA will inform the applicant in writing whether such testing is 
required.
    (c) If the proposed modification meets the requirements of this 
part, a formal extension of certification will be issued, accompanied by 
a list of new and corrected specifications to be added to those already 
on file, as the basis for the extension of certification.

[Schedule 30, 24 FR 10201, Dec. 17, 1959, as amended at 52 FR 17515, May 
8, 1987; 68 FR 36422, June 17, 2003]



Sec. 35.13  Withdrawal of certification.

    MSHA reserves the right to rescind for cause, at any time, any 
certificate of approval granted under this part.



                       Subpart B_Test Requirements



Sec. 35.20  Autogenous-ignition temperature test.

    (a) Purpose. The purpose of this test, referred to hereinafter as 
the ignition-temperature test, is to determine the lowest autogenous-
ignition temperature of a hydraulic fluid at atmospheric pressure when 
using the syringe-injection method.
    (b) Description of apparatus--(1) Test flask. The test flask, which 
is heated and into which the test sample is injected, shall be a 
commercial 200 ml. borosilicate glass Erlenmeyer flask.
    (2) Thermocouples. Calibrated thermocouples--iron-constantan or 
chromelalumel--and a potentiometer shall be used for all temperature 
measurements.
    (3) Syringe. A hypodermic syringe (0.25 or 1 cc. capacity) equipped 
with a 2-inch No. 18 stainless steel needle and calibrated in hundredths 
of a cubic centimeter (0.01 cc.) shall be used to inject samples into 
the heated test flask.
    (4) Timer. An electric timer or stopwatch calibrated in not more 
than 0.2 second intervals shall be used to determine the time lag before 
ignition.
    Note: Time lag is the time that elapses between the instant of 
injection and that of ignition of the test sample, as evidenced by 
flame.
    (5) Furnace. The furnace in which the ignition-temperature test is 
conducted shall consist of a refractory (alundum or equivalent) cylinder 
5 inches in internal diameter and 5 inches in height; a transite-ring 
top and a transite-disk bottom, each of which is attached to a metal 
cylinder. The furnace is heated by three elements as follows: (i) A 
circumferential heater embedded in the refractory cylinder; (ii) a top 
or toroidal-neck heater that surrounds the neck of the test flask; and 
(iii) a flat base heater on which the test flask rests. The temperature 
of each heating element shall be controlled independently by an 
autotransformer. Means shall be provided for applying

[[Page 170]]

thermocouples at the neck, mid-section, and base of the test flask, 
which shall be inserted upright in the furnace.
    (c) Test procedures--(1) Temperature control. Each autotransformer 
shall be so adjusted that the temperature at the neck, mid-section, and 
base of the test flask is uniform within 2 [deg]F. 
of the desired test temperature.
    (2) Sample injection and timing. A 0.07 cc. test sample shall be 
injected into the heated test flask with the hypodermic syringe, and the 
syringe shall be withdrawn immediately. Measurement of time shall start 
at the instant the sample is injected.
    (3) Observations. (i) If flame does not result in 5 minutes or more 
after injection of the test sample, the sample shall be considered 
nonflammable at the test temperature, and the timer shall be stopped. 
The test flask shall then be flushed well with clean dry air and, after 
a lapse of 15 minutes or more, the test shall be repeated with the test 
flask temperature raised 50 [deg]F. 2 [deg]F. 
above the first test temperature.
    (ii) If ignition (flame) is observed in 5 minutes or less after the 
injection of the test sample (0.07 cc.), the time lag (time interval) 
shall be noted. After an ignition occurs the temperature of the test 
flask shall be reduced 5 [deg]F., and the test procedure repeated in 
decrements of 5 [deg]F. until ignition no longer occurs and this 
temperature shall be noted as the first nonignition test temperature for 
the 0.07 cc. sample.
    (iii) The temperature shall be increased 50 [deg]F. 2 [deg]F. above the first nonignition test temperature, 
and the ignition-temperature test procedure shall be repeated with a 
0.10 cc. test sample injected into the heated test flask.
    (iv) If the lowest temperature at which ignition occurs with the 
0.10 cc. sample (in decrements of 5 [deg]F.) is lower than that obtained 
with the 0.07 cc. sample, the ignition-temperature test procedure shall 
be repeated using a test sample of 0.12 cc., then 0.15 cc., and so on by 
increments of 0.03 cc. until the lowest ignition temperature is 
obtained.
    (v) If the lowest temperature at which ignition is obtained with the 
0.10 cc. sample is greater than that obtained with the 0.07 cc. sample, 
the ignition temperature test procedure shall be repeated by reducing 
the test sample to 0.05 cc. and then to 0.03 cc. until the lowest 
ignition temperature is obtained.
    (d) Appraisal of test. A fluid shall be considered fire-resistant, 
according to the test requirements of this section: Provided, That in no 
instance of the ignition-temperature test procedure, as stated in this 
section, shall the ignition temperature of the test sample be less than 
600 [deg]F.



Sec. 35.21  Temperature-pressure spray-ignition tests.

    (a) Purpose. The purpose of this test shall be to determine the 
flammability of a hydraulic fluid when it is sprayed over three 
different sources of ignition which are described in paragraph (b)(4) of 
this section.
    (b) Description of apparatus. (1) A 3-quart pressure vessel, with 
the necessary connections, valves, and heating elements, shall be used 
for containing and heating the fluid under the test conditions as 
specified hereinafter.
    (2) An atomizing round-spray nozzle, having a discharge orifice of 
0.025-inch diameter, capable of discharging 3.28 gallons of water per 
hour with a spray angle of 90 degrees at a pressure of 100 p.s.i., shall 
be connected to the pressure vessel.
    (3) A commercial pressurized cylinder, containing nitrogen with the 
customary regulators, valves, tubing, and connectors, shall be used to 
supply nitrogen to the pressure vessel described in paragraph (b) (1) of 
this section.
    (4) Three igniting devices shall provide three different sources of 
ignition as follows:
    (i) A metal trough with a metal cover in which cotton waste soaked 
in kerosene is ignited.
    (ii) An electric arcing device in which the arc is produced by a 
12,000-volt transformer.
    (iii) A propane torch--Bernzomatic or equivalent.
    (5) A means of measuring distances from the nozzle tip to the 
igniting device shall be provided.

[[Page 171]]

    (c) Test procedures. (1) A 2\1/2\-quart sample of the fluid shall be 
poured into the pressure vessel and heated to a temperature of 150 
[deg]F. The temperature shall be maintained at not less than 145 [deg]F. 
or not more than 155 [deg]F. during the test.
    (2) Nitrogen shall be introduced into the vessel at 150 p.s.i.g.
    (3) The fluid shall be sprayed at each igniting device, described in 
paragraph (b) (4) of this section, which is moved along the trajectory 
of the spray. Each igniting device shall be held in the spray at 
different distances from the nozzle tip for one minute or until the 
flame or arc is extinguished (if less than one minute) to determine this 
fire-resistant characteristic of the fluid.
    (d) Appraisal of tests. If the test procedures in paragraph (c) of 
this section do not result in an ignition of any sample of fluid or if 
an ignition of a sample does not result in flame propagation for a time 
interval not exceeding 6 seconds at a distance of 18 inches or more from 
the nozzle tip to the center of each igniting device, it shall be 
considered fire resistant, according to the test requirements of this 
section.



Sec. 35.22  Test to determine effect of evaporation on flammability.

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

[[Page 172]]

cleaner shall be soaked separately in the test sample for a period of 2 
minutes. Then the test procedure stated in paragraph (c) (3) of this 
section shall be repeated.
    (d) Appraisal of tests. To be determined as fire resistant according 
to the test requirements of this section, the three following results 
shall be achieved:
    (1) The average number of cycles before attaining a self-sustaining 
flame in the test described in paragraph (c) (3) of this section shall 
be 24 or more.
    (2) The average number of cycles before attaining a self-sustaining 
flame in the test described in paragraph (c) (4) of this section shall 
be 18 or more.
    (3) The average number of cycles before attaining a self-sustaining 
flame in the test described in paragraph (c) (5) of this section shall 
be 12 or more.



Sec. 35.23  Performance required for certification.

    To qualify as fire-resistant under the regulations of this part, a 
hydraulic fluid shall meet each performance requirement and stated in 
Sec. Sec. 35.20(d), 35.21(d), and 35.22(d).



PART 36_APPROVAL REQUIREMENTS FOR PERMISSIBLE MOBILE DIESEL-POWERED 
TRANSPORTATION EQUIPMENT--Table of Contents




                      Subpart A_General Provisions

Sec.
36.1 Purpose.
36.2 Definitions.
36.3 Consultation.
36.4 Mobile diesel-powered transportation equipment for which 
          certificates of approval may be granted.
36.5 Letters of certification.
36.6 Applications.
36.7 [Reserved]
36.8 Date for conducting tests.
36.9 Conduct of investigations, tests, and demonstrations.
36.10 Certificate of approval.
36.11 Approval plates.
36.12 Changes after certification.
36.13 Withdrawal of certification.

             Subpart B_Construction and Design Requirements

36.20 Quality of material, workmanship, and design.
36.21 Engine for equipment considered for certification.
36.22 Fuel-injection system.
36.23 Engine intake system.
36.24 Engine joints.
36.25 Engine exhaust system.
36.26 Composition of exhaust gas.
36.27 Fuel-supply system.
36.28 Signal or warning device.
36.29 Brakes.
36.30 Rerailing device.
36.31 Fire extinguisher.
36.32 Electrical components and systems.
36.33 Headlights and fixtures.

                       Subpart C_Test Requirements

36.40 Test site.
36.41 Testing methods.
36.42 Inspection.
36.43 Determination of exhaust-gas composition.
36.44 Maximum allowable fuel: air ratio.
36.45 Quantity of ventilating air.
36.46 Explosion tests of intake and exhaust systems.
36.47 Tests of exhaust-gas cooling system.
36.48 Tests of surface temperature of engine and components of the 
          cooling system.
36.49 Tests of exhaust-gas dilution system.
36.50 Tests of fuel tank.

    Authority: 30 U.S.C. 957, 961.

    Source: Schedule 31, 26 FR 645, Jan. 24, 1961, unless otherwise 
noted.



                      Subpart A_General Provisions



Sec. 36.1  Purpose.

    The regulations in this part set forth the requirements for mobile 
diesel-powered transportation equipment to procure their approval and 
certification as permissible; procedures for applying for such 
certification; and fees.

[61 FR 55525, Oct. 25, 1996]



Sec. 36.2  Definitions.

    The following definitions apply in this part.
    Applicant An individual, partnership, company, corporation, 
association, or other organization, that designs, manufactures, 
assembles, or controls the assembly and that seeks a certificate of 
approval or preliminary testing of mobile diesel-powered transportation 
equipment as permissible.
    Certificate of approval. A formal document issued by MSHA stating 
that the

[[Page 173]]

complete assembly has met the requirements of this part for mobile 
diesel-powered transportation equipment and authorizing the use and 
attachment of an official approval plate so indicating.
    Component. A piece, part, or fixture of mobile diesel-powered 
transportation equipment that is essential to its operation as a 
permissible assembly.
    Diesel engine. A compression-ignition, internal-combustion engine 
that utilizes diesel fuel.
    Explosion proof. A component or subassembly that is so constructed 
and protected by an enclosure and/or flame arrester (s) that if a 
flammable mixture of gas is ignited within the enclosure it will 
withstand the resultant pressure without damage to the enclosure and/or 
flame arrester(s). Also the enclosure and/or flame arrester(s) shall 
prevent the discharge of flame or ignition of any flammable mixture that 
surrounds the enclosure.
    Flame arrester. A device so constructed that flame or sparks from 
the diesel engine cannot propagate an explosion of a flammable mixture 
through it.
    Flammable mixture. A mixture of gas, such as methane, natural gas, 
or similar hydrocarbon gas with normal air, that will propagate flame or 
explode violently when initiated by an incendive source.
    Fuel-air ratio. The composition of the mixture of fuel and air in 
the combustion chamber of the diesel engine expressed as weight-pound of 
fuel per pound of air.
    MSHA. The United States Department of Labor, Mine Safety and Health 
Administration.
    Mobile diesel-powered transportation equipment. Equipment that is:
    (1) Used for transporting the product being mined or excavated, or 
for transporting materials and supplies used in mining or excavating 
operations;
    (2) Mounted on wheels or crawler treads (tracks); and
    (3) Powered by a diesel engine as the prime mover.
    Normal operation. When each component and the entire assembly of the 
mobile diesel-powered transportation equipment performs the functions 
for which they were designed.
    Permissible. As applied to mobile diesel-powered transportation 
equipment, this means that the complete assembly conforms to the 
requirements of this part, and that a certificate of approval to that 
effect has been issued.
    Subassembly. A group or combination of components.

[61 FR 55525, Oct. 25, 1996]



Sec. 36.3  Consultation.

    By appointment, applicants or their representatives may visit 
Approval and Certification Center, RR 1, Box 251, Industrial Park Road, 
Triadelphia, WV 26059, to discuss with qualified MSHA personnel proposed 
mobile diesel-powered transportation equipment to be submitted in 
accordance with the regulations of this part. No charge is made for such 
consultation and no written report thereof will be submitted to the 
applicant.

[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 43 FR 12318, Mar. 
24, 1978; 60 FR 35695, July 11, 1995]



Sec. 36.4  Mobile diesel-powered transportation equipment for which 
certificates of approval may be granted.

    Certificates of approval will be granted for completely assembled 
mobile diesel-powered transportation equipment only. Subassemblies or 
components may be granted letters of certification in accordance with 
Sec. 36.5.



Sec. 36.5  Letters of certification.

    When a component or subassembly meets all of the applicable 
requirements of Subparts B and C of this part, and also its normal 
operation will not be affected by connection to adjacent components or 
subassemblies, MSHA will issue to the applicant, upon his request, a 
letter of certification informing him that additional inspection or 
tests of the component or subassembly will not be required when it is 
incorporated without modification in a piece of completely assembled 
mobile

[[Page 174]]

diesel-powered transportation equipment. The applicant may cite this 
letter of certification to another applicant who seeks approval and 
certification of his completely assembled mobile diesel-powered 
transportation equipment and who desires to incorporate the component or 
subassembly in such equipment.



Sec. 36.6  Applications.

    (a)(1) No investigation or testing will be undertaken by MSHA except 
pursuant to a written application, accompanied by a check, bank draft, 
or money order, payable to the U.S. Mine Safety and Health 
Administration, to cover the fees; and all descriptions, specifications, 
test samples, and related materials. The application and all related 
matters and correspondence concerning it shall be sent to the Approval 
and Certification Center, Rural Route 1, Box 251, Industrial 
Park Road, Triadelphia, WV 26059.
    (2) Where the applicant for approval has used an independent 
laboratory under part 6 of this chapter to perform, in whole or in part, 
the necessary testing and evaluation for approval under this part, the 
applicant must provide to MSHA as part of the approval application:
    (i) Written evidence of the laboratory's independence and current 
recognition by a laboratory accrediting organization;
    (ii) Complete technical explanation of how the product complies with 
each requirement in the applicable MSHA product approval requirements;
    (iii) Identification of components or features of the product that 
are critical to the safety of the product; and
    (iv) All documentation, including drawings and specifications, as 
submitted to the independent laboratory by the applicant and as required 
by this part.
    (3) An applicant may request testing and evaluation to non-MSHA 
product safety standards which have been determined by MSHA to be 
equivalent, under Sec. 6.20 of this chapter, to MSHA's product approval 
requirements under this part.
    (b) Drawings, specifications, and descriptions shall be adequate in 
detail to identify fully the complete assembly, components, and 
subassemblies. Drawings, specifications, and descriptions shall include:
    (1) Assembly drawing(s) showing the overall dimensions of the 
equipment, location and capacity of the fuel tank, location of flame 
arresters, exhaust-gas conditioner and its water-supply tank, if 
applicable, exhaust-gas dilution system, and other details that are 
essential to the functioning of the equipment.
    (2) Except for equipment utilizing part 7, subpart F power packages, 
detailed drawings showing the intake, combustion, and exhaust systems of 
the diesel engine, including joints and gaskets; the turbulence or 
precombustion chamber, if applicable; injector assembly and nozzle 
details; and any surfaces that form the combustion chamber or part 
thereof, such as the cylinder head, piston and cylinder liner; and other 
features that may affect permissibility, such as exhaust-gas conditioner 
and flame arresters.
    (3) Except for equipment utilizing part 7, subpart F power packages, 
a schematic drawing of the fuel system showing piping, connections, fuel 
filters, fuel-injection pump, and mechanical governor assembly. All 
components shall be identified to permit adjustment, as necessary, and 
the location of seals or locks to prevent tampering shall be indicated.
    (4) Except for equipment utilizing part 7, subpart F power packages, 
drawing(s) specifying the kind of material and detailed dimensions of 
the components of explosion-proof enclosures, including joints and 
openings.
    (5) Drawing(s) showing the construction of headlights, battery 
boxes, including seals or locks, and method of mounting.
    (6) Other drawings, specifications, or descriptions identifying any 
feature that MSHA considers necessary for certification of the 
particular mobile diesel-powered transportation equipment.
    (c) Shipment of the mobile diesel-powered transportation equipment 
or component part or subassembly as the case may be, shall be deferred 
until MSHA has notified the applicant that the application will be 
accepted. Shipping instructions will be issued by

[[Page 175]]

MSHA and shipping charges shall be prepaid by the application. Upon 
completion of the investigation and notification thereof to the 
applicant by MSHA, the applicant shall remove his equipment promptly 
from the test site (see Sec. 36.40).
    (d) The application shall state that the equipment is completely 
developed and of the design and materials that the applicant believes to 
be suitable for a finished marketable product or is a completely 
developed component or subassembly suitable for incorporation in a 
finished marketable complete assembly of mobile diesel-powered 
transportation equipment. If the final design of a component depends 
upon results of MSHA's tests, this shall be so stated in the 
application.
    (e) For a complete investigation leading to approval and 
certification, the applicant shall furnish a complete operable assembly 
for inspecting and testing. Spare parts and expendable components, 
subject to wear in normal operation, shall be supplied by the applicant 
to permit continuous operation of the equipment during test periods. If 
special tools are necessary to disassembly any component for inspection 
or test, the applicant shall furnish these with the equipment to be 
tested.
    (f) With each application, the applicant shall submit evidence of 
how he proposes to inspect his completely assembled mobile diesel-
powered transportation equipment at the place of manufacture or assembly 
before shipment to purchasers. Ordinarily such inspection is recorded on 
a factory inspection form and the applicant shall furnish to MSHA a copy 
of his factory inspection form or equivalent with his application. The 
form shall direct attention to the points that must be checked to make 
certain that all components of the assembly are in proper condition, 
complete in all respects, and in agreement with the drawings, 
specifications, and descriptions filed with MSHA.
    (g) With the application, the applicant shall furnish to MSHA 
complete instructions for operating and servicing his equipment. After 
completing MSHA's investigation, if any revision of the instructions is 
required, a revised copy thereof shall be submitted to MSHA for 
inclusion with the drawings and specifications.

[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 43 FR 12318, Mar. 
24, 1978; 47 FR 14696, Apr. 6, 1982; 60 FR 33723, June 29, 1995; 60 FR 
35695, July 11, 1995; 61 FR 55526, Oct. 25, 1996; 68 FR 36422, June 17, 
2003]



Sec. 36.7  [Reserved]



Sec. 36.8  Date for conducting tests.

    The date for acceptance of an application will determine the order 
of precedence for testing when more than one application is pending, and 
the applicant will be notified of the date on which tests will begin. If 
a complete assembly, or component, or subassembly fails to meet any of 
the requirements, it shall lose its order of precedence. However, if the 
cause of failure is corrected, testing will be resumed after completing 
such test work as may be in progress.



Sec. 36.9  Conduct of investigations, tests, and demonstrations.

    (a) Prior to the issuance of a certificate of approval or a letter 
of certification, as the case may require, necessary Government 
personnel, representatives of the applicant, and such other persons as 
may be mutually agreed upon may observe the investigations or tests. 
MSHA shall hold as confidential and shall not disclose principles or 
patentable features prior to certification, nor shall it disclose any 
details of drawings, specifications, descriptions, or related materials. 
After the issuance of a certificate of approval, MSHA may conduct such 
public demonstrations and tests of the approved mobile diesel-powered 
transportation equipment as it deems appropriate. The conduct of all 
investigations, tests, and demonstrations shall be under the direction 
and control of MSHA, and any other persons shall be present only as 
observers, except as noted in paragraph (b) of this section.
    (b) When requested by MSHA, the applicant shall provide assistance 
in disassembling parts for inspection, preparing parts for testing, and 
operating equipment during the tests.

[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 39 FR 24006, June 
28, 1974; 61 FR 55526, Oct. 25, 1996]

[[Page 176]]



Sec. 36.10  Certificate of approval.

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



Sec. 36.11  Approval plates.

    (a) A certificate of approval will be accompanied by a photograph of 
an approval plate, bearing the emblem of the Mine Safety and Health 
Administration and spaces for the approval number, the type, the serial 
number, and ventilation requirement; the name of the complete assembly; 
and the name of the applicant.
    (b) The applicant shall reproduce the design as a separate plate, 
which shall be attached, in a suitable place, on each complete assembly 
to which it relates. The size, type, and method of attaching and 
location of an approval plate are subject to MSHA's approval. The method 
of affixing the approval plate shall not impair the permissibility 
(explosion-proof) features of the complete assembly of mobile diesel-
powered transportation equipment.
    (c) The approval plate identifies the equipment, to which it is 
attached, as permissible and is the applicant's guarantee that the 
equipment complies with the requirements of this part. Without an 
approval plate no equipment is considered permissible under the 
provisions of this part.
    (d) Use of the approval plate obligates the applicant to whom the 
certificate of approval was granted to maintain in his plant the quality 
of each complete assembly bearing it and guarantees that it is 
manufactured and assembled according to the drawings, specifications, 
and descriptions upon which a certificate of approval was based.

[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 43 FR 12318, Mar. 
24, 1978]



Sec. 36.12  Changes after certification.

    If an applicant desires to change any feature of certified 
equipment, he shall first obtain MSHA's approval of the change, pursuant 
to the following procedure:
    (a)(1) Application shall be made, as for an original certificate of 
approval, requesting that the existing certification be extended to 
cover the proposed change. The application shall be accompanied by 
specifications and related material as in the case of an original 
application.
    (2) Where the applicant for approval has used an independent 
laboratory under part 6 of this chapter to perform, in whole or in part, 
the necessary testing and evaluation for approval of changes to an 
approved product under this part, the applicant must provide to MSHA as 
part of the approval application:
    (i) Written evidence of the laboratory's independence and current 
recognition by a laboratory accrediting organization;
    (ii) Complete technical explanation of how the product complies with 
each requirement in the applicable MSHA product approval requirements;
    (iii) Identification of components or features of the product that 
are critical to the safety of the product; and

[[Page 177]]

    (iv) All documentation, including drawings and specifications, as 
submitted to the independent laboratory by the applicant and as required 
by this part.
    (b) The application will be examined by MSHA to determine whether 
inspection and testing of the modified equipment or component or 
subassembly will be required. Testing will be necessary if there is a 
possibility that the modification may affect adversely the performance 
of the equipment. MSHA will inform the applicant whether such testing is 
required and the component, subassembly, and related material to be 
submitted for that purpose.
    (c) If the proposed modification meets the requirements of this 
part, a formal extension of certification will be issued, accompanied by 
a list of new and corrected drawings and specifications to be added to 
those already on file as the basis for the extension of certification.

[Schedule 31, 26 FR 645, Jan. 24, 1961, as amended at 52 FR 17516, May 
8, 1987; 68 FR 36423, June 17, 2003]



Sec. 36.13  Withdrawal of certification.

    MSHA reserves the right to rescind for cause any certificate of 
approval granted under this part.



             Subpart B_Construction and Design Requirements



Sec. 36.20  Quality of material, workmanship, and design.

    (a) MSHA will test only equipment that in the opinion of its 
qualified representatives is constructed of suitable materials, is of 
good quality workmanship, based on sound engineering principles, and is 
safe for its intended use. Since all possible designs, arrangements, or 
combinations of components and materials cannot be foreseen, MSHA 
reserves the right to modify the construction and design requirements of 
subassemblies or components and tests thereof to obtain the same degree 
of protection as provided by the tests described in Subpart C of this 
part.
    (b) The quality of material, workmanship, and design shall conform 
to the requirements of Sec. 7.98(q) of this chapter.
    (c) Power packages approved under part 7, subpart F of this chapter 
are considered to be acceptable for use in equipment submitted for 
approval under this part. Sections 36.21 through 36.26 (except Sec. 
36.25(f)) and Sec. Sec. 36.43 through 36.48 are not applicable to 
equipment utilizing part 7, subpart F power packages, since these 
requirements have already been satisfied.

[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 61 FR 55526, Oct. 
25, 1996]



Sec. 36.21  Engine for equipment considered for certification.

    Only equipment powered by a compression-ignition (diesel) engine and 
burning diesel fuel will be considered for approval and certification. 
The starting mechanism shall be actuated pneumatically, hydraulically, 
or by other methods acceptable to MSHA. Electric starting shall not be 
accepted. Engines burning other fuels or utilizing volatile fuel 
starting aids will not be investigated.

[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 61 FR 55526, Oct. 
25, 1996]



Sec. 36.22  Fuel-injection system.

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



Sec. 36.23  Engine intake system.

    (a) Construction. The intake system (exclusive of the air cleaner) 
shall be designed to withstand an internal pressure equal to 4 times the 
maximum pressure observed in explosion tests, which are described in 
Sec. 36.46, or a pressure of 125 pounds per square inch,

[[Page 178]]

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



Sec. 36.24  Engine joints.

    (a) Cylinder head. The joint between the cylinder head and block of 
the engine shall be fitted with a metal or metal-clad gasket 
satisfactory to MSHA held securely in position by through bolts or other 
suitable means to prevent a change in alignment. This joint shall 
provide an adequate flame barrier with the gasket in place.
    (b) Valve guides. Valve guides shall be long enough to form an 
adequate flame barrier along the valve stem.
    (c) Gaskets. All metal or metal-clad gaskets shall maintain their 
tightness during repeated explosions within the engine and its intake 
and exhaust systems to prevent the propagation of flame.



Sec. 36.25  Engine exhaust system.

    (a) Construction. The exhaust system of the engine shall be designed 
to withstand an internal pressure equal to 4 times the maximum pressure 
observed in explosion tests, which are described in Sec. 36.46, or a 
pressure of 125 pounds per square inch, whichever is the lesser. The 
system shall withstand repeated internal explosions without permanent 
deformation or deterioration.
    (b) Exhaust flame arrester. (1) The exhaust system of the engine 
shall be provided with a flame arrester to prevent propagation of flame 
or discharge of heated particles to a surrounding

[[Page 179]]

flammable mixture. The flame arrester shall be so positioned that only 
cooled exhaust gas will discharge through it and shall be so designed 
and attached that it can be removed for inspecting, cleaning, or 
repairing. Its construction shall be such that it can be cleaned 
readily. The flame arrester shall be of rugged construction to withstand 
the effects of repeated explosions within the exhaust system, and the 
material of construction shall resist deterioration in service. It shall 
be so mounted in the equipment assembly that it is protected from 
accidental external damage.
    (2) A spaced-plate flame arrester for the exhaust system shall meet 
the same requirements as flame arresters for the intake system (see 
Sec. 36.23(b)(2)).
    (3) In lieu of a space-place flame arrester, an exhaust-gas cooling 
box or conditioner may be used as the exhaust flame arrester provided 
that explosion tests demonstrate that the cooling box will arrest flame. 
When used as a flame arrester the cooling box shall be equipped with a 
device to shut off automatically the fuel supply to the engine at a safe 
minimum water level. A cooling box used as a flame arrester shall 
withstand repeated explosion tests without permanent deformation. It 
shall be constructed of material, satisfactory to MSHA, that will resist 
deterioration in service.
    (c) Exhaust cooling system. (1) A cooling system shall be provided 
for the engine exhaust gas. The heat-dissipation capacity shall be 
capable of reducing the temperature of the undiluted exhaust gas to less 
than 170 [deg]F. at the point of discharge from the cooling system under 
any condition of engine operation acceptable to MSHA. A device shall be 
provided that will automatically shut off the fuel supply to the engine 
immediately if the temperature of the exhaust gas exceeds 185 [deg]F. at 
the point of discharge from the cooling system. Provision shall be made, 
acceptable to MSHA, to prevent restarting the engine after the fuel 
supply has been shut off automatically until the water supply in the 
cooling box has been replenished. When the cooling box is used as a 
flame arrester, one safety device may be accepted provided it controls a 
safe minimum water level in the cooling box and also prevents the final 
exhaust temperature from exceeding 185 [deg]F.
    (2) Cooling shall be obtained by passing the exhaust gas through 
water or a dilute aqueous chemical solution held in a cooling box or 
conditioner, or by a spray of water or a dilute aqueous chemical 
solution that will enter the exhaust system near the outlet of the 
exhaust manifold, or a combination of the two methods. When a spray is 
used it shall be provided with a filtering device to protect the nozzle 
from clogging. Provisions shall be made for draining and cleaning all 
parts of the exhaust cooling system. Openings for draining and cleaning 
shall be closed and sealed or locked by a method satisfactory to MSHA.
    (3) The cooling system shall be constructed of corrosion-resistant 
metal suitable for the intended application.
    (4) The cooling system shall store enough water or aqueous solution 
to permit operation of the engine at one-third load factor for eight 
hours. The minimum quantity of usable water or aqueous solution 
available for cooling shall equal the consumption for one hour with the 
engine operating at maximum load and speed multiplied by 8 and this 
product divided by 3.
    (d) Surface temperature of engine and exhaust system. (1) The 
temperature of any external surface of the engine or exhaust system 
shall not exceed 400 [deg]F. under any condition of engine operation 
prescribed by MSHA. Water-jacketed components shall have integral 
jackets and provision shall be made for positive circulation of water in 
the jackets and to automatically shut off the engine when the 
temperature in the cooling jacket(s) exceeds 212 [deg]F. Insulated 
coverings to control surface temperature are not acceptable.
    (2) When a spray is used to reduce the temperature of the exhaust 
gas, it shall be located as near as practicable to the outlet of the 
exhaust manifold.
    (3) Exterior surfaces of the exhaust system shall be designed to 
minimize accumulation and lodgement of dust or combustible substances 
and to permit ready access for cleaning.
    (e) Tightness of exhaust system. All joints in the exhaust system 
shall be tight to prevent the flow of exhaust gas

[[Page 180]]

through them under any condition of engine operation prescribed by MSHA. 
A tight system shall be obtained by the use of ground joints, or thin 
metal or metal-clad gaskets. All such joints shall be fitted with 
adequate through bolts and all gaskets shall be aligned and held firmly 
in position by the bolts or other suitable means. Such joints shall 
remain tight to prevent passage of flame or propagation of repeated 
internal explosions to a surrounding flammable mixture.
    (f) Dilution of exhaust gas. (1) Provision shall be made to dilute 
the exhaust gas with and before it is discharged into the surrounding 
atmosphere. The discharged exhaust gas shall be so diluted with air that 
the mixture shall not contain more than 0.5 percent, by volume, of 
carbon dioxide; 0.01 percent, by volume, of carbon monoxide; 0.0025 
percent, by volume, of oxides of nitrogen (calculated as equivalent 
nitrogen dioxide); or 0.0010 percent, by volume, of aldehydes 
(calculated as equivalent formaldehyde) under any condition of engine 
operation prescribed by MSHA.
    (2) The final diluted exhaust mixture shall be discharged in such a 
manner that it is directed away from the operator's compartment and also 
away from the breathing zones of persons required to be alongside the 
equipment.
    (g) Pressure-gage connection. A connection shall be provided in the 
exhaust system for convenient, temporary attachment of a pressure gage 
at a point suitable for measuring the total back pressure in the system. 
The connection also shall be suitable for temporary attachment of gas-
sampling equipment to the exhaust system. This opening shall be closed 
by a plug or other suitable device that is sealed or locked in place 
except when a gage or sampling tube is attached.



Sec. 36.26  Composition of exhaust gas.

    (a) Preliminary engine adjustment. The engine shall be submitted to 
MSHA by the applicant in such condition that it can be tested 
immediately at full load and speed. The preliminary liquid-fuel-
injection rate shall be such that the exhaust will not contain black 
smoke and the applicant shall adjust the injection rate promptly to 
correct any adverse conditions disclosed by preliminary tests.
    (b) Final engine adjustment. The liquid fuel supply to the engine 
shall be adjusted so that the undiluted exhaust gas shall contain not 
more than 0.30 percent, by volume, of carbon monoxide or 0.20 percent, 
by volume, of oxides of nitrogen (calculated as equivalent nitrogen 
dioxide, NO2) under any conditions of engine operation 
prescribed by MSHA when the intake air mixture to the engine contains 
1.50.1 percent, by volume, of Pittsburgh natural 
gas. \3\
---------------------------------------------------------------------------

    \3\ Investigation has shown that for practical purposes, Pittsburgh 
natural gas (containing a high percentage of methane) is a satisfactory 
substitute for pure methane in these tests.
---------------------------------------------------------------------------

    (c) Coupling or adapter. The applicant shall provide the coupling or 
adapter for connecting the engine to MSHA's dynamometer.
    Note: Preferably this coupling or adapter should be attached to the 
flywheel of the engine.

Clutches, transmissions, or torque converters ordinarily are not 
required in the coupling train.



Sec. 36.27  Fuel-supply system.

    (a) Fuel tank. (1) The fuel tank shall not leak and shall be 
fabricated of metal at least \1/16\ inch thick, welded at all seams, 
except that tanks of 5 gallons or less capacity may have thinner walls 
which shall be preformed or reinforced to provide good resistance to 
deflection. A drain plug (not a valve or petcock) shall be provided and 
locked in position. A vent opening shall be provided in the fuel filler 
cap of such design that atmospheric pressure is maintained inside the 
tank. The size of the vent opening shall be restricted to prevent fuel 
from splashing through it. The filler opening shall be so arranged that 
fuel can be added only through a self-closing valve at least 1 foot from 
the exhaust manifold of the engine, preferably below it. The self-
closing valve shall constitute a fuel-tight closure when fuel is not 
being added. Any part of the self-closing valve that might become 
detached during the addition of fuel shall be secured to the

[[Page 181]]

tank by a chain or other fastening to prevent loss.
    (2) The fuel tank shall have a definite position in the equipment 
assembly, and no provision shall be made for attachment of separate or 
auxiliary fuel tanks.
    (3) Capacity of the fuel tank shall not exceed the amount of fuel 
necessary to operate the engine continuously at full load for 
approximately four hours.
    (b) Fuel lines. All fuel lines shall be installed to protect them 
against damage in ordinary use and they shall be designed, fabricated, 
and secured to resist breakage from vibration.
    (c) Valve in fuel line. A shutoff valve shall be provided in the 
fuel system, installed in a manner acceptable to MSHA.
    Note: This shutoff valve is in addition to the normal shutoff 
provided in the fuel-injection system and also in addition to the air-
shutoff valve.



Sec. 36.28  Signal or warning device.

    All mobile diesel-powered transportation equipment shall be provided 
with a bell, horn, or other suitable warning device convenient to the 
operator. Warning devices shall be operated manually or pneumatically.



Sec. 36.29  Brakes.

    All mobile diesel-powered transportation equipment shall be equipped 
with adequate brakes acceptable to MSHA.



Sec. 36.30  Rerailing device.

    All mobile diesel-powered transportation equipment designed to 
travel on rails in haulage service shall carry a suitable rerailing 
device.



Sec. 36.31  Fire extinguisher.

    Each unit of mobile diesel-powered transportation equipment shall be 
fitted with a fire extinguisher carried in a location easily accessible 
to the operator and protected by position from external damage. Liquid 
carbon dioxide extinguishers shall contain an active charge of not less 
than 4 pounds. Pressurized dry chemical extinguishers shall contain an 
active charge of not less than 2\1/2\ pounds.



Sec. 36.32  Electrical components and systems.

    (a) Electrical components on mobile diesel-powered transportation 
equipment shall be certified or approved under Part 18, 20 or 27 of this 
chapter, as applicable, and shall bear the certification number assigned 
by MSHA.
    (b) Electrical systems on mobile diesel-powered transportation 
equipment shall meet the requirements of Part 18 or 27 of this chapter, 
as applicable.

[47 FR 11372, Mar. 16, 1982]



Sec. 36.33  Headlights and fixtures.

    (a) Headlights and lighting fixtures on mobile diesel-powered 
transportation equipment shall be protected from external damage by 
recessing them in the equipment frame, enclosing them within a shield of 
substantial construction, or by any other method that provides 
equivalent protection.
    (b) Mobile diesel-powered transportation equipment shall be equipped 
with at least one headlight on each end.

[47 FR 11372, Mar. 16, 1982]



                       Subpart C_Test Requirements



Sec. 36.40  Test site.

    Tests shall be conducted at MSHA's Diesel Testing Laboratory or 
other appropriate place(s) determined by MSHA.

[39 FR 24006, June 28, 1974, as amended at 43 FR 12318, Mar. 24, 1978]



Sec. 36.41  Testing methods.

    Mobile diesel-powered transportation equipment submitted for 
certification and approval shall be tested to determine its combustion, 
explosion-proof, and other safety characteristics. MSHA shall prescribe 
the tests and reserves the right to modify the procedure(s) to attain 
these objectives (see Sec. 36.20).



Sec. 36.42  Inspection.

    A detailed inspection shall be made of the equipment and all 
components and features related to safety in operation. The inspection 
shall include:
    (a) Investigating the materials, workmanship, and design to 
determine their adequacy.

[[Page 182]]

    (b) Checking the parts and assemblies against the drawings and 
specifications with respect to materials, dimensions, and locations to 
verify their conformance.
    (c) Inspecting and measuring joints, flanges, and other possible 
flame paths in the intake and exhaust systems to determine whether they 
will prevent the issuance of flame or propagation of an internal 
explosion.
    (d) Inspecting and measuring flame arresters to determine whether 
they will prevent the issuance of flame or propagation of an internal 
explosion.



Sec. 36.43  Determination of exhaust-gas composition.

    (a) Samples shall be taken to determine the composition of the 
exhaust gas while the engine is operated at loads and speeds prescribed 
by MSHA to determine the volume of air (ventilation) required to dilute 
the exhaust gas (see Sec. 36.45). The engine shall be at temperature 
equilibrium before exhaust-gas samples are collected or other test data 
are observed. At all test conditions the intake mixture shall contain 
1.50.1 percent, by volume, of Pittsburgh natural 
gas (see footnote 3) in the air. Test observations shall include the 
rate of fuel consumption, pressures, temperatures, and other data 
significant in the safe operation of diesel equipment.
    (b) Exhaust-gas samples shall be analyzed for carbon dioxide, 
oxygen, carbon monoxide, hydrogen, methane, nitrogen, oxides of 
nitrogen, and aldehydes, or any other constituent prescribed by MSHA.
    (c) The intake and exhaust systems shall be complete with all 
component equipment such as air cleaners, flame arresters, and exhaust 
cooling systems. The performance of component equipment shall be 
observed to determine whether it functions properly.

[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 61 FR 55526, Oct. 
25, 1996]



Sec. 36.44  Maximum allowable fuel : air ratio.

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



Sec. 36.45  Quantity of ventilating air.

    (a) Results of the engine tests shall be used to calculate 
ventilation (cubic feet of air per minute) that shall be supplied by 
positive air movement when the permissible mobile diesel-powered 
transportation equipment is used underground. This quantity shall be 
stamped on the approval plate. The quantity so determined shall apply 
when only one machine is operated.
    (b) Determination of the ventilation rate shall be based upon 
dilution of the exhaust gas with normal air. The most undesirable and 
hazardous condition of engine operation prescribed by MSHA shall be used 
in the calculations. The concentration of any of the following 
individual constituents in the diluted mixture shall not exceed:

0.25 percent, by volume, of carbon dioxide (CO2).

[[Page 183]]

0.005 percent, by volume, of carbon monoxide (CO).
0.00125 percent, by volume, of oxides of nitrogen (calculated as 
equivalent nitrogen dioxide, NO2).


The oxygen (O2) content of the diluted mixture shall be not 
less than 20 percent, by volume. The maximum quantity of normal air to 
produce the above dilution shall be designated the ventilation rate.

    Note: This ventilation rate will provide a factor of safety for 
exposure of persons to air mixtures containing harmful or objectionable 
gases and for minor variations in engine performance.



Sec. 36.46  Explosion tests of intake and exhaust systems.

    (a) Explosion tests to determine the strength of the intake and 
exhaust systems to withstand internal explosions and the adequacy of the 
flame arresters to prevent the propagation of an explosion shall be made 
with the systems connected to the engine or the systems simulated as 
connected to the engine. The system shall be filled with and surrounded 
by an explosive natural gas-air mixture. The mixture within the intake 
and exhaust systems shall be ignited by suitable means and the internal 
pressure developed by the resultant explosion shall be determined. Tests 
shall be conducted with the ignition source in several different 
locations to determine the maximum pressure developed by an internal 
explosion.
    (b) Explosion tests shall be made with the engine at rest and with 
the flammable natural gas-air mixtures in the intake and exhaust 
systems. In other tests with the flammable mixture in motion, the engine 
shall be driven (externally) at speeds prescribed by MSHA but no liquid 
fuel shall be supplied to the injection valves.
    (c) The temperature of the flame arresters in the intake or exhaust 
systems shall not exceed 212 [deg]F. when an explosion test is 
conducted. Any water-spray cooling for the exhaust system shall not be 
operated and water shall not be present in the exhaust cooling boxes 
except when water is the cooling agent for a cooling box designed to act 
as a flame arrester, in which case MSHA will prescribe the test 
conditions.
    (d) The explosion tests of the intake and exhaust systems shall not 
result in:
    (1) Discharge of visible flame from any joint or opening.
    (2) Ignition of surrounding flammable gas-air mixture.
    (3) Development of dangerous afterburning. \4\
---------------------------------------------------------------------------

    \4\ The term ``afterburning'' as used in this part is applied to 
combustion of a flammable gas-air mixture drawn into the system under 
test by the cooling of the products from an explosion in the system.
---------------------------------------------------------------------------

    (4) Excessive pressures.



Sec. 36.47  Tests of exhaust-gas cooling system.

    (a) The adequacy of the exhaust-gas cooling system and its 
components shall be determined with the engine operating at the maximum 
allowable liquid fuel rate and governed speed with 0.50.1 percent, by volume, of natural gas in the intake air 
mixture. All parts of the engine and exhaust-gas cooling system shall be 
at their respective equilibrium temperatures. The cooling spray, if any, 
shall be operated, and all compartments designed to hold cooling water 
shall be filled with the quantity of water recommended by the applicant. 
No cooling air shall be circulated over the engine or components in the 
cooling system during the test.
    (b) Determinations shall be made during the test to establish the 
cooling performance of the system, the cooling water consumption, high-
water level when the system sprays excess water, and low-water level 
when the cooling system fails.
    (c) The final exhaust-gas temperature at discharge from the cooling 
system, and before the exhaust gas is diluted with air, shall not exceed 
170 [deg]F. or the temperature of adiabatic saturation, if this 
temperature is lower.
    (d) Water consumed in cooling the exhaust gas under the test 
conditions shall not exceed by more than 15 percent that required for 
adiabatic saturation of the exhaust-gas at the final temperature. Water 
in excess of that required for adiabatic saturation shall be considered 
as entrained water. Enough water shall be available in the cooling 
system or in reserve supply

[[Page 184]]

compartments for sustained satisfactory operation for at least 2\2/3\ 
hours under the test conditions.
    Note: This amount is enough to cool the exhaust for an 8-hour shift 
at one-third load factor.
    (e) The adequacy of the automatic fuel shutoff actuated by the 
temperature of the final exhaust shall be determined with the engine 
operating under test conditions by withdrawing water until the cooling 
system fails to function. The final exhaust-gas temperature at which the 
liquid fuel to the engine is automatically shut off shall be noted. This 
temperaure shall not exceed 185 [deg]F.
    (f) Following the automatic fuel shutoff test in paragraph (e) of 
this section, the temperature of the control point shall be allowed to 
fall to 170 [deg]F. At this temperature and with the water replenished 
in the cooling system, it shall be possible to start the engine.
    Note: If the cooling system includes a reserve supply water tank, 
the line or lines connecting it to the cooling compartment may require a 
suitable flame arrester.
    (g) The effectiveness of the automatic engine shut-off, which will 
operate when the water in the cooling jacket(s) exceeds 212 [deg]F., 
shall be determined by causing the jacket temperature to exceed 212 
[deg]F.



Sec. 36.48  Tests of surface temperature of engine and components of 
the cooling system.

    (a) The surface temperatures of the engine, exhaust cooling system, 
and other components subject to heating by engine operation shall be 
determined with the engine operated as prescribed by MSHA. All parts of 
the engine, cooling system, and other components shall have reached 
their respective equilibrium temperatures. The exhaust cooling system 
shall be operated, but air shall not be circulated over the engine or 
components. Surface temperatures shall be measured at various places 
prescribed by MSHA to determine where maximum temperatures develop.
    (b) The temperature of any surface shall not exceed 400 [deg]F.
    Note to Sec. 36.48: The engine may be operated under test 
conditions prescribed by MSHA while completely surrounded by a flammable 
mixture. MSHA reserves the right to apply combustible materials to any 
surface for test. Operation under such conditions shall not ignite the 
flammable mixture.

[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 61 FR 55526, Oct. 
25, 1996]



Sec. 36.49  Tests of exhaust-gas dilution system.

    The performance and adequacy of the exhaust-gas dilution system 
shall be determined in tests of the complete equipment. The engine, at 
temperature equilibrium, shall be operated in normal air as prescribed 
by MSHA. Samples of the undiluted exhaust gas and of the diluted exhaust 
gas, at location(s) prescribed by MSHA, shall be considered with the 
data obtained from the engine test (see Sec. 36.43) to determine that 
the concentrations of carbon dioxide, carbon monoxide, oxides of 
nitrogen, and aldehydes in the diluted exhaust shall be below the 
required concentrations specified in Sec. 36.25(f)(1).



Sec. 36.50  Tests of fuel tank.

    The fuel tank shall be inspected and tested to determine whether: 
(a) It is fuel-tight, (b) the vent maintains atmospheric pressure within 
the tank, and (c) the vent and closure restrict the outflow of liquid 
fuel.



                       SUBCHAPTERS C-F [RESERVED]



[[Page 185]]



        SUBCHAPTER G_FILING AND OTHER ADMINISTRATIVE REQUIREMENTS





PART 40_REPRESENTATIVE OF MINERS--Table of Contents




Sec.
40.1 Definitions.
40.2 Requirements.
40.3 Filing procedures.
40.4 Posting at mine.
40.5 Termination of designation as representative of miners.

    Authority: Secs. 5(f)(1), 101(c) and (e), 103(c), (f), (g)(1) and 
(g)(2), 104(c), 105(a), (b)(1), (c)(1), (c)(2), (c)(3), and (d), 
107(b)(1) and (e)(1), 109(b), 115(a)(1) and (a)(2), 302(a), 305(b), 
312(b), 505 and 508, Federal Mine Safety and Health Act of 1977, Pub. L. 
91-173 as amended by Pub. L. 95-164, 83 Stat. 745, 91 Stat. 1294, 1295, 
1298, 1299, 1301, 1303, 1304, 1305, 1308, 1310 and 1316, 83 Stat. 766, 
777, 785, 802, and 803 (30 U.S.C. 804(f)(1), 811(c) and (e), 813(c), 
(f), (g)(1) and (g)(2), 814(c), 815(a), (b)(1), (c)(1), (c)(2), (c)(3) 
and (d), 817(b)(1) and (e)(1), 819(b), 825(a)(1) and (a)(2), 862(a), 
865(b), 872(b), 954 and 957); sec. 307, Federal Mine Safety and Health 
Amendments Act of 1977, Pub. L. 95-164, 91 Stat. 1322 (30 U.S.C. 801 
note).

    Source: 43 FR 29509, July 7, 1978, unless otherwise noted.



Sec. 40.1  Definitions.

    As used in this Part 40:
    (a) Act means the Federal Mine Safety and Health Act of 1977.
    (b) Representative of miners means:
    (1) Any person or organization which represents two or more miners 
at a coal or other mine for the purposes of the Act, and
    (2) Representatives authorized by the miners, miners or their 
representative, authorized miner representative, and other similar terms 
as they appear in the Act.



Sec. 40.2  Requirements.

    (a) A representative of miners shall file with the Mine Safety and 
Health Administration District Manager for the district in which the 
mine is located the information required by Sec. 40.3 of this part. 
Concurrently, a copy of this information shall be provided to the 
operator of the mine by the representative of miners.
    (b) Miners or their representative organization may appoint or 
designate different persons to represent them under various sections of 
the act relating to representatives of miners.
    (c) All information filed pursuant to this part shall be maintained 
by the appropriate Mine Safety and Health Administration District Office 
and shall be made available for public inspection.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[43 FR 29509, July 7, 1978, as amended at 47 FR 14696, Apr. 6, 1982; 60 
FR 33722, June 29, 1995]



Sec. 40.3  Filing procedures.

    (a) The following information shall be filed by a representative of 
miners with the appropriate District Manager, with copies to the 
operators of the affected mines. This information shall be kept current:
    (1) The name, address, and telephone number of the representative of 
miners. If the representative is an organization, the name, address, and 
telephone number of the organization and the title of the official or 
position, who is to serve as the representative and his or her telephone 
number.
    (2) The name and address of the operator of the mine where the 
represented miners work and the name, address, and Mine Safety and 
Health Administration identification number, if known, of the mine.
    (3) A copy of the document evidencing the designation of the 
representative of miners.
    (4) A statement that the person or position named as the 
representative of miners is the representative for all purposes of the 
Act; or if the representative's authority is limited, a statement of the 
limitation.
    (5) The names, addresses, and telephone numbers, of any 
representative to serve in his absence.
    (6) A statement that copies of all information filed pursuant to 
this section have been delivered to the operator of the affected mine, 
prior to or concurrently with the filing of this statement.

[[Page 186]]

    (7) A statement certifying that all information filed is true and 
correct followed by the signature of the representative of miners.
    (b) The representative of miners shall be responsible for ensuring 
that the appropriate District Manager and operator have received all of 
the information required by this part and informing such District 
Manager and operator of any subsequent changes in the information.



Sec. 40.4  Posting at mine.

    A copy of the information provided the operator pursuant to Sec. 
40.3 of this part shall be posted upon receipt by the operator on the 
mine bulletin board and maintained in a current status.



Sec. 40.5  Termination of designation as representative of miners.

    (a) A representative of miners who becomes unable to comply with the 
requirements of this part shall file a statement with the appropriate 
District Manager terminating his or her designation.
    (b) The Mine Safety and Health Administration shall terminate and 
remove from its files all designations of representatives of miners 
which have been terminated pursuant to paragraph (a) of this section or 
which are not in compliance with the requirements of this part. The Mine 
Safety and Health Administration shall notify the operator of such 
termination.



PART 41_NOTIFICATION OF LEGAL IDENTITY--Table of Contents




                          Subpart A_Definitions

Sec.
41.1 Definitions.

                Subpart B_Notification of Legal Identity

41.10 Scope.
41.11 Notification by operator.
41.12 Changes; notification by operator.
41.13 Failure to notify.

Subpart C_Operator's Report to the Mine Safety and Health Administration

41.20 Legal identity report.
41.30 Address of record and telephone number.

    Authority: Secs. 103(h), 109(d) and 508, Federal Mine Safety and 
Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 
Stat. 1299 and 1310, 83 Stat. 803 (30 U.S.C. 813(h), 819(d) and 957); 
sec. 307, Federal Mine Safety and Health Amendments Act of 1977, Pub. L. 
95-164, 91 Stat. 1322 (30 U.S.C. 801 note).

    Source: 43 FR 29512, July 7, 1978, unless otherwise noted.



                          Subpart A_Definitions



Sec. 41.1  Definitions.

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

[[Page 187]]



                Subpart B_Notification of Legal Identity



Sec. 41.10  Scope.

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



Sec. 41.11  Notification by operator.

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

[[Page 188]]

other mines in which any corporate officer has a 20 percent or greater 
ownership interest.
    (e) If the operator is any organization other than a sole 
proprietorship, partnership, or corporation, the operator shall state: 
(1) The nature and type, or legal identity of the organization; (2) the 
name and address of the mine and the Federal mine identification number; 
(3) the name and address of the person at the mine in charge of health 
and safety; (4) the name and address of the person with overall 
responsibility for a health and safety program at all of the operator's 
mines, if the operator is not directly involved in the daily operation 
of the mine; (5) the Federal mine identification numbers of all other 
mines in which the organization has a 20 percent or greater ownership 
interest; (6) the full name, address of record and telephone number of 
the organization; (7) the name and address of each individual who has an 
ownership interest in the organization; (8) the name and address of the 
principal organization officials or members; and (9) the Federal mine 
identification numbers of all other mines in which any official or 
member has a 20 percent or greater ownership interest.



Sec. 41.12  Changes; notification by operator.

    Within 30 days after the occurrence of any change in the information 
required by Sec. 41.11, the operator of a coal or other mine shall, in 
writing, notify the appropriate district manager of the Mine Safety and 
Health Administration in the district in which the mine is located of 
such change.



Sec. 41.13  Failure to notify.

    Failure of the operator to notify the Mine Safety and Health 
Administration, in writing, of the legal identity of the operator or any 
changes thereof within the time required under this part will be 
considered to be a violation of section 109(d) of the Act and shall be 
subject to penalties as provided in section 110 of the Act.



Subpart C_Operator's Report to the Mine Safety and Health Administration



Sec. 41.20  Legal identity report.

    Each operator of a coal or other mine shall file notification of 
legal identity and every change thereof with the appropriate district 
manager of the Mine Safety and Health Administration by properly 
completing, mailing, or otherwise delivering form 2000-7 ``legal 
identity report'' which shall be provided by the Mine Safety and Health 
Administration for this purpose. If additional space is required, the 
operator may use a separate sheet or sheets.



Sec. 41.30  Address of record and telephone number.

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



PART 42_NATIONAL MINE HEALTH AND SAFETY ACADEMY--Table of Contents




Subpart A [Reserved]

                         Subpart B_Tuition Fees

Sec.
42.10 Tuition fees.
42.20 Schedule of fees.
42.30 Procedure for payment.
42.40 Refunds.

                        Subpart C_Room and Board

42.50 Charges for room and board.

[[Page 189]]


    Authority: 30 U.S.C. 957.

    Source: 50 FR 11643, Mar. 22, 1985, unless otherwise noted. 
Redesignated at 67 FR 42382, June 21, 2002.

Subpart A [Reserved]



                         Subpart B_Tuition Fees



Sec. 42.10  Tuition fees.

    The National Mine Health and Safety Academy, located in Beckley, 
West Virginia, will charge tuition fees to all persons attending Academy 
courses, except employees of Federal, State, or local governments, 
persons attending the Academy under a program supported through an MSHA 
State grant, and persons performing a direct service. Also, subject to 
available resources, MSHA may waive all or part of fees for students, or 
persons employed by a non-profit organization, who are invited by MSHA 
to attend an Academy course which would, in the Agency's judgment, 
contribute to improved conduct, supervision, or management of a function 
or activity under the Federal Mine Safety and Health Act of 1977 or a 
function related to an MSHA appropriation. requests for waivers must be 
in writing.

[62 FR 60985, Nov. 13, 1997]



Sec. 42.20  Schedule of fees.

    (a) Tuition fees will be computed on the basis of the cost to the 
Government for the Academy to conduct the course, as determined by the 
Superintendent of the Academy.
    (b) The tuition fee for each course will be stated in the course 
announcement and will be reassessed on an annual basis.



Sec. 42.30  Procedure for payment.

    When notified of acceptance for a course by the Academy, applicants 
shall submit a check or money order to the Academy, payable to the 
``Mine Safety and Health Administration'' in the amount indicated by the 
course announcement prior to the commencement of the course.



Sec. 42.40  Refunds.

    An applicant may withdraw an application and receive a full refund 
of tuition fees provided that written notification to the Academy's 
Student Services Branch is mailed no later than 14 days before the 
course begins.



                        Subpart C_Room and Board



Sec. 42.50  Charges for room and board.

    The Academy will charge room and board to all persons staying at the 
Academy, except MSHA personnel, persons attending the Academy under a 
program supported through an MSHA State grant, and persons performing a 
direct service. Also, subject to available resources, MSHA may waive all 
or part of fees for students, or persons employed by a non-profit 
organization, who are invited by MSHA to attend an MSHA-sponsored 
training or meeting which would, in the Agency's judgment, contribute to 
improved conduct, supervision, or management of a function or activity 
under the Federal Mine Safety and Health Act of 1977 or a function 
related to an MSHA appropriation. Requests for waivers must be in 
writing. Charges for room and board will be based upon the average cost 
per person of the lodging, meals, and services provided and will be 
reassessed on an annual basis.

[62 FR 60985, Nov. 13, 1997]



PART 43_PROCEDURES FOR PROCESSING HAZARDOUS CONDITIONS COMPLAINTS
--Table of Contents




                            Subpart A_General

Sec.
43.1 Definitions.
43.2 General.
43.3 Purpose and scope of this part.

                      Subpart B_Special Inspections

43.4 Requirements for giving notice.
43.5 Action by the Secretary.
43.6 Notice of negative finding.

                        Subpart C_Informal Review

43.7 Informal review upon written notice given to an inspector on the 
          mine premises.
43.8 Informal review upon the issuance of a notice of negative finding.

    Authority: Secs. 103(g), and 508, Federal Mine Safety and Health Act 
of 1977 Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat.

[[Page 190]]

1298 83 Stat. 803 (30 U.S.C. 813(g) and 957); sec. 307, Federal Mine 
Safety and Health Amendments Act of 1977, Pub. L. 95-164, 91 Stat. 1322 
(30 U.S.C. 801 note).

    Source: 43 FR 29515, July 7, 1978, unless otherwise noted.



                            Subpart A_General



Sec. 43.1  Definitions.

    For purposes of this part, Act means the Federal Mine Safety and 
Health Act of 1977, Pub. L. 91-173, as amended by Pub. L. 95-164, and 
``Secretary'' means the Secretary of Labor or his designee.



Sec. 43.2  General.

    (a) Under section 103(g)(1) of the Act, a representative of miners, 
or where there is no such representative, a miner, who has reasonable 
grounds to believe that a violation of the act or a mandatory health or 
safety standard exists, or an imminent danger exists, has a right to 
obtain a special inspection if he or she gives notice of such violation 
to the Secretary or his duly authorized representative. The notice shall 
be reduced to writing and signed by the miners' representative or miner, 
and a copy that does not reveal the name of the person giving the notice 
must be served on the operator no later than at the time of the 
inspection. If the Secretary determines that a violation or danger does 
not exist, he must so notify the miners' representative or miner in 
writing.
    (b) Under section 103(g)(2) of the Act, a representative of miners 
or, if there is no such representative, a miner, may notify in writing 
an authorized representative of the Secretary who is on mine premises 
prior to or during an inspection, of any violation or imminent danger 
which he or she has reason to believe exists in the mine. There shall be 
procedures for the informal review of any refusal by the Secretary's 
authorized representative to issue a citation with respect to such 
alleged violation or danger, including notification to the miners' 
representative or miner of the reasons for his disposition of the case.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[43 FR 29515, July 7, 1978, as amended at 47 FR 14696, Apr. 6, 1982; 60 
FR 33722, June 29, 1995]



Sec. 43.3  Purpose and scope of this part.

    This part sets forth the procedures for giving notice to the 
Secretary under section 103(g)(1) of the Act, for responding to such 
notices and for reviewing refusals by authorized representatives of the 
Secretary to issue citations or orders under section 103 (g)(1) or 
(g)(2). Specifically, Subpart B details the steps to be taken by a 
representative of miners or a miner in making a request for a special 
inspection and by the Secretary in processing and taking action on such 
a request under section 103(g)(1). Subpart C sets forth informal review 
procedures which a representative of miners or a miner may request under 
sections 103 (g)(1) and (g)(2) where no citation or order is issued 
under those sections.



                      Subpart B_Special Inspections



Sec. 43.4  Requirements for giving notice.

    (a) A representative of miners or, where there is no such 
representative, a miner, who has reasonable grounds to believe that a 
violation of the act or a mandatory health or safety standard exists, or 
that an imminent danger exists, may obtain a special inspection by 
giving notice to the Secretary or any authorized representative of the 
Secretary of such violation or danger.
    (b) Any such notice shall set forth the alleged violation or 
imminent danger and the location of such violation or danger and shall 
be reduced to a writing signed by the representative of miners or miner 
giving such notice.
    (c) A copy of such written notice shall be provided to the operator 
or his agent by the Secretary or his authorized representative no later 
than the time that the inspection begins. In addition, if the notice 
indicates that an imminent danger exists, the operator or his agent 
shall be notified as quickly

[[Page 191]]

as possible of the alleged danger. The name of the person giving such 
notice and the names of any individual miners referred to therein shall 
not appear in the copy of the written notice or in a notification 
provided to the operator.



Sec. 43.5  Action by the Secretary.

    (a) As soon as possible after the receipt of a notice of alleged 
violation or imminent danger under this subpart, the Secretary or his 
authorized representative shall make a special inspection to determine 
if a citation or withdrawal order should be issued, unless on the face 
of the notice, the condition complained of, even if it were found to 
exist, would clearly not constitute a violation or imminent danger.
    (b) Where the Secretary or his authorized representative makes a 
special inspection under this subpart and finds a violation or imminent 
danger, a citation or withdrawal order, as appropriate, shall be issued.



Sec. 43.6  Notice of negative finding.

    (a) If it is determined that a special inspection is not warranted, 
a written notice of negative finding shall be issued as soon as possible 
following such determination.
    (b) If it is determined that an inspection is warranted and upon 
such inspection it is determined that neither a citation nor a 
withdrawal order should be issued for the alleged violation or imminent 
danger, a written notice of negative finding shall be issued by the 
authorized representative of the Secretary prior to leaving the mine 
premises.
    (c) Any notice of negative finding issued under this part shall be 
issued to the representative of miners or miner seeking the special 
inspection and a copy shall be served upon the operator.



                        Subpart C_Informal Review



Sec. 43.7  Informal review upon written notice given to an inspector on 
the mine premises.

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



Sec. 43.8  Informal review upon issuance of a notice of negative finding.

    A person to whom a notice of negative finding has been issued 
pursuant to Sec. 43.6 of this part may request informal review of such 
finding in accordance with the provisions of Sec. 43.7(b)-(d) of this 
subpart.

[[Page 192]]



PART 44_RULES OF PRACTICE FOR PETITIONS FOR MODIFICATION OF MANDATORY 
SAFETY STANDARDS--Table of Contents




                            Subpart A_General

Sec.
44.1 Scope and construction.
44.2 Definitions.
44.3 Parties.
44.4 Standard of evaluation of petitions; effect of petitions granted.
44.5 Notice of a granted petition for modification.
44.6 Service.
44.7 Filing.
44.8 Ex parte communication.
44.9 Posting of petition.

       Subpart B_Initial Procedure for Petitions for Modification

44.10 Filing of petition; service.
44.11 Contents of petition.
44.12 Procedure for public notice of petition received.
44.13 Proposed decision.
44.14 Request for hearing.
44.15 Referral to Chief Administrative Law Judge.
44.16 Application for temporary relief; relief to give effect to the 
          proposed decision and order.

                           Subpart C_Hearings

44.20 Designation of administrative law judge.
44.21 Filing and form of documents.
44.22 Administrative law judges; powers and duties.
44.23 Prehearing conferences.
44.24 Discovery.
44.25 Depositions.
44.26 Subpoenas; witness fees.
44.27 Consent findings and rules or orders.
44.28 Notice of hearing.
44.29 Motions.
44.30 Hearing procedures.
44.31 Proposed findings of fact, conclusions, and orders.
44.32 Initial decision.
44.33 Departmental review.
44.34 Transmission of record.
44.35 Decision of the Assistant Secretary.

                       Subpart D_Summary Decisions

44.40 Motion for summary decision.
44.41 Summary decision.

                  Subpart E_Effect of Initial Decision

44.50 Effect of appeal on initial decision.
44.51 Finality for purposes of judicial review.
44.52 Revocation of modification.
44.53 Amended modification.

    Authority: 30 U.S.C. 957.

    Source: 43 FR 29518, July 7, 1978, unless otherwise noted.



                            Subpart A_General



Sec. 44.1  Scope and construction.

    (a) The procedures and rules of practice set forth in this part 
shall govern petitions for modification of mandatory safety standards 
filed under section 101(c) of the Act.
    (b) These rules shall be liberally construed to carry out the 
purpose of the Act by assuring adequate protection of miners and to 
secure just and prompt determination of all proceedings consistent with 
adequate consideration of the issues involved.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]



Sec. 44.2  Definitions.

    As used in this part, unless the context clearly requires otherwise, 
the term--
    (a) Act means the Federal Mine Safety and Health Act of 1977, Pub. 
L. 91-173, as amended by Pub. L. 95-164.
    (b) Secretary, operator, agent, person, miner, and coal or other 
mine, have the meanings set forth in section 3 of the act.
    (c) Assistant Secretary means the Assistant Secretary of Labor for 
Mine Safety and Health.
    (d) Administrative law judge means an administrative law judge of 
the Department of Labor appointed under section 3105 of title 5 of the 
United States Code.
    (e) Representative of miners means a person or organization 
designated by two or more miners to act as their representative for 
purposes of the act and who is in compliance with 30 CFR part 40.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]



Sec. 44.3  Parties.

    Parties to proceedings under this part shall include the Mine Safety 
and Health Administration, the operator of the mine, and any 
representative of the miners in the affected mine. Any other

[[Page 193]]

person claiming a right of participation as an interested party in a 
proceeding may become a party upon application to the Assistant 
Secretary and the granting of such application. After referral of a 
petition to the Chief Administrative Law Judge, all applications for 
status as a party shall be made to the Chief Administrative Law Judge 
for his disposition.



Sec. 44.4  Standard of evaluation of petitions; effect of petitions granted.

    (a) A petition for modification of application of a mandatory safety 
standard may be granted upon a determination that--
    (1) An alternative method of achieving the result of the standard 
exists that will at all times guarantee no less than the same measure of 
protection afforded by the standard, or
    (2) Application of the standard will result in a diminution of 
safety to the miners.
    (b) Except as may be provided in Sec. 44.16 for relief to give 
effect to a proposed decision and order, a decision of an Administrator 
or an administrative law judge granting or denying a petition for 
modification shall not be effective until time for appeal has expired 
under Sec. 44.14 or Sec. 44.33, as appropriate.
    (c) All petitions for modification granted pursuant to this part 
shall have only future effect: Provided, That the granting of the 
modification under this part shall be considered as a factor in the 
resolution of any enforcement action previously initiated for claimed 
violation of the subsequently modified mandatory safety standard. Orders 
granting petitions for modification may contain special terms and 
conditions to assure adequate protection to miners. The modification, 
together with any conditions, shall have the same effect as a mandatory 
safety standard.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]



Sec. 44.5  Notice of a granted petition for modification.

    (a) Every final action granting a petition for modification under 
this part shall be published in the Federal Register. Every such final 
action published shall specify the statutory grounds upon which the 
modification is based and a summary of the facts which warranted the 
modification.
    (b) Every final action or a summary thereof granting a petition for 
modification under this part shall be posted by the operator on the mine 
bulletin board at the affected mine and shall remain posted as long as 
the modification is effective. If a summary of the final action is 
posted on the mine bulletin board, a copy of the full decision shall be 
kept at the affected mine office and made available to the miners.



Sec. 44.6  Service.

    (a) Copies of all documents filed in any proceeding described in 
this part and copies of all notices pertinent to such proceeding shall 
be served by the filing party on all other persons made parties to the 
proceeding under Sec. 44.3. If a request for hearing has been filed by 
any party, a copy of all subsequent documents filed shall be served upon 
the Mine Safety and Health Administration through its representative, 
the Office of the Solicitor, Department of Labor.
    (b) All documents filed subsequent to a petition for modification 
may be served personally or by first class mail to the last known 
address of the party. Service may also be completed by telecopier or 
other electronic means.
    (c) Whenever a party is represented by an attorney who has signed 
any document filed on behalf of such party or otherwise entered an 
appearance on behalf of such party, service thereafter shall be made 
upon the attorney.
    (d) Any party filing a petition for modification under these rules 
shall file proof of service in the form of a return receipt where 
service is by registered or certified mail or an acknowledgment by the 
party served or a verified return where service is made personally. A 
certificate of service shall accompany all other documents filed by a 
party under these rules.
    (e) Service by mail shall be complete upon mailing. Service by 
telecopier or other electronic means shall be complete upon receipt.
    (f) Whenever a party has the right to do some act within a 
prescribed period after the service of a document or other material upon 
the party and the

[[Page 194]]

document or other material is served upon the party by mail, 5 days 
shall be added to the prescribed period: Provided, that specific 
provisions may, for good cause, be made otherwise by an order of an 
administrative law judge or the Assistant Secretary in a particular 
proceeding pending before that person.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]



Sec. 44.7  Filing.

    For purposes of this part, a petition, request for hearing, notice 
of appeal, or other document shall be considered to be filed when 
received, or when mailed by certified mail, return receipt requested. 
Such documents may be filed by telecopier or other electronic means.

[55 FR 53440, Dec. 28, 1990]



Sec. 44.8  Ex parte communication.

    There shall be no ex parte communication with respect to the merits 
of any case not concluded between the Assistant Secretary or the 
administrative law judge, including any employee or agent of the 
Assistant Secretary or of the administrative law judge, and any of the 
parties, intervenors, representatives, or other interested parties.

[55 FR 53440, Dec. 28, 1990]



Sec. 44.9  Posting of petition.

    An operator of a mine for which there is no representative of miners 
shall post a copy of each petition concerning the mine on the mine 
bulletin board and shall maintain the posting until a ruling on the 
petition becomes final.



       Subpart B_Initial Procedure for Petitions for Modification



Sec. 44.10  Filing of petition; service.

    A petition for modification of the application of a mandatory safety 
standard under section 101(c) of the Act may be filed only by the 
operator of the affected mine or any representative of the miners at 
such mine. All petitions must be in writing and must be filed with the 
Director, Office of Standards, Regulations, and Variances, Mine Safety 
and Health Administration, 1100 Wilson Blvd., Room 2352, Arlington, 
Virginia 22209-3939. If the petition is filed by a mine operator, a copy 
of the petition shall be served by the mine operator upon a 
representative of miners at the affected mine. If the petition is filed 
by a representative of the miners, a copy of the petition shall be 
served by the representative of miners upon the mine operator. Service 
shall be accomplished personally or by registered or certified mail, 
return receipt requested.

[55 FR 53440, Dec. 28, 1990, as amended at 67 FR 38384, June 4, 2002]



Sec. 44.11  Contents of petition.

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



Sec. 44.12  Procedure for public notice of petition received.

    (a) Within 15 days from the filing of a petition for modification, 
the Mine Safety and Health Administration will

[[Page 195]]

give notice of the petition to each known representative of miners or 
the operator of the affected mine, as appropriate, and shall publish 
notice of the petition in the Federal Register.
    (b) The Federal Register notice shall contain a statement that the 
petition has been filed, identify the petitioner and the mine or mines 
to which the petition relates, cite the mandatory safety standard for 
which modification is sought, and describe the requested relief.
    (c) All such notices shall advise interested parties that they may, 
within 30 days from the date of publication in the Federal Register, in 
writing, comment upon or provide information relative to the proposed 
modification.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]



Sec. 44.13  Proposed decision.

    (a) Upon receipt of a petition for modification, the Mine Safety and 
Health Administration shall cause an investigation to be made as to the 
merits of the petition. Any party may request that the investigation of 
the petition for modification be expedited, or that the time period for 
investigating the petition be extended. Such requests shall be granted 
in the discretion of the Administrator upon good cause shown.
    (b) As soon as is practicable after the investigation is completed, 
the appropriate Administrator shall make a proposed decision and order, 
which shall be served upon all parties to the proceeding. The proposed 
decision shall become final upon the 30th day after service thereof, 
unless a request for hearing has been filed with the appropriate 
Administrator, as provided in Sec. 44.14 of this part.
    (c) Service of the proposed decision is complete upon mailing.

[55 FR 53440, Dec. 28, 1990]



Sec. 44.14  Request for hearing

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

[43 FR 29518, July 7, 1978, as amended at 55 FR 53441, Dec. 28, 1990]

[[Page 196]]



Sec. 44.15  Referral to Chief Administrative Law Judge.

    Upon receipt of a request for hearing as provided in Sec. 44.14 of 
this part, the Administrator shall, within 5 days, refer to the Chief 
Administrative Law Judge the original petition, the proposed decision 
and order, all information upon which the proposed decision was based, 
any written request for a hearing on the petition filed, any other 
written comments or information received and considered in making the 
proposed decision. The MSHA investigation report shall be made part of 
the record on the petition.

[55 FR 53441, Dec. 28, 1990]



Sec. 44.16  Application for temporary relief; relief to give effect to 
the proposed decision and order.

    (a) Time for filing. An application for temporary relief from 
enforcement of a mandatory standard may be filed at any time before a 
proposed decision and order is issued on a petition for modification and 
shall be served upon all parties to the proceeding.
    (b) With whom filed. The application shall be filed with and decided 
by the appropriate Administrator.
    (c) Investigation and decision. Upon receipt of an application for 
temporary relief, the Administrator shall cause an investigation to be 
made as to the merits of the application. As soon thereafter as 
practicable, but in no event greater than 60 days from filing of the 
application, the Administrator shall issue a decision. If the 
Administrator does not issue a decision within 60 days of filing of the 
application, the application shall be deemed to be denied.
    (d) Contents of application. An application for temporary relief 
shall comply with applicable general requirements of this part, state 
the specific relief requested, and include specific evidence showing how 
the applicant meets the criteria set forth in paragraph (e) of this 
section.
    (e) Criteria. Before temporary relief is granted, the applicant must 
clearly show that--
    (1) The application was filed in good faith;
    (2) The requested relief will not adversely affect the health or 
safety of miners in the affected mine;
    (3) An identifiable hazard to miners exists in the mine which is 
caused by application of the standard at the mine;
    (4) Other means will be used to reasonably address the hazard 
against which the original standard was designed to protect; and
    (5) Compliance with the standard while the petition for modification 
is pending will expose miners to the identifiable hazard upon which the 
application is based.
    (f) Response. All parties to the proceeding in which an application 
for temporary relief has been filed shall have 15 days from receipt of 
the application to file a written response with the Administrator.
    (g) Evidence. An application for temporary relief or a response to 
such an application may be supported by affidavits or other evidentiary 
matter.
    (h) Findings. Temporary relief may be granted by the Administrator 
upon a finding that application of the standard at the mine will result 
in a diminution of safety to the miners at such mine.
    (i) Appeal to the Office of the Administrative Law Judges. If the 
application for temporary relief is granted by the Administrator, any 
other party may request a hearing within 15 days of the Administrator's 
decision. The request shall be addressed to the Administrator and shall 
be referred by the Administrator, along with the petition for 
modification, to the Chief Administrative Law Judge in accordance with 
Sec. 44.15. The hearing and decision of the presiding administrative 
law judge shall be in accordance with subparts C through E of this part. 
After referral of the petition for modification and application for 
temporary relief, no further decision shall be rendered by the 
Administrator.
    (j) Duration of relief. An order granting temporary relief shall be 
effective until superseded by the Administrator's proposed decision and 
order, unless a hearing is requested in accordance with paragraph (i) of 
this section. If such hearing is requested, the temporary relief shall 
remain in effect until modified, affirmed or set aside by the presiding 
administrative law judge.

[[Page 197]]

In no case, however, shall the Administrator's order remain in effect 
for more than one year, unless renewed or affirmed by the presiding 
administrative law judge.
    (k) Application for relief to give effect to the proposed decision 
and order. At any time following the proposed decision and order of the 
Administrator on the accompanying petition for modification, any party 
may request relief to give effect to the proposed decision and order 
until it becomes final.
    (l) An application for relief under paragraph (k) shall be filed 
with the Administrator and shall include a good faith representation 
that no party is expected to contest the granting of the petition for 
modification.
    (m) A decision to grant relief requested under paragraph (k) will 
take effect on the seventh day following the decision. If a request for 
hearing on the proposed decision and order is filed in accordance with 
Sec. 44.14 prior to the seventh day following the granting of such 
relief, the relief will not become effective. If such request for 
hearing on the proposed decision and order is filed after relief becomes 
effective, the relief will expire immediately.

[55 FR 53441, Dec. 28, 1990]



                           Subpart C_Hearings



Sec. 44.20  Designation of administrative law judge.

    Within 5 days after receipt of a referral of a request for hearing 
in a petition for modification proceeding, the Chief Administrative Law 
Judge shall designate an administrative law judge appointed under 
section 3105 of Title 5 of the United States Code to preside over the 
hearing.

[55 FR 53442, Dec. 28, 1990]



Sec. 44.21  Filing and form of documents.

    (a) Where to file. After a petition has been referred to the Office 
of the Chief Administrative Law Judge, the parties will be notified of 
the name and address of the administrative law judge assigned to the 
case. All further documents shall be filed with the administrative law 
judge at the address designated or with the Chief Administrative Law 
Judge, if the assignment has not been made. While the petition is before 
the Assistant Secretary at any stage of the proceeding, all documents 
should be filed with the Assistant Secretary of Labor for Mine Safety 
and Health, 1100 Wilson Blvd., Room 2322, Arlington, Virginia 22209-
3939.
    (b) Caption, title and signature. (1) The documents filed in any 
proceeding under this part shall be captioned in the name of the 
operator of the mine to which the proceeding relates and in the name of 
the mine or mines affected. After a docket number has been assigned to 
the proceeding by the Office of the Chief Administrative Law Judge, the 
caption shall contain such docket number.
    (2) After the caption each such document shall contain a title which 
shall be descriptive of the document and which shall identify the party 
by whom the document is submitted.
    (3) The original of all documents filed shall be signed at the end 
by the party submitting the document or, if the party is represented by 
an attorney, by such attorney. The address of the party or the attorney 
shall appear beneath the signature.

[43 FR 29518, July 7, 1978, as amended at 67 FR 38384, June 4, 2002]



Sec. 44.22  Administrative law judges; powers and duties.

    (a) Powers. An administrative law judge designated to preside over a 
hearing shall have all powers necessary or appropriate to conduct a 
fair, full, and impartial hearing, including the following:
    (1) To administer oaths and affirmations;
    (2) To issue subpoenas on his own motion or upon written application 
of a party;
    (3) To rule upon offers of proof and receive relevant evidence;
    (4) To take depositions or have depositions taken when the ends of 
justice would be served;
    (5) To provide for discovery and determine its scope;
    (6) To regulate the course of the hearing and the conduct of parties 
and their counsel;
    (7) To consider and rule upon procedural requests;

[[Page 198]]

    (8) To hold conferences for settlement or simplification of issues 
by consent of the parties;
    (9) To make decisions in accordance with the Act, this part, and 
section 557 of title 5 of the United States Code; and
    (10) To take any other appropriate action authorized by this part, 
section 556 of title 5 of the United States Code, or the Act.
    (b) Disqualification. (1) When an administrative law judge deems 
himself disqualified to preside over a particular hearing, he shall 
withdraw therefrom by notice on the record directed to the Chief 
Administrative Law Judge.
    (2) Any party who deems an administrative law judge for any reason 
to be disqualified to preside or continue to preside over a particular 
hearing, may file with the Chief Administrative Law Judge of the 
Department of Labor a motion to be supported by affidavits setting forth 
the alleged grounds for disqualification. The Chief Administrative Law 
Judge shall rule upon the motion.
    (c) Contumacious conduct; failure or refusal to appear or obey 
rulings of a presiding administrative law judge. (1) Contumacious 
conduct at any hearing before the administrative law judge shall be 
grounds for exclusion from the hearing.
    (2) If a witness or party refuses to answer a question after being 
directed to do so or refuses to obey an order to provide or permit 
discovery, the administrative law judge may make such orders with regard 
to the refusal as are just and appropriate, including an order denying 
the application of a petitioner or regulating the contents of the record 
of the hearing.
    (d) Referral to Federal Rules of Civil Procedure and Evidence. On 
any procedural question not regulated by this part, the act, or the 
Administrative Procedure Act, an administrative law judge shall be 
guided to the extent practicable by any pertinent provisions of the 
Federal Rules of Civil Procedure or Federal Rules of Evidence, as 
appropriate.
    (e) Remand. The presiding administrative law judge shall be 
authorized to remand the petition for modification proceeding to the 
appropriate Administrator based upon new evidence which was not 
available to the Administrator and which may have materially affected 
the Administrator's proposed decision and order. Remand may be upon the 
judge's own motion or the motion of any party, and shall be granted in 
the discretion of the presiding administrative law judge.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53442, Dec. 28, 1990]



Sec. 44.23  Prehearing conferences.

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



Sec. 44.24  Discovery.

    Parties shall be governed in their conduct of discovery by 
appropriate provisions of the Federal Rules of Civil Procedure, except 
as provided in Sec. 44.25 of this part. After consultation with the 
parties, the administrative law judge shall prescribe a time of not more 
than 45 days to complete discovery. Alternative periods of time for 
discovery may be prescribed by the presiding administrative law judge 
upon the request of any party. As soon as is practicable after 
completion of discovery, the administrative law judge

[[Page 199]]

shall schedule a hearing in accordance with Sec. 44.28 of this part.

[55 FR 53442, Dec. 28, 1990]



Sec. 44.25  Depositions.

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



Sec. 44.26  Subpoenas; witness fees.

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



Sec. 44.27  Consent findings and rules or orders.

    (a) General. At any time after a request for hearing is filed in 
accordance with Sec. 44.14, a reasonable opportunity may be afforded to 
permit negotiation by the parties of an agreement containing consent 
findings and a rule or order disposing of the whole or any part of the 
proceedings. Allowance of such opportunity and the duration thereof 
shall be in the discretion of the Chief Administrative Law Judge, if no 
administrative law judge has been assigned, or of the presiding 
administrative law judge. In deciding whether to afford such an 
opportunity, the administrative law judge shall consider the nature of 
the proceeding, requirements of the public interest, representations of 
the parties, and probability of an agreement which will result in a just 
disposition of the issues involved.
    (b) Contents. Any agreement containing consent findings and rule or 
order disposing of a proceeding shall also provide:
    (1) That the rule or order shall have the same effect as if made 
after a full hearing;
    (2) That the record on which any rule or order may be based shall 
consist of the petition and agreement, and all other pertinent 
information, including: any request for hearing on the petition; the 
investigation report; discovery;

[[Page 200]]

motions and requests, filed in written form and rulings thereon; any 
documents or papers filed in connection with prehearing conferences; 
and, if a hearing has been held, the transcript of testimony and any 
proposed findings, conclusions, rules or orders, and supporting reasons 
as may have been filed.
    (3) A waiver of further procedural steps before the administrative 
law judge and Assistant Secretary; and
    (4) A waiver of any right to challenge or contest the validity of 
the findings and rule or order made in accordance with the agreement.
    (c) Submission. On or before expiration of the time granted for 
negotiations, the parties or their counsel may:
    (1) Submit the proposed agreement to the Chief Administrative Law 
Judge or presiding administrative law judge, as appropriate, for his 
consideration; or
    (2) Inform the Chief Administrative Law Judge or presiding 
administrative law judge, as appropriate, that agreement cannot be 
reached.
    (d) Disposition. In the event an agreement containing consent 
findings and rule or order is submitted within the time allowed, the 
Chief Administrative Law Judge or presiding administrative law judge, as 
appropriate, may accept the agreement by issuing his decision based upon 
the agreed findings.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53442, Dec. 28, 1990]



Sec. 44.28  Notice of hearing.

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



Sec. 44.29  Motions.

    Each motion filed shall be in writing and shall contain a short and 
plain statement of the grounds upon which it is based. A statement in 
opposition to the motion may be filed by any party within 10 days after 
the date of service. The administrative law judge may permit oral 
motions during proceedings.



Sec. 44.30  Hearing procedures.

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

[[Page 201]]

    (e) Transcript. Copies of the transcript of the hearing may be 
obtained by the parties upon written application filed with the reporter 
and payment of fees at the rate provided in the agreement with the 
reporter.



Sec. 44.31  Proposed findings of fact, conclusions, and orders.

    After consultation with the parties, the administrative law judge 
may prescribe a time period of 30 days within which each party may file 
proposed findings of fact, conclusions of law, and rule or order, 
together with a supporting brief expressing the reasons for such 
proposals. Such time may be expedited or extended upon request and at 
the discretion of the Administrative Law Judge. Proposals and briefs 
shall be served on all other parties and shall refer to all portions of 
the record and to all authorities relied upon in support of each 
proposal.

[55 FR 53442, Dec. 28, 1990]



Sec. 44.32  Initial decision.

    (a) Within 60 days after the time allowed for the filing of proposed 
findings of fact and conclusions of law, the administrative law judge 
shall make and serve upon each party a decision, which shall become 
final upon the 30th day after service thereof, unless an appeal is filed 
as provided in Sec. 44.33 of this part. After consultation with the 
parties, the administrative law judge may expedite or extend the time 
for issuing the decision. The decision of the administrative law judge 
shall include:
    (1) A statement of findings of fact and conclusions of law, with 
reasons therefor, upon each material issue of fact, law, or discretion 
presented on the record; and
    (2) The appropriate rule, order, relief, or denial thereof.
    (b) The decision of the administrative law judge shall be based upon 
a consideration of the whole record and shall state all facts officially 
noticed and relied upon. It shall be made on the basis of a 
preponderance of reliable and probative evidence.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53442, Dec. 28, 1990]



Sec. 44.33  Departmental review.

    (a) Notice of appeal. Any party may appeal from the initial decision 
of the administrative law judge by filing with the Assistant Secretary a 
notice of appeal within 30 days after service of the initial decision. 
The Assistant Secretary may consolidate related appeals. Copies of a 
notice of appeal shall be served on all parties to the proceeding in 
accordance with Sec. 44.6 of this part.
    (b) Statement of objections. Within 20 days after filing the notice 
of appeal, the appellant shall file his statement of objections to the 
decision of the administrative law judge and serve copies on all other 
parties to the proceeding. The statement shall refer to the specific 
findings of fact, conclusions of law, or terms of the order objected to 
in the initial decision. Where any objection is based upon evidence of 
record, the objection need not be considered by the Assistan( Secretary 
if specific record citations to the pertinent evidence are not contained 
in the statement of objections.
    (c) Responding statements. Within 20 days after service of the 
statement of objections, any other party to the proceeding may file a 
statement in response.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53442, Dec. 28, 1990]



Sec. 44.34  Transmission of record.

    If an appeal is filed, the administrative law judge shall, as soon 
thereafter as is practicable, transmit the record of the proceeding to 
the Assistant Secretary for review. The record shall include: the 
petition; the MSHA investigation report; any request for hearing on the 
petition; the transcript of testimony taken at the hearing, together 
with exhibits admitted in evidence; any documents or papers filed in 
connection with prehearing conferences; such proposed findings of fact, 
conclusions of law, rules or orders, and supporting reasons, as may have 
been filed; and the administrative law judge's decision.

[55 FR 53442, Dec. 28, 1990]

[[Page 202]]



Sec. 44.35  Decision of the Assistant Secretary.

    Appeals from a decision rendered pursuant to Sec. 44.32 of this 
part shall be decided by the Assistant Secretary within 120 days after 
the time for filing responding statements under Sec. 44.33 of this 
part. The Assistant Secretary's decision shall be based upon 
consideration of the entire record of the proceedings transmitted, 
together with the statements submitted by the parties. The decision may 
affirm, modify, or set aside, in whole or part, the findings, 
conclusions, and rule or order contained in the decision of the 
presiding administrative law judge and shall include a statement of 
reasons for the action taken. The Assistant Secretary may also remand 
the petition to the administrative law judge for additional legal or 
factual determinations. Any party may request that the time for the 
Assistant Secretary's decision be expedited. Such requests shall be 
granted in the discretion of the Assistant Secretary.

[55 FR 53442, Dec. 28, 1990]



                       Subpart D_Summary Decisions



Sec. 44.40  Motion for summary decision.

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



Sec. 44.41  Summary decision.

    (a) No genuine issue of material fact. (1) Where no genuine issue of 
a material fact is found to have been raised, the administrative law 
judge may issue an initial decision to become final 30 days after 
service thereof, unless, within such time, any party has filed an appeal 
with the Assistant Secretary. Thereafter, the Assistant Secretary, after 
consideration of the entire record, may issue a final decision.
    (2) An initial decision and a final decision made under this 
paragraph shall include a statement of--
    (i) Findings and conclusions, and the reasons therefor, on all 
issues presented; and
    (ii) Any terms and conditions of the rule or order.

[[Page 203]]

    (3) A copy of an initial decision and final decision under this 
paragraph shall be served on each party.
    (b) Hearings on issues of fact. Where a genuine question of material 
fact is raised, the administrative law judge shall, and in any other 
case may, set the case for an evidentiary hearing in accordance with 
Subpart C of this part.



                  Subpart E_Effect of Initial Decision



Sec. 44.50  Effect of appeal on initial decision.

    Except as provided in Sec. 44.14(c), a proposed decision and order 
of an Administrator is not operative pending appeal to an administrative 
law judge, and a decision of an administrative law judge is not 
operative pending appeal to the Assistant Secretary.

[55 FR 53443, Dec. 28, 1990]



Sec. 44.51  Finality for purposes of judicial review.

    Only a decision by the Assistant Secretary shall be deemed final 
agency action for purposes of judicial review. A decision by an 
Administrator or administrative law judge which becomes final for lack 
of appeal is not deemed final agency action for purposes of 5 U.S.C. 
704.



Sec. 44.52  Revocation of modification.

    (a) Petition for revocation. Any party to a proceeding under this 
part in which a petition for modification of a mandatory safety standard 
was granted by an Administrator, administratior law judge, or the 
Assistant Secretary may petition that the modification be revoked. Such 
petition shall be filed with the Chief Administrative Law Judge for 
disposition.
    (b) Revocation by the Administrator. The appropriate Administrator 
may propose to revoke a modification previously granted by the 
Administrator, an administrative law judge, or the Assistant Secretary, 
by issuing a proposed decision and order revoking the modification. Such 
proposed revocation and a statement of reasons supporting the proposal 
must be served upon all parties to the proceeding, and shall become 
final on the 30th day after service thereof unless a hearing is 
requested in accordance with Sec. 44.14.
    (c) Revocation of a granted modification must be based upon a change 
in circumstances or because findings which originally supported the 
modification are no longer valid.
    (d) Disposition of the revocation shall be subject to all procedures 
of subparts C through E of this part.

[55 FR 53443, Dec. 28, 1990]



Sec. 44.53  Amended modification.

    (a) The Administrator may propose to revise the terms and conditions 
of a granted modification by issuing an amended proposed decision and 
order, along with a statement of reasons for the amended proposed 
decision and order, when one or both of the following occurs:
    (1) A change in circumstances which originally supported the terms 
and conditions of the modification.
    (2) The Administrator determines that findings which originally 
supported the terms and conditions of the modification are no longer 
valid.
    (b) The Administrator's amended proposed decision and order shall be 
served upon all parties to the proceeding and shall become final upon 
the 30th day after service thereof, unless a request for hearing on the 
proposed amendments is filed under Sec. 44.14. If a request for hearing 
is filed, the amended proposed decision and order shall be subject to 
all procedures of subparts C through E of this part as if it were a 
proposed decision and order of the Administrator issued in accordance 
with Sec. 44.13. The original modification shall remain in effect until 
superseded by a final amended modification.
    (c) In cases where the original decision and order was based upon an 
alternative method of achieving the result of the standard, the amended 
decision and order shall at all times provide to miners at the mine at 
least the same measure of protection afforded to the miners at the mine 
by such standard. In cases where the original decision and order was 
based upon a diminution of safety to the miners resulting from 
application of the standard at such time, the amended decision and order

[[Page 204]]

shall not reduce the protection afforded miners by the original decision 
and order.

[55 FR 53443, Dec. 28, 1990]



PART 45_INDEPENDENT CONTRACTORS--Table of Contents




Sec.
45.1 Scope and purpose.
45.2 Definitions.
45.3 Identification of independent contractors.
45.4 Independent contractor register.
45.5 Service of documents; independent contractors.
45.6 Address of record and telephone number; independent contractors.

    Authority: 30 U.S.C. 802(d), 957.

    Source: 45 FR 44496, July 1, 1980, unless otherwise noted.



Sec. 45.1  Scope and purpose.

    This part sets forth information requirements and procedures for 
independent contractors to obtain an MSHA identification number and 
procedures for service of documents upon independent contractors. 
Production-operators are required to maintain certain information for 
each independent contractor at the mine. The purpose of this rule is to 
facilitate implementation of MSHA's enforcement policy of holding 
independent contractors responsible for violations committed by them and 
their employees.



Sec. 45.2  Definitions.

    As used in this part:
    (a) Act means the Federal Mine Safety and Health Act of 1977, Pub. 
L. 91-173, as amended by Pub. L. 95-164;
    (b) District Manager means the District Manager of the Mine Safety 
and Health Administration District in which the independent contractor 
is located;
    (c) Independent contractor means any person, partnership, 
corporation, subsidiary of a corporation, firm, association or other 
organization that contracts to perform services or construction at a 
mine; and,
    (d) Production-operator means any owner, lessee, or other person who 
operates, controls or supervises a coal or other mine.



Sec. 45.3  Identification of independent contractors.

    (a) Any independent contractor may obtain a permanent MSHA 
identification number. To obtain an identification number, an 
independent contractor shall submit to the District Manager in writing 
the following information:
    (1) The trade name and business address of the independent 
contractor;
    (2) An address of record for service of documents;
    (3) A telephone number at which the independent contractor can be 
contacted during regular business hours; and
    (4) The estimated annual hours worked on mine property by the 
independent contractor in the previous calendar year, or in the instance 
of a business operating less than one full calendar year, prorated to an 
annual basis.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[45 FR 44496, July 1, 1980, as amended at 47 FR 14696, Apr. 6, 1982; 60 
FR 33722, June 29, 1995]



Sec. 45.4  Independent contractor register.

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

[[Page 205]]



Sec. 45.5  Service of documents; independent contractors.

    Service of citations, orders and other documents upon independent 
contractors shall be completed upon delivery to the independent 
contractor or mailing to the independent contractor's address of record.



Sec. 45.6  Address of record and telephone number; independent contractors.

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

[[Page 206]]



                   SUBCHAPTER H_EDUCATION AND TRAINING





PART 46_TRAINING AND RETRAINING OF MINERS ENGAGED IN SHELL DREDGING 
 
OR EMPLOYED AT SAND, GRAVEL, SURFACE STONE, SURFACE CLAY, COLLOIDAL 
PHOSPHATE, OR SURFACE LIMESTONE MINES.--Table of Contents




Sec.
46.1 Scope.
46.2 Definitions.
46.3 Training plans.
46.4 Training plan implementation.
46.5 New miner training.
46.6 Newly hired experienced miner training.
46.7 New task training.
46.8 Annual refresher training.
46.9 Records of training.
46.10 Compensation for training.
46.11 Site-specific hazard awareness training.
46.12 Responsibility for independent contractor training.

    Authority: 30 U.S.C. 811, 825.

    Source: 64 FR 53130, Sept. 30, 1999, unless otherwise noted.



Sec. 46.1  Scope.

    The provisions of this part set forth the mandatory requirements for 
training and retraining miners and other persons at shell dredging, 
sand, gravel, surface stone, surface clay, colloidal phosphate, and 
surface limestone mines.



Sec. 46.2  Definitions.

    The following definitions apply in this part:
    (a) Act means the Federal Mine Safety and Health Act of 1977.
    (b) Competent person means a person designated by the production-
operator or independent contractor who has the ability, training, 
knowledge, or experience to provide training to miners in his or her 
area of expertise. The competent person must be able both to effectively 
communicate the training subject to miners and to evaluate whether the 
training given to miners is effective.
    (c) Equivalent experience means work experience where the person 
performed duties similar to duties performed in mining operations at 
surface mines. Such experience may include, but is not limited to, work 
as a heavy equipment operator, truck driver, skilled craftsman, or plant 
operator.
    (d)(1) Experienced miner means:
    (i) A person who is employed as a miner on April 14, 1999;
    (ii) A person who has at least 12 months of cumulative surface 
mining or equivalent experience on or before October 2, 2000;
    (iii) A person who began employment as a miner after April 14, 1999, 
but before October 2, 2000 and who has received new miner training under 
Sec. 48.25 of this title or under proposed requirements published April 
14, 1999, which are available from the Office of Standards, Regulations 
and Variances, MSHA, 1100 Wilson Blvd., Room 2352, Arlington, Virginia 
22209-3939; or
    (iv) A person employed as a miner on or after October 2, 2000 who 
has completed 24 hours of new miner training under Sec. 46.5 of this 
part or under Sec. 48.25 of this title and who has at least 12 
cumulative months of surface mining or equivalent experience.
    (2) Once a miner is an experienced miner under this section, the 
miner will retain that status permanently.
    (e) Independent contractor means any person, partnership, 
corporation, subsidiary of a corporation, firm, association, or other 
organization that contracts to perform services at a mine under this 
part.
    (f) Mine site means an area of the mine where mining operations 
occur.
    (g)(1) Miner means:
    (i) Any person, including any operator or supervisor, who works at a 
mine and who is engaged in mining operations. This definition includes 
independent contractors and employees of independent contractors who are 
engaged in mining operations; and
    (ii) Any construction worker who is exposed to hazards of mining 
operations.
    (2) The definition of ``miner'' does not include scientific workers; 
delivery workers; customers (including commercial over-the-road truck 
drivers); vendors; or visitors. This definition

[[Page 207]]

also does not include maintenance or service workers who do not work at 
a mine site for frequent or extended periods.
    (h) Mining operations means mine development, drilling, blasting, 
extraction, milling, crushing, screening, or sizing of minerals at a 
mine; maintenance and repair of mining equipment; and associated haulage 
of materials within the mine from these activities.
    (i) New miner means a person who is beginning employment as a miner 
with a production-operator or independent contractor and who is not an 
experienced miner.
    (j) Newly hired experienced miner means an experienced miner who is 
beginning employment with a production-operator or independent 
contractor. Experienced miners who move from one mine to another, such 
as drillers and blasters, but who remain employed by the same 
production-operator or independent contractor are not considered newly 
hired experienced miners.
    (k) Normal working hours means a period of time during which a miner 
is otherwise scheduled to work, including the sixth or seventh working 
day if such a work schedule has been established for a sufficient period 
of time to be accepted as the common practice of the production-operator 
or independent contractor, as applicable.
    (l) Operator means any production-operator, or any independent 
contractor whose employees perform services at a mine.
    (m) Production-operator means any owner, lessee, or other person who 
operates, controls, or supervises a mine under this part.
    (n) Task means a work assignment or component of a job that requires 
specific job knowledge or experience.
    (o) We or us means the Mine Safety and Health Administration (MSHA).
    (p) You means production-operators and independent contractors.

[64 FR 53130, Sept. 30, 1999, as amended at 67 FR 38384, June 4, 2002]



Sec. 46.3  Training plans.

    (a) You must develop and implement a written plan, approved by us 
under either paragraph (b) or (c) of this section, that contains 
effective programs for training new miners and newly hired experienced 
miners, training miners for new tasks, annual refresher training, and 
site-specific hazard awareness training.
    (b) A training plan is considered approved by us if it contains, at 
a minimum, the following information:
    (1) The name of the production-operator or independent contractor, 
mine name(s), and MSHA mine identification number(s) or independent 
contractor identification number(s);
    (2) The name and position of the person designated by you who is 
responsible for the health and safety training at the mine. This person 
may be the production-operator or independent contractor;
    (3) A general description of the teaching methods and the course 
materials that are to be used in the training program, including the 
subject areas to be covered and the approximate time or range of time to 
be spent on each subject area.
    (4) A list of the persons and/or organizations who will provide the 
training, and the subject areas in which each person and/or organization 
is competent to instruct; and
    (5) The evaluation procedures used to determine the effectiveness of 
training.
    (c) A plan that does not include the minimum information specified 
in paragraphs (b)(1) through (b)(5) of this section must be submitted to 
and approved by the Regional Manager, Educational Field Services 
Division, or designee, for the region in which the mine is located. You 
also may voluntarily submit a plan for Regional Manager approval. You 
must notify miners or their representatives when you submit a plan for 
Regional Manager approval. Within two weeks of receipt or posting of the 
plan, miners and their representatives may also request review and 
approval of the plan by the Regional Manager and must notify the 
production-operator or independent contractor of such request.
    (d) You must provide the miners' representative, if any, with a copy 
of the plan at least 2 weeks before the plan is implemented or, if you 
request MSHA approval of your plan, at least two weeks before you submit 
the plan to the Regional Manager for approval. At

[[Page 208]]

mines where no miners' representative has been designated, you must post 
a copy of the plan at the mine or provide a copy to each miner at least 
2 weeks before you implement the plan or submit it to the Regional 
Manager for approval.
    (e) Within 2 weeks following the receipt or posting of the training 
plan under paragraph (d) of this section, miners or their 
representatives may submit written comments on the plan to you, or to 
the Regional Manager, as appropriate.
    (f) The Regional Manager must notify you and miners or their 
representatives in writing of the approval, or status of the approval, 
of the training plan within 30 calendar days of the date we received the 
training plan for approval, or within 30 calendar days of the date we 
received the request by a miner or miners' representative that we 
approve your plan.
    (g) You must provide the miners' representative, if any, with a copy 
of the approved plan within one week after approval. At mines where no 
miners' representative has been designated, you must post a copy of the 
plan at the mine or provide a copy to each miner within one week after 
approval.
    (h) If you, miners, or miners' representatives wish to appeal a 
decision of the Regional Manager, you must send the appeal, in writing, 
to the Director for Educational Policy and Development, MSHA, 1100 
Wilson Blvd., Room 2100, Arlington, Virginia 22209-3939, within 30 
calendar days after notification of the Regional Manager's decision. The 
Director will issue a final decision of the Agency within 30 calendar 
days after receipt of the appeal.
    (i) You must make available at the mine a copy of the current 
training plan for inspection by us and for examination by miners and 
their representatives. If the training plan is not maintained at the 
mine, you must have the capability to provide the plan within one 
business day upon request by us, miners, or their representatives.
    (j) You must comply with the procedures for plan approval under this 
section whenever the plan undergoes revisions.
    (k) The addresses for the EFS Regional Managers are as follows. 
Current information on the EFS organization is available on MSHA's 
Internet Home Page at http://www.msha.gov.

                        Eastern Regional Manager

Educational Field Services, National Mine Health and Safety Academy, 
1301 Airport Road, Beaver, WV 25813-9426, Telephone: (304) 256-3223, 
FAX: (304) 256-3319, E-mail: [email protected]

                        Western Regional Manager

Educational Field Services, P.O. Box 25367, Denver, CO 80225-0367, 
Telephone: (303) 231-5434, FAX: (304) 231-5474, E-mail: EFS--
[email protected]

[64 FR 53130, Sept. 30, 1999, as amended at 67 FR 38384, June 4, 2002]



Sec. 46.4  Training plan implementation.

    (a) You must ensure that each program, course of instruction, or 
training session is:
    (1) Conducted in accordance with the written training plan;
    (2) Presented by a competent person; and
    (3) Presented in language understood by the miners who are receiving 
the training.
    (b) You may conduct your own training programs or may arrange for 
training to be conducted by: state or federal agencies; associations of 
production-operators or independent contractors; miners' 
representatives; consultants; manufacturers' representatives; private 
associations; educational institutions; or other training providers.
    (c) You may substitute, as applicable, health and safety training 
required by the Occupational Safety and Health Administration (OSHA), or 
other federal or state agencies to meet requirements under this part. 
This training must be relevant to training subjects required in this 
part. You must document the training in accordance with Sec. 46.9 of 
this part.
    (d) Training methods may consist of classroom instruction, 
instruction at the mine, interactive computer-based instruction or other 
innovative training methods, alternative training technologies, or any 
combination of training methods.
    (e) Employee health and safety meetings, including informal health 
and safety talks and instruction, may be credited under this part toward 
either

[[Page 209]]

new miner training, newly hired experienced miner training, or annual 
refresher training requirements, as appropriate, provided that you 
document each training session in accordance with Sec. 46.9 of this 
part. In recording the duration of training, you must include only the 
portion of the session actually spent in training.



Sec. 46.5  New miner training.

    (a) Except as provided in paragraphs (f) and (g) of this section, 
you must provide each new miner with no less than 24 hours of training 
as prescribed by paragraphs (b), (c), and (d). Miners who have not yet 
received the full 24 hours of new miner training must work where an 
experienced miner can observe that the new miner is performing his or 
her work in a safe and healthful manner.

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
(b) Before a new miner begins work at the mine--         You must provide the miner with no less than 4 hours of
                                                          training in the following subjects, which must also
                                                          address site-specific hazards:
                                                         (1) An introduction to the work environment, including
                                                          a visit and tour of the mine, or portions of the mine
                                                          that are representative of the entire mine (walkaround
                                                          training). The method of mining or operation utilized
                                                          must be explained and observed;
                                                         (2) Instruction on the recognition and avoidance of
                                                          electrical hazards and other hazards present at the
                                                          mine, such as traffic patterns and control, mobile
                                                          equipment (e.g., haul trucks and front-end loaders),
                                                          and loose or unstable ground conditions;
                                                         (3) A review of the emergency medical procedures,
                                                          escape and emergency evacuation plans, in effect at
                                                          the mine, and instruction on the firewarning signals
                                                          and firefighting procedures;
                                                         (4) Instruction on the health and safety aspects of the
                                                          tasks to be assigned, including the safe work
                                                          procedures of such tasks, the mandatory health and
                                                          safety standards pertinent to such tasks, information
                                                          about the physical and health hazards of chemicals in
                                                          the miner's work area, the protective measures a miner
                                                          can take against these hazards, and the contents of
                                                          the mine's HazCom program;
                                                         (5) Instruction on the statutory rights of miners and
                                                          their representatives under the Act;
                                                         (6) A review and description of the line of authority
                                                          of supervisors and miners' representatives and the
                                                          responsibilities of such supervisors and miners'
                                                          representatives; and
                                                         (7) An introduction to your rules and procedures for
                                                          reporting hazards.
--------------------------------------------------------
(c) No later than 60 calendar days after a new miner     You must provide the miner with training in the
 begins work at the mine--                                following subject:
                                                         (1) Instruction and demonstration on the use, care, and
                                                          maintenance of self-rescue and respiratory devices, if
                                                          used at the mine; and
                                                         (2) A review of first aid methods.
--------------------------------------------------------

[[Page 210]]

 
(d) No later than 90 calendar days after a new miner     You must provide the miner with the balance, if any, of
 begins work at the mine--                                the 24 hours of training on any other subjects that
                                                          promote occupational health and safety for miners at
                                                          the mine.
----------------------------------------------------------------------------------------------------------------

    (e) Practice under the close observation of a competent person may 
be used to fulfill the requirement for training on the health and safety 
aspects of an assigned task in paragraph (b)(4) of this section, if 
hazard recognition training specific to the assigned task is given 
before the miner performs the task.
    (f) A new miner who has less than 12 cumulative months of surface 
mining or equivalent experience and has completed new miner training 
under this section or under Sec. 48.25 of this title within 36 months 
before beginning work at the mine does not have to repeat new miner 
training. However, you must provide the miner with training specified in 
paragraph (b) of this section before the miner begins work at the mine.
    (g) A new miner training course completed under Sec. 48.5 or Sec. 
48.25 of this title may be used to satisfy the requirements of 
paragraphs (a), (b), and (c) of this section, if the course was 
completed by the miner within 36 months before beginning work at the 
mine; and the course is relevant to the subjects specified in paragraphs 
(b) and (c) of this section.

[64 FR 53130, Sept. 30, 1999, as amended at 67 FR 42382, June 21, 2002]



Sec. 46.6  Newly hired experienced miner training.

    (a) Except as provided in paragraph (f) of this section, you must 
provide each newly hired experienced miner with training as prescribed 
by paragraphs (b) and (c).

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
(b) Before a newly hired experienced miner begins work   You must provide the miner with training in the
 at the mine--                                            following subjects, which must also address site-
                                                          specific hazards:
                                                         (1) An introduction to the work environment, including
                                                          a visit and tour of the mine, or portions of the mine
                                                          that are representative of the entire mine (walkaround
                                                          training). The method of mining or operation utilized
                                                          must be explained and observed;
                                                         (2) Instruction on the recognition and avoidance of
                                                          electrical hazards and other hazards present at the
                                                          mine, such as traffic patterns and control, mobile
                                                          equipment (e.g., haul trucks and front-end loaders),
                                                          and loose or unstable ground conditions;
                                                         (3) A review of the emergency medical procedures,
                                                          escape and emergency evacuation plans, in effect at
                                                          the mine, and instruction on the firewarning signals
                                                          and firefighting procedures;
                                                         (4) Instruction on the health and safety aspects of the
                                                          tasks to be assigned, including the safe work
                                                          procedures of such tasks, the mandatory health and
                                                          safety standards pertinent to such tasks, information
                                                          about the physical and health hazards of chemicals in
                                                          the miner's work area, the protective measures a miner
                                                          can take against these hazards, and the contents of
                                                          the mine's HazCom program;
                                                         (5) Instruction on the statutory rights of miners and
                                                          their representatives under the Act;

[[Page 211]]

 
                                                         (6) A review and description of the line of authority
                                                          of supervisors and miners' representatives and the
                                                          responsibilities of such supervisors and miners'
                                                          representatives; and
                                                         (7) An introduction to your rules and procedures for
                                                          reporting hazards.
--------------------------------------------------------
(c) No later than 60 calendar days after a newly hired   You must provide the miner with an instruction and
 experienced miner begins work at the mine--              demonstration on the use, care, and maintenance of
                                                          self-rescue and respiratory devices, if used at the
                                                          mine.
----------------------------------------------------------------------------------------------------------------

    (d) Practice under the close observation of a competent person may 
be used to fulfill the requirement for training on the health and safety 
aspects of an assigned task in paragraph (b)(4) of this section, if 
hazard recognition training specific to the assigned task is given 
before the miner performs the task.
    (e) In addition to subjects specified in paragraphs (b) and (c) of 
this section, you may provide training on any other subjects that 
promote occupational health and safety for miners.
    (f) You are not required to provide a newly hired experienced miner 
who returns to the same mine, following an absence of 12 months or less, 
with the training specified in paragraphs (b) and (c) of this section. 
Instead you must provide such miner with training on any changes at the 
mine that occurred during the miner's absence that could adversely 
affect the miner's health or safety. This training must be given before 
the miner begins work at the mine. If the miner missed any part of 
annual refresher training under Sec. 46.8 of this part during the 
absence, you must provide the miner with the missed training no later 
than 90 calendar days after the miner begins work at the mine.

[64 FR 53130, Sept. 30, 1999, as amended at 67 FR 42382, June 21, 2002]



Sec. 46.7  New task training.

    (a) You must provide any miner who is reassigned to a new task in 
which he or she has no previous work experience with training in the 
health and safety aspects of the task to be assigned, including the safe 
work procedures of such task, information about the physical and health 
hazards of chemicals in the miner's work area, the protective measures a 
miner can take against these hazards, and the contents of the mine's 
HazCom program. This training must be provided before the miner performs 
the new task.
    (b) If a change occurs in a miner's assigned task that affects the 
health and safety risks encountered by the miner, you must provide the 
miner with training under paragraph (a) of this section that addresses 
the change.
    (c) You are not required to provide new task training under 
paragraphs (a) and (b) of this section to miners who have received 
training in a similar task or who have previous work experience in the 
task, and who can demonstrate the necessary skills to perform the task 
in a safe and healthful manner. To determine whether task training under 
this section is required, you must observe that the miner can perform 
the task in a safe and healthful manner.
    (d) Practice under the close observation of a competent person may 
be used to fulfill the requirement for task training under this section, 
if hazard recognition training specific to the assigned task is given 
before the miner performs the task.
    (e) Training provided under this section may be credited toward new 
miner training, as appropriate.

[64 FR 53130, Sept. 30, 1999, as amended at 67 FR 42382, June 21, 2002]



Sec. 46.8  Annual refresher training.

    (a) You must provide each miner with no less than 8 hours of annual 
refresher training--
    (1) No later than 12 months after the miner begins work at the mine, 
or no later than March 30, 2001, whichever is later; and

[[Page 212]]

    (2) Thereafter, no later than 12 months after the previous annual 
refresher training was completed.
    (b) The refresher training must include instruction on changes at 
the mine that could adversely affect the miner's health or safety.
    (c) Refresher training must also address other health and safety 
subjects that are relevant to mining operations at the mine. Recommended 
subjects include, but are not limited to: applicable health and safety 
requirements, including mandatory health and safety standards; 
information about the physical and health hazards of chemicals in the 
miner's work area, the protective measures a miner can take against 
these hazards, and the contents of the mine's HazCom program; 
transportation controls and communication systems; escape and emergency 
evacuation plans, firewarning and firefighting; ground conditions and 
control; traffic patterns and control; working in areas of highwalls; 
water hazards, pits, and spoil banks; illumination and night work; first 
aid; electrical hazards; prevention of accidents; health; explosives; 
and respiratory devices. Training is also recommended on the hazards 
associated with the equipment that has accounted for the most fatalities 
and serious injuries at the mines covered by this rule, including: 
mobile equipment (haulage and service trucks, front-end loaders and 
tractors); conveyor systems; cranes; crushers; excavators; and dredges. 
Other recommended subjects include: maintenance and repair (use of hand 
tools and welding equipment); material handling; fall prevention and 
protection; and working around moving objects (machine guarding).

[64 FR 53130, Sept. 30, 1999, as amended at 67 FR 42382, June 21, 2002]



Sec. 46.9  Records of training.

    (a) You must record and certify on MSHA Form 5000-23, or on a form 
that contains the information listed in paragraph (b) of this section, 
that each miner has received training required under this part.
    (b) The form must include:
    (1) The printed full name of the person trained;
    (2) The type of training, the duration of the training, the date the 
training was received, the name of the competent person who provided the 
training:
    (3) The name of the mine or independent contractor, MSHA mine 
identification number or independent contractor identification number, 
and location of training (if an institution, the name and address of the 
institution).
    (4) The statement, ``False certification is punishable under Sec. 
110(a) and (f) of the Federal Mine Safety and Health Act,'' printed in 
bold letters and in a conspicuous manner; and
    (5) A statement signed by the person designated in the MSHA-approved 
training plan for the mine as responsible for health and safety 
training, that states ``I certify that the above training has been 
completed.''
    (c) You must make a record of training under paragraphs (b)(1) 
through (b)(4) of this section--
    (1) For new miner training under Sec. 46.5, no later than--
    (i) when the miner begins work at the mine as required under Sec. 
46.5(b);
    (ii) 60 calendar days after the miner begins work at the mine as 
required under Sec. 46.5(c); and
    (iii) 90 calendar days after the miner begins work at the mine as 
required under Sec. 46.5(d), if applicable.
    (2) For newly hired experienced miner training under Sec. 46.6, no 
later than--
    (i) when the miner begins work at the mine; and
    (ii) 60 calendar days after the miner begins work at the mine.
    (3) Upon completion of new task training under Sec. 46.7;
    (4) After each session of annual refresher training under Sec. 
46.8; and
    (5) Upon completion by miners of site-specific hazard awareness 
training under Sec. 46.11.
    (d) You must ensure that all records of training under paragraphs 
(c)(1) through (c)(5) of this section are certified under paragraph 
(b)(5) of this section and a copy provided to the miner--
    (1) Upon completion of the 24 hours of new miner training;
    (2) Upon completion of newly hired experienced miner training;

[[Page 213]]

    (3) At least once every 12 months for new task training, or upon 
request by the miner, if applicable;
    (4) Upon completion of the 8 hours of annual refresher training; and
    (5) Upon completion by miners of site-specific hazard awareness 
training.
    (e) False certification that training was completed is punishable 
under Sec. 110(a) and (f) of the Act.
    (f) When a miner leaves your employ, you must provide each miner 
with a copy of his or her training records and certificates upon 
request.
    (g) You must make available at the mine a copy of each miner's 
training records and certificates for inspection by us and for 
examination by miners and their representatives. If training 
certificates are not maintained at the mine, you must be able to provide 
the certificates upon request by us, miners, or their representatives.
    (h) You must maintain copies of training certificates and training 
records for each currently employed miner during his or her employment, 
except records and certificates of annual refresher training under Sec. 
46.8, which you must maintain for only two years. You must maintain 
copies of training certificates and training records for at least 60 
calendar days after a miner terminates employment.
    (i) You are not required to make records under this section of site-
specific hazard awareness training you provide under Sec. 46.11 of this 
part to persons who are not miners under Sec. 46.2. However, you must 
be able to provide evidence to us, upon request, that the training was 
provided, such as the training materials that are used; copies of 
written information distributed to persons upon their arrival at the 
mine; or visitor log books that indicate that training has been 
provided.



Sec. 46.10  Compensation for training.

    (a) Training must be conducted during normal working hours. Persons 
required to receive training must be paid at a rate of pay that 
corresponds to the rate of pay they would have received had they been 
performing their normal work tasks.
    (b) If training is given at a location other than the normal place 
of work, persons required to receive such training must be compensated 
for the additional costs, including mileage, meals, and lodging, they 
may incur in attending such training sessions.



Sec. 46.11  Site-specific hazard awareness training.

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

[[Page 214]]

who is accompanied at all times by an experienced miner who is familiar 
with hazards specific to the mine site.



Sec. 46.12  Responsibility for independent contractor training.

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



PART 47_HAZARD COMMUNICATION (HazCom)--Table of Contents




   Subpart A_Purpose, Scope, Applicability, and Initial Miner Training

Sec.
47.1 Purpose of a HazCom standard; applicability.
47.2 Operators and chemicals covered; initial miner training.

                          Subpart B_Definitions

47.11 Definitions of terms used in this part.

                     Subpart C_Hazard Determination

47.21 Identifying hazardous chemicals.

                        Subpart D_HazCom Program

47.31 Requirement for a HazCom program.
47.32 HazCom program contents.

          Subpart E_Container Labels and Other Forms of Warning

47.41 Requirement for container labels.
47.42 Label contents.
47.43 Label alternatives.
47.44 Temporary, portable containers.

              Subpart F_Material Safety Data Sheets (MSDS)

47.51 Requirement for an MSDS.
47.52 MSDS contents.
47.53 Alternative for hazardous waste.
47.54 Availability of an MSDS.
47.55 Retaining an MSDS.

Subpart G [Reserved]

              Subpart H_Making HazCom Information Available

47.71 Access to HazCom materials.
47.72 Cost for copies.
47.73 Providing labels and MSDSs to customers.

                Subpart I_Trade Secret Hazardous Chemical

47.81 Provisions for withholding trade secrets.
47.82 Disclosure of information to MSHA.
47.83 Disclosure in a medical emergency.
47.84 Non-emergency disclosure.
47.85 Confidentiality agreement and remedies.
47.86 Denial of a written request for disclosure.
47.87 Review of denial.

                          Subpart J_Exemptions

47.91 Exemptions from the HazCom standard.
47.92 Exemptions from labeling.

    Authority: 30 U.S.C. 811, 825.

    Source: 67 FR 42383, June 21, 2002, unless otherwise noted.



   Subpart A_Purpose, Scope, Applicability, and Initial Miner Training



Sec. 47.1  Purpose of a HazCom standard; applicability.

    The purpose of this part is to reduce injuries and illnesses by 
ensuring that each operator--
    (a) Identifies the chemicals at the mine,
    (b) Determines which chemicals are hazardous,

[[Page 215]]

    (c) Establishes a HazCom program, and
    (d) Informs each miner who can be exposed, and other on-site 
operators whose miners can be exposed, about chemical hazards and 
appropriate protective measures.
    (e) As of September 23, 2002, all mines employing six or more miners 
are required to comply with this part.
    (f) As of March 21, 2003, all mines employing five or fewer miners 
are required to comply with this part.



Sec. 47.2  Operators and chemicals covered; initial miner training.

    (a) This part applies to any operator producing or using a hazardous 
chemical to which a miner can be exposed under normal conditions of use 
or in a foreseeable emergency. (Subpart J of this part lists exemptions 
from coverage.)
    (b) Operators of mines which employ six or more miners must instruct 
each miner with information about the physical and health hazards of 
chemicals in the miner's work area, the protective measures a miner can 
take against these hazards, and the contents of the mine's HazCom 
program by September 23, 2002. Operators of mines that employ five or 
fewer miners must instruct each miner with information about the 
physical and health hazards of chemicals in the miner's work area, the 
protective measures a miner can take against these hazards, and the 
contents of the mine's HazCom program by March 21, 2003.



                          Subpart B_Definitions



Sec. 47.11  Definitions of terms used in this part.

    The definitions in Table 47.11 apply in this part as follows:

                        Table 47.11--Definitions
------------------------------------------------------------------------
               Term                   Definition for purposes of HazCom
------------------------------------------------------------------------
Access............................  The right to examine and copy
                                     records.
Article...........................  A manufactured item, other than a
                                     fluid or particle, that--
                                    (1) Is formed to a specific shape or
                                     design during manufacture, and
                                    (2) Has end-use functions dependent
                                     on its shape or design.
Chemical..........................  Any element, chemical compound, or
                                     mixture of these.
Chemical name.....................  (1) The scientific designation of a
                                     chemical in accordance with the
                                     nomenclature system of either the
                                     International Union of Pure and
                                     Applied Chemistry (IUPAC) or the
                                     Chemical Abstracts Service (CAS),
                                     or
                                    (2) A name that will clearly
                                     identify the chemical for the
                                     purpose of conducting a hazard
                                     evaluation.
Common name.......................  Any designation or identification
                                     (such as a code name, code number,
                                     trade name, brand name, or generic
                                     name) used to identify a chemical
                                     other than by its chemical name.
Consumer product..................  A product or component of a product
                                     that is packaged, labeled, and
                                     distributed in the same form and
                                     concentration as it is sold for use
                                     by the general public.
Container.........................  (1) Any bag, barrel, bottle, box,
                                     can, cylinder, drum, reaction
                                     vessel, storage tank, or the like.
                                    (2) The following are not considered
                                     to be containers for the purpose of
                                     compliance with this part:
                                    (i) Pipes or piping systems;
                                    (ii) Conveyors; and
                                    (iii) Engines, fuel tanks, or other
                                     operating systems or parts in a
                                     vehicle.
Cosmetics and drugs...............  (1) Cosmetics are any article
                                     applied to the human body for
                                     cleansing, beautifying, promoting
                                     attractiveness, or altering
                                     appearance.
                                    (2) Drugs are any article used to
                                     affect the structure or any
                                     function of the body of humans or
                                     other animals.
CPSC..............................  The U.S. Consumer Product Safety
                                     Commission.
Designated representative.........  (1) Any individual or organization
                                     to whom a miner gives written
                                     authorization to exercise the
                                     miner's rights under this part, or
                                    (2) A representative of miners under
                                     part 40 of this chapter.
EPA...............................  The U.S. Environmental Protection
                                     Agency.
Exposed...........................  Subjected, or potentially subjected,
                                     to a physical or health hazard in
                                     the course of employment.
                                     ``Subjected,'' in terms of health
                                     hazards, includes any route of
                                     entry, such as through the lungs
                                     (inhalation), the stomach
                                     (ingestion), or the skin (skin
                                     absorption).
Foreseeable emergency.............  Any potential occurrence that could
                                     result in an uncontrolled release
                                     of a hazardous chemical into the
                                     mine.

[[Page 216]]

 
Hazard warning....................  Any words, pictures, or symbols,
                                     appearing on a label or other form
                                     of warning, that convey the
                                     specific physical and health
                                     hazards of the chemical. (See the
                                     definitions for physical hazard and
                                     health hazard for examples of the
                                     hazards that the warning must
                                     convey.)
Hazardous chemical................  Any chemical that can present a
                                     physical or health hazard.
Hazardous substance...............  Regulated by CPSC under the Federal
                                     Hazardous Substances Act or EPA
                                     under the Comprehensive
                                     Environmental Response,
                                     Compensation, and Liability Act.
Hazardous waste...................  Chemicals regulated by EPA under the
                                     Solid Waste Disposal Act as amended
                                     by the Resource Conservation and
                                     Recovery Act.
Health hazard.....................  A chemical for which there is
                                     statistically significant evidence
                                     that it can cause acute or chronic
                                     health effects in exposed persons.
                                     Health hazard includes chemicals
                                     which--
                                    (1) Cause cancer;
                                    (2) Damage the reproductive system
                                     or cause birth defects;
                                    (3) Are irritants, corrosives, or
                                     sensitizers;
                                    (4) Damage the liver;
                                    (5) Damage the kidneys;
                                    (6) Damage the nervous system;
                                    (7) Damage the blood or lymphatic
                                     systems;
                                    (8) Damage the stomach or
                                     intestines;
                                    (9) Damage the lungs, skin, eyes, or
                                     mucous membranes; or
                                    (10) Are toxic or highly toxic
                                     agents.
Health professional...............  A physician, physician's assistant,
                                     nurse, emergency medical
                                     technician, or other person
                                     qualified to provide medical or
                                     occupational health services.
Identity..........................  A chemical's common name or chemical
                                     name.
Label.............................  Any written, printed, or graphic
                                     material displayed on or affixed to
                                     a container to identify its
                                     contents and convey other relevant
                                     information.
Material safety data sheet (MSDS).  Written or printed material
                                     concerning a hazardous chemical
                                     which--
                                    (1) An operator prepares in
                                     accordance with Table 47.52--
                                     Contents of MSDS; or
                                    (2) An employer prepares in
                                     accordance with 29 CFR 1910.1200,
                                     1915.1200, 1917.28, 1918.90,
                                     1926.59, or 1928.21 (OSHA Hazard
                                     Communication regulations); or
                                    (3) An independent source prepares
                                     which contains equivalent
                                     information, such as International
                                     Chemical Safety Cards (ICSC) and
                                     Workplace Hazardous Material
                                     Information Sheets (WHMIS).
Mixture...........................  Any combination of two or more
                                     chemicals which is not the result
                                     of a chemical reaction.
Ordinary consumer use.............  Household, family, school,
                                     recreation, or other personal use
                                     or enjoyment, as opposed to
                                     business use.
OSHA..............................  The Occupational Safety and Health
                                     Administration, U.S. Department of
                                     Labor.
Physical hazard...................  A chemical for which there is
                                     scientifically valid evidence that
                                     it is--
                                    (1) Combustible liquid:
                                    (i) A liquid having a flash point at
                                     or above 100 [deg]F (37.8 [deg]C)
                                     and below 200 [deg]F (93.3 [deg]C);
                                     or
                                    (ii) A liquid mixture having
                                     components with flashpoints of 200
                                     [deg]F (93.3 [deg]C) or higher, the
                                     total volume of which make up 99%
                                     or more of the mixture.
                                    (2) Compressed gas:
                                    (i) A contained gas or mixture of
                                     gases with an absolute pressure
                                     exceeding:
                                    (A) 40 psi (276 kPa) at 70 [deg]F
                                     (21.1 [deg]C); or
                                    (B) 104 psi (717 kPa) at 130 [deg]F
                                     (54.4 [deg]C) regardless of
                                     pressure at 70 [deg]F.
                                    (ii) A liquid having a vapor
                                     pressure exceeding 40 psi (276 kPa)
                                     at 100 [deg]F (37.8 [deg]C) as
                                     determined by ASTM D-323-82.
                                    (3) Explosive: A chemical that
                                     undergoes a rapid chemical change
                                     causing a sudden, almost
                                     instantaneous release of pressure,
                                     gas, and heat when subjected to
                                     sudden shock, pressure, or high
                                     temperature.
                                    (4) Flammable: A chemical that will
                                     readily ignite and, when ignited,
                                     will burn persistently at ambient
                                     temperature and pressure in the
                                     normal concentration of oxygen in
                                     the air.
                                    (5) Organic peroxide: An explosive,
                                     shock sensitive, organic compound
                                     or an oxide that contains a high
                                     proportion of oxygen-superoxide.
                                    (6) Oxidizer: A chemical, other than
                                     an explosive, that initiates or
                                     promotes combustion in other
                                     materials, thereby causing fire
                                     either of itself or through the
                                     release of oxygen or other gases.
                                    (7) Pyrophoric: Capable of igniting
                                     spontaneously in air at a
                                     temperature of 130 [deg]F (54.4
                                     [deg]C) or below.
                                    (8) Unstable (reactive): A chemical
                                     which in the pure state, or as
                                     produced or transported, will
                                     vigorously polymerize, decompose,
                                     condense, or become self-reactive
                                     under conditions of shock,
                                     pressure, or temperature.

[[Page 217]]

 
                                    (9) Water-reactive: A chemical that
                                     reacts with water to release a gas
                                     that is either flammable or a
                                     health hazard.
Produce...........................  To manufacture, process, formulate,
                                     generate, or repackage.
Raw material......................  Ore, valuable minerals, worthless
                                     material or gangue, overburden, or
                                     a combination of these, that is
                                     removed from natural deposits by
                                     mining or is upgraded through
                                     milling.
Trade secret......................  Any confidential formula, pattern,
                                     process, device, information, or
                                     compilation of information that is
                                     used by the operator and that gives
                                     the operator an opportunity to
                                     obtain an advantage over
                                     competitors who do not know about
                                     it or use it.
Use...............................  To package, handle, react, or
                                     transfer.
Work area.........................  Any place in or about a mine where a
                                     miner works.
------------------------------------------------------------------------


[67 FR 42383, June 21, 2002; 67 FR 57635, Sept. 11, 2002]



                     Subpart C_Hazard Determination



Sec. 47.21  Identifying hazardous chemicals.

    The operator must evaluate each chemical brought on mine property 
and each chemical produced on mine property to determine if it is 
hazardous as specified in Table 47.21 as follows:

              Table 47.21--Identifying Hazardous Chemicals
------------------------------------------------------------------------
                                     Basis for determining if a chemical
             Category                           is hazardous
------------------------------------------------------------------------
(a) Chemical brought to the mine..  The chemical is hazardous when its
                                     MSDS or container label indicates
                                     it is a physical or health hazard;
                                     or the operator may choose to
                                     evaluate the chemical using the
                                     criteria in paragraphs (b) and (c)
                                     of this table.
(b) Chemical produced at the mine.  The chemical is hazardous if any one
                                     of the following that it is a
                                     hazard:
                                    (1) Available evidence concerning
                                     its physical or health hazards.
                                    (2) MSHA standards in 30 CFR chapter
                                     I.
                                    (3) Occupational Safety and Health
                                     Administration (OSHA), 29 CFR part
                                     1910, subpart Z, Toxic and
                                     Hazardous Substances.
                                    (4) American Conference of
                                     Governmental Industrial Hygienists
                                     (ACGIH), Threshold Limit Values and
                                     Biological Exposure Indices (2001).
                                    (5) U.S. Department of Health and
                                     Human Services, National Toxicology
                                     Program (NTP), Ninth Annual Report
                                     on Carcinogens, January 2001.
                                    (6) International Agency for
                                     Research on Cancer (IARC),
                                     Monographs and related supplements,
                                     Volumes 1 through 77.
(c) Mixture produced at the mine..  (1) If a mixture has been tested as
                                     a whole to determine its hazards,
                                     use the results of that testing.
                                    (2) If a mixture has not been tested
                                     as a whole to determine its
                                     hazards--
                                    (i) Use available, scientifically
                                     valid evidence to determine its
                                     physical hazard potential;
                                    (ii) Assume that it presents the
                                     same health hazard as a non-
                                     carcinogenic component that makes
                                     up 1% or more (by weight or volume)
                                     of the mixture; and
                                    (iii) Assume that it presents a
                                     carcinogenic health hazard if a
                                     component considered carcinogenic
                                     by NTP or IARC makes up 0.1% or
                                     more (by weight or volume) of the
                                     mixture.
                                    (3) If evidence indicates that a
                                     component could be released from a
                                     mixture in a concentration that
                                     could present a health risk to
                                     miners, assume that the mixture
                                     presents the same hazard.
------------------------------------------------------------------------



                        Subpart D_HazCom Program



Sec. 47.31  Requirement for a HazCom program.

    Each operator must--
    (a) Develop and implement a written HazCom program,
    (b) Maintain it for as long as a hazardous chemical is known to be 
at the mine, and
    (c) Share relevant HazCom information with other on-site operators 
whose miners can be affected.

[[Page 218]]



Sec. 47.32  HazCom program contents.

    The HazCom program must include the following:
    (a) How this part is put into practice at the mine through the use 
of--
    (1) Hazard determination,
    (2) Labels and other forms of warning,
    (3) Material safety data sheets (MSDSs), and
    (4) Miner training.
    (b) A list or other record identifying all hazardous chemicals known 
to be at the mine. The list must--
    (1) Use a chemical identity that permits cross-referencing between 
the list, a chemical's label, and its MSDS; and
    (2) Be compiled for the whole mine or by individual work areas.
    (c) At mines with more than one operator, the methods for--
    (1) Providing other operators with access to MSDSs, and
    (2) Informing other operators about--
    (i) Hazardous chemicals to which their miners can be exposed,
    (ii) The labeling system on the containers of these chemicals, and
    (iii) Appropriate protective measures.

[67 FR 42383, June 21, 2002; 67 FR 57635, Sept. 11, 2002]



          Subpart E_Container Labels and Other Forms of Warning



Sec. 47.41  Requirement for container labels.

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



Sec. 47.42  Label contents.

    When an operator must make a label, the label must--
    (a) Be prominently displayed, legible, accurate, and in English;
    (b) Display appropriate hazard warnings;
    (c) Use a chemical identity that permits cross-referencing between 
the list of hazardous chemicals, a chemical's label, and its MSDS; and
    (d) Include on labels for cutomers, the name and address of the 
operator or another responsible party who can provide additional 
information about the hazardous chemical.

[67 FR 42383, June 21, 2002; 67 FR 63255, Oct. 11, 2002]



Sec. 47.43  Label alternatives.

    The operator may use signs, placards, process sheets, batch tickets, 
operating procedures, or other label alternatives for individual, 
stationary process containers, provided that the alternative--
    (a) Identifies the container to which it applies,
    (b) Communicates the same information as required on the label, and
    (c) Is readily available throughout each work shift to miners in the 
work area.



Sec. 47.44  Temporary, portable containers.

    (a) The operator does not have to label a temporary, portable 
container if he or she ensures that the miner using the portable 
container--
    (1) Knows the identity of the chemical, its hazards, and any 
protective measures needed, and
    (2) Leaves the container empty at the end of the shift.
    (b) Otherwise, the operator must mark the temporary, portable 
container with at least the common name of its contents.

[[Page 219]]



              Subpart F_Material Safety Data Sheets (MSDS)



Sec. 47.51  Requirement for an MSDS.

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



Sec. 47.52  MSDS contents.

    When an operator must prepare an MSDS for a hazardous chemical 
produced at the mine, the MSDS must--
    (a) Be legible, accurate, and in English;
    (b) Use a chemical identity that permits cross-referencing between 
the list of hazardous chemicals, the chemical's label, and its MSDS; and
    (c) Contain information, or indicate if no information is available, 
for the categories listed in Table 47.52 as follows:

                      Table 47.52--Contents of MSDS
------------------------------------------------------------------------
                                       Requirements, descriptions, and
             Category                            exceptions
------------------------------------------------------------------------
(1) Identity......................  The identity of the chemical or, if
                                     the chemical is a mixture, the
                                     identities of all hazardous
                                     ingredients. See Sec. 47.21
                                     (Identifying hazardous chemicals).
(2) Properties....................  The physical and chemical
                                     characteristics of the chemical,
                                     such as vapor pressure and
                                     solubility in water.
(3) Physical......................  The physical hazards of the chemical
                                     including the potential for fire,
                                     explosion, and reactivity.
(4) Health hazards................  The health hazards of the chemical
                                     including--
                                    (i) Signs and symptoms of exposure,
                                    (ii) Any medical conditions which
                                     are generally recognized as being
                                     aggravated by exposure to the
                                     chemical, and
                                    (iii) The primary routes of entry
                                     for the chemical, such as lungs,
                                     stomach, or skin.
(5) Exposure limits...............  For the chemical or the ingredients
                                     of a mixture--
                                    (i) The MSHA or OSHA permissible
                                     limit, if there is one, and
                                    (ii) Any other exposure limit
                                     recommended by the preparer of the
                                     MSDS.
(6) Carcinogenicity...............  Whether the chemical or an
                                     ingredient in the mixture is a
                                     carcinogen or potential carcinogen.
                                     See the sources specified in Sec.
                                     47.21 (Identifying hazardous
                                     chemicals).
(7) Safe use......................  Precautions for safe handling and
                                     use including--
                                    (i) Appropriate hygienic practices,
                                    (ii) Protective measures during
                                     repair and maintenance of
                                     contaminated equipment, and
                                    (iii) Procedures for clean-up of
                                     spills and leaks.
(8) Control measures..............  Generally applicable control
                                     measures such as engineering
                                     controls, work practices, and
                                     personal protective equipment.
(9) Emergency information.........  (i) Emergency medical and first-aid
                                     procedures; and
                                    (ii) The name, address, and
                                     telephone number of the operator or
                                     other responsible party who can
                                     provide additional information on
                                     the hazardous chemical and
                                     appropriate emergency procedures.
(10) Date prepared................  The date the MSDS was prepared or
                                     last changed.
------------------------------------------------------------------------


[67 FR 42383, June 21, 2002; 67 FR 57635, Sept. 11, 2002]

[[Page 220]]



Sec. 47.53  Alternative for hazardous waste.

    If the mine produces or uses hazardous waste, the operator must 
provide potentially exposed miners and designated representatives access 
to available information for the hazardous waste that--
    (a) Identifies its hazardous chemical components,
    (b) Describes its physical or health hazards, or
    (c) Specifies appropriate protective measures.



Sec. 47.54  Availability of an MSDS.

    The operator must make MSDSs accessible to miners during each work 
shift for each hazardous chemical to which they may be exposed either--
    (a) At each work area where the hazardous chemical is produced or 
used, or
    (b) At an alternative location, provided that the MSDS is readily 
available to miners in an emergency.



Sec. 47.55  Retaining an MSDS.

    The operator must--
    (a) Retain its MSDS for as long as the hazardous chemical is known 
to be at the mine, and
    (b) Notify miners at least 3 months before disposing of the MSDS.

Subpart G [Reserved]



              Subpart H_Making HazCom Information Available



Sec. 47.71  Access to HazCom materials.

    Upon request, the operator must provide access to all HazCom 
materials required by this part to miners and designated 
representatives, except as provided in Sec. 47.81 through Sec. 47.87 
(provisions for trade secrets).



Sec. 47.72  Cost for copies.

    (a) The operator must provide the first copy and each revision of 
the HazCom material without cost.
    (b) Fees for a subsequent copy of the HazCom material must be non-
discriminatory and reasonable.



Sec. 47.73  Providing labels and MSDSs to customers.

    For a hazardous chemical produced at the mine, the operator must 
provide customers, upon request, with the chemical's label or a copy of 
the label information, and the chemical's MSDS.



                Subpart I_Trade Secret Hazardous Chemical



Sec. 47.81  Provisions for withholding trade secrets.

    (a) Operators may withhold the identity of a trade secret chemical, 
including the name and other specific identification, from the written 
list of hazardous chemicals, the label, and the MSDS, provided that the 
operator--
    (1) Can support the claim that the chemical's identity is a trade 
secret,
    (2) Identifies the chemical in a way that it can be referred to 
without disclosing the secret,
    (3) Indicates in the MSDS that the chemical's identity is withheld 
as a trade secret, and
    (4) Discloses in the MSDS information on the properties and effects 
of the hazardous chemical.
    (b) The operator must make the chemical's identity available to 
miners, designated representatives, and health professionals in 
accordance with the provisions of this subpart.
    (c) This subpart does not require the operator to disclose process 
or percentage of mixture information, which is a trade secret, under any 
circumstances.



Sec. 47.82  Disclosure of information to MSHA.

    (a) Even if the operator has a trade secret claim, the operator must 
disclose to MSHA, upon request, any information which this subpart 
requires the operator to make available.
    (b) The operator must make a trade secret claim, no later than at 
the time the information is provided to MSHA, so that MSHA can determine 
the trade secret status and implement the necessary protection.



Sec. 47.83  Disclosure in a medical emergency.

    (a) Upon request and regardless of the existence of a written 
statement of need or a confidentiality agreement,

[[Page 221]]

the operator must immediately disclose the identity of a trade secret 
chemical to the treating health professional when that person determines 
that--
    (1) A medical emergency exists, and
    (2) The identity of the hazardous chemical is necessary for 
emergency or first-aid treatment.
    (b) The operator may require a written statement of need and 
confidentiality agreement in accordance with the provisions of Sec. 
47.84 and Sec. 47.85 as soon as circumstances permit.



Sec. 47.84  Non-emergency disclosure.

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



Sec. 47.85  Confidentiality agreement and remedies.

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



Sec. 47.86  Denial of a written request for disclosure.

    To deny a written request for disclosure of the identity of a trade 
secret chemical, the operator must--
    (a) Put the denial in writing,
    (1) Including evidence to substantiate the claim that the chemical's 
identity is a trade secret,
    (2) Stating the specific reasons why the request is being denied, 
and
    (3) Explaining how alternative information will satisfy the specific 
medical

[[Page 222]]

or occupational health need without revealing the chemical's identity.
    (b) Provide the denial to the health professional, miner, or 
designated representative within 30 days of the request.



Sec. 47.87  Review of denial.

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



                          Subpart J_Exemptions



Sec. 47.91  Exemptions from the HazCom standard.

    A hazardous chemical is exempt from this part under the conditions 
described in Table 47.91 as follows:

  Table 47.91--Chemicals and Products Exempt from this HazCom Standard
------------------------------------------------------------------------
             Exemption                    Conditions for exemption
------------------------------------------------------------------------
Article...........................  If, under normal conditions of use,
                                     it--
                                    (1) Releases no more than
                                     insignificant amounts of a
                                     hazardous chemical, and
                                    (2) Poses no physical or health risk
                                     to exposed miners.
Biological hazards................  All biological hazards, such as
                                     poisonous plants, insects, and
                                     micro-organisms.
Consumer product or hazardous       (1) If the miner uses it for the
 substance regulated by CPSC.        purpose the manufacturer intended;
                                     and
                                    (2) Such use does not expose the
                                     miner more often and for longer
                                     periods than ordinary consumer use.
Cosmetics, drugs, food, food        When intended for personal
 additive, color additive, drinks,   consumption or use.
 alcoholic beverages, tobacco and
 tobacco products, or medical or
 veterinary device or product,
 including materials intended for
 use as ingredients in such
 products (such as flavors and
 fragrances).
Radiation.........................  All ionizing or non-ionizing
                                     radiation, such as alpha or gamma,
                                     microwaves, or x-rays.
Wood or wood products, including    If they do not release or otherwise
 lumber.                             result in exposure to a hazardous
                                     chemical under normal conditions of
                                     use. For example, wood is not
                                     exempt if it is treated with a
                                     hazardous chemical or if it will be
                                     subsequently cut or sanded.
------------------------------------------------------------------------



Sec. 47.92  Exemptions from labeling.

    A hazardous chemical is exempt from subpart E of this part under the 
conditions described in Table 47.92 as follows:

          Table 47.92--Hazardous Chemicals Exempt from Labeling
------------------------------------------------------------------------
             Exemption                    Conditions for exemption
------------------------------------------------------------------------
Chemical substance, consumer        When kept in its manufacturer's or
 product, hazardous substance, or    supplier's original packaging
 pesticide.                          labeled under other federal
                                     labeling requirements.

[[Page 223]]

 
Hazardous substance...............  When the subject of remedial or
                                     removal action under the
                                     Comprehensive Environmental
                                     Response, Compensation and
                                     Liability Act (CERCLA) in
                                     accordance with EPA regulations.
Hazardous waste...................  When regulated by EPA under the
                                     Solid Waste Disposal Act as amended
                                     by the Resource Conservation and
                                     Recovery Act.
Raw material being mined or         While on mine property, except when
 processed.                          the container holds a mixture of
                                     the raw material and another
                                     hazardous chemical and the mixture
                                     is found to be hazardous under Sec.
                                       47.21--Identifying hazardous
                                     chemicals.
Wood or wood products, including    Wood or wood products are always
 lumber.                             exempt from labeling.
------------------------------------------------------------------------


[67 FR 42383, June 21, 2002; 67 FR 42366, Sept. 11, 2002; 67 FR 63255, 
Oct. 11, 2002]



PART 48_TRAINING AND RETRAINING OF MINERS--Table of Contents




         Subpart A_Training and Retraining of Underground Miners

Sec.
48.1 Scope.
48.2 Definitions.
48.3 Training plans; time of submission; where filed; information 
          required; time for approval; method for disapproval; 
          commencement of training; approval of instructors.
48.4 Cooperative training program.
48.5 Training of new miners; minimum courses of instruction; hours of 
          instruction.
48.6 Experienced miner training.
48.7 Training of miners assigned to a task in which they have had no 
          previous experience; minimum courses of instruction.
48.8 Annual refresher training of miners; minimum courses of 
          instruction; hours of instruction.
48.9 Records of training.
48.10 Compensation for training.
48.11 Hazard training.
48.12 Appeals procedures.

Subpart B_Training and Retraining of Miners Working at Surface Mines and 
                   Surface Areas of Underground Mines

48.21 Scope.
48.22 Definitions.
48.23 Training plans; time of submission; where filed; information 
          required; time for approval; method for disapproval; 
          commencement of training; approval of instructors.
48.24 Cooperative training program.
48.25 Training of new miners; minimum courses of instruction; hours of 
          instruction.
48.26 Experienced miner training.
48.27 Training of miners assigned to a task in which they have had no 
          previous experience; minimum courses of instruction.
48.28 Annual refresher training of miners; minimum courses of 
          instruction; hours of instruction.
48.29 Records of training.
48.30 Compensation for training.
48.31 Hazard training.
48.32 Appeals procedures.

    Authority: 30 U.S.C. 811, 825.

    Source: 43 FR 47459, Oct. 13, 1978, unless otherwise noted.



         Subpart A_Training and Retraining of Underground Miners



Sec. 48.1  Scope.

    The provisions of this subpart A set forth the mandatory 
requirements for submitting and obtaining approval of programs for 
training and retraining miners working in underground mines. 
Requirements regarding compensation for training and retraining are also 
included. The requirements for training and retraining miners working at 
surface mines and surface areas of underground mines are set forth in 
subpart B of this part.



Sec. 48.2  Definitions.

    For the purposes of this subpart A--
    (a)(1) Miner means, for purposes of Sec. Sec. 48.3 through 48.10 of 
this subpart A, any person working in an underground mine and who is 
engaged in the extraction and production process, or who is regularly 
exposed to mine hazards, or who is a maintenance or service worker 
employed by the operator or a maintenance or service worker contracted 
by the operator to work at the mine for frequent or extended periods. 
This definition shall include the operator if the operator works 
underground on a continuing, even if irregular, basis. Short

[[Page 224]]

term, specialized contact workers, such as drillers and blasters, who 
are engaged in the extraction and production process and who have 
received training under Sec. 48.6 (Experienced miner training) of this 
subpart A may, in lieu of subsequent training under that section for 
each new employment, receive training under Sec. 48.11 (Hazard 
training) of this subpart A. This definition does not include:
    (i) Workers under subpart C of this part 48, including shaft and 
slope workers, workers engaged in construction activities ancillary to 
shaft and slope sinking, and workers engaged in the construction of 
major additions to an existing mine which requires the mine to cease 
operations;
    (ii) Any person covered under paragraph (a)(2) of this section.
    (2) Miner means, for purposes of Sec. 48.11 (Hazard training) of 
this subpart A, any person working in an underground mine, including any 
delivery, office, or scientific worker or occasional, short-term 
maintenance or service worker contracted by the operator, and any 
student engaged in academic projects involving his or her extended 
presence at the mine. This definition excludes persons covered under 
paragraph (a)(1) of this section and subpart C of this part.
    (b) Experienced miner means:
    (1) A miner who has completed MSHA-approved new miner training for 
underground miners or training acceptable to MSHA from a State agency 
and who has had at least 12 months of underground mining experience; or
    (2) A supervisor who is certified under an MSHA-approved State 
certification program and who is employed as an underground supervisor 
on October 6, 1998; or
    (3) An experienced underground miner on February 3, 1999.
    (c) New miner means a miner who is not an experienced miner.
    (d) Normal working hours means a period of time during which a miner 
is otherwise scheduled to work. This definition does not preclude 
scheduling training classes on the sixth or seventh working day if such 
a work schedule has been established for a sufficient period of time to 
be accepted as the operator's common practice. Miners shall be paid at a 
rate of pay which shall correspond to the rate of pay they would have 
received had they been performing their normal work tasks.
    (e) Operator means any owner, lessee, or other person who operates, 
controls or supervises an underground mine; or any independent 
contractor identified as an operator performing services or construction 
at such mine.
    (f) Task means a work assignment that includes duties of a job that 
occur on a regular basis and which requires physical abilities and job 
knowledge.
    (g) Act means the Federal Mine Safety and Health Act of 1977.

[43 FR 47459, Oct. 13, 1978, as amended at 63 FR 53759, Oct. 6, 1998]



Sec. 48.3  Training plans; time of submission; where filed; information 

required; time for approval; method for disapproval; commencement of 
training; approval 
          of instructors.

    (a) Each operator of an underground mine shall have an MSHA approved 
plan containing programs for training new miners, training experienced 
miners, training miners for new tasks, annual refresher training, and 
hazard training for miners as follows:
    (1) In the case of an underground mine which is operating on the 
effective date of this subpart A, the operator of the mine shall submit 
such plan for approval within 90 days after the effective date of this 
subpart A.
    (2) Within 60 days after the operator submits the plan for approval, 
unless extended by MSHA, the operator shall have an approved plan for 
the mine.
    (3) In the case of a new underground mine which is to be opened or a 
mine which is to be reopened or reactivated after the effective date of 
this subpart A, the operator shall have an approved plan prior to 
opening the new mine, or reopening or reactivating the mine.
    (b) The training plan shall be filed with the District Manager for 
the area in which the mine is located.
    (c) Each operator shall submit to the District Manager the following 
information:
    (1) The company name, mine name, and MSHA identification number of 
the mine.
    (2) The name and position of the person designated by the operator 
who is

[[Page 225]]

responsible for health and safety training at the mine. This person may 
be the operator.
    (3) A list of MSHA approved instructors with whom the operator 
proposes to make arrangements to teach the courses, and the courses each 
instructor is qualified to teach.
    (4) The location where training will be given for each course.
    (5) A description of the teaching methods and the course materials 
which are to be used in training.
    (6) The approximate number of miners employed at the mine and the 
maximum number who will attend each session of training.
    (7) The predicted time or periods of time when regularly scheduled 
refresher training will be given. This schedule shall include the titles 
of courses to be taught, the total number of instruction hours for each 
course, and the predicted time and length of each session of training.
    (8) For the purposes of Sec. 48.7 (New task training of miners) of 
this subpart A, the operator shall submit:
    (i) A complete list of task assignments to correspond with the 
definition of ``task'' in Sec. 48.2 (f) of this subpart A.
    (ii) The titles of personnel conducting the training for this 
section.
    (iii) The outline of training procedures used in training miners in 
those work assignments listed according to paragraph (c)(8)(i) of this 
section.
    (iv) The evaluation procedures used to determine the effectiveness 
of training under Sec. 48.7 of this subpart A.
    (d) The operator shall furnish to the representative of the miners a 
copy of the training plan two weeks prior to its submission to the 
District Manager. Where a miners' representative is not designated, a 
copy of the plan shall be posted on the mine bulletin board 2 weeks 
prior to its submission to the District Manager. Written comments 
received by the operator from miners or their representatives shall be 
submitted to the District Manager. Miners or their representatives may 
submit written comments directly to the District Manager.
    (e) All training required by the training plan submitted to and 
approved by the District Manager as required by this subpart A shall be 
subject to evaluation by the District Manager to determine the 
effectiveness of the training programs. If it is deemed necessary, the 
District Manager may require changes in, or additions to, programs. Upon 
request from the District Manager the operator shall make available for 
evaluation the instructional materials, handouts, visual aids and other 
teaching accessories used or to be used in the training programs. Upon 
request from the District Manager the operator shall provide information 
concerning the schedules of upcoming training.
    (f) The operator shall make a copy of the MSHA approved training 
plan available at the mine site for MSHA inspection and for examination 
by the miners and their representatives.
    (g) Except as provided in Sec. 48.7 (New task training of miners) 
and Sec. 48.11 (Hazard training) of this subpart A, all courses shall 
be conducted by MSHA approved instructors.
    (h) Instructors shall be approved by the District Manager in one or 
more of the following ways:
    (1) Instructors shall take an instructor's training course conducted 
by the District Manager or given by persons designated by the District 
Manager to give such instruction; and instructors shall have 
satisfactorily completed a program of instruction approved by the Office 
of Educational Policy and Development, MSHA, in the subject matter to be 
taught.
    (2) Instructors may be designated by MSHA as approved instructors to 
teach specific courses based on written evidence of the instructors' 
qualifications and teaching experience.
    (3) At the discretion of the District Manager, instructors may be 
designated by MSHA as approved instructors to teach specific courses 
based on the performance of the instructors while teaching classes 
monitored by MSHA. Operators shall indicate in the training plans 
submitted for approval whether they want to have instructors approved 
based on monitored performance. The District Manager shall consider such 
factors as the size of the mine, the number of employees, the mine 
safety record and remoteness from a training facility when determining 
whether instructor approval

[[Page 226]]

based on monitored performance is appropriate.
    (4) On the effective date of this subpart A, cooperative instructors 
who have been designated by MSHA to teach MSHA approved courses and who 
have taught such courses within the 24 months prior to the effective 
date of this subpart shall be considered approved instructors for such 
courses.
    (i) Instructors may have their approval revoked by MSHA for good 
cause which may include not teaching a course at least once every 24 
months. Before any revocation is effective, the District Manager must 
send written reasons for revocation to the instructor and the instructor 
shall be given an opportunity to demonstrate or achieve compliance 
before the District Manager on the matter. A decision by the District 
Manager to revoke an instructor's approval may be appealed by the 
instructor to the Administrator for Coal Mine Safety and Health or 
Administrator for Metal and Non-metal Safety and Health, as appropriate, 
MSHA, 1100 Wilson Blvd., Room 2424 (Coal) or Room 2436 (Metal and 
Nonmetal), Arlington, Virginia 22209-3939. Such an appeal shall be 
submitted to the Administrator within 5 days of notification of the 
District Manager's decision. Upon revocation of an instructor's 
approval, the District Manager shall immediately notify operators who 
use the instructor for training.
    (j) The District Manager for the area in which the mine is located 
shall notify the operator and the miners' representative, in writing, 
within 60 days from the date on which the training plan is filed, of the 
approval or status of the approval of the training programs.
    (1) If revisions are required for approval, or to retain approval 
thereafter, the revisions required shall be specified to the operator 
and the miners' representative and the operator and the miners' 
representative shall be afforded an opportunity to discuss the revisions 
with the District Manager, or to propose alternate revisions or changes. 
The District Manager, in consultation with the operator and the 
representative of the miners, shall fix a time within which the 
discussion will be held, or alternate revisions or changes submitted, 
before final approval is made.
    (2) The District Manager may approve separate programs of the 
training plan and withhold approval of other programs, pending 
discussion of revisions or submission of alternate revisions or changes.
    (k) Except as provided under Sec. 48.8(c) (Annual refresher 
training of miners) of this subpart A, the operator shall commence 
training of miners within 60 days after approval of the training plan, 
or approved programs of the training plan.
    (l) The operator shall notify the District Manager of the area in 
which the mine is located, and the miners' representative of any changes 
or modifications the operator proposes to make in the approved training 
plan. The operator shall obtain the approval of the District Manager for 
such changes or modifications.
    (m) In the event the District Manager disapproves a training plan or 
a proposed modification of a training plan or requires changes in a 
training plan or modification, the District Manager shall notify the 
operator and the miners' representative in writing of:
    (1) The specific changes or items of deficiency.
    (2) The action necessary to effect the changes or bring the 
disapproved training plan or modification into compliance.
    (3) The deadline for completion of remedial action to effect 
compliance, which shall serve to suspend punitive action under the 
provisions of sections 104 and 110 of the Act and other related 
regulations until that established deadline date, except that no such 
suspension shall take place in imminent danger situations.
    (n) The operator shall post on the mine bulletin board, and provide 
to the miners' representative, a copy of all MSHA revisions and 
decisions which concern the training plan at the mine

[[Page 227]]

and which are issued by the District Manager

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[43 FR 47459, Oct. 13, 1978; 44 FR 1980, Jan. 9, 1979, as amended at 47 
FR 14696, Apr. 6, 1982; 47 FR 23640, May 28, 1982; 47 FR 28095, June 29, 
1982; 60 FR 33722, June 29, 1995; 63 FR 53759, Oct. 6, 1998; 67 FR 
38384, June 4, 2002]



Sec. 48.4  Cooperative training program.

    (a) An operator of a mine may conduct his own training programs, or 
may participate in training programs conducted by MSHA, or may 
participate in MSHA approved training programs conducted by State or 
other Federal agencies, or associations of mine operators, miners' 
representatives, other mine operators, private associations, or 
educational institutions.
    (b) Each program and course of instruction shall be given by 
instructors who have been approved by MSHA to instruct in the courses 
which are given, and such courses and the training programs shall be 
adapted to the mining operations and practices existing at the mine and 
shall be approved by the District Manager for the area in which the mine 
is located.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23640, May 28, 1982]



Sec. 48.5  Training of new miners; minimum courses of instruction; hours 
of instruction.

    (a) Each new miner shall receive no less than 40 hours of training 
as prescribed in this section before such miner is assigned to work 
duties. Such training shall be conducted in conditions which as closely 
as practicable duplicate actual underground conditions, and 
approximately 8 hours of training shall be given at the minesite.
    (b) The training program for new miners shall include the following 
courses:
    (1) Instruction in the statutory rights of miners and their 
representatives under the Act; authority and responsibility of 
supervisors. The course shall include instruction in the statutory 
rights of miners and their representatives under the Act, including a 
discussion of section 2 of the Act; a review and description of the line 
of authority of supervisors and miners' representatives and the 
responsibilities of such supervisors and miners' representatives; and an 
introduction to the operator's rules and the procedures for reporting 
hazards.
    (2) Self-rescue and respiratory devices. The course shall include 
instruction and demonstration in the use, care, and maintenance of self-
rescue and respiratory devices used at the mine. Training in the use of 
self-contained self-rescue devices shall include complete donning 
procedures in which each person assumes a donning position, opens the 
device, activates the device, inserts the mouthpiece or simulates this 
task while explaining proper insertion of the mouthpiece, and puts on 
the nose clip. The course shall be given before the new miner goes 
underground.
    (3) Entering and leaving the mine; transportation; communications. 
The course shall include instruction on the procedures in effect for 
entering and leaving the mine; the check-in and checkout system in 
effect at the mine; the procedures for riding on and in mine 
conveyances; the controls in effect for the transportation of miners and 
materials; and the use of the mine communication systems, warning 
signals, and directional signs.
    (4) Introduction to the work environment. The course shall include a 
visit and tour of the mine, or portions of the mine which are 
representative of the entire mine. A method of mining utilized at the 
mine shall be observed and explained.
    (5) Mine map; escapeways; emergency evacuation; barricading. The 
course shall include a review of the mine map; the escapeway system; the 
escape, firefighting, and emergency evacuation plans in effect at the 
mine; and the location of abandoned areas. Also included shall be an 
introduction to the methods of barricading and the locations of the 
barricading materials, where applicable. The program of instruction for 
escapeways and emergency evacuation plans approved by the District 
Manager shall be used for this course.
    (6) Roof or ground control and ventilation plans. The course shall 
include an introduction to and instruction on the roof or ground control 
plan in effect at the mine and procedures for roof and

[[Page 228]]

rib or ground control; and an introduction to and instruction on the 
ventilation plan in effect at the mine and the procedures for 
maintaining and controlling ventilation.
    (7) Health. The course shall include instruction on the purpose of 
taking dust, noise, and other health measurements, and any health 
control plan in effect at the mine shall be explained. The health 
provisions of the act and warning labels shall also be explained.
    (8) Cleanup; rock dusting. The course shall include instruction on 
the purpose of rock dusting and the cleanup and rock dusting program in 
effect at the mine, where applicable.
    (9) Hazard recognition. The course shall include the recognition and 
avoidance of hazards present in the mine, particularly any hazards 
related to explosives where explosives are used or stored at the mine.
    (10) Electrical hazards. The course shall include recognition and 
avoidance of electrical hazards.
    (11) First aid. The course shall include instruction in first aid 
methods acceptable to MSHA.
    (12) Mine gases. The course shall include instruction in the 
detection and avoidance of hazards associated with mine gases.
    (13) Health and safety aspects of the tasks to which the new miner 
will be assigned. The course shall include instruction in the health and 
safety aspects of the tasks to be assigned, including the safe work 
procedures of such tasks, the mandatory health and safety standards 
pertinent to such tasks, information about the physical and health 
hazards of chemicals in the miner's work area, the protective measures a 
miner can take against these hazards, and the contents of the mine's 
HazCom program.
    (14) Such other courses as may be required by the District Manager 
based on circumstances and conditions at the mine.
    (c) Methods, including oral, written, or practical demonstration, to 
determine successful completion of the training shall be included in the 
training plan. The methods for determining such completion shall be 
administered to the miner before he is assigned work duties.
    (d) A newly employed miner who has less than 12 months of mining 
experience and has received the courses and hours of instruction in 
paragraphs (a) and (b) of this section, within 36 months preceding 
employment at a mine, does not have to repeat this training. Before the 
miner starts work, the operator must provide the miner with the 
experienced miner training in Sec. 48.6(b) of this part and, if 
applicable, the new task training in Sec. 48.7 of this part. The 
operator must also provide the miner with annual refresher training and 
additional new task training, as applicable.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23640, May 28, 1982; 53 
FR 10335, Mar. 30, 1988; 63 FR 53760, Oct. 6, 1998; 67 FR 42388, June 
21, 2002]



Sec. 48.6  Experienced miner training.

    (a) Except as provided in paragraph (e), this section applies to 
experienced miners who are--
    (1) Newly employed by the operator;
    (2) Transferred to the mine;
    (3) Experienced underground miners transferred from surface to 
underground; or
    (4) Returning to the mine after an absence of more than 12 months.
    (b) Experienced miners must complete the training prescribed in this 
section before beginning work duties. Each experienced miner returning 
to mining following an absence of 5 years or more, must receive at least 
8 hours of training. The training must include the following 
instruction:
    (1) Introduction to work environment. The course shall include a 
visit and tour of the mine. The methods of mining utilized at the mine 
shall be observed and explained.
    (2) Mandatory health and safety standards. The course shall include 
the mandatory health and safety standards pertinent to the tasks to be 
assigned.
    (3) Authority and responsibility of supervisors and miners' 
representatives. The course shall include a review and description of 
the line of authority of supervisors and miners' representatives and the 
responsibilities of such supervisors and miners' representatives; and an 
introduction to the operator's rules and the procedures for reporting 
hazards.

[[Page 229]]

    (4) Entering and leaving the mine; transportation; communications. 
The course shall include instruction in the procedures in effect for 
entering and leaving the mine; the check-in and checkout system in 
effect at the mine; the procedures for riding on and in mine 
conveyances; the controls in effect for the transportation of miners and 
materials; and the use of the mine communication systems, warning 
signals, and directional signs.
    (5) Mine map; escapeways; emergency evacuation; barricading. The 
course shall include a review of the mine map; the escapeway system; the 
escape, firefighting, and emergency evacuation plans in effect at the 
mine; the location of abandoned areas; and, where applicable, methods of 
barricading and the locations of barricading materials. The program of 
instruction for escapeways and emergency evacuation plans approved by 
the District Manager shall be used for this course.
    (6) Roof or ground control and ventilation plans. The course shall 
include an introduction to and instruction on the roof or ground control 
plan in effect at the mine and procedures for roof and rib or ground 
control; and an introduction to and instruction on the ventilation plan 
in effect at the mine and the procedures for maintaining and controlling 
ventilation.
    (7) Hazard recognition. The course must include the recognition and 
avoidance of hazards present in the mine.
    (8) Prevention of accidents. The course must include a review of the 
general causes of accidents applicable to the mine environment, causes 
of specific accidents at the mine, and instruction in accident 
prevention in the work environment.
    (9) Emergency medical procedures. The course must include 
instruction on the mine's emergency medical arrangements and the 
location of the mine's first aid equipment and supplies.
    (10) Health. The course must include instruction on the purpose of 
taking dust, noise, and other health measurements, where
    (11) Health and safety aspects of the tasks to which the experienced 
miner is assigned. The course must include instruction in the health and 
safety aspects of the tasks assigned, including the safe work procedures 
of such tasks, information about the physical and health hazards of 
chemicals in the miner's work area, the protective measures a miner can 
take against these hazards, and the contents of the mine's HazCom 
program. Experienced miners who must complete new task training under 
Sec. 48.7 do not need to take training under this paragraph.
    (12) Self-rescue and respiratory devices. The course shall include 
instruction and demonstration in the use, care, and maintenance of self-
rescue and respiratory devices used at the mine. Training in the use of 
self-contained self-rescue devices shall include complete donning 
procedures in which each person assumes a donning position, opens the 
device, activates the device, inserts the mouthpiece or simulates this 
task while explaining proper insertion of the mouthpiece, and puts on 
the nose clip.
    (13) Such other courses as may be required by the District Manager 
based on circumstances and conditions at the mine.
    (c) The operator may include instruction on additional safety and 
health subjects based on circumstances and conditions at the mine.
    (d) The training time spent on individual subjects must vary 
depending upon the training needs of the miners.
    (e) Any miner returning to the same mine, following an absence of 12 
months or less, must receive training on any major changes to the mine 
environment that have occurred during the miner's absence and that could 
adversely affect the miner's health or safety.
    (1) A person designated by the operator who is knowledgeable of 
these changes must conduct the training in this paragraph. An MSHA 
approved instructor is not required to conduct the training outlined in 
this paragraph.
    (2) No record of this training is required.
    (3) The miner must also complete annual refresher training as 
required in

[[Page 230]]

Sec. 48.8, if the miner missed taking that training during the absence.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23640, May 28, 1982; 53 
FR 10335, Mar. 30, 1988; 53 FR 12415, Apr. 14, 1988; 63 FR 53760, Oct. 
6, 1998; 67 FR 42388, June 21, 2002]



Sec. 48.7  Training of miners assigned to a task in which they have had 
no previous experience; minimum courses of instruction.

    (a) Miners assigned to new work tasks as mobile equipment operators, 
drilling machine operators, haulage and conveyor systems operators, roof 
and ground control machine operators, and those in blasting operations 
shall not perform new work tasks in these categories until training 
prescribed in this paragraph and paragraph (b) of this section has been 
completed. This training shall not be required for miners who have been 
trained and who have demonstrated safe operating procedures for such new 
work tasks within 12 months preceding assignment. This training shall 
also not be required for miners who have performed the new work tasks 
and who have demonstrated safe operating procedures for such new work 
tasks within 12 months preceding assignment. The training program shall 
include the following:
    (1) Health and safety aspects and safe operating procedures for work 
tasks, equipment, and machinery. The training shall include instruction 
in the health and safety aspects and the safe operating procedures 
related to the assigned tasks, including information about the physical 
and health hazards of chemicals in the miner's work area, the protective 
measures a miner can take against these hazards, and the contents of the 
mine's HazCom program. The training shall be given in an on-the-job 
environment; and
    (2)(i) Supervised practice during nonproduction. The training shall 
include supervised practice in the assigned tasks, and the performance 
of work duties at times or places where production is not the primary 
objective; on
    (ii) Supervised operation during production. The training shall 
include, while under direct and immediate supervision and production is 
in progress, operation of the machine or equipment and the performance 
of work duties.
    (3) New or modified machines and equipment. Equipment and machine 
operators shall be instructed in safe operating procedures applicable to 
new or modified machines or equipment to be installed or put into 
operation in the mine, which require new or different operating 
procedures.
    (4) Such other courses as may be required by the District Manager 
based on circumstances and conditions at the mine.
    (b) Miners under paragraph (a) of this section shall not operate the 
equipment or machine or engage in blasting operations without direction 
and immediate supervision until such miners have demonstrated safe 
operating procedures for the equipment or machine or blasting operation 
to the operator or the operator's agent.
    (c) Miners assigned a new task not covered in paragraph (a) of this 
section shall be instructed in the safety and health aspects and safe 
work procedures of the task, including information about the physical 
and health hazards of chemicals in the miner's work area, the protective 
measures a miner can take against these hazards, and the contents of the 
mine's HazCom program, prior to performing such task.
    (d) Any person who controls or directs haulage operations at a mine 
shall receive and complete training courses in safe haulage procedures 
related to the haulage system, ventilation system, firefighting 
procedures, and emergency evacuation procedures in effect at the mine 
before assignment to such duties.
    (e) All training and supervised practice and operation required by 
this section shall be given by a qualified trainer, or a supervisor 
experienced in the assigned tasks, or other person experienced in the 
assigned tasks.

[43 FR 47459, Oct. 13, 1978, as amended at 44 FR 1980, Jan. 9, 1979; 47 
FR 23640, May 28, 1982; 67 FR 42388, June 21, 2002]



Sec. 48.8  Annual refresher training of miners; minimum courses of 

instruction; hours of instruction.

    (a) Each miner shall receive a minimum of 8 hours of annual 
refresher training as prescribed in this section.

[[Page 231]]

    (b) The annual refresher training program for all miners shall 
include the following courses of instruction:
    (1) Mandatory health and safety standards. The course shall include 
mandatory health and safety standard requirements which are related to 
the miner's tasks.
    (2) Transportation controls and communication systems. The course 
shall include instruction on the procedures for riding on and in mine 
conveyances; the controls in effect for the transportation of miners and 
materials; and the use of the mine communication systems, warning 
signals, and directional signs.
    (3) Barricading. The course shall include a review of the methods of 
barricading and locations of barricading materials, where applicable.
    (4) Roof or ground control, ventilation, emergency evacuation and 
firefighting plans. The course shall include a review of roof or ground 
control plans in effect at the mine and the procedures for maintaining 
and controlling ventilation. In addition, for underground coal mines the 
course shall include a review of the emergency evacuation and 
firefighting plans in effect at the mine.
    (5) First aid. The course shall include a review of first aid 
methods acceptable to MSHA.
    (6) Electrical hazards. The course shall include recognition and 
avoidance of electrical hazards.
    (7) Prevention of accidents. The course shall include a review of 
accidents and causes of accidents, and instruction in accident 
prevention in the work environment.
    (8) Self-rescue and respiratory devices. The course shall include 
instruction and demonstration in the use, care, and maintenance of self-
rescue and respiratory devices used at the mine. Training in the use of 
self-contained self-rescue devices shall include complete donning 
procedures in which each person assumes a donning position, opens the 
device, activates the device, inserts the mouthpiece or simulates this 
task while explaining proper insertion of the mouthpiece, and puts on 
the nose clip.
    (9) Explosives. The course shall include a review and instruction on 
the hazards related to explosives. The only exception to this course 
component is when there are no explosives used or stored on the mine 
property.
    (10) Mine gases. The course shall include instruction in the 
detection and avoidance of hazards associated with mine gases.
    (11) Health. The course shall include instruction on the purpose of 
taking dust, noise, and other health measurements and any health control 
plan in effect at the mine shall be explained. The health provisions of 
the Act and warning labels shall also be explained.
    (12) Such other courses as may be required by the District Manager 
based on circumstances and conditions at the mine.
    (c) Refresher training may include other health and safety subjects 
that are relevant to mining operations at the mine. Recommended subjects 
include, but are not limited to, information about the physical and 
health hazards of chemicals in the miner's work area, the protective 
measures a miner can take against these hazards, and the contents of the 
mine's HazCom program.
    (d) All coal supervisors who are subject to Sec. 75.161(a) of this 
chapter must receive annual refresher training required by this section 
within 12 months of October, 1998.
    (e) Where annual refresher training is conducted periodically, such 
sessions shall not be less than 30 minutes of actual instruction time 
and the miners shall be notified that the session is part of annual 
refresher training.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23640, May 28, 1982; 53 
FR 10336, Mar. 30, 1988; 63 FR 53760, Oct. 6, 1998; 67 FR 42389, June 
21, 2002; 67 FR 76665, Dec. 12, 2002; 68 FR 53049, Sept. 9, 2003]



Sec. 48.9  Records of training.

    (a) Upon a miner's completion of each MSHA approved training 
program, the operator shall record and certify on MSHA form 5000-23 that 
the miner has received the specified training. A copy of the training 
certificate shall be given to the miner at the completion of the 
training. The training certificates for each miner shall be available at 
the minesite for inspection by MSHA and for examination by the miners, 
the miner's representative, and

[[Page 232]]

State inspection agencies. When a miner leaves the operator's employ, 
the miner shall be entitled to a copy of his training certificates.
    (b) False certification that training was given shall be punishable 
under section 110 (a) and (f) of the Act.
    (c) Copies of training certificates for currently employed miners 
shall be kept at the minesite for 2 years, or for 60 days after 
termination of employment.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 14706, Apr. 6, 1982; 60 
FR 33722, June 29, 1995]



Sec. 48.10  Compensation for training.

    (a) Training shall be conducted during normal working hours; miners 
attending such training shall receive the rate of pay as provided in 
Sec. 48.2(d) (Definition of normal working hours) of this subpart A.
    (b) If such training shall be given at a location other than the 
normal place of work, miners shall be compensated for the additional 
cost, such as mileage, meals, and lodging, they may incur in attending 
such training sessions.



Sec. 48.11  Hazard training.

    (a) Operators shall provide to those miners, as defined in Sec. 
48.2(a)(2) (Definition of miner) of this subpart A, a training program 
before such miners commence their work duties. This training program 
shall include the following instruction, which is applicable to the 
duties of such miners:
    (1) Hazard recognition and avoidance;
    (2) Emergency and evacuation procedures;
    (3) Health and safety standards, safety rules, and safe working 
procedures;
    (4) Use of self-rescue and respiratory devices, with self-contained 
self-rescue device training that includes complete donning procedures in 
which each person assumes a donning position, opens the device, 
activates the device, inserts the mouthpiece or simulates this task 
while explaining proper insertion of the mouthpiece, and puts on the 
nose clip; and
    (5) Such other instruction as may be required by the District 
Manager based on circumstances and conditions at the mine.
    (b) Miners shall receive the instruction required by this section at 
least once every 12 months.
    (c) The training program required by this section shall be submitted 
with the training plan required by Sec. 48.3(a) (Training plans: 
Submission and approval) of this subpart A and shall include a statement 
on the methods of instruction to be used.
    (d) In accordance with Sec. 48.9 (Records of training) of this 
subpart A, the operator shall maintain and make available for inspection 
certificates that miners have received the hazard training required by 
this section.
    (e) Miners subject to hazard training shall be accompanied at all 
times while underground by an experienced miner, as defined in Sec. 
48.2(b) (Definition of miner) of this subpart A.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23640, May 25, 1982; 53 
FR 10336, Mar. 30, 1988]



Sec. 48.12  Appeals procedures.

    The operator, miner, and miners' representative shall have the right 
of appeal from a decision of the District Manager.
    (a) In the event an operator, miner, or miners' representative 
decides to appeal a decision by a District Manager, such an appeal shall 
be submitted, in writing, to the Administrator for Coal Mine Safety and 
Health or Administrator for Metal and Non-metal Safety and Health, as 
appropriate, MSHA, 4015 Wilson Boulevard, Arlington, Va. 22203, within 
30 days of notification of the District Manager's decision.
    (b) The Administrator may require additional information from the 
operator, the miners, or their representatives, and the District 
Manager, if the Administrator determines such information is necessary.
    (c) The Administrator shall render a decision on the appeal within 
30 days after receipt of the appeal.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23640, May 28, 1982]

[[Page 233]]



Subpart B_Training and Retraining of Miners Working at Surface Mines and 
                   Surface Areas of Underground Mines



Sec. 48.21  Scope.

    The provisions of this subpart B set forth the mandatory 
requirements for submitting and obtaining approval of programs for 
training and retraining miners working at surface mines and surface 
areas of underground mines. Requirements regarding compensation for 
training and retraining are also included. The requirements for training 
and retraining miners working in underground mines are set forth in 
subpart A of this part. This part does not apply to training and 
retraining of miners at shell dredging, sand, gravel, surface stone, 
surface clay, colloidal phosphate, and surface limestone mines, which 
are covered under 30 CFR Part 46.

[43 FR 47459, Oct. 13, 1978, as amended at 64 FR 53130, Sept. 30, 1999]



Sec. 48.22  Definitions.

    For the purposes of this subpart B--
    (a)(1) Miner means, for purposes of Sec. Sec. 48.23 through 48.30 
of this subpart B, any person working in a surface mine or surface areas 
of an underground mine and who is engaged in the extraction and 
production process, or who is regularly exposed to mine hazards, or who 
is a maintenance or service worker employed by the operator or a 
maintenance or service worker contracted by the operator to work at the 
mine for frequent or extended periods. This definition shall include the 
operator if the operator works at the mine on a continuing, even if 
irregular, basis. Short-term, specialized contract workers, such as 
drillers and blasters, who are engaged in the extraction and production 
process and who have received training under Sec. 48.26 (Experienced 
miner training) of this subpart B, may in lieu of subsequent training 
under that section for each new employment, receive training under Sec. 
48.31 (Hazard training) of this subpart B. This definition does not 
include:
    (i) Construction workers and shaft and slope workers under subpart C 
of this Part 48;
    (ii) Any person covered under paragraph (a)(2) of this section.
    (2) Miner means, for purposes of Sec. 48.31 (Hazard training) of 
this subpart B, any person working in a surface mine, including any 
delivery, office, or scientific worker or occasional, short-term 
maintenance or service worker contracted by the operator, and any 
student engaged in academic projects involving his or her extended 
presence at the mine. This definition excludes persons covered under 
paragraph (a)(1) of this section and subpart C of this part.
    (b) Experienced miner means:
    (1) A miner who has completed MSHA-approved new miner training for 
surface miners or training acceptable to MSHA from a State agency and 
who has had at least 12 months of surface mining experience; or
    (2) A supervisor who is certified under an MSHA-approved State 
certification program and who is employed as a surface supervisor on 
October 6, 1998; or
    (3) An experienced surface miner on February 3, 1999.
    (c) New miner means a miner who is not an experienced miner.
    (d) Normal working hours means a period of time during which a miner 
is otherwise scheduled to work. This definition does not preclude 
scheduling training classes on the sixth or seventh working day if such 
a work schedule has been established for a sufficient period of time to 
be accepted as the operator's common practice. Miners shall be paid at a 
rate of pay which shall correspond to the rate of pay they would have 
received had they been performing their normal work tasks.
    (e) Operator means any owner, lessee, or other person who operates, 
controls, or supervises a surface mine or surface area of an underground 
mine; or any independent contractor identified as an operator performing 
services or construction at such time.
    (f) Task means a work assignment that includes duties of a job that 
occur on a regular basis and which requires physical abilitities and job 
knowledge.

[[Page 234]]

    (g) Act means the Federal Mine Safety and Health Act of 1977.

[43 FR 47459, Oct. 13, 1978; 44 FR 1980, Jan. 9, 1979, as amended at 63 
FR 53759, 53760, Oct. 6, 1998]



Sec. 48.23  Training plans; time of submission; where filed; information 

required; time for approval; method for disapproval; commencement of 
training; 
          approval of instructors.

    (a) Each operator of a mine shall have an MSHA approved plan 
containing programs for training new miners, training experienced 
miners, training miners for new tasks, annual refresher training, and 
hazard training for miners as follows:
    (1) In the case of a mine which is operating on the effective date 
of this subpart B, the operator of the mine shall submit such plan for 
approval within 150 days after the effective date of this subpart B.
    (2) Within 60 days after the operator submits the plan for approval, 
unless extended by MSHA, the operator shall have an approved plan for 
the mine.
    (3) In the case of a new mine which is to be opened or a mine which 
is to be reopened or reactivated after the effective date of this 
subpart B, the operator shall have an approved plan prior to opening the 
new mine, or reopening or reactivating the mine unless the mine is 
reopened or reactivated periodically using portable equipment and mobile 
teams of miners as a normal method of operation by the operator. The 
operator to be so excepted shall maintain an approved plan for training 
covering all mine locations which are operated with portable equipment 
and mobile teams of miners.
    (b) The training plan shall be filed with the District Manager for 
the area in which the mine is located.
    (c) Each operator shall submit to the District Manager the following 
information:
    (1) The company name, mine name, and MSHA identification number of 
the mine.
    (2) The name and position of the person designated by the operator 
who is responsible for health and safety training at the mine. This 
person may be the operator.
    (3) A list of MSHA approved instructors with whom the operator 
proposes to make arrangements to teach the courses, and the courses each 
instructor is qualified to teach.
    (4) The location where training will be given for each course.
    (5) A description of the teaching methods and the course materials 
which are to be used in training.
    (6) The approximate number of miners employed at the mine and the 
maximum number who will attend each session of training.
    (7) The predicted time or periods of time when regularly scheduled 
refresher training will be given. This schedule shall include the titles 
of courses to be taught, the total number of instruction hours for each 
course, and the predicted time and length of each session of training.
    (8) For the purposes of Sec. 48.27 (New task training of miners) of 
this subpart B, the operator shall submit:
    (i) A complete list of task assignments to correspond with the 
definition of ``task'' in Sec. 48.22(f) of this subpart B.
    (ii) The titles of personnel conducting the training for this 
section.
    (iii) The outline of training procedures used in training miners in 
those work assignments listed according to paragraph (c)(8)(i) of this 
section.
    (iv) The evaluation procedures used to determine the effectiveness 
of training under Sec. 48.27 of this subpart B.
    (d) The operator shall furnish to the representative of the miners a 
copy of the training plan 2 weeks prior to its submission to the 
District Manager. Where a miners' representative is not designated, a 
copy of the plan shall be posted on the mine bulletin board 2 weeks 
prior to its submission to the District Manager. Written comments 
received by the operator from miners or their representatives shall be 
submitted to the District Manager. Miners or their representatives may 
submit written comments directly to the District Manager.
    (e) All training required by the training plan submitted to and 
approved by the District Manager as required by

[[Page 235]]

this subpart B shall be subject to evaluation by the District Manager to 
determine the effectiveness of the training programs. If it is deemed 
necessary, the District Manager may require changes in, or additions to, 
programs. Upon request from the District Manager the operator shall make 
available for evaluation the instructional materials, handouts, visual 
aids, and other teaching accessories used or to be used in the training 
programs. Upon request from the District Manager the operator shall 
provide information concerning schedules of upcoming training.
    (f) The operator shall make a copy of the MSHA approved training 
plan available at the mine site for MSHA inspection and examination by 
the miners and their representatives.
    (g) Except as provided in Sec. 48.27 (New task training of miners) 
and Sec. 48.31 (Hazard training) of this subpart B, all courses shall 
be conducted by MSHA approved instructors.
    (h) Instructors shall be approved by the District Manager in one or 
more of the following ways:
    (1) Instructors shall take an instructor's training course conducted 
by the District Manager or given by persons designated by the District 
Manager to give such instruction; and instructors shall have 
satisfactorily completed a program of instruction approved by the Office 
of Educational Policy and Development, MSHA, in the subject matter to be 
taught.
    (2) Instructors may be designated by MSHA as approved instructors to 
teach specific courses based on written evidence of the instructors' 
qualifications and teaching experience.
    (3) At the discretion of the District Manager, instructors may be 
designated by MSHA as approved instructors to teach specific courses 
based on the performance of the instructors while teaching classes 
monitored by MSHA. Operators shall indicate in training plans submitted 
for approval whether they want to have instructors approved based on 
monitored performance. The District Manager shall consider such factors 
as the size of the mine, the number of employees, the mine safety record 
and remoteness from a training facility when determining whether 
instructor approval based on monitored performance is appropriate.
    (4) On the effective date of this subpart B, cooperative instructors 
who have been designated by MSHA to teach MSHA approved courses and who 
have taught such courses within 24 months prior to the effective date of 
this subpart shall be considered approved instructors for such courses.
    (i) Instructors may have their approval revoked by MSHA for good 
cause which may include not teaching a course at least once every 24 
months. Before any revocation is effective, the District Manager must 
send written reasons for revocation to the instructor and the instructor 
shall be given an opportunity to demonstrate or achieve compliance 
before the District Manager on the matter. A decision by the District 
Manager to revoke an instructor's approval may be appealed by the 
instructor to the Administrator for Coal Mine Safety and Health or 
Administrator for Metal and Non-metal Safety and Health, as appropriate, 
MSHA, 1100 Wilson Blvd., Room 2424 (Coal) or Room 2436 (Metal and 
Nonmetal), Arlington, Virginia 22209-3939. Such an appeal shall be 
submitted to the Administrator within 5 days of notification of the 
District Manager's decision. Upon revocation of an instructor's 
approval, the District Manager shall immediately notify operators who 
use the instructor for training.
    (j) The District Manager for the area in which the mine is located 
shall notify the operator and the miners' representative, in writing, 
within 60 days from the date on which the training plan is filed, of the 
approval or status of the approval of the training programs.
    (1) If revisions are required for approval, or to retain approval 
thereafter, the revisions required shall be specified to the operator 
and the miners' representative and the operator and the miners' 
representative shall be afforded an opportunity to discuss the revisions 
with the District Manager, or propose alternate revisions or changes. 
The District Manager, in consultation with the operator and the 
representative of miners, shall fix a time within

[[Page 236]]

which the discussion will be held, or alternate revisions or changes 
submitted, before final approval is made.
    (2) The District Manager may approve separate programs of the 
training plan and withhold approval of other programs, pending 
discussion of revisions or submission of alternate revisions or changes.
    (k) Except as provided under Sec. 48.28(c) (Annual refresher 
training of miners) of this subpart B, the operator shall commence 
training of miners within 60 days after approval of the training plan, 
or approved programs of the training plan.
    (l) The operator shall notify the District Manager of the area in 
which the mine is located and the miners' representative of any changes 
of modifications which the operator proposes to make in the approval 
training plan. The operator shall obtain the approval of the District 
Manager for such changes or modifications.
    (m) In the event the District Manager disapproves a training plan or 
a proposed modification of a training plan or requires changes in a 
training plan or modification, the District Manager shall notify the 
operator and the miners' representative in writing of:
    (1) The specific changes or items of deficiency.
    (2) The action necessary to effect the changes or bring the 
disapproved training plan or modification into compliance.
    (3) The deadline for completion of remedial action to effect 
compliance, which shall serve to suspend punitive action under the 
provisions of sections 104 and 110 of the Act and other related 
regulations until that established deadline date, except that no such 
suspension shall take place in imminent danger situations.
    (n) The operator shall post on the mine bulletin board, and provide 
to the miners' representative, a copy of all MSHA revisions and 
decisions which concern the training plan at the mine and which are 
issued by the District Manager.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 14696, Apr. 6, 1982; 47 
FR 23640, May 28, 1982; 47 FR 28095, June 29, 1982; 60 FR 33723, June 
29, 1995; 63 FR 52759, Oct. 6, 1998; 67 FR 38384, June 4, 2002]



Sec. 48.24  Cooperative training program.

    (a) An operator of a mine may conduct his own training programs, or 
may participate in training programs conducted by MSHA, or may 
participate in MSHA approved training programs conducted by State or 
other Federal agapproval; encies, or associations of mine operators, 
miners' representatives, other mine operators, private associations, or 
educational institutions.
    (b) Each program and course of instruction shall be given by 
instructors who have been approved by MSHA to instruct in the courses 
which are given, and such courses and the training programs shall be 
adapted to the mining operations and practices existing at the mine and 
shall be approved by the District Manager for the area in which the mine 
is located.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23641, May 28, 1982]



Sec. 48.25  Training of new miners; minimum courses of instruction; 
hours of instruction.

    (a) Each new miner shall receive no less than 24 hours of training 
as prescribed in this section. Except as otherwise provided in this 
paragraph, new miners shall receive this training before they are 
assigned to work duties. At the discretion of the District Manager, new 
miners may receive a portion of this training after assignment to work 
duties: Provided, That no less than 8 hours of training shall in all 
cases be given to new miners before they are assigned to work duties. 
The following courses shall be included in the 8 hours of training: 
Introduction to work environment, hazard recognition,

[[Page 237]]

and health and safety aspects of the tasks to which the new miners will 
be assigned. Following the completion of this preassignment training, 
new miners shall then receive the remainder of the required 24 hours of 
training, or up to 16 hours, within 60 days. Operators shall indicate in 
the training plans submitted for approval whether they want to train new 
miners after assignment to duties and for how many hours. In determining 
whether new miners may be given this training after they are assigned 
duties, the District Manager shall consider such factors as the mine 
safety record, rate of employee turnover and mine size. Miners who have 
not received the full 24 hours of new miner training shall be required 
to work under the close supervision of an experienced miner.
    (b) The training program for new miners shall include the following 
courses:
    (1) Instruction in the statutory rights of miners and their 
representatives under the Act; authority and responsibility of 
supervisors. The course shall include instruction in the statutory 
rights of miners and their representatives under the Act, including a 
discussion of section 2 of the Act; a review and description of the line 
of authority of supervisors and miners' representatives and the 
responsibilities of such supervisors and miners' representatives; and an 
introduction to the operator's rules and the procedures for reporting 
hazards.
    (2) Self-rescue and respiratory devices. The course shall include 
instruction and demonstration in the use, care, and maintenance of self-
rescue and respiratory devices, where applicable.
    (3) Transportation controls and communication systems. The course 
shall include instruction on the procedures in effect for riding on and 
in mine conveyances where applicable; the controls for the 
transportation of miners and materials; and the use of mine 
communication systems, warning signals, and directional signs.
    (4) Introduction to work environment. The course shall include a 
visit and tour of the mine, or portions of the mine which are 
representative of the entire mine. The method of mining or operation 
utilized shall be observed and explained.
    (5) Escape and emergency evacuation plans; firewarning and 
firefighting. The course shall include a review of the mine escape 
system, and escape and emergency evacuation plans in effect at the mine; 
and instruction in the firewarning signals and firefighting procedures.
    (6) Ground control; working in areas of highwalls, water hazards, 
pits and spoil banks; illumination and night work. The course shall 
include, where applicable, and introduction to and instruction on the 
highwall and ground control plans in effect at the mine; procedures for 
working safely in areas of highwalls, water hazards, pits and spoil 
banks; the illumination of work areas; and safe work procedures during 
the hours of darkness.
    (7) Health. The course shall include instruction on the purpose of 
taking dust measurements, where applicable, and noise and other health 
measurements, and any health control plan in effect at the mine shall be 
explained. The health provisions of the Act and warning labels shall 
also be explained.
    (8) Hazard recognition. The course shall include the recognition and 
avoidance of hazards present in the mine.
    (9) Electrical hazards. The course shall include recognition and 
avoidance of electrical hazards.
    (10) First aid. The course shall include instruction in first aid 
methods acceptable to MSHA.
    (11) Explosives. The course shall include a review and instruction 
on the hazards related to explosives. The only exception to this course 
component is when no explosives are used or stored on mine property.
    (12) Health and safety aspects of the tasks to which the new miner 
will be assigned. The course shall include instructions in the health 
and safety aspects of the tasks to be assigned, including the safe work 
procedures of such tasks, the mandatory health and safety standards 
pertinent to such tasks, information about the physical and health 
hazards of chemicals in the miner's work area, the protective measures a 
miner can take against these hazards, and the contents of the mine's 
HazCom program.

[[Page 238]]

    (13) Such other courses as may be required by the District Manager 
based on circumstances and conditions at the mine.
    (c) Methods, including oral, written or practical demonstration, to 
determine successful completion of the training shall be included in the 
training plan. Upon completion of training, the methods for determining 
successful completion shall be administered to the miner. The method for 
determining successful completion of pre-assignment training under 
paragraph (a) of this section shall be administered to the miner before 
he is assigned to work duties.
    (d) A newly employed miner who has less than 12 months of mining 
experience and has received the courses and hours of instruction in 
paragraphs (a) and (b) of this section, within 36 months preceding 
employment at a mine, does not have to repeat this training. Before the 
miner starts work, the operator must provide the miner with the 
experienced miner training in Sec. 48.26(b) of this part and, if 
applicable, the new task training in Sec. 48.27 of this part. The 
operator must also provide the miner with annual refresher training and 
additional new task training, as applicable.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23641, May 28, 1982; 63 
FR 53760, Oct. 6, 1998; 67 FR 42389, June 21, 2002]



Sec. 48.26  Experienced miner training.

    (a) Except as provided in paragraph (e), this section applies to 
experienced miners who are--
    (1) Newly employed by the operator;
    (2) Transferred to the mine;
    (3) Experienced surface miners transferred from underground to 
surface; or
    (4) Returning to the mine after an absence of more than 12 months.
    (b) Experienced miners must complete the training prescribed in this 
section before beginning work duties. Each experienced miner returning 
to mining following an absence of 5 years or more, must receive at least 
8 hours of training. The training must include the following 
instruction:
    (1) Introduction to work environment. The course shall include a 
visit and tour of the mine. The methods of mining or operations utilized 
at the mine shall be observed and explained.
    (2) Mandatory health and safety standards. The course shall include 
the mandatory health and safety standards pertinent to the tasks to be 
assigned.
    (3) Authority and responsibility of supervisors and miners' 
representatives. The course shall include a review and description of 
the line of authority of supervisors and miners' representatives and the 
responsibilities of such supervisors and miners' representatives; and an 
introduction to the operator's rules and the procedures for reporting 
hazards.
    (4) Transportation controls and communication systems. The course 
shall include instruction on the procedures in effect for riding on and 
in mine conveyances; the controls for the transportation of miners and 
materials; and the use of the mine communication systems, warning 
signals, and directional signs.
    (5) Escape and emergency evacuation plans; firewarning and 
firefighting. The course must include a review of the mine escape system 
and the escape and emergency evacuation plans in effect at the mine, and 
instruction in the firewarning signals and firefighting procedures in 
effect at the mine..
    (6) Ground controls; working in areas of highwalls, water hazards, 
pits, and spoil banks; illumination and night work. The course shall 
include, where applicable, an introduction to and instruction on the 
highwall and ground control plans in effect at the mine; procedures for 
working safely in areas of highwalls, water hazards, pits, and spoil 
banks, the illumination of work areas, and safe work procedures for 
miners during hours of darkness.
    (7) Hazard recognition. The course must include the recognition and 
avoidance of hazards present in the mine.
    (8) Prevention of accidents. The course must include a review of the 
general causes of accidents applicable to the mine environment, causes 
of specific accidents at the mine, and instruction in accident 
prevention in the work environment.
    (9) Emergency medical procedures. The course must include 
instruction on the

[[Page 239]]

mine's emergency medical arrangements and the location of the mine's 
first aid equipment and supplies.
    (10) Health. The course must include instruction on the purpose of 
taking dust, noise, and other health measurements, where applicable; 
must review the health provisions of the Act; and must explain warning 
labels and any health control plan in effect at the mine.
    (11) Health and safety aspects of the tasks to which the experienced 
miner is assigned. The course must include instruction in the health and 
safety aspects of the tasks assigned, including the safe work procedures 
of such tasks, information about the physical and health hazards of 
chemicals in the miner's work area, the protective measures a miner can 
take against these hazards, and the contents of the mine's HazCom 
program. Experienced miners who must complete new task training under 
Sec. 48.27 do not need to take training under this paragraph.
    (12) Such other courses as may be required by the District Manager 
based on circumstances and conditions at the mine.
    (c) The operator may include instruction in additional safety and 
health subjects based on circumstances and conditions at the mine.
    (d) The training time spent on individual subjects must vary 
depending upon the training needs of the miners.
    (e) Any miner returning to the same mine, following an absence of 12 
months or less, must receive training on any major changes to the mine 
environment that have occurred during the miner's absence and that could 
adversely affect the miner's health or safety.
    (1) A person designated by the operator who is knowledgeable of 
these changes must conduct the training in this paragraph. An MSHA 
approved instructor is not required to conduct the training outlined in 
this paragraph.
    (2) No record of this training is required.
    (3) The miner must complete annual refresher training as required in 
Sec. 48.28, if the miner missed taking that training during the 
absence.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23641, May 28, 1982; 63 
FR 53760, Oct. 6, 1998; 67 FR 42389, June 21, 2002]



Sec. 48.27  Training of miners assigned to a task in which they have had 
no previous experience; minimum courses of instruction.

    (a) Miners assigned to new work tasks as mobile equipment operators, 
drilling machine operators, haulage and conveyor systems operators, 
ground control machine operators, and those in blasting operations shall 
not perform new work tasks in these catergories until training 
prescribed in this paragraph and paragraph (b) of this section has been 
completed. This training shall not be required for miners who have been 
trained and who have demonstrated safe operating procedures for such new 
work tasks within 12 months preceding assignment. This training shall 
also not be required for miners who have performed the new work tasks 
and who have demonstrated safe operating procedures for such new work 
tasks within 12 months preceding assignment. The training program shall 
include the following:
    (1) Health and safety aspects and safe operating procedures for work 
tasks, equipment, and machinery. The training shall include instruction 
in the health and safety aspects and safe operating procedures related 
to the assigned task, including information about the physical and 
health hazards of chemicals in the miner's work area, the protective 
measures a miner can take against these hazards, and the contents of the 
mine's HazCom program. The training shall be given in an on-the-job 
environment; and
    (2)(i) Supervised practice during nonproduction. The training shall 
include supervised practice in the assigned tasks, and the performance 
of work duties at times or places where production is not the primary 
objective; or,
    (ii) Supervised operation during production. The training shall 
include, while under direct and immediate supervision and production is 
in progress, operation of the machine or equipment and the performance 
of work duties.

[[Page 240]]

    (3) New or modified machines and equipment. Equipment and machine 
operators shall be instructed in safe operating procedures applicable to 
new or modified machines or equipment to be installed or put into 
operation in the mine, which require new or different operating 
procedures.
    (4) Such other courses as may be required by the District Manager 
based on circumstances and conditions at the mine.
    (b) Miners under paragraph (a) of this section shall not operate the 
equipment or machine or engage in blasting operations without direction 
and immediate supervision until such miners have demonstrated safe 
operating procedures for the equipment or machine or blasting operation 
to the operator or the operator's agent.
    (c) Miners assigned a new task not covered in paragraph (a) of this 
section shall be instructed in the safety and health aspects and safe 
work procedures of the task, including information about the physical 
and health hazards of chemicals in the miner's work area, the protective 
measures a miner can take against these hazards, and the contents of the 
mine's HazCom program, prior to performing such task.
    (d) All training and supervised practice and operation required by 
this section shall be given by a qualified trainer, or a supervisor 
experienced in the assigned tasks, or other person experienced in the 
assigned tasks.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23640, May 28, 1982; 67 
FR 42389, June 21, 2002]



Sec. 48.28  Annual refresher training of miners; minimum courses of 
instruction; hours of instruction.

    (a) Each miner shall receive a mimimum of 8 hours of annual 
refresher training as prescribed in this section.
    (b) The annual refresher training program for all miners shall 
include the following courses of instruction:
    (1) Mandatory health and safety standards. The course shall include 
mandatory health and safety standard requirements which are related to 
the miner's tasks.
    (2) Transportation controls and communication systems. The course 
shall include instruction on the procedures for riding on and in mine 
conveyances; the controls in effect for the transportation of miners and 
materials; and the use of the mine communication systems, warning 
signals, and directional signs.
    (3) Escape and emergency evacuation plans; firewarning and 
firefighting. The course shall include a review of the mine escape 
system; escape and emergency evacuation plans in effect at the mine; and 
instruction in the firewarning signals and firefighting procedures.
    (4) Ground control; working in areas of highwalls, water hazards, 
pits, and spoil banks; illumination and night work. The course shall 
include, where applicable, a review and instruction on the highwall and 
ground control plans in effect at the mine; procedures for working 
safely in areas of highwalls, water hazards, pits, and spoil banks; the 
illumination of work areas; and safe work procedures during hours of 
darkness.
    (5) First aid. The course shall include a review of first aid 
methods acceptable to MSHA.
    (6) Electrical hazards. The course shall include recognition and 
avoidance of electrical hazards.
    (7) Prevention of accidents. the course shall include a review of 
accidents and causes of accidents, and instruction in accident 
prevention in the work environment.
    (8) Health. The course shall include instruction on the purpose of 
taking dust measurements, where applicable, and noise and other health 
measurements, and any health control plan in effect at the mine shall be 
explained. The health provisions of the Act and warning labels shall 
also be explained.
    (9) Explosives. The course shall include a review and instruction on 
the hazards related to explosives. The only exception to this course 
component is when there are no explosives used or stored on the mine 
property.
    (10) Self-rescue and respiratory devices. The course shall include 
instruction and demonstration in the use, care, and maintenance of self-
rescue and respiratory devices, where applicable.
    (11) Such other courses as may be required by the District Manager 
based

[[Page 241]]

on circumstances and conditions at the mine.
    (c) Refresher training may include other health and safety subjects 
that are relevant to mining operations at the mine. Recommended subjects 
include, but are not limited to, information about the physical and 
health hazards of chemicals in the miner's work area, the protective 
measures a miner can take against these hazards, and the contents of the 
mine's HazCom program.
    (d) All coal supervisors who are subject to Sec. 77.107-1 of this 
chapter must receive annual refresher training required by this section 
within 12 months of October, 1998.
    (e) Where annual refresher training is conducted periodically, such 
sessions shall not be less than 30 minutes of actual instruction time 
and the miners shall be notified that the session is part of annual 
refresher training.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23641, May 28, 1982; 63 
FR 53761, Oct. 6, 1998]



Sec. 48.29  Records of training.

    (a) Upon a miner's completion of each MSHA approved training 
program, the operator shall record and certify on MSHA form 5000-23 that 
the miner has received the specified training. A copy of the training 
certificate shall be given to the miner at the completion of the 
training. The training certificates for each miner shall be available at 
the mine site for inspection by MSHA and for examination by the miners, 
the miners' representative and State inspection agencies. When a miner 
leaves the operator's employ, the miner shall be entitled to a copy of 
his training certificates.
    (b) False certification that training was given shall be punishable 
under section 110 (a) and (f) of the Act.
    (c) Copies of training certificates for currently employed miners 
shall be kept at the mine site for 2 years, or for 60 days after 
termination of employment.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 14706, Apr. 6, 1982; 60 
FR 33723, June 29, 1995]



Sec. 48.30  Compensation for training.

    (a) Training shall be conducted during normal working hours; miners 
attending such training shall receive the rate of pay as provided in 
Sec. 48.22(d) (Definition of normal working hours) of this subpart B.
    (b) If such training shall be given at a location other than the 
normal place of work, miners shall be compensated for the additional 
costs, such a mileage, meals, and lodging, they may incur in attending 
such training sessions.



Sec. 48.31  Hazard training.

    (a) Operators shall provide to those miners, as defined in Sec. 
48.22(a) (2) (Definition of miner) of this subpart B, a training program 
before such miners commence their work duties. This training program 
shall include the following instruction, which is applicable to the 
duties of such miners:
    (1) Hazard recognition and avoidance;
    (2) Emergency and evacuation procedures;
    (3) Health and safety standards, safety rules and safe working 
procedures;
    (4) Self-rescue and respiratory devices; and,
    (5) Such other instruction as may be required by the District 
Manager based on circumstances and conditions at the mine.
    (b) Miners shall receive the instruction required by this section at 
least once every 12 months.
    (c) The training program required by this section shall be submitted 
with the training plan required by Sec. 48.23(a) (Training plans: 
Submission and approval) of this subpart B and shall include a statement 
on the methods of instruction to be used.

[[Page 242]]

    (d) In accordance with Sec. 48.29 (Records of training) of this 
subpart B, the operator shall maintain and make available for 
inspection, certificates that miners have received the instruction 
required by this section.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23641, May 28, 1982]



Sec. 48.32  Appeals procedures.

    The operator, miner, and miners' representative shall have the right 
of appeal from a decision of the District Manager.
    (a) In the event an operator, miner, or miners' representative 
decides to appeal a decision by the District Manager, such an appeal 
shall be submitted, in writing, to the Administrator for Coal Mine 
Safety and Health or Administrator for Metal and Non-metal Safety and 
Health, as appropriate, MSHA, 1100 Wilson Blvd., Room 2424 (Coal) or 
Room 2436 (Metal and Nonmetal), Arlington, Virginia, 22209-3939, within 
30 days of notification of the District Manager's decision.
    (b) The Administrator may require additional information from the 
operator, the miners or their representatives, and the District Manager, 
if the Administrator determines such information is necessary.
    (c) The Administrator shall render a decision on the appeal within 
30 days after receipt of the appeal.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23641, May 28, 1982; 67 
FR 38384, June 4, 2002]



PART 49_MINE RESCUE TEAMS--Table of Contents




Sec.
49.1 Purpose and scope.
49.2 Availability of mine rescue teams.
49.3 Alternative mine rescue capability for small and remote mines.
49.4 Alternative mine rescue capability for special mining conditions.
49.5 Mine rescue station.
49.6 Equipment and maintenance requirements.
49.7 Physical requirements for mine rescue team.
49.8 Training for mine rescue teams.
49.9 Mine emergency notification plan.
49.10 Effective date.

    Authority: 30 U.S.C. 811, 825(e), 957.

    Source: 45 FR 47002, July 11, 1980, unless otherwise noted.



Sec. 49.1  Purpose and scope.

    This part implements the provisions of Section 115(e) of the Federal 
Mine Safety and Health Act of 1977. Every operator of an underground 
mine shall assure the availability of mine rescue capability for 
purposes of emergency rescue and recovery.



Sec. 49.2  Availability of mine rescue teams.

    (a) Except where alternative compliance is permitted for small and 
remote mines (Sec. 49.3) or those mines operating under special mining 
conditions (Sec. 49.4), every operator of an underground mine shall:
    (1) Establish at least two mine rescue teams which are available at 
all times when miners are underground; or
    (2) Enter into an arrangement for mine rescue services which assures 
that at least two mine rescue teams are available at all times when 
miners are underground.
    (b) Each mine rescue team shall consist of five members and one 
alternate, who are fully qualified, trained, and equipped for providing 
emergency mine rescue service.
    (c) To be considered for membership on a mine rescue team, each 
person must have been employed in an underground mine for a minimum of 
one year within the past five years. For the purpose of mine rescue work 
only, miners who are employed on the surface but work regularly 
underground shall meet the experience requirement. The underground 
experience requirement is waived for those miners on a mine rescue team 
on the effective date of this rule.
    (d) Each operator shall arrange, in advance, ground transportation 
for rescue teams and equipment to the mine or mines served.
    (e) Upon the effective date of this part, the required rescue 
capability shall be present at all existing underground mines, upon 
initial excavation of a new underground mine entrance, or the re-opening 
of an existing underground mine.
    (f) Except where alternative compliance is permitted under Sec. 
49.3 or Sec. 49.4,

[[Page 243]]

no mine served by a mine rescue team shall be located more than two 
hours ground travel time from the mine rescue station with which the 
rescue team is associated.
    (g) As used in this part, mine rescue teams shall be considered 
available where teams are capable presenting themselves at the mine 
site(s) within a reasonable time after notification of an occurrence 
which might require their services. Rescue team members will be 
considered available even though performing regular work duties or in an 
off-duty capacity. The requirement that mine rescue teams be available 
shall not apply when teams are participating in mine rescue contests or 
providing services to another mine.
    (h) Each operator of an underground mine who provides rescue teams 
under this section shall send the District Manager a statement 
describing the mine's method of compliance with this part. The statement 
shall disclose whether the operator has independently provided mine 
rescue teams or entered into an agreement for the services of mine 
rescue teams. The name of the provider and the location of the services 
shall be included in the statement. A copy of the statement shall be 
posted at the mine for the miners' information. Where a miners' 
representative has been designated, the operator shall also provide the 
representative with a copy of the statement.



Sec. 49.3  Alternative mine rescue capability for small and remote mines.

    (a) If an underground mine is small and remote, an operator may 
provide for an alternative mine rescue capability. For the purposes of 
this part only, consideration for small and remote shall be given where 
the total underground employment of the operator's mine and any 
surrounding mine(s) within two hours ground travel time of the 
operator's mine is less than 36.
    (b) An application for alternative mine rescue capability shall be 
submitted to the District Manager for the district in which the mine is 
located for review and approval.
    (c) Each application for an alternative mine rescue capability shall 
contain:
    (1) The number of miners employed underground at the mine on each 
shift;
    (2) The distances from the two nearest mine rescue stations;
    (3) The total underground employment of mines within two hours 
ground travel time of the operator's mine;
    (4) The operator's mine fire, ground, and roof control history;
    (5) The operator's established escape and evacuation plan;
    (6) A statement by the operator evaluating the usefulness of 
additional refuge chambers to supplement those which may exist;
    (7) A statement by the operator as to the number of miners willing 
to serve on a mine rescue team;
    (8) The operator's alternative plan for assuring that a suitable 
mine rescue capability is provided at all times when miners are 
underground; and
    (9) Other relevant information about the operator's mine which may 
be requested by the District Manager.
    (d) A copy of the operator's application shall be posted at the 
mine. Where a miners' representative has been designated, the operator 
shall also provide the representative with a copy of the application.
    (e) In determining whether to approve an application for alternative 
compliance, the District Manager shall consider:
    (1) The individual circumstances of the small and remote mine;
    (2) Comments submitted by, or on behalf of, any affected miner; and
    (3) Whether the alternative mine rescue plan provides a suitable 
rescue capability at the operator's mine.
    (f) Where alternative compliance is approved by MSHA, the operator 
shall adopt the alternative plan and post a copy of the approved plan 
(with appropriate MSHA mine emergency telephone numbers) at the mine for 
the miners' information. Where a miners' representative has been 
designated, the operator shall also provide the representative with a 
copy of the approved plan.
    (g) The operator shall notify the District Manager of any changed 
condition or factor materially affecting information submitted in the 
application for alternative mine rescue capability.

[[Page 244]]

    (h)(1) An approved plan for alternative mine rescue capability shall 
be subject to revocation or modification for cause by MSHA, where it is 
determined that a condition or factor has changed which would materially 
alter the operator's mine rescue capability. If such action is 
contemplated, the operator will be notified, and given an opportunity to 
be heard before the appropriate District Manager.
    (2) If an application for alternative compliance is denied or 
revoked, the District Manager shall provide the reason for such denial 
or revocation in writing to the operator. The operator may appeal this 
decision in writing to the Administrator for Coal Mine Safety and Health 
or the Administrator for Metal and Nonmetal Mine Safety and Health, as 
appropriate, 1100 Wilson Blvd., Room 2424 (Coal) or Room 2436 (Metal and 
Nonmetal), Arlington, Virginia 22209-3939.

[45 FR 47002, July 11, 1980, as amended at 67 FR 38385, June 4, 2002]



Sec. 49.4  Alternative mine rescue capability for special mining conditions.

    (a) If an underground mine is operating under special mining 
conditions, the operator may provide an alternative mine rescue 
capability.
    (b) An application for alternative mine rescue capability shall be 
submitted to the District Manager for the district in which the mine is 
located for review and approval.
    (c) To be considered ``operating under special mining conditions,'' 
the operator must show that all of the following conditions are present:
    (1) The mine has multiple adits or entries;
    (2) The mined substance is noncombustible and the mining atmosphere 
nonexplosive;
    (3) There are multiple vehicular openings to all active mine areas, 
sufficient to allow fire and rescue vehicles full access to all parts of 
the mine in which miners work or travel;
    (4) Roadways or other openings are not supported or lined with 
combustible materials;
    (5) The mine shall not have a history of flammable-gas emission or 
accumulation, and the mined substance shall not have a history 
associated with flammable or toxic gas problems; and
    (6) Any reported gas or oil well or exploratory drill hole shall be 
plugged to within 100 feet above and below the horizon of the ore body 
or seam.
    (d) Each application shall contain:
    (1) An explanation of the special mining conditions;
    (2) The number of miners employed underground at the mine on each 
shift;
    (3) The distances from the two nearest mine rescue stations;
    (4) The operator's mine fire history;
    (5) The operator's established escape and evacuation plan;
    (6) The operator's alternative plan for assuring that a suitable 
mine rescue capability is provided at all times when miners are 
underground; and
    (7) Other relevant information about the operator's mine which may 
be requested by the District Manager.
    (e) A copy of the operator's application shall be posted at the 
mine. Where a miners' representative has been designated, the operator 
shall also provide the representative with a copy of the application.
    (f) In determining whether to approve an application for alternative 
compliance, the District Manager shall consider:
    (1) The individual circumstances of the mine operating under special 
mining conditions;
    (2) Comments submitted by, or on behalf of, any affected miner; and
    (3) Whether the alternative mine rescue plan provides a suitable 
rescue capability at the operator's mine.
    (g) Where alternative compliance is approved by MSHA the operator 
shall adopt the alternative plan and post a copy of the approved plan 
(with appropriate MSHA mine emergency telephone numbers) at the mine for 
the miners' information. Where a miners' representative has been 
designated, the operator shall also provide the representative with a 
copy of the alternative plan.
    (h) The operator shall notify the District Manager of any changed 
condition or factor materially affecting information submitted in the 
application for alternative mine rescue capability.
    (i)(1) An approved plan for alternative mine rescue capability shall 
be

[[Page 245]]

subject be to revocation or modification by MSHA, where it is determined 
that a condition or factor has changed which would materially alter the 
operator's mine rescue capability. If such action is contemplated, the 
operator will be notified and given an opportunity to be heard before 
the appropriate District Manager.
    (2) If an application for alternative compliance is denied or 
revoked, the District Manager shall provide the reason for such denial 
or revocation in writing to the operator. The operator may appeal this 
decision in writing to the Administrator for Coal Mine Safety and Health 
or the Administrator for Metal and Nonmetal Mine Safety and Health, as 
appropriate, 1100 Wilson Blvd., Room 2424 (Coal) or Room 2436 (Metal and 
Nonmetal), Arlington, Virginia 22209-3939.

[45 FR 47002, July 11, 1980, as amended at 67 FR 38385, June 4, 2002]



Sec. 49.5  Mine rescue station.

    (a) Except where alternative compliance is permitted, every operator 
of an underground mine shall designate, in advance, the location of the 
mine rescue station serving the mine.
    (b) Mine rescue stations are to provide a centralized storage 
location for rescue equipment. This centralized storage location may be 
either at the mine site, affiliated mines, or a separate mine rescue 
structure.
    (c) Mine rescue stations shall provide a proper storage environment 
to assure equipment readiness for immediate use.
    (d) Authorized representatives of the Secretary shall have the right 
of entry to inspect any designated mine rescue station.



Sec. 49.6  Equipment and maintenance requirements.

    (a) Each mine rescue station shall be provided with at least the 
following equipment:
    (1) Twelve self-contained oxygen breathing apparatus, each with a 
minimum of 2 hours capacity (approved by MSHA and NIOSH under 42 CFR 
part 84, subpart H), and any necessary equipment for testing such 
breathing apparatus;
    (2) A portable supply of liquid air, liquid oxygen, pressurized 
oxygen, oxygen generating or carbon dioxide absorbant chemicals, as 
applicable to the supplied breathing apparatus and sufficient to sustain 
each team for six hours while using the breathing apparatus during 
rescue operations;
    (3) One extra oxygen bottle (fully charged) for every six self-
contained compressed oxygen breathing apparatus;
    (4) One oxygen pump or a cascading system, compatible with the 
supplied breathing apparatus;
    (5) Twelve permissible cap lamps and a charging rack;
    (6) Two gas detectors appropriate for each type of gas which may be 
encountered at the mines served;
    (7) Two oxygen indicators or two flame safety lamps;
    (8) One portable mine rescue communication system (approved under 
part 23 of this title) or a sound-powered communication system. The 
wires or cable to the communication system shall be of sufficient 
tensile strength to be used as a manual communication system. These 
communication systems shall be at least 1,000 feet in length; and
    (9) Necessary spare parts and tools for repairing the breathing 
apparatus and communication system.
    (b) Mine rescue apparatus and equipment shall be maintained in a 
manner that will ensure readiness for immediate use. A person trained in 
the use and care of breathing apparatus shall inspect and test the 
apparatus at intervals not exceeding 30 days and shall certify by 
signature and date that the inspections and tests were done. When the 
inspection indicates that a corrective action is necessary, the 
corrective action shall be made and the person shall record the 
corrective action taken. The certification and the record of corrective 
action shall be maintained at the mine rescue station for a period of 
one year and made available on request to an authorized representative 
of the Secretary.

[45 FR 47002, July 11, 1980, as amended at 56 FR 1478, Jan. 14, 1991; 60 
FR 30400, June 8, 1995]

[[Page 246]]



Sec. 49.7  Physical requirements for mine rescue team.

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



Sec. 49.8  Training for mine rescue teams.

    (a) Prior to serving on a mine rescue team each member shall 
complete, at a minimum, an initial 20-hour course of instruction as 
prescribed by MSHA's Office of Educational Policy and Development, in 
the use, care, and maintenance of the type of breathing apparatus which 
will be used by the mine rescue team. The initial training requirement 
is waived for those miners on a mine rescue team on the effective date 
of this rule.
    (b) Upon completion of the initial training, all team members shall 
receive at least 40 hours of refresher training annually. This training 
shall be given at least 4 hours each month, or for a period of 8 hours 
every two months. This training shall include:
    (1) Sessions underground at least once each 6 months;
    (2) The wearing and use of the breathing apparatus by team members 
for a period of at least two hours while under oxygen every two months;
    (3) Where applicable, the use, care, capabilities, and limitations 
of auxiliary mine rescue equipment, or a different breathing apparatus;
    (4) Advanced mine rescue training and procedures; as prescribed by 
MSHA's Office of Educational Policy and Development; and
    (5) Mine map training and ventilation procedures.
    (c) A mine rescue team member will be ineligible to serve on a team 
if more than 8 hours of training is missed during one year, unless 
additional training is received to make up for the time missed.
    (d) The training courses required by this section shall be conducted 
by instructors who have been employed in an underground mine for a 
minimum of one year within the past five years, and who have received 
MSHA approval through:
    (1) Completion of an MSHA or State approved instructor's training 
course and the program of instruction in the subject matter to be 
taught.
    (2) Designation by the District Manager as approved instructors to 
teach specific courses, based on their qualifications and teaching 
experience. Previously approved instructors need not be re-designated to 
teach the approved courses as long as they have taught those courses 
within the 24 months prior to the effective date of this part. Where 
individuals are designated, the District Manager may waive the 
underground experience requirement.
    (e) The District Manager may revoke an instructor's approval for 
good cause.

[[Page 247]]

A written statement revoking the approval together with reasons for 
revocation shall be provided the instructor. The affected instructor may 
appeal the decision of the District Manager by writing to the 
Administrator for Coal Safety and Health or Administrator for a Metal 
and Non-Metal Safety and Health, as appropriate, MSHA, 1100 Wilson 
Blvd., Room 2424 (Coal) or Room 2436 (Metal and Nonmetal), Arlington, 
Virginia 22209-3939. The Administrator shall issue a decision on the 
appeal.
    (f) Upon request from the District Manager, the operator shall 
provide information concerning the schedule of upcoming training.
    (g) A record of training of each team member shall be on file at the 
mine rescue station for a period of one year.

[45 FR 47002, July 11, 1980, as amended at 47 FR 23641, May 28, 1982; 47 
FR 28095, June 29, 1982; 67 FR 38385, June 4, 2002]



Sec. 49.9  Mine emergency notification plan.

    (a) Each underground mine shall have a mine rescue notification plan 
outlining the procedures to follow in notifying the mine rescue teams 
when there is an emergency that requires their services.
    (b) A copy of the mine rescue notification plan shall be posted at 
the mine for the miners' information. Where a miners' representative has 
been designated, the operator shall also provide the representative with 
a copy of the plan.



Sec. 49.10  Effective date.

    All provisions and requirements of this part shall become effective 
on July 11, 1981.

[[Page 248]]



SUBCHAPTER I_ACCIDENTS, INJURIES, ILLNESSES, EMPLOYMENT, AND PRODUCTION 
                                IN MINES





PART 50_NOTIFICATION, INVESTIGATION, REPORTS AND RECORDS OF ACCIDENTS, 
INJURIES, ILLNESSES, EMPLOYMENT, AND COAL PRODUCTION IN MINES--Table of Contents




                            Subpart A_General

Sec.
50.1 Purpose and scope.
50.2 Definitions.

     Subpart B_Notification, Investigation, Preservation of Evidence

50.10 Immediate notification.
50.11 Investigation.
50.12 Preservation of evidence.

        Subpart C_Reporting of Accidents, Injuries, and Illnesses

50.20 Preparation and submission of MSHA Report Form 7000-1--Mine 
          Accident, Injury, and Illness Report.
50.20-1 General instructions for completing MSHA Form 7000-1.
50.20-2 Criteria--``Transfer to another job''.
50.20-3 Criteria--Differences between medical treatment and first aid.
50.20-4 Criteria--MSHA Form 7000-1, Section A.
50.20-5 Criteria--MSHA Form 7000-1, Section B.
50.20-6 Criteria--MSHA Form 7000-1, Section C.
50.20-7 Criteria--MSHA Form 7000-1, Section D.

        Subpart D_Quarterly Employment and Coal Production Report

50.30 Preparation and submission of MSHA Form 7000-2--Quarterly 
          Employment and Coal Production Report.
50.30-1 General instructions for completing MSHA Form 7000-2.

      Subpart E_Maintenance of Records; Verification of Information

50.40 Maintenance of records.
50.41 Verification of reports.

    Authority: 29 U.S.C. 577a; 30 U.S.C. 951, 957, 961.

    Source: 42 FR 65535, Dec. 30, 1977, unless otherwise noted.



                            Subpart A_General



Sec. 50.1  Purpose and scope.

    This part 50 implements sections 103(e) and 111 of the Federal Coal 
Mine Health and Safety Act of 1969, 30 U.S.C. 801 et seq., and sections 
4 and 13 of the Federal Metal and Nonmetallic Mine Safety Act, 30 U.S.C. 
721 et seq., and applies to operators of coal, metal, and nonmetallic 
mines. It requires operators to immediately notify the Mine Safety and 
Health Administration (MSHA) of accidents, requires operators to 
investigate accidents, and restricts disturbance of accident related 
areas. This part also requires operators to file reports pertaining to 
accidents, occupational injuries and occupational illnesses, as well as 
employment and coal production data, with MSHA, and requires operators 
to maintain copies of reports at relevant mine offices. The purpose of 
this part is to implement MSHA's authority to investigate, and to obtain 
and utilize information pertaining to, accidents, injuries, and 
illnesses occurring or originating in mines. In utilizing information 
received under part 50, MSHA will develop rates of injury occurrence 
(incident rates or IR), on the basis of 200,000 hours of employee 
exposure (equivalent to 100 employees working 2,000 hours per year). The 
incidence rate for a particular injury category will be based on the 
formula:

                         IR=no. of casesx200,000

                       hours of employee exposure

MSHA will develop data respecting injury severity using days away from 
work or days of restricted work activity and the 200,000 hour base as 
criteria. The severity measure (SM) for a particular injury category 
will be based on the formula:

[[Page 249]]

                         SM=sum of daysx200,000

                       hours of employee exposure

[42 FR 65535, Dec. 30, 1977; 43 FR 1617, Jan. 11, 1978, as amended at 43 
FR 12318, Mar. 24, 1978]



Sec. 50.2  Definitions.

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

[42 FR 65535, Dec. 30, 1977; 43 FR 1617, Jan. 11, 1978, as amended at 43 
FR 12318, Mar. 24, 1978; 69 FR 26499, May 13, 2004]

[[Page 250]]



     Subpart B_Notification, Investigation, Preservation of Evidence



Sec. 50.10  Immediate notification.

    If an accident occurs, an operator shall immediately contact the 
MSHA District Office having jurisdiction over its mine. If an operator 
cannot contact the appropriate MSHA District Office, it shall 
immediately contact the MSHA Headquarters Office in Arlington, Virginia 
by telephone, at (800) 746-1553.

[58 FR 63528, Dec. 2, 1993, as amended at 69 FR 26499, May 13, 2004]



Sec. 50.11  Investigation.

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

[42 FR 65535, Dec. 30, 1977, as amended at 69 FR 26499, May 13, 2004]



Sec. 50.12  Preservation of evidence.

    Unless granted permission by a MSHA District Manager Manager, no 
operator may alter an accident site or an accident related area until 
completion of all investigations pertaining to the accident except to 
the extent necessary to rescue or recover an individual, prevent or 
eliminate an imminent danger, or prevent destruction of mining 
equipment.

[42 FR 65535, Dec. 30, 1977; 43 FR 1617, Jan. 11, 1978, as amended at 69 
FR 26499, May 13, 2004]



        Subpart C_Reporting of Accidents, Injuries, and Illnesses



Sec. 50.20  Preparation and submission of MSHA Report Form 7000-1--Mine 
Accident, Injury, and Illness Report.

    (a) Each operator shall maintain at the mine office a supply of MSHA 
Mine Accident, Injury, and Illness Report Form 7000-1. These may be 
obtained from the MSHA District Office. Each operator shall report each 
accident, occupational injury, or occupational illness at the mine. The 
principal officer in charge of health and safety at the mine or the 
supervisor of the mine area in which an accident or occupational injury 
occurs, or an occupational illness may have originated, shall complete 
or review the form in accordance with the instructions and criteria in 
Sec. Sec. 50.20-1 through 50.20-7. If an occupational illness is 
diagnosed as being one of those listed in Sec. 50.20-6(b)(7), the 
operator must report it under this part. The operator shall mail 
completed forms to MSHA within ten working days after an accident or 
occupational injury occurs or an occupational illness

[[Page 251]]

is diagnosed. When an accident specified in Sec. 50.10 occurs, which 
does not involve an occupational injury, sections A, B, and items 5 
through 12 of section C of Form 7000-1 shall be completed and mailed to 
MSHA in accordance with the instructions in Sec. 50.20-1 and criteria 
contained in Sec. Sec. 50.20-4 through 50.20-6.
    (b) Each operator shall report each occupational injury or 
occupational illness on one set of forms. If more than one miner is 
injured in the same accident or is affected simultaneously with the same 
occupational illness, an operator shall complete a separate set of forms 
for each miner affected. To the extent that the form is not self-
explanatory, an operator shall complete the form in accordance with the 
instructions in Sec. 50.20-1 and criteria contained in Sec. Sec. 
50.20-2 through 50.20-7.

(Secs. 103 (a) and (h), and 508, Pub. L. 91-173, as amended by Pub. L. 
95-164, 91 Stat. 1297, 1299, 83 Stat. 803 (30 U.S.C. 801, 813, 957))

[42 FR 65535, Dec. 30, 1977, as amended at 44 FR 52828, Sept. 11, 1979; 
60 FR 35695, July 11, 1995; 69 FR 26499, May 13, 2004]



Sec. 50.20-1  General instructions for completing MSHA Form 7000-1.

    Each Form 7000-1 consists of four sheets, an original and three 
copies. The original form shall be mailed to:MSHA Office of Injury and 
Employment Information, P.O. Box 25367, Denver Federal Center, Denver, 
Colo. 80225, within ten working days after an accident, occupational 
injury or occupational illness. At the same time, the first copy shall 
be mailed to the appropriate local MSHA Mine Health and Safety District 
or Subdistrict office. If the first copy does not contain a completed 
Section D--Return to Duty Information--the second copy shall be retained 
by the operator until the miner returns to work or a final disposition 
is made respecting the miner. When the miner returns to work or a final 
disposition is made, the operator shall, within five days, complete 
Section D and mail the second copy to Denver Safety and Health 
Technology Center. A third copy, containing all the information in the 
first and second copies shall be retained at the mine office closest to 
the mine for a period of five years. You may also submit reports by 
facsimile, 888-231-5515. To file electronically, follow the instructions 
on MSHA Internet site, http://www.msha.gov. For assistance in electronic 
filing, contact the MSHA help desk at 877-778-6055.

[42 FR 65535, Dec. 30, 1977; 43 FR 1617, Jan. 11, 1978; 60 FR 35695, 
July 11, 1995, as amended at 69 FR 26499, May 13, 2004]



Sec. 50.20-2  Criteria--``Transfer to another job.''

    ``Transfer to another job'' means transfers, either temporary, or 
permanent, which are occasioned by a work-related injury or illness. 
Permanent or temporary transfers to remove miners from further exposure 
to health hazards are considered preventative in nature and are not 
required to be reported. Controlling the amount of exposure to radiation 
during some period of time is one example. Transfer of a coal miner to a 
less dusty area of a mine when the miner elects to exercise rights under 
Section 203(b) of the Federal Coal Mine Health and Safety Act of 1969 is 
another example.



Sec. 50.20-3  Criteria--Differences between medical treatment and first aid.

    (a) Medical treatment includes, but is not limited to, the suturing 
of any wound, treatment of fractures, application of a cast or other 
professional means of immobilizing an injured part of the body, 
treatment of infection arising out of an injury, treatment of bruise by 
the drainage of blood, surgical removal of dead or damaged skin 
(debridement), amputation or permanent loss of use of any part of the 
body, treatment of second and third degree burns. Procedures which are 
diagnostic in nature are not considered by themselves to constitute 
medical treatments. Visits to a physician, physical examinations, X-ray 
examinations, and hospitalization for observations, where no evidence of 
injury or illness is found and no medical treatment given, do not in 
themselves constitute medical treatment. Procedures which are preventive 
in nature also are not considered by themselves to constitute medical 
treatment. Tetanus and flu shots are considered preventative in nature.

[[Page 252]]

First aid includes any one-time treatment, and follow-up visit for the 
purpose of observation, of minor injuries such as, cuts, scratches, 
first degree burns and splinters. Ointments, salves, antiseptics, and 
dressings to minor injuries are considered to be first aid.
    (1) Abrasion. (i) First aid treatment is limited to cleaning a 
wound, soaking, applying antiseptic and nonprescription medication and 
bandages on the first visit and follow-up visits limited to observation 
including changing dressing and bandages. Additional cleaning and 
application of antiseptic constitutes first aid where it is required by 
work duties that soil the bandage.
    (ii) Medical treatment includes examination for removal of imbedded 
foreign material, multiple soakings, whirlpool treatment, treatment of 
infection, or other professional treatments and any treatment involving 
more than a minor spot-type injury. Treatment of abrasions occurring to 
greater than full skin depth is considered medical treatment.
    (2) Bruises. (i) First aid treatment is limited to a single soaking 
or application of cold compresses, and follow-up visits if they are 
limited only to observation.
    (ii) Medical treatment includes multiple soakings, draining of 
collected blood, or other treatment beyond observation.
    (3) Burns, Thermal and Chemical (resulting in destruction of tissue 
by direct contact). (i) First aid treatment is limited to cleaning or 
flushing the surface, soaking, applying cold compresses, antiseptics or 
nonprescription medications, and bandaging on the first visit, and 
follow-up visits restricted to observation, changing bandages, or 
additional cleaning. Most first degree burns are amenable to first aid 
treatment.
    (ii) Medical treatment includes a series of treatments including 
soaks, whirlpool, skin grafts, and surgical debridement (cutting away 
dead skin). Most second and third degree burns require medical 
treatment.
    (4) Cuts and Lacerations. (i) First aid treatment is the same as for 
abrasions except the application of butterfly closures for cosmetic 
purposes only can be considered first aid.
    (ii) Medical treatment includes the application of butterfly 
closures for non-cosmetic purposes, sutures, (stitches), surgical 
debridement, treatment of infection, or other professional treatment.
    (5) Eye Injuries. (i) First aid treatment is limited to irrigation, 
removal of foreign material not imbedded in eye, and application of 
nonprescription medications. A precautionary visit (special examination) 
to a physician is considered as first aid if treatment is limited to 
above items, and follow-up visits if they are limited to observation 
only.
    (ii) Medical treatment cases involve removal of imbedded foreign 
objects, use of prescription medications, or other professional 
treatment.
    (6) Inhalation of Toxic or Corrosive Gases. (i) First aid treatment 
is limited to removal of the miner to fresh air or the one-time 
administration of oxygen for several minutes.
    (ii) Medical treatment consists of any professional treatment beyond 
that mentioned under first aid and all cases involving loss of 
consciousness.
    (7) Foreign Objects. (i) First aid treatment is limited to cleaning 
the wound, removal of any foreign object by tweezers or other simple 
techniques, application of antiseptics and nonprescription medications, 
and bandaging on the first visit. Follow-up visits are limited to 
observation including changing of bandages. Additional cleaning and 
applications of antiseptic constitute first aid where it is required by 
work duties that soil the bandage.
    (ii) Medical treatment consists of removal of any foreign object by 
physician due to depth of imbedment, size or shape of object, or 
location of wound. Treatment for infection, treatment of a reaction to 
tetanus booster, or other professional treatment, is considered medical 
treatment.
    (8) Sprains and Strains. (i) First aid treatment is limited to 
soaking, application of cold compresses, and use of elastic bandages on 
the first visit. Follow-up visits for observation, including reapplying 
bandage, are first aid.

[[Page 253]]

    (ii) Medical treatment includes a series of hot and cold soaks, use 
of whirlpools, diathermy treatment, or other professional treatment.

[42 FR 65535, Dec. 30, 1977; 43 FR 12318, Mar. 24, 1978]



Sec. 50.20-4  Criteria--MSHA Form 7000-1, Section A.

    (a) MSHA I.D. number. Enter the seven digit number assigned to the 
mine operation by MSHA. If the number is unknown, the nearest MSHA 
District Office should be contacted.
    (b) Mine name. Enter the exact name of the operation to which the 
MSHA I.D. number was assigned.
    (c) Company name. Enter the name of the mining company submitting 
this report or, if not a company, the operator's name.

[42 FR 65535, Dec. 30, 1977, as amended at 69 FR 26499, May 13, 2004]



Sec. 50.20-5  Criteria--MSHA Form 7000-1, Section B.

    (a) This section shall be completed for all accidents immediately 
reported to MSHA as defined in Sec. 50.10. Circle the code from the 
following list which best defines the accident:

Code 01--A death of an individual at a mine;
Code 02--An injury to an individual at a mine which has a reasonable 
potential to cause death;
Code 03--An entrapment of an individual for more than 30 minutes;
Code 04--An unplanned mine inundation by a liquid or gas;
Code 05--An unplanned ignition or explosion of dust or gas;
Code 06--An unplanned mine fire not extinguished within 30 minutes of 
discovery;
Code 07--An unplanned ignition of a blasting agent or an explosive;
Code 08--An unplanned roof fall at or above the anchorage zone in active 
workings where roof bolts are in use; or a roof or rib fall on active 
workings that impairs ventilation or impedes passage;
Code 09--A coal or rock outburst that causes withdrawal of miners or 
which disrupts regular mining activity for more than one hour;
Code 10--An unstable condition at an impoundment, refuse pile, or culm 
bank which requires emergency action in order to prevent failure, or 
which causes individuals to evacuate an area; or, failure of an 
impoundment, refuse pile, or culm bank;
Code 11--Damage to hoisting equipment in a shaft or slope which 
endangers an individual or which interferes with use of the equipment 
for more than thirty minutes; and
Code 12--An event at a mine which causes death or bodily injury to an 
individual not at the mine at the time the event occurs.



Sec. 50.20-6  Criteria--MSHA Form 7000-1, Section C.

    (a) Complete items 5 through 12 for each accident, occupational 
injury, or occupational illness.
    (1) Item 5. Location and mining method. Circle the appropriate 
location code that was nearest to the location of the accident injury or 
illness. If the accident injury or illness occurred at the surface, 
circle only the surface location code in column (a). If the accident 
injury or illness occurred underground, circle only the underground 
location code in column (b). Where applicable, circle the underground 
mining method code in column (c). Applicable codes for columns (a), (b), 
and (c) are as follows:
    (i) Column (a)--Surface location codes. If the accident injury or 
illness occurred at the surface of a mine, circle one of the following 
codes which best describes where the accident injury or illness occurred 
and ignore columns (b) and (c):

Code 02--Surface shop, yard, etc., at an underground mine;
Code 30--Mill operation, preparation plant, or breaker, including 
associated shops and yards;
Code 03--Surface strip or open pit mine, including shop and yard;
Code 04--Surface auger coal operation on a coal mine, including shop and 
yard;
Code 05--Surface culm bank or refuse pile at a coal mine, including shop 
and yard;
Code 06--Dredge mining, including shop and yard;
Code 12--Other surface mining;
Code 17--Independent shops;
Code 99--Office facilities.

    (ii) Column (b)--Underground location codes. If the accident injury 
or illness occurred underground, circle the one code which best 
describes where the accident injury or illness occurred:

Code 01--Vertical shaft;
Code 02--Slope/Inclined shaft;
Code 03--Face;
Code 04--Intersection;
Code 05--Underground Shop/Office;
Code 06--Other.


[[Page 254]]


    (iii) Column (c)--Underground mining method. If the underground 
accident injury or illness occurred on a working section or working 
place, enter the code for the mining method at that working section or 
working place:

Code 01--Longwall;
Code 02--Shortwall;
Code 03--Conventional/stoping;
Code 05--Continuous Miners;
Code 06--Hand Loading;
Code 07--Caving;
Code 08--Other.

    (2) Item 6. Date of accident injury or illness. Enter the date the 
accident injury or illness occurred.
    (3) Item 9. Describe fully the conditions contributing to the 
accident injury or illness and quantify the damage or impairment. 
Describe what happened and the reasons therefor, identify the factors 
which led or contributed to the accident, injury or illness and identify 
any damage or impairment to the mining operation. The narrative shall 
clearly specify the actual cause or causes of the accident injury or 
illness and shall include the following:
    (i) Whether the accident injury or illness involved any aspect of 
compliance with rules and regulations;
    (ii) Whether the accident injury or illness involved mine equipment 
or the mining system;
    (iii) Whether the accident injury or illness involved job skills and 
miner proficiency, training and attitude; and
    (iv) Whether the accident injury or illness involved protective 
items relating to clothing, or protective devices on equipment.
    (4) Item 10. If equipment was involved in the accident, injury or 
illness specify type (loader, shuttle car, dozer, etc.), name of 
manufacturer, and equipment model number.
    (5) Item 11. Name of witness to accident injury or illness. If any 
miner witnessed the accident injury or illness, enter the name.
    (b) Complete items 13-27 for each occupational injury, or 
occupational illness.
    (1) Item 13. Name of injured/ill miner. Enter the miner's name 
(first, middle initial, and last).
    (2) Item 17. Regular job title. Enter the miner's regular job title. 
For example: ``shuttle car operator''.
    (3) Item 19. Check if this injury/illness resulted in permanent 
total or partial disability.
    (i) ``Permanent total disability.'' The classification for any 
injury or illness other than death which permanently and totally 
incapacitates an employee from following any gainful occupation or which 
results in the loss, or the complete loss of use, of any of the 
following in one accident injury or illness:
    (A) Both eyes;
    (B) One eye and one hand, or arm, or leg, or foot;
    (C) Any two of the following not on the same limb: hand, arm, foot, 
or leg.
    (ii) ``Permanent partial disability.'' The classification for any 
injury or illness other than death or permanent total disability which 
results in the loss, or complete loss of use, of any member or part of a 
member of the body, or any permanent impairment of functions of the body 
or part thereof, regardless of any preexisting disability of the 
affected member or impaired body function.
    (4) Item 20. What directly inflicted injury or illness. Name the 
object or substance which directly affected the miner. For example: the 
machine or thing struck against or which struck the miner; the vapor or 
poison inhaled or swallowed; the chemical or non-ionizing radiation 
which irritated the skin; or in cases of strains or hernias, the thing 
lifted or pulled.
    (5) Item 21. Nature of injury or illness. For injuries, use commonly 
used medical terms to answer this question such as puncture wound, third 
degree burn, fracture, dislocation, amputation. For multiple injuries, 
enter the injury which was the most serious. For illness, name the 
illness, such as pneumoconiosis, silicosis. Avoid general terms such as 
``hurt'', ``sore'', ``sick''.
    (6) Item 22. Part of body injured or affected. Name the part of the 
body with the most serious injury. For example, if an injured employee 
has a bruised finger and a broken ankle, write ``ankle''. If amputation, 
enter part of the body lost.

[[Page 255]]

    (7) Item 23. Occupational Illness. Circle the code from the list 
below which most accurately describes the illness. These are typical 
examples and are not to be considered the complete listing of the types 
of illnesses and disorders that should be included under each category. 
In cases where the time of onset of illness is in doubt, the day of 
diagnosis of illness will be considered as the first day of illness.
    (i) Code 21--Occupational Skin Diseases or Disorders. Examples: 
Contact dermatitis, eczema, or rash caused by primary irritants and 
sensitizers or poisonous plants; oil acne; chrome ulcers; chemical burns 
or inflammations.
    (ii) Code 22--Dust Diseases of the Lungs (Pneumoconioses). Examples: 
Silicosis, asbestosis, coal worker's pneumoconiosis, and other 
pneumoconioses.
    (iii) Code 23--Respiratory Conditions due to Toxic Agents. Examples: 
Pneumonitis, pharyngitis, rhinitis, or acute congestion due to 
chemicals, dusts, gases, or fumes.
    (iv) Code 24--Poisoning (Systemic Effects of Toxic Materials). 
Examples: Poisoning by lead, mercury, cadmium, arsenic, or other metals, 
poisoning by carbon monoxide, hydrogen sulfide or other gases; poisoning 
by benzol, carbon tetrachloride, or other organic solvents; poisoning by 
insecticide sprays such as parathion, lead arsenate; poisoning by other 
chemicals such as formaldehyde, plastics and resins.
    (v) Code 25--Disorders Due to Physical Agents (Other than Toxic 
Materials). Examples: Heatstroke, sunstroke, heat exhaustion and other 
effects of environmental heat; freezing, frostbite and effects of 
exposure to low temperatures; caisson disease; effects of ionizing 
radiation (radon daughters, non-medical, non-therapeutic X-rays, 
radium); effects of nonionizing radiation (welding flash, ultra-violet 
rays, micro-waves, sunburn).
    (vi) Code 26--Disorders Associated with Repeated Trauma. Examples: 
Noise-induced hearing loss; synovitis, tenosynovitis, and bursitis; 
Raynaud's phenomena; and other conditions due to repeated motion, 
vibration or pressure.
    (vii) Code 29--All Other Occupational Illnesses. Examples: 
Infectious hepatitis, malignant and benign tumors, any form of cancer, 
kidney diseases, food poisoning, histoplasmosis.
    (8) Item 24. Miner's work activity when injury or illness occurred. 
Describe exactly the activity of the injured miner when the occupational 
injury or occupational illness occurred. For example: ``Setting 
temporary support prior to drilling holes for roof bolts.''

(Secs. 103 (a) and (h), and 508, Pub. L. 91-173, as amended by Pub. L. 
95-164, 91 Stat. 1297, 1299, 83 Stat. 803 (30 U. S. C. 801, 813, 957))

[42 FR 65535, Dec. 30, 1977; 43 FR 1617, Jan. 11, 1978, as amended at 44 
FR 52828, Sept. 11, 1979; 69 FR 26499, May 13, 2004]



Sec. 50.20-7  Criteria--MSHA Form 7000-1, Section D.

    This section requires information concerning the miner's return to 
duty.
    (a) Item 28. Permanently transferred or terminated. Check this block 
if the miner's employment was terminated or if the miner was permanently 
transferred to another regular job as a direct result of the 
occupational injury or occupational illness.
    (b) Item 29. Show the date that the injured person returned to his 
regular job at full capacity (not to restricted work activity) or was 
transferred or terminated.
    (c) Item 30. Number of days away from work. Enter the number of 
work-days, consecutive or not, on which the miner would have worked but 
could not because of occupational injury or occupational illness. The 
number of days away from work shall not include the day of injury or 
onset of illness or any days on which the miner would not have worked 
even though able to work. If an employee loses a day from work solely 
because of the unavailability of professional medical personnel for 
initial observation or treatment and not as a direct consequence of the 
injury or illness, the day should not be counted as a day away from 
work.
    (d) Item 31. Number of days of restricted work activity. Enter the 
number of workdays, consecutive or not, on which because of occupational 
injury or occupational illness:
    (1) The miner was assigned to another job on a temporary basis;
    (2) The miner worked at a permanent job less than full time; or

[[Page 256]]

    (3) The miner worked at a permanently assigned job but could not 
perform all duties normally connected with it. The number of days of 
restricted work activity shall not include the day of injury or onset of 
illness, or any days the miner did not work even though able to work.

If an injured or ill employee receives scheduled follow-up medical 
treatment or observation which results in the loss of a full workday 
solely because of the unavailability of professional medical personnel, 
it will not be counted as a day of restricted work activity. Days of 
restricted work activity end as the result of any of the following:
    (i) The miner returns to his regularly scheduled job and performs 
all of its duties for a full day or shift;
    (ii) The miner is permanently transferred to another permanent job 
(which shall be reported under Item 28, Permanently Transferred or 
Terminated). If this happens, even though the miner could not perform 
this original job any longer, the Days of Restricted Work Activity will 
stop; or
    (iii) The miner is terminated or leaves the mine. (Termination shall 
also be reported under Item 28, Permanently Transferred or Terminated).



        Subpart D_Quarterly Employment and Coal Production Report



Sec. 50.30  Preparation and submission of MSHA Form 7000-2--Quarterly 
Employment and Coal Production Report.

    (a) Each operator of a mine in which an individual worked during any 
day of a calendar quarter shall complete a MSHA Form 7000-2 in 
accordance with the instructions and criteria in Sec. 50.30-1 and 
submit the original to the MSHA Office of Injury and Employment 
Information, P.O. Box 25367, Denver Federal Center, Denver, Colo. 80225, 
within 15 days after the end of each calendar quarter. These forms may 
be obtained from the MSHA District Office. Each operator shall retain an 
operator's copy at the mine office nearest the mine for 5 years after 
the submission date. You may also submit reports by facsimile, 888-231-
5515. To file electronically, follow the instructions on MSHA Internet 
site, http://www.msha.gov. For assistance in electronic filing, contact 
the MSHA help desk at 877-778-6055.
    (b) Each operator of a coal mine in which an individual worked 
during any day of a calendar quarter shall report coal production on 
Form 7000-2.

[42 FR 65535, Dec. 30, 1977, as amended at 60 FR 35695, July 11, 1995; 
69 FR 26499, May 13, 2004]



Sec. 50.30-1  General instructions for completing MSHA Form 7000-2.

    (a) MSHA I.D. Number is the 7-digit number assigned to the mine 
operation by MSHA. Any questions regarding the appropriate I.D. number 
to use should be directed to your local MSHA District Office.
    (b) Calendar Quarter: First quarter is January, February, and March. 
Second quarter is April, May, and June. Third quarter is July, August, 
and September. Fourth quarter is October, November, and December.
    (c) County is the name of the county, borough, or independent city 
in which the operation is located.
    (d) Operation Name is the specific name of the mine or plant to 
which the MSHA I.D. number was assigned and for which the quarterly 
employment report is being submitted.
    (e) Company Name is the name of the operating company that this 
report pertains to.
    (f) Mailing Address is the address of the mine office where the 
quarterly employment report is to be retained. This should be as near 
the operation as possible.
    (g) Employment, Employee Hours, and Coal Production--(1) Operation 
Sub-Unit: (i) Underground Mine: Report data for your underground workers 
on the first line. If you have personnel working at the surface of your 
underground mine, report data for those persons on the second line;
    (ii) Surface Mine (Including Shops and Yards): Report on the 
appropriate line, employment and coal production for the mining 
operation. For surface mining sub-units 03, 04, 05 and 06, include all 
work associated with shops and yards;
    (iii) Mill Operations, Preparation Plants, Breakers: Report data on 
all persons employed at your milling

[[Page 257]]

(crushing, sizing, grinding, concentrating, etc.) operation, preparation 
plant, or breaker, including those working in associated shops and 
yards. (Do not include personnel reported in shops and yards associated 
with other sub-units.);
    (iv) Office: Include in this category employees who work principally 
at the mine or preparation facility office.
    (2) Average number of persons working during quarter: Show the 
average number of employees on the payroll during all active periods in 
the quarter. Include all classes of employees (supervisory, 
professional, technical proprietors, owners, operators, partners, and 
service personnel) on your payroll, full or part-time, Report Each 
Employee Under One Activity Only. For example: If one or more persons 
work both in the mine and the mill, report these employees under the 
activity where they spend most of their time. If necessary, estimate for 
the major activity. The average number may be computed by adding 
together the number of employees working during each pay period and then 
dividing by the number of pay periods. Do not include pay periods where 
no one worked. For example, during the quarter you had 5 pay periods 
where employees worked. The number of employees in each pay period was 
10, 12, 13, 14 and 15 respectively. To compute the average, add the 
number of employees working each pay period (10+12+13+14+15=64). Then 
divide by the number of pay periods (64 divided by 5=12.8). Rounding 
this to the nearest whole number, we get 13 as the average number of 
persons working.
    (3) Total employee-hours worked during the quarter: Show the total 
hours worked by all employees during the quarter covered. Include all 
time where the employee was actually on duty, but exclude vacation, 
holiday, sick leave, and all other off-duty time, even though paid for. 
Make certain that each overtime hour is reported as one hour, and not as 
the overtime pay multiple for an hour of work. The hours reported should 
be obtained from payroll or other time records. If actual hours are not 
available, they may be estimated on the basis of scheduled hours. Make 
certain not to include hours paid but not worked.
    (4) Production of clean coal (short tons): This section is to be 
compiled only by operators of underground or surface mines, but not by 
operators of central or independent coal preparation plants or operators 
of metal or nonmetal mines. Enter the total production of clean coal 
from the mine. This must include coal shipped from the mine and coal 
used for fuel at the mine, but exclude refuse and coal produced at 
another mine and purchased for use at the mine.
    (h) Other Reportable Data. Indicate the number of reportable 
injuries or illnesses occurring at your operation during the quarter 
covered by this report. Show the name, title, and telephone number of 
the person to be contacted regarding this report, and show the date that 
this report was completed.

[42 FR 65535, Dec. 30, 1977, as amended at 69 FR 26500, May 13, 2004]



      Subpart E_Maintenance of Records; Verification of Information



Sec. 50.40  Maintenance of records.

    (a) Each operator of a mine shall maintain a copy of each 
investigation report required to be prepared under Sec. 50.11 at the 
mine office closest to the mine for five years after the concurrence.
    (b) Each operator shall maintain a copy of each report submitted 
under Sec. 50.20 or Sec. 50.30 at the mine office closest to the mine 
for five years after submission. Upon request by the Mine Safety and 
Health Administration, an operator shall make a copy of any report 
submitted under Sec. 50.20 or Sec. 50.30 available to MSHA for 
inspection or copying.

[42 FR 65535, Dec. 30, 1977, as amended at 43 FR 12318, Mar. 24, 1978]



Sec. 50.41  Verification of reports.

    Upon request by MSHA, an operator shall allow MSHA to inspect and 
copy information related to an accident, injury or illnesses which MSHA 
considers relevant and necessary to verify a report of investigation 
required by Sec. 50.11 of this part or relevant and necessary to a 
determination of compliance with

[[Page 258]]

the reporting requirements of this part.



                         SUBCHAPTER J [RESERVED]



[[Page 259]]



         SUBCHAPTER K_METAL AND NONMETAL MINE SAFETY AND HEALTH





PART 56_SAFETY AND HEALTH STANDARDS_SURFACE METAL AND NONMETAL 
MINES--Table of Contents




                            Subpart A_General

Sec.
56.1 Purpose and scope.
56.2 Definitions.

                               Procedures

56.1000 Notification of commencement of operations and closing of mines.

                        Subpart B_Ground Control

56.3000 Definitions.

                             Mining Methods

56.3130 Wall, bank, and slope stability.
56.3131 Pit or quarry wall perimeter.

                           Scaling and Support

56.3200 Correction of hazardous conditions.
56.3201 Location for performing scaling.
56.3202 Scaling tools.
56.3203 Rock fixtures.

                               Precautions

56.3400 Secondary breakage.
56.3401 Examination of ground conditions.
56.3430 Activity between machinery or equipment and the highwall or 
          bank.

                  Subpart C_Fire Prevention and Control

56.4000 Definitions.
56.4011 Abandoned electric circuits.

                  Prohibitions/Precautions/Housekeeping

56.4100 Smoking and use of open flames.
56.4101 Warning signs.
56.4102 Spillage and leakage.
56.4103 Fueling internal combustion engines.
56.4104 Combustible waste.
56.4130 Electric substations and liquid storage facilities.

                         Firefighting Equipment

56.4200 General requirements.
56.4201 Inspection.
56.4202 Fire hydrants.
56.4203 Extinguisher recharging or replacement.
56.4230 Self-propelled equipment.

                  Firefighting Procedures/Alarms/Drills

56.4330 Firefighting, evacuation, and rescue procedures.
56.4331 Firefighting drills.

               Flammable and Combustible Liquids and Gases

56.4400 Use restrictions.
56.4401 Storage tank foundations.
56.4402 Safety can use.
56.4430 Storage facilities.

                  Installation/Construction/Maintenance

56.4500 Heat sources.
56.4501 Fuel lines.
56.4502 Battery-charging stations.
56.4503 Conveyor belt slippage.
56.4530 Exits.
56.4531 Flammable or combustible liquid storage buildings or rooms.

                    Welding/Cutting/Compressed Gases

56.4600 Extinguishing equipment.
56.4601 Oxygen cylinder storage.
56.4602 Gauges and regulators.
56.4603 Closure of valves.
56.4604 Preparation of pipelines or containers.

Appendix I to Subpart C--National Consensus Standards

                Subpart D_Air Quality and Physical Agents

                               Air Quality

56.5001 Exposure limits for airborne contaminants.
56.5002 Exposure monitoring.
56.5005 Control of exposure to airborne contaminants.
56.5006 Restricted use of chemicals.

                          Subpart E_Explosives

56.6000 Definitions.

                                 Storage

56.6100 Separation of stored explosive material.
56.6101 Areas around explosive material storage facilities.
56.6102 Explosive material storage practices.
56.6130 Explosive material storage facilities.
56.6131 Location of explosive material storage facilities.
56.6132 Magazine requirements.
56.6133 Powder chests.

                             Transportation

56.6200 Delivery to storage or blast site areas.

[[Page 260]]

56.6201 Separation of transported explosive material.
56.6202 Vehicles.
56.6203 Locomotives.
56.6204 Hoists.
56.6205 Conveying explosives by hand.

                                   Use

56.6300 Control of blasting operations.
56.6301 Blasthole obstruction check.
56.6302 Separation of explosive material.
56.6303 Initiation preparation.
56.6304 Primer protection.
56.6305 Unused explosive material.
56.6306 Loading, blasting, and security.
56.6307 Drill stem loading.
56.6308 Initiation systems.
56.6309 Fuel oil requirements for ANFO.
56.6310 Misfire waiting period.
56.6311 Handling of misfires.
56.6312 Secondary blasting.

                            Electric Blasting

56.6400 Compatibility of electric detonators.
56.6401 Shunting.
56.6402 Deenergized circuits near detonators.
56.6403 Branch circuits.
56.6404 Separation of blasting circuits from power source.
56.6405 Firing devices.
56.6406 Duration of current flow.
56.6407 Circuit testing.

                          Nonelectric Blasting

56.6500 Damaged initiating material.
56.6501 Nonelectric initiation systems.
56.6502 Safety fuse.

                         Extraneous Electricity

56.6600 Loading practices.
56.6601 Grounding.
56.6602 Static electricity dissipation during loading.
56.6603 Air gap.
56.6604 Precautions during storms.
56.6605 Isolation of blasting circuits.

                             Equipment/Tools

56.6700 Nonsparking tools.
56.6701 Tamping and loading pole requirements.

                               Maintenance

56.6800 Storage facilities.
56.6801 Vehicle repair.
56.6802 Bulk delivery vehicles.
56.6803 Blasting lines.

                          General Requirements

56.6900 Damaged or deteriorated explosive material.
56.6901 Black powder.
56.6902 Excessive temperatures.
56.6903 Burning explosive material.
56.6904 Smoking and open flames.
57.6905 Protection of explosive material.

               Subpart F_Drilling and Rotary Jet Piercing

                                Drilling

56.7002 Equipment defects.
56.7003 Drill area inspection.
56.7004 Drill mast.
56.7005 Augers and drill stems.
56.7008 Moving the drill.
56.7009 Drill helpers.
56.7010 Power failures.
56.7011 Straightening crossed cables.
56.7012 Tending drills in operation.
56.7013 Covering or guarding drill holes.
56.7018 Hand clearance.
56.7050 Tool and drill steel racks.
56.7051 Loose objects on the mast or drill platform.
56.7052 Drilling positions.
56.7053 Moving hand-held drills.
56.7055 Intersecting holes.
56.7056 Collaring in bootlegs.

                           Rotary Jet Piercing

56.7801 Jet drills.
56.7802 Oxygen hose lines.
56.7803 Lighting the burner.
56.7804 Refueling.
56.7805 Smoking and open flames.
56.7806 Oxygen intake coupling.
56.7807 Flushing the combustion chamber.

Subpart G [Reserved]

                 Subpart H_Loading, Hauling, and Dumping

                             Traffic Safety

56.9100 Traffic control.
56.9101 Operating speeds and control of equipment.
56.9102 Movement of independently operating rail equipment.
56.9103 Clearance on adjacent tracks.
56.9104 Railroad crossings.

                 Transportation of Persons and Materials

56.9200 Transporting persons.
56.9201 Loading, hauling, and unloading of equipment or supplies.
56.9202 Loading and hauling large rocks.

Safety Devices, Provisions, and Procedures for Roadways, Railroads, and 
                        Loading and Dumping Sites

56.9300 Berms or guardrails.
56.9301 Dump site restraints.
56.9302 Protection against moving or runaway railroad equipment.
56.9303 Construction of ramps and dumping facilities.
56.9304 Unstable ground.
56.9305 Truck spotters.

[[Page 261]]

56.9306 Warning devices for restricted clearances.
56.9307 Design, installation, and maintenance of railroads.
56.9308 Switch throws.
56.9309 Chute design.
56.9310 Chute hazards.
56.9311 Anchoring stationary sizing devices.
56.9312 Working around drawholes.
56.9313 Roadway maintenance.
56.9314 Trimming stockpile and muckpile faces.
56.9315 Dust control.
56.9316 Notifying the equipment operator.
56.9317 Suspended loads.
56.9318 Getting on or off moving equipment.
56.9319 Going over, under, or between railcars.
56.9330 Clearance for surface equipment.

                        Subpart I_Aerial Tramways

56.10001 Filling buckets.
56.10002 Inspection and maintenance.
56.10003 Correction of defects.
56.10004 Brakes.
56.10005 Track cable connections.
56.10006 Tower guards.
56.10007 Falling object protection.
56.10008 Riding tramways.
56.10009 Riding loaded buckets.
56.10010 Starting precautions.

                          Subpart J_Travelways

56.11001 Safe access.
56.11002 Handrails and toeboards.
56.11003 Construction and maintenance of ladders.
56.11004 Portable rigid ladders.
56.11005 Fixed ladder anchorage and toe clearance.
56.11006 Fixed ladder landings.
56.11007 Wooden components of ladders.
56.11008 Restricted clearance.
56.11009 Walkways along conveyors.
56.11010 Stairstep clearance.
56.11011 Use of ladders.
56.11012 Protection for openings around travelways.
56.11013 Conveyor crossovers.
56.11014 Crossing moving conveyors.
56.11016 Snow and ice on walkways and travelways.
56.11017 Inclined fixed ladders.
56.11025 Railed landings, backguards, and other protection for fixed 
          ladders.
56.11026 Protection for inclined fixed ladders.
56.11027 Scaffolds and working platforms.

                          Subpart K_Electricity

56.12001 Circuit overload protection.
56.12002 Controls and switches.
56.12003 Trailing cable overload protection.
56.12004 Electrical conductors.
56.12005 Protection of power conductors from mobile equipment.
56.12006 Distribution boxes.
56.12007 Junction box connection procedures.
56.12008 Insulation and fittings for power wires and cables.
56.12010 Isolation or insulation of communication conductors.
56.12011 High-potential electrical conductors.
56.12012 Bare signal wires.
56.12013 Splices and repairs of power cables.
56.12014 Handling energized power cables.
56.12016 Work on electrically-powered equipment.
56.12017 Work on power circuits.
56.12018 Identification of power switches.
56.12019 Access to stationary electrical equipment or switchgear.
56.12020 Protection of persons at switchgear.
56.12021 Danger signs.
56.12022 Authorized persons at major electrical installations.
56.12023 Guarding electrical connections and resistor grids.
56.12025 Grounding circuit enclosures.
56.12026 Grounding transformer and switchgear enclosures.
56.12027 Grounding mobile equipment.
56.12028 Testing grounding systems.
56.12030 Correction of dangerous conditions.
56.12032 Inspection and cover plates.
56.12033 Hand-held electric tools.
56.12034 Guarding around lights.
56.12035 Weatherproof lamp sockets.
56.12036 Fuse removal or replacement.
56.12037 Fuses in high-potential circuits.
56.12038 Attachment of trailing cables.
56.12039 Protection of surplus trailing cables.
56.12040 Installation of operating controls.
56.12041 Design of switches and starting boxes.
56.12042 Track bonding.
56.12045 Overhead powerlines.
56.12047 Guy wires.
56.12048 Communication conductors on power poles.
56.12050 Installation of trolley wires.
56.12053 Circuits powered from trolley wires.
56.12065 Short circuit and lightning protection.
56.12066 Guarding trolley wires and bare powerlines.
56.12067 Installation of transformers.
56.12068 Locking transformer enclosures.
56.12069 Lightning protection for telephone wires and ungrounded 
          conductors.
56.12071 Movement or operation of equipment near high-voltage power 
          lines.

                  Subpart L_Compressed Air and Boilers

56.13001 General requirements for boilers and pressure vessels.

[[Page 262]]

56.13010 Reciprocating-type air compressors.
56.13011 Air receiver tanks.
56.13012 Compressor air intakes.
56.13015 Inspection of compressed-air receivers and other unfired 
          pressure vessels.
56.13017 Compressor discharge pipes.
56.13019 Pressure system repairs.
56.13020 Use of compressed air.
56.13021 High-pressure hose connections.
56.13030 Boilers.

                    Subpart M_Machinery and Equipment

56.14000 Definitions.

               Safety Devices and Maintenance Requirements

56.14100 Safety defects; examination, correction and records.
56.14101 Brakes.
56.14102 Brakes for rail equipment.
56.14103 Operators' stations.
56.14104 Tire repairs.
56.14105 Procedures during repairs or maintenance.
56.14106 Falling object protection.
56.14107 Moving machine parts.
56.14108 Overhead drive belts.
56.14109 Unguarded conveyors with adjacent travelways.
56.14110 Flying or falling materials.
56.14111 Slusher, backlash guards and securing.
56.14112 Construction and maintenance of guards.
56.14113 Inclined conveyors: backstops or brakes.
56.14114 Air valves for pneumatic equipment.
56.14115 Stationary grinding machines.
56.14116 Hand-held power tools.
56.14130 Roll-over protective structures (ROPS) and seat belts.
56.14131 Seat belts for haulage trucks.
56.14132 Horns and back-up alarms.

               Safety Practices and Operational Procedures

56.14200 Warnings prior to starting or moving equipment.
56.14201 Conveyor start-up warnings.
56.14202 Manual cleaning of conveyor pulleys.
56.14203 Application of belt dressing.
56.14204 Machinery lubrication.
56.14205 Machinery, equipment, and tools.
56.14206 Securing movable parts.
56.14207 Parking procedures for unattended equipment.
56.14208 Warning devices.
56.14209 Safety procedures for towing.
56.14210 Movement of dippers, buckets, loading booms, or suspended 
          loads.
56.14211 Blocking equipment in a raised position.
56.14212 Chains, ropes, and drive belts.
56.14213 Ventilation and shielding for welding.
56.14214 Train warnings.
56.14215 Coupling or uncoupling cars.
56.14216 Backpoling.
56.14217 Securing parked railcars.
56.14218 Movement of equipment on adjacent tracks.
56.14219 Brakeman signals.

Appendix I to Subpart M--National Consensus Standards

                      Subpart N_Personal Protection

56.15001 First aid materials.
56.15002 Hard hats.
56.15003 Protective footwear.
56.15004 Eye protection.
56.15005 Safety belts and lines.
56.15006 Protective equipment and clothing for hazards and irritants.
56.15007 Protective equipment or clothing for welding, cutting, or 
          working with molten metal.
56.15014 Eye protection when operating grinding wheels.
56.15020 Life jackets and belts.

                Subpart O_Materials Storage and Handling

56.16001 Stacking and storage of materials.
56.16002 Bins, hoppers, silos, tanks, and surge piles.
56.16003 Storage of hazardous materials.
56.16004 Containers for hazardous materials.
56.16005 Securing gas cylinders.
56.16006 Protection of gas cylinder valves.
56.16007 Taglines, hitches, and slings.
56.16009 Suspended loads.
56.16010 Dropping materials from overhead.
56.16011 Riding hoisted loads or on the hoist hook.
56.16012 Storage of incompatible substances.
56.16013 Working with molten metal.
56.16014 Operator-carrying overhead cranes.
56.16015 Work or travel on overhead crane bridges.
56.16016 Lift trucks.

                         Subpart P_Illumination

56.17001 Illumination of surface working areas.

                        Subpart Q_Safety Programs

56.18002 Examination of working places.
56.18006 New employees.
56.18009 Designation of person in charge.
56.18010 First aid.
56.18012 Emergency telephone numbers.
56.18013 Emergency communications system.
56.18014 Emergency medical assistance and transportation.
56.18020 Working alone.

[[Page 263]]

                      Subpart R_Personnel Hoisting

56.19000 Application.

                                 Hoists

56.19001 Rated capacities.
56.19002 Anchoring.
56.19003 Driving mechanism connections.
56.19004 Brakes.
56.19005 Locking mechanism for clutch.
56.19006 Automatic hoist braking devices.
56.19007 Overtravel and overspeed devices.
56.19008 Friction hoist synchronizing mechanisms.
56.19009 Position indicator.
56.19010 Location of hoist controls.
56.19011 Drum flanges.
56.19012 Grooved drums.
56.19013 Diesel- and other fuel-injection-powered hoists.
56.19014 Friction hoist overtravel protection.
56.19017 Emergency braking for electric hoists.
56.19018 Overtravel by-pass switches.

                               Wire Ropes

56.19021 Minimum rope strength.
56.19022 Initial measurement.
56.19023 Examinations.
56.19024 Retirement criteria.
56.19025 Load end attachments.
56.19026 Drum end attachment.
56.19027 End attachment retermination.
56.19028 End attachment replacement.
56.19030 Safety device attachments.

                         Headframes and Sheaves

56.19035 Headframe design.
56.19036 Headframe height.
56.19037 Fleet angles.
56.19038 Platforms around elevated head sheaves.

                               Conveyances

56.19045 Metal bonnets.
56.19049 Hoisting persons in buckets.
56.19050 Bucket requirements.
56.19054 Rope guides.

                           Hoisting Procedures

56.19055 Availability of hoist operator for manual hoists.
56.19056 Availability of hoist operator for automatic hoists.
56.19057 Hoist operator's physical fitness.
56.19058 Experienced hoist operators.
56.19061 Maximum hoisting speeds.
56.19062 Maximum acceleration and deceleration.
56.19063 Persons allowed in hoist room.
56.19065 Lowering conveyances by the brakes.
56.19066 Maximum riders in a conveyance.
56.19067 Trips during shift changes.
56.19068 Orderly conduct in conveyances.
56.19069 Entering and leaving conveyances.
56.19070 Closing cage doors or gates.
56.19071 Riding in skips or buckets.
56.19072 Skips and cages in same compartment.
56.19073 Hoisting during shift changes.
56.19074 Riding the bail, rim, bonnet, or crosshead.
56.19075 Use of open hooks.
56.19076 Maximum speeds for hoisting persons in buckets.
56.19077 Lowering buckets.
56.19078 Hoisting buckets from the shaft bottom.
56.19079 Blocking mine cars.
56.19080 Hoisting tools, timbers, and other materials.
56.19081 Conveyances not in use.
56.19083 Overtravel backout device.

                                Signaling

56.19090 Dual signaling systems.
56.19091 Signaling instructions to hoist operator.
56.19092 Signaling from conveyances.
56.19093 Standard signal code.
56.19094 Posting signal code.
56.19095 Location of signal devices.
56.19096 Familiarity with signal code.

                                 Shafts

56.19100 Shaft landing gates.
56.19101 Stopblocks and derail switches.
56.19102 Shaft guides.
56.19103 Dumping facilities and loading pockets.
56.19104 Clearance at shaft stations.
56.19105 Landings with more than one shaft entrance.
56.19106 Shaft sets.
56.19107 Precautions for work in compartment affected by hoisting 
          operation.
56.19108 Posting warning signs during shaft work.
56.19109 Shaft inspection and repair.
56.19110 Overhead protection for shaft deepening work.
56.191111 Shaft-sinking ladders.

                       Inspection and Maintenance

56.19120 Procedures for inspection, testing, and maintenance.
56.19121 Recordkeeping.
56.19122 Replacement parts.
56.19129 Examinations and tests at beginning of shift.
56.19130 Conveyance shaft test.
56.19131 Hoist conveyance connections.
56.19132 Safety catches.
56.19133 Shaft.
56.19134 Sheaves.
56.19135 Rollers in inclined shafts.

                         Subpart S_Miscellaneous

56.20001 Intoxicating beverages and narcotics.

[[Page 264]]

56.20002 Potable water.
56.20003 Housekeeping.
56.20005 Carbon tetrachloride.
56.20008 Toilet facilities.
56.20009 Tests for explosive dusts.
56.20010 Retaining dams.
56.20011 Barricades and warning signs.
56.20013 Waste receptacles.
56.20014 Prohibited areas for food and beverages.

    Authority: 30 U.S.C. 811.

    Source: 50 FR 4054, Jan. 29, 1985, unless otherwise noted.



                            Subpart A_General



Sec. 56.1  Purpose and scope.

    This part 56 sets forth mandatory safety and health standards for 
each surface metal or nonmetal mine, including open pit mines, subject 
to the Federal Mine Safety and Health Act of 1977. The purpose of these 
standards is the protection of life, the promotion of health and safety, 
and the prevention of accidents.



Sec. 56.2  Definitions.

    The following definitions apply in this part. In addition 
definitions contained in any subpart of part 56 apply in that subpart. 
If inconsistent with the general definitions in this section, the 
definition in the subpart will apply in that subpart:
    American Table of Distances means the current edition of ``The 
American Table of Distances for Storage of Explosives'' published by the 
Institute of Makers of Explosives.
    Approved means tested and accepted for a specific purpose by a 
nationally recognized agency.
    Attended means presence of an individual or continuous monitoring to 
prevent unauthorized entry or access.
    Authorized person means a person approved or assigned by mine 
management to perform a specific type of duty or duties or to be at a 
specific location or locations in the mine.
    Barricaded means obstructed to prevent the passage of persons, 
vehicles, or flying materials.
    Barrier means a material object, or objects that separates, keeps 
apart, or demarcates in a conspicuous manner such as cones, a warning 
sign, or tape.
    Berm means a pile or mound of material along an elevated roadway 
capable of moderating or limiting the force of a vehicle in order to 
impede the vehicle's passage over the bank of the roadway.
    Blast area means the area in which concussion (shock wave), flying 
material, or gases from an explosion may cause injury to persons. In 
determining the blast area, the following factors shall be considered:
    (1) Geology or material to be blasted.
    (2) Blast pattern.
    (3) Burden, depth, diameter, and angle of the holes.
    (4) Blasting experience of the mine.
    (5) Delay system, powder factor, and pounds per delay.
    (6) Type and amount of explosive material.
    (7) Type and amount of stemming.
    Blast site means the area where explosive material is handled during 
loading, including the perimeter formed by the loaded blastholes and 50 
feet (15.2 meters) in all directions from loaded holes. A minimum 
distance of 30 feet (9.1 meters) may replace the 50-foot (15.2-meter) 
requirement if the perimeter of loaded holes is demarcated with a 
barrier. The 50-foot (15.2-meter) and alternative 30-foot (9.1-meter) 
requirement also apply in all directions along the full depth of the 
hole.
    Blasting agent means any substance classified as a blasting agent by 
the Department of Transportation in 49 CFR 173.114(a) (44 FR 31182, May 
31, 1979) which is incorporated by reference. This document is available 
for inspection at each Metal and Nonmetal Safety and Health District 
Office of the Mine Safety and Health Administration, and may be obtained 
from the U.S. Government Printing Office, Washington, DC 20402.
    Blasting area means the area near the blasting operations in which 
concussion or flying material can reasonably be expected to cause 
injury.
    Blasting cap means a detonator which is initiated by a safety fuse.
    Blasting circuit means the electrical circuit used to fire one or 
more electric blasting caps.
    Blasting switch means a switch used to connect a power source to a 
blasting circuit.

[[Page 265]]

    Booster means any unit of explosive or blasting agent used for the 
purpose of perpetuating or intensifying an initial detonation.
    Capped fuse means a length of safety fuse to which a blasting cap 
has been attached.
    Capped primer means a package or cartridge of explosives which is 
specifically designed to transmit detonation to other explosives and 
which contains a detonator.
    Circuit breaker means a device designed to open and close a circuit 
by nonautomatic means and to open the circuit automatically on a 
predetermined overcurrent setting without injury to itself when properly 
applied within its rating.
    Combustible means capable of being ignited and consumed by fire.
    Combustible liquids means liquids having a flash point at or above 
100 [deg]F (37.8 [deg]C). They are divided into the following classes:
    (1) Class II liquids--those having flash points at or above 100 
[deg]F (37.8 [deg]C) and below 140 [deg]F (60 [deg]C).
    (2) Class IIIA liquids--those having flash points at or above 140 
[deg]F (60 [deg]C) and below 200 [deg]F (93.4 [deg]C).
    (3) Class IIIB liquids--those having flash points at or above 200 
[deg]F (93.4 [deg]C).
    Combustible material means a material that, in the form in which it 
is used and under the conditions anticipated, will ignite, burn, support 
combustion, or release flammable vapors when subjected to fire or heat. 
Wood, paper, rubber, and plastics are examples of combustible materials.
    Company official means a member of the company supervisory or 
technical staff.
    Competent person means a person having abilities and experience that 
fully qualify him to perform the duty to which he is assigned.
    Conductor means a material, usually in the form of a wire, cable, or 
bus bar, capable of carrying an electric current.
    Delay connector means a non-electric short interval delay device for 
use in delaying blasts which are initiated by detonating cord.
    Detonating cord means a flexible cord containing a solid core of 
high explosives.
    Detonator means any device containing a detonating charge that is 
used to initiate an explosive and includes but is not limited to 
blasting caps, electric blasting caps and nonelectric instantaneous or 
delay blasting caps.
    Distribution box means a portable apparatus with an enclosure 
through which an electric circuit is carried to one or more cables from 
a single incoming feed line, each cable circuit being connected through 
individual overcurrent protective devices.
    Electric blasting cap means a detonator designed for and capable of 
being initiated by means of an electric current.
    Electrical grounding means to connect with the ground to make the 
earth part of the circuit.
    Employee means a person who works for wages or salary in the service 
of an employer.
    Employer means a person or organization which hires one or more 
persons to work for wages or salary.
    Emulsion means an explosive material containing substantial amounts 
of oxidizers dissolved in water droplets, surrounded by an immiscible 
fuel.
    Explosive means any substance classified as an explosive by the 
Department of Transportation in 49 CFR 173.53, 173.88, and 173.100 which 
are incorporated by reference. Title 49 CFR is available for inspection 
at each Metal and Nonmetal Safety and Health district office of the Mine 
Safety and Health Administration, and may be obtained from the U.S. 
Government Printing Office, Washington, DC 20402.
    Explosive material means explosives, blasting agents, and 
detonators.
    Face or bank means that part of any mine where excavating is 
progressing or was last done.
    Fire resistance rating means the time, in minutes or hours, that an 
assembly of materials will retain its protective characteristics or 
structural integrity upon exposure to fire.
    Flammable means capable of being easily ignited and of burning 
rapidly.
    Flammable gas means a gas that will burn in the normal 
concentrations of oxygen in the air.
    Flammable liquid means a liquid that has a flash point below 100 
[deg]F (37.8 [deg]C),

[[Page 266]]

a vapor pressure not exceeding 40 pounds per square inch (absolute) at 
100 [deg]F (37.8 [deg]C), and is known as a Class I liquid.
    Flash point means the minimum temperature at which sufficient vapor 
is released by a liquid or solid to form a flammable vapor-air mixture 
at atmospheric pressure.
    High potential means more than 650 volts.
    Highway means any public street, public alley, or public road.
    Hoist means a power driven windlass or drum used for raising ore, 
rock, or other material from a mine, and for lowering or raising persons 
and material.
    Igniter cord means a fuse, cordlike in appearance, which burns 
progressively along its length with an external flame at the zone of 
burning, and is used for lighting a series of safety fuses in the 
desired sequence.
    Insulated means separated from other conducting surfaces by a 
dielectric substance permanently offering a high resistance to the 
passage of current and to disruptive discharge through the substance. 
When any substance is said to be insulated, it is understood to be 
insulated in a manner suitable for the conditions to which it is 
subjected. Otherwise, it is, within the purpose of this definition, 
uninsulated. Insulating covering is one means for making the conductor 
insulated.
    Insulation means a dielectric substance offering a high resistance 
to the passage of current and to a disruptive discharge through the 
substance.
    Laminated partition means a partition composed of the following 
material and minimum nominal dimensions: \1/2\-inch-thick plywood, \1/
2\-inch-thick gypsum wallboard, \1/8\-inch-thick low carbon steel, and 
\1/4\-inch-thick plywood, bonded together in that order (IME-22 Box). A 
laminated partition also includes alternative construction materials 
described in the Institute of Makers of Explosives (IME) Safety Library 
Publication No. 22, ``Recommendations for the Safe Transportation of 
Detonators in a Vehicle with other Explosive Materials,'' (May 1993), 
and the ``Generic Loading Guide for the IME-22 Container,'' (October 
1993). This incorporation by reference has been approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies are available at MSHA, 1100 Wilson Blvd., Room 2436, 
Arlington, Virginia 22209-3939, and at all Metal and Nonmetal Mine 
Safety and Health district offices, or available for inspection at the 
Office of the Federal Register, 800 North Capitol Street, NW., 7th 
Floor, suite 700, Washington, DC.
    Lay means the distance parallel to the axis of the rope in which a 
strand makes one complete turn about the axis of the rope.
    Loading means placing explosive material either in a blasthole or 
against the material to be blasted.
    Low potential means 650 volts or less.
    Magazine means a facility for the storage of explosives, blasting 
agents, or detonators.
    Major electrical installation means an assemblage of stationary 
electrical equipment for the generation, transmission, distribution, or 
conversion of electrical power.
    Mantrip means a trip on which persons are transported to and from a 
work area.
    Mill includes any ore mill, sampling works, concentrator, and any 
crushing, grinding, or screening plant used at, and in connection with, 
an excavation or mine.
    Misfire means the complete or partial failure of a blasting charge 
to explode as planned.
    Mobile equipment means wheeled, skid-mounted, track-mounted, or 
rail-mounted equipment capable of moving or being moved.
    Multipurpose dry-chemical fire extinguisher means an extinguisher 
having a rating of at least 2-A:10-B:C and containing a nominal 4.5 
pounds or more of dry-chemical agent.
    Noncombustible material means a material that, in the form in which 
it is used and under the conditions anticipated, will not ignite, burn, 
support combustion, or release flammable vapors when subjected to fire 
or heat. Concrete, masonry block, brick, and steel are examples of 
noncombustible materials.

[[Page 267]]

    Non-electric delay blasting cap means a detonator with an integral 
delay element and capable of being initiated by miniaturized detonating 
cord.
    Overburden means material of any nature, consolidated or 
unconsolidated, that overlies a deposit of useful materials or ores that 
are to be mined.
    Overload means that current which will cause an excessive or 
dangerous temperature in the conductor or conductor insulation.
    Permissible means a machine, material, apparatus, or device that has 
been investigated, tested, and approved by the Bureau of Mines or the 
Mine Safety and Health Administration and is maintained in permissible 
condition.
    Potable water means water which shall meet the applicable minimum 
health requirements for drinking water established by the State or 
community in which the mine is located or by the Environmental 
Protection Agency in 40 CFR part 141, pages 169-182 revised as of July 
1, 1977. Where no such requirements are applicable, the drinking water 
provided shall conform with the Public Health Service Drinking Water 
Standards, 42 CFR part 72, subpart J, pages 527-533, revised as of 
October 1, 1976. Publications to which references are made in this 
definition are hereby made a part hereof. These incorporated 
publications are available for inspection at each Metal and Nonmetal 
Mine Safety and Health District Office of the Mine Safety and Health 
Administration.
    Powder chest means a substantial, nonconductive portable container 
equipped with a lid and used at blasting sites for explosives other than 
blasting agents.
    Primer means a unit, package, or cartridge of explosives used to 
initiate other explosives or blasting agents, and which contains a 
detonator.
    Reverse-current protection means a method or device used on direct-
current circuits or equipment to prevent the flow of current in the 
reverse direction.
    Rock fixture means any tensioned or nontensioned device or material 
inserted into the ground to strengthen or support the ground.
    Roll protection means a framework, safety canopy or similar 
protection for the operator when equipment over-turns.
    Safety can means an approved container, of not over five gallons 
capacity, having a spring-closing lid and spout cover.
    Safety fuse means a flexible cord containing an internal burning 
medium by which fire is conveyed at a continuous and uniform rate for 
the purpose of firing blasting caps or a black powder charge.
    Safety switch means a sectionalizing switch that also provides shunt 
protection in blasting circuits between the blasting switch and the shot 
area.
    Scaling means removal of insecure material from a face or highwall.
    Secondary safety connection means a second connection between a 
conveyance and rope, intended to prevent the conveyance from running 
away or falling in the event the primary connection fails.
    Shaft means a vertical or inclined shaft, a slope, incline or winze.
    Short circuit means an abnormal connection of relatively low 
resistance, whether made accidentally or intentionally, between two 
points of different potential in a circuit.
    Slurry (as applied to blasting). See ``Water gel.''
    Storage facility means the entire class of structures used to store 
explosive materials. A ``storage facility'' used to store blasting 
agents corresponds to a BATF Type 4 or 5 storage facility.
    Storage tank means a container exceeding 60 gallons in capacity used 
for the storage of flammable or combustible liquids.
    Stray current means that portion of a total electric current that 
flows through paths other than the intended circuit.
    Substantial construction means construction of such strength, 
material, and workmanship that the object will withstand all reasonable 
shock, wear, and usage, to which it will be subjected.
    Suitable means that which fits, and has the qualities or 
qualifications to meet a given purpose, occasion, condition, function, 
or circumstance.
    Travelway means a passage, walk or way regularly used and designated 
for

[[Page 268]]

persons to go from one place to another.
    Water gel or Slurry (as applied to blasting) means an explosive or 
blasting agent containing substantial portions of water.
    Wet drilling means the continuous application of water through the 
central hole of hollow drill steel to the bottom of the drill hole.
    Working place means any place in or about a mine where work is being 
performed.

[69 FR 38837, June 29, 2004]

                               Procedures



Sec. 56.1000  Notification of commencement of operations and closing of mines.

    The owner, operator, or person in charge of any metal and nonmetal 
mine shall notify the nearest Mine Safety and Health Administration and 
Metal and Nonmetal Mine Safety and Health District Office before 
starting operations, of the approximate or actual date mine operation 
will commence. The notification shall include the mine name, location, 
the company name, mailing address, person in charge, and whether 
operations will be continuous or intermittent.
    When any mine is closed, the person in charge shall notify the 
nearest subdistrict office as provided above and indicate whether the 
closure is temporary or permanent.

[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995; 60 
FR 35695, July 11, 1995]



                        Subpart B_Ground Control

    Authority: 30 U.S.C. 811

    Source: 51 FR 36197, Oct. 8, 1986, unless otherwise noted.



Sec. 56.3000  Definitions.

    The following definitions apply in this subpart.
    Travelway. A passage, walk, or way regularly used or designated for 
persons to go from one place to another.

[51 FR 36197, Oct. 8, 1986, as amended at 69 FR 38840, June 29, 2004]

                             Mining Methods



Sec. 56.3130  Wall, bank, and slope stability.

    Mining methods shall be used that will maintain wall, bank, and 
slope stability in places where persons work or travel in performing 
their assigned tasks. When benching is necessary, the width and height 
shall be based on the type of equipment used for cleaning of benches or 
for scaling of walls, banks, and slopes.



Sec. 56.3131  Pit or quarry wall perimeter.

    In places where persons work or travel in performing their assigned 
tasks, loose or unconsolidated material shall be sloped to the angle of 
repose or stripped back for at least 10 feet from the top of the pit or 
quarry wall. Other conditions at or near the perimeter of the pit or 
quarry wall which create a fall-of-material hazard to persons shall be 
corrected.

                           Scaling and Support



Sec. 56.3200  Correction of hazardous conditions.

    Ground conditions that create a hazard to persons shall be taken 
down or supported before other work or travel is permitted in the 
affected area. Until corrective work is completed, the area shall be 
posted with a warning against entry and, when left unattended, a barrier 
shall be installed to impede unauthorized entry.



Sec. 56.3201  Location for performing scaling.

    Scaling shall be performed from a location which will not expose 
persons to injury from falling material, or other protection from 
falling material shall be provided.



Sec. 56.3202  Scaling tools.

    Where manual scaling is performed, a scaling bar shall be provided. 
This bar shall be of a length and design that will allow the removal of 
loose material without exposing the person performing this work to 
injury.



Sec. 56.3203  Rock fixtures.

    (a) For rock bolts and accessories addressed in ASTM F432-95, 
``Standard

[[Page 269]]

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

[51 FR 36197, Oct. 8, 1986, as amended at 51 FR 36804, Oct. 16, 1986; 63 
FR 20030, Apr. 22, 1998]

                               Precautions



Sec. 56.3400  Secondary breakage.

    Prior to secondary breakage operations, material to be broken, other 
than hanging material, shall be positioned or blocked to prevent 
movement which would endanger persons in the work area. Secondary 
breakage shall be performed from a location which would not expose 
persons to danger.



Sec. 56.3401  Examination of ground conditions.

    Persons experienced in examining and testing for loose ground shall 
be designated by the mine operator. Appropriate supervisors or other 
designated persons shall examine and, where applicable, test ground 
conditions in areas where work is to be performed prior to work 
commencing, after blasting, and as ground conditions warrant during the 
work shift. Highwalls and banks adjoining travelways shall be examined 
weekly or more often if changing ground conditions warrant.



Sec. 56.3430  Activity between machinery or equipment and the highwall or bank.

    Persons shall not work or travel between machinery or equipment and 
the highwall or bank where the machinery or equipment may hinder escape 
from falls or slides of the highwall or bank.

[[Page 270]]

Travel is permitted when necessary for persons to dismount.



                  Subpart C_Fire Prevention and Control

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



Sec. 56.4000  Definitions.

    The following definitions apply in this subpart.
    Flash point. The minimum temperature at which sufficient vapor is 
released by a liquid to form a flammable vapor-air mixture near the 
surface of the liquid.
    Safety can. A container of not over five gallons capacity that is 
designed to safely relieve internal pressure when exposed to heat and 
has a spring-closing lid and spout cover.

[50 FR 4054, Jan. 29, 1985, as amended at 68 FR 32361, May 30, 2003; 69 
FR 38840, June 29, 2004]



Sec. 56.4011  Abandoned electric circuits.

    Abandoned electric circuits shall be deenergized and isolated so 
that they cannot become energized inadvertently.

                  Prohibitions/Precautions/Housekeeping



Sec. 56.4100  Smoking and use of open flames.

    No person shall smoke or use an open flame where flammable or 
combustible liquids, including greases, or flammable gases are--
    (a) Used or transported in a manner that could create a fire hazard; 
or
    (b) Stored or handled.



Sec. 56.4101  Warning signs.

    Readily visible signs prohibiting smoking and open flames shall be 
posted where a fire or explosion hazard exists.



Sec. 56.4102  Spillage and leakage.

    Flammable or combustible liquid spillage or leakage shall be removed 
in a timely manner or controlled to prevent a fire hazard.



Sec. 56.4103  Fueling internal combustion engines.

    Internal combustion engines shall be switched off before refueling 
if the fuel tanks are integral parts of the equipment. This standard 
does not apply to diesel-powered equipment.



Sec. 56.4104  Combustible waste.

    (a) Waste materials, including liquids, shall not accumulate in 
quantities that could create a fire hazard.
    (b) Until disposed of properly, waste or rags containing flammable 
or combustible liquids that could create a fire hazard shall be placed 
in covered metal containers or other equivalent containers with flame 
containment characteristics.



Sec. 56.4130  Electric substations and liquid storage facilities.

    (a) If a hazard to persons could be created, no combustible 
materials shall be stored or allowed to accumulate within 25 feet of the 
following:
    (1) Electric substations.
    (2) Unburied, flammable or combustible liquid storage tanks.
    (3) Any group of containers used for storage of more than 60 gallons 
of flammable or combustible liquids.
    (b) The area within the 25-foot perimeter shall be kept free of dry 
vegetation.

                         Firefighting Equipment



Sec. 56.4200  General requirements.

    (a) For fighting fires that could endanger persons, each mine shall 
have--
    (1) Onsite firefighting equipment for fighting fires in their early 
stages; and
    (2) Onsite firefighting equipment for fighting fires beyond their 
early stages, or the mine shall have made prior arrangements with a 
local fire department to fight such fires.
    (b) This onsite firefighting equipment shall be--
    (1) Of the type, size, and quantity that can extinguish fires of any 
class which could occur as a result of the hazards present; and
    (2) Strategically located, readily accessible, plainly marked, and 
maintained in fire-ready condition.

[50 FR 4054, Jan. 29, 1985, as amended at 50 FR 20100, May 14, 1985]

[[Page 271]]



Sec. 56.4201  Inspection.

    (a) Firefighting equipment shall be inspected according to the 
following schedules:
    (1) Fire extinguishers shall be inspected visually at least once a 
month to determine that they are fully charged and operable.
    (2) At least once every twelve months, maintenance checks shall be 
made of mechanical parts, the amount and condition of extinguishing 
agent and expellant, and the condition of the hose, nozzle, and vessel 
to determine that the fire extinguishers will operate effectively.
    (3) Fire extinguishers shall be hydrostatically tested according to 
Table C-1 or a schedule based on the manufacturer's specifications to 
determine the integrity of extinguishing agent vessels.
    (4) Water pipes, valves, outlets, hydrants, and hoses that are part 
of the mine's firefighting system shall be visually inspected at least 
once every three months for damage or deterioration and use-tested at 
least once every twelve months to determine that they remain functional.
    (5) Fire suppression systems shall be inspected at least once every 
twelve months. An inspection schedule based on the manufacturer's 
specifications or the equivalent shall be established for individual 
components of a system and followed to determine that the system remains 
functional. Surface fire suppression systems are exempt from these 
inspection requirements if the systems are used solely for the 
protection of property and no persons would be affected by a fire.
    (b) At the completion of each inspection or test required by this 
standard, the person making the inspection or test shall certify that 
the inspection or test has been made and the date on which it was made. 
Certifications of hydrostatic testing shall be retained until the fire 
extinguisher is retested or permanently removed from service. Other 
certifications shall be retained for one year.

      Table C-1--Hydrostatic Test Intervals for Fire Extinguishers
------------------------------------------------------------------------
                                                                  Test
                      Extinguisher type                         interval
                                                                (years)
------------------------------------------------------------------------
Soda Acid....................................................          5
Cartridge-Operated Water and/or Antifreeze...................          5
Stored-Pressure Water and/or Antifreeze......................          5
Wetting Agent................................................          5
Foam.........................................................          5
AFFF (Aqueous Film Forming Foam).............................          5
Loaded Stream................................................          5
Dry-Chemical with Stainless Steel Shells.....................          5
Carbon Dioxide...............................................          5
Dry-Chemical, Stored Pressure, with Mild Steel Shells, Brazed         12
 Brass Shells, or Aluminum Shells............................
Dry-Chemical, Cartridge or Cylinder Operated, with Mild Steel         12
 Shells......................................................
Bromotrifluoromethane--Halon 1301............................         12
Bromochlorodifluoromethane--Halon 1211.......................         12
Dry-Powder, Cartridge or Cylinder-Operated, with Mild Steel           12
 Shells\1\...................................................
------------------------------------------------------------------------
\1\ Except for stainless steel and steel used for compressed gas
  cylinders, all other steel shells are defined as ``mild steel''
  shells.



Sec. 56.4202  Fire hydrants.

    If fire hydrants are part of the mine's firefighting system, the 
hydrants shall be provided with--
    (a) Uniform fittings or readily available adapters for onsite 
firefighting equipment;
    (b) Readily available wrenches or keys to open the valves; and
    (c) Readily available adapters capable of connecting hydrant 
fittings to the hose equipment of any firefighting organization relied 
upon by the mine.



Sec. 56.4203  Extinguisher recharging or replacement.

    Fire extinguishers shall be recharged or replaced with a fully 
charged extinguisher promptly after any discharge.



Sec. 56.4230  Self-propelled equipment.

    (a)(1) Whenever a fire or its effects could impede escape from self-
propelled equipment, a fire extinguisher shall be on the equipment.
    (2) Whenever a fire or its effects would not impede escape from the 
equipment but could affect the escape of other persons in the area, a 
fire extinguisher shall be on the equipment or within 100 feet of the 
equipment.

[[Page 272]]

    (b) A fire suppression system may be used as an alternative to fire 
extinguishers if the system can be manually activated.
    (c) Fire extinguishers or fire suppression systems shall be of a 
type and size that can extinguish fires of any class in their early 
stages which could originate from the equipment's inherent fire hazards. 
Fire extinguishers or manual actuators for the suppression system shall 
be located to permit their use by persons whose escape could be impeded 
by fire.

                  Firefighting Procedures/Alarms/Drills



Sec. 56.4330  Firefighting, evacuation, and rescue procedures.

    (a) Mine operators shall establish emergency firefighting, 
evacuation, and rescue procedures. These procedures shall be coordinated 
in advance with available firefighting organizations.
    (b) Fire alarm procedures or systems shall be established to pomptly 
warn every person who could be endangered by a fire.
    (c) Fire alarm systems shall be maintained in operable condition.



Sec. 56.4331  Firefighting drills.

    Emergency firefighting drills shall be held at least once every six 
months for persons assigned firefighting responsibilities by the mine 
operator.

               Flammable and Combustible Liquids and Gases



Sec. 56.4400  Use restrictions.

    (a) Flammable liquids shall not be used for cleaning.
    (b) Solvents shall not be used near an open flame or other ignition 
source, near any source of heat, or in an atmosphere that can elevate 
the temperature of the solvent above the flash point.



Sec. 56.4401  Storage tank foundations.

    Fixed, unburied, flammable or combustible liquid storage tanks shall 
be securely mounted on firm foundations. Piping shall be provided with 
flexible connections or other special fittings where necessary to 
prevent leaks caused by tanks settling.



Sec. 56.4402  Safety can use.

    Small quantities of flammable liquids drawn from storage shall be 
kept in safety cans labeled to indicate the contents.



Sec. 56.4430  Storage facilities.

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

                  Installation/Construction/Maintenance



Sec. 56.4500  Heat sources.

    Heat sources capable of producing combustion shall be separated from

[[Page 273]]

combustible materials if a fire hazard could be created.



Sec. 56.4501  Fuel lines.

    Fuel lines shall be equipped with valves capable of stopping the 
flow of fuel at the source and shall be located and maintained to 
minimize fire hazards. This standard does not apply to fuel lines on 
self-propelled equipment.



Sec. 56.4502  Battery-charging stations.

    (a) Battery-charging stations shall be ventilated with a sufficient 
volume of air to prevent the accumulation of hydrogen gas.
    (b) Smoking, use of open flames, or other activities that could 
create an ignition source shall be prohibited at the battery charging 
station during battery charging.
    (c) Readily visible signs prohibiting smoking or open flames shall 
be posted at battery-charging stations during battery charging.



Sec. 56.4503  Conveyor belt slippage.

    Belt conveyors within confined areas where evacuation would be 
restricted in the event of a fire resulting from belt-slippage shall be 
equipped with a detection system capable of automatically stopping the 
drive pulley. A person shall attend the belt at the drive pulley when it 
is necessary to operate the conveyor while temporarily bypassing the 
automatic function.



Sec. 56.4530  Exits.

    Buildings or structures in which persons work shall have a 
sufficient number of exits to permit prompt escape in case of fire.



Sec. 56.4531  Flammable or combustible liquid storage buildings or rooms.

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

                    Welding/Cutting/Compressed Gases



Sec. 56.4600  Extinguishing equipment.

    (a) When welding, cutting, soldering, thawing, or bending--
    (1) With an electric arc or with an open flame where an electrically 
conductive extinguishing agent could create an electrical hazard, a 
multipurpose dry-chemical fire extinguisher or other extinguisher with 
at least a 2-A:10-B:C rating shall be at the worksite.
    (2) With an open flame in an area where no electrical hazard exists, 
a multipurpose dry-chemical fire extinguisher or equivalent fire 
extinguishing equipment for the class of fire hazard present shall be at 
the worksite.
    (b) Use of halogenated fire extinguishing agents to meet the 
requirements of this standard shall be limited to Halon 1211 
(CBrClF2) and Halon 1301 (CBrF3). When these 
agents are used in confined or unventilated areas, precautions based on 
the manufacturer's use instructions shall be taken so that the gases 
produced by thermal decompostion of the agents are not inhaled.



Sec. 56.4601  Oxygen cylinder storage.

    Oxygen cylinders shall not be stored in rooms or areas used or 
designated for storage of flammable or combustible liquids, including 
grease.



Sec. 56.4602  Gauges and regulators.

    Gauges and regulators used with oxygen or acetylene cylinders shall 
be kept clean and free of oil and grease.



Sec. 56.4603  Closure of valves.

    To prevent accidental release of gases from hoses and torches 
attached to oxygen and acetylene cylinders or to

[[Page 274]]

manifold systems, cylinder or manifold system valves shall be closed 
when--
    (a) The cylinders are moved;
    (b) The torch and hoses are left unattended; or
    (c) The task or series of tasks is completed.



Sec. 56.4604  Preparation of pipelines or containers.

    Before welding, cutting, or applying heat with an open flame to 
pipelines or containers that have contained flammable or combustible 
liquids, flammable gases, or explosive solids, the pipelines or 
containers shall be--
    (a) Drained, ventilated, and thoroughly cleaned of any residue;
    (b) Vented to prevent pressure build-up during the application of 
heat; and
    (c)(1) Filled with an inert gas or water, where compatible; or
    (2) Determined to be free of flammable gases by a flammable gas 
detection device prior to and at frequent intervals during the 
application of heat.

    Appendix I to Subpart C of Part 56--National Consensus Standards

    Mine operators seeking further information in the area of fire 
prevention and control may consult the following national consensus 
standards.

------------------------------------------------------------------------
            MSHA standard                 National consensus standard
------------------------------------------------------------------------
Sec. Sec. 56.4200, 56.4201.......  NFPA No. 10--Portable Fire
                                       Extinguisher.
                                      NFPA No. 11--Low Expansion Foam
                                       and Combined Agent Systems.
                                      NFPA No. 11A--High Expansion Foam
                                       Systems.
                                      NFPA No. 12--Carbon Dioxide
                                       Extinguishing Systems.
                                      NFPA No. 12A--Halon 1301
                                       Extinguishing Systems.
                                      NFPA No. 13--Water Sprinkler
                                       Systems.
                                      NFPA No. 14--Standpipe and Hose
                                       Systems.
                                      NFPA No. 15--Water Spray Fixed
                                       Systems.
                                      NFPA No. 16--Foam Water Spray
                                       Systems.
                                      NFPA No. 17--Dry-Chemical
                                       Extinguishing Systems.
                                      NFPA No. 121--Mobile Surface
                                       Mining Equipment.
                                      NFPA No. 291--Testing and
                                       Marketing Hydrants.
                                      NFPA No. 1962--Care, Use, and
                                       Maintenance of Fire Hose,
                                       Connections, and Nozzles.
Sec. 56.4202......................  NFPA No. 14--Standpipe and Hose
                                       Systems.
                                      NFPA No. 291--Testing and
                                       Marketing Hydrants.
Sec. 56.4203......................  NFPA No. 10--Portable Fire
                                       Extinguishers.
Sec. 56.4230......................  NFPA No. 10--Portable Fire
                                       Extinguishers.
                                      NFPA No. 121--Mobile Surface
                                       Mining Equipment.
------------------------------------------------------------------------



                Subpart D_Air Quality and Physical Agents

                               Air Quality



Sec. 56.5001  Exposure limits for airborne contaminants.

    Except as permitted by Sec. 56.5005--
    (a) Except as provided in paragraph (b) of this section, the 
exposure to airborne contaminants shall not exceed, on the basis of a 
time weighted average, the threshold limit values adopted by the 
American Conference of Governmental Industrial Hygienists, as set forth 
and explained in the 1973 edition of the Conference's publication, 
entitled ``TLV's Threshold Limit Values for Chemical Substances in 
Workroom Air Adopted by ACGIH for 1973,'' pages 1 through 54, which are 
hereby incorporated by reference and made a part hereof. This 
publication may be obtained from the American Conference of Governmental 
industrial Hygienists by writing to the Secretary-Treasurer, P.O Box 
1937, Cincinnati, Ohio 45201, or may be examined in any Metal and 
Nonmetal Mine Safety and Health District Office of the Mine Safety and 
Health Administration. Excursions above the listed thresholds shall not 
be of a greater magnitude than is characterized as permissible by the 
Conference.
    (b) The 8-hour time weighted average airborne concentration of 
asbestos dust to which employees are exposed shall not exceed 2 fibers 
per milliliter greater than 5 microns in length, as determined by the 
membrane filter method at 400-450 magnification (4 millimeter objective) 
phase contrast illumination. No employees shall be exposed at any time 
to airborne concentrations of asbestos fibers in excess of 10 fibers 
longer than 5 micrometers, per milliliter of air, as determined by the 
membrane filter method over a minimum sampling time of 15 minutes. 
``Asbestos'' is a generic term for a number of

[[Page 275]]

hydrated silicates that, when crushed or processed, separate into 
flexible fibers made up of fibrils. Although there are many asbestos 
minerals, the term `'asbestos'' as used herein is limited to the 
following minerals: chrysotile, amosite, crocidolite, anthophylite 
asbestos, tremolite asbestos, and actinolite asbestos.
    (c) Employees shall be withdrawn from areas where there is present 
an airborne contaminant given a ``C'' designation by the Conference and 
the concentration exceeds the threshold limit value listed for that 
contaminant.

[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 35695, July 11, 1995]



Sec. 56.5002  Exposure monitoring.

    Dust, gas, mist, and fume surveys shall be conducted as frequently 
as necessary to determine the adequacy of control measures.



Sec. 56.5005  Control of exposure to airborne contaminants.

    Control of employee exposure to harmful airborne contaminants shall 
be, insofar as feasible, by prevention of contamination, removal by 
exhaust ventilation, or by dilution with uncontaminated air. However, 
where accepted, engineering control measures have not been developed or 
when necessary by the nature of work involved (for example, while 
establishing controls or occasional entry into hazardous atmospheres to 
perform maintenance or investigation), employees may work for reasonable 
periods of time in concentrations of airborne contaminants exceeding 
permissible levels if they are protected by appropriate respiratory 
protective equipment. Whenever respiratory protective equipment is used 
a program for selection, maintenance, training, fitting, supervision, 
cleaning, and use shall meet the following miminum requirements:
    (a) Respirators approved by NIOSH under 42 CFR part 84 which are 
applicable and suitable for the purpose intended shall be furnished and 
miners shall use the protective equipment in accordance with training 
and instruction.
    (b) A respirator program consistent with the requirements of ANSI 
Z88.2-1969, published by the American National Standards Institute and 
entitled ``American National Standards Practices for Respiratory 
Protection ANSI Z88.2-1969,'' approved August 11, 1969, which is hereby 
incorporated by reference and made a part hereof. This publication may 
be obtained from the American National Standards Institute, Inc., 1430 
Broadway, New York, New York 10018, or may be examined in any Metal and 
Nonmetal Mine Safety and Health District Office of the Mine Safety and 
Health Administration.
    (c) When respiratory protection is used in atmospheres immediately 
harmful to life, the presence of at least one other person with backup 
equipment and rescue capability shall be required in the event of 
failure of the respiratory equipment.

[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 30400, June 8, 1995; 60 
FR 33723, June 29, 1995; 60 FR 35695, July 11, 1995]



Sec. 56.5006  Restricted use of chemicals.

    The following chemical substances shall not be used or stored except 
by competent persons under laboratory conditions approved by a 
nationally recognized agency acceptable to the Secretary.
    (a) Carbon tetrachloride.
    (b) Phenol,
    (c) 4-Nitrobiphenyl,
    (d) Alpha-naphthylamine,
    (e) 4,4-Methylene Bis (2-chloroaniline),
    (f) Methyl-chloromethyl ether,
    (g) 3,3 Dichlorobenzidine,
    (h) Bis (chloromethyl) ether,
    (i) Beta-napthylamine,
    (j) Benzidine,
    (k) 4-Aminodiphenyl,
    (l) Ethyleneimine,
    (m) Beta-propiolactone,
    (n) 2-Acetylaminofluorene,
    (o) 4-Dimethylaminobenzene, and
    (p) N-Nitrosodimethylamine.



                          Subpart E_Explosives

    Source: 61 FR 36795, July 12, 1996, unless otherwise noted.



Sec. 56.6000  Definitions.

    The following definitions apply in this subpart.

[[Page 276]]

    Blasting agent. Any substance classified as a blasting agent by the 
Department of Transportation in 49 CFR 173.114a(a). This document is 
available at any MSHA Metal and Nonmetal Safety and Health district 
office.
    Detonating cord. A flexible cord containing a center core of high 
explosives which may be used to initiate other explosives.
    Detonator. Any device containing a detonating charge used to 
initiate an explosive. These devices include electric or nonelectric 
instantaneous or delay blasting caps and delay connectors. The term 
``detonator'' does not include detonating cord. Detonators may be either 
``Class A'' detonators or ``Class C'' detonators, as classified by the 
Department of Transportation in 49 CFR 173.53, and 173.100. This 
document is available at any MSHA Metal and Nonmetal Safety and Health 
district office.
    Flash point. The minimum temperature at which sufficient vapor is 
released by a liquid to form a flammable vapor-air mixture near the 
surface of the liquid.
    Igniter cord. A fuse that burns progressively along its length with 
an external flame at the zone of burning, used for lighting a series of 
safety fuses in a desired sequence.
    Magazine. A bullet-resistant, theft-resistant, fire-resistant, 
weather-resistant, ventilated facility for the storage of explosives and 
detonators (BATF Type 1 or Type 2 facility).
    Misfire. The complete or partial failure of explosive material to 
detonate as planned. The term also is used to describe the explosive 
material itself that has failed to detonate.
    Primer. A unit, package, or cartridge of explosives which contains a 
detonator and is used to initiate other explosives or blasting agents.
    Safety switch. A switch that provides shunt protection in blasting 
circuits between the blast site and the switch used to connect a power 
source to the blasting circuit.
    Slurry. An explosive material containing substantial portions of a 
liquid, oxidizers, and fuel, plus a thickener.
    Water gel. An explosive material containing substantial portions of 
water, oxidizers, and fuel, plus a cross-linking agent.

[50 FR 4054, Jan. 29, 1985, as amended at 67 FR 38385, June 4, 2002; 68 
FR 32361, May 30, 2003; 69 FR 38840, June 29, 2004]

                                 Storage



Sec. 56.6100  Separation of stored explosive material.

    (a) Detonators shall not be stored in the same magazine with other 
explosive material.
    (b) When stored in the same magazine, blasting agents shall be 
separated from explosives, safety fuse, and detonating cord to prevent 
contamination.



Sec. 56.6101  Areas around explosive material storage facilities.

    (a) Areas surrounding storage facilities for explosive material 
shall be clear of rubbish, brush, dry grass, and trees for 25 feet in 
all directions, except that live trees 10 feet or taller need not be 
removed.
    (b) Other combustibles shall not be stored or allowed to accumulate 
within 50 feet of explosive material. Combustible liquids shall be 
stored in a manner that ensures drainage will occur away from the 
explosive material storage facility in case of tank rupture.



Sec. 56.6102  Explosive material storage practices.

    (a) Explosive material shall be--
    (1) Stored in a manner to facilitate use of oldest stocks first;
    (2) Stored according to brand and grade in such a manner as to 
facilitate identification; and
    (3) Stacked in a stable manner but not more than 8 feet high.
    (b) Explosives and detonators shall be stored in closed 
nonconductive containers except that nonelectric detonating devices may 
be stored on nonconductive racks provided the case-insert instructions 
and the date-plant-shift code are maintained with the product.



Sec. 56.6130  Explosive material storage facilities.

    (a) Detonators and explosives shall be stored in magazines.
    (b) Packaged blasting agents shall be stored in a magazine or other 
facility

[[Page 277]]

which is ventilated to prevent dampness and excessive heating, weather-
resistant, and locked or attended. Drop trailers do not have to be 
ventilated if they are currently licensed by the Federal, State, or 
local authorities for over-the-road use. Facilities other than magazines 
used to store blasting agents shall contain only blasting agents.
    (c) Bulk blasting agents shall be stored in weather-resistant bins 
or tanks which are locked, attended, or otherwise inaccessible to 
unauthorized entry.
    (d) Facilities, bins or tanks shall be posted with the appropriate 
United States Department of Transportation placards or other appropriate 
warning signs that indicate the contents and are visible from each 
approach.



Sec. 56.6131  Location of explosive material storage facilities.

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



Sec. 56.6132  Magazine requirements.

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



Sec. 56.6133  Powder chests.

    (a) Powder chests (day boxes) shall be--
    (1) Structurally sound, weather-resistant, equipped with a lid or 
cover, and with only nonsparking material on the inside;
    (2) Posted with the appropriate United States Department of 
Transportation placards or other appropriate warning signs that indicate 
the contents and are visible from each approach;
    (3) Located out of the blast area once loading has been completed;
    (4) Locked or attended when containing explosive material; and
    (5) Emptied at the end of each shift with the contents returned to a 
magazine or other storage facility, or attended.
    (b) Detonators shall be kept in chests separate from explosives or 
blasting agents, unless separated by 4-inches of hardwood or equivalent, 
or a laminated partition. When a laminated partition

[[Page 278]]

is used, operators must follow the provisions of the Institute of Makers 
of Explosives (IME) Safety Library Publication No. 22, ``Recommendations 
for the Safe Transportation of Detonators in a Vehicle with other 
Explosive Materials,'' (May 1993), and the ``Generic Loading Guide for 
the IME-22 Container,'' (October 1993). This incorporation by reference 
has been approved by the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA, 
1100 Wilson Blvd., Room 2436, Arlington, Virginia 22209-3939, and at all 
Metal and Nonmetal Mine Safety and Health district offices, or available 
for inspection at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal--register/
code--of--federal--regulations/ibr--locations.html.

[50 FR 4054, Jan. 29, 1985, as amended at 67 FR 38385, June 4, 2002]

                             Transportation



Sec. 56.6200  Delivery to storage or blast site areas.

    Explosive material shall be transported without undue delay to the 
storage area or blast site.



Sec. 56.6201  Separation of transported explosive material.

    Detonators shall not be transported on the same vehicle or 
conveyance with other explosives except as follows:
    (a) Detonators in quantities of more than 1000 may be transported in 
a vehicle or conveyance with explosives or blasting agents provided the 
detonators are--
    (1) Maintained in the original packaging as shipped from the 
manufacturer; and
    (2) Separated from explosives or blasting agents by 4-inches of 
hardwood or equivalent, or a laminated partition. The hardwood or 
equivalent shall be fastened to the vehicle or conveyance. When a 
laminated partition is used, operators must follow the provisions of the 
Institute of Makers of Explosives (IME) Safety Library Publication 
No.22, ``Recommendations for the Safe Transportation of Detonators in a 
Vehicle with other Explosive Materials,'' (May 1993), and the ``Generic 
Loading Guide for the IME-22 Container,'' (October 1993). This 
incorporation by reference has been approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies are available at MSHA, 1100 Wilson Blvd., Room 2436, Arlington, 
Virginia 22209-3939, and at all Metal and Nonmetal Mine Safety and 
Health district offices, or available for inspection at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (b) Detonators in quantities of 1000 or fewer may be transported 
with explosives or blasting agents provided the detonators are--
    (1) Kept in closed containers; and
    (2) Separated from explosives or blasting agents by 4-inches of 
hardwood or equivalent, or a laminated partition. The hardwood or 
equivalent shall be fastened to the vehicle or conveyance. When a 
laminated partition is used, operators must follow the provisions of IME 
Safety Library Publication No. 22, ``Recommendations for the Safe 
Transportation of Detonators in a Vehicle with other Explosive 
Materials,'' (May 1993), and the ``Generic Loading Guide for the IME-22 
Container,'' (October 1993). This incorporation by reference has been 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA, 1100 
Wilson Blvd., Room 2436, Arlington, Virginia 22209-3939, and at all 
Metal and Nonmetal Mine Safety and Health district offices, or available 
for inspection at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal--register/
code--of--federal--regulations/ibr--locations.html.

[50 FR 4054, Jan. 29, 1985, as amended at 67 FR 38385, June 4, 2002]

[[Page 279]]



Sec. 56.6202  Vehicles.

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



Sec. 56.6203  Locomotives.

    Explosive material shall not be transported on a locomotive. When 
explosive material is hauled by trolley locomotive, covered, 
electrically insulated cars shall be used.



Sec. 56.6204  Hoists.

    (a) Before explosive material is transported in hoist conveyances, 
the hoist operator shall be notified.
    (b) Explosive material transported in hoist conveyances shall be 
placed within a container which prevents shifting of the cargo that 
could cause detonation of the container by impact or by sparks. The 
manufacturer's container may be used if secured to a nonconductive 
pallet. When explosives are transported, they shall be secured so as not 
to contact any sparking material.
    (c) No explosive material shall be transported during a mantrip.



Sec. 56.6205  Conveying explosives by hand.

    Closed, nonconductive containers shall be used to carry explosives 
and detonators to and from blast sites. Separate containers shall be 
used for explosives and detonators.

                                   Use



Sec. 56.6300  Control of blasting operations.

    (a) Only persons trained and experienced in the handling and use of 
explosive material shall direct blasting operations and related 
activities.
    (b) Trainees and inexperienced persons shall work only in the 
immediate presence of persons trained and experienced in the handling 
and use of explosive material.



Sec. 56.6301  Blasthole obstruction check.

    Before loading, blastholes shall be checked and, wherever possible, 
cleared of obstructions.



Sec. 56.6302  Separation of explosive material.

    Explosives and blasting agents shall be kept separated from 
detonators until loading begins.



Sec. 56.6303  Initiation preparation.

    (a) Primers shall be made up only at the time of use and as close to 
the blast site as conditions allow.
    (b) Primers shall be prepared with the detonator contained securely 
and completely within the explosive or contained securely and 
appropriately for its design in the tunnel or cap well.

[[Page 280]]

    (c) When using detonating cord to initiate another explosive, a 
connection shall be prepared with the detonating cord threaded through, 
attached securely to, or otherwise in contact with the explosive.



Sec. 56.6304  Primer protection.

    (a) Tamping shall not be done directly on a primer.
    (b) Rigid cartridges of explosives or blasting agents that are 4 
inches (100 millimeters) in diameter or larger shall not be dropped on 
the primer except where the blasthole contains sufficient depth of water 
to protect the primer from impact. Slit packages of prill, water gel, or 
emulsions are not considered rigid cartridges and may be drop loaded.



Sec. 56.6305  Unused explosive material.

    Unused explosive material shall be moved to a protected location as 
soon as practical after loading operations are completed.



Sec. 56.6306  Loading, blasting, and security.

    (a) When explosive materials or initiating systems are brought to 
the blast site, the blast site shall be attended; barricaded and posted 
with warning signs, such as ``Danger,'' ``Explosives,'' or ``Keep Out;'' 
or flagged against unauthorized entry.
    (b) Vehicles and equipment shall not be driven over explosive 
material or initiating systems in a manner which could contact the 
material or systems, or create other hazards.
    (c) Once loading begins, the only activities permitted within the 
blast site shall be those activities directly related to the blasting 
operation and the activities of surveying, stemming, sampling of 
geology, and reopening of holes, provided that reasonable care is 
exercised. Haulage activity is permitted near the base of a highwall 
being loaded or awaiting firing, provided no other haulage access 
exists.
    (d) Loading and blasting shall be conducted in a manner designed to 
facilitate a continuous process, with the blast fired as soon as 
possible following the completion of loading. If blasting a loaded round 
may be delayed for more than 72 hours, the operator shall notify the 
appropriate MSHA district office.
    (e) In electric blasting prior to connecting to the power source, 
and in nonelectric blasting prior to attaching an initiating device, all 
persons shall leave the blast area except persons in a blasting shelter 
or other location that protects them from concussion (shock wave), 
flying material, and gases.
    (f) Before firing a blast--
    (1) Ample warning shall be given to allow all persons to be 
evacuated;
    (2) Clear exit routes shall be provided for persons firing the 
round; and
    (3) All access routes to the blast area shall be guarded or 
barricaded to prevent the passage of persons or vehicles.
    (g) Work shall not resume in the blast area until a post-blast 
examination addressing potential blast-related hazards has been 
conducted by a person with the ability and experience to perform the 
examination.



Sec. 56.6307  Drill stem loading.

    Explosive material shall not be loaded into blastholes with drill 
stem equipment or other devices that could be extracted while containing 
explosive material. The use of loading hose, collar sleeves, or collar 
pipes is permitted.



Sec. 56.6308  Initiation systems.

    Initiation systems shall be used in accordance with the 
manufacturer's instructions.



Sec. 56.6309  Fuel oil requirements for ANFO.

    (a) Liquid hydrocarbon fuels with flash points lower than that of 
No. 2 diesel oil (125 [deg]F) shall not be used to prepare ammonium 
nitrate-fuel oil, except that diesel fuels with flash points no lower 
than 100 [deg]F may be used at ambient air temperatures below 45 [deg]F.
    (b) Waste oil, including crankcase oil, shall not be used to prepare 
ammonium nitrate-fuel oil.



Sec. 56.6310  Misfire waiting period.

    When a misfire is suspected, persons shall not enter the blast 
area--
    (a) For 30 minutes if safety fuse and blasting caps are used; or
    (b) For 15 minutes if any other type detonators are used.

[[Page 281]]



Sec. 56.6311  Handling of misfires.

    (a) Faces and muck piles shall be examined for misfires after each 
blasting operation.
    (b) Only work necessary to remove a misfire and protect the safety 
of miners engaged in the removal shall be permitted in the affected area 
until the misfire is disposed of in a safe manner.
    (c) When a misfire cannot be disposed of safely, each approach to 
the area affected by the misfire shall be posted with a warning sign at 
a conspicuous location to prohibit entry, and the condition shall be 
reported immediately to mine management.
    (d) Misfires occurring during the shift shall be reported to mine 
management not later than the end of the shift.



Sec. 56.6312  Secondary blasting.

    Secondary blasts fired at the same time in the same work area shall 
be initiated from one source.

                            Electric Blasting



Sec. 56.6400  Compatibility of electric detonators.

    All electric detonators to be fired in a round shall be from the 
same manufacturer and shall have similar electrical firing 
characteristics.



Sec. 56.6401  Shunting.

    Except during testing--
    (a) Electric detonators shall be kept shunted until connected to the 
blasting line or wired into a blasting round;
    (b) Wired rounds shall be kept shunted until connected to the 
blasting line; and
    (c) Blasting lines shall be kept shunted until immediately before 
blasting.



Sec. 56.6402  Deenergized circuits near detonators.

    Electrical distribution circuits within 50 feet of electric 
detonators at the blast site shall be deenergized. Such circuits need 
not be deenergized between 25 to 50 feet of the electric detonators if 
stray current tests, conducted as frequently as necessary, indicate a 
maximum stray current of less than 0.05 amperes through a 1-ohm resistor 
as measured at the blast site.



Sec. 56.6403  Branch circuits.

    (a) If electric blasting includes the use of branch circuits, each 
branch shall be equipped with a safety switch or equivalent method to 
isolate the circuits to be used.
    (b) At least one safety switch or equivalent method of protection 
shall be located outside the blast area and shall be in the open 
position until persons are withdrawn.



Sec. 56.6404  Separation of blasting circuits from power source.

    (a) Switches used to connect the power source to a blasting circuit 
shall be locked in the open position except when closed to fire the 
blast.
    (b) Lead wires shall not be connected to the blasting switch until 
the shot is ready to be fired.



Sec. 56.6405  Firing devices.

    (a) Power sources shall be capable of delivering sufficient current 
to energize all electric detonators to be fired with the type of 
circuits used. Storage or dry cell batteries are not permitted as power 
sources.
    (b) Blasting machines shall be tested, repaired, and maintained in 
accordance with manufacturer's instructions.
    (c) Only the blaster shall have the key or other control to an 
electrical firing device.



Sec. 56.6406  Duration of current flow.

    If any part of a blast is connected in parallel and is to be 
initiated from powerlines or lighting circuits, the time of current flow 
shall be limited to a maximum of 25 milliseconds. This can be 
accomplished by incorporating an arcing control device in the blasting 
circuit or by interrupting the circuit with an explosive device attached 
to one or both lead lines and initiated by a 25-millisecond delay 
electric detonator.



Sec. 56.6407  Circuit testing.

    A blasting galvanometer or other instrument designed for testing 
blasting circuits shall be used to test each of the following:

[[Page 282]]

    (a) Continuity of each electric detonator in the blasthole prior to 
stemming and connection to the blasting line.
    (b) Resistance of individual series or the resistance of multiple 
balanced series to be connected in parallel prior to their connection to 
the blasting line.
    (c) Continuity of blasting lines prior to the connection of electric 
detonator series.
    (d) Total blasting circuit resistance prior to connection to the 
power source.

                          Nonelectric Blasting



Sec. 56.6500  Damaged initiating material.

    A visual check of the completed circuit shall be made to ensure that 
the components are properly aligned and connected. Safety fuse, igniter 
cord, detonating cord, shock or gas tubing, and similar material which 
is kinked, bent sharply, or damaged shall not be used.



Sec. 56.6501  Nonelectric initiation systems.

    (a) When the nonelectric initiation system uses shock tube--
    (1) Connections with other initiation devices shall be secured in a 
manner which provides for uninterrupted propagation;
    (2) Factory-made units shall be used as assembled and shall not be 
cut except that a single splice is permitted on the lead-in trunkline 
during dry conditions; and
    (3) Connections between blastholes shall not be made until 
immediately prior to clearing the blast site when surface delay 
detonators are used.
    (b) When the nonelectric initiation system uses detonating cord--
    (1) The line of detonating cord extending out of a blasthole shall 
be cut from the supply spool immediately after the attached explosive is 
correctly positioned in the hole;
    (2) In multiple row blasts, the trunkline layout shall be designed 
so that the detonation can reach each blasthole from at least two 
directions;
    (3) Connections shall be tight and kept at right angles to the 
trunkline;
    (4) Detonators shall be attached securely to the side of the 
detonating cord and pointed in the direction in which detonation is to 
proceed;
    (5) Connections between blastholes shall not be made until 
immediately prior to clearing the blast site when surface delay 
detonators are used; and
    (6) Lead-in lines shall be manually unreeled if connected to the 
trunklines at the blast site.
    (c) When the nonelectric initiation system uses gas tube, continuity 
of the circuit shall be tested prior to blasting.



Sec. 56.6502  Safety fuse.

    (a) The burning rate of each spool of safety fuse to be used shall 
be measured, posted in locations which will be conspicuous to safety 
fuse users, and brought to the attention of all persons involved with 
the blasting operation.
    (b) When firing with safety fuse ignited individually using handheld 
lighters, the safety fuse shall be of lengths which provide at least the 
minimum burning time for a particular size round, as specified in the 
following table:

              Table E-1--Safety Fuse--Minimum Burning Time
------------------------------------------------------------------------
       Number of holes in a round             Minimum  burning time
------------------------------------------------------------------------
1......................................  2 min.\1\
2-5....................................  2 min. 40 sec.
6-10...................................  3 min. 20 sec.
11 to 15...............................  5 min.
------------------------------------------------------------------------
\1\ For example, at least a 36-inch length of 40-second-per-foot safety
  fuse or at least a 48-inch length of 30-second-per-foot safety fuse
  would have to be used to allow sufficient time to evacuate the area.

    (c) Where flyrock might damage exposed safety fuse, the blast shall 
be timed so that all safety fuses are burning within the blastholes 
before any blasthole detonates.
    (d) Fuse shall be cut and capped in dry locations.
    (e) Blasting caps shall be crimped to fuse only with implements 
designed for that purpose.
    (f) Safety fuse shall be ignited only after the primer and the 
explosive material are securely in place.
    (g) Safety fuse shall be ignited only with devices designed for that 
purpose. Carbide lights, liquefied petroleum gas torches, and cigarette 
lighters shall not be used to light safety fuse.
    (h) At least two persons shall be present when lighting safety fuse, 
and

[[Page 283]]

no one shall light more than 15 individual fuses. If more than 15 holes 
per person are to be fired, electric initiation systems, igniter cord 
and connectors, or other nonelectric initiation systems shall be used.

                         Extraneous Electricity



Sec. 56.6600  Loading practices.

    If extraneous electricity is suspected in an area where electric 
detonators are used, loading shall be suspended until tests determine 
that stray current does not exceed 0.05 amperes through a 1-ohm resister 
when measured at the location of the electric detonators. If greater 
levels of extraneous electricity are found, the source shall be 
determined and no loading shall take place until the condition is 
corrected.



Sec. 56.6601  Grounding.

    Electric blasting circuits, including powerline sources when used, 
shall not be grounded.



Sec. 56.6602  Static electricity dissipation during loading.

    When explosive material is loaded pneumatically into a blasthole in 
a manner that generates a static electricity hazard--
    (a) An evaluation of the potential static electricity hazard shall 
be made and any hazard shall be eliminated before loading begins;
    (b) The loading hose shall be of a semiconductive type, have a total 
of not more than 2 megohms of resistance over its entire length and not 
less than 1000 ohms of resistance per foot;
    (c) Wire-countered hoses shall not be used;
    (d) Conductive parts of the loading equipment shall be bonded and 
grounded and grounds shall not be made to other potential sources of 
extraneous electricity; and
    (e) Plastic tubes shall not be used as hole liners if the hole 
contains an electric detonator.



Sec. 56.6603  Air gap.

    At least a 15-foot air gap shall be provided between the blasting 
circuit and the electric power source.



Sec. 56.6604  Precautions during storms.

    During the approach and progress of an electrical storm, blasting 
operations shall be suspended and persons withdrawn from the blast area 
or to a safe location.



Sec. 56.6605  Isolation of blasting circuits.

    Lead wires and blasting lines shall be isolated and insulated from 
power conductors, pipelines, and railroad tracks, and shall be protected 
from sources of stray or static electricity. Blasting circuits shall be 
protected from any contact between firing lines and overhead powerlines 
which could result from the force of a blast.

                             Equipment/Tools



Sec. 56.6700  Nonsparking tools.

    Only nonsparking tools shall be used to open containers of explosive 
material or to punch holes in explosive cartridges.



Sec. 56.6701  Tamping and loading pole requirements.

    Tamping and loading poles shall be of wood or other nonconductive, 
nonsparking material. Couplings for poles shall be nonsparking.

                               Maintenance



Sec. 56.6800  Storage facilities.

    When repair work which could produce a spark or flame is to be 
performed on a storage facility--
    (a) The explosive material shall be moved to another facility, or 
moved at least 50 feet from the repair activity and monitored; and
    (b) The facility shall be cleaned to prevent accidental detonation.



Sec. 56.6801  Vehicle repair.

    Vehicles containing explosive material and oxidizers shall not be 
taken into a repair garage or shop.



Sec. 56.6802  Bulk delivery vehicles.

    No welding or cutting shall be performed on a bulk delivery vehicle 
until the vehicle has been washed down and all explosive material has 
been removed. Before welding or cutting on a hollow shaft, the shaft 
shall be thoroughly cleaned inside and out and

[[Page 284]]

vented with a minimum \1/2\-inch diameter opening to allow for 
sufficient ventilation.



Sec. 56.6803  Blasting lines.

    Permanent blasting lines shall be properly supported. All blasting 
lines shall be insulated and kept in good repair.

                          General Requirements



Sec. 56.6900  Damaged or deteriorated explosive material.

    Damaged or deteriorated explosive material shall be disposed of in a 
safe manner in accordance with the instructions of the manufacturer.



Sec. 56.6901  Black powder.

    (a) Black powder shall be used for blasting only when a desired 
result cannot be obtained with another type of explosive, such as in 
quarrying certain types of dimension stone.
    (b) Containers of black powder shall be--
    (1) Nonsparking;
    (2) Kept in a totally enclosed cargo space while being transported 
by a vehicle;
    (3) Securely closed at all times when--
    (i) Within 50 feet of any magazine or open flame;
    (ii) Within any building in which a fuel-fired or exposed-element 
electric heater is operating; or
    (iii) In an area where electrical or incandescent-particle sparks 
could result in powder ignition; and
    (4) Opened only when the powder is being transferred to a blasthole 
or another container and only in locations not listed in paragraph 
(b)(3) of this section.
    (c) Black powder shall be transferred from containers only by 
pouring.
    (d) Spills shall be cleaned up promptly with nonsparking equipment. 
Contaminated powder shall be put into a container of water and shall be 
disposed of promptly after the granules have disintegrated, or the spill 
area shall be flushed promptly with water until the granules have 
disintegrated completely.
    (e) Misfires shall be disposed of by washing the stemming and powder 
charge from the blasthole, and removing and disposing of the initiator 
in accordance with the requirement for damaged explosives.
    (f) Holes shall not be reloaded for at least 12 hours when the 
blastholes have failed to break as planned.



Sec. 56.6902  Excessive temperatures.

    (a) Where heat could cause premature detonation, explosive material 
shall not be loaded into hot areas, such as kilns or sprung holes.
    (b) When blasting sulfide ores where hot holes occur that may react 
with explosive material in blastholes, operators shall--
    (1) Measure an appropriate number of blasthole temperatures in order 
to assess the specific mine conditions prior to the introduction of 
explosive material;
    (2) Limit the time between the completion of loading and the 
initiation of the blast to no more than 12 hours; and
    (3) Take other special precautions to address the specific 
conditions at the mine to prevent premature detonation.



Sec. 56.6903  Burning explosive material.

    If explosive material is suspected of burning at the blast site, 
persons shall be evacuated from the endangered area and shall not return 
for at least one hour after the burning or suspected burning has 
stopped.



Sec. 56.6904  Smoking and open flames.

    Smoking and use of open flames shall not be permitted within 50 feet 
of explosive material except when separated by permanent noncombustible 
barriers. This standard does not apply to devices designed to ignite 
safety fuse or to heating devices which do not create a fire or 
explosion hazard.



Sec. 56.6905  Protection of explosive material.

    (a) Explosive material shall be protected from temperatures in 
excess of 150 degrees Fahrenheit.
    (b) Explosive material shall be protected from impact, except for 
tamping and dropping during loading.

[[Page 285]]



               Subpart F_Drilling and Rotary Jet Piercing

                                Drilling



Sec. 56.7002  Equipment defects.

    Equipment defects affecting safety shall be corrected before the 
equipment is used.



Sec. 56.7003  Drill area inspection.

    The drilling area shall be inspected for hazards before starting the 
drilling operations.



Sec. 56.7004  Drill mast.

    Persons shall not be on a mast while the drill-bit is in operation 
unless they are provided with a safe platform from which to work and 
they are required to use safety belts to avoid falling.



Sec. 56.7005  Augers and drill stems.

    Drill crews and others shall stay clear of augers or drill stems 
that are in motion. Persons shall not pass under or step over a moving 
stem or auger.



Sec. 56.7008  Moving the drill.

    When a drill is being moved from one drilling area to another, drill 
steel, tools, and other equipment shall be secured and the mast placed 
in a safe position.



Sec. 56.7009  Drill helpers.

    If a drill helper assists the drill operator during movement of a 
drill to a new location, the helper shall be in sight of, or in 
communication with, the operator at all times.



Sec. 56.7010  Power failures.

    In the event of power failure, drill controls shall be placed in the 
neutral position until power is restored.



Sec. 56.7011  Straightening crossed cables.

    The drill stem shall be resting on the bottom of the hole or on the 
platform with the stem secured to the mast before attempts are made to 
straighten a crossed cable on a reel.



Sec. 56.7012  Tending drills in operation.

    While in operation, drills shall be attended at all times.



Sec. 56.7013  Covering or guarding drill holes.

    Drill holes large enough to constitute a hazard shall be covered or 
guarded.



Sec. 56.7018  Hand clearance.

    Persons shall not hold the drill steel while collaring holes, or 
rest their hands on the chuck or centralizer while drilling.



Sec. 56.7050  Tool and drill steel racks.

    Receptacles or racks shall be provided for drill steel and tools 
stored or carried on drills.



Sec. 56.7051  Loose objects on the mast or drill platform.

    To prevent injury to personnel, tools and other objects shall not be 
left loose on the mast or drill platform.



Sec. 56.7052  Drilling positions.

    Persons shall not drill from--
    (a) Positions which hinder their access to the control levers;
    (b) Insecure footing or insecure staging; or
    (c) Atop equipment not suitable for drilling.



Sec. 56.7053  Moving hand-held drills.

    Before hand-held drills are moved from one working area to another, 
air shall be turned off and bled from the hose.



Sec. 56.7055  Intersecting holes.

    Holes shall not be drilled where there is a danger of intersecting a 
misfired hole or a hole containing explosives blasting agents, or 
detonators.

[56 FR 46508, Sept. 12, 1991]



Sec. 56.7056  Collaring in bootlegs.

    Holes shall not be collared in bootlegs.

[56 FR 46508, Sept. 12, 1991]

                           Rotary Jet Piercing



Sec. 56.7801  Jet drills.

    Jet piercing drills shall be provided with--
    (a) A system to pressurize the equipment operator's cab, when a cab 
is provided; and

[[Page 286]]

    (b) A protective cover over the oxygen flow indicator.



Sec. 56.7802  Oxygen hose lines.

    Safety chains or other suitable locking devices shall be provided 
across connections to and between high pressure oxygen hose lines of 1-
inch inside diameter or larger.



Sec. 56.7803  Lighting the burner.

    A suitable means of protection shall be provided for the employee 
when lighting the burner.



Sec. 56.7804  Refueling.

    When rotary jet piercing equipment requires refueling at locations 
other than fueling stations, a system for fueling without spillage shall 
be provided.



Sec. 56.7805  Smoking and open flames.

    Persons shall not smoke and open flames shall not be used in the 
vicinity of the oxygen storage and supply lines. Signs warning against 
smoking and open flames shall be posted in these areas.



Sec. 56.7806  Oxygen intake coupling.

    The oxygen intake coupling on jet-piercing drills shall be 
constructed so that only the oxygen hose can be coupled to it.



Sec. 56.7807  Flushing the combustion chamber.

    The combustion chamber of a jet drill stem which has been sitting 
unoperated in a drill hole shall be flushed with a suitable solvent 
after the stem is pulled up.

Subpart G [Reserved]



                 Subpart H_Loading, Hauling, and Dumping

    Source: 53 FR 32520, Aug. 25, 1988, unless otherwise noted.

                             Traffic Safety



Sec. 56.9100  Traffic control.

    To provide for the safe movement of self-propelled mobile 
equipment--
    (a) Rules governing speed, right-of-way, direction of movement, and 
the use of headlights to assure appropriate visibility, shall be 
established and followed at each mine; and
    (b) Signs or signals that warn of hazardous conditions shall be 
placed at appropriate locations at each mine.



Sec. 56.9101  Operating speeds and control of equipment.

    Operators of self-propelled mobile equipment shall maintain control 
of the equipment while it is in motion. Operating speeds shall be 
consistent with conditions of roadways, tracks, grades, clearance, 
visibility, and traffic, and the type of equipment used.



Sec. 56.9102  Movement of independently operating rail equipment.

    Movement of two or more pieces of rail equipment operating 
independently on the same track shall be controlled for safe operation.



Sec. 56.9103  Clearance on adjacent tracks.

    Railcars shall not be left on side tracks unless clearance is 
provided for traffic on adjacent tracks.



Sec. 56.9104  Railroad crossings.

    Designated railroad crossings shall be posted with warning signs or 
signals, or shall be guarded when trains are passing. These crossings 
shall also be planked or filled between the rails.

                 Transportation of Persons and Materials



Sec. 56.9200  Transporting persons.

    Persons shall not be transported--
    (a) In or on dippers, forks, clamshells, or buckets except shaft 
buckets during shaft-sinking operations or during inspection, 
maintenance and repair of shafts.
    (b) In beds of mobile equipment or railcars, unless--
    (1) Provisions are made for secure travel, and
    (2) Means are taken to prevent accidental unloading if the equipment 
is provided with unloading devices;
    (c) On top of loads in mobile equipment;
    (d) Outside cabs, equipment operators' stations, and beds of mobile

[[Page 287]]

equipment, except when necessary for maintenance, testing, or training 
purposes, and provisions are made for secure travel. This provision does 
not apply to rail equipment.
    (e) Between cars of trains, on the leading end of trains, on the 
leading end of a single railcar, or in other locations on trains that 
expose persons to hazards from train movement.
    (1) This paragraph does not apply to car droppers if they are 
secured with safety belts and lines which prevent them from falling off 
the work platform.
    (2) Brakemen and trainmen are prohibited from riding between cars of 
moving trains, but may ride on the leading end of trains or other 
locations when necessary to perform their duties;
    (f) To and from work areas in overcrowded mobile equipment;
    (g) In mobile equipment with materials or equipment unless the items 
are secured or are small and can be carried safely by hand without 
creating a hazard to persons; or
    (h) On conveyors unless the conveyors are designed to provide for 
their safe transportation.



Sec. 56.9201  Loading, hauling, and unloading of equipment or supplies.

    Equipment and supplies shall be loaded, transported, and unloaded in 
a manner which does not create a hazard to persons from falling or 
shifting equipment or supplies.



Sec. 56.9202  Loading and hauling large rocks.

    Large rocks shall be broken before loading if they could endanger 
persons or affect the stability of mobile equipment. Mobile equipment 
used for haulage of mined material shall be loaded to minimize spillage 
where a hazard to persons could be created.

Safety Devices, Provisions, and Procedures for Roadways, Railroads, and 
                        Loading and Dumping Sites



Sec. 56.9300  Berms or guardrails.

    (a) Berms or guardrails shall be provided and maintained on the 
banks of roadways where a drop-off exists of sufficient grade or depth 
to cause a vehicle to overturn or endanger persons in equipment.
    (b) Berms or guardrails shall be at least mid-axle height of the 
largest self-propelled mobile equipment which usually travels the 
roadway.
    (c) Berms may have openings to the extent necessary for roadway 
drainage.
    (d) Where elevated roadways are infrequently traveled and used only 
by service or maintenance vehicles, berms or guardrails are not required 
when all of the following are met:
    (1) Locked gates are installed at the entrance points to the 
roadway.
    (2) Signs are posted warning that the roadway is not bermed.
    (3) Delineators are installed along the perimeter of the elevated 
roadway so that, for both directions of travel, the reflective surfaces 
of at least three delineators along each elevated shoulder are always 
visible to the driver and spaced at intervals sufficient to indicate the 
edges and attitude of the roadway.
    (4) A maximum speed limit is posted and observed for the elevated 
unbermed portions of the roadway. Factors to consider when establishing 
the maximum speed limit shall include the width, slope and alignment of 
the road, the type of equipment using the road, the road material, and 
any hazardous conditions which may exist.
    (5) Road surface traction is not impaired by weather conditions, 
such as sleet and snow, unless corrective measures are taken to improve 
traction.
    (e) This standard is not applicable to rail beds.

[53 FR 32520, Aug. 25, 1988, as amended at 55 FR 37218, Sept. 7, 1990]



Sec. 56.9301  Dump site restraints.

    Berms, bumper blocks, safety hooks, or similar impeding devices 
shall be provided at dumping locations where there is a hazard of 
overtravel or overturning.



Sec. 56.9302  Protection against moving or runaway railroad equipment.

    Stopblocks, derail devices, or other devices that protect against 
moving or runaway rail equipment shall be installed wherever necessary 
to protect persons.

[[Page 288]]



Sec. 56.9303  Construction of ramps and dumping facilities.

    Ramps and dumping facilities shall be designed and constructed of 
materials capable of supporting the loads to which they will be 
subjected. The ramps and dumping facilities shall provide width, 
clearance, and headroom to safely accommodate the mobile equipment using 
the facilities.



Sec. 56.9304  Unstable ground.

    (a) Dumping locations shall be visually inspected prior to work 
commencing and as ground conditions warrant.
    (b) Where there is evidence that the ground at a dumping location 
may fail to support the mobile equipment, loads shall be dumped a safe 
distance back from the edge of the unstable area of the bank.



Sec. 56.9305  Truck spotters.

    (a) If truck spotters are used, they shall be in the clear while 
trucks are backing into dumping position or dumping.
    (b) Spotters shall use signal lights to direct trucks where 
visibility is limited.
    (c) When a truck operator cannot clearly recognize the spotter's 
signals, the truck shall be stopped.



Sec. 56.9306  Warning devices for restricted clearances.

    Where restricted clearance creates a hazard to persons on mobile 
equipment, warning devices shall be installed in advance of the 
restricted area and the restricted area shall be conspicuously marked.



Sec. 56.9307  Design, installation, and maintenance of railroads.

    Roadbeds and all elements of the railroad tracks shall be designed, 
installed, and maintained to provide safe operation consistent with the 
speed and type of haulage used.



Sec. 56.9308  Switch throws.

    Switch throws shall be installed to provide clearance to protect 
switchmen from contact with moving trains.



Sec. 56.9309  Chute design.

    Chute-loading installations shall be designed to provide a safe 
location for persons pulling chutes.



Sec. 56.9310  Chute hazards.

    (a) Prior to chute-pulling, persons who could be affected by the 
draw or otherwise exposed to danger shall be warned and given time to 
clear the hazardous area.
    (b) Persons attempting to free chute hangups shall be experienced 
and familiar with the task, know the hazards involved, and use the 
proper tools to free material.
    (c) When broken rock or material is dumped into an empty chute, the 
chute shall be equipped with a guard or all persons shall be isolated 
from the hazard of flying rock or material.



Sec. 56.9311  Anchoring stationary sizing devices.

    Grizzlies and other stationary sizing devices shall be securely 
anchored.



Sec. 56.9312  Working around drawholes.

    Unless platforms or safety lines are used, persons shall not 
position themselves over drawholes if there is danger that broken rock 
or material may be withdrawn or bridged.



Sec. 56.9313  Roadway maintenance.

    Water, debris, or spilled material on roadways which creates hazards 
to the operation of mobile equipment shall be removed.



Sec. 56.9314  Trimming stockpile and muckpile faces.

    Stockpile and muckpile faces shall be trimmed to prevent hazards to 
persons.



Sec. 56.9315  Dust control.

    Dust shall be controlled at muck piles, material transfer points, 
crushers, and on haulage roads where hazards to persons would be created 
as a result of impaired visibility.



Sec. 56.9316  Notifying the equipment operator.

    When an operator of self-propelled mobile equipment is present, 
persons shall notify the equipment operator before getting on or off 
that equipment.

[[Page 289]]



Sec. 56.9317  Suspended loads.

    Persons shall not work or pass under the buckets or booms of loaders 
in operation.



Sec. 56.9318  Getting on or off moving equipment.

    Persons shall not get on or off moving mobile equipment. This 
provision does not apply to trainmen, brakemen, and car droppers who are 
required to get on or off slowly moving trains in the performance of 
their work duties.



Sec. 56.9319  Going over, under, or between railcars.

    Persons shall not go over, under, or between railcars unless:
    (a) The train is stopped; and
    (b) The train operator, when present, is notified and the notice 
acknowledged.



Sec. 56.9330  Clearance for surface equipment.

    Continuous clearance of at least 30 inches from the farthest 
projection of moving railroad equipment shall be provided on at least 
one side of the tracks at all locations where possible or the area shall 
be marked conspicuously.



                        Subpart I_Aerial Tramways



Sec. 56.10001  Filling buckets.

    Buckets shall not be overloaded, and feed shall be regulated to 
prevent spillage.



Sec. 56.10002  Inspection and maintenance.

    Inspection and maintenance of carriers (including loading and 
unloading mechanisms), ropes and supports, and brakes shall be performed 
by competent persons according to the recommendations of the 
manufacturer.



Sec. 56.10003  Correction of defects.

    Any hazardous defects shall be corrected before the equipment is 
used.



Sec. 56.10004  Brakes.

    Positive-action-type brakes and devices which apply the brakes 
automatically in the event of a power failure shall be provided on 
aerial tramways.



Sec. 56.10005  Track cable connections.

    Track cable connections shall not obstruct the passage of carriage 
wheels.



Sec. 56.10006  Tower guards.

    Towers shall be suitably protected from swaying buckets.



Sec. 56.10007  Falling object protection.

    Guard nets or other suitable protection shall be provided where 
tramways pass over roadways, walkways, or buildings.



Sec. 56.10008  Riding tramways.

    Persons other than maintenance persons shall not ride aerial 
tramways unless the following features are provided:
    (a) Two independent brakes, each capable of holding the maximum 
load;
    (b) Direct communication between terminals;
    (c) Power drives with emergency power available in case of primary 
power failure; and
    (d) Buckets equipped with positive locks to prevent accidental 
tripping or dumping.



Sec. 56.10009  Riding loaded buckets.

    Persons shall not ride loaded buckets.



Sec. 56.10010  Starting precautions.

    Where possible, aerial tramways shall not be started until the 
operator has ascertained that everyone is in the clear.



                          Subpart J_Travelways



Sec. 56.11001  Safe access.

    Safe means of access shall be provided and maintained to all working 
places.



Sec. 56.11002  Handrails and toeboards.

    Crossovers, elevated walkways, elevated ramps, and stairways shall 
be of substantial construction provided with handrails, and maintained 
in good condition. Where necessary, toeboards shall be provided.

[[Page 290]]



Sec. 56.11003  Construction and maintenance of ladders.

    Ladders shall be of substantial construction and maintained in good 
condition.



Sec. 56.11004  Portable rigid ladders.

    Portable rigid ladders shall be provided with suitable bases and 
placed securely when used.



Sec. 56.11005  Fixed ladder anchorage and toe clearance.

    Fixed ladders shall be anchored securely and installed to provide at 
least 3 inches of toe clearance.



Sec. 56.11006  Fixed ladder landings.

    Fixed ladders shall project at least 3 feet above landings, or 
subtantial handholds shall be provided above the landings.



Sec. 56.11007  Wooden components of ladders.

    Wooden components of ladders shall not be painted except with a 
transparent finish.



Sec. 56.11008  Restricted clearance.

    Where restricted clearance creates a hazard to persons, the 
restricted clearance shall be conspicuously marked.

[53 FR 32521, Aug. 25, 1988]



Sec. 56.11009  Walkways along conveyors.

    Walkways with outboard railings shall be provided wherever persons 
are required to walk alongside elevated conveyor belts. Inclined railed 
walkways shall be nonskid or provided with cleats.



Sec. 56.11010  Stairstep clearance.

    Vertical clearance above stair steps shall be a minimum of seven 
feet, or suitable warning signs or similar devices shall be provided to 
indicate an impaired clearance.



Sec. 56.11011  Use of ladders.

    Persons using ladders shall face the ladders and have both hands 
free for climbing and descending.



Sec. 56.11012  Protection for openings around travelways.

    Openings above, below, or near travelways through which persons or 
materials may fall shall be protected by railings, barriers, or covers. 
Where it is impractical to install such protective devices, adequate 
warning signals shall be installed.



Sec. 56.11013  Conveyor crossovers.

    Crossovers shall be provided where it is necessary to cross 
conveyors.



Sec. 56.11014  Crossing moving conveyors.

    Moving conveyors shall be crossed only at designated crossover 
points.



Sec. 56.11016  Snow and ice on walkways and travelways.

    Regularly used walkways and travelways shall be sanded, salted, or 
cleared of snow and ice as soon as practicable.



Sec. 56.11017  Inclined fixed ladders.

    Fixed ladders shall not incline backwards.



Sec. 56.11025  Railed landings, backguards, and other protection for fixed 
ladders.

    Fixed ladders, except on mobile equipment, shall be offset and have 
substantial railed landings at least every 30 feet unless backguards or 
equivalent protection, such as safety belts and safety lines, are 
provided.



Sec. 56.11026  Protection for inclined fixed ladders.

    Fixed ladders 70 degrees to 90 degrees from the horizontal and 30 
feet or more in length shall have backguards, cages or equivalent 
protection, starting at a point not more than seven feet from the bottom 
of the ladders.



Sec. 56.11027  Scaffolds and working platforms.

    Scaffolds and working platforms shall be of substantial construction 
and provided with handrails and maintained in good condition. Floor 
boards shall be laid properly and the scaffolds and working platforms 
shall not be overloaded. Working platforms shall be provided with 
toeboards when necessary.

[[Page 291]]



                          Subpart K_Electricity



Sec. 56.12001  Circuit overload protection.

    Circuits shall be protected against excessive overload by fuses or 
circuit breakers of the correct type and capacity.



Sec. 56.12002  Controls and switches.

    Electric equipment and circuits shall be provided with switches or 
other controls. Such switches or controls shall be of approved design 
and construction and shall be properly installed.



Sec. 56.12003  Trailing cable overload protection.

    Individual overload protection or short circuit protection shall be 
provided for the trailing cables of mobile equipment.



Sec. 56.12004  Electrical conductors.

    Electrical conductors shall be of a sufficient size and current-
carrying capacity to ensure that a rise in temperature resulting from 
normal operations will not damage the insulating materials. Electrical 
conductors exposed to mechanical damage shall be protected.



Sec. 56.12005  Protection of power conductors from mobile equipment.

    Mobile equipment shall not run over power conductors, nor shall 
loads be dragged over power conductors, unless the conductors are 
properly bridged or protected.



Sec. 56.12006  Distribution boxes.

    Distribution boxes shall be provided with a disconnecting device for 
each branch circuit. Such disconnecting devices shall be equipped or 
designed in such a manner that it can be determined by visual 
observation when such a device is open and that the circuit is 
deenergized, the distribution box shall be labeled to show which circuit 
each device controls.



Sec. 56.12007  Junction box connection procedures.

    Trailing cable and power-cable connections to junction boxes shall 
not be made or broken under load.



Sec. 56.12008  Insulation and fittings for power wires and cables.

    Power wires and cables shall be insulated adequately where they pass 
into or out of electrical compartments. Cables shall enter metal frames 
of motors, splice boxes, and electrical compartments only through proper 
fittings. When insulated wires, other than cables, pass through metal 
frames, the holes shall be substantially bushed with insulated bushings.



Sec. 56.12010  Isolation or insulation of communication conductors.

    Telephone and low-potential signal wire shall be protected, by 
isolation or suitable insulation, or both, from contacting energized 
power conductors or any other power source.



Sec. 56.12011  High-potential electrical conductors.

    High-potential electrical conductors shall be covered, insulated, or 
placed to prevent contact with low potential conductors.



Sec. 56.12012  Bare signal wires.

    The potential on bare signal wires accessible to contact by persons 
shall not exceed 48 volts.



Sec. 56.12013  Splices and repairs of power cables.

    Permanent splices and repairs made in power cables, including the 
ground conductor where provided, shall be:
    (a) Mechanically strong with electrical conductivity as near as 
possible to that of the original;
    (b) Insulated to a degree at least equal to that of the original, 
and sealed to exclude moisture; and
    (c) Provided with damage protection as near as possible to that of 
the original, including good bonding to the outer jacket.



Sec. 56.12014  Handling energized power cables.

    Power cables energized to potentials in excess of 150 volts, phase-
to-ground, shall not be moved with equipment unless sleds or slings, 
insulated from such equipment, are used. When such energized cables are 
moved manually, insulated hooks, tongs, ropes, or slings shall be used 
unless suitable protection

[[Page 292]]

for persons is provided by other means. This does not prohibit pulling 
or dragging of cable by the equipment it powers when the cable is 
physically attached to the equipment by suitable mechanical devices, and 
the cable is insulated from the equipment in conformance with other 
standards in this part.



Sec. 56.12016  Work on electrically-powered equipment.

    Electrically powered equipment shall be deenergized before 
mechanical work is done on such equipment. Power switches shall be 
locked out or other measures taken which shall prevent the equipment 
from being energized without the knowledge of the individuals working on 
it. Suitable warning notices shall be posted at the power switch and 
signed by the individuals who are to do the work. Such locks or 
preventive devices shall be removed only by the persons who installed 
them or by authorized personnel.



Sec. 56.12017  Work on power circuits.

    Power circuits shall be deenergized before work is done on such 
circuits unless hot-line tools are used. Suitable warning signs shall be 
posted by the individuals who are to do the work. Switches shall be 
locked out or other measures taken which shall prevent the power 
circuits from being energized without the knowledge of the individuals 
working on them. Such locks, signs, or preventative devices shall be 
removed only by the person who installed them or by authorized 
personnel.



Sec. 56.12018  Identification of power switches.

    Principal power switches shall be labeled to show which units they 
control, unless identification can be made readily by location.



Sec. 56.12019  Access to stationary electrical equipment or switchgear.

    Where access is necessary, suitable clearance shall be provided at 
stationary electrical equipment or switchgear.



Sec. 56.12020  Protection of persons at switchgear.

    Dry wooden platforms, insulating mats, or other electrically 
nonconductive material shall be kept in place at all switchboards and 
power-control switches where shock hazards exist. However, metal plates 
on which a person normally would stand and which are kept at the same 
potential as the grounded, metal, non-current-carrying parts of the 
power switches to be operated may be used.



Sec. 56.12021  Danger signs.

    Suitable danger signs shall be posted at all major electrical 
installations.



Sec. 56.12022  Authorized persons at major electrical installations.

    Areas containing major electrical installations shall be entered 
only by authorized persons.



Sec. 56.12023  Guarding electrical connections and resistor grids.

    Electrical connections and resistor grids that are difficult or 
impractical to insulate shall be guarded, unless protection is provided 
by location.



Sec. 56.12025  Grounding circuit enclosures.

    All metal enclosing or encasing electrical circuits shall be 
grounded or provided with equivalent protection. This requirement does 
not apply to battery-operated equipment.



Sec. 56.12026  Grounding transformer and switchgear enclosures.

    Metal fencing and metal buildings enclosing transformers and 
switchgear shall be grounded.



Sec. 56.12027  Grounding mobile equipment.

    Frame grounding or equivalent protection shall be provided for 
mobile equipment powered through trailing cables.



Sec. 56.12028  Testing grounding systems.

    Continuity and resistance of grounding systems shall be tested 
immediately after installation, repair, and modification; and annually 
thereafter. A record of the resistance measured during the most recent 
tests shall be

[[Page 293]]

made available on a request by the Secretary or his duly authorized 
representative.



Sec. 56.12030  Correction of dangerous conditions.

    When a potentially dangerous condition is found it shall be 
corrected before equipment or wiring is energized.



Sec. 56.12032  Inspection and cover plates.

    Inspection and cover plates on electrical equipment and junction 
boxes shall be kept in place at all times except during testing or 
repairs.



Sec. 56.12033  Hand-held electric tools.

    Hand-held electric tools shall not be operated at high potential 
voltages.



Sec. 56.12034  Guarding around lights.

    Portable extension lights, and other lights that by their location 
present a shock or burn hazard, shall be guarded.



Sec. 56.12035  Weatherproof lamp sockets.

    Lamp sockets shall be of a weatherproof type where they are exposed 
to weather or wet conditions that may interfere with illumination or 
create a shock hazard.



Sec. 56.12036  Fuse removal or replacement.

    Fuses shall not be removed or replaced by hand in an energized 
circuit, and they shall not otherwise be removed or replaced in an 
energized circuit unless equipment and techniques especially designed to 
prevent electrical shock are provided and used for such purpose.



Sec. 56.12037  Fuses in high-potential circuits.

    Fuse tongs or hot line tools shall be used when fuses are removed or 
replaced in high-potential circuits.



Sec. 56.12038  Attachment of trailing cables.

    Trailing cables shall be attached to machines in a suitable manner 
to protect the cable from damage and to prevent strain on the electrical 
connections.



Sec. 56.12039  Protection of surplus trailing cables.

    Surplus trailing cables to shovels, cranes and similar equipment 
shall be--
    (a) Stored in cable boats;
    (b) Stored on reels mounted on the equipment; or
    (c) Otherwise protected from mechanical damage.



Sec. 56.12040  Installation of operating controls.

    Operating controls shall be installed so that they can be operated 
without danger of contact with energized conductors.



Sec. 56.12041  Design of switches and starting boxes.

    Switches and starting boxes shall be of safe design and capacity.



Sec. 56.12042  Track bonding.

    Both rails shall be bonded or welded at every joint and rails shall 
be crossbonded at least every 200 feet if the track serves as the return 
trolley circuit. When rails are moved, replaced, or broken bonds are 
discovered, they shall be rebonded within three working shifts.



Sec. 56.12045  Overhead powerlines.

    Overhead high-potential powerlines shall be installed as specified 
by the National Electrical Code.



Sec. 56.12047  Guy wires.

    Guy wires of poles supporting high-voltage transmission lines shall 
meet the requirements for grounding or insulator protection of the 
National Electrical Safety Code, part 2, entitled ``Safety Rules for the 
Installation and Maintenance of Electric Supply and Communication 
Lines'' (also referred to as National Bureau of Standards Handbook 81, 
November 1, 1961) and Supplement 2 thereof issued March 1968, which are 
hereby incorporated by reference and made a part hereof. These 
publications and documents may be obtained from the Superintendent of 
Documents, U.S. Government Printing Office, Washington, DC 20402, or may 
be examined in any Metal and Nonmetal Mine Safety and Health District 
Office

[[Page 294]]

of the Mine Safety and Health Administration.

[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 35695, July 11, 1995]



Sec. 56.12048  Communication conductors on power poles.

    Telegraph, telephone, or signal wires shall not be installed on the 
same crossarm with power conductors. When carried on poles supporting 
powerlines, they shall be installed as specified by the National 
Electrical Code.



Sec. 56.12050  Installation of trolley wires.

    Trolley wires shall be installed at least seven feet above rails 
where height permits, and aligned and supported to suitably control sway 
and sag.



Sec. 56.12053  Circuits powered from trolley wires.

    Ground wires for lighting circuits powered from trolley wires shall 
be connected securely to the ground-return circuit.



Sec. 56.12065  Short circuit and lightning protection.

    Powerlines, including trolley wires, and telephone circuits shall be 
protected against short circuits and lightning.



Sec. 56.12066  Guarding trolley wires and bare powerlines.

    Where metallic tools or equipment can come in contact with trolley 
wires or bare powerlines, the lines shall be guarded or deenergized.



Sec. 56.12067  Installation of transformers.

    Transformers shall be totally enclosed, or shall be placed at least 
8 feet above the ground, or installed in a transformer house, or 
surrounded by a substantial fence at least 6 feet high and at least 3 
feet from any energized parts, casings, or wiring.



Sec. 56.12068  Locking transformer enclosures.

    Transformer enclosures shall be kept locked against unauthorized 
entry.



Sec. 56.12069  Lightning protection for telephone wires and ungrounded conductors.

    Each ungrounded power conductor or telephone wire that leads 
underground and is directly exposed to lightning shall be equipped with 
suitable lightning arrestors of approved type within 100 feet of the 
point where the circuit enters the mine. Lightning arrestors shall be 
connected to a low resistance grounding medium on the surface and shall 
be separated from neutral grounds by a distance of not less than 25 
feet.



Sec. 56.12071  Movement or operation of equipment near high-voltage power lines.

    When equipment must be moved or operated near energized high-voltage 
powerlines (other than trolley lines) and the clearance is less than 10 
feet, the lines shall be deenergized or other precautionary measures 
shall be taken.



                  Subpart L_Compressed Air and Boilers



Sec. 56.13001  General requirements for boilers and pressure vessels.

    All boilers and pressure vessels shall be constructed, installed, 
and maintained in accordance with the standards and specifications of 
the American Society of Mechanical Engineers Boiler and Pressure Vessel 
Code.



Sec. 56.13010  Reciprocating-type air compressors.

    (a) Reciprocating-type air compressors rated over 10 horsepower 
shall be equipped with automatic temperature-actuated shutoff mechanisms 
which shall be set or adjusted to the compressor when the normal 
operating temperature is exceeded by more than 25 percent.
    (b) However, this standard does not apply to reciprocating-type air 
compressors rated over 10 horsepower if equipped with fusible plugs that 
were installed in the compressor discharge lines before November 15, 
1979, and designed to melt at temperatures at least 50 degrees below the 
flash point of the compressors' lubricating oil.

[[Page 295]]



Sec. 56.13011  Air receiver tanks.

    Air receiver tanks shall be equipped with one or more automatic 
pressure-relief valves. The total relieving capacity of the relief 
valves shall prevent pressure from exceeding the maximum allowable 
working pressure in a receiver tank by not more than 10 percent. Air 
receiver tanks also shall be equipped with indicating pressure gauges 
which accurately measure the pressure within the air receiver tanks.



Sec. 56.13012  Compressor air intakes.

    Compressor air intakes shall be installed to ensure that only clean, 
uncontaminated air enters the compressors.



Sec. 56.13015  Inspection of compressed-air receivers and other unfired 
pressure vessels.

    (a) Compressed-air receivers and other unfired pressure vessels 
shall be inspected by inspectors holding a valid National Board 
Commission and in accordance with the applicable chapters of the 
National Board Inspection Code, a Manual for Boiler and Pressure Vessel 
Inspectors, 1979. This code is incorporated by reference and made a part 
of this standard. It may be examined at any Metal and Nonmetal Mine 
Safety and Health District Office of the Mine Safety and Health 
Administration, and may be obtained from the publisher, the National 
Board of Boiler and Pressure Vessel Inspector, 1055 Crupper Avenue, 
Columbus, Ohio 43229.
    (b) Records of inspections shall be kept in accordance with 
requirements of the National Board Inspection Code, and the records 
shall be made available to the Secretary or his authorized 
representative.



Sec. 56.13017  Compressor discharge pipes.

    Compressor discharge pipes where carbon build-up may occur shall be 
cleaned periodically as recommended by the manufacturer, but no less 
frequently than once every two years.



Sec. 56.13019  Pressure system repairs.

    Repairs involving the pressure system of compressors, receivers, or 
compressed-air-powered equipment shall not be attempted until the 
pressure has been bled off.



Sec. 56.13020  Use of compressed air.

    At no time shall compressed air be directed toward a person. When 
compressed air is used, all necessary precautions shall be taken to 
protect persons from injury.



Sec. 56.13021  High-pressure hose connections.

    Except where automatic shutoff valves are used, safety chains or 
other suitable locking devices shall be used at connections to machines 
of high-pressure hose lines of \3/4\-inch inside diameter or larger, and 
between high-pressure hose lines of \3/4\-inch inside diameter or 
larger, where a connection failure would create a hazard.



Sec. 56.13030  Boilers.

    (a) Fired pressure vessels (boilers) shall be equipped with water 
level gauges, pressure gauges, automatic pressure-relief valves, 
blowdown piping, and other safety devices approved by the American 
Society of Mechanical Engineers to protect against hazards from 
overpressure, flameouts, fuel interruptions and low water level, all as 
required by the appropriate sections, chapters and appendices listed in 
paragraphs (b) (1) and (2) of this section.
    (b) These gauges, devices and piping shall be designed, installed, 
operated, maintained, repaired, altered, inspected, and tested by 
inspectors holding a valid National Board Commission and in accordance 
with the following listed sections, chapters and appendices:
    (1) The ASME Boiler and Pressure Vessel Code, 1977, Published by the 
American Society of Mechanical Engineers.

                            Section and Title

I Power Boilers.
II Material Specifications--Part A--Ferrous.
II Material Specifications--Part B--Non-ferrous.
II Material Specifications--Part C--Welding Rods, Electrodes, and Filler 
Metals.
IV Heating Boilers
V Nondestructive Examination
VI Recommended Rules for Care and Operation of Heating Boilers

[[Page 296]]

VII Recommended Rules for Care of Power Boilers

    (2) The National Board Inspection Code, a Manual for Boiler and 
Pressure Vessel Inspectors, 1979, published by the National Board of 
Boiler and Pressure Vessel Inspectors.

                            Chapter and Title

I Glossary of Terms
II Inspection of Boilers and Pressure Vessels
III Repairs and Alterations to Boiler and Pressure Vessels by Welding
IV Shop Inspection of Boilers and Pressure Vessels
V Inservice Inspection of Pressure Vessels by Authorized Owner-User 
Inspection Agencies

                           Appendix and Title

A Safety and Safety Relief Valves
B Non-ASME Code Boilers and Pressure Vessels
C Storage of Mild Steel Covered Arc Welding Electrodes
D-R National Board ``R'' (Repair) Symbol Stamp
D-VR National Board ``VR'' (Repair of Safety and Safety Relief Valve) 
Symbol Stamp
D-VR1 Certificate of Authorization for Repair Symbol Stamp for Safety 
and Safety Relief Valves
D-VR2 Outline of Basic Elements of Written Quality Control System for 
Repairers of ASME Safety and Safety Relief Valves
D-VR3 Nameplate Stamping for ``VR''
E Owner-user Inspection Agencies
F Inspection Forms

    (c) Records of inspections and repairs shall be kept in accordance 
with the requirements of the ASME Boiler and Pressure Vessel Code and 
the National Board Inspection Code. The records shall be made available 
to the Secretary or his authorized representative.
    (d) Sections of the ASME Boiler and Pressure Vessel Code, 1977, 
listed in paragraph (b)(1) of this section, and chapters and appendices 
of the National Board Inspection Code, 1979, listed in paragraph (b)(2) 
of this section, are incorporated by reference and made a part of this 
standard. These publications may be obtained from the publishers, the 
American Society of Mechanical Engineers, 345 East Forty-seventh Street, 
New York, N.Y. 10017, and the National Board of Boiler and Pressure 
Vessel Inspectors, 1055 Crupper Avenue, Columbus, Ohio 43229. The 
publications may be examined at any Metal and Nonmetal Mine Safety and 
Health District Office of the Mine Safety and Health Administration.



                    Subpart M_Machinery and Equipment

    Source: 53 FR 32521, Aug. 25, 1988, unless otherwise noted.



Sec. 56.14000  Definitions.

    The following definitions apply in this subpart.
    Travelway. A passage, walk, or way regularly used or designated for 
persons to go from one place to another.

[53 FR 32521, Aug. 25, 1988, as amended at 69 FR 38840, June 29, 2004]

               Safety Devices and Maintenance Requirements



Sec. 56.14100  Safety defects; examination, correction and records.

    (a) Self-propelled mobile equipment to be used during a shift shall 
be inspected by the equipment operator before being placed in operation 
on that shift.
    (b) Defects on any equipment, machinery, and tools that affect 
safety shall be corrected in a timely manner to prevent the creation of 
a hazard to persons.
    (c) When defects make continued operation hazardous to persons, the 
defective items including self-propelled mobile equipment shall be taken 
out of service and placed in a designated area posted for that purpose, 
or a tag or other effective method of marking the defective items shall 
be used to prohibit further use until the defects are corrected.
    (d) Defects on self-propelled mobile equipment affecting safety, 
which are not corrected immediately, shall be reported to and recorded 
by the mine operator. The records shall be kept at the mine or nearest 
mine office from the date the defects are recorded, until the defects 
are corrected. Such records shall be made available for inspection by an 
authorized representative of the Secretary.

[[Page 297]]



Sec. 56.14101  Brakes.

    (a) Minimum requirements. (1) Self-propelled mobile equipment shall 
be equipped with a service brake system capable of stopping and holding 
the equipment with its typical load on the maximum grade it travels. 
This standard does not apply to equipment which is not originally 
equipped with brakes unless the manner in which the equipment is being 
operated requires the use of brakes for safe operation. This standard 
does not apply to rail equipment.
    (2) If equipped on self-propelled mobile equipment, parking brakes 
shall be capable of holding the equipment with its typical load on the 
maximum grade it travels.
    (3) All braking systems installed on the equipment shall be 
maintained in functional condition.
    (b) Testing. (1) Service brake tests shall be conducted when an MSHA 
inspector has reasonable cause to believe that the service brake system 
does not function as required, unless the mine operator removes the 
equipment from service for the appropriate repair;
    (2) The performance of the service brakes shall be evaluated 
according to Table M-1.

                                                    Table M-1
----------------------------------------------------------------------------------------------------------------
                                                                 Equipment speed, MPH
     Gross vehicle weight lbs.      ----------------------------------------------------------------------------
                                       10     11     12     13     14     15     16     17     18     19     20
----------------------------------------------------------------------------------------------------------------
                                  Service Brake Maximum Stopping Distance--Feet
----------------------------------------------------------------------------------------------------------------
0-36000............................     34     38     43     48     53     59     64     70     76     83     89
36000-70000........................     41     46     52     58     62     70     76     83     90     97    104
70000-140000.......................     48     54     61     67     74     81     88     95    103    111    119
140000-250000......................     56     62     69     77     84     92    100    108    116    125    133
250000-400000......................     59     66     74     81     89     97    105    114    123    132    141
Over 400000........................     63     71     78     86     94    103    111    120    129    139    148
----------------------------------------------------------------------------------------------------------------
Stopping distances are computed using a constant decleration of 9.66 FPS2 and system response response times of
  .5.1, 1.5, 2, 2.25 and 2.5 seconds for each increasing weight category respectively. Stopping distance values
  include a one-second operator response time.


    Table M-2--The Speed of a Vehicle Can be Determined by Clocking it Through a 100-Foot Measured Course at
    Constant Velocity Using Table M-2. When the Service Brakes are Applied at the End of the Course, Stopping
                               Distance Can be Measured and Compared to Table M-1.
----------------------------------------------------------------------------------------------------------------
           Miles per hour              10     11     12     13     14     15     16     17     18     19     20
----------------------------------------------------------------------------------------------------------------
Seconds Required to Travel 100 Feet    6.8    6.2    5.7    5.2    4.9    4.5    4.3    4.0    3.8    3.6    3.4
----------------------------------------------------------------------------------------------------------------

    (3) Service brake tests shall be conducted under the direction of 
the mine operator in cooperation with an according to the instructions 
provided by the MSHA inspector as follows:
    (i) Equipment capable of traveling at least 10 miles per hour shall 
be tested with a typical load for that particular piece of equipment. 
Front-end loaders shall be tested with the loader bucket empty. 
Equipment shall not be tested when carrying hazardous loads, such as 
explosives.
    (ii) The approach shall be sufficient length to allow the equipment 
operator to reach and maintain a constant speed between 10 and 20 miles 
per hour prior to entering the 100 foot measured area. The constant 
speed shall be maintained up to the point when the equipment operator 
receives the signal to apply the brakes. The roadway shall be wide 
enought to accommodate the size of the equipment being tested. The 
ground shall be generally level, packed, and dry in the braking portion 
of the test course. Ground moisture may be present to the extent that it 
does not adversely affect the braking surface.
    (iii) Braking is to be performed using only those braking systems, 
including auxiliary retarders, which are designed to bring the equipment 
to a stop under normal operating conditions. Parking or emergency 
(secondary) brakes are not to be actuated during the test.

[[Page 298]]

    (iv) The tests shall be conducted with the transmission in the gear 
appropriate for the speed the equipment is traveling except for 
equipment which is designed for the power train to be disengaged during 
braking.
    (v) Testing speeds shall be a minimum of 10 miles per hour and a 
maximum of 20 miles per hour.
    (vi) Stopping distances shall be measured from the point at which 
the equipment operator receives the signal to apply the service brakes 
to the final stopped position.
    (4) Test results shall be evaluated as follows:
    (i) If the initial test run is valid and the stopping distance does 
not exceed the corresponding stopping distance listed in Table 1, the 
performance of the service brakes shall be considered acceptable. For 
tests to be considered valid, the equipment shall not slide sideways or 
exhibit other lateral motion during the braking portion of the test.
    (ii) If the equipment exceeds the maximum stopping distance in the 
initial test run, the mine operator may request from the inspector up to 
four additional test runs with two runs to be conducted in each 
direction. The performance of the service brakes shall be considered 
acceptable if the equipment does not exceed the maximum stopping 
distance on at least three of the additional tests.
    (5) Where there is not an appropriate test site at the mine or the 
equipment is not capable or traveling at least 10 miles per hour, 
service brake tests will not be conducted. In such cases, the inspector 
will rely upon other available evidence to determine whether the service 
brake system meets the performance requirement of this standard.

[53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988]



Sec. 56.14102  Brakes for rail equipment.

    Braking systems on railroad cars and locomotives shall be maintained 
in functional condition.



Sec. 56.14103  Operators stations.

    (a) If windows are provided on operators' stations of self-propelled 
mobile equipment, the windows shall be made of safety glass or material 
with equivalent safety characteristics. The windows shall be maintained 
to provide visibility for safe operation.
    (b) If damaged windows obscure visibility necessary for safe 
operation, or create a hazard to the equipment operator, the windows 
shall be replaced or removed. Damaged windows shall be replaced if 
absence of a window would expose the equipment operator to hazardous 
evironmental conditions which would affect the ability of the equipment 
operator to safely operate the equipment.
    (c) The operator's stations of self-propelled mobile equipment 
shall--
    (1) Be free of materials that could create a hazard to persons by 
impairing the safe operation of the equipment; and
    (2) Not be modified, in a manner that obscures visibility necessary 
for safe operation.



Sec. 56.14104  Tire repairs.

    (a) Before a tire is removed from a vehicle for tire repair, the 
valve core shall be partially removed to allow for gradual deflation and 
then removed. During deflation, to the extent possible, persons shall 
stand outside of the potential trajectory of the lock ring of a multi-
piece wheel rim.
    (b) To prevent injury from wheel rims during tire inflation, one of 
the following shall be used:
    (1) A wheel cage or other restraining device that will constrain all 
wheel rim components during an explosive separation of a multi-piece 
wheel rim, or during the sudden release of contained air in a single 
piece rim wheel; or
    (2) A stand-off inflation device which permits persons to stand 
outside of the potential trajectory of wheel components.



Sec. 56.14105  Procedures during repairs or maintenance.

    Repairs or maintenance of machinery or equipment shall be performed 
only after the power is off, and the machinery or equipment blocked 
against hazardous motion. Machinery or equipment motion or activation is 
permitted

[[Page 299]]

to the extent that adjustments or testing cannot be performed without 
motion or activation, provided that persons are effectively protected 
from hazardous motion.



Sec. 56.14106  Falling object protection.

    (a) Fork-lift trucks, front-end loaders, and bulldozers shall be 
provided with falling object protective structures if used in an area 
where falling objects could create a hazard to the equipment operator.
    (b) The protective structure shall be capable of withstanding the 
falling object loads to which it would be subjected.



Sec. 56.14107  Moving machine parts.

    (a) Moving machine parts shall be guarded to protect persons from 
contacting gears, sprockets, chains, drive, head, tail, and takeup 
pulleys, flywheels, couplings, shafts, fan blades, and similar moving 
parts that can cause injury.
    (b) Guards shall not be required where the exposed moving parts are 
at least seven feet away from walking or working surfaces.



Sec. 56.14108  Overhead drive belts.

    Overhead drive belts shall be guarded to contain the whipping action 
of a broken belt if that action could be hazardous to persons.



Sec. 56.14109  Unguarded conveyors with adjacent travelways.

    Unguarded conveyors next to the travelways shall be equipped with--
    (a) Emergency stop devices which are located so that a person 
falling on or against the conveyor can readily deactivate the conveyor 
drive motor; or
    (b) Railings which--
    (1) Are positioned to prevent persons from falling on or against the 
conveyor;
    (2) Will be able to withstand the vibration, shock, and wear to 
which they will be subjected during normal operation; and
    (3) Are constructed and maintained so that they will not create a 
hazard.



Sec. 56.14110  Flying or falling materials.

    In areas where flying or falling materials generated from the 
operation of screens, crushers, or conveyors present a hazard, guards, 
shields, or other devices that provide protection against such flying or 
falling materials shall be provided to protect persons.



Sec. 56.14111  Slusher, backlash guards and securing.

    (a) When persons are exposed to slushing operations, the slushers 
shall be equipped with rollers and drum covers and anchored securely 
before slushing operations are started.
    (b) Slushers rated over 10 horsepower shall be equipped with 
backlash guards, unless the equipment operator is otherwise protected.
    (c) This standard does not apply to air tuggers of 10 horsepower or 
less that have only one cable and one drum.



Sec. 56.14112  Construction and maintenance of guards.

    (a) Guards shall be constructed and maintained to--
    (1) Withstand the vibration, shock, and wear to which they will be 
subjected during normal operation; and
    (2) Not create a hazard by their use.
    (b) Guards shall be securely in place while machinery is being 
operated, except when testing or making adjustments which cannot be 
performed without removal of the guard.



Sec. 56.14113  Inclined conveyors: backstops or brakes.

    Backstops or brakes shall be installed on drive units of inclined 
conveyors to prevent the conveyors from running in reverse, creating a 
hazard to persons.



Sec. 56.14114  Air valves for pneumatic equipment.

    A manual master quick-close type air valve shall be installed on all 
pneumatic-powered equipment if there is a hazard of uncontrolled 
movement when the air supply is activated. The valve shall be closed 
except when the equipment is being operated.



Sec. 56.14115  Stationary grinding machines.

    Stationary grinding machines, other than special bit grinders, shall 
be equipped with--

[[Page 300]]

    (a) Peripheral hoods capable of withstanding the force of a bursting 
wheel and enclosing not less than 270[deg] of the periphery of the 
wheel;
    (b) Adjustable tool rests set so that the distance between the 
grinding surface of the wheel and the tool rest in not greater than \1/
8\ inch; and
    (c) A safety washer on each side of the wheel.

[53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988]



Sec. 56.14116  Hand-held power tools.

    (a) Power drills, disc sanders, grinders and circular and chain 
saws, when used in the hand-held mode shall be operated with controls 
which require constant hand or finger pressure.
    (b) Circular saws and chain saws shall not be equipped with devices 
which lock-on the operating controls.



Sec. 56.14130  Roll-over protective structures (ROPS) and seat belts.

    (a) Equipment included. Roll-over protective structures (ROPS) and 
seat belts shall be installed on--
    (1) Crawler tractors and crawler loaders;
    (2) Graders;
    (3) Wheel loaders and wheel tractors;
    (4) The tractor portion of semi-mounted scrapers, dumpers, water 
wagons, bottom-dump wagons, rear-dump wagons, and towed fifth wheel 
attachments;
    (5) Skid-steer loaders; and
    (6) Agricultural tractors.
    (b) ROPS construction. ROPS shall meet the requirements of the 
following Society of Automotive Engineers (SAE) publications, as 
applicable, which are incorporated by reference:
    (1) SAE J1040, ``Performance Criteria for Roll-Over Protective 
Structures (ROPS) for Construction, Earthmoving, Forestry, and Mining 
Machines,'', 1986; or
    (2) SAE J1194, ``Roll-Over Protective Structures (ROPS) for Wheeled 
Agricultural Tractors'', 1983.
    (c) ROPS labelling. ROPS shall have a label permanently affixed to 
the structure identifying--
    (1) The manufacturer's name and address;
    (2) The ROPS model number; and
    (3) The make and model number of the equipment for which the ROPS is 
designed.
    (d) ROPS installation. ROPS shall be installed on the equipment in 
accordance with the recommendations of the ROPS manufacturer.
    (e) ROPS maintenance. (1) ROPS shall be maintained in a condition 
that meets the performance requirements applicable to the equipment. It 
the ROPS is subjected to roll-over a abnormal structural loading, the 
equipment manufacturer or a registered professional engineer with 
knowledge and experience in ROPS design shall recertify that the ROPS 
meets the applicable performance requirements before it is returned to 
service.
    (2) Alterations or repairs on ROPS shall be performed only with 
approval from the ROPS manufacturer or under the instructions of a 
registered professional engineer with knowledge and experience in ROPS 
design. The manufacturer or engineer shall certify that the ROPS meets 
the applicable performance requirements.
    (f) Exemptions. (1) This standard does not apply to--
    (i) Self-propelled mobile equipment manufactured prior to July 1, 
1969;
    (ii) Over-the-road type tractors that pull trailers or vans on 
highways;
    (iii) Equipment that is only operated by remote control; and
    (2) Self-propelled mobile equipment manufactured prior to October 
24, 1988, that is equipped with ROPS and seat belts that meet the 
installation and performance requirements of 30 CFR 56.9088 (1986 
edition) shall be considered in compliance with paragraphs (b) and (h) 
of this section.
    (g) Wearing seat belts. Seat belts shall be worn by the equipment 
operator except that when operating graders from a standing position, 
the grader operator shall wear safety lines and a harness in place of a 
seat belt.
    (h) Seat belts construction. Seat belts required under this section 
shall meet the requirement of SAE J386, ``Operator Restraint System for 
Off-Road Work Machines'' (1985, 1993, or 1997), or SAE J1194, ``Roll-
Over Protective Structures (ROPS) for Wheeled Agricultural Tractors'' 
(1983, 1989, 1994, or

[[Page 301]]

1999), as applicable, which are incorporated by reference.
    (i) Seat belt maintenance. Seat belts shall be maintained in 
functional condition, and replaced when necessary to assure proper 
performance.
    (j) Publications. The incorporation by reference of these 
publications is approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these 
publications may be examined at any Metal and Nonmetal Mine Safety and 
Health District Office; at MSHA's Office of Standards, Regulations, and 
Variances, 1100 Wilson Boulevard, Room 2349, Arlington, Virginia 22209-
3939; or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html. Copies may be purchased from 
the Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, 
Pennsylvania 15096-0001.

[53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988, as amended at 60 
FR 33723, June 29, 1995; 67 FR 38385, June 4, 2002; 68 FR 19347, Apr. 
21, 2003]



Sec. 56.14131  Seat belts for haulage trucks.

    (a) Seat belts shall be provided and worn in haulage trucks.
    (b) Seat belts shall be maintained in functional condition, and 
replaced when necessary to assure proper performance.
    (c) Seat belts required under this section shall meet the 
requirements of SAE J386, ``Operator Restraint System for Off-Road Work 
Machines'' (1985, 1993, or 1997), which are incorporated by reference.
    (d) The incorporation by reference of these publications is approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Copies of these publications may be examined 
at any Metal and Nonmetal Mine Safety and Health District Office; at 
MSHA's Office of Standards, Regulations, and Variances, 1100 Wilson 
Boulevard, Room 2349, Arlington, Virginia 22209-3939; or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.Copies may be purchased from the Society 
of Automotive Engineers, 400 Commonwealth Drive, Warrendale, 
Pennsylvania 15096-0001.

[50 FR 4054, Jan. 29, 1985, as amended at 67 FR 38385, June 4, 2002; 68 
FR 19347, Apr. 21, 2003]



Sec. 56.14132  Horns and backup alarms.

    (a) Manually-operated horns or other audible warning devices 
provided on self-propelled mobile equipment as a safety feature shall be 
maintained in functional condition.
    (b)(1) When the operator has an obstructed view to the rear, self-
propelled mobile equipment shall have--
    (i) An automatic reverse-activated signal alarm;
    (ii) A wheel-mounted bell alarm which sounds at least once for each 
three feet of reverse movement;
    (iii) A discriminating backup alarm that covers the area of 
obstructed view; or
    (iv) An observer to signal when it is safe to back up.
    (2) Alarms shall be audible above the surrounding noise level.
    (3) An automatic reverse-activated strobe light may be used at night 
in lieu of an audible reverse alarm.
    (c) This standard does not apply to rail equipment.

               Safety Practices and Operational Procedures



Sec. 56.14200  Warnings prior to starting or moving equipment.

    Before starting crushers or moving self-propelled mobile equipment, 
equipment operators shall sound a warning that is audible above the 
surrounding noise level or use other effective means to warn all persons 
who could be exposed to a hazard from the equipment.



Sec. 56.14201  Conveyor start-up warnings.

    (a) When the entire length of a conveyor is visible from the 
starting switch, the conveyor operator shall visually check to make 
certain that all

[[Page 302]]

persons are in the clear before starting the conveyor.
    (b) When the entire length of the conveyor is not visible from the 
starting switch, a system which provides visible or audible warning 
shall be installed and operated to warn persons that the conveyor will 
be started. Within 30 seconds after the warning is given, the conveyor 
shall be started or a second warning shall be given.



Sec. 56.14202  Manual cleaning of conveyor pulleys.

    Pulleys of conveyors shall not be cleaned manually while the 
conveyor is in motion.



Sec. 56.14203  Application of belt dressing.

    Belt dressings shall not be applied manually while belts are in 
motion unless a pressurized-type applicator is used that allows the 
dressing to be applied from outside the guards.



Sec. 56.14204  Machinery lubrication.

    Machinery or equipment shall not be lubricated manually while it is 
in motion where application of the lubricant may expose persons to 
injury.



Sec. 56.14205  Machinery, equipment, and tools.

    Machinery, equipment, and tools shall not be used beyond the design 
capacity intended by the manufacturer where such use may create a hazard 
to persons.



Sec. 56.14206  Securing movable parts.

    (a) When moving mobile equipment between workplaces, booms, forks, 
buckets, beds, and similar movable parts of the equipment shall be 
positioned in the travel mode and, if required for safe travel, 
mechanically secured.
    (b) When mobile equipment is unattended or not in use, dippers, 
buckets and scraper blades shall be lowered to the ground. Other movable 
parts, such as booms, shall be mechanically secured or positioned to 
prevent movement which would create a hazard to persons.

[53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988]



Sec. 56.14207  Parking procedures for unattended equipment.

    Mobile equipment shall not be left unattended unless the controls 
are placed in the park position and the parking brake, if provided, is 
set. When parked on a grade, the wheels or tracks of mobile equipment 
shall be either chocked or turned into a bank.



Sec. 56.14208  Warning devices.

    (a) Visible warning devices shall be used when parked mobile 
equipment creates a hazard to persons in other mobile equipment.
    (b) Mobile equipment, other than forklifts, carrying loads that 
project beyond the sides or more than four feet beyond the rear of the 
equipment shall have a warning flag at the end of the projection. Under 
conditions of limited visibility these loads shall have a warning light 
at the end of the projection. Such flag or lights shall be attached to 
the end of the projection or be carried by persons walking beside or 
behind the projection.



Sec. 56.14209  Safety procedures for towing.

    (a) A properly sized tow bar or other effective means of control 
shall be used to tow mobile equipment.
    (b) Unless steering and braking are under the control of the 
equipment operator on the towed equipment, a safety chain or wire rope 
capable of withstanding the loads to which it could be subjected shall 
be used in conjunction with any primary rigging.
    (c) This provision does not apply to rail equipment.



Sec. 56.14210  Movement of dippers, buckets, loading booms, or suspended loads.

    (a) Dippers, buckets, loading booms, or suspended loads shall not be 
swung over the operators' stations of self-propelled mobile equipment 
until the equipment operator is out of the operator's station and in a 
safe location.
    (b) This section does not apply when the equipment is specifically 
designed to protect the equipment operator from falling objects.

[[Page 303]]



Sec. 56.14211  Blocking equipment in a raised position.

    (a) Persons shall not work on top of, under, or work from mobile 
equipment in a raised position until the equipment has been blocked or 
mechanically secured to prevent it from rolling or falling accidentally.
    (b) Persons shall not work on top of, under, or work from a raised 
component of mobile equipment until the component has been blocked or 
mechanically secured to prevent accidental lowering. The equipment must 
also be blocked or secured to prevent rolling.
    (c) A raised component must be secured to prevent accidental 
lowering when persons are working on or around mobile equipment and are 
exposed to the hazard of accidental lowering of the component.
    (d) Under this section, a raised component of mobile equipment is 
considered to be blocked or mechanically secured if provided with a 
functional load-locking device or a device which prevents free and 
uncontrolled descent.
    (e) Blocking or mechanical securing of the raised component is 
required during repair or maintenance of elevated mobile work platforms.



Sec. 56.14212  Chains, ropes, and drive belts.

    Chains, ropes, and drive belts shall be guided mechanically onto 
moving pulleys, sprockets, or drums except where equipment is designed 
specifically for hand feeding.



Sec. 56.14213  Ventilation and shielding for welding.

    (a) Welding operations shall be shielded when performed at locations 
where arc flash could be hazardous to persons.
    (b) All welding operations shall be well-ventilated.



Sec. 56.14214  Train warnings.

    A warning that is audible above the surrounding noise level shall be 
sounded--
    (a) Immediately prior to moving trains;
    (b) When trains approach persons, crossings, other trains on 
adjacent tracks; and
    (c) Any place where the train operator's vision is obscured.



Sec. 56.14215  Coupling or uncoupling cars.

    Prior to coupling or uncoupling cars manually, trains shall be 
brought to a complete stop, and then moved at minimum tram speed until 
the coupling or uncoupling activity is completed. Coupling or uncoupling 
shall not be attempted from the inside of curves unless the railroad and 
cars are designed to eliminate hazards to persons.



Sec. 56.14216  Backpoling.

    Backpoling of trolleys is prohibited except where there is 
inadequate clearance to reverse the trolley pole. Where backpoling is 
required, it shall be done only at the minimum tram speed of the 
trolley.



Sec. 56.14217  Securing parked railcars.

    Parked railcars shall be blocked securely unless held effectively by 
brakes.



Sec. 56.14218  Movement of equipment on adjacent tracks.

    When a locomotive on one track is used to move rail equipment on 
adjacent tracks, a chain, cable, or drawbar shall be used which is 
capable of meeting the loads to which it could be subjected.



Sec. 56.14219  Brakeman signals.

    When a train is under the direction of a brakeman and the train 
operator cannot clearly recognize the brakeman's signals, the train 
operator shall bring the train to a stop.

    Appendix I to Subpart M of Part 56--National Consensus Standards

    Mine operators seeking further information regarding the 
construction and installation of falling object protective structures 
(FOPS) may consult the following national consensus standards, as 
applicable.

           MSHA Standard 56.14106, Falling Object Protection.
------------------------------------------------------------------------
                 Equipment                   National consensus standard
------------------------------------------------------------------------
Front-end loaders and bulldozers..........  Society of Automotive
                                             Engineers (SAE) minimum
                                             performance criteria for
                                             falling object protective
                                             structures (FOPS) SAE J231--
                                             January, 1981.

[[Page 304]]

 
Fork-lift trucks..........................  American National Standards
                                             Institute (ANSI) safety
                                             standard for low lift and
                                             high lift trucks, B 56.1,
                                             section 7.27--1983; or,
                                            American National Standards
                                             Institute (ANSI) standard,
                                             rough terrain fork lift
                                             trucks, B56.6--1987.
------------------------------------------------------------------------



                      Subpart N_Personal Protection



Sec. 56.15001  First-aid materials.

    Adequate first-aid materials, including stretchers and blankets, 
shall be provided at places convenient to all working areas. Water or 
neutralizing agents shall be available where corrosive chemicals or 
other harmful substances are stored, handled, or used.



Sec. 56.15002  Hard hats.

    All persons shall wear suitable hard hats when in or around a mine 
or plant where falling objects may create a hazard.



Sec. 56.15003  Protective footwear.

    All persons shall wear suitable protective footwear when in or 
around an area of a mine or plant where a hazard exists which could 
cause an injury to the feet.



Sec. 56.15004  Eye protection.

    All persons shall wear safety glasses, goggles, or face shields or 
other suitable protective devices when in or around an area of a mine or 
plant where a hazard exists which could cause injury to unprotected 
eyes.



Sec. 56.15005  Safety belts and lines.

    Safety belts and lines shall be worn when persons work where there 
is danger of falling; a second person shall tend the lifeline when bins, 
tanks, or other dangerous areas are entered.



Sec. 56.15006  Protective equipment and clothing for hazards and irritants.

    Special protective equipment and special protective clothing shall 
be provided, maintained in a sanitary and reliable condition and used 
whenever hazards of process or environment, chemical hazards, 
radiological hazards, or mechanical irritants are encountered in a 
manner capable of causing injury or impairment.



Sec. 56.15007  Protective equipment or clothing for welding, cutting, or 
working with molten metal.

    Protective clothing or equipment and face shields, or goggles shall 
be worn when welding, cutting, or working with molten metal.



Sec. 56.15014  Eye protection when operating grinding wheels.

    Face shields or goggles in good condition shall be worn when 
operating a grinding wheel.

[53 FR 32526, Aug. 25, 1988]



Sec. 56.15020  Life jackets and belts.

    Life jackets or belts shall be worn where there is danger from 
falling into water.



                Subpart O_Materials Storage and Handling



Sec. 56.16001  Stacking and storage of materials.

    Supplies shall not be stacked or stored in a manner which creates 
tripping or fall-of-material hazards.



Sec. 56.16002  Bins, hoppers, silos, tanks, and surge piles.

    (a) Bins, hoppers, silos, tanks, and surge piles, where loose 
unconsolidated materials are stored, handled or transferred shall be--
    (1) Equipped with mechanical devices or other effective means of 
handling materials so that during normal operations persons are not 
required to enter or work where they are exposed to entrapment by the 
caving or sliding of materials; and
    (2) Equipped with supply and discharge operating controls. The 
controls shall be located so that spills or overruns will not endanger 
persons.
    (b) Where persons are required to move around or over any facility 
listed in this standard, suitable walkways or passageways shall be 
provided.
    (c) Where persons are required to enter any facility listed in this 
standard for maintenance or inspection purposes, ladders, platforms, or 
staging

[[Page 305]]

shall be provided. No person shall enter the facility until the supply 
and discharge of materials have ceased and the supply and discharge 
equipment is locked out. Persons entering the facility shall wear a 
safety belt or harness equipped with a lifeline suitably fastened. A 
second person, similarly equipped, shall be stationed near where the 
lifeline is fastened and shall constantly adjust it or keep it tight as 
needed, with minimum slack.



Sec. 56.16003  Storage of hazardous materials.

    Materials that can create hazards if accidentally liberated from 
their containers shall be stored in a manner that minimizes the dangers.



Sec. 56.16004  Containers for hazardous materials.

    Containers holding hazardous materials must be of a type approved 
for such use by recognized agencies.

[67 FR 42389, June 21, 2002]



Sec. 56.16005  Securing gas cylinders.

    Compressed and liquid gas cylinders shall be secured in a safe 
manner.



Sec. 56.16006  Protection of gas cylinder valves.

    Valves on compressed gas cylinders shall be protected by covers when 
being transported or stored, and by a safe location when the cylinders 
are in use.



Sec. 56.16007  Taglines, hitches, and slings.

    (a) Taglines shall be attached to loads that may require steadying 
or guidance while suspended.
    (b) Hitches and slings used to hoist materials shall be suitable for 
the particular material handled.



Sec. 56.16009  Suspended loads.

    Persons shall stay clear of suspended loads.



Sec. 56.16010  Dropping materials from overhead.

    To protect personnel, material shall not be dropped from an overhead 
elevation until the drop area is first cleared of personnel and the area 
is then either guarded or a suitable warning is given.



Sec. 56.16011  Riding hoisted loads or on the hoist hook.

    Persons shall not ride on loads being moved by cranes or derricks, 
nor shall they ride the hoisting hooks unless such method eliminates a 
greater hazard.



Sec. 56.16012  Storage of incompatible substances.

    Chemical substances, including concentrated acids and alkalies, 
shall be stored to prevent inadvertent contact with each other or with 
other substances, where such contact could cause a violent reaction or 
the liberation of harmful fumes or gases.



Sec. 56.16013  Working with molten metal.

    Suitable warning shall be given before molten metal is poured and 
before a container of molten metal is moved.



Sec. 56.16014  Operator-carrying overhead cranes.

    Operator-carrying overhead cranes shall be provided with--
    (a) Bumpers at each end of each rail;
    (b) Automatic switches to halt uptravel of the blocks before they 
strike the hoist;
    (c) Effective audible warning signals within easy reach of the 
operator; and
    (d) A means to lock out the disconnect switch.



Sec. 56.16015  Work or travel on overhead crane bridges.

    No person shall work from or travel on the bridge of an overhead 
crane unless the bridge is provided with substantial footwalks with 
toeboards and railings the length of the bridge.



Sec. 56.16016  Lift trucks.

    Fork and other similar types of lift trucks shall be operated with 
the--
    (a) Upright tilted back to steady and secure the load;
    (b) Load in the upgrade position when ascending or descending grades 
in excess of 10 percent;
    (c) Load not raised or lowered enroute except for minor adjustments; 
and
    (d) Load-engaging device downgrade when traveling unloaded on all 
grades.

[[Page 306]]



                         Subpart P_Illumination



Sec. 56.17001  Illumination of surface working areas.

    Illumination sufficient to provide safe working conditions shall be 
provided in and on all surface structures, paths, walkways, stairways, 
switch panels, loading and dumping sites, and work areas.



                        Subpart Q_Safety Programs



Sec. 56.18002  Examination of working places.

    (a) A competent person designated by the operator shall examine each 
working place at least once each shift for conditions which may 
adversely affect safety or health. The operator shall promptly initiate 
appropriate action to correct such conditions.
    (b) A record that such examinations were conducted shall be kept by 
the operator for a period of one year, and shall be made available for 
review by the Secretary or his authorized representative.
    (c) In addition, conditions that may present an imminent danger 
which are noted by the person conducting the examination shall be 
brought to the immediate attention of the operator who shall withdraw 
all persons from the area affected (except persons referred to in 
section 104(c) of the Federal Mine Safety and Health Act of 1977) until 
the danger is abated.



Sec. 56.18006  New employees.

    New employees shall be indoctrinated in safety rules and safe work 
procedures.



Sec. 56.18009  Designation of person in charge.

    When persons are working at the mine, a competent person designated 
by the mine operator shall be in attendance to take charge in case of an 
emergency.



Sec. 56.18010  First aid.

    An individual capable of providing first aid shall be available on 
all shifts. The individual shall be currently trained and have the 
skills to perform patient assessment and artificial respiration; control 
bleeding; and treat shock, wounds, burns, and musculoskeletal injuries. 
First aid training shall be made available to all interested miners.

[61 FR 50436, Sept. 26, 1996]



Sec. 56.18012  Emergency telephone numbers.

    Emergency telephone numbers shall be posted at appropriate 
telephones.



Sec. 56.18013  Emergency communications system.

    A suitable communication system shall be provided at the mine to 
obtain assistance in the event of an emergency.



Sec. 56.18014  Emergency medical assistance and transportation.

    Arrangements shall be made in advance for obtaining emergency 
medical assistance and transportation for injured persons.



Sec. 56.18020  Working alone.

    No employee shall be assigned, or allowed, or be required to perform 
work alone in any area where hazardous conditions exist that would 
endanger his safety unless he can communicate with others, can be heard, 
or can be seen.



                      Subpart R_Personnel Hoisting



Sec. 56.19000  Application.

    (a) The hoisting standards in this subpart apply to those hoists and 
appurtenances used for hoising persons. However, where persons may be 
endangered by hoists and appurtenances used solely for handling ore, 
rock, and materials, the appropriate standards should be applied.
    (b) Standards 56.19021 through 56.19028 apply to wire ropes in 
service used to hoist persons with an incline hoist on the surface.
    (c) Emergency hoisting facilities should conform to the extent 
possible to safety requirements for other hoists, and should be adequate 
to remove the persons from the mine with a minimum of delay.

[[Page 307]]

                                 Hoists



Sec. 56.19001  Rated capacities.

    Hoists shall have rated capacities consistent with the loads handled 
and the recommended safety factors of the ropes used.



Sec. 56.19002  Anchoring.

    Hoists shall be anchored securely.



Sec. 56.19003  Driving mechanism connections.

    Belt, rope, or chains shall not be used to connect driving 
mechanisms to man hoists.



Sec. 56.19004  Brakes.

    Any hoist used to hoist persons shall be equipped with a brake or 
brakes which shall be capable of holding its fully loaded cage, skip, or 
bucket at any point in the shaft.



Sec. 56.19005  Locking mechanism for clutch.

    The operating mechanism of the clutch of every man-hoist drum shall 
be provided with a locking mechanism, or interlocked electrically or 
mechanically with the brake to prevent accidental withdrawal of the 
clutch.



Sec. 56.19006  Automatic hoist braking devices.

    Automatic hoists shall be provided with devices that automatically 
apply the brakes in the event of power failure.



Sec. 56.19007  Overtravel and overspeed devices.

    All man hoists shall be provided with devices to prevent overtravel. 
When utilized in shafts exceeding 100 feet in depth, such hoists shall 
also be provided with overspeed devices.



Sec. 56.19008  Friction hoist synchronizing mechanisms.

    Where creep or slip may alter the effective position of safety 
devices, friction hoists shall be equipped with synchronizing mechanisms 
that recalibrate the overtravel devices and position indicators.



Sec. 56.19009  Position indicator.

    An accurate and reliable indicator of the position of the cage, 
skip, bucket, or cars in the shaft shall be provided.



Sec. 56.19010  Location of hoist controls.

    Hoist controls shall be placed or housed so that the noise from 
machinery or other sources will not prevent hoistmen from hearing 
signals.



Sec. 56.19011  Drum flanges.

    Flanges on drums shall extend radially a minimum of 4 inches or 
three rope diameters beyond the last wrap, whichever is the lesser.



Sec. 56.19012  Grooved drums.

    Where grooved drums are used, the grooves shall be of suitable size 
and pitch for the ropes used.



Sec. 56.19013  Diesel- and other fuel-injection-powered hoists.

    Where any diesel or similar fuel-injection engine is used to power a 
hoist, the engine shall be equipped with a damper or other cutoff in its 
air intake system. The control handle shall be clearly labeled to 
indicate that its intended function is for emergency stopping only.



Sec. 56.19014  Friction hoist overtravel protection.

    In a friction hoist installation, tapered guides or other approved 
devices shall be installed above and below the limits of regular travel 
of the conveyance and arranged to prevent overtravel in the event of 
failure of other devices.



Sec. 56.19017  Emergency braking for electric hoists.

    Each electric hoist shall be equipped with a manually-operable 
switch that will initiate emergency braking action to bring the 
conveyance and the counterbalance safely to rest. This switch shall be 
located within reach of the hoistman in case the manual controls of the 
hoist fail.



Sec. 56.19018  Overtravel by-pass switches.

    When an overtravel by-pass switch is installed, the switch shall 
function so as to allow the conveyance to be moved

[[Page 308]]

through the overtravel position when the switch is held in the closed 
position by the hoistman. The overtravel by-pass switch shall return 
automatically to the open position when released by the hoistman.

[50 FR 4054, Jan. 29, 1985; 50 FR 20100, May 14, 1985]

                               Wire Ropes

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



Sec. 56.19021  Minimum rope strength.

    At installation, the nominal strength (manufacturer's published 
catalog strength) of wire ropes used for hoisting shall meet the minimum 
rope strength values obtained by the following formulas in which ``L'' 
equals the maximum suspended rope length in feet:
    (a) Winding drum ropes (all constructions, including rotation 
resistant).

For rope lengths less than 3,000 feet:
    Minimum Value=Static
    Loadx(7.0-0.001L)
For rope lengths 3,000 feet or greater:
    Minimum Value=Static Loadx4.0

    (b) Friction drum ropes.

For rope lengths less than 4,000 feet:
    Minimum Value=Static
    Loadx(7.0-0.0005L)
For rope lengths 4,000 feet or greater:
    Minimum Value=Static Loadx5.0

    (c) Tail ropes (balance ropes).

Minimum Value = Weight of Ropex7.0



Sec. 56.19022  Initial measurement.

    After initial rope stretch but before visible wear occurs, the rope 
diameter of newly installed wire ropes shall be measured at least once 
in every third interval of active length and the measurements averaged 
to establish a baseline for subsequent measurements. A record of the 
measurements and the date shall be made by the person taking the 
measurements. This record shall be retained until the rope is retired 
from service.

[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995]



Sec. 56.19023  Examinations.

    (a) At least once every fourteen calendar days, each wire rope in 
service shall be visually examined along its entire active length for 
visible structural damage, corrosion, and improper lubrication or 
dressing. In addition, visual examination for wear and broken wires 
shall be made at stress points, including the area near attachments, 
where the rope rests on sheaves, where the rope leaves the drum, at drum 
crossovers, and at change-of-layer regions. When any visible condition 
that results in a reduction of rope strength is present, the affected 
portion of the rope shall be examined on a daily basis.
    (b) Before any person is hoisted with a newly installed wire rope or 
any wire rope that has not been examined in the previous fourteen 
calendar days, the wire rope shall be examined in accordance with 
paragraph (a) of this section.
    (c) At least once every six months, nondestructive tests shall be 
conducted of the active length of the rope, or rope diameter 
measurements shall be made--
    (1) Wherever wear is evident;
    (2) Where the hoist rope rests on sheaves at regular stopping 
points;
    (3) Where the hoist rope leaves the drum at regular stopping points; 
and
    (4) At drum crossover and change-of-layer regions.
    (d) At the completion of each examination required by paragraph (a) 
of this section, the person making the examination shall certify, by 
signature and date, that the examination has been made. If any condition 
listed in paragraph (a) of this section is present, the person 
conducting the examination shall make a record of the condition and the 
date. Certifications and records of examinations shall be retained for 
one year.
    (e) The person making the measurements or nondestructive tests as 
required by paragraph (c) of this section shall record the measurements 
or test results and the date. This record shall be retained until the 
rope is retired from service.

[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995]

[[Page 309]]



Sec. 56.19024  Retirement criteria.

    Unless damage or deterioration is removed by cutoff, wire ropes 
shall be removed from service when any of the following conditions 
occurs:
    (a) The number of broken wires within a rope lay length, excluding 
filler wires, exceeds either--
    (1) Five percent of the total number of wires; or
    (2) Fifteen percent of the total number of wires within any strand.
    (b) On a regular lay rope, more than one broken wire in the valley 
between strands in one rope lay length.
    (c) A loss of more than one-third of the original diameter of the 
outer wires.
    (d) Rope deterioriation from corrosion.
    (e) Distortion of the rope structure.
    (f) Heat damage from any source.
    (g) Diameter reduction due to wear that exceeds six percent of the 
baseline diameter measurement.
    (h) Loss of more than ten percent of rope strength as determined by 
nondestructive testing.



Sec. 56.19025  Load end attachments.

    (a) Wire rope shall be attached to the load by a method that 
develops at least 80 percent of the nominal strength of the rope.
    (b) Except for terminations where use of other materials is a design 
feature, zinc (spelter) shall be used for socketing wire ropes. Design 
feature means either the manufacturer's original design or a design 
approved by a registered professional engineer.
    (c) Load end attachment methods using splices are prohibited.



Sec. 56.19026  Drum end attachment.

    (a) For drum end attachment, wire rope shall be attached--
    (1) Securely by clips after making one full turn around the drum 
spoke;
    (2) Securely by clips after making one full turn around the shaft, 
if the drum is fixed to the shaft; or
    (3) By properly assembled anchor bolts, clamps, or wedges, provided 
that the attachment is a design feature of the hoist drum. Design 
feature means either the manufacturer's original design or a design 
approved by a registered professional engineer.
    (b) A minimum of three full turns of wire rope shall be on the drum 
when the rope is extended to its maximum working length.



Sec. 56.19027  End attachment retermination.

    Damaged or deteriorated wire rope shall be removed by cutoff and the 
rope reterminated where there is--
    (a) More than one broken wire at an attachment;
    (b) Improper installation of an attachment;
    (c) Slippage at an attachment; or
    (d) Evidence of deterioration from corrosion at an attachment.



Sec. 56.19028  End attachment replacement.

    Wire rope attachments shall be replaced when cracked, deformed, or 
excessively worn.



Sec. 56.19030  Safety device attachments.

    Safety device attachments to hoist ropes shall be selected, 
installed, and maintained according to manufacturers' specifications to 
minimize internal corrosion and weakening of the hoist rope.

                         Headframes and Sheaves



Sec. 56.19035  Headframe design.

    All headframes shall be constructed with suitable design 
considerations to allow for all dead loads, live loads, and wind loads.



Sec. 56.19036  Headframe height.

    Headframes shall be high enough to provide clearance for overtravel 
and safe stopping of the conveyance.



Sec. 56.19037  Fleet angles.

    Fleet angles on hoists installed after November 15, 1979, shall not 
be greater than one and one-half degrees for smooth drums or two degrees 
for grooved drums.



Sec. 56.19038  Platforms around elevated head sheaves.

    Platforms with toeboards and handrails shall be provided around 
elevated head sheaves.

[[Page 310]]

                               Conveyances



Sec. 56.19045  Metal bonnets.

    Man cages and skips used for hoisting or lowering employees or other 
persons in any vertical shaft or any incline-shaft with an angle of 
inclination of forty-five degrees from the horizontal, shall be covered 
with a metal bonnet.



Sec. 56.19049  Hoisting persons in buckets.

    Buckets shall not be used to hoist persons except during shaft 
sinking operations, inspection, maintenance, and repairs.



Sec. 56.19050  Bucket requirements.

    Buckets used to hoist persons during vertical shaft sinking 
operations shall--
    (a) Be securely attached to a crosshead when traveling in either 
direction between the lower and upper crosshead parking locations;
    (b) Have overhead protection when the shaft depth exceeds 50 feet;
    (c) Have sufficient depth or a suitably designed platform to 
transport persons safely in a standing position; and
    (d) Have devices to prevent accidental dumping where the bucket is 
supported by a bail attached to its lower half.



Sec. 56.19054  Rope guides.

    Where rope guides are used in shafts other than in shaft sinking 
operations, the rope guides shall be a type of lock coil construction.

                           Hoisting Procedures



Sec. 56.19055  Availability of hoist operator for manual hoists.

    When a manually operated hoist is used, a qualified hoistman shall 
remain within hearing of the telephone or signal device at all times 
while any person is underground.



Sec. 56.19056  Availability of hoist operator for automatic hoists.

    When automatic hoisting is used, a competent operator of the hoist 
shall be readily available at or near the hoisting device while any 
person is underground.



Sec. 56.19057  Hoist operator's physical fitness.

    No person shall operate a hoist unless within the preceding 12 
months he has had a medical examination by a qualified, licensed 
physician who shall certify his fitness to perform this duty. Such 
certification shall be available at the mine.



Sec. 56.19058  Experienced hoist operators.

    Only experienced hoistmen shall operate the hoist except in cases of 
emergency and in the training of new hoistmen.



Sec. 56.19061  Maximum hoisting speeds.

    The safe speed for hoisting persons shall be determined for each 
shaft, and this speed shall not be exceeded. Persons should not be 
hoisted at a speed faster than 2,500 feet per minute, except in an 
emergency.



Sec. 56.19062  Maximum acceleration and deceleration.

    Maximum normal operating acceleration and deceleration shall not 
exceed 6 feet per second per second. During emergency braking, the 
deceleration shall not exceed 16 feet per second per second.



Sec. 56.19063  Persons allowed in hoist room.

    Only authorized persons shall be in hoist rooms.



Sec. 56.19065  Lowering conveyances by the brakes.

    Conveyances shall not be lowered by the brakes alone except during 
emergencies.



Sec. 56.19066  Maximum riders in a conveyance.

    In shafts inclined over 45 degrees, the operator shall determine and 
post in the conveyance or at each shaft station the maximum number of 
persons permitted to ride in a hoisting conveyance at any one time. Each 
person shall be provided a minimum of 1.5 square feet of floor space.

[[Page 311]]



Sec. 56.19067  Trips during shift changes.

    During shift changes, an authorized person shall be in charge of 
each trip in which persons are hoisted.



Sec. 56.19068  Orderly conduct in conveyances.

    Persons shall enter, ride, and leave conveyances in an orderly 
manner.



Sec. 56.19069  Entering and leaving conveyances.

    Persons shall not enter or leave conveyances which are in motion or 
after a signal to move the conveyance has been given to the hoistman.



Sec. 56.19070  Closing cage doors or gates.

    Cage doors or gates shall be closed while persons are being hoisted; 
they shall not be opened until the cage has come to a stop.



Sec. 56.19071  Riding in skips or buckets.

    Persons shall not ride in skips or buckets with muck, supplies, 
materials, or tools other than small hand tools.



Sec. 56.19072  Skips and cages in same compartment.

    When combinations of cages and skips are used in the same 
compartment, the cages shall be enclosed to protect personnel from 
flying material and the hoist speed reduced to man-speed as defined in 
standard 56.19061, but not to exceed 1,000 feet per minute. Muck shall 
not be hoisted with personnel during shift changes.



Sec. 56.19073  Hoisting during shift changes.

    Rock or supplies shall not be hoisted in the same shaft as persons 
during shift changes, unless the compartments and dumping bins are 
partitioned to prevent spillage into the cage compartment.



Sec. 56.19074  Riding the bail, rim, bonnet, or crosshead.

    Persons shall not ride the bail, rim, bonnet, or crosshead of any 
shaft conveyance except when necessary for inspection and maintenance, 
and then only when suitable protection for persons is provided.



Sec. 56.19075  Use of open hooks.

    Open hooks shall not be used to hoist buckets or other conveyances.



Sec. 56.19076  Maximum speeds for hoisting persons in buckets.

    When persons are hoisted in buckets, speeds shall not exceed 500 
feet per minute and shall not exceed 200 feet per minute when within 100 
feet of the intended station.



Sec. 56.19077  Lowering buckets.

    Buckets shall be stopped about 15 feet from the shaft bottom to 
await a signal from one of the crew on the bottom for further lowering.



Sec. 56.19078  Hoisting buckets from the shaft bottom.

    All buckets shall be stopped after being raised about 3 feet above 
the shaft bottom. A bucket shall be stabilized before a hoisting signal 
is given to continue hoisting the bucket to the crosshead. After a 
hoisting signal is given, hoisting to the crosshead shall be at a 
minimum speed. The signaling device shall be attended constantly until a 
bucket reaches the guides. When persons are hoisted, the signaling 
devices shall be attended until the crosshead has been engaged.



Sec. 56.19079  Blocking mine cars.

    Where mine cars are hoisted by cage or skip, means for blocking cars 
shall be provided at all landings and also on the cage.



Sec. 56.19080  Hoisting tools, timbers, and other materials.

    When tools, timbers, or other materials are being lowered or raised 
in a shaft by means of a bucket, skip, or cage, they shall be secured or 
so placed that they will not strike the sides of the shaft.



Sec. 56.19081  Conveyances not in use.

    When conveyances controlled by a hoist operator are not in use, they 
shall be released and the conveyances shall be raised or lowered a 
suitable distance to prevent persons from boarding or loading the 
conveyances.

[[Page 312]]



Sec. 56.19083  Overtravel backout device.

    A manually operated device shall be installed on each electric hoist 
that will allow the conveyance or counterbalance to be removed from an 
over-travel position. Such device shall not release the brake, or 
brakes, holding the overtravelled conveyance or counterbalance until 
sufficient drive motor torque has been developed to assure movement of 
the conveyance or counterbalance in the correct direction only.

                                Signaling



Sec. 56.19090  Dual signaling systems.

    There shall be at least two effective approved methods of signaling 
between each of the shaft stations and the hoist room, one of which 
shall be a telephone or speaking tube.



Sec. 56.19091  Signaling instructions to hoist operator.

    Hoist operators shall accept hoisting instructions only by the 
regular signaling system unless it is out of order. In such an event, 
and during other emergencies, the hoist operator shall accept 
instructions to direct movement of the conveyances only from authorized 
persons.



Sec. 56.19092  Signaling from conveyances.

    A method shall be provided to signal the hoist operator from cages 
or other conveyances at any point in the shaft.



Sec. 56.19093  Standard signal code.

    A standard code of hoisting signals shall be adopted and used at 
each mine. The movement of a shaft conveyance on a ``one bell'' signal 
is prohibited.



Sec. 56.19094  Posting signal code.

    A legible signal code shall be posted prominently in the hoist house 
within easy view of the hoistman, and at each place where signals are 
given or received.



Sec. 56.19095  Location of signal devices.

    Hoisting signal devices shall be positioned within easy reach of 
persons on the shaft bottom or constantly attended by a person stationed 
on the lower deck of the sinking platform.



Sec. 56.19096  Familiarity with signal code.

    Any person responsible for receiving or giving signals for cages, 
skips, and mantrips when persons or materials are being transported 
shall be familiar with the posted signaling code.

                                 Shafts



Sec. 56.19100  Shaft landing gates.

    Shaft landings shall be equipped with substantial safety gates so 
constructed that materials will not go through or under them; gates 
shall be closed except when loading or unloading shaft conveyances.



Sec. 56.19101  Stopblocks and derail switches.

    Positive stopblocks or a derail switch shall be installed on all 
tracks leading to a shaft collar or landing.



Sec. 56.19102  Shaft guides.

    A means shall be provided to guide the movement of a shaft 
conveyance.



Sec. 56.19103  Dumping facilities and loading pockets.

    Dumping facilities and loading pockets shall be constructed so as to 
minimize spillage into the shaft.



Sec. 56.19104  Clearance at shaft stations.

    Suitable clearance at shaft stations shall be provided to allow safe 
movement of persons, equipment, and materials.



Sec. 56.19105  Landings with more than one shaft entrance.

    A safe means of passage around open shaft compartments shall be 
provided on landings with more than one entrance to the shaft.



Sec. 56.19106  Shaft sets.

    Shaft sets shall be kept in good repair and clean of hazardous 
material.



Sec. 56.19107  Precautions for work in compartment affected by hoisting operation.

    Hoistmen shall be informed when persons are working in a compartment 
affected by that hoisting operation and a ``Men Working in Shaft'' sign 
shall be posted at the hoist.

[[Page 313]]



Sec. 56.19108  Posting warning signs during shaft work.

    When persons are working in a shaft ``Men Working in Shaft'' signs 
shall be posted at all devices controlling hoisting operations that may 
endanger such persons.



Sec. 56.19109  Shaft inspection and repair.

    Shaft inspection and repair work in vertical shafts shall be 
performed from substantial platforms equipped with bonnets or equivalent 
overhead protection.



Sec. 56.19110  Overhead protection for shaft deepening work.

    A substantial bulkhead or equivalent protection shall be provided 
above persons at work deepening a shaft.



Sec. 56.19111  Shaft-sinking ladders.

    Substantial fixed ladders shall be provided from the collar to as 
near the shaft bottom as practical during shaft-sinking operations, or 
an escape hoist powered by an emergency power source shall be provided. 
When persons are on the shaft bottom, a chain ladder, wire rope ladder, 
or other extension ladders shall be used from the fixed ladder or lower 
limit of the escape hoist to the shaft bottom.

                       Inspection and Maintenance



Sec. 56.19120  Procedures for inspection, testing, and maintenance.

    A systematic procedure of inspection, testing, and maintenance of 
shafts and hoisting equipment shall be developed and followed. If it is 
found or suspected that any part is not functioning properly, the hoist 
shall not be used until the malfunction has been located and repaired or 
adjustments have been made.



Sec. 56.19121  Recordkeeping.

    At the time of completion, the person performing inspections, tests, 
and maintenance of hoisting equipment required in standard 56.19120 
shall certify, by signature and date, that they have been done. A record 
of any part that is not functioning properly shall be made and dated. 
Certifications and records shall be retained for one year.

(Sec. 101, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 
(30 U.S.C. 811))

[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995]



Sec. 56.19122  Replacement parts.

    Parts used to repair hoists shall have properties that will ensure 
the proper and safe function of the hoist.



Sec. 56.19129  Examinations and tests at beginning of shift.

    Hoistmen shall examine their hoists and shall test overtravel, 
deadman controls, position indicators, and braking mechanisms at the 
beginning of each shift.



Sec. 56.19130  Conveyance shaft test.

    Before hoisting persons and to assure that the hoisting compartments 
are clear of obstructions, empty hoist conveyances shall be operated at 
least one round trip after:
    (a) Any hoist or shaft repairs or related equipment repairs that 
might restrict or obstruct conveyance clearance;
    (b) Any oversize or overweight material or equipment trips that 
might restrict or obstruct conveyance clearance;
    (c) Blasting in or near the shaft that might restrict or obstruct 
conveyance clearance; or
    (d) Remaining idle for one shift or longer.



Sec. 56.19131  Hoist conveyance connections.

    Hoist conveyance connections shall be inspected at least once during 
any 24-hour period that the conveyance is used for hoisting persons.



Sec. 56.19132  Safety catches.

    (a) A performance drop test of hoist conveyance safety catches shall 
be made at the time of installation, or prior to installation, in a 
mockup of the actual installation. The test shall be certified to in 
writing by the manufacturer or by a registered professional engineer 
performing the test.
    (b) After installation and before use, and at the beginning of any 
seven day

[[Page 314]]

period during which the conveyance is to be used, the conveyance shall 
be suitably rested and the hoist rope slackened to test for the 
unrestricted functioning of the safety catches and their activating 
mechanisms.
    (c) The safety catches shall be inspected by a competent person at 
the beginning of any 24-hour period that the conveyance is to be used.



Sec. 56.19133  Shaft.

    Shafts that have not been inspected within the past 7 days shall not 
be used until an inspection has been conducted by a competent person.



Sec. 56.19134  Sheaves.

    Sheaves in operating shafts shall be inspected weekly and kept 
properly lubricated.



Sec. 56.19135  Rollers in inclined shafts.

    Rollers used in operating inclined shafts shall be lubricated, 
properly aligned, and kept in good repair.



                         Subpart S_Miscellaneous



Sec. 56.20001  Intoxicating beverages and narcotics.

    Intoxicating beverages and narcotics shall not be permitted or used 
in or around mines. Persons under the influence of alcohol or narcotics 
shall not be permitted on the job.



Sec. 56.20002  Potable water.

    (a) An adequate supply of potable drinking water shall be provided 
at all active working areas.
    (b) The common drinking cup and containers from which drinking water 
must be dipped or poured are prohibited.
    (c) Where single service cups are supplied, a sanitary container for 
unused cups and a receptable for used cups shall be provided.
    (d) When water is cooled by ice, the ice shall either be of potable 
water or shall not come in contact with the water.
    (e) Potable water outlets shall be posted.
    (f) Potable water systems shall be constructed to prevent backflow 
or backsiphonage of non-potable water.



Sec. 56.20003  Housekeeping.

    At all mining operations--
    (a) Workplaces, passageways, storerooms, and service rooms shall be 
kept clean and orderly;
    (b) The floor of every workplace shall be maintained in a clean and, 
so far as possible, dry condition. Where wet processes are used, 
drainage shall be maintained, and false floors, platforms, mats, or 
other dry standing places shall be provided where practicable; and
    (c) Every floor, working place, and passageway shall be kept free 
from protruding nails, splinters, holes, or loose boards, as 
practicable.



Sec. 56.20005  Carbon tetrachloride.

    Carbon tetrachloride shall not be used.



Sec. 56.20008  Toilet facilities.

    (a) Toilet facilities shall be provided at locations that are 
compatible with the mine operations and that are readily accessible to 
mine personnel.
    (b) The facilities shall be kept clean and sanitary. Separate toilet 
facilities shall be provided for each sex except where toilet rooms will 
be occupied by no more than one person at a time and can be locked from 
the inside.



Sec. 56.20009  Tests for explosive dusts.

    Dusts suspected of being explosive shall be tested for 
explosibility. If tests prove positive, appropriate control measures 
shall be taken.



Sec. 56.20010  Retaining dams.

    If failure of a water or silt retaining dam will create a hazard, it 
shall be of substantial construction and inspected at regular intervals.



Sec. 56.20011  Barricades and warning signs.

    Areas where health or safety hazards exist that are not immediately 
obvious to employees shall be barricaded, or warning signs shall be 
posted at all approaches. Warning signs shall be readily visible, 
legible, and display the nature of the hazard and any protective action 
required.

[[Page 315]]



Sec. 56.20013  Waste receptacles.

    Receptacles with covers shall be provided at suitable locations and 
used for the disposal of waste food and associated materials. They shall 
be emptied frequently and shall be maintained in a clean and sanitary 
condition.



Sec. 56.20014  Prohibited areas for food and beverages.

    No person shall be allowed to consume or store food or beverages in 
a toilet room or in any area exposed to a toxic material.



PART 57_SAFETY AND HEALTH STANDARDS_UNDERGROUND METAL AND NONMETAL 
MINES--Table of Contents




                            Subpart A_General

Sec.
57.1 Purpose and scope.
57.2 Definitions.

                               Procedures

57.1000 Notification of commencement of operations and closing of mines.

                        Subpart B_Ground Control

57.3000 Definitions.

              Scaling and Support--Surface and Underground

57.3200 Correction of hazardous conditions.
57.3201 Location for performing scaling.
57.3202 Scaling tools.
57.3203 Rock fixtures.

                  Scaling and Support--Underground Only

57.3360 Ground support use.

                  Precautions--Surface and Underground

57.3400 Secondary breakage.
57.3401 Examination of ground conditions.

                        Precautions--Surface Only

57.3430 Activity between machinery or equipment and the highwall or 
          bank.

                      Precautions--Underground Only

57.3460 Maintenance between machinery or equipment and ribs.
57.3461 Rock bursts.

                  Subpart C_Fire Prevention and Control

57.4000 Definitions.
57.4011 Abandoned electric circuits.
57.4057 Underground trailing cables.

                  Prohibitions/Precautions/Housekeeping

57.4100 Smoking and use of open flames.
57.4101 Warning signs.
57.4102 Spillage and leakage.
57.4103 Fueling internal combustion engines.
57.4104 Combustible waste.
57.4130 Surface electric substations and liquid storage facilities.
57.4131 Surface fan installations and mine openings.
57.4160 Underground electric substations and liquid storage facilities.
57.4161 Use of fire underground.

                         Firefighting Equipment

57.4200 General requirements.
57.4201 Inspection.
57.4202 Fire hydrants.
57.4203 Extinguisher recharging or replacement.
57.4230 Surface self-propelled equipment.
57.4260 Underground self-propelled equipment.
57.4261 Shaft-station waterlines.
57.4262 Underground transformer stations, combustible liquid storage and 
          dispensing areas, pump rooms, compressor rooms, and hoist 
          rooms.
57.4263 Underground belt conveyors.

                  Firefighting Procedures/Alarms/Drills

57.4330 Surface firefighting, evacuation, and rescue procedures.
57.4331 Surface firefighting drills.
57.4360 Underground alarm systems.
57.4361 Underground evacuation drills.
57.4362 Underground rescue and firefighting operations.
57.4363 Underground evacuation instruction.

               Flammable and Combustible Liquids and Gases

57.4400 Use restrictions.
57.4401 Storage tank foundations.
57.4402 Safety can use.
57.4430 Surface storage facilities.
57.4431 Surface storage restrictions.
57.4460 Storage of flammable liquids underground.
57.4461 Gasoline use restrictions underground.
57.4462 Storage of combustible liquids underground.
57.4463 Liquefied petroleum gas use underground.

                  Installation/Construction/Maintenance

57.4500 Heat sources.
57.4501 Fuel lines.
57.4502 Battery-charging stations.
57.4503 Conveyor belt slippage.
57.4504 Fan installations.
57.4505 Fuel lines to underground areas.
57.4530 Exits for surface buildings and structures.

[[Page 316]]

57.4531 Surface flammable or combustible liquid storage buildings or 
          rooms.
57.4532 Blacksmith shops.
57.4533 Mine opening vicinity.
57.4560 Mine entrances.
57.4561 Stationary diesel equipment underground.

                    Welding/Cutting/Compressed Gases

57.4600 Extinguishing equipment.
57.4601 Oxygen cylinder storage.
57.4602 Gauges and regulators.
57.4603 Closure of valves.
57.4604 Preparation of pipelines or containers.
57.4660 Work in shafts, raises, or winzes and other activities involving 
          hazard areas.

                      Ventilation Control Measures

57.4760 Shaft mines.
57.4761 Underground shops.

Appendix I to Subpart C--National Consensus Standards

     Subpart D_Air Quality, Radiation, Physical Agents, and Diesel 
                           Particulate Matter

                  Air Quality--Surface and Underground

57.5001 Exposure limits for airborne contaminants.
57.5002 Exposure monitoring.
57.5005 Control of exposure to airborne contaminants.
57.5006 Restricted use of chemicals.

                  Air Quality--Surface Only [Reserved]

                      Air Quality--Underground Only

57.5015 Oxygen deficiency.

                       Radiation--Underground Only

57.5037 Radon daughter exposure monitoring.
57.5038 Annual exposure limits.
57.5039 Maximum permissible concentration.
57.5040 Exposure records.
57.5041 Smoking prohibition.
57.5042 Revised exposure levels.
57.5044 Respirators.
57.5045 Posting of inactive workings.
57.5046 Protection against radon gas.
57.5047 Gamma radiation surveys.

               Diesel Particulate Matter--Underground Only

57.5060 Limit on concentration of diesel particulate matter.
57.5061 Compliance determinations.
57.5062 Diesel particulate matter control plan.
57.5065 Fueling practices.
57.5066 Maintenance standards.
57.5067 Engines.
57.5070 Miner training.
57.5071 Environmental monitoring.
57.5075 Diesel particulate records.

                          Subpart E_Explosives

57.6000 Definitions.

                    Storage--Surface and Underground

57.6100 Separation of stored explosive material.
57.6101 Areas around explosive material storage facilities.
57.6102 Explosive material storage practices.

                          Storage--Surface Only

57.6130 Explosive material storage facilities.
57.6131 Location of explosive material storage facilities.
57.6132 Magazine requirements.
57.6133 Powder chests.

                        Storage--Underground Only

57.6160 Main facilities.
57.6161 Auxiliary facilities.

                 Transportation--Surface and Underground

57.6200 Delivery to storage or blast site areas.
57.6201 Separation of transported explosive material.
57.6202 Vehicles.
57.6203 Locomotives.
57.6204 Hoists.
57.6205 Conveying explosives by hand.

                       Use--Surface and Undergound

57.6300 Control of blasting operations.
57.6301 Blasthole obstruction check.
57.6302 Separation of explosive material.
57.6303 Initiation preparation.
57.6304 Primer protection.
57.6305 Unused explosive material.
57.6306 Loading, blasting, and security.
57.6307 Drill stem loading.
57.6308 Initiation systems.
57.6309 Fuel oil requirements for ANFO.
57.6310 Misfire waiting period.
57.6311 Handling of misfires.
57.6312 Secondary blasting.

               Electric Blasting--Surface and Underground

57.6400 Compatibility of electric detonators.
57.6401 Shunting.
57.6402 Deenergized circuits near detonators.
57.6403 Branch circuits.
57.6404 Separation of blasting circuits from power source.
57.6405 Firing devices.
57.6406 Duration of current flow.
57.6407 Circuit testing.

[[Page 317]]

              Nonelectric Blasting--Surface and Underground

57.6500 Damaged initiating material.
57.6501 Nonelectric initiation systems.
57.6502 Safety fuse.

             Extraneous Electricity--Surface and Underground

57.6600 Loading practices.
57.6601 Grounding.
57.6602 Static electricity dissipation during loading.
57.6603 Air gap.
57.6604 Precautions during storms.
57.6605 Isolation of blasting circuits.

                Equipment/Tools--Surface and Underground

57.6700 Nonsparking tools.
57.6701 Tamping and loading pole requirements.

                  Maintenance--Surface and Underground

57.6800 Storage facilities.
57.6801 Vehicle repair.
57.6802 Bulk delivery vehicles.
57.6803 Blasting lines.

              General Requirements--Surface and Underground

57.6900 Damaged or deteriorated explosive material.
57.6901 Black powder.
57.6902 Excessive temperatures.
57.6903 Burning explosive material.
57.6904 Smoking and open flames.
57.6905 Protection of explosive material.

                 General Requirements--Underground Only

57.6960 Mixing of explosive material.

               Subpart F_Drilling and Rotary Jet Piercing

                         Drilling--Surface Only

57.7002 Equipment defects.
57.7003 Drill area inspection.
57.7004 Drill mast.
57.7005 Augers and drill stems.
57.7008 Moving the drill.
57.7009 Drill helpers.
57.7010 Power failures.
57.7011 Straightening crossed cables.
57.7012 Tending drills in operation.
57.7013 Covering or guarding drill holes.
57.7018 Hand clearance.

                       Drilling--Underground Only

57.7028 Hand clearance.
57.7032 Anchoring.

                    Drilling--Surface and Underground

57.7050 Tool and drill steel racks.
57.7051 Loose objects on the mast or drill platform.
57.7052 Drilling positions.
57.7053 Moving hand-held drills.
57.7054 Starting or moving drill equipment.
57.7055 Intersecting holes.
57.7056 Collaring in bootlegs.

                    Rotary Jet Piercing--Surface Only

57.7801 Jet drills.
57.7802 Oxygen hose lines.
57.7803 Lighting the burner.
57.7804 Refueling.
57.7805 Smoking and open flames.
57.7806 Oxygen intake coupling.
57.7807 Flushing the combustion chamber.

                          Subpart G_Ventilation

                         Surface and Underground

57.8518 Main and booster fans.
57.8519 Underground main fan controls.

                            Underground Only

57.8520 Ventilation plan.
57.8525 Main fan maintenance.
57.8527 Oxygen-deficiency testing.
57.8528 Unventilated areas.
57.8529 Auxiliary fan systems.
57.8531 Construction and maintenance of ventilation doors.
57.8532 Opening and closing ventilation doors.
57.8534 Shutdown or failure of auxiliary fans.
57.8535 Seals.

                 Subpart H_Loading, Hauling, and Dumping

                             Traffic Safety

57.9100 Traffic control.
57.9101 Operating speeds and control of equipment.
57.9102 Movement of independently operating rail equipment.
57.9103 Clearance on adjacent tracks.
57.9104 Railroad crossings.
57.9160 Train movement during shift changes.

                 Transportation of Persons and Materials

57.9200 Transporting persons.
57.9201 Loading, hauling, and unloading of equipment or supplies.
57.9202 Loading and hauling large rocks.
57.9260 Supplies, materials, and tools on mantrips.
57.9261 Transporting tools and materials on locomotives.

Safety Devices, Provisions, and Procedures for Roadways, Railroads, and 
                        Loading and Dumping Sites

57.9300 Berms or guardrails.
57.9301 Dump site restraints.
57.9302 Protection against moving or runaway railroad equipment.

[[Page 318]]

57.9303 Construction of ramps and dumping facilities.
57.9304 Unstable ground.
57.9305 Truck spotters.
57.9306 Warning devices for restricted clearances.
57.9307 Design, installation, and maintenance of railroads.
57.9308 Switch throws.
57.9309 Chute design.
57.9310 Chute hazards.
57.9311 Anchoring stationary sizing devices.
57.9312 Working around drawholes.
57.9313 Roadway maintenance.
57.9314 Trimming stockpile and muckpile faces.
57.9315 Dust control.
57.9316 Notifying the equipment operator.
57.9317 Suspended loads.
57.9318 Getting on or off moving equipment.
57.9319 Going over, under, or between railcars.
57.9330 Clearance for surface equipment.
57.9360 Shelter holes.
57.9361 Drawholes.
57.9362 Protection of signalmen.

                        Subpart I_Aerial Tramways

57.10001 Filling buckets.
57.10002 Inspection and maintenance.
57.10003 Correction of defects.
57.10004 Brakes.
57.10005 Track cable connections.
57.10006 Tower guards.
57.10007 Falling object protection.
57.10008 Riding tramways.
57.10009 Riding loaded buckets.
57.10010 Starting precautions.

                   Subpart J_Travelways and Escapeways

                   Travelways--Surface and Underground

57.11001 Safe access.
57.11002 Handrails and toeboards.
57.11003 Construction and maintenance of ladders.
57.11004 Portable rigid ladders.
57.11005 Fixed ladder anchorage and toe clearance.
57.11006 Fixed ladder landings.
57.11007 Wooden components of ladders.
57.11008 Restricted clearance.
57.11009 Walkways along conveyors.
57.11010 Stairstep clearance.
57.11011 Use of ladders.
57.11012 Protection for openings around travelways.
57.11013 Conveyor crossovers.
57.11014 Crossing moving conveyors.
57.11016 Snow and ice on walkways and travelways.
57.11017 Inclined fixed ladders.

                        Travelways--Surface Only

57.11025 Railed landings, backguards, and other protection for fixed 
          ladders.
57.11026 Protection for inclined fixed ladders.
57.11027 Scaffolds and working platforms.

                      Travelways--Underground Only

57.11036 Ladderway trap doors and guards.
57.11037 Ladderway openings.
57.11038 Entering a manway.
57.11040 Inclined travelways.
57.11041 Landings for inclined ladderways.

                      Escapeways--Underground Only

57.11050 Escapeways and refuges.
57.11051 Escape routes.
57.11052 Refuge areas.
57.11053 Escape and evacuation plans.
57.11054 Communication with refuge chambers.
57.11055 Inclined escapeways.
57.11056 Emergency hoists.
57.11058 Check-in, check-out system.
57.11059 Respirable atmosphere for hoist operators underground.

                          Subpart K_Electricity

                         Surface and Underground

57.12001 Circuit overload protection.
57.12002 Controls and switches.
57.12003 Trailing cable overload protection.
57.12004 Electrical conductors.
57.12005 Protection of power conductors from mobile equipment.
57.12006 Distribution boxes.
57.12007 Junction box connection procedures.
57.12008 Insulation and fittings for power wires and cables.
57.12010 Isolation or insulation of communication conductors.
57.12011 High-potential electrical conductors.
57.12012 Bare signal wires.
57.12013 Splices and repairs of power cables.
57.12014 Handling energized power cables.
57.12016 Work on electrically-powered equipment.
57.12017 Work on power circuits.
57.12018 Identification of power switches.
57.12019 Access to stationary electrical equipment or switchgear.
57.12020 Protection of persons at switchgear.
57.12021 Danger signs.
57.12022 Authorized persons at major electrical installations.
57.12023 Guarding electrical connections and resistor grids.
57.12025 Grounding circuit enclosures.
57.12026 Grounding transformer and switchgear enclosures.
57.12027 Grounding mobile equipment.
57.12028 Testing grounding systems.
57.12030 Correction of dangerous conditions.
57.12032 Inspection and cover plates.
57.12033 Hand-held electric tools.

[[Page 319]]

57.12034 Guarding around lights.
57.12035 Weatherproof lamp sockets.
57.12036 Fuse removal or replacement.
57.12037 Fuses in high-potential circuits.
57.12038 Attachment of trailing cables.
57.12039 Protection of surplus trailing cables.
57.12040 Installation of operating controls.
57.12041 Design of switches and starting boxes.
57.12042 Track bonding.
57.12045 Overhead powerlines.
57.12047 Guy wires.
57.12048 Communication conductors on power poles.
57.12050 Installation of trolley wires.
57.12053 Circuits powered from trolley wires.

                              Surface Only

57.12065 Short circuit and lightning protection.
57.12066 Guarding trolley wires and bare powerlines.
57.12067 Installation of transformers.
57.12068 Locking transformer enclosures.
57.12069 Lightning protection for telephone wires and ungrounded 
          conductors.
57.12071 Movement or operation of equipment near high-voltage 
          powerlines.

                            Underground Only

57.12080 Bare conductor guards.
57.12081 Bonding metal pipelines to ground return circuits.
57.12082 Isolation of powerlines.
57.12083 Support of power cables in shafts and boreholes.
57.12084 Branch circuit disconnecting devices.
57.12085 Transformer stations.
57.12086 Location of trolley wire.
57.12088 Splicing trailing cables.

                  Subpart L_Compressed Air and Boilers

57.13001 General requirements for boilers and pressure vessels.
57.13010 Reciprocating-type air compressors.
57.13011 Air receiver tanks.
57.13012 Compressor air intakes.
57.13015 Inspection of compressed-air receivers and other unfired 
          pressure vessels.
57.13017 Compressor discharge pipes.
57.13019 Pressure system repairs.
57.13020 Use of compressed air.
57.13021 High-pressure hose connections.
57.13030 Boilers.

                    Subpart M_Machinery and Equipment

57.14000 Definitions.

               Safety Devices and Maintenance Requirements

57.14100 Safety defects; examination, correction and records.
57.14101 Brakes.
57.14102 Brakes for rail equipment.
57.14103 Operators' stations.
57.14104 Tire repairs.
57.14105 Procedures during repairs or maintenance.
57.14106 Falling object protection.
57.14107 Moving machine parts.
57.14108 Overhead drive belts.
57.14109 Unguarded conveyors with adjacent travelways.
57.14110 Flying or falling materials.
57.14111 Slusher, backlash guards and securing.
57.14112 Construction and maintenance of guards.
57.14113 Inclined conveyors: backstops or brakes.
57.14114 Air valves for pneumatic equipment.
57.14115 Stationary grinding machines.
57.14116 Hand-held power tools.
57.14130 Roll-over protective structures (ROPS) and seat belts for 
          surface equipment.
57.14131 Seat belts for surface haulage trucks.
57.14132 Horns and back-up alarms for surface equipment.
57.14160 Mantrip trolley wire hazards underground.
57.14161 Makeshift couplings.
57.14162 Trip lights.

               Safety Practices and Operational Procedures

57.14200 Warnings prior to starting or moving equipment.
57.14201 Conveyor start-up warnings.
57.14202 Manual cleaning of conveyor pulleys.
57.14203 Application of belt dressing.
57.14204 Machinery lubrication.
57.14205 Machinery, equipment, and tools.
57.14206 Securing movable parts.
57.14207 Parking procedures for unattended equipment.
57.14208 Warning devices.
57.14209 Safety procedures for towing.
57.14210 Movement of dippers, buckets, loading booms, or suspended 
          loads.
57.14211 Blocking equipment in a raised position.
57.14212 Chains, ropes, and drive belts.
57.14213 Ventilation and shielding for welding.
57.14214 Train warnings.
57.14215 Coupling or uncoupling cars.
57.14216 Backpoling.
57.14217 Securing parked railcars.
57.14218 Movement of equipment on adjacent tracks.
57.14219 Brakeman signals.

Appendix I for Subpart M--National Consensus Standards

[[Page 320]]

                      Subpart N_Personal Protection

                         Surface and Underground

57.15001 First aid materials.
57.15002 Hard hats.
57.15003 Protective footwear.
57.15004 Eye protection.
57.15005 Safety belts and lines.
57.15006 Protective equipment and clothing for hazards and irritants.
57.15007 Protective equipment or clothing for welding, cutting, or 
          working with molten metal.
57.15014 Eye protection when operating grinding wheels.

                              Surface Only

57.15020 Life jackets and belts.

                            Underground Only

57.15030 Provision and maintenance of self-rescue devices.
57.15031 Location of self-rescue devices.

                Subpart O_Materials Storgage and Handling

57.16001 Stacking and storage of materials.
57.16002 Bins, hoppers, silos, tanks, and surge piles.
57.16003 Storage of hazardous materials.
57.16004 Containers for hazardous materials.
57.16005 Securing gas cylinders.
57.16006 Protection of gas cylinder valves.
57.16007 Taglines, hitches, and slings.
57.16009 Suspended loads.
57.16010 Dropping materials from overhead.
57.16011 Riding hoisted loads or on the hoist hook.
57.16012 Storage of incompatible substances.
57.16013 Working with molten metal.
57.16014 Operator-carrying overhead cranes.
57.16015 Work or travel on overhead crane bridges.
57.16016 Lift trucks.
57.16017 Hoisting heavy equipment or material.

                         Subpart P-Illumination

57.17001 Illumination of surface working areas.
57.17010 Electric lamps.

                        Subpart Q_Safety Programs

                         Surface and Underground

57.18002 Examination of working places.
57.18006 New employees.
57.18009 Designation of person in charge.
57.18010 First aid.
57.18012 Emergency telephone numbers.
57.18013 Emergency communications system.
57.18014 Emergency medical assistance and transportation.

                              Surface Only

57.18020 Working alone.

                            Underground Only

57.18025 Working alone.
57.18028 Mine emergency and self-rescuer training

                      Subpart R_Personnel Hoisting

57.19000 Application.

                                 Hoists

57.19001 Rated capacities.
57.19002 Anchoring.
57.19003 Driving mechanism connections.
57.19004 Brakes.
57.19005 Locking mechanism for clutch.
57.19006 Automatic hoist braking devices.
57.19007 Overtravel and overspeed devices.
57.19008 Friction hoist synchronizing mechanisms.
57.19009 Position indicator.
57.19010 Location of hoist controls.
57.19011 Drum flanges.
57.19012 Grooved drums.
57.19013 Diesel-and other fuel-injection-powered hoists.
57.19014 Friction hoist overtravel protection.
57.19017 Emergency braking for electric hoists.
57.19018 Overtravel by-pass switches.

                               Wire Ropes

57.19019 Guide ropes.
57.19021 Minimum rope strength.
57.19022 Initial measurement.
57.19023 Examinations.
57.19024 Retirement criteria.
57.19025 Load end attachments.
57.19026 Drum end attachment.
57.19027 End attachment retermination.
57.19028 End attachment replacement.
57.19030 Safety device attachments.

                         Headframes and Sheaves

57.19035 Headframe design.
57.19036 Headframe height.
57.19037 Fleet angles.
57.19038 Platforms around elevated head sheaves.

                               Conveyances

57.19045 Metal bonnets.
57.19049 Hoisting persons in buckets.
57.19050 Bucket requirements.
57.19054 Rope guides.

                           Hoisting Procedures

57.19055 Availability of hoist operator for manual hoists.
57.19056 Availability of hoist operator for automatic hoists.
57.19057 Hoist operator's physical fitness.

[[Page 321]]

57.19058 Experienced hoist operators.
57.19061 Maximum hoisting speeds.
57.19062 Maximum acceleration and deceleration.
57.19063 Persons allowed in hoist room.
57.19065 Lowering conveyances by the brakes.
57.19066 Maximum riders in a conveyance.
57.19067 Trips during shift changes.
57.19068 Orderly conduct in conveyances.
57.19069 Entering and leaving conveyances.
57.19070 Closing cage doors or gates.
57.19071 Riding in skips or buckets.
57.19072 Skips and cages in same compartment.
57.19073 Hoisting during shift changes.
57.19074 Riding the bail, rim, bonnet, or crosshead.
57.19075 Use of open hooks.
57.19076 Maximum speeds for hoisting persons in buckets.
57.19077 Lowering buckets.
57.19078 Hoisting buckets from the shaft bottom.
57.19079 Blocking mine cars.
57.19080 Hoisting tools, timbers, and other materials.
57.19081 Conveyances not in use.
57.19083 Overtravel backout device.

                                Signaling

57.19090 Dual signaling systems.
57.19091 Signaling instructions to hoist operator.
57.19092 Signaling from conveyances.
57.19093 Standard signal code.
57.19094 Posting signal code.
57.19095 Location of signal devices.
57.19096 Familiarity with signal code.

                                 Shafts

57.19100 Shaft landing gates.
57.19101 Stopblocks and derail switches.
57.19102 Shaft guides.
57.19103 Dumping facilities and loading pockets.
57.19104 Clearance at shaft stations.
57.19105 Landings with more than one shaft entrance.
57.19106 Shaft sets.
57.19107 Precautions for work in compartment affected by hoisting 
          operation.
57.19108 Posting warning signs during shaft work.
57.19109 Shaft inspection and repair.
57.19110 Overhead protection for shaft deepening work.
57.19111 Shaft-sinking ladders.

                       Inspection and Maintenance

57.19120 Procedures for inspection, testing, and maintenance.
57.19121 Recordkeeping.
57.19122 Replacement parts.
57.19129 Examinations and tests at beginning of shift.
57.19130 Conveyance shaft test.
57.19131 Hoist conveyance connections.
57.19132 Safety catches.
57.19133 Shaft.
57.19134 Sheaves.
57.19135 Rollers in inclined shafts.

                         Subpart S_Miscellaneous

57.20001 Intoxicating beverages and narcotics.
57.20002 Potable water.
57.20003 Housekeeping.
57.20005 Carbon tetrachloride.
57.20008 Toilet facilities.
57.20009 Tests for explosive dusts.
57.20010 Retaining dams.
57.20011 Barricades and warning signs.
57.20013 Waste receptacles.
57.20014 Prohibited areas for food and beverages.
57.20020 Unattended mine openings.
57.20021 Abandoned mine openings.
57.20031 Blasting underground in hazardous areas.
57.20032 Two-way communication equipment for underground operations.

   Subpart T_Safety Standards for Methane in Metal and Nonmetal Mines

                                 General

57.22001 Scope.
57.22002 Definitions.

                           Mine Categorization

57.22003 Mine category or subcategory.
57.22004 Category placement or change in placement.
57.22005 Notice and appeal of placement or change in placement.

                       Fire Prevention and Control

57.22101 Smoking (I-A, II-A, III, and V-A mines).
57.22102 Smoking (I-C mines).
57.22103 Open flames (I-A, II-A, III, and V-A mines).
57.22104 Open flames (I-C mines).
57.22105 Smoking and open flames (IV mines).
57.22106 Dust containing volatile matter (I-C mines).

                               Ventilation

57.22201 Mechanical ventilation (I-A, I-B, I-C, II-A, II-B, III, IV, V-
          A, and V-B mines).
57.22202 Main fans (I-A, I-B, I-C, II-A, III, V-A, and V-B mines).
57.22203 Main fan operation (I-C mines).
57.22204 Main fan operation and inspection (I-A, II-A, III, and V-A 
          mines).
57.22205 Doors on main fans (I-A, II-A, III, and V-A mines).

[[Page 322]]

57.22206 Main ventilation failure (I-A, II-A, III, and V-A mines).
57.22207 Booster fans (I-A, II-A, III, and V-A mines).
57.22208 Auxiliary fans (I-A, II-A, III, and V-A mines).
57.22209 Auxiliary fans (I-C mines).
57.22210 In-line filters (I-C mines).
57.22211 Air flow (I-A mines).
57.22212 Air flow (I-C, II-A, and V-A mines).
57.22213 Air flow (III mines).
57.22214 Changes in ventilation (I-A, II-A, III, and V-A mines).
57.22215 Separation of intake and return air (I-A, II-A, III, and V-A 
          mines).
57.22216 Separation of intake and return air (I-C mines).
57.22217 Seals and stoppings (I-A, I-B and I-C mines).
57.22218 Seals and stoppings (III, V-A, and V-B mines).
57.22219 Seals and stoppings (II-A mines).
57.22220 Air passing unsealed areas (I-A, II-A, III, and V-A mines).
57.22221 Overcast and undercast construction (I-A, II-A, III, and V-A 
          mines).
57.22222 Ventilation materials (I-A, I-B, I-C, II-A, III, V-A, and V-B 
          mines).
57.22223 Crosscuts before abandonment (III mines).
57.22224 Auxiliary equipment stations (I-A and III mines).
57.22225 Auxiliary equipment stations (I-C mines).
57.22226 Testing for methane (IV mines).
57.22227 Approved testing devices (I-A, I-B, I-C, II-A, II-B, III, IV, 
          V-A, and V-B mines).
57.22228 Preshift examination (I-A, I-C, II-A, III, and V-A mines).
57.22229 Weekly testing (I-A, III, and V-A mines).
57.22230 Weekly testing (II-A mines.
57.22231 Actions at 0.25 percent methane (I-B, II-B, V-B and VI mines).
57.22232 Actions at 0.5 percent methane (I-B, II-A, II-B, IV, V-B, and 
          VI mines).
57.22233 Actions at 0.5 percent methane (I-C mines).
57.22234 Actions at 1.0 percent methane (I-A, I-B, III, V-A, and V-B 
          mines).
57.22235 Actions at 1.0 percent methane (I-C, II-A, II-B, and IV mines).
57.22236 Actions at 1.0 percent methane (VI mines).
57.22237 Actions at 2.0 to 2.5 percent methane in bleeder systems (I-A 
          and III mines).
57.22238 Actions at 2.0 percent methane (I-B, II-B, V-B, and VI mines).
57.22239 Actions at 2.0 percent methane (IV mines).
57.22240 Actions at 2.0 percent methane (V-A mines).
57.22241 Advance face boreholes (I-C mines).

                                Equipment

57.22301 Atmospheric monitoring systems (I-A, II-A, and V-A mines).
57.22302 Approved equipment (I-A and V-A mines).
57.22303 Approved equipment (I-C mines).
57.22304 Approved equipment (II-A mines).
57.22305 Approved equipment (III mines).
57.22306 Methane monitors (I-A mines).
57.22307 Methane monitors (II-A mines).
57.22308 Methane monitors (III mines).
57.22309 Methane monitors (V-A mines).
57.22310 Electrical cables (I-C mines).
57.22311 Electrical cables (II-A mines).
57.22312 Distribution boxes (II-A and V-A mines).
57.22313 Explosion-protection systems (I-C mines).
57.22314 Flow-control devices (V-A and V-B mines).
57.22315 Self-contained breathing apparatus (V-A mines).

                           Underground Retorts

57.22401 Underground retorts (I-A and I-B mines).

                              Illumination

57.22501 Personal electric lamps (I-A, I-B, I-C, II-A, II-B, III, IV, V-
          A, and V-B mines).

                               Explosives

57.22601 Blasting from the surface (I-A mines).
57.22602 Blasting from the surface (I-C mines).
57.22603 Blasting from the surface (II-A mines).
57.22604 Blasting from the surface (II-B mines).
57.22605 Blasting from the surface (V-A mines).
57.22606 Explosive materials and blasting units (III mines).
57.22607 Blasting on shift (III mines).
57.22608 Secondary blasting (I-A, II-A, and V-A mines).

Appendix I to Subpart T--Standard Applicability By Category or 
          Subcategory

    Authority: 30 U.S.C. 811.

    Source: 50 FR 4082, Jan. 29, 1985, unless otherwise noted.



                            Subpart A_General



Sec. 57.1  Purpose and scope.

    This part 57 sets forth mandatory safety and health standards for 
each underground metal or nonmetal mine, including related surface 
operations, subject to the Federal Mine Safety and Health Act of 1977. 
The purpose of

[[Page 323]]

these standards is the protection of life, the promotion of health and 
safety, and the prevention of accidents.



Sec. 57.2  Definitions.

    The following definitions apply to this part. In addition 
definitions contained in any subpart of part 57 apply in that subpart. 
If inconsistent with the general definitions in this section, the 
definition in the subpart will apply in that subpart:
    Abandoned areas means areas in which work has been completed, no 
further work is planned, and travel is not permitted.
    Abandoned mine means all work has stopped on the mine premises and 
an office with a responsible person in charge is no longer maintained at 
the mine.
    Abandoned workings means deserted mine areas in which further work 
is not intended.
    Active workings means areas at, in, or around a mine or plant where 
men work or travel.
    American Table of Distances means the current edition of ``The 
American Table of Distances for Storage of Explosives'' published by the 
Institute of Makers of Explosives.
    Approved means tested and accepted for a specific purpose by a 
nationally recognized agency.
    Attended means presence of an individual or continuous monitoring to 
prevent unauthorized entry or access. In addition, areas containing 
explosive material at underground areas of a mine can be considered 
attended when all access to the underground areas of the mine is secured 
from unauthorized entry. Vertical shafts shall be considered secure. 
Inclined shafts or adits shall be considered secure when locked at the 
surface.
    Authorized person means a person approved or assigned by mine 
management to perform a specific type of duty or duties or to be at a 
specific location or locations in the mine.
    Auxilary fan means a fan used to deliver air to a working place off 
the main airstream; generally used with ventilation tubing.
    Barricaded means obstructed to prevent the passage of persons, 
vehicles, or flying materials.
    Barrier means a material object, or objects that separates, keeps 
apart, or demarcates in a conspicuous manner such as cones, a warning 
sign, or tape.
    Berm means a pile or mound of material along an elevated roadway 
capable of moderating or limiting the force of a vehicle in order to 
impede the vehicle's passage over the bank of the roadway.
    Blast area means the area in which concussion (shock wave), flying 
material, or gases from an explosion may cause injury to persons. In 
determining the blast area, the following factors, shall be considered:
    (1) Geology or material to be blasted.
    (2) Blast pattern.
    (3) Burden, depth, diameter, and angle of the holes.
    (4) Blasting experience of the mine.
    (5) Delay system, powder factor, and pounds per delay.
    (6) Type and amount of explosive material.
    (7) Type and amount of stemming.
    Blast site means the area where explosive material is handled during 
loading, including the perimeter formed by the loaded blastholes and 50 
feet (15.2 meters) in all directions from loaded holes. A minimum 
distance of 30 feet (9.1 meters) may replace the 50-foot (15.2-meter) 
requirement if the perimeter of loaded holes is demarcated with a 
barrier. The 50-foot (15.2-meter) and alternative 30-foot (9.1-meter) 
requirements also apply in all directions along the full depth of the 
hole. In underground mines, at least 15 feet (4.6 meters) of solid rib, 
pillar, or broken rock can be substituted for the 50-foot (15.2-meter) 
distance. In underground mines utilizing a block-caving system or 
similar system, at least 6 feet (1.8 meters) of solid rib or pillar, 
including concrete reinforcement of at least 10 inches (254 
millimeters), with overall dimensions of not less than 6 feet (1.8 
meters) may be substituted for the 50-foot (15.2-meter) distance 
requirement.
    Blasting agent means any substance classified as a blasting agent by 
the Department of Transportation in 49 CFR 173.114(a) (44 FR 31182, May 
31, 1979) which is incorporated by reference. This document is available 
for inspection at each Metal and Nonmetal Mine Safety and Health 
District Office

[[Page 324]]

of the Mine Safety and Health Administration, and may be obtained from 
the U.S. Government Printing Office, Washington, DC 20402.
    Blasting area means the area near blasting operations in which 
concussion or flying material can reasonably be expected to cause 
injury.
    Blasting cap means a detonator which is initiated by a safety fuse.
    Blasting circuit means the electrical circuit used to fire one or 
more electric blasting caps.
    Blasting switch means a switch used to connect a power source to a 
blasting circuit.
    Blowout means a sudden, violent, release of gas or liquid due to the 
reservoir pressure in a petroleum mine.
    Booster means any unit of explosive or blasting agent used for the 
purpose of perpetuating or intensifying an initial detonation.
    Booster fan means a fan installed in the main airstream or a split 
of the main airstream to increase airflow through a section or sections 
of a mine.
    Capped fuse means a length of safety fuse to which a blasting cap 
has been attached.
    Capped primer means a package or cartridge of explosives which is 
specifically designed to transmit detonation to other explosives and 
which contains a detonator.
    Circuit breaker means a device designed to open and close a circuit 
by nonautomatic means and to open the circuit automatically on a 
predetermined overcurrent setting without injury to itself when properly 
applied within its rating.
    Combustible means capable of being ignited and consumed by fire.
    Combustible material means a material that, in the form in which it 
is used and under the conditions anticipated, will ignite, burn, support 
combustion or release flammable vapors when subjected to fire or heat. 
Wood, paper, rubber, and plastics are examples of combustible materials.
    Company official means a member of the company supervisory or 
technical staff.
    Competent person means a person having abilities and experience that 
fully qualify him to perform the duty to which he is assigned.
    Conductor means a material, usually in the form of a wire, cable, or 
bus bar, capable of carrying an electric current.
    Delay connector means a nonelectric short interval delay device for 
use in delaying blasts which are initiated by detonating cord.
    Detonating cord means a flexible cord containing a solid core of 
high explosives.
    Detonator means any device containing a detonating charge that is 
used to initiate an explosive and includes but is not limited to 
blasting caps, electric blasting caps and non-electric instantaneous or 
delay blasting caps.
    Distribution box means a portable apparatus with an enclosure 
through which an electric circuit is carried to one or more cables from 
a single incoming feed line; each cable circuit being connected through 
individual overcurrent protective devices.
    Electric blasting cap means a detonator designed for and capable of 
being initiated by means of an electric current.
    Electrical grounding means to connect with the ground to make the 
earth part of the circuit.
    Employee means a person who works for wages or salary in the service 
of an employer.
    Employer means a person or organization which hires one or more 
persons to work for wages or salary.
    Emulsion means an explosive material containing substantial amounts 
of oxidizers dissolved in water droplets, surrounded by an immiscible 
fuel.
    Escapeway means a passageway by which persons may leave a mine.
    Explosive means any substance classified as an explosive by the 
Department of Transportation in 49 CFR 173.53, 173.88 and 173.100 which 
are incorporated by reference. Title 49 CFR is available for inspection 
at each Metal and Nonmetal Mine Safety and Health District Office of the 
Mine Safety and Health Administration, and may be obtained from the U.S. 
Government Printing Office, Washington, DC 20402.
    Face or bank means that part of any mine where excavating is 
progressing or was last done.
    Fire resistance rating means the time, in minutes or hours, that an 
assembly

[[Page 325]]

of materials will retain its protective characteristics or structural 
integrity upon exposure to fire.
    Flame spread rating means the numerical designation that indicates 
the extent flame will spread over the surface of a material during a 
specified period of time.
    Flammable means capable of being easily ignited and of burning 
rapidly.
    Flammable gas means a gas that will burn in the normal 
concentrations of oxygen in the air.
    Flammable liquid a liquid that has a flash point below 100 [deg]F 
(37.8 [deg]C), a vapor pressure not exceeding 40 pounds per square inch 
(absolute) at 100 [deg]F (37.8 [deg]C), and is known as a Class I 
liquid.
    Flash point means the minimum temperature at which sufficient vapor 
is released by a liquid or solid to form a flammable vapor-air mixture 
at atmospheric pressure.
    Geological area means an area characterized by the presence of the 
same ore bodies, the same stratigraphic sequence of beds, or the same 
ore-bearing geological formation.
    Highway means any public street, public alley or public road.
    High potential means more than 650 volts.
    Hoist means a power driven windlass or drum used for raising ore, 
rock, or other material from a mine, and for lowering or raising persons 
and material.
    Igniter cord means a fuse, cordlike in appearance, which burns 
progressively along its length with an external flame at the zone of 
burning, and is used for lighting a series of safety fuses in the 
desired sequence.
    Insulated means separated from other conducting surfaces by a 
dielectric substance permanently offering a high resistance to the 
passage of current and to disruptive discharge through the substance. 
When any substance is said to be insulated, it is understood to be 
insulated in a manner suitable for the conditions to which it is 
subjected. Otherwise, it is, within the purpose of this definition, 
uninsulated. Insulating covering is one means for making the conductor 
insulated.
    Insulation means a dielectric substance offering a high resistance 
to the passage of current and to a disruptive discharge through the 
substance.
    Laminated partition a partition composed of the following material 
and minimum nominal dimensions: \1/2\-inch-thick plywood, \1/2\-inch-
thick gypsum wallboard, \1/8\-inch-thick low carbon steel, and \1/4\-
inch-thick plywood, bonded together in that order (IME-22 Box). A 
laminated partition also includes alternative construction materials 
described in the Institute of Makers of Explosives (IME) Safety Library 
Publication No. 22, ``Recommendations for the Safe Transportation of 
Detonators in a Vehicle with other Explosive Materials,'' (May 1993), 
and the ``Generic Loading Guide for the IME-22 Container,'' (October 
1993). This incorporation by reference has been approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies are available at MSHA, 1100 Wilson Blvd., Room 2436, 
Arlington, Virginia 22209-3939, and at all Metal and Nonmetal Mine 
Safety and Health district offices, or available for inspection at the 
Office of the Federal Register, 800 North Capitol Street, NW., 7th 
Floor, suite 700, Washington, DC.
    Lay means the distance parallel to the axis of the rope in which a 
strand makes one complete turn about the axis of the rope.
    Loading means placing explosive material either in a blasthole or 
against the material to be blasted.
    Low potential means 650 volts or less.
    Magazine means a facility for the storage of explosives, blasting 
agents, or detonators.
    Main fan means a fan that controls the entire airflow of the mine, 
or the airflow of one of the major air circuits.
    Major electrical installation means an assemblage of stationary 
electrical equipment for the generation, transmission, distribution, or 
conversion of electrical power.
    Mantrip means a trip on which persons are transported to and from a 
work area.
    Mill includes any ore mill, sampling works, concentrator, and any 
crushing, grinding, or screening plant used at, and in connection with, 
an excavation or mine.

[[Page 326]]

    Mine atmosphere means any point at least 12 inches away from the 
back, face, rib, and floor in any mine; and additionally, in a Category 
IV mine, at least 3 feet laterally away from the collar of a borehole 
which releases gas into a mine.
    Mine opening means any opening or entrance from the surface into a 
mine.
    Misfire means the complete or partial failure of a blasting charge 
to explode as planned.
    Mobile equipment means wheeled, skid-mounted, track-mounted, or 
rail-mounted equipment capable of moving or being moved.
    Multipurpose dry-chemical fire extinguisher means an extinguisher 
having a rating of at least 2-A:10-B:C and containing a nominal 4.5 
pounds or more of dry-chemical agent.
    Noncombustible material means a material that, in the form in which 
it is used and under the conditions anticipated, will not ignite, burn, 
support combustion, or release flammable vapors when subjected to fire 
or heat. Concrete, masonry block, brick, and steel are examples of 
noncombustible materials.
    Non-electric delay blasting cap means a detonator with an integral 
delay element and capable of being initiated by miniaturized detonating 
cord.
    Outburst means the sudden, violent release of solids and high-
pressure occluded gases, including methane in a domal salt mine.
    Overburden means material of any nature, consolidated or 
unconsolidated, that overlies a deposit of useful materials or ores that 
are to be mined.
    Overload means that current which will cause an excessive or 
dangerous temperature in the conductor or conductor insulation.
    Permissible means a machine, material, apparatus, or device which 
has been investigated, tested, and approved by the Bureau of Mines or 
the Mine Safety and Health Administration, and is maintained in 
permissible condition.
    Potable water means water which shall meet the applicable minimum 
health requirements for drinking water established by the State or 
community in which the mine is located or by the Environmental 
Protection Agency in 40 CFR part 141, pages 169-182 revised as of July 
1, 1977. Where no such requirements are applicable, the drinking water 
provided shall conform with the Public Health Service Drinking Water 
Standards, 42 CFR part 72, subpart J, pages 527-533, revised as of 
October 1, 1976. Publications to which references are made in this 
definition are hereby made a part hereof. These incorporated 
publications are available for inspection at each Metal and Nonmetal 
Mine Safety and Health District Office of the Mine Safety and Health 
Administration.
    Powder chest means a substantial, nonconductive portable container 
equipped with a lid and used at blasting sites for explosives other than 
blasting agents.
    Primer means a unit, package, or cartridge of explosives used to 
initiate other explosives or blasting agents, and which contains a 
detonator.
    Reverse-current protection means a method or device used on direct-
current circuits or equipment to prevent the flow of current in a 
reverse direction.
    Rock burst means a sudden and violent failure of overstressed rock 
resulting in the instantaneous release of large amounts of accumulated 
energy. Rock burst does not include a burst resulting from pressurized 
mine gases.
    Rock fixture means any tensioned or nontensioned device or material 
inserted into the ground to strengthen or support the ground.
    Roll protection means a framework, safety canopy or similar 
protection for the operator when equipment overturns.
    Safety can means an approved container, of not over 5 gallons 
capacity, having a spring-closing lid and spout cover.
    Safety fuse means a flexible cord containing an internal burning 
medium by which fire is conveyed at a continuous and uniform rate for 
the purpose of firing blasting caps or a black powder charge.
    Safety switch means a sectionalizing switch that also provides shunt 
protection in blasting circuits between the blasting switch and the shot 
area.
    Scaling means removal of insecure material from a face or highwall.

[[Page 327]]

    Secondary safety connection means a second connection between a 
conveyance and rope, intended to prevent the conveyance from running 
away or falling in the event the primary connection fails.
    Shaft means a vertical or inclined shaft, a slope, incline, or 
winze.
    Short circuit means an abnormal connection of relatively low 
resistance, whether made accidentally or intentionally, between two 
points of difference potential in a circuit.
    Slurry (as applied to blasting). See ``Water gel.''
    Storage facility means the entire class of structures used to store 
explosive materials. A ``storage facility'' used to store blasting 
agents corresponds to a BATF Type 4 or 5 storage facility.
    Storage tank means a container exceeding 60 gallons in capacity used 
for the storage of flammable or combustible liquids.
    Stray current means that portion of a total electric current that 
flows through paths other than the intended circuit.
    Substantial construction means construction of such strength, 
material, and workmanship that the object will withstand all reasonable 
shock, wear, and usage to which it will be subjected.
    Suitable means that which fits, and has the qualities or 
qualifications to meet a given purpose, occasion, condition, function, 
or circumstance.
    Travelway means a passage, walk or way regularly used and designated 
for persons to go from one place to another.
    Water gel or Slurry (as applied to blasting) means an explosive or 
blasting agent containing substantial portions of water.
    Wet drilling means the continuous application of water through the 
central hole of hollow drill steel to the bottom of the drill hole.
    Working level (WL) means any combination of the short-lived radon 
daughters in one liter of air that will result in ultimate emission of 
1.3x10\5\ MeV (million electron volts) of potential alpha energy, and 
exposure to these radon daughters over a period of time is expressed in 
terms of ``working level months'' (WLM). Inhalation of air containing a 
radon daughter concentration of 1 WL for 173 hours results in an 
exposure of 1 WLM.''
    Working place means any place in or about a mine where work is being 
performed.

[69 FR 38840, June 29, 2004]

                               Procedures



Sec. 57.1000  Notification of commencement of operations and closing of mines.

    The owner, operator, or person in charge of any metal and nonmetal 
mine shall notify the nearest Mine Safety and Health Administration 
Metal and Nonmental Mine Safety and Health District Office before 
starting operations, of the approximate or actual date mine operation 
will commence. The notification shall include the mine name, location, 
the company name, mailing address, person in charge, and whether 
operations will be continuous or intermittent. When any mine is closed, 
the person in charge shall notify the nearest subdistrict office as 
provided above and indicate whether the closure is temporary or 
permanent.

[51 FR 36198, Oct. 8, 1986, as amended at 60 FR 33723, June 29, 1995; 60 
FR 35695, July 11, 1995]



                        Subpart B_Ground Control

    Authority: 30 U.S.C. 811.

    Source: 51 FR 36198, Oct. 8, 1986, unless otherwise noted.



Sec. 57.3000  Definitions.

    The following definitions apply in this subpart.
    Travelway. A passage, walk, or haulageway regularly used or 
designated for persons to go from one place to another.

[51 FR 36198, Oct. 8, 1986, as amended at 69 FR 38842, June 29, 2004]

              Scaling and Support--Surface and Underground



Sec. 57.3200  Correction of hazardous conditions.

    Ground conditions that create a hazard to persons shall be taken 
down or supported before other work or travel is permitted in the 
affected area. Until

[[Page 328]]

corrective work is completed, the area shall be posted with a warning 
against entry and, when left unattended, a barrier shall be installed to 
impede unauthorized entry.



Sec. 57.3201  Location for performing scaling.

    Scaling shall be performed from a location which will not expose 
persons to injury from falling material, or other protection from 
falling material shall be provided.



Sec. 57.3202  Scaling tools.

    Where manual scaling is performed, a scaling bar shall be provided. 
This bar shall be of a length and design that will allow the removal of 
loose material without exposing the person performing the work to 
injury.



Sec. 57.3203  Rock fixtures.

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

[51 FR 36198, Oct. 8, 1986, as amended at 51 FR 36804, Oct. 16, 1986; 63 
FR 20030, Apr. 22, 1998]

                  Scaling and Support--Underground Only



Sec. 57.3360  Ground support use.

    Ground support shall be used where ground conditions, or mining 
experience in similar ground conditions in the mine, indicate that it is 
necessary. When ground support is necessary, the support system shall be 
designed, installed, and maintained to control the ground in places 
where persons work or travel in performing their assigned

[[Page 329]]

tasks. Damaged, loosened, or dislodged timber use for ground support 
which creates a hazard to persons shall be repaired or replaced prior to 
any work or travel in the affected area.

                  Precautions--Surface and Underground



Sec. 57.3400  Secondary breakage.

    Prior to secondary breakage operations, the material to be broken, 
other than hanging material, shall be positioned or blocked to prevent 
movement which would endanger persons in the work area. Secondary 
breakage shall be performed from a location which would not expose 
persons to danger.



Sec. 57.3401  Examination of ground conditions.

    Persons experienced in examining and testing for loose ground shall 
be designated by the mine operator. Appropriate supervisors or other 
designated persons shall examine and, where applicable, test ground 
conditions in areas where work is to be performed, prior to work 
commencing, after blasting, and as ground conditions warrant during the 
work shift. Underground haulageways and travelways and surface area 
highwalls and banks adjoining travelways shall be examined weekly or 
more often if changing ground conditions warrant.

                        Precautions--Surface Only



Sec. 57.3430  Activity between machinery or equipment and the highwall or bank.

    Persons shall not work or travel between machinery or equipment and 
the highwall or bank where the machinery or equipment may hinder escape 
from falls or slides of the highwall or bank. Travel is permitted when 
necessary for persons to dismount.

                      Precautions--Underground Only



Sec. 57.3460  Maintenance between machinery or equipment and ribs.

    Persons shall not perform maintenance work between machinery or 
equipment and ribs unless the area has been tested and, when necessary, 
secured.



Sec. 57.3461  Rock bursts.

    (a) Operators of mines which have experienced a rock burst shall--
    (1) Within twenty four hours report to the nearest MSHA office each 
rock burst which:
    (i) Causes persons to be withdrawn;
    (ii) Impairs ventilation;
    (iii) Impedes passage; or
    (iv) Disrupts mining activity for more than one hour.
    (2) Develop and implement a rock burst control plan within 90 days 
after a rock burst has been experienced.
    (b) The plan shall include--
    (1) Mining and operating procedures designed to reduce the 
occurrence of rock bursts;
    (2) Monitoring procedures where detection methods are used; and
    (3) Other measures to minimize exposure of persons to areas which 
are prone to rock bursts.
    (c) The plan shall be updated as conditions warrant.
    (d) The plan shall be available to an authorized representative of 
the Secretary and to miners or their representatives.



                  Subpart C_Fire Prevention and Control

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



Sec. 57.4000  Definitions.

    The following definitions apply in this subpart.
    Combustible liquids. Liquids having a flash point at or above 100 
[deg]F (37.8 [deg]C). They are divided into the following classes:

Class II liquids--those having flash points at or above 100 [deg]F (37.8 
[deg]C) and below 140 [deg]F (60 [deg]C).
Class IIIA liquids--those having flash points at or above 140 [deg]F (60 
[deg]C) and below 200 [deg]F (93.4 [deg]C).
Class IIIB liquids--those having flash points at or above 200 [deg]F 
(93.4 [deg]C).

    Escapeway. A designated passageway by which persons can leave an 
underground mine.

[[Page 330]]

    Flash point. The minimum temperature at which sufficient vapor is 
released by a liquid to form a flammable vapor-air mixture near the 
surface of the liquid.
    Main fan. A fan that controls the entire airflow of an underground 
mine or the airflow of one of the major air circuits of the mine.
    Mine opening. Any opening or entrance from the surface into an 
underground mine.
    Safety can. A container of not over five gallons capacity that is 
designed to safely relieve internal pressure when exposed to heat and 
has a spring-closing lid and spout cover.

[50 FR 4082, Jan. 29, 1985, as amended at 68 FR 32361, May 30, 2003; 69 
FR 38842, June 29, 2004]



Sec. 57.4011  Abandoned electric circuits.

    Abandoned electric circuits shall be deenergized and isolated so 
that they cannot become energized inadvertently.



Sec. 57.4057  Underground trailing cables.

    Underground trailing cables shall be accepted or approved by MSHA as 
flame resistant.

[57 FR 61223, Dec. 23, 1992]

                  Prohibitions/Precautions/Housekeeping



Sec. 57.4100  Smoking and use of open flames.

    No person shall smoke or use an open flame where flammable or 
combustible liquids, including greases, or flammable gases are--
    (a) Used or transported in a manner that could create a fire hazard; 
or
    (b) Stored or handled.



Sec. 57.4101  Warning signs.

    Readily visible signs prohibiting smoking and open flames shall be 
posted where a fire or explosion hazard exists.



Sec. 57.4102  Spillage and leakage.

    Flammable or combustible liquid spillage or leakage shall be removed 
in a timely manner or controlled to prevent a fire hazard.



Sec. 57.4103  Fueling internal combustion engines.

    Internal combustion engines shall be switched off before refueling 
if the fuel tanks are integral parts of the equipment. This standard 
does not apply to diesel-powered equipment.



Sec. 57.4104  Combustible waste.

    (a) Waste materials, including liquids, shall not accumulate in 
quantities that could create a fire hazard.
    (b) Waste or rags containing flammable or combustible liquids that 
could create a fire hazard shall be placed in the following containers 
until disposed of properly:
    (1) Underground--covered metal containers.
    (2) On the surface--covered metal containers or equivalent 
containers with flame containment characteristics.



Sec. 57.4130  Surface electric substations and liquid storage facilities.

    The requirements of this standard apply to surface areas only.
    (a) If a hazard to persons could be created, no combustible 
materials shall be stored or allowed to accumulate within 25 feet of the 
following:
    (1) Electric substations.
    (2) Unburied, flammable or combustible liquid storage tanks.
    (3) Any group of containers used for storage of more than 60 gallons 
of flammable or combustible liquids.
    (b) The area within the 25-foot perimeter shall be kept free of dry 
vegetation.



Sec. 57.4131  Surface fan installations and mine openings.

    (a) On the surface, no more than one day's supply of combustible 
materials shall be stored within 100 feet of mine openings or within 100 
feet of fan installations used for underground ventilation.
    (b) the one-day supply shall be kept at least 25 feet away from any 
mine opening except during transit into the mine.
    (c) Dry vegetation shall not be permitted within 25 feet of mine 
openings.

[[Page 331]]



Sec. 57.4160  Underground electric substations and liquid storage facilities.

    The requirements of this standard apply to underground areas only.
    (a) Areas within 25 feet of the following shall be free of 
combustible materials:
    (1) Electric substations.
    (2) Unburied, combustible liquid storage tanks.
    (3) Any group of containers used for storage of more than 60 gallons 
of combustible liquids.
    (b) This standard does not apply to installed wiring or timber that 
is coated with at least one inch of shotcrete, one-half inch of gunite, 
or other noncombustible materials with equivalent fire protection 
characteristics.



Sec. 57.4161  Use of fire underground.

    Fires shall not be lit underground, except for open-flame torches. 
Torches shall be attended at all times while lit.

                         Firefighting Equipment



Sec. 57.4200  General requirements.

    (a) For fighting fires that could endanger persons, each mine shall 
have--
    (1) Onsite firefighting equipment for fighting fires in their early 
stages; and
    (2) Onsite firefighting equipment for fighting fires beyond their 
early stages, or the mine shall have made prior arrangements with a 
local fire department to fight such fires.
    (b) This onsite firefighting equipment shall be--
    (1) Of the type, size, and quantity that can extinguish fires of any 
class which would occur as a result of the hazards present; and
    (2) Strategically located, readily accessible, plainly marked, and 
maintained in fire-ready condition.

[50 FR 4082, Jan. 29, 1985, as amended at 50 FR 20100, May 14, 1985]



Sec. 57.4201  Inspection.

    (a) Firefighting equipment shall be inspected according to the 
following schedules:
    (1) Fire extinguishers shall be inspected visually at least once a 
month to determine that they are fully charged and operable.
    (2) At least once every twelve months, maintenance checks shall be 
made of mechanical parts, the amount and condition of extinguishing 
agent and expellant, and the condition of the hose, nozzle, and vessel 
to determine that the fire extinguishers will operate effectively.
    (3) Fire extinguishers shall be hydrostatically tested according to 
Table C-1 or a schedule based on the manufacturer's specifications to 
determine the integrity of extinguishing agent vessels.
    (4) Water pipes, valves, outlets, hydrants, and hoses that are part 
of the mine's firefighting system shall be visually inspected at least 
once every three months for damage or deterioration and use-tested at 
least once every twelve months to determine that they remain functional.
    (5) Fire suppression systems shall be inspected at least once every 
twelve months. An inspection schedule based on the manufacturer's 
specifications or the equivalent shall be established for individual 
components of a system and followed to determine that the system remains 
functional. Surface fire suppression systems are exempt from these 
inspection requirements if the systems are used solely for the 
protection of property and no persons would be affected by a fire.
    (b) At the completion of each inspection or test required by this 
standard, the person making the inspection or test shall certify that 
the inspection or test has been made and the date on which it was made. 
Certifications of hydrostatic testing shall be retained until the fire 
extinguisher is retested or permanently removed from service. Other 
certifications shall be retained for one year.

      Table C-1--Hydrostatic Test Intervals for Fire Extinguishers
------------------------------------------------------------------------
                                                                  Test
                      Extinguisher type                         interval
                                                                (years)
------------------------------------------------------------------------
Soda Acid....................................................          5
Cartridge-Operated Water and/or Antifreeze...................          5
Stored-Pressure Water and/or Antifreeze......................          5
Wetting Agent................................................          5
Foam.........................................................          5
AFFF (Aqueous Film Forming Foam).............................          5
Loaded Stream................................................          5
Dry-Chemical with Stainless Steel Shells.....................          5
Carbon Dioxide...............................................          5

[[Page 332]]

 
Dry-Chemical, Stored Pressure, with Mild Steel Shells, Brazed         12
 Brass Shells, or Aluminum Shells............................
Dry-Chemical, Cartridge or Cylinder Operated, with Mild Steel         12
 Shells......................................................
Bromotrifluoromethane-Halon 1301.............................         12
Bromochlorodifluoromethane-Halon 1211........................         12
Dry-Powder, Cartridge or Cylinder-Operated, with Mild Steel           12
 Shells \1\..................................................
------------------------------------------------------------------------
\1\ Except for stainless steel and steel used for compressed gas
  cylinders, all other steel shells are defined as ``mild steel''
  shells.



Sec. 57.4202  Fire hydrants.

    If fire hydrants are part of the mine's firefighting system, the 
hydrants shall be provided with--
    (a) Uniform fittings or readily available adapters for onsite 
firefighting equipment;
    (b) Readily available wrenches or keys to open the valves; and
    (c) Readily available adapters capable of connecting hydrant 
fittings to the hose equipment of any firefighting organization relied 
upon by the mine.



Sec. 57.4203  Extinguisher recharging or replacement.

    Fire extinguishers shall be recharged or replaced with a fully 
charged extinguisher promptly after any discharge.



Sec. 57.4230  Surface self-propelled equipment.

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



Sec. 57.4260  Underground self-propelled equipment.

    (a) Whenever self-propelled equipment is used underground, a fire 
extinguisher shall be on the equipment. This standard does not apply to 
compressed-air powered equipment without inherent fire hazards.
    (b) A fire suppression system may be used as an alternative to fire 
extinguishers if the system can be manually actuated.
    (c) Fire extinguishers or fire suppression systems shall be of a 
type and size that can extinguish fires of any class in their early 
stages which could originate from the equipment's inherent fire hazards. 
The fire extinguishers or the manual actuator for the suppression system 
shall be readily accessible to the equipment operator.



Sec. 57.4261  Shaft-station waterlines.

    Waterline outlets that are located at underground shaft stations and 
are part of the mine's fire protection system shall have at least one 
fitting located for, and capable of, immediate connection to 
firefighting equipment.



Sec. 57.4262  Underground transformer stations, combustible liquid storage 
and dispensing areas, pump rooms, compressor rooms, and hoist rooms.

    Transformer stations, storage and dispensing areas for combustible 
liquids, pump rooms, compressor rooms, and hoist rooms shall be provided 
with fire protection of a type, size, and quantity that can extinguish 
fires of any class in their early stages which could occur as a result 
of the hazards present.



Sec. 57.4263  Underground belt conveyors.

    Fire protection shall be provided at the head, tail, drive, and 
take-up pulleys of underground belt conveyors. Provisions shall be made 
for extinguishing fires along the beltline. Fire protection shall be of 
a type, size, and quantity that can extinguish fires of any class in 
their early stages which could occur as a result of the fire hazards 
present.

[[Page 333]]

                  Firefighting Procedures/Alarms/Drills



Sec. 57.4330  Surface firefighting, evacuation, and rescue procedures.

    (a) Mine operators shall establish emergency firefighting, 
evacuation, and rescue procedures for the surface portions of their 
operations. These procedures shall be coordinated in advance with 
available firefighting organizations.
    (b) Fire alarm procedures or systems shall be established to 
promptly warn every person who could be endangered by a fire.
    (c) Fire alarm systems shall be maintained in operable condition.



Sec. 57.4331  Surface firefighting drills.

    Emergency firefighting drills shall be held at least once every six 
months for persons assigned surface firefighting responsibilities by the 
mine operator.



Sec. 57.4360  Underground alarm systems.

    (a) Fire alarm systems capable of promptly warning every person 
underground, except as provided in paragraph (b), shall be provided and 
maintained in operating condition.
    (b) If persons are assigned to work areas beyond the warning 
capabilities of the system, provisions shall be made to alert them in a 
manner to provide for their safe evacuation in the event of a fire.



Sec. 57.4361  Underground evacuation drills.

    (a) At least once every six months, mine evacuation drills shall be 
held to assess the ability of all persons underground to reach the 
surface or other designated points of safety within the time limits of 
the self-rescue devices that would be used during an actual emergency.
    (b) The evacuation drills shall--
    (1) Be held for each shift at some time other than a shift change 
and involve all persons underground;
    (2) Involve activation of the fire alarm system; and
    (3) Include evacuation of all persons from their work areas to the 
surface or to designated central evacuation points.
    (c) At the completion of each drill, the mine operator shall certify 
the date and the time the evacuation began and ended. Certifications 
shall be retained for at least one year after each drill.



Sec. 57.4362  Underground rescue and firefighting operations.

    Following evacuation of a mine in a fire emergency, only persons 
wearing and trained in the use of mine rescue apparatus shall 
participate in rescue and firefighting operations in advance of the 
fresh air base.



Sec. 57.4363  Underground evacuation instruction.

    (a) At least once every twelve months, all persons who work 
underground shall be instructed in the escape and evacuation plans and 
procedures and fire warning signals in effect at the mine.
    (b) Whenever a change is made in escape and evacuation plans and 
procedures for any area of the mine, all persons affected shall be 
instructed in the new plans or procedures.
    (c) Whenever persons are assigned to work in areas other than their 
regularly assigned areas, they shall be instructed about the escapeway 
for that area at the time of such assignment. However, persons who 
normally work in more than one area of the mine shall be instructed at 
least once every twelve months about the location of escapeways for all 
areas of the mine in which they normally work or travel.
    (d) At the completion of any instruction given under this standard, 
the mine operator shall certify the date that the instruction was given. 
Certifications shall be retained for at least one year.

               Flammable and Combustible Liquids and Gases



Sec. 57.4400  Use restrictions.

    (a) Flammable liquids shall not be used for cleaning.
    (b) Solvents shall not be used near an open flame or other ignition 
source, near any source of heat, or in an atmosphere that can elevate 
the temperature of the solvent above the flash point.

[[Page 334]]



Sec. 57.4401  Storage tank foundations.

    Fixed, unburied, flammable or combustible liquid storage tanks shall 
be securely mounted on firm foundations. Piping shall be provided with 
flexible connections or other special fittings where necessary to 
prevent leaks caused by tanks settling.



Sec. 57.4402  Safety can use.

    Small quantities of flammable liquids drawn from storage shall be 
kept in safety cans labeled to indicate the contents.



Sec. 57.4430  Surface storage facilities.

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



Sec. 57.4431  Surface storage restrictions.

    (a) On the surface, no unburied flammable or combustible liquids or 
flammable gases shall be stored within 100 feet of the following:
    (1) Mine openings or structures attached to mine openings.
    (2) Fan installations for underground ventilation.
    (3) Hoist houses.
    (b) Under this standard, the following may be present in the hoist 
house in quantities necessary for the day-to-day maintenance of the 
hoist machinery:
    (1) Flammable liquids in safety cans or in other containers placed 
in tightly closed cabinets. The safety cans and cabinets shall be kept 
away from any heat source, and each cabinet shall be labeled 
``flammables.''
    (2) Combustible liquids in closed containers. The cointainers shall 
be kept away from any heat source and the hoist operator's work station.



Sec. 57.4460  Storage of flammable liquids underground.

    (a) Flammable liquids shall not be stored underground, except--
    (1) Small quantities stored in tightly closed cabinets away from any 
heat source. The small quantities shall be stored in safety cans or in 
non-glass containers of a capacity equal to or less than a safety can. 
Each cabinet shall be labeled ``flammables.''
    (2) Acetylene and liquefied petroleum gases stored in containers 
designed for that specific purpose.
    (b) Gasoline shall not be stored underground in any quantity.



Sec. 57.4461  Gasoline use restrictions underground.

    If gasoline is used underground to power internal combustion 
engines-
    (a) The mine shall be nongassy and shall have multiple horizontal or 
inclined roadways from the surface large enough to accommodate vehicular 
traffic;
    (b) All roadways and other openings shall connect with another 
opening every 100 feet by a passage large enough to accommodate any 
vehicle in the mine or alternate routes shall provide equivalent escape 
capabilities; and

[[Page 335]]

    (c) No roadway or other opening shall be supported or lined with 
wood or other combustible materials.



Sec. 57.4462  Storage of combustible liquids underground.

    The requirements of this standard apply to underground areas only.
    (a) Combustible liquids, including oil or grease, shall be stored in 
non-glass containers or storage tanks. The containers or storage tanks 
shall be--
    (1) Capable of withstanding working pressures and stresses and 
compatible with the type of liquid stored;
    (2) Maintained in a manner that prevents leakage;
    (3) Located in areas free of combustible materials or in areas where 
any exposed combustible materials are coated with one inch of shotcrete, 
one-half inch of gunite, or other noncombustible material with 
equivalent fire protection characteristics; and
    (4) Separated from explosives or blasting agents, shaft stations, 
and ignition sources including electric equipment that could create 
sufficient heat or sparks to pose a fire hazard. Separation shall be 
sufficient to prevent the occurrence or minimize the spread of fire.
    (b) Storage tanks shall be vented or otherwise constructed to 
prevent development of pressure or vacuum as a result of filling, 
emptying, or atmospheric temperature changes. Vents for storage of Class 
II or IIIA liquids shall be isolated or separated from ignition sources.
    (c) At permanent storage areas for combustible liquids, means shall 
be provided for confinement or removal of the contents of the largest 
storage tank in the event of tank rupture.
    (d) All piping, valves, and fittings shall be:
    (1) Capable of withstanding working pressures and stresses;
    (2) Compatible with the type of liquid stored; and
    (3) Maintained in a manner which prevents leakage.



Sec. 57.4463  Liquefied petroleum gas use underground.

    Use of liquefied petroleum gases underground shall be limited to 
maintenance work.

                  Installation/Construction/Maintenance



Sec. 57.4500  Heat sources.

    Heat sources capable of producing combustion shall be separated from 
combustible materials if a fire hazard could be created.



Sec. 57.4501  Fuel lines.

    Fuel lines shall be equipped with valves capable of stopping the 
flow of fuel at the source and shall be located and maintained to 
minimize fire hazards. This standard does not apply to fuel lines on 
self-propelled equipment.



Sec. 57.4502  Battery-charging stations.

    (a) Battery-charging stations shall be ventilated with a sufficient 
volume of air to prevent the accumulation of hydrogen gas.
    (b) Smoking, use of open flames, or other activities that could 
create an ignition source shall be prohibited at the battery charging 
station during battery charging.
    (c) Readily visible signs prohibiting smoking or open flames shall 
be posted at battery-charging stations during battery charging.



Sec. 57.4503  Conveyor belt slippage.

    (a) Surface belt conveyors within confined areas where evacuation 
would be restricted in the event of a fire resulting from belt-slippage 
shall be equipped with a detection system capable of automatically 
stopping the drive pulley.
    (b) Underground belt conveyors shall be equipped with a detection 
system capable of automatically stopping the drive pulley if slippage 
could cause ignition of the belt.
    (c) A person shall attend the belt at the drive pulley when it is 
necessary to operate the conveyor while temporarily bypassing the 
automatic function.



Sec. 57.4504  Fan installations.

    (a) Fan houses, fan bulkheads for main and booster fans, and air 
ducts connecting main fans to underground openings shall be constructed 
of noncombustible materials.

[[Page 336]]

    (b) Areas within 25 feet of main fans or booster fans shall be free 
of combustible materials, except installed wiring, ground and track 
support, headframes, and direct-fired heaters. Other timber shall be 
coated with one inch of shotcrete, one-half inch of gunite, or other 
noncombustible materials.



Sec. 57.4505  Fuel lines to underground areas.

    Fuel lines into underground storage or dispensing areas shall be 
drained at the completion of each transfer of fuel unless the following 
requirements are met:
    (a) The valve at the supply source shall be kept closed when fuel is 
not being transferred.
    (b) The fuel line shall be--
    (1) Capable of withstanding working pressures and stresses;
    (2) Located to prevent damage; and
    (3) Located in areas free of combustible materials or in areas where 
any exposed combustible materials are coated with one inch of shotcrete, 
one-half inch of gunite, or other noncombustible material with 
equivalent fire protection characteristics.
    (c) Provisions shall be made for control or containment of the 
entire volume of the fuel line so that leakage will not create a fire 
hazard.



Sec. 57.4530  Exits for surface buildings and structures.

    Surface buildings or structures in which persons work shall have a 
sufficient number of exits to permit prompt escape in case of fire.



Sec. 57.4531  Surface flammable or combustible liquid storage buildings 
or rooms.

    (a) Surface storage buildings or storage rooms in which flammable or 
combustible liquids, including grease, are stored and that are within 
100 feet of any person's work station shall be ventilated with a 
sufficient volume of air to prevent the accumulation of flammable 
vapors.
    (b) In addition, the buildings or rooms shall be--
    (1) Constructed to meet a fire resistance rating of at least one 
hour; or
    (2) Equipped with an automatic fire supression system; or
    (3) Equipped with an early warning fire detection device that will 
alert any person who could be endangered by a fire, provided that no 
person's work station is in the building.
    (c) Flammable or combustible liquids in use for day-to-day 
maintenance and operational activities are not considered in storage 
under this standard.



Sec. 57.4532  Blacksmith shops.

    Blacksmith shops located on the surface shall be--
    (a) At least 100 feet from fan installations used for intake air and 
mine openings;
    (b) Equipped with exhaust vents over the forge and ventilated to 
prevent the accumulation of the products of combustion; and
    (c) Inspected for smoldering fires at the end of each shift.



Sec. 57.4533  Mine opening vicinity.

    Surface buildings or other similar structures within 100 feet of 
mine openings used for intake air or within 100 feet of mine openings 
that are designated escapeways in exhaust air shall be--
    (a) Constructed of noncombustible materials; or
    (b) Constructed to meet a fire resistance rating of no less than one 
hour; or
    (c) Provided with an automatic fire suppression system; or
    (d) Covered on all combustible interior and exterior structural 
surfaces with noncombustible material or limited combustible material, 
such as five-eighth inch, type ``X'' gypsum wallboard.



Sec. 57.4560  Mine entrances.

    For at least 200 feet inside the mine portal or collar timber used 
for ground support in intake openings and in exhaust openings that are 
designated as escapeways shall be--
    (a) Provided with a fire suppression system, other than fire 
extinguishers and water hoses, capable of controlling a fire in its 
early stages; or
    (b) Covered with shotcrete, gunite, or other material with 
equivalent fire protection characteristics; or
    (c) Coated with fire-retardant paint or other material to reduce its 
flame

[[Page 337]]

spread rating to 25 or less and maintained in that condition.

[50 FR 4082, Jan. 29, 1985, as amended at 50 FR 20100, May 14, 1985]



Sec. 57.4561  Stationary diesel equipment underground.

    Stationary diesel equipment underground shall be--
    (a) Supported on a noncombustible base; and
    (b) Provided with a thermal sensor that automatically stops the 
engine if overheating occurs.

                    Welding/Cutting/Compressed Gases



Sec. 57.4600  Extinguishing equipment.

    (a) When welding, cutting, soldering, thawing, or bending--
    (1) With an electric arc or with an open flame where an electrically 
conductive extinguishing agent could create an electrical hazard, a 
multipurpose dry-chemical fire extinguisher or other extinguisher with 
at least a 2-A:10-B:C rating shall be at the worksite.
    (2) With an open flame in an area where no electrical hazard exists, 
a multipurpose dry-chemical fire extinguisher or equivalent fire 
extinguishing equipment for the class of fire hazard present shall be at 
the worksite.
    (b) Use of halogenated fire extinguishing agents to meet the 
requirements of this standard shall be limited to Halon 1211 
(CBrClF2) and Halon 1301 (CBrF3). When these 
agents are used in confined or unventilated areas, precautions based on 
the manufacturer's use instructions shall be taken so that the gases 
produced by thermal decomposition of the agents are not inhaled.



Sec. 57.4601  Oxygen cylinder storage.

    Oxygen cylinders shall not be stored in rooms or areas used or 
designated for storage of flammable or combustible liquids, including 
grease.



Sec. 57.4602  Gauges and regulators.

    Gauges and regulators used with oxygen or acetylene cylinders shall 
be kept clean and free of oil and grease.



Sec. 57.4603  Closure of valves.

    To prevent accidental release of gases from hoses and torches 
attached to oxygen and acetylene cylinders or to manifold systems, 
cylinder or manifold system valves shall be closed when--
    (a) The cylinders are moved;
    (b) The torch and hoses are left unattended; or
    (c) The task or series of tasks is completed.



Sec. 57.4604  Preparation of pipelines or containers.

    Before welding, cutting, or applying heat with an open flame to 
pipelines or containers that have contained flammable or combustible 
liquids, flammable gases, or explosive solids, the pipelines or 
containers shall be--
    (a) Drained, ventilated, and thoroughly cleaned of any residue;
    (b) Vented to prevent pressure build-up during the application of 
heat; and
    (c)(1) Filled with an inert gas or water, where compatible; or
    (2) Determined to be free of flammable gases by a flammable gas 
detection device prior to and at frequent intervals during the 
application of heat.



Sec. 57.4660  Work in shafts, raises, or winzes and other activities 
involving hazard areas.

    During performance of an activity underground described in Table C-2 
or when falling sparks or hot metal from work performed in a shaft, 
raise, or winze could pose a fire hazard--
    (a) A multipurpose dry-chemical fire extinguisher shall be at the 
worksite to supplement the fire extinguishing equipment required by 
Sec. 57.4600; and
    (b) At least one of the following actions shall be taken:
    (1) Wet down the area before and after the operation, taking 
precaution against any hazard of electrical shock.
    (2) Isolate any combustible material with noncombustible material.
    (3) Shield the activity so that hot metal and sparks cannot cause a 
fire.
    (4) Provide a second person to watch for and extinguish any fire.

[[Page 338]]



                                Table C-2
------------------------------------------------------------------------
            Activity                   Distance           Fire hazard
------------------------------------------------------------------------
Welding or cutting with an                            More than 1 gallon
 electric arc or open flame                            of combustible
                                                       liquid, unless in
                                                       a closed, metal
                                                       container.
Using an open flame to bend or    Within 35 feet of-- More than 50
 heat materials                                        pounds of non-
                                                       fire-retardant
                                                       wood.
Thawing pipes electrically,                           More than 10
 except with heat tape                                 pounds of
                                                       combustible
                                                       plastics.
-----------------------------------------------------
Soldering or thawing with an      Within 10 feet of-- Materials in a
 open flame                                            shaft, raise, or
                                                       winze that could
                                                       be ignited by hot
                                                       metal or sparks.
------------------------------------------------------------------------

    (5) Cover or bulkhead the opening immediately below and adjacent to 
the activity with noncombustible material to prevent sparks or hot metal 
from falling down the shaft, raise, or winze. This alternative applies 
only to activities involving a shaft, raise, or winze.
    (c) The affected area shall be inspected during the first hour after 
the operation is completed. Additional inspections shall be made or 
other fire prevention measures shall be taken if a fire hazard continues 
to exist.

                      Ventilation Control Measures



Sec. 57.4760  Shaft mines.

    (a) Shaft mines shall be provided with at least one of the following 
means to control the spread of fire, smoke, and toxic gases underground 
in the event of a fire: control doors, reversal of mechanical 
ventilaton, or effective evacuation procedures. Under this standard, 
``shaft mine'' means a mine in which any designated escapeway includes a 
mechanical hoisting device or a ladder ascent.
    (1) Control doors. If used as an alternative, control doors shall 
be--
    (i) Installed at or near shaft stations of intake shafts and any 
shaft designated as an escapeway under Sec. 57.11053 or at other 
locations that provide equivalent protection;
    (ii) Constructed and maintained according to Table C-3;
    (iii) Provided with a means of remote closure at landings of 
timbered intake shafts unless a person specifically designated to close 
each door in the event of a fire can reach the door within three 
minutes;
    (iv) Closed or opened only according to predetermined conditions and 
procedures;
    (v) Constructed so that once closed they will not reopen as a result 
of a differential in air pressure;
    (vi) Constructed so that they can be opened from either side by one 
person, or be provided with a personnel door that can be opened from 
either side; and
    (vii) Clear of obstructions.
    (2) Mechanical ventilation reversal. If used as an alternative, 
reversal of mechanical ventilation shall--
    (i) Provide at all times at least the same degree of protection to 
persons underground as would be afforded by the installation of control 
doors;
    (ii) Be accomplished by a main fan. If the main fan is located 
underground--
    (A) The cable or conductors supplying power to the fan shall be 
routed through areas free of fire hazards; or
    (B) The main fan shall be equipped with a second, independent power 
cable or set of conductors from the surface. The power cable or 
conductors shall be located so that an underground fire disrupting power 
in one cable or set of conductors will not affect the other; or
    (C) A second fan capable of accomplishing ventilation reversal shall 
be available for use in the event of failure of the main fan;
    (iii) Provide rapid air reversal that allows persons underground 
time to exit in fresh air by the second escapeway or find a place of 
refuge; and
    (iv) Be done according to predetermined conditions and procedures.
    (3) Evacuation. If used as an alternative, effective evacuation 
shall be demonstrated by actual evacuation of

[[Page 339]]

all persons underground to the surface in ten minutes or less through 
routes that will not expose persons to heat, smoke, or toxic fumes in 
the event of a fire.
    (b) If the destruction of any bulkhead on an inactive level would 
allow fire contaminants to reach an escapeway, that bulkhead shall be 
constructed and maintained to provide at least the same protection as 
required for control doors under Table C-3.

                  Table C-3--Control Door Construction
------------------------------------------------------------------------
             Location                   Minimum required construction
------------------------------------------------------------------------
At least 50 feet from: timbered     Control door that meets the
 areas, exposed combustible rock,    requirements for a ventilation door
 and any other combustible           in conformance with 30 CFR 57.8531.
 material \1\
-----------------------------------
Within 50 feet but no closer than   Control door that serves as a
 20 feet of: timbered areas,         barrier to the effects of fire and
 exposed combustible rock, or        air leakage. The control door shall
 other combustible material \1\      provide protection at least
Within 20 feet of: any timbered      equivalent to a door constructed of
 areas or combustible rock,          no less than one-quarter inch of
 provided that the timber and        plate steel with channel or angle-
 combustible rock within the 20      iron reinforcement to minimize
 foot distance are coated with one   warpage. The framework assembly of
 inch of shotcrete, one-half inch    the door and the surrounding
 of gunite, or other material with   bulkhead, if any, shall be at least
 equivalent fire protection          equivalent to the door in fire and
 characteristics and no other        air-leakage resistance, and in
 combustible material \1\ is         physical strength.
 within that distance.
-----------------------------------
Within 20 feet of: timbered areas,  Control door that serves as a
 exposed combustible rock, or        barrier to fire, the effects of
 other combustible material \1\      fire, and air-leakage. The door
                                     shall provide protection at least
                                     equivalent to a door constructed of
                                     two layers of wood, each a minimum
                                     of three-quarters of an inch in
                                     thickness. The wood grain of one
                                     layer shall be perpendicular to the
                                     wood grain of the other layer. The
                                     wood construction shall be covered
                                     on all sides and edges with no less
                                     than twenty-four gauge sheet steel.
                                     The framework assembly of the door
                                     and the surrounding bulkhead, if
                                     any, shall be at least equivalent
                                     to the door in fire and air-leakage
                                     resistance, and in physical
                                     strength. Roll-down steel doors
                                     with a fire-resistance rating of
                                     1\1/2\ hours or greater, but
                                     without an insulation core, are
                                     acceptable if an automatic
                                     sprinkler or deluge system is
                                     installed that provides even
                                     coverage of the door on both sides.
------------------------------------------------------------------------
\1\ In this table, ``combustible material'' does not refer to installed
  wiring or track support.


[50 FR 4082, Jan. 29, 1985; 50 FR 20100, May 14, 1985]



Sec. 57.4761  Underground shops.

    To confine or prevent the spread of toxic gases from a fire 
originating in an underground shop where maintenance work is routinely 
done on mobile equipment, one of the following measures shall be taken: 
use of control doors or bulkheads, routing of the mine shop air directly 
to an exhaust system, reversal of mechanical ventilation, or use of an 
automatic fire suppression system in conjunction with an alternate 
escape route. The alternative used shall at all times provide at least 
the same degree of safety as control doors or bulkheads.
    (a) Control doors or bulkheads. If used as an alternative, control 
doors or bulkheads shall meet the following requirements:
    (1) Each control door or bulkhead shall be constructed to serve as a 
barrier to fire, the effects of fire, and air leakage at each opening to 
the shop.
    (2) Each control door shall be--
    (i) Constructed so that, once closed, it will not reopen as a result 
of a differential in air pressure;
    (ii) Constructed so that it can be opened from either side by one 
person or be provided with a personnel door that can be opened from 
either side;
    (iii) Clear of obstructions; and
    (iv) Provided with a means of remote or automatic closure unless a 
person specifically designated to close the door in the event of a fire 
can reach the door within three minutes.
    (3) If located 20 feet or more from exposed timber or other 
combustible material, the control doors or bulkheads shall provide 
protection at least equivalent to a door constructed of no less than 
one-quarter inch of plate steel

[[Page 340]]

with channel or angle-iron reinforcement to minimize warpage. The 
framework assembly of the door and the surrounding bulkhead, if any, 
shall be at least equivalent to the door in fire and air-leakage 
resistance, and in physical strength.
    (4) If located less than 20 feet from exposed timber or other 
combustibles, the control door or bulkhead shall provide protection at 
least equivalent to a door constructed of two layers of wood, each a 
minimum of three-quarters of an inch in thickness. The wood-grain of one 
layer shall be perpendicular to the wood-grain of the other layer. The 
wood construction shall be covered on all sides and edges with no less 
than 24-gauge sheet steel. The framework assembly of the door and the 
surrounding bulkhead, if any, shall be at least equivalent to the door 
in fire and air-leakage resistance, and in physical strength. Roll-down 
steel doors with a fire-resistance rating of 1\1/2\ hours or greater, 
but without an insulation core, are acceptable provided that an 
automatic sprinkler or deluge system is installed that provides even 
coverage of the door on both sides.
    (b) Routing air to exhaust system. If used as an alternative, 
routing the mine shop exhaust air directly to an exhaust system shall be 
done so that no person would be exposed to toxic gases in the event of a 
shop fire.
    (c) Mechanical ventilation reversal. If used as an alternative, 
reversal of mechanical ventilation shall--
    (1) Be accomplished by a main fan. If the main fan is located 
underground:
    (i) The cable or conductors supplying power to the fan shall be 
routed through areas free of fire hazards; or
    (ii) The main fan shall be equipped with a second, independent power 
cable or set of conductors from the surface. The power cable or 
conductors shall be located so that an underground fire disrupting power 
in one cable or set of conductors will not affect the other; or
    (iii) A second fan capable of accomplishing ventilation reversal 
shall be available for use in the event of failure of the main fan;
    (2) Provide rapid air reversal that allows persons underground time 
to exit in fresh air by the second escapeway or find a place of refuge; 
and
    (3) Be done according to predetermined conditions and procedures.
    (d) Automatic fire suppression system and escape route. If used as 
an alternative, the automatic fire suppression system and alternate 
escape route shall meet the following requirements:
    (1) The suppression system shall be--
    (i) Located in the shop area;
    (ii) The appropriate size and type for the particular fire hazards 
involved; and
    (iii) Inspected at weekly intervals and properly maintained.
    (2) The escape route shall bypasss the shop area so that the route 
will not be affected by a fire in the shop area.

    Appendix I to Subpart C of Part 57--National Consensus Standards

    Mine operators seeking further information in the area of fire 
prevention and control may consult the following national consensus 
standards.

------------------------------------------------------------------------
           MSHA standard                 National consensus standard
------------------------------------------------------------------------
Sec. Sec. 57.4200, 57.4201,      NFPA No. 10--Portable Fire
 57.4261, and 57.4262.               Extinguisher.
                                    NFPA No. 11--Low Expansion Foam and
                                     Combined Agent Systems.
                                    NFPA No. 11A--High Expansion Foam
                                     Systems.
                                    NFPA No. 12--Carbon Dioxide
                                     Extinguishing Systems.
                                    NFPA No. 12A--Halon 1301
                                     Extinguishing Systems.
                                    NFPA No. 13--Water Sprinkler
                                     Systems.
                                    NFPA No. 14--Standpipe and Hose
                                     Systems.
                                    NFPA No. 15--Water Spray Fixed
                                     Systems.
                                    NFPA No. 16--Foam Water Spray
                                     Systems.
                                    NFPA No. 17--Dry-Chemical
                                     Extinguishing Systems.
                                    NFPA No. 121--Mobile Surface Mining
                                     Equipment.
                                    NFPA No. 291--Testing and Marking
                                     Hydrants.
                                    NFPA No. 1962--Care, Use, and
                                     Maintenance of Fire Hose,
                                     Connections, and Nozzles.
Sec. 57.4202....................  NFPA No. 14--Standpipe and Hose
                                     Systems.
                                    NFPA No. 291--Testing and Marking
                                     Hydrants.
Sec. 57.4203....................  NFPA No. 10--Portable Fire
                                     Extinguishers.
Sec. 57.4230....................  NFPA No. 10--Portable Fire
                                     Extinguishers.
                                    NFPA No. 121--Mobile Surface Mining
                                     Equipment.
Sec. 57.4260....................  NFPA No. 10--Portable Fire
                                     Extinguishers.
Sec. 57.4261....................  NFPA No. 14--Standpipe and Hose
                                     Systems.
Sec. 57.4533....................  NFPA Fire Protection Handbook.
Sec. 57.4560....................  ASTM E-162--Surface Flammability of
                                     Materials Using a Radiant Heat
                                     Energy Source.
------------------------------------------------------------------------


[[Page 341]]



     Subpart D_Air Quality, Radiation, Physical Agents, and Diesel 
                           Particulate Matter

                  Air Quality--Surface and Underground



Sec. 57.5001  Exposure limits for airborne contaminants.

    Except as permitted by Sec. 57.5005--
    (a) Except as provided in paragraph (b), the exposure to airborne 
contaminants shall not exceed, on the basis of a time weighted average, 
the threshold limit values adopted by the American Conference of 
Governmental Industrial Hygienists, as set forth and explained in the 
1973 edition of the Conference's publication, entitled ``TLV's Threshold 
Limit Values for Chemical Substances in Workroom Air Adopted by ACGIH 
for 1973,'' pages 1 through 54, which are hereby incorporated by 
reference and made a part hereof. This publication may be obtained from 
the American Conference of Governmental Industrial Hygienists by writing 
to the Secretary-Treasurer, P.O. Box 1937, Cincinnati, Ohio 45201, or 
may be examined in any Metal and Nonmetal Mine Safety and Health 
District Office of the Mine Safety and Health Administration. Excursions 
above the listed thresholds shall not be of a greater magnitude than is 
characterized as permissible by the Conference.
    (b) The 8-hour time-weighted average airborne concentration of 
asbestos dust to which employees are exposed shall not exceed 2 fibers 
per milliliter greater than 5 microns in length, as determined by the 
membrane filter method at 400-450 magnification (4 millimeter objective) 
phase contrast illumination. No employees shall be exposed at any time 
to airborne concentrations of asbestos fibers in excess of 10 fibers 
longer than 5 micrometers, per milliliter of air, as determined by the 
membrane filter methods over a minimum sampling time of 15 minutes. 
``Asbestos'' is a generic term for a number of hydrated silicates that, 
when crushed or processed, separate into flexible fibers made up of 
fibrils. Although there are many asbestos minerals, the term 
``asbestos'' as used herein is limited to the following minerals: 
chrysotile, amosite, crocidolite, anthophylite asbestos, tremolite 
asbestos, and actinolite asbestos.
    (c) Employees shall be withdrawn from areas where there is present 
an airborne contaminant given a ``C'' designation by the Conference and 
the concentration exceeds the threshold limit value listed for that 
contaminant.

[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 35695, July 11, 1995]



Sec. 57.5002  Exposure monitoring.

    Dust, gas, mist, and fume surveys shall be conducted as frequently 
as necessary to determine the adequacy of control measures.



Sec. 57.5005  Control of exposure to airborne contaminants.

    Control of employee exposure to harmful airborne contaminants shall 
be, insofar as feasible, by prevention of contamination, removal by 
exhaust ventilation, or by dilution with uncontaminated air. However, 
where accepted engineering control measures have not been developed or 
when necessary by the nature of work involved (for example, while 
establishing controls or occasional entry into hazardous atmospheres to 
perform maintenance or investigation), employees may work for reasonable 
periods of time in concentrations of airborne contaminants exceeding 
permissible levels if they are protected by appropriate respiratory 
protective equipment. Whenever respiratory protective equipment is used 
a program for selection, maintenance, training, fitting, supervision, 
cleaning, and use shall meet the following minimum requirements:
    (a) Respirators approved by NIOSH under 42 CFR part 84 which are 
applicable and suitable for the purpose intended shall be furnished and 
miners shall use the protective equipment in accordance with training 
and instruction.
    (b) A respirator program consistent with the requirements of ANSI 
Z88.2-1969, published by the American National Standards Institute and 
entitled ``American National Standards Practices for Respiratory 
Protection ANSI Z88.2-1969,'' approved August 11, 1969, which is hereby 
incorporated by reference and made a part hereof. This

[[Page 342]]

publication may be obtained from the American National Standards 
Institute, Inc., 1430 Broadway, New York, New York 10018, or may be 
examined in any Metal and Nonmetal Mine Safety and Health District 
Office of the Mine Safety and Health Administration.
    (c) When respiratory protection is used in atmospheres immediately 
harmful to life, the presence of at least one other person with backup 
equipment and rescue capability shall be required in the event of 
failure of the respiratory equipment.

[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 30400, June 8, 1995; 60 
FR 33723, June 29, 1995; 60 FR 35695, July 11, 1995]



Sec. 57.5006  Restricted use of chemicals.

    The following chemical substances shall not be used or stored except 
by competent persons under laboratory conditions approved by a 
nationally recognized agency acceptable to the Secretary.
    (a) Carbon tetrachloride,
    (b) Phenol,
    (c) 4-Nitrobiphenyl,
    (d) Alpha-naphthylamine,
    (e) 4,4-Methylene Bis (2-chloroaniline),
    (f) Methyl-chloromethyl ether,
    (g) 3,3 Dichlorobenzidine,
    (h) Bis (chloromethyl) ether,
    (i) Beta-napthylamine,
    (j) Benzidine,
    (k) 4-Aminodiphenyl,
    (l) Ethyleneimine,
    (m) Beta-propiolactone,
    (n) 2-Acetylaminofluorene,
    (o) 4-Dimethylaminobenzene, and
    (p) N-Nitrosodimethylamine.

                  Air Quality--Surface Only [Reserved]

                      Air Quality--Underground Only



Sec. 57.5015  Oxygen deficiency.

    Air in all active workings shall contain at least 19.5 volume 
percent oxygen.

                       Radiation--Underground Only



Sec. 57.5037  Radon daughter exposure monitoring.

    (a) In all mines at least one sample shall be taken in exhaust mine 
air by a competent person to determine if concentrations of radon 
daughters are present. Sampling shall be done using suggested equipment 
and procedures described in section 14.3 of ANSI N13.8-1973, entitled 
``American National Standard Radiation Protection in Uranium Mines,'' 
approved July 18, 1973, pages 13-15, by the American National Standards 
Institute, Inc., which is incorporated by reference and made a part of 
the standard or equivalent procedures and equipment acceptable to the 
Administrator, Metal and Nonmetal Mine Safety and Health, Mine Safety 
and Health Administration. This publication may be examined at any Metal 
and Nonmetal Mine Safety and Health Subdistrict Office of the Mine 
Safety and Health Administration, or may be obtained from the American 
National Standards Institute, Inc., 1430 Broadway, New York, New York 
10018. The mine operator may request that the required exhaust mine air 
sampling be done by the Mine Safety and Health Administration. If 
concentrations of radon daughters in excess of 0.1 WL are found in an 
exhaust air sample, thereafter--
    (1) Where uranium is mined--radon daughter concentrations 
representative of worker's breathing zone shall be determined at least 
every two weeks at random times in all active working areas such as 
stopes, drift headings, travelways, haulageways, shops, stations, lunch 
rooms, magazines, and any other place or location where persons work, 
travel, or congregate. However, if concentrations of radon daughters are 
found in excess of 0.3 WL in an active working area, radon daughter 
concentrations thereafter shall be determined weekly in that working 
area until such time as the weekly determinations in that area have been 
0.3 WL or less for 5 consecutive weeks.
    (2) Where uranium is not mined--when radon daughter concentrations 
between 0.1 and 0.3 WL are found in an active working area, radon 
daughter concentration measurements representative of worker's breathing 
zone shall be determined at least every 3 months at random times until 
such time as the radon daughter concentrations in that area are below 
0.1 WL, and annually thereafter. If concentrations of radon daughters 
are found in excess

[[Page 343]]

of 0.3 WL in an active working area radon daughter concentrations 
thereafter shall be determined at least weekly in that working area 
until such time as the weekly determinations in that area have been 0.3 
WL or less for 5 consecutive weeks.
    (b) If concentrations of radon daughters less than 0.1 WL are found 
in an exhaust mine air sample, thereafter:
    (1) Where uranium is mined--at least one sample shall be taken in 
the exhaust mine air monthly.
    (2) Where uranium is not mined--no further exhaust mine air sampling 
is required.
    (c) The sample date, locations, and results obtained under (a) and 
(b) above shall be recorded and retained at the mine site or nearest 
mine office for at least two years and shall be made available for 
inspection by the Secretary or his authorized representative.

[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995]



Sec. 57.5038  Annual exposure limits.

    No person shall be permitted to receive an exposure in excess of 4 
WLM in any calendar year.



Sec. 57.5039  Maximum permissible concentration.

    Except as provided by standard Sec. 57.5005, persons shall not be 
exposed to air containing concentrations of radon daughters exceeding 
1.0 WL in active workings.



Sec. 57.5040  Exposure records.

    (a) The operator shall calculate and record complete individual 
exposures to concentrations of radon daughters as follows:
    (1) Where uranium is mined--the complete individual exposures of all 
mine personnel working underground shall be calculated and recorded. 
These records shall include the individual's time in each active working 
area such as stopes, drift headings, travelways, haulageways, shops, 
stations, lunch rooms, magazines and any other place or location where 
persons work, travel or congregate, and the concentration of airborne 
radon daughters for each active working area.
    (2) Where uranium is not mined--the complete individual exposure of 
all mine personnel working in active working areas with radon daughter 
concentrations in excess of 0.3 WL shall be calculated and recorded. 
These records shall include the individual's time in each active working 
area and the concentrations of airborne radon daughters for each active 
working area. The operator may discontinue calculating and recording the 
individual exposures of any personnel assigned to work in active working 
areas where radon daughter concentrations have been reduced to 0.3 WL or 
less for 5 consecutive weeks provided that such exposure calculation and 
recordation shall not be discontinued with respect to any person who has 
accumulated more exposure than \1/12\ (one-twelfth) of a WLM times the 
number of months for which exposures have been calculated and recorded 
in the calendar year in which the exposure calculation and recordation 
is proposed to be discontinued.
    (b) The operator shall maintain the form entitled ``Record of 
Individual Exposure to Radon Daughters'' (Form 4000-9), or equivalent 
forms that are acceptable to the Administrator, Metal and Nonmetal Mine 
Safety and Health, Mine Safety and Health Administration, on which there 
shall be recorded the specific information required by the form with 
respect to each person's time-weighted current and cumulative exposure 
to concentrations of radon daughters.
    (1) The form entitled ``Record of Individual Exposure to Radon 
Daughters'' (Form 4000-9), shall consist of an original of each form for 
the operator's records which shall be available for examination by the 
Secretary or his authorized representative.
    (2) On or before February 15 of each calendar year, or within 45 
days after the shutdown of mining operations for the calendar year, each 
mine operator shall submit to the Mine Safety and Health Administration 
a copy of the ``Record of Individual Exposure to Radon Daughters'' (Form 
4000-9), or acceptable equivalent form, showing the data required by the 
form for all personnel for whom calculation and recording of exposure 
was required during the previous calendar year.

[[Page 344]]

    (3) Errors detected by the operator shall be corrected on any forms 
kept by the operator and a corrected copy of any forms submitted to the 
Mine Safety and Health Administration shall be submitted to the Mine 
Safety and Health Administration within 60 days of detection and shall 
identify the errors and indicate the date the corrections are made.
    (4) The operator's records of individual exposure to concentrations 
of radon daughters and copies of ``Record of Individual Exposure to 
Radon Daughters'' (Form 4000-9) or acceptable equivalent form or true 
legible facsimiles thereof (microfilm or other), shall be retained at 
the mine or nearest mine office for a period as specified in paragraph 
9.8, ANSI N13.8-1973, or shall be submitted to the Mine Safety and 
Health Administration. These records, if retained by the operator, shall 
be open for inspection by the Secretary of Labor, his authorized 
representative, and authorized representatives of the official mine 
inspection agency of the State in which the mine is located. Paragraph 
9.8, ANSI N13.8-1973, is incorporated by reference and made a part of 
this standard. ANSI N13.8-1973 may be examined at any Metal and Nonmetal 
Mine Safety and Health District Office of the Mine Safety and Health 
Administration, and may be obtained from the American National Standards 
Institute, Inc., at 1430 Broadway, New York, New York 10018.
    (5) Upon written request from a person who is a subject of these 
records, a statement of the year-to-date and cumulative exposure 
applicable to that person shall be provided to the person or to whomever 
such person designates.
    (6) The blank form entitled ``Record of Individual Exposure to Radon 
Daughters'' (Form 4000-9) may be obtained on request from any Metal and 
Nonmetal Mine Safety and Health Subdistrict Office of the Mine Safety 
and Health Administration.
    Note: To calculate an individual's exposure to WLM for a given 
period of time, multiply the total exposure time (hours to the nearest 
half-hour) in an active working area by the average concentration of 
airborne radon daughters for the applicable active working area (average 
working level calculated to the nearest hundredth working level) and 
divide the product by the constant 173 hours per month.
    An average airborne radon daughter concentration for a designated 
active working area shall be determined by averaging all sampling 
results for that working area during the time that persons are present. 
Any sample taken by Federal or State mine inspectors, which represents 
exposure to miners and reported to the operator within three days of 
being taken, shall be included in the average concentration; except that 
if the mine operator samples simultaneously with the inspector, he may 
use his own sample results.

[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995; 60 
FR 35695, July 11, 1995]



Sec. 57.5041  Smoking prohibition.

    Smoking shall be prohibited in all areas of a mine where exposure 
records are required to be kept in compliance with standard 57.5040.



Sec. 57.5042  Revised exposure levels.

    If levels of permissible exposures to concentrations of radon 
daughters different from those prescribed in 57.5038 are recommended by 
the Environmental Protection Agency and approved by the President, no 
employee shall be permitted to receive exposures in excess of those 
levels after the effective dates established by the Agency.



Sec. 57.5044  Respirators.

    In environments exceeding 1.0 WL, miners shall wear respirators 
approved by NIOSH for radon daughters prior to July 10, 1995 or under 
the equivalent section of 42 CFR part 84 and such respirator use shall 
be in compliance with Sec. 57.5005.

[60 FR 30400, June 8, 1995]



Sec. 57.5045  Posting of inactive workings.

    Inactive workings in which radon daughter concentrations are above 
1.0 WL, shall be posted against unauthorized entry and designated by 
signs indicating them as areas in which approved respirators shall be 
worn.



Sec. 57.5046  Protection against radon gas.

    Where radon daughter concentrations exceed 10 WL, respirator 
protection against radon gas shall be provided in addition to protection 
against radon daughters. Protection against radon

[[Page 345]]

gas shall be provided by supplied air devices or by face masks 
containing absorbent material capable of removing both the radon and its 
daughters.



Sec. 57.5047  Gamma radiation surveys.

    (a) Gamma radiation surveys shall be conducted annually in all 
underground mines where radioactive ores are mined.
    (b) Surveys shall be in accordance with American National Standards 
(ANSI) Standard N13.8-1973, entitled ``Radiation Protection in Uranium 
Mines'', section 14.1 page 12, which is hereby incorporated by reference 
and made a part hereof. This publication may be examined in any Metal 
and Nonmetal Mine Safety and Health District Office, Mine Safety and 
Health Administration, or may be obtained from the American National 
Standards Institute, Inc., 1430 Broadway, New York, NY 10018.
    (c) Where average gamma radiation measurements are in excess of 2.0 
milliroentgens per hour in the working place, gamma radiation dosimeters 
shall be provided for all persons affected, and records of cumulative 
individual gamma radiation exposure shall be kept.
    (d) Annual individual gamma radiation exposure shall not exceed 5 
rems.

[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995; 60 
FR 35695, July 11, 1995]

               Diesel Particulate Matter--Underground Only

    Source: 66 FR 5907, Jan. 19, 2001, unless otherwise noted.



Sec. 57.5060  Limit on concentration of diesel particulate matter.

    (a) After July 19, 2002 and until January 19, 2006, any mine 
operator covered by this part must limit the concentration of diesel 
particulate matter to which miners are exposed in underground areas of a 
mine by restricting the average eight-hour equivalent full shift 
airborne concentration of total carbon, where miners normally work or 
travel, to 400 micrograms per cubic meter of air (400TC 
[mu]g/m\3\).
    (b) After January 19, 2006, any mine operator covered by this part 
must limit the concentration of diesel particulate matter to which 
miners are exposed in underground areas of a mine by restricting the 
average eight-hour equivalent full shift airborne concentration of total 
carbon, where miners normally work or travel, to 160 micrograms per 
cubic meter of air (160TC [mu]g/m\3\).
    (c)(1) If, as a result of technological constraints, a mine requires 
additional time to come into compliance with the limit specified in 
paragraph (b) of this section, the operator of the mine may file an 
application with the Secretary for a special extension.
    (2) No mine may be granted more than one special extension, nor may 
the time otherwise available under this section to a mine to comply with 
the limit specified in paragraph (b) be extended by more than two years.
    (3) The application for a special extension may be approved, and the 
additional time authorized, only if the application includes information 
adequate for the Secretary to ascertain:
    (i) That diesel-powered equipment was used in the mine prior to 
October 29, 1998;
    (ii) That there is no combination of controls that can, due to 
technological constraints, bring the mine into full compliance with the 
limit specified in paragraph (b) within the time otherwise specified in 
this section;
    (iii) The lowest achievable concentration of diesel particulate, as 
demonstrated by data collected under conditions that are representative 
of mine conditions using the method specified in Sec. 57.5061; and
    (iv) The actions the operator will take during the duration of the 
extension to:
    (A) Maintain the lowest concentration of diesel particulate; and
    (B) Minimize the exposure of miners to diesel particulate.
    (4) The Secretary may approve an application for a special extension 
only if:
    (i) The mine operator files, the application at least 180 days prior 
to the date the mine must be in full compliance with the limit 
established by paragraph (b) of this section; and

[[Page 346]]

    (ii) The application certifies that the operator has posted one copy 
of the application, at the mine site for 30 days prior to the date of 
application, and has provided another copy to the authorized 
representative of miners.
    (5) A mine operator must comply with the terms of any approved 
application for a special extension, and post a copy of an approved 
application for a special extension at the mine site for the duration of 
the special extension period.
    (d)(1) Mine operators may permit miners engaged in inspection, 
maintenance, or repair activities, and only in such activities, with the 
advance approval of the Secretary under the circumstances and conditions 
defined in paragraphs (d)(2) through (d)(4) of this section, to work in 
concentrations of diesel particulate matter exceeding the applicable 
concentration limit under paragraph (a) or (b) of this section.
    (2) The Secretary will only provide advance approval:
    (i) For inspection, maintenance or repair activities to be 
conducted:
    (A) In areas where miners work or travel infrequently or for brief 
periods of time;
    (B) In areas where miners otherwise work exclusively inside of 
enclosed and environmentally controlled cabs, booths and similar 
structures with filtered breathing air; or
    (C) In shafts, inclines, slopes, adits, tunnels and similar workings 
that the operator designates as return or exhaust air courses and that 
miners use for access into the mine or egress from the mine;
    (ii) When the Secretary determines that it is not feasible to reduce 
the concentration of dpm in the areas where the inspection, maintenance 
or repair activities are to be conducted to those otherwise applicable 
under paragraph (a) or (b) of this section; and
    (iii) When the Secretary determines that the mine operator will 
employ adequate safeguards to minimize the dpm exposure of the miners.
    (3) The Secretary's determinations under paragraph (d)(2) of this 
section will be based on evaluating a plan prepared and submitted by the 
operator no less than 60 days before the commencement of any inspection, 
maintenance or repair activities. The mine operator must certify in the 
plan that one copy of the application has been posted at the mine site 
for 30 days prior to the date of submission, and another copy has been 
provided to the authorized representative of miners. The plan must 
identify, at a minimum, the types of anticipated inspection, 
maintenance, and repair activities that must be performed for which 
engineering controls sufficient to comply with the concentration limit 
are not feasible, the locations where such activities could take place, 
the concentration of dpm in these locations, the reasons why engineering 
controls are not feasible, the anticipated frequency and duration of 
such activities, the anticipated number of miners involved in such 
activities, and the safeguards that the operator will employ to limit 
miner exposure to dpm, including, but not limited to the use of 
respiratory protective equipment. The approved plan must include a 
program for selection, maintenance, training, fitting, supervision, 
cleaning and use of personal protective equipment and must meet the 
minimum requirements established in Sec. 57.5005 (a) and (b).
    (4) An advance approval by the Secretary for employees to engage in 
inspection, maintenance, or repair activities will be valid for no more 
than one year. A mine operator must comply with the conditions of the 
approved plan [which was the basis of the approval], and must post a 
copy of the approved plan at the mine site for the duration of its 
applicability.
    (e) Other than pursuant to the conditions required in paragraphs (c) 
or (d) of this section, an operator must not utilize personal protective 
equipment to comply with the requirements of either paragraph (a) or 
paragraph (b) of this section.
    (f) An operator must not utilize administrative controls to comply 
with the requirements of this section.

    Effective Date Note: At 67 FR 47297, July 18, 2002, in Sec. 
57.5060, paragraphs (d), (e), and (f) were stayed, effective July 20, 
2002, until completion of further rulemaking to address these 
provisions.

[[Page 347]]



Sec. 57.5061  Compliance determinations.

    (a) A single sample collected and analyzed by the Secretary in 
accordance with the requirements of this section shall be an adequate 
basis for a determination of noncompliance with an applicable limit on 
the concentration of diesel particulate matter pursuant to Sec. 
57.5060.
    (b) The Secretary will collect samples of diesel particulate matter 
by using a respirable dust sampler equipped with a submicrometer 
impactor and analyze the samples for the amount of total carbon using 
the method described in NIOSH Analytical Method 5040, except that the 
Secretary also may use any methods of collection and analysis 
subsequently determined by NIOSH to provide equal or improved accuracy 
for the measurement of diesel particulate matter. Copies of the NIOSH 
5040 Analytical Method are available by contacting MSHA's, Pittsburgh 
Safety and Health Technology Center, P.O. Box 18233, Cochrans Mill Road, 
Pittsburgh, PA 15236.
    (c) The Secretary will determine the appropriate sampling strategy 
for compliance determination, utilizing personal sampling, occupational 
sampling, and/or area sampling, based on the circumstances of the 
particular exposure.



Sec. 57.5062  Diesel particulate matter control plan.

    (a) In the event of a violation by the operator of an underground 
metal or nonmetal mine of the applicable concentration limit established 
by Sec. 57.5060, the operator, in accordance with the requirements of 
this section, must--
    (1) Establish a diesel particulate matter control plan for the mine 
if one is not already in effect, or modify the existing diesel 
particulate matter control plan, and
    (2) Demonstrate that the new or modified diesel particulate matter 
control plan controls the concentration of diesel particulate matter to 
the applicable concentration limit specified in Sec. 57.5060.
    (b) A diesel particulate control plan must describe the controls the 
operator will utilize to maintain the concentration of diesel 
particulate matter to the applicable limit specified by Sec. 57.5060. 
The plan also must include a list of diesel-powered units maintained by 
the mine operator, information about any unit's emission control device, 
and the parameters of any other methods used to control the 
concentration of diesel particulate matter. The operator may consolidate 
the plan with the ventilation plan required by Sec. 57.8520. The 
operator must retain a copy of the current diesel particulate matter 
control plan at the mine site during its duration and for one year 
thereafter.
    (c) An operator must demonstrate plan effectiveness by monitoring, 
using the measurement method specified by Sec. 57.5061(b), sufficient 
to verify that the plan will control the concentration of diesel 
particulate matter to the applicable limit under conditions that can be 
reasonably anticipated in the mine. The operator must retain a copy of 
each verification sample result at the mine site for five years. The 
operator monitoring must be in addition to, and not in lieu of, any 
sampling by the Secretary pursuant to Sec. 57.5061.
    (d) The records required by paragraphs (b) and (c) of this section 
must be available for review upon request by the authorized 
representative of the Secretary, the authorized representative of the 
Secretary of Health and Human Services, or the authorized representative 
of miners. In addition, upon request by the District Manager or the 
authorized representative of miners, the operator must provide a copy of 
any records required to be maintained pursuant to paragraph (b) or (c) 
of this section.
    (e)(1) A control plan established as a result of this section must 
remain in effect for 3 years from the date of the violation which caused 
it to be established, except as provided in paragraph (e)(3) of this 
section.
    (2) A modified control plan established as a result of this section 
must remain in effect for 3 years from the date of the violation which 
caused the plan to be modified, except as provided in paragraph (e)(3) 
of this section.
    (3) An operator must modify a diesel particulate matter control plan 
during its duration as required to reflect changes in mining equipment 
or circumstances. Upon request from the

[[Page 348]]

Secretary, an operator must demonstrate the effectiveness of the 
modified plan by monitoring, using the measurement method specified by 
Sec. 57.5061, sufficient to verify that the plan will control the 
concentration of diesel particulate matter to the applicable limit under 
conditions that can be reasonably anticipated in the mine.
    (f) The Secretary will consider an operator's failure to comply with 
the provisions of the diesel particulate matter control plan in effect 
at a mine or to conduct required verification sampling to be a violation 
of this part without regard for the concentration of diesel particulate 
matter that may be present at any time.

    Effective Date Note: At 67 FR 47297, July 18, 2002, Sec. 57.5062 
was stayed, effective July 20, 2002, until completion of further 
rulemaking to address these provisions.



Sec. 57.5065  Fueling practices.

    (a) Diesel fuel used to power equipment in underground areas must 
not have a sulfur content greater than 0.05 percent. The operator must 
retain purchase records that demonstrate compliance with this 
requirement for one year after the date of purchase.
    (b) The operator must only use fuel additives registered by the U.S. 
Environmental Protection Agency in diesel powered equipment operated in 
underground areas.

[66 FR 5907, Jan. 19, 2001; 66 FR 35520, July 5, 2001]



Sec. 57.5066  Maintenance standards.

    (a) Any diesel powered equipment operated at any time in underground 
areas must meet the following maintenance standards:
    (1) The operator must maintain any approved engine in approved 
condition;
    (2) The operator must maintain the emission related components of 
any non-approved engine to manufacturer specifications; and
    (3) The operator must maintain any emission or particulate control 
device installed on the equipment in effective operating condition.
    (b)(1) A mine operator must authorize each miner operating diesel-
powered equipment underground to affix a visible and dated tag to the 
equipment when the miner notes evidence that the equipment may require 
maintenance in order to comply with the maintenance standards of 
paragraph (a) of this section. The term evidence means visible smoke or 
odor that is unusual for that piece of equipment under normal operating 
procedures, or obvious or visible defects in the exhaust emissions 
control system or in the engine affecting emissions.
    (2) A mine operator must ensure that any equipment tagged pursuant 
to this section is promptly examined by a person authorized to maintain 
diesel equipment, and that the affixed tag not be removed until the 
examination has been completed. The term promptly means before the end 
of the next shift during which a qualified mechanic is scheduled to 
work.
    (3) A mine operator must retain a log of any equipment tagged 
pursuant to this section. The log must include the date the equipment is 
tagged, the date the equipment is examined, the name of the person 
examining the equipment, and any action taken as a result of the 
examination. The operator must retain the information in the log for one 
year after the date the tagged equipment was examined.
    (c) Persons authorized by a mine operator to maintain diesel 
equipment covered by paragraph (a) of this section must be qualified, by 
virtue of training or experience, to ensure that the maintenance 
standards of paragraph (a) of this section are observed. An operator 
must retain appropriate evidence of the competence of any person to 
perform specific maintenance tasks in compliance with those standards 
for one year after the date of any maintenance, and upon request must 
provide the documentation to the authorized representative of the 
Secretary.

[66 FR 5907, Jan. 19, 2001, as amended at 67 FR 9184, Feb. 27, 2002]

    Effective Date Note: At 66 FR 5907, Jan. 19, 2001, Sec. 57.5066 was 
added, effective July 5, 2001, except for paragraph (b). At 66 FR 35518, 
July 5, 2001, the effective date of paragraph (b) was delayed pending 
disposition of current litigation challenging the rule. At 67 FR 9184, 
Feb. 27, 2002, paragraphs (b)(1) and (b)(2) were revised, effective Mar. 
29, 2002.

[[Page 349]]



Sec. 57.5067  Engines.

    (a) Any diesel engine introduced into an underground area of a mine 
covered by this part after July 5, 2001, other than an engine in an 
ambulance or fire fighting equipment which is utilized in accordance 
with mine fire fighting and evacuation plans, must either:
    (1) Have affixed a plate evidencing approval of the engine pursuant 
to subpart E of Part 7 of this title or pursuant to Part 36 of this 
title; or
    (2) Meet or exceed the applicable particulate matter emission 
requirements of the Environmental Protection Administration listed in 
Table 57.5067-1, as follows:

                             Table 57.5067-1
------------------------------------------------------------------------
       EPA requirement            EPA category            PM limit
------------------------------------------------------------------------
40 CFR 86.094-                light duty vehicle..  0.1 g/mile.
 8(a)(1)(i)(A)(2).
40 CFR 86.094-                light duty truck....  0.1 g/mile.
 9(a)(1)(i)(A)(2).
40 CFR 86.094-                heavy duty highway    0.1 g/bhp-hr.
 11(a)(1)(iv)(B).              engine.
40 CFR 89.112(a)............  nonroad (tier, power  varies by power
                               range).               range:
                              tier 1 kW<8 (hp<11).  1.0 g/kW-hr (0.75 g/
                                                     bhp-hr).
                              tier 1 8<=kW<19       0.80 g/kW-hr (0.60 g/
                               (11<=hp<25).          bhp-hr).
                              tier 1 19<=kW<37      0.80 g/kW-hr (0.60 g/
                               (25<=hp<50).          bhp-hr).
                              tier 2 37<=kW<75      0.40 g/kW-hr (0.30 g/
                               (50<=hp<100).         bhp-hr).
                              tier 2 75<=kW<130     0.30 g/kW-hr (0.22 g/
                               (100<=hp<175).        bhp-hr).
                              tier 1 130<=kW<225    0.54 g/kW-hr (0.40 g/
                               (175<=hp<300).        bhp-hr).
                              tier 1 225<=kW<450    0.54 g/kW-hr (0.40 g/
                               (300<=hp<600).        bhp-hr).
                              tier 1 450<=kW<560    0.54 g/kW-hr (0.40 g/
                               (600<=hp<750).        bhp-hr).
                              tier 1 kW=560 (hp=750).
------------------------------------------------------------------------
Notes:
``g'' means grams.
``hp'' means horsepower.
``g/bhp-hr'' means grams/brake horsepower-hour.
``kW'' means kilowatt.
``g/kW-hr'' means grams/kilowatt-hour.

    (b) For purposes of paragraph (a):
    (1) The term ``introduced'' means any engine added to the 
underground inventory of engines of the mine in question, including:
    (i) An engine in newly purchased equipment;
    (ii) An engine in used equipment brought into the mine; and
    (iii) A replacement engine that has a different serial number than 
the engine it is replacing; but
    (2) The term ``introduced'' does not include engines that were 
previously part of the mine inventory and rebuilt.
    (3) The term introduced does not include the transfer of engines or 
equipment from the inventory of one underground mine to another 
underground mine operated by the same mine operator.

[66 FR 5907, Jan. 19, 2001, as amended at 66 FR 27864, May 21, 2001; 67 
FR 9184, Feb. 27, 2002]



Sec. 57.5070  Miner training.

    (a) Mine operators must provide annual training to all miners at a 
mine covered by this part who can reasonably be expected to be exposed 
to diesel emissions on that property. The training must include--
    (1) The health risks associated with exposure to diesel particulate 
matter;
    (2) The methods used in the mine to control diesel particulate 
matter concentrations;
    (3) Identification of the personnel responsible for maintaining 
those controls; and
    (4) Actions miners must take to ensure the controls operate as 
intended.
    (b) An operator must retain a record at the mine site of the 
training required by this section for one year after completion of the 
training.



Sec. 57.5071  Environmental monitoring.

    (a) Mine operators must monitor as often as necessary to effectively 
determine, under conditions that can be reasonably anticipated in the 
mine--
    (1) Whether the concentration of diesel particulate matter in any 
area of the mine where miners normally work or travel exceeds the 
applicable limit specified in Sec. 57.5060; and

[[Page 350]]

    (2) The average full shift airborne concentration of diesel 
particulate matter at any position or on any person designated by the 
Secretary.
    (b) The mine operator must provide affected miners and their 
representatives with an opportunity to observe exposure monitoring 
required by this section. Mine operators must give prior notice to 
affected miners and their representatives of the date and time of 
intended monitoring.
    (c) If any monitoring performed under this section indicates that 
the applicable concentration limit established by Sec. 57.5060 has been 
exceeded, an operator must promptly post notice of the corrective action 
being taken, initiate corrective action by the next work shift, and 
promptly complete such corrective action.
    (d)(1) The results of monitoring for diesel particulate matter, 
including any results received by a mine operator from sampling 
performed by the Secretary, must be posted on the mine bulletin board 
within 15 days of receipt and must remain posted for 30 days. The 
operator must provide a copy of the results to the authorized 
representative of miners.
    (2) The mine operator must retain for five years (from the date of 
sampling), the results of any samples the operator collected as a result 
of monitoring under this section, and information about the sampling 
method used for obtaining the samples.



Sec. 57.5075  Diesel particulate records.

    (a) The table entitled ``Diesel Particulate Recordkeeping 
Requirements'' lists the records the operator must retain pursuant to 
Sec. Sec. 57.5060 through 57.5071, and the duration for which 
particular records need to be retained. The table follows:

              Diesel Particulate Recordkeeping Requirements
------------------------------------------------------------------------
             Record               Section reference     Retention time
------------------------------------------------------------------------
1. Approved application for        Sec. 57.5060(c)  1 year beyond
 extension of time to comply                           duration of
 with final concentration limit.                       extension.
2. Approved plan for miners to     Sec. 57.5060(d)  For duration of
 perform inspection,                                   plan.
 maintenance or repair actions
 in areas exceeding the
 concentration limit.
3. Control plan................    Sec. 57.5062(b)  1 year beyond
                                                       duration of plan.
4. Compliance plan verification    Sec. 57.5062(c)  5 years from
 sample results.                                       sample date.
5. Purchase records noting         Sec. 57.5065(a)  1 year beyond date
 sulfur content of diesel fuel.                        of purchase.
6. Maintenance log.............    Sec. 57.5066(b)  1 year after date
                                                       any equipment is
                                                       tagged.
7. Evidence of competence to       Sec. 57.5066(c)  1 year after date
 perform maintenance.                                  maintenance
                                                       performed.
8. Annual training provided to     Sec. 57.5070(b)  1 year beyond date
 potentially exposed miners.                           training
                                                       completed.
9. Sampling method used to         Sec. 57.5071(d)  5 years from
 effectively evaluate mine                             sample date.
 particulate concentration, and
 sample results.
------------------------------------------------------------------------

    (b)(1) Any record listed in this section which is required to be 
retained at the mine site may, notwithstanding such requirement, be 
retained elsewhere if the mine operator can immediately access the 
record from the mine site by electronic transmission.
    (2) Upon request from an authorized representative of the Secretary 
of Labor, the Secretary of Health and Human Services, or from the 
authorized representative of miners, mine operators must promptly 
provide access to any record listed in the table in this section.
    (3) An operator must provide access to a miner, former miner, or, 
with the miner's or former miner's written consent, a personal 
representative of a miner, to any record required to be maintained 
pursuant to Sec. 57.5071 to the extent the information pertains to the 
miner or former miner. The operator must provide the first copy of a 
requested record at no cost, and any additional copies at reasonable 
cost.
    (4) Whenever an operator ceases to do business, that operator must 
transfer all records required to be maintained by this part, or a copy 
thereof, to any successor operator who must maintain them for the 
required period.

[[Page 351]]



                          Subpart E_Explosives

    Source: 61 FR 36801, July 12, 1996, unless otherwise noted.



Sec. 57.6000  Definitions.

    The following definitions apply in this subpart.
    Blasting agent. Any substance classified as a blasting agent by the 
Department of Transportation in 49 CFR 173.114a(a). This document is 
available at any MSHA Metal and Nonmetal Safety and Health district 
office.
    Detonating cord. A flexible cord containing a center core of high 
explosives which may be used to initiate other explosives.
    Detonator. Any device containing a detonating charge used to 
initiate an explosive. These devices include electric or nonelectric 
instantaneous or delay blasting caps, and delay connectors. The term 
``detonator'' does not include detonating cord. Detonators may be either 
``Class A'' detonators or ``Class C'' detonators, as classified by the 
Department of Transportation in 49 CFR 173.53, and 173.100. This 
document is available at any MSHA Metal and Nonmetal Safety and Health 
district office.
    Explosive. Any substance classified as an explosive by the 
Department of Transportation in 49 CFR 173.53, 173.88, and 173.100. This 
document is available at any MSHA Metal and Nonmetal Safety and Health 
district office.
    Explosive material. Explosives, blasting agents, and detonators.
    Flash point. The minimum temperature at which sufficient vapor is 
released by a liquid to form a flammable vapor-air mixture near the 
surface of the liquid.
    Igniter cord. A fuse that burns progressively along its length with 
an external flame at the zone of burning, used for lighting a series of 
safety fuses in a desired sequence.
    Magazine. A bullet-resistant, theft-resistant, fire-resistant, 
weather-resistant, ventilated facility for the storage of explosives and 
detonators (BATF Type 1 or Type 2 facility).
    Misfire. The complete or partial failure of explosive material to 
detonate as planned. The term also is used to describe the explosive 
material itself that has failed to detonate.
    Primer. A unit, package, or cartridge of explosives which contains a 
detonator and is used to initiate other explosives or blasting agents.
    Safety switch. A switch that provides shunt protection in blasting 
circuits between the blast site and the switch used to connect a power 
source to the blasting circuit.
    Slurry. An explosive material containing substantial portions of a 
liquid, oxidizers, and fuel, plus a thickener.
    Water gel. An explosive material containing substantial portions of 
water, oxidizers, and fuel, plus a cross-linking agent.

[61 FR 36801, July 12, 1996, as amended at 67 FR 38385, June 4, 2002; 68 
FR 32361, May 30, 2003; 69 FR 38842, June 29, 2004]

                    Storage--Surface and Underground



Sec. 57.6100  Separation of stored explosive material.

    (a) Detonators shall not be stored in the same magazine with other 
explosive material.
    (b) When stored in the same magazine, blasting agents shall be 
separated from explosives, safety fuse, and detonating cord to prevent 
contamination.



Sec. 57.6101  Areas around explosive material storage facilities.

    (a) Areas surrounding storage facilities for explosive material 
shall be clear of rubbish, brush, dry grass, and trees for 25 feet in 
all directions, except that live trees 10 feet or taller need not be 
removed.
    (b) Other combustibles shall not be stored or allowed to accumulate 
within 50 feet of explosive material. Combustible liquids shall be 
stored in a manner that ensures drainage will occur away from the 
explosive material storage facility in case of tank rupture.



Sec. 57.6102  Explosive material storage practices.

    (a) Explosive material shall be--
    (1) Stored in a manner to facilitate use of oldest stocks first;
    (2) Stored according to brand and grade in such a manner as to 
facilitate identification; and

[[Page 352]]

    (3) Stacked in a stable manner but not more than 8 feet high.
    (b) Explosives and detonators shall be stored in closed 
nonconductive containers except that nonelectric detonating devices may 
be stored on nonconductive racks provided the case-insert instructions 
and the date-plant-shift code are maintained with the product.

                          Storage--Surface Only



Sec. 57.6130  Explosive material storage facilities.

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



Sec. 57.6131  Location of explosive material storage facilities.

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



Sec. 57.6132  Magazine requirements.

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



Sec. 57.6133  Powder chests.

    (a) Powder chests (day boxes) shall be--
    (1) Structurally sound, weather-resistant, equipped with a lid or 
cover, and with only nonsparking material on the inside;

[[Page 353]]

    (2) Posted with the appropriate United States Department of 
Transportation placards or other appropriate warning signs that indicate 
the contents and are visible from each approach;
    (3) Located out of the blast area once loading has been completed;
    (4) Locked or attended when containing explosive material; and
    (5) Emptied at the end of each shift with the contents returned to a 
magazine or other storage facility, or attended.
    (b) Detonators shall be kept in chests separate from explosives or 
blasting agents, unless separated by 4-inches of hardwood or equivalent, 
or a laminated partition. When a laminated partition is used, operators 
must follow the provisions of the Institute of Makers of Explosives 
(IME) Safety Library Publication No. 22, (May 1993), ``Recommendations 
for the Safe Transportation of Detonators in a Vehicle with other 
Explosive Materials,'' (May 1993), and the ``Generic Loading Guide for 
the IME-22 Container,'' (October 1993). This incorporation by reference 
has been approved by the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA, 
1100 Wilson Blvd., Room 2436, Arlington, Virginia 22209-3939, and at all 
Metal and Nonmetal Mine Safety and Health district offices, or available 
for inspection at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal--register/
code--of--federal--regulations/ibr--locations.html.

[61 FR 36801, July 12, 1996, as amended at 67 FR 38385, June 4, 2002]

                        Storage--Underground Only



Sec. 57.6160  Main facilities.

    (a) Main facilities used to store explosive material underground 
shall be located--
    (1) In stable or supported ground;
    (2) So that a fire or explosion in the storage facilities will not 
prevent escape from the mine, or cause detonation of the contents of 
another storage facility;
    (3) Out of the line of blasts, and protected from vehicular traffic, 
except that accessing the facility;
    (4) At least 200 feet from work places or shafts;
    (5) At least 50 feet from electric substations;
    (6) A safe distance from trolley wires; and
    (7) At least 25 feet from detonator storage facilities.
    (b) Main facilities used to store explosive material underground 
shall be--
    (1) Posted with warning signs that indicate the contents and are 
visible from any approach;
    (2) Used exclusively for the storage of explosive material and 
necessary equipment associated with explosive material storage and 
delivery:
    (i) Portions of the facility used for the storage of explosives 
shall only contain nonsparking material or equipment.
    (ii) The blasting agent portion of the facility may be used for the 
storage of other necessary equipment;
    (3) Kept clean, suitably dry, and orderly;
    (4) Provided with unobstructed ventilation openings;
    (5) Kept securely locked unless all access to the mine is either 
locked or attended; and
    (6) Unlighted or lighted only with devices that do not create a fire 
or explosion hazard and which are specifically designed for use in 
magazines.
    (c) Electrical switches and outlets shall be located outside the 
facility.



Sec. 57.6161  Auxiliary facilities.

    (a) Auxiliary facilities used to store explosive material near work 
places shall be wooden, box-type containers equipped with covers or 
doors, or facilities constructed or mined-out to provide equivalent 
impact resistance and confinement.
    (b) The auxiliary facilities shall be--
    (1) Constructed of nonsparking material on the inside when used for 
the storage of explosives;
    (2) Kept clean, suitably dry, and orderly;
    (3) Kept in repair;

[[Page 354]]

    (4) Located out of the line of blasts so they will not be subjected 
to damaging shock or flyrock;
    (5) Identified with warning signs or coded to indicate the contents 
with markings visible from any approach;
    (6) Located at least 15 feet from all haulageways and electrical 
equipment, or placed entirely within a mined-out recess in the rib used 
exclusively for explosive material;
    (7) Filled with no more than a one-week supply of explosive 
material;
    (8) Separated by at least 25 feet from other facilities used to 
store detonators; and
    (9) Kept securely locked unless all access to the mine is either 
locked or attended.

                 Transportation--Surface and Underground



Sec. 57.6200  Delivery to storage or blast site areas.

    Explosive material shall be transported without undue delay to the 
storage area or blast site.



Sec. 57.6201  Separation of transported explosive material.

    Detonators shall not be transported on the same vehicle or 
conveyance with other explosives except as follows:
    (a) Detonators in quantities of more than 1,000 may be transported 
in a vehicle or conveyance with explosives or blasting agents provided 
the detonators are--
    (1) Maintained in the original packaging as shipped from the 
manufacturer; and
    (2) Separated from explosives or blasting agents by 4 inches of 
hardwood or equivalent, or a laminated partition. The hardwood or 
equivalent shall be fastened to the vehicle or conveyance. When a 
laminated partition is used, operators must follow the provisions of the 
Institute of Makers of Explosives (IME) Safety Library Publication No. 
22, ``Recommendations for the Safe Transportation of Detonators in a 
Vehicle with other Explosive Materials'' (May 1993), and the ``Generic 
Loading Guide for the IME-22 Container'' (October 1993). This 
incorporation by reference has been approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies are available at MSHA, 1100 Wilson Blvd., Room 2436, Arlington, 
Virginia 22209-3939, and at all Metal and Nonmetal Mine Safety and 
Health district offices, or available for examination at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (b) Detonators in quantities of 1,000 or fewer may be transported 
with explosives or blasting agents provided the detonators are--
    (1) Kept in closed containers; and
    (2) Separated from explosives or blasting agents by 4 inches of 
hardwood or equivalent, or a laminated partition. The hardwood or 
equivalent shall be fastened to the vehicle or conveyance. When a 
laminated partition is used, operators must follow the provisions of IME 
Safety Library Publication No. 22, ``Recommendations for the Safe 
Transportation of Detonators in a Vehicle with other Explosive 
Materials'' (May 1993), and the ``Generic Loading Guide for the IME-22 
Container'' (October 1993). This incorporation by reference has been 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA, 1100 
Wilson Blvd., Room 2436, Arlington, Virginia 22209-3939, and at all 
Metal and Nonmetal Mine Safety and Health district offices, or available 
for examination at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal--register/
code--of--federal--regulations/ibr--locations.html.

[61 FR 36801, July 12, 1996, as amended at 67 FR 38385, June 4, 2002]



Sec. 57.6202  Vehicles.

    (a) Vehicles containing explosive material shall be--
    (1) Maintained in good condition and shall comply with the 
requirements of subpart M of this part;

[[Page 355]]

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



Sec. 57.6203  Locomotives.

    Explosive material shall not be transported on a locomotive. When 
explosive material is hauled by trolley locomotive, covered, 
electrically insulated cars shall be used.



Sec. 57.6204  Hoists.

    (a) Before explosive material is transported in hoist conveyances--
    (1) The hoist operator shall be notified; and
    (2) Hoisting in adjacent shaft compartments, except for empty 
conveyances or counterweights, shall be stopped until transportation of 
the explosive material is completed.
    (b) Explosive material transported in hoist conveyances shall be 
placed within a container which prevents shifting of the cargo that 
could cause detonation of the container by impact or by sparks. The 
manufacturer's container may be used if secured to a nonconductive 
pallet. When explosives are transported, they shall be secured so as not 
to contact any sparking material.
    (c) No explosive material shall be transported during a mantrip.



Sec. 57.6205  Conveying explosives by hand.

    Closed, nonconductive containers shall be used to carry explosives 
and detonators to and from blast sites. Separate containers shall be 
used for explosives and detonators.

                      USE--SURFACE AND UNDERGROUND



Sec. 57.6300  Control of blasting operations.

    (a) Only persons trained and experienced in the handling and use of 
explosive material shall direct blasting operations and related 
activities.
    (b) Trainees and inexperienced persons shall work only in the 
immediate presence of persons trained and experienced in the handling 
and use of explosive material.



Sec. 57.6301  Blasthole obstruction check.

    Before loading, blastholes shall be checked and, wherever possible, 
cleared of obstructions.



Sec. 57.6302  Separation of explosive material.

    Explosives and blasting agents shall be kept separated from 
detonators until loading begins.



Sec. 57.6303  Initiation preparation.

    (a) Primers shall be made up only at the time of use and as close to 
the blast site as conditions allow.
    (b) Primers shall be prepared with the detonator contained securely 
and

[[Page 356]]

completely within the explosive or contained securely and appropriately 
for its design in the tunnel or cap well.
    (c) When using detonating cord to initiate another explosive, a 
connection shall be prepared with the detonating cord threaded through, 
attached securely to, or otherwise in contact with the explosive.



Sec. 57.6304  Primer protection.

    (a) Tamping shall not be done directly on a primer.
    (b) Rigid cartridges of explosives or blasting agents that are 4 
inches (100 millimeters) in diameter or larger shall not be dropped on 
the primer except where the blasthole contains sufficient depth of water 
to protect the primer from impact. Slit packages of prill, water gel, or 
emulsions are not considered rigid cartridges and may be drop loaded.



Sec. 57.6305  Unused explosive material.

    Unused explosive material shall be moved to a protected location as 
soon as practical after loading operations are completed.



Sec. 57.6306  Loading, blasting, and security.

    (a) When explosive materials or initiating systems are brought to 
the blast site, the blast site shall be attended; barricaded and posted 
with warning signs, such as ``Danger,'' ``Explosives,'' or ``Keep Out;'' 
or flagged against unauthorized entry.
    (b) Vehicles and equipment shall not be driven over explosive 
material or initiating systems in a manner which could contact the 
material or system, or create other hazards.
    (c) Once loading begins, the only activities permitted within the 
blast site shall be those activities directly related to the blasting 
operation and the activities of surveying, stemming, sampling of 
geology, and reopening of holes, provided that reasonable care is 
exercised. Haulage activity is permitted near the base of bench faces 
being loaded or awaiting firing, provided no other haulage access 
exists.
    (d) Loading and blasting shall be conducted in a manner designed to 
facilitate a continuous process, with the blast fired as soon as 
possible following the completion of loading. If blasting a loaded round 
may be delayed for more than 72 hours, the operator shall notify the 
appropriate MSHA district office.
    (e) In electric blasting prior to connecting to the power source, 
and in nonelectric blasting prior to attaching an initiating device, all 
persons shall leave the blast area except persons in a blasting shelter 
or other location that protects them from concussion (shock wave), 
flying material, and gases.
    (f) Before firing a blast--
    (1) Ample warning shall be given to allow all persons to be 
evacuated;
    (2) Clear exit routes shall be provided for persons firing the 
round; and
    (3) All access routes to the blast area shall be guarded or 
barricaded to prevent the passage of persons or vehicles.
    (g) Work shall not be resumed in the blast area until a post-blast 
examination addressing potential blast-related hazards has been 
conducted by a person with the ability and experience to perform the 
examination.



Sec. 57.6307  Drill stem loading.

    Explosive material shall not be loaded into blastholes with drill 
stem equipment or other devices that could be extracted while containing 
explosive material. The use of loading hose, collar sleeves, or collar 
pipes is permitted.



Sec. 57.6308  Initiation systems.

    Initiation systems shall be used in accordance with the 
manufacturer's instructions.



Sec. 57.6309  Fuel oil requirements for ANFO.

    (a) Liquid hydrocarbon fuels with flash points lower than that of 
No. 2 diesel oil (125 [deg]F) shall not be used to prepare ammonium 
nitrate-fuel oil, except that diesel fuels with flash points no lower 
than 100 [deg]F may be used at ambient air temperatures below 45 [deg]F.
    (b) Waste oil, including crankcase oil, shall not be used to prepare 
ammonium nitrate-fuel oil.



Sec. 57.6310  Misfire waiting period.

    When a misfire is suspected, persons shall not enter the blast 
area--
    (a) For 30 minutes if safety fuse and blasting caps are used; or

[[Page 357]]

    (b) For 15 minutes if any other type detonators are used.



Sec. 57.6311  Handling of misfires.

    (a) Faces and muck piles shall be examined for misfires after each 
blasting operation.
    (b) Only work necessary to remove a misfire and protect the safety 
of miners engaged in the removal shall be permitted in the affected area 
until the misfire is disposed of in a safe manner.
    (c) When a misfire cannot be disposed of safely, each approach to 
the area affected by the misfire shall be posted with a warning sign at 
a conspicuous location to prohibit entry, and the condition shall be 
reported immediately to mine management.
    (d) Misfires occurring during the shift shall be reported to mine 
management not later than the end of the shift.



Sec. 57.6312  Secondary blasting.

    Secondary blasts fired at the same time in the same work area shall 
be initiated from one source.

               Electric Blasting--Surface and Underground



Sec. 57.6400  Compatibility of electric detonators.

    All electric detonators to be fired in a round shall be from the 
same manufacturer and shall have similar electrical firing 
characteristics.



Sec. 57.6401  Shunting.

    Except during testing--
    (a) Electric detonators shall be kept shunted until connected to the 
blasting line or wired into a blasting round;
    (b) Wired rounds shall be kept shunted until connected to the 
blasting line; and
    (c) Blasting lines shall be kept shunted until immediately before 
blasting.



Sec. 57.6402  Deenergized circuits near detonators.

    Electrical distribution circuits within 50 feet of electric 
detonators at the blast site shall be deenergized. Such circuits need 
not be deenergized between 25 to 50 feet of the electric detonators if 
stray current tests, conducted as frequently as necessary, indicate a 
maximum stray current of less than 0.05 ampere through a 1-ohm resistor 
as measured at the blast site.



Sec. 57.6403  Branch circuits.

    (a) If electric blasting includes the use of branch circuits, each 
branch shall be equipped with a safety switch or equivalent method to 
isolate the circuits to be used.
    (b) At least one safety switch or equivalent method of protection 
shall be located outside the blast area and shall be in the open 
position until persons are withdrawn.



Sec. 57.6404  Separation of blasting circuits from power source.

    (a) Switches used to connect the power source to a blasting circuit 
shall be locked in the open position except when closed to fire the 
blast.
    (b) Lead wires shall not be connected to the blasting switch until 
the shot is ready to be fired.



Sec. 57.6405  Firing devices.

    (a) Power sources shall be capable of delivering sufficient current 
to energize all electric detonators to be fired with the type of 
circuits used. Storage or dry cell batteries are not permitted as power 
sources.
    (b) Blasting machines shall be tested, repaired, and maintained in 
accordance with manufacturer's instructions.
    (c) Only the blaster shall have the key or other control to an 
electrical firing device.



Sec. 57.6406  Duration of current flow.

    If any part of a blast is connected in parallel and is to be 
initiated from powerlines or lighting circuits, the time of current flow 
shall be limited to a maximum of 25 milliseconds. This can be 
accomplished by incorporating an arcing control device in the blasting 
circuit or by interrupting the circuit with an explosive device attached 
to one or both lead lines and initiated by a 25-millisecond delay 
electric detonator.



Sec. 57.6407  Circuit testing.

    A blasting galvanometer or other instrument designed for testing 
blasting circuits shall be used to test the following:

[[Page 358]]

    (a) In surface operations--
    (1) Continuity of each electric detonator in the blasthole prior to 
stemming and connection to the blasting line;
    (2) Resistance of individual series or the resistance of multiple 
balanced series to be connected in parallel prior to their connection to 
the blasting line;
    (3) Continuity of blasting lines prior to the connection of electric 
detonator series; and
    (4) Total blasting circuit resistance prior to connection to the 
power source.
    (b) In underground operations--
    (1) Continuity of each electric detonator series; and
    (2) Continuity of blasting lines prior to the connection of electric 
detonators.

              Nonelectric Blasting--Surface and Underground



Sec. 57.6500  Damaged initiating material.

    A visual check of the completed circuit shall be made to ensure that 
the components are properly aligned and connected. Safety fuse, igniter 
cord, detonating cord, shock or gas tubing, and similar material which 
is kinked, bent sharply, or damaged shall not be used.



Sec. 57.6501  Nonelectric initiation systems.

    (a) When the nonelectric initiation system uses shock tube--
    (1) Connections with other initiation devices shall be secured in a 
manner which provides for uninterrupted propagation;
    (2) Factory-made units shall be used as assembled and shall not be 
cut except that a single splice is permitted on the lead-in trunkline 
during dry conditions; and
    (3) Connections between blastholes shall not be made until 
immediately prior to clearing the blast site when surface delay 
detonators are used.
    (b) When the nonelectric initiation system uses detonating cord--
    (1) The line of detonating cord extending out of a blasthole shall 
be cut from the supply spool immediately after the attached explosive is 
correctly positioned in the hole;
    (2) In multiple row blasts, the trunkline layout shall be designed 
so that the detonation can reach each blasthole from at least two 
directions;
    (3) Connections shall be tight and kept at right angles to the 
trunkline;
    (4) Detonators shall be attached securely to the side of the 
detonating cord and pointed in the direction in which detonation is to 
proceed;
    (5) Connections between blastholes shall not be made until 
immediately prior to clearing the blast site when surface delay 
detonators are used; and
    (6) Lead-in lines shall be manually unreeled if connected to the 
trunklines at the blast site.
    (c) When nonelectric initiation systems use gas tube, continuity of 
the circuit shall be tested prior to blasting.



Sec. 57.6502  Safety fuse.

    (a) The burning rate of each spool of safety fuse to be used shall 
be measured, posted in locations which will be conspicuous to safety 
fuse users, and brought to the attention of all persons involved with 
the blasting operation.
    (b) When firing with safety fuse ignited individually using handheld 
lighters, the safety fuse shall be of lengths which provide at least the 
minimum burning time for a particular size round, as specified in the 
following table:

              Table E-1--Safety Fuse--Minimum Burning Time
------------------------------------------------------------------------
       Number of holes in a round             Minimum  burning time
------------------------------------------------------------------------
1......................................  2 min.\1\
2-5....................................  2 min. 40 sec.
6-10...................................  3 min. 20 sec.
11 to 15...............................  5 min.
------------------------------------------------------------------------
\1\ For example, at least a 36-inch length of 40-second-per-foot safety
  fuse or at least a 48-inch length of 30-second-per-foot safety fuse
  would have to be used to allow sufficient time to evacuate the area.

    (c) Where flyrock might damage exposed safety fuse, the blast shall 
be timed so that all safety fuses are burning within the blastholes 
before any blasthole detonates.
    (d) Fuse shall be cut and capped in dry locations.
    (e) Blasting caps shall be crimped to fuse only with implements 
designed for that purpose.

[[Page 359]]

    (f) Safety fuse shall be ignited only after the primer and the 
explosive material are securely in place.
    (g) Safety fuse shall be ignited only with devices designed for that 
purpose. Carbide lights, liquefied petroleum gas torches, and cigarette 
lighters shall not be used to light safety fuse.
    (h) At least two persons shall be present when lighting safety fuse, 
and no one shall light more than 15 individual fuses. If more than 15 
holes per person are to be fired, electric initiation systems, igniter 
cord and connectors, or other nonelectric initiation systems shall be 
used.

             Extraneous Electricity--Surface and Underground



Sec. 57.6600  Loading practices.

    If extraneous electricity is suspected in an area where electric 
detonators are used, loading shall be suspended until tests determine 
that stray current does not exceed 0.05 amperes through a 1-ohm resister 
when measured at the location of the electric detonators. If greater 
levels of extraneous electricity are found, the source shall be 
determined and no loading shall take place until the condition is 
corrected.



Sec. 57.6601  Grounding.

    Electric blasting circuits, including powerline sources when used, 
shall not be grounded.



Sec. 57.6602  Static electricity dissipation during loading.

    When explosive material is loaded pneumatically into a blasthole in 
a manner that generates a static electricity hazard--
    (a) An evaluation of the potential static electricity hazard shall 
be made and any hazard shall be eliminated before loading begins;
    (b) The loading hose shall be of a semiconductive type, have a total 
of not more than 2 megohms of resistance over its entire length and not 
less than 1000 ohms of resistance per foot;
    (c) Wire-countered hoses shall not be used;
    (d) Conductive parts of the loading equipment shall be bonded and 
grounded and grounds shall not be made to other potential sources of 
extraneous electricity; and
    (e) Plastic tubes shall not be used as hole liners if the hole 
contains an electric detonator.



Sec. 57.6603  Air gap.

    At least a 15-foot air gap shall be provided between the blasting 
circuit and the electric power source.



Sec. 57.6604  Precautions during storms.

    During the approach and progress of an electrical storm--
    (a) Surface blasting operations shall be suspended and persons 
withdrawn from the blast area or to a safe location; or
    (b) Underground electrical blasting operations that are capable of 
being initiated by lightning shall be suspended and all persons 
withdrawn from the blast area or to a safe location.



Sec. 57.6605  Isolation of blasting circuits.

    Lead wires and blasting lines shall be isolated and insulated from 
power conductors, pipelines, and railroad tracks, and shall be protected 
from sources of stray or static electricity. Blasting circuits shall be 
protected from any contact between firing lines and overhead powerlines 
which could result from the force of a blast.

                Equipment/Tools--Surface and Underground



Sec. 57.6700  Nonsparking tools.

    Only nonsparking tools shall be used to open containers of explosive 
material or to punch holes in explosive cartridges.



Sec. 57.6701  Tamping and loading pole requirements.

    Tamping and loading poles shall be of wood or other nonconductive, 
nonsparking material. Couplings for poles shall be nonsparking.

                  Maintenance--Surface and Underground



Sec. 57.6800  Storage facilities.

    When repair work which could produce a spark or flame is to be 
performed on a storage facility--

[[Page 360]]

    (a) The explosive material shall be moved to another facility, or 
moved at least 50 feet from the repair activity and monitored; and
    (b) The facility shall be cleaned to prevent accidental detonation.



Sec. 57.6801  Vehicle repair.

    Vehicles containing explosive material and oxidizers shall not be 
taken into a repair garage or shop.



Sec. 57.6802  Bulk delivery vehicles.

    No welding or cutting shall be performed on a bulk delivery vehicle 
until the vehicle has been washed down and all explosive material has 
been removed. Before welding or cutting on a hollow shaft, the shaft 
shall be thoroughly cleaned inside and out and vented with a minimum \1/
2\-inch diameter opening to allow for sufficient ventilation.



Sec. 57.6803  Blasting lines.

    Permanent blasting lines shall be properly supported. All blasting 
lines shall be insulated and kept in good repair.

              General Requirements--Surface and Underground



Sec. 57.6900  Damaged or deteriorated explosive material.

    Damaged or deteriorated explosive material shall be disposed of in a 
safe manner in accordance with the instructions of the manufacturer.



Sec. 57.6901  Black powder.

    (a) Black powder shall be used for blasting only when a desired 
result cannot be obtained with another type of explosive, such as in 
quarrying certain types of dimension stone.
    (b) Containers of black powder shall be--
    (1) Nonsparking;
    (2) Kept in a totally enclosed cargo space while being transported 
by a vehicle;
    (3) Securely closed at all times when--
    (i) Within 50 feet of any magazine or open flame;
    (ii) Within any building in which a fuel-fired or exposed-element 
electric heater is operating; or
    (iii) In an area where electrical or incandescent-particle sparks 
could result in powder ignition; and
    (4) Opened only when the powder is being transferred to a blasthole 
or another container and only in locations not listed in paragraph 
(b)(3) of this section.
    (c) Black powder shall be transferred from containers only by 
pouring.
    (d) Spills shall be cleaned up promptly with nonsparking equipment. 
Contaminated powder shall be put into a container of water and shall be 
disposed of promptly after the granules have disintegrated, or the spill 
area shall be flushed promptly with water until the granules have 
disintegrated completely.
    (e) Misfires shall be disposed of by washing the stemming and powder 
charge from the blasthole, and removing and disposing of the initiator 
in accordance with the requirement for damaged explosives.
    (f) Holes shall not be reloaded for at least 12 hours when the 
blastholes have failed to break as planned.



Sec. 57.6902  Excessive temperatures.

    (a) Where heat could cause premature detonation, explosive material 
shall not be loaded into hot areas, such as kilns or sprung holes.
    (b) When blasting sulfide ores where hot holes occur that may react 
with explosive material in blastholes, operators shall--
    (1) Measure an appropriate number of blasthole temperatures in order 
to assess the specific mine conditions prior to the introduction of 
explosive material;
    (2) Limit the time between the completion of loading and the 
initiation of the blast to no more than 12 hours; and
    (3) Take other special precautions to address the specific 
conditions at the mine to prevent premature detonation.



Sec. 57.6903  Burning explosive material.

    If explosive material is suspected of burning at the blast site, 
persons shall be evacuated from the endangered area and shall not return 
for at least one hour after the burning or suspected burning has 
stopped.

[[Page 361]]



Sec. 57.6904  Smoking and open flames.

    Smoking and use of open flames shall not be permitted within 50 feet 
of explosive material except when separated by permanent noncombustible 
barriers. This standard does not apply to devices designed to ignite 
safety fuse or to heating devices which do not create a fire or 
explosion hazard.



Sec. 57.6905  Protection of explosive material.

    (a) Explosive material shall be protected from temperatures in 
excess of 150 degrees Fahrenheit.
    (b) Explosive material shall be protected from impact, except for 
tamping and dropping during loading.

                 General Requirements--Underground Only



Sec. 57.6960  Mixing of explosive material.

    (a) The mixing of ingredients to produce explosive material shall 
not be conducted underground unless prior approval of the MSHA district 
manager is obtained. In granting or withholding approval, the district 
manager shall consider the potential hazards created by--
    (1) The location of the stored material and the storage practices 
used;
    (2) The transportation and use of the explosive material;
    (3) The nature of the explosive material, including its sensitivity;
    (4) Any other factor deemed relevant to the safety of miners 
potentially exposed to the hazards associated with the mixing of the 
bulk explosive material underground.
    (b) Storage facilities for the ingredients to be mixed shall provide 
drainage away from the facilities for leaks and spills.



               Subpart F_Drilling and Rotary Jet Piercing

                         Drilling--Surface Only



Sec. 57.7002  Equipment defects.

    Equipment defects affecting safety shall be corrected before the 
equipment is used.



Sec. 57.7003  Drill area inspection.

    The drilling area shall be inspected for hazards before starting the 
drilling operations.



Sec. 57.7004  Drill mast.

    Persons shall not be on a mast while the drill-bit is in operation 
unless they are provided with a safe platform from which to work and 
they are required to use safety belts to avoid falling.



Sec. 57.7005  Augers and drill stems.

    Drill crews and others shall stay clear of augers or drill stems 
that are in motion. Persons shall not pass under or step over a moving 
stem or auger.



Sec. 57.7008  Moving the drill.

    When a drill is being moved from one drilling area to another, drill 
steel, tools, and other equipment shall be secured and the mast placed 
in a safe position.



Sec. 57.7009  Drill helpers.

    If a drill helper assists the drill operator during movement of a 
drill to a new location, the helper shall be in sight of, or in 
communication with, the operator at all times.



Sec. 57.7010  Power failures.

    In the event of power failure, drill controls shall be placed in the 
neutral position until power is restored.



Sec. 57.7011  Straightening crossed cables.

    The drill stem shall be resting on the bottom of the hole or on the 
platform with the stem secured to the mast before attempts are made to 
straighten a crossed cable on a reel.



Sec. 57.7012  Tending drills in operation.

    While in operation, drills shall be attended at all times.



Sec. 57.7013  Covering or guarding drill holes.

    Drill holes large enough to constitute a hazard shall be covered or 
guarded.



Sec. 57.7018  Hand clearance.

    Persons shall not hold the drill steel while collaring holes, or 
rest their hands on the chuck or centralizer while drilling.

[[Page 362]]

                       Drilling--Underground Only



Sec. 57.7028  Hand clearance.

    Persons shall not rest their hands on the chuck or centralizer while 
drilling.



Sec. 57.7032  Anchoring.

    Columns and the drills mounted on them shall be anchored firmly 
before and during drilling.

                    Drilling--Surface and Underground



Sec. 57.7050  Tool and drill steel racks.

    Receptacles or racks shall be provided for drill steel and tools 
stored or carried on drills.



Sec. 57.7051  Loose objects on the mast or drill platform.

    To prevent injury to personnel, tools and other objects shall not be 
left loose on the mast or drill platform.



Sec. 57.7052  Drilling positions.

    Persons shall not drill from--
    (a) Positions which hinder their access to the control levers;
    (b) Insecure footing or insecure staging; or
    (c) Atop equipment not suitable for drilling.



Sec. 57.7053  Moving hand-held drills.

    Before hand-held drills are moved from one working area to another, 
air shall be turned off and bled from the hose.



Sec. 57.7054  Starting or moving drill equipment.

    Drill operators shall not start or move drilling equipment unless 
all miners are in the clear.



Sec. 57.7055  Intersecting holes.

    Holes shall not be drilled where there is a danger of intersecting a 
misfired hole or a hole containing explosives, blasting agents, or 
detonators.

[56 FR 46517, Sept. 12, 1991; 56 FR 52193, Oct. 18, 1991]



Sec. 57.7056  Collaring in bootlegs.

    Holes shall not be collared in bootlegs.

[56 FR 46517, Sept. 12, 1991]

                    Rotary Jet Piercing--Surface Only



Sec. 57.7801  Jet drills.

    Jet piercing drills shall be provided with:
    (a) A system to pressurize the equipment operator's cab, when a cab 
is provided; and
    (b) A protective cover over the oxygen flow indicator.



Sec. 57.7802  Oxygen hose lines.

    Safety chains or other suitable locking devices shall be provided 
across connections to and between high pressure oxygen hose lines of 1-
inch inside diameter or larger.



Sec. 57.7803  Lighting the burner.

    A suitable means of protection shall be provided for the employee 
when lighting the burner.



Sec. 57.7804  Refueling.

    When rotary jet piercing equipment requires refueling at locations 
other than fueling stations, a system for fueling without spillage shall 
be provided.



Sec. 57.7805  Smoking and open flames.

    Persons shall not smoke and open flames shall not be used in the 
vicinity of the oxygen storage and supply lines. Signs warning against 
smoking and open flames shall be posted in these areas.



Sec. 57.7806  Oxygen intake coupling.

    The oxygen intake coupling on jet piercing drills shall be 
constructed so that only the oxygen hose can be coupled to it.



Sec. 57.7807  Flushing the combustion chamber.

    The combustion chamber of a jet drill stem which has been sitting 
unoperated in a drill hole shall be flushed with a suitable solvent 
after the stem is pulled up.

[[Page 363]]



                          Subpart G_Ventilation

                         Surface and Underground



Sec. 57.8518  Main and booster fans.

    (a) All mine main and booster fans installed and used to ventilate 
the active workings of the mine shall be operated continuously while 
persons are underground in the active workings. However, this provision 
is not applicable during scheduled production-cycle shutdowns or planned 
or scheduled fan maintenance or fan adjustments where air quality is 
maintained in compliance with the applicable standards of subpart D of 
this part and all persons underground in the affected areas are advised 
in advance of such scheduled or planned fan shutdowns, maintenance, or 
adjustments.
    (b) In the event of main or booster fan failure due to a 
malfunction, accident, power failure, or other such unplanned or 
unscheduled event:
    (1) The air quality in the affected active workings shall be tested 
at least within 2-hours of the discovery of the fan failure, and at 
least every 4-hours thereafter by a competent person for compliance with 
the requirements of the applicable standards of subpart D of this part 
until normal ventilation is restored, or
    (2) All persons, except those working on the fan, shall be 
withdrawn, the ventilation shall be restored to normal and the air 
quality in the affected active workings shall be tested by a competent 
person to assure that the air quality meets the requirements of the 
standards in subpart D of this part, before any other persons are 
permitted to enter the affected active workings.



Sec. 57.8519  Underground main fan controls.

    All underground main fans shall have controls placed at a suitable 
protected location remote from the fan and preferably on the surface.

                            Underground Only



Sec. 57.8520  Ventilation plan.

    A plan of the mine ventilation system shall be set out by the 
operator in written form. Revisions of the system shall be noted and 
updated at least annually. The ventilation plan or revisions thereto 
shall be submitted to the District Manager for review and comments upon 
his written request. The plan shall, where applicable, contain the 
following:
    (a) The mine name.
    (b) The current mine map or schematic or series of mine maps or 
schematics of an appropriate scale, not greater than five hundred feet 
to the inch, showing:
    (1) Direction and quantity of principal air flows;
    (2) Locations of seals used to isolate abandoned workings;
    (3) Locations of areas withdrawn from the ventilation system;
    (4) Locations of all main, booster and auxiliary fans not shown in 
paragraph (d) of this standard.
    (5) Locations of air regulators and stoppings and ventilation doors 
not shown in paragraph (d) of this standard;
    (6) Locations of overcasts, undercasts and other airway crossover 
devices not shown in paragraph (d) of this standard;
    (7) Locations of known oil or gas wells;
    (8) Locations of known underground mine openings adjacent to the 
mine;
    (9) Locations of permanent underground shops, diesel fuel storage 
depots, oil fuel storage depots, hoist rooms, compressors, battery 
charging stations and explosive storage facilities. Permanent facilities 
are those intended to exist for one year or more; and
    (10) Significant changes in the ventilation system projected for one 
year.
    (c) Mine fan data for all active main and booster fans including 
manufacturer's name, type, size, fan speed, blade setting, approximate 
pressure at present operating point, and motor brake horsepower rating.
    (d) Diagrams, descriptions or sketches showing how ventilation is 
accomplished in each typical type of working place including the 
approximate quantity of air provided, and typical size and type of 
auxiliary fans used.
    (e) The number and type of internal combustion engine units used 
underground, including make and model of

[[Page 364]]

unit, type of engine, make and model of engine, brake horsepower rating 
of engine, and approval number.

[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995]



Sec. 57.8525  Main fan maintenance.

    Main fans shall be maintained according to either the manufacturer's 
recommendations or a written periodic schedule adopted by the operator 
which shall be available at the operation on request of the Secretary or 
his authorized representative.

[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995]



Sec. 57.8527  Oxygen-deficiency testing.

    Flame safety lamps or other suitable devices shall be used to test 
for acute oxygen deficiency.



Sec. 57.8528  Unventilated areas.

    Unventilated areas shall be sealed, or barricaded and posted against 
entry.



Sec. 57.8529  Auxiliary fan systems

    When auxiliary fan systems are used, such systems shall minimize 
recirculation and be maintained to provide ventilation air that 
effectively sweeps the working places.



Sec. 57.8531  Construction and maintenance of ventilation doors.

    Ventilation doors shall be--
    (a) Substantially constructed;
    (b) Covered with fire-retardant material, if constructed of wood;
    (c) Maintained in good condition;
    (d) Self-closing, if manually operated; and
    (e) Equipped with audible or visual warning devices, if mechanically 
operated.



Sec. 57.8532  Opening and closing ventilation doors.

    When ventilation control doors are opened as a part of the normal 
mining cycle, they shall be closed as soon as possible to re-establish 
normal ventilation to working places.



Sec. 57.8534  Shutdown or failure of auxiliary fans.

    (a) Auxiliary fans installed and used to ventilate the active 
workings of the mine shall be operated continuously while persons are 
underground in the active workings, except for scheduled production-
cycle shutdowns or planned or scheduled fan maintenance or fan 
adjustments where air quality is maintained in compliance with the 
applicable standards of subpart D of this part, and all persons 
underground in the affected areas are advised in advance of such 
scheduled or planned fan shutdowns, maintenance, or adjustments.
    (b) In the event of auxiliary fan failure due to malfunction, 
accident, power failure, or other such unplanned or unscheduled event:
    (1) The air quality in the affected active workings shall be tested 
at least within 2 hours of the discovery of the fan failure, and at 
least every 4 hours thereafter by a competent person for compliance with 
the requirements of the applicable standards of subpart D of this part 
until normal ventilation is restored, or
    (2) All persons, except those working on the fan, shall be 
withdrawn, the ventilation shall be restored to normal and the air 
quality in the affected active workings shall be tested by a competent 
person to assure that the air quality meets the requirements of the 
standards in subpart D of this part, before any other persons are 
permitted to enter the affected active workings.



Sec. 57.8535  Seals.

    Seals shall be provided with a means for checking the quality of air 
behind the seal and a means to prevent a water head from developing 
unless the seal is designed to impound water.



                 Subpart H_Loading, Hauling, and Dumping

    Source: 53 FR 32526, Aug. 25, 1988, unless otherwise noted.

                             Traffic Safety



Sec. 57.9100  Traffic control.

    To provide for the safe movement of self-propelled mobile 
equipment--
    (a) Rules governing speed, right-of-way, direction of movement, and 
the use of headlights to assure appropriate visibility, shall be 
established and followed at each mine; and

[[Page 365]]

    (b) Signs or signals that warn of hazardous conditions shall be 
placed at appropriate locations at each mine.



Sec. 57.9101  Operating speeds and control of equipment.

    Operators of self-propelled mobile equipment shall maintain control 
of the equipment while it is in motion. Operating speeds shall be 
consistent with conditions of roadways, tracks, grades, clearance, 
visibility, and traffic, and the type of equipment used.



Sec. 57.9102  Movement of independently operating rail equipment.

    Movement of two or more pieces of rail equipment operating 
independently on the same track shall be controlled for safe operation.



Sec. 57.9103  Clearance on adjacent tracks.

    Railcars shall not be left on side tracks unless clearance is 
provided for traffic on adjacent tracks.



Sec. 57.9104  Railroad crossings.

    Designated railroad crossings shall be posted with warning signs or 
signals, or shall be guarded when trains are passing. These crossings 
shall also be planked or filled between the rails.



Sec. 57.9160  Train movement during shift changes.

    During shift changes, the movement of underground trains carrying 
rock or material shall be limited to areas where the trains do not 
present a hazard to persons changing shifts.

                 Transportation of Persons and Materials



Sec. 57.9200  Transporting persons.

    Persons shall not be transported--
    (a) In or on dippers, forks, clamshells, or buckets except shaft 
buckets during shaft-sinking operations or during inspection, 
maintenance and repair of shafts.
    (b) In beds of mobile equipment or railcars, unless--
    (1) Provisions are made for secure travel, and
    (2) Means are taken to prevent accidental unloading if the equipment 
is provided with unloading devices;
    (c) On top of loads in mobile equipment;
    (d) Outside cabs, equipment operators' stations, and beds of mobile 
equipment, except when necessary for maintenance, testing, or training 
purposes, and provisions are made for secure travel. This provision does 
not apply to rail equipment.
    (e) Between cars of trains, on the leading end of trains, on the 
leading end of a single railcar, or in other locations on trains that 
expose persons to hazards from train movement.
    (1) This paragraph does not apply to car droppers if they are 
secured with safety belts and lines which prevent them from falling off 
the work platform.
    (2) Brakemen and trainmen are prohibited from riding between cars of 
moving trains but may ride on the leading end of trains or other 
locations when necessary to perform their duties;
    (f) To and from work areas in overcrowded mobile equipment;
    (g) In mobile equipment with materials or equipment unless the items 
are secured or are small and can be carried safely by hand without 
creating a hazard to persons; or
    (h) On conveyors unless the conveyors are designed to provide for 
their safe transportation.



Sec. 57.9201  Loading, hauling, and unloading of equipment or supplies.

    Equipment and supplies shall be loaded, transported, and unloaded in 
a manner which does not create a hazard to persons from falling or 
shifting equipment or supplies.



Sec. 57.9202  Loading and hauling large rocks.

    Large rocks shall be broken before loading if they could endanger 
persons or affect the stability of mobile equipment. Mobile equipment 
used for haulage of mined material shall be loaded to minimize spillage 
where a hazard to persons could be created.



Sec. 57.9260  Supplies, materials, and tools on mantrips.

    Supplies, materials, and tools, other than small items that can be 
carried by

[[Page 366]]

hand, shall not be transported underground with persons in mantrips. 
Mantrips shall be operated independently of ore or supply trips.



Sec. 57.9261  Transporting tools and materials on locomotives.

    Tools or materials shall not be carried on top of locomotives 
underground except for secured rerailing devices located in a manner 
which does not create a hazard to persons.

Safety Devices, Provisions, and Procedures for Roadways, Railroads, and 
                        Loading and Dumping Sites



Sec. 57.9300  Berms or guardrails.

    (a) Berms or guardrails shall be provided and maintained on the 
banks of roadways where a drop-off exists of sufficient grade or depth 
to cause a vehicle to overturn or endanger persons in equipment.
    (b) Berms or guardrails shall be at least mid-axle height of the 
largest self-propelled mobile equipment which usually travels the 
roadway.
    (c) Berms may have openings to the extent necessary for roadway 
drainage.
    (d) Where elevated roadways are infrequently traveled and used only 
by service or maintenance vehicles, berms or guardrails are not required 
when all of the following are met:
    (1) Locked gates are installed at the entrance points to the 
roadway.
    (2) Signs are posted warning that the roadway is not bermed.
    (3) Delineators are installed along the perimeter of the elevated 
roadway so that, for both directions of travel, the reflective surfaces 
of at least three delineators along each elevated shoulder are always 
visible to the driver and spaced at intervals sufficient to indicate the 
edges and attitude of the roadway.
    (4) A maximum speed limit is posted and observed for the elevated 
unbermed portions of the roadway. Factors to consider when establishing 
the maximum speed limit shall include the width, slope and alignment of 
the road, the type of equipment using the road, the road material, and 
any hazardous conditions which may exist.
    (5) Road surface traction is not impaired by weather conditions, 
such as sleet and snow, unless corrective measures, such as the use of 
tire chains, plowing, or sanding, are taken to improve traction.
    (e) This standard is not applicable to rail beds.

[53 FR 32526, Aug. 25, 1988, as amended at 55 FR 37218, Sept. 7, 1990]



Sec. 57.9301  Dump site restraints.

    Berms, bumper blocks, safety hooks, or similar impeding devices 
shall be provided at dumping locations where there is a hazard of 
overtravel or overturning.



Sec. 57.9302  Protection against moving or runaway railroad equipment.

    Stopblocks, derail devices, or other devices that protect against 
moving or runaway rail equipment shall be installed wherever necessary 
to protect persons.



Sec. 57.9303  Construction of ramps and dumping facilities.

    Ramps and dumping facilities shall be designed and constructed of 
materials capable of supporting the loads to which they will be 
subjected. The ramps and dumping facilities shall provide width, 
clearance, and headroom to safely accommodate the mobile equipment using 
the facilities.



Sec. 57.9304  Unstable ground.

    (a) Dumping locations shall be visually inspected prior to work 
commencing and as ground conditions warrant.
    (b) Where there is evidence that the ground at a dumping location 
may fail to support the mobile equipment, loads shall be dumped a safe 
distance back from the edge of the unstable area of the bank.



Sec. 57.9305  Truck spotters.

    (a) If truck spotters are used, they shall be in the clear while 
trucks are backing into dumping position or dumping.
    (b) Spotters shall use signal lights to direct trucks where 
visibility is limited.
    (c) When a truck operator cannot clearly recognize the spotter's 
signals, the truck shall be stopped.

[[Page 367]]



Sec. 57.9306  Warning devices for restricted clearances.

    Where restricted clearance creates a hazard to persons on mobile 
equipment, warning devices shall be installed in advance of the 
restricted area and the restricted area shall be conspicuously marked.



Sec. 57.9307  Design, installation, and maintenance of railroads.

    Roadbeds and all elements of the railroad tracks shall be designed, 
installed, and maintained to provide safe operation consistent with the 
speed and type of haulage used.



Sec. 57.9308  Switch throws.

    Switch throws shall be installed to provide clearance to protect 
switchmen from contact with moving trains.



Sec. 57.9309  Chute design.

    Chute-loading installations shall be designed to provide a safe 
location for persons pulling chutes.



Sec. 57.9310  Chute hazards.

    (a) Prior to chute-pulling, persons who could be affected by the 
draw or otherwise exposed to danger shall be warned and given time to 
clear the hazardous area.
    (b) Persons attempting to free chute hangups shall be experienced 
and familiar with the task, know the hazards involved, and use the 
proper tools to free material.
    (c) When broken rock or material is dumped into an empty chute, the 
chute shall be equipped with a guard or all persons shall be isolated 
from the hazard of flying rock or material.



Sec. 57.9311  Anchoring stationary sizing devices.

    Grizzlies and other stationary sizing devices shall be securely 
anchored.



Sec. 57.9312  Working around drawholes.

    Unless platforms or safety lines are used, persons shall not 
position themselves over drawholes if there is danger that broken rock 
or material may be withdrawn or bridged.



Sec. 57.9313  Roadway maintenance.

    Water, debris, or spilled material on roadways which creates hazards 
to the operation of mobile equipment shall be removed.



Sec. 57.9314  Trimming stockpile and muckpile faces.

    Stockpile and muckpile faces shall be trimmed to prevent hazards to 
persons.



Sec. 57.9315  Dust control.

    Dust shall be controlled at muck piles, material transfer points, 
crushers, and on haulage roads where hazards to persons would be created 
as a result of impaired visibility.



Sec. 57.9316  Notifying the equipment operator.

    When an operator of self-propelled mobile equipment is present, 
persons shall notify the equipment operator before getting on or off 
that equipment.



Sec. 57.9317  Suspended loads.

    Persons shall not work or pass under the buckets or booms of loaders 
in operation.



Sec. 57.9318  Getting on or off moving equipment.

    Persons shall not get on or off moving mobile equipment. This 
provision does not apply to trainmen, brakemen, and car droppers who are 
required to get on or off slowly moving trains in the performance of 
their work duties.



Sec. 57.9319  Going over, under, or between railcars.

    Persons shall not go over, under, or between railcars unless--
    (a) The train is stopped; and
    (b) The train operator, when present, is notified and the notice 
acknowledged.



Sec. 57.9330  Clearance for surface equipment.

    Continuous clearance of at least 30 inches from the farthest 
projection of moving railroad equipment shall be provided on at least 
one side of the tracks at all locations where possible or the area shall 
be marked conspicuously.

[[Page 368]]



Sec. 57.9360  Shelter holes.

    (a) Shelter holes shall be--
    (1) Provided at intervals adequate to assure the safety of persons 
along underground haulageways where continuous clearance of at least 30 
inches cannot be maintained from the farthest projection of moving 
equipment on at least one side of the haulageway; and
    (2) At least four feet wide, marked conspicuously, and provide a 
minimum 40-inch clearance from the farthest projection of moving 
equipment.
    (b) Shelter holes shall not be used for storage unless a 40-inch 
clearance is maintained.



Sec. 57.9361  Drawholes.

    To prevent hazards to persons underground, collars of open drawholes 
shall be free of muck or materials except during transfer of the muck or 
material through the drawhole.



Sec. 57.9362  Protection of signalmen.

    Signalmen used during slushing operations underground shall be 
located away from possible contact with cables, sheaves, and slusher 
buckets.



                        Subpart I_Aerial Tramways



Sec. 57.10001  Filling buckets.

    Buckets shall not be overloaded, and feed shall be regulated to 
prevent spillage.



Sec. 57.10002  Inspection and maintenance.

    Inspection and maintenance of carriers (including loading and 
unloading mechanisms), ropes and supports, and brakes shall be performed 
by competent persons according to the recommendations of the 
manufacturer.



Sec. 57.10003  Correction of defects.

    Any hazardous defects shall be corrected before the equipment is 
used.



Sec. 57.10004  Brakes.

    Positive-action-type brakes and devices which apply the brakes 
automatically in the event of a power failure shall be provided on 
aerial tramways.



Sec. 57.10005  Track cable connections.

    Track cable connections shall not obstruct the passage of carriage 
wheels.



Sec. 57.10006  Tower guards.

    Towers shall be suitably protected from swaying buckets.



Sec. 57.10007  Falling object protection.

    Guard nets or other suitable protection shall be provided where 
tramways pass over roadways, walkways, or buildings.



Sec. 57.10008  Riding tramways.

    Persons other than maintenance persons shall not ride aerial 
tramways unless the following features are provided.
    (a) Two independent brakes, each capable of holding the maximum 
load;
    (b) Direct communication between terminals;
    (c) Power drives with emergency power available in case of primary 
power failure; and
    (d) Buckets equipped with positive locks to prevent accidental 
tripping or dumping.



Sec. 57.10009  Riding loaded buckets.

    Persons shall not ride loaded buckets.



Sec. 57.10010  Starting precautions.

    Where possible, aerial tramways shall not be started until the 
operator has ascertained that everyone is in the clear.



                   Subpart J_Travelways and Escapeways

                   Travelways--Surface and Underground



Sec. 57.11001  Safe access.

    Safe means of access shall be provided and maintained to all working 
places.



Sec. 57.11002  Handrails and toeboards.

    Crossovers, elevated walkways, elevated ramps, and stairways shall 
be of substantial construction, provided with handrails, and maintained 
in good condition. Where necessary, toeboards shall be provided.

[[Page 369]]



Sec. 57.11003  Construction and maintenance of ladders.

    Ladders shall be of substantial construction and maintained in good 
condition.



Sec. 57.11004  Portable rigid ladders.

    Portable rigid ladders shall be provided with suitable bases and 
placed securely when used.



Sec. 57.11005  Fixed ladder anchorage and toe clearance.

    Fixed ladders shall be anchored securely and installed to provide at 
least 3 inches of toe clearance.



Sec. 57.11006  Fixed ladder landings.

    Fixed ladders shall project at least 3 feet above landings, or 
substantial handholds shall be provided above the landings.



Sec. 57.11007  Wooden components of ladders.

    Wooden components of ladders shall not be painted except with a 
transparent finish.



Sec. 57.11008  Restricted clearance.

    Where restricted clearance creates a hazard to persons, the 
restricted clearance shall be conspicuously marked.

[53 FR 32528, Aug. 25, 1988]



Sec. 57.11009  Walkways along conveyors.

    Walkways with outboard railings shall be provided wherever persons 
are required to walk alongside elevated conveyor belts. Inclined railed 
walkways shall be nonskid or provided with cleats.



Sec. 57.11010  Stairstep clearance.

    Vertical clearance above stair steps shall be a minimum of seven 
feet, or suitable warning signs or similar devices shall be provided to 
indicate an impaired clearance.



Sec. 57.11011  Use of ladders.

    Persons using ladders shall face the ladders and have both hands 
free for climbing and descending.



Sec. 57.11012  Protection for openings around travelways.

    Openings above, below, or near travelways through which persons or 
materials may fall shall be protected by railings, barriers, or covers. 
Where it is impractical to install such protective devices, adequate 
warning signals shall be installed.



Sec. 57.11013  Conveyor crossovers.

    Crossovers shall be provided where it is necessary to cross 
conveyors.



Sec. 57.11014  Crossing moving conveyors.

    Moving conveyors shall be crossed only at designated crossover 
points.



Sec. 57.11016  Snow and ice on walkways and travelways.

    Regularly used walkways and travelways shall be sanded, salted, or 
cleared of snow and ice as soon as practicable.



Sec. 57.11017  Inclined fixed ladders.

    Fixed ladders shall not incline backwards.

                        Travelways--Surface Only



Sec. 57.11025  Railed landings, backguards, and other protection for fixed ladders.

    Fixed ladders, except on mobile equipment, shall be offset and have 
substantial railed landings at least every 30 feet unless backguards or 
equivalent protection such as safety belts and safety lines, are 
provided.



Sec. 57.11026  Protection for inclined fixed ladders.

    Fixed ladders 70 degrees to 90 degrees from the horizonal and 30 
feet or more in length shall have backguards, cages or equivalent 
protection, starting at a point not more than seven feet from the bottom 
of the ladders.



Sec. 57.11027  Scaffolds and working platforms.

    Scaffolds and working platforms shall be of substantial construction 
and provided with handrails and maintained in good condition. 
Floorboards shall be laid properly and the scaffolds and working 
platform shall not be overloaded. Working platforms shall be

[[Page 370]]

provided with toeboards when necessary.

                      Travelways--Underground Only



Sec. 57.11036  Ladderway trap doors and guards.

    Trap doors or adequate guarding shall be provided in ladderways at 
each level. Doors shall be kept operable.



Sec. 57.11037  Ladderway openings.

    Ladderways constructed after November 15, 1979, shall have a minimum 
unobstructed cross-sectional opening of 24 inches by 24 inches measured 
from the face of the ladder.



Sec. 57.11038  Entering a manway.

    Before entering a manway where persons may be working or traveling, 
a warning shall be given by the person entering the manway and 
acknowledged by any person present in the manway.



Sec. 57.11040  Inclined travelways.

    Travelways steeper than 35 degrees from the horizontal shall be 
provided with ladders or stairways.



Sec. 57.11041  Landings for inclined ladderways.

    Fixed ladders with an inclination of more than 70 degrees from the 
horizontal shall be offset with substantial landings at least every 30 
feet or have landing gates at least every 30 feet.

                      Escapeways--Underground Only



Sec. 57.11050  Escapeways and refuges.

    (a) Every mine shall have two or more separate, properly maintained 
escapeways to the surface from the lowest levels which are so positioned 
that damage to one shall not lessen the effectiveness of the others. A 
method of refuge shall be provided while a second opening to the surface 
is being developed. A second escapeway is recommended, but not required, 
during the exploration or development of an ore body.
    (b) In addition to separate escapeways, a method of refuge shall be 
provided for every employee who cannot reach the surface from his 
working place through at least two separate escapeways within a time 
limit of one hour when using the normal exit method. These refuges must 
be positioned so that the employee can reach one of them within 30 
minutes from the time he leaves his workplace.



Sec. 57.11051  Escape routes.

    Escape routes shall be--
    (a) Inspected at regular intervals and maintained in safe, 
travelable condition; and
    (b) Marked with conspicuous and easily read direction signs that 
clearly indicate the ways of escape.



Sec. 57.11052  Refuge areas.

    Refuge areas shall be--
    (a) Of fire-resistant construction, preferably in untimbered areas 
of the mine;
    (b) Large enough to accommodate readily the normal number of persons 
in the particular area of the mine;
    (c) Constructed so they can be made gastight; and
    (d) Provided with compressed air lines, waterlines, suitable 
handtools, and stopping materials.



Sec. 57.11053  Escape and evacuation plans.

    A specific escape and evacuation plan and revisions thereof suitable 
to the conditions and mining system of the mine and showing assigned 
responsibilities of all key personnel in the event of an emergency shall 
be developed by the operator and set out in written form. Within 45 
calendar days after promulgation of this standard a copy of the plan and 
revisions thereof shall be available to the Secretary or his authorized 
representative. Also, copies of the plan and revisions thereof shall be 
posted at locations convenient to all persons on the surface and 
underground. Such a plan shall be updated as necessary and shall be 
reviewed jointly by the operator and the Secretary or his authorized 
representative at least once every six months from the date of the last 
review. The plan shall include:
    (a) Mine maps or diagrams showing directions of principal air flow, 
location of escape routes and locations of

[[Page 371]]

existing telephones, primary fans, primary fan controls, fire doors, 
ventilation doors, and refuge chambers. Appropriate portions of such 
maps or diagrams shall be posted at all shaft stations and in 
underground shops, lunchrooms, and elsewhere in working areas where 
persons congregate;
    (b) Procedures to show how the miners will be notified of emergency;
    (c) An escape plan for each working area in the mine to include 
instructions showing how each working area should be evacuated. Each 
such plan shall be posted at appropriate shaft stations and elsewhere in 
working areas where persons congregate;
    (d) A fire fighting plan;
    (e) Surface procedure to follow in an emergency, including the 
notification of proper authorities, preparing rescue equipment, and 
other equipment which may be used in rescue and recovery operations; and
    (f) A statement of the availability of emergency communication and 
transportation facilities, emergency power and ventilation and location 
of rescue personnel and equipment.

[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33722, June 29, 1995]



Sec. 57.11054  Communication with refuge chambers.

    Telephone or other voice communication shall be provided between the 
surface and refuge chambers and such systems shall be independent of the 
mine power supply.



Sec. 57.11055  Inclined escapeways.

    Any portion of a designated escapeway which is inclined more than 30 
degrees from the horizontal and that is more than 300 feet in vertical 
extent shall be provided with an emergency hoisting facility.



Sec. 57.11056  Emergency hoists.

    The procedure for inspection, testing and maintenance required by 
standard 57.19120 shall be utilized at least every 30 days for hoists 
designated as emergency hoists in any evacuation plan.



Sec. 57.11058  Check-in, check-out system.

    Each operator of an underground mine shall establish a check-in and 
check-out system which shall provide an accurate record of persons in 
the mine. These records shall be kept on the surface in a place chosen 
to minimize the danger of destruction by fire or other hazards. Every 
person underground shall carry a positive means of being identified.



Sec. 57.11059  Respirable atmosphere for hoist operators underground.

    For the protection of operators of hoists located underground which 
are part of the mine escape and evacuation plan required under standard 
57.11053, the hoist operator shall be provided with a respirable 
atmosphere completely independent of the mine atmosphere. This 
independent ventilation system shall convert, without contamination, to 
an approved and properly maintained 2-hour self-contained breathing 
apparatus to provide a safe means of escape for the hoist operator after 
the hoisting duties have been completed as prescribed in the mine escape 
and evacuation plan for that hoist. The hoist operator's independent 
ventilation system shall be provided by one of the following methods:
    (a) A suitable enclosure equipped with a positive pressure 
ventilation system which may be operated continuously or be capable of 
immediate activation from within the enclosure during an emergency 
evacuation. Air for the enclosure's ventilation system shall be provided 
in one of the following ways:
    (1) Air coursed from the surface through a borehole into the hoist 
enclosure directly or through a metal pipeline from such borehole; or
    (2) Air coursed from the surface through metal duct work into the 
hoist enclosure, although this duct work shall not be located in timber-
supported active workings; or
    (3) Air supplied by air compressors located on the surface and 
coursed through metal pipe into the hoist enclosure.
    A back-up system shall be provided for a hoist enclosure ventilation 
system provided by either of the methods set forth in paragraphs (a) (2) 
and (3) of this section. This back-up system shall consist of compressed 
air stored in containers connected to the enclosure. This back-up system 
shall provide and

[[Page 372]]

maintain a respirable atmosphere in the enclosure for a period of time 
equal to at least twice the time necessary to complete the evacuation of 
all persons designated to use that hoist as prescribed in the mine 
escape and evacuation plan required under standard 57.11053; or
    (b) An approved and properly maintained self-contained breathing 
apparatus system which shall consist of a mask connected to compressed 
air stored in containers adjacent to the hoist controls. The self-
contained breathing system shall provide a minimum of 24 hours of 
respirable atmosphere to the hoist operator. In addition, the self-
contained breathing system shall be capable of a quick connect with the 
approved 2-hour self-contained breathing apparatus above.



                          Subpart K_Electricity

                         Surface and Underground



Sec. 57.12001  Circuit overload protection.

    Circuits shall be protected against excessive overloads by fuses or 
circuit breakers of the correct type and capacity.



Sec. 57.12002  Controls and switches.

    Electric equipment and circuits shall be provided with switches or 
other controls. Such switches or controls shall be of approved design 
and construction and shall be properly installed.



Sec. 57.12003  Trailing cable overload protection.

    Individual overload protection or short circuit protection shall be 
provided for the trailing cables of mobile equipment.



Sec. 57.12004  Electrical conductors.

    Electrical conductors shall be of a sufficient size and current-
carrying capacity to ensure that a rise in temperature resulting from 
normal operations will not damage the insulating materials. Electrical 
conductors exposed to mechanical damage shall be protected.



Sec. 57.12005  Protection of power conductors from mobile equipment.

    Mobile equipment shall not run over power conductors, nor shall 
loads be dragged over power conductors, unless the conductors are 
properly bridged or protected.



Sec. 57.12006  Distribution boxes.

    Distribution boxes shall be provided with a disconnecting device for 
each branch circuit. Such disconnecting devices shall be equipped or 
designed in such a manner that it can be determined by visual 
observation when such a device is open and that the circuit is 
deenergized, and the distribution box shall be labeled to show which 
circuit each device controls.



Sec. 57.12007  Junction box connection procedures.

    Trailing cable and power-cable connections to junction boxes shall 
not be made or broken under load.



Sec. 57.12008  Insulation and fittings for power wires and cables.

    Power wires and cables shall be insulated adequately where they pass 
into or out of electrical compartments. Cables shall enter metal frames 
of motors, splice boxes, and electrical compartments only through proper 
fittings. When insulated wires, other than cables, pass through metal 
frames, the holes shall be substantially bushed with insulated bushings.



Sec. 57.12010  Isolation or insulation of communication conductors.

    Telephone and low-potential signal wire shall be protected, by 
isolation or suitable insulation, or both, from contacting energized 
power conductors or any other power source.



Sec. 57.12011  High-potential electrical conductors.

    High-potential electrical conductors shall be covered, insulated, or 
placed to prevent contact with low potential conductors.



Sec. 57.12012  Bare signal wires.

    The potential on bare signal wires accessible to contact by persons 
shall not exceed 48 volts.

[[Page 373]]



Sec. 57.12013  Splices and repairs of power cables.

    Permanent splices and repairs made in power cables, including the 
ground conductor where provided, shall be--
    (a) Mechanically strong with electrical conductivity as near as 
possible to that of the original;
    (b) Insulated to a degree at least equal to that of the original, 
and sealed to exclude moisture; and,
    (c) Provided with damage protection as near as possible to that of 
the original, including good bonding to the outer jacket.



Sec. 57.12014  Handling energized power cables.

    Power cables energized to potentials in excess of 150 volts, phase-
to-ground, shall not be moved with equipment unless sleds or slings, 
insulated from such equipment, are used. When such energized cables are 
moved manually, insulated hooks, tongs, ropes, or slings shall be used 
unless suitable protection for persons is provided by other means. This 
does not prohibit pulling or dragging of cable by the equipment it 
powers when the cable is physically attached to the equipment by 
suitable mechanical devices, and the cable is insulated from the 
equipment in conformance with other standards in this part.



Sec. 57.12016  Work on electrically-powered equipment.

    Electrically powered equipment shall be deenergized before 
mechanical work is done on such equipment. Power switches shall be 
locked out or other measures taken which shall prevent the equipment 
from being energized without the knowledge of the individuals working on 
it. Suitable warning notices shall be posted at the power switch and 
signed by the individuals who are to do the work. Such locks or 
preventive devices shall be removed only by the persons who installed 
them or by authorized personnel.



Sec. 57.12017  Work on power circuits.

    Power circuits shall be deenergized before work is done on such 
circuits unless hot-line tools are used. Suitable warning signs shall be 
posted by the individuals who are to do the work. Switches shall be 
locked out or other measures taken which shall prevent the power 
circuits from being energized without the knowledge of the individuals 
working on them. Such locks, signs, or preventive devices shall be 
removed only by the person who installed them or by authorized 
personnel.



Sec. 57.12018  Identification of power switches.

    Principal power switches shall be labeled to show which units they 
control, unless identification can be made readily by location.



Sec. 57.12019  Access to stationary electrical equipment or switchgear.

    Where access is necessary, suitable clearance shall be provided at 
stationary electrical equipment or switchgear.



Sec. 57.12020  Protection of persons at switchgear.

    Dry wooden platforms, insulating mats, or other electrically-
nonconductive material shall be kept in place at all switchboards and 
power-control switches where shock hazards exist. However, metal plates 
on which a person normally would stand and which are kept at the same 
potential as the grounded, metal, non-current-carrying parts of the 
power switches to be operated may be used.



Sec. 57.12021  Danger signs.

    Suitable danger signs shall be posted at all major electrical 
installations.



Sec. 57.12022  Authorized persons at major electrical installations.

    Areas containing major electrical installations shall be entered 
only by authorized persons.



Sec. 57.12023  Guarding electrical connections and resistor grids.

    Electrical connections and resistor grids that are difficult or 
impractical to insulate shall be guarded, unless protection is provided 
by location.



Sec. 57.12025  Grounding circuit enclosures.

    All metal enclosing or encasing electrical circuits shall be 
grounded or provided with equivalent protection. This

[[Page 374]]

requirement does not apply to battery-operated equipment.



Sec. 57.12026  Grounding transformer and switchgear enclosures.

    Metal fencing and metal buildings enclosing transformers and 
switchgear shall be grounded.



Sec. 57.12027  Grounding mobile equipment.

    Frame grounding or equivalent protection shall be provided for 
mobile equipment powered through trailing cables.



Sec. 57.12028  Testing grounding systems.

    Continuity and resistance of grounding systems shall be tested 
immediately after installation, repair, and modification; and annually 
thereafter. A record of the resistance measured during the most recent 
test shall be made available on a request by the Secretary or his duly 
authorized representative.



Sec. 57.12030  Correction of dangerous conditions.

    When a potentially dangerous condition is found it shall be 
corrected before equipment or wiring is energized.



Sec. 57.12032  Inspection and cover plates.

    Inspection and cover plates on electrical equipment and junction 
boxes shall be kept in place at all times except during testing or 
repairs.



Sec. 57.12033  Hand-held electric tools.

    Hand-held electric tools shall not be operated at high potential 
voltages.



Sec. 57.12034  Guarding around lights.

    Portable extension lights, and other lights that by their location 
present a shock or burn hazard, shall be guarded.



Sec. 57.12035  Weatherproof lamp sockets.

    Lamp sockets shall be of a weatherproof type where they are exposed 
to weather or wet conditions that may interfere with illumination or 
create a shock hazard.



Sec. 57.12036  Fuse removal or replacement.

    Fuses shall not be removed or replaced by hand in an energized 
circuit, and they shall not otherwise be removed or replaced in an 
energized circuit unless equipment and techniques especially designed to 
prevent electrical shock are provided and used for such purpose.



Sec. 57.12037  Fuses in high-potential circuits.

    Fuse tongs or hotline tools, shall be used when fuses are removed or 
replaced in high-potential circuits.



Sec. 57.12038  Attachment of trailing cables.

    Trailing cables shall be attached to machines in a suitable manner 
to protect the cable from damage and to prevent strain on the electrical 
connections.



Sec. 57.12039  Protection of surplus trailing cables.

    Surplus trailing cables to shovels, cranes and similar equipment 
shall be--
    (a) Stored in cable boats;
    (b) Stored on reels mounted on the equipment; or
    (c) Otherwise protected from mechanical damage.



Sec. 57.12040  Installation of operating controls.

    Operating controls shall be installed so that they can be operated 
without danger of contact with energized conductors.



Sec. 57.12041  Design of switches and starting boxes.

    Switches and starting boxes shall be of safe design and capacity.



Sec. 57.12042  Track bonding.

    Both rails shall be bonded or welded at every joint and rails shall 
be crossbonded at least every 200 feet if the track serves as the return 
trolley circuit. When rails are moved, replaced, or broken bonds are 
discovered, they shall be rebonded within three working shifts.



Sec. 57.12045  Overhead powerlines.

    Overhead high-potential powerlines shall be installed as specified 
by the National Electrical Code.

[[Page 375]]



Sec. 57.12047  Guy wires.

    Guy wires of poles supporting high-voltage transmission lines shall 
meet the requirements for grounding or insulator protection of the 
National Electrical Safety Code, part 2, entitled ``Safety Rules for the 
Installation and Maintenance of Electric Supply and Communication 
Lines'' (also referred to as National Bureau of Standards Hand- book 81, 
Nov. 1, 1961), and Supplement 2 thereof issued March 1968, which are 
hereby incorporated by reference and made a part hereof. These 
publications and documents may be obtained from the Superintendent of 
Documents, U.S. Government Printing Office, Washington, DC 20402, or may 
be examined in any Metal and Nonmetal Mine Safety and Health District 
Office of the Mine Safety and Health Administration.

[53 FR 32526, Aug. 25, 1988, as amended at 60 FR 35695, July 11, 1995]



Sec. 57.12048  Communication conductors on power poles.

    Telegraph, telephone, or signal wires shall not be installed on the 
same crossarm with power conductors. When carried on poles supporting 
powerlines, they shall be installed as specified by the National 
Electrical Code.



Sec. 57.12050  Installation of trolley wires.

    Trolley wires shall be installed at least seven feet above rails 
where height permits, and aligned and supported to suitably control sway 
and sag.



Sec. 57.12053  Circuits powered from trolley wires.

    Ground wires for lighting circuits powered from trolley wires shall 
be connected securely to the ground return circuit.

                              Surface Only



Sec. 57.12065  Short circuit and lightning protection.

    Powerlines, including trolley wires, and telephone circuits shall be 
protected against short circuits and lightning.



Sec. 57.12066  Guarding trolley wires and bare powerlines.

    Where metallic tools or equipment can come in contact with trolley 
wires or bare powerlines, the lines shall be guarded or deenergized.



Sec. 57.12067  Installation of transformers.

    Transformers shall be totally enclosed, or shall be placed at least 
8 feet above the ground, or installed in a transformer house, or 
surrounded by a substantial fence at least 6 feet high and at least 3 
feet from any energized parts, casings, or wiring.



Sec. 57.12068  Locking transformer enclosures.

    Transformer enclosures shall be kept locked against unauthorized 
entry.



Sec. 57.12069  Lightning protection for telephone wires and ungrounded 
conductors.

    Each ungrounded conductor or telephone wire that leads underground 
and is directly exposed to lightning shall be equipped with suitable 
lightning arrestors of approved type within 100 feet of the point where 
the circuit enters the mine. Lightning arrestors shall be connected to a 
low resistance grounding medium on the surface and shall be separated 
from neutral grounds by a distance of not less than 25 feet.



Sec. 57.12071  Movement or operation of equipment near high-voltage powerlines.

    When equipment must be moved or operated near energized high-voltage 
powerlines (other than trolley lines) and the clearance is less than 10 
feet, the lines shall be deenergized or other precautionary measures 
shall be taken.

                            Underground Only



Sec. 57.12080  Bare conductor guards.

    Trolley wires and bare power conductors shall be guarded at mantrip 
loading and unloading points, and at shaft stations. Where such trolley 
wires and bare power conductors are less than 7 feet above the rail, 
they shall be guarded at all points where persons work or pass regularly 
beneath.

[[Page 376]]



Sec. 57.12081  Bonding metal pipelines to ground return circuits.

    All metal pipelines, 1,000 feet or more in length running parallel 
to trolley tracks, that are used as a ground return circuit shall be 
bonded to the return circuit rail at the ends of the pipeline and at 
intervals not to exceed 500 feet.



Sec. 57.12082  Isolation of powerlines.

    Powerlines shall be well separated or insulated from waterlines, 
telephone lines and air lines.



Sec. 57.12083  Support of power cables in shafts and boreholes.

    Power cables in shafts and boreholes shall be fastened securely in 
such a manner as to prevent undue strain on the sheath, insulation, or 
conductors.



Sec. 57.12084  Branch circuit disconnecting devices.

    Disconnecting switches that can be opened safely under load shall be 
provided underground at all branch circuits extending from primary power 
circuits near shafts, adits, levels and boreholes.



Sec. 57.12085  Transformer stations.

    Transformer stations shall be enclosed to prevent persons from 
unintentionally or inadvertently contacting energized parts.



Sec. 57.12086  Location of trolley wire.

    Trolley and trolley feeder wire shall be installed opposite the 
clearance side of haulageways. However, this standard does not apply 
where physical limitations would prevent the safe installation or use of 
such trolley and trolley feeder wire.



Sec. 57.12088  Splicing trailing cables.

    No splice, except a vulcanized splice or its equivalent, shall be 
made in a trailing cable within 25 feet of the machine unless the 
machine is equipped with a cable reel or other power feed cable payout-
retrieval system. However, a temporary splice may be made to move the 
equipment for repair.



                  Subpart L_Compressed Air and Boilers



Sec. 57.13001  General requirements for boilers and pressure vessels.

    All boilers and pressure vessels shall be constructed, installed, 
and maintained in accordance with the standards and specifications of 
the American Society of Mechanical Engineers Boiler and Pressure Vessel 
Code.



Sec. 57.13010  Reciprocating-type air compressors.

    (a) Reciprocating-type air compressors rated over 10 horsepower 
shall be equipped with automatic temperature-actuated shutoff mechanisms 
which shall be set or adjusted to the compressor when the normal 
operating temperature is exceeded by more than 25 percent.
    (b) However, this standard does not apply to reciprocating-type air 
compressors rated over 10 horsepower if equipped with fusible plugs that 
were installed in the compressor discharge lines before November 15, 
1979, and designed to melt at temperatures at least 50 degrees below the 
flash point of the compressors' lubricating oil.



Sec. 57.13011  Air receiver tanks.

    Air receiver tanks shall be equipped with one or more automatic 
pressure-relief valves. The total relieving capacity of the relief 
valves shall prevent pressure from exceeding the maximum allowable 
working pressure in a receiver tank by not more than 10 percent. Air 
receiver tanks also shall be equipped with indicating pressure gages 
which accurately measure the pressure within the air receiver tanks.



Sec. 57.13012  Compressor air intakes.

    Compressor air intakes shall be installed to ensure that only clean, 
uncontaminated air enters the compressors.



Sec. 57.13015  Inspection of compressed-air receivers and other unfired 
pressure vessels.

    (a) Compressed-air receivers and other unfired pressure vessels 
shall be inspected by inspectors holding a valid National Board 
Commission and in accordance with the applicable chapters

[[Page 377]]

of the National Board Inspection Code, a Manual for Boiler and Pressure 
Vessel Inspectors, 1979. This code is incorporated by reference and made 
a part of this standard. It may be examined at any Metal and Nonmetal 
Mine Safety and Health District Office of the Mine Safety and Health 
Administration, and may be obtained from the publisher, the National 
Board of Boiler and Pressure Vessel Inspectors, 1055 Crupper Avenue, 
Columbus, Ohio 43229.
    (b) Records of inspections shall be kept in accordance with 
requirements of the National Board Inspection Code, and the records 
shall be made available to the Secretary or his authorized 
representative.



Sec. 57.13017  Compressor discharge pipes.

    Compressor discharge pipes where carbon build-up may occur shall be 
cleaned periodically as recommended by the manufacturer, but no less 
frequently than once every two years.



Sec. 57.13019  Pressure system repairs.

    Repairs involving the pressure system of compressors, receivers, or 
compressed-air-powered equipment shall not be attempted until the 
pressure has been bled off.



Sec. 57.13020  Use of compressed air.

    At no time shall compressed air be directed toward a person. When 
compressed air is used, all necessary precautions shall be taken to 
protect persons from injury.



Sec. 57.13021  High-pressure hose connections.

    Except where automatic shutoff valves are used, safety chains or 
other suitable locking devices shall be used at connections to machines 
of high-pressure hose lines of \3/4\-inch inside diameter or larger, and 
between high-pressure hose lines of \3/4\-inch inside diameter or 
larger, where a connection failure would create a hazard.



Sec. 57.13030  Boilers.

    (a) Fired pressure vessels (boilers) shall be equipped with water 
level gauges, pressure gauges, automatic pressure-relief valves, 
blowdown piping, and other safety devices approved by the American 
Society of Mechanical Engineers to protect against hazards from 
overpressure, flameouts, fuel interruptions and low water level, all as 
required by the appropriate sections, chapters and appendices listed in 
paragraphs (b) (1) and (2) of this section.
    (b) These gauges, devices and piping shall be designed, installed, 
operated, maintained, repaired, altered, inspected, and tested by 
inspectors holding a valid National Board Commission and in accordance 
with the following listed sections, chapters and appendices:
    (1) The ASME Boiler and Pressure Vessel Code, 1977, published by the 
American Society of Mechanical Engineers.

                            Section and Title

I Power Boilers
II Material Specifications--Part A--Ferrous
II Material Specifications--Part B--Non-ferrous
II Material Specifications--Part C--Welding Rods, Electrodes, and Filler 
Metals
IV Heating Boilers
V Nondestructive Examination
VI Recommended Rules for Care and Operation of Heating Boilers
VII Recommended Rules for Care of Power Boilers

    (2) The National Board Inspection Code, a Manual for Boiler and 
Pressure Vessel Inspectors, 1979, published by the National Board of 
Boiler and Pressure Vessel Inspectors.

                            Chapter and Title

I Glossary of Terms
II Inspection of Boilers and Pressure Vessels
III Repairs and Alterations to Boiler and Pressure Vessels by Welding
IV Shop Inspection of Boilers and Pressure Vessels
V Inservice Inspection of Pressure Vessels by Authorized Owner-User 
Inspection Agencies

                           Appendix and Title

A Safety and Safety Relief Valves
B Non-ASME Code Boilers and Pressure Vessels
C Storage of Mild Steel Covered Arc Welding Electrodes
D-R National Board ``R'' (Repair) Symbol Stamp

[[Page 378]]

D-VR National Board ``VR'' (Repair of Safety and Safety Relief Valve) 
Symbol Stamp
D-VR1 Certificate of Authorization for Repair Symbol Stamp for Safety 
and Safety Relief Valves
D-VR2 Outline of Basic Elements of Written Quality Control System for 
Repairers of ASME Safety and Safety Relief Valves
D-VR3 Nameplate Stamping for ``VR''
E Owner-User Inspection Agencies
F Inspection Forms

    (c) Records of inspections and repairs shall be kept in accordance 
with the requirements of the ASME Boiler and Pressure Vessel Code and 
the National Board Inspection Code. The records shall be made available 
to the Secretary or his authorized representative.
    (d) Sections of the ASME Boiler and Pressure Vessel Code, 1977, 
listed in paragraph (b)(1) of this section, and chapters and appendices 
of the National Board Inspection Code, 1979, listed in paragraph (b)(2) 
of this section, are incorporated by reference and made a part of this 
standard. These publications may be obtained from the publishers, the 
American Society of Mechanical Engineers, 345 East Forty-seventh Street, 
New York, N.Y. 10017, and the National Board of Boiler and Pressure 
Vessel Inspectors, 1055 Crupper Avenue, Columbus, Ohio 43229. The 
publication may be examined at any Metal and Nonmetal Mine Safety and 
Health District Office of the Mine Safety and Health Administration.



                    Subpart M_Machinery and Equipment

    Source: 53 FR 32528, Aug. 25, 1988, unless otherwise noted.



Sec. 57.14000  Definitions.

    The following definitions apply in this subpart.
    Travelway. A passage, walk, or way regularly used or designated for 
persons to go from one place to another.

[53 FR 32528, Aug. 25, 1988, as amended at 69 FR 38842, June 29, 2004]

               Safety Devices and Maintenance Requirements



Sec. 57.14100  Safety defects; examination, correction and records.

    (a) Self-propelled mobile equipment to be used during a shift shall 
be inspected by the equipment operator before being placed in operation 
on that shift.
    (b) Defects on any equipment, machinery, and tools that affect 
safety shall be corrected in a timely manner to prevent the creation of 
a hazard to persons.
    (c) When defects make continued operation hazardous to persons, the 
defective items including self-propelled mobile equipment shall be taken 
out of service and placed in a designated area posted for that purpose, 
or a tag or other effective method of marking the defective items shall 
be used to prohibit further use until the defects are corrected.
    (d) Defects on self-propelled mobile equipment affecting safety, 
which are not corrected immediately, shall be reported to, and recorded 
by, the mine operator. The records shall be kept at the mine or nearest 
mine office from the date the defects are recorded, until the defects 
are corrected. Such records shall be made available for inspection by an 
authorized representative of the Secretary.



Sec. 57.14101  Brakes.

    (a) Minimum requirements. (1) Self-propelled mobile equipment shall 
be equipped with a service brake system capable of stopping and holding 
the equipment with its typical load on the maximum grade it travels. 
This standard does not apply to equipment which is not originally 
equipped with brakes unless the manner in which the equipment is being 
operated requires the use of brakes for safe operation. This standard 
does not apply to rail equipment.
    (2) If equipped on self-propelled mobile equipment, parking brakes 
shall be capable of holding the equipment with its typical load on the 
maximum grade it travels.

[[Page 379]]

    (3) All braking systems installed on the equipment shall be 
maintained in functional condition.
    (b) Testing. (1) Service brake tests shall be conducted on surface-
operated equipment at underground mines when an MSHA inspector has 
reasonable cause to believe that the service brake system does not 
function as required, unless the mine operator removes the equipment 
from service for the appropriate repair;
    (2) The performance of the service brakes shall be evaluated 
according to Table M-1.

                                                    Table M-1
----------------------------------------------------------------------------------------------------------------
                                                                 Equipment Speed, MPH
     Gross vehicle weight lbs.      ----------------------------------------------------------------------------
                                       10     11     12     13     14     15     16     17     18     19     20
----------------------------------------------------------------------------------------------------------------
                                  Service Brake Maximum Stopping Distance--Feet
----------------------------------------------------------------------------------------------------------------
0-36,000...........................     34     38     43     48     53     59     64     70     76     83     89
36,000-70,000......................     41     46     52     58     62     70     76     83     90     97    104
70,000-14,0000.....................     48     54     61     67     74     81     88     95    103    111    119
140,000-250,000....................     56     62     69     77     84     92    100    108    116    125    133
250,000-400,000....................     59     66     74     81     89     97    105    114    123    132    141
Over-400,000.......................     63     71     78     86     94    103    111    120    129    139    148
----------------------------------------------------------------------------------------------------------------
Stopping distances are computed using a constant deceleration of 9.66 FPS \2\ and system response times of .5.1,
  1.5, 2, 2.25 and 2.5 seconds for each of increasing weight category respectively. Stopping distance values
  include a one-second operator response time.


    Table M-2--The Speed of a Vehicle Can Be Determined by Clocking It Through a 100-Foot Measured Course at
    Constant Velocity Using Table M-2. When the Service Brakes Are Applied at the End of the Course, Stopping
                               Distance Can Be Measured and Compared to Table M-1.
----------------------------------------------------------------------------------------------------------------
           Miles per hour              10     11     12     13     14     15     16     17     18     19     20
----------------------------------------------------------------------------------------------------------------
Seconds required to travel 100 feet    6.8    6.2    5.7    5.2    4.9    4.5    4.3    4.0    3.8    3.6    3.4
----------------------------------------------------------------------------------------------------------------

    (3) Service brake tests shall be conducted under the direction of 
the mine operator in cooperation with and according to the instructions 
provided by the MSHA inspector as follows:
    (i) Equipment capable of traveling at least 10 miles per hour shall 
be tested with a typical load for that particular piece of equipment. 
Front-end loaders shall be tested with the loader bucket empty. 
Equipment shall not be tested when carrying hazardous loads, such as 
explosives.
    (ii) The approach shall be of sufficient length to allow the 
equipment operator to reach and maintain a constant speed between 10 and 
20 miles per hour prior to entering the 100 foot measured area. The 
constant speed shall be maintained up to the point when the equipment 
operator receives the signal to apply the brakes. The roadway shall be 
wide enough to accommodate the size of the equipment being tested. The 
ground shall be generally level, packed, and dry in the braking portion 
of the test course. Ground moisture may be present to the extent that it 
does not adversely affect the braking surface.
    (iii) Braking is to be performed using only those braking systems, 
including auxiliary retarders, which are designed to bring the equipment 
to a stop under normal operating conditions. Parking or emergency 
(secondary) brakes are not to be actuated during the test.
    (iv) The tests shall be conducted with the transmission in the gear 
appropriate for the speed the equipment is traveling except for 
equipment which is designed for the power train to be disengaged during 
braking.
    (v) Testing speeds shall be a minimum of 10 miles per hour and a 
maximum of 20 miles per hour.
    (vi) Stopping distances shall be measured from the point at which 
the equipment operator receives the signal to apply the service brakes 
to the final stopped position.
    (4) Test results shall be evaluated as follows:

[[Page 380]]

    (i) If the initial test run is valid and the stopping distance does 
not exceed the corresponding stopping distance listed in Table 1, the 
performance of the service brakes shall be considered acceptable. For 
tests to be considered valid, the equipment shall not slide sideways or 
exhibit other lateral motion during the braking portion of the test.
    (ii) If the equipment exceeds the maximum stopping distance in the 
initial test run, the mine operator may request from the inspector up to 
four additional test runs with two runs to be conducted in each 
direction. The performance of the service brakes shall be considered 
acceptable if the equipment does not exceed the maximum stopping 
distance on at least three of the additional tests.
    (5) Where there is not an appropriate test site at the mine or the 
equipment is not capable of traveling at least 10 miles per hour, 
service brake tests will not be conducted. In such cases, the inspector 
will rely upon other available evidence to determine whether the service 
brake system meets the performance requirements of this standard.

[53 FR 32528, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988]



Sec. 57.14102  Brakes for rail equipment.

    Braking systems on railroad cars and locomotives shall be maintained 
in functional condition.



Sec. 57.14103  Operators' stations.

    (a) If windows are provided on operators' stations of self-propelled 
mobile equipment, the windows shall be made of safety glass or material 
with equivalent safety characteristics. The windows shall be maintained 
to provide visibility for safe operation.
    (b) If damaged windows obscure visibility necessary for safe 
operation, or create a hazard to the equipment operator, the windows 
shall be replaced or removed. Damaged windows shall be replaced if 
absence of a window would expose the equipment operator to hazardous 
environmental conditions which would affect the ability of the equipment 
operator to safely operate the equipment.
    (c) The operators' stations of self-propelled mobile equipment 
shall--
    (1) Be free of materials that may create a hazard to persons by 
impairing the safe operation of the equipment; and
    (2) Not be modified, in a manner that obscures visibility necessary 
for safe operation.



Sec. 57.14104  Tire repairs.

    (a) Before a tire is removed from a vehicle for tire repair, the 
valve core shall be partially removed to allow for gradual deflation and 
then removed. During deflation, to the extent possible, persons shall 
stand outside of the potential trajectory of the lock ring of a multi-
piece wheel rim.
    (b) To prevent injury from wheel rims during tire inflation, one of 
the following shall be used:
    (1) A wheel cage or other restraining device that will constrain all 
wheel rim components during an explosive separation of a multi-piece 
wheel rim, or during the sudden release of contained air in a single 
piece rim wheel; or
    (2) A stand-off inflation device which permits persons to stand 
outside of the potential trajectory of wheel components.



Sec. 57.14105  Procedures during repairs or maintenance.

    Repairs or maintenance on machinery or equipment shall be performed 
only after the power is off, and the machinery or equipment blocked 
against hazardous motion. Machinery or equipment motion or activation is 
permitted to the extent that adjustments or testing cannot be performed 
without motion or activation, provided that persons are effectively 
protected from hazardous motion.



Sec. 57.14106  Falling object protection.

    (a) Fork-lift trucks, front-end loaders, and bulldozers shall be 
provided with falling object protective structures if used in an area 
where falling objects could create a hazard to the operator.
    (b) The protective structure shall be capable of withstanding the 
falling object loads to which it could be subjected.

[[Page 381]]



Sec. 57.14107  Moving machine parts.

    (a) Moving machine parts shall be guarded to protect persons from 
contacting gears, sprockets, chains, drive, head, tail, and takeup 
pulleys, flywheels, coupling, shafts, fan blades; and similar moving 
parts that can cause injury.
    (b) Guards shall not be required where the exposed moving parts are 
at least seven feet away from walking or working surfaces.



Sec. 57.14108  Overhead drive belts.

    Overhead drive belts shall be guarded to contain the whipping action 
of a broken belt if that action could be hazardous to persons.



Sec. 57.14109  Unguarded conveyors with adjacent travelways.

    Unguarded conveyors next to travelways shall be equipped with--
    (a) Emergency stop devices which are located so that a person 
falling on or against the conveyor can readily deactivate the conveyor 
drive motor; or
    (b) Railings which--
    (1) Are positioned to prevent persons from falling on or against the 
conveyor;
    (2) Will be able to withstand the vibration, shock, and wear to 
which they will be subjected during normal operation; and
    (3) Are constructed and maintained so that they will not create a 
hazard.



Sec. 57.14110  Flying or falling materials.

    In areas where flying or falling materials generated from the 
operation of screens, crushers, or conveyors present a hazard, guards, 
shields, or other devices that provide protection against such flying or 
falling materials shall be provided to protect persons.



Sec. 57.14111  Slusher, backlash guards and securing.

    (a) When persons are exposed to slushing operations, the slushers 
shall be equipped with rollers and drum covers and anchored securely 
before slushing operations are started to protect against hazardous 
movement before slushing operations are started.
    (b) Slushers rated over 10 horsepower shall be equipped with 
backlash guards, unless the equipment operator is otherwise protected.
    (c) This standard does not apply to air tuggers of 10 horsepower or 
less that have only one cable and one drum.



Sec. 57.14112  Construction and maintenance of guards.

    (a) Guards shall be constructed and maintained to--
    (1) Withstand the vibration, shock, and wear to which they will be 
subjected during normal operation; and
    (2) Not create a hazard by their use.
    (b) Guards shall be securely in place while machinery is being 
operated, except when testing or making adjustments which cannot be 
performed without removal of the guard.



Sec. 57.14113  Inclined conveyors: backstops or brakes.

    Backstops or brakes shall be installed on drive units of inclined 
conveyors to prevent the conveyors from running in reverse, creating a 
hazard to persons.



Sec. 57.14114  Air valves for pneumatic equipment.

    A manual master quick-close type air valve shall be installed on all 
pneumatic-powered equipment if there is a hazard of uncontrolled 
movement when the air supply is activated. The valve shall be closed 
except when the equipment is being operated.

[53 FR 32528, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988]



Sec. 57.14115  Stationary grinding machines.

    Stationary grinding machines, other than special bit grinders, shall 
be equipped with--
    (a) Peripheral hoods capable of withstanding the force of a bursting 
wheel and enclosing not less than 270[deg]--of the periphery of the 
wheel;
    (b) Adjustable tool rests set so that the distance between the 
grinding surface of the wheel and the tool rest is not greater than \1/
8\ inch; and
    (c) A safety washer on each side of the wheel.

[53 FR 32528, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988]

[[Page 382]]



Sec. 57.14116  Hand-held power tools.

    (a) Power drills, disc sanders, grinders and circular and chain 
saws, when used in the hand-held mode shall be operated with controls 
which require constant hand or finger pressure.
    (b) Circular saws and chain saws shall not be equipped with devices 
which lock-on the operating controls.



Sec. 57.14130  Roll-over protective structures (ROPS) and seat belts 
for surface equipment.

    (a) Equipment included. Roll-over protective structures (ROPS) and 
seat belts shall be installed on--
    (1) Crawler tractors and crawler loaders;
    (2) Graders;
    (3) Wheel loaders and wheel tractors;
    (4) The tractor portion of semi-mounted scrapers, dumpers, water 
wagons, bottom-dump wagons, rear-dump wagons, and towed fifth wheel 
attachments;
    (5) Skid-steer loaders; and
    (6) Agricultural tractors.
    (b) ROPS construction. ROPS shall meet the requirements of the 
following Society of Automotive Engineers (SAE) publications, as 
applicable, which are incorporated by reference:
    (1) SAE J1040, ``Performance Criteria for Roll-Over Protective 
Structures (ROPS) for Construction, Earthmoving, Forestry, and Mining 
Machines,'', 1986; or
    (2) SAE J1194, ``Roll-Over Protective Structures (ROPS) for Wheeled 
Agricultural Tractors'', 1983.
    (c) ROPS labeling. ROPS shall have a label permanently affixed to 
the structure identifying--
    (1) The manufacturer's name and address;
    (2) The ROPS model number; and
    (3) The make and model number of the equipment for which the ROPS is 
designed.
    (d) ROPS installation. ROPS shall be installed on the equipment in 
accordance with the recommendations of the ROPS manufacturer.
    (e) ROPS maintenance. (1) ROPS shall be maintained in a condition 
that meets the performance requirements applicable to the equipment. If 
the ROPS is subjected to a roll-over or abnormal structural loading, the 
equipment manufacturer or a registered professional engineer with 
knowledge and experience in ROPS design shall recertify that the ROPS 
meets the applicable performance requirements before it is returned to 
service.
    (2) Alterations or repairs on ROPS shall be performed only with 
approval from the ROPS manufacturer or under the instructions of a 
registered professional engineer with knowledge and experience in ROPS 
design. The manufacturer or engineer shall certify that the ROPS meets 
the applicable performance requirements.
    (f) Exemptions. (1) This standard does not apply to--
    (i) Self-propelled mobile equipment manufactured prior to July 1, 
1969;
    (ii) Over-the-road type tractors that pull trailers or vans on 
highways;
    (iii) Equipment that is only operated by remote control; and
    (2) Self-propelled mobile equipment manufactured prior to October 
24, 1988, that is equipped with ROPS and seat belts that meet the 
installation and performance requirements of 30 CFR 57.9088 (1986 
edition) shall be considered in compliance with paragraphs (b) and (h) 
of this section.
    (g) Wearing seat belts. Seat belts shall be worn by the equipment 
operator except that when operating graders from a standing position, 
the grader operator shall wear safety lines and a harness in place of a 
seat belt.
    (h) Seat belts construction. Seat belts required under this section 
shall meet the requirement of SAE J386, ``Operator Restraint System for 
Off-Road Work Machines'' (1985, 1993, or 1997), or SAE J1194, ``Roll-
Over Protective Structures (ROPS) for Wheeled Agricultural Tractors'' 
(1983, 1989, 1994, or 1999), as applicable, which are incorporated by 
reference.
    (i) Seat belt maintenance. Seat belts shall be maintained in 
functional condition, and replaced when necessary to assure proper 
performance.
    (j) Publications. The incorporation by reference of these 
publications is approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these 
publications may be examined at any Metal and Nonmetal Mine Safety and 
Health District Office; at MSHA's

[[Page 383]]

Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, 
Room 2349, Arlington, Virginia 22209-3939; or at the National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.Copies may be purchased from the Society of Automotive 
Engineers, 400 Commonwealth Drive, Warrendale, Pennsylvania 15096-0001.

[53 FR 32528, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988, as amended at 60 
FR 33722, June 29, 1995; 67 FR 38385, June 4, 2002; 68 FR 19347, Apr. 
21, 2003]



Sec. 57.14131  Seat belts for surface haulage trucks.

    (a) Seat belts shall be provided and worn in haulage trucks.
    (b) Seat belts shall be maintained in functional condition, and 
replaced when necessary to assure proper performance.
    (c) Seat belts required under this section shall meet the 
requirements of SAE J386, ``Operator Restraint System for Off-Road Work 
Machines'' (1985, 1993, or 1997), which are incorporated by reference.
    (d) The incorporation by reference of these publications is approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Copies of these publications may be examined 
at any Metal and Nonmetal Mine Safety and Health District Office; at 
MSHA's Office of Standards, Regulations, and Variances, 1100 Wilson 
Boulevard, Room 2349, Arlington, Virginia 22209-3939; or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.Copies may be purchased from the Society 
of Automotive Engineers, 400 Commonwealth Drive, Warrendale, 
Pennsylvania 15096-0001.

[53 FR 32528, Aug. 25, 1988, as amended at 67 FR 38385, June 4, 2002; 68 
FR 19347, Apr. 21, 2003]



Sec. 57.14132  Horns and backup alarms for surface equipment.

    (a) Manually-operated horns or other audible warning devices 
provided on self-propelled mobile equipment as a safety device shall be 
maintained in a functional condition.
    (b)(1) When the operator has an obstructed view to the rear, self-
propelled mobile equipment shall have--
    (i) An automatic reverse-activated signal alarm;
    (ii) A wheel-mounted bell alarm which sounds at least once for each 
three feet of reverse movement;
    (iii) A discriminating backup alarm that covers the area of 
obstructed view; or
    (iv) An observer to signal when it is safe to back up.
    (2) Alarms shall be audible above the surrounding noise level.
    (3) An automatic reverse-activated strobe light may be used at night 
in lieu of an audible reverse alarm.
    (c) This standard does not apply to rail equipment.



Sec. 57.14160  Mantrip trolley wire hazards underground.

    Mantrips shall be covered if there is danger of persons contacting 
the trolley wire.



Sec. 57.14161  Makeshift couplings.

    Couplings used on underground rail equipment shall be designed for 
that equipment, except that makeshift couplings may be used to move 
disabled rail equipment for repairs if no hazard to persons is created.



Sec. 57.14162  Trip lights.

    On underground rail haulage, trip lights shall be used on the rear 
of pulled trips and on the front of pushed trips.

               Safety Practices and Operational Procedures



Sec. 57.14200  Warnings prior to starting or moving equipment.

    Before starting crushers or moving self-propelled mobile equipment, 
equipment operators shall sound a warning that is audible above the 
surrounding noise level or use other effective means

[[Page 384]]

to warn all persons who could be exposed to a hazard from the equipment.



Sec. 57.14201  Conveyor start-up warnings.

    (a) When the entire length of a conveyor is visible from the 
starting switch, the conveyor operator shall visually check to make 
certain that all persons are in the clear before starting the conveyor.
    (b) When the entire length of the conveyor is not visible from the 
starting switch, a system which provides visible or audible warning 
shall be installed and operated to warn persons that the conveyor will 
be started. Within 30 seconds after the warning is given, the conveyor 
shall be started or a second warning shall be given.



Sec. 57.14202  Manual cleaning of conveyor pulleys.

    Pulleys of conveyors shall not be cleaned manually while the 
conveyor is in motion.



Sec. 57.14203  Application of belt dressing.

    Belt dressings shall not be applied manually while belts are in 
motion unless a pressurized-type applicator is used that allows the 
dressing to be applied from outside the guards.



Sec. 57.14204  Machinery lubrication.

    Machinery or equipment shall not be lubricated manually while it is 
in motion where application of the lubricant may expose persons to 
injury.



Sec. 57.14205  Machinery, equipment, and tools.

    Machinery, equipment, and tools shall not be used beyond the design 
capacity intended by the manufacturer, where such use may create a 
hazard to persons.



Sec. 57.14206  Securing movable parts.

    (a) When moving mobile equipment between workplaces, booms, forks, 
buckets, beds, and similar movable parts of the equipment shall be 
positioned in the travel mode and, if required for safe travel, 
mechanically secured.
    (b) When mobile equipment is unattended or not in use, dippers, 
buckets and scraper blades shall be lowered to the ground. Other movable 
parts, such as booms, shall be mechanically secured or positioned to 
prevent movement which would create a hazard to persons.



Sec. 57.14207  Parking procedures for unattended equipment.

    Mobile equipment shall not be left unattended unless the controls 
are placed in the park position and the parking brake, if provided, is 
set. When parked on a grade, the wheels or tracks of mobile equipment 
shall be either chocked or turned into a bank or rib.



Sec. 57.14208  Warning devices.

    (a) Visible warning devices shall be used when parked mobile 
equipment creates a hazard to persons in other mobile equipment.
    (b) Mobile equipment, other than forklifts, carrying loads that 
project beyond the sides or more than four feet beyond the rear of the 
equipment shall have a warning flag at the end of the projection. Under 
conditions of limited visibility these loads shall have a warning light 
at the end of the projection. Such flags or lights shall be attached to 
the end of the projection or be carried by persons walking beside or 
behind the projection.



Sec. 57.14209  Safety procedures for towing.

    (a) A properly sized tow bar or other effective means of control 
shall be used to tow mobile equipment.
    (b) Unless steering and braking are under the control of the 
equipment operator on the towed equipment, a safety chain or wire rope 
capable of withstanding the loads to which it could be subjected shall 
be used in conjunction with any primary rigging.
    (c) This provision does not apply to rail equipment.



Sec. 57.14210  Movement of dippers, buckets, loading booms, or suspended loads.

    (a) Dippers, buckets, loading booms, or suspended loads shall not be 
swung over the operators' stations of self-propelled mobile equipment 
until the equipment operator is out of the operator's station and in a 
safe location.
    (b) This section does not apply when the equipment is specifically 
designed

[[Page 385]]

to protect the equipment operator from falling objects.



Sec. 57.14211  Blocking equipment in a raised position.

    (a) Persons shall not work on top of, under, or work from mobile 
equipment in a raised position until the equipment has been blocked or 
mechanically secured to prevent it from rolling or falling accidentally.
    (b) Persons shall not work on top of, under, or work from a raised 
component of mobile equipment until the component has been blocked or 
mechanically secured to prevent accidental lowering. The equipment must 
also be blocked or secured to prevent rolling.
    (c) A raised component must be secured to prevent accidental 
lowering when persons are working on or around mobile equipment and are 
exposed to the hazard of accidental lowering of the component.
    (d) Under this section, a raised component of mobile equipment is 
considered to be blocked or mechanically secured if provided with a 
functional load-locking device or devices which prevent free and 
uncontrolled descent.
    (e) Blocking or mechanical securing of the raised component is 
required during repair or maintenance of elevated mobile work platforms.



Sec. 57.14212  Chains, ropes, and drive belts.

    Chains, ropes, and drive belts shall be guided mechanically onto 
moving pulleys, sprockets, or drums except where equipment is designed 
specifically for hand feeding.



Sec. 57.14213  Ventilation and shielding for welding.

    (a) Welding operations shall be shielded when performed at locations 
where arc flash could be hazardous to persons.
    (b) All welding operations shall be well-ventilated.



Sec. 57.14214  Train warnings.

    A warning that is audible above the surrounding noise level shall be 
sounded--
    (a) Immediately prior to moving trains;
    (b) When trains approach persons, crossing, other trains on adjacent 
tracks; and
    (c) Any place where the train operator's vision is obscured.



Sec. 57.14215  Coupling or uncoupling cars.

    Prior to coupling or uncoupling cars manually, trains shall be 
brought to a complete stop, and then moved at minimum tram speed until 
the coupling or uncoupling activity is completed. Coupling or uncoupling 
shall not be attempted from the inside of curves unless the railroad and 
cars are designed to eliminate hazards to persons.



Sec. 57.14216  Backpoling.

    Backpoling of trolleys is prohibited except where there is 
inadequate clearance to reverse the trolley pole. Where backpoling is 
required, it shall be done only at the minimum tram speed of the 
trolley.



Sec. 57.14217  Securing parked railcars.

    Parked railcars shall be blocked securely unless held effectively by 
brakes.



Sec. 57.14218  Movement of equipment on adjacent tracks.

    When a locomotive on one track is used to move rail equipment on 
adjacent tracks, a chain, cable, or drawbar shall be used which is 
capable of withstanding the loads to which it could be subjected.



Sec. 57.14219  Brakeman signals.

    When a train is under the direction of a brakeman and the train 
operator cannot clearly recognize the brakeman's signals, the train 
operator shall bring the train to a stop.

    Appendix I to Subpart M of Part 57--National Consensus Standards

    Mine operators seeking further information regarding the 
construction and installation of falling object protective structures 
(FOPS) may consult the following national consensus standards, as 
applicable.

[[Page 386]]



            MSHA Standard 57.14106, Falling Object Protection
------------------------------------------------------------------------
                 Equipment                   National consensus standard
------------------------------------------------------------------------
Front-end loaders and bulldozers..........  Society of Automotive
                                             Engineers (SAE) minimum
                                             performance criteria for
                                             falling object protective
                                             structures (FOPS) SAE J231--
                                             January, 1981.
Fork-lift trucks..........................  American National Standards
                                             Institute (ANSI) safety
                                             standard for low lift and
                                             high lift trucks, B 56.1,
                                             section 7.27--1983; or
                                            American National Standards
                                             Institute (ANSI) standard,
                                             rough terrain fork lift
                                             trucks, B 56.6--1987.
------------------------------------------------------------------------



                      Subpart N_Personal Protection

                         Surface and Underground



Sec. 57.15001  First aid materials.

    Adequate first-aid materials, including stretchers and blankets 
shall be provided at places convenient to all working areas. Water or 
neutralizing agents shall be available where corrosive chemicals or 
other harmful substances are stored, handled, or used.



Sec. 57.15002  Hard hats.

    All persons shall wear suitable hard hats when in or around a mine 
or plant where falling objects may create a hazard.



Sec. 57.15003  Protective footwear.

    All persons shall wear suitable protective footwear when in or 
around an area of a mine or plant where a hazard exists which could 
cause an injury to the feet.



Sec. 57.15004  Eye protection.

    All persons shall wear safety glasses, goggles, or face shields or 
other suitable protective devices when in or around an area of a mine or 
plant where a hazard exists which could cause injury to unprotected 
eyes.



Sec. 57.15005  Safety belts and lines.

    Safety belts and lines shall be worn when persons work where there 
is danger of falling; a second person shall tend the lifeline when bins, 
tanks, or other dangerous areas are entered.



Sec. 57.15006  Protective equipment and clothing for hazards and irritants.

    Special protective equipment and special protective clothing shall 
be provided, maintained in a sanitary and reliable condition and used 
whenever hazards of process or environment, chemical hazards, 
radiological hazards, or mechancial irritants are encountered in a 
manner capable of causing injury or impairment.



Sec. 57.15007  Protective equipment or clothing for welding, cutting, or 
working with molten metal.

    Protective clothing or equipment and face shields or goggles shall 
be worn when welding, cutting, or working with molten metal.



Sec. 57.15014  Eye protection when operating grinding wheels.

    Face shields or goggles in good condition shall be worn when 
operating a grinding wheel.

[53 FR 32533, Aug. 25, 1988]

                              Surface Only



Sec. 57.15020  Life jackets and belts.

    Life jackets or belts shall be worn where there is danger from 
falling into water.

                            Underground Only



Sec. 57.15030  Provision and maintenance of self-rescue devices.

    A 1-hour self-rescue device approved by MSHA and NIOSH under 42 CFR 
part 84 shall be made available by the operator to all personnel 
underground. Each operator shall maintain self-rescue devices in good 
condition.

[60 FR 30401, June 8, 1995]



Sec. 57.15031  Location of self-rescue devices.

    (a) Except as provided in paragraph (b) and (c) of this section, 
self-rescue devices meeting the requirements of standard 57.15030 shall 
be worn or carried by all persons underground.
    (b) Where the wearing or carrying of self-rescue devices meeting the 
requirements of standard 57.15030 is hazardous to a person, such self-
rescue devices

[[Page 387]]

shall be located at a distance no greater than 25 feet from such person.
    (c) Where a person works on or around mobile equipment, self-rescue 
devices may be placed in a readily accessible location on such 
equipment.



                Subpart O_Materials Storage and Handling



Sec. 57.16001  Stacking and storage of materials.

    Supplies shall not be stacked or stored in a manner which creates 
tripping or fall-of-material hazards.



Sec. 57.16002  Bins, hoppers, silos, tanks, and surge piles.

    (a) Bins, hoppers, silos, tanks, and surge piles, where loose 
unconsolidated materials are stored, handled or transferred shall be--
    (1) Equipped with mechanical devices or other effective means of 
handling materials so that during normal operations persons are not 
required to enter or work where they are exposed to entrapment by the 
caving or sliding of materials; and
    (2) Equipped with supply and discharge operating controls. The 
controls shall be located so that spills or overruns will not endanger 
persons.
    (b) Where persons are required to move around or over any facility 
listed in this standard, suitable walkways or passageways shall be 
provided.
    (c) Where persons are required to enter any facility listed in this 
standard for maintenance or inspection purposes, ladders, platforms, or 
staging shall be provided. No person shall enter the facility until the 
supply and discharge of materials have ceased and the supply and 
discharge equipment is locked out. Persons entering the facility shall 
wear a safety belt or harness equipped with a lifeline suitably 
fastened. A second person, similarly equipped, shall be stationed near 
where the lifeline is fastened and shall constantly adjust it or keep it 
tight as needed, with minimum slack.



Sec. 57.16003  Storage of hazardous materials.

    Materials that can create hazards if accidentally liberated from 
their containers shall be stored in a manner that minimizes the dangers.



Sec. 57.16004  Containers for hazardous materials.

    Containers holding hazardous materials must be of a type approved 
for such use by recognized agencies.

[67 FR 42389, June 21, 2002]



Sec. 57.16005  Securing gas cylinders.

    Compressed and liquid gas cylinders shall be secured in a safe 
manner.



Sec. 57.16006  Protection of gas cylinder valves.

    Valves on compressed gas cylinders shall be protected by covers when 
being transported or stored, and by a safe location when the cylinders 
are in use.



Sec. 57.16007  Taglines, hitches, and slings.

    (a) Taglines shall be attached to loads that may require steadying 
or guidance while suspended.
    (b) Hitches and slings used to hoist materials shall be suitable for 
the particular material handled.



Sec. 57.16009  Suspended loads.

    Persons shall stay clear of suspended loads.



Sec. 57.16010  Dropping materials from overhead.

    To protect personnel, material shall not be dropped from an overhead 
elevation until the drop area is first cleared of personnel and the area 
is then either guarded or a suitable warning is given.



Sec. 57.16011  Riding hoisted loads or on the hoist hook.

    Persons shall not ride on loads being moved by cranes or derricks, 
nor shall they ride the hoisting hooks unless such method eliminates a 
greater hazard.



Sec. 57.16012  Storage of incompatible substances.

    Chemical substances, including concentrated acids and alkalies, 
shall be stored to prevent inadvertent contact with each other or with 
other substances, where such contact could

[[Page 388]]

cause a violent reaction or the liberation of harmful fumes or gases.



Sec. 57.16013  Working with molten metal.

    Suitable warning shall be given before molten metal is poured and 
before a container of molten metal is moved.



Sec. 57.16014  Operator-carrying overhead cranes.

    Operator-carrying overhead cranes shall be provided with--
    (a) Bumpers at each end of each rail;
    (b) Automatic switches to halt uptravel of the blocks before they 
strike the hoist;
    (c) Effective audible warning signals within easy reach of the 
operator; and
    (d) A means to lock out the disconnect switch.



Sec. 57.16015  Work or travel on overhead crane bridges.

    No person shall work from or travel on the bridge of an overhead 
crane unless the bridge is provided with substantial footwalks with 
toeboards and railings the length of the bridge.



Sec. 57.16016  Lift trucks.

    Fork and other similar types of lift trucks shall be operated with 
the:
    (a) Upright tilted back to steady and secure the load;
    (b) Load in the upgrade position when ascending or descending grades 
in excess of 10 percent;
    (c) Load not raised or lowered enroute except for minor adjustments; 
and
    (d) Load-engaging device downgrade when traveling unloaded on all 
grades.



Sec. 57.16017  Hoisting heavy equipment or material.

    Where the stretching or contraction of a hoist rope could create a 
hazard, chairs or other suitable blocking shall be used to support 
conveyances at shaft landings before heavy equipment or material is 
loaded or unloaded.



                         Subpart P_Illumination



Sec. 57.17001  Illumination of surface working areas.

    Illumination sufficient to provide safe working conditions shall be 
provided in and on all surface structures, paths, walkways, stairways, 
switch panels, loading and dumping sites, and working areas.



Sec. 57.17010  Electric lamps.

    Individual electric lamps shall be carried for illumination by all 
persons underground.



                        Subpart Q_Safety Programs

                         Surface and Underground



Sec. 57.18002  Examination of working places.

    (a) A competent person designated by the operator shall examine each 
working place at least once each shift for conditions which may 
adversely affect safety or health. The operator shall promptly initiate 
appropriate action to correct such conditions.
    (b) A record that such examinations were conducted shall be kept by 
the operator for a period of one year, and shall be made available for 
review by the Secretary or his authorized representative.
    (c) In addition, conditions that may present an imminent danger 
which are noted by the person conducting the examination shall be 
brought to the immediate attention of the operator who shall withdraw 
all persons from the area affected (except persons referred to in 
section 104(c) of the Federal Mine Safety and Health Act of 1977) until 
the danger is abated.



Sec. 57.18006  New employees.

    New employees shall be indoctrinated in safety rules and safe work 
procedures.



Sec. 57.18009  Designation of person in charge.

    When persons are working at the mine, a competent person designated 
by the mine operator shall be in attendance to take charge in case of an 
emergency.



Sec. 57.18010  First aid.

    An individual capable of providing first aid shall be available on 
all shifts. The individual shall be currently trained and have the 
skills to perform patient assessment and artificial respiration; control 
bleeding; and treat

[[Page 389]]

shock, wounds, burns, and musculoskeletal injuries. First aid training 
shall be made available to all interested miners.

[61 FR 50436, Sept. 26, 1996]



Sec. 57.18012  Emergency telephone numbers.

    Emergency telephone numbers shall be posted at appropriate 
telephones.



Sec. 57.18013  Emergency communications system.

    A suitable communication system shall be provided at the mine to 
obtain assistance in the event of an emergency.



Sec. 57.18014  Emergency medical assistance and transportation.

    Arrangements shall be made in advance for obtaining emergency 
medical assistance and transportation for injured persons.

                              Surface Only



Sec. 57.18020  Working alone.

    No employee shall be assigned, or allowed, or be required to perform 
work alone in any area where hazardous conditions exist that would 
endanger his safety unless he can communicate with others, can be heard, 
or can be seen.

                            Underground Only



Sec. 57.18025  Working alone.

    No employee shall be assigned, or allowed, or be required to perform 
work alone in any area where hazardous conditions exist that would 
endanger his safety unless his cries for help can be heard or he can be 
seen.



Sec. 57.18028  Mine emergency and self-rescuer training.

    (a) On an annual basis, all persons who are required to go 
underground shall be instructed in the Mine Safety and Health 
Administration approved course contained in Bureau of Mines Instruction 
Guide 19, ``Mine Emergency Training'' (September 1972). The instruction 
shall be given by MSHA personnel or by persons who are certified by the 
District Manager of the area in which the mine is located.
    (b) On an annual basis, all persons who go underground shall be 
instructed in the Mine Safety and Health Administration course contained 
in Bureau of Mines Instruction Guide 2, ``MSA W-65 Self-Rescuer'' (March 
1972) or Bureau of Mines Instruction Guide 3, ``Permissible Drager 810 
Respirator for Self-Rescue'' (March 1972). The instruction shall be 
given by MSHA personnel or by persons who are certified by the District 
Manager of the area in which the mine is located: Provided, however, 
That if a Mine Safety and Health Administration instructor or a 
certified instructor is not immediately available such instruction of 
new employees in self-rescuers may be conducted by qualified company 
personnel who are not certified, but who have obtained provisional 
approval from the District Manager. Any person who has not had self-
rescuer instruction within 12 months immediately preceding going 
underground shall be instructed in the use of self-rescuers before going 
underground.
    (c) All instructional material, handouts, visual aids, and other 
such teaching accessories used by the operator in the courses prescribed 
in paragraphs (a) and (b) of this section shall be available for 
inspection by the Secretary or his authorized representative.
    (d) Records of all instruction shall be kept at the mine site or 
nearest mine office at least 2 years from the date of instruction. Upon 
completion of such instruction, copies of the record shall be submitted 
to the District Manager.
    (e) The Bureau of Mines instruction guides to which reference is 
made in items (a) and (b) of this standard are hereby incorporated by 
reference and made a part hereof. The incorporated instruction guides 
are available and shall be provided upon request made to any Metal and 
Nonmetal Mine Safety and Health Subdistrict Office.



                      Subpart R_Personnel Hoisting



Sec. 57.19000  Application.

    (a) The hoisting standards in this subpart apply to those hoists and 
appurtenances used for hoisting persons. However, where persons may be 
endangered by hoists and appurtenances used

[[Page 390]]

solely for handling ore, rock, and materials, the appropriate standards 
should be applied.
    (b) Standards 57.19021 through 57.19028 shall apply to wire ropes in 
service used to hoist--
    (1) Persons in shafts and slopes underground;
    (2) Persons with an incline hoist on the surface; or
    (3) Loads in shaft or slope development when persons work below 
suspended loads.
    (4) These standards do not apply to wire ropes used for elevators.
    (c) Emergency hoisting facilities should conform to the extent 
possible to safety requirements for other hoists, and should be adequate 
to remove the persons from the mine with a minimum of delay.

                                 Hoists



Sec. 57.19001  Rated capacities.

    Hoists shall have rated capacities consistent with the loads handled 
and the recommended safety factors of the ropes used.



Sec. 57.19002  Anchoring.

    Hoists shall be anchored securely.



Sec. 57.19003  Driving mechanism connections.

    Belt, rope, or chains shall not be used to connect driving 
mechanisms to man hoists.



Sec. 57.19004  Brakes.

    Any hoist used to hoist persons shall be equipped with a brake or 
brakes which shall be capable of holding its fully loaded cage, skip, or 
bucket at any point in the shaft.



Sec. 57.19005  Locking mechanism for clutch.

    The operating mechanism of the clutch of every man-hoist drum shall 
be provided with a locking mechanism, or interlocked electrically or 
mechanically with the brake to prevent accidental withdrawal of the 
clutch.



Sec. 57.19006  Automatic hoist braking devices.

    Automatic hoists shall be provided with devices that automatically 
apply the brakes in the event of power failure.



Sec. 57.19007  Overtravel and overspeed devices.

    All man hoists shall be provided with devices to prevent overtravel. 
When utilized in shafts exceeding 100 feet in depth, such hoists shall 
also be provided with overspeed devices.



Sec. 57.19008  Friction hoist synchronizing mechanisms.

    Where creep or slip may alter the effective position of safety 
devices, friction hoists shall be equipped with synchronizing mechanisms 
that recalibrate the overtravel devices and position indicators.



Sec. 57.19009  Position indicator.

    An accurate and reliable indicator of the position of the cage, 
skip, bucket, or cars in the shaft shall be provided.



Sec. 57.19010  Location of hoist controls.

    Hoist controls shall be placed or housed so that the noise from 
machinery or other sources will not prevent hoistmen from hearing 
signals.



Sec. 57.19011  Drum flanges.

    Flanges on drums shall extend radially a minimum of 4 inches or 
three rope diameters beyond the last wrap, whichever is the lesser.



Sec. 57.19012  Grooved drums.

    Where grooved drums are used, the grooves shall be of suitable size 
and pitch for the ropes used.



Sec. 57.19013  Diesel- and other fuel-injection-powered hoists.

    Where any diesel or similar fuel-injection engine is used to power a 
hoist, the engine shall be equipped with a damper or other cutoff in its 
air intake system. The control handle shall be clearly labeled to 
indicate that its intended function is for emergency stopping only.



Sec. 57.19014  Friction hoist overtravel protection.

    In a friction hoist installation, tapered guides or other approved 
devices shall be installed above and below the

[[Page 391]]

limits of regular travel of the conveyance and arranged to prevent 
overtravel in the event of failure of other devices.



Sec. 57.19017  Emergency braking for electric hoists.

    Each electric hoist shall be equipped with a manually-operable 
switch that will initiate emergency braking action to bring the 
conveyance and the counterbalance safely to rest. This switch shall be 
located within reach of the hoistman in case the manual controls of the 
hoist fail.



Sec. 57.19018  Overtravel by-pass switches.

    When an overtravel by-pass switch is installed, the switch shall 
function so as to allow the conveyance to be moved through the 
overtravel position when the switch is held in the closed position by 
the hoistman. The overtravel by-pass switch shall return automatically 
to the open position when released by the hoistman.

                               Wire Ropes

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



Sec. 57.19019  Guide ropes.

    If guide ropes are used in shafts for personnel hoisting 
applications other than shaft development, the nominal strength 
(manufacturer's published catalog strength) of the guide rope at 
installation shall meet the minimum value calculated as follows: Minimum 
value=Static Loadx5.0.



Sec. 57.19021  Minimum rope strength.

    At installation, the nominal strength (manufacturer's published 
catalog strength) of wire ropes used for hoisting shall meet the minimum 
rope strength values obtained by the following formulas in which ``L'' 
equals the maximum suspended rope length in feet:
    (a) Winding drum ropes (all constructions, including rotation 
resistant).

For rope lengths less than 3,000 feet: Minimum Value=Static Loadx(7.0-
0.001L)
For rope lengths 3,000 feet or greater: Minimum Value=Static Loadx4.0.

    (b) Friction drum ropes.

For rope lengths less than 4,000 feet: Minimum Value=Static Loadx(7.0-
0.0005L)
For rope lengths 4,000 feet or greater: Minimum Value=Static Loadx5.0.

    (c) Tail ropes (balance ropes).

Minimum Value=Weight of Ropex7.0



Sec. 57.19022  Initial measurement.

    After initial rope stretch but before visible wear occurs, the rope 
diameter of newly installed wire ropes shall be measured at least once 
in every third interval of active length and the measurements averaged 
to establish a baseline for subsequent measurements. A record of the 
measurements and the date shall be made by the person taking the 
measurements. This record shall be retained until the rope is retired 
from service.

[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33722, June 29, 1995]



Sec. 57.19023  Examinations.

    (a) At least once every fourteen calendar days, each wire rope in 
service shall be visually examined along its entire active length for 
visible structural damage, corrosion, and improper lubrication or 
dressing. In addition, visual examination for wear and broken wires 
shall be made at stress points, including the area near attachments, 
where the rope rests on sheaves, where the rope leaves the drum, at drum 
crossovers, and at change-of-layer regions. When any visible condition 
that results in a reduction of rope strength is present, the affected 
portion of the rope shall be examined on a daily basis.
    (b) Before any person is hoisted with a newly installed wire rope or 
any wire rope that has not been examined in the previous fourteen 
calendar days, the wire rope shall be examined in accordance with 
paragraph (a) of this section.
    (c) At least once every six months, nondestructive tests shall be 
conducted of the active length of the rope, or rope diameter 
measurements shall be made--
    (1) Wherever wear is evident;
    (2) Where the hoist rope rests on sheaves at regular stopping 
points;
    (3) Where the hoist rope leaves the drum at regular stopping points; 
and

[[Page 392]]

    (4) At drum crossover and change-of-layer regions.
    (d) At the completion of each examination required by paragraph (a) 
of this section, the person making the examination shall certify, by 
signature and date, that the examination has been made. If any condition 
listed in paragraph (a) of this section is present, the person 
conducting the examination shall make a record of the condition and the 
date. Certifications and records of examinations shall be retained for 
one year.
    (e) The person making the measurements or nondestructive tests as 
required by paragraph (c) of this section shall record the measurements 
or test results and the date. This record shall be retained until the 
rope is retired from service.



Sec. 57.19024  Retirement criteria.

    Unless damage or deterioration is removed by cutoff, wire ropes 
shall be removed from service when any of the following conditions 
occurs:
    (a) The number of broken wires within a rope lay length, excluding 
filler wires, exceeds either--
    (1) Five percent of the total number of wires; or
    (2) Fifteen percent of the total number of wires within any strand.
    (b) On a regular lay rope, more than one broken wire in the valley 
between strands in one rope lay length.
    (c) A loss of more than one-third of the original diameter of the 
outer wires.
    (d) Rope deterioration from corrosion.
    (e) Distortion of the rope structure.
    (f) Heat damage from any source.
    (g) Diameter reduction due to wear that exceeds six percent of the 
baseline diameter measurement.
    (h) Loss of more than ten percent of rope strength as determined by 
nondestructive testing.



Sec. 57.19025  Load end attachments.

    (a) Wire rope shall be attached to the load by a method that 
develops at least 80 percent of the nominal strength of the rope.
    (b) Except for terminations where use of other materials is a design 
feature, zinc (spelter) shall be used for socketing wire ropes. Design 
feature means either the manufacturer's original design or a design 
approved by a registered professional engineer
    (c) Load end attachment methods using splices are prohibited.



Sec. 57.19026  Drum end attachment.

    (a) For drum end attachment, wire rope shall be attached--
    (1) Securely by clips after making one full turn around the drum 
spoke;
    (2) Securely by clips after making one full turn around the shaft, 
if the drum is fixed to the shaft; or
    (3) By properly assembled anchor bolts, clamps, or wedges, provided 
that the attachment is a design feature of the hoist drum. Design 
feature means either the manufacturer's original design or a design 
approved by a registered professional engineer.
    (b) A minimum of three full turns of wire rope shall be on the drum 
when the rope is extended to its maximum working length.



Sec. 57.19027  End attachment retermination.

    Damaged or deteriorated wire rope shall be removed by cutoff and the 
rope reterminated where there is--
    (a) More than one broken wire at an attachment;
    (b) Improper installation of an attachment;
    (c) Slippage at an attachment; or
    (d) Evidence of deterioration from corrosion at an attachment.



Sec. 57.19028  End attachment replacement.

    Wire rope attachments shall be replaced when cracked, deformed, or 
excessively worn.



Sec. 57.19030  Safety device attachments.

    Safety device attachments to hoist ropes shall be selected, 
installed, and maintained according to manufacturers' specifications to 
minimize internal corrosion and weakening of the hoist rope.

                         Headframes and Sheaves



Sec. 57.19035  Headframe design.

    All headframes shall be constructed with suitable design 
considerations to

[[Page 393]]

allow for all dead loads, live loads, and wind loads.



Sec. 57.19036  Headframe height.

    Headframes shall be high enough to provide clearance for overtravel 
and safe stopping of the conveyance.



Sec. 57.19037  Fleet angles.

    Fleet angles on hoists installed after November 15, 1979, shall not 
be greater than one and one-half degrees for smooth drums or two degrees 
for grooved drums.



Sec. 57.19038  Platforms around elevated head sheaves.

    Platforms with toeboards and handrails shall be provided around 
elevated head sheaves.

                               Conveyances



Sec. 57.19045  Metal bonnets.

    Man cages and skips used for hoisting or lowering employees or other 
persons in any vertical shaft or any incline shaft with an angle of 
inclination of forty-five degrees from the horizontal, shall be covered 
with a metal bonnet.



Sec. 57.19049  Hoisting persons in buckets.

    Buckets shall not be used to hoist persons except during shaft 
sinking operations, inspection, maintenance, and repairs.



Sec. 57.19050  Bucket requirements.

    Buckets used to hoist persons during vertical shaft sinking 
operations shall--
    (a) Be securely attached to a crosshead when traveling in either 
direction between the lower and upper crosshead parking locations;
    (b) Have overhead protection when the shaft depth exceeds 50 feet;
    (c) Have sufficient depth or a suitably designed platform to 
transport persons safely in a standing position; and
    (d) Have devices to prevent accidental dumping where the bucket is 
supported by a bail attached to its lower half.



Sec. 57.19054  Rope guides.

    Where rope guides are used in shafts other than in shaft sinking 
operations, the rope guides shall be a type of lock coil construction.

                           Hoisting Procedures



Sec. 57.19055  Availability of hoist operator for manual hoists.

    When a manually operated hoist is used, a qualified hoistman shall 
remain within hearing of the telephone or signal device at all times 
while any person is underground.



Sec. 57.19056  Availability of hoist operator for automatic hoists.

    When automatic hoisting is used, a competent operator of the hoist 
shall be readily available at or near the hoisting device while any 
person is underground.



Sec. 57.19057  Hoist operator's physical fitness.

    No person shall operate a hoist unless within the preceding 12 
months he has had a medical examination by a qualified, licensed 
physician who shall certify his fitness to perform this duty. Such 
certification shall be available at the mine.



Sec. 57.19058  Experienced hoist operators.

    Only experienced hoistmen shall operate the hoist except in cases of 
emergency and in the training of new hoistmen.



Sec. 57.19061  Maximum hoisting speeds.

    The safe speed for hoisting persons shall be determined for each 
shaft, and this speed shall not be exceeded. Persons shall not be 
hoisted at a speed faster than 2,500 feet per minute, except in an 
emergency.



Sec. 57.19062  Maximum acceleration and deceleration.

    Maximum normal operating acceleration and deceleration shall not 
exceed 6 feet per second per second. During emergency braking, the 
deceleration shall not exceed 16 feet per second per second.



Sec. 57.19063  Persons allowed in hoist room.

    Only authorized persons shall be in hoist rooms.

[[Page 394]]



Sec. 57.19065  Lowering conveyances by the brakes.

    Conveyances shall not be lowered by the brakes alone except during 
emergencies.



Sec. 57.19066  Maximum riders in a conveyance.

    In shafts inclined over 45 degrees, the operator shall determine and 
post in the conveyance or at each shaft station the maximum number of 
persons permitted to ride in a hoisting conveyance at any one time. Each 
person shall be provided a minimum of 1.5 square feet of floor space.



Sec. 57.19067  Trips during shift changes.

    During shift changes, an authorized person shall be in charge of 
each trip in which persons are hoisted.



Sec. 57.19068  Orderly conduct in conveyances.

    Persons shall enter, ride, and leave conveyances in an orderly 
manner.



Sec. 57.19069  Entering and leaving conveyances.

    Persons shall not enter or leave conveyances which are in motion or 
after a signal to move the conveyance has been given to the hoistman.



Sec. 57.19070  Closing cage doors or gates.

    Cage doors or gates shall be closed while persons are being hoisted; 
they shall not be opened until the cage has come to a stop.



Sec. 57.19071  Riding in skips or buckets.

    Persons shall not ride in skips or buckets with muck, supplies, 
materials, or tools other than small hand tools.



Sec. 57.19072  Skips and cages in same compartment.

    When combinations of cages and skips are used in the same 
compartment, the cages shall be enclosed to protect personnel from 
flying material and the hoist speed reduced to man-speed as defined in 
standard 57.19061, but not to exceed 1,000 feet per minute. Muck shall 
not be hoisted with personnel during shift changes.



Sec. 57.19073  Hoisting during shift changes.

    Rock or supplies shall not be hoisted in the same shaft as persons 
during shift changes, unless the compartments and dumping bins are 
partitioned to prevent spillage into the cage compartment.



Sec. 57.19074  Riding the bail, rim, bonnet, or crosshead.

    Persons shall not ride the bail, rim, bonnet, or crosshead of any 
shaft conveyance except when necessary for inspection and maintenance, 
and then only when suitable protection for persons is provided.



Sec. 57.19075  Use of open hooks.

    Open hooks shall not be used to hoist buckets or other conveyances.



Sec. 57.19076  Maximum speeds for hoisting persons in buckets.

    When persons are hoisted in buckets, speeds shall not exceed 500 
feet per minute and shall not exceed 200 feet per minute when within 100 
feet of the intended station.



Sec. 57.19077  Lowering buckets.

    Buckets shall be stopped about 15 feet from the shaft bottom to 
await a signal from one of the crew on the bottom for further lowering.



Sec. 57.19078  Hoisting buckets from the shaft bottom.

    All buckets shall be stopped after being raised about three feet 
above the shaft bottom. A bucket shall be stabilized before a hoisting 
signal is given to continue hoisting the bucket to the crosshead. After 
a hoisting signal is given, hoisting to the crosshead shall be at a 
minimum speed. The signaling device shall be attended constantly until a 
bucket reaches the guides. When persons are hoisted, the signaling 
devices shall be attended until the crosshead has been engaged.



Sec. 57.19079  Blocking mine cars.

    Where mine cars are hoisted by cage or skip, means for blocking cars 
shall be provided at all landings and also on the cage.

[[Page 395]]



Sec. 57.19080  Hoisting tools, timbers, and other materials.

    When tools, timbers, or other materials are being lowered or raised 
in a shaft by means of a bucket, skip, or cage, they shall be secured or 
so placed that they will not strike the sides of the shaft.



Sec. 57.19081  Conveyances not in use.

    When conveyances controlled by a hoist operator are not in use, they 
shall be released and the conveyances shall be raised or lowered a 
suitable distance to prevent persons from boarding or loading the 
conveyances.



Sec. 57.19083  Overtravel backout device.

    A manually operated device shall be installed on each electric hoist 
that will allow the conveyance or counterbalance to be removed from an 
overtravel position. Such device shall not release the brake, or brakes, 
holding the overtravelled conveyance or counterbalance until sufficient 
drive motor torque has been developed to assure movement of the 
conveyance or counterbalance in the correct direction only.

                                Signaling



Sec. 57.19090  Dual signaling systems.

    There shall be at least two effective approved methods of signaling 
between each of the shaft stations and the hoist room, one of which 
shall be a telephone or speaking tube.



Sec. 57.19091  Signaling instructions to hoist operator.

    Hoist operators shall accept hoisting instructions only by the 
regular signaling system unless it is out of order. In such an event, 
and during other emergencies, the hoist operator shall accept 
instructions to direct movement of the conveyances only from authorized 
persons.



Sec. 57.19092  Signaling from conveyances.

    A method shall be provided to signal the hoist operator from cages 
or other conveyances at any point in the shaft.



Sec. 57.19093  Standard signal code.

    A standard code of hoisting signals shall be adopted and used at 
each mine. The movement of a shaft conveyance on a ``one bell'' signal 
is prohibited.



Sec. 57.19094  Posting signal code.

    A legible signal code shall be posted prominently in the hoist house 
within easy view of the hoistmen, and at each place where signals are 
given or received.



Sec. 57.19095  Location of signal devices.

    Hoisting signal devices shall be positioned within easy reach of 
persons on the shaft bottom or constantly attended by a person stationed 
on the lower deck of the sinking platform.



Sec. 57.19096  Familiarity with signal code.

    Any person reponsible for receiving or giving signals for cages, 
skips, and mantrips when persons or materials are being transported 
shall be familiar with the posted signaling code.

                                 Shafts



Sec. 57.19100  Shaft landing gates.

    Shaft landings shall be equipped with substantial safety gates so 
constructed that materials will not go through or under them; gates 
shall be closed except when loading or unloading shaft conveyances.



Sec. 57.19101  Stopblocks and derail switches.

    Positive stopblocks or a derail switch shall be installed on all 
tracks leading to a shaft collar or landing.



Sec. 57.19102  Shaft guides.

    A means shall be provided to guide the movement of a shaft 
conveyance.



Sec. 57.19103  Dumping facilities and loading pockets.

    Dumping facilities and loading pockets shall be constructed so as to 
minimize spillage into the shaft.



Sec. 57.19104  Clearance at shaft stations.

    Suitable clearance at shaft stations shall be provided to allow safe 
movement of persons, equipment and materials.

[[Page 396]]



Sec. 57.19105  Landings with more than one shaft entrance.

    A safe means of passage around open shaft compartments shall be 
provided on landings with more than one entrance to the shaft.



Sec. 57.19106  Shaft sets.

    Shaft sets shall be kept in good repair and clean of hazardous 
material.



Sec. 57.19107  Precautions for work in compartment affected by hoisting 
operation.

    Hoistmen shall be informed when persons are working in a compartment 
affected by that hoisting operation and a ``Men Working in Shaft'' sign 
shall be posted at the hoist.



Sec. 57.19108  Posting warning signs during shaft work.

    When persons are working in a shaft ``Men Working in Shaft'' signs 
shall be posted at all devices controlling hoisting operations that may 
endanger such persons.



Sec. 57.19109  Shaft inspection and repair.

    Shaft inspection and repair work in vertical shafts shall be 
performed from substantial platforms equipped with bonnets or equivalent 
overhead protection.



Sec. 57.19110  Overhead protection for shaft deepening work.

    A substantial bulkhead or equivalent protection shall be provided 
above persons at work deepening a shaft.



Sec. 57.19111  Shaft-sinking ladders.

    Substantial fixed ladders shall be provided from the collar to as 
near the shaft bottom as practical during shaft-sinking operations, or 
an escape hoist powered by an emergency power source shall be provided. 
When persons are on the shaft bottom, a chain ladder, wire rope ladder, 
or other extension ladders shall be used from the fixed ladder or lower 
limit of the escape hoist to the shaft bottom.

                       Inspection and Maintenance



Sec. 57.19120  Procedures for inspection, testing, and maintenance.

    A systematic procedure of inspection, testing and maintenance of 
shaft and hoisting equipment shall be developed and followed. If it is 
found or suspected that any part is not functioning properly, the hoist 
shall not be used until the malfunction has been located and repaired or 
adjustments have been made.



Sec. 57.19121  Recordkeeping.

    At the time of completion, the person performing inspections, tests, 
and maintenance of shafts and hoisting equipment required in standard 
57.19120 shall certify, by signature and date, that they have been done. 
A record of any part that is not functioning properly shall be made and 
dated. Certifications and records shall be retained for one year.

(Sec. 101, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 
(30 U.S.C. 811))

[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33722, June 29, 1995]



Sec. 57.19122  Replacement parts.

    Parts used to repair hoists shall have properties that will ensure 
the proper and safe function of the hoist.



Sec. 57.19129  Examinations and tests at beginning of shift.

    Hoistmen shall examine their hoists and shall test overtravel, 
deadman controls, position indicators, and braking mechanisms at the 
beginning of each shift.



Sec. 57.19130  Conveyance shaft test.

    Before hoisting persons and to assure that the hoisting compartments 
are clear of obstructions, empty hoist conveyances shall be operated at 
least one round trip after--
    (a) Any hoist or shaft repairs or related equipment repairs that 
might restrict or obstruct conveyance clearance;
    (b) Any oversize or overweight material or equipment trips that 
might restrict or obstruct conveyance clearance;

[[Page 397]]

    (c) Blasting in or near the shaft that might restrict or obstruct 
conveyance clearance; or
    (d) Remaining idle for one shift or longer.



Sec. 57.19131  Hoist conveyance connections.

    Hoist conveyance connections shall be inspected at least once during 
any 24-hour period that the conveyance is used for hoisting persons.



Sec. 57.19132  Safety catches.

    (a) A performance drop test of hoist conveyance safety catches shall 
be made at the time of installation, or prior to installation in a 
mockup of the actual installation. The test shall be certified to in 
writing by the manufacturer or by a registered professional engineer 
performing the test.
    (b) After installation and before use, and at the beginning of any 
seven day period during which the conveyance is to be used, the 
conveyance shall be suitably rested and the hoist rope slackened to test 
for the unrestricted functioning of the safety catches and their 
activating mechanisms.
    (c) The safety catches shall be inspected by a competent person at 
the beginning of any 24-hour period that the conveyance is to be used.



Sec. 57.19133  Shaft.

    Shafts that have not been inspected within the past 7 days shall not 
be used until an inspection has been conducted by a competent person.



Sec. 57.19134  Sheaves.

    Sheaves in operating shafts shall be inspected weekly and kept 
properly lubricated.



Sec. 57.19135  Rollers in inclined shafts.

    Rollers used in operating inclined shafts shall be lubricated, 
properly aligned, and kept in good repair.



                         Subpart S_Miscellaneous



Sec. 57.20001  Intoxicating beverages and narcotics.

    Intoxicating beverages and narcotics shall not be permitted or used 
in or around mines. Persons under the influence of alcohol or narcotics 
shall not be permitted on the job.



Sec. 57.20002  Potable water.

    (a) An adequate supply of potable drinking water shall be provided 
at all active working areas.
    (b) The common drinking cup and containers from which drinking water 
must be dipped or poured are prohibited.
    (c) Where single service cups are supplied, a sanitary container for 
unused cups and a receptacle for used cups shall be provided.
    (d) When water is cooled by ice, the ice shall either be of potable 
water or shall not come in contact with the water.
    (e) Potable water outlets shall be posted.
    (f) Potable water systems shall be constructed to prevent backflow 
or backsiphonage of non-potable water.



Sec. 57.20003  Housekeeping.

    At all mining operations--
    (a) Workplaces, passageways, storerooms, and service rooms shall be 
kept clean and orderly;
    (b) The floor of every workplace shall be maintained in a clean and, 
so far as possible, dry condition. Where wet processes are used, 
drainage shall be maintained, and false floors, platforms, mats, or 
other dry standing places shall be provided where practicable; and
    (c) Every floor, working place, and passageway shall be kept free 
from protruding nails, splinters, holes, or loose boards, as 
practicable.



Sec. 57.20005  Carbon tetrachloride.

    Carbon tetrachloride shall not be used.



Sec. 57.20008  Toilet facilities.

    (a) Toilet facilities shall be provided at locations that are 
compatible with the mine operations and that are readily accessible to 
mine personnel.
    (b) The facilities shall be kept clean and sanitary. Separate toilet 
facilities shall be provided for each sex except where toilet rooms will 
be occupied by no more than one person at a time and can be locked from 
the inside.

[[Page 398]]



Sec. 57.20009  Tests for explosive dusts.

    Dusts suspected of being explosive shall be tested for 
explosibility. If tests prove positive, appropriate control measures 
shall be taken.



Sec. 57.20010  Retaining dams.

    If failure of a water or silt retaining dam will create a hazard, it 
shall be of substantial construction and inspected at regular intervals.



Sec. 57.20011  Barricades and warning signs.

    Areas where health or safety hazards exist that are not immediately 
obvious to employees shall be barricaded, or warning signs shall be 
posted at all approaches. Warning signs shall be readily visible, 
legible, and display the nature of the hazard and any protective action 
required.



Sec. 57.20013  Waste receptacles.

    Receptacles with covers shall be provided at suitable locations and 
used for the disposal of waste food and associated materials. They shall 
be emptied frequently and shall be maintained in a clean and sanitary 
condition.



Sec. 57.20014  Prohibited areas for food and beverages.

    No person shall be allowed to consume or store food or beverages in 
a toilet room or in any area exposed to a toxic material.



Sec. 57.20020  Unattended mine openings.

    Access to unattended mine openings shall be restricted by gates or 
doors, or the openings shall be fenced and posted.



Sec. 57.20021  Abandoned mine openings.

    Upon abandonment of a mine, the owner or operator shall effectively 
close or fence off all surface openings down which persons could fall or 
through which persons could enter. Upon or near all such safeguards, 
trespass warnings and appropriate danger notices shall be posted.



Sec. 57.20031  Blasting underground in hazardous areas.

    In underground areas where dangerous accumulations of water, gas, 
mud, or fire atmosphere could be encountered, persons shall be removed 
to safe places before blasting.



Sec. 57.20032  Two-way communication equipment for underground operations.

    Telephones or other two-way communication equipment with 
instructions for their use shall be provided for communication from 
underground operations to the surface.



   Subpart T_Safety Standards for Methane in Metal and Nonmetal Mines

    Authority: 30 U.S.C. 811.

    Source: 52 FR 24941, July 1, 1987, unless otherwise noted.

                                 General



Sec. 57.22001  Scope.

    This subpart T sets forth procedures and safety standards for each 
metal and nonmetal underground mine subject to the Federal Mine Safety 
and Health Act of 1977. All metal and nonmetal mines will be placed into 
one of the categories or subcategories defined in this subpart. Mines 
shall operate in accordance with the applicable standards in this 
subpart to protect persons against the hazards of methane gas and dust 
containing volatile matter. The standards in this subpart apply to 
underground mines as well as surface mills at Subcategory I-C mines. 
These mines are also required to be operated in accordance with the 
other applicable health and safety standards published in 30 CFR part 
57.



Sec. 57.22002  Definitions.

    The following definitions apply in this subpart:
    Competent person. A person designated by the mine operator who has 
sufficient experience and training to perform the assigned task.
    Explosive material. Explosives, blasting agents, and detonators. 
Explosives are substances classified as explosives by the Department of 
Transportation in Sec. Sec. 173.53, 173.88, and 173.100 of Title 49 of 
the Code of Federal Regulations

[[Page 399]]

(1986 Edition). Blasting agents are substances classified as blasting 
agents by the Department of Transportation in Sec. 173.114(a) of Title 
49 of the Code of Federal Regulations (1986 Edition). Detonators are 
devices containing a detonating charge used to initiate explosives. 
Examples of detonators are blasting caps, electric or non-electric 
instantaneous or delay blasting caps and delay connectors. [A copy of 
Title 49 is available at any Metal and Nonmetal Mine Safety and Health 
District Office of the Mine Safety and Health Administration].
    Substantial construction. Construction of such strength, material, 
and workmanship that the object will withstand air blasts, blasting 
shock, ground movement, pressure differentials, wear, and usage which 
may be expected to occur in the mining environment.

[52 FR 24941, July 1, 1987, as amended at 69 FR 38842, June 29, 2004]

                           Mine Categorization



Sec. 57.22003  Mine category or subcategory.

    (a) All underground mines, and the surface mills of Subcategory I-C 
mines (gilsonite), shall be placed into one of the following categories 
or subcategories to protect persons against the hazards of methane and 
dusts containing volatile matter. Categories and subcategories are 
defined as follows:
    (1) Category I applies to mines that operate within a combustible 
ore body and either liberate methane or have the potential to liberate 
methane based on the history of the mine or the geological area in which 
the mine is located. Category I is divided into Subcategories I-A, I-B, 
and I-C as follows:
    (i) Subcategory I-A applies to mines that operate within a 
combustible ore body and liberate methane and in which--
    (A) A concentration of 0.25 percent or more methane has been 
detected in the mine atmosphere and confirmed by laboratory analysis; or
    (B) An ignition of methane has occurred.
    (ii) Subcategory I-B applies to mines that operate within a 
combustible ore body and have the potential to liberate methane based on 
the history of the mine or geological area in which the mine is located 
and in which--
    (A) A concentration of 0.25 percent or more methane has not been 
detected in the mine atmosphere; and
    (B) An ignition of methane has not occurred.
    (iii) Subcategory I-C applies to mines in which the product 
extracted is combustible and the dust has a volatile matter content of 
60 percent or more measured on a moisture free basis\1\.
---------------------------------------------------------------------------

    \1\ Measured by the American Society for Testing and Materials, ASTM 
D 3175-82, Standard Test Method for Volatile Matter in the Analysis 
Sample of Coal and Coke. (This document is available at any Metal and 
Nonmetal Mine Safety and Health District Office of the Mine Safety and 
Health Administration).
---------------------------------------------------------------------------

    (2) Category II applies to domal salt mines where the history of the 
mine or geological area indicates the occurrence of or the potential for 
an outburst. Category II is divided into Subcategories II-A and II-B as 
follows:
    (i) Subcategory II-A applies to domal salt mines where an outburst 
reportable under Sec. 57.22004(c)(1) has occurred.
    (ii) Subcategory II-B applies to domal salt mines where an outburst 
reportable under Sec. 57.22004(c)(1) has not occurred, but which have 
the potential for an outburst based on the history of the mine or 
geological area in which the mine is located.
    (3) Category III applies to mines in which noncombustible ore is 
extracted and which liberate a concentration of methane that is 
explosive, or is capable of forming explosive mixtures with air, or have 
the potential to do so based on the history of the mine or the 
geological area in which the mine is located. The concentration of 
methane in such mines is explosive or is capable of forming explosive 
mixtures if mixed with air as illustrated by Table 1 below, entitled 
``Relation Between Quantitative Composition and Explosibility of 
Mixtures of Methane and Air''.

[[Page 400]]

[GRAPHIC] [TIFF OMITTED] TC21OC91.048

    (4) Category IV applies to mines in which noncombustible ore is 
extracted and which liberate a concentration of methane that is not 
explosive nor capable of forming explosive mixtures with air based on 
the history of the mine or the geological area in which the mine is 
located. The concentration of methane in such mines is not explosive nor 
capable of forming explosive mixtures if mixed with air as illustrated 
by Table 1 above, entitled ``Relation Between Quantitative Composition 
and Explosibility of Mixtures of Methane and Air''.
    (5) Category V applies to petroleum mines. Category V is divided 
into Subcategories V-A and V-B as follows:
    (i) Subcategory V-A applies to petroleum mines that operate entirely 
or partially within an oil reservoir; and all other petroleum mines in 
which--
    (A) A concentration of 0.25 percent or more methane has been 
detected in the mine atmosphere and confirmed by laboratory analysis; or
    (B) An ignition of methane has occurred.
    (ii) Subcategory V-B applies to petroleum mines that operate outside 
of and drill into an oil resevoir and in which--

[[Page 401]]

    (A) A concentration of 0.25 percent or more methane has not been 
detected in the mine atmosphere; and
    (B) An ignition of methane has not occurred.
    (6) Category VI applies to mines in which the presence of methane 
has not been established and are not included in another category or 
subcategory.
    (b) Category or subcategory placement or change in placement shall 
include consideration of the following:
    (1) The history and geology of the mine or of the geological area in 
which the mine is located;
    (2) The ore body and host rock;
    (3) The character, amount, duration, origin, and nature of methane 
emission and the presence of explosive dust and inert gases; and
    (4) Whether or not conditions encountered during primary or access 
development are transient or permanent.
    (c)(1) Gas samples for the purpose of category or subcategory 
placement or change in placement, and for determining action levels, 
shall be taken in the mine atmosphere. Gas samples taken to determine 
the nature and extent of an occurrence under Sec. 57.22004 (c) and (d) 
may be taken at any location, including the source, point of entry and 
the mine atmosphere.
    (2) Tests for methane shall be made with hand-held methanometers, 
methane monitors, atmospheric monitoring systems, devices used to 
provide laboratory analysis of samples, or with other equally effective 
sampling devices. However, only methane samples that have been confirmed 
by laboratory analysis shall be used for category or subcategory 
placement or change in placement.
    (d) Each mine and mill shall be required to operate in accordance 
with the safety standards applicable to its particular category or 
subcategory.



Sec. 57.22004  Category placement or change in placement.

    The Administrator for Metal and Nonmetal Mine Safety and Health 
(Administrator) shall be responsible for category and subcategory 
placement, change in placement, and notification of placement of mines.
    (a) The Administrator's proposed notice of placement or change in 
placement shall be sent to the mine operator and the appropriate 
representative of miners and shall include--
    (1) The category or subcategory;
    (2) The reasons for placement or change in placement;
    (3) The data considered;
    (4) The applicable standards and a time schedule for the mine 
operator to achieve compliance;
    (5) Whether or not conditions encountered during primary or access 
development are transient or permanent; and
    (6) Notification of the right to appeal the Administrator's 
determination under Sec. 57.22005.
    (b) The operator or the representative of the miners shall have the 
right to request of the Administrator reassignment of the mine to a more 
appropriate category or subcategory if, based on operating experience, 
the conditions set forth in Sec. 57.22003(b) indicate that the hazards 
of methane exist under circumstances more appropriately governed by a 
different category or subcategory. In response to such a request, the 
procedures set forth in paragraph (d) of this section shall apply. While 
the request for category or subcategory reassignment is pending, the 
mine shall continue to operate under the standards for the category or 
subcategory to which originally assigned.
    (c) MSHA shall be notified as soon as possible if any of the 
following events occur:
    (1) An outburst that results in 0.25 percent or more methane in the 
mine atmosphere;
    (2) A blowout that results in 0.25 percent or more methane in the 
mine atmosphere;
    (3) An ignition of methane; or
    (4) Air sample results that indicate 0.25 percent or more methane in 
the mine atmosphere of a Subcategory I-B, I-C, II-B, V-B or Category VI 
mine.
    (d) The Administrator shall promptly appoint an MSHA committee to 
investigate occurrences reported in accordance with paragraph (c) of 
this section or requests filed in accordance with paragraph (b) of this 
section. Upon completion of an investigation, the committee shall make a 
written report of the findings. These investigations

[[Page 402]]

may include an evaluation of the following:
    (1) Source, nature, and extent of occurrences;
    (2) Conditions under which the incident occurred;
    (3) Samples and tests;
    (4) Physical conditions at the time of the occurrence;
    (5) Charts, logs, and records related to the occurrence;
    (6) Whether the occurrence is isolated, continuous, or could recur;
    (7) Conditions indicating that the hazards of methane no longer 
exist or exist under circumstances more appropriately governed by a 
different category or subcategory;
    (8) The geology of the mine and the geological area in which the 
mine is located; and
    (9) Statements by witnesses, company officials, employees, and other 
persons having knowledge of the mine or the occurrence. Representatives 
of the mine operator, the miners and the appropriate State agency may 
participate in the investigation.

[52 FR, 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987; 
60 FR 33722, June 29, 1995]



Sec. 57.22005  Notice and appeal of placement or change in placement.

    (a) The Administrator's determination of category or subcategory 
placement or change in placement shall become final upon the 30th day 
after it is served on the mine operator and representative of miners, 
unless a request for a hearing has been filed. Service of the 
Administrator's determination is complete upon mailing by registered or 
certified mail, return receipt requested.
    (b) The mine operator or representative of miners may obtain review 
of the Administrator's determination by filing a request for a hearing 
with the Assistant Secretary of Labor for Mine Safety and Health, Mine 
Safety and Health Administration, 1100 Wilson Blvd., Room 2322, 
Arlington, Virginia 22209-3939 within 30 days of the Administrator's 
determination. Service of a request for hearing is completed upon 
mailing by registered or certified mail, return receipt requested. 
Requests for a hearing shall be in writing and contain the following 
information:
    (1) Name, address, and mine identification number;
    (2) A concise statement of the reason why the Administrator's 
determination is inappropriate; and
    (3) A copy of the Administrator's determination.
    (c) The mine operator shall post a copy of the Administrator's 
determination and the request for a hearing on the mine bulletin board, 
and shall maintain the posting until the placement becomes final.
    (d) Promptly after receipt of the request for a hearing, the 
Assistant Secretary shall refer to the Chief Administrative Law Judge, 
United States Department of Labor, the following:
    (1) The request for a hearing;
    (2) The Administrator's determination; and
    (3) All information upon which the Administrator's determination was 
based.
    (e) The hearing shall be regulated and conducted by an 
Administrative Law Judge in accordance with 29 CFR part 18, entitled, 
``Rules of Practice and Procedure for Administrative Hearings Before the 
Office of Administrative Law Judges.'' Once the Administrative Law Judge 
has made an initial decision and served each party, the decision shall 
be final on the 30th day after service, unless discretionary review is 
undertaken by the Assistant Secretary or an appeal is filed by the mine 
operator or representative of the miners under paragraph (f) of this 
section.
    (f) Within 30 days after service of an initial decision of an 
Administrative Law Judge, the Assistant Secretary for Mine Safety and 
Health may undertake a discretionary review of the initial decision, or 
the mine operator, or representative of the miners may appeal the 
initial decision of the Administrative Law Judge to the Assistant 
Secretary.
    (1) The Assistant Secretary shall give notice of discretionary 
review to the mine operator and representative of the miners. The mine 
operator or representative of the miners shall give notice of an appeal 
to the other party. The notice shall specify the suggested

[[Page 403]]

changes and refer to the specific findings of fact, conclusions of law, 
and terms of the initial decision to be reviewed or appealed. The 
Assistant Secretary shall fix a time for filing any objections to the 
suggested changes and supporting reasons.
    (2) The Assistant Secretary shall promptly notify the Administrative 
Law Judge of a discretionary review or an appeal. The entire record of 
the proceedings shall be transmitted to the Assistant Secretary for 
review.
    (3) The Assistant Secretary shall make the final decision based upon 
consideration of the record of the proceedings. The final decision may 
affirm, modify, or set aside in whole or in part, the findings and 
conclusions contained in the initial decision. A statement of reasons 
for the action taken shall be included in the final decision. The final 
decision shall be served upon the mine operator and representative of 
the miners.
    (g) Unless a decision by the Administrator for Metal and Nonmetal 
Mine Safety and Health, or the initial decision of the Administrative 
Law Judge, is appealed within 30 days, it becomes final, and is not 
subject to judicial review for the purposes of 5 U.S.C. 704. Only a 
decision by the Assistant Secretary shall be considered final Agency 
action for purposes of judicial review. Any such appeal must be filed in 
the appropriate circuit of the United States Court of Appeal.
    (h) While a final decision of category placement is pending the 
following procedures shall apply:
    (1) Where a mine has been classified as gassy prior to the effective 
date of these standards, existing gassy mines standards 30 CFR 57.21001 
through 57.21101 (1986 Edition) shall continue to be applicable until 
placement is final.
    (2) Where a mine has not been classified as gassy prior to the 
effective date of these standards and it is placed in Categories I 
through V, the mine shall comply with Category VI standards (Sec. Sec. 
57.22231, 57.22232, 57.22236, and 57.22238) until placement is final.
    (3) Where a mine has been classified in Categories I through V after 
the effective date of these standards and category reassignment is being 
considered, the mine shall comply with the standards applicable to the 
category to which presently assigned until category placement is final.

[52 FR 24941, July 1, 1987; 52 FR 27903, July 24, 1987, as amended at 67 
FR 38385, June 4, 2002]

                       Fire Prevention and Control

    Note: The Category or Subcategory applicability of each standard 
appears in the parentheses of each standard's title line].



Sec. 57.22101  Smoking (I-A, II-A, III, and V-A mines).

    Persons shall not smoke or carry smoking materials, matches, or 
lighters underground. The operator shall institute a reasonable program 
to assure that persons entering the mine do not carry such items.



Sec. 57.22102  Smoking (I-C mines).

    (a) Persons shall not smoke or carry smoking materials, matches, or 
lighters underground or within 50 feet of a mine opening. The operator 
shall institute a reasonable program to assure that persons entering the 
mine do not carry such items.
    (b) Smoking is prohibited in surface milling facilities except in 
designated, dust-free smoking areas.



Sec. 57.22103  Open flames (I-A, II-A, III, and V-A mines).

    Open flames shall not be permitted underground except for welding, 
cutting, and other maintenance operations, and for igniting underground 
retorts in a Subcategory I-A mine. When using open flames in other than 
fresh air, or in places where methane may enter the air current, tests 
for methane shall be conducted by a competent person before work is 
started and every 10 minutes until the job is completed. Continuous 
methane monitors with audible alarms may be used after the initital test 
has been conducted as an alternative to the ten-minute interval testing 
requirement. Open flames shall not be used in atmospheres containing 0.5 
percent or more methane.



Sec. 57.22104  Open flames (I-C mines).

    (a) Open flames, including cutting and welding, shall not be used 
underground.

[[Page 404]]

    (b) Welding and cutting shall not be done within 50 feet of a mine 
opening unless all persons are out of the mine and the mine opening is 
covered. The cover shall be a substantial material, such as metal or 
wood, topped with a layer of wetted material to prevent sparks and 
flames from entering the mine opening.



Sec. 57.22105  Smoking and open flames (IV mines).

    Smoking or open flames shall not be permitted in a face or raise, or 
during release of gas from a borehole until tests have been conducted in 
accordance with Sec. 57.22226 and the methane level has been determined 
to be below 0.5 percent.



Sec. 57.22106  Dust containing volatile matter (I-C mines).

    Dust containing volatile matter shall not be allowed to accumulate 
on the surfaces of enclosures, facilities, or equipment used in surface 
milling in amounts that, if suspended in air, would become an explosive 
mixture. An explosive mixture of dust containing volatile matter is 0.02 
ounce or more per cubic foot of air.

                               Ventilation



Sec. 57.22201  Mechanical ventilation (I-A, I-B, I-C, II-A, II-B, III, 
IV, V-A, and V-B mines).

    All mines shall be ventilated mechanically.



Sec. 57.22202  Main fans (I-A, I-B, I-C, II-A, III, V-A, and V-B mines).

    (a) Main fans shall be--
    (1) Installed on the surface in noncombustible housings provided 
with noncombustible air ducts;
    (2) Except in Subcategory I-A mines, provided with an automatic 
signal device to give an alarm when the fan stops. The signal device 
shall be located so that it can be seen or heard by a person designated 
by the mine operator.
    (b) Fan installations shall be--
    (1) Offset so that the fan and its associated components are not in 
direct line with possible explosive forces;
    (2) Equipped with explosion-doors, a weak-wall, or other equivalent 
devices located to relieve the pressure that would be created by an 
explosion underground. The area of the doors or weak-wall shall be at 
least equivalent to the average cross-sectional area of the airway.
    (c) (1) All main fan-related electrical equipment and cables located 
within or exposed to the forward or reverse airstream shall be approved 
by MSHA under the appliable requirements of 30 CFR part 18;
    (2) Drive belts and nonmetallic fan blades shall be constructed of 
static-conducting material; and
    (3) Aluminum alloy fan blades shall not contain more than 0.5 
percent magnesium. [Paragraph (c)(3) of this section does not apply to 
Subcategory I-C mines].
    (d) When an internal combustion engine is used to power a main fan 
or as standby power, the engine shall be--
    (1) Installed in a noncombustible housing;
    (2) Protected from a possible fuel supply fire or explosion; and
    (3) Located out of direct line with the forward and reverse 
airstream provided by the fan. Engine exhaust gases shall be vented to 
the atomsphere so that exhaust cannot contaminate mine intake air.
    (e) For Subcategory I-A mines only: Main exhaust fans shall be 
equipped with methane monitors to give an alarm when methane in the 
return air reaches 0.5 percent. The alarm shall be located so that it 
can be seen or heard by a person designated by the mine operator.

[52 FR, 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987]



Sec. 57.22203  Main fan operation (I-C mines).

    Main fans shall be operated continuously while ore production is in 
progress.



Sec. 57.22204  Main fan operation and inspection (I-A, II-A, III, and V-A 
mines).

    Main fans shall be--
    (a) Provided with a pressure-recording system; and
    (b) Inspected daily while operating if persons are underground. 
Certification

[[Page 405]]

of inspections shall be made by signature and date. Certifications and 
pressure recordings shall be retained for at least one year and made 
available to an authorized representative of the Secretary.

[52 FR, 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987; 
60 FR 33722, June 29, 1995]



Sec. 57.22205  Doors on main fans (I-A, II-A, III, and V-A mines).

    In mines ventilated by multiple main fans, each main fan 
installation shall be equipped with noncombustible doors. Such doors 
shall automatically close to prevent air reversal through the fan. The 
doors shall be located so that they are not in direct line with 
explosive forces which could come out of the mine.



Sec. 57.22206  Main ventilation failure (I-A, II-A, III, and V-A mines).

    (a) When there has been a main ventilation failure, such as stoppage 
of main fans or failure of other components of the main ventilation 
system, tests for methane shall be conducted in affected active workings 
until normal air flow has resumed.
    (b) If a total failure of ventilation occurs while all persons are 
out of the mine and the failure lasts for more than 30 minutes, only 
competent persons shall be allowed underground to examine the mine or to 
make necessary ventilation changes. Other persons may reenter the mine 
after the main fans have been operational for at least 30 minutes, or 
after the mine atmosphere has been tested and contains less than 1.0 
percent methane. Persons other than examiners shall not reenter a 
Subcategory II-A mine until the methane level is less than 0.5 percent.



Sec. 57.22207  Booster fans (I-A, II-A, III, and V-A mines).

    (a) Booster fans shall be approved by MSHA under the applicable 
requirements of 30 CFR part 18, and be--
    (1) Provided with an automatic signal device located so that it can 
be seen or heard by a person designated by the mine operator to give an 
alarm when the fan stops or when methane reaches the following levels:
    (i) 1.0 percent at the fan in Subcategory I-A, Category III, and 
Subcategory V-A mines; and
    (ii) 0.5 percent at the fan in Subcategory II-A mines.
    (2) Equipped with a device that automatically deenergizes power in 
affected workings should the fan stop; and
    (3) Equipped with starting and stopping controls located at the fan 
and at another accessible remote location.
    (b) Booster fan installations, except for booster fans installed in 
ducts, shall be--
    (1) Provided with doors which open automatically when all fans in 
the installation stop; and
    (2) Provided with an air lock when passage through the fan bulkhead 
is necessary.



Sec. 57.22208  Auxiliary fans (I-A, II-A, III, and V-A mines).

    (a) Auxiliary fans, except fans used in shops and other areas which 
have been so designed that methane cannot enter the airway, shall be 
approved by MSHA under the applicable requirements of 30 CFR part 18, 
and be operated so that recirculation is minimized. Auxiliary fans shall 
not be used to ventilate work places during the interruption of normal 
mine ventilatioin.
    (b) Tests for methane shall be made at auxiliary fans before they 
are started.



Sec. 57.22209  Auxiliary fans (I-C mines).

    Electric auxiliary fans shall be approved by MSHA under the 
applicable requirements of 30 CFR part 18. Tests for methane shall be 
made at electric auxiliary fans before they are started. Such fans shall 
not be operated when air passing over or through them contains 0.5 
percent or more methane.



Sec. 57.22210  In-line filters (I-C mines).

    Filters or separators shall be installed on air-lift fan systems to 
prevent explosive concentrations of dust from passing through the fan.



Sec. 57.22211  Air flow (I-A mines).

    The average air velocity in the last open crosscut in pairs or sets 
of developing entries, or through other ventilation openings nearest the 
face, shall be

[[Page 406]]

at least 40 feet per minute. The velocity of air ventilating each face 
at a work place shall be at least 20 feet per minute.



Sec. 57.22212  Air flow (I-C, II-A, and V-A mines).

    Air flow across each working face shall be sufficient to carry away 
any accumulation of methane, smoke, fumes, and dust.



Sec. 57.22213  Air flow (III mines).

    The quantity of air coursed through the last open crosscut in pairs 
or sets of entries, or through other ventilation openings nearest the 
face, shall be at least 6,000 cubic feet per minute, or 9,000 cubic feet 
per minute in longwall and continuous miner sections. The quantity of 
air across each face at a work place shall be at least 2,000 cubic feet 
per minute.



Sec. 57.22214  Changes in ventilation (I-A, II-A, III, and V-A mines).

    (a) Changes in ventilation which affect the main air current or any 
split thereof and which adversely affect the safety of persons in the 
mine shall be made only when the mine is idle.
    (b) Only persons engaged in making such ventilation changes shall be 
permitted in the mine during changes.
    (c) Power shall be deenergized in affected areas prior to making 
ventilation changes, except power to monitoring equipment determined by 
MSHA to be intrinsically safe under 30 CFR part 18. Power shall not be 
restored until the results of the change have been determined and a 
competent person has examined affected working places for methane.



Sec. 57.22215  Separation of intake and return air (I-A, II-A, III, and 
V-A mines).

    Main intake and return air currents shall be coursed through 
separate mine openings and shall be separated throughout the mine, 
except--
    (a) Where multiple shafts are used for ventilation and a single 
shaft contains a curtain wall or partition for separation of air 
currents. Such wall or partition shall be constructed of reinforced 
concrete or other noncombustible equivalent, and provided with pressure-
relief devices.
    (b) During development of openings to the surface--
    (1) Ventilation tubing approved by MSHA in accordance with 30 CFR 
part 7 or previously issued a BC or VT acceptance number by the MSHA 
Approval and Certification Center may be used for separation of main air 
currents in the same opening. Flexible ventilation tubing shall not 
exceed 250 feet in length.
    (2) Only development related to making a primary ventilation 
connection may be performed beyond 250 feet of the shaft.

[52 FR 24941, July 1, 1987, as amended at 54 FR 30508, July 20, 1989]



Sec. 57.22216  Separation of intake and return air (I-C mines).

    The main intake and return air currents in single shafts shall be 
separated by ventilation tubing, curtain walls, or partitions. 
Ventilation tubing shall be constructed of noncombustible material. 
Curtain walls or partitions shall be constructed of reinforced concrete 
or other noncombustible equivalent, and provided with pressure-relief 
devices.



Sec. 57.22217  Seals and stoppings (I-A, I-B, and I-C mines).

    All seals, and those stoppings that separate main intake from main 
return airways, shall be of substantial construction and constructed of 
noncombustible materials, except that stoppings constructed of brattice 
materials may be used in face areas.



Sec. 57.22218  Seals and stoppings (III, V-A, and V-B mines).

    (a) All seals, and those stoppings that separate main intake from 
main return airways, shall be of substantial construction, except that 
stoppings constructed of brattice materials may be used in face areas.
    (b) Exposed surfaces on the intake side of stoppings constructed of 
combustible materials or foam-type blocks shall be coated with at least 
one inch of construction plaster containing perlite and gypsum; at least 
one inch of expanded vermiculite, Portland cement and limestone; or 
other coatings with

[[Page 407]]

equivalent fire resistance. Stoppings constructed to phenolic foam 
blocks at least 12 inches thick need not be coated for fire resistance. 
All foam-type blocks used for stopping construction shall be solid.
    (c) Exposed surfaces on the fresh air side of seals constructed of 
combustible materials shall be coated with at least one inch of 
construction plaster containing perlite and gypsum; at least one inch of 
expanded vermiculite, Portland cement and limestone; or other coatings 
with equivalent fire resistance. Foam-type blocks shall not be used for 
seals.



Sec. 57.22219  Seals and stoppings (II-A mines).

    (a) Exposed surfaces on the intake side of stoppings constructed of 
combustible materials, except brattice, shall be coated with at least 
one inch of construction plaster containing perlite and gypsum; at least 
one inch of expanded vermiculite, Portland cement and limestone; or 
other coatings with equivalent fire resistance.
    (b) Seals shall be of substantial construction. Exposed surfaces on 
the fresh air side of seals constructed of combustible materials shall 
be coated with at least one inch of construction plaster containing 
perlite and gypsum; at least one inch of expanded vermiculite, Portland 
cement and limestone; or other coatings with equivalent fire resistance. 
Foam-type blocks shall not be used for seals.



Sec. 57.22220  Air passing unsealed areas (I-A, II-A, III, and V-A mines).

    Air that has passed by or through unsealed abandoned or unsealed 
inactive areas and contains 0.25 percent or more methane shall--
    (a) Be coursed directly to a return airway;
    (b) Be tested daily for methane by a competent person; and
    (c) Not be used to ventilate work places.



Sec. 57.22221  Overcast and undercast construction (I-A, II-A, III, and 
V-A mines).

    Overcasts and undercasts shall be--
    (a) Of substantial construction;
    (b)(1) Constructed of noncombustible materials; or
    (2) Where constructed of combustible materials, the outside surfaces 
shall be coated with at least one inch of construction plaster 
containing perlite and gypsum; at least one inch of expanded 
vermiculite, Portland cement and limestone; or other coatings with 
equivalent fire resistance;
    (c) Kept clear of obstructions.



Sec. 57.22222  Ventilation materials (I-A, I-B, I-C, II-A, III, V-A, 
and V-B mines).

    Brattice cloth and ventilation tubing shall be approved by MSHA in 
accordance with 30 CFR part 7, or shall bear a BC or VT acceptance 
number issued by the MSHA Approval and Certification Center.

[54 FR 30508, July 20, 1989]



Sec. 57.22223  Crosscuts before abandonment (III mines).

    A means of ventilating faces shall be provided before workings are 
abandoned in unsealed areas, unless crosscuts are provided within 30 
feet of the face.



Sec. 57.22224  Auxiliary equipment stations (I-A and III mines).

    Battery charging stations, compressor stations, pump stations, and 
transformer stations shall be installed in intake air at locations which 
are sufficiently ventilated to prevent the accumulation of methane.



Sec. 57.22225  Auxiliary equipment stations (I-C mines).

    Battery charging stations, compressor stations, and electrical 
substations shall not be installed underground or within 50 feet of a 
mine opening.



Sec. 57.22226  Testing for methane (IV mines).

    Tests for methane shall be conducted in the mine atmosphere by a 
competent person--
    (a) At least once each shift prior to starting work in each face and 
raise; and
    (b) Upon initial release of gas into the mine atmosphere from 
boreholes.

[[Page 408]]



Sec. 57.22227  Approved testing devices (I-A, I-B, I-C, II-A, II-B, III, 
IV, V-A, and V-B mines).

    (a) Methane monitoring devices and portable, battery-powered, self-
contained devices used for measuring methane, other gases, and 
contaminants in mine air shall be approved by MSHA under the applicable 
requirements of 30 CFR parts 18, 21, 22, 23, 27, and 29. Such devices 
shall be maintained in accordance with manufacturers' instructions, or 
an equivalent maintenance and calibration procedure.
    (b)(1) Flame safety lamps shall not be used to test for methane 
except as supplementary devices.
    (2) Flame safety lamps shall not be used in Subcategory I-C mines.
    (c)(1) If electrically powered, remote sensing devices are used, 
that portion of the instrument located in return air or other places 
where combustible gases may be present shall be approved by MSHA under 
the applicable requirements of 30 CFR parts 18, 22, 23, 27, and 29.
    (2) If air samples are delivered to remote analytical devices 
through sampling tubes, such tubes shall be provided with in-line flame 
arrestors. Pumping equipment and analytical instruments shall be located 
in intake air.



Sec. 57.22228  Preshift examination (I-A, I-C, II-A, III, and V-A mines).

    (a) Preshift examinations shall be conducted within three hours 
prior to the start of the shift for which the examination is being made.
    (b) Prior to the beginning of a shift following an idle shift, a 
competent person shall test the mine atmosphere for methane at all work 
places before persons other than examiners enter the mine.
    (c) When one shift immediately follows another, a competent person 
shall test the mine atmosphere at each active working face for methane 
before work is started on that shift.
    (d) A competent person shall test the mine atmosphere at each face 
blasted before work is started.
    (e) Except in Subcategory I-C or Category III mines, vehicles used 
for transportation when examining the mine shall be approved by MSHA 
under the applicable requirements of 30 CFR parts 18 through 36.

[52 FR, 24941, July 1, 1987, as amended at 53 FR 9615, Mar. 24, 1988]



Sec. 57.22229  Weekly testing (I-A, III, and V-A mines).

    (a) The mine atmosphere shall be tested for methane and carbon 
monoxide at least once every seven days by a competent person or an 
atmospheric monitoring system, or a combination of the two. Such testing 
shall be done at the following locations:
    (1) The return of each split where it enters the main return;
    (2) Adjacent to retreat areas, if accessible;
    (3) At least one seal of each sealed area, if accessible;
    (4) Main returns;
    (5) At least one entry of each intake and return;
    (6) Idle workings; and
    (7) Return air from unsealed abandoned workings.
    (b) The volume of air (velocity in Subcategory I-A mines) shall be 
measured at least once every seven days by a competent person. Such 
measurement shall be done at the following locations:
    (1) Entering main intakes;
    (2) Leaving main returns;
    (3) Entering each main split;
    (4) Returning from each main split; and
    (5) In the last open crosscuts or other ventilation openings nearest 
the active faces where the air enters the return.
    (c) Where such examinations disclose hazardous conditions, affected 
persons shall be informed and corrective action shall be taken.
    (d) Certification of examinations shall be made by signature and 
date. Certifications shall be retained for at least one year and made 
available to authorized representatives of the Secretary.

[52 FR, 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987]



Sec. 57.22230  Weekly testing (II-A mines).

    (a) The mine atmosphere shall be tested for methane at least once 
every seven days by a competent person or an atmospheric monitoring 
system, or a

[[Page 409]]

combination of the two. Such testing shall be done at the following 
locations:
    (1) Active mining faces and benches;
    (2) Main returns;
    (3) Returns from idle workings;
    (4) Returns from abandoned workings; and
    (5) Seals.
    (b) Where such examinations disclose hazardous conditions, affected 
persons shall be informed and corrective action shall be taken.
    (c) Certification of examinations shall be made by signature and 
date. Certifications shall be kept for at least one year and made 
available to authorized representatives of the Secretary.

[52 FR, 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987; 
60 FR 33723, June 29, 1995]



Sec. 57.22231  Actions at 0.25 percent methane (I-B, II-B, V-B, and VI 
mines).

    If methane reaches 0.25 percent in the mine atmosphere, changes 
shall be made to improve ventilation, and MSHA shall be notified 
immediately.



Sec. 57.22232  Actions at 0.5 percent methane (I-B, II-A, II-B, IV, V-B, 
and VI mines).

    If methane reaches 0.5 percent in the mine atmosphere, ventilation 
changes shall be made to reduce the level of methane. Until methane is 
reduced to less than 0.5 percent, electrical power shall be deenergized 
in affected areas, except power to monitoring equipment determined by 
MSHA to be intrinsically safe under 30 CFR part 18. Diesel equipment 
shall be shut off or immediately removed from the area and no other work 
shall be permitted in affected areas.

[52 FR 24941, July 1, 1987; 52 FR 27903, July 24, 1987]



Sec. 57.22233  Actions at 0.5 percent methane (I-C mines).

    If methane reaches 0.5 percent in the mine atmosphere, ventilation 
changes shall be made to reduce the level of methane. Until methane is 
reduced to less than 0.5 percent, no other work shall be permitted in 
affected areas.

[52 FR 24941, July 1, 1987; 52 FR 27903, July 24, 1987]



Sec. 57.22234  Actions at 1.0 percent methane (I-A, I-B, III, V-A, and 
V-B mines).

    (a) If methane reaches 1.0 percent in the mine atmosphere, 
ventilation changes shall be made to reduce the methane. Until such 
changes are achieved--
    (1) All persons other than competent persons necessary to make the 
ventilation changes shall be withdrawn from affected areas;
    (2) Electrical power shall be deenergized in affected areas, except 
power to monitoring equipment determined by MSHA to be intrinsically 
safe under 30 CFR part 18; and
    (3) Diesel equipment shall be shut off or immediately removed from 
the area.
    (b) If methane reaches 1.0 percent at a main exhaust fan, electrical 
power underground shall be deenergized, except power to monitoring 
equipment determined by MSHA to be intrinsically safe under 30 CFR part 
18, and all persons shall be withdrawn from the mine.
    (c) If methane reaches 1.0 percent at a work place and there has 
been a failure of the main ventilation system, all persons shall be 
withdrawn from the mine.

[52 FR, 24941, July 1, 1987, as amended at 53 FR 9615, Mar. 24, 1988]



Sec. 57.22235  Actions at 1.0 percent methane (I-C, II-A, II-B, and IV 
mines).

    (a) If methane reaches 1.0 percent in the mine atmoshpere, all 
persons other than competent persons necessary to make ventilation 
changes shall be withdrawn from affected areas until methane is reduced 
to less than 0.5 percent.
    (b) If methane reaches 1.0 percent at a work place and there has 
been a failure of the main ventilation system, all persons shall be 
withdrawn from the mine.



Sec. 57.22236  Actions at 1.0 percent methane (VI mines).

    If methane reaches 1.0 percent in the mine atmosphere, all persons 
other than competent persons necessary to make ventilation changes shall 
be withdrawn from affected areas until methane is reduced to less than 
0.5 percent.

[[Page 410]]



Sec. 57.22237  Actions at 2.0 to 2.5 percent methane in bleeder systems 
(I-A and III mines).

    If methane reaches 2.0 percent in bleeder systems at the point where 
a bleeder split enters a main return split, mining shall not be 
permitted on ventilation splits affected by the bleeder system. If 
methane has not been reduced to less than 2.0 percent within 30 minutes, 
or if methane levels reach 2.5 percent, all persons other than competent 
persons necessary to take corrective action shall be withdrawn from 
affected areas.



Sec. 57.22238  Actions at 2.0 percent methane (I-B, II-B, V-B, and VI mines).

    If methane reaches 2.0 percent in the mine atmosphere, all persons 
other than competent persons necessary to make ventilation changes shall 
be withdrawn from the mine until methane is reduced to less than 0.5 
percent.



Sec. 57.22239  Actions at 2.0 percent methane (IV mines).

    If methane reaches 2.0 percent in the mine atmosphere, all persons 
other than competent persons necessary to make ventilation changes shall 
be withdrawn from the mine until methane is reduced to less than 0.5 
percent. MSHA shall be notified immediately.

[52 FR, 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987; 
60 FR 33723, June 29, 1995]



Sec. 57.22240  Actions at 2.0 percent methane (V-A mines).

    If methane reaches 2.0 percent in the mine atmosphere, all persons 
other than competent persons necessary to make ventilation changes shall 
be withdrawn from affected areas until methane is reduced to less than 
1.0 percent.

[52 FR 24941, July 1, 1987; 52 FR 27903, July 24, 1987]



Sec. 57.22241  Advance face boreholes (I-C mines).

    (a) Boreholes shall be drilled at least 25 feet in advance of a face 
whenever the work place is within--
    (1) 50 feet of a surveyed abandoned mine or abandoned workings which 
cannot be inspected; or
    (2) 200 feet of an unsurveyed abandoned mine or abandoned workings 
which cannot be inspected.
    (b) Boreholes shall be drilled in such a manner to insure that the 
advancing face will not accidently break into an abandoned mine or 
abandoned working.

                                Equipment



Sec. 57.22301  Atmospheric monitoring systems (I-A, II-A, and V-A mines).

    (a) An atmospheric monitoring system shall be installed to provide 
surface readings of methane concentrations in the mine atmosphere from 
underground locations. Components of the system shall be approved by 
MSHA under the applicable requirements of 30 CFR parts 18, 22, 23, and 
27; or be determined by MSHA under 30 CFR part 18 to be intrinsically 
safe or explosion-proof.
    (b) Atmospheric monitoring systems shall--
    (1) Give warnings on the surface and underground when methane at any 
sensor reaches 0.5 percent or more, and when power to a sensor is 
interrupted. Warning devices shall be located so that they can be seen 
and heard by a person designated by the mine operator; and
    (2) Automatically deenergize power in affected areas, except power 
to monitoring equipment determined by MSHA to be intrinsically safe 
under 30 CFR part 18, when methane at any sensor reaches--
    (i) 1.0 percent in a Subcategory I-A or V-A mine; or
    (ii) 0.5 percent while persons are underground and 1.0 percent 
during blasting in a Subcategory II-A mine. Timing devices are permitted 
to avoid nuisance tripping for periods not to exceed 30 seconds, except 
during blasting or the ventilation time following a blast in a 
Subcategory II-A mine.
    (c) Atmospheric monitoring systems shall be checked with a known 
mixture of methane, and calibrated if necessary at least once every 30 
days. Certification of calibration tests shall be made by signature and 
date. Certifications of tests shall be retained for at least one year 
and made available to authorized representatives of the Secretary.

[[Page 411]]



Sec. 57.22302  Approved equipment (I-A and V-A mines).

    Equipment used in or beyond the last open crosscut shall be approved 
by MSHA under the applicable requirements of 30 CFR parts 18 through 36. 
Equipment shall not be operated in atmospheres containing 1.0 percent or 
more methane.



Sec. 57.22303  Approved equipment (I-C mines).

    Only electrical equipment that is approved by MSHA under the 
applicable requirements of 30 CFR parts 18 through 28 or approved under 
30 CFR part 29 contained in the 30 CFR, parts 1-199, edition, revised as 
of July 1, 1999, shall be used underground, except for submersible sump 
pumps.

[64 FR 43283, Aug. 10, 1999]



Sec. 57.22304  Approved equipment (II-A mines).

    (a) Cutting and drilling equipment used at a face or bench shall be 
approved by MSHA under the applicable requirements of 30 CFR parts 18 
through 36.
    (b) While cutting or drilling is in progress, equipment not approved 
by MSHA under the applicable requirements of 30 CFR parts 18 through 36 
shall remain at least 100 feet from the face or bench being mined.
    (c) Tests for methane shall be conducted immediately before 
nonapproved equipment is taken to a face or bench after blasting.
    (d) Mine power transformers and stationary equipment not approved by 
MSHA under the applicable requirements of 30 CFR parts 18 through 36 
shall be installed in fresh air or downwind from an atmospheric methane 
monitor sensor.



Sec. 57.22305  Approved equipment (III mines).

    Equipment used in or beyond the last open crosscut and equipment 
used in areas where methane may enter the air current, such as pillar 
recovery workings, longwall faces and shortwall faces, shall be approved 
by MSHA under the applicable requirements of 30 CFR parts 18 through 36. 
Equipment shall not be operated in atmospheres containing 1.0 percent or 
more methane.



Sec. 57.22306  Methane monitors (I-A mines).

    (a) Methane monitors shall be installed on continuous mining 
machines, longwall mining systems, and on loading and haulage equipment 
used in or beyond the last open crosscut.
    (b) The monitors shall--
    (1) Give warning at 1.0 percent methane;
    (2) Automatically deenergize electrical equipment, except power to 
monitoring equipment determined by MSHA to be intrinsically safe under 
30 CFR part 18, and prevent starting such equipment when methane levels 
reach 1.5 percent. Diesel equipment shall be shut off or immediately 
removed from the affected area; and
    (3) Automatically deenergize electrical equipment when power to a 
sensor is interrupted. Diesel equipment shall not be operated if the 
monitor is inoperative.
    (c) Sensing units of monitors shall be positioned at a location 
which provides for the most effective measurement of methane.



Sec. 57.22307  Methane monitors (II-A mines).

    (a) Methane monitors shall be installed on continuous mining 
machines, longwall mining systems, bench and face drills, and 
undercutting machines used in or beyond the last open crosscut.
    (b) The monitors shall--
    (1) Give warning at 0.5 percent methane;
    (2) Automatically deenergize electrical equipment, except power to 
monitoring equipment determined by MSHA to be intrinsically safe under 
30 CFR part 18, and prevent starting such equipment when methane levels 
reach 1.0 percent; and
    (3) Automatically deenergize the equipment when power to a sensor is 
interrupted.
    (c) Sensing units of monitors shall be positioned at a location 
which provides for the most effective measurement of methane.

[[Page 412]]



Sec. 57.22308  Methane monitors (III mines).

    (a) Methane monitors shall be installed on continuous mining 
machines and longwall mining systems.
    (b) The monitors shall--
    (1) Give warning at 1.0 percent methane;
    (2) Automatically deenergize electrical equipment, except power to 
monitoring equipment determined by MSHA to be intrinsically safe under 
30 CFR part 18, and prevent starting such equipment when methane levels 
reach 1.5 percent; and
    (3) Automatically deenergize the equipment when power to a sensor is 
interrupted.
    (c) Sensing units of monitors shall be positioned at a location 
which provides for the most effective measurement of methane.



Sec. 57.22309  Methane monitors (V-A mines).

    (a) Methane monitors shall be installed on continuous mining 
machines used in or beyond the last open crosscut.
    (b) The monitors shall--
    (1) Give warning at 1.0 percent methane.
    (2) Automatically deenergize electrical equipment, except power to 
monitoring equipment determined by MSHA to be intrinsically safe under 
30 CFR part 18, and prevent starting of such equipment when methane 
levels reach 1.5 percent; and
    (3) Automatically deenergize the equipment when power to a sensor is 
interrupted.
    (c) Sensing units of monitors shall be positioned at a location 
which provides for the most effective measurement of methane.



Sec. 57.22310  Electrical cables (I-C mines).

    Electrical cables used to power submersible sump pumps shall be 
accepted or approved by MSHA as flame resistant, or be installed in 
continuous metal conduit or metal pipe. The ends of such conduit or pipe 
shall be sealed to prevent entry of explosive gas or dust.

[57 FR 61223, Dec. 23, 1992]



Sec. 57.22311  Electrical cables (II-A mines).

    Only jacketed electrical cables accepted or approved by MSHA as 
flame resistant shall be used to supply power to distribution boxes and 
electrical equipment operating in face and bench areas.

[57 FR 61223, Dec. 23, 1992]



Sec. 57.22312  Distribution boxes (II-A and V-A mines).

    Distribution boxes containing short circuit protection for trailing 
cables of approved equipment shall be approved by MSHA under 30 CFR part 
18.



Sec. 57.22313  Explosion-protection systems (I-C mines).

    Pressure-relief systems including vents, or explosion suppression 
systems, shall be provided on explosive dust handling and processing 
equipment and on facilities housing such equipment. Vents shall be 
installed so that forces are directed away from persons should an 
explosion occur. The ratio of vent size to internal size of the 
equipment or facility shall not be less than one square foot of vent for 
each 80 cubic feet of volume or space.



Sec. 57.22314  Flow-control devices (V-A and V-B mines).

    Oil recovery drill holes that penetrate oil bearing formations shall 
have devices to control the release of liquid hydrocarbons and hazardous 
gases during the drilling process. Such devices may be recovered for 
reuse after the formation has been depressurized or the well or borehole 
has been capped or connected to a collection system.



Sec. 57.22315  Self-contained breathing apparatus (V-A mines).

    Self-contained breathing apparatus of a duration to allow for escape 
from the mine and sufficient in number to equip all persons underground 
shall be strategically located throughout the mine. Such apparatus shall 
be approved by MSHA and NIOSH under 42 CFR part 84 and shall be 
maintained in accordance with manufacturers' specifications. This 
standard does not apply to double entry mining systems where

[[Page 413]]

crosscut intervals do not exceed 250 feet.

[52 FR, 24941, July 1, 1987, as amended at 60 FR 30401, June 8, 1995]

                           Underground Retorts



Sec. 57.22401  Underground retorts (I-A and I-B mines).

    (a) Retorts shall be provided with--
    (1) Two independent power sources for main mine ventilation fans and 
those fans directly ventilating retort bulkheads, and for retort 
blowers, and provisions for switching promptly from one power source to 
the other; and
    (2) An alarm system for blower malfunctions and an evacuation plan 
to assure safety of personnel in the event of a failure.
    (b) Prior to the ignition of underground retorts, a written ignition 
and operation plan shall be submitted to the MSHA District Manager for 
the area in which the mine is located. The mine operator shall comply 
with all provisions of the retort plan. The retort plan shall include--
    (1) Acceptable levels of combustible gases and oxygen in retort off-
gases during start-up and during burning; levels at which corrective 
action will be initiated; levels at which personnel will be removed from 
the retort areas, from the mine, and from endangered surface areas; and 
the conditions for reentering the mine;
    (2) Specification and locations of off-gas monitoring procedures and 
equipment;
    (3) Specifications for construction of retort bulkheads and seals, 
and their locations;
    (4) Procedures for ignition of a retort and for reignition following 
a shutdown; and
    (5) Details of area monitoring and alarm systems for hazardous gases 
and actions to be taken to assure safety of personnel.

[52 FR, 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987; 
60 FR 33723, June 29, 1995]

                              Illumination



Sec. 57.22501  Personal electric lamps (I-A, I-B, I-C, II-A, II-B, III, 
IV, V-A, and V-B mines).

    Electric lamps used for personal illumination shall be approved by 
MSHA under the requirements of 30 CFR parts 19 or 20, as applicable.

                               Explosives



Sec. 57.22601  Blasting from the surface (I-A mines).

    (a) All development, production, and bench rounds shall be initiated 
from the surface after all persons are out of the mine. Persons shall 
not enter the mine until ventilating air has passed over the blast area 
and through at least one atmospheric monitoring sensor.
    (b) After blasting, if the monitoring system indicates that methane 
in the mine is less than 1.0 percent, persons may enter the mine. All 
places blasted shall be tested for methane by a competent person before 
work is started.
    (c) If the monitoring system indicates the presence of 1.0 percent 
or more methane, persons other than examiners shall not enter the mine 
until the mine has been examined by a competent person and the methane 
content has been reduced to less than 1.0 percent.
    (d) Vehicles used for transportation when examining the mine shall 
be approved by MSHA under the applicable requirements of 30 CFR parts 18 
through 36.

[52 FR, 24941, July 1, 1987, as amended at 53 FR 9615, Mar. 24, 1988]

    Effective Date Note: At 53 FR 9615, Mar. 24, 1988, Sec. 57.22601 
was stayed until further notice.



Sec. 57.22602  Blasting from the surface (I-C mines).

    (a) All blasting shall be initiated from the surface after all 
persons are out of the mine and any connecting mines.
    (b) Persons shall not enter the mine until a competent person has 
examined

[[Page 414]]

the blast sites and methane concentrations are less than 0.5 percent.



Sec. 57.22603  Blasting from the surface (II-A mines).

    (a) All development, production, and bench rounds shall be initiated 
from the surface after all persons are out of the mine. Persons shall 
not enter the mine until the mine has been ventilated for at least 15 
minutes and the ventilating air has passed over the blast area and 
through at least one atmospheric monitoring sensor.
    (b) If the monitoring system indicates that methane in the mine is 
less than 0.5 percent, competent persons may enter the mine to test for 
methane in all blast areas.
    (c) If the monitoring system indicates that methane in the mine is 
0.5 percent or more, the mine shall be ventilated and persons shall not 
enter the mine until the monitoring system indicates that methane in the 
mine is less than 0.5 percent.
    (d) If the monitoring system is inoperable or malfunctions, the mine 
shall be ventilated for at least 45 minutes and the mine power shall be 
deenergized before persons enter the mine. Only competent persons 
necessary to test for methane may enter the mine until the methane in 
the mine is less than 0.5 percent.
    (e) Vehicles used for transportation when examining the mine shall 
be approved by MSHA under the applicable requirements of 30 CFR parts 18 
through 36. Vehicles shall not be used to examine the mine if the 
monitoring system is inoperable or has malfunctioned.



Sec. 57.22604  Blasting from the surface (II-B mines).

    All development, production, and bench rounds shall be initiated 
from the surface after all persons are out of the mine. Persons other 
than those designated by the mine operator to make methane tests shall 
not enter the mine until all blast areas have been tested for methane.



Sec. 57.22605  Blasting from the surface (V-A mines).

    (a) All development and production blasting shall be initiated from 
the surface after all persons are out of the mine. Persons shall not 
enter the mine until ventilating air has passed over the blast area and 
through at least one atmospheric monitoring sensor.
    (b) If the monitoring system indicates that methane in the mine is 
less than 1.0 percent, persons may enter the mine, and all places 
blasted shall be tested for methane by a competent person before work is 
started.
    (c) If the monitoring system indicates the presence of 1.0 percent 
or more methane, persons other than examiners shall not enter the mine 
until the mine has been examined by a competent person and the methane 
level is less than 1.0 percent.
    (d) Vehicles used for transportation when examining the mine shall 
be approved by MSHA under the applicable requirements of 30 CFR parts 18 
through 36.
    (e) This standard applies only to mines blasting within an oil 
reservoir.



Sec. 57.22606  Explosive materials and blasting units (III mines).

    (a) Mine operators shall notify the appropriate MSHA District 
Manager of all nonapproved explosive materials and blasting units to be 
used prior to their use. Explosive materials used for blasting shall be 
approved by MSHA under 30 CFR part 15, or nonapproved explosive 
materials shall be evaluated and determined by the District Manager to 
be safe for blasting in a potentially gassy environment. The notice 
shall also include the millisecond-delay interval between successive 
shots and between the first and last shot in a round.
    (b) Faces shall be examined for proper placement of holes, possible 
breakthrough, and water. Ammonium nitrate blasting agents shall not be 
loaded into wet holes.
    (c) Multiple-shot blasts shall be initiated with detonators encased 
in copper-based alloy shells. Aluminum and aluminum alloy-cased 
detonators, nonelectric detonators, detonating cord, and safety fuses 
shall not be used. All detonators in a round shall be made by the same 
manufacturer.
    (d) Nonapproved explosives shall be used only as primers with 
ammonium nitrate-fuel oil blasting agents. Such

[[Page 415]]

primers shall be placed at the back or bottom of the hole.
    (e) Blast holes shall be stemmed with a noncombustible material in 
an amount to confine the explosive charge. Breakthrough holes shall be 
stemmed at both ends.
    (f) Mudcaps or other nonapproved unconfined shots shall not be 
blasted.
    (g)(1) Blasting units shall be approved by MSHA under 30 CFR part 
25; or
    (2) Blasting units used to fire more than 20 detonators shall 
provide at least 2 amperes through each detonator but not more than an 
average of 100 amperes through one ohm for 10 milliseconds, and provide 
the necessary current for at least the first 5 milliseconds with a 
cutoff not to exceed 10 milliseconds.

[52 FR, 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987]



Sec. 57.22607  Blasting on shift (III mines).

    When blasting on shift, tests for methane shall be made in the mine 
atmosphere by a competent person before blasting. Blasting shall not be 
done when 1.0 percent or more methane is present.



Sec. 57.22608  Secondary blasting (I-A, II-A, and V-A mines).

    Prior to secondary blasting, tests for methane shall be made in the 
mine atmosphere at blast sites by a competent person. Secondary blasting 
shall not be done when 0.5 percent or more methane is present.

 Appendix I to Subpart T of Part 57--Standard Applicability by Category 
                             or Subcategory

                             Subcategory I-A

57.22101
57.22103
57.22201
57.22202
57.22204
57.22205
57.22206
57.22207
57.22208
57.22211
57.22214
57.22215
57.22217
57.22220
57.22221
57.22222
57.22224
57.22227
57.22228
57.22229
57.22234
57.22237
57.22301
57.22302
57.22306
57.22401
57.22501
57.22601
57.22608

                             Subcategory I-B

57.22201
57.22202
57.22217
57.22222
57.22227
57.22231
57.22232
57.22234
57.22238
57.22401
57.22501

                             Subcategory I-C

57.22102
57.22104
57.22106
57.22201
57.22202
57.22203
57.22209
57.22210
57.22212
57.22216
57.22217
57.22222
57.22225
57.22227
57.22228
57.22233
57.22235
57.22241
57.22303
57.22310
57.22313
57.22501
57.22602

                            Subcategory II-A

57.22101
57.22103
57.22201
57.22202
57.22204
57.22205
57.22206
57.22207
57.22208
57.22212
57.22214
57.22215
57.22219
57.22220
57.22221
57.22222
57.22227
57.22228
57.22230
57.22232
57.22235
57.22301
57.22304
57.22307
57.22311
57.22312
57.22501
57.22603
57.22608

                            Subcategory II-B

57.22201
57.22227
57.22231
57.22232
57.22235
57.22238
57.22501
57.22604

                              Category III

57.22101
57.22103
57.22201
57.22202
57.22204
57.22205
57.22206
57.22207
57.22208
57.22213
57.22214
57.22215
57.22218
57.22220
57.22221
57.22222
57.22223
57.22224
57.22227
57.22228
57.22229
57.22234
57.22237
57.22305
57.22308
57.22501
57.22606
57.22607

[[Page 416]]



                               Category IV

57.22105
57.22201
57.22226
57.22227
57.22232
57.22235
57.22239
57.22501

                             Subcategory V-A

57.22101
57.22103
57.22201
57.22202
57.22204
57.22205
57.22206
57.22207
57.22208
57.22212
57.22214
57.22215
57.22218
57.22220
57.22221
57.22222
57.22227
57.22228
57.22229
57.22234
57.22240
57.22301
57.22302
57.22309
57.22312
57.22314
57.22315
57.22501
57.22605
57.22608

                             Subcategory V-B

57.22201
57.22202
57.22218
57.22222
57.22227
57.22231
57.22232
57.22234
57.22238
57.22314
57.22501

                               Category VI

57.22231
57.22232
57.22236
57.22238



PART 58_HEALTH STANDARDS FOR METAL AND NONMETAL MINES--Table of Contents




                            Subpart A_General

Sec.
58.1 Scope.

Subparts B-D [Reserved]

                         Subpart E_Miscellaneous

58.610 Abrasive blasting.
58.620 Drill dust control.

    Authority: 30 U.S.C. 811, 957, 961.

    Source: 59 FR 8327, Feb. 18, 1994, unless otherwise noted.



                            Subpart A_General



Sec. 58.1  Scope.

    The health standards in this part apply to all metal and nonmetal 
mines.

Subparts B-D [Reserved]



                         Subpart E_Miscellaneous



Sec. 58.610  Abrasive blasting.

    (a) Surface and underground mines. When an abrasive blasting 
operation is performed, all exposed miners shall use in accordance with 
30 CFR 56.5005 or 57.5005 respirators approved for abrasive blasting by 
NIOSH under 42 CFR part 84, or the operation shall be performed in a 
totally enclosed device with the miner outside the device.
    (b) Underground areas of underground mines. Silica sand or other 
materials containing more than 1 percent free silica shall not be used 
as an abrasive substance in abrasive blasting.

[59 FR 8327, Feb. 18, 1994, as amended at 60 FR 30401, June 8, 1995]



Sec. 58.620  Drill dust control.

    Holes shall be collared and drilled wet, or other effective dust 
control measures shall be used, when drilling non-water-soluble 
material. Effective dust control measures shall be used when drilling 
water-soluble materials.



                         SUBCHAPTER L [RESERVED]



[[Page 417]]



              SUBCHAPTER M_UNIFORM MINE HEALTH REGULATIONS





PART 62_OCCUPATIONAL NOISE EXPOSURE--Table of Contents




Sec.
62.100 Purpose and scope; effective date.
62.101 Definitions.
62.110 Noise exposure assessment.
62.120 Action level.
62.130 Permissible exposure level.
62.140 Dual hearing protection level.
62.150 Hearing conservation program.
62.160 Hearing protectors.
62.170 Audiometric testing.
62.171 Audiometric test procedures.
62.172 Evaluation of audiograms.
62.173 Follow-up evaluation when an audiogram is invalid.
62.174 Follow-up corrective measures when a standard threshold shift is 
          detected.
62.175 Notification of results; reporting requirements.
62.180 Training.
62.190 Records.

Appendix to Part 62

    Authority: 30 U.S.C. 811.

    Source: 64 FR 49630, Sept. 13, 1999, unless otherwise noted.



Sec. 62.100  Purpose and scope; effective date.

    The purpose of these standards is to prevent the occurrence and 
reduce the progression of occupational noise-induced hearing loss among 
miners. This part sets forth mandatory health standards for each surface 
and underground metal, nonmetal, and coal mine subject to the Federal 
Mine Safety and Health Act of 1977. The provisions of this part become 
effective September 13, 2000.



Sec. 62.101  Definitions.

    The following definitions apply in this part:
    Access. The right to examine and copy records.
    Action level. An 8-hour time-weighted average sound level 
(TWA8) of 85 dBA, or equivalently a dose of 50%, integrating 
all sound levels from 80 dBA to at least 130 dBA.
    Audiologist. A professional, specializing in the study and 
rehabilitation of hearing, who is certified by the American Speech-
Language-Hearing Association (ASHA) or licensed by a state board of 
examiners.
    Baseline audiogram. The audiogram recorded in accordance with Sec. 
62.170(a) of this part against which subsequent audiograms are compared 
to determine the extent of hearing loss.
    Criterion level. The sound level which if constantly applied for 8 
hours results in a dose of 100% of that permitted by the standard.
    Decibel (dB). A unit of measure of sound pressure levels, defined in 
one of two ways, depending upon the use:
    (1) For measuring sound pressure levels, the decibel is 20 times the 
common logarithm of the ratio of the measured sound pressure to the 
standard reference sound pressure of 20 micropascals ([mu]Pa), which is 
the threshold of normal hearing sensitivity at 1000 Hertz (Hz).
    (2) For measuring hearing threshold levels, the decibel is the 
difference between audiometric zero (reference pressure equal to 0 
hearing threshold level) and the threshold of hearing of the individual 
being tested at each test frequency.
    Dual Hearing Protection Level. A TWA8 of 105 dBA, or 
equivalently, a dose of 800% of that permitted by the standard, 
integrating all sound levels from 90 dBA to at least 140 dBA.
    Exchange rate. The amount of increase in sound level, in decibels, 
which would require halving of the allowable exposure time to maintain 
the same noise dose. For the purposes of this part, the exchange rate is 
5 decibels (5 dB).
    Hearing protector. Any device or material, capable of being worn on 
the head or in the ear canal, sold wholly or in part on the basis of its 
ability to reduce the level of sound entering the ear, and which has a 
scientifically accepted indicator of noise reduction value.
    Hertz (Hz). Unit of measurement of frequency numerically equal to 
cycles per second.
    Medical pathology. A condition or disease affecting the ear.
    Miner's designee. Any individual or organization to whom a miner 
gives

[[Page 418]]

written authorization to exercise a right of access to records.
    Qualified technician. A technician who has been certified by the 
Council for Accreditation in Occupational Hearing Conservation (CAOHC), 
or by another recognized organization offering equivalent certification.
    Permissible exposure level. A TWA8 of 90 dBA or 
equivalently a dose of 100% of that permitted by the standard, 
integrating all sound levels from 90 dBA to at least 140 dBA.
    Reportable hearing loss. A change in hearing sensitivity for the 
worse, relative to the miner's baseline audiogram, or the miner's 
revised baseline audiogram where one has been established in accordance 
with Sec. 62.170(c)(2), of an average of 25 dB or more at 2000, 3000, 
and 4000 Hz in either ear.
    Revised baseline audiogram. An annual audiogram designated to be 
used in lieu of a miner's original baseline audiogram in measuring 
changes in hearing sensitivity as a result of the circumstances set 
forth in Sec. Sec. 62.170(c)(1) or 62.170(c)(2) of this part.
    Sound level. The sound pressure level in decibels measured using the 
A-weighting network and a slow response, expressed in the unit dBA.
    Standard threshold shift. A change in hearing sensitivity for the 
worse relative to the miner's baseline audiogram, or relative to the 
most recent revised baseline audiogram where one has been established, 
of an average of 10 dB or more at 2000, 3000, and 4000 Hz in either ear.
    Time-weighted average-8 hour (TWA8). The sound level which, if 
constant over 8 hours, would result in the same noise dose as is 
measured.



Sec. 62.110  Noise exposure assessment.

    (a) The mine operator must establish a system of monitoring that 
evaluates each miner's noise exposure sufficiently to determine 
continuing compliance with this part.
    (b) The mine operator must determine a miner's noise dose (D, in 
percent) by using a noise dosimeter or by computing the formula: 
D=100(C1/T1+C2/T2+ . . . . 
+Cn/Tn), where Cn is the total time the miner is 
exposed at a specified sound level, and Tn is the reference 
duration of exposure at that sound level shown in Table 62-1.
    (1) The mine operator must use Table 62-2 when converting from dose 
readings to equivalent TWA8 readings.
    (2) A miner's noise dose determination must:
    (i) Be made without adjustment for the use of any hearing protector;
    (ii) Integrate all sound levels over the appropriate range;
    (iii) Reflect the miner's full work shift;
    (iv) Use a 90-dB criterion level and a 5-dB exchange rate; and
    (v) Use the A-weighting and slow response instrument settings.
    (c) Observation of monitoring. The mine operator must provide 
affected miners and their representatives with an opportunity to observe 
noise exposure monitoring required by this section and must give prior 
notice of the date and time of intended exposure monitoring to affected 
miners and their representatives.
    (d) Miner notification. The mine operator must notify a miner of his 
or her exposure when the miner's exposure is determined to equal or 
exceed the action level, exceed the permissible exposure level, or 
exceed the dual hearing protection level, provided the mine operator has 
not notified the miner of an exposure at such level within the prior 12 
months. The mine operator must base the notification on an exposure 
evaluation conducted either by the mine operator or by an authorized 
representative of the Secretary of Labor. The mine operator must notify 
the miner in writing within 15 calendar days of:
    (1) The exposure determination; and (2) the corrective action being 
taken.
    (e) The mine operator must maintain a copy of any such miner 
notification, or a list on which the relevant information about that 
miner's notice is recorded, for the duration of the affected miner's 
exposure at or above the action level and for at least 6 months 
thereafter.



Sec. 62.120  Action level.

    If during any work shift a miner's noise exposure equals or exceeds 
the action level the mine operator must

[[Page 419]]

enroll the miner in a hearing conservation program that complies with 
Sec. 62.150 of this part.



Sec. 62.130  Permissible exposure level.

    (a) The mine operator must assure that no miner is exposed during 
any work shift to noise that exceeds the permissible exposure level. If 
during any work shift a miner's noise exposure exceeds the permissible 
exposure level, the mine operator must use all feasible engineering and 
administrative controls to reduce the miner's noise exposure to the 
permissible exposure level, and enroll the miner in a hearing 
conservation program that complies with Sec. 62.150 of this part. When 
a mine operator uses administrative controls to reduce a miner's 
exposure, the mine operator must post the procedures for such controls 
on the mine bulletin board and provide a copy to the affected miner.
    (b) If a miner's noise exposure continues to exceed the permissible 
exposure level despite the use of all feasible engineering and 
administrative controls, the mine operator must continue to use the 
engineering and administrative controls to reduce the miner's noise 
exposure to as low a level as is feasible.
    (c) The mine operator must assure that no miner is exposed at any 
time to sound levels exceeding 115 dBA, as determined without adjustment 
for the use of any hearing protector.



Sec. 62.140  Dual hearing protection level.

    If during any work shift a miner's noise exposure exceeds the dual 
hearing protection level, the mine operator must, in addition to the 
actions required for noise exposures that exceed the permissible 
exposure level, provide and ensure the concurrent use of both an ear 
plug and an ear muff type hearing protector. The following table sets 
out mine operator actions under MSHA's noise standard.

----------------------------------------------------------------------------------------------------------------
              Provision                       Condition                Action required by the mine operator
----------------------------------------------------------------------------------------------------------------
Sec. 62.120.......................  Miner's noise exposure is  None.
                                       less than the action
                                       level.
Sec. 62.120.......................  Miner's exposure equals    Operator enrolls the miner in hearing
                                       or exceeds the action      conservation program (HCP) which includes (1)
                                       level, but does not        a system of monitoring, (2) voluntary, with
                                       exceed the permissible     two exceptions, use of operator-provided
                                       exposure level (PEL).      hearing protectors, (3) voluntary audiometric
                                                                  testing, (4) training, and (5) record keeping.
Sec. 62.130.......................  Miner's exposure exceeds   Operator uses/continues to use all feasible
                                       the PEL.                   engineering and administrative controls to
                                                                  reduce exposure to PEL; enrolls the miner in a
                                                                  HCP including ensured use of operator-provided
                                                                  hearing protectors; posts administrative
                                                                  controls and provides copy to affected miner;
                                                                  must never permit a miner to be exposed to
                                                                  sound levels exceeding 115 dBA.
Sec. 62.140.......................  Miner's exposure exceeds   Operator enrolls the miner in a HCP, continues
                                       the dual hearing           to meet all the requirements of Sec. 62.130,
                                       protection level.          ensures concurrent use of earplug and earmuff.
----------------------------------------------------------------------------------------------------------------



Sec. 62.150  Hearing conservation program.

    A hearing conservation program established under this part must 
include:
    (a) A system of monitoring under Sec. 62.110 of this part;
    (b) The provision and use of hearing protectors under Sec. 62.160 
of this part;
    (c) Audiometric testing under Sec. Sec. 62.170 through 62.175 of 
this part;
    (d) Training under Sec. 62.180 of this part; and
    (e) Recordkeeping under Sec. 62.190 of this part.



Sec. 62.160  Hearing protectors.

    (a) A mine operator must provide a hearing protector to a miner 
whose noise exposure equals or exceeds the action level under Sec. 
62.120 of this part. In addition, the mine operator must:
    (1) Train the miner in accordance with Sec. 62.180 of this part;
    (2) Allow the miner to choose a hearing protector from at least two 
muff types and two plug types, and in the event dual hearing protectors 
are required, to choose one of each type;
    (3) Ensure that the hearing protector is in good condition and is 
fitted and maintained in accordance with the manufacturer's 
instructions;
    (4) Provide the hearing protector and necessary replacements at no 
cost to the miner; and

[[Page 420]]

    (5) Allow the miner to choose a different hearing protector(s), if 
wearing the selected hearing protector(s) is subsequently precluded due 
to medical pathology of the ear.
    (b) The mine operator must ensure, after satisfying the requirements 
of paragraph (a) of this section, that a miner wears a hearing protector 
whenever the miner's noise exposure exceeds the permissible exposure 
level before the implementation of engineering and administrative 
controls, or if the miner's noise exposure continues to exceed the 
permissible exposure level despite the use of all feasible engineering 
and administrative controls.
    (c) The mine operator must ensure, after satisfying the requirements 
of paragraph (a) of this section, that a miner wears a hearing protector 
when the miner's noise exposure is at or above the action level, if:
    (1) The miner has incurred a standard threshold shift; or
    (2) More than 6 months will pass before the miner can take a 
baseline audiogram.



Sec. 62.170  Audiometric testing.

    The mine operator must provide audiometric tests to satisfy the 
requirements of this part at no cost to the miner. A physician or an 
audiologist, or a qualified technician under the direction or 
supervision of a physician or an audiologist must conduct the tests.
    (a) Baseline audiogram. The mine operator must offer miners the 
opportunity for audiometric testing of the miner's hearing sensitivity 
for the purpose of establishing a valid baseline audiogram to compare 
with subsequent annual audiograms. The mine operator may use an existing 
audiogram of the miner's hearing sensitivity as the baseline audiogram 
if it meets the audiometric testing requirements of Sec. 62.171 of this 
part.
    (1) The mine operator must offer and provide within 6 months of 
enrolling the miner in a hearing conservation program, audiometric 
testing which results in a valid baseline audiogram, or offer and 
provide the testing within 12 months where the operator uses mobile test 
vans to do the testing.
    (2) The mine operator must notify the miner to avoid high levels of 
noise for at least 14 hours immediately preceding the baseline 
audiogram. The mine operator must not expose the miner to workplace 
noise for the 14-hour quiet period before conducting the audiometric 
testing to determine a baseline audiogram. The operator may substitute 
the use of hearing protectors for this quiet period.
    (3) The mine operator must not establish a new baseline audiogram or 
a new revised baseline audiogram, where one has been established, due to 
changes in enrollment status in the hearing conservation program. The 
mine operator may establish a new baseline or revised baseline audiogram 
for a miner who is away from the mine for more than 6 consecutive 
months.
    (b) Annual audiogram. After the baseline audiogram is established, 
the mine operator must continue to offer subsequent audiometric tests at 
intervals not exceeding 12 months for as long as the miner remains in 
the hearing conservation program.
    (c) Revised baseline audiogram. An annual audiogram must be deemed 
to be a revised baseline audiogram when, in the judgment of the 
physician or audiologist:
    (1) A standard threshold shift revealed by the audiogram is 
permanent; or (2) The hearing threshold shown in the annual audiogram 
indicates significant improvement over the baseline audiogram.



Sec. 62.171  Audiometric test procedures.

    (a) All audiometric testing under this part must be conducted in 
accordance with scientifically validated procedures. Audiometric tests 
must be pure tone, air conduction, hearing threshold examinations, with 
test frequencies including 500, 1000, 2000, 3000, 4000, and 6000 Hz. 
Each ear must be tested separately.
    (b) The mine operator must compile an audiometric test record for 
each miner tested. The record must include:
    (1) Name and job classification of the miner tested;
    (2) A copy of all of the miner's audiograms conducted under this 
part;

[[Page 421]]

    (3) Evidence that the audiograms were conducted in accordance with 
paragraph (a) of this section;
    (4) Any exposure determination for the miner conducted in accordance 
with Sec. 62.110 of this part; and
    (5) The results of follow-up examination(s), if any.
    (c) The operator must maintain audiometric test records for the 
duration of the affected miner's employment, plus at least 6 months, and 
make the records available for inspection by an authorized 
representative of the Secretary of Labor.



Sec. 62.172  Evaluation of audiograms.

    (a) The mine operator must:
    (1) Inform persons evaluating audiograms of the requirements of this 
part and provide those persons with a copy of the miner's audiometric 
test records;
    (2) Have a physician or an audiologist, or a qualified technician 
who is under the direction or supervision of a physician or audiologist:
    (i) Determine if the audiogram is valid; and
    (ii) Determine if a standard threshold shift or a reportable hearing 
loss, as defined in this part, has occurred.
    (3) Instruct the physician, audiologist, or qualified technician not 
to reveal to the mine operator, without the written consent of the 
miner, any specific findings or diagnoses unrelated to the miner's 
hearing loss due to occupational noise or the wearing of hearing 
protectors; and
    (4) Obtain the results and the interpretation of the results of 
audiograms conducted under this part within 30 calendar days of 
conducting the audiogram.
    (b)(1) The mine operator must provide an audiometric retest within 
30 calendar days of receiving a determination that an audiogram is 
invalid, provided any medical pathology has improved to the point that a 
valid audiogram may be obtained.
    (2) If an annual audiogram demonstrates that the miner has incurred 
a standard threshold shift or reportable hearing loss, the mine operator 
may provide one retest within 30 calendar days of receiving the results 
of the audiogram and may use the results of the retest as the annual 
audiogram.
    (c) In determining whether a standard threshold shift or reportable 
hearing loss has occurred, allowance may be made for the contribution of 
aging (presbycusis) to the change in hearing level. The baseline, or the 
revised baseline as appropriate, and the annual audiograms used in 
making the determination should be adjusted according to the following 
procedure:
    (1) Determine from Tables 62-3 or 62-4 the age correction values for 
the miner by:
    (i) Finding the age at which the baseline audiogram or revised 
baseline audiogram, as appropriate, was taken, and recording the 
corresponding values of age corrections at 2000, 3000, and 4000 Hz;
    (ii) Finding the age at which the most recent annual audiogram was 
obtained and recording the corresponding values of age corrections at 
2000, 3000, and 4000 Hz; and
    (iii) Subtracting the values determined in paragraph (c)(1)(i) of 
this section from the values determined in paragraph (c)(1)(ii) of this 
section. The differences calculated represent that portion of the change 
in hearing that may be due to aging.
    (2) Subtract the values determined in paragraph (c)(1)(iii) of this 
section from the hearing threshold levels found in the annual audiogram 
to obtain the adjusted annual audiogram hearing threshold levels.
    (3) Subtract the hearing threshold levels in the baseline audiogram 
or revised baseline audiogram from the adjusted annual audiogram hearing 
threshold levels determined in paragraph (c)(2) of this section to 
obtain the age-corrected threshold shifts.



Sec. 62.173  Follow-up evaluation when an audiogram is invalid.

    (a) If a valid audiogram cannot be obtained due to a suspected 
medical pathology of the ear that the physician or audiologist believes 
was caused or aggravated by the miner's occupational exposure to noise 
or the wearing of hearing protectors, the mine operator must refer the 
miner for a clinical-audiological evaluation or an

[[Page 422]]

otological examination, as appropriate, at no cost to the miner.
    (b) If a valid audiogram cannot be obtained due to a suspected 
medical pathology of the ear that the physician or audiologist concludes 
is unrelated to the miner's occupational exposure to noise or the 
wearing of hearing protectors, the mine operator must instruct the 
physician or audiologist to inform the miner of the need for an 
otological examination.
    (c) The mine operator must instruct the physician, audiologist, or 
qualified technician not to reveal to the mine operator, without the 
written consent of the miner, any specific findings or diagnoses 
unrelated to the miner's occupational exposure to noise or the wearing 
of hearing protectors.



Sec. 62.174  Follow-up corrective measures when a standard threshold 
shift is detected.

    The mine operator must, within 30 calendar days of receiving 
evidence or confirmation of a standard threshold shift, unless a 
physician or audiologist determines the standard threshold shift is 
neither work-related nor aggravated by occupational noise exposure:
    (a) Retrain the miner, including the instruction required by Sec. 
62.180 of this part;
    (b) Provide the miner with the opportunity to select a hearing 
protector, or a different hearing protector if the miner has previously 
selected a hearing protector, from among those offered by the mine 
operator in accordance with Sec. 62.160 of this part; and
    (c) Review the effectiveness of any engineering and administrative 
controls to identify and correct any deficiencies.



Sec. 62.175  Notification of results; reporting requirements.

    (a) The mine operator must, within 10 working days of receiving the 
results of an audiogram, or receiving the results of a follow-up 
evaluation required under Sec. 62.173 of this part, notify the miner in 
writing of:
    (1) The results and interpretation of the audiometric test, 
including any finding of a standard threshold shift or reportable 
hearing loss; and
    (2) The need and reasons for any further testing or evaluation, if 
applicable.
    (b) When evaluation of the audiogram shows that a miner has incurred 
a reportable hearing loss as defined in this part, the mine operator 
must report such loss to MSHA as a noise-induced hearing loss in 
accordance with part 50 of this title, unless a physician or audiologist 
has determined that the loss is neither work-related nor aggravated by 
occupational noise exposure.



Sec. 62.180  Training.

    (a) The mine operator must, within 30 days of a miner's enrollment 
into a hearing conservation program, provide the miner with training. 
The mine operator must give training every 12 months thereafter if the 
miner's noise exposure continues to equal or exceed the action level. 
Training must include:
    (1) The effects of noise on hearing;
    (2) The purpose and value of wearing hearing protectors;
    (3) The advantages and disadvantages of the hearing protectors to be 
offered;
    (4) The various types of hearing protectors offered by the mine 
operator and the care, fitting, and use of each type;
    (5) The general requirements of this part;
    (6) The mine operator's and miner's respective tasks in maintaining 
mine noise controls; and
    (7) The purpose and value of audiometric testing and a summary of 
the procedures.
    (b) The mine operator must certify the date and type of training 
given each miner, and maintain the miner's most recent certification for 
as long as the miner is enrolled in the hearing conservation program and 
for at least 6 months thereafter.



Sec. 62.190  Records.

    (a) The authorized representatives of the Secretaries of Labor and 
Health and Human Services must have access to all records required under 
this part. Upon written request, the mine operator must provide, within 
15 calendar days of the request, access to records to:

[[Page 423]]

    (1) The miner, or with the miner's written consent, the miner's 
designee, for all records that the mine operator must maintain for that 
individual miner under this part;
    (2) Any representative of miners designated under part 40 of this 
title, to training certifications compiled under Sec. 62.180(b) of this 
part and to any notice of exposure determination under Sec. 62.110(d) 
of this part, for the miners whom he or she represents; and
    (3) Any former miner, for records which indicate his or her own 
exposure.
    (b) When a person with access to records under paragraphs (a)(1), 
(a)(2), or (a)(3) of this section requests a copy of a record, the mine 
operator must provide the first copy of such record at no cost to that 
person, and any additional copies requested by that person at reasonable 
cost.
    (c) Transfer of records. (1) The mine operator must transfer all 
records required to be maintained by this part, or a copy thereof, to a 
successor mine operator who must maintain the records for the time 
period required by this part.
    (2) The successor mine operator must use the baseline audiogram, or 
revised baseline audiogram, as appropriate, obtained by the original 
mine operator to determine the existence of a standard threshold shift 
or reportable hearing loss.

                           Appendix to Part 62

                     Table 62-1--Reference Duration
------------------------------------------------------------------------
                            dBA                               T (hours)
------------------------------------------------------------------------
80........................................................         32.0
85........................................................         16.0
86........................................................         13.9
87........................................................         12.1
88........................................................         10.6
89........................................................          9.2
90........................................................          8.0
91........................................................          7.0
92........................................................          6.1
93........................................................          5.3
94........................................................          4.6
95........................................................          4.0
96........................................................          3.5
97........................................................          3.0
98........................................................          2.6
99........................................................          2.3
100.......................................................          2.0
101.......................................................          1.7
102.......................................................          1.5
103.......................................................          1.3
104.......................................................          1.1
105.......................................................          1.0
106.......................................................          0.87
107.......................................................          0.76
108.......................................................          0.66
109.......................................................          0.57
110.......................................................          0.50
111.......................................................          0.44
112.......................................................          0.38
113.......................................................          0.33
114.......................................................          0.29
115.......................................................          0.25
------------------------------------------------------------------------
At no time shall any excursion exceed 115 dBA. For any value, the
  reference duration (T) in hours is computed by: T = 8/2(L-90)/5 where
  L is the measured A-weighted, slow-response sound pressure level.


                  Table 62-2--``Dose''TWA 8 Equivalent
------------------------------------------------------------------------
                                                                 TWA\8\
                             Dose                              (percent)
------------------------------------------------------------------------
25...........................................................        80
29...........................................................        81
33...........................................................        82
38...........................................................        83
44...........................................................        84
50...........................................................        85
57...........................................................        86
66...........................................................        87
76...........................................................        88
87...........................................................        89
100..........................................................        90
115..........................................................        91
132..........................................................        92
152..........................................................        93
174..........................................................        94
200..........................................................        95
230..........................................................        96
264..........................................................        97
303..........................................................        98
350..........................................................        99
400..........................................................       100
460..........................................................       101
530..........................................................       102
610..........................................................       103
700..........................................................       104
800..........................................................       105
920..........................................................       106
1056.........................................................       107
1213.........................................................       108
1393.........................................................       109
1600.........................................................       110
1838.........................................................       111
2111.........................................................       112
2425.........................................................       113
2786.........................................................       114
3200.........................................................       115
------------------------------------------------------------------------
Interpolate between the values found in this Table, or extend the Table,
  by using the formula: TWA8 = 16.61 log10 (D/100) + 90.


[[Page 424]]


    Table 62-3--Age Correction Value in Decibels for Males (Selected
                              Frequencies)
------------------------------------------------------------------------
                                                            kHz
                   Age (years)                   -----------------------
                                                     2       3       4
------------------------------------------------------------------------
20 or less......................................       3       4       5
21..............................................       3       4       5
22..............................................       3       4       5
23..............................................       3       4       6
24..............................................       3       5       6
25..............................................       3       5       7
26..............................................       4       5       7
27..............................................       4       6       7
28..............................................       4       6       8
29..............................................       4       6       8
30..............................................       4       6       9
31..............................................       4       7       9
32..............................................       5       7      10
33..............................................       5       7      10
34..............................................       5       8      11
35..............................................       5       8      11
36..............................................       5       9      12
37..............................................       6       9      12
38..............................................       6       9      13
39..............................................       6      10      14
40..............................................       6      10      14
41..............................................       6      10      14
42..............................................       7      11      16
43..............................................       7      12      16
44..............................................       7      12      17
45..............................................       7      13      18
46..............................................       8      13      19
47..............................................       8      14      19
48..............................................       8      14      20
49..............................................       9      15      21
50..............................................       9      16      22
51..............................................       9      16      23
52..............................................      10      17      24
53..............................................      10      18      25
54..............................................      10      18      26
55..............................................      11      19      27
56..............................................      11      20      28
57..............................................      11      21      29
58..............................................      12      22      31
59..............................................      12      22      32
60 or more......................................      13      23      33
------------------------------------------------------------------------


   Table 62-4--Age Correction Value in Decibels for Females (Selected
                              Frequencies)
------------------------------------------------------------------------
                                                            kHz
                   Age (years)                   -----------------------
                                                     2       3       4
------------------------------------------------------------------------
20 or less......................................       4       3       3
21..............................................       4       4       3
22..............................................       4       4       4
23..............................................       5       4       4
24..............................................       5       4       4
25..............................................       5       4       4
26..............................................       5       5       4
27..............................................       5       5       5
28..............................................       5       5       5
29..............................................       5       5       5
30..............................................       6       5       5
31..............................................       6       6       5
32..............................................       6       6       6
33..............................................       6       6       6
34..............................................       6       6       6
35..............................................       6       7       7
36..............................................       7       7       7
37..............................................       7       7       7
38..............................................       7       7       7
39..............................................       7       8       8
40..............................................       7       8       8
41..............................................       8       8       8
42..............................................       8       9       9
43..............................................       8       9       9
44..............................................       8       9       9
45..............................................       8      10      10
46..............................................       9      10      10
47..............................................       9      10      11
48..............................................       9      11      11
49..............................................       9      11      11
50..............................................      10      11      12
51..............................................      10      11      12
52..............................................      10      12      13
53..............................................      10      13      13
54..............................................      11      13      14
55..............................................      11      14      14
56..............................................      11      14      15
57..............................................      11      15      15
58..............................................      12      15      16
59..............................................      12      16      16
60 or more......................................      12      16      17
------------------------------------------------------------------------


[64 FR 49630, Sept. 13, 1999, as amended at 65 FR 66929, Nov. 8, 2000]



                         SUBCHAPTER N [RESERVED]



[[Page 425]]



                SUBCHAPTER O_COAL MINE SAFETY AND HEALTH





PART 70_MANDATORY HEALTH STANDARDS_UNDERGROUND COAL MINES--Table of Contents




                            Subpart A_General

Sec.
70.1 Scope.
70.2 Definitions.

                        Subpart B_Dust Standards

70.100 Respirable dust standards.
70.101 Respirable dust standard when quartz is present.

                      Subpart C_Sampling Procedures

70.201 Sampling; general requirements.
70.202 Certified person; sampling.
70.203 Certified person; maintenance and calibration.
70.204 Approved sampling devices; maintenance and calibration.
70.205 Approved sampling devices; operation; air flowrate.
70.206 Approved sampling devices; equivalent concentrations.
70.207 Bimonthly sampling; mechanized mining units.
70.208 Bimonthly sampling; designated areas.
70.209 Respirable dust samples; transmission by operator.
70.210 Respirable dust samples; report to operator; posting.
70.220 Status change reports.

                     Subpart D_Respiratory Equipment

70.300 Respiratory equipment; respirable dust.
70.305 Respiratory equipment; gas, dusts, fumes, or mists.

Subpart E--Dust From Drilling Rock [Reserved]

Subparts F-S [Reserved]

                 Subpart T_Diesel Exhaust Gas Monitoring

70.1900 Exhaust Gas Monitoring

    Authority: 30 U.S.C. 811, 813(h), 957.

    Source: 59 FR 8327, Feb 18, 1994, unless otherwise noted.



                            Subpart A_General

    Authority: 30 U.S.C. 811 and 813(h).

    Source: 45 FR 24000, Apr. 8, 1980, unless otherwise noted.



Sec. 70.1  Scope.

    This part 70 sets forth mandatory health standards for each 
underground coal mine subject to the Federal Mine Safety and Health Act 
of 1977.



Sec. 70.2  Definitions.

    For the purpose of this part 70, the term:
    (a) Act means the Federal Mine Safety and Health Act of 1977, Pub. 
L. 91-173, as amended by Pub. L. 95-164.
    (b) Active workings means any place in a coal mine where miners are 
normally required to work or travel.
    (c) Certified person means an individual certified by the Secretary 
in accordance with Sec. 70.202 (Certified person; sampling) to take 
respirable dust samples required by this part or certified in accordance 
with Sec. 70.203 (Certified person; maintenance and calibration) to 
perform the maintenance and calibration of respirable dust sampling 
equipment as required by this part.
    (d) Concentration means a measure of the amount of a substance 
contained per unit volume of air.
    (e) Designated area. An area of a mine identified by the operator 
under Sec. 75.371(t) (Mine ventilation plan; contents) of this title 
and approved by the district manager.
    (f) Designated occupation means the occupation on a mechanized 
mining unit that has been determined by results of respirable dust 
samples to have the greatest respirable dust concentration.
    (g) District Manager means the manager of the Coal Mine Safety and 
Health District in which the mine is located.
    (h) Mechanized mining unit means: (1) A unit of mining equipment 
including hand loading equipment used for the production of material; or 
(2) a specialized unit which utilizes mining equipment other than 
specified in Sec. 70.207(e) (Bimonthly sampling; mechanized mining 
units).
    (i) MRE instrument means the gravimetric dust sampler with a four

[[Page 426]]

channel horizontal elutriator developed by the Mining Research 
Establishment of the National Coal Board, London, England.
    (j) MSHA means the Mine Safety and Health Administration of the 
Department of Labor.
    (k) Normal production shift means (1) a production shift during 
which the amount of material produced in a mechanized mining unit is at 
least 50 percent of the average production reported for the last set of 
five valid samples; or (2) a production shift during which any amount of 
material is produced by a new mechanized mining unit, until a set of 
five valid samples is taken.
    (l) Production shift means (1) with regard to a mechanized mining 
unit, a shift during which material is produced, or (2) with regard to a 
designated area of a mine, a shift during which material is produced and 
routine day-to-day activities are occurring in the designated area.
    (m) Quartz means crystalline silicon dioxide (SiO2) not 
chemically combined with other substances and having a distinctive 
physical structure.
    (n) Respirable dust means dust collected with a sampling device 
approved by the Secretary and the Secretary of Health and Human Services 
in accordance with part 74 (Coal Mine Dust Personal Sampler Units) of 
this title. Sampling device approvals issued by the Secretary of the 
Interior and Secretary of Health, Education, and Welfare are continued 
in effect.
    (o) Secretary means the Secretary of Labor or his delegate.
    (p) Valid respirable dust sample means a respirable dust sample 
collected and submitted as required by this part, and not voided by 
MSHA.

[45 FR 24000, Apr. 8, 1980, as amended at 47 FR 28095, June 29, 1982; 57 
FR 20913, May 15, 1992]



                        Subpart B_Dust Standards

    Authority: Secs. 101 and 103(h), Federal Mine Safety and Health Act 
of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 and 
1299 (30 U.S.C. 811 and 813(h)).

    Source: 45 FR 24001, Apr. 8, 1980, unless otherwise noted.



Sec. 70.100  Respirable dust standards.

    (a) Each operator shall continuously maintain the average 
concentration of respirable dust in the mine atmosphere during each 
shift to which each miner in the active workings of each mine is exposed 
at or below 2.0 milligrams of respirable dust per cubic meter of air as 
measured with an approved sampling device and in terms of an equivalent 
concentration determined in accordance with Sec. 70.206 (Approved 
sampling devices; equivalent concentrations).
    (b) Each operator shall continuously maintain the average 
concentration of respirable dust within 200 feet outby the working faces 
of each section in the intake airways at or below 1.0 milligrams of 
respirable dust per cubic meter of air as measured with an approved 
sampling device and in terms of an equivalent concentration determined 
in accordance with Sec. 70.206 (Approved sampling devices; equivalent 
concentrations).



Sec. 70.101  Respirable dust standard when quartz is present.

    When the respirable dust in the mine atmosphere of the active 
workings contains more than 5 percent quartz, the operator shall 
continuously maintain the average concentration of respirable dust in 
the mine atmosphere during each shift to which each miner in the active 
workings is exposed at or below a concentration of respirable dust, 
expressed in milligrams per cubic meter of air as measured with an 
approved sampling device and in terms of an equivalent concentration 
determined in accordance with Sec. 70.206 (Approved sampling devices; 
equivalent concentrations), computed by dividing the percent of quartz 
into the number 10.

    Example: The respirable dust associated with a mechanized mining 
unit or a designated area in a mine contains quartz in the amount of 
20%. Therefore, the average concentration of respirable dust in the mine 
atmosphere associated with that mechanized mining unit or designated 
area shall be continuously maintained at or below 0.5 milligrams of 
respirable dust per cubic meter of air (10/20=0.5 mg/m\3\ ).

[[Page 427]]



                      Subpart C_Sampling Procedures

    Authority: 30 U.S.C. 811, 813(h), and 957.

    Source: 58 FR 63528, Dec. 2, 1993, unless otherwise noted.



Sec. 70.201  Sampling; general requirements.

    (a) Each operator shall take respirable dust samples of the 
concentration of respirable dust in the active workings of the mine as 
required by this part with a sampling device approved by the Secretary 
and the Secretary of Health and Human Services under part 74 (Coal Mine 
Dust Personal Sampler Units) of this title.
    (b) Sampling devices shall be worn or carried directly to and from 
the mechanized mining unit or designated area to be sampled and shall be 
operated portal to portal. Sampling devices shall remain operational 
during the entire shift or for 8 hours, whichever time is less.
    (c) Upon request from the District Manager, the operator shall 
submit the date on which collecting any respirable dust samples required 
by this part will begin.
    (d) During the time for abatement fixed in a citation for violation 
of Sec. 70.100 (Respirable dust standards) or Sec. 70.101 (Respirable 
dust standard when quartz is present), the operator shall take 
corrective action to lower the concentration of respirable dust to 
within the permissible concentration and then sample each production 
shift until five valid respirable dust samples are taken.

[45 FR 24000, Apr. 8, 1980, as amended at 47 FR 28095, June 29, 1982]



Sec. 70.202  Certified person; sampling.

    (a) The respirable dust sampling required by this part shall be done 
by a certified person.
    (b) To be certified, a person shall pass the MSHA examination on 
sampling of respirable coal mine dust.
    (c) A person may be temporarily certified by MSHA to take respirable 
dust samples if the person receives instruction from an authorized 
representative of the Secretary in the methods of collecting and 
submitting samples under this rule. The temporary certification shall be 
withdrawn if the person does not successfully complete the examination 
conducted by MSHA on sampling of respirable coal mine dust within six 
months from the issue date of the temporary certification.



Sec. 70.203  Certified person; maintenance and calibration.

    (a) Approved sampling devices shall be maintained and calibrated by 
a certified person.
    (b) To be certified, a person shall pass the MSHA examination on 
maintenance and calibration procedures for respirable dust sampling 
equipment.
    (c) A person may be temporarily certified by MSHA to maintain and 
calibrate approved sampling devices if the person receives instruction 
from an authorized representative of the Secretary in the maintenance 
and calibration procedures for respirable dust sampling equipment under 
this rule. The temporary certification shall be withdrawn if the person 
does not successfully complete the examination conducted by MSHA on 
maintenance and calibration procedures within six months from the issue 
date of the temporary certification.



Sec. 70.204  Approved sampling devices; maintenance and calibration.

    (a) Approved sampling devices shall be maintained as approved under 
part 74 (Coal Mine Dust Personal Sampler Units) of this chapter and 
calibrated in accordance with MSHA Informational Report IR 1240 (1996) 
``Calibration and Maintenance Procedures for Coal Mine Respirable Dust 
Samplers (supersedes IR 1121)'' by a person certified in accordance with 
Sec. 70.203 (Certified person; maintenance and calibration).
    (b) Approved sampling devices shall be calibrated at the flowrate of 
2.0 liters of air per minute, or at a different flowrate as prescribed 
by the Secretary and the Secretary of Health and Human Services for the 
particular device, before they are put into service and at intervals not 
to exceed 200 hours of operating time thereafter.
    (c) A calibration mark shall be placed on the flowmeter of each 
approved sampling device to indicate the proper position of the float 
when the sampler is operating at a flowrate of 2.0

[[Page 428]]

liters of air per minute or other flowrate prescribed by the Secretary 
and the Secretary of Health and Human Services for the particular 
device. The standard to denote proper flow is when the lowest part of 
the float is tangent to the top of the calibration mark.
    (d) Approved sampling devices shall be tested and examined 
immediately before each sampling shift and necessary external 
maintenance shall be performed to assure that the sampling devices are 
clean and in proper working condition by a person certified in 
accordance with Sec. 70.202 (Certified person; sampling) or Sec. 
70.203 (Certified person; maintenance and calibration). This testing and 
examination shall include the following:
    (1) Testing the voltage of each battery while under actual load to 
assure the battery is fully charged. The voltage for nickel cadmium cell 
batteries shall not be lower than the product of the number of cells in 
the battery pack multiplied by 1.25. The voltage for other than nickel 
cadmium cell batteries shall not be lower than the product of the number 
of cells in the battery pack multiplied by the manufacturer's nominal 
voltage per cell value;
    (2) Examination of all components of the cyclone to assure that they 
are clean and free of dust and dirt;
    (3) Examination of the inner surface of the cyclone on the approved 
sampling device to assure that it is free of scoring;
    (4) Examination of the external tubing on the approved sampling 
device to assure that it is clean and free of leaks, and;
    (5) Examination of the clamping and positioning of the cyclone body, 
vortex finder and cassette to assure that they are rigid, in alignment, 
and firmly in contact.
    (e) MSHA Informational Report IR 1240 (1996) referenced in paragraph 
(a) of this section is incorporated-by-reference. This incorporation-by-
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
inspected or obtained at MSHA, Coal Mine Safety and Health, 1100 Wilson 
Blvd., Room 2424, Arlington, Virginia 22209-3939 and at each MSHA Coal 
Mine Safety and Health district and subdistrict office. Copies may be 
inspected at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.

[45 FR 24000, Apr. 8, 1980, as amended at 47 FR 28095, June 29, 1982; 64 
FR 43285, Aug. 10, 1999; 67 FR 38385, June 4, 2002]



Sec. 70.205  Approved sampling devices; operation; air flowrate.

    (a) Sampling devices approved in accordance with part 74 (Coal Mine 
Dust Personal Sampler Units) of this title shall be operated at the 
flowrate of 2.0 liters of air per minute, or at a different flowrate as 
prescribed by the Secretary and the Secretary of Health and Human 
Services for the particular device.
    (b) Except as provided in paragraph (d) of this section, each 
approved sampling device shall be examined each shift by a person 
certified in accordance with Sec. 70.202 (Certified person; sampling) 
during the second hour after being put into operation to assure that the 
sampling device is operating properly and at the proper flowrate. If the 
proper flowrate is not maintained, necessary adjustments shall be made 
by the certified person.
    (c) Each sampling device shall be examined each shift by a person 
certified in accordance with Sec. 70.202 (Certified person; sampling) 
during the last hour of operation to assure that the sampling device is 
operating properly and at the proper flowrate. If the proper flowrate is 
not maintained, the respirable dust sample shall be transmitted to MSHA 
with a notation by the certified person on the dust data card stating 
that the proper flowrate was not maintained.
    (d) Paragraph (b) of this section shall not apply if the approved 
sampling device is being operated in a breast or chamber of an 
anthracite coal mine where the full box mining method is used.

[45 FR 24000, Apr. 8, 1980, as amended at 47 FR 28095, June 29, 1982]

[[Page 429]]



Sec. 70.206  Approved sampling devices; equivalent concentrations.

    The concentration of respirable dust shall be determined by dividing 
the weight of dust in milligrams collected on the filter of an approved 
sampling device by the volume of air in cubic meters passing through the 
filter and then converting that concentration to an equivalent 
concentration as measured with an MRE instrument. To convert a 
concentration of respirable dust as measured with an approved sampling 
device to an equivalent concentration of respirable dust as measured 
with an MRE instrument, the concentration of respirable dust measured 
with the approved sampling device shall be multiplied by the constant 
factor prescribed by the Secretary for the approved sampling device 
used, and the product shall be the equivalent concentration as measured 
with an MRE instrument.



Sec. 70.207  Bimonthly sampling; mechanized mining units.

    (a) Each operator shall take five valid respirable dust samples from 
the designated occupation in each mechanized mining unit during each 
bimonthly period beginning with the bimonthly period of November 1, 
1980. Designated occupation samples shall be collected on consecutive 
normal production shifts or normal production shifts each of which is 
worked on consecutive days. The bimonthly periods are:

January 1-February 28 (29)
March 1-April 30
May 1-June 30
July 1-August 31
September 1-October 31
November 1-December 31.

    (b) When the respirable dust standard is changed in accordance with 
Sec. 70.101 (Respirable dust standard when quartz is present), 
respirable dust sampling of mechanized mining units shall begin on the 
first production shift during the next bimonthly period following 
notification of such change from MSHA.
    (c) Upon issuance of a citation for a violation of Sec. 70.100(a) 
(Respirable dust standards) or Sec. 70.101 (Respirable dust standard 
when quartz is present) involving a designated occupation in a 
mechanized mining unit, paragraphs (a) and (b) of this section shall not 
apply to that unit until the violation is abated in accordance with 
Sec. 70.201(d) (Sampling; general requirements).
    (d) Each designated occupation sample shall be taken on a normal 
production shift. If a normal production shift is not achieved, the 
sample for that shift may be voided by MSHA. However, any sample, 
regardless of production, with a respirable dust concentration greater 
than 2.5 milligrams per cubic meter of air will be used to determine the 
average concentration for that mechanized mining unit.
    (e) Unless otherwise directed by the District Manager, the 
designated occupation samples shall be taken by placing the sampling 
device as follows:
    (1) Conventional section using cutting machine. On the cutting 
machine operator or on the cutting machine within 36 inches inby the 
normal working position;
    (2) Conventional section shooting off the solid. On the loading 
machine operator or on the loading machine within 36 inches inby the 
normal working position;
    (3) Continuous mining section other than auger-type. On the 
continuous mining machine operator or on the continuous mining machine 
within 36 inches inby the normal working position;
    (4) Continuous mining machine; auger-type. On the jacksetter who 
works nearest the working face on the return air side of the continuous 
mining machine or at a location that represents the maximum 
concentration of dust to which the miner is exposed;
    (5) Scoop section using cutting machine. On the cutting machine 
operator or on the cutting machine within 36 inches inby the normal 
working position;
    (6) Scoop section, shooting off the solid. On the coal drill 
operator or on the coal drill within 36 inches inby the normal working 
position;
    (7) Longwall section. On the miner who works nearest the return air 
side of the longwall working face or along the working face on the 
return side within 48 inches of the corner;
    (8) Hand loading section with a cutting machine. On the cutting 
machine operator or on the cutting machine within

[[Page 430]]

36 inches inby the normal working position;
    (9) Hand loading section shooting off the solid. On the hand loader 
exposed to the greatest dust concentration or at a location that 
represents the maximum concentration of dust to which the miner is 
exposed;
    (10) Anthracite mine sections. On the hand loader exposed to the 
greatest dust concentration or at a location that represents the maximum 
concentration of dust to which the miner is exposed.
    (f)(1) Each mechanized mining unit will be assigned a four digit 
identification number by MSHA. The mechanized mining unit shall retain 
that identification number regardless of where the unit relocates within 
the mine.
    (2) When two sets of mining equipment are provided in a series of 
working places and only one production crew is employed at any given 
time on either set of mining equipment, the two sets of equipment shall 
be identified as a single mechanized mining unit. When two or more 
mechanized mining units are simultaneously engaged in the production of 
material within the same working section, each such mechanized mining 
unit shall be identified separately.



Sec. 70.208  Bimonthly sampling; designated areas.

    (a) Each operator shall take one valid respirable dust sample from 
each designated area on a production shift during each bimonthly period 
beginning with the bimonthly period of December 1, 1980. The bimonthly 
periods are:

February 1-March 31
April 1-May 31
June 1-July 31
August 1-September 30
October 1-November 30
December 1-January 31.

    (b) When the respirable dust standard is changed in accordance with 
Sec. 70.101 (Respirable dust standard when quartz is present), 
respirable dust sampling of designated areas shall begin on the first 
production shift during the next bimonthly period following notification 
of such change from MSHA.
    (c) Upon notification from MSHA that any respirable dust sample 
taken from a designated area to meet the requirements of paragraph (a) 
or (b) of this section exceeds the applicable standard in Sec. 70.100 
(Respirable dust standards) or Sec. 70.101 (Respirable dust standard 
when quartz is present), the operator shall take five valid respirable 
dust samples from that designated area within 15 calendar days. The 
operator shall begin such sampling on the first day on which there is a 
production shift following the day of receipt of notification.
    (d) Upon issuance of a citation for a violation of Sec. 70.100 
(Respirable dust standards) or Sec. 70.101 (Respirable dust standard 
when quartz is present) involving a designated area, paragraphs (a), (b) 
and (c) of this section shall not apply to that designated area until 
the violation is abated in accordance with Sec. 70.201(d) (Sampling; 
general requirements).
    (e) Designated area samples shall be collected at locations to 
measure respirable dust generation sources in the active workings. The 
approved mine ventilation plan contents required by Sec. 75.371(t) of 
this chapter shall show the specific locations where designated area 
samples will be collected. Each designated area will be assigned a four-
digit identification number by MSHA.
    (f) MSHA approval of the operator's ventilation system and methane 
and dust control plan may be revoked based on samples taken by MSHA or 
in accordance with this part 70.

[45 FR 24000, Apr. 8, 1980, as amended at 57 FR 20913, May 15, 1992]



Sec. 70.209  Respirable dust samples; transmission by operator.

    (a) The operator shall transmit within 24 hours after the end of the 
sampling shift all samples collected to fulfill the requirements of this 
part in containers provided by the manufacturer of the filter cassette 
to: Respirable Dust Processing Laboratory, Pittsburgh Safety and Health 
Technology Center, Cochran Mill Road, Building 38, P.O. Box 18179, 
Pittsburgh, Pennsylvania 15236-0179, or to any other address designated 
by the District Manager.
    (b) The operator shall not open or tamper with the seal of any 
filter cassette or alter the weight of any filter

[[Page 431]]

cassette before or after it is used to fulfill the requirements of this 
part.
    (c) A person certified in accordance with Sec. 70.202 (Certified 
person; sampling) shall properly complete the dust data card that is 
provided by the manufacturer for each filter cassette. The card shall 
have an identification number identical to that on the cassette used to 
take the sample and be submitted to MSHA with the sample. Each card 
shall be signed by the certified person and shall include that person's 
certification number. Respirable dust samples with data cards not 
properly completed will be voided by MSHA.
    (d) All respirable dust samples collected by the operator shall be 
considered taken to fulfill the sampling requirements of part 70, 71 or 
90 of this title, unless the sample has been identified in writing by 
the operator to the District Manager, prior to the intended sampling 
shift, as a sample to be used for purposes other than required by part 
70, 71 or 90 of this title.
    (e) Respirable dust samples received by MSHA in excess of those 
required by this part shall be considered invalid samples.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[45 FR 24006, Apr. 8, 1981, as amended at 47 FR 14696, Apr. 6, 1982; 58 
FR 63528, Dec. 2, 1993; 60 FR 33723, June 29, 1995; 60 FR 35695, July 
11, 1995]



Sec. 70.210  Respirable dust samples; report to operator; posting.

    (a) The Secretary shall provide the operator with a report of the 
following data on respirable dust samples as soon as practicable:
    (1) The mine identification number;
    (2) The mechanized mining unit or designated area within the mine 
from which the samples were taken;
    (3) The concentration of respirable dust, expressed in milligrams 
per cubic meter of air, for each valid sample;
    (4) The average concentration of respirable dust, expressed in 
milligrams per cubic meter of air, for all valid samples;
    (5) The occupation code, where applicable, and;
    (6) The reason for voiding any samples.
    (b) Upon receipt, the operator shall post this data for at least 31 
days on the mine bulletin board.



Sec. 70.220  Status change reports.

    (a) If there is a change in operational status that affects the 
respirable dust sampling requirements of this part, the operator shall 
report the change in operational status of the mine, mechanized mining 
unit, or designated area to the MSHA District Office or to any other 
MSHA office designated by the District Manager. Status changes shall be 
reported in writing within 3 working days after the status change has 
occurred.
    (b) Each specific operational status is defined as follows: (1) 
Underground mine: (i) Producing--has at least one mechanized mining unit 
producing material.
    (ii) Nonproducing--no material is being produced.
    (iii) Abandoned--the work of all miners has been terminated and 
production activity has ceased.
    (2) Mechanized mining unit:
    (i) Producing--producing material from a working section.
    (ii) Nonproducing--temporarily ceased production of material.
    (iii) Abandoned--permanently ceased production of material.
    (3) Designated Area:
    (i) Producing--activity is occurring.
    (ii) Nonproducing--activity has ceased.
    (iii) Abandoned--the dust generating source has been withdrawn and 
activity has ceased.



                     Subpart D_Respiratory Equipment

    Authority: Title II, secs. 303(b), and 508, Federal Coal Mine Health 
and Safety Act of 1969 (83 Stat. 742; 30 U.S.C. 801); secs. 301(a) and 
302(a), Federal Mine Safety and Health Amendments Act of 1977, Pub. L. 
95-164, 30 U.S.C. 961 and 951 and 29 U.S.C. 577a, 91 Stat. 1317 and 91 
Stat. 1319; sec. 508, Federal Mine Safety and Health Act of 1977, Pub. 
L. 91-173 as amended by Pub. L. 95-164, 30 U.S.C. 957, 83 Stat. 803.

    Source: 35 FR 5544, Apr. 3, 1970, unless otherwise noted.

[[Page 432]]



Sec. 70.300  Respiratory equipment; respirable dust.

    Respiratory equipment approved by NIOSH under 42 CFR part 84 shall 
be made available to all persons whenever exposed to concentrations of 
respirable dust in excess of the levels required to be maintained under 
this part. Use of respirators shall not be substituted for environmental 
control measures in the active workings. Each operator shall maintain a 
supply of respiratory equipment adequate to deal with occurrences of 
concentrations of respirable dust in the mine atmosphere in excess of 
the levels required to be maintained under this part.

[60 FR 30401, June 8, 1995]



Sec. 70.305  Respiratory equipment; gas, dusts, fumes, or mists.

    Respiratory equipment approved by NIOSH under 42 CFR part 84 shall 
be provided to persons exposed for short periods to inhalation hazards 
from gas, dusts, fumes, or mist. When the exposure is for prolonged 
periods, other measures to protect such persons or to reduce the hazard 
shall be taken.

[60 FR 30401, June 8, 1995]

Subpart E--Dust From Drilling Rock [Reserved]

Subparts F-S [Reserved]



                 SUBPART T_DIESEL EXHAUST GAS MONITORING



Sec. 70.1900  Exhaust Gas Monitoring.

    (a) During on-shift examinations required by Sec. 75.362, a 
certified person as defined by Sec. 75.100 of this chapter and 
designated by the operator as trained or experienced in the appropriate 
sampling procedures, shall determine the concentration of carbon 
monoxide (CO) and nitrogen dioxide (NO2):
    (1) In the return of each working section where diesel equipment is 
used, at a location which represents the contribution of all diesel 
equipment on such section;
    (2) In the area of the section loading point if diesel haulage 
equipment is operated on the working section;
    (3) At a point inby the last piece of diesel equipment on the 
longwall or shortwall face when mining equipment is being installed or 
removed; and
    (4) In any other area designated by the district manager as 
specified in the mine operator's approved ventilation plan where diesel 
equipment is operated in a manner which can result in significant 
concentrations of diesel exhaust.
    (b) Samples of CO and NO2 shall be--
    (1) Collected in a manner that makes the results available 
immediately to the person collecting the samples;
    (2) Collected and analyzed by appropriate instrumentation which has 
been maintained and calibrated in accordance with the manufacturer's 
recommendations; and
    (3) Collected during periods that are representative of conditions 
during normal operations.
    (c) Except as provided in Sec. 75.325(j) of this chapter, when 
sampling results indicate a concentration of CO and/or NO2 
exceeding an action level of 50 percent of the threshold limit values 
(TLV[reg]) adopted by the American Conference of Governmental Industrial 
Hygienists, the mine operator shall immediately take appropriate 
corrective action to reduce the concentrations of CO and/or 
NO2 to below the applicable action level. The publication, 
``Threshold Limit Values for Substance in Workroom Air'' (1972) is 
incorporated by reference and may be inspected at MSHA's Office of 
Standards, Regulations, and Variances, 1100 Wilson Blvd., Room 2352, 
Arlington, Virginia 22209-3939; at any Coal Mine Health and Safety 
District and Subdistrict Office; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--
locations.html.This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. In addition, copies of the document may be purchased from 
the Secretary-Treasurer, American Conference of Governmental Industrial 
Hygienists, Post Office Box 1937, Cincinnati, OH 45202.

[[Page 433]]

    (d) A record shall be made when sampling results exceed the action 
level for the applicable TLV[reg] for CO and/or NO2. The 
record shall be made as part of and in the same manner as the records 
for hazards required by Sec. 75.363 of this chapter and include the 
following:
    (1) Location where each sample was collected;
    (2) Substance sampled and the measured concentration; and
    (3) Corrective action taken to reduce the concentration of CO and/or 
NO2 to or below the applicable action level.
    (e) As of November 25, 1997 exhaust gas monitoring shall be 
conducted in accordance with the requirements of this section.

[61 FR 55526, Oct. 25, 1996, as amended at 67 FR 38385, June 4, 2002]



PART 71_MANDATORY HEALTH STANDARDS_SURFACE COAL MINES AND SURFACE WORK 
AREAS OF UNDERGROUND COAL MINES--Table of Contents




                            Subpart A_General

Sec.
71.1 Scope.
71.2 Definitions.

                        Subpart B_Dust Standards

71.100 Respirable dust standard.
71.101 Respirable dust standard when quartz is present.

                      Subpart C_Sampling Procedures

71.201 Sampling; general requirements.
71.202 Certified person; sampling.
71.203 Certified person; maintenance and calibration.
71.204 Approved sampling devices; maintenance and calibration.
71.205 Approved sampling devices; operation; air flowrate.
71.206 Approved sampling devices; equivalent concentrations.
71.207 [Reserved]
71.208 Bimonthly sampling; designated work positions.
71.209 Respirable dust samples; transmission by operator.
71.210 Respirable dust samples; report to operator; posting.
71.220 Status change reports.

                 Subpart D_Respirable Dust Control Plans

71.300 Respirable dust control plan; filing requirements.
71.301 Respirable dust control plan; approval by District Manager and 
          posting.

 Subpart E_Surface Bathing Facilities, Change Rooms, and Sanitary Flush 
                 Toilet Facilities at Surface Coal Mines

71.400 Bathing facilities; change rooms; sanitary flush toilet 
          facilities.
71.401 Location of facilities.
71.402 Minimum requirements for bathing facilities, change rooms, and 
          sanitary flush toilet facilities.
71.403 Waiver of surface facilities requirements; posting of waiver.
71.404 Application for waiver of surface facilities requirements.

  Subpart F_Sanitary Toilet Facilities at Surface Worksites of Surface 
                               Coal Mines

71.500 Sanitary toilet facilities at surface work sites; installation 
          requirements.
71.501 Sanitary toilet facilities; maintenance.

                        Subpart G_Drinking Water

71.600 Drinking water; general.
71.601 Drinking water; quality.
71.602 Drinking water; distribution.
71.603 Drinking water; dispensing requirements.

                     Subpart H_Airborne Contaminants

71.700 Inhalation hazards; threshold limit values for gases, dust, 
          fumes, mists, and vapors.
71.701 Sampling; general requirements.
71.702 Asbestos dust standard; measurement.

    Authority: 30 U.S.C. 811, 951, and 957.

    Source: 37 FR 6368, Mar. 28, 1972, unless otherwise noted.



                            Subpart A_General

    Authority: Secs. 101 and 103(h), Federal Mine Safety and Health Act 
of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 and 
1299 (30 U.S.C. 811 and 813(h)).

    Source: 45 FR 80756, Dec. 5, 1980, unless otherwise noted.



Sec. 71.1  Scope.

    This part 71 sets forth mandatory health standards for each surface 
coal mine and for the surface work areas of each underground coal mine 
subject to

[[Page 434]]

the Federal Mine Safety and Health Act of 1977.



Sec. 71.2  Definitions.

    For the purpose of this part 71, the term:
    (a) Act means the Federal Mine Safety and Health Act of 1977, Pub. 
L. 91-173, as amended by Pub. L. 95-164.
    (b) Active workings means any place in a surface coal mine or the 
surface work area of an underground coal mine where miners are normally 
required to work or travel.
    (c) Certified person means an individual certified by the Secretary 
in accordance with Sec. 71.202 (Certified person; sampling) to take 
respirable dust samples required by this part or certified in accordance 
with Sec. 71.203 (Certified person; maintenance and calibration) to 
perform the maintenance and calibration of respirable dust sampling 
equipment as required by this part.
    (d) Concentration means a measure of the amount of a substance 
contained per unit volume of air.
    (e) Designated work position means a work position designated under 
Sec. 71.208 (Bimonthly sampling; designated work positions).
    (f) District Manager means the manager of the Coal Mine Safety and 
Health District in which the mine is located.
    (g) MRE instrument means the gravimetric dust sampler with a four 
channel horizontal elutriator developed by the Mining Research 
Establishment of the National Coal Board, London, England.
    (h) MSHA means the Mine Safety and Health Administration of the 
Department of Labor.
    (i) Normal work shift means (1) a shift during which the regular 
duties of the designated work position are performed while routine day-
to-day mining activities are occurring in the rest of the mine and (2) a 
shift during which there is no rain, or, if rain occurs, the rain does 
not suppress the respirable dust to the extent that sampling results 
will be measurably lower, in the judgment of the person certified under 
this part to conduct sampling.
    (j) Quartz means crystalline silicon dioxide (SiO2) not 
chemically combined with other substances and having a distinctive 
physical structure.
    (k) Respirable dust means dust collected with a sampling device 
approved by the Secretary and the Secretary of Health and Human Services 
in accordance with part 74 (Coal Mine Dust Personal Sampler Units) of 
this title. Sampling device approvals issued by the Secretary of the 
Interior and Secretary of Health, Education and Welfare are continued in 
effect.
    (l) Secretary means the Secretary of Labor or a delegate.
    (m) Surface area means a specific physical portion of a surface coal 
mine or surface area of an underground coal mine. These areas are 
assigned a four digit identification number by MSHA.
    (n) Surface coal mine means a surface area of land and all 
structures, facilities, machinery, tools, equipment, excavations, and 
other property, real or personal, placed upon or above the surface of 
such land by any person, used in, or to be used in, or resulting from, 
the work of extracting in such area bituminous coal, lignite, or 
anthracite from its natural deposits in the earth by any means or 
method, and the work of preparing the coal so extracted, including 
custom coal preparation facilities.
    (o) Surface installation means any structure in which miners work at 
a surface coal mine or surface work area of an underground coal mine.
    (p) Surface work area of an underground coal mine means the surface 
areas of land and all structures, facilities, machinery, tools, 
equipment, shafts, slopes, excavations, and other property, real or 
personal, placed in, upon or above the surface of such land by any 
person, used in, or to be used in, or resulting from, the work of 
extracting bituminous coal, lignite, or anthracite from its natural 
deposits underground by any means or method, and the work of preparing 
the coal so extracted, including custom coal preparation facilities.
    (q) Surface worksite means any area in which miners work at a 
surface coal mine or surface work area of an underground coal mine.
    (r) Valid respirable dust sample means a respirable dust sample 
collected and

[[Page 435]]

submitted as required by this part, and not voided by MSHA.
    (s) Work position means an occupation identified by an MSHA code 
number describing a location to which a miner is assigned in the 
performance of his or her normal duties.



                        Subpart B_Dust Standards

    Authority: Secs. 101 and 103(h), Federal Mine Safety and Health Act 
of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 and 
1299 (30 U.S.C. 811 and 813(h)).

    Source: 45 FR 80757, Dec. 5, 1980, unless otherwise noted.



Sec. 71.100  Respirable dust standard.

    Each operator shall continuously maintain the average concentration 
of respirable dust in the mine atmosphere during each shift to which 
each miner in the active workings is exposed at or below 2.0 milligrams 
of respirable dust per cubic meter of air. Concentrations shall be 
measured with an approved sampling device and expressed in terms of an 
equivalent concentration determined in accordance with Sec. 71.206 
(Approved sampling devices; equivalent concentrations).



Sec. 71.101  Respirable dust standard when quartz is present.

    When the respirable dust in the mine atmosphere of the active 
workings contains more than 5 percent quartz, the operator shall 
continuously maintain the average concentration of respirable dust in 
the mine atmosphere during each shift to which each miner is exposed at 
or below a concentration of respirable dust computed by dividing the 
percent of quartz into the number 10. Concentrations shall be expressed 
in milligrams per cubic meter of air as measured with an approved 
sampling device and in terms of an equivalent concentration determined 
in accordance with Sec. 71.206 (Approved sampling devices; equivalent 
concentrations).

    Example: The respirable dust associated with a designated work 
position contains quartz in the amount of 20%, Therefore, the average 
concentration of respirable dust in the mine atmosphere associated with 
that designated work position shall be continuously maintained at or 
below 0.5 milligrams of respirable dust per cubic meter of air (10/
20=0.5 mg/m\3\).



                      Subpart C_Sampling Procedures

    Authority: 30 U.S.C. 811, 813(h), and 957.

    Source: 45 FR 80757, Dec. 5, 1980, unless otherwise noted.



Sec. 71.201  Sampling; general requirements.

    (a) Each operator shall take respirable dust samples of the 
concentration of respirable dust in the active workings of the mine as 
required by this part with a sampling device approved by the Secretary 
and the Secretary of Health and Human Services under part 74 (Coal Mine 
Dust Personal Sampler Units) of this title.
    (b) Sampling devices shall be worn or carried directly to and from 
the designated work position to be sampled and shall remain operational 
during the entire shift or for 8 hours, whichever time is less.
    (c) Upon request from the District Manager, the operator shall 
submit the date on which collecting any respirable dust samples required 
by this part will begin.
    (d) During the time for abatement fixed in a citation for violation 
of Sec. 71.100 (Resipirable dust standard) or Sec. 71.101 (Respirable 
dust standard when quartz is present), the operator shall take 
corrective action to lower the concentration of respirable dust to 
within the permissible concentration and then sample each normal work 
shift until five valid respirable dust samples are taken.
    (e) Upon written request by the operator, the District Manager may 
waive the rain restriction for a normal work shift as defined in Sec. 
71.2 (Definitions) for a period not to exceed two months, if the 
District Manager determines that:
    (1) The operator will not have reasonable opportunity to complete 
the respirable dust sampling required by this part without the waiver 
because of the frequency of rain; and
    (2) The operator did not have reasonable opportunity to complete the 
respirable dust sampling required by this part prior to requesting the 
waiver.

[[Page 436]]



Sec. 71.202  Certified person; sampling.

    (a) The respirable dust sampling required by this part shall be done 
by a certified person.
    (b) To be certified, a person shall pass the MSHA examination on 
sampling of respirable coal mine dust.
    (c) A person may be temporarily certified by MSHA to take respirable 
dust samples if the person receives instruction from an authorized 
representative of the Secretary in the methods of collecting and 
submitting samples under this rule. The temporary certification shall be 
withdrawn if the person does not successfully complete the examination 
conducted by MSHA on sampling of respirable coal mine dust within six 
months from the issue date of the temporary certification.



Sec. 71.203  Certified person; maintenance and calibration.

    (a) Approved sampling devices shall be maintained and calibrated by 
a certified person.
    (b) To be certified, a person shall pass the MSHA examination on 
maintenance and calibration procedures for respirable dust sampling 
equipment.
    (c) A person may be temporarily certified by MSHA to maintain and 
calibrate approved sampling devices if the person receives instruction 
from an authorized representative of the Secretary in the maintenance 
and calibration procedures for respirable dust sampling equipment under 
this rule. The temporary certification shall be withdrawn if the person 
does not successfully complete the exmamination conducted by MSHA on 
maintenance and calibration procedures within six months from the issue 
date of the temporary certification.



Sec. 71.204  Approved sampling devices; maintenance and calibration.

    (a) Approved sampling devices shall be maintained as approved under 
part 74 (Coal Mine Dust Personal Sampler Units) of this chapter and 
calibrated in accordance with MSHA Informational Report IR 1240 (1996) 
``Calibration and Maintenance Procedures for Coal Mine Respirable Dust 
Samplers (supersedes IR 1121)'' by a person certified in accordance with 
Sec. 71.203 (Certified person; maintenance and calibration).
    (b) Approved sampling devices shall be calibrated at the flowrate of 
2.0 liters of air per minute, or at a different flowrate as prescribed 
by the Secretary and the Secretary of Health and Human Services for the 
particular device, before they are put into service and at intervals not 
to exceed 200 hours of operating time thereafter.
    (c) A calibration mark shall be placed on the flowmeter of each 
approved sampling device to indicate the proper position of the float 
when the sampler is operating at a flowrate of 2.0 liters of air per 
minute or other flowrate prescribed by the Secretary and the Secretary 
of Health and Human Services for the particular device. The standard to 
denote proper flow is when the lowest part of the float is tangent to 
the top of the calibration mark.
    (d) Approved sampling devices shall be tested and examined 
immediately before each sampling shift and necessary external 
maintenance shall be performed to assure that the sampling devices are 
clean and in proper working condition by a person certified in 
accordance with Sec. 71.202 (Certified person; sampling) or Sec. 
71.203 (Certified person; maintenance and calibration). This testing and 
examination shall include the following:
    (1) Testing the voltage of each battery while under actual load to 
assure the battery is fully charged. The voltage for nickel cadmium cell 
batteries shall not be lower than the product of the number of cells in 
the battery pack multiplied by 1.25. The voltage for other than nickel 
cadmium cell batteries shall not be lower than the product of the number 
of cells in the battery pack multiplied by the manufacturer's nominal 
voltage per cell value;
    (2) Examination of all components of the cyclone to assure that they 
are clean and free of dust and dirt;
    (3) Examination of the inner surface of the cyclone on the approved 
sampling device to assure that it is free of scoring;
    (4) Examination of the external tubing on the approved sampling 
device to assure that it is clean and free of leaks; and,
    (5) Examination of the clamping and positioning of the cyclone body, 
vortex

[[Page 437]]

finder and cassette to assure that they are rigid, in alignment, and 
firmly in contact.
    (e) MSHA Informational Report IR 1240 (1996) referenced in paragraph 
(a) of this section is incorporated-by-reference. This incorporation-by-
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
inspected or obtained at MSHA, Coal Mine Safety and Health, 1100 Wilson 
Blvd., Room 2424, Arlington, Virginia 22209-3939 and at each MSHA Coal 
Mine Safety and Health district and subdistrict office. Copies may be 
inspected at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.

[45 FR 80757, Dec. 5, 1980, as amended at 64 FR 43286, Aug. 10, 1999; 67 
FR 38385, June 4, 2002]



Sec. 71.205  Approved sampling devices; operation; air flowrate.

    (a) Sampling devices approved in accordance with part 74 (Coal Mine 
Dust Personal Sampler Units) of this title shall be operated at the 
flowrate of 2.0 liters of air per minute, or at a different flowrate as 
prescribed by the Secretary and the Secretary of Health and Human 
Services for the particular device.
    (b) Each approved sampling device shall be examined each shift by a 
person certified in accordance with Sec. 71.202 (Certified person; 
sampling) during the second hour after being put into operation to 
assure that the sampling device is operating properly and at the proper 
flowrate. If the proper flowrate is not maintained, necessary 
adjustments shall be made by the certified person.
    (c) Each sampling device shall be examined each shift by a person 
certified in accordance with Sec. 71.202 (Certified person; sampling) 
during the last hour of operation to assure that the sampling device is 
operating properly and at the proper flowrate. If the proper flowrate is 
not maintained, the respirable dust sample shall be transmitted to MSHA 
with a notation by the certified person on the dust data card stating 
that the proper flowrate was not maintained.



Sec. 71.206  Approved sampling devices; equivalent concentrations.

    The concentration of respirable dust shall be determined by dividing 
the weight of dust in milligrams collected on the filter of an approved 
sampling device by the volume of air in cubic meters passing through the 
filter and then converting that concentration to an equivalent 
concentration as measured with an MRE instrument. To convert a 
concentration of respirable dust as measured with an approved sampling 
device to an equivalent concentration of respirable dust as measured 
with an MRE instrument, the concentration of respirable dust measured 
with the approved sampling device shall be multiplied by the constant 
factor prescribed by the Secretary for the approved sampling device 
used, and the product shall be the equivalent concentration as measured 
with an MRE instrument.



Sec. 71.207  [Reserved]



Sec. 71.208  Bimonthly sampling; designated work positions.

    (a) Each operator shall take one valid respirable dust sample from 
each designated work position during each bimonthly period beginning 
with the bimonthly period of February 1, 1981. The bimonthly periods 
are:

    February 1-March 31
    April 1-May 31
    June 1-July 31
    August 1-September 30
    October 1-November 30
    December 1-January 31

    (b) When the respirable dust standard is changed in accordance with 
Sec. 71.101 (Respirable dust standard when quartz is present), 
respirable dust sampling of designated work positions shall begin on the 
first normal work shift during the next bimonthly period following 
notification of such change from MSHA.
    (c) Upon notification from MSHA that any respirable dust sample 
taken from a designated work position to meet the requirements of 
paragraph (a)

[[Page 438]]

or (b) of this section exceeds the applicable standard in Sec. 71.100 
(Respirable dust standard) or Sec. 71.101 (Respirable dust standard 
when quartz is present), the operator shall take five valid respirable 
dust samples from that designated work position within 15 calendar days. 
The operator shall begin such sampling on the first day on which there 
is a normal work shift following the day of receipt of notification.
    (d) Upon issuance of a citation for a violation of Sec. 71.100 
(Respirable dust standard) or Sec. 71.101 (Respirable dust standard 
when quartz is present) involving a designated work position, paragraphs 
(a), (b), and (c) of this section shall not apply to that designated 
work position until the violation is abated in accordance with Sec. 
71.201(d) (Sampling; general requirements).
    (e) The District Manager shall designate the work positions at each 
surface coal mine and surface work area of an underground coal mine for 
respirable dust sampling under this section. The District Manager shall 
designate for sampling each work position at the mine where an average 
concentration of respirable dust exceeding 1.0 milligram per cubic meter 
of air has been measured by one or more samples. Where the respirable 
dust standard is below 1.0 milligram per cubic meter of air in 
accordance with Sec. 71.101 (Respirable dust standard when quartz is 
present), the District Manager shall designate for sampling each work 
position where an average concentration of respirable dust exceeding the 
applicable standard has been measured by one or more samples.
    (f) The District Manager shall withdraw the designation of a work 
position for sampling upon finding that the operator is able to maintain 
continuing compliance with the applicable respirable dust standard under 
Sec. 71.100 (Respirable dust standard) or Sec. 71.101 (Respirable dust 
standard when quartz is present). This finding shall be based on the 
results of samples taken during at least a one-year period under this 
part and by MSHA.
    (g) Unless otherwise directed by the District Manager, designated 
work position samples shall be taken by placing the sampling device as 
follows:
    (1) Equipment operator. On the equipment operator or on the 
equipment within 36 inches of the operator's normal working position;
    (2) Non-equipment operators. On the miner assigned to the designated 
work position or at a location that represents the maximum concentration 
of dust to which the miner is exposed.
    (h) Each designated work position sample shall be taken on a normal 
work shift. If a normal work shift is not achieved, the respirable dust 
sample shall be transmitted to MSHA with a notation by the person 
certified in accordance with Sec. 71.202 (Certified person; sampling) 
that the sample was not taken on a normal work shift. When a normal work 
shift is not achieved, the sample for that shift may be voided by MSHA. 
However, any sample, regardless of whether a normal work shift was 
achieved, with a respirable dust concentration greater than 2.5 
milligrams per cubic meter of air will be used to determine the average 
concentration for that designated work position.



Sec. 71.209  Respirable dust samples; transmission by operator.

    (a) The operator shall transmit within 24 hours after the end of the 
sampling shift all samples collected to fulfill the requirements of this 
part in containers provided by the manufacturer of the filter cassette 
to: Respirable Dust Processing Laboratory, Pittsburgh Safety and Health 
Technology Center, Cochran Mill Road, Building 38, P.O. Box 18179, 
Pittsburgh, Pennsylvania 15236-0179, or to any other address designated 
by the District Manager.
    (b) The operator shall not open or tamper with the seal of any 
filter cassette or alter the weight of any filter cassette before or 
after it is used to fulfill the requirements of this part.
    (c) A person certified in accordance with Sec. 71.202 (Certified 
person; sampling) shall properly complete the dust data card that is 
provided by the manufacturer for each filter cassette. The card shall 
have an identification number identical to that on the cassette used to 
take the sample and be submitted to MSHA with the sample. Each card 
shall be signed by the certified

[[Page 439]]

person and shall include that person's certification number. Respirable 
dust samples with data cards not properly completed will be voided by 
MSHA.
    (d) All respirable dust samples collected by the operator shall be 
considered taken to fulfill the sampling requirements of part 70, 71 or 
90 of this title, unless the sample has been identified in writing by 
the operator to the District Manager, prior to the intended sampling 
shift, as a sample to be used for purposes other than required by part 
70, 71 or 90 of this title.
    (e) Respirable dust samples received by MSHA in excess of those 
required by this part shall be considered invalid samples.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[45 FR 80756, Dec, 5, 1980, as amended at 47 FR 14696, Apr. 6, 1982; 58 
FR 63529, Dec. 2, 1993; 60 FR 33723, June 29, 1995; 60 FR 35695, July 
11, 1995]



Sec. 71.210  Respirable dust samples; report to operator; posting.

    (a) The Secretary shall provide the operator with a report of the 
following data on respirable dust samples as soon as practicable:
    (1) The mine identification number;
    (2) The designated work position at the mine from which the samples 
were taken;
    (3) The concentration of respirable dust, expressed in milligrams 
per cubic meter of air, for each valid sample;
    (4) The average concentration of respirable dust, expressed in 
milligrams per cubic meter of air, for all valid samples; and
    (5) The reason for voiding any samples.
    (b) Upon receipt, the operator shall post this data for at least 31 
days on the mine bulletin board.



Sec. 71.220  Status change reports.

    (a) If there is a change in operational status that affects the 
respirable dust sampling requirements of this part, the operator shall 
report the change in operational status of the mine or designated work 
position to the MSHA District Office or to any other MSHA office 
designated by the District Manager. Status changes shall be reported in 
writing within 3 working days after the status change has occurred.
    (b) Each specific operational status is defined as follows: (1) 
Underground mine: (i) Producing--has at least one mechanized mining unit 
producing material.
    (ii) Nonproducing--no material is being produced.
    (iii) Abandoned--the work of all miners has been terminated and 
production activity has ceased.
    (2) Surface mine:
    (i) Producing--normal activity is occurring and coal is being 
produced or processed or other material or equipment is being handled or 
moved.
    (ii) Nonproducing--normal activity is not occurring and coal is not 
being produced or processed or other material or equipment is not being 
handled or moved.
    (iii) Abandoned--the work of all miners has been terminated and all 
activity has ceased.
    (3) Designated work position:
    (i) Producing--normal activity is occurring.
    (ii) Nonproducing--normal activity is not occurring.
    (iii) Abandoned--the dust generating source has been withdrawn and 
activity has ceased.



                 Subpart D_Respirable Dust Control Plans

    Authority: Secs. 101 and 103(h), Federal Mine Safety and Health Act 
of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 and 
1299 (30 U.S.C. 811 and 813(h)).

    Source: 45 FR 80759, Dec. 5, 1980, unless otherwise noted.



Sec. 71.300  Respirable dust control plan; filing requirements.

    (a) Within 15 calendar days after the termination date of a citation 
for violation of Sec. 71.100 (Respirable dust standard) or Sec. 71.101 
(Respirable dust standard when quartz is present), the operator shall 
submit to the District Manager for approval a written respirable dust 
control plan applicable to the work position identified in the citation. 
The respirable dust control plan and revisions thereof shall be suitable

[[Page 440]]

to the conditions and the mining system of the coal mine and shall be 
adequate to continuously maintain respirable dust within the permissible 
concentration at the surface work position identified in the citation.
    (b) Each respirable dust control plan shall include at least the 
following:
    (1) The mine identification number and designated work position 
number assigned by MSHA, the operator's name, mine name, mine address, 
and mine telephone number and the name, address, and telephone number of 
the principal officer in charge of health and safety at the mine;
    (2) The specific designated work position at the mine to which the 
plan applies;
    (3) A detailed description of the specific respirable dust control 
measures used to abate the violation of the respirable dust standard; 
and
    (4) A detailed description of how each of the respirable dust 
control measures described in response to paragraph (b)(3) of this 
section will continue to be used by the operator, including at least the 
specific time, place and manner the control measures will be used.



Sec. 71.301  Respirable dust control plan; approval by District Manager 
and posting.

    (a) The District Manager will approve respirable dust control plans 
on a mine-by-mine basis. When approving respirable dust control plans, 
the District Manager shall consider whether:
    (1) The respirable dust control measures would be likely to maintain 
compliance with the respirable dust standard; and
    (2) The operator's compliance with all provisions of the respirable 
dust control plan could be objectively ascertained by MSHA.
    (b) MSHA may take respirable dust samples to determine whether the 
respirable dust control measures in the operator's plan effectively 
maintain compliance with the respirable dust standard.
    (c) The operator shall comply with all provisions of each respirable 
dust control plan upon notice from MSHA that the respirable dust control 
plan is approved.
    (d) The operator shall post on the mine bulletin board a copy of 
each current respirable dust control plan approved by the District 
Manager.
    (e) The operator may review respirable dust control plans and submit 
proposed revisions to such plans to the District Manager for approval.



 Subpart E_Surface Bathing Facilities, Change Rooms, and Sanitary Flush 
                 Toilet Facilities at Surface Coal Mines



Sec. 71.400  Bathing facilities; change rooms; sanitary flush toilet 
facilities.

    Each operator of a surface coal mine shall provide bathing 
facilities, clothing change rooms, and sanitary flush toilet facilities, 
as hereinafter prescribed, for the use of miners employed in the surface 
installations and at the surface worksites of such mine. (Note: Sanitary 
facilities at surface work areas of underground mines are subject to the 
provisions of Sec. 75.1712 of this chapter et seq.)



Sec. 71.401  Location of facilities.

    Bathhouses, change rooms, and sanitary flush toilet facilities shall 
be in a location convenient for the use of the miners. Where these 
facilities are designed to serve more than one mine, they shall be 
centrally located so as to be convenient for the use of all miners 
served by the facilities.



Sec. 71.402  Minimum requirements for bathing facilities, change rooms, 
and sanitary flush toilet facilities.

    (a) All bathing facilities, change rooms, and sanitary flush toilet 
facilities shall be provided with adequate light, heat, and ventilation 
so as to maintain a comfortable air temperature and to minimize the 
accumulation of moisture and odors, and the facilities shall be 
maintained in a clean and sanitary condition.
    (b) Bathing facilities, change rooms, and sanitary flush toilet 
facilities shall be constructed and equipped so as to comply with 
applicable State and local building codes. However, Where no State or 
local building codes apply to these facilities, or where no State or 
local building codes exist, the facilities

[[Page 441]]

shall be constructed and equipped so as to meet the minimum construction 
requirements in the National Building Code (1967 edition) and the 
plumbing requirements in the National Plumbing Code (ASA A40.8--1955) 
which documents are hereby incorporated by reference and made a part 
hereof. These documents are available for examination at the Mine Safety 
and Health Administration, Department of Labor, 1100 Wilson Blvd., Room 
2424, Arlington, Virginia 22209-3939; at every Coal Mine Health and 
Safety District and Subdistrict Office; at the National Institute for 
Occupational Safety and Health, 5600 Fishers Lane, Rockville, Md.; and 
at the Public Health Service Information Centers as listed in 45 CFR 
5.31. Copies of the National Building Code (1967 edition) may be 
purchased from the American Insurance Association, 85 John Street, New 
York, NY 10038, for $2.50 per copy and copies of the National Plumbing 
Code (ASA A40.8--1955) may be purchased from the American National 
Standards Institute, Inc., 1430 Broadway, New York, N.Y. 10018, for $6 
per copy. An official historic file of the National Building Code (1967 
edition) and of the National Plumbing Code (ASA A40.8--1955) will be 
maintained at the National Institute for Occupational Safety and Health, 
5600 Fishers Lane, Rockville, Md.
    (c) In addition to the minimum requirements specified in paragraphs 
(a) and (b) of this Sec. 71.402, facilities maintained in accordance 
with Sec. 71.400 shall include the following:
    (1) Bathing facilities. (i) Showers shall be provided with both hot 
and cold water.
    (ii) At least one shower head shall be provided where five or less 
miners use such showers.
    (iii) Where five or more miners use such showers, sufficient showers 
shall be furnished to provide approximately one shower head for each 
five miners.
    (iv) A suitable nonirritating cleansing agent shall be provided for 
use at each shower.
    (2) Sanitary flush toilet facilities. (i) At least one sanitary 
flush toilet shall be provided where 10 or less miners use such toilet 
facilities.
    (ii) Where 10 or more miners use such toilet facilities, sufficient 
flush toilets shall be furnished to provide approximately one sanitary 
flush toilet for each 10 miners.
    (iii) Where 30 or more miners use toilet facilities, one urinal may 
be substituted for one flush toilet, however, where such substitutions 
are made they shall not reduce the number of toilets below a ratio of 
two flush toilets to one urinal.
    (iv) An adequate supply of toilet paper shall be provided with each 
toilet.
    (v) Adequate handwashing facilities or hand lavatories shall be 
provided in or adjacent to each toilet facility.
    (3) Change rooms. (i) Individual clothes storage containers or 
lockers shall be provided for storage of miners' clothing and other 
incidental personal belongings during and between shifts.
    (ii) Change rooms shall be provided with sample space to permit the 
use of such facilities by all miners changing clothes prior to and after 
each shift.

[37 FR 6368, Mar. 28, 1972, as amended at 43 FR 12319, Mar. 24, 1978; 67 
FR 38385, June 4, 2002]



Sec. 71.403  Waiver of surface facilities requirements; posting of waiver.

    (a) The Coal Mine Health and Safety District Manager for the 
district in which the mine is located, after consultation with the 
appropriate Regional Program Director, National Institute for 
Occupational Safety and Health, may, upon written application by the 
operator, and after consideration of any comments filed within 30 days 
after receipt of the application, waive any or all of the requirements 
for Sec. Sec. 71.400 through 71.402 for a period not to exceed 1 year 
if he determines that--
    (1) The operator is providing or making available, under 
arrangements with one or more third parties, facilities which are at 
least equivalent to those required by the standards, or
    (2) It is impractical for the operator to meet the requirement(s) or 
provide the facility (facilities) for which the waiver is sought.
    (b) The waiver shall be in writing and shall set forth the 
requirement(s) which the operator will not be required

[[Page 442]]

to meet or the facilities which the operator will not be required to 
provide and the specific reason or reasons for such waiver.
    (c) Upon receipt of any waiver, the operator shall post a copy of 
the waiver for at least 30 days on the mine bulletin board required by 
section 107(a) of the Act.
    (d) An extension of the waiver at the end of 1 year may be sought by 
the operator by filing an application pursuant to Sec. 71.404 no later 
than 30 days nor more than 60 days prior to the expiration date of the 
waiver.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[37 FR 6368, Mar. 28, 1972, as amended at 47 FR 14696, Apr. 6, 1982; 60 
FR 33723, June 29, 1995]



Sec. 71.404  Application for waiver of surface facilities requirements.

    (a) Application for waivers of any requirements of Sec. Sec. 71.400 
through 71.402 shall be in writing, filed with the appropriate Coal Mine 
Health and Safety District Manager, and shall contain the following 
information:
    (1) The name and address of the mine operator,
    (2) The name and location of the mine, and
    (3) A detailed statement of the grounds upon which the waiver is 
requested and the period of time for which it is requested.
    (b) At the same time the application is sent to the District 
Manager, a copy of the application shall be forwarded to the appropriate 
Regional Program Director, National Institute for Occupational Safety 
and Health by the operator, and a copy showing the addresses of the 
appropriate District Manager and Regional Program Director shall be 
posted by the operator for at least 30 days on the mine bulletin board 
required by section 107(a) of the Act.



  Subpart F_Sanitary Toilet Facilities at Surface Worksites of Surface 
                               Coal Mines



Sec. 71.500  Sanitary toilet facilities at surface work sites; installation 
requirements.

    (a) Each operator of a surface coal mine shall provide and install 
at least one sanitary toilet in a location convenient to each surface 
work site. A single sanitary toilet may serve two or more surface work 
sites in the same surface mine where the sanitary toilet is convenient 
to each such work site.
    (b) Where 10 or more miners use such toilet facilities, sufficient 
toilets shall be furnished to provide approximately one sanitary toilet 
for each 10 miners.
    (c) Sanitary toilets shall have an attached toilet seat with a 
hinged lid and a toilet paper holder together with an adequate supply of 
toilet tissue.
    (d) Only flush or nonflush chemical or biological toilets, 
combustion or incinerating toilets, sealed bag toilets, and vault 
toilets meet the requirements of this section. Privies are prohibited.

    Note to paragraph (d): Sanitary toilet facilities for surface work 
areas of underground mines are subject to the provisions of Sec. 
75.1712-3 of this chapter.)

[68 FR 37087, June 23, 2003]



Sec. 71.501  Sanitary toilet facilities; maintenance.

    Sanitary toilets provided in accordance with the provisions of Sec. 
71.500 shall be regularly maintained in a clean and sanitary condition. 
Holding tanks shall be serviced and cleaned when full and in no case 
less than once each week when in use by draining or pumping or by 
removing them for cleaning and recharging. Transfer tanks and transfer 
equipment, if used, shall be equipped with suitable fittings to permit 
complete draining without spillage and allow for the sanitary 
transportation of wastes. Waste shall be disposed of in accordance with 
State and local laws and regulations.

[[Page 443]]



                        Subpart G_Drinking Water



Sec. 71.600  Drinking water; general.

    An adequate supply of potable water shall be provided for drinking 
purposes in each surface installation and at each surface worksite of 
the mine.



Sec. 71.601  Drinking water; quality.

    (a) Potable water provided in accordance with the provisions of 
Sec. 71.600 shall meet the applicable minimum health requirements for 
drinking water established by the State or community in which the mine 
is located.
    (b) Where no such requirements are applicable, the drinking water 
provided shall conform to the Public Health Service Drinking Water 
Standards, 42 CFR part 72, subpart J.



Sec. 71.602  Drinking water; distribution.

    (a) Water shall be piped or transported in sanitary containers. 
Water systems and appurtenances thereto shall be constructed and 
maintained in accordance with State and local requirements. Where no 
such requirements are applicable, water systems and appurtenances shall 
be constructed and maintained in accordance with the National Plumbing 
Code (ASA A40.8--1955) which is hereby incorporated by reference and 
made a part hereof. (For information as to the availability of this 
code, see Sec. 71.402(b).)
    (b) Water transported to the site shall be carried, stored and 
otherwise protected in sanitary containers constructed of smooth, 
impervious, heavy gauge, corrosion resistant materials. The containers 
shall be marked with the words ``Drinking Water.''



Sec. 71.603  Drinking water; dispensing requirements.

    (a) Water shall be dispensed through a drinking fountain or from a 
water storage container with an adequate supply of single service cups 
stored in a clean, sanitary manner. Water shall not be dipped from 
inside water storage containers. Use of a common drinking cup is 
prohibited.
    (b) Water containers shall remain sealed at all times during use and 
shall not be refilled with water for reuse without first being cleaned 
and disinfected with the use of heat or sanitizers.
    (c) Drinking fountains from which water is dispensed shall be 
thoroughly cleaned once each week.
    (d) Ice used for cooling drinking water shall not be immersed or in 
direct contact with the water to be cooled, unless it has been handled 
in a sanitary manner and unless the ice is made from the same source as 
the drinking water or from water of a quality equal to the source of the 
drinking water.



                     Subpart H_Airborne Contaminants



Sec. 71.700  Inhalation hazards; threshold limit values for gases, dust, 
fumes, mists, and vapors.

    (a) No operator of an underground coal mine and no operator of a 
surface coal mine may permit any person working at a surface 
installation or surface worksite to be exposed to airborne contaminants 
(other than respirable coal mine dust, respirable dust containing 
quartz, and asbestos dust) in excess of, on the basis of a time-weighted 
average, the threshold limit values adopted by the American Conference 
of Governmental Industrial Hygienists in ``Threshold Limit Values of 
Airborne Contaminants'' (1972) which is hereby incorporated by reference 
and made a part hereof. Excursions above the listed threshold limit 
values shall not be of greater magnitude than is characterized as 
permissible by the conference. This paragraph does not apply to airborne 
contaminants given a ``C'' designation by the conference in the 
document. This document is available for examination at the Mine Safety 
and Health Administration, Department of Labor, 1100 Wilson Blvd., Room 
2424, Arlington, Virginia 22209-3939; at every Coal Mine Health and 
Safety District and Subdistrict Office; at the National Institute for 
Occupational Safety and Health, 5600 Fishers Lane, Rockville, MD; and at 
the Public Health Service Information Centers listed in 45 CFR 5.31. 
Copies of the document may be purchased from the Secretary-Treasurer, 
American Conference of Governmental Industrial Hygienists,

[[Page 444]]

Post Office Box 1937, Cincinnati, OH 45202.
    (b) All persons, including employees, shall be withdrawn from any 
area in which there is a concentration of an airborne contaminant given 
a ``C'' designation by the Conference which exceeds the threshold limit 
value (ceiling ``C'' limit) listed for that contaminant.

[37 FR 6368, Mar. 28, 1972, as amended at 39 FR 17101, May 13, 1974; 43 
FR 12319, Mar. 24, 1978. Redesignated at 45 FR 80756, Dec. 5, 1980, as 
amended at 67 FR 38385, June 4, 2002]



Sec. 71.701  Sampling; general requirements.

    (a) Air samples will be taken by the Secretary and will be analyzed 
to determine the concentrations of noxious or poisonous gases, dusts, 
fumes, mists, and vapors in surface installations and at surface 
worksites.
    (b) Upon written notification by the Secretary to the operator of an 
underground coal mine or of a surface coal mine, the operator shall 
conduct any additional air sampling tests and analyses as the Secretary 
may from time to time require in order to ensure compliance with the 
standards set forth in Sec. 71.700 in each surface installation and at 
each surface worksite.
    (c) Where concentrations of airborne contaminants in excess of the 
applicable threshold limit values and permissible excursions are known 
by the operator to exist in a surface installation or at a surface 
worksite, he shall immediately provide necessary control measures to 
assure compliance with Sec. 71.700.
    (d) Where the operator has reasonable grounds to believe that 
concentrations of airborne contaminants in excess of the applicable 
threshold limit values and permissible excursions exist, or are likely 
to exist, he shall promptly conduct appropriate air sampling tests to 
determine the concentration of any airborne contaminant which may be 
present and immediately provide the necessary control measures to assure 
compliance with Sec. 71.700.

[37 FR 6368, Mar. 28, 1972. Redesignated at 45 FR 80756, Dec. 5, 1980]



Sec. 71.702  Asbestos dust standard; measurement.

    (a) The 8-hour average airborne concentration of asbestos dust to 
which miners are exposed shall not exceed two fibers per cubic 
centimeter of air. Exposure to a concentration greater than two fibers 
per cubic centimeter of air, but not to exceed 10 fibers per cubic 
centimeter of air, may be permitted for a total of 1 hour each 8-hour 
day. As used in this subpart, the term asbestos means chrysotile, 
amosite, crocidolite, anthophylite asbestos, tremolite asbestos, and 
actinolite asbestos but does not include nonfibrous or nonasbestiform 
minerals.
    (b) The determination of fiber concentration shall be made by 
counting all fibers longer than 5 micrometers in length and with a 
length-to-width ratio of at least 3 to 1 in at least 20 randomly 
selected fields using phase contrast microscopy at 400-450 
magnification.

[41 FR 10223, Mar. 10, 1976. Redesignated at 45 FR 80756, Dec. 5, 1980]



PART 72_HEALTH STANDARDS FOR COAL MINES--Table of Contents




                            Subpart A_General

Sec.
72.1 Scope.

Subparts B-C [Reserved]

  Subpart D_Diesel Particulate Matter_Underground Areas of Underground 
                               Coal Mines

72.500 Emission limits for permissible diesel-powered equipment.
72.501 Emission limits for nonpermissible heavy-duty diesel-powered 
          equipment, generators and compressors.
72.502 Requirements for nonpermissible light-duty diesel-powered 
          equipment other than generators and compressors.
72.503 Determination of emissions; filter maintenance; definition of 
          ``introduced''.
72.510 Miner health training.
72.520 Diesel equipment inventory.

                         Subpart E_Miscellaneous

72.610 Abrasive blasting.
72.620 Drill dust control at surface mines and surface areas of 
          underground mines.
72.630 Drill dust control at underground areas of underground mines.

[[Page 445]]

72.710 Selection, fit, use, and maintenance of approved respirators.

    Authority: 30 U.S.C. 811, 813(h), 957, 961.

    Source: 59 FR 8327, Feb. 18, 1994, unless otherwise noted.



                            Subpart A_General



Sec. 72.1  Scope.

    The health standards in this part apply to all coal mines.

Subparts B-C [Reserved]



  Subpart D_Diesel Particulate Matter_Underground Areas of Underground 
                               Coal Mines

    Source: 66 FR 5704, Jan. 19, 2001, unless otherwise noted.



Sec. 72.500  Emission limits for permissible diesel-powered equipment.

    (a) Each piece of permissible diesel-powered equipment introduced 
into an underground area of an underground coal mine after May 21, 2001 
must emit no more than 2.5 grams per hour of diesel particulate matter.
    (b) As of July 19, 2002, each piece of permissible diesel-powered 
equipment operated in an underground area of an underground coal mine 
must emit no more than 2.5 grams per hour of diesel particulate matter.

[66 FR 5704, Jan. 19, 2001, as amended at 66 FR 15033, Mar. 15, 2001; 66 
FR 27866, May 21, 2001]



Sec. 72.501  Emission limits for nonpermissible heavy-duty diesel-powered 
equipment, generators and compressors.

    (a) Each piece of nonpermissible heavy-duty diesel-powered equipment 
(as defined by Sec. 75.1908(a) of this part), generator or compressor 
introduced into an underground area of an underground coal mine after 
May 21, 2001 must emit no more than 5.0 grams per hour of diesel 
particulate matter.
    (b) As of July 21, 2003, each piece of nonpermissible heavy-duty 
diesel-powered equipment (as defined by Sec. 75.1908(a) of this part), 
generator or compressor operated in an underground area of an 
underground coal mine must emit no more than 5.0 grams per hour of 
diesel particulate matter.
    (c) As of January 19, 2005, each piece of nonpermissible heavy-duty 
diesel-powered equipment (as defined by Sec. 75.1908(a) of this part), 
generator or compressor operated in an underground area of an 
underground coal mine must emit no more than 2.5 grams per hour of 
diesel particulate matter.
    (d) Notwithstanding the other provisions of this section, a 
generator or compressor that discharges its exhaust directly into intake 
air that is coursed directly to a return air course, or discharges its 
exhaust directly into a return air course, is not subject to the 
applicable requirements of this section.

[66 FR 5704, Jan. 19, 2001, as amended at 66 FR 15033, Mar. 15, 2001; 66 
FR 27866, May 21, 2001]



Sec. 72.502  Requirements for nonpermissible light-duty diesel-powered 
equipment other than generators and compressors.

    (a) Each piece of nonpermissible light-duty diesel-powered equipment 
(as defined by Sec. 75.1908(b) of this part), other than generators and 
compressors, introduced into an underground area of an underground coal 
mine after May 21, 2001 must emit no more than 5.0 grams per hour of 
diesel particulate matter.
    (b) A piece of nonpermissible light-duty diesel-powered equipment 
must be deemed to be in compliance with the requirements of paragraph 
(a) of this section if it utilizes an engine which meets or exceeds the 
applicable particulate matter emission requirements of the Environmental 
Protection Administration listed in Table 72.502-1, as follows:

                             Table 72.502-1
------------------------------------------------------------------------
       EPA requirement            EPA category            PM limit
------------------------------------------------------------------------
40 CFR 86.094-                light duty vehicle..  0.1 g/mile.
 8(a)(1)(I)(A)(2).
40 CFR 86.094-                light duty truck....  0.1 g/mile.
 9(a)(1)(I)(A)(2).
40 CFR 86.094-                heavy duty highway    0.1 g/bhp-hr.
 11(a)(1)(iv)(B).              engine.
40 CFR 89.112(a)............  Tier 2 nonroad......  Varies by power:

[[Page 446]]

 
                              kW< (hp<11).........  0.80 g/kW-hr (0.60 g/
                                                     bhp-hr).
                              8<=kW<19 (11<=hp<25)  0.80 g/kW-hr (0.60 g/
                                                     bhp-hr).
                              19<=kW<37             0.60 g/kW-hr (0.45 g/
                               (25<=hp<50).          bhp-hr).
                              37<=kW<75             0.40 g/kW-hr (0.30 g/
                               (50<=hp<100).         bhp-hr).
                              75<=kW<130            0.30 g/kW-hr (0.22 g/
                               (100<=hp<175).        bhp-hr).
                              130<=kW<225           0.20 g/kW-hr (0.15 g/
                               (175<=hp<300).        bhp-hr).
                              225<=kW<450           0.20 g/kW-hr (0.15 g/
                               (300<=hp<600).        bhp-hr).
                              450<=kW<560           0.20 g/kW-hr (0.15 g/
                               (600<=hp<750)''.      bhp-hr)
                              kW=560     0.20 g/kW-hr (0.15 g/
                               (hp=750).  bhp-hr)
------------------------------------------------------------------------
 Notes: ``g'' means grams; ``kW'' means kilowatt; ``hp'' means
  horsepower; ``g/kW-hr'' means grams/kilowatt-hour; ``g/bhp-hr'' means
  grams/brake horsepower-hour.

    (c) The requirements of this section do not apply to any diesel-
powered ambulance or fire fighting equipment that is being used in 
accordance with the mine fire fighting and evacuation plan under Sec. 
75.1101-23.

[66 FR 5704, Jan. 19, 2001, as amended at 66 FR 15033, Mar. 15, 2001; 66 
FR 27866, May 21, 2001]



Sec. 72.503  Determination of emissions; filter maintenance; definition 
of ``introduced''.

    (a) MSHA will determine compliance with the emission requirements 
established by this part by using the amount of diesel particulate 
matter emitted by a particular engine determined from the engine 
approval pursuant to Sec. 7.89(a)(9)(iii)(B) or Sec. 7.89(a)(9)(iv)(A) 
of this title, with the exception of engines deemed to be in compliance 
by meeting the EPA requirements specified in Table 72.502-1 (Sec. 
72.502(b)).
    (b) Except as provided in paragraph (c) of this section, the amount 
by which an aftertreatment device can reduce engine emissions of diesel 
particulate matter as determined pursuant to paragraph (a) must be 
established by a laboratory test:
    (1) on an approved engine which MSHA has determined, pursuant to 
paragraph (a) of this section, to emit no more diesel particulate matter 
than the engine being used in the piece of diesel-powered equipment in 
question;
    (2) using the test cycle specified in Table E-3 of Sec. 7.89 of 
this title, and following a test procedure appropriate for the 
filtration system, by a laboratory capable of testing engines in 
accordance with the requirements of Subpart E of part 7 of this title; 
and
    (3) with an aftertreatment device representative of that being used 
on the piece of diesel-powered equipment in question.
    (c) In lieu of the laboratory tests required by paragraph (b), the 
Secretary may accept the results of tests conducted or certified by an 
organization whose testing standards are deemed by the Secretary to be 
as rigorous as those set forth by paragraph (b) of this section; and 
further, the Secretary may accept the results of tests for one 
aftertreatment device as evidencing the efficiency of another 
aftertreatment device which the Secretary determines to be essentially 
identical to the one tested.
    (d) Operators must maintain in accordance with manufacturer 
specifications and free of observable defects, any aftertreatment device 
installed on a piece of diesel equipment upon which the operator relies 
to remove diesel particulate matter from diesel emissions.
    (e) For purposes of Sec. Sec. 72.500(a), 72.501(a) and 72.502(a), 
the term ``introduced'' means any piece of equipment whose engine is a 
new addition to the underground inventory of engines of the mine in 
question, including newly purchased equipment, used equipment, and 
equipment receiving a replacement engine that has a different serial 
number than the engine it is replacing. ``Introduced'' does not include 
a piece of equipment whose engine was previously part of the mine 
inventory and rebuilt.



Sec. 72.510  Miner health training.

    (a) Operators must provide annual training to all miners at a mine 
who

[[Page 447]]

can reasonably be expected to be exposed to diesel emissions on that 
property. The training must include--
    (1) The health risks associated with exposure to diesel particulate 
matter;
    (2) The methods used in the mine to control diesel particulate 
matter concentrations;
    (3) Identification of the personnel responsible for maintaining 
those controls; and
    (4) Actions miners must take to ensure the controls operate as 
intended.
    (b)(1) An operator must keep a record of the training at the mine 
site for one year after completion of the training. An operator may keep 
the record elsewhere if the record is immediately accessible from the 
mine site by electronic transmission.
    (2) Upon request from an authorized representative of the Secretary 
of Labor, the Secretary of Health and Human Services, or from the 
authorized representative of miners, mine operators must promptly 
provide access to any such training record. Whenever an operator ceases 
to do business, that operator must transfer the training records, or a 
copy, to any successor operator who must maintain them for the required 
period.



Sec. 72.520  Diesel equipment inventory.

    (a) The operator of each mine that utilizes diesel equipment 
underground, shall prepare and submit in writing to the District 
Manager, an inventory of diesel equipment used in the mine. The 
inventory shall include the number and type of diesel-powered units used 
underground, including make and model of unit, type of equipment, make 
and model of engine, serial number of engine, brake horsepower rating of 
engine, emissions of engine in grams per hour or grams per brake 
horsepower-hour, approval number of engine, make and model of 
aftertreatment device, serial number of aftertreatment device if 
available, and efficiency of aftertreatment device.
    (b) The mine operator shall make changes to the diesel equipment 
inventory as equipment or emission control systems are added, deleted or 
modified and submit revisions, to the District Manager, within 7 
calendar days.
    (c) If requested, the mine operator shall provide a copy of the 
diesel equipment inventory to the representative of the miners within 3 
days of the request.



                         Subpart E_Miscellaneous



Sec. 72.610  Abrasive blasting.

    (a) Surface and underground mines. When an abrasive blasting 
operation is performed, all exposed miners shall properly use 
respirators approved for abrasive blasting by NIOSH under 42 CFR part 
84, or the operation shall be performed in a totally enclosed device 
with the miner outside the device.
    (b) Underground areas of underground mines. Silica sand or other 
materials containing more than 1 percent free silica shall not be used 
as an abrasive substance in abrasive blasting.

[59 FR 8327, Feb. 18, 1994, as amended at 60 FR 30401, June 8, 1995]



Sec. 72.620  Drill dust control at surface mines and surface areas of 
underground mines.

    Holes shall be collared and drilled wet, or other effective dust 
control measures shall be used, when drilling non-water-soluble 
material. Effective dust control measures shall be used when drilling 
water-soluble material.



Sec. 72.630  Drill dust control at underground areas of underground mines.

    (a) Dust resulting from drilling in rock shall be controlled by use 
of permissible dust collectors, or by water, or water with a wetting 
agent, or by ventilation, or by any other method or device approved by 
the Secretary that is as effective in controlling the dust.
    (b) Dust collectors. Dust collectors shall be maintained in 
permissible and operating condition. Dust collectors approved under Part 
33--Dust Collectors for Use in Connection with Rock Drilling in Coal 
Mines of this title or under Bureau of Mines Schedule 25B are 
permissible dust collectors for the purpose of this section.
    (c) Water control. Water used to control dust from drilling rock 
shall be applied through a hollow drill steel or stem or by the flooding 
of vertical drill holes in the floor.

[[Page 448]]

    (d) Ventilation control. To adequately control dust from drilling 
rock, the air current shall be so directed that the dust is readily 
dispersed and carried away from the drill operator or any other miners 
in the area.



Sec. 72.710  Selection, fit, use, and maintenance of approved respirators.

    In order to ensure the maximum amount of respiratory protection, 
approved respirators shall be selected, fitted, used, and maintained in 
accordance with the provisions of the American National Standards 
Institute's ``Practices for Respiratory Protection ANSI Z88.2-1969,'' 
which is hereby incorporated by reference. This publication may be 
obtained from the American National Standards Institute, Inc., 1430 
Broadway, New York, NY 10018, and may be inspected at any Coal Mine 
Health and Safety district and subdistrict office, or at MSHA's Office 
of Standards, 1100 Wilson Blvd., Room 2352, Arlington, Virginia 22209-
3939, or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.This incorporation by reference 
was approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51.

[60 FR 30401, June 8, 1995, as amended at 67 FR 38386, June 4, 2002]



PART 74_COAL MINE DUST PERSONAL SAMPLER UNITS--Table of Contents




Sec.
74.1 Purpose.
74.2 Sampler unit.
74.3 Specifications of sampler unit.
74.4 Tests of coal mine dust personal sampler units.
74.5 Conduct of tests; demonstrations.
74.6 Applications.
74.7 Certificate of approval.
74.8 Approval labels.
74.9 Material required for record.
74.10 Changes after certification.
74.11 Withdrawal of certification.

    Authority: 30 U.S.C. 957, 961.

    Source: 35 FR 4326, Mar. 11, 1970, unless otherwise noted.



Sec. 74.1  Purpose.

    The regulations in this part set forth the requirements for approval 
of coal mine dust personal sampler units designed to determine the 
concentrations of respirable dust in coal mine atmospheres; procedures 
for applying for such approval; test procedures; and labeling.



Sec. 74.2  Sampler unit.

    A coal mine dust personal sampler unit shall consist of (a) a pump 
unit, (b) a sampling head assembly, and (c) if rechargeable batteries 
are used in the pump unit, a battery charger.



Sec. 74.3  Specifications of sampler unit.

    (a) Pump unit--(1) Dimensions. The overall dimensions of the pump 
unit, hose connections and valve or switch covers shall not exceed 8 
inches in height, 6 inches in width and 4 inches in thickness.
    (2) Weight. The pump unit shall not weigh more than 4 pounds.
    (3) Construction. The case and all components of the pump unit shall 
be of sufficiently durable construction to endure the wear of use in a 
coal mine and shall be tight fitting, so as to minimize the amount of 
dust entering the pump case.
    (4) Exhaust. The pump shall exhaust into the pump case, maintaining 
a slight positive pressure which will reduce the entry of dust into the 
pump case.
    (5) Switch. The pump unit shall be equipped with an on-off switch or 
equivalent device on the outside of the pump case. This switch shall be 
protected against accidental operation during use and protected to keep 
dust from entering the mechanisms.
    (6) Flow rate adjustment. Except as provided in the last sentence of 
this paragraph (a) (6), the pump unit shall be equipped with a suitable 
means of flow rate adjustment accessible from outside the case. To 
prevent accidental adjustment, the flow rate adjuster shall be recessed 
in the pump case and shall require the use of an adjusting

[[Page 449]]

tool. If the pump is capable of maintaining the flow rate consistency 
required in this part without adjustment, an external flow rate adjuster 
is not required.
    (7) Battery. The power supply for the pump shall be a suitable 
battery located in the pump case or in a separate case which attaches to 
the pump case by a permissible electrical connection.
    (8) Pulsation. (i) The irregularity in flow rate due to pulsation 
shall have a fundamental frequency of not less than 20 Hz.
    (ii) On and after July 1, 1974 the quantity of respirable dust 
collected with a sampler unit shall be within 5 
percent of that collected with a sampling head assembly operated with 
nonpulsating flow.
    Note: The test procedures for evaluating sampler units with respect 
to this specification will be provided on request by the National 
Institute for Occupational Safety and Health, 1014 Broadway, Cincinnati, 
Ohio 45202.
    (iii) Certificates of approval issued for sampler units which fail 
to comply with the specification set forth in paragraph (a) (8) (ii) of 
this section when such specification becomes effective, shall be 
revoked.
    (9) Belt clips. The pump unit shall be provided with a belt clip 
which will hold the pump securely on a coal miner's belt.
    (10) Recharging connection. A suitable connection shall be provided 
so that the battery may be recharged without removing the battery from 
the pump case or from the battery case if a separate battery case is 
used.
    (11) Flow rate indicator. A visual indicator of flow rate (e.g., a 
flowmeter) shall be provided either as an integral part of the pump unit 
or of the sampling head assembly. The flowrate indicator shall be 
calibrated within 5 percent at 2, 1.8, and 1.6 
liters per minute to indicate the rate of air passing through the 
accompanying sampling head assembly.
    (12) Flow rate range. The pump shall be capable of operating in or 
over a range of from 1.5 to 2.5 liters per minute and shall be 
adjustable over this range.
    (13) Flow rate consistency. The flow shall remain within 0.1 liters per minute over an 8-hour period when the 
pump is operated at 2 liters per minute with a standard sampling head 
assembly. Not more than two readjustments of the flow rate to 2 liters 
per minute shall be required to maintain this accuracy.
    (14) Duration of operation. The pump shall be capable of operating 
for not less than 8 hours at a flow rate of 2 liters per minute against 
a resistance of 4 inches of water measured at the inlet of the pump.
    (b) Sampling head assembly. The sampling head assembly shall consist 
of a cyclone and a filter assembly as follows:
    (1) Cyclone. The cyclone shall consist of a cyclone body with 
removable grit cap and a vortex finder and shall be constructed of nylon 
or a material equivalent in performance. The dimensions of the 
components, with the exception of the grit cap, shall be identical to 
those of a Door-Oliver 10 mm. cyclone body, part No. 28541/4A or 
01B11476-01 and vortex finder, part No. 28541/4B.
    (2) Filter assembly. The filter assembly shall meet the following 
requirements:
    (i) Filter. The filter shall be a membrane filter type with a 
nominal pore size not over 5 microns. It shall be nonhydroscopic and 
shall not dissolve or decompose when emersed in ethyl or isopropyl 
alcohol. The strength and surface characteristics of the filter shall be 
such that dust deposited on its surface may be removed by ultrasonic 
methods without tearing the filter. The filter resistance shall not be 
more than 2 inches of water at an airflow rate of 2 liters per minute.
    (ii) Capsule. The capsule enclosing the filter shall not permit 
sample air to leak around the filter. The capsule shall be made of 
nonhydroscopic material. Its weight, including the enclosed filter, 
shall not exceed 5 grams and it shall be preweighed by the manufacturer 
with a precision of 0.1 milligrams. Impact to the 
capsule shall not dislodge any dust from the capsule, which might then 
be lost to the weight measurement.
    (iii) Cassette. The cassette shall enclose the capsule so as to 
prevent contamination. The cassette must be easily removable without 
causing a loss or gain of capsule weight. Appropriate

[[Page 450]]

covers shall be provided to prevent contaminants from entering, or dust 
from leaving, the capsule when it is not in use.
    (3) Arrangement of components. The connections between the cyclone 
vortex finder and the capsule and between the capsule and the \1/4\-inch 
(inside diameter) hose mentioned in paragraph (b) (5) of this section 
shall be mechanically firm and shall not leak at a rate of more than 0.1 
liters per hour under a vacuum of 4 inches of water.
    (4) Clamping of components. The clamping and positioning of the 
cyclone body, vortex finder, and cassette shall be rigid, remain in 
alignment, be firmly in contact and airtight. The cyclone-cassette 
assembly shall be attached firmly to a backing plate or other means of 
holding the sampling head in position. The cyclone shall be held in 
position so that the inlet opening of the cyclone is pointing 
perpendicular to, and away from, the backing plate.
    (5) Hose. A 3-foot long, \1/4\-inch (inside diameter) hose shall be 
provided to form an airtight connection between the inlet of the sampler 
pump and the outlet of the filter assembly. A device, capable of sliding 
along the hose and attaching to the miner's outer garment shall be 
provided.
    (c) Battery charger--(1) Power supply. The battery charger shall be 
operated from a 117 volt, 60 Hz power line.
    (2) Connection. The battery charger shall be provided with a cord 
and polarized connector so that it may be connected to the charge socket 
on the pump or battery case.
    (3) Protection. The battery charger shall be fused, shall have a 
grounded power plug, and shall not be susceptible to damage by being 
operated without a battery on charge.
    (4) Charge rates. The battery charger shall be capable of operating 
at either a 16-hour or a 64-hour charge rate. The battery charger shall 
be capable of fully charging the battery in the pump unit in the stated 
times and shall not overcharge a discharged battery in 16 hours when 
operating at the 16-hour charge rate or in 88 hours when operating at 
the 64-hour charge rate.

[35 FR 4326, Mar. 11, 1970, as amended at 37 FR 26712, Dec. 15, 1972; 37 
FR 28294, Dec. 22, 1972; 39 FR 3677, Jan. 29, 1974]



Sec. 74.4  Tests of coal mine dust personal sampler units.

    (a) The National Institute for Occupational Safety and Health, 
Department of Health and Human Services, shall conduct tests to 
determine whether a coal mine dust personal sampler unit which is 
submitted for approval under these regulations meets the requirements 
set forth in Sec. 74.3.
    (b) The Mine Safety and Health Administration, Department of Labor 
(MSHA) will conduct tests, pursuant to Sec. 18.68 of this chapter, to 
determine whether the pump unit of a coal mine dust personal sampler 
unit submitted for approval under these regulations is intrinsically 
safe.

[35 FR 4326, Mar. 11, 1970, as amended at 37 FR 26712, Dec. 15, 1972; 43 
FR 12319, Mar. 24, 1978; 47 FR 28095, June 29, 1982]



Sec. 74.5  Conduct of tests; demonstrations.

    Prior to the issuance of a certificate of approval, only personnel 
of MSHA and National Institute for Occupational Safety and Health, 
representatives of the applicant, and such other persons as may be 
mutually agreed upon may observe the tests conducted. The MSHA and the 
National Institute for Occupational Safety and Health shall hold as 
confidential, and shall not disclose, principles of patentable features 
prior to certification, nor shall MSHA or Institute disclose any details 
of the applicant's drawings or specifications or other related material. 
After the issuance of a certificate of approval, MSHA or the National 
Institute for Occupational Safety and Health may conduct such public 
demonstrations and tests of the approved coal mine dust personal sampler 
unit as MSHA or Institute deems appropriate. The conduct of all 
investigations, tests, and demonstrations shall be under the sole 
direction of the National Institute for Occupational Safety and Health 
and MSHA and any other

[[Page 451]]

persons shall be present only as observers.

[35 FR 4326, Mar. 11, 1970, as amended at 37 FR 26712, Dec. 15, 1972]



Sec. 74.6  Applications.

    (a) Testing of a coal mine dust personal sampler unit will be 
undertaken by the National Institute for Occupational Safety and Health, 
and testing of the pump unit of such a sampler unit will be undertaken 
by MSHA, only pursuant to a written application in duplicate, each copy 
accompanied by complete scale drawings, specifications and description 
of materials. The applications, together with the drawings and 
specifications and any other related documents shall be sent to National 
Institute for Occupational Safety and Health, Department of Health and 
Human Services, Box 4256, 944 Chestnut Ridge Road, Morgantown, WV 26505, 
and MSHA Approval and Certification Center, RR 1, Box 251, Industrial 
Park Road, Triadelphia, WV 26059.
    (b) Ten complete coal mine dust personal sampler units must be sent 
to the National Institute for Occupational Safety and Health in 
connection with an application. One pump unit must be sent to MSHA in 
connection with an application.
    (c) Drawings and specifications shall be adequate in number and 
fully detailed to identify the design of the coal mine dust personal 
sampler unit or pump unit thereof and to disclose the dimensions and 
materials of all component parts.
    (d) An application shall describe the way in which each lot of 
components will be sampled and tested to maintain their quality prior to 
assembly of each sampler unit. In order to ensure that the quality of 
the coal dust personal sampler unit will be maintained in production 
through adequate quality control procedures, the National Institute for 
Occupational Safety and Health and MSHA reserve the right to have their 
qualified personnel inspect each applicant's control-test equipment 
procedures, and records and to interview the employees who conduct the 
control tests. Two copies of the results of any tests made by the 
applicant on the coal mine dust personal sampler unit or the pump unit 
thereof shall accompany an application.

[35 FR 4326, Mar. 11, 1970, as amended at 37 FR 26712, Dec. 15, 1972; 43 
FR 12319, Mar. 24, 1978; 47 FR 28095, June 29, 1982; 52 FR 17516, May 8, 
1987; 60 FR 35695, July 11, 1995]



Sec. 74.7  Certificate of approval.

    (a) Upon completion of the testing of a coal mine dust personal 
sampler unit or the pump unit thereof, the National Institute for 
Occupational Safety and Health or MSHA, as appropriate, shall issue to 
the applicant either a certificate of approval or a written notice of 
disapproval, as the case may require. The National Institute for 
Occupational Safety and Health shall not issue a certificate of approval 
for a coal mine dust personal sampler unit unless MSHA has issued a 
certificate of approval for the pump unit thereof. No informal 
notification of approval will be issued. If a certificate of approval is 
issued, no test data or detailed results of tests will accompany such 
approval. If a notice of disapproval is issued, it will be accompanied 
by details of the defects, resulting in disapproval, with a view to 
possible correction.
    (b) A certificate of approval will be accompanied by a list of the 
drawings and specifications, covering the details of design and 
construction of the coal mine dust personal sampler unit or the pump 
unit thereof upon which the certificate of approval is based. The 
applicant shall keep exact duplicates of the drawings and specifications 
submitted to the National Institute for Occupational Safety and Health 
and to MSHA relating to the sampler unit or pump unit thereof which has 
received a certificate of approval. The approved drawings and 
specifications shall be adhered to exactly in the production of the 
certified sampler unit, including the pump unit thereof, for commercial 
purposes. In addition, the applicant shall observe such procedures for, 
and keep such records of, the control of component parts as either MSHA 
or Institute may in writing require as a condition of certification.

[35 FR 4326, Mar. 11, 1970, as amended at 37 FR 26712, Dec. 15, 1972]

[[Page 452]]



Sec. 74.8  Approval labels.

    (a) Certificates of approval will be accompanied by photographs of 
designs for the approval labels to be affixed to each coal mine dust 
personal sampler unit.
    (b) The labels showing approval by the National Institute for 
Occupational Safety and Health and by MSHA shall contain such 
information as MSHA or Institute may require and shall be reproduced 
legibly on the outside of a sampler unit as directed by the appropriate 
bureau.
    (c) The applicant shall submit full-scale designs or reproductions 
of approval labels and a sketch or description of the position of the 
labels on each unit.
    (d) Use of the approval labels obligates the applicant to whom the 
certificates of approval were issued to maintain the quality of the 
complete coal mine dust personal sampler unit and to guarantee that the 
complete sampler unit is manufactured or assembled according to the 
drawings and specifications upon which the certificates of approval were 
based. Use of the approval labels is authorized only on sampler units 
which conform strictly with the drawings and specifications upon which 
the certificates of approval were based.

[35 FR 4326, Mar. 11, 1970, as amended at 37 FR 26712, Dec. 15, 1972]



Sec. 74.9  Material required for record.

    (a) As part of the permanent record of the investigation, the 
National Institute for Occupational Safety and Health will retain a 
complete coal mine dust personal sampler unit, and MSHA will retain a 
pump unit, that has been tested and certified. Material not required for 
record purposes will be returned to the applicant at his request and at 
his expense on written shipping instructions to MSHA or Institute.
    (b) As soon as a coal mine dust personal sampler unit is 
commercially available, the applicant shall deliver a complete unit free 
of charge to the National Institute for Occupational Safety and Health, 
Department of Health and Human Services, Box 4256, 944 Chestnut Ridge 
Road, Morgantown, WV 26505.

[35 FR 4326, Mar. 11, 1970, as amended at 37 FR 26712, Dec. 15, 1972; 47 
FR 28095, June 29, 1982]



Sec. 74.10  Changes after certification.

    (a) If the applicant desires to change any feature of a certified 
coal mine dust personal sampler unit, he shall first obtain the approval 
of the National Institute for Occupational Safety and Health pursuant to 
the following procedures:
    (1) Application shall be made as for an original certificate of 
approval, requesting that the existing certification be extended to 
encompass the proposed change. The application shall be accompanied by 
drawings, specifications and related material, as in the case of an 
original application.
    (2) The application and accompanying material will be examined by 
the National Institute for Occupational Safety and Health to determine 
whether testing of the modified sampler unit or components will be 
required. Testing will be necessary if there is a possibility that the 
modification may affect the performance of the sampler unit adversely. 
The National Institute for Occupational Safety and Health will inform 
the applicant whether such testing is required.
    (3) If the proposed modification meets the pertinent requirements of 
these regulations, a formal extension of certification will be issued, 
accompanied by a list of new and revised drawings and specifications to 
be added to those already on file as the basis for the extension of 
certification.
    (b) If a change is proposed in a pump unit of a certified coal dust 
personal sampler unit, the approval of MSHA with respect to intrinsic 
safety shall be obtained in accordance with the procedures set forth in 
paragraph (a) of this section.

[35 FR 4326, Mar. 11, 1970, as amended at 37 FR 26712, Dec. 15, 1972]



Sec. 74.11  Withdrawal of certification.

    Any certificate of approval issued under the regulations in this 
part may

[[Page 453]]

be revoked for cause by the Institute or MSHA which issued the 
certificate.

[37 FR 26712, Dec. 15, 1972]



PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES--Table of Contents




                            Subpart A_General

Sec.
75.1 Scope.
75.2 Definitions.

                Subpart B_Qualified and Certified Persons

75.100 Certified person.
75.150 Tests for methane and for oxygen deficiency; qualified person.
75.151 Tests for methane; qualified person; additional requirement.
75.152 Tests of air flow; qualified person.
75.153 Electrical work; qualified person.
75.154 Repair of energized surface high voltage lines; qualified person.
75.155 Qualified hoisting engineer; qualifications.
75.159 Records of certified and qualified persons.
75.160 Training programs.
75.161 Plans for training programs.

                         Subpart C_Roof Support

75.200 Scope.
75.201 Definitions.
75.202 Protection from falls of roof, face and ribs.
75.203 Mining methods.
75.204 Roof bolting.
75.205 Installation of roof support using mining machines with integral 
          roof bolters.
75.206 Conventional roof support.
75.207 Pillar recovery.
75.208 Warning devices.
75.209 Automated Temporary Roof Support (ATRS) systems.
75.210 Manual installation of temporary support.
75.211 Roof testing and scaling.
75.212 Rehabilitation of areas with unsupported roof.
75.213 Roof support removal.
75.214 Supplemental support materials, equipment and tools.
75.215 Longwall mining systems.
75.220 Roof control plan.
75.221 Roof control plan information.
75.222 Roof control plan--approval criteria.
75.223 Evaluation and revision of roof control plan.

                          Subpart D_Ventilation

75.300 Scope.
75.301 Definitions.
75.302 Main mine fans.
75.310 Installation of main mine fans.
75.311 Main mine fan operation.
75.312 Main mine fan examinations and records.
75.313 Main mine fan stoppage with persons underground.
75.320 Air quality detectors and measurement devices.
75.321 Air quality.
75.322 Harmful quantities of noxious gases.
75.323 Actions for excessive methane.
75.324 Intentional changes in the ventilation system.
75.325 Air quantity.
75.326 Mean entry air velocity.
75.327 Air courses and trolley haulage systems.
75.330 Face ventilation control devices.
75.331 Auxiliary fans and tubing.
75.332 Working sections and working places.
75.333 Ventilation controls.
75.334 Worked-out areas and areas where pillars are being recovered.
75.335 Construction of seals.
75.340 Underground electrical installations.
75.341 Direct-fired intake air heaters.
75.342 Methane monitors.
75.343 Underground shops.
75.344 Compressors.
75.350 Belt air course ventilation.
75.351 Atmospheric monitoring systems.
75.352 Actions in response to AMS malfunction, alert, or alarm signals.
75.360 Preshift examination at fixed intervals.
75.361 Supplemental examination.
75.362 On-shift examination.
75.363 Hazardous conditions; posting, correcting and recording.
75.364 Weekly examination.
75.370 Mine ventilation plan; submission and approval.
75.371 Mine ventilation plan; contents.
75.372 Mine ventilation map.
75.373 Reopening mines.
75.380 Escapeways; bituminous and lignite mines.
75.381 Escapeways; anthracite mines.
75.382 Mechanical escape facilities.
75.383 Escapeway maps and drills.
75.384 Longwall and shortwall travelways.
75.385 Opening new mines.
75.386 Final mining of pillars.
75.388 Boreholes in advance of mining.
75.389 Mining into inaccessible areas.

            Subpart E_Combustible Materials and Rock Dusting

75.400 Accumulation of combustible materials.
75.400-1 Definitions.
75.400-2 Cleanup program.
75.401 Abatement of dust; water or water with a wetting agent.

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75.401-1 Excessive amounts of dust.
75.402 Rock dusting.
75.402-1 Definition.
75.402-2 Exceptions.
75.403 Maintenance of incombustible content of rock dust.
75.403-1 Incombustible content.
75.404 Exemption of anthracite mines.

                 Subpart F_Electrical Equipment_General

75.500 Permissible electric equipment.
75.500-1 Other low horsepower electric face equipment.
75.501 Permissible electric face equipment; coal seams above water 
          table.
75.501-1 Coal seams above the water table.
75.501-2 Permissible electric face equipment.
75.501-3 New openings; mines above water table and never classed gassy.
75.502 Permits for noncompliance.
75.503 Permissible electric face equipment; maintenance.
75.503-1 Statement listing all electric face equipment.
75.504 Permissibility of new, replacement, used, reconditioned, 
          additional, and rebuilt electric face equipment.
75.505 Mines classed gassy; use and maintenance of permissible electric 
          face equipment.
75.506 Electric face equipment; requirements for permissibility.
75.506-1 Electric face equipment; permissible condition; maintenance 
          requirements.
75.507 Power connection points.
75.507-1 Electric equipment other than power-connection points; outby 
          the last open crosscut; return air; permissibility 
          requirements.
75.508 Map of electrical system.
75.508-1 Mine tracks.
75.508-2 Changes in electric system map; recording.
75.509 Electric power circuit and electric equipment; deenergization.
75.510 Energized trolley wires; repair.
75.510-1 Repair of energized trolley wires; training.
75.511 Low-, medium-, or high-voltage distribution circuits and 
          equipment; repair.
75.511-1 Qualified person.
75.512 Electric equipment; examination, testing and maintenance.
75.512-1 Qualified person.
75.512-2 Frequency of examinations.
75.513 Electric conductor; capacity and insulation.
75.513-1 Electric conductor; size.
75.514 Electrical connections or splices; suitability.
75.515 Cable fittings; suitability.
75.516 Power wires; support.
75.516-1 Installed insulators.
75.516-2 Communication wires and cables; installation; insulation; 
          support.
75.517 Power wires and cables; insulation and protection.
75.517-1 Power wires and cables; insulation and protection.
75.517-2 Plans for insulation of existing bare power wires and cables.
75.518 Electric equipment and circuits; overload and short circuit 
          protection.
75.518-1 Electric equipment and circuits; overload and short circuit 
          protection; minimum requirements.
75.518-2 Incandescent lamps; overload and short circuit protection.
75.519 Main power circuits; disconnecting switches.
75.519-1 Main power circuits; disconnecting switches; locations.
75.520 Electric equipment; switches.
75.521 Lightning arresters; ungrounded and exposed power conductors and 
          telephone wires.
75.522 Lighting devices.
75.522-1 Incandescent and fluorescent lamps.
75.523 Electric face equipment; deenergization.
75.523-1 Deenergization of self-propelled electric face equipment 
          installation requirements.
75.523-2 Deenergization of self-propelled electric face equipment; 
          performance requirements.
75.523-3 Automatic emergency-parking brakes.
75.524 Electric face equipment; electric equipment used in return air 
          outby the last open crosscut; maximum level of alternating or 
          direct electric current between frames of equipment.

Appendix A to Subpart F--List of Permissable Electric Fare Equipment 
          Approved by the Bureau of Mines Prior to May 23, 1936

                        Subpart G_Trailing Cables

75.600 Trailing cables; flame resistance.
75.600-1 Approved cables; flame resistance.
75.601 Short circuit protection of trailing cables.
75.601-1 Short circuit protection; ratings and settings of circuit 
          breakers.
75.601-2 Short circuit protection; use of fuses; approval by the 
          Secretary.
75.601-3 Short circuit protection; dual element fuses; current ratings; 
          maximum values.
75.602 Trailing cable junctions.
75.603 Temporary splice of trailing cable.
75.604 Permanent splicing of trailing cables.
75.605 Clamping of trailing cables to equipment.
75.606 Protection of trailing cables.
75.607 Breaking trailing cable and power cable connections.

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                           Subpart H_Grounding

75.700 Grounding metallic sheaths, armors and conduits enclosing power 
          conductors.
75.700-1 Approved methods of grounding.
75.701 Grounding metallic frames, casings and other enclosures of 
          electric equipment.
75.701-1 Approved methods of grounding of equipment receiving power from 
          ungrounded alternating current power systems.
75.701-2 Approved method of grounding metallic frames, casings and other 
          enclosures receiving power from single-phase 110-220-volt 
          circuit.
75.701-3 Approved methods of grounding metallic frames, casings and 
          other enclosures of electric equipment receiving power from 
          direct current power systems with one polarity grounded.
75.701-4 Grounding wires; capacity of wires.
75.701-5 Use of grounding connectors.
75.702 Protection other than grounding.
75.702-1 Protection other than grounding; approved by an authorized 
          representative of the Secretary.
75.703 Grounding offtrack direct-current machines and enclosures of 
          related detached components.
75.703-1 Approved method of grounding.
75.703-2 Approved grounding mediums.
75.703-3 Approved methods of grounding offtrack mobile, portable and 
          stationary direct-current machines.
75.703-4 Other methods of protecting offtrack direct-current equipment; 
          approved by an authorized representative of the Secretary.
75.704 Grounding frames of stationary high-voltage equipment receiving 
          power from ungrounded delta systems.
75.704-1 Approved methods of grounding.
75.705 Work on high-voltage lines; deenergizing and grounding.
75.705-1 Work on high-voltage lines.
75.705-2 Repairs to energized surface high-voltage lines.
75.705-3 Work on energized high-voltage surface lines; reporting.
75.705-4 Simultaneous repairs.
75.705-5 Installation of protective equipment.
75.705-6 Protective clothing; use and inspection.
75.705-7 Protective equipment; inspection.
75.705-8 Protective equipment; testing and storage.
75.705-9 Operating disconnecting or cutout switches.
75.705-10 Tying into energized high-voltage surface circuits.
75.705-11 Use of grounded messenger wires; ungrounded systems.
75.706 Deenergized underground power circuits; idle days--idle shifts.

             Subpart I_Underground High-Voltage Distribution

75.800 High-voltage circuits; circuit breakers.
75.800-1 Circuit breakers; location.
75.800-2 Approved circuit schemes.
75.800-3 Testing, examination and maintenance of circuit breakers; 
          procedures.
75.800-4 Testing, examination, and maintenance of circuit breakers; 
          record.
75.801 Grounding resistors.
75.802 Protection of high-voltage circuits extending underground.
75.803 Fail safe ground check circuits on high-voltage resistance 
          grounded systems.
75.803-1 Maximum voltage ground check circuits.
75.803-2 Ground check systems not employing pilot check wires; approval 
          by the Secretary.
75.804 Underground high-voltage cables.
75.805 Couplers.
75.806 Connection of single-phase loads.
75.807 Installation of high-voltage transmission cables.
75.808 Disconnecting devices.
75.809 Identification of circuit breakers and disconnecting switches.
75.810 High-voltage trailing cables; splices.
75.811 High-voltage underground equipment; grounding.
75.812 Movement of high-voltage power centers and portable transformers; 
          permit.
75.812-1 Qualified person.
75.812-2 High-voltage power centers and transformers; record of 
          examination.

                         High-Voltage Longwalls

75.813 High-voltage longwalls; scope.
75.814 Electrical protection.
75.815 Disconnect devices.
75.816 Guarding of cables.
75.817 Cable handling and support systems.
75.818 Use of insulated cable handling equipment.
75.819 Motor-starter enclosures; barriers and interlocks.
75.820 Electrical work; troubleshooting and testing.
75.821 Testing, examination and maintenance.
75.822 Underground high-voltage longwall cables.

Appendix A to Subpart I--Diagrams of Inby and Outby Switching

   Subpart J_Underground Low- and Medium-Voltage Alternating Current 
                                Circuits

75.900 Low- and medium-voltage circuits serving three-phase alternating 
          current equipment; circuit breakers.
75.900-1 Circuit breakers; location.

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75.900-2 Approved circuit schemes.
75.900-3 Testing, examination and maintenance of circuit breakers; 
          procedures.
75.900-4 Testing, examination and maintenance of circuit breakers; 
          record.
75.901 Protection of low- and medium-voltage three-phase circuits used 
          underground.
75.902 Low- and medium-voltage ground check monitor circuits.
75.902-1 Maximum voltage ground check circuits.
75.902-2 Approved ground check systems not employing pilot check wires.
75.902-4 Attachment of ground conductors and ground check wires to 
          equipment frames; use of separate connections.
75.903 Disconnecting devices.
75.904 Identification of circuit breakers.
75.905 Connection of single-phase loads.
75.906 Trailing cables for mobile equipment, ground wires and ground 
          check wires.
75.907 Design of trailing cables for medium-voltage circuits.

            Subpart K_Trolley Wires and Trolley Feeder Wires

75.1000 Cutout switches.
75.1001 Overcurrent protection.
75.1001-1 Devices for overcurrent protection; testing and calibration 
          requirements; records.
75.1002 Installation of electric equipment and conductors; 
          permissibility.
75.1003 Insulation of trolley wires, trolley feeder wires and bare 
          signal wires; guarding of trolley wires and trolley feeder 
          wires.
75.1003-1 Other requirements for guarding of trolley wires and trolley 
          feeder wires.
75.1003-2 Requirements for movement of off-track mining equipment in 
          areas of active workings where energized trolley wires or 
          trolley feeder wires are present; pre-movement requirements; 
          certified and qualified persons.

                        Subpart L_Fire Protection

75.1100 Requirements.
75.1100-1 Type and quality of firefighting equipment.
75.1100-2 Quantity and location of firefighting equipment.
75.1100-3 Condition and examination of firefighting equipment.
75.1101 Deluge-type water sprays, foam generators; main and secondary 
          belt-conveyor drives.
75.1101-1 Deluge-type water spray systems.
75.1101-2 Installation of deluge-type sprays.
75.1101-3 Water requirements.
75.1101-4 Branch lines.
75.1101-5 Installation of foam generator systems.
75.1101-6 Water sprinkler systems; general.
75.1101-7 Installation of water sprinkler systems; requirements.
75.1101-8 Water sprinkler systems; arrangement of sprinklers.
75.1101-9 Back-up water system.
75.1101-10 Water sprinkler systems; fire warning devices at belt drives.
75.1101-11 Inspection of water sprinkler systems.
75.1101-12 Equivalent dry-pipe system.
75.1101-13 Dry powder chemical systems; general.
75.1101-14 Installation of dry powder chemical systems.
75.1101-15 Construction of dry powder chemical systems.
75.1101-16 Dry powder chemical systems; sensing and fire suppression 
          devices.
75.1101-17 Sealing of dry powder chemical systems.
75.1101-18 Dry powder requirements.
75.1101-19 Nozzles; flow rate and direction.
75.1101-20 Safeguards for dry powder chemical systems.
75.1101-21 Back-up water system.
75.1101-22 Inspection of dry powder chemical systems.
75.1102 Slippage and sequence switches.
75.1103 Automatic fire warning devices.
75.1103-1 Automatic fire sensors.
75.1103-2 Automatic fire sensors; approved components; installation 
          requirements.
75.1103-3 Automatic fire sensor and warning device systems; minimum 
          requirements; general.
75.1103-4 Automatic fire sensor and warning device systems; 
          installation; minimum requirements.
75.1103-5 Automatic fire warning devices; manual resetting.
75.1103-6 Automatic fire sensors; actuation of fire suppression systems.
75.1103-7 Electrical components; permissibility requirements.
75.1103-8 Automatic fire sensor and warning device systems; inspection 
          and test requirements.
75.1103-9 Minimum requirements; fire suppression materials and location; 
          maintenance of entries and crosscuts; access doors; 
          communications; fire crews: high-expansion foam devices.
75.1103-10 Fire suppression systems; additional requirements.
75.1103-11 Tests of fire hydrants and fire hose; record of tests.
75.1104 Underground storage, lubricating oil and grease.
75.1106 Welding, cutting, or soldering with arc or flame underground.
75.1106-1 Test for methane.

[[Page 457]]

   Transportation, Handling and Storage of Liquefied and Nonliquefied 
                        Compressed Gas Cylinders

75.1106-2 Transportation of liquefied and nonliquefied compressed gas 
          cylinders; requirements.
75.1106-3 Storage of liquefied and nonliquefied compressed gas 
          cylinders; requirements.
75.1106-4 Use of liquefied and nonliquefied compressed gas cylinders; 
          general requirements.
75.1106-5 Maintenance and tests of liquefied and nonliquefied compressed 
          gas cylinders; accessories and equipment; requirements.
75.1106-6 Exemption of small low pressure gas cylinders containing 
          nonflammable or nonexplosive gas mixtures.

    Fire Suppression Devices and Fire-Resistant Hydraulic Fluids on 
                          Underground Equipment

75.1107 Fire suppression devices.
75.1107-1 Fire-resistant hydraulic fluids and fire suppression devices 
          on underground equipment.
75.1107-2 Approved fire-resistant hydraulic fluids; minimum 
          requirements.
75.1107-3 Fire suppression devices; approved components; installation 
          requirements.
75.1107-4 Automatic fire sensors and manual actuators; installation; 
          minimum requirements.
75.1107-5 Electrical components of fire suppression devices; 
          permissibility requirements.
75.1107-6 Capacity of fire suppression devices; location and direction 
          of nozzles.
75.1107-7 Water spray devices; capacity; water supply; minimum 
          requirements.
75.1107-8 Fire suppression devices; extinguishant supply systems.
75.1107-9 Dry chemical devices; capacity; minimum requirements.
75.1107-10 High expansion foam devices; minimum capacity.
75.1107-11 Extinguishing agents; requirements on mining equipment 
          employed in low coal.
75.1107-12 Inerting of mine atmosphere prohibited.
75.1107-13 Approval of other fire suppression devices.
75.1107-14 Guards and handrails; requirements where fire suppression 
          devices are employed.
75.1107-15 Fire suppression devices; hazards; training of miners.
75.1107-16 Inspection of fire suppression devices.
75.1107-17 Incorporation by reference; availability of publications.
75.1108 Flame-resistant conveyor belts.
75.1108-1 Approved conveyor belts.

                             Subpart M_Maps

75.1200 Mine map.
75.1200-1 Additional information on mine map.
75.1200-2 Accuracy and scale of mine maps.
75.1201 Certification.
75.1202 Temporary notations, revisions, and supplements.
75.1202-1 Temporary notations, revisions, and supplements.
75.1203 Availability of mine map.
75.1204 Mine closure; filing of map with Secretary.
75.1204-1 Places to give notice and file maps.

                    Subpart N_Explosives and Blasting

75.1300 Definitions.
75.1301 Qualified person.
75.1310 Explosives and blasting equipment.
75.1311 Transporting explosives and detonators.
75.1312 Explosives and detonators in underground magazines.
75.1313 Explosives and detonators outside of magazines.
75.1314 Sheathed explosive units.
75.1315 Boreholes for explosives.
75.1316 Preparation before blasting.
75.1317 Primer cartridges.
75.1318 Loading boreholes.
75.1319 Weight of explosives permitted in boreholes in bituminous and 
          lignite mines.
75.1320 Multiple-shot blasting.
75.1321 Permit for firing more than 20 boreholes and to use 
          nonpermissible blasting units.
75.1322 Stemming boreholes.
75.1323 Blasting circuits.
75.1324 Methane concentration and tests.
75.1325 Firing procedure.
75.1326 Examination after blasting.
75.1327 Misfires.
75.1328 Damaged or deteriorated explosives and detonators.

                     Subpart O_Hoisting and Mantrips

75.1400 Hoisting equipment; general.
75.1400-1 Hoists; brakes, capability.
75.1400-2 Hoists; tests of safety catches; records.
75.1400-3 Daily examination of hoisting equipment.
75.1400-4 Certifications and records of daily examinations.
75.1401 Hoists; rated capacities; indicators.
75.1401-1 Hoists; indicators.
75.1402 Communication between shaft stations and hoist room.
75.1402-1 Communication between shaft stations and hoist room.
75.1402-2 Tests of signaling systems.
75.1403 Other safeguards.

[[Page 458]]

75.1403-1 General criteria.
75.1403-2 Criteria--Hoists transporting materials; brakes.
75.1403-3 Criteria--Drum clutch; cage construction.
75.1403-4 Criteria--Automatic elevators.
75.1403-5 Criteria--Belt conveyors.
75.1403-6 Criteria--Self-propelled personnel carriers.
75.1403-7 Criteria--Mantrips.
75.1403-8 Criteria--Track haulage roads.
75.1403-9 Criteria--Shelter holes.
75.1403-10 Criteria--Haulage; general.
75.1403-11 Criteria--Entrances to shafts and slopes.
75.1404 Automatic brakes; speed reduction gear.
75.1404-1 Braking system.
75.1405 Automatic couplers.
75.1405-1 Automatic couplers, haulage equipment.

                               Wire Ropes

75.1429 Guide ropes.
75.1430 Wire ropes; scope.
75.1431 Minimum rope strength.
75.1432 Initial measurement.
75.1433 Examinations.
75.1434 Retirement criteria.
75.1435 Load end attachments.
75.1436 Drum end attachment.
75.1437 End attachment retermination.
75.1438 End attachment replacement.

                       Subpart P_Mine Emergencies

75.1500 Emergency shelters.
75.1501 Emergency evacuations.
75.1502 Mine emergency evacuation and firefighting program of 
          instruction.

                        Subpart Q_Communications

75.1600 Communications.
75.1600-1 Communication facilities; main portals; installation 
          requirements.
75.1600-2 Communication facilities; working sections; installation and 
          maintenance requirements; audible or visual alarms.

                         Subpart R_Miscellaneous

75.1700 Oil and gas wells.
75.1702 Smoking; prohibition.
75.1702-1 Smoking programs.
75.1703 Portable electric lamps.
75.1703-1 Permissible lamps.
75.1707-1 New working section.
75.1708 Surface structures, fireproofing.
75.1708-1 Surface structures; fireproof construction.
75.1709 Accumulations of methane and coal dust on surface coal-handling 
          facilities.
75.1710 Canopies or cabs; diesel-powered and electric face equipment.
75.1710-1 Canopies or cabs; self-propelled diesel-powered and electric 
          face equipment; installation requirements.
75.1711 Sealing of mines.
75.1711-1 Sealing of shaft openings.
75.1711-2 Sealing of slope or drift openings.
75.1711-3 Openings of active mines.
75.1712 Bath houses and toilet facilities.
75.1712-1 Availability of surface bathing facilities; change rooms; and 
          sanitary facilities.
75.1712-2 Location of surface facilities.
75.1712-3 Minimum requirements of surface bathing facilities, change 
          rooms, and sanitary toilet facilities.
75.1712-4 Waiver of surface facilities requirements.
75.1712-5 Application for waiver of surface facilities.
75.1712-6 Underground sanitary facilities; installation and maintenance.
75.1712-7 Underground sanitary facilities; waiver of requirements.
75.1712-8 Application for waiver of location requirements for 
          underground sanitary facilities.
75.1712-9 Issuance of waivers.
75.1712-10 Underground sanitary facilities; maintenance.
75.1713 Emergency medical assistance; first-aid.
75.1713-1 Arrangements for emergency medical assistance and 
          transportation for injured persons; agreements; reporting 
          requirements; posting requirements.
75.1713-2 Emergency communications; requirements.
75.1713-3 First-Aid training; supervisory employees.
75.1713-4 First-aid training program; availability of instruction to all 
          miners.
75.1713-5 First-aid training program; retraining of supervisory 
          employees; availability to all miners.
75.1713-6 First-aid training program; minimum requirements.
75.1713-7 First-aid equipment; location; minimum requirements.
75.1714 Availability of approved self-rescue devices; instruction in use 
          and location.
75.1714-1 Approved self-rescue devices.
75.1714-2 Self-rescue devices; use and location requirements.
75.1714-3 Self-rescue devices; inspection, testing, maintenance, repair, 
          and record-keeping.
75.1715 Identification check system.
75.1716 Operations under water.
75.1716-1 Operations under water; notification by operator.
75.1716-2 Permit required.
75.1716-3 Applications for permits.
75.1716-4 Issuance of permits.
75.1717 Exemptions.
75.1718 Drinking water.
75.1718-1 Drinking water; quality.
75.1719 Illumination; purpose and scope of Sec. Sec. 75.1719 through 
          75.1719-4; time for compliance.
75.1719-1 Illumination in working places.

[[Page 459]]

75.1719-2 Lighting fixtures; requirements.
75.1719-3 Methods of measurement; light measuring instruments.
75.1719-4 Mining machines, cap lamps; requirements.
75.1720 Protective clothing; requirements.
75.1720-1 Distinctively colored hard hats, or hard caps; identification 
          for newly employed, inexperienced miners.
75.1721 Opening of new underground coal mines, or reopening and 
          reactivating of abandoned or deactivated coal mines; 
          notification by the operator; requirements.
75.1722 Mechanical equipment guards.
75.1723 Stationary grinding machines; protective devices.
75.1724 Hand-held power tools; safety devices.
75.1725 Machinery and equipment; operation and maintenance.
75.1726 Performing work from a raised position; safeguards.
75.1727 Drive belts.
75.1728 Power-driven pulleys.
75.1729 Welding operations.
75.1730 Compressed air; general; compressed air systems.

Subpart S [Reserved]

                   Subpart T_Diesel-Powered Equipment

75.1900 Definitions.
75.1901 Diesel fuel requirements.
75.1902 Underground diesel fuel storage--general requirements.
75.1903 Underground diesel fuel storage facilities and areas; 
          construction and safety precautions.
75.1904 Underground diesel fuel tanks and safety cans.
75.1905 Dispensing of diesel fuel.
75.1905-1 Diesel fuel piping systems.
75.1906 Transport of diesel fuel.
75.1907 Diesel-powered equipment intended for use in underground coal 
          mines.
75.1908 Nonpermissible diesel-powered equipment; categories.
75.1909 Nonpermissible diesel-powered equipment; design and performance 
          requirements.
75.1910 Nonpermissible diesel-powered equipment; electrical system 
          design and performance requirements.
75.1911 Fire suppression systems for diesel-powered equipment and diesel 
          fuel transportation units.
75.1912 Fire suppression systems for permanent underground diesel fuel 
          storage facilities.
75.1913 Starting aids.
75.1914 Maintenance of diesel-powered equipment.
75.1915 Training and qualification of persons working on diesel-powered 
          equipment.
75.1916 Operation of diesel-powered equipment.

    Authority: 30 U.S.C. 811.

    Source: 35 FR 17890, Nov. 20, 1970, unless otherwise noted.

    Editorial Note: The provisions of this part marked [Statutory 
Provision] appear in Title III of the Federal Coal Mine Health and 
Safety Act of 1969.



                            Subpart A_General



Sec. 75.1  Scope.

    This part 75 sets forth safety standards compliance with which is 
mandatory in each underground coal mine subject to the Federal Mine 
Safety and Health Act of 1977. Some standards also are applicable to 
surface operations. Regulations and criteria supplementary to these 
standards also are set forth in this part.

[35 FR 17890, Nov. 20, 1970, as amended at 43 FR 12319, Mar. 24, 1978]



Sec. 75.2  Definitions.

    The following definitions apply in this part.
    Act. The Federal Mine Safety and Health Act of 1977.
    Active workings. Any place in a coal mine where miners are normally 
required to work or travel.
    Adequate interrupting capacity. The ability of an electrical 
protective device, based upon its required and intended application, to 
safely interrupt values of current in excess of its trip setting or 
melting point.
    Anthracite. Coals with a volatile ratio equal to 0.12 or less. The 
volatile ratio is the volatile matter content divided by the volatile 
matter plus the fixed carbon.
    Approval documentation. Formal papers issued by the Mine Safety and 
Health Administration which describe and illustrate the complete 
assembly of electrical machinery or accessories which have met the 
applicable requirements of 30 CFR part 18.
    Certified or registered. As applied to any person, a person 
certified or registered by the State in which the coal mine is located 
to perform duties prescribed by this part 75, except that in a State 
where no program of certification or registration is provided or where 
the program does not meet at

[[Page 460]]

least minimum Federal standards established by the Secretary, such 
certification or registration shall be by the Secretary.
    Circuit-interrupting device. A device designed to open and close a 
circuit by nonautomatic means and to open the circuit automatically at a 
predetermined overcurrent value without damage to the device when 
operated within its rating.
    Coal mine. Includes areas of adjoining mines connected underground.
    Filter Self-Rescuer (FSR). A type of gas mask approved by MSHA and 
NIOSH under 42 CFR part 84 for escape only from underground mines and 
which provides at least 1 hour of protection against carbon monoxide.
    Ground fault or grounded phase. An unintentional connection between 
an electric circuit and the grounding system.
    Low voltage. Up to and including 660 volts, medium voltage means 
voltages from 661 to 1,000 volts; and high voltage means more than 1,000 
volts.
    Motor-starter enclosure. An enclosure containing motor starting 
circuits and equipment.
    Nominal voltage. The phase-to-phase or line-to-line root-mean-square 
value assigned to a circuit or system for designation of its voltage 
class, such as 480 or 4,160 volts. Actual voltage at which the circuit 
or system operates may vary from the nominal voltage within a range that 
permits satisfactory operation of equipment.
    Permissible. (1) As applied to electric face equipment, all 
electrically operated equipment taken into or used inby the last open 
crosscut of an entry or a room of any coal mine the electrical parts of 
which, including, but not limited to, associated electrical equipment, 
components, and accessories, are designed, constructed, and installed, 
in accordance with the specifications of the Secretary, to assure that 
such equipment will not cause a mine explosion or mine fire, and the 
other features of which are designed and constructed, in accordance with 
the specifications of the Secretary, to prevent, to the greatest extent 
possible, other accidents in the use of such equipment. The regulations 
of the Secretary or the Director of the Bureau of Mines in effect on 
March 30, 1970, relating to the requirements for investigation, testing, 
approval, certification, and acceptance of such equipment as permissible 
shall continue in effect until modified or superseded by the Secretary, 
except that the Secretary shall provide procedures, including, where 
feasible, testing, approval, certification, and acceptance in the field 
by an authorized representative of the Secretary, to facilitate 
compliance by an operator with the requirements of Sec. 75.500 within 
the periods prescribed in Sec. 75.500.
    (2) As applied to equipment other than permissible electric face 
equipment: (i) Equipment used in the operation of a coal mine to which 
an approval plate, label, or other device is attached as authorized by 
the Secretary and which meets specifications which are prescribed by the 
Secretary for the construction and maintenance of such equipment and are 
designed to assure that such equipment will not cause a mine explosion 
or a mine fire. (ii) The manner of use of equipment means the manner of 
use prescribed by the Secretary.
    Qualified person. As the context requires:
    (1) An individual deemed qualified by the Secretary and designated 
by the operator to make tests and examinations required by this part 75; 
and
    (2) An individual deemed, in accordance with minimum requirements to 
be established by the Secretary, qualified by training, education, and 
experience, to perform electrical work, to maintain electrical 
equipment, and to conduct examinations and tests of all electrical 
equipment.
    Respirable dust. Dust collected with a sampling device approved by 
the Secretary and the Secretary of Health and Human Services in 
accordance with part 74--Coal Mine Dust Personal Sampler Units of this 
title. Sampling device approvals issued by the Secretary of the Interior 
and Secretary of Health, Education, and Welfare are continued in effect.
    Rock dust. Pulverized limestone, dolomite, gypsum, anhydrite, shale, 
adobe, or other inert material, preferably light colored, 100 percent of 
which will pass through a sieve having

[[Page 461]]

20 meshes per linear inch and 70 percent or more of which will pass 
through a sieve having 200 meshes per linear inch; the particles of 
which when wetted and dried will not cohere to form a cake which will 
not be dispersed into separate particles by a light blast of air; and 
which does not contain more than 5 percent combustible matter or more 
than a total of 4 percent free and combined silica (SiO2), 
or, where the Secretary finds that such silica concentrations are not 
available, which does not contain more than 5 percent of free and 
combined silica.
    Secretary. The Secretary of Labor or the Secretary's delegate.
    Self-Contained Self-Rescuer (SCSR). A type of closed-circuit, self-
contained breathing apparatus approved by MSHA and NIOSH under 42 CFR 
part 84 for escape only from underground mines.
    Short circuit. An abnormal connection of relatively low impedance, 
whether made accidentally or intentionally, between two points of 
different potential.
    Working face. Any place in a coal mine in which work of extracting 
coal from its natural deposit in the earth is performed during the 
mining cycle.
    Working place. The area of a coal mine inby the last open crosscut.
    Working section. All areas of the coal mine from the loading point 
of the section to and including the working faces.

[57 FR 20913, May 15, 1992, as amended at 60 FR 30401, June 8, 1995; 67 
FR 11001, Mar. 11, 2002]



                Subpart B_Qualified and Certified Persons



Sec. 75.100  Certified person.

    (a) The provisions of Subpart D--Ventilation of this part 75 require 
that certain examinations and tests be made by a certified person. A 
certified person within the meaning of those provisions is a person who 
has been certified as a mine foreman (mine manager), an assistant mine 
foreman (section foreman), or a preshift examiner (mine examiner). A 
person who has been so certified is also a qualified person within the 
meaning of those provisions of subpart D of this part which require that 
certain tests be made by a qualified person and within the meaning of 
Sec. 75.1106.
    (b) A person who is certified as a mine foreman, an assistant mine 
foreman, or a preshift examiner by the State in which the coal mine is 
located is, to the extent of the State's certification, a certified 
person within the meaning of the provisions of subpart D of this part 
and Sec. 75.1106 referred to in paragraph (a) of this section.
    (c)(1) The Secretary may certify persons in the categories of mine 
foreman, assistant mine foreman, and preshift examiner whenever the 
State in which persons are presently employed in these categories does 
not provide for such certification. A person's initial certification by 
MSHA is valid for as long as the person continues to satisfy the 
requirements necessary to obtain the certification and is employed at 
the same coal mine or by the same independent contractor. The mine 
operator or independent contractor shall make an application which 
satisfactorily shows that each such person has had at least 2 years 
underground experience in a coal mine, and has held the position of mine 
foreman, assistant mine foreman, or preshift examiner for a period of 6 
months immediately preceding the filing of the application, and is 
qualified to test for methane and for oxygen deficiency. Applications 
for Secretarial certification should be submitted in writing to the 
Health and Safety Activity, Mine Safety and Health Administration, 
Certification and Qualification Center, P.O. Box 25367, Denver Federal 
Center, Denver, Colorado 80225.
    (2) A person certified by the Secretary under this paragraph will be 
a certified person, within the meaning of the provisions for subpart D 
of this part and Sec. 75.1106 referred to in paragraph (a) of this 
section, as long as that person continues to satisfy the requirements 
for qualification or certification and is employed at the same coal mine 
or by the same independent contractor.

[35 FR 17890, Nov. 20, 1970, as amended at 43 FR 12320, Mar. 24, 1978; 
54 FR 30514, July 20, 1989]

[[Page 462]]



Sec. 75.150  Tests for methane and for oxygen deficiency; qualified person.

    (a) The provisions of Subpart D--Ventilation of this part and Sec. 
75.1106 require that tests for methane and for oxygen deficiency be made 
by a qualified person. A person is a qualified person for this purpose 
if he is a certified person under Sec. 75.100.
    (b) Pending issuance of Federal standards, a person will be 
considered a qualified person for testing for methane and for oxygen 
deficiency:
    (1) If he has been qualified for this purpose by the State in which 
the coal mine is located; or
    (2) The Secretary may qualify persons for this purpose in a coal 
mine in which persons are not qualified for this purpose by the State 
upon an application and a satisfactory showing by the operator of the 
coal mine that each such person has been trained and designated by the 
operator to test for methane and oxygen deficiency and has made such 
tests for a period of 6 months immediately preceding the application. 
Applications for Secretarial qualification should be submitted to the 
Health and Safety Activity, Mine Safety and Health Administration, 
Certification and Qualification Center, P.O. Box 25367, Denver Federal 
Center, Denver, Colo. 80225.

[35 FR 17890, Nov. 20, 1970, as amended at 43 FR 12320, Mar. 24, 1978]



Sec. 75.151  Tests for methane; qualified person; additional requirement.

    Notwithstanding the provisions of Sec. 75.150, on and after January 
1, 1971, no person shall be a qualified person for testing for methane 
unless he demonstrates to the satisfaction of an authorized 
representative of the Secretary that he is qualified to test for methane 
with a portable methane detector approved by the Bureau of Mines or the 
Mine Safety and Health Administration under part 22 of this chapter 
(Bureau of Mines Schedule 8C).



Sec. 75.152  Tests of air flow; qualified person.

    A person is a qualified person within the meaning of the provisions 
of Subpart D--Ventilation of this part requiring that tests of air flow 
be made by a qualified person only if he is a certified person under 
Sec. 75.100 or a person trained and designated by a certified person to 
perform such tests.



Sec. 75.153  Electrical work; qualified person.

    (a) Except as provided in paragraph (f) of this section, an 
individual is a qualified person within the meaning of Sec. Sec. 75.511 
and 75.512 to perform electrical work (other than work on energized 
surface high-voltage lines) if:
    (1) He has been qualified as a coal mine electrician by a State that 
has a coal mine electrical qualification program approved by the 
Secretary; or,
    (2) He has at least 1 year of experience in performing electrical 
work underground in a coal mine, in the surface work areas of an 
underground coal mine, in a surface coal mine, in a noncoal mine, in the 
mine equipment manufacturing industry, or in any other industry using or 
manufacturing similar equipment, and has satisfactorily completed a coal 
mine electrical training program approved by the Secretary; or,
    (3) He has at least 1 year of experience, prior to the date of the 
application required by paragraph (c) of this section, in performing 
electrical work underground in a coal mine, in the surface work areas of 
an underground coal mine, in a surface coal mine, in a noncoal mine, in 
the mine equipment manufacturing industry, or in any other industry 
using or manufacturing similar equipment, and he attains a satisfactory 
grade on each of the series of five written tests approved by the 
Secretary and prescribed in paragraph (b) of this section.
    (b) The series of five written tests approved by the Secretary shall 
include the following categories:
    (1) Direct current theory and application;
    (2) Alternating current theory and application;
    (3) Electric equipment and circuits;
    (4) Permissibility of electric equipment; and,
    (5) Requirements of subparts F through K of this part 75.
    (c) In order to take the series of five written tests approved by 
the Secretary, an individual shall apply to the District Manager and 
shall certify that

[[Page 463]]

he meets the requirements of paragraph (a)(3) of this section. The tests 
will be administered in the Coal Mine Safety and Health Districts at 
regular intervals, or as demand requires.
    (d) A score of at least 80 percent of each of the five written tests 
will be deemed to be a satisfactory grade. Recognition shall be given to 
practical experience in that 1 percentage point shall be added to an 
individual's score in each test for each additional year of experience 
beyond the 1 year minimum requirement specified in paragraph (a)(3) of 
this section; however, in no case shall an individual be given more than 
5 percentage points for such practical experience.
    (e) An individual may, within 30 days from the date on which he 
received notification from the Administration of his test scores, repeat 
those on which he received an unsatisfactory score. If further retesting 
is necessary after this initial repetition, a minimum of 30 days from 
the date of receipt of notification of the initial retest scores shall 
elapse prior to such further retesting.
    (f) An individual who has, prior to November 1, 1972, been qualified 
to perform electrical work specified in Sec. Sec. 75.511 and 75.512 
(other than work on energized surface high-voltage lines) shall continue 
to be qualified until June 30, 1973. To remain qualified after June 30, 
1973, such individual shall meet the requirements of either paragraph 
(a) (1), (2), or (3) of this section.
    (g) An individual qualified in accordance with this section shall, 
in order to retain qualification, certify annually to the District 
Manager, that he has satisfactorily completed a coal mine electrical 
retraining program approved by the Secretary.

[37 FR 22376, Oct. 19, 1972, as amended at 44 FR 9380, Feb. 13, 1979; 47 
FR 23641, May 28, 1982]



Sec. 75.154  Repair of energized surface high voltage lines; qualified 
person.

    An individual is a qualified person within the meaning of Sec. 
75.705 for the purpose of repairing energized surface high voltage lines 
only if he has had at least 2 years experience in electrical 
maintenance, and at least 2 years experience in the repair of energized 
high voltage surface lines located on poles or structures.



Sec. 75.155  Qualified hoisting engineer; qualifications.

    (a)(1) A person is a qualified hoisting engineer within the 
provisions of subpart O of this part, for the purpose of operating a 
steam-driven hoist in a coal mine, if he has at least 1 year experience 
as an engineer in a steam-driven hoisting plant and is qualified by the 
State in which the mine is located as a steam-hoisting engineer; or
    (2) If a State has no program for qualifying persons as steam-
hoisting engineers, the Secretary may qualify persons for this purpose 
if the operator of the coal mine in which such persons are employed, or 
the independent contractor, makes an application and a satisfactory 
showing that each such person has had 1 year experience in operating 
steam-driven hoists and has held the position of hoisting engineer for a 
periond of 6 months immediately preceding the application. A person's 
qualification is valid for as long as this person continues to satisfy 
the requirements necessary for qualification and is employed at the same 
coal mine or by the same independent contractor.
    (b)(1) A person is a qualified hoisting engineer within the 
provisions of subpart O of this part, for the purpose of operating an 
electrically driven hoist in a coal mine, if he has at least 1 year 
experience operating a hoist plant in a mine or maintaining electric-
hoist equipment in a mine and is qualified by the State in which the 
mine is located as an electric-hoisting engineer; or
    (2) If a State has no program for qualifying persons as electric-
hoisting engineers, the Secretary may qualify persons for this purpose 
if the operator of the coal mine in which such persons are employed, or 
the independent contractor, makes an application and a satisfactory 
showing that each such person has had 1 year experience in operating 
electric-driven hoists and has held the position of hoisting engineer 
for a period of 6 months immediately preceding the application. A 
person's qualification is valid for as long as this

[[Page 464]]

person continues to satisfy the requirements for qualification and is 
employed at the same coal mine or by the same independent contractor.
    (c) Applications for Secretarial qualification should be submitted 
to the Health and Safety Activity, Mine Safety and Health 
Administration, Certification and Qualification Center, P.O. Box 25367, 
Denver Federal Center, Denver, Colo. 80225.

[35 FR 17894, Nov. 20, 1970, as amended at 43 FR 12320, Mar. 24, 1978; 
54 FR 30515, July 20, 1989]



Sec. 75.159  Records of certified and qualified persons.

    The operator of each coal mine shall maintain a list of all 
certified and qualified persons designated to perform duties under this 
part 75.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]



Sec. 75.160  Training programs.

                          [Statutory Provision]

    Every operator of a coal mine shall provide a program, approved by 
the Secretary, of training and retraining of both qualified and 
certified persons needed to carry out functions prescribed in the Act.



Sec. 75.161  Plans for training programs.

    Each operator must submit to the district manager, of the Coal Mine 
Safety and Health District in which the mine is located, a program or 
plan setting forth what, when, how, and where the operator will train 
and retrain persons whose work assignments require that they be 
certified or qualified. The program must provide--
    (a) For certified persons, annual training courses in first aid, 
principles of mine rescue, and the provisions of this part 75; and
    (b) For qualified persons, annual courses in performance of the task 
which they perform as qualified persons.

[63 FR 53761, Oct. 6, 1998]



                         Subpart C_Roof Support

    Source: 53 FR 2375, Jan. 27, 1988, unless otherwise noted.



Sec. 75.200  Scope.

    This subpart C sets forth requirements for controlling roof, face 
and ribs, including coal or rock bursts, in underground coal mines. Roof 
control systems installed prior to the effective date of this subpart 
are not affected so long as the support system continues to effectively 
control the roof, face and ribs.



Sec. 75.201  Definitions.

    Automated temporary roof support (ATRS) system. A device to provide 
temporary roof support from a location where the equipment operator is 
protected from roof falls.
    Pillar recovery. Any reduction in pillar size during retreat mining.



Sec. 75.202  Protection from falls of roof, face and ribs.

    (a) The roof, face and ribs of areas where persons work or travel 
shall be supported or otherwise controlled to protect persons from 
hazards related to falls of the roof, face or ribs and coal or rock 
bursts.
    (b) No person shall work or travel under unsupported roof unless in 
accordance with this subpart.



Sec. 75.203  Mining methods.

    (a) The method of mining shall not expose any person to hazards 
caused by excessive widths of rooms, crosscuts and entries, or faulty 
pillar recovery methods. Pillar dimensions shall be compatible with 
effective control of the roof, face and ribs and coal or rock bursts.
    (b) A sightline or other method of directional control shall be used 
to maintain the projected direction of mining in entries, rooms, 
crosscuts and pillar splits.
    (c) A sidecut shall be started only from an area that is supported 
in accordance with the roof control plan.
    (d) A working face shall not be mined through into an unsupported 
area of active workings, except when the unsupported area is 
inaccessible.
    (e) Additional roof support shall be installed where--
    (1) The width of the opening specified in the roof control plan is 
exceeded by more than 12 inches; and

[[Page 465]]

    (2) The distance over which the excessive width exists is more than 
5 feet.



Sec. 75.204  Roof bolting.

    (a) For roof bolts and accessories addressed in ASTM F432-95, 
``Standard Specification for Roof and Rock Bolts and Accessories,'' the 
mine operator shall--
    (1) Obtain a manufacturer's certification that the material was 
manufactured and tested in accordance with the specifications of ASTM 
F432-95; and
    (2) Make this certification available to an authorized 
representative of the Secretary and to the representative of miners.
    (b) Roof bolts and accessories not addressed in ASTM F432-95 may be 
used, provided that the use of such materials is approved by the 
District Manager based on--
    (1) Demonstrations which show that the materials have successfully 
supported the roof in an area of a coal mine with similar strata, 
opening dimensions and roof stresses; or
    (2) Tests which show the materials to be effective for supporting 
the roof in an area of the affected mine which has similar strata, 
opening dimensions and roof stresses as the area where the roof bolts 
are to be used. During the test process, access to the test area shall 
be limited to persons necessary to conduct the test.
    (c)(1) A bearing plate shall be firmly installed with each roof 
bolt.
    (2) Bearing plates used directly against the mine roof shall be at 
least 6 inches square or the equivalent, except that where the mine roof 
is firm and not susceptible to sloughing, bearing plates 5 inches square 
or the equivalent may be used.
    (3) Bearing plates used with wood or metal materials shall be at 
least 4 inches square or the equivalent.
    (4) Wooden materials that are used between a bearing plate and the 
mine roof in areas which will exist for three years or more shall be 
treated to minimize deterioration.
    (d) When washers are used with roof bolts, the washers shall conform 
to the shape of the roof bolt head and bearing plate.
    (e)(1) The diameter of finishing bits shall be within a tolerance of 
plus or minus 0.030 inch of the manufacturer's recommended hole diameter 
for the anchor used.
    (2) When separate finishing bits are used, they shall be 
distinguishable from other bits.
    (f) Tensioned roof bolts. (1) Roof bolts that provide support by 
creating a beam of laminated strata shall be at least 30 inches long. 
Roof bolts that provide support by suspending the roof from overlying 
stronger strata shall be long enough to anchor at least 12 inches into 
the stronger strata.
    (2) Test holes, spaced at intervals specified in the roof control 
plan, shall be drilled to a depth of at least 12 inches above the 
anchorage horizon of mechanically anchored tensioned bolts being used. 
When a test hole indicates that bolts would not anchor in competent 
strata, corrective action shall be taken.
    (3) The installed torque or tension ranges for roof bolts as 
specified in the roof control plan shall maintain the integrity of the 
support system and shall not exceed the yield point of the roof bolt nor 
anchorage capacity of the strata.
    (4) In each roof bolting cycle, the actual torque or tension of the 
first tensioned roof bolt installed with each drill head shall be 
measured immediately after it is installed. Thereafter, for each drill 
head used, at least one roof bolt out of every four installed shall be 
measured for actual torque or tension. If the torque or tension of any 
of the roof bolts measured is not within the range specified in the roof 
control plan, corrective action shall be taken.
    (5) In working places from which coal is produced during any portion 
of a 24-hour period, the actual torque or tension on at least one out of 
every ten previously installed mechanically anchored tensioned roof 
bolts shall be measured from the outby corner of the last open crosscut 
to the face in each advancing section. Corrective action shall be taken 
if the majority of the bolts measured--
    (i) Do not maintain at least 70 percent of the minimum torque or 
tension specified in the roof control plan, 50

[[Page 466]]

percent if the roof bolt plates bear against wood; or
    (ii) Have exceeded the maximum specified torque or tension by 50 
percent.
    (6) The mine operator or a person designated by the operator shall 
certify by signature and date that measurements required by paragraph 
(f)(5) of this section have been made. This certification shall be 
maintained for at least one year and shall be made available to an 
authorized representative of the Secretary and representatives of the 
miners.
    (7) Tensioned roof bolts installed in the roof support pattern shall 
not be used to anchor trailing cables or used for any other purpose that 
could affect the tension of the bolt. Hanging trailing cables, line 
brattice, telephone lines, or other similar devices which do not place 
sudden loads on the bolts are permitted.
    (8) Angle compensating devices shall be used to compensate for the 
angle when tensioned roof bolts are installed at angles greater than 5 
degrees from the perpendicular to the bearing plate.
    (g) Non-tensioned grouted roof bolts. The first non-tensioned 
grouted roof bolt installed during each roof bolting cycle shall be 
tested during or immediately after the first row of bolts has been 
installed. If the bolt tested does not withstand at least 150 foot-
pounds of torque without rotating in the hole, corrective action shall 
be taken.

[53 FR 2375, Jan. 27, 1988, as amended at 55 FR 4595, Feb. 8, 1990; 63 
FR 20030, Apr. 22, 1998]



Sec. 75.205  Installation of roof support using mining machines with 
integral roof bolters.

    When roof bolts are installed by a continuous mining machine with 
intregal roof bolting equipment:
    (a) The distance between roof bolts shall not exceed 10 feet 
crosswise.
    (b) Roof bolts to be installed 9 feet or more apart shall be 
installed with a wooden crossbar at least 3 inches thick and 8 inches 
wide, or material which provides equivalent support.
    (c) Roof bolts to be installed more than 8 feet but less than 9 feet 
apart shall be installed with a wooden plank at least 2 inches thick and 
8 inches wide, or material which provides equivalent support.



Sec. 75.206  Conventional roof support.

    (a) Except in anthracite mines using non-mechanized mining systems, 
when conventional roof support materials are used as the only means of 
support--
    (1) The width of any opening shall not exceed 20 feet;
    (2) The spacing of roadway roof support shall not exceed 5 feet;
    (3)(i) Supports shall be installed to within 5 feet of the uncut 
face;
    (ii) When supports nearest the face must be removed to facilitate 
the operation of face equipment, equivalent temporary support shall be 
installed prior to removing the supports;
    (4) Straight roadways shall not exceed 16 feet wide where full 
overhead support is used and 14 feet wide where only posts are used;
    (5) Curved roadways shall not exceed 16 feet wide; and
    (6) The roof at the entrance of all openings along travelways which 
are no longer needed for storing supplies or for travel of equipment 
shall be supported by extending the line of support across the opening.
    (b) Conventional roof support materials shall meet the following 
specifications:
    (1) The minimum diameter of cross-sectional area of wooden posts 
shall be as follows:

------------------------------------------------------------------------
                                                               Cross-
                                                              sectional
                                               Diameter of     area of
           Post length (in inches)             round posts   split posts
                                               (in inches)   (in square
                                                               inches)
------------------------------------------------------------------------
60 or less..................................             4            13
Over 60 to 84...............................             5            20
Over 84 to 108..............................             6            28
Over 108 to 132.............................             7            39
Over 132 to 156.............................             8            50
Over 156 to 180.............................             9            64
Over 180 to 204.............................            10            79
Over 204 to 228.............................            11            95
Over 228....................................            12           113
------------------------------------------------------------------------

    (2) Wooden materials used for support shall have the following 
dimensions:
    (i) Cap blocks and footings shall have flat sides and be at least 2 
inches thick, 4 inches wide and 12 inches long.
    (ii) Crossbars shall have a minimum cross-sectional area of 24 
square inches and be at least 3 inches thick.

[[Page 467]]

    (iii) Planks shall be at least 6 inches wide and 1 inch thick.
    (3) Cribbing materials shall have at least two parallel flat sides.
    (c) A cluster of two or more posts that provide equivalent strength 
may be used to meet the requirements of paragraph (b)(1) of this 
section, except that no post shall have a diameter less than 4 inches or 
have a cross-sectional area less than 13 square inches.
    (d) Materials other than wood used for support shall have support 
strength at least equivalent to wooden material meeting the applicable 
provisions of this section.
    (e) Posts and jacks shall be tightly installed on solid footing.
    (f) When posts are installed under roof susceptible to sloughing a 
cap block, plank, crossbar or materials that are equally effective shall 
be placed between the post and the roof.
    (g) Blocks used for lagging between the roof and crossbars shall be 
spaced to distribute the load.
    (h) Jacks used for roof support shall be used with at least 36 
square inches of roof bearing surface.

[53 FR 2375, Jan. 27, 1988, as amended at 55 FR 14228, April 16, 1990; 
55 FR 20137, May 15, 1990]



Sec. 75.207  Pillar recovery.

    Pillar recovery shall be conducted in the following manner, unless 
otherwise specified in the roof control plan:
    (a) Full and partial pillar recovery shall not be conducted on the 
same pillar line, except where physical conditions such as unstable 
floor or roof, falls of roof, oil and gas well barriers or surface 
subsidence require that pillars be left in place.
    (b) Before mining is started in a pillar split or lift--
    (1) At least two rows of breaker posts or equivalent support shall 
be installed--
    (i) As close to the initial intended breakline as practicable; and
    (ii) Across each opening leading into an area where full or partial 
pillar extraction has been completed.
    (2) A row of roadside-radius (turn) posts or equivalent support 
shall be installed leading into the split or lift.
    (c) Before mining is started on a final stump--
    (1) At least 2 rows of posts or equivalent support shall be 
installed on not more than 4-foot centers on each side of the roadway; 
and
    (2) Only one open roadway, which shall not exceed 16 feet wide, 
shall lead from solid pillars to the final stump of a pillar. Where 
posts are used as the sole means of roof support, the width of the 
roadway shall not exceed 14 feet.
    (d) During open-end pillar extraction, at least 2 rows of breaker 
posts or equivalent support shall be installed on not more than 4-foot 
centers. These supports shall be installed between the lift to be 
started and the area where pillars have been extracted. These supports 
shall be maintained to within 7 feet of the face and the width of the 
roadway shall not exceed 16 feet. Where posts are used as the sole means 
of roof support, the width of the roadway shall not exceed 14 feet.



Sec. 75.208  Warning devices.

    Except during the installation of roof supports, the end of 
permanent roof support shall be posted with a readily visible warning, 
or a physical barrier shall be installed to impede travel beyond 
permanent support.



Sec. 75.209  Automated Temporary Roof Support (ATRS) systems.

    (a) Except in anthracite mines and as specified in paragraphs (b) 
and (c) of this section, an ATRS system shall be used with roof bolting 
machines and continuous-mining machines with integral roof bolters 
operated in a working section. The requirements of this paragraph shall 
be met according to the following schedule:
    (1) All new machines ordered after March 28, 1988.
    (2) All existing machines operated in mining heights of 36 inches or 
more after March 28, 1989; and
    (3) All existing machines operated in mining heights of 30 inches or 
more but less than 36 inches after March 28, 1990.
    (b) After March 28, 1990 the use of ATRS systems with existing roof 
bolting machines and continuous-mining machines with integral roof 
bolters operated in a working section where the mining height is less 
than 30 inches shall be addressed in the roof control plan.

[[Page 468]]

    (c) Alternative means of temporary support shall be used, as 
specified in the roof control plan, when--
    (1) Mining conditions or circumstances prevent the use of an ATRS 
system; or
    (2) Temporary supports are installed in conjunction with an ATRS 
system.
    (d) Persons shall work or travel between the support device of the 
ATRS system and another support, and the distance between the support 
device of the ATRS system and support to the left, right or beyond the 
ATRS system, shall not exceed 5 feet.
    (e) Each ATRS system shall meet each of the following:
    (1) The ATRS system shall elastically support a deadweight load 
measured in pounds of at least 450 times each square foot of roof 
intended to be supported, but in no case less than 11,250 pounds.
    (2) The controls that position and set the ATRS system shall be--
    (i) Operable from under permanently supported roof; or
    (ii) Located in a compartment, which includes a deck, that provides 
the equipment operator with overhead and lateral protection, and has the 
structural capacity to elastically support a deadweight load of at least 
18,000 pounds.
    (3) All jacks affecting the capacity of the ATRS system and 
compartment shall have check valves or equivalent devices that will 
prevent rapid collapse in the event of a system failure.
    (4) Except for the main tram controls, tram controls for positioning 
the equipment to set the ATRS system shall limit the speed of the 
equipment to a maximum of 80 feet-per-minute.
    (f) The support capacity of each ATRS system and the structural 
capacity of each compartment shall be certified by a registered engineer 
as meeting the applicable requirements of paragraphs (e)(1) and (e)(2) 
of this section. The certifications shall be made available to an 
authorized representative of the Secretary and representative of the 
miners.



Sec. 75.210  Manual installation of temporary support.

    (a) When manually installing temporary support, only persons engaged 
in installing the support shall proceed beyond permanent support.
    (b) When manually installing temporary supports, the first temporary 
support shall be set no more than 5 feet from a permanent roof support 
and the rib. All temporary supports shall be set so that the person 
installing the supports remains between the temporary support being set 
and two other supports which shall be no more than 5 feet from the 
support being installed. Each temporary support shall be completely 
installed prior to installing the next temporary support.
    (c) All temporary supports shall be placed on no more than 5-foot 
centers.
    (d) Once temporary supports have been installed, work or travel 
beyond permanent roof support shall be done between temporary supports 
and the nearest permanent support or between other temporary supports.



Sec. 75.211  Roof testing and scaling.

    (a) A visual examination of the roof, face and ribs shall be made 
immediately before any work is started in an area and thereafter as 
conditions warrant.
    (b) Where the mining height permits and the visual examination does 
not disclose a hazardous condition, sound and vibration roof tests, or 
other equivalent tests, shall be made where supports are to be 
installed. When sound and vibration tests are made, they shall be 
conducted--
    (1) After the ATRS system is set against the roof and before other 
support is installed; or
    (2) Prior to manually installing a roof support. This test shall 
begin under supported roof and progress no further than the location 
where the next support is to be installed.
    (c) When a hazardous roof, face, or rib condition is detected, the 
condition shall be corrected before there is any other work or travel in 
the affected area. If the affected area is left unattended, each 
entrance to the area shall be posted with a readily visible warning, or 
a physical barrier shall be installed to impede travel into the area.
    (d) A bar for taking down loose material shall be available in the 
working place or on all face equipment except haulage equipment. Bars 
provided for

[[Page 469]]

taking down loose material shall be of a length and design that will 
allow the removal of loose material from a position that will not expose 
the person performing this work to injury from falling material.



Sec. 75.212  Rehabilitation of areas with unsupported roof.

    (a) Before rehabilitating each area where a roof fall has occurred 
or the roof has been removed by mining machines or by blasting--
    (1) The mine operator shall establish the clean up and support 
procedures that will be followed;
    (2) All persons assigned to perform rehabilitation work shall be 
instructed in the clean-up and support procedures; and
    (3) Ineffective, damaged or missing roof support at the edge of the 
area to be rehabilitated shall be replaced or other equivalent support 
installed.
    (b) All persons who perform rehabilitation work shall be experienced 
in this work or they shall be supervised by a person experienced in 
rehabilitation work who is designated by the mine operator.
    (c) Where work is not being performed to rehabilitate an area in 
active workings where a roof fall has occurred or the roof has been 
removed by mining machines or by blasting, each entrance to the area 
shall be supported by at least one row of posts on not more than 5-foot 
centers, or equally effective support.



Sec. 75.213  Roof support removal.

    (a)(1) All persons who perform the work of removing permanent roof 
supports shall be supervised by a management person experienced in 
removing roof supports.
    (2) Only persons with at least one year of underground mining 
experience shall perform permanent roof support removal work.
    (b) Prior to the removal of permanent roof supports, the person 
supervising roof support removal in accordance with paragraph (a)(1) of 
this section shall examine the roof conditions in the area where the 
supports are to be removed and designate each support to be removed.
    (c)(1) Except as provided in paragraph (g) of this section, prior to 
the removal of permanent supports, a row of temporary supports on no 
more than 5-foot centers or equivalent support shall be installed across 
the opening within 4 feet of the supports being removed. Additional 
supports shall be installed where necessary to assure safe removal.
    (2) Prior to the removal of roof bolts, temporary support shall be 
installed as close as practicable to each roof bolt being removed.
    (d) Temporary supports installed in accordance with this section 
shall not be removed unless--
    (1) Removal is done by persons who are in a remote location under 
supported roof; and
    (2) At least two rows of temporary supports, set across the opening 
on no more than 5-foot centers, are maintained between the miners and 
the unsupported area.
    (e) Each entrance to an area where supports have been removed shall 
be posted with a readily visible warning or a physical barrier shall be 
installed to impede travel into the area.
    (f) Except as provided in paragraph (g) of this section, permanent 
support shall not be removed where--
    (1) Roof bolt torque or tension measurements or the condition of 
conventional support indicate excessive loading;
    (2) Roof fractures are present;
    (3) There is any other indication that the roof is structurally 
weak; or
    (4) Pillar recovery has been conducted.
    (g) Permanent supports may be removed provided that:
    (1) Removal is done by persons who are in a remote location under 
supported roof; and
    (2) At least two rows of temporary supports, set across the opening 
on no more than 5-foot centers, are maintained between the miners and 
the unsupported area.
    (h) The provisions of this section do not apply to removal of 
conventional supports for starting crosscuts and pillar splits or lifts 
except that prior to

[[Page 470]]

the removal of these supports an examination of the roof conditions 
shall be made.

[55 FR 4595, Feb. 8, 1990]



Sec. 75.214  Supplemental support materials, equipment and tools.

    (a) A supply of supplementary roof support materials and the tools 
and equipment necessary to install the materials shall be available at a 
readily accessible location on each working section or within four 
crosscuts of each working section.
    (b) The quantity of support materials and tools and equipment 
maintained available in accordance with this section shall be sufficient 
to support the roof if adverse roof conditions are encountered, or in 
the event of an accident involving a fall.



Sec. 75.215  Longwall mining systems.

    For each longwall mining section, the roof control plan shall 
specify--
    (a) The methods that will be used to maintain a safe travelway out 
of the section through the tailgate side of the longwall; and
    (b) The procedures that will be followed if a ground failure 
prevents travel out of the section through the tailgate side of the 
longwall.



Sec. 75.220  Roof control plan.

    (a)(1) Each mine operator shall develop and follow a roof control 
plan, approved by the District Manager, that is suitable to the 
prevailing geological conditions, and the mining system to be used at 
the mine. Additional measures shall be taken to protect persons if 
unusual hazards are encountered.
    (2) The proposed roof control plan and any revisions to the plan 
shall be submitted, in writing, to the District Manager. When revisions 
to a roof control plan are proposed, only the revised pages need to be 
submitted unless otherwise specified by the District Manager.
    (b)(1) The mine operator will be notified in writing of the approval 
or denial of approval of a proposed roof control plan or proposed 
revision.
    (2) When approval of a proposed plan or revision is denied, the 
deficiencies of the plan or revision and recommended changes will be 
specified and the mine operator will be afforded an opportunity to 
discuss the deficiencies and changes with the District Manager.
    (3) Before new support materials, devices or systems other than roof 
bolts and accessories, are used as the only means of roof support, the 
District Manager may require that their effectiveness be demonstrated by 
experimental installations.
    (c) No proposed roof control plan or revision to a roof control plan 
shall be implemented before it is approved.
    (d) Before implementing an approved revision to a roof control plan, 
all persons who are affected by the revision shall be instructed in its 
provisions.
    (e) The approved roof control plan and any revisions shall be 
available to the miners and representative of miners at the mine.
    (f) Existing roof control plans that conflict with this subpart C 
shall be revised to meet the requirements of this subpart C by September 
28, 1988. This paragraph (f) shall expire March 28, 1989.

[53 FR 2375, Jan. 27, 1988; 53 FR 11395, Apr. 6, 1988 as amended at 60 
FR 33723, June 29, 1995]



Sec. 75.221  Roof control plan information.

    (a) The following information shall be included in each roof control 
plan:
    (1) The name and address of the company.
    (2) The name, address, mine identification number and location of 
the mine.
    (3) The name and title of the company official responsible for the 
plan.
    (4) A typical columnar section of the mine strata which shall--
    (i) Show the name and the thickness of the coalbed to be mined and 
any persistent partings;
    (ii) Identify the type and show the thickness of each stratum up to 
and including the main roof above the coalbed and for distance of at 
least 10 feet below the coalbed; and
    (iii) Indicate the maximum cover over the area to be mined.
    (5) A description and drawings of the sequence of installation and 
spacing of supports for each method of mining used.
    (6) When an ATRS system is used, the maximum distance that an ATRS

[[Page 471]]

system is to be set beyond the last row of permanent support.
    (7) When tunnel liners or arches are to be used for roof support, 
specifications and installation procedures for the liners or arches.
    (8) Drawings indicating the planned width of openings, size of 
pillars, method of pillar recovery, and the sequence of mining pillars.
    (9) A list of all support materials required to be used in the roof, 
face and rib control system, including, if roof bolts are to be 
installed--
    (i) The length, diameter, grade and type of anchorage unit to be 
used;
    (ii) The drill hole size to be used; and
    (iii) The installed torque or tension range for tensioned roof 
bolts.
    (10) When mechanically anchored tensioned roof bolts are used, the 
intervals at which test holes will be drilled.
    (11) A description of the method of protecting persons--
    (i) From falling material at drift openings; and
    (ii) When mining approaches within 150 feet of an outcrop.
    (b) Each drawing submitted with a roof control plan shall contain a 
legend explaining all symbols used and shall specify the scale of the 
drawing which shall not be less than 5 feet to the inch or more than 20 
feet to the inch.
    (c) All roof control plan information, including drawings, shall be 
submitted on 8\1/2\ by 11 inch paper, or paper folded to this size.

[53 FR 2375, Jan. 27, 1988, as amended at 60 FR 33723, June 29, 1995]



Sec. 75.222  Roof control plan-approval criteria.

    (a) This section sets forth the criteria that shall be considered on 
a mine-by-mine basis in the formulation and approval of roof control 
plans and revisions. Additional measures may be required in plans by the 
District Manager. Roof control plans that do not conform to the 
applicable criteria in this section may be approved by the District 
Manager, provided that effective control of the roof, face and ribs can 
be maintained.
    (b) Roof Bolting. (1) Roof bolts should be installed on centers not 
exceeding 5 feet lengthwise and crosswise, except as specified in Sec. 
75.205.
    (2) When tensioned roof bolts are used as a means of roof support, 
the torque or tension range should be capable of supporting roof bolt 
loads of at least 50 percent of either the yield point of the bolt or 
anchorage capacity of the strata, whichever is less.
    (3) Any opening that is more than 20 feet wide should be supported 
by a combination of roof bolts and conventional supports.
    (4) In any opening more than 20 feet wide--
    (i) Posts should be installed to limit each roadway to 16 feet wide 
where straight and 18 feet wide where curved; and
    (ii) A row of posts should be set for each 5 feet of space between 
the roadway posts and the ribs.
    (5) Openings should not be more than 30 feet wide.
    (c) Installation of roof support using mining machines with integral 
roof bolters. (1) Before an intersection or pillar split is started, 
roof bolts should be installed on at least 5-foot centers where the work 
is performed.
    (2) Where the roof is supported by only two roof bolts crosswise, 
openings should not be more than 16 feet wide.
    (d) Pillar recovery. (1) During development, any dimension of a 
pillar should be at least 20 feet.
    (2) Pillar splits and lifts should not be more than 20 feet wide.
    (3) Breaker posts should be installed on not more than 4-foot 
centers.
    (4) Roadside-radius (turn) posts, or equivalent support, should be 
installed on not more than 4-foot centers leading into each pillar split 
or lift.
    (5) Before full pillar recovery is started in areas where roof bolts 
are used as the only means of roof support and openings are more than 16 
feet wide, at least one row of posts should be installed to limit the 
roadway width to 16 feet. These posts should be--
    (i) Extended from the entrance to the split through the intersection 
outby the pillar in which the split or lift is being made; and
    (ii) Spaced on not more than 5-foot centers.
    (e) Unsupported openings at intersections. Openings that create an 
intersection should be permanently supported

[[Page 472]]

or at least one row of temporary supports should be installed on not 
more than 5-foot centers across the opening before any other work or 
travel in the intersection.
    (f) ATRS systems in working sections where the mining height is 
below 30 inches. In working sections where the mining height is below 30 
inches, an ATRS system should be used to the extent practicable during 
the installation of roof bolts with roof bolting machines and 
continuous-mining machines with integral roof bolters.
    (g) Longwall mining systems. (1) Systematic supplemental support 
should be installed throughout--
    (i) The tailgate entry of the first longwall panel prior to any 
mining; and
    (ii) In the proposed tailgate entry of each subsequent panel in 
advance of the frontal abutment stresses of the panel being mined.
    (2) When a ground failure prevents travel out of the section through 
the tailgate side of the longwall section, the roof control plan should 
address--
    (i) Notification of miners that the travelway is blocked;
    (ii) Re-instruction of miners regarding escapeways and escape 
procedures in the event of an emergency;
    (iii) Re-instruction of miners on the availability and use of self-
contained self-rescue devices;
    (iv) Monitoring and evaluation of the air entering the longwall 
section;
    (v) Location and effectiveness of the two-way communication systems; 
and
    (vi) A means of transportation from the section to the main line.
    (3) The plan provisions addressed by paragraph (g)(2) of this 
section should remain in effect until a travelway is reestablished on 
the tailgate side of a longwall section.



Sec. 75.223  Evaluation and revision of roof control plan.

    (a) Revisions of the roof control plan shall be proposed by the 
operator--
    (1) When conditions indicate that the plan is not suitable for 
controlling the roof, face, ribs, or coal or rock bursts; or
    (2) When accident and injury experience at the mine indicates the 
plan is inadequate. The accident and injury experience at each mine 
shall be reviewed at least every six months.
    (b) Each unplanned roof fall and rib fall and coal or rock burst 
that occurs in the active workings shall be plotted on a mine map if 
it--
    (1) Is above the anchorage zone where roof bolts are used;
    (2) Impairs ventilation;
    (3) Impedes passage of persons;
    (4) Causes miners to be withdrawn from the area affected; or
    (5) Disrupts regular mining activities for more than one hour.
    (c) The mine map on which roof falls are plotted shall be available 
at the mine site for inspection by authorized representatives of the 
Secretary and representatives of miners at the mine.
    (d) The roof control plan for each mine shall be reviewed every six 
months by an authorized representative of the Secretary. This review 
shall take into consideration any falls of the roof, face and ribs and 
the adequacy of the support systems used at the time.

[53 FR 2375, Jan. 27, 1988; 60 FR 33723, June 29, 1995]



                          Subpart D_Ventilation

    Source: 61 FR 9829, Mar. 11, 1996, unless otherwise noted.



Sec. 75.300  Scope.

    This subpart sets requirements for underground coal mine 
ventilation.



Sec. 75.301  Definitions.

    In addition to the applicable definitions in Sec. 75.2, the 
following definitions apply in this subpart.
    Air course. An entry or a set of entries separated from other 
entries by stoppings, overcasts, other ventilation control devices, or 
by solid blocks of coal or rock so that any mixing of air currents 
between each is limited to leakage.
    AMS operator. The person(s), designated by the mine operator, who is 
located on the surface of the mine and monitors the malfunction, alert, 
and alarm signals of the AMS and notifies appropriate personnel of these 
signals.
    Appropriate personnel. The person or persons designated by the 
operator to perform specific tasks in response to

[[Page 473]]

AMS signals. Appropriate personnel include the responsible person(s) 
required by Sec. 75.1501 when an emergency evacuation is necessary.
    Atmospheric Monitoring System (AMS). A network consisting of 
hardware and software meeting the requirements of Sec. Sec. 75.351 and 
75.1103-2 and capable of: measuring atmospheric parameters; transmitting 
the measurements to a designated surface location; providing alert and 
alarm signals; processing and cataloging atmospheric data; and, 
providing reports. Early-warning fire detection systems using newer 
technology that provides equal or greater protection, as determined by 
the Secretary, will be considered atmospheric monitoring systems for the 
purposes of this subpart.
    Belt air course. The entry in which a belt is located and any 
adjacent entry(ies) not separated from the belt entry by permanent 
ventilation controls, including any entries in series with the belt 
entry, terminating at a return regulator, a section loading point, or 
the surface.
    Carbon monoxide ambient level. The average concentration in parts 
per million (ppm) of carbon monoxide detected in an air course 
containing carbon monoxide sensors. This average concentration is 
representative of the composition of the mine atmosphere over a period 
of mining activity during non-fire conditions. Separate ambient levels 
may be established for different areas of the mine.
    Incombustible. Incapable of being burned.
    Intake air. Air that has not yet ventilated the last working place 
on any split of any working section, or any worked-out area, whether 
pillared or nonpillared.
    Intrinsically safe. Incapable of releasing enough electrical or 
thermal energy under normal or abnormal conditions to cause ignition of 
a flammable mixture of methane or natural gas and air of the most easily 
ignitable composition.
    Noncombustible structure or area. Describes a structure or area that 
will continue to provide protection against flame spread for at least 1 
hour when subjected to a fire test incorporating an ASTM E119-88 time/
temperature heat input, or equivalent. The publication ASTM E119-88, 
``Standard Test Methods for Fire Tests of Building Construction and 
Materials'' is incorporated by reference and may be inspected at any 
Coal Mine Health and Safety District and Subdistrict Office, or at 
MSHA's Office of Standards, 1100 Wilson Blvd., Room 2352, Arlington, 
Virginia 22209-3939, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.In 
addition, copies of the document can be purchased from the American 
Society for Testing Materials (ASTM), 1916 Race Street, Philadelphia, 
Pennsylvania 19103. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51.
    Noncombustible material. Describes a material which when used to 
construct a ventilation control results in a control that will continue 
to serve its intended function for 1 hour when subjected to a fire test 
incorporating an ASTM E119-88 time/temperature heat input, or 
equivalent. The publication ASTM E119-88, ``Standard Test Methods for 
Fire Tests of Building Construction and Materials'' is incorporated by 
reference and may be inspected at any Coal Mine Health and Safety 
District and Subdistrict Office, or at MSHA's Office of Standards, 1100 
Wilson Blvd., Room 2352, Arlington, Virginia 22209-3939, or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.In addition, copies of the document can 
be purchased from the American Society for Testing Materials (ASTM), 
1916 Race Street, Philadelphia, Pennsylvania 19103. This incorporation 
by reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    Point feeding. The process of providing additional intake air to the 
belt

[[Page 474]]

air course from another intake air course through a regulator.
    Return air. Air that has ventilated the last working place on any 
split of any working section or any worked-out area whether pillared or 
nonpillared. If air mixes with air that has ventilated the last working 
place on any split of any working section or any worked-out area, 
whether pillared or nonpillared, it is considered return air. For the 
purposes of Sec. 75.507-1, air that has been used to ventilate any 
working place in a coal producing section or pillared area, or air that 
has been used to ventilate any working face if such air is directed away 
from the immediate return is return air. Notwithstanding the definition 
of intake air, for the purpose of ventilation of structures, areas or 
installations that are required by this subpart D to be ventilated to 
return air courses, and for ventilation of seals, other air courses may 
be designated as return air courses by the operator only when the air in 
these air courses will not be used to ventilate working places or other 
locations, structures, installations or areas required to be ventilated 
with intake air.
    Worked-out area. An area where mining has been completed, whether 
pillared or nonpillared, excluding developing entries, return air 
courses, and intake air courses.

[61 FR 9829, Mar. 11, 1996; 61 FR 29288, June 10, 1996, as amended at 67 
FR 38386, June 4, 2002; 69 FR 17526, Apr. 2, 2004]



Sec. 75.302  Main mine fans.

    Each coal mine shall be ventilated by one or more main mine fans. 
Booster fans shall not be installed underground to assist main mine fans 
except in anthracite mines. In anthracite mines, booster fans installed 
in the main air current or a split of the main air current may be used 
provided their use is approved in the ventilation plan.



Sec. 75.310  Installation of main mine fans.

    (a) Each main mine fan shall be--
    (1) Installed on the surface in an incombustible housing;
    (2) Connected to the mine opening with incombustible air ducts;
    (3) Equipped with an automatic device that gives a signal at the 
mine when the fan either slows or stops. A responsible person designated 
by the operator shall always be at a surface location at the mine where 
the signal can be seen or heard while anyone is underground. This person 
shall be provided with two-way communication with the working sections 
and work stations where persons are routinely assigned to work for the 
majority of a shift;
    (4) Equipped with a pressure recording device or system. Mines 
permitted to shut down main mine fans under Sec. 75.311 and which do 
not have a pressure recording device installed on main mine fans shall 
have until June 10, 1997 to install a pressure recording device or 
system on all main mine fans. If a device or system other than a 
circular pressure recorder is used to monitor main mine fan pressure, 
the monitoring device or system shall provide a continuous graph or 
continuous chart of the pressure as a function of time. At not more than 
7-day intervals, a hard copy of the continuous graph or chart shall be 
generated or the record of the fan pressure shall be stored 
electronically. When records of fan pressure are stored electronically, 
the system used to store these records shall be secure and not 
susceptible to alteration and shall be capable of storing the required 
data. Records of the fan pressure shall be retained at a surface 
location at the mine for at least 1 year and be made available for 
inspection by authorized representatives of the Secretary and the 
representative of miners;
    (5) Protected by one or more weak walls or explosion doors, or a 
combination of weak walls and explosion doors, located in direct line 
with possible explosive forces;
    (6) Except as provided under paragraph (e) of this section, offset 
by at least 15 feet from the nearest side of the mine opening unless an 
alternative method of protecting the fan and its associated components 
is approved in the ventilation plan.
    (b)(1) If an electric motor is used to drive a main mine fan, the 
motor shall operate from a power circuit independent of all mine power 
circuits.
    (2) If an internal combustion engine is used to drive a main mine 
fan--

[[Page 475]]

    (i) The fuel supply shall be protected against fires and explosions;
    (ii) The engine shall be installed in an incombustible housing and 
be equipped with a remote shut-down device;
    (iii) The engine and the engine exhaust system shall be located out 
of direct line of the air current exhausting from the mine; and
    (iv) The engine exhaust shall be vented to the atmosphere so that 
the exhaust gases do not contaminate the mine intake air current or any 
enclosure.
    (c) If a main mine fan monitoring system is used under Sec. 75.312, 
the system shall--
    (1) Record, as described in paragraph (a)(4) the mine ventilating 
pressure;
    (2) Monitor bearing temperature, revolutions per minute, vibration, 
electric voltage, and amperage;
    (3) Provide a printout of the monitored parameters, including the 
mine ventilating pressure within a reasonable period, not to exceed the 
end of the next scheduled shift during which miners are underground; and
    (4) Be equipped with an automatic device that signals when--
    (i) An electrical or mechanical deficiency exists in the monitoring 
system; or
    (ii) A sudden increase or loss in mine ventilating pressure occurs.
    (5) Provide monitoring, records, printouts, and signals required by 
paragraphs (c)(1) through (c)(4) at a surface location at the mine where 
a responsible person designated by the operator is always on duty and 
where signals from the monitoring system can be seen or heard while 
anyone is underground. This person shall be provided with two-way 
communication with the working sections and work stations where persons 
are routinely assigned to work for the majority of a shift.
    (d) Weak walls and explosion doors shall have cross-sectional areas 
at least equal to that of the entry through which the pressure from an 
explosion underground would be relieved. A weak wall and explosion door 
combination shall have a total cross-sectional area at least equal to 
that of the entry through which the pressure from an explosion 
underground would be relieved.
    (e) If a mine fan is installed in line with an entry, a slope, or a 
shaft--
    (1) The cross-sectional area of the pressure relief entry shall be 
at least equal to that of the fan entry;
    (2) The fan entry shall be developed out of direct line with 
possible explosive forces;
    (3) The coal or other solid material between the pressure relief 
entry and the fan entry shall be at least 2,500 square feet; and
    (4) The surface opening of the pressure relief entry shall be not 
less than 15 feet nor more than 100 feet from the surface opening of the 
fan entry and from the underground intersection of the fan entry and 
pressure relief entry.
    (f) In mines ventilated by multiple main mine fans, incombustible 
doors shall be installed so that if any main mine fan stops and air 
reversals through the fan are possible, the doors on the affected fan 
automatically close.

[61 FR 9829, Mar. 11, 1996, as amended at 61 FR 20877, May 8, 1996]



Sec. 75.311  Main mine fan operation.

    (a) Main mine fans shall be continuously operated, except as 
otherwise approved in the ventilation plan, or when intentionally 
stopped for testing of automatic closing doors and automatic fan signal 
devices, maintenance or adjustment of the fan, or to perform maintenance 
or repair work underground that cannot otherwise be made while the fan 
is operating.
    (b) Except as provided in paragraph (c) of this section, when a main 
mine fan is intentionally stopped and the ventilating quantity provided 
by the fan is not maintained by a back-up fan system--
    (1) Only persons necessary to evaluate the effect of the fan 
stoppage or restart, or to perform maintenance or repair work that 
cannot otherwise be made while the fan is operating, shall be permitted 
underground;
    (2) Mechanized equipment shall be shut off before stopping the fan; 
and
    (3) Electric power circuits entering underground areas of the mine 
shall be deenergized.
    (c) When a back-up fan system is used that does not provide the 
ventilating quantity provided by the main

[[Page 476]]

mine fan, persons may be permitted in the mine and electric power 
circuits may be energized as specified in the approved ventilation plan.
    (d) If an unusual variance in the mine ventilation pressure is 
observed, or if an electrical or mechanical deficiency of a main mine 
fan is detected, the mine foreman or equivalent mine official, or in the 
absence of the mine foreman or equivalent mine official, a designated 
certified person acting for the mine foreman or equivalent mine official 
shall be notified immediately, and appropriate action or repairs shall 
be instituted promptly.
    (e) While persons are underground, a responsible person designated 
by the operator shall always be at a surface location where each main 
mine fan signal can be seen or heard.
    (f) The area within 100 feet of main mine fans and intake air 
openings shall be kept free of combustible material, unless alternative 
precautions necessary to provide protection from fire or other products 
of combustion are approved in the ventilation plan.
    (g) If multiple mine fans are used, the mine ventilation system 
shall be designed and maintained to eliminate areas without air 
movement.
    (h) Any atmospheric monitoring system operated during fan stoppages 
shall be intrinsically safe.



Sec. 75.312  Main mine fan examinations and records.

    (a) To assure electrical and mechanical reliability of main mine 
fans, each main mine fan and its associated components, including 
devices for measuring or recording mine ventilation pressure, shall be 
examined for proper operation by a trained person designated by the 
operator. Examinations of main mine fans shall be made at least once 
each day that the fan operates, unless a fan monitoring system is used. 
No examination is required on any day when no one, including certified 
persons, goes underground, except that an examination shall be completed 
prior to anyone entering the mine.
    (b)(1) If a main mine fan monitoring system is used, a trained 
person designated by the operator shall--
    (i) At least once each day review the data provided by the fan 
monitoring system to assure that the fan and the fan monitoring system 
are operating properly. No review is required on any day when no one, 
including certified persons, goes underground, except that a review of 
the data shall be performed prior to anyone entering the underground 
portion of the mine. Data reviewed should include the fan pressure, 
bearing temperature, revolutions per minute, vibration, electric 
voltage, and amperage; and
    (ii) At least every 7 days--
    (A) Test the monitoring system for proper operation; and
    (B) Examine each main mine fan and its associated components to 
assure electrical and mechanical reliability of main mine fans.
    (2) If the monitoring system malfunctions, the malfunction shall be 
corrected, or paragraph (a) of this section shall apply.
    (c) At least every 31 days, the automatic fan signal device for each 
main mine fan shall be tested by stopping the fan. Only persons 
necessary to evaluate the effect of the fan stoppage or restart, or to 
perform maintenance or repair work that cannot otherwise be made while 
the fan is operating, shall be permitted underground. Notwithstanding 
the requirement of Sec. 75.311(b)(3), underground power may remain 
energized during this test provided no one, including persons identified 
in Sec. 75.311(b)(1), is underground. If the fan is not restarted 
within 15 minutes, underground power shall be deenergized and no one 
shall enter any underground area of the mine until the fan is restarted 
and an examination of the mine is conducted as described in Sec. 75.360 
(b) through (e) and the mine has been determined to be safe.
    (d) At least every 31 days, the automatic closing doors in multiple 
main mine fan systems shall be tested by stopping the fan. Only persons 
necessary to evaluate the effect of the fan stoppage or restart, or to 
perform maintenance or repair work that cannot otherwise be made while 
the fan is operating, shall be permitted underground. Notwithstanding 
the provisions of Sec. 75.311, underground power may remain energized 
during this test

[[Page 477]]

provided no one, including persons identified in Sec. 75.311(b)(1), is 
underground. If the fan is not restarted within 15 minutes, underground 
power shall be deenergized and no one shall enter any underground area 
of the mine, until the fan is restarted and an examination of the mine 
is conducted as described in Sec. 75.360 (b) through (e) and the mine 
has been determined to be safe.
    (e) Circular main mine fan pressure recording charts shall be 
changed before the beginning of a second revolution.
    (f)(1) Certification. Persons making main mine fan examinations 
shall certify by initials and date at the fan or another location 
specified by the operator that the examinations were made. Each 
certification shall identify the main mine fan examined.
    (2) Persons reviewing data produced by a main mine fan monitoring 
system shall certify by initials and date on a printed copy of the data 
from the system that the review was completed. In lieu of certification 
on a copy of the data, the person reviewing the data may certify 
electronically that the review was completed. Electronic certification 
shall be by handwritten initials and date in a computer system so as to 
be secure and not susceptible to alteration.
    (g)(1) Recordkeeping. By the end of the shift on which the 
examination is made, persons making main mine fan examinations shall 
record all uncorrected defects that may affect the operation of the fan 
that are not corrected by the end of that shift. Records shall be 
maintained in a secure book that is not susceptible to alteration or 
electronically in a computer system so as to be secure and not 
susceptible to alteration.
    (2) When a fan monitoring system is used in lieu of the daily fan 
examination--
    (i) The certified copies of data produced by fan monitoring systems 
shall be maintained separate from other computer-generated reports or 
data; and
    (ii) A record shall be made of any fan monitoring system 
malfunctions, electrical or mechanical deficiencies in the monitoring 
system and any sudden increase or loss in mine ventilating pressure. The 
record shall be made by the end of the shift on which the review of the 
data is completed and shall be maintained in a secure book that is not 
susceptible to alteration or electronically in a computer system so as 
to be secure and not susceptible to alteration.
    (3) By the end of the shift on which the monthly test of the 
automatic fan signal device or the automatic closing doors is completed, 
persons making these tests shall record the results of the tests. 
Records shall be maintained in a secure book that is not susceptible to 
alteration or electronically in a computer system so as to be secure and 
not susceptible to alteration.
    (h) Retention period. Records, including records of mine fan 
pressure and the certified copies of data produced by fan monitoring 
systems, shall be retained at a surface location at the mine for at 
least 1 year and shall be made available for inspection by authorized 
representatives of the Secretary and the representative of miners.



Sec. 75.313  Main mine fan stoppage with persons underground.

    (a) If a main mine fan stops while anyone is underground and the 
ventilating quantity provided by the fan is not maintained by a back-up 
fan system--
    (1) Electrically powered equipment in each working section shall be 
deenergized;
    (2) Other mechanized equipment in each working section shall be shut 
off; and
    (3) Everyone shall be withdrawn from the working sections and areas 
where mechanized mining equipment is being installed or removed.
    (b) If ventilation is restored within 15 minutes after a main mine 
fan stops, certified persons shall examine for methane in the working 
places and in other areas where methane is likely to accumulate before 
work is resumed and before equipment is energized or restarted in these 
areas.
    (c) If ventilation is not restored within 15 minutes after a main 
mine fan stops--

[[Page 478]]

    (1) Everyone shall be withdrawn from the mine;
    (2) Underground electric power circuits shall be deenergized. 
However, circuits necessary to withdraw persons from the mine need not 
be deenergized if located in areas or haulageways where methane is not 
likely to migrate to or accumulate. These circuits shall be deenergized 
as persons are withdrawn; and
    (3) Mechanized equipment not located on working sections shall be 
shut off. However, mechanized equipment necessary to withdraw persons 
from the mine need not be shut off if located in areas where methane is 
not likely to migrate to or accumulate.
    (d)(1) When ventilation is restored--
    (i) No one other than designated certified examiners shall enter any 
underground area of the mine until an examination is conducted as 
described in Sec. 75.360(b) through (e) and the area has been 
determined to be safe. Designated certified examiners shall enter the 
underground area of the mine from which miners have been withdrawn only 
after the fan has operated for at least 15 minutes unless a longer 
period of time is specified in the approved ventilation plan.
    (ii) Underground power circuits shall not be energized and 
nonpermissible mechanized equipment shall not be started or operated in 
an area until an examination is conducted as described in Sec. 
75.360(b) through (e) and the area has been determined to be safe, 
except that designated certified examiners may use nonpermissible 
transportation equipment in intake airways to facilitate the making of 
the required examination.
    (2) If ventilation is restored to the mine before miners reach the 
surface, the miners may return to underground working areas only after 
an examination of the areas is made by a certified person and the areas 
are determined to be safe.
    (e) Any atmospheric monitoring system operated during fan stoppages 
shall be intrinsically safe.



Sec. 75.320  Air quality detectors and measurement devices.

    (a) Tests for methane shall be made by a qualified person with MSHA 
approved detectors that are maintained in permissible and proper 
operating condition and calibrated with a known methane-air mixture at 
least once every 31 days.
    (b) Tests for oxygen deficiency shall be made by a qualified person 
with MSHA approved oxygen detectors that are maintained in permissible 
and proper operating condition and that can detect 19.5 percent oxygen 
with an accuracy of 0.5 percent. The oxygen 
detectors shall be calibrated at the start of each shift that the 
detectors will be used.
    (c) Handheld devices that contain electrical components and that are 
used for measuring air velocity, carbon monoxide, oxides of nitrogen, 
and other gases shall be approved and maintained in permissible and 
proper operating condition.
    (d) An oxygen detector approved by MSHA shall be used to make tests 
for oxygen deficiency required by the regulations in this part. 
Permissible flame safety lamps may only be used as a supplementary 
testing device.
    (e) Maintenance of instruments required by paragraphs (a) through 
(d) of this section shall be done by persons trained in such 
maintenance.



Sec. 75.321  Air quality.

    (a)(1) The air in areas where persons work or travel, except as 
specified in paragraph (a)(2) of this section, shall contain at least 
19.5 percent oxygen and not more than 0.5 percent carbon dioxide, and 
the volume and velocity of the air current in these areas shall be 
sufficient to dilute, render harmless, and carry away flammable, 
explosive, noxious, and harmful gases, dusts, smoke, and fumes.
    (2) The air in areas of bleeder entries and worked-out areas where 
persons work or travel shall contain at least 19.5 percent oxygen, and 
carbon dioxide levels shall not exceed 0.5 percent time weighted average 
and 3.0 percent short term exposure limit.
    (b) Notwithstanding the provisions of Sec. 75.322, for the purpose 
of preventing explosions from gases other than methane, the following 
gases shall not be permitted to accumulate in excess of the 
concentrations listed below:

[[Page 479]]

    (1) Carbon monoxide (CO)--2.5 percent
    (2) Hydrogen (H2)--.80 percent
    (3) Hydrogen sulfide (H2 S)--.80 percent
    (4) Acetylene (C2 H2)--.40 percent
    (5) Propane (C3 H8)--.40 percent
    (6) MAPP (methyl-acetylene-propylene-propodiene)--.30 percent



Sec. 75.322  Harmful quantities of noxious gases.

    Concentrations of noxious or poisonous gases, other than carbon 
dioxide, shall not exceed the threshold limit values (TLV) as specified 
and applied by the American Conference of Governmental Industrial 
Hygienists in ``Threshold Limit Values for Substance in Workroom Air'' 
(1972). Detectors or laboratory analysis of mine air samples shall be 
used to determine the concentrations of harmful, noxious, or poisonous 
gases. This incorporation by reference has been approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies are available from the Mine Safety and Health 
Administration, Department of Labor, 1100 Wilson Blvd., Room 2424, 
Arlington, Virginia 22209-3939 and at every Coal Mine Health and Safety 
District and Subdistrict Office. The material is available for 
examination at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.

[61 FR 26442, May 28, 1996, as amended at 67 FR 38386, June 4, 2002]



Sec. 75.323  Actions for excessive methane.

    (a) Location of tests. Tests for methane concentrations under this 
section shall be made at least 12 inches from the roof, face, ribs, and 
floor.
    (b) Working places and intake air courses. (1) When 1.0 percent or 
more methane is present in a working place or an intake air course, 
including an air course in which a belt conveyor is located, or in an 
area where mechanized mining equipment is being installed or removed--
    (i) Except intrinsically safe atmospheric monitoring systems (AMS), 
electrically powered equipment in the affected area shall be 
deenergized, and other mechanized equipment shall be shut off;
    (ii) Changes or adjustments shall be made at once to the ventilation 
system to reduce the concentration of methane to less than 1.0 percent; 
and
    (iii) No other work shall be permitted in the affected area until 
the methane concentration is less than 1.0 percent.
    (2) When 1.5 percent or more methane is present in a working place 
or an intake air course, including an air course in which a belt 
conveyor is located, or in an area where mechanized mining equipment is 
being installed or removed--
    (i) Everyone except those persons referred to in Sec. 104(c) of the 
Act shall be withdrawn from the affected area; and
    (ii) Except for intrinsically safe AMS, electrically powered 
equipment in the affected area shall be disconnected at the power 
source.
    (c) Return air split. (1) When 1.0 percent or more methane is 
present in a return air split between the last working place on a 
working section and where that split of air meets another split of air, 
or the location at which the split is used to ventilate seals or worked-
out areas changes or adjustments shall be made at once to the 
ventilation system to reduce the concentration of methane in the return 
air to less than 1.0 percent.
    (2) When 1.5 percent or more methane is present in a return air 
split between the last working place on a working section and where that 
split of air meets another split of air, or the location where the split 
is used to ventilate seals or worked-out areas--
    (i) Everyone except those persons referred to in Sec. 104(c) of the 
Act shall be withdrawn from the affected area;
    (ii) Other than intrinsically safe AMS, equipment in the affected 
area shall be deenergized, electric power shall be disconnected at the 
power source, and other mechanized equipment shall be shut off; and
    (iii) No other work shall be permitted in the affected area until 
the methane concentration in the return air is less than 1.0 percent.

[[Page 480]]

    (d) Return air split alternative. (1) The provisions of this 
paragraph apply if--
    (i) The quantity of air in the split ventilating the active workings 
is at least 27,000 cubic feet per minute in the last open crosscut or 
the quantity specified in the approved ventilation plan, whichever is 
greater;
    (ii) The methane content of the air in the split is continuously 
monitored during mining operations by an AMS that gives a visual and 
audible signal on the working section when the methane in the return air 
reaches 1.5 percent, and the methane content is monitored as specified 
in Sec. 75.351; and
    (iii) Rock dust is continuously applied with a mechanical duster to 
the return air course during coal production at a location in the air 
course immediately outby the most inby monitoring point.
    (2) When 1.5 percent or more methane is present in a return air 
split between a point in the return opposite the section loading point 
and where that split of air meets another split of air or where the 
split of air is used to ventilate seals or worked-out areas--
    (i) Changes or adjustments shall be made at once to the ventilation 
system to reduce the concentration of methane in the return air below 
1.5 percent;
    (ii) Everyone except those persons referred to in Sec. 104(c) of 
the Act shall be withdrawn from the affected area;
    (iii) Except for intrinsically safe AMS, equipment in the affected 
area shall be deenergized, electric power shall be disconnected at the 
power source, and other mechanized equipment shall be shut off; and
    (iv) No other work shall be permitted in the affected area until the 
methane concentration in the return air is less than 1.5 percent.
    (e) Bleeders and other return air courses. The concentration of 
methane in a bleeder split of air immediately before the air in the 
split joins another split of air, or in a return air course other than 
as described in paragraphs (c) and (d) of this section, shall not exceed 
2.0 percent.



Sec. 75.324  Intentional changes in the ventilation system.

    (a) A person designated by the operator shall supervise any 
intentional change in ventilation that--
    (1) Alters the main air current or any split of the main air current 
in a manner that could materially affect the safety or health of persons 
in the mine; or
    (2) Affects section ventilation by 9,000 cubic feet per minute of 
air or more in bituminous or lignite mines, or 5,000 cubic feet per 
minute of air or more in anthracite mines.
    (b) Intentional changes shall be made only under the following 
conditions:
    (1) Electric power shall be removed from areas affected by the 
ventilation change and mechanized equipment in those areas shall be shut 
off before the ventilation change begins.
    (2) Only persons making the change in ventilation shall be in the 
mine.
    (3) Electric power shall not be restored to the areas affected by 
the ventilation change and mechanized equipment shall not be restarted 
until a certified person has examined these areas for methane 
accumulation and for oxygen deficiency and has determined that the areas 
are safe.



Sec. 75.325  Air quantity.

    (a)(1) In bituminous and lignite mines the quantity of air shall be 
at least 3,000 cubic feet per minute reaching each working face where 
coal is being cut, mined, drilled for blasting, or loaded. When a 
greater quantity is necessary to dilute, render harmless, and carry away 
flammable, explosive, noxious, and harmful gases, dusts, smoke, and 
fumes, this quantity shall be specified in the approved ventilation 
plan. A minimum air quantity may be required to be specified in the 
approved ventilation plan for other working places or working faces.
    (2) The quantity of air reaching the working face shall be 
determined at or near the face end of the line curtain, ventilation 
tubing, or other ventilation control device. If the curtain, tubing, or 
device extends beyond the last row of permanent roof supports, the 
quantity of air reaching the working face

[[Page 481]]

shall be determined behind the line curtain or in the ventilation tubing 
at or near the last row of permanent supports.
    (3) If machine mounted dust collectors or diffuser fans are used, 
the approved ventilation plan shall specify the operating volume of the 
dust collector or diffuser fan.
    (b) In bituminous and lignite mines, the quantity of air reaching 
the last open crosscut of each set of entries or rooms on each working 
section and the quantity of air reaching the intake end of a pillar line 
shall be at least 9,000 cubic feet per minute unless a greater quantity 
is required to be specified in the approved ventilation plan. This 
minimum also applies to sections which are not operating but are capable 
of producing coal by simply energizing the equipment on the section.
    (c) In longwall and shortwall mining systems--
    (1) The quantity of air shall be at least 30,000 cubic feet per 
minute reaching the working face of each longwall, unless the operator 
demonstrates that a lesser air quantity will maintain continual 
compliance with applicable methane and respirable dust standards. This 
lesser quantity shall be specified in the approved ventilation plan. A 
quantity greater than 30,000 cubic feet per minute may be required to be 
specified in the approved ventilation plan.
    (2) The velocity of air that will be provided to control methane and 
respirable dust in accordance with applicable standards on each longwall 
or shortwall and the locations where these velocities will be provided 
shall be specified in the approved ventilation plan. The locations 
specified shall be at least 50 feet but no more than 100 feet from the 
headgate and tailgate, respectively.
    (d) Ventilation shall be maintained during installation and removal 
of mechanized mining equipment. The approved ventilation plan shall 
specify the minimum quantity of air, the locations where this quantity 
will be provided and the ventilation controls required.
    (e) In anthracite mines, the quantity of air shall be as follows:
    (1) At least 1,500 cubic feet per minute reaching each working face 
where coal is being mined, unless a greater quantity is required to be 
specified in the approved ventilation plan.
    (2) At least 5,000 cubic feet per minute passing through the last 
open crosscut in each set of entries or rooms and at the intake end of 
any pillar line, unless a greater quantity is required to be specified 
in the approved ventilation plan.
    (3) When robbing areas where air currents cannot be controlled and 
air measurements cannot be obtained, the air shall have perceptible 
movement.
    (f) The minimum ventilating air quantity for an individual unit of 
diesel-powered equipment being operated shall be at least that specified 
on the approval plate for that equipment. Such air quantity shall be 
maintained--
    (1) In any working place where the equipment is being operated;
    (2) At the section loading point during any shift the equipment is 
being operated on the working section;
    (3) In any entry where the equipment is being operated outby the 
section loading point in areas of the mine developed on or after April 
25, 1997;
    (4) In any air course with single or multiple entries where the 
equipment is being operated outby the section loading point in areas of 
the mine developed prior to April 25, 1997; and
    (5) At any other location required by the district manager and 
specified in the approved ventilation plan.
    (g) The minimum ventilating air quantity where multiple units of 
diesel-powered equipment are operated on working sections and in areas 
where mechanized mining equipment is being installed or removed must be 
at least the sum of that specified on the approval plates of all the 
diesel-powered equipment on the working section or in the area where 
mechanized mining equipment is being installed or removed. The minimum 
ventilating air quantity shall be specified in the approved ventilation 
plan. For working sections such air quantity must be maintained--
    (1) In the last open crosscut of each set of entries or rooms in 
each working section;
    (2) In the intake, reaching the working face of each longwall; and

[[Page 482]]

    (3) At the intake end of any pillar line.
    (h) The following equipment may be excluded from the calculations of 
ventilating air quantity under paragraph (g) if such equipment exclusion 
is approved by the district manager and specified in the ventilation 
plan:
    (1) Self-propelled equipment meeting the requirements of Sec. 
75.1908(b);
    (2) Equipment that discharges its exhaust into intake air that is 
coursed directly to a return air course;
    (3) Equipment that discharges its exhaust directly into a return air 
course; and
    (4) Other equipment having duty cycles such that the emissions would 
not significantly affect the exposure of miners.
    (i) A ventilating air quantity that is less than what is required by 
paragraph (g) of this section may be approved by the district manager in 
the ventilation plan based upon the results of sampling that demonstrate 
that the lesser air quantity will maintain continuous compliance with 
applicable TLV[reg]'s.
    (j) If during sampling required by Sec. 70.1900(c) of this 
subchapter the ventilating air is found to contain concentrations of CO 
or NO2 in excess of the action level specified by Sec. 
70.1900(c), higher action levels may be approved by the district manager 
based on the results of sampling that demonstrate that a higher action 
level will maintain continuous compliance with applicable TLV[reg]'s. 
Action levels other than those specified in Sec. 70.1900(c) shall be 
specified in the approved ventilation plan.
    (k) As of November 25, 1997 the ventilating air quantity required 
where diesel-powered equipment is operated shall meet the requirements 
of paragraphs (f) through (j) of this section. Mine operators utilizing 
diesel-powered equipment in underground coal mines shall submit to the 
appropriate MSHA district manager a revised ventilation plan or 
appropriate amendments to the existing plan, in accordance with Sec. 
75.371, which implement the requirements of paragraphs (f) through (j) 
of this section.

[61 FR 9828, Mar. 11, 1996; 61 FR 26442, May 28, 1996; 61 FR 29288, June 
10, 1996, as amended at 61 FR 55526, Oct. 25, 1996; 62 FR 34641, June 
27, 1997]



Sec. 75.326  Mean entry air velocity.

    In exhausting face ventilation systems, the mean entry air velocity 
shall be at least 60 feet per minute reaching each working face where 
coal is being cut, mined, drilled for blasting, or loaded, and to any 
other working places as required in the approved ventilation plan. A 
lower mean entry air velocity may be approved in the ventilation plan if 
the lower velocity will maintain methane and respirable dust 
concentrations in accordance with the applicable levels. Mean entry air 
velocity shall be determined at or near the inby end of the line 
curtain, ventilation tubing, or other face ventilation control devices.

[61 FR 9828, Mar. 11, 1996; 61 FR 29288, June 10, 1996]



Sec. 75.327  Air courses and trolley haulage systems.

    (a) In any mine opened on or after March 30, 1970, or in any new 
working section of a mine opened before that date, where trolley haulage 
systems are maintained and where trolley wires or trolley feeder wires 
are installed, an authorized representative of the Secretary shall 
require enough entries or rooms as intake air courses to limit the 
velocity of air currents in the haulageways to minimize the hazards of 
fires and dust explosions in the haulageways.
    (b) Unless the district manager approves a higher velocity, the 
velocity of the air current in the trolley haulage entries shall be 
limited to not more than 250 feet per minute. A higher air velocity may 
be required to limit the methane content in these haulage entries or 
elsewhere in the mine to less than 1.0 percent and provide an adequate 
supply of oxygen.

[[Page 483]]



Sec. 75.330  Face ventilation control devices.

    (a) Brattice cloth, ventilation tubing and other face ventilation 
control devices shall be made of flame-resistant material approved by 
MSHA.
    (b)(1) Ventilation control devices shall be used to provide 
ventilation to dilute, render harmless, and to carry away flammable, 
explosive, noxious, and harmful gases, dusts, smoke, and fumes--
    (i) To each working face from which coal is being cut, mined, 
drilled for blasting, or loaded; and
    (ii) To any other working places as required by the approved 
ventilation plan.
    (2) These devices shall be installed at a distance no greater than 
10 feet from the area of deepest penetration to which any portion of the 
face has been advanced unless an alternative distance is specified and 
approved in the ventilation plan. Alternative distances specified shall 
be capable of maintaining concentrations of respirable dust, methane, 
and other harmful gases, in accordance with the levels specified in the 
applicable sections of this chapter.
    (c) When the line brattice or any other face ventilation control 
device is damaged to an extent that ventilation of the working face is 
inadequate, production activities in the working place shall cease until 
necessary repairs are made and adequate ventilation is restored.

[61 FR 9828, Mar. 11, 1996; 61 FR 29288, June 10, 1996]



Sec. 75.331  Auxiliary fans and tubing.

    (a) When auxiliary fans and tubing are used for face ventilation, 
each auxiliary fan shall be--
    (1) Permissible, if the fan is electrically operated;
    (2) Maintained in proper operating condition;
    (3) Deenergized or shut off when no one is present on the working 
section; and
    (4) Located and operated to avoid recirculation of air.
    (b) If a deficiency exists in any auxiliary fan system, the 
deficiency shall be corrected or the auxiliary fan shall be deenergized 
immediately.
    (c) If the air passing through an auxiliary fan or tubing contains 
1.0 percent or more methane, power to electrical equipment in the 
working place and to the auxiliary fan shall be deenergized, and other 
mechanized equipment in the working place shall be shut off until the 
methane concentration is reduced to less than 1.0 percent.
    (d) When an auxiliary fan is stopped--
    (1) Line brattice or other face ventilation control devices shall be 
used to maintain ventilation to affected faces; and
    (2) Electrical equipment in the affected working places shall be 
disconnected at the power source, and other mechanized equipment shall 
be shut off until ventilation to the working place is restored.



Sec. 75.332  Working sections and working places.

    (a)(1) Each working section and each area where mechanized mining 
equipment is being installed or removed, shall be ventilated by a 
separate split of intake air directed by overcasts, undercasts or other 
permanent ventilation controls.
    (2) When two or more sets of mining equipment are simultaneously 
engaged in cutting, mining, or loading coal or rock from working places 
within the same working section, each set of mining equipment shall be 
on a separate split of intake air.
    (3) For purposes of this section, a set of mining equipment includes 
a single loading machine, a single continuous mining machine, or a 
single longwall or shortwall mining machine.
    (b)(1) Air that has passed through any area that is not examined 
under Sec. Sec. 75.360, 75.361 or 75.364 of this subpart, or through an 
area where second mining has been done shall not be used to ventilate 
any working place. Second mining is intentional retreat mining where 
pillars have been wholly or partially removed, regardless of the amount 
of recovery obtained.
    (2) Air that has passed by any opening of any unsealed area that is 
not examined under Sec. Sec. 75.360, 75.361 or 75.364 of this subpart, 
shall not be used to ventilate any working place.

[[Page 484]]



Sec. 75.333  Ventilation controls.

    (a) For purposes of this section, ``doors'' include any door frames.
    (b) Permanent stoppings or other permanent ventilation control 
devices constructed after November 15, 1992, shall be built and 
maintained--
    (1) Between intake and return air courses, except temporary controls 
may be used in rooms that are 600 feet or less from the centerline of 
the entry from which the room was developed including where continuous 
face haulage systems are used in such rooms. Unless otherwise approved 
in the ventilation plan, these stoppings or controls shall be maintained 
to and including the third connecting crosscut outby the working face;
    (2) To separate belt conveyor haulageways from return air courses, 
except where belt entries in areas of mines developed before March 30, 
1970, are used as return air courses;
    (3) To separate belt conveyor haulageways from intake air courses 
when the air in the intake air courses is used to provide air to active 
working places. Temporary ventilation controls may be used in rooms that 
are 600 feet or less from the centerline of the entry from which the 
rooms were developed including where continuous face haulage systems are 
used in such rooms. When continuous face haulage systems are used, 
permanent stoppings or other permanent ventilation control devices shall 
be built and maintained to the outby most point of travel of the dolly 
or 600 feet from the point of deepest penetration in the conveyor belt 
entry, whichever distance is closer to the point of deepest penetration, 
to separate the continuous haulage entry from the intake entries;
    (4) To separate the primary escapeway from belt and trolley haulage 
entries, as required by Sec. 75.380(g). For the purposes of Sec. 
75.380(g), the loading point for a continuous haulage system shall be 
the outby most point of travel of the dolly or 600 feet from the point 
of deepest penetration, whichever distance is less; and
    (5) In return air courses to direct air into adjacent worked-out 
areas.
    (c) Personnel doors shall be constructed of noncombustible material 
and shall be of sufficient strength to serve their intended purpose of 
maintaining separation and permitting travel between air courses, and 
shall be installed as follows in permanent stoppings constructed after 
November 15, 1992:
    (1) The distance between personnel doors shall be no more than 300 
feet in seam heights below 48 inches and 600 feet in seam heights 48 
inches or higher.
    (2) The location of all personnel doors in stoppings along 
escapeways shall be clearly marked so that the doors may be easily 
identified by anyone traveling in the escapeway and in the entries on 
either side of the doors.
    (3) When not in use, personnel doors shall be closed.
    (d) Doors, other than personnel doors, constructed after November 
15, 1992, that are used in lieu of permanent stoppings or to control 
ventilation within an air course shall be:
    (1) Made of noncombustible material or coated on all accessible 
surfaces with flame-retardant materials having a flame-spread index of 
25 or less, as tested under ASTM E162-87, ``Standard Test Method for 
Surface Flammability of Materials Using A Radiant Heat Energy Source.'' 
This publication is incorporated by reference and may be inspected at 
any Coal Mine Health and Safety District and Subdistrict Office, or at 
MSHA's Office of Standards, 1100 Wilson Blvd., Room 2352, Arlington, 
Virginia 22209-3939, and at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.In 
addition, copies of the document can be purchased from the American 
Society for Testing (ASTM), 1916 Race Street, Philadelphia, Pennsylvania 
19103. This incorporation by reference was approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51.
    (2) Of sufficient strength to serve their intended purpose of 
maintaining separation and permitting travel between or within air 
courses or entries.
    (3) Installed in pairs to form an airlock. When an airlock is used, 
one side

[[Page 485]]

of the airlock shall remain closed. When not in use, both sides shall be 
closed.
    (e)(1)(i) Except as provided in paragraphs (e)(2), (e)(3) and (e)(4) 
of this section all overcasts, undercasts, shaft partitions, permanent 
stoppings, and regulators, installed after June 10, 1996, shall be 
constructed in a traditionally accepted method and of materials that 
have been demonstrated to perform adequately or in a method and of 
materials that have been tested and shown to have a minimum strength 
equal to or greater than the traditionally accepted in-mine controls. 
Tests may be performed under ASTM E72-80, ``Standard Methods of 
Conducting Strength Tests of Panels for Building Construction'' (Section 
12--Transverse Load--Specimen Vertical, load, only), or the operator may 
conduct comparative in-mine tests. In-mine tests shall be designed to 
demonstrate the comparative strength of the proposed construction and a 
traditionally accepted in-mine control. The publication ASTM E72-80, 
``Standard Methods of Conducting Strength Tests of Panels for Building 
Construction'' is incorporated by reference and may be inspected at any 
Coal Mine Health and Safety District and Subdistrict Office, or at 
MSHA's Office of Standards, 1100 Wilson Blvd., Room 2352, Arlington, 
Virginia 22209-3939, and at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.In 
addition, copies of the document can be purchased from the American 
Society for Testing (ASTM), 1916 Race Street, Philadelphia, Pennsylvania 
19103. This incorporation by reference was approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51.
    (ii) All overcasts, undercasts, shaft partitions, permanent 
stoppings, and regulators, installed after November 15, 1992, shall be 
constructed of noncombustible material. Materials that are suitable for 
the construction of overcasts, undercasts, shaft partitions, permanent 
stoppings, and regulators include concrete, concrete block, brick, 
cinder block, tile, or steel. No ventilation controls installed after 
November 15, 1992, shall be constructed of aluminum.
    (2) In anthracite mines, permanent stoppings may be constructed of 
overlapping layers of hardwood mine boards, if the stoppings are a 
minimum 2 inches thick.
    (3) When timbers are used to create permanent stoppings in heaving 
or caving areas, the stoppings shall be coated on all accessible 
surfaces with a flame-retardant material having a flame-spread index of 
25 or less, as tested under ASTM E162-87, ``Standard Test Method for 
Surface Flammability of Materials Using A Radiant Heat Energy Source.'' 
This publication is incorporated by reference and may be inspected at 
any Coal Mine Health and Safety District and Subdistrict Office, or at 
MSHA's Office of Standards, 1100 Wilson Blvd., Room 2352, Arlington, 
Virginia 22209-3939, and at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.In 
addition, copies of the document can be purchased from the American 
Society for Testing (ASTM), 1916 Race Street, Philadelphia, Pennsylvania 
19103. This incorporation by reference was approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51.
    (4) In anthracite mines, doors and regulators may be constructed of 
overlapping layers of hardwood boards, if the doors, door frames, and 
regulators are a minimum 2 inches thick.
    (f) When sealants are applied to ventilation controls, the sealant 
shall have a flame-spread index of 25 or less under ASTM E162-87, 
``Standard Test Method for Surface Flammability of Materials Using A 
Radiant Heat Energy Source.'' This publication is incorporated by 
reference and may be inspected at any Coal Mine Health and Safety 
District and Subdistrict Office, or at MSHA's Office of Standards, 1100 
Wilson Blvd., Room 2352, Arlington, Virginia 22209-3939, and at the 
National

[[Page 486]]

Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.In addition, copies of the document can 
be purchased from the American Society for Testing (ASTM), 1916 Race 
Street, Philadelphia, Pennsylvania 19103. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (g) Before mining is discontinued in an entry or room that is 
advanced more than 20 feet from the inby rib, a crosscut shall be made 
or line brattice shall be installed and maintained to provide adequate 
ventilation. When conditions such as methane liberation warrant a 
distance less than 20 feet, the approved ventilation plan shall specify 
the location of such rooms or entries and the maximum distance they will 
be developed before a crosscut is made or line brattice is installed.
    (h) All ventilation controls, including seals, shall be maintained 
to serve the purpose for which they were built.

[61 FR 9829, Mar. 11, 1996; 61 FR 20877, May 8, 1996; 61 FR 26442, May 
28, 1996; 61 FR 29288, 29289, June 10, 1996, as amended at 67 FR 38386, 
June 4, 2002]



Sec. 75.334  Worked-out areas and areas where pillars are being recovered.

    (a) Worked-out areas where no pillars have been recovered shall be--
    (1) Ventilated so that methane-air mixtures and other gases, dusts, 
and fumes from throughout the worked-out areas are continuously diluted 
and routed into a return air course or to the surface of the mine; or
    (2) Sealed.
    (b)(1) During pillar recovery a bleeder system shall be used to 
control the air passing through the area and to continuously dilute and 
move methane-air mixtures and other gases, dusts, and fumes from the 
worked-out area away from active workings and into a return air course 
or to the surface of the mine.
    (2) After pillar recovery a bleeder system shall be maintained to 
provide ventilation to the worked-out area, or the area shall be sealed.
    (c) The approved ventilation plan shall specify the following:
    (1) The design and use of bleeder systems;
    (2) The means to determine the effectiveness of bleeder systems;
    (3) The means for adequately maintaining bleeder entries free of 
obstructions such as roof falls and standing water; and
    (4) The location of ventilating devices such as regulators, 
stoppings and bleeder connectors used to control air movement through 
the worked-out area.
    (d) If the bleeder system used does not continuously dilute and move 
methane-air mixtures and other gases, dusts, and fumes away from worked-
out areas into a return air course or to the surface of the mine, or it 
cannot be determined by examinations or evaluations under Sec. 75.364 
that the bleeder system is working effectively, the worked-out area 
shall be sealed.
    (e) Each mining system shall be designed so that each worked-out 
area can be sealed. The approved ventilation plan shall specify the 
location and the sequence of construction of proposed seals.
    (f) In place of the requirements of paragraphs (a) and (b) of this 
section, for mines with a demonstrated history of spontaneous 
combustion, or that are located in a coal seam determined to be 
susceptible to spontaneous combustion, the approved ventilation plan 
shall specify the following:
    (1) Measures to detect methane, carbon monoxide, and oxygen 
concentrations during and after pillar recovery, and in worked-out areas 
where no pillars have been recovered, to determine if the areas must be 
ventilated or sealed.
    (2) Actions that will be taken to protect miners from the hazards of 
spontaneous combustion.
    (3) If a bleeder system will not be used, the methods that will be 
used to control spontaneous combustion, accumulations of methane-air 
mixtures, and other gases, dusts, and fumes in the worked-out area.

[[Page 487]]



Sec. 75.335  Construction of seals.

    (a)(1) Each seal constructed after November 15, 1992, shall be--
    (i) Constructed of solid concrete blocks at least 6 by 8 by 16 
inches, laid in a transverse pattern with mortar between all joints;
    (ii) Hitched into solid ribs to a depth of at least 4 inches and 
hitched at least 4 inches into the floor;
    (iii) At least 16 inches thick. When the thickness of the seal is 
less than 24 inches and the width is greater than 16 feet or the height 
is greater than 10 feet, a pilaster shall be interlocked near the center 
of the seal. The pilaster shall be at least 16 inches by 32 inches; and
    (iv) Coated on all accessible surfaces with flame-retardant material 
that will minimize leakage and that has a flame-spread index of 25 or 
less, as tested under ASTM E162-87, ``Standard Test Method for Surface 
Flammability of Materials Using A Radiant Heat Energy Source.'' This 
publication is incorporated by reference and may be inspected at any 
Coal Mine Health and Safety District and Subdistrict Office, or at 
MSHA's Office of Standards, 1100 Wilson Blvd., Room 2352, Arlington, 
Virginia 22209-3939, and at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.In 
addition, copies of the document can be purchased from the American 
Society for Testing (ASTM), 1916 Race Street, Philadelphia, Pennsylvania 
19103. This incorporation by reference was approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51.
    (2) Alternative methods or materials may be used to create a seal if 
they can withstand a static horizontal pressure of 20 pounds per square 
inch provided the method of installation and the material used are 
approved in the ventilation plan. If the alternative methods or 
materials include the use of timbers, the timbers also shall be coated 
on all accessible surfaces with flame-retardant material having a flame-
spread index of 25 or less, as tested under ASTM E162-87, ``Standard 
Test Method for Surface Flammability of Materials Using A Radiant Heat 
Energy Source.'' This publication is incorporated by reference and may 
be inspected at any Coal Mine Health and Safety District and Subdistrict 
Office, or at MSHA's Office of Standards, 1100 Wilson Blvd., Room 2352, 
Arlington, Virginia 22209-3939, and at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.In 
addition, copies of the document can be purchased from the American 
Society for Testing (ASTM), 1916 Race Street, Philadelphia, Pennsylvania 
19103. This incorporation by reference was approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51.
    (b) A sampling pipe or pipes shall be installed in each set of seals 
for a worked-out area. Each pipe shall--
    (1) Extend into the sealed area a sufficient distance (at least 15 
feet) to obtain a representative sample from behind the seal;
    (2) Be equipped with a cap or shut-off valve; and
    (3) Be installed with the sampling end of the pipe about 12 inches 
from the roof.
    (c)(1) A corrosion-resistant water pipe or pipes shall be installed 
in seals at the low points of the area being sealed and at all other 
locations necessary when water accumulation within the sealed area is 
possible; and
    (2) Each water pipe shall have a water trap installed on the outby 
side of the seal.

[61 FR 9828, Mar. 11, 1996; 61 FR 29289, June 10, 1996, as amended at 67 
FR 38386, June 4, 2002]



Sec. 75.340  Underground electrical installations.

    (a) Underground transformer stations, battery charging stations, 
substations, rectifiers, and water pumps shall be housed in 
noncombustible structures or areas or be equipped with a fire 
suppression system meeting the

[[Page 488]]

requirements of Sec. 75.1107-3 through Sec. 75.1107-16.
    (1) When a noncombustible structure or area is used, these 
installations shall be--
    (i) Ventilated with intake air that is coursed into a return air 
course or to the surface and that is not used to ventilate working 
places; or
    (ii) Ventilated with intake air that is monitored for carbon 
monoxide or smoke by an AMS installed and operated according to Sec. 
75.351. Monitoring of intake air ventilating battery charging stations 
shall be done with sensors not affected by hydrogen; or
    (iii) Ventilated with intake air and equipped with sensors to 
monitor for heat and for carbon monoxide or smoke. Monitoring of intake 
air ventilating battery charging stations shall be done with sensors not 
affected by hydrogen. The sensors shall deenergize power to the 
installation, activate a visual and audible alarm located outside of and 
on the intake side of the enclosure, and activate doors that will 
automatically close when either of the following occurs:
    (A) The temperature in the noncombustible structure reaches 165 
[deg]F; or
    (B) The carbon monoxide concentration reaches 10 parts per million 
above the ambient level for the area, or the optical density of smoke 
reaches 0.022 per meter. At least every 31 days, sensors installed to 
monitor for carbon monoxide shall be calibrated with a known 
concentration of carbon monoxide and air sufficient to activate the 
closing door, or each smoke sensor shall be tested to determine that it 
functions correctly.
    (2) When a fire suppression system is used, these installations 
shall be--
    (i) Ventilated with intake air that is coursed into a return air 
course or to the surface and that is not used to ventilate working 
places; or
    (ii) Ventilated with intake air that is monitored for carbon 
monoxide or smoke by an AMS installed and operated according to Sec. 
75.351. Monitoring of intake air ventilating battery charging stations 
shall be done with sensors not affected by hydrogen.
    (b) This section does not apply to--
    (1) Rectifiers and power centers with transformers that are either 
dry-type or contain nonflammable liquid, if they are located at or near 
the section and are moved as the working section advances or retreats;
    (2) Submersible pumps;
    (3) Permissible pumps and associated permissible switchgear;
    (4) Pumps located on or near the section and that are moved as the 
working section advances or retreats;
    (5) Pumps installed in anthracite mines; and
    (6) Small portable pumps.



Sec. 75.341  Direct-fired intake air heaters.

    (a) If any system used to heat intake air malfunctions, the heaters 
affected shall switch off automatically.
    (b) Thermal overload devices shall protect the blower motor from 
overheating.
    (c) The fuel supply shall turn off automatically if a flame-out 
occurs.
    (d) Each heater shall be located or guarded to prevent contact by 
persons and shall be equipped with a screen at the inlet to prevent 
combustible materials from passing over the burner units.
    (e) If intake air heaters use liquefied fuel systems--
    (1) Hydrostatic relief valves installed on vaporizers and on storage 
tanks shall be vented; and
    (2) Fuel storage tanks shall be located or protected to prevent fuel 
from leaking into the mine.
    (f) Following any period of 8 hours or more during which a heater 
does not operate, the heater and its associated components shall be 
examined within its first hour of operation. Additionally, each heater 
and its components shall be examined at least once each shift that the 
heater operates. The examination shall include measurement of the carbon 
monoxide concentration at the bottom of each shaft, slope, or in the 
drift opening where air is being heated. The measurements shall be taken 
by a person designated by the operator or by a carbon monoxide sensor 
that is calibrated with a known concentration of carbon monoxide and air 
at least once every 31 days. When the carbon monoxide concentration at

[[Page 489]]

this location reaches 50 parts per million, the heater causing the 
elevated carbon monoxide level shall be shut down.



Sec. 75.342  Methane monitors.

    (a)(1) MSHA approved methane monitors shall be installed on all face 
cutting machines, continuous miners, longwall face equipment, loading 
machines, and other mechanized equipment used to extract or load coal 
within the working place.
    (2) The sensing device for methane monitors on longwall shearing 
machines shall be installed at the return air end of the longwall face. 
An additional sensing device also shall be installed on the longwall 
shearing machine, downwind and as close to the cutting head as 
practicable. An alternative location or locations for the sensing device 
required on the longwall shearing machine may be approved in the 
ventilation plan.
    (3) The sensing devices of methane monitors shall be installed as 
close to the working face as practicable.
    (4) Methane monitors shall be maintained in permissible and proper 
operating condition and shall be calibrated with a known air-methane 
mixture at least once every 31 days. To assure that methane monitors are 
properly maintained and calibrated, the operator shall:
    (i) Use persons properly trained in the maintenance, calibration, 
and permissibility of methane monitors to calibrate and maintain the 
devices.
    (ii) Maintain a record of all calibration tests of methane monitors. 
Records shall be maintained in a secure book that is not susceptible to 
alteration or electronically in a computer system so as to be secure and 
not susceptible to alteration.
    (iii) Retain the record of calibration tests for 1 year from the 
date of the test. Records shall be retained at a surface location at the 
mine and made available for inspection by authorized representatives of 
the Secretary and the representative of miners.
    (b)(1) When the methane concentration at any methane monitor reaches 
1.0 percent the monitor shall give a warning signal.
    (2) The warning signal device of the methane monitor shall be 
visible to a person who can deenergize electric equipment or shut down 
diesel-powered equipment on which the monitor is mounted.
    (c) The methane monitor shall automatically deenergize electric 
equipment or shut down diesel-powered equipment on which it is mounted 
when--
    (1) The methane concentration at any methane monitor reaches 2.0 
percent; or
    (2) The monitor is not operating properly.

[61 FR 9829, Mar. 11, 1996, as amended at 61 FR 55527, Oct. 25, 1996]



Sec. 75.343  Underground shops.

    (a) Underground shops shall be equipped with an automatic fire 
suppression system meeting the requirements of Sec. 75.1107-3 through 
Sec. 75.1107-16, or be enclosed in a noncombustible structure or area.
    (b) Underground shops shall be ventilated with intake air that is 
coursed directly into a return air course.



Sec. 75.344  Compressors.

    (a) Except compressors that are components of equipment such as 
locomotives and rock dusting machines and compressors of less than 5 
horsepower, electrical compressors including those that may start 
automatically shall be:
    (1) Continuously attended by a person designated by the operator who 
can see the compressor at all times during its operation. Any designated 
person attending the compressor shall be capable of activating the fire 
suppression system and deenergizing or shutting-off the compressor in 
the event of a fire; or,
    (2) Enclosed in a noncombustible structure or area which is 
ventilated by intake air coursed directly into a return air course or to 
the surface and equipped with sensors to monitor for heat and for carbon 
monoxide or smoke. The sensors shall deenergize power to the compressor, 
activate a visual and audible alarm located outside of and on the intake 
side of the enclosure, and activate doors to automatically enclose the 
noncombustible

[[Page 490]]

structure or area when either of the following occurs:
    (i) The temperature in the noncombustible structure or area reaches 
165 [deg]F.
    (ii) The carbon monoxide concentration reaches 10 parts per million 
above the ambient level for the area, or the optical density of smoke 
reaches 0.022 per meter. At least once every 31 days, sensors installed 
to monitor for carbon monoxide shall be calibrated with a known 
concentration of carbon monoxide and air sufficient to activate the 
closing door, and each smoke sensor shall be tested to determine that it 
functions correctly.
    (b) Compressors, except those exempted in paragraph (a), shall be 
equipped with a heat activated fire suppression system meeting the 
requirements of 75.1107-3 through 75.1107-16.
    (c) Two portable fire extinguishers or one extinguisher having at 
least twice the minimum capacity specified for a portable fire 
extinguisher in Sec. 75.1100-1(e) shall be provided for each 
compressor.
    (d) Notwithstanding the requirements of Sec. 75.1107-4, upon 
activation of any fire suppression system used under paragraph (b) of 
this section, the compressor shall be automatically deenergized or 
automatically shut off.

[61 FR 9829, Mar. 11, 1996, as amended at 61 FR 55527, Oct. 25, 1996]



Sec. 75.350  Belt air course ventilation.

    (a) The belt air course must not be used as a return air course; and 
except as provided in paragraph (b) of this section, the belt air course 
must not be used to provide air to working sections or to areas where 
mechanized mining equipment is being installed or removed.
    (1) The belt air course must be separated with permanent ventilation 
controls from return air courses and from other intake air courses 
except as provided in paragraph (c) of this section.
    (2) The maximum air velocity in the belt entry must be no greater 
than 500 feet per minute, unless otherwise approved in the mine 
ventilation plan.
    (3) Air velocities must be compatible with all fire detection 
systems and fire suppression systems used in the belt entry.
    (b) Air from a belt air course may be used to ventilate a working 
section or an area where mechanized mining equipment is being installed 
or removed, provided the following additional requirements are met:
    (1) The belt entry must be equipped with an AMS that is installed, 
operated, examined, and maintained as specified in Sec. 75.351.
    (2) All miners must be trained annually in the basic operating 
principles of the AMS, including the actions required in the event of 
activation of any AMS alert or alarm signal. This training must be 
conducted prior to working underground in a mine that uses belt air to 
ventilate working sections or areas where mechanized mining equipment is 
installed or removed. It must be conducted as part of a miner's 30 CFR 
part 48 new miner training (Sec. 48.5), experienced miner training 
(Sec. 48.6), or annual refresher training (Sec. 48.8).
    (3) The average concentration of respirable dust in the belt air 
course, an intake air course, must be maintained at or below 1.0 mg/
m\3\. A permanent designated area (DA) for dust measurements must be 
established at a point no greater than 50 feet upwind from the section 
loading point in the belt entry when the belt air flows over the loading 
point or no greater than 50 feet upwind from the point where belt air is 
mixed with air from another intake air course near the loading point. 
The DA must be specified and approved in the ventilation plan.
    (4) The primary escapeway must be monitored for carbon monoxide or 
smoke as specified in Sec. 75.351(f).
    (5) The area of the mine with a belt air course must be developed 
with three or more entries.
    (6) In areas of the mine developed after the effective date of this 
rule, unless approved by the district manager, no more than 50% of the 
total intake air, delivered to the working section or to areas where 
mechanized mining equipment is being installed or removed, can be 
supplied from the belt air course. The locations for measuring these air 
quantities must be approved in the mine ventilation plan.
    (7) Lifelines that meet the requirements of Sec. 75.380(n) must be 
provided if

[[Page 491]]

return entries are used as alternate escapeways.
    (c) Notwithstanding the provisions of Sec. 75.380(g), additional 
intake air may be added to the belt air course through a point-feed 
regulator. The location and use of point feeds must be approved in the 
mine ventilation plan.
    (d) If the air through the point-feed regulator enters a belt air 
course which is used to ventilate a working section or an area where 
mechanized mining equipment is being installed or removed, the following 
conditions must be met:
    (1) The air current that will pass through the point-feed regulator 
must be monitored for carbon monoxide or smoke at a point within 50 feet 
upwind of the point-feed regulator;
    (2) The air in the belt air course must be monitored for carbon 
monoxide or smoke upwind of the point-feed regulator. This sensor must 
be in the belt air course within 50 feet of the mixing point where air 
flowing through the point-feed regulator mixes with the belt air;
    (3) The point-feed regulator must be provided with a means to close 
the regulator from the intake air course without requiring a person to 
enter the crosscut where the point-feed regulator is located. The point-
feed regulator must also be provided with a means to close the regulator 
from a location in the belt air course immediately upwind of the 
crosscut containing the point-feed regulator;
    (4) A minimum air velocity of 300 feet per minute must be maintained 
through the point-feed regulator;
    (5) The location(s) and use of a point-feed regulator(s) must be 
approved in the mine ventilation plan and shown on the mine ventilation 
map; and
    (6) An AMS must be installed, operated, examined, and maintained as 
specified in Sec. 75.351.

[69 FR 17526, Apr. 2, 2004]



Sec. 75.351  Atmospheric monitoring systems.

    (a) AMS operation. Whenever personnel are underground and an AMS is 
used to fulfill the requirements of Sec. Sec. 75.323(d)(1)(ii), 
75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), 75.350(d), or 75.362(f), 
the AMS must be operating and a designated AMS operator must be on duty 
at a location on the surface of the mine where audible and visual 
signals from the AMS must be seen or heard and the AMS operator can 
promptly respond to these signals.
    (b) Designated surface location and AMS operator. When an AMS is 
used to comply with Sec. Sec. 75.323(d)(1)(ii), 75.340(a)(1)(ii), 
75.340(a)(2)(ii), 75.350(b), 75.350(d), or 75.362(f), the following 
requirements apply:
    (1) The mine operator must designate a surface location at the mine 
where signals from the AMS will be received and two-way voice 
communication is maintained with each working section, with areas where 
mechanized mining equipment is being installed or removed, and with 
other areas designated in the approved emergency evacuation and 
firefighting program of instruction (Sec. 75.1502).
    (2) The mine operator must designate an AMS operator to monitor and 
promptly respond to all AMS signals.
    (3) A map or schematic must be provided at the designated surface 
location that shows the locations and type of AMS sensor at each 
location, and the intended air flow direction at these locations. This 
map or schematic must be updated within 24 hours of any change in this 
information.
    (4) The names of the designated AMS operators and other appropriate 
personnel, including the designated person responsible for initiating an 
emergency mine evacuation under Sec. 75.1501, and the method to contact 
these persons, must be provided at the designated surface location.
    (c) Minimum operating requirements. AMSs used to comply with 
Sec. Sec. 75.323(d)(1)(ii), 75.340(a)(1)(ii), 75.340(a)(2)(ii), 
75.350(b), 75.350(d), or 75.362(f) must:
    (1) Automatically provide visual and audible signals at the 
designated surface location for any interruption of circuit continuity 
and any electrical malfunction of the system. These signals must be of 
sufficient magnitude to be seen or heard by the AMS operator.
    (2) Automatically provide visual and audible signals at the 
designated surface location when the carbon monoxide concentration or 
methane concentration at any sensor reaches the

[[Page 492]]

alert level as specified in Sec. 75.351(i). These signals must be of 
sufficient magnitude to be seen or heard by the AMS operator.
    (3) Automatically provide visual and audible signals at the 
designated surface location distinguishable from alert signals when the 
carbon monoxide, smoke, or methane concentration at any sensor reaches 
the alarm level as specified in Sec. 75.351(i). These signals must be 
of sufficient magnitude to be seen or heard by the AMS operator.
    (4) Automatically provide visual and audible signals at all affected 
working sections and at all affected areas where mechanized mining 
equipment is being installed or removed when the carbon monoxide, smoke, 
or methane concentration at any sensor reaches the alarm level as 
specified in Sec. 75.351(i). These signals must be of sufficient 
magnitude to be seen or heard by miners working at these locations. 
Methane signals must be distinguishable from other signals.
    (5) Automatically provide visual and audible signals at other 
locations as specified in Mine Emergency Evacuation and Firefighting 
Program of Instruction (Sec. 75.1502) when the carbon monoxide, smoke, 
or methane concentration at any sensor reaches the alarm level as 
specified in Sec. 75.351(i). These signals must be seen or heard by 
miners working at these locations. Methane alarms must be 
distinguishable from other signals.
    (6) Identify at the designated surface location the operational 
status of all sensors.
    (7) Automatically provide visual and audible alarm signals at the 
designated surface location, at all affected working sections, and at 
all affected areas where mechanized mining equipment is being installed 
or removed when the carbon monoxide level at any two consecutive sensors 
alert at the same time. These signals must be seen or heard by the AMS 
operator and miners working at these locations.
    (d) Location and installation of AMS sensors. (1) All AMS sensors, 
as specified in Sec. Sec. 75.351(e) through 75.351(h), must be located 
such that measurements are representative of the mine atmosphere in 
these locations.
    (2) Carbon monoxide or smoke sensors must be installed near the 
center in the upper third of the entry, in a location that does not 
expose personnel working on the system to unsafe conditions. Sensors 
must not be located in abnormally high areas or in other locations where 
air flow patterns do not permit products of combustion to be carried to 
the sensors.
    (3) Methane sensors must be installed near the center of the entry, 
at least 12 inches from the roof, ribs, and floor, in a location that 
would not expose personnel working on the system to unsafe conditions.
    (e) Location of sensors--belt air course. In addition to the 
requirements of paragraph (d) of this section, any AMS used to monitor 
belt air courses under Sec. 75.350(b) must have sensors to monitor for 
carbon monoxide or smoke at the following locations:
    (1) At or near the working section belt tailpiece in the air stream 
ventilating the belt entry. In longwall mining systems the sensor must 
be located upwind in the belt entry at a distance no greater than 150 
feet from the mixing point where intake air is mixed with the belt air 
at or near the tailpiece;
    (2) Upwind, a distance no greater than 50 feet from the point where 
the belt air course is combined with another air course or splits into 
multiple air courses;
    (3) At intervals not to exceed 1,000 feet along each belt entry in 
areas where air velocities are maintained at 50 feet per minute or 
higher. In areas along each belt entry where air velocities are less 
than 50 feet per minute, the sensor spacing must not exceed 350 feet. 
All sensors must be installed at the 1,000-foot spacing no later than 
August 2, 2004.
    (4) Not more than 100 feet downwind of each belt drive unit, each 
tailpiece transfer point, and each belt take-up. If the belt drive, 
tailpiece, and/or take-up for a single transfer point are installed 
together in the same air course they may be monitored with one sensor 
located not more than 100 feet downwind of the last component; and

[[Page 493]]

    (5) At other locations in any entry that is part of the belt air 
course as required and specified in the mine ventilation plan.
    (f) Locations of sensors--the primary escapeway. When used to 
monitor the primary escapeway under Sec. 75.350(b)(4), carbon monoxide 
or smoke sensors must be located in the primary escapeway within 500 
feet of the working section and areas where mechanized mining equipment 
is being installed or removed. In addition, another sensor must be 
located within 500 feet inby the beginning of the panel. The point-feed 
sensor required by Sec. 75.350(d)(1) may be used as the sensor at the 
beginning of the panel if it is located within 500 feet inby the 
beginning of the panel.
    (g) Location of sensors--return air splits. (1) If used to monitor 
return air splits under Sec. 75.362(f), a methane sensor must be 
installed in the return air split between the last working place, 
longwall or shortwall face ventilated by that air split, and the 
junction of the return air split with another air split, seal, or worked 
out area.
    (2) If used to monitor a return air split under Sec. 
75.323(d)(1)(ii), the methane sensors must be installed at the following 
locations:
    (i) In the return air course opposite the section loading point, or, 
if exhausting auxiliary fan(s) are used, in the return air course no 
closer than 300 feet downwind from the fan exhaust and at a point 
opposite or immediately outby the section loading point; and
    (ii) Immediately upwind from the location where the return air split 
meets another air split or immediately upwind of the location where an 
air split is used to ventilate seals or worked-out areas.
    (h) Location of sensors--electrical installations. When monitoring 
the intake air ventilating underground transformer stations, battery 
charging stations, substations, rectifiers, or water pumps under Sec. 
75.340(a)(1)(ii) or Sec. 75.340(a)(2)(ii), at least one sensor must be 
installed to monitor the mine atmosphere for carbon monoxide or smoke, 
located downwind and not greater than 50 feet from the electrical 
installation being monitored.
    (i) Establishing alert and alarm levels. An AMS installed in 
accordance with the following paragraphs must initiate alert and alarm 
signals at the specified levels, as indicated:
    (1) For Sec. 75.323(d)(1)(ii) alarm at 1.5% methane.
    (2) For Sec. Sec. 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), 
and 75.350(d), alert at 5 ppm carbon monoxide above the ambient level 
and alarm at 10 ppm carbon monoxide above the ambient level when carbon 
monoxide sensors are used; and alarm at a smoke optical density of 0.022 
per meter when smoke sensors are used. Reduced alert and alarm settings 
approved by the district manager may be required for carbon monoxide 
sensors identified in the mine ventilation plan, Sec. 75.371(nn).
    (3) For Sec. 75.362(f), alert at 1.0% methane and alarm at 1.5% 
methane.
    (j) Establishing carbon monoxide ambient levels. Carbon monoxide 
ambient levels and the means to determine these levels must be approved 
in the mine ventilation plan (Sec. 75.371(hh)) for monitors installed 
in accordance with Sec. Sec. 75.340(a)(1)(ii), 75.340(a)(2)(ii), 
75.350(b), and 75.350(d).
    (k) Installation and maintenance. An AMS installed in accordance 
with Sec. Sec. 75.323(d)(1)(ii), 75.340(a)(1)(ii), 75.340(a)(2)(ii), 
75.350(b), 75.350(d), or 75.362(f) must be installed and maintained by 
personnel trained in the installation and maintenance of the system. The 
system must be maintained in proper operating condition.
    (l) Sensors. Sensors used to monitor for carbon monoxide, methane, 
and smoke must be either of a type listed and installed in accordance 
with the recommendations of a nationally recognized testing laboratory 
approved by the Secretary; or these sensors must be of a type, and 
installed in a manner, approved by the Secretary.
    (m) Time delays. When a demonstrated need exists, time delays may be 
incorporated into the AMS. These time delays must only be used to 
account for non-fire related carbon monoxide alert and alarm sensor 
signals. These time delays are limited to no more than three minutes. 
The use and length of any time delays, or other techniques or methods 
which eliminate or reduce the need for time delays,

[[Page 494]]

 must be specified and approved in the mine ventilation plan.
    (n) Examination, testing, and calibration. (1) At least once each 
shift when belts are operated as part of a production shift, sensors 
used to detect carbon monoxide or smoke in accordance with Sec. Sec. 
75.350(b), and 75.350(d), and alarms installed in accordance with Sec. 
75.350(b) must be visually examined.
    (2) At least once every seven days, alarms for AMS installed in 
accordance with Sec. Sec. 75.350(b), and 75.350(d) must be functionally 
tested for proper operation.
    (3) At intervals not to exceed 31 days--
    (i) Each carbon monoxide sensor installed in accordance with 
Sec. Sec. 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), or 75.350(d) 
must be calibrated in accordance with the manufacturer's calibration 
specifications. Calibration must be done with a known concentration of 
carbon monoxide in air sufficient to activate the alarm;
    (ii) Each smoke sensor installed in accordance with Sec. Sec. 
75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), or 75.350(d) must be 
functionally tested in accordance with the manufacturer's calibration 
specifications;
    (iii) Each methane sensor installed in accordance with Sec. Sec. 
75.323(d)(1)(ii) or 75.362(f) must be calibrated in accordance with the 
manufacturer's calibration specifications. Calibration must be done with 
a known concentration of methane in air sufficient to activate an alarm.
    (iv) If the alert or alarm signals will be activated during 
calibration of sensors, the AMS operator must be notified prior to and 
upon completion of calibration. The AMS operator must notify miners on 
affected working sections, areas where mechanized mining equipment is 
being installed or removed, or other areas designated in the approved 
emergency evacuation and firefighting program of instruction (Sec. 
75.1502) when calibration will activate alarms and when calibration is 
completed.
    (4) Gases used for the testing and calibration of AMS sensors must 
be traceable to the National Institute of Standards and Technology 
reference standard for the specific gas. When these reference standards 
are not available for a specific gas, calibration gases must be 
traceable to an analytical standard which is prepared using a method 
traceable to the National Institute of Standards and Technology. 
Calibration gases must be within 2.0 percent of 
the indicated gas concentration.
    (o) Recordkeeping. (1) When an AMS is used to comply with Sec. Sec. 
75.323(d)(1)(ii), 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), 
75.350(d), or 75.362(f), individuals designated by the operator must 
make the following records by the end of the shift in which the 
following event(s) occur:
    (i) If an alert or alarm signal occurs, a record of the date, time, 
location and type of sensor, and the cause for the activation.
    (ii) If an AMS malfunctions, a record of the date, the extent and 
cause of the malfunction, and the corrective action taken to return the 
system to proper operation.
    (iii) A record of the seven-day tests of alert and alarm signals; 
calibrations; and maintenance of the AMS must be made by the person(s) 
performing these actions.
    (2) The person entering the record must include their name, date, 
and signature in the record.
    (3) The records required by this section must be kept either in a 
secure book that is not susceptible to alteration, or electronically in 
a computer system that is secure and not susceptible to alteration. 
These records must be maintained separately from other records and 
identifiable by a title, such as the `AMS log.'
    (p) Retention period. Records must be retained for at least one year 
at a surface location at the mine and made available for inspection by 
miners and authorized representatives of the Secretary.
    (q) Training. All AMS operators must be trained annually in the 
proper operation of the AMS. A record of the content of training, the 
person conducting the training, and the date the training was conducted, 
must be maintained at the mine for at least one year by the mine 
operator.
    (r) Communications. When an AMS is used to comply with Sec. 
75.350(b), a two-

[[Page 495]]

way voice communication system required by Sec. 75.1600 must be 
installed in an entry that is separate from the entry in which the AMS 
is installed no later than August 2, 2004. The two-way voice 
communication system may be installed in the entry where the intake 
sensors required by Sec. Sec. 75.350(b)(4) or 75.350(d)(1) are 
installed.

[69 FR 17527, Apr. 2, 2004]

    Effective Date Note: At 69 FR 17527, Apr. 2, 2004, Sec. 75.351 was 
revised effective June 1, 2004, with the exception of paragraphs (e)(3) 
and (r), which are effective Aug. 2, 2004.



Sec. 75.352  Actions in response to AMS malfunction, alert, or alarm 
signals.

    (a) When a malfunction, alert, or alarm signal is received at the 
designated surface location, the sensor(s) that are activated must be 
identified and the AMS operator must promptly notify appropriate 
personnel.
    (b) Upon notification of a malfunction, alert, or alarm signal, 
appropriate personnel must promptly initiate an investigation to 
determine the cause of the signal and take the required actions set 
forth in paragraphs (c), (d), or (e) of this section.
    (c) If any sensor installed in accordance with Sec. Sec. 
75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), or 75.350(d) indicates an 
alarm or if any two consecutive sensors indicate alert at the same time, 
the following procedures must be followed unless the cause of the 
signal(s) is known not to be a hazard to miners:
    (1) Appropriate personnel must notify miners in affected working 
sections, in affected areas where mechanized mining equipment is being 
installed or removed, and at other locations specified in the Sec. 
75.1502 approved mine emergency evacuation and firefighting program of 
instruction; and
    (2) All personnel in the affected areas, unless assigned other 
duties under Sec. 75.1502, must be withdrawn promptly to a safe 
location identified in the mine emergency evacuation and firefighting 
program of instruction.
    (d) If there is an alert or alarm signal from a methane sensor 
installed in accordance with Sec. Sec. 75.323(d)(1)(ii) and 75.362(f), 
an investigation must be initiated to determine the cause of the signal, 
and the actions required under Sec. 75.323 must be taken.
    (e) If any fire detection components of the AMS malfunction or are 
inoperative, immediate action must be taken to return the system to 
proper operation. While the AMS component repairs are being made, 
operation of the belt may continue if the following conditions are met:
    (1) If one AMS sensor malfunctions or becomes inoperative, a trained 
person must continuously monitor for carbon monoxide or smoke at the 
inoperative sensor.
    (2) If two or more adjacent AMS sensors malfunction or become 
inoperative, a trained person(s) must patrol and continuously monitor 
for carbon monoxide or smoke so that the affected areas will be traveled 
each hour in their entirety, or a trained person must be stationed to 
monitor at each inoperative sensor.
    (3) If the complete AMS malfunctions or becomes inoperative, trained 
persons must patrol and continuously monitor for carbon monoxide or 
smoke so that the affected areas will be traveled each hour in their 
entirety.
    (4) The trained person(s) monitoring under this section must, at a 
minimum, have two-way voice communication capabilities with the AMS 
operator at intervals not to exceed 2,000 feet and report contaminant 
levels to the AMS operator at intervals not to exceed 60 minutes.
    (5) The trained person(s) monitoring under this section must report 
immediately to the AMS operator any concentration of the contaminant 
that reaches either the alert or alarm level specified in Sec. 
75.351(i), or the alternate alert and alarm levels specified in 
paragraph (e)(7) of this section, unless the source of the contaminant 
is known not to present a hazard.
    (6) Detectors used to monitor under this section must have a level 
of detectability equal to that required of the sensors in Sec. 
75.351(l).
    (7) For those AMSs using sensors other than carbon monoxide sensors, 
an alternate detector and the alert and alarm levels associated with 
that detector must be specified in the approved mine ventilation plan.

[[Page 496]]

    (f) If the 50-foot per minute minimum air velocity is not maintained 
when required under Sec. 75.351(e)(3), immediate action must be taken 
to return the ventilation system to proper operation. While the 
ventilation system is being corrected, operation of the belt may 
continue only while a trained person(s) patrols and continuously 
monitors for carbon monoxide or smoke as set forth in Sec. Sec. 
75.352(e)(3) through (7), so that the affected areas will be traveled 
each hour in their entirety.

[69 FR 17529, Apr. 2, 2004]



Sec. 75.360  Preshift examination at fixed intervals.

    (a)(1) Except as provided in paragraph (a)(2) of this section, a 
certified person designated by the operator must make a preshift 
examination within 3 hours preceding the beginning of any 8-hour 
interval during which any person is scheduled to work or travel 
underground. No person other than certified examiners may enter or 
remain in any underground area unless a preshift examination has been 
completed for the established 8-hour interval. The operator must 
establish 8-hour intervals of time subject to the required preshift 
examinations.
    (2) Preshift examinations of areas where pumpers are scheduled to 
work or travel shall not be required prior to the pumper entering the 
areas if the pumper is a certified person and the pumper conducts an 
examination for hazardous conditions, tests for methane and oxygen 
deficiency and determines if the air is moving in its proper direction 
in the area where the pumper works or travels. The examination of the 
area must be completed before the pumper performs any other work. A 
record of all hazardous conditions found by the pumper shall be made and 
retained in accordance with Sec. 75.363.
    (b) The person conducting the preshift examination shall examine for 
hazardous conditions, test for methane and oxygen deficiency, and 
determine if the air is moving in its proper direction at the following 
locations:
    (1) Roadways, travelways and track haulageways where persons are 
scheduled, prior to the beginning of the preshift examination, to work 
or travel during the oncoming shift.
    (2) Belt conveyors that will be used to transport persons during the 
oncoming shift and the entries in which these belt conveyors are 
located.
    (3) Working sections and areas where mechanized mining equipment is 
being installed or removed, if anyone is scheduled to work on the 
section or in the area during the oncoming shift. The scope of the 
examination shall include the working places, approaches to worked-out 
areas and ventilation controls on these sections and in these areas, and 
the examination shall include tests of the roof, face and rib conditions 
on these sections and in these areas.
    (4) Approaches to worked-out areas along intake air courses and at 
the entries used to carry air into worked-out areas if the intake air 
passing the approaches is used to ventilate working sections where 
anyone is scheduled to work during the oncoming shift. The examination 
of the approaches to the worked-out areas shall be made in the intake 
air course immediately inby and outby each entry used to carry air into 
the worked-out area. An examination of the entries used to carry air 
into the worked-out areas shall be conducted at a point immediately inby 
the intersection of each entry with the intake air course.
    (5) Seals along intake air courses where intake air passes by a seal 
to ventilate working sections where anyone is scheduled to work during 
the oncoming shift.
    (6)(i) Entries and rooms developed after November 15, 1992, and 
developed more than 2 crosscuts off an intake air course without 
permanent ventilation controls where intake air passes through or by 
these entries or rooms to reach a working section where anyone is 
scheduled to work during the oncoming shift; and,
    (ii) Entries and rooms developed after November 15, 1992, and driven 
more than 20 feet off an intake air course without a crosscut and 
without permanent ventilation controls where intake air passes through 
or by these entries or rooms to reach a working section where anyone is 
scheduled to work during the oncoming shift.

[[Page 497]]

    (7) Areas where trolley wires or trolley feeder wires are to be or 
will remain energized during the oncoming shift.
    (8) High spots along intake air courses where methane is likely to 
accumulate, if equipment will be operated in the area during the shift.
    (9) Underground electrical installations referred to in Sec. 
75.340(a), except those pumps listed in Sec. 75.340 (b)(2) through 
(b)(6), and areas where compressors subject to Sec. 75.344 are 
installed if the electrical installation or compressor is or will be 
energized during the shift.
    (10) Other areas where work or travel during the oncoming shift is 
scheduled prior to the beginning of the preshift examination.
    (c) The person conducting the preshift examination shall determine 
the volume of air entering each of the following areas if anyone is 
scheduled to work in the areas during the oncoming shift:
    (1) In the last open crosscut of each set of entries or rooms on 
each working section and areas where mechanized mining equipment is 
being installed or removed. The last open crosscut is the crosscut in 
the line of pillars containing the permanent stoppings that separate the 
intake air courses and the return air courses.
    (2) On each longwall or shortwall in the intake entry or entries at 
the intake end of the longwall or shortwall face immediately outby the 
face and the velocity of air at each end of the face at the locations 
specified in the approved ventilation plan.
    (3) At the intake end of any pillar line--
    (i) If a single split of air is used, in the intake entry furthest 
from the return air course, immediately outby the first open crosscut 
outby the line of pillars being mined; or
    (ii) If a split system is used, in the intake entries of each split 
immediately inby the split point.
    (d) The district manager may require the certified person to examine 
other areas of the mine or examine for other hazards during the preshift 
examination.
    (e) Certification. At each working place examined, the person doing 
the preshift examination shall certify by initials, date, and the time, 
that the examination was made. In areas required to be examined outby a 
working section, the certified person shall certify by initials, date, 
and the time at enough locations to show that the entire area has been 
examined.
    (f) Recordkeeping. A record of the results of each preshift 
examination, including a record of hazardous conditions and their 
locations found by the examiner during each examination and of the 
results and locations of air and methane measurements, shall be made on 
the surface before any persons, other than certified persons conducting 
examinations required by this subpart, enter any underground area of the 
mine. The results of methane tests shall be recorded as the percentage 
of methane measured by the examiner. The record shall be made by the 
certified person who made the examination or by a person designated by 
the operator. If the record is made by someone other than the examiner, 
the examiner shall verify the record by initials and date by or at the 
end of the shift for which the examination was made. A record shall also 
be made by a certified person of the action taken to correct hazardous 
conditions found during the preshift examination. All preshift and 
corrective action records shall be countersigned by the mine foreman or 
equivalent mine official by the end of the mine foreman's or equivalent 
mine official's next regularly scheduled working shift. The records 
required by this section shall be made in a secure book that is not 
susceptible to alteration or electronically in a computer system so as 
to be secure and not susceptible to alteration.
    (g) Retention period. Records shall be retained at a surface 
location at the mine for at least 1 year and shall be made available for 
inspection by authorized representatives of the Secretary and the 
representative of miners.

[61 FR 9829, Mar. 11, 1996, as amended at 61 FR 55527, Oct. 25, 1996; 62 
FR 35085, June 30, 1997; 64 FR 45170, Aug. 19, 1999]



Sec. 75.361  Supplemental examination.

    (a) Except for certified persons conducting examinations required by 
this

[[Page 498]]

subpart, within 3 hours before anyone enters an area in which a preshift 
examination has not been made for that shift, a certified person shall 
examine the area for hazardous conditions, determine whether the air is 
traveling in its proper direction and at its normal volume, and test for 
methane and oxygen deficiency.
    (b) Certification. At each working place examined, the person making 
the supplemental examination shall certify by initials, date, and the 
time, that the examination was made. In areas required to be examined 
outby a working section, the certified person shall certify by initials, 
date, and the time at enough locations to show that the entire area has 
been examined.



Sec. 75.362  On-shift examination.

    (a) (1) At least once during each shift, or more often if necessary 
for safety, a certified person designated by the operator shall conduct 
an on-shift examination of each section where anyone is assigned to work 
during the shift and any area where mechanized mining equipment is being 
installed or removed during the shift. The certified person shall check 
for hazardous conditions, test for methane and oxygen deficiency, and 
determine if the air is moving in its proper direction.
    (2) A person designated by the operator shall conduct an examination 
to assure compliance with the respirable dust control parameters 
specified in the mine ventilation plan. In those instances when a shift 
change is accomplished without an interruption in production on a 
section, the examination shall be made anytime within 1 hour of the 
shift change. In those instances when there is an interruption in 
production during the shift change, the examination shall be made before 
production begins on a section. Deficiencies in dust controls shall be 
corrected before production begins or resumes. The examination shall 
include air quantities and velocities, water pressures and flow rates, 
excessive leakage in the water delivery system, water spray numbers and 
orientations, section ventilation and control device placement, and any 
other dust suppression measures required by the ventilation plan. 
Measurements of the air velocity and quantity, water pressure and flow 
rates are not required if continuous monitoring of these controls is 
used and indicates that the dust controls are functioning properly.
    (b) During each shift that coal is produced, a certified person 
shall examine for hazardous conditions along each belt conveyor 
haulageway where a belt conveyor is operated. This examination may be 
conducted at the same time as the preshift examination of belt conveyors 
and belt conveyor haulageways, if the examination is conducted within 3 
hours before the oncoming shift.
    (c) Persons conducting the on-shift examination shall determine at 
the following locations:
    (1) The volume of air in the last open crosscut of each set of 
entries or rooms on each section and areas where mechanized mining 
equipment is being installed or removed. The last open crosscut is the 
crosscut in the line of pillars containing the permanent stoppings that 
separate the intake air courses and the return air courses.
    (2) The volume of air on a longwall or shortwall, including areas 
where longwall or shortwall equipment is being installed or removed, in 
the intake entry or entries at the intake end of the longwall or 
shortwall.
    (3) The velocity of air at each end of the longwall or shortwall 
face at the locations specified in the approved ventilation plan.
    (4) The volume of air at the intake end of any pillar line--
    (i) Where a single split of air is used in the intake entry furthest 
from the return air course immediately outby the first open crosscut 
outby the line of pillars being mined; or
    (ii) Where a split system is used in the intake entries of each 
split immediately inby the split point.
    (d) (1) A qualified person shall make tests for methane--
    (i) At the start of each shift at each working place before 
electrically operated equipment is energized; and
    (ii) Immediately before equipment is energized, taken into, or 
operated in a working place; and

[[Page 499]]

    (iii) At 20-minute intervals, or more often if required in the 
approved ventilation plan at specific locations, during the operation of 
equipment in the working place.
    (2) Except as provided for in paragraph (d)(3) of this section, 
these methane tests shall be made at the face from under permanent roof 
support, using extendable probes or other acceptable means. When 
longwall or shortwall mining systems are used, these methane tests shall 
be made at the shearer, the plow, or the cutting head. When mining has 
been stopped for more than 20 minutes, methane tests shall be conducted 
prior to the start up of equipment.
    (3) As an alternative method of compliance with paragraph (d)(2) of 
this section during roof bolting, methane tests may be made by sweeping 
an area not less than 16 feet inby the last area of permanently 
supported roof, using a probe or other acceptable means. This method of 
testing is conditioned on meeting the following requirements:
    (i) The roof bolting machine must be equipped with an integral 
automated temporary roof support (ATRS) system that meets the 
requirements of 30 CFR 75.209.
    (ii) The roof bolting machine must have a permanently mounted, MSHA-
approved methane monitor which meets the maintenance and calibration 
requirements of 30 CFR 75.342(a)(4), the warning signal requirements of 
30 CFR 75.342(b), and the automatic de-energization requirements of 30 
CFR 75.342(c).
    (iii) The methane monitor sensor must be mounted near the inby end 
and within 18 inches of the longitudinal center of the ATRS support, and 
positioned at least 12 inches from the roof when the ATRS is fully 
deployed.
    (iv) Manual methane tests must be made at intervals not exceeding 20 
minutes. The test may be made either from under permanent roof support 
or from the roof bolter's work position protected by the deployed ATRS.
    (v) Once a methane test is made at the face, all subsequent methane 
tests in the same area of unsupported roof must also be made at the 
face, from under permanent roof support, using extendable probes or 
other acceptable means at intervals not exceeding 20 minutes.
    (vi) The district manager may require that the ventilation plan 
include the minimum air quantity and the position and placement of 
ventilation controls to be maintained during roof bolting.
    (e) If auxiliary fans and tubing are used, they shall be inspected 
frequently.
    (f) During each shift that coal is produced and at intervals not 
exceeding 4 hours, tests for methane shall be made by a certified person 
or by an atmospheric monitoring system (AMS) in each return split of air 
from each working section between the last working place, or longwall or 
shortwall face, ventilated by that split of air and the junction of the 
return air split with another air split, seal, or worked-out area. If 
auxiliary fans and tubing are used, the tests shall be made at a 
location outby the auxiliary fan discharge.
    (g) Certification. (1) The person conducting the on-shift 
examination in belt haulage entries shall certify by initials, date, and 
time that the examination was made. The certified person shall certify 
by initials, date, and the time at enough locations to show that the 
entire area has been examined.
    (2) The certified person directing the on-shift examination to 
assure compliance with the respirable dust control parameters specified 
in the mine ventilation plan shall certify by initials, date, and time 
that the examination was made.

[61 FR 9829, Mar. 11, 1996; 61 FR 26442, May 28, 1996, as amended at 68 
FR 40138, July 7, 2003]



Sec. 75.363  Hazardous conditions; posting, correcting and recording.

    (a) Any hazardous condition found by the mine foreman or equivalent 
mine official, assistant mine foreman or equivalent mine official, or 
other certified persons designated by the operator for the purposes of 
conducting examinations under this subpart D, shall be posted with a 
conspicuous danger sign where anyone entering the areas would pass. A 
hazardous condition shall be corrected immediately or the area shall 
remain posted until the hazardous condition is corrected. If the 
condition creates an imminent danger,

[[Page 500]]

everyone except those persons referred to in section 104(c) of the Act 
shall be withdrawn from the area affected to a safe area until the 
hazardous condition is corrected. Only persons designated by the 
operator to correct or evaluate the condition may enter the posted area.
    (b) A record shall be made of any hazardous condition found. This 
record shall be kept in a book maintained for this purpose on the 
surface at the mine. The record shall be made by the completion of the 
shift on which the hazardous condition is found and shall include the 
nature and location of the hazardous condition and the corrective action 
taken. This record shall not be required for shifts when no hazardous 
conditions are found or for hazardous conditions found during the 
preshift or weekly examinations inasmuch as these examinations have 
separate recordkeeping requirements.
    (c) The record shall be made by the certified person who conducted 
the examination or a person designated by the operator. If made by a 
person other than the certified person, the certified person shall 
verify the record by initials and date by or at the end of the shift for 
which the examination was made. Records shall be countersigned by the 
mine foreman or equivalent mine official by the end of the mine 
foreman's or equivalent mine official's next regularly scheduled working 
shift. The record shall be made in a secure book that is not susceptible 
to alteration or electronically in a computer system so as to be secure 
and not susceptible to alteration.
    (d) Retention period. Records shall be retained at a surface 
location at the mine for at least 1 year and shall be made available for 
inspection by authorized representatives of the Secretary and the 
representative of miners.

[61 FR 9829, Mar. 11, 1996; 61 FR 26442, May 28, 1996]



Sec. 75.364  Weekly examination.

    (a) Worked-out areas. (1) At least every 7 days, a certified person 
shall examine unsealed worked-out areas where no pillars have been 
recovered by traveling to the area of deepest penetration; measuring 
methane and oxygen concentrations and air quantities and making tests to 
determine if the air is moving in the proper direction in the area. The 
locations of measurement points where tests and measurements will be 
performed shall be included in the mine ventilation plan and shall be 
adequate in number and location to assure ventilation and air quality in 
the area. Air quantity measurements shall also be made where the air 
enters and leaves the worked-out area. An alternative method of 
evaluating the ventilation of the area may be approved in the 
ventilation plan.
    (2) At least every 7 days, a certified person shall evaluate the 
effectiveness of bleeder systems required by Sec. 75.334 as follows:
    (i) Measurements of methane and oxygen concentrations and air 
quantity and a test to determine if the air is moving in its proper 
direction shall be made where air enters the worked-out area.
    (ii) Measurements of methane and oxygen concentrations and air 
quantity and a test to determine if the air is moving in the proper 
direction shall be made immediately before the air enters a return split 
of air.
    (iii) At least one entry of each set of bleeder entries used as part 
of a bleeder system under Sec. 75.334 shall be traveled in its 
entirety. Measurements of methane and oxygen concentrations and air 
quantities and a test to determine if the air is moving in the proper 
direction shall be made at the measurement point locations specified in 
the mine ventilation plan to determine the effectiveness of the bleeder 
system.
    (iv) In lieu of the requirements of paragraphs (a)(2)(i) and (iii) 
of this section, an alternative method of evaluation may be specified in 
the ventilation plan provided the alternative method results in proper 
evaluation of the effectiveness of the bleeder system.
    (b) Hazardous conditions. At least every 7 days, an examination for 
hazardous conditions at the following locations shall be made by a 
certified person designated by the operator:
    (1) In at least one entry of each intake air course, in its 
entirety, so that the entire air course is traveled.

[[Page 501]]

    (2) In at least one entry of each return air course, in its 
entirety, so that the entire air course is traveled.
    (3) In each longwall or shortwall travelway in its entirety, so that 
the entire travelway is traveled.
    (4) At each seal along return and bleeder air courses and at each 
seal along intake air courses not examined under Sec. 75.360(b)(5).
    (5) In each escapeway so that the entire escapeway is traveled.
    (6) On each working section not examined under Sec. 75.360(b)(3) 
during the previous 7 days.
    (7) At each water pump not examined during a preshift examination 
conducted during the previous 7 days.
    (c) Measurements and tests. At least every 7 days, a certified 
person shall--
    (1) Determine the volume of air entering the main intakes and in 
each intake split;
    (2) Determine the volume of air and test for methane in the last 
open crosscut in any pair or set of developing entries or rooms, in the 
return of each split of air immediately before it enters the main 
returns, and where the air leaves the main returns; and
    (3) Test for methane in the return entry nearest each set of seals 
immediately after the air passes the seals.
    (d) Hazardous conditions shall be corrected immediately. If the 
condition creates an imminent danger, everyone except those persons 
referred to in Sec. 104(c) of the Act shall be withdrawn from the area 
affected to a safe area until the hazardous condition is corrected.
    (e) The weekly examination may be conducted at the same time as the 
preshift or on-shift examinations.
    (f) (1) The weekly examination is not required during any 7 day 
period in which no one enters any underground area of the mine.
    (2) Except for certified persons required to make examinations, no 
one shall enter any underground area of the mine if a weekly examination 
has not been completed within the previous 7 days.
    (g) Certification. The person making the weekly examinations shall 
certify by initials, date, and the time that the examination was made. 
Certifications and times shall appear at enough locations to show that 
the entire area has been examined.
    (h) Recordkeeping. At the completion of any shift during which a 
portion of a weekly examination is conducted, a record of the results of 
each weekly examination, including a record of hazardous conditions 
found during each examination and their locations, the corrective action 
taken, and the results and location of air and methane measurements, 
shall be made. The results of methane tests shall be recorded as the 
percentage of methane measured by the examiner. The record shall be made 
by the person making the examination or a person designated by the 
operator. If made by a person other than the examiner, the examiner 
shall verify the record by the initials and date by or at the end of the 
shift for which the examination was made. The record shall be 
countersigned by the mine foreman or equivalent mine official by the end 
of the mine foreman's or equivalent mine official's next regularly 
scheduled working shift. The records required by this section shall be 
made in a secure book that is not susceptible to alteration or 
electronically in a computer system so as to be secure and not 
susceptible to alteration.
    (i) Retention period. Records shall be retained at a surface 
location at the mine for at least 1 year and shall be made available for 
inspection by authorized representatives of the Secretary and the 
representative of miners.



Sec. 75.370  Mine ventilation plan; submission and approval.

    (a) (1) The operator shall develop and follow a ventilation plan 
approved by the district manager. The plan shall be designed to control 
methane and respirable dust and shall be suitable to the conditions and 
mining system at the mine. The ventilation plan shall consist of two 
parts, the plan content as prescribed in Sec. 75.371 and the 
ventilation map with information as prescribed in Sec. 75.372. Only 
that portion of the map which contains information required under Sec. 
75.371 will be subject to approval by the district manager.

[[Page 502]]

    (2) The proposed ventilation plan and any revision to the plan shall 
be submitted in writing to the district manager. When revisions to a 
ventilation plan are proposed, only the revised pages, maps, or sketches 
of the plan need to be submitted. When required in writing by the 
district manager, the operator shall submit a fully revised plan by 
consolidating the plan and all revisions in an orderly manner and by 
deleting all outdated material.
    (3) (i) The mine operator shall notify the representative of miners 
at least 5 days prior to submission of a mine ventilation plan and any 
revision to a mine ventilation plan. If requested, the mine operator 
shall provide a copy to the representative of miners at the time of 
notification. In the event of a situation requiring immediate action on 
a plan revision, notification of the revision shall be given, and if 
requested, a copy of the revision shall be provided, to the 
representative of miners by the operator at the time of submittal;
    (ii) A copy of the proposed ventilation plan, and a copy of any 
proposed revision, submitted for approval shall be made available for 
inspection by the representative of miners; and
    (iii) A copy of the proposed ventilation plan, and a copy of any 
proposed revision, submitted for approval shall be posted on the mine 
bulletin board at the time of submittal. The proposed plan or proposed 
revision shall remain posted until it is approved, withdrawn or denied.
    (b) Following receipt of the proposed plan or proposed revision, the 
representative of miners may submit timely comments to the district 
manager, in writing, for consideration during the review process. A copy 
of these comments shall also be provided to the operator by the district 
manager upon request.
    (c) (1) The district manager will notify the operator in writing of 
the approval or denial of approval of a proposed ventilation plan or 
proposed revision. A copy of this notification will be sent to the 
representative of miners by the district manager.
    (2) If the district manager denies approval of a proposed plan or 
revision, the deficiencies of the plan or revision shall be specified in 
writing and the operator will be provided an opportunity to discuss the 
deficiencies with the district manager.
    (d) No proposed ventilation plan shall be implemented before it is 
approved by the district manager. Any intentional change to the 
ventilation system that alters the main air current or any split of the 
main air current in a manner that could materially affect the safety and 
health of the miners, or any change to the information required in Sec. 
75.371 shall be submitted to and approved by the district manager before 
implementation.
    (e) Before implementing an approved ventilation plan or a revision 
to a ventilation plan, persons affected by the revision shall be 
instructed by the operator in its provisions.
    (f) The approved ventilation plan and any revisions shall be--
    (1) Provided upon request to the representative of miners by the 
operator following notification of approval;
    (2) Made available for inspection by the representative of miners; 
and
    (3) Posted on the mine bulletin board within 1 working day following 
notification of approval. The approved plan and revisions shall remain 
posted on the bulletin board for the period that they are in effect.
    (g) The ventilation plan for each mine shall be reviewed every 6 
months by an authorized representative of the Secretary to assure that 
it is suitable to current conditions in the mine.



Sec. 75.371  Mine ventilation plan; contents.

    The mine ventilation plan shall contain the information described 
below and any additional provisions required by the district manager:
    (a) The mine name, company name, mine identification number, and the 
name of the individual submitting the plan information.
    (b) Planned main mine fan stoppages, other than those scheduled for 
testing, maintenance or adjustment, including procedures to be followed 
during these stoppages and subsequent restarts (see Sec. 75.311(a)) and 
the type of device to be used for monitoring main mine fan pressure, if 
other than a pressure recording device (see 75.310(a)(4)).

[[Page 503]]

    (c) Methods of protecting main mine fans and associated components 
from the forces of an underground explosion if a 15-foot offset from the 
nearest side of the mine opening is not provided (see Sec. 
75.310(a)(6)); and the methods of protecting main mine fans and intake 
air openings if combustible material will be within 100 feet of the area 
surrounding the fan or these openings (see Sec. 75.311(f)).
    (d) Persons that will be permitted to enter the mine, the work these 
persons will do while in the mine, and electric power circuits that will 
be energized when a back-up fan system is used that does not provide the 
ventilating quantity provided by the main mine fan (see Sec. 
75.311(c)).
    (e) The locations and operating conditions of booster fans installed 
in anthracite mines (see Sec. 75.302).
    (f) Section and face ventilation systems used, including drawings 
illustrating how each system is used, and a description of each 
different dust suppression system used on equipment on working sections.
    (g) Locations where the air quantities must be greater than 3,000 
cubic feet per minute (see Sec. 75.325(a)(1)).
    (h) In anthracite mines, locations where the air quantities must be 
greater than 1,500 cubic feet per minute (see Sec. 75.325(e)(1)).
    (i) Working places and working faces other than those where coal is 
being cut, mined, drilled for blasting or loaded, where a minimum air 
quantity will be maintained, and the air quantity at those locations 
(see Sec. 75.325(a)(1)).
    (j) The operating volume of machine mounted dust collectors or 
diffuser fans, if used (see Sec. 75.325(a)(3)).
    (k) The minimum mean entry air velocity in exhausting face 
ventilation systems where coal is being cut, mined, drilled for 
blasting, or loaded, if the velocity will be less than 60 feet per 
minute. Other working places where coal is not being cut, mined, drilled 
for blasting or loaded, where at least 60 feet per minute or some other 
minimum mean entry air velocity will be maintained (see Sec. 75.326).
    (l) The maximum distance if greater than 10 feet from each working 
face at which face ventilation control devices will be installed (see 
Sec. 75.330(b)(2)). The working places other than those where coal is 
being cut, mined, drilled for blasting or loaded, where face ventilation 
control devices will be used (see Sec. 75.330(b)(1)(ii).
    (m) The volume of air required in the last open crosscut or the 
quantity of air reaching the pillar line if greater than 9,000 cubic 
feet per minute (see Sec. 75.325(b)).
    (n) In anthracite mines, the volume of air required in the last open 
crosscut or the quantity of air reaching the pillar line if greater than 
5,000 cubic feet per minute (see Sec. 75.325(e)(2)).
    (o) Locations where separations of intake and return air courses 
will be built and maintained to other than the third connecting crosscut 
outby each working face (see Sec. 75.333(b)(1)).
    (p) The volume of air required at the intake to the longwall 
sections, if different than 30,000 cubic feet per minute (see Sec. 
75.325(c)).
    (q) The velocities of air on a longwall or shortwall face, and the 
locations where the velocities must be measured (see Sec. 
75.325(c)(2)).
    (r) The minimum quantity of air that will be provided during the 
installation and removal of mechanized mining equipment, the location 
where this quantity will be provided, and the ventilation controls that 
will be used (see Sec. 75.325(d), (g), and (i)).
    (s) The locations and frequency of the methane tests if required 
more often by Sec. 75.362(d)(1)(iii) (see Sec. 75.362 (d)(1)(iii).
    (t) The locations where samples for ``designated areas'' will be 
collected, including the specific location of each sampling device, and 
the respirable dust control measures used at the dust generating sources 
for these locations (see Sec. 70.208 of this chapter).
    (u) The methane and dust control systems at underground dumps, 
crushers, transfer points, and haulageways.
    (v) Areas in trolley haulage entries where the air velocity will be 
greater than 250 feet per minute and the velocity in these areas (see 
Sec. 75.327(b)).
    (w) Locations where entries will be advanced less than 20 feet from 
the inby rib without a crosscut being provided where a line brattice 
will be required. (see Sec. 75.333(g)).

[[Page 504]]

    (x) A description of the bleeder system to be used, including its 
design (see Sec. 75.334).
    (y) The means for determining the effectiveness of bleeder systems 
(see Sec. 75.334(c)(2)).
    (z) The locations where measurements of methane and oxygen 
concentrations and air quantities and tests to determine whether the air 
is moving in the proper direction will be made to evaluate the 
ventilation of nonpillared worked-out areas (see Sec. 75.364 (a)(1)) 
and the effectiveness of bleeder systems (see Sec. 75.364 (a)(2)(iii). 
Alternative methods of evaluation of the effectiveness of bleeder 
systems (Sec. 75.364 (a)(2)(iv)).
    (aa) The means for adequately maintaining bleeder entries free of 
obstructions such as roof falls and standing water (see Sec. 
75.334(c)(3)).
    (bb) The location of ventilation devices such as regulators, 
stoppings and bleeder connectors used to control air movement through 
worked-out areas (see Sec. 75.334(c)(4)). The location and sequence of 
construction of proposed seals for each worked-out area. (see Sec. 
75.334(e)).
    (cc) In mines with a demonstrated history of spontaneous combustion: 
a description of the measures that will be used to detect methane, 
carbon monoxide, and oxygen concentration during and after pillar 
recovery and in worked-out areas where no pillars have been recovered 
(see Sec. 75.334(f)(1); and, the actions which will be taken to protect 
miners from the hazards associated with spontaneous combustion (see 
Sec. 75.334(f)(2). If a bleeder system will not be used, the methods 
that will be used to control spontaneous combustion, accumulations of 
methane-air mixtures, and other gases, dusts, and fumes in the worked-
out area (see Sec. 75.334(f)(3)).
    (dd) The location of all horizontal degasification holes that are 
longer than 1,000 feet and the location of all vertical degasification 
holes.
    (ee) If methane drainage systems are used, a detailed sketch of each 
system, including a description of safety precautions used with the 
systems.
    (ff) A description of the methods and materials to be used to seal 
worked-out areas if those methods or materials will be different from 
those specified by Sec. 75.335(a)(1).
    (gg) The alternative location for the additional sensing device if 
the device will not be installed on the longwall shearing machine (see 
Sec. 75.342(a)(2)).
    (hh) The ambient level in parts per million of carbon monoxide, and 
the method for determining the ambient level, in all areas where carbon 
monoxide sensors are installed.
    (ii) The locations (designated areas) where dust measurements would 
be made in the belt entry when belt air is used to ventilate working 
sections or areas where mechanized mining equipment is being installed 
or removed, in accordance with Sec. 75.350(b)(3).
    (jj) The locations where velocities in the belt entry exceed limits 
set forth in Sec. 75.350(a)(2), and the maximum approved velocity for 
each location.
    (kk) The locations where air quantities are measured as set forth in 
Sec. 75.350(b)(6).
    (ll) The locations and use of point-feed regulators, in accordance 
with Sec. Sec. 75.350(c) and 75.350(d)(5).
    (mm) The location of any additional carbon monoxide or smoke sensor 
installed in the belt air course, in accordance with Sec. 75.351(e)(5).
    (nn) The length of the time delay or any other method used to reduce 
the number of non-fire related alert and alarm signals from carbon 
monoxide sensors, in accordance with Sec. 75.351(m).
    (oo) The reduced alert and alarm settings for carbon monoxide 
sensors, in accordance with Sec. 75.351(i)(2).
    (pp) The alternate detector and the alert and alarm levels 
associated with the detector, in accordance with Sec. 75.352(e)(7).
    (qq) The distance that separation between the primary escapeway and 
the belt or track haulage entries will be maintained if other than to 
the first connecting crosscut outby the section loading point (see Sec. 
75.380(g)).
    (rr) In anthracite mines, the dimensions of escapeways where the 
pitch of the coal seam does not permit escapeways to be maintained 4 
feet by 5 feet and the locations where these dimensions must be 
maintained (see Sec. 75.381(c)(4)).
    (ss) Areas designated by the district manager where measurements of 
CO

[[Page 505]]

and NO2 concentrations will be made (see Sec. 
70.1900(a)(4)).
    (tt) Location where the air quantity will be maintained at the 
section loading point (see Sec. 75.325(f)(2)).
    (uu) Any additional location(s) required by the district manager 
where a minimum air quantity must be maintained for an individual unit 
of diesel-powered equipment. (see Sec. 75.325(f)(5)).
    (vv) The minimum air quantities that will be provided where multiple 
units of diesel-powered equipment are operated (see Sec. 75.325(g) (1)-
(3) and (i)).
    (ww) The diesel-powered mining equipment excluded from the 
calculation under Sec. 75.325(g). (see Sec. 75.325(h)).
    (xx) Action levels higher than the 50 percent level specified by 
Sec. 70.1900(c). (see Sec. 75.325(j)).

[61 FR 9829, Mar. 11, 1996, as amended at 61 FR 55527, Oct. 25, 1996; 69 
FR 17529, Apr. 2, 2004]



Sec. 75.372  Mine ventilation map.

    (a)(1) At intervals not exceeding 12 months, the operator shall 
submit to the district manager 3 copies of an up-to-date map of the mine 
drawn to a scale of not less than 100 nor more than 500 feet to the 
inch. A registered engineer or a registered surveyor shall certify that 
the map is accurate.
    (2) In addition to the informational requirements of this section 
the map may also be used to depict and explain plan contents that are 
required in Sec. 75.371. Information shown on the map to satisfy the 
requirements of Sec. 75.371 shall be subject to approval by the 
district manager.
    (b) The map shall contain the following information:
    (1) The mine name, company name, mine identification number, a 
legend identifying the scale of the map and symbols used, and the name 
of the individual responsible for the information on the map.
    (2) All areas of the mine, including sealed and unsealed worked-out 
areas.
    (3) All known mine workings that are located in the same coalbed 
within 1,000 feet of existing or projected workings. These workings may 
be shown on a mine map with a scale other than that required by 
paragraph (a) of this section, if the scale does not exceed 2,000 feet 
to the inch and is specified on the map.
    (4) The locations of all known mine workings underlying and 
overlying the mine property and the distance between the mine workings.
    (5) The locations of all known oil and gas wells and all known drill 
holes that penetrate the coalbed being mined.
    (6) The locations of all main mine fans, installed backup fans and 
motors, and each fan's specifications, including size, type, model 
number, manufacturer, operating pressure, motor horsepower, and 
revolutions per minute.
    (7) The locations of all surface mine openings and the direction and 
quantity of air at each opening.
    (8) The elevation at the top and bottom of each shaft and slope, and 
shaft and slope dimensions, including depth and length.
    (9) The direction of air flow in all underground areas of the mine.
    (10) The locations of all active working sections and the four-digit 
identification number for each mechanized mining unit (MMU).
    (11) The location of all escapeways.
    (12) The locations of all ventilation controls, including permanent 
stoppings, overcasts, undercasts, regulators, seals, airlock doors, 
haulageway doors and other doors, except temporary ventilation controls 
on working sections.
    (13) The direction and quantity of air--
    (i) Entering and leaving each split;
    (ii) In the last open crosscut of each set of entries and rooms; and
    (iii) At the intake end of each pillar line, including any longwall 
or shortwall.
    (14) Projections for at least 12 months of anticipated mine 
development, proposed ventilation controls, proposed bleeder systems, 
and the anticipated location of intake and return air courses, belt 
entries, and escapeways.
    (15) The locations of existing methane drainage systems.
    (16) The locations and type of all AMS sensors required by subpart D 
of this part.
    (17) Contour lines that pass through whole number elevations of the 
coalbed being mined. These lines shall be

[[Page 506]]

spaced at 10-foot elevation levels unless a wider spacing is permitted 
by the district manager.
    (18) The location of proposed seals for each worked-out area.
    (19) The entry height, velocity and direction of the air current at 
or near the midpoint of each belt flight where the height and width of 
the entry are representative of the belt haulage entry.
    (20) The location and designation of air courses that have been 
redesignated from intake to return for the purpose of ventilation of 
structures, areas or installations that are required by this subpart D 
to be ventilated to return air courses, and for ventilation of seals.
    (c) The mine map required by Sec. 75.1200 may be used to satisfy 
the requirements for the ventilation map, provided that all the 
information required by this section is contained on the map.

[61 FR 9829, Mar. 11, 1996, as amended at 69 FR 17530, Apr. 2, 2004]



Sec. 75.373  Reopening mines.

    After a mine is abandoned or declared inactive, and before it is 
reopened, mining operations shall not begin until MSHA has been notified 
and has completed an inspection.



Sec. 75.380  Escapeways; bituminous and lignite mines.

    (a) Except in situations addressed in Sec. 75.381, Sec. 75.385 and 
Sec. 75.386, at least two separate and distinct travelable passageways 
shall be designated as escapeways and shall meet the requirements of 
this section.
    (b) (1) Escapeways shall be provided from each working section, and 
each area where mechanized mining equipment is being installed or 
removed, continuous to the surface escape drift opening or continuous to 
the escape shaft or slope facilities to the surface.
    (2) During equipment installation, these escapeways shall begin at 
the projected location for the section loading point. During equipment 
removal, they shall begin at the location of the last loading point.
    (c) The two separate and distinct escapeways required by this 
section shall not end at a common shaft, slope, or drift opening, except 
that multiple compartment shafts or slopes separated by walls 
constructed of noncombustible material may be used as separate and 
distinct passageways.
    (d) Each escapeway shall be--
    (1) Maintained in a safe condition to always assure passage of 
anyone, including disabled persons;
    (2) Clearly marked to show the route and direction of travel to the 
surface;
    (3) Maintained to at least a height of 5 feet from the mine floor to 
the mine roof, excluding the thickness of any roof support, except that 
the escapeways shall be maintained to at least the height of the 
coalbed, excluding the thickness of any roof support, where the coalbed 
is less than 5 feet. In areas of mines where escapeways pass through 
doors, the height may be less than 5 feet, provided that sufficient 
height is maintained to enable miners, including disabled persons, to 
escape quickly in an emergency. In areas of mines developed before 
November 16, 1992, where escapeways pass over or under overcasts or 
undercasts, the height may be less than 5 feet provided that sufficient 
height is maintained to enable miners, including disabled persons, to 
escape quickly in an emergency. When there is a need to determine 
whether sufficient height is provided, MSHA may require a stretcher test 
where 4 persons carry a miner through the area in question on a 
stretcher;
    (4) Maintained at least 6 feet wide except--
    (i) Where necessary supplemental roof support is installed, the 
escapeway shall not be less than 4 feet wide; or
    (ii) Where the route of travel passes through doors or other 
permanent ventilation controls, the escapeway shall be at least 4 feet 
wide to enable miners to escape quickly in an emergency, or
    (iii) Where the alternate escapeway passes through doors or other 
permanent ventilation controls or where supplemental roof support is 
required and sufficient width is maintained to enable miners, including 
disabled persons, to escape quickly in an emergency. When there is a 
need to determine whether sufficient width is provided, MSHA may require 
a stretcher test where 4 persons carry a miner

[[Page 507]]

through the area in question on a stretcher, or
    (iv) Where mobile equipment near working sections, and other 
equipment essential to the ongoing operation of longwall sections, is 
necessary during normal mining operations, such as material cars 
containing rock dust or roof control supplies, or is to be used for the 
evacuation of miners off the section in the event of an emergency. In 
any instance, escapeways shall be of sufficient width to enable miners, 
including disabled persons, to escape quickly in an emergency. When 
there is a need to determine whether sufficient width is provided, MSHA 
may require a stretcher test where 4 persons carry a miner through the 
area in question on a stretcher;
    (5) Located to follow the most direct, safe and practical route to 
the nearest mine opening suitable for the safe evacuation of miners; and
    (6) Provided with ladders, stairways, ramps, or similar facilities 
where the escapeways cross over obstructions.
    (e) Surface openings shall be adequately protected to prevent 
surface fires, fumes, smoke, and flood water from entering the mine.
    (f) Primary escapeway. (1) One escapeway that is ventilated with 
intake air shall be designated as the primary escapeway.
    (2) Paragraphs (f)(3) through (f)(7) of this section apply as 
follows:
    (i) To all areas of a primary escapeway developed on or after 
November 16, 1992;
    (ii) Effective as of June 10, 1997, to all areas of a primary 
escapeway developed between March 30, 1970 and November 16, 1992; and
    (iii) Effective as of June 10, 1997, to all areas of the primary 
escapeway developed prior to March 30, 1970 where separation of the belt 
and trolley haulage entries from the primary escapeway existed prior to 
November 16, 1992.
    (3) The following equipment is not permitted in the primary 
escapeway:
    (i) Mobile equipment hauling coal except for hauling coal incidental 
to cleanup or maintenance of the primary escapeway.
    (ii) Compressors, except--
    (A) Compressors necessary to maintain the escapeway in safe, 
travelable condition;
    (B) Compressors that are components of equipment such as locomotives 
and rock dusting machines; and
    (C) Compressors of less than five horsepower.
    (iii) Underground transformer stations, battery charging stations, 
substations, and rectifiers except--
    (A) Where necessary to maintain the escapeway in safe, travelable 
condition; and
    (B) Battery charging stations and rectifiers and power centers with 
transformers that are either dry-type or contain nonflammable liquid, 
provided they are located on or near a working section and are moved as 
the section advances or retreats.
    (iv) Water pumps, except--
    (A) Water pumps necessary to maintain the escapeway in safe, 
travelable condition;
    (B) Submersible pumps;
    (C) Permissible pumps and associated permissible switchgear;
    (D) Pumps located on or near a working section that are moved as the 
section advances or retreats;
    (E) Pumps installed in anthracite mines; and
    (F) Small portable pumps.
    (4) Mobile equipment operated in the primary escapeway, except for 
continuous miners and as provided in paragraphs (f)(5), (f)(6), and 
(f)(7) of this section, shall be equipped with a fire suppression system 
installed according to Sec. Sec. 75.1107-3 through 75.1107-16 that is--
    (i) Manually operated and attended continuously by a person trained 
in the systems function and use, or
    (ii) A multipurpose dry chemical type capable of both automatic and 
manual activation.
    (5) Personnel carriers and small mobile equipment designed and used 
only for carrying people and small hand tools may be operated in primary 
escapeways if--
    (i) The equipment is provided with a multipurpose dry chemical type 
fire suppression system capable of both automatic and manual activation, 
and the suppression system is suitable for the intended application and 
is listed

[[Page 508]]

or approved by a nationally recognized independent testing laboratory, 
or,
    (ii) Battery powered and provided with two 10 pound multipurpose dry 
chemical portable fire extinguishers.
    (6) Notwithstanding the requirements of paragraph (f)(3)(i), mobile 
equipment not provided with a fire suppression system may operate in the 
primary escapeway if no one is inby except those persons directly 
engaged in using or moving the equipment.
    (7) Notwithstanding the requirements of paragraph (f)(3)(i), mobile 
equipment designated and used only as emergency vehicles or ambulances, 
may be operated in the primary escapeway without fire suppression 
systems.
    (g) Except where separation of belt and trolley haulage entries from 
designated escapeways did not exist before November 15, 1992, and except 
as provided in Sec. 75.350(c), the primary escapeway must be separated 
from belt and trolley haulage entries for its entire length, to and 
including the first connecting crosscut outby each loading point except 
when a greater or lesser distance for this separation is specified and 
approved in the mine ventilation plan and does not pose a hazard to 
miners.
    (h) Alternate escapeway. One escapeway shall be designated as the 
alternate escapeway. The alternate escapeway shall be separated from the 
primary escapeway for its entire length, except that the alternate and 
primary escapeways may be ventilated from a common intake air shaft or 
slope opening.
    (i) Mechanical escape facilities shall be provided and maintained 
for--
    (1) Each shaft that is part of a designated escapeway and is greater 
than 50 feet in depth; and
    (2) Each slope from the coal seam to the surface that is part of a 
designated escapeway and is inclined more than 9 degrees from the 
horizontal.
    (j) Within 30 minutes after mine personnel on the surface have been 
notified of an emergency requiring evacuation, mechanical escape 
facilities provided under paragraph (i) of this section shall be 
operational at the bottom of shaft and slope openings that are part of 
escapeways.
    (k) Except where automatically activated hoisting equipment is used, 
the bottom of each shaft or slope opening that is part of a designated 
escapeway shall be equipped with a means of signaling a surface location 
where a person is always on duty when anyone is underground. When the 
signal is activated or the evacuation of persons underground is 
necessary, the person shall assure that mechanical escape facilities are 
operational as required by paragraph (j) of this section.
    (l)(1) Stairways or mechanical escape facilities shall be installed 
in shafts that are part of the designated escapeways and that are 50 
feet or less in depth, except ladders may be used in shafts that are 
part of the designated escapeways and that are 5 feet or less in depth.
    (2) Stairways shall be constructed of concrete or metal, set on an 
angle not to exceed 45 degrees from the horizontal, and equipped on the 
open side with handrails. In addition, landing platforms that are at 
least 2 feet by 4 feet shall be installed at intervals not to exceed 20 
vertical feet on the stairways and equipped on the open side with 
handrails.
    (3) Ladders shall be constructed of metal, anchored securely, and 
set on an angle not to exceed 60 degrees from the horizontal.
    (m) A travelway designed to prevent slippage shall be provided in 
slope and drift openings that are part of designated escapeways, unless 
mechanical escape facilities are installed.
    (n) Alternate escapeways that are ventilated with return air from 
working sections or areas where mechanized mining equipment is being 
installed or removed that are ventilated with belt air in accordance 
with Sec. 75.350(b) must be provided with a directional lifeline that 
must be:
    (1) Installed from the working sections or areas where mechanized 
mining equipment is being installed or removed continuous to the surface 
escape drift opening or continuous to the escape shaft or slope 
facilities to the surface or to where this escapeway enters into intake 
air.
    (2) Made of durable material.
    (3) Marked with a reflective material every 25 feet.

[[Page 509]]

    (4) Located in such a manner for miners to use effectively to 
escape.
    (5) Have directional indicators, signifying the route of escape, 
placed at intervals not exceeding 100 feet.

[61 FR 9829, Mar. 11, 1996; 61 FR 20877, May 8, 1996, as amended at 61 
FR 55527, Oct. 25, 1996; 69 FR 17530, Apr. 2, 2004]



Sec. 75.381  Escapeways; anthracite mines.

    (a) Except as provided in Sec. Sec. 75.385 and 75.386, at least two 
separate and distinct travelable passageways shall be designated as 
escapeways and shall meet the requirements of this section.
    (b) Escapeways shall be provided from each working section 
continuous to the surface.
    (c) Each escapeway shall be--
    (1) Maintained in a safe condition to always assure passage of 
anyone, including disabled persons;
    (2) Clearly marked to show the route of travel to the surface;
    (3) Provided with ladders, stairways, ramps, or similar facilities 
where the escapeways cross over obstructions; and
    (4) Maintained at least 4 feet wide by 5 feet high. If the pitch or 
thickness of the coal seam does not permit these dimensions to be 
maintained other dimensions may be approved in the ventilation plan.
    (d) Surface openings shall be adequately protected to prevent 
surface fires, fumes, smoke, and flood water from entering the mine.
    (e) Primary escapeway. One escapeway that shall be ventilated with 
intake air shall be designated as the primary escapeway.
    (f) Alternate escapeway. One escapeway that shall be designated as 
the alternate escapeway shall be separated from the primary escapeway 
for its entire length.
    (g) Mechanical escape facilities shall be provided--
    (1) For each shaft or slope opening that is part of a primary 
escapeway; and
    (2) For slopes that are part of escapeways, unless ladders are 
installed.
    (h) Within 30 minutes after mine personnel on the surface have been 
notified of an emergency requiring evacuation, mechanical escape 
facilities shall be operational at the bottom of each shaft and slope 
opening that is part of an escapeway.
    (i) Except where automatically activated hoisting equipment is used, 
the bottom of each shaft or slope opening that is part of a primary 
escapeway shall be equipped with a means of signaling a surface location 
where a person is always on duty when anyone is underground. When the 
signal is activated or the evacuation of personnel is necessary, the 
person on duty shall assure that mechanical escape facilities are 
operational as required by paragraph (h) of this section.



Sec. 75.382  Mechanical escape facilities.

    (a) Mechanical escape facilities shall be provided with overspeed, 
overwind, and automatic stop controls.
    (b) Every mechanical escape facility with a platform, cage, or other 
device shall be equipped with brakes that can stop the fully loaded 
platform, cage, or other device.
    (c) Mechanical escape facilities, including automatic elevators, 
shall be examined weekly. The weekly examination of this equipment may 
be conducted at the same time as a daily examination required by Sec. 
75.1400-3.
    (1) The weekly examination shall include an examination of the 
headgear, connections, links and chains, overspeed and overwind 
controls, automatic stop controls, and other facilities.
    (2) At least once each week, the hoist shall be run through one 
complete cycle of operation to determine that it is operating properly.
    (d) A person trained to operate the mechanical escape facility 
always shall be available while anyone is underground to provide the 
mechanical escape facilities, if required, to the bottom of each shaft 
and slope opening that is part of an escapeway within 30 minutes after 
personnel on the surface have been notified of an emergency requiring 
evacuation. However, no operator is required for automatically operated 
cages, platforms, or elevators.
    (e) Mechanical escape facilities shall have rated capacities 
consistent with the loads handled.
    (f) Manually-operated mechanical escape facilities shall be equipped 
with

[[Page 510]]

indicators that accurately and reliably show the position of the 
facility.
    (g) Certification. The person making the examination as required by 
paragraph (c) of this section shall certify by initials, date, and the 
time that the examination was made. Certifications shall be made at or 
near the facility examined.



Sec. 75.383  Escapeway maps and drills.

    (a) A map shall be posted or readily accessible to all miners in 
each working section, and in each area where mechanized mining equipment 
is being installed or removed. The map shall show the designated 
escapeways from the working section to the location where miners must 
travel to satisfy the escapeway drill specified in paragraph (b)(1) of 
this section. A map showing the main escapeways shall be posted at a 
surface location of the mine where miners congregate, such as at the 
mine bulletin board, bathhouse, or waiting room. All maps shall be kept 
up to date, and any changes in route of travel, locations of doors, or 
directions of airflow shall be shown on the maps by the end of the shift 
on which the changes are made, and affected miners shall be informed of 
the changes before entering the underground areas of the mine. Miners 
underground on a shift when any such change is made shall be immediately 
notified of the change.
    (b) (1) At least once every 90 days, each miner, including miners 
with working stations located between working sections and main 
escapeways, shall participate in a practice escapeway drill. During this 
drill, each miner shall travel the primary or alternate escapeway from 
the miner's working section or area where mechanized mining equipment is 
being installed or removed, to the area where the split of air 
ventilating the working section intersects a main air course, or 2,000 
feet outby the section loading point, whichever distance is greater. 
Other miners shall participate in the escapeway drill by traveling in 
the primary or alternate escapeway for a distance of 2,000 feet from 
their working station toward the nearest escape facility or drift 
opening. An escapeway drill shall not be conducted in the same escapeway 
as the immediately preceding drill.
    (2) At least once every 6 weeks and for each shift, at least two 
miners on each coal producing working section who work on that section, 
accompanied by the section supervisor, shall participate in a practice 
escape drill and shall travel the primary or alternate escapeway from 
the location specified in paragraph (b)(1) of this section, to the 
surface, to mechanical escape facilities, or to an underground entrance 
to a shaft or slope to the surface. Systematic rotation of section 
personnel shall be used so that all miners participate in this drill. An 
escapeway drill shall not be conducted in the same escapeway as the 
immediately preceding drill.
    (3) At least once every 6 weeks, at least two miners on each 
maintenance shift and a supervisor, shall participate in a practice 
escape drill and shall travel the primary or alternate escapeway from 
the location specified in paragraph (b)(1) of this section, to the 
surface, to mechanical escape facilities, or to an underground entrance 
to a shaft or slope to the surface. Systematic rotation of maintenance 
personnel and working sections shall be used so that all miners 
participate in this drill and the escapeways from all sections are 
traveled. An escapeway drill shall not be conducted in the same 
escapeway as the immediately preceding drill.
    (4) Before or during practice escapeway drills, miners shall be 
informed of the locations of fire doors, check curtains, changes in the 
routes of travel, and plans for diverting smoke from escapeways.
    (c) The practice escapeway drills may be used to satisfy the 
evacuation specifications of the fire drills required by Sec. 75.1101-
23.



Sec. 75.384  Longwall and shortwall travelways.

    (a) If longwall or shortwall mining systems are used and the two 
designated escapeways required by Sec. 75.380 are located on the 
headgate side of the longwall or shortwall, a travelway shall be 
provided on the tailgate side of that longwall or shortwall. The 
travelway shall be located to follow the

[[Page 511]]

most direct and safe practical route to a designated escapeway.
    (b) The route of travel shall be clearly marked.
    (c) When a roof fall or other blockage occurs that prevents travel 
in the travelway--
    (1) Work shall cease on the longwall or shortwall face;
    (2) Miners shall be withdrawn from face areas to a safe area outby 
the section loading point; and
    (3) MSHA shall be notified.
    (d) Work may resume on the longwall or shortwall face after the 
procedures set out in Sec. Sec. 75.215 and 75.222 are implemented.



Sec. 75.385  Opening new mines.

    When new mines are opened, no more than 20 miners at a time shall be 
allowed in any mine until a connection has been made between the mine 
openings, and these connections shall be made as soon as possible.



Sec. 75.386  Final mining of pillars.

    When only one mine opening is available due to final mining of 
pillars, no more than 20 miners at a time shall be allowed in the mine, 
and the distance between the mine opening and working face shall not 
exceed 500 feet.



Sec. 75.388  Boreholes in advance of mining.

    (a) Boreholes shall be drilled in each advancing working place when 
the working place approaches--
    (1) To within 50 feet of any area located in the mine as shown by 
surveys that are certified by a registered engineer or registered 
surveyor unless the area has been preshift examined;
    (2) To within 200 feet of any area located in the mine not shown by 
surveys that are certified by a registered engineer or registered 
surveyor unless the area has been preshift examined; or
    (3) To within 200 feet of any mine workings of an adjacent mine 
located in the same coalbed unless the mine workings have been preshift 
examined.
    (b) Boreholes shall be drilled as follows:
    (1) Into the working face, parallel to the rib, and within 3 feet of 
each rib.
    (2) Into the working face, parallel to the rib, and at intervals 
across the face not to exceed 8 feet.
    (3) At least 20 feet in depth in advance of the working face, and 
always maintained to a distance of 10 feet in advance of the working 
face.
    (c) Boreholes shall be drilled in both ribs of advancing working 
places described in paragraph (a) of this section unless an alternative 
drilling plan is approved by the District Manager in accordance with 
paragraph (g) of this section. These boreholes shall be drilled--
    (1) At an angle of 45 degrees to the direction of advance;
    (2) At least 20 feet in depth; and
    (3) At intervals not to exceed 8 feet.
    (d) When a borehole penetrates an area that cannot be examined, and 
before mining continues, a certified person shall, if possible, 
determine--
    (1) The direction of airflow in the borehole;
    (2) The pressure differential between the penetrated area and the 
mine workings;
    (3) The concentrations of methane, oxygen, carbon monoxide, and 
carbon dioxide; and
    (4) Whether water is impounded within the penetrated area.
    (e) Unless action is taken to dewater or to ventilate penetrated 
areas, boreholes shall be plugged with wooden plugs or similar devices 
when--
    (1) Tests conducted at the boreholes show that the atmosphere in the 
penetrated area contains more than 1.0 percent methane, less than 19.5 
percent oxygen, or harmful concentrations of carbon monoxide, carbon 
dioxide or other explosive, harmful or noxious gases;
    (2) Tests for methane, oxygen, carbon monoxide, and carbon dioxide 
cannot be made because air from mine workings is flowing into the 
penetrated area; or
    (3) Water is discharging through the boreholes from the penetrated 
area into the mine workings.
    (f) If mining is to be conducted within 50 feet above or below an 
inaccessible area of another mine, boreholes shall be drilled, as 
necessary, according to a plan approved by the district manager.

[[Page 512]]

    (g) Alternative borehole patterns that provide the same protection 
to miners as the pattern established by paragraphs (b) and (c) of this 
section may be used under a plan approved by the district manager.



Sec. 75.389  Mining into inaccessible areas.

    (a) (1) The operator shall develop and follow a plan for mining into 
areas penetrated by boreholes drilled under Sec. 75.388.
    (2) Mining shall not resume into any area penetrated by boreholes 
until conditions in the penetrated area can be determined under Sec. 
75.388 and the plan for mining-through into the area has been approved 
by the district manager.
    (3) A copy of the procedures to be followed shall be posted near the 
site of the mining-through operations and the operator shall explain 
these procedures to all miners involved in the operations.
    (b) The procedures specified in the plan shall include--
    (1) The method of ventilation, ventilation controls, and the air 
quantities and velocities in the affected working section and working 
place;
    (2) Dewatering procedures to be used if a penetrated area contains a 
water accumulation; and
    (3) The procedures and precautions to be followed during mining-
through operations.
    (c) Except for routine mining-through operations that are part of a 
retreat section ventilation system approved in accordance with Sec. 
75.371(f) and (x), the following provisions shall apply:
    (1) Before and during mining-through operations, a certified person 
shall perform air quality tests at intervals and at locations necessary 
to protect the safety of the miners.
    (2) During mining-through operations, only persons involved in these 
operations shall be permitted in the mine; and
    (3) After mining-through, a certified person shall determine that 
the affected areas are safe before any persons enter the underground 
areas of the mine.



            Subpart E_Combustible Materials and Rock Dusting



Sec. 75.400  Accumulation of combustible materials.

    Coal dust, including float coal dust deposited on rock-dusted 
surfaces, loose coal, and other combustible materials, shall be cleaned 
up and not be permitted to accumulate in active workings, or on diesel-
powered and electric equipment therein.

[61 FR 55527, Oct. 25, 1996]



Sec. 75.400-1  Definitions.

    (a) The term coal dust means particles of coal that can pass a No. 
20 sieve.
    (b) The term float coal dust means the coal dust consisting of 
particles of coal that can pass a No. 200 sieve.
    (c) The term loose coal means coal fragments larger in size than 
coal dust.



Sec. 75.400-2  Cleanup program.

    A program for regular cleanup and removal of accumulations of coal 
and float coal dusts, loose coal, and other combustibles shall be 
established and maintained. Such program shall be available to the 
Secretary or authorized representative.



Sec. 75.401  Abatement of dust; water or water with a wetting agent.

                          [Statutory Provision]

    Where underground mining operations in active workings create or 
raise excessive amounts of dust, water or water with a wetting agent 
added to it, or other no less effective methods approved by the 
Secretary or his authorized representative, shall be used to abate such 
dust. In working places, particularly in distances less than 40 feet 
from the face, water, with or without a wetting agent, or other no less 
effective methods approved by the Secretary or his authorized 
representative, shall be applied to coal dust on the ribs, roof, and 
floor to reduce dispersibility and to minimize the explosion hazard.



Sec. 75.401-1  Excessive amounts of dust.

    The term ``excessive amounts of dust'' means coal and float coal 
dust in

[[Page 513]]

the air in such amounts as to create the potential of an explosion 
hazard.



Sec. 75.402  Rock dusting.

                          [Statutory Provision]

    All underground areas of a coal mine, except those areas in which 
the dust is too wet or too high in incombustible content to propagate an 
explosion, shall be rock dusted to within 40 feet of all working faces, 
unless such areas are inaccessible or unsafe to enter or unless the 
Secretary or his authorized representative permits an exception upon his 
finding that such exception will not pose a hazard to the miners. All 
crosscuts that are less than 40 feet from a working face shall also be 
rock dusted.



Sec. 75.402-1  Definition.

    The term too wet means that sufficient natural moisture is retained 
by the dust that when a ball of finely divided material is squeezed in 
the hands water is exuded.



Sec. 75.402-2  Exceptions.

    Exceptions granted under Sec. 75.402 by the Secretary or his 
authorized representative shall be reviewed periodically.



Sec. 75.403  Maintenance of incombustible content of rock dust.

                          [Statutory Provision]

    Where rock dust is required to be applied, it shall be distributed 
upon the top, floor, and sides of all underground areas of a coal mine 
and maintained in such quantities that the incombustible content of the 
combined coal dust, rock dust, and other dust shall be not less than 65 
per centum, but the incombustible content in the return aircourses shall 
be no less than 80 per centum. Where methane is present in any 
ventilating current, the per centum of incombustible content of such 
combined dusts shall be increased 1.0 and 0.4 per centum for each 0.1 
per centum of methane where 65 and 80 per centum, respectively, of 
incombustibles are required.



Sec. 75.403-1  Incombustible content.

    Moisture contained in the combined coal dust, rock dust and other 
dusts shall be considered as a part of the incombustible content of such 
mixture.



Sec. 75.404  Exemption of anthracite mines.

                          [Statutory Provision]

    Sections 75.401, 75.402, and 75.403 shall not apply to underground 
anthracite mines.



                 Subpart F_Electrical Equipment_General



Sec. 75.500  Permissible electric equipment.

                          [Statutory Provision]

    On and after March 30, 1971:
    (a) All junction or distribution boxes used for making multiple 
power connections inby the last open crosscut shall be permissible;
    (b) All handheld electric drills, blower and exhaust fans, electric 
pumps, and such other low horsepower electric face equipment as the 
Secretary may designate on or before May 30, 1970, which are taken into 
or used inby the last open crosscut of any coal mine shall be 
permissible;
    (c) All electric face equipment which is taken into or used inby the 
last open crosscut of any coal mine classified under any provision of 
law as gassy prior to March 30, 1970, shall be permissible; and
    (d) All other electric face equipment which is taken into or used 
inby the last crosscut of any coal mine, except a coal mine referred to 
in Sec. 75.501, which has not been classified under any provision of 
law as a gassy mine prior to March 30, 1970, shall be permissible.



Sec. 75.500-1  Other low horsepower electric face equipment.

    Other low horsepower electric face equipment designated pursuant to 
the provisions of Sec. 75.500(b) is all other electric-driven mine 
equipment, except low horsepower rock dusting equipment, and employs an 
electric current supplied by either a power conductor or battery and 
consumes not more than

[[Page 514]]

2,250 watts of electricity and which is taken into or used inby the last 
open crosscut.



Sec. 75.501  Permissible electric face equipment; coal seams above water 
table.

                          [Statutory Provision]

    On and after March 30, 1974, all electric face equipment, other than 
equipment referred to in paragraph (b) of Sec. 75.500, which is taken 
into and used inby the last open crosscut of any coal mine which is 
operated entirely in coal seams located above the water table and which 
has not been classified under any provision of law as a gassy mine prior 
to March 30, 1970, and in which one or more openings were made prior to 
December 30, 1969, shall be permissible.



Sec. 75.501-1  Coal seams above the water table.

    As used in Sec. 75.501, the phrase ``coal seams above the water 
table'' means coal seams in a mine which are located at an elevation 
above a river or the tributary of a river into which a local surface 
water system naturally drains.



Sec. 75.501-2  Permissible electric face equipment.

    (a) On and after March 30, 1971, in mines operated entirely in coal 
seams which are located at elevations above the water table:
    (1) All junction or distribution boxes used for making multiple 
power connections inby the last open crosscut shall be permissible; and
    (2) All handheld electric drills, blower and exhaust fans, electric 
pumps, and all other electric-driven mine equipment, except low 
horsepower rock dusting equipment, that employs an electric current 
supplied by either a power conductor or battery and consumes not more 
than 2,250 watts of electricity, which is taken into or used inby the 
last open crosscut shall be permissible.
    (b) On and after March 30, 1974, in mines operated entirely in coal 
seams which are located at elevations above the water table, all 
electric face equipment which is taken into or used inby the last 
crosscut shall be permissible.



Sec. 75.501-3  New openings; mines above water table and never classed 
gassy.

    (a) Where a new opening(s) is proposed to be developed by shaft, 
slope, or drift from the surface to, or in, any coalbed and the operator 
considers such proposed new opening(s) to be a part of a mine coming 
under section 305(a)(2) of the Act and Sec. 75.501 the operator shall 
so notify the District Manager for the District in which the mine is 
located in writing prior to the date any actual development (in coal) 
through such opening(s) is undertaken. Such notification shall include 
the following information:
    (1) Name, address, and identification number of the existing mine.
    (2) A current map of the existing mine clearly setting out the 
proposed new opening(s), mining plan and planned interconnection, if 
any, with existing workings.
    (3) A statement as to when the operator obtained the right to mine 
the coal which the proposed new opening(s) will traverse.
    (4) The name of the coalbeds currently being mined and those which 
the new opening(s) will traverse.
    (5) The expected life of the mine.
    (6) The reason(s) for the proposed new opening(s) (for example, 
haulage, ventilation, drainage, to avoid bad roof, escapeway).

The District Manager shall require submission of any additional 
information he considers pertinent.
    (b) The District Manager shall make a determination based on all of 
the information submitted by the operator as to whether the proposed new 
opening(s) will be considered as a part of the existing mine or as a new 
mine. The following guidelines and criteria shall be used by the 
District Manager in making his determination:
    (1) The effect that the proposed new opening(s) will have on the 
safety of the men working in the existing mine shall be considered of 
primary importance.
    (2) Whether the operator had a right to mine the coal which the 
proposed new openings will traverse prior to the date of enactment of 
the Act (December 30, 1969) and whether the original mining plan 
included mining such coal.

[[Page 515]]

    (3) Whether, in accordance with the usual mining practices common to 
the particular district, the proposed new openings would have been 
considered a new mine or part of the existing mine. A number of factors 
will be considered including, but not limited to:
    (i) The relationship between the coalbeds currently being mined, and 
those proposed to be mined;
    (ii) The distance between existing openings and the proposed new 
opening(s);
    (iii) The projected time elapsing between the start of the new 
opening(s) and planned interconnection, if any, with the existing mine; 
and
    (iv) The projected tonnage of coal which is expected to be mined 
prior to interconnection where interconnection is planned.

The District Manager shall notify the operator in writing within 30 days 
of receiving all of the information, required and requested, of his 
determination. No informal notification shall be given.
    (c) All new opening(s) shall be operated as a new mine prior to 
receiving a written notification from the District Manager that such new 
opening(s) will be considered part of an existing mine coming under 
section 305(a)(2) of the Act and Sec. 75.501.
    (d) Nothing in this Sec. 75.501-3 shall be construed to relieve the 
operator from compliance with any of the mandatory standards contained 
in this Part 75.

[37 FR 8949, May 3, 1972]



Sec. 75.502  Permits for noncompliance.

    An operator need not comply with paragraph (d) of Sec. 75.500 or 
with Sec. 75.501 during the period of time specified in a permit issued 
by the Interim Compliance Panel established by the Act.



Sec. 75.503  Permissible electric face equipment; maintenance.

                         [Statutory Provisions]

    The operator of each coal mine shall maintain in permissible 
condition all electric face equipment required by Sec. Sec. 75.500, 
75.501, 75.504 to be permissible which is taken into or used inby the 
last open crosscut of any such mine.



Sec. 75.503-1  Statement listing all electric face equipment.

    Each operator of a coal mine shall complete and file Mine Safety and 
Health Administration Form No. 6-1496 entitled ``Coal Operator's 
Electrical Survey'' and Form 6-1496 Supplemental entitled ``Operator's 
Survey of Electrical Face Equipment.'' Forms may be obtained from any 
Coal Mine Safety District Office or Subdistrict Office of the Mine 
Safety and Health Administration. Separate forms shall be filed for each 
mine. Copies one and two of the completed form shall be filed with the 
Coal Mine District or Subdistrict Manager for the district in which each 
mine is located on or before May 30, 1970. An operator must list all 
electric face equipment being used at each mine as of the time of 
filing, all such equipment being repaired, and all standby electric 
equipment stored at or in the mine which the operator intends to use as 
face equipment.



Sec. 75.504  Permissibility of new, replacement, used, reconditioned, 
additional, and rebuilt electric face equipment.

    On and after March 30, 1971, all new, replacement, used, 
reconditioned, and additional electric face equipment used in any mine 
referred to in Sec. Sec. 75.500, 75.501, and 75.503 shall be 
permissible and shall be maintained in a permissible condition, and in 
the event of any major overhaul of any item of electric face equipment 
in use on or after March 30, 1971, such equipment shall be put in, and 
thereafter maintained in, a permissible condition, unless in the opinion 
of the Secretary, such equipment or necessary replacement parts are not 
available.

[38 FR 4975, Feb. 23, 1973]



Sec. 75.505  Mines classed gassy; use and maintenance of permissible 
electric face equipment.

                          [Statutory Provision]

    Any coal mine which, prior to March 30, 1970, was classed gassy 
under any provision of law and was required to use permissible electric 
face equipment and to maintain such equipment in a permissible condition 
shall continue to

[[Page 516]]

use such equipment and to maintain such equipment in such condition.



Sec. 75.506  Electric face equipment; requirements for permissibility.

    (a) Electric-driven mine equipment and accessories manufactured on 
or after March 30, 1973, will be permissible electric face equipment 
only (1) if they are fabricated, assembled, or built under an approval, 
or any extension thereof, issued by the Bureau of Mines or the Mine 
Safety and Health Administration in accordance with schedule 2G, or any 
subsequent Bureau of Mines schedule promulgated by the Secretary after 
March 30, 1970, which amends, modifies, or supersedes the permissibility 
requirements of schedule 2G, and (2) if they are maintained in a 
permissible condition.
    (b) Except as provided in paragraph (c) of this Sec. 75.506 
electric-driven mine equipment and accessories manufactured prior to 
March 30, 1973, will be permissible electric face equipment (1) if they 
were fabricated, assembled, or built under an approval, or any extension 
thereof, issued by the Bureau of Mines in accordance with the schedules 
set forth below, and (2) if they are maintained in a permissible 
condition.

Bureau of Mines Schedule 2D, May 23, 1936;
Bureau of Mines Schedule 2E, February 15, 1945;
Bureau of Mines Schedule 2F, August 3, 1955; and
Bureau of Mines Schedule 2G, March 19, 1968.


Copies of these schedules are available at all Coal Mine Safety District 
and Subdistrict Offices of the Bureau of Mines.
    (c) Electric driven mine equipment and accessories bearing the 
Bureau of Mines approval numbers listed in Appendix A to this subpart 
are permissible electric face equipment only if they are maintained in a 
permissible condition.
    (d) The following equipment will be permissible electric face 
equipment only if it is approved under the appropriate parts of this 
chapter, or former Bureau of Mines' approval schedules, and if it is in 
permissible condition:
    (1) Multiple-Shot Blasting Units, part 7 subpart D;
    (2) Electric Cap Lamps, part 19;
    (3) Electric Mine Lamps Other than Standard Cap Lamps, part 20;
    (4) Flame Safety Lamps;
    (5) Portable Methane Detectors, part 22;
    (6) Telephone and Signaling Devices, part 23;
    (7) Single-Shot Blasting Units;
    (8) Lighting Equipment for Illuminating Underground Workings;
    (9) Methane-Monitoring Systems, part 27; and
    (10) Continuous Duty, Warning Light, Portable Methane Detectors, 30 
CFR part 29 contained in the 30 CFR, parts 1-199, edition, revised as of 
July 1, 1999.

[35 FR 17890, Nov. 20, 1970, as amended at 63 FR 47119, Sept. 3, 1998; 
64 FR 43283, Aug. 10, 1999]



Sec. 75.506-1  Electric face equipment; permissible condition; 
maintenance requirements.

    (a) Except as provided in paragraph (b) of this section, electric 
face equipment which meets the requirements for permissibility set forth 
in Sec. 75.506 will be considered to be in permissible condition only 
if it is maintained so as to meet the requirements for permissibility 
set forth in the Bureau of Mines schedule under which such electric face 
equipment was initially approved, or, if the equipment has been 
modified, it is maintained so as to meet the requirements of the 
schedule under which such modification was approved.
    (b) Electric face equipment bearing the Bureau of Mines approval 
number listed in Appendix A of this subpart will be considered to be in 
permissible condition only if it is maintained so as to meet the 
requirements for permissibility set forth in Bureau of Mines Schedule 2D 
or, if such equipment has been modified, it is maintained so as to meet 
the requirements of the schedule under which the modification was 
approved.
    (c) Notwithstanding the provisions of paragraphs (a) and (b) of this 
section, where the minimum requirements for permissibility set forth in 
the appropriate Bureau of Mines schedule under which such equipment or 
modifications were approved have been superseded by the requirements of 
this Part 75, the latter requirements shall be applicable.

[[Page 517]]



Sec. 75.507  Power connection points.

                         [Statutory Provisions]

    Except where permissible power connection units are used, all power-
connection points outby the last open crosscut shall be in intake air.



Sec. 75.507-1  Electric equipment other than power-connection points; 
outby the last open crosscut; return air; permissibility requirements.

    (a) All electric equipment, other than power-connection points, used 
in return air outby the last open crosscut in any coal mine shall be 
permissible except as provided in paragraphs (b) and (c) of this 
section.
    (b) Notwithstanding the provisions of paragraph (a) of this section, 
in any coal mine where nonpermissible electric face equipment may be 
taken into or used inby the last open crosscut until March 30, 1974, 
such nonpermissible electric face equipment may be used in return air 
outby the last open crosscut.
    (c) Notwithstanding the provisions of paragraph (a) of this section, 
in any coal mine where a permit for noncompliance is in effect, 
nonpermissible electric face equipment specified in such permit for 
noncompliance may be used in return air outby the last open crosscut for 
the duration of such permit.

[38 FR 4975, Feb. 23, 1973]



Sec. 75.508  Map of electrical system.

                         [Statutory Provisions]

    The location and the electrical rating of all stationary electric 
apparatus in connection with the mine electric system, including 
permanent cables, switchgear, rectifying substations, transformers, 
permanent pumps, and trolley wires and trolley feeder wires, and 
settings of all direct-current circuit breakers protecting underground 
trolley circuits, shall be shown on a mine map. Any changes made in a 
location, electric rating, or setting shall be promptly shown on the map 
when the change is made. Such map shall be available to an authorized 
representative of the Secretary and to the miners in such mine.



Sec. 75.508-1  Mine tracks.

    When mine track is used as a conductor of a trolley system, the 
location of such track shall be shown on the map required by Sec. 
75.508, with a notation of the number of rails and the size of such 
track expressed in pounds per yard.



Sec. 75.508-2  Changes in electric system map; recording.

    Changes made in the location, electrical rating or setting within 
the mine electrical system shall be recorded on the map of such system 
no later than the end of the next workday following completion of such 
changes.



Sec. 75.509  Electric power circuit and electric equipment; deenergization.

                         [Statutory Provisions]

    All power circuits and electric equipment shall be deenergized 
before work is done on such circuits and equipment, except when 
necessary for trouble shooting or testing.



Sec. 75.510  Energized trolley wires; repair.

                         [Statutory Provisions]

    Energized trolley wires may be repaired only by a person trained to 
perform electrical work and to maintain electrical equipment and the 
operator of a mine shall require that such person wear approved and 
tested insulated shoes and wireman's gloves.



Sec. 75.510-1  Repair of energized trolley wires; training.

    The training referred to in Sec. 75.510 must include training in 
the repair and maintenance of live trolley wires, and in the hazards 
involved in making such repairs, and in the limitations of protective 
clothing used to protect against such hazards.



Sec. 75.511  Low-, medium-, or high-voltage distribution circuits and 
equipment; repair.

                          [Statutory Provision]

    No electrical work shall be performed on low-, medium-, or high-
voltage distribution circuits or equipment, except by a qualified person 
or by a person

[[Page 518]]

trained to perform electrical work and to maintain electrical equipment 
under the direct supervision of a qualified person. Disconnecting 
devices shall be locked out and suitably tagged by the persons who 
perform such work, except that in cases where locking out is not 
possible, such devices shall be opened and suitably tagged by such 
persons. Locks or tags shall be removed only by the persons who 
installed them or, if such persons are unavailable, by persons 
authorized by the operator or his agent.



Sec. 75.511-1  Qualified person.

    To be a qualified person within the meaning of Sec. 75.511, an 
individual must meet the requirements of Sec. 75.153.



Sec. 75.512  Electric equipment; examination, testing and maintenance.

                          [Statutory Provision]

    All electric equipment shall be frequently examined, tested, and 
properly maintained by a qualified person to assure safe operating 
conditions. When a potentially dangerous condition is found on electric 
equipment, such equipment shall be removed from service until such 
condition is corrected. A record of such examinations shall be kept and 
made available to an authorized representative of the Secretary and to 
the miners in such mine.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]



Sec. 75.512-1  Qualified person.

    To be a qualified person within the meaning of Sec. 75.512, an 
individual must meet the requirements of Sec. 75.153.



Sec. 75.512-2  Frequency of examinations.

    The examinations and tests required by Sec. 75.512 shall be made at 
least weekly. Permissible equipment shall be examined to see that it is 
in permissible condition.



Sec. 75.513  Electric conductor; capacity and insulation.

                          [Statutory Provision]

    All electric conductors shall be sufficient in size and have 
adequate current carrying capacity and be of such construction that a 
rise in temperature resulting from normal operation will not damage the 
insulating materials.



Sec. 75.513-1  Electric conductor; size.

    An electric conductor is not of sufficient size to have adequate 
carrying capacity if it is smaller than is provided for in the National 
Electric Code, 1968. In addition, equipment and trailing cables that are 
required to be permissible must meet the requirements of the appropriate 
schedules of the Bureau of Mines.



Sec. 75.514  Electrical connections or splices; suitability.

                          [Statutory Provision]

    All electrical connections or splices in conductors shall be 
mechanically and electrically efficient, and suitable connectors shall 
be used. All electrical connections or splices in insulated wire shall 
be reinsulated at least to the same degree of protection as the 
remainder of the wire.



Sec. 75.515  Cable fittings; suitability.

                          [Statutory Provision]

    Cables shall enter metal frames of motors, splice boxes, and 
electric compartments only through proper fittings. When insulated wires 
other than cables pass through metal frames, the holes shall be 
substantially bushed with insulated bushings.



Sec. 75.516  Power wires; support.

                          [Statutory Provision]

    All power wires (except trailing cables on mobile equipment, 
specially designed cables conducting high-voltage power to underground 
rectifying equipment or transformers, or bare or insulated ground and 
return wires) shall be supported on well-insulated insulators and shall 
not contact combustible material, roof, or ribs.



Sec. 75.516-1  Installed insulators.

    Well-insulated insulators is interpreted to mean well-installed 
insulators. Insulated J-hooks may be used to suspend insulated power 
cables

[[Page 519]]

for temporary installation not exceeding 6 months and for permanent 
installation of control cables such as may be used along belt conveyors.



Sec. 75.516-2  Communication wires and cables; installation; insulation; 
support.

    (a) All communication wires shall be supported on insulated hangers 
or insulated J-hooks.
    (b) All communication cables shall be insulated as required by Sec. 
75.517-1, and shall either be supported on insulated or uninsulated 
hangers or J-hooks, or securely attached to messenger wires, or buried, 
or otherwise protected against mechanical damage in a manner approved by 
the Secretary or his authorized representative.
    (c) All communication wires and cables installed in track entries 
shall, except when a communication cable is buried in accordance with 
paragraph (b) of this section, be installed on the side of the entry 
opposite to trolley wires and trolley feeder wires. Additional 
insulation shall be provided for communication circuits at points where 
they pass over or under any power conductor.
    (d) For purposes of this section, communication cable means two or 
more insulated conductors covered by an additional abrasion-resistant 
covering.

[38 FR 4975, Feb. 23, 1973]



Sec. 75.517  Power wires and cables; insulation and protection.

                         [Statutory Provisions]

    Power wires and cables, except trolley wires, trolley feeder wires, 
and bare signal wires, shall be insulated adequately and fully 
protected.



Sec. 75.517-1  Power wires and cables; insulation and protection.

    Power wires and cables installed on or after March 30, 1970, shall 
have insulation with a dielectric strength at least equal to the voltage 
of the circuit.



Sec. 75.517-2  Plans for insulation of existing bare power wires and 
cables.

    (a) On or before December 31, 1970, plans for the insulation of 
existing bare power wires and cables installed prior to March 30, 1970, 
shall be filed with the District Manager of the Coal Mine Safety 
District in which the mine is located to permit approval and prompt 
implementation of such plans.
    (b) The appropriate District Manager shall notify the operator in 
writing of the approval of a proposed insulation plan. If revisions are 
required for approval, the changes required will be specified.
    (c) An insulation plan shall include the following information:
    (1) Name and address of the company, the mine and the responsible 
officials;
    (2) Map or diagram indicating location of power wires and cables 
required to be insulated;
    (3) Total length of bare power wires and cables required to be 
insulated;
    (4) Schedule for the replacement or insulation of bare power wires 
and cables;
    (5) Type of insulation to be used and the voltage rating as 
indicated by the manufacturer.
    (d) The District Manager shall be guided by the following criteria 
in approving insulation plans on a mine-by-mine basis. Insulation not 
conforming to these criteria may be approved provided the operator can 
satisfy the Mine Safety and Health Administration that the insulation 
will provide no less than the same measure of protection.
    (1) Insulation shall be adequate for the applied voltage of the 
circuit.
    (2) When tubing is used to insulate existing power wires and cables, 
it shall have a dielectric strength at least equal to the voltage of the 
circuit. When the tubing is split for purposes of installation, the 
joints shall be effectively sealed. The butt ends may be sealed with a 
moisture resistant insulating tape.
    (3) When tape is used to insulate existing power wires and cables, 
it shall be applied half-lapped and one thickness of the tape shall have 
a dielectric strength at least equal to the voltage

[[Page 520]]

of the circuit. The tape shall be self-adhesive and moisture resistant.



Sec. 75.518  Electric equipment and circuits; overload and short circuit 
protection.

                          [Statutory Provision]

    Automatic circuit-breaking devices or fuses of the correct type and 
capacity shall be installed so as to protect all electric equipment and 
circuits against short circuit and overloads. Three-phase motors on all 
electric equipment shall be provided with overload protection that will 
deenergize all three phases in the event that any phase is overloaded.



Sec. 75.518-1  Electric equipment and circuits; overload and short 
circuit protection; minimum requirements.

    A device to provide either short circuit protection or protection 
against overload which does not conform to the provisions of the 
National Electric Code, 1968, does not meet the requirement of Sec. 
75.518. In addition, such devices on electric face equipment and 
trailing cables that are required to be permissible must meet the 
requirements of the applicable schedules of the Bureau of Mines.



Sec. 75.518-2  Incandescent lamps, overload and short circuit protection.

    Incandescent lamps installed along haulageways and at other 
locations, not contacting combustible material, and powered from trolley 
or direct current feeder circuits, need not be provided with separate 
short circuit or overload protection, if the lamp is not more than 8 
feet in distance from such circuits.



Sec. 75.519  Main power circuits; disconnecting switches.

                          [Statutory Provision]

    In all main power circuits, disconnecting switches shall be 
installed underground within 500 feet of the bottoms of shafts and 
boreholes through which main power circuits enter the underground area 
of the mine and within 500 feet of all other places where main power 
circuits enter the underground area of the mine.



Sec. 75.519-1  Main power circuits; disconnecting switches; locations.

    Section 75.519 requires (a) that a disconnecting switch be installed 
on the surface at a point within 500 feet of the place where the main 
power circuit enters the underground area of a mine, and (b) that, in an 
instance on which a main power circuit enters the underground area 
through a shaft or borehole, a disconnecting switch be installed 
underground within 500 feet of the bottom of the shaft or borehole.



Sec. 75.520  Electric equipment; switches.

                          [Statutory Provision]

    All electric equipment shall be provided with switches or other 
controls that are safely designed, constructed, and installed.



Sec. 75.521  Lightning arresters; ungrounded and exposed power conductors 
and telephone wires.

    Each ungrounded, exposed power conductor and each ungrounded, 
exposed telephone wire that leads underground shall be equipped with 
suitable lightning arresters of approved type within 100 feet of the 
point where the circuit enters the mine. Lightning arresters shall be 
connected to a low resistance grounding medium on the surface which 
shall be separated from neutral grounds by a distance of not less than 
25 feet.

[38 FR 4975, Feb. 23, 1973]



Sec. 75.522  Lighting devices.

                          [Statutory Provision]

    No device for the purpose of lighting any coal mine which has not 
been approved by the Secretary or his authorized representative shall be 
permitted in such mine.



Sec. 75.522-1  Incandescent and fluorescent lamps.

    (a) Except for areas of a coal mine inby the last open crosscut, 
incandescent lamps may be used to illuminate underground areas. When 
incandescent lamps are used in a track entry or belt entry or near track 
entries to illuminate special areas other than structures, the lamps 
shall be installed in

[[Page 521]]

weather-proof sockets located in positions such that the lamps will not 
come in contact with any combustible material. Lamps used in all other 
places must be of substantial construction and be fitted with a glass 
enclosure.
    (b) Incandescent lamps within glass enclosures or fluorescent lamps 
may be used inside underground structures (except magazines used for the 
storage of explosives and detonators). In underground structures 
lighting circuits shall consist of cables installed on insulators or 
insulated wires installed in metallic conduit or metallic armor.



Sec. 75.523  Electric face equipment; deenergization.

                          [Statutory Provision]

    An authorized representative of the Secretary may require in any 
mine that electric face equipment be provided with devices that will 
permit the equipment to be deenergized quickly in the event of an 
emergency.



Sec. 75.523-1  Deenergization of self-propelled electric face equipment 
installation requirements.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
all self-propelled electric face equipment which is used in the active 
workings of each underground coal mine on and after March 1, 1973, 
shall, in accordance with the schedule of time specified in paragraphs 
(a) (1) and (2) of this section, be provided with a device that will 
quickly deenergize the tramming motors of the equipment in the event of 
an emergency. The requirements of this paragraph (a) shall be met as 
follows:
    (1) On and after December 15, 1974, for self-propelled cutting 
machines, shuttle cars, battery-powered machines, and roof drills and 
bolters;
    (2) On and after February 15, 1975, for all other types of self-
propelled electric face equipment.
    (b) Self-propelled electric face equipment that is equipped with a 
substantially constructed cab which meets the requirements of this part, 
shall not be required to be provided with a device that will quickly 
deenergize the tramming motors of the equipment in the event of an 
emergency.
    (c) An operator may apply to the Director of Technical Support, Mine 
Safety and Health Administration, Department of Labor, 1100 Wilson 
Blvd., Room 2329, Arlington, Virginia 22209-3939 for approval of the 
installation of devices to be used in lieu of devices that will quickly 
deenergize the tramming motors of self-propelled electric face equipment 
in the event of an emergency. The Director of Technical Support may 
approve such devices if he determines that the performance thereof will 
be no less effective than the performance requirements specified in 
Sec. 75.523-2.

[38 FR 3407, Feb. 6, 1973, as amended at 39 FR 27557, July 30, 1974; 43 
FR 12320, Mar. 24, 1978; 47 FR 28096, June 29, 1982; 67 FR 38386, June 
4, 2002]



Sec. 75.523-2  Deenergization of self-propelled electric face equipment; 
performance requirements.

    (a) Deenergization of the tramming motors of self-propelled electric 
face equipment, required by paragraph (a) of Sec. 75.523-1, shall be 
provided by:
    (1) Mechanical actuation of an existing pushbutton emergency 
stopswitch,
    (2) Mechanical actuation of an existing lever emergency stopswitch, 
or
    (3) The addition of a separate electromechanical switch assembly.
    (b) The existing emergency stopswitch or additional switch assembly 
shall be actuated by a bar or lever which shall extend a sufficient 
distance in each direction to permit quick deenergization of the 
tramming motors of self-propelled electric face equipment from all 
locations from which the equipment can be operated.
    (c) Movement of not more than 2 inches of the actuating bar or lever 
resulting from the application of not more than 15 pounds of force upon 
contact with any portion of the equipment operator's body at any point 
along the length of the actuating bar or lever shall cause 
deenergization of the tramming motors of the self-propelled electric 
face equipment.

[38 FR 3406, Feb. 6, 1973; 38 FR 4394, Feb. 14, 1973]

[[Page 522]]



Sec. 75.523-3  Automatic emergency-parking brakes.

    (a) Except for personnel carriers, rubber-tired, self-propelled 
electric haulage equipment used in the active workings of underground 
coal mines shall be equipped with automatic emergency-parking brakes in 
accordance with the following schedule.
    (1) On and after May 23, 1989--
    (i) All new equipment ordered; and
    (ii) All equipment originally furnished with or retrofitted with 
automatic emergency-parking brakes which meet the requirements of this 
section.
    (2) On and after May 23, 1991, all other equipment.
    (b) Automatic emergency-parking brakes shall--
    (1) Be activated immediately by the emergency deenergization device 
required by 30 CFR 75.523-1 and 75.523-2;
    (2) Engage automatically within 5.0 seconds when the equipment is 
deenergized;
    (3) Safely bring the equipment when fully loaded to a complete stop 
on the maximum grade on which it is operated;
    (4) Hold the equipment stationary despite any contraction of brake 
parts, exhaustion of any non-mechanical source of energy, or leakage; 
and
    (5) Release only by a manual control that does not operate any other 
equipment function.
    (c) Automatic emergency-parking brakes shall include a means in the 
equipment operator's compartment to--
    (1) Apply the brakes manually without deenergizing the equipment; 
and
    (2) Release and reengage the brakes without energizing the 
equipment.
    (d) On and after November 24, 1989, rubber-tired, self-propelled 
electric face equipment not covered by paragraph (a) of this section 
shall be equipped with a means incorporated on the equipment and 
operable from each tramming station to hold the equipment stationary--
    (1) On the maximum grade on which it is operated; and
    (2) Despite any contraction of components, exhaustion of any non-
mechanical source of energy, or leakage.
    (e) The brake systems required by paragraphs (a) or (d) of this 
section shall be applied when the equipment operator is not at the 
controls of the equipment, except during movement of disabled equipment.

[54 FR 12412, Mar. 24, 1989]



Sec. 75.524  Electric face equipment; electric equipment used in return 

air outby the last open crosscut; maximum level of alternating or direct 
electric 
          current between frames of equipment.

    The maximum level of alternating or direct electric current that 
exists between the frames of any two units of electric face equipment 
that come in contact with each other in the working places of a coal 
mine, or between the frames of any two units of electric equipment that 
come in contact with each other in return air outby the last open 
crosscut, shall not exceed one ampere as determined from the voltage 
measured across a 0.1 ohm resistor connected between the frames of such 
equipment.

[38 FR 29998, Oct. 31, 1973]

 Appendix A to Subpart F of Part 75--List of Permissible Electric Face 
     Equipment Approved by the Bureau of Mines Prior to May 23, 1936

                       Motor-Driven Mine Equipment
              (Approved Under Schedules 2, 2A, 2B, and 2C)
------------------------------------------------------------------------
               Approval No.                             Date
------------------------------------------------------------------------
             Air Compressors
------------------------------------------
128......................................  March 21, 1927.
128A.....................................  July 16, 1926.
------------------------------------------
                    Coal Drills and Drilling Machines
 
                               Hand Drills
------------------------------------------------------------------------
109......................................  September 19, 1922.
154......................................  August 1, 1928.
184......................................  February 7, 1930.
227......................................  July 29, 1931.
254......................................  July 15, 1933.
------------------------------------------
                               Post Drills
------------------------------------------------------------------------
119......................................  April 15, 1925.
119A.....................................   Do.
225......................................  July 10, 1931.
225A.....................................   Do.
228......................................  August 12, 1931.
228A.....................................  February 17, 1932.
230......................................  August 20, 1931.
230A.....................................   Do.
237......................................  December 1, 1931.
237A.....................................   Do.
------------------------------------------

[[Page 523]]

 
                            Drilling Machines
------------------------------------------------------------------------
147......................................  February 8, 1928.
147A.....................................   Do.
176......................................  September 9, 1929.
176A.....................................   Do.
------------------------------------------
                     Loading and Conveying Equipment
 
                            loading machines
 
                             Unmounted Type
------------------------------------------------------------------------
122......................................  January 8, 1926.
122A.....................................   Do.
------------------------------------------
                        Caterpillar-Mounted Type
------------------------------------------------------------------------
150......................................  May 11, 1928.
186......................................  March 15, 1930.
222......................................  May 8, 1931.
222A.....................................  July 28, 1931.
229......................................  August 17, 1931.
229A.....................................   Do.
235......................................  November 27, 1931.
235A.....................................  October 29, 1931.
278......................................  January 17, 1935.
278A.....................................   Do.
283A.....................................  March 12, 1935.
284A.....................................   Do.
285A.....................................   Do.
294......................................  September 18, 1935.
300A.....................................  May 6, 1936.
127......................................  July 16, 1926.
127A.....................................  September 23, 1927.
------------------------------------------
                           Track-Mounted Type
------------------------------------------------------------------------
194......................................  June 6, 1930.
194A.....................................   Do.
217......................................  February 27, 1931.
217A.....................................   Do.
276......................................  January 11, 1935.
277......................................  January 17, 1935.
282A.....................................  March 12, 1935.
291A.....................................  July 3, 1935.
------------------------------------------
                             Pit-Car Loaders
------------------------------------------------------------------------
167......................................  March 27, 1929.
167A.....................................   Do.
175......................................  July 26, 1929.
175A.....................................  June 24, 1929.
250......................................  December 10, 1932.
250A.....................................   Do.
252A.....................................  February 20, 1933.
------------------------------------------
                                Conveyors
 
                                Belt Type
------------------------------------------------------------------------
236......................................  November 19, 1931.
287A.....................................  March 12, 1935.
296A.....................................  January 6, 1936.
------------------------------------------
                               Chain Type
------------------------------------------------------------------------
151......................................  May 19, 1928.
209......................................  December 2, 1930.
240......................................  March 12, 1932.
240A.....................................   Do.
298A.....................................  March 3, 1936.
------------------------------------------
                        Power Units for Conveyors
------------------------------------------------------------------------
265......................................  February 12, 1934.
265A.....................................  March 19, 1934.
390A.....................................  March 23, 1934.
------------------------------------------
                               Shaker Type
------------------------------------------------------------------------
247......................................  October 21, 1932.
257A.....................................  August 11, 1933.
262A.....................................  December 8, 1933.
271......................................  May 20, 1935.
271A.....................................  October 17, 1934.
274A.....................................  December 13, 1934.
286A.....................................  March 12, 1935.
295......................................  September 20, 1935.
299A.....................................  April 9, 1936.
------------------------------------------
                          Scraper-type Loaders
------------------------------------------------------------------------
138......................................  August 5, 1927.
138A.....................................   Do.
196......................................  September 29, 1930.
196A.....................................  July 26, 1930.
226......................................  July 27, 1931.
255......................................  July 31, 1933.
256......................................   Do.
------------------------------------------
 Mining Machines, Machinery-Moving Equipment, Miscellaneous Trucks, and
                        Water Spray Supply Units
 
                             mining machines
 
                           Shortwall Machines
------------------------------------------------------------------------
103......................................  November 2, 1917.
103A.....................................   Do.
105......................................  February 9, 1922.
105A.....................................   Do.
106......................................   Do.
106A.....................................   Do.
107......................................   Do.
107A.....................................   Do.
108......................................   Do.
108A.....................................   Do.
111......................................  October 16, 1922.
111A.....................................   Do.
113......................................  November 4, 1924.
113A.....................................   Do.
114......................................  February 7, 1925.
114A.....................................   Do.
115......................................   Do.
115A.....................................   Do.
153......................................  July 31, 1928.
153A.....................................   Do.
193......................................  June 3, 1930.
193A.....................................   Do.
197......................................  July 31, 1930.
197A.....................................   Do.
198......................................  August 1, 1930.
198A.....................................   Do.
201......................................  September 8, 1930.
201A.....................................   Do.
204......................................  October 13, 1930.
204A.....................................  December 13, 1930.
223......................................  May 13, 1931.
223A.....................................   Do.
241......................................  March 18, 1932.
241A.....................................   Do.
258......................................  August 15, 1933.
259A.....................................  August 16, 1933.
260A.....................................  August 17, 1933.
273......................................  November 30, 1934.

[[Page 524]]

 
288......................................  March 27, 1935.
288A.....................................   Do.
292......................................  September 11, 1935.
292A.....................................   Do.
293A.....................................   Do.
------------------------------------------
                            Longwall Machines
------------------------------------------------------------------------
185......................................  February 24, 1930.
185A.....................................   Do.
218......................................  March 10, 1931.
218A.....................................   Do.
246......................................  August 19, 1932.
246A.....................................   Do.
261......................................  September 12, 1933.
------------------------------------------
                      Track or caterpillar mounted
------------------------------------------------------------------------
112......................................  March 13, 1924.
112A.....................................   Do.
118......................................  March 12, 1925.
118A.....................................   Do.
125......................................  April 26, 1926.
125A.....................................   Do.
172......................................  April 30, 1929.
172A.....................................   Do.
188......................................  April 15, 1930.
188A.....................................   Do.
207......................................  November 14, 1930.
207A.....................................   Do.
216......................................  February 12, 1931.
216A.....................................   Do.
231......................................  August 31, 1931.
231A.....................................   Do.
242......................................  April 7, 1932.
244......................................  June 18, 1932.
244A.....................................  September 20, 1932.
253A.....................................  February 25, 1933.
267......................................  June 27, 1934.
268A.....................................  July 25, 1934.
269A.....................................  September 24, 1934.
280A.....................................  March 4, 1935.
297......................................  January 27, 1936.
297A.....................................   Do.
------------------------------------------
                               Mine Pumps
------------------------------------------------------------------------
140......................................  November 1, 1927.
140A.....................................   Do.
143......................................   Do.
143A.....................................   Do.
144......................................   Do.
144A.....................................   Do.
199......................................  August 18, 1930.
199A.....................................   Do.
208......................................  November 29, 1930.
210......................................  December 15, 1930.
210A.....................................   Do.
211......................................  December 17, 1930.
211A.....................................   Do.
213......................................  December 29, 1930.
213A.....................................   Do.
214......................................  January 2, 1931.
214A.....................................   Do.
215......................................   Do.
215A.....................................   Do.
248......................................  October 31, 1932.
248A.....................................  November 23, 1932.
264......................................  January 31, 1934.
264A.....................................   Do.
272......................................  October 23, 1934.
272A.....................................   Do.
------------------------------------------
                          Rock-Dusting Machines
------------------------------------------------------------------------
130......................................  November 5, 1926.
137......................................  July 2, 1927.
146......................................  January 20, 1928.
146A.....................................  April 3, 1928.
180......................................  October 30, 1929.
180A.....................................  January 17, 1930.
206......................................  November 12, 1930.
279......................................  February 14, 1935.
------------------------------------------
                      Room and Car-Spotting Hoists
------------------------------------------------------------------------
116......................................  February 13, 1925.
116A.....................................   Do.
164......................................  January 21, 1931.
164A.....................................   Do.
165......................................   Do.
165A.....................................   Do.
169......................................  April 5, 1929.
169A.....................................  February 26, 1934.
190......................................  April 20, 1930.
251A.....................................  January 16, 1933.
263......................................  January 11, 1934.
266A.....................................  February 27, 1934.
------------------------------------------
              Storage-Battery Locomotives and Power Trucks
 
              (Approved under Schedules 15, 2C, 2D, and 2E)
 
                          Gathering Locomotives
------------------------------------------------------------------------
1501.....................................  October 11, 1921.
1502.....................................  November 13, 1922.
1503.....................................  March 24, 1923.
1505.....................................  April 5, 1924.
1507.....................................  August 20, 1925.
1508.....................................  March 21, 1925.
1509.....................................  September 25, 1925.
1511.....................................  November 10, 1925.
1512.....................................  November 11, 1925.
1513.....................................  February 25, 1926.
1516.....................................  December 28, 1926.
1517.....................................  February 10, 1927.
1520.....................................  May 27, 1929.
1521.....................................  June 13, 1930.
1522.....................................  September 12, 1930.
1523.....................................  December 19, 1930.
1525.....................................  July 25, 1934.
1526.....................................  December 20, 1935.
------------------------------------------
                            Tandem Locomotive
------------------------------------------------------------------------
1518.....................................  November 21, 1927.
------------------------------------------
                              Power Trucks
------------------------------------------------------------------------
1506.....................................  May 5, 1924.
1505A....................................  June 21, 1926.
1510C....................................  December 31, 1926.
1514.....................................  December 18, 1926.
1515.....................................  December 28, 1926.
1512C....................................  September 13, 1928.
1519C....................................  April 6, 1929.
1524C....................................  June 25, 1934.
------------------------------------------
                Junction, Distribution, and Splice Boxes
 
                  (Approved under Schedules 2D and 2E)
 
                             Junction Boxes
------------------------------------------------------------------------
400......................................  June 16, 1928.
400A.....................................  August 5, 1925.
401......................................  May 11, 1927.

[[Page 525]]

 
401A.....................................   Do.
402......................................   Do.
402A.....................................   Do.
403......................................  April 14, 1931.
403A.....................................   Do.
405A.....................................  December 4, 1933.
------------------------------------------------------------------------



                        Subpart G_Trailing Cables



Sec. 75.600  Trailing cables; flame resistance.

                         [Statutory Provisions]

    Trailing cables used in coal mines shall meet the requirements 
established by the Secretary for flame-resistant cables.



Sec. 75.600-1  Approved cables; flame resistance.

    Cables shall be accepted or approved by MSHA as flame resistant.

[57 FR 61223, Dec. 23, 1992]



Sec. 75.601  Short circuit protection of trailing cables.

                         [Statutory Provisions]

    Short circuit protection for trailing cables shall be provided by an 
automatic circuit breaker or other no less effective device approved by 
the Secretary of adequate current-interrupting capacity in each 
ungrounded conductor. Disconnecting devices used to disconnect power 
from trailing cables shall be plainly marked and identified and such 
devices shall be equipped or designed in such a manner that it can be 
determined by visual observation that the power is disconnected.



Sec. 75.601-1  Short circuit protection; ratings and settings of circuit 
breakers.

    Circuit breakers providing short circuit protection for trailing 
cables shall be set so as not to exceed the maximum allowable 
instantaneous settings specified in this section; however, higher 
settings may be permitted by an authorized representative of the 
Secretary when he has determined that special applications are 
justified:

------------------------------------------------------------------------
                                                              Maximum
                                                             allowable
                                                              circuit
                Conductor size AWG or MGM                     breaker
                                                           instantaneous
                                                              setting
                                                             (amperes)
------------------------------------------------------------------------
14.......................................................            50
12.......................................................            75
10.......................................................           150
8........................................................           200
6........................................................           300
4........................................................           500
3........................................................           600
2........................................................           800
1........................................................         1,000
1/0......................................................         1,250
2/0......................................................         1,500
3/0......................................................         2,000
4/0......................................................         2,500
250......................................................         2,500
300......................................................         2,500
350......................................................         2,500
400......................................................         2,500
450......................................................         2,500
500......................................................         2,500
------------------------------------------------------------------------



Sec. 75.601-2  Short circuit protection; use of fuses; approval by the 
Secretary.

    Fuses shall not be employed to provide short circuit protection for 
trailing cables unless specifically approved by the Secretary.



Sec. 75.601-3  Short circuit protection; dual element fuses; current 
ratings; maximum values.

    Dual element fuses having adequate current-interrupting capacity 
shall meet the requirements for short circuit protection of trailing 
cables as provided in Sec. 75.601, however, the current ratings of such 
devices shall not exceed the maximum values specified in this section:

------------------------------------------------------------------------
                                     Single conductor    Two conductor
                                          cable              cable
                                   -------------------------------------
    Conductor size (AWG or MGM)                 Max.               Max.
                                    Ampacity    fuse   Ampacity    fuse
                                               rating             rating
------------------------------------------------------------------------
14................................  ........  .......        15       15
12................................  ........  .......        20       20
10................................  ........  .......        25       25
8.................................        60       60        50       50
6.................................        85       90        65       70
4.................................       110      110        90       90
3.................................       130      150       105      110
2.................................       150      150       120      125
1.................................       170      175       140      150
1/0...............................       200      200       170      175
2/0...............................       235      250       195      200
3/0...............................       275      300       225      225
4/0...............................       315      350       260      300
250...............................       350      350       285      300
300...............................       395      400       310      350
350...............................       445      450       335      350
400...............................       480      500       360      400
450...............................       515      600       385      400

[[Page 526]]

 
500...............................       545      600       415      450
------------------------------------------------------------------------



Sec. 75.602  Trailing cable junctions.

                          [Statutory Provision]

    When two or more trailing cables junction to the same distribution 
center, means shall be provided to assure against connecting a trailing 
cable to the wrong size circuit breaker.



Sec. 75.603  Temporary splice of trailing cable.

                          [Statutory Provision]

    One temporary splice may be made in any trailing cable. Such 
trailing cable may only be used for the next 24-hour period. No 
temporary splice shall be made in a trailing cable within 25 feet of the 
machine, except cable reel equipment. Temporary splices in trailing 
cables shall be made in a workmanlike manner and shall be mechanically 
strong and well insulated. Trailing cables or hand cables which have 
exposed wires or which have splices that heat or spark under load shall 
not be used. As used in this section, the term ``splice'' means the 
mechanical joining of one or more conductors that have been severed.



Sec. 75.604  Permanent splicing of trailing cables.

                         [Statutory Provisions]

    When permanent splices in trailing cables are made, they shall be:
    (a) Mechanically strong with adequate electrical conductivity and 
flexibility;
    (b) Effectively insulated and sealed so as to exclude moisture; and
    (c) Vulcanized or otherwise treated with suitable materials to 
provide flame-resistant qualities and good bonding to the outer jacket.
    (d) Made using splice kits accepted or approved by MSHA as flame 
resistant.

[35 FR 17890, Nov. 20, 1970, as amended at 57 FR 61223, Dec. 23, 1992]



Sec. 75.605  Clamping of trailing cables to equipment.

                         [Statutory Provisions]

    Trailing cables shall be clamped to machines in a manner to protect 
the cables from damage and to prevent strain on the electrical 
connections.



Sec. 75.606  Protection of trailing cables.

                         [Statutory Provisions]

    Trailing cables shall be adequately protected to prevent damage by 
mobile equipment.



Sec. 75.607  Breaking trailing cable and power cable connections.

                         [Statutory Provisions]

    Trailing cable and power cable connections to junction boxes shall 
not be made or broken under load.



                           Subpart H_Grounding



Sec. 75.700  Grounding metallic sheaths, armors, and conduits enclosing 
power conductors.

                         [Statutory Provisions]

    All metallic sheaths, armors, and conduits enclosing power 
conductors shall be electrically continuous throughout and shall be 
grounded by methods approved by an authorized representative of the 
Secretary.



Sec. 75.700-1  Approved methods of grounding.

    Metallic sheaths, armors and conduits in resistance grounded systems 
where the enclosed conductors are a part of the system will be approved 
if a solid connection is made to the neutral conductor; in all other 
systems, the following methods of grounding will be approved:
    (a) A solid connection to a borehole casing having low resistance to 
earth;
    (b) A solid connection to metal waterlines having low resistance to 
earth;
    (c) A solid connection to a grounding conductor, other than the 
neutral conductor of a resistance grounded system, extending to a low 
resistance ground field located on the surface;

[[Page 527]]

    (d) Any other method of grounding, approved by an authorized 
representative of the Secretary, which ensures that there is no 
difference in potential between such metallic enclosures and the earth.



Sec. 75.701  Grounding metallic frames, casings, and other enclosures of 
electric equipment.

                         [Statutory Provisions]

    Metallic frames, casings, and other enclosures of electric equipment 
that can become ``alive'' through failure of insulation or by contact 
with energized parts shall be grounded by methods approved by an 
authorized representative of the Secretary.



Sec. 75.701-1  Approved methods of grounding of equipment receiving power 
from ungrounded alternating current power systems.

    For purposes of grounding metallic frames, casings and other 
enclosures of equipment receiving power from ungrounded alternating 
current power systems, the following methods of grounding will be 
approved:
    (a) A solid connection between the metallic frame, casing, or other 
metal enclosure and the grounded metallic sheath, armor, or conduit 
enclosing the power conductor feeding the electrical equipment enclosed;
    (b) A solid connection to a borehole casing having low resistance to 
earth;
    (c) A solid connection to metal waterlines having low resistance to 
earth;
    (d) A solid connection to a grounding conductor extending to a low 
resistance ground field located on the surface;
    (e) Any other method of grounding, approved by an authorized 
representative of the Secretary, which ensures that there is no 
difference in potential between such metal enclosures and the earth.



Sec. 75.701-2  Approved method of grounding metallic frames, casings and 
other enclosures receiving power from single-phase 110-220-volt circuit.

    In instances where single-phase 110-220-volt circuits are used to 
feed electrical equipment, the only method of grounding that will be 
approved is the connection of all metallic frames, casings and other 
enclosures of such equipment to a separate grounding conductor which 
establishes a continuous connection to a grounded center tap of the 
transformer.



Sec. 75.701-3  Approved methods of grounding metallic frames, casings and 

other enclosures of electric equipment receiving power from direct current 
power 
          systems with one polarity grounded.

    For the purpose of grounding metallic frames, casings and enclosures 
of any electric equipment or device-receiving power from a direct-
current power system with one polarity grounded, the following methods 
of grounding will be approved:
    (a) A solid connection to the mine track;
    (b) A solid connection to the grounded power conductor of the 
system;
    (c) Silicon diode grounding; however, this method shall be employed 
only when such devices are installed in accordance with the requirements 
set forth in paragraph (d) of Sec. 75.703-3; and
    (d) Any other method, approved by an authorized representative of 
the Secretary, which insures that there is no difference in potential 
between such metal enclosures and the earth.



Sec. 75.701-4  Grounding wires; capacity of wires.

    Where grounding wires are used to ground metallic sheaths, armors, 
conduits, frames, casings, and other metallic enclosures, such grounding 
wires will be approved if:
    (a) The cross-sectional area (size) of the grounding wire is at 
least one-half the cross-sectional area (size) of the power conductor 
where the power conductor used is No. 6 A.W.G., or larger.
    (b) Where the power conductor used is less than No. 6 A.W.G., the 
cross-sectional area (size) of the grounding wire is equal to the cross-
sectional area (size) of the power conductor.



Sec. 75.701-5  Use of grounding connectors.

    The attachment of grounding wires to a mine track or other grounded 
power conductor will be approved if

[[Page 528]]

separate clamps, suitable for such purpose, are used and installed to 
provide a solid connection.



Sec. 75.702  Protection other than grounding.

                         [Statutory Provisions]

    Methods other than grounding which provide no less effective 
protection may be permitted by the Secretary or his authorized 
representative.



Sec. 75.702-1  Protection other than grounding; approved by an authorized 
representative of the Secretary.

    Under this subpart no method other than grounding may be used to 
ensure against a difference in potential between metallic sheaths, 
armors and conduits, enclosing power conductors and frames, casings and 
metal enclosures of electric equipment, and the earth, unless approved 
by an authorized representative of the Secretary.



Sec. 75.703  Grounding offtrack direct-current machines and the enclosures 
of related detached components.

                         [Statutory Provisions]

    The frames of all offtrack direct-current machines and the 
enclosures of related detached components shall be effectively grounded, 
or otherwise maintained at no less safe voltages, by methods approved by 
an authorized representative of the Secretary.



Sec. 75.703-1  Approved method of grounding.

    In instances where the metal frames both of an offtrack direct-
current machine and of the metal frames of its component parts are 
grounded to the same grounding medium the requirements of Sec. 75.703 
will be met.



Sec. 75.703-2  Approved grounding mediums.

    For purposes of grounding offtrack direct-current machines, the 
following grounding mediums are approved:
    (a) The grounded polarity of the direct-current power system feeding 
such machines; or,
    (b) The alternating current grounding medium where such machines are 
fed by an ungrounded direct-current power system originating in a 
portable rectifier receiving its power from a section power center. 
However, when such a medium is used, a separate grounding conductor must 
be employed.



Sec. 75.703-3  Approved methods of grounding offtrack mobile, portable 
and stationary direct-current machines.

    In grounding offtrack direct-current machines and the enclosures of 
their component parts, the following methods of grounding will meet the 
requirements of Sec. 75.703:
    (a) The use of a separate grounding conductor located within the 
trailing cable of mobile and portable equipment and connected between 
such equipment and the direct-current grounding medium;
    (b) The use of a separate ground conductor located within the 
direct-current power cable feeding stationary equipment and connected 
between such stationary equipment and the direct-current grounding 
medium;
    (c) The use of a separate external ground conductor connected 
between stationary equipment and the direct-current grounding medium; 
or,
    (d) The use of silicon diodes; however, the installation of such 
devices shall meet the following minimum requirements:
    (1) Installation of silicon diodes shall be restricted to electric 
equipment receiving power from a direct-current system with one polarity 
grounded;
    (2) Where such diodes are used on circuits having a nominal voltage 
rating of 250, they must have a forward current rating of 400 amperes or 
more, and have a peak inverse voltage rating of 400 or more;
    (3) Where such diodes are used on circuits having a nominal voltage 
rating of 550, they must have a forward current rating of 250 amperes or 
more, and have a peak inverse voltage rating of 800 or more;
    (4) Where fuses approved by the Secretary are used at the outby end 
of a trailing cable connected to electrical equipment employing silicon 
diodes, the rating of such fuses must not exceed 150 percent of the 
nominal current rating of the grounding diodes;

[[Page 529]]

    (5) Where circuit breakers are used at the outby end of a trailing 
cable connected to electrical equipment employing silicon diodes, the 
instantaneous trip setting shall not exceed 300 percent of the nominal 
current rating of the grounding diode;
    (6) Overcurrent devices must be used and installed in such a manner 
that the operating coil circuit of the main contactor will open when a 
fault current with a value of 25 percent or less of the diode rating 
flows through the diode;
    (7) The silicon diode installed must be suitable to the grounded 
polarity of the power system in which it is used and its threaded base 
must be solidly connected to the machine frame on which it is installed;
    (8) In addition to the grounding diode, a polarizing diode must be 
installed in the machine control circuit to prevent operation of the 
machine when the polarity of a trailing cable is reversed;
    (9) When installed on permissible equipment, all grounding diodes, 
overcurrent devices, and polarizing diodes must be placed in explosion 
proof compartments;
    (10) When grounding diodes are installed on a continuous miner, 
their nominal diode current rating must be at least 750 amperes or more; 
and,
    (11) All grounding diodes shall be tested, examined and maintained 
as electrical equipment in accordance with the provisions of Sec. 
75.512.



Sec. 75.703-4  Other methods of protecting offtrack direct-current 
equipment; approved by an authorized representative of the Secretary.

    Other methods of maintaining safe voltage by preventing a difference 
between the frames of offtract direct-current machines and the earth 
must be approved by an authorized representative of the Secretary.



Sec. 75.704  Grounding frames of stationary high-voltage equipment 
receiving power from ungrounded delta systems.

                         [Statutory Provisions]

    The frames of all stationary high-voltage equipment receiving power 
from ungrounded delta systems shall be grounded by methods approved by 
an authorized representative of the Secretary.



Sec. 75.704-1  Approved methods of grounding.

    The methods of grounding stated in Sec. 75.701-1 will also be 
approved with respect to the grounding of frames of high-voltage 
equipment referred to in Sec. 75.704.



Sec. 75.705  Work on high-voltage lines; deenergizing and grounding.

                         [Statutory Provisions]

    High-voltage lines, both on the surface and underground, shall be 
deenergized and grounded before work is performed on them, except that 
repairs may be permitted, in the case of energized surface high-voltage 
lines, if such repairs are made by a qualified person in accordance with 
procedures and safeguards, including, but not limited to, a requirement 
that the operator of such mine provide, test, and maintain protective 
devices in making such repairs, to be prescribed by the Secretary prior 
to March 30, 1970.



Sec. 75.705-1  Work on high-voltage lines.

    (a) Section 75.705 specifically prohibits work on energized high-
voltage lines underground;
    (b) No high-voltage line, either on the surface or underground, 
shall be regarded as deenergized for the purpose of performing work on 
it, until it has been determined by a qualified person (as provided in 
Sec. 75.153) that such high-voltage line has been deenergized and 
grounded. Such qualified person shall by visual observation (1) 
determine that the disconnecting devices on the high-voltage circuit are 
in open position and (2) ensure that each ungrounded conductor of the 
high-voltage circuit upon which work is to be done is properly connected 
to the system-grounding medium. In the case of resistance grounded or 
solid wye-connected systems, the neutral wire is the system-grounding 
medium. In the case of an ungrounded power system, either the steel 
armor or conduit enclosing the system or a surface grounding field is a 
system grounding medium;
    (c) No work shall be performed on any high-voltage line on the 
surface

[[Page 530]]

which is supported by any pole or structure which also supports other 
high-voltage lines until: (1) All lines supported on the pole or 
structure are deenergized and grounded in accordance with all of the 
provisions of this section which apply to the repair of energized 
surface high-voltage lines; or (2) the provisions of Sec. Sec. 75.705-2 
through 75.705-10 have been complied with, with respect to all lines, 
which are supported on the pole or structure.
    (d) Work may be performed on energized surface high-voltage lines 
only in accordance with the provisions of Sec. Sec. 75.705-2 through 
75.705-10, inclusive.



Sec. 75.705-2  Repairs to energized surface high-voltage lines.

    An energized high-voltage surface line may be repaired only when
    (a) The operator has determined that:
    (1) Such repairs cannot be scheduled during a period when the power 
circuit could be properly deenergized and grounded;
    (2) Such repairs will be performed on power circuits with a phase-
to-phase nominal voltage no greater than 15,000 volts;
    (3) Such repairs on circuits with a phase-to-phase nominal voltage 
of 5,000 volts or more will be performed only with the use of live line 
tools;
    (4) Weather conditions will not interfere with such repairs or 
expose those persons assigned to such work to an imminent danger; and
    (b) The operator has designated a person qualified under the 
provisions of Sec. 75.154 as the person responsible for carrying out 
such repairs and such person, in order to ensure protection for himself 
and other qualified persons assigned to perform such repairs from the 
hazards of such repair, has prepared and filed with the operator:
    (1) A general description of the nature and location of the damage 
or defect to be repaired;
    (2) The general plan to be followed in making such repairs;
    (3) A statement that a briefing of all qualified persons assigned to 
make such repairs was conducted informing them of the general plan, 
their individual assignments, and the dangers inherent in such 
assignments;
    (4) A list of the proper protective equipment and clothing that will 
be provided; and
    (5) Such other information as the person designated by the operator 
feels necessary to describe properly the means or methods to be employed 
in such repairs.



Sec. 75.705-3  Work on energized high-voltage surface lines; reporting.

    Any operator designating and assigning qualified persons to perform 
repairs on energized high-voltage surface lines under the provisions of 
Sec. 75.705-2 shall maintain a record of such repairs. Such record 
shall contain a notation of the time, date, location, and general nature 
of the repairs made, together with a copy of the information filed with 
the operator by the qualified person designated as responsible for 
performing such repairs.



Sec. 75.705-4  Simultaneous repairs.

    When two or more persons are working on an energized high-voltage 
surface line simultaneously, and any one of them is within reach of 
another, such persons shall not be allowed to work on different phases 
or on equipment with different potentials.



Sec. 75.705-5  Installation of protective equipment.

    Before repair work on energized high-voltage surface lines is begun, 
protective equipment shall be used to cover all bare conductors, ground 
wires, guys, telephone lines, and other attachments in proximity to the 
area of planned repairs. Such protective equipment shall be installed 
from a safe position below the conductors or other apparatus being 
covered. Each rubber protective device employed in the making of repairs 
shall have a dielectric strength of 20,000 volts, or more.



Sec. 75.705-6  Protective clothing; use and inspection.

    All persons performing work on energized high-voltage surface lines 
shall wear protective rubber gloves, sleeves, and climber guards if 
climbers are worn. Protective rubber gloves shall not be worn wrong side 
out or without protective leather gloves. Protective devices worn by a 
person assigned to

[[Page 531]]

perform repairs on high-voltage surface lines shall be worn continuously 
from the time he leaves the ground until he returns to the ground, and, 
if such devices are employed for extended periods, such person shall 
visually inspect the equipment assigned him for defects before each use 
and, in no case, less than twice each day.



Sec. 75.705-7  Protective equipment; inspection.

    Each person shall visually inspect protective equipment and clothing 
provided him in connection with work on high-voltage surface lines 
before using such equipment and clothing, and any equipment or clothing 
containing any defect or damage shall be discarded and replaced with 
proper protective equipment or clothing prior to the performance of any 
electrical work on such lines.



Sec. 75.705-8  Protective equipment; testing and storage.

    (a) All rubber protective equipment used on work on energized high-
voltage surface lines shall be electrically tested by the operator in 
accordance with ASTM standards, Part 28, published February 1968, and 
such testing shall be conducted in accordance with the following 
schedule:
    (1) Rubber gloves, once each month;
    (2) Rubber sleeves, once every 3 months;
    (3) Rubber blankets, once every 6 months;
    (4) Insulator hoods and line hose, once a year; and
    (5) Other electric protective equipment, once a year.
    (b) Rubber gloves shall not be stored wrong side out. Blankets shall 
be rolled when not in use, and line hose and insulator hoods shall be 
stored in their natural position and shape.



Sec. 75.705-9  Operating disconnecting or cutout switches.

    Disconnecting or cutout switches on energized high-voltage surface 
lines shall be operated only with insulated sticks, fuse tongs, or 
pullers which are adequately insulated and maintained to protect the 
operator from the voltage to which he is exposed. When such switches are 
operated from the ground, the person operating such devices shall wear 
protective rubber gloves.



Sec. 75.705-10  Tying into energized high-voltage surface circuits.

    If the work of forming an additional circuit by tying into an 
energized high-voltage surface line is performed from the ground, any 
person performing such work must wear and employ all of the protective 
equipment and clothing required under the provisions of Sec. Sec. 
75.705-5 and 75.705-6. In addition, the insulated stick used by such 
person must have been designed for such purpose and must be adequately 
insulated and be maintained to protect such person from the voltage to 
which he is exposed.



Sec. 75.705-11  Use of grounded messenger wires; ungrounded systems.

    Solely for purposes of grounding ungrounded high-voltage power 
systems, grounded messenger wires used to suspend the cables of such 
systems may be used as a grounding medium.



Sec. 75.706  Deenergized underground power circuits; idle days--idle 
shifts.

                         [Statutory Provisions]

    When not in use, power circuits underground shall be deenergized on 
idle days and idle shifts, except that rectifiers and transformers may 
remain energized.



             Subpart I_Underground High-Voltage Distribution



Sec. 75.800  High-voltage circuits; circuit breakers.

                         [Statutory Provisions]

    High-voltage circuits entering the underground area of any coal mine 
shall be protected by suitable circuit breakers of adequate interrupting 
capacity which are properly tested and maintained as prescribed by the 
Secretary. Such breakers shall be equipped with devices to provide 
protection against under-voltage grounded phase, short circuit, and 
overcurrent.

[[Page 532]]



Sec. 75.800-1  Circuit breakers; location.

    Circuit breakers protecting high-voltage circuits entering an 
underground area of any coal mine shall be located on the surface and in 
no case installed either underground or within a drift.



Sec. 75.800-2  Approved circuit schemes.

    The following circuit schemes will be regarded as providing the 
necessary protection to the circuits required by Sec. 75.800:
    (a) Ground check relays may be used for undervoltage protection if 
the relay coils are designed to trip the circuit breaker when line 
voltage decreases to 40 percent to 60 percent of the nominal line 
voltage;
    (b) Ground trip relays on resistance grounded systems will be 
acceptable as grounded phase protection;
    (c) One circuit breaker may be used to protect two or more branch 
circuits, if the circuit breaker is adjusted to afford overcurrent 
protection for the smallest conductor.



Sec. 75.800-3  Testing, examination and maintenance of circuit breakers; 
procedures.

    (a) Circuit breakers and their auxiliary devices protecting 
underground high-voltage circuits shall be tested and examined at least 
once each month by a person qualified as provided in Sec. 75.153;
    (b) Tests shall include: (1) Breaking continuity of the ground check 
conductor, where ground check monitoring is used; and
    (2) Actuating at least two (2) of the auxiliary protective relays.
    (c) Examination shall include visual observation of all components 
of the circuit breaker and its auxiliary devices, and such repairs or 
adjustments as are indicated by such tests and examinations shall be 
carried out immediately.



Sec. 75.800-4  Testing, examination, and maintenance of circuit breakers; 
record.

    (a) Recordkeeping. The operator shall make a record of each test, 
examination, repair, or adjustment of all circuit breakers protecting 
high-voltage circuits which enter any underground area of the mine.
    (b) Record security. These records shall be made in a secure book 
that is not susceptible to alteration or electronically in a computer 
system so as to be secure and not susceptible to alteration.
    (c) Retention and access. These records shall be retained at a 
surface location at the mine for at least one year and shall be made 
available to authorized representatives of the Secretary, the 
representative of miners, and other interested persons.

[64 FR 43287, Aug. 10, 1999]



Sec. 75.801  Grounding resistors.

                         [Statutory Provisions]

    The grounding resistor, where required, shall be of the proper ohmic 
value to limit the voltage drop in the grounding circuit external to the 
resistor to not more than 100 volts under fault conditions. The 
grounding resistor shall be rated for maximum fault current continuously 
and insulated from ground for a voltage equal to the phase-to-phase 
voltage of the system.



Sec. 75.802  Protection of high-voltage circuits extending underground.

    (a) Except as provided in paragraph (b) of this section, high-
voltage circuits extending underground and supplying portable, mobile, 
or, stationary high-voltage equipment shall contain either a direct or 
derived neutral which shall be grounded through a suitable resistor at 
the source transformers, and a grounding circuit, originating at the 
grounded side of the grounding resistor, shall extend along with the 
power conductors and serve as a grounding conductor for the frames of 
all high-voltage equipment supplied power from that circuit.
    (b) Notwithstanding the requirements of paragraph (a) of this 
section, the Secretary or his authorized representative may permit 
ungrounded high-voltage circuits to be extended underground to feed 
stationary electric equipment if:
    (1) Such circuits are either steel armored or installed in grounded, 
rigid steel conduit throughout their entire length; or,

[[Page 533]]

    (2) The voltage of such circuits is nominally 2,400 volts or less 
phase-to-phase and the cables used in such circuits are equipped with 
metallic shields around each power conductor, and contain one or more 
ground conductors having a total cross sectional area of not less than 
one-half the power conductor; and,
    (3) Upon a finding by the Secretary or his authorized representative 
that the use of the circuits described in paragraphs (b) (1) and (2) of 
this section does not pose a hazard to the miners.
    (c) Within 100 feet of the point on the surface where high-voltage 
circuits enter the underground portion of the mine, disconnecting 
devices shall be installed and so equipped or designed in such a manner 
that it can be determined by visual observation that the power is 
disconnected, except that the Secretary or his authorized representative 
may permit such devices to be installed at a greater distance from such 
area of the mine if he determines, based on existing physical 
conditions, that such installation will be more accessible at a greater 
distance and will not pose any hazard to the miners.

[38 FR 4975, Feb. 23, 1973]



Sec. 75.803  Fail safe ground check circuits on high-voltage resistance 
grounded systems.

                         [Statutory Provisions]

    On and after September 30, 1970, high-voltage, resistance grounded 
systems shall include a fail safe ground check circuit to monitor 
continuously the grounding circuit to assure continuity and the fail 
safe ground check circuit shall cause the circuit breaker to open when 
either the ground or pilot check wire is broken, or other no less 
effective device approved by the Secretary or his authorized 
representative to assure such continuity, except that an extension of 
time, not in excess of 12 months, may be permitted by the Secretary on a 
mine-by-mine basis if he determines that such equipment is not 
available.



Sec. 75.803-1  Maximum voltage ground check circuits.

    The maximum voltage used for ground check circuits under Sec. 
75.803 shall not exceed 96 volts.



Sec. 75.803-2  Ground check systems not employing pilot check wires; 
approval by the Secretary.

    Ground check systems not employing pilot check wires will be 
approved only if it is determined that the system includes a fail safe 
design causing the circuit breaker to open when ground continuity is 
broken.



Sec. 75.804  Underground high-voltage cables.

    (a) Underground high-voltage cables used in resistance grounded 
systems shall be equipped with metallic shields around each power 
conductor with one or more ground conductors having a total cross 
sectional area of not less than one-half the power conductor, and with 
an insulated external conductor not smaller than No. 8 (A.W.G.) or an 
insulated internal ground check conductor not smaller than No. 10 
(A.W.G.) for the ground continuity check circuit.
    (b) All such cables shall be adequate for the intended current and 
voltage. Splices made in such cables shall provide continuity of all 
components.

[38 FR 4976, Feb. 23, 1973]



Sec. 75.805  Couplers.

                         [Statutory Provisions]

    Couplers that are used with medium-voltage or high-voltage power 
circuits shall be of the three-phase type with a full metallic shell, 
except that the Secretary may permit, under such guidelines as he may 
prescribe, no less effective couplers constructed of materials other 
than metal. Couplers shall be adequate for the voltage and current 
expected. All exposed metal on the metallic couplers shall be grounded 
to the ground conductor in the cable. The coupler shall be constructed 
so that the ground check continuity conductor shall be broken first and 
the ground

[[Page 534]]

conductors shall be broken last when the coupler is being uncoupled.



Sec. 75.806  Connection of single-phase loads.

                         [Statutory Provisions]

    Single-phase loads, such as transformer primaries, shall be 
connected phase-to-phase.



Sec. 75.807  Installation of high-voltage transmission cables.

                         [Statutory Provisions]

    All underground high-voltage transmission cables shall be installed 
only in regularly inspected air courses and haulageways, and shall be 
covered, buried, or placed so as to afford protection against damage, 
guarded where men regularly work or pass under them unless they are 6\1/
2\ feet or more above the floor or rail, securely anchored, properly 
insulated, and guarded at ends, and covered, insulated, or placed to 
prevent contact with trolley wires and other low-voltage circuits.



Sec. 75.808  Disconnecting devices.

                         [Statutory Provisions]

    Disconnecting devices shall be installed at the beginning of branch 
lines in high-voltage circuits and equipped or designed in such a manner 
that it can be determined by visual observation that the circuit is 
deenergized when the switches are open.



Sec. 75.809  Identification of circuit breakers and disconnecting switches.

                         [Statutory Provisions]

    Circuit breakers and disconnecting switches underground shall be 
marked for identification.



Sec. 75.810  High-voltage trailing cables; splices.

                         [Statutory Provisions]

    In the case of high-voltage cables used as trailing cables, 
temporary splices shall not be used and all permanent splices shall be 
made in accordance with Sec. 75.604. Terminations and splices in all 
other high-voltage cables shall be made in accordance with the 
manufacturer's specifications.



Sec. 75.811  High-voltage underground equipment; grounding.

                         [Statutory Provisions]

    Frames, supporting structures and enclosures of stationary, 
portable, or mobile underground high-voltage equipment and all high-
voltage equipment supplying power to such equipment receiving power from 
resistance grounded systems shall be effectively grounded to the high-
voltage ground.



Sec. 75.812  Movement of high-voltage power centers and portable 
transformers; permit.

                         [Statutory Provisions]

    Power centers and portable transformers shall be deenergized before 
they are moved from one location to another, except that, when equipment 
powered by sources other than such centers or transformers is not 
available, the Secretary may permit such centers and transformers to be 
moved while energized, if he determines that another equivalent or 
greater hazard may otherwise be created, and if they are moved under the 
supervision of a qualified person, and if such centers and transformers 
are examined prior to such movement by such person and found to be 
grounded by methods approved by an authorized representative of the 
Secretary and otherwise protected from hazards to the miner. A record 
shall be kept of such examinations. High-voltage cables, other than 
trailing cables, shall not be moved or handled at any time while 
energized, except that, when such centers and transformers are moved 
while energized as permitted under this section, energized high-voltage 
cables attached to such centers and transformers may be moved only by a 
qualified person and the operator of such mine shall require that such 
person wear approved and tested insulated wireman's gloves.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]

[[Page 535]]



Sec. 75.812-1  Qualified person.

    A person who meets the requirements of Sec. 75.153 is a qualified 
person within the meaning of Sec. 75.812.



Sec. 75.812-2  High-voltage power centers and transformers; record of 
examination.

    The operator shall maintain a record of all examinations conducted 
in accordance with Sec. 75.812. Such record shall be kept in a book 
approved by the Secretary.

                         High-Voltage Longwalls

    Source: 67 FR 11001, Mar. 11, 2002, unless otherwise noted.



Sec. 75.813  High-voltage longwalls; scope.

    Sections 75.814 through 75.822 of this part are electrical safety 
standards that apply to high-voltage longwall circuits and equipment. 
All other existing standards in 30 CFR must also apply to these longwall 
circuits and equipment where appropriate.



Sec. 75.814  Electrical protection.

    (a) High-voltage circuits must be protected against short circuits, 
overloads, ground faults, and undervoltages by circuit-interrupting 
devices of adequate interrupting capacity as follows:
    (1) Current settings of short-circuit protective devices must not 
exceed the setting specified in approval documentation, or seventy-five 
percent of the minimum available phase-to-phase short-circuit current, 
whichever is less.
    (2) Time-delay settings of short-circuit protective devices used to 
protect any cable extending from the section power center to a motor-
starter enclosure must not exceed the settings specified in approval 
documentation, or 0.25-second, whichever is less. Time delay settings of 
short-circuit protective devices used to protect motor and shearer 
circuits must not exceed the settings specified in approval 
documentation, or 3 cycles, whichever is less.
    (3) Ground-fault currents must be limited by a neutral grounding 
resistor to not more than--
    (i) 6.5 amperes when the nominal voltage of the power circuit is 
2,400 volts or less; or
    (ii) 3.75 amperes when the nominal voltage of the power circuit 
exceeds 2,400 volts.
    (4) High-voltage circuits extending from the section power center 
must be provided with--
    (i) Ground-fault protection set to cause deenergization at not more 
than 40 percent of the current rating of the neutral grounding resistor;
    (ii) A backup ground-fault detection device to cause deenergization 
when a ground fault occurs with the neutral grounding resistor open; and
    (iii) Thermal protection for the grounding resistor that will 
deenergize the longwall power center if the resistor is subjected to a 
sustained ground fault. The thermal protection must operate at either 50 
percent of the maximum temperature rise of the grounding resistor, or 
150 [deg]C (302 [deg]F), whichever is less, and must open the ground-
wire monitor circuit for the high-voltage circuit supplying the section 
power center. The thermal protection must not be dependent upon control 
power and may consist of a current transformer and overcurrent relay.
    (5) High-voltage motor and shearer circuits must be provided with 
instantaneous ground-fault protection set at not more than 0.125-ampere.
    (6) Time-delay settings of ground-fault protective devices used to 
provide coordination with the instantaneous ground-fault protection of 
motor and shearer circuits must not exceed 0.25-second.
    (7) Undervoltage protection must be provided by a device which 
operates on loss of voltage to cause and maintain the interruption of 
power to a circuit to prevent automatic restarting of the equipment.
    (b) Current transformers used for the ground-fault protection 
specified in paragraphs (a)(4)(i) and (5) of this section must be single 
window-type and must be installed to encircle all three phase 
conductors. Equipment safety grounding conductors must not pass through 
or be connected in series with ground-fault current transformers.
    (c) Each ground-fault current device specified in paragraphs 
(a)(4)(i) and (5) of this section must be provided with a test circuit 
that will inject a primary

[[Page 536]]

current of 50 percent or less of the current rating of the grounding 
resistor through the current transformer and cause each corresponding 
circuit-interrupting device to open.
    (d) Circuit-interrupting devices must not reclose automatically.
    (e) Where two or more high-voltage cables are used to supply power 
to a common bus in a high-voltage enclosure, each cable must be provided 
with ground-wire monitoring. The ground-wire monitoring circuits must 
cause deenergization of each cable when either the ground-monitor or 
grounding conductor(s) of any cable become severed or open. On or after 
May 10, 2002, parallel connected cables on newly installed longwalls 
must be protected as follows:
    (1) When one circuit-interrupting device is used to protect parallel 
connected cables, the circuit-interrupting device must be electrically 
interlocked with the cables so that the device will open when any cable 
is disconnected; or
    (2) When two or more parallel circuit-interrupting devices are used 
to protect parallel connected cables, the circuit-interrupting devices 
must be mechanically and electrically interlocked. Mechanical 
interlocking must cause all devices to open simultaneously and 
electrical interlocking must cause all devices to open when any cable is 
disconnected.



Sec. 75.815  Disconnect devices.

    (a) The section power center must be equipped with a main 
disconnecting device installed to deenergize all cables extending to 
longwall equipment when the device is in the ``open'' position. See 
Figures I-1 and I-2 in Appendix A to this subpart I.
    (b) Disconnecting devices for motor-starter enclosures must be 
maintained in accordance with the approval requirements of paragraph (f) 
of Sec. 18.53 of part 18 of this chapter. The compartment for the 
disconnect device must be provided with a caution label to warn miners 
against entering the compartment before deenergizing the incoming high-
voltage circuits to the compartment.
    (c) Disconnecting devices must be rated for the maximum phase-to-
phase voltage of the circuit in which they are installed, and for the 
full-load current of the circuit that is supplied power through the 
device.
    (d) Each disconnecting device must be designed and installed so that 
--
    (1) Visual observation determines that the contacts are open without 
removing any cover;
    (2) All load power conductors can be grounded when the device is in 
the ``open'' position; and
    (3) The device can be locked in the ``open'' position.
    (e) Disconnecting devices, except those installed in explosion-proof 
enclosures, must be capable of interrupting the full-load current of the 
circuit or designed and installed to cause the current to be interrupted 
automatically prior to the opening of the contacts of the device. 
Disconnecting devices installed in explosion-proof enclosures must be 
maintained in accordance with the approval requirements of paragraph 
(f)(2)(iv) of Sec. 18.53 of part 18 of this chapter.



Sec. 75.816  Guarding of cables.

    (a) High-voltage cables must be guarded at the following locations:
    (1) Where persons regularly work or travel over or under the cables.
    (2) Where the cables leave cable handling or support systems to 
extend to electric components.
    (b) Guarding must minimize the possibility of miners contacting the 
cables and protect the cables from damage. The guarding must be made of 
grounded metal or nonconductive flame-resistant material.



Sec. 75.817  Cable handling and support systems.

    Longwall mining equipment must be provided with cable-handling and 
support systems that are constructed, installed and maintained to 
minimize the possibility of miners contacting the cables and to protect 
the high-voltage cables from damage.



Sec. 75.818  Use of insulated cable handling equipment.

    (a) Energized high-voltage cables must not be handled except when 
motor or shearer cables need to be trained. When cables need to be

[[Page 537]]

trained, high-voltage insulated gloves, mitts, hooks, tongs, slings, 
aprons, or other personal protective equipment capable of providing 
protection against shock hazard must be used to prevent direct contact 
with the cable.
    (b) High-voltage insulated gloves, sleeves, and other insulated 
personal protective equipment must--
    (1) Have a voltage rating of at least Class 1 (7,500 volts) that 
meets or exceeds ASTM F496-97, ``Standard Specification for In-Service 
Care of Insulating Gloves and Sleeves'' (1997).
    (2) Be examined before each use for visible signs of damage;
    (3) Be removed from the underground area of the mine or destroyed 
when damaged or defective; and
    (4) Be electrically tested every 6 months in accordance with 
publication ASTM F496-97. ASTM F496-97 (Standard Specification for In-
Service Care of Insulating Gloves and Sleeves, 1997) is incorporated by 
reference and may be inspected at any Coal Mine Health and Safety 
District and Subdistrict Office, or at MSHA's Office of Standards, 1100 
Wilson Blvd., Room 2352, Arlington, Virginia 22209-3939, and at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.In addition, copies of the document can 
be purchased from the American Society for Testing and Materials, 100 
Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

[67 FR 11001, Mar. 11, 2002, as amended at 67 FR 38386, June 4, 2002]



Sec. 75.819  Motor-starter enclosures; barriers and interlocks.

    Compartment separation and cover interlock switches for motor-
starter enclosures must be maintained in accordance with the approval 
requirements of paragraphs (a) and (b) of Sec. 18.53 of part 18 of this 
chapter.



Sec. 75.820  Electrical work; troubleshooting and testing.

    (a) Electrical work on all circuits and equipment associated with 
high-voltage longwalls must be performed only by persons qualified under 
Sec. 75.153 to perform electrical work on all circuits and equipment.
    (b) Prior to performing electrical work, except for troubleshooting 
and testing of energized circuits and equipment as provided for in 
paragraph (d) of this section, a qualified person must do the following:
    (1) Deenergize the circuit or equipment with a circuit-interrupting 
device.
    (2) Open the circuit disconnecting device. On high-voltage circuits, 
ground the power conductors until work on the circuit is completed.
    (3) Lock out the disconnecting device with a padlock. When more than 
one qualified person is performing work, each person must install an 
individual padlock.
    (4) Tag the disconnecting device to identify each person working and 
the circuit or equipment on which work is being performed.
    (c) Each padlock and tag must be removed only by the person who 
installed them, except that, if that person is unavailable at the mine, 
the lock and tag may be removed by a person authorized by the operator, 
provided--
    (1) The authorized person is qualified under paragraph (a) of this 
section; and
    (2) The operator ensures that the person who installed the lock and 
tag is aware of the removal before that person resumes work on the 
affected circuit or equipment.
    (d) Troubleshooting and testing of energized circuits must be 
performed only--
    (1) On low- and medium-voltage circuits;
    (2) When the purpose of troubleshooting and testing is to determine 
voltages and currents; and
    (3) By persons qualified to perform electrical work and who wear 
protective gloves on circuits that exceed 40 volts in accordance with 
the following table:

[[Page 538]]



------------------------------------------------------------------------
              Circuit voltage                  Type of glove required
------------------------------------------------------------------------
Greater than 120 volts (nominal) (not       Rubber insulating gloves
 intrinsically safe).                        with leather protectors.
40 volts to 120 volts (nominal) (both       Either rubber insulating
 intrinsically safe and non-intrinsically    gloves with leather
 safe).                                      protectors or dry work
                                             gloves.
Greater than 120 volts (nominal)            Either rubber insulating
 (intrinsically safe).                       gloves with leather
                                             protectors or dry work
                                             gloves.
------------------------------------------------------------------------

    (4) Rubber insulating gloves must be rated at least for the nominal 
voltage of the circuit when the voltage of the circuit exceeds 120 volts 
nominal and is not intrinsically safe.
    (e) Before troubleshooting and testing a low- or medium-voltage 
circuit contained in a compartment with a high-voltage circuit, the 
high-voltage circuit must be deenergized, disconnected, grounded, locked 
out and tagged in accordance with paragraph (b) of this section.
    (f) Prior to the installation or removal of conveyor belt structure, 
high-voltage cables extending from the section power center to longwall 
equipment and located in the belt entries must be:
    (1) Deenergized; or
    (2) Guarded in accordance with Sec. 75.816 of this part, at the 
location where the belt structure is being installed or removed; or
    (3) Located at least 6.5 feet above the mine floor.



Sec. 75.821  Testing, examination and maintenance.

    (a) At least once every 7 days, a person qualified in accordance 
with Sec. 75.153 to perform electrical work on all circuits and 
equipment must test and examine each unit of high-voltage longwall 
equipment and circuits to determine that electrical protection, 
equipment grounding, permissibility, cable insulation, and control 
devices are being properly maintained to prevent fire, electrical shock, 
ignition, or operational hazards from existing on the equipment. Tests 
must include activating the ground-fault test circuit as required by 
Sec. 75.814(c).
    (b) Each ground-wire monitor and associated circuits must be 
examined and tested at least once each 30 days to verify proper 
operation and that it will cause the corresponding circuit-interrupting 
device to open.
    (c) When examinations or tests of equipment reveal a fire, 
electrical shock, ignition, or operational hazard, the equipment must be 
removed from service immediately or repaired immediately.
    (d) At the completion of examinations and tests required by this 
section, the person who makes the examinations and tests must certify by 
signature and date that they have been conducted. A record must be made 
of any unsafe condition found and any corrective action taken. 
Certifications and records must be kept for at least one year and must 
be made available for inspection by authorized representatives of the 
Secretary and representatives of miners.



Sec. 75.822  Underground high-voltage longwall cables.

    In addition to the high-voltage cable design specifications in Sec. 
75.804 of this part, high-voltage cables for use on longwalls may be a 
type SHD cable with a center ground-check conductor no smaller than a 
No. 16 AWG stranded conductor. The cables must be MSHA accepted as 
flame-resistant under part 18 or approved under subpart K of part 7.

[[Page 539]]

Appendix A to Subpart I to Part 75--Diagrams of Inby and Outby Switching
[GRAPHIC] [TIFF OMITTED] TR17AP02.030


[67 FR 11001, Mar. 11, 2002; 67 FR 18823, Apr. 17, 2002]

[[Page 540]]

   Subpart J_Underground Low- and Medium-Voltage Alternating Current 
                                Circuits



Sec. 75.900  Low- and medium-voltage circuits serving three-phase 
          alternating current equipment; circuit breakers.

                         [Statutory Provisions]

    Low- and medium-voltage power circuits serving three-phase 
alternating current equipment shall be protected by suitable circuit 
breakers of adequate interrupting capacity which are properly tested and 
maintained as prescribed by the Secretary. Such breakers shall be 
equipped with devices to provide protection against undervoltage, 
grounded phase, short circuit, and overcurrent.



Sec. 75.900-1  Circuit breakers; location.

    Circuit breakers used to protect low-and medium-voltage circuits 
underground shall be located in areas which are accessible for 
inspection, examination, and testing, have safe roofs, and are clear of 
any moving equipment used in haulageways.



Sec. 75.900-2  Approved circuit schemes.

    The following circuit schemes will be regarded as providing the 
necessary protection to the circuit required by Sec. 75.900:
    (a) Ground check relays may be used for undervoltage protection if 
the relay coils are designed to trip the circuit breaker when line 
voltage decreases to 40 to 60 percent of the nominal line voltage.
    (b) One undervoltage device installed in the main secondary circuit 
at the source transformer may be used to provide undervoltage protection 
for each circuit that receives power from that transformer.
    (c) One circuit breaker may be used to protect two or more branch 
circuits if the circuit breaker is adjusted to afford overcurrent 
protection for the smallest conductor.
    (d) Circuit breakers with shunt trip, series trip or undervoltage 
release devices may be used if the tripping elements of such devices are 
selected or adjusted in accordance with the settings listed in the 
tables of the National Electric Code, 1968.



Sec. 75.900-3  Testing, examination, and maintenance of circuit 
          breakers; procedures.

    Circuit breakers protecting low- and medium-voltage alternating 
current circuits serving three-phase alternating current equipment and 
their auxiliary devices shall be tested and examined at least once each 
month by a person qualified as provided in Sec. 75.153. In performing 
such tests, actuating any of the circuit breaker auxiliaries or control 
circuits in any manner which causes the circuit breaker to open, shall 
be considered a proper test. All components of the circuit breaker and 
its auxiliary devices shall be visually examined and such repairs or 
adjustments as are indicated by such tests and examinations shall be 
carried out immediately.



Sec. 75.900-4  Testing, examination, and maintenance of circuit 
          breakers; record.

    The operator of any coal mine shall maintain a written record of 
each test, examination, repair, or adjustment of all circuit breakers 
protecting low- and medium-voltage circuits serving three-phase 
alternating current equipment used in the mine. Such record shall be 
kept in a book approved by the Secretary.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]



Sec. 75.901  Protection of low- and medium-voltage three-phase circuits 
          used underground.

                         [Statutory Provisions]

    (a) Low- and medium-voltage three-phase alternating-current circuits 
used underground shall contain either a direct or derived neutral which 
shall be grounded through a suitable resistor at the power center, and a 
grounding circuit, originating at the grounded side of the grounding 
resistor, shall extend along with the power conductors and serve as a 
grounding conductor for the frames of all the electrical equipment 
supplied power from that circuit, except that the Secretary or his 
authorized representative may permit

[[Page 541]]

ungrounded low- and medium-voltage circuits to be used underground to 
feed such stationary electrical equipment if such circuits are either 
steel armored or installed in grounded rigid steel conduit throughout 
their entire length. The grounding resistor, where required, shall be of 
the proper ohmic value to limit the ground fault current to 25 amperes. 
The grounding resistor shall be rated for maximum fault current 
continuously and insulated from ground for a voltage equal to the phase-
to-phase voltage of the system.



Sec. 75.902  Low- and medium-voltage ground check monitor circuits.

                         [Statutory Provisions]

    On or before September 30, 1970, low- and medium-voltage resistance 
grounded systems shall include a fail-safe ground check circuit to 
monitor continuously the grounding circuit to assure continuity which 
ground check circuit shall cause the circuit breaker to open when either 
the ground or pilot check wire is broken, or other no less effective 
device approved by the Secretary or his authorized representative to 
assure such continuity, except that an extention of time, not in excess 
of 12 months, may be permitted by the Secretary on a mine-by-mine basis 
if he determines that such equipment is not available. Cable couplers 
shall be constructed so that the ground check continuity conductor shall 
be broken first and the ground conductors shall be broken last when the 
coupler is being uncoupled.



Sec. 75.902-1  Maximum voltage ground check circuits.

    The maximum voltage used for such ground check circuits shall not 
exceed 40 volts.



Sec. 75.902-2  Approved ground check systems not employing pilot check 
          wires.

    Ground check systems not employing pilot check wires will be 
approved only if it is determined that the system includes a fail safe 
design causing the circuit breaker to open when ground continuity is 
broken.



Sec. 75.902-4  Attachment of ground conductors and ground check wires 
          to equipment frames; use of separate connections.

    In grounding equipment frames of all stationary, portable or mobile 
equipment receiving power from resistance grounded systems separate 
connections shall be used when practicable.



Sec. 75.903  Disconnecting devices.

                         [Statutory Provisions]

    Disconnecting devices shall be installed in conjunction with the 
circuit breaker to provide visual evidence that the power is 
disconnected.



Sec. 75.904  Identification of circuit breakers.

                         [Statutory Provisions]

    Circuit breakers shall be marked for identification.



Sec. 75.905  Connection of single-phase loads.

                         [Statutory Provisions]

    Single-phase loads shall be connected phase-to-phase.



Sec. 75.906  Trailing cables for mobile equipment, ground wires, and 
          ground check wires.

                         [Statutory Provisions]

    Trailing cables for mobile equipment shall contain one or more 
ground conductors having a cross-sectional area of not less than one-
half the power conductor, and, on September 30, 1970, an insulated 
conductor for the ground continuity check circuit or other no less 
effective device approved by the Secretary or his authorized 
representative to assure such continuity, except that an extension of 
time, not in excess of 12 months may be permitted by the Secretary on a 
mine-by-mine basis if he determines that such equipment is not 
available. Splices made in the cables shall provide continuity of all 
components.

[[Page 542]]



Sec. 75.907  Design of trailing cables for medium-voltage circuits.

                         [Statutory Provisions]

    Trailing cables for medium-voltage circuits shall include grounding 
conductors, a ground check conductor, and grounded metallic shields 
around each power conductor or a ground metallic shield over the 
assembly, except that on equipment employing cable reels, cables without 
shields may be used if the insulation is rated 2,000 volts or more.

            Subpart K_Trolley Wires and Trolley Feeder Wires



Sec. 75.1000  Cutout switches.

                         [Statutory Provisions]

    Trolley wires and trolley feeder wires, shall be provided with 
cutout switches at intervals of not more than 2,000 feet and near the 
beginning of all branch lines.



Sec. 75.1001  Overcurrent protection.

                         [Statutory Provisions]

    Trolley wires and trolley feeder wires shall be provided with 
overcurrent protection.



Sec. 75.1001-1  Devices for overcurrent protection; testing and 
          calibration requirements; records.

    (a) Automatic circuit interrupting devices that will deenergize the 
affected circuit upon occurrence of a short circuit at any point in the 
system will meet the requirements of Sec. 75.1001.
    (b) Automatic circuit interrupting devices described in paragraph 
(a) of this section shall be tested and calibrated at intervals not to 
exceed six months. Testing of such devices shall include passing the 
necessary amount of electric current through the device to cause 
activation. Calibration of such devices shall include adjustment of all 
associated relays to 15 percent of the indicated 
value. An authorized representative of the Secretary may require 
additional testing or calibration of these devices.
    (c) A record of the tests and calibrations required by paragraph (b) 
of this section shall be kept, and shall be made available, upon 
request, to an authorized representative of the Secretary.

[38 FR 29998, Oct. 31, 1973, as amended at 60 FR 33723, June 29, 1995]



Sec. 75.1002  Installation of electric equipment and conductors; 
          permissibility.

    (a) Electric equipment must be permissible and maintained in a 
permissible condition when such equipment is located within 150 feet of 
pillar workings or longwall faces.
    (b) Electric conductors and cables installed in or inby the last 
open crosscut or within 150 feet of pillar workings or longwall faces 
must be--
    (1) Shielded high-voltage cables supplying power to permissible 
longwall equipment;
    (2) Interconnecting conductors and cables of permissible longwall 
equipment;
    (3) Conductors and cables of intrinsically safe circuits; and
    (4) Cables and conductors supplying power to low- and medium-voltage 
permissible equipment.

[67 FR 11004, Mar. 11, 2002]



Sec. 75.1003  Insulation of trolley wires, trolley feeder wires and 

          bare signal wires; guarding of trolley wires and trolley 
          feeder wires.

                         [Statutory Provisions]

    Trolley wires, trolley feeder wires, and bare signal wires shall be 
insulated adequately where they pass through doors and stoppings, and 
where they cross other power wires and cables. Trolley wires and trolley 
feeder wires shall be guarded adequately:
    (a) At all points where men are required to work or pass regularly 
under the wires;
    (b) On both sides of all doors and stoppings; and
    (c) At man-trip stations.

The Secretary or his authorized representatives shall specify other 
conditions where trolley wires and trolley

[[Page 543]]

feeder wires shall be adequately protected to prevent contact by any 
person, or shall require the use of improved methods to prevent such 
contact. Temporary guards shall be provided where trackmen and other 
persons work in proximity to trolley wires and trolley feeder wires.



Sec. 75.1003-1  Other requirements for guarding of trolley wires and 
          trolley feeder wires.

    Adequate precaution shall be taken to insure that equipment being 
moved along haulageways will not come in contact with trolley wires or 
trolley feeder wires.



Sec. 75.1003-2  Requirements for movement of off-track mining equipment 

          in areas of active workings where energized trolley wires or 
          trolley feeder wires are present; pre-movement requirements; 
          certified and qualified persons.

    (a) Prior to moving or transporting any unit of off-track mining 
equipment in areas of the active workings where energized trolley wires 
or trolley feeder wires are present:
    (1) The unit of equipment shall be examined by a certified person to 
ensure that coal dust, float coal dust, loose coal oil, grease, and 
other combustible materials have been cleaned up and have not been 
permitted to accumulate on such unit of equipment; and,
    (2) A qualified person, as specified in Sec. 75.153 of this part, 
shall examine the trolley wires, trolley feeder wires, and the 
associated automatic circuit interrupting devices provided for short 
circuit protection to ensure that proper short circuit protection 
exists.
    (b) A record shall be kept of the examinations required by paragraph 
(a) of this section, and shall be made available, upon request, to an 
authorized representative of the Secretary.
    (c) Off-track mining equipment shall be moved or transported in 
areas of the active workings where energized trolley wires or trolley 
feeder wires are present only under the direct supervision of a 
certified person who shall be physically present at all times during 
moving or transporting operations.
    (d) The frames of off-track mining equipment being moved or 
transported, in accordance with this section, shall be covered on the 
top and on the trolley wire side with fire-resistant material which has 
met the applicable requirements of Part 18 of Subchapter D of this 
chapter (Bureau of Mines Schedule 2G).
    (e) Electrical contact shall be maintained between the mine track 
and the frames of off-track mining equipment being moved in-track and 
trolley entries, except that rubber-tired equipment need not be grounded 
to a transporting vehicle if no metal part of such rubber-tired 
equipment can come into contact with the transporting vehicle.
    (f) A minimum vertical clearance of 12 inches shall be maintained 
between the farthest projection of the unit of equipment which is being 
moved and the energized trolley wires or trolley feeder wires at all 
times during the movement or transportation of such equipment; provided, 
however, that if the height of the coal seam does not permit 12 inches 
of vertical clearance to be so maintained, the following additional 
precautions shall be taken:
    (1)(i) Except as provided in paragraph (f)(1)(ii) of this section 
electric power shall be supplied to the trolley wires or trolley feeder 
wires only from outby the unit of equipment being moved or transported.
    (ii) Where direct current electric power is used and such electric 
power can be supplied only from inby the equipment being moved or 
transported, power may be supplied from inby such equipment provided a 
miner with the means to cut off the power, and in direct communication 
with persons actually engaged in the moving or transporting operation, 
is stationed outby the equipment being moved.
    (2) The settings of automatic circuit interrupting devices used to 
provide short circuit protection for the trolley circuit shall be 
reduced to not more than one-half of the maximum current that could flow 
if the equipment being moved or transported were to come into contact 
with the trolley wire or trolley feeder wire;
    (3) At all times the unit of equipment is being moved or 
transported, a miner shall be stationed at the first automatic circuit 
breaker outby the equipment being moved and such miner shall be: (i) In 
direct communication with

[[Page 544]]

persons actually engaged in the moving or transporting operation, and 
(ii) capable of communicating with the responsible person on the surface 
required to be on duty in accordance with Sec. 75.1600-1 of this part;
    (4) Where trolley phones are utilized to satisfy the requirements of 
paragraph (f)(3) of this section, telephones or other equivalent two-way 
communication devices that can readily be connected with the mine 
communication system shall be carried by the miner stationed at the 
first automatic circuit breaker outby the equipment being moved and by a 
miner actually engaged in the moving or transporting operation; and,
    (5) No person shall be permitted to be inby the unit of equipment 
being moved or transported, in the ventilating current of air that is 
passing over such equipment, except those persons directly engaged in 
moving such equipment.
    (g) The provisions of paragraphs (a) through (f) of this section 
shall not apply to units of mining equipment that are transported in 
mine cars, provided that no part of the equipment extends above or over 
the sides of the mine car.

[38 FR 29998, Oct. 31, 1973, as amended at 60 FR 33723, June 29, 1995]

                        Subpart L_Fire Protection



Sec. 75.1100  Requirements.

                          [Statutory Provision]

    Each coal mine shall be provided with suitable firefighting 
equipment adapted for the size and conditions of the mine. The Secretary 
shall establish minimum requirements of the type, quality, and quantity 
of such equipment.



Sec. 75.1100-1  Type and quality of firefighting equipment.

    Firefighting equipment required under this subpart shall meet the 
following minimum requirements:
    (a) Waterlines: Waterlines shall be capable of delivering 50 gallons 
of water a minute at a nozzle pressure of 50 pounds per square inch.
    (b) Portable water cars: A portable water car shall be of at least 
1,000 gallons capacity (500 gallons capacity for anthracite mines) and 
shall have at least 300 feet of fire hose with nozzles. A portable water 
car shall be capable of providing a flow through the hose of 50 gallons 
of water per minute at a nozzle pressure of 50 pounds per square inch.
    (c) A portable chemical car shall carry enough chemicals to provide 
a fire extinguishing capacity equivalent to that of a portable water 
car.
    (d) Portable foam-generating machines or devices: A portable foam-
generating machine or device shall have facilities and equipment for 
supplying the machine with 30 gallons of water per minute at 30 pounds 
per square inch for a period of 35 minutes.
    (e) Portable fire extinguisher: A portable fire extinguisher shall 
be either (1) a multipurpose dry chemical type containing a nominal 
weight of 5 pounds of dry powder and enough expellant to apply the 
powder or (2) a foam-producing type containing at least 2\1/2\ gallons 
of foam-producing liquids and enough expellant to supply the foam. Only 
fire extinguishers approved by the Underwriters Laboratories, Inc., or 
Factory Mutual Research Corp., carrying appropriate labels as to type 
and purpose, shall be used. After March 30, 1971, all new portable fire 
extinguishers acquired for use in a coal mine shall have a 2A 10 BC or 
higher rating.
    (f)(1) Except as provided in paragraph (f)(2) of this section, the 
fire hose shall be lined with a material having flame resistant 
qualities meeting requirements for hose in Bureau of Mines' Schedule 2G. 
The cover shall be polyester, or other material with flame-spread 
qualities and mildew resistance equal or superior to polyester. The 
bursting pressure shall be at least 4 times the water pressure at the 
valve to the hose inlet with the valve closed; the maximum water 
pressure in the hose nozzle shall not exceed 100 p.s.i.g.
    (2) Fire hose installed for use in underground coal mines prior to 
December 30, 1970, shall be mildew-proof and have a bursting pressure at 
least 4 times the water pressure at the valve to the hose inlet with the 
valve closed, and the maximum water pressure in the hose nozzle with 
water flowing shall not exceed 100 p.s.i.g.

[[Page 545]]



Sec. 75.1100-2  Quantity and location of firefighting equipment.

    (a) Working sections. (1) Each working section of coal mines 
producing 300 tons or more per shift shall be provided with two portable 
fire extinguishers and 240 pounds of rock dust in bags or other suitable 
containers; waterlines shall extend to each section loading point and be 
equipped with enough fire hose to reach each working face unless the 
section loading point is provided with one of the following:
    (i) Two portable water cars; or
    (ii) Two portable chemical cars; or
    (iii) One portable water car or one portable chemical car, and 
either (a) a portable foam-generating machine or (b) a portable high-
pressure rock-dusting machine fitted with at least 250 feet of hose and 
supplied with at least 60 sacks of rock dust.
    (2) Each working section of coal mines producing less than 300 tons 
of coal per shift shall be provided with two portable fire 
extinguishers, 240 pounds of rock dust in bags or other suitable 
containers, and at least 500 gallons of water and at least 3 pails of 10 
quart capacity. In lieu of the 500 gallon water supply a waterline with 
sufficient hose to reach the working places, a portable water car (500 
gallons capacity) or a portable all-purpose dry powder chemical car of 
at least 125-pounds capacity may be provided.
    (b) Belt conveyors. In all coal mines, waterlines shall be installed 
parallel to the entire length of belt conveyors and shall be equipped 
with firehose outlets with valves at 300-foot intervals along each belt 
conveyor and at tailpieces. At least 500 feet of firehose with fittings 
suitable for connection with each belt conveyor waterline system shall 
be stored at strategic locations along the belt conveyor. Waterlines may 
be installed in entries adjacent to the conveyor entry belt as long as 
the outlets project into the belt conveyor entry.
    (c) Haulage tracks. (1) In mines producing 300 tons of coal or more 
per shift waterlines shall be installed parallel to all haulage tracks 
using mechanized equipment in the track or adjacent entry and shall 
extend to the loading point of each working section. Waterlines shall be 
equipped with outlet valves at intervals of not more than 500 feet, and 
500 feet of firehose with fittings suitable for connection with such 
waterlines shall be provided at strategic locations. Two portable water 
cars, readily available, may be used in lieu of waterlines prescribed 
under this paragraph.
    (2) In mines producing less than 300 tons of coal per shift, there 
shall be provided at 500-foot intervals in all main and secondary 
haulage roads:
    (i) A tank of water of at least 55-gallon capacity with at least 3 
pails of not less than 10-quart capacity; or
    (ii) Not less than 240 pounds of bagged rock dust.
    (d) Transportation. Each track or off-track locomotive, self-
propelled man-trip car, or personnel carrier shall be equipped with one 
portable fire extinguisher.
    (e) Electrical installations. (1) Two portable fire extinguishers or 
one extinguisher having at least twice the minimum capacity specified 
for a portable fire extinguisher in Sec. 75.1100-1(e) shall be provided 
at each permanent electrical installation.
    (2) One portable fire extinguisher and 240 pounds of rock dust shall 
be provided at each temporary electrical installation.
    (f) Oil storage stations. Two portable fire extinguishers and 240 
pounds of rock dust, shall be provided at each permanent underground oil 
storage station. One portable fire extinguisher shall be provided at 
each working section where 25 gallons or more of oil are stored in 
addition to extinguishers required under paragraph (a) of this section.
    (g) Welding, cutting, soldering. One portable fire extinguisher or 
240 pounds of rock dust shall be provided at locations where welding, 
cutting, or soldering with arc or flame is being done.
    (h) Powerlines. At each wooden door through which powerlines pass 
there shall be one portable fire extinguisher or 240 pounds of rock dust 
within 25 feet of the door on the intake air side.
    (i) Emergency materials. (1) At each mine producing 300 tons of coal 
or more per shift there shall be readily available the following 
materials at locations not exceeding 2 miles from each working section:

1,000 board feet of brattice boards

[[Page 546]]

2 rolls of brattice cloth
2 hand saws
25 pounds of 8\d\ nails
25 pounds of 10\d\ nails
25 pounds of 16\d\ nails
3 claw hammers
25 bags of wood fiber plaster or 10 bags of cement (or equivalent 
material for stoppings)
5 tons of rock dust

    (2) At each mine producing less than 300 tons of coal per shift the 
above materials shall be available at the mine, provided, however, that 
the emergency materials for one or more mines may be stored at a central 
warehouse or building supply company and such supply must be the 
equivalent of that required for all mines involved and within 1-hour's 
delivery time from each mine. This exception shall not apply where the 
active working sections are more than 2 miles from the surface.



Sec. 75.1100-3  Condition and examination of firefighting equipment.

    All firefighting equipment shall be maintained in a usable and 
operative condition. Chemical extinguishers shall be examined every 6 
months and the date of the examination shall be written on a permanent 
tag attached to the extinguisher.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]



Sec. 75.1101  Deluge-type water sprays, foam generators; main and 
          secondary belt-conveyor drives.

                         [Statutory Provisions]

    Deluge-type water sprays or foam generators automatically actuated 
by rise in temperature, or other no less effective means approved by the 
Secretary of controlling fire, shall be installed at main and secondary 
belt-conveyor drives.



Sec. 75.1101-1  Deluge-type water spray systems.

    (a) Deluge-type spray systems shall consist of open nozzles attached 
to branch lines. The branch lines shall be connected to a waterline 
through a control valve operated by a fire sensor. Actuation of the 
control valve shall cause water to flow into the branch lines and 
discharge from the nozzles.
    (b) Nozzles attached to the branch lines shall be full cone, 
corrosion resistant and provided with blow-off dust covers. The spray 
application rate shall not be less than 0.25 gallon per minute per 
square foot of the top surface of the top belt and the discharge shall 
be directed at both the upper and bottom surfaces of the top belt and to 
the upper surface of the bottom belt.



Sec. 75.1101-2  Installation of deluge-type sprays.

    Deluge-type water spray systems shall provide protection for the 
belt drive and 50 feet of fire-resistant belt or 150 feet of nonfire-
resistant belt adjacent to the belt drive.



Sec. 75.1101-3  Water requirements.

    Deluge-type water spray systems shall be attached to a water supply. 
Water so supplied shall be free of excessive sediment and noncorrosive 
to the system Water pressure shall be maintained consistent with the 
pipe, fittings, valves, and nozzles at all times. Water systems shall 
include strainers with a flush-out connection and a manual shut-off 
valve. The water supply shall be adequate to provide flow for 10 minutes 
except that pressure tanks used as a source of water supply shall be of 
1,000-gallon capacity for a fire-resistant belt and 3,000 gallons for a 
nonfire-resistant belt may be provided.



Sec. 75.1101-4  Branch lines.

    As a part of the deluge-type water spray system, two or more branch 
lines of nozzles shall be installed. The maximum distance between 
nozzles shall not exceed 8 feet.



Sec. 75.1101-5  Installation of foam generator systems.

    (a) Foam generator systems shall be located so as to discharge foam 
to the belt drive, belt takeup, electrical controls, gear reducing unit 
and the conveyor belt.
    (b) Foam generator systems shall be equipped with a fire sensor 
which actuates the system, and each system shall be capable of producing 
and delivering the following amounts of foam within 5 minutes:

[[Page 547]]

    (1) At fire-resistant belt installations, an amount which will fully 
envelop the belt drive, belt takeup, electrical controls, gear reducing 
unit, and the conveyor belt over a distance of 50 feet; and,
    (2) At nonfire-resistant belt installations, an amount which will 
fully envelop the belt drive, belt takeup electrical controls, gear 
reducing unit, and the conveyor belt over a distance of 150 feet.
    (c) The foam generator shall be equipped with a warning device 
designed to stop the belt drive when a fire occurs and all such warning 
devices shall be capable of giving both an audible and visual signal 
when actuated by fire.
    (d) Water, power, and chemicals required shall be adequate to 
maintain water or foam flow for no less than 25 minutes.
    (e) Water systems shall include strainers with a flush-out 
connection and a manual shut-off valve.



Sec. 75.1101-6  Water sprinkler systems; general.

    Water sprinkler systems may be installed to protect main and 
secondary belt-conveyor drives, however, where such systems are 
employed, they shall be installed and maintained in accordance with 
Sec. Sec. 75.1101-7 through 75.1101-11.



Sec. 75.1101-7  Installation of water sprinkler systems; requirements.

    (a) The fire-control components of each water sprinkler system shall 
be installed, as far as practicable in accordance with the 
recommendations set forth in National Fire Protection Association 1968-
69 edition, Code No. 13, ``Installation of Sprinkler Systems'' and such 
systems' components shall be of a type approved by the Underwriters' 
Laboratories, Inc., Factory Mutual Research Corp.
    (b) Each sprinkler system shall provide protection for the motor 
drive belt takeup, electrical controls, gear reducing unit, and the 50 
feet of fire-resistant belt, or 150 feet of nonfire-resistant belt 
adjacent to the belt drive.
    (c) The components of each water sprinkler system shall be located 
so as to minimize the possibility of damage by roof fall or by the 
moving belt and its load.



Sec. 75.1101-8  Water sprinkler systems; arrangement of sprinklers.

    (a) At least one sprinkler shall be installed above each belt drive, 
belt take-up, electrical control, and gear-reducing unit, and individual 
sprinklers shall be installed at intervals of no more than 8 feet along 
all conveyor branch lines.
    (b) Two or more branch lines, at least one of which shall be above 
the top belt and one between the top and bottom belt, shall be installed 
in each sprinkler system to provide a uniform discharge of water to the 
belt surface.
    (c) The water discharge rate from the sprinkler system shall not be 
less than 0.25 gallon per minute per square foot of the top surface of 
the top belt and the discharge shall be directed at both the upper and 
bottom surfaces of the top belt and to the upper surface of the bottom 
belt. The supply of water shall be adequate to provide a constant flow 
of water for 10 minutes with all sprinklers functioning.
    (d) Each individual sprinkler shall be activated at a temperature of 
not less than 150 [deg]F. and not more than 300 [deg]F.
    (e) Water systems shall include strainers with a flush-out 
connection and a manual shut-off valve.



Sec. 75.1101-9  Back-up water system.

    One fire hose outlet together with a length of hose capable of 
extending to the belt drive shall be provided within 300 feet of each 
belt drive.



Sec. 75.1101-10  Water sprinkler systems; fire warning devices at belt 
          drives.

    Each water sprinkler system shall be equipped with a device designed 
to stop the belt drive in the event of a rise in temperature and each 
such warning device shall be capable of giving both an audible and 
visual warning when a fire occurs.



Sec. 75.1101-11  Inspection of water sprinkler systems.

    Each water sprinkler system shall be examined weekly and a 
functional test of the complete system shall be conducted at least once 
each year.

[[Page 548]]



Sec. 75.1101-12  Equivalent dry-pipe system.

    Where water sprinkler systems are installed to protect main and 
secondary belt conveyor drives and freezing temperatures prevail, an 
equivalent dry-pipe system may be installed.



Sec. 75.1101-13  Dry powder chemical systems; general.

    Self-contained dry powder chemical systems may be installed to 
protect main and secondary belt conveyor drives, however, where such 
systems are employed, they shall be installed and maintained in 
accordance with the provisions of Sec. Sec. 75.1101-14 through 75.1101-
22.



Sec. 75.1101-14  Installation of dry powder chemical systems.

    (a) Self-contained dry powder chemical systems shall be installed to 
protect each belt-drive, belt takeup, electrical-controls, gear reducing 
units and 50 feet of fire-resistant belt or 150 feet of non-fire-
resistant belt adjacent to the belt drive.
    (b) The fire-control components of each dry powder chemical system 
shall be a type approved by the Underwriters' Laboratories, Inc., or 
Factory Mutual Engineering Corp.
    (c) The components of each dry powder chemical system shall be 
located so as to minimize the possibility of damage by roof fall or by 
the moving belt and its load.



Sec. 75.1101-15  Construction of dry powder chemical systems.

    (a) Each self-contained dry powder system shall be equipped with 
hose or pipe lines which are no longer than necessary.
    (b) Metal piping and/or hose between control valves and nozzles 
shall have a minimum bursting pressure of 500 p.s.i.g.
    (c) Hose shall be protected by wire braid or its equivalent.
    (d) Nozzles and reservoirs shall be sufficient in number to provide 
maximum protection to each belt, belt takeup, electrical controls, and 
gear reducing unit.
    (e) Each belt shall be protected on the top surface of both the top 
and bottom belts and the bottom surface of the top belt.



Sec. 75.1101-16  Dry powder chemical systems; sensing and fire-
          suppression devices.

    (a) Each self-contained dry powder chemical system shall be equipped 
with sensing devices which shall be designed to activate the fire-
control system, sound an alarm and stop the conveyor drive motor in the 
event of a rise in temperature, and provision shall be made to minimize 
contamination of the lens of any optical sensing device installed in 
such system.
    (b) Where sensors are operated from the same power source as the 
belt drive, each sensor shall be equipped with a standby power source 
which shall be capable of remaining operative for at least 4 hours after 
a power cutoff.
    (c) Sensor systems shall include a warning indicator (or test 
circuit) which shows it is operative.
    (d) Each fire-suppression system shall be equipped with a manually 
operated control valve which shall be independent of the sensor.



Sec. 75.1101-17  Sealing of dry powder chemical systems.

    Each dry powder chemical system shall be adequately sealed to 
protect all components of the system from moisture dust, and dirt.



Sec. 75.1101-18  Dry powder requirements.

    Each dry powder chemical system shall contain the following minimum 
amounts of multipurpose dry powder:

------------------------------------------------------------------------
                                                                   Dry
                             Belt                                powder,
                                                                 pounds
------------------------------------------------------------------------
Fire resistant................................................       125
Non-fire resistant............................................       250
------------------------------------------------------------------------



Sec. 75.1101-19  Nozzles; flow rate and direction.

    The nozzles of each dry powder chemical system shall be capable of 
discharging all powder within 1 minute after actuation of the system and 
such nozzles shall be directed so as to minimize the effect of 
ventilation upon fire control.

[[Page 549]]



Sec. 75.1101-20  Safeguards for dry powder chemical systems.

    Adequate guards shall be provided along all belt conveyors in the 
vicinity of each dry powder chemical system to protect persons whose 
vision is restricted by a discharge of powder from the system. In 
addition, hand-rails shall be installed in such areas to provide 
assistance to those passing along the conveyor after a powder discharge.



Sec. 75.1101-21  Back-up water system.

    One fire hose outlet together with a length of hose capable of 
extending to the belt drive shall be provided within 300 feet of each 
belt drive.



Sec. 75.1101-22  Inspection of dry powder chemical systems.

    (a) Each dry powder chemical system shall be examined weekly and a 
functional test of the complete system shall be conducted at least once 
each year.
    (b) Where the dry powder chemical system has been actuated, all 
components of the system shall be cleaned immediately by flushing all 
powder from pipes and hoses and all hose damaged by fire shall be 
replaced.



Sec. 75.1102  Slippage and sequence switches.

                         [Statutory Provisions]

    Underground belt conveyors shall be equipped with slippage and 
sequence switches.



Sec. 75.1103  Automatic fire warning devices.

                         [Statutory Provisions]

    On or before May 29, 1970, devices shall be installed on all such 
belts which will give a warning automatically when a fire occurs on or 
near such belt. The Secretary shall prescribe a schedule for installing 
fire suppression devices on belt haulageways.



Sec. 75.1103-1  Automatic fire sensors.

    A fire sensor system shall be installed on each underground belt 
conveyor. Sensors so installed shall be of a type which will (a) give 
warning automatically when a fire occurs on or near such belt; (b) 
provide both audible and visual signals that permit rapid location of 
the fire.



Sec. 75.1103-2  Automatic fire sensors; approved components; 
          installation requirements.

    (a) The components of each automatic fire sensor required to be 
installed in accordance with the provisions of Sec. 75.1103-1 shall be 
of a type and installed in a manner approved by the Secretary, or the 
components shall be of a type listed, approved and installed in 
accordance with the recommendations of a nationally recognized testing 
laboratory approved by the Secretary.
    (b) Where applicable, and not inconsistent with these regulations, 
automatic fire sensors shall be installed in accordance with the 
recommendations set forth in National Fire Code No. 72A ``Local 
Protective Signaling Systems'' (NFPA No. 72A-1967). National Fire Code 
No. 72A (1967) is hereby incorporated by reference and made a part 
hereof. National Fire Code No. 72A is available for examination at each 
Coal Mine Health and Safety District and Subdistrict Office of the Mine 
Safety and Health Administration, and may be obtained from the National 
Fire Protection Association, 60 Batterymarch Street, Boston, MA 02110.

[37 FR 16546, Aug. 16, 1972]



Sec. 75.1103-3  Automatic fire sensor and warning device systems; 
          minimum requirements; general.

    Automatic fire sensor and warning device systems installed in belt 
haulageways of underground coal mines shall be assembled from components 
which meet the minimum requirements set forth in Sec. Sec. 75.1103-4 
through 75.1103-7 unless otherwise approved by the Secretary.

[37 FR 16545, Aug. 16, 1972]



Sec. 75.1103-4  Automatic fire sensor and warning device systems; 
          installation; minimum requirements.

    (a) Automatic fire sensor and warning device systems shall provide 
identification of fire within each belt flight (each belt unit operated 
by a belt drive).
    (1) Where used, sensors responding to temperature rise at a point 
(point-type

[[Page 550]]

sensors) shall be located at or above the elevation of the top belt, and 
installed at the beginning and end of each belt flight, at the belt 
drive, and in increments along each belt flight so that the maximum 
distance between sensors does not exceed 125 feet, except as provided in 
paragraph (a) (3) of this section.
    (2) Where used, sensors responding to radiation, smoke, gases, or 
other indications of fire, shall be spaced at regular intervals to 
provide protection equivalent to point-type sensors, and installed 
within the time specified in paragraph (a) (3) of this section.
    (3) When the distance from the tailpiece at loading points to the 
first outby sensor reaches 125 feet when point-type sensors are used, 
such sensors shall be installed and put in operation within 24 
production shift hours after the distance of 125 feet is reached. When 
sensors of the kind described in paragraph (a) (2) of this section are 
used, such sensor shall be installed and put in operation within 24 
production shift hours after the equivalent distance which has been 
established for the sensor from the tailpiece at loading points to the 
first outby sensor is first reached.
    (b) Automatic fire sensor and warning device systems shall be 
installed so as to minimize the possibility of damage from roof falls 
and the moving belt and its load.
    (c) Infrared, ultraviolet, and other sensors whose effectiveness is 
impaired by contamination shall be protected from dust, dirt, and 
moisture.
    (d) The voltage of automatic fire sensor and warning device systems 
shall not exceed 120 volts.
    (e) Except when power must be cut off in the mine under the 
provisions of Sec. 75.313, automatic fire sensor and warning device 
systems shall be capable of giving warning of fire for a minimum of 4 
hours after the source of power to the belt is removed unless the belt 
haulageway is examined for hot rollers and fire as provided in paragraph 
(e) (1) or (2) of this section.
    (1) When an unplanned removal of power from the belt occurs an 
examination for hot rollers and fire in the operating belts of a 
conveyor system shall be completed within 2 hours after the belt has 
stopped.
    (2) When a preplanned removal of power from the belt occurs an 
examination for hot rollers and fire on the operating belts of a 
conveyor system may commence not more than 30 minutes before the belts 
are stopped and shall be completed within 2 hours after the examination 
is commenced, or the examination shall be commenced when the belts are 
stopped and completed within 2 hours after the belts are stopped.

[37 FR 16545, Aug. 16, 1972, as amended at 57 FR 20928, May 15, 1992]



Sec. 75.1103-5  Automatic fire warning devices; manual resetting.

    (a) Automatic fire sensor and warning device systems shall upon 
activation provide an effective warning signal at either of the 
following locations:
    (1) At all work locations where men may be endangered from a fire at 
the belt flight; or
    (2) At a manned location where personnel have an assigned post of 
duty and have telephone or equivalent communication with all men who may 
be endangered.
    The automatic fire sensor and warning device system shall be 
monitored for a period of 4 hours after the belt is stopped, unless an 
examination for hot rollers and fire is made as prescribed in Sec. 
75.1103-4(e).
    (b) The fire sensor and warning device system shall include a means 
for rapid evaluation of electrical short and open circuits, ground 
faults, pneumatic leaks, or other defect detrimental to its proper 
operational condition.
    (c) Automatic fire sensor and warning devices shall include a manual 
reset feature.

[37 FR 16545, Aug. 16, 1972]



Sec. 75.1103-6  Automatic fire sensors; actuation of fire suppression 
          systems.

    Automatic fire sensor and warning device systems may be used to 
actuate deluge-type water systems, foam generator systems, multipurpose 
dry-powder systems, or other equivalent automatic fire suppression 
systems.

[37 FR 16546, Aug. 16, 1972]

[[Page 551]]



Sec. 75.1103-7  Electrical components; permissibility requirements.

    The electrical components of each automatic fire sensor and warning 
device system shall:
    (a) Remain functional when the power circuits are deenergized as 
required by Sec. 75.706; and
    (b) Be provided with protection against ignition of methane or coal 
dust when the electrical power is deenergized as required by Sec. 
75.313, but these components shall be permissible or intrinsically safe 
if installed in a return airway.

[37 FR 16546, Aug. 16, 1972, as amended at 57 FR 20929, May 15, 1992]



Sec. 75.1103-8  Automatic fire sensor and warning device systems; 
          inspection and test requirements.

    (a) Automatic fire sensor and warning device systems shall be 
inspected weekly, and a functional test of the complete system shall be 
made at least once annually. Inspection and maintenance of such systems 
shall be by a qualified person.
    (b) A record of the annual functional test conducted in accordance 
with paragraph (a) of this section shall be maintained by the operator. 
A record card of the weekly inspection shall be kept at each belt drive.

[37 FR 16546, Aug. 16, 1972]



Sec. 75.1103-9  Minimum requirements; fire suppression materials and 

          location; maintenance of entries and crosscuts; access doors; 
          communications; fire crews; high-expansion foam devices.

    (a) The following materials shall be stored within 300 feet of each 
belt drive or at a location where the material can be moved to the belt 
drive within 5 minutes, except that when the ventilating current in the 
belt haulageway travels in the direction of the normal movement of coal 
on the belt, the materials shall be stored within 300 feet of the belt 
tailpiece or at a location where the materials can be moved to the belt 
tailpiece within 5 minutes.
    (1) 500 feet of fire hose, except that if the belt flight is less 
than 500 feet in length the fire hose may be equal to the length of the 
belt flight. A high expansion foam device may be substituted for 300 
feet of the 500 feet of the fire hose. Where used, such foam generators 
shall produce foam sufficient to fill 100 feet of the belt haulageway in 
not more than 5 minutes. Sufficient power cable and water hose shall be 
provided so that the foam generator can be installed at any crosscut 
along the belt by which the generator is located. A 1-hour supply of 
foam producing chemicals and tools and hardware required for its 
operation shall be stored at the foam generator.
    (2) Tools to open a stopping between the belt entry and the adjacent 
intake entry; and
    (3) 240 pounds of bagged rock dust.
    (b) The entry containing the main waterline and the crosscuts 
containing water outlets between such entry and the belt haulageway (if 
the main waterline is in an adjacent entry) shall be maintained 
accessible and in safe condition for travel and firefighting activities. 
Each stopping in such crosscuts or adjacent crosscuts shall have an 
access door.
    (c) Suitable communication lines extending to the surface shall be 
provided in the belt haulageway or adjacent entry.
    (d) The fire suppression system required at the belt drive shall 
include the belt discharge head.
    (e) A crew consisting of at least five members for each working 
shift shall be trained in firefighting operations. Fire drills shall be 
held at intervals not exceeding 6 months.

[37 FR 16546, Aug. 16, 1972]



Sec. 75.1103-10  Fire suppression systems; additional requirements.

    Where the average air velocity along the belt haulage entry exceeds 
100 feet per minute, or the belt is not fire resistant, or both, the 
fire suppression system in the belt haulageway shall conform with the 
following additional sensor and cache requirements:
    (a) The maximum distance between sensors along the belt haulageway 
shall be 40 percent of those distances specified or established in 
accordance with Sec. 75.1103-4(a) (1) or (2), as applicable, and shall 
be installed and put in operation within the period of time specified in 
Sec. 75.1103-4(a)(3).

[[Page 552]]

    (b) For each conveyor belt flight exceeding 2,000 feet in length, an 
additional cache of the materials specified in Sec. 75.1103-9(a) (1), 
(2), and (3) shall be provided. The additional cache may be stored at 
the locations specified in Sec. 75.1103-9(a), or at some other 
strategic location readily accessible to the conveyor belt flight.

[37 FR 16546, Aug. 16, 1972]



Sec. 75.1103-11  Tests of fire hydrants and fire hose; record of tests.

    Each fire hydrant shall be tested by opening to insure that it is in 
operating condition, and each fire hose shall be tested, at intervals 
not exceeding 1 year. A record of these tests shall be maintained at an 
appropriate location.

[37 FR 16546, Aug. 16, 1972]



Sec. 75.1104  Underground storage, lubricating oil and grease.

                         [Statutory Provisions]

    Underground storage places for lubricating oil and grease shall be 
of fireproof construction. Except for specially prepared materials 
approved by the Secretary, lubricating oil and grease kept in all 
underground areas in a coal mine shall be in fireproof, closed metal 
containers or other no less effective containers approved by the 
Secretary.



Sec. 75.1106  Welding, cutting, or soldering with arc or flame 
          underground.

                         [Statutory Provisions]

    All welding, cutting, or soldering with arc or flame in all 
underground areas of a coal mine shall, whenever practicable, be 
conducted in fireproof enclosures. Welding, cutting, or soldering with 
arc or flame in other than a fireproof enclosure shall be done under the 
supervision of a qualified person who shall make a diligent search for 
fire during and after such operations and shall, immediately before and 
during such operations, continuously test for methane with means 
approved by the Secretary for detecting methane. Welding, cutting, or 
soldering shall not be conducted in air that contains 1.0 volume per 
centum or more of methane. Rock dust or suitable fire extinguishers 
shall be immediately available during such welding, cutting or 
soldering.



Sec. 75.1106-1  Test for methane.

    Until December 31, 1970, a permissible flame safety lamp may be used 
to make tests for methane required by the regulations in this part. On 
and after December 31, 1970 a methane detector approved by the Secretary 
shall be used for such tests and a permissible flame safety lamp may be 
used as a supplemental testing device. A person qualified to test for 
methane under Sec. 75.151 will be a qualified person for the purpose of 
this section.

   Transportation, Handling and Storage of Liquefied and Nonliquefied 
                        Compressed Gas Cylinders



Sec. 75.1106-2  Transportation of liquefied and nonliquefied compressed 
          gas cylinders; requirements.

    (a) Liquefied and nonliquefied compressed gas cylinders transported 
into or through an underground coal mine shall be:
    (1) Placed securely in devices designed to hold the cylinder in 
place during transit on self-propelled equipment or belt conveyors;
    (2) Disconnected from all hoses and gages;
    (3) Equipped with a metal cap or ``headband'' (fence-type metal 
protector around the valve stem) to protect the cylinder valve during 
transit; and,
    (4) Clearly labeled ``empty'' or ``MT'' when the gas in the cylinder 
has been expended.
    (b) In addition to the requirements of paragraph (a) of this 
section, when liquefied and nonliquefied compressed gas cylinders are 
transported by a trolley wire haulage system into or through an 
underground coal mine, such cylinders shall be placed in well insulated 
and substantially constructed containers which are specifically designed 
for holding such cylinders.
    (c) Liquefied and nonliquefied compressed gas cylinders shall not be 
transported on mantrips.

[36 FR 22061, Nov. 19, 1971]

[[Page 553]]



Sec. 75.1106-3  Storage of liquefied and nonliquefied compressed gas 
          cylinders; requirements.

    (a) Liquefied and nonliquefied compressed gas cylinders stored in an 
underground coal mine shall be:
    (1) Clearly marked and identified as to their contents in accordance 
with Department of Transportation regulations.
    (2) Placed securely in storage areas designated by the operator for 
such purpose, and where the height of the coalbed permits, in an upright 
position, preferably in specially designated racks, or otherwise secured 
against being accidently tipped over.
    (3) Protected against damage from falling material, contact with 
power lines and energized electrical equipment, heat from welding, 
cutting or soldering, and exposure to flammable liquids.
    (b) Liquefied and nonliquefied compressed gas cylinders shall not be 
stored or left unattended in any area inby the last open crosscut of an 
underground coal mine.
    (c) When not in use, the valves of all liquefied and nonliquefied 
compressed gas cylinders shall be in the closed position, and all hoses 
shall be removed from the cylinder.

[36 FR 22061, Nov. 19, 1971]



Sec. 75.1106-4  Use of liquefied and nonliquefied compressed gas 
          cylinders; general requirements.

    (a) Persons assigned by the operator to use and work with liquefied 
and nonliquefied compressed gas shall be trained and designated by the 
operator as qualified to perform the work to which they are assigned, 
and such qualified persons shall be specifically instructed with respect 
to the dangers inherent in the use of such gases in an underground coal 
mine.
    (b) Persons who perform welding, cutting, or burning operations 
shall wear clothing free from excessive oil or grease.
    (c) Liquefied and nonliquefied compressed gas shall be used only in 
well-ventilated areas.
    (d) Not more than one liquefied or nonliquefied compressed gas unit, 
consisting of one oxygen cylinder and one additional gas cylinder, shall 
be used to repair any unit of equipment which is inby the loading point 
of any section.
    (e) Where liquefied and nonliquefied compressed gas is used 
regularly in underground shops or other underground structures, such 
shops or structures shall be on a separate split of air.
    (f) Where liquefied and nonliquefied compressed gas is used in any 
area in which oil, grease, or coal dust is present, oil and grease 
deposits shall, where practicable, be removed and the entire area within 
10 feet of the worksite covered with a heavy coating of rock dust.
    (g) Liquefied and nonliquefied compressed gas cylinders shall be 
located no less than 10 feet from the worksite, and where the height of 
the coal seam permits, they shall be placed in an upright position and 
chained or otherwise secured against falling.
    (h) Liquefied and nonliquefied compressed gas shall not be used 
under direct pressure from the cylinder and, where such gases are used 
under reduced pressure, the pressure level shall not exceed that 
recommended by the manufacturer.
    (i) ``Manifolding cylinders'' shall only be performed in well-
ventilated shops where the necessary equipment is properly installed and 
operated in accordance with specifications for safety prescribed by the 
manufacturer.

[36 FR 22061, Nov. 19, 1971]



Sec. 75.1106-5  Maintenance and tests of liquefied and nonliquefied 

          compressed gas cylinders; accessories and equipment; 
          requirements.

    (a) Hose lines, gages, and other cylinder accessories shall be 
maintained in a safe operating condition.
    (b) Defective cylinders, cylinder accessories, torches, and other 
welding, cutting, and burning equipment shall be labeled ``defective'' 
and taken out of service.
    (c) Each qualified person assigned to perform welding, cutting, or 
burning with liquefied and nonliquefied compressed gas shall be equipped 
with a wrench specifically designed for use with liquefied and 
nonliquefied compressed gas cylinders and a suitable torchtip cleaner to 
maintain torches in a safe operating condition.

[[Page 554]]

    (d) Tests for leaks on the hose valves or gages of liquefied and 
nonliquefied compressed gas cylinders shall only be made with a soft 
brush and soapy water or soap suds, or other device approved by the 
Secretary.

[36 FR 22062, Nov. 19, 1971]



Sec. 75.1106-6  Exemption of small low pressure gas cylinders 
          containing nonflammable or nonexplosive gas mixtures.

    Small low pressure gas cylinders containing nonflammable or 
nonexplosive gas mixtures, which provide for the emission of such gas 
under a pressure reduced from a pressure which does not exceed 250 
p.s.i.g., and which is manufactured and sold in conformance with U.S. 
Department of Transportation Special Permit No. 6029 as a calibration 
test kit for methane monitoring systems, shall be exempt from the 
requirements of Sec. Sec. 75.1106-2(c) and 75.1106-4(d), (f) and (g).

[36 FR 22062, Nov. 19, 1971]

    Fire Suppression Devices and Fire-Resistant Hydraulic Fluids on 
                          Underground Equipment



Sec. 75.1107  Fire suppression devices.

                         [Statutory Provisions]

    On and after March 30, 1971, fire-suppression devices meeting 
specifications prescribed by the Secretary shall be installed on 
unattended underground equipment and suitable fire-resistant hydraulic 
fluids approved by the Secretary shall be used in the hydraulic systems 
of such equipment. Such fluids shall be used in the hydraulic systems of 
other underground equipment unless fire suppression devices meeting 
specifications prescribed by the Secretary are installed on such 
equipment.



Sec. 75.1107-1  Fire-resistant hydraulic fluids and fire suppression 
devices on underground equipment.

    (a)(1) Unattended electrically powered equipment used underground 
which uses hydraulic fluid shall use approved fire-resistant hydraulic 
fluid.
    (2) Except as provided in paragraph (a) (3) of this section, within 
24 production shift hours after being installed, unattended electrically 
powered equipment used underground shall be equipped with a fire 
suppression device which meets the applicable requirements of Sec. Sec. 
75.1107-3 through 75.1107-16.
    (3) Unattended enclosed motors, controls, transformers, rectifiers, 
and other similar noncombustible electrically powered equipment 
containing no flammable fluid may be protected:
    (i) By an approved fire suppression device, or
    (ii) Be located at least 2 feet from coal or other combustible 
materials, or
    (iii) Be separated from the coal or combustible materials by a 4-
inch-thick masonry firewall or equivalent; and be mounted on a minimum 
4-inch-thick noncombustible surface, platform, or equivalent. The 
electrical cables at such equipment shall conform with the requirements 
of Part 18 of this chapter (Bureau of Mines Schedule 2G) or be in metal 
conduit.
    (b) Attended electrically powered equipment used underground which 
uses hydraulic fluid shall use approved fire-resistant hydraulic fluid 
unless such equipment is protected by a fire suppression device which 
meets the applicable requirements of Sec. Sec. 75.1107-3--75.1107-16.
    (c) For purpose of Sec. Sec. 75.1107--75.1107-16 the following 
underground equipment shall be considered attended equipment:
    (1) Any machine or device regularly operated by a miner assigned to 
operate such machine or device;
    (2) Any machine or device which is mounted in the direct line of 
sight of a jobsite which is located within 500 feet of such machine or 
device and which jobsite is regularly occupied by a miner assigned to 
perform job duties at such jobsite during each production shift.
    (d) Machines and devices described under paragraph (c) of this 
section must be inspected for fire and the input powerline deenergized 
when workmen leave the area for more than 30 minutes.

[37 FR 15301, July 29, 1972]



Sec. 75.1107-2  Approved fire-resistant hydraulic fluids; minimum 
requirements.

    Fire-resistant hydraulic fluids and concentrates required to be 
employed

[[Page 555]]

in the hydraulic system of underground equipment in accordance with the 
provisions of Sec. 75.1107-1 shall be considered suitable only if they 
have been produced under an approval, or any modification thereof, 
issued pursuant to Part 35 Subchapter I of this chapter (Bureau of Mines 
Schedule 30), or any revision thereof.

[37 FR 15301, July 29, 1972]



Sec. 75.1107-3  Fire suppression devices; approved components; 
installation requirements.

    (a) The components of each fire suppression device required to be 
installed in accordance with the provisions of Sec. 75.1107-1 shall be 
approved by the Secretary, or where appropriate be listed as approved by 
a nationally recognized agency approved by the Secretary.
    (b) Where used, pressure vessels shall conform with the requirements 
of sections 3603, 3606, 3607, 3707, and 3708 of National Fire Code No. 
22 ``Water Tanks for Private Fire Protection'' (NFPA No. 22-1971).
    (c) The cover of hose of fire suppression devices, if used on the 
protected equipment and installed after the effective date of this 
section, shall meet the flame-resistant requirements of Part 18 of this 
chapter (Bureau of Mines Schedule 2G).
    (d) Fire suppression devices required to be installed in accordance 
with the provisions of Sec. 75.1107-1 shall where appropriate be 
installed in accordance with the manufacturer's specifications.

[37 FR 15301, July 29, 1972]



Sec. 75.1107-4  Automatic fire sensors and manual actuators; installation; 
minimum requirements.

    (a)(1) Where fire suppression devices are installed on unattended 
underground equipment, one or more point-type sensors or equivalent 
shall be installed for each 50 square feet of top surface area, or 
fraction thereof, of such equipment, and each sensor shall be designed 
to activate the first suppression system and disconnect the electrical 
power source to the equipment protected, and, except where sprinklers 
are used, there shall be in addition, a manual actuator installed to 
operate the system. Where sprinklers are used, provision shall be made 
for manual application of water to the protected equipment in lieu of a 
manual actuator.
    (2) Two or more manual actuators, where practicable, shall be 
installed, as provided in paragraphs (a)(2) (i) and (ii) of this 
section, to activate fire suppression devices on attended equipment 
purchased on or after the effective date of this Sec. 75.1107-4. At 
least one manual actuator shall be used on equipment purchased prior to 
the effective date of this Sec. 75.1107-4.
    (i) Manual actuators installed on attended equipment regularly 
operated by a miner, as provided in Sec. 75.1107-1(c)(1) shall be 
located at different locations on the equipment, and at least one manual 
actuator shall be located within easy reach of the operator's normal 
operating position.
    (ii) Manual actuators to activate fire suppression devices on 
attended equipment not regularly operated by a miner, as provided in 
Sec. 75.1107-1(c)(2), shall be installed at different location, and at 
least one manual actuator shall be installed so as to be easily reached 
by the miner at the jobsite or by persons approaching the equipment.
    (b) Sensors shall, where practicable, be installed in accordance 
with the recommendations set forth in National Fire Code No. 72A ``Local 
Protective Signaling Systems'' (NFPA No. 72A-1967).
    (c) On unattended equipment the fire suppression device shall 
operate independently of the power to the main motor (or equivalent) so 
it will remain operative if the circuit breakers (or other protective 
device) actuates. On attended equipment powered through a trailing cable 
the fire suppression device shall operate independently of the 
electrical power provided by the cable.
    (d) Point-type sensors (such as thermocouple, bimetallic strip, or 
rate of temperature rise) located in ventilated passageways shall be 
installed downwind from the equipment to be protected.
    (e) Sensor systems shall include a device or method for determining 
their operative condition.

[37 FR 15301, July 29, 1972]

[[Page 556]]



Sec. 75.1107-5  Electrical components of fire suppression devices; 
permissibility requirements.

    The electrical components of each fire suppression device used on 
permissible equipment inby the last open crosscut or on equipment in the 
return airways of any coal mine shall be permissible or intrinsically 
safe and such components shall be maintained in permissible or 
intrinsically safe condition.

[37 FR 15302, July 29, 1972]



Sec. 75.1107-6  Capacity of fire suppression devices; location and 
direction of nozzles.

    (a) Each fire suppression device shall be:
    (1) Adequate in size and capacity to extinguish potential fires in 
or on the equipment protected; and
    (2) Suitable for the atmospheric conditions surrounding the 
equipment protected (e.g., air velocity, type, and proximity of adjacent 
combustible material); and
    (3) Rugged enough to withstand rough usage and vibration when 
installed on mining equipment.
    (b) The extinguishant-discharge nozzles of each fire suppression 
device shall, where practicable, be located so as to take advantage of 
mine ventilation air currents. The fire suppression device may be of the 
internal injection, inundating, or combination type. Where fire control 
is achieved by internal injection, or combination of internal injection 
and inundation, hazardous locations shall be enclosed to minimize runoff 
and overshoot of the extinguishing agent and the extinguishing agent 
shall be directed onto:
    (1) Cable reel compartments and electrical cables on the equipment 
which are subject to flexing or to external damage; and
    (2) All hydraulic components on the equipment which are exposed 
directly to or located in the immediate vicinity of electrical cables 
which are subject to flexing or to damage.

[37 FR 15302, July 29, 1972]



Sec. 75.1107-7  Water spray devices; capacity; water supply; minimum 
requirements.

    (a) Where water spray devices are used on unattended underground 
equipment the rate of flow shall be at least 0.25 gallon per minute per 
square foot over the top surface area of the equipment and the supply of 
water shall be adequate to provide the required flow of water for 10 
minutes.
    (b) Where water spray devices are used for inundating attended 
underground equipment the rate of flow shall be at least 0.18 gallon per 
minute per square foot over the top surface area of the equipment 
(excluding conveyors, cutters, and gathering heads), and the supply of 
water shall be adequate to provide the required flow of water for 10 
minutes.
    (c) Where water is used for internal injection on attended equipment 
the total quantity of water shall be at least 4.5 gallons times the 
number of hazardous locations; however, the total minimum amount of 
water shall not be less than the following:

------------------------------------------------------------------------
                                                               Water in
                      Type of equipment                         gallons
------------------------------------------------------------------------
(1) Cutting machines........................................          36
(2) Continuous miners.......................................          36
(3) Haulage vehicles........................................        22.5
(4) All other attended equipment............................        18.0
------------------------------------------------------------------------


The rate of flow shall be not less than 7 gallons per minute.
    (d) Where water is used in a combination internal injection and 
inundation system on attended equipment the rate of flow shall be at 
least 0.12 gallon per minute per square foot over the top surface area 
of the equipment (excluding conveyors, cutters, and gathering heads), 
and the supply of water shall be adequate to provide the required flow 
of water for 10 minutes.
    (e) On equipment provided with a cable reel and an internal 
injection or combination-type system, the amount of water discharged 
into the cable reel compartments shall be approximately 25 percent of 
the amount required to be discharged by the system, however, such 
quantity need not exceed 10 gallons.

[[Page 557]]

    (f) Liquid chemicals may be used, as approved by the Secretary in 
self-contained fire suppression devices. Such liquid chemicals shall be 
nontoxic and when applied to a fire shall not produce excessive toxic 
compounds. The quantity of liquid chemicals required shall be 
proportionately less than water as based on equivalency ratings 
established by the Secretary or equivalency ratings made by a nationally 
recognized agency approved by the Secretary.

[37 FR 15302, July 29, 1972]



Sec. 75.1107-8  Fire suppression devices; extinguishant supply systems.

    (a) Fire suppression systems using water or liquid chemical to 
protect attended equipment shall:
    (1) Be maintained at a pressure consistent with the pipe, fittings, 
valves, and nozzles used in the system.
    (2) Be located so as to be protected against damage during operation 
of the equipment protected.
    (3) Employ liquid which is free from excessive sediment and 
noncorrosive to the system.
    (4) Include strainers equipped with flush-out connections or 
equivalent protective devices and a rising stem or other visual 
indicator-type shutoff valve.
    (b) Water supplies for fire suppression devices installed on 
underground equipment may be maintained in mounted water tanks or by 
connection to water mains. Such water supplies shall be continuously 
connected to the fire suppression device whenever the equipment is 
connected to a power source, except for a reasonable time for changing 
hose connections to hydrants while the machine is stopped in a 
ventilated passageway.

[37 FR 15302, July 29, 1972]



Sec. 75.1107-9  Dry chemical devices; capacity; minimum requirements.

    (a) Dry chemical fire extinguishing systems used on underground 
equipment shall be of the multipurpose powder-type and shall include the 
following:
    (1) The system including all hose and nozzles shall be protected 
against the entrance of moisture, dust, or dirt;
    (2) The system shall be guarded against damage during operation of 
the equipment protected;
    (3) Hose and pipe shall be as short as possible; the distance 
between the chemical container and furthest nozzle shall not exceed 50 
feet;
    (4) Hose, piping, and fittings between the actuator and the chemical 
container shall have a bursting pressure of 500 pounds per square inch 
(gage) or higher; the hose, piping, and fittings between the chemical 
container and the nozzles shall have a bursting pressure of 300 pounds 
per square inch (gage) or higher and
    (5) The system shall discharge in 1 minute or less, for quantities 
less than 50 pounds (nominal) \1\ and in less than 2 minutes for 
quantities more than 50 pounds;
---------------------------------------------------------------------------

    \1\ Many dry chemical systems were originally designed for sodium 
bicarbonate before all-purpose chemical (ammonium phosphate) was shown 
to be more effective. Sodium bicarbonate is denser than ammonium 
phosphate; hence, for example, a 50-pound system designed for the sodium 
bicarbonate will hold slightly more by weight than all-purpose dry 
chemical (ammonium phosphate) by weight. The word ``nominal'' is used in 
Sec. 75.1107-9 to express the approximate weight in pounds of all-
purpose dry chemical.
---------------------------------------------------------------------------

    (b) On unattended underground equipment, the number of pounds of dry 
chemical employed by the system shall be not less than 1 pound per 
square foot of top surface area of the equipment; however, the minimum 
amount in any system shall be 20 pounds (nominal). The discharge shall 
be directed into and on potentially hazardous locations of the 
equipment.
    (c) On attended underground equipment, the number of pounds 
(nominal) employed by the system shall equal 5 times the total number of 
hazardous locations; however, the minimum amount in any system shall not 
be less than the following, except that systems on haulage vehicles 
installed prior to the effective date of this section may contain 20 
pounds (nominal).

------------------------------------------------------------------------
                                                                  Dry
                                                               chemical
                      Type of equipment                         pounds
                                                               (nominal)
------------------------------------------------------------------------
(1) Cutting machines........................................          40
(2) Continuous miners.......................................          40
(3) Haulage vehicles........................................          30

[[Page 558]]

 
(4) All other attended equipment............................          20
------------------------------------------------------------------------

    (d) The amount of dry chemical discharged into the cable reel 
compartments of attended underground equipment shall be approximately 25 
percent of the total amount required to be discharged by the system; 
however, the quantity discharged into cable reel compartments need not 
exceed 10 pounds.

[37 FR 15302, July 29, 1972]



Sec. 75.1107-10  High expansion foam devices; minimum capacity.

    (a) On unattended underground equipment the amount of water 
delivered as high expansion foam for a period of approximately 20 
minutes shall be not less than 0.06 gallon per minute per square foot of 
surface area of the equipment protected; however, the minimum total rate 
for any system shall be not less than 3 gallons per minute.
    (b) On attended underground equipment, foam may be delivered by 
internal injection, inundation, or combination-type systems. Each system 
shall deliver water as foam for a minimum of 10 minutes. For internal 
injection, the rate of water application as high expansion foam shall be 
not less than 0.5 gallon per minute per hazardous location; however, the 
minimum total rate shall be not less than 2 gallons per minute. For 
inundation, the rate of water application as high expansion foam shall 
be not less than 0.05 gallon per minute per square foot of top surface 
area of the equipment protected; however, the minimum total rate shall 
be not less than 5 gallons of water per minute.
    (c) In combined internal injection and inundation systems the rate 
of water applied as foam shall not be less than 0.035 gallon per minute 
per square foot of top surface area of the equipment protected; however, 
the minimum total rate shall not be less than 3.5 gallons of water per 
minute.
    (d) Where internal injection is employed, the amount of water 
discharged as high expansion foam into the cable reel compartments of 
underground equipment regularly operated by a miner shall be 
approximately 25 percent of the total amount required to be discharged 
by the system; however, the quantity of water discharged as foam into 
the cable reel compartment need not exceed 1.5 gallons.

[37 FR 15303, July 29, 1972]



Sec. 75.1107-11  Extinguishing agents; requirements on mining equipment 
employed in low coal.

    On mining equipment no more than 32 inches high, the quantity of 
extinguishing agent required under the provisions of Sec. Sec. 75.1107-
7, 75.1107-9, and 75.1107-10 may be reduced by one-fourth if space 
limitations on the equipment require such reduction.

[37 FR 15303, July 29, 1972]



Sec. 75.1107-12  Inerting of mine atmosphere prohibited.

    No fire suppression device designed to control fire by total 
flooding shall be installed to protect unattended underground equipment 
except in enclosed dead-end entries or enclosed rooms.

[37 FR 15303, July 29, 1972]



Sec. 75.1107-13  Approval of other fire suppression devices.

    Notwithstanding the provisions of Sec. Sec. 75.1107-1 through 
75.1107-12 the District Manager for the District in which the mine is 
located may approve any other fire suppression system or device which 
provides substantially equivalent protection as would be achieved 
through compliance with those sections: Provided, That no such system or 
device shall be approved which does not meet the following minimum 
criteria:
    (a) Components shall be approved by the Secretary, or where 
appropriate be listed as approved by a nationally recognized agency 
approved by the Secretary.
    (b) The fire suppression equipment shall be designed to withstand 
the rigors of the mine environment. Where used, pressure vessels shall 
conform with the requirements of section 3603, 3606, 3607, 3707, and 
3708 of National

[[Page 559]]

Fire Code No. 22 ``Water Tanks for Private Fire Protection'' (NFPA No. 
22-1971).
    (c) The cover of hose of fire suppression devices, if used on the 
protected equipment, shall meet the flame-resistant requirements of Part 
18 of this chapter (Bureau of Mines Schedule 2G).
    (d) Extinguishing agents shall not create a serious toxic or other 
hazard to the miners.
    (e) The electrical components of the fire suppression device shall 
meet the requirements for electrical components of the mining machine.
    (f) Where used, manual actuators for initiating the operation of the 
fire suppression device shall be readily accessible to the machine 
operator. On unattended equipment, an automatic as well as a manual 
actuator shall be provided.
    (g) On unattended equipment the fire suppression device shall 
operate independently of the power to the main motor (or equivalent) so 
it will remain operative if the circuit breakers (or other protective 
device) actuates. On attended equipment powered through a trailing cable 
the fire suppression device shall operate independently of the 
electrical power provided by the cable.
    (h) On unattended equipment, the sensor system shall have a means 
for checking its operative condition.
    (i) The fire suppression agent shall be directed at locations where 
the greatest potential fire hazard exists. Cable reel compartments shall 
receive approximately twice the quantity of extinguishing agent as each 
other hazardous location.
    (j) The rate of application of the fire suppression agent shall 
minimize the time for quenching and the total quantity applied shall be 
sufficient to quench a fire in its incipient stage.
    (k) The effectiveness of the quenching agent, together with the 
total quantity of agent and its rate of application shall provide 
equivalent protection to the water, dry powder, or foam systems 
described in Sec. Sec. 75.1107-7, 75.1107-9, and 75.1107-10.
    (l) The fire suppression device shall be operable at all times 
electrical power is connected to the mining machine, except during 
tramming when the machine is in a ventilated passageway, the water hose 
if used, may be switched from one hydrant to another in a reasonable 
time and except in systems meeting the minimum special criteria set 
forth in paragraph (m) of this section.
    (m) Systems for attended equipment which are not continuously 
connected to a water supply shall not be approved unless they meet the 
following minimum criteria:
    (1) The machine shall be equipped with a firehose at least 50 feet 
in length which is continuously connected to the machine-mounted portion 
of the system.
    (2) Hydrants in proximity to the area where the machine is to be 
used shall be equipped with sufficient hose to reach the machine at any 
time it is connected to a power source.
    (3) The machine shall be used only where the operator (or other 
person) will always be in ventilated air uncontaminated by smoke and hot 
gases from the machine fire while extending the machine-mounted hose to 
connect with the hydrant-mounted hose.
    (4) The machine and hydrant hoses shall be readily accessible so 
that the connection between the machine-mounted hose and the hydrant 
hose can be made and water flow achieved in not more than 3 minutes 
under actual mining conditions for any location of the machine while 
electric power is connected.
    (5) The rate of water flow at the machine shall provide a minimum of 
0.12 gallon of water per minute per square foot of top surface area 
(excluding conveyors, cutters, and gathering heads). The water shall 
discharge to all hazardous locations on the machine.
    (6) Hose, if used on the machine, in addition to meeting the flame 
resistant requirements for the cover of a hose provided in Sec. Sec. 
75.1107-3(b) and 75.1107-13(c) shall have a minimum burst pressure 4 
times that of the static water pressure at the mining machine. Fabric 
braid hose shall have at least two braids, and wire braid hose shall 
have at least a single braid.
    (7) In addition to the hose located at the hydrant (which is 
intended to be connected to the hose on the machine)

[[Page 560]]

the firefighting equipment required by Sec. 75.1100-2(a) shall be 
maintained.
    (8) A sufficient number of trained miners shall be kept on the 
section when the machine is in use to connect the machine hose to the 
hydrant hose and achieve water flow in not more than 3 minutes.

[37 FR 15303, July 29, 1972]



Sec. 75.1107-14  Guards and handrails; requirements where fire suppression 
devices are employed.

    All unattended underground equipment provided with fire suppression 
devices which are mounted in dead end entries, enclosed rooms or other 
potentially hazardous locations shall be equipped with adequate guards 
at moving or rotating components. Handrails or other effective 
protective devices shall be installed at such locations where necessary 
to facilitate rapid egress from the area surrounding such equipment.

[37 FR 15303, July 29, 1972]



Sec. 75.1107-15  Fire suppression devices; hazards; training of miners.

    Each operator shall instruct all miners normally assigned to the 
active workings of the mine with respect to any hazards inherent in the 
operation of all fire suppression devices installed in accordance with 
Sec. 75.1107-1 and, where appropriate, the safeguards available at each 
such installation.

[37 FR 15303, July 29, 1972]



Sec. 75.1107-16  Inspection of fire suppression devices.

    (a) All fire suppression devices shall be visually inspected at 
least once each week by a person qualified to make such inspections.
    (b) Each fire suppression device shall be tested and maintained in 
accordance with the requirements specified in the appropriate National 
Fire Code listed as follows for the type and kind of device used:

National Fire Code No. 11A ``High Expansion Foam Systems'' (NFPA No. 
11A--1970).
National Fire Code No. 13A ``Care and Maintenance of Sprinkler Systems'' 
(NFPA No. 13A--1971).
National Fire Code No. 15 ``Water Spray Fixed Systems for Fire 
Protection'' (NFPA No. 15--1969).
National Fire Code No. 17 ``Dry Chemical Extinguishing Systems'' (NFPA 
No. 17--1969).
National Fire Code No. 72A ``Local Protective Signaling Systems'' (NFPA 
No. 72A--1967).
National Fire Code No. 198 ``Care of Fire Hose'' (NFPA No. 198--1969).

    (c) A record of the inspections required by this section shall be 
maintained by the operator. The record of the weekly inspections may be 
maintained at an appropriate location by each fire suppression device.

[37 FR 15304, July 29, 1972, as amended at 60 FR 33723, June 29, 1995]



Sec. 75.1107-17  Incorporation by reference; availability of publications.

    In accordance with 5 U.S.C. 552(a), the technical publications to 
which reference is made in Sec. Sec. 75.1107-1 through 75.1107-16, and 
which have been prepared by organizations other than the Bureau of Mines 
or the Mine Safety and Health Administration, are hereby incorporated by 
reference and made a part hereof. The incorporated publications are 
available for examination at each Coal Mine Health and Safety District 
and Subdistrict Office of the Mine Safety and Health Administration. 
National Fire Codes are available from the National Fire Protection 
Association, 60 Batterymarch Street, Boston, MA 02110.

[37 FR 15304, July 29, 1972]



Sec. 75.1108  Flame-resistant conveyor belts.

                         [Statutory Provisions]

    On and after March 30, 1970, all conveyor belts acquired for use 
underground shall meet the requirements to be established by the 
Secretary for flame-resistant conveyor belts.



Sec. 75.1108-1  Approved conveyor belts.

    Conveyor belts which have been approved as flame-resistant by the 
Bureau of Mines under Part 18 of this chapter (Bureau of Mines Schedule 
2G) meet the requirements of Sec. 75.1108.

[[Page 561]]



                             Subpart M_Maps



Sec. 75.1200  Mine map.

                         [Statutory Provisions]

    The operator of a coal mine shall have in a fireproof repository 
located in an area on the surface of the mine chosen by the mine 
operator to minimize the danger of destruction by fire or other hazard, 
an accurate and up-to-date map of such mine drawn on scale. Such map 
shall show:
    (a) The active workings;
    (b) All pillared, worked out, and abandoned areas, except as 
provided in this section;
    (c) Entries and aircourses with the direction of airflow indicated 
by arrows;
    (d) Contour lines of all elevations;
    (e) Elevations of all main and cross or side entries;
    (f) Dip of the coalbed;
    (g) Escapeways;
    (h) Adjacent mine workings within 1,000 feet;
    (i) Mines above or below;
    (j) Water pools above; and
    (k) Either producing or abandoned oil and gas wells located within 
500 feet of such mine and any underground area of such mine; and,
    (l) Such other information as the Secretary may require. Such map 
shall identify those areas of the mine which have been pillared, worked 
out, or abandoned, which are inaccessible or cannot be entered safely 
and on which no information is available.



Sec. 75.1200-1  Additional information on mine map.

    Additional information required to be shown on mine maps under Sec. 
75.1200 shall include the following:
    (a) Name and address of the mine;
    (b) The scale and orientation of the map;
    (c) The property or boundary lines of the mine;
    (d) All drill holes that penetrate the coalbed being mined;
    (e) All shaft, slope, drift, and tunnel openings and auger and strip 
mined areas of the coalbed being mined;
    (f) The location of all surface mine ventilation fans; the location 
may be designated on the mine map by symbols;
    (g) The location of railroad tracks and public highways leading to 
the mine, and mine buildings of a permanent nature with identifying 
names shown;
    (h) The location and description of at least two permanent base line 
points coordinated with the underground and surface mine traverses, and 
the location and description of at least two permanent elevation bench 
marks used in connection with establishing or referencing mine elevation 
surveys;
    (i) The location of any body of water dammed in the mine or held 
back in any portion of the mine; provided, however, such bodies of water 
may be shown on overlays or tracings attached to the mine maps used to 
show contour lines as provided under paragraph (m) of this section;
    (j) The elevations of tops and bottoms of shafts and slopes, and the 
floor at the entrance to drift and tunnel openings;
    (k) The elevation of the floor at intervals of not more than 200 
feet in:
    (1) At least one entry of each working section, and main and cross 
entries;
    (2) The last line of open crosscuts of each working section, and 
main and cross entries before such sections and main and cross entries 
are abandoned;
    (3) Rooms advancing toward or adjacent to property or boundary lines 
or adjacent mines;
    (l) The elevation of any body of water dammed in the mine or held 
back in any portion of the mine; and,
    (m) Contour lines passing through whole number elevations of the 
coalbed being mined. The spacing of such lines shall not exceed 10-foot 
elevation levels, except that a broader spacing of contour lines may be 
approved by the District Manager for steeply-pitching coalbeds. Contour 
lines may be placed on overlays or tracings attached to mine maps.



Sec. 75.1200-2  Accuracy and scale of mine maps.

    (a) The scale of mine maps submitted to the Secretary shall not be 
less than 100 or more than 500 feet to the inch.
    (b) Mine traverses shall be advanced by closed loop methods of 
traversing or

[[Page 562]]

other equally accurate methods of traversing.



Sec. 75.1201  Certification.

                         [Statutory Provisions]

    Such map shall be made or certified by a registered engineer or a 
registered surveyor of the State in which the mine is located.



Sec. 75.1202  Temporary notations, revisions, and supplements.

                         [Statutory Provisions]

    Such map shall be kept up-to-date by temporary notations and such 
map shall be revised and supplemented at intervals prescribed by the 
Secretary on the basis of a survey made or certified by such engineer or 
surveyor.



Sec. 75.1202-1  Temporary notations, revisions, and supplements.

    (a) Mine maps shall be revised and supplemented at intervals of not 
more than 6 months.
    (b) Temporary notations shall include:
    (1) The location of each working face of each working place;
    (2) Pillars mined or other such second mining;
    (3) Permanent ventilation controls constructed or removed, such as 
seals, overcasts, undercasts, regulators, and permanent stoppings, and 
the direction of air currents indicated;
    (4) Escapeways designated by means of symbols.



Sec. 75.1203  Availability of mine map.

                         [Statutory Provisions]

    The coal mine map and any revision and supplement thereof shall be 
available for inspection by the Secretary or his authorized 
representative, by coal mine inspectors of the State in which the mine 
is located, by miners in the mine and their representatives and by 
operators of adjacent coal mines and by persons owning, leasing, or 
residing on surface areas of such mines or areas adjacent to such mines. 
The operator shall furnish to the Secretary or his authorized 
representative and to the Secretary of Housing and Urban Development, 
upon request, one or more copies of such maps and any revision and 
supplement thereof. Such map or revision and supplement thereof shall be 
kept confidential and its contents shall not be divulged to any other 
person, except to the extent necessary to carry out the provisions of 
this Act and in connection with the functions and responsibilities of 
the Secretary of Housing and Urban Development.



Sec. 75.1204  Mine closure; filing of map with Secretary.

                         [Statutory Provisions]

    Whenever an operator permanently closes or abandons a coal mine, or 
temporarily closes a coal mine for a period of more than 90 days, he 
shall promptly notify the Secretary of such closure. Within 60 days of 
the permanent closure or abandonment of the mine, or, when the mine is 
temporarily closed, upon the expiration of a period of 90 days from the 
date of closure, the operator shall file with the Secretary a copy of 
the mine map revised and supplemented to the date of the closure. Such 
copy of the mine map shall be certified by a registered surveyor or 
registered engineer of the State in which the mine is located and shall 
be available for public inspection.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]



Sec. 75.1204-1  Places to give notice and file maps.

    Operators shall give notice of mine closures and file copies of maps 
with the Coal Mine Safety District Office for the district in which the 
mine is located.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]



                    Subpart N_Explosives and Blasting

    Source: 53 FR 46786, Nov. 18, 1988, unless otherwise noted.



Sec. 75.1300  Definitions.

    The following definitions apply in this subpart.
    Approval. A document issued by MSHA which states that an explosive

[[Page 563]]

or explosive unit has met the requirements of this part and which 
authorizes an approval marking identifying the explosive or explosive 
unit as approved as permissible.
    Battery starting. The use of unconfined explosives to start the flow 
of coal down a breast or chute in an anthracite mine.
    Blasting off the solid. Blasting the working face without providing 
a second free face by cutting, shearing or other method before blasting.
    Instantaneous detonator. An electric detonator that fires within 6 
milliseconds after application of the firing current.
    Laminated partition. A partition composed of the following material 
and minimum nominal dimensions: \1/2\-inch thick plywood, \1/2\-inch 
thick gypsum wall board, \1/8\-inch thick low carbon steel and \1/4\-
inch thick plywood, bonded together in that order.
    Opener hole. The first hole or holes fired in a round blasted off 
the solid to create an additional free face.
    Permissible blasting unit. A device that has been approved by MSHA 
and that is used for firing electric detonators.
    Permissible explosive. Any substance, compound or mixture which is 
approved by MSHA and whose primary purpose is to function by explosion.
    Round. A group of boreholes fired or intended to be fired in a 
continuous sequence with one application of the firing current.
    Sheathed explosive unit. A device consisting of an approved or 
permissible explosive covered by a sheath encased in a sealed covering 
and designed to be fired outside the confines of a borehole.
    Short-delay electric detonator. An electric detonator with a 
designated delay period of 25 to 1,000 milliseconds.



Sec. 75.1301  Qualified person.

    (a) A qualified person under this subpart is a person who--
    (1) Is certified or qualified to use explosives by the State in 
which the mine is located provided that the State requires a 
demonstration of ability to safely use permissible explosives as 
prescribed by this subpart effective January 17, 1989; or
    (2) In States that do not certify or qualify persons to use 
explosives required by this section, has at least 1 year of experience 
working in an underground coal mine that includes direct involvement 
with procedures for handling, loading, and preparing explosives for 
blasting and demonstrates to an authorized representative of the 
Secretary the ability to use permissible explosives safely.
    (b) Persons qualified or certified by a State to use permissible 
explosives in underground coal mines as of May 17, 1989, are considered 
qualified under this section even though their State program did not 
contain a demonstration of ability requirement.

[35 FR 17890, Nov. 20, 1970, as amended at 56 FR 51616, Oct. 11, 1991; 
60 FR 33723, June 29, 1995]



Sec. 75.1310  Explosives and blasting equipment.

    (a) Only permissible explosives, approved sheathed explosive units, 
and permissible blasting units shall be taken or used underground.
    (b) Black blasting powder, aluminum-cased detonators, aluminum-
alloy-cased detonators, detonators with aluminum leg wires, and safety 
fuses shall not be taken or used underground.
    (c) Explosives shall be fired only with a permissible blasting unit 
used in a manner consistent with its approval. Blasting units approved 
by MSHA that have approval labels specifying use with short-delay 
detonators with delay periods between 25-500 milliseconds are accepted 
to fire short-delay detonators up to 1,000 milliseconds, instantaneous 
detonators and long period delay detonators for anthracite mines.
    (d) Permissible explosives and sheathed explosive units shall not be 
used underground when they are below the minimum product firing 
temperature specified by the approval. Explosives previously approved 
which do not specify a minimum firing temperature are permissible for 
use so long as the present approval is maintained.
    (e) Electric detonators shall be compatible with the blasting unit 
and have sufficient strength to initiate the explosives being used.

[[Page 564]]



Sec. 75.1311  Transporting explosives and detonators.

    (a) When explosives and detonators are to be transported 
underground--
    (1) They shall be enclosed in separate, substantially constructed 
containers made of nonconductive material, with no metal or other 
conductive materials exposed inside, except as specified in paragraph 
(d) of this section; and
    (2) Each container of explosives and of detonators shall be 
indelibly marked with a readily visible warning identifying the 
contents.
    (b) When explosives and detonators are transported by any cars or 
vehicles--
    (1) The cars or vehicles shall be marked with warnings to identify 
the contents as explosive. The warnings shall be readily visible to 
miners approaching from any direction and in indelible letters;
    (2) Explosives and detonators shall be transported either in 
separate cars or vehicles, or if in the same cars or vehicles as 
follows:
    (i) Class A and Class C detonators in quantities greater than 1,000 
shall be kept in the original containers as shipped from the 
manufacturer and separated from explosives by a hardwood partition at 
least 4 inches thick, a laminated partition or equivalent; and
    (ii) Class A and Class C detonators in quantities of no more than 
1,000 shall be separated from explosives by a hardwood partition at 
least 4 inches thick, a laminated partition or equivalent.
    (3) No persons, other than those necessary to operate the equipment 
or to accompany the explosives and detonators, shall be transported with 
explosives and detonators, and
    (4) When explosives and detonators are transported using trolley 
locomotives--
    (i) Trips carrying explosives and detonators shall be separated from 
all other mantrips by at least a 5-minute interval; and
    (ii) Cars containing explosives or detonators shall be separated 
from the locomotives by at least one car that is empty or that contains 
noncombustible materials.
    (c) When explosives and detonators are transported on conveyor 
belts--
    (1) Containers of explosives shall be separated from containers of 
detonators by at least 50 feet;
    (2) At least 6 inches of clearance shall be maintained between the 
top of any container of explosives or container of detonators and the 
mine roof or other obstruction;
    (3) Except when persons are riding the belt to accompany explosives 
or detonators, a person shall be at each transfer point between belts 
and at the unloading location; and
    (4) Conveyor belts shall be stopped before explosives or detonators 
are loaded or unloaded.
    (d) When explosives and detonators are transported by hand they 
shall be carried in separate, nonconductive, closed containers.



Sec. 75.1312  Explosives and detonators in underground magazines.

    (a) The quantity of explosives kept underground shall not be more 
than is needed for 48 hours of use.
    (b) Except as provided in Sec. 75.1313, explosives and detonators 
taken underground shall be kept in--
    (1) Separate, closed magazines at least 5 feet apart; or
    (2) The same closed magazine when--
    (i) Separated by a hardwood partition at least 4 inches thick; or
    (ii) Separated by a laminated partition; or
    (iii) Separated by a device that is equivalent.
    (c) Only explosives and detonators shall be kept in underground 
magazines.
    (d) Magazines shall be substantially constructed and all interior 
surfaces shall be made of nonconductive material, with no metal or other 
conductive material exposed inside.
    (e) All magazines shall be--
    (1) Located at least 25 feet from roadways and any source of 
electric current;
    (2) Located out of the direct line of the forces from blasting; and
    (3) Kept as dry as practicable.
    (f) Magazine locations shall be posted with indelibly marked and 
readily visible warnings indicating the presence of explosives.

[[Page 565]]

    (g) Only materials and equipment to be used in blasting shall be 
stored at magazine locations.



Sec. 75.1313  Explosives and detonators outside of magazines.

    (a) The quantity of explosives outside a magazine for use in a 
working section or other area where blasting is to be performed shall--
    (1) Not exceed 100 pounds; or
    (2) Not exceed the amount necessary to blast one round when more 
than 100 pounds of explosives is required.
    (b) Explosives and detonators outside a magazine that are not being 
transported or prepared for loading boreholes shall be kept in closed 
separate containers made of nonconductive material with no metal or 
other conductive material exposed inside and the containers shall be--
    (1) At least 15 feet from any source of electric current;
    (2) Out of the direct line of the forces from blasting;
    (3) In a location to prevent damage by mobile equipment; and
    (4) Kept as dry as practicable.
    (c) Explosives and detonators not used during the shift shall be 
returned to a magazine by the end of the shift.



Sec. 75.1314  Sheathed explosive units.

    (a) A separate instantaneous detonator shall be used to fire each 
sheathed explosive unit.
    (b) Sheathed explosive units shall be primed and placed in position 
for firing only by a qualified person or a person working in the 
presence of and under the direction of a qualified person. To prime a 
sheathed explosive unit, the entire detonator shall be inserted into the 
detonator well of the unit and be held securely in place.
    (c) Sheathed explosive units shall not be primed until immediately 
before the units are placed where they are to be fired. A sheathed 
explosive unit shall not be primed if it is damaged or deteriorated.
    (d) Except in anthracite mines, rock dust shall be applied to the 
roof, ribs and floor within a 40-foot radius of the location where the 
sheathed explosive units are to be fired.
    (e) No more than three sheathed explosive units shall be fired at 
one time.
    (f) No sheathed explosive unit shall be fired in contact with 
another sheathed explosive unit.



Sec. 75.1315  Boreholes for explosives.

    (a) All explosives fired underground shall be confined in boreholes 
except--
    (1) Sheathed explosives units and other explosive units approved by 
MSHA for firing outside the confines of a borehole; and
    (2) Shots fired in anthracite mines for battery starting or for 
blasting coal overhangs. No person shall go inside a battery to start 
the flow of material.
    (b) Each borehole in coal for explosives shall be at least 24 inches 
from any other borehole and from any free face, unless prohibited by the 
thickness of the coal seam.
    (c) Each borehole in rock for explosives shall be at least 18 inches 
from any other borehole in rock, at least 24 inches from any other 
borehole in coal, and at least 18 inches from any free face.
    (d) No borehole that has contained explosives shall be used for 
starting any other hole.
    (e) When blasting slab rounds off the solid, opener holes shall not 
be drilled beyond the rib line.
    (f) When coal is cut for blasting, the coal shall be supported if 
necessary to maintain the stability of the column of explosives in each 
borehole.



Sec. 75.1316  Preparation before blasting.

    (a)(1) All nonbattery-powered electric equipment, including cables, 
located within 50 feet from boreholes to be loaded with explosives or 
the sites where sheathed explosive units are to be placed and fired 
shall be deenergized or removed to at least 50 feet from these locations 
before priming of explosives. Battery-powered equipment shall be removed 
to at least 50 feet from these locations before priming of explosives.
    (2) As an alternative to paragraph (a)(1) of this section, electric 
equipment, including cables, need not be deenergized or removed if 
located at least 25 feet from these locations provided stray current 
tests conducted prior to priming the explosives detect stray currents of 
0.05 ampere or less through a 1-ohm resistor.

[[Page 566]]

    (i) Tests shall be made at floor locations on the perimeter, on 
energized equipment frames and on repaired areas of energized cables 
within the area between 25 to 50 feet from the locations where the 
explosives are to be primed.
    (ii) Tests shall be conducted using a blasting multimeter or other 
instrument specifically designed for such use.
    (3) The blasting cable or detonator circuitry shall not come in 
contact with energized electric equipment, including cables.
    (b) Before loading boreholes with explosives, each borehole shall be 
cleared and its depth and direction determined.
    (c) No borehole drilled beyond the depth of cut coal shall be loaded 
with explosives unless that portion of the borehole deeper than the cut 
is tamped with noncombustible material.
    (d) When two working faces are approaching each other, cutting, 
drilling and blasting shall be done at only one working face at a time 
if the two faces are within 25 feet of each other.

[35 FR 17890, Nov. 20, 1970, as amended at 56 FR 51616, Oct. 11, 1991]



Sec. 75.1317  Primer cartridges.

    (a) Primer cartridges shall be primed and loaded only by a qualified 
person or a person working in the presence of and under the direction of 
a qualified person.
    (b) Primer cartridges shall not be primed until immediately before 
loading boreholes.
    (c) Only a nonsparking punch shall be used when priming explosive 
cartridges.
    (d) Detonators shall be completely within and parallel to the length 
of the cartridge and shall be secured by half-hitching the leg wires 
around the cartridge or secured by an equally effective method.



Sec. 75.1318  Loading boreholes.

    (a) Explosives shall be loaded by a qualified person or a person 
working in the presence of and under the direction of a qualified 
person.
    (b) When boreholes are being loaded, no other work except that 
necessary to protect persons shall be done in the working place or other 
area where blasting is to be performed.
    (c) When loading boreholes drilled at an angle of 45 degrees or 
greater from the horizontal in solid rock or loading long holes drilled 
upward in anthracite mines--
    (1) The first cartridge in each borehole shall be the primer 
cartridge with the end of the cartridge containing the detonator facing 
the back of the borehole; and
    (2) The explosive cartridges shall be loaded in a manner that 
provides contact between each cartridge in the borehole.
    (d) When loading other boreholes--
    (1) The primer cartridge shall be the first cartridge loaded in the 
borehole;
    (2) The end of the cartridge in which the detonator is inserted 
shall face the back of the borehole; and
    (3) The primer cartridge and other explosives shall be pushed to the 
back of the borehole in a continuous column with no cartridge being 
deliberately crushed or deformed.
    (e) An explosive shall not be loaded into a borehole if it is 
damaged, deteriorated or if the cartridge is incompletely filled.
    (f) Explosives of different brands, types or cartridge diameters 
shall not be loaded in the same borehole.
    (g) Only nonconductive, nonsparking tamping poles shall be used for 
loading and tamping boreholes. The use of nonsparking connecting devices 
for extendable tamping poles is permitted.

[53 FR 46786, Nov. 18, 1988; 54 FR 888, Jan. 10, 1989]



Sec. 75.1319  Weight of explosives permitted in boreholes in bituminous 
and lignite mines.

    (a) The total weight of explosives loaded in any borehole in 
bituminous and lignite mines shall not exceed 3 pounds except when 
blasting solid rock in its natural deposit.
    (b) The total weight of explosives loaded in a borehole less than 6 
feet deep in bituminous and lignite mines shall be reduced by \1/2\ 
pound for each foot of borehole less than 6 feet.



Sec. 75.1320  Multiple-shot blasting.

    (a) No more than 20 boreholes shall be fired in a round unless 
permitted in writing by the District Manager under Sec. 75.1321.

[[Page 567]]

    (b) Instantaneous detonators shall not be used in the same circuit 
with delay detonators in any underground coal mine.
    (c) In bituminous and lignite mines, only detonators with delay 
periods of 1,000 milliseconds or less shall be used.
    (d) When blasting in anthracite mines, each borehole in a round 
shall be initiated in sequence from the opener hole or holes.
    (e) Arrangement of detonator delay periods for bituminous and 
lignite mines shall be as follows:
    (1) When blasting cut coal--
    (i) The first shot or shots fired in a round shall be initiated in 
the row nearest the kerf or the row or rows nearest the shear; and
    (ii) After the first shot or shots, the interval between the 
designated delay periods of successive shots shall be at least 50 
milliseconds but not more than 100 milliseconds.
    (2) When blasting coal off the solid--
    (i) Each shot in the round shall be initiated in sequence from the 
opener hole or holes; and
    (ii) After the first shot or shots, the interval between the 
designated delay periods of successive shots shall be at least 50 
milliseconds but not more than 100 milliseconds.



Sec. 75.1321  Permits for firing more than 20 boreholes and for use of 
nonpermissible blasting units.

    (a) Applications for permits for firing more than 20 boreholes in a 
round and for the use of nonpermissible blasting units shall be 
submitted in writing to the District Manager for the district in which 
the mine is located and shall contain the following information:
    (1) The name and address of the mine;
    (2) The active workings in the mine affected by the permit and the 
approximate number of boreholes to be fired;
    (3) The period of time during which the permit will apply;
    (4) The nature of the development or construction for which they 
will be used, e.g., overcasts, undercasts, track grading, roof brushing 
or boom holes;
    (5) A plan, proposed by the operator designed to protect miners in 
the mine from the hazards of methane and other explosive gases during 
each multiple shot, e.g., changes in the mine ventilation system, 
provisions for auxiliary ventilation and any other safeguards necessary 
to minimize such hazards;
    (6) A statement of the specific hazards anticipated by the operator 
in blasting for overcasts, undercasts, track grading, brushing of roof, 
boom holes or other unusual blasting situations such as coalbeds of 
abnormal thickness; and
    (7) The method to be employed to avoid the dangers anticipated 
during development or construction which will ensure the protection of 
life and the prevention of injuries to the miners exposed to such 
underground blasting.
    (b) The District Manager may permit the firing of more than 20 
boreholes of permissible explosives in a round where he has determined 
that it is necessary to reduce the overall hazard to which miners are 
exposed during underground blasting. He may also permit the use of 
nonpermissible blasting units if he finds that a permissible blasting 
unit does not have adequate blasting capacity and that the use of such 
permissible units will create any of the following development or 
construction hazards:
    (1) Exposure to disturbed roof in an adjacent cavity while scaling 
and supporting the remaining roof prior to wiring a new series of 
boreholes;
    (2) Exposure to underburden boreholes where prior rounds have 
removed the burden adjacent to a remaining borehole;
    (3) Exposure to an unsupported roof while redrilling large 
fragmented roof rock following the loss of predrilled boreholes during 
earlier blasting operations; or
    (4) Any other hazard created by the use of permissible blasting 
units during underground development or construction.
    (c) Permits shall be issued on a mine-by-mine basis for periods of 
time to be specified by the District Manager.
    (d) Permits issued under this section shall specify and include as a 
condition of their use, any safeguards, in addition to those proposed by 
the operator, which the District Manager issuing such permit has 
determined will be required to ensure the welfare of the

[[Page 568]]

miners employed in the mine at the time of the blasting permitted.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]



Sec. 75.1322  Stemming boreholes

    (a) Only noncombustible material shall be used for stemming 
boreholes.
    (b) Stemming materials other than water stemming bags shall be 
tamped to fill the entire cross sectional area of the borehole.
    (c) Stemming material shall contact the explosive cartridge nearest 
the collar of the borehole.
    (d) Each borehole 4 or more feet deep shall be stemmed for at least 
24 inches.
    (e) Each borehole less than 4 feet deep shall be stemmed for at 
least half the depth of the borehole.
    (f) When blasting off the solid in bituminous and lignite mines, 
only pliable clay dummies shall be used for stemming.
    (g) The diameter of a water stemming bag shall be within \1/4\ of an 
inch of the diameter of the drill bit used to drill the borehole.
    (h) Water stemming bags shall be constructed of tear-resistant and 
flame-resistant material and be capable of withstanding a 3-foot drop 
when filled without rupturing or developing leaks.



Sec. 75.1323  Blasting circuits.

    (a) Blasting circuits shall be protected from sources of stray 
electric current.
    (b) Detonators made by different manufacturers shall not be combined 
in the same blasting circuit.
    (c) Detonator leg wires shall be shunted until connected into the 
blasting circuit.
    (d) Blasting cables shall be--
    (1) Well insulated, copper wire of a diameter not smaller than 18-
gauge; and
    (2) Long enough to permit the round to be fired from a safe location 
that is around at least one corner from the blasting area.
    (e) Blasting cables shall be shunted until immediately before 
firing, except when testing for circuit continuity.
    (f) Wire used between the blasting cable and detonator circuitry 
shall--
    (1) Be undamaged;
    (2) Be well insulated;
    (3) Have a resistance no greater than 20-gauge copper wire; and
    (4) Be not more than 30 feet long.
    (g) Each wire connection in a blasting circuit shall be--
    (1) Properly spliced; and
    (2) Separated from other connections in the circuit to prevent 
accidental contact and arcing.
    (h) Uninsulated connections in each blasting circuit shall be kept 
out of water and shall not contact the coal, roof, ribs, or floor.
    (i) When 20 or fewer boreholes are fired in a round, the blasting 
circuit shall be wired in a single series.
    (j) Immediately prior to firing, all blasting circuits shall be 
tested for continuity and resistance using a blasting galvanometer or 
other instrument specifically designed for testing blasting circuits.

[53 FR 46786, Nov. 18, 1988; 54 FR 27641, June 30, 1989]



Sec. 75.1324  Methane concentration and tests.

    (a) No shot shall be fired in an area that contains 1.0 volume 
percent or more of methane.
    (b) Immediately before shots are fired, the methane concentration in 
a working place or any other area where blasting is to be performed, 
shall be determined by a person qualified to test for methane.



Sec. 75.1325  Firing procedures.

    (a) Shots shall be fired by a qualified person or a person working 
in the presence of and under the direction of a qualified person.
    (b) Only one face in a working place shall be blasted at a time, 
except that when blasting cut coal up to three faces may be blasted in a 
round if each face has a separate kerf and no more than a total of 20 
shots connected in a single series are fired in the round. A permit to 
fire more than 20 boreholes in a round under the provisions of 30 CFR 
75.1320 and 75.1321 may not be obtained for use when blasting multiple 
faces.
    (c) Before blasting--
    (1) All persons shall leave the blasting area and each immediately 
adjacent working place where a hazard

[[Page 569]]

would be created by the blast, to an area that is around at least one 
corner from the blasting area;
    (2) The qualified person shall ascertain that all persons are a safe 
distance from the blasting area; and
    (3) A warning shall be given and adequate time allowed for persons 
to respond.
    (d) All shots shall be fired promptly, after all persons have been 
removed to a safe location.

[35 FR 17890, Nov. 20, 1970, as amended at 56 FR 51616, Oct. 11, 1991]



Sec. 75.1326  Examination after blasting.

    (a) After blasting, the blasting area shall not be entered until it 
is clear of smoke and dust.
    (b) Immediately after the blasting area has cleared, a qualified 
person or a person working in the presence of and under the direction of 
a qualified person, shall examine the area for misfires, methane and 
other hazardous conditions.
    (c) If a round has partially detonated, the qualified person shall 
immediately leave the area and no person shall reenter the affected area 
for at least 5 minutes.



Sec. 75.1327  Misfires.

    (a) When misfires occur, only work by a qualified person to dispose 
of misfires and other work necessary to protect persons shall be done in 
the affected area.
    (b) When a misfire cannot be disposed of--
    (1) A qualified person shall post each accessible entrance to the 
area affected by the hazard of the misfire with a warning at a 
conspicuous location to prohibit entry; and
    (2) The misfire shall be immediately reported to mine management.

[53 FR 46786, Nov. 18, 1988; 54 FR 27641, June 30, 1989]



Sec. 75.1328  Damaged or deteriorated explosives and detonators.

    (a) Damaged explosives or detonators shall be--
    (1) Placed in separate containers constructed of nonconductive and 
nonsparking materials; and
    (2) Removed from the mine or placed in a magazine and removed when 
the magazine is resupplied.
    (b) Damaged detonators shall be shunted, if practicable, either 
before being removed from the mine or placed in a magazine.
    (c) Deteriorated explosives and detonators shall be handled and 
disposed of in accordance with the instructions of the manufacturer.



                     Subpart O_Hoisting and Mantrips



Sec. 75.1400  Hoisting equipment; general.

    (a) Every hoist used to transport persons shall be equipped with 
overspeed, overwind, and automatic stop controls.
    (b) Every hoist handling a platform, cage, or other device used to 
transport persons shall be equipped with brakes capable of stopping the 
fully loaded platform, cage, or other device.
    (c) Cages, platforms, or other devices used to transport persons in 
shafts and slopes shall be equipped with safety catches or other no less 
effective devices approved by the Secretary that act quickly and 
effectively in an emergency. Such catches or devices shall be tested at 
least once every two months.
    (d) Hoisting equipment, including automatic elevators, used to 
transport persons shall be examined daily.
    (e) Where persons are transported into or out of a mine by a hoist, 
a qualified hoisting engineer shall be on duty while any person is 
underground. No such engineer, however, shall be required for 
automatically operated cages, platforms, or elevators.

[48 FR 53239, Nov. 25, 1983]



Sec. 75.1400-1  Hoists; brakes, capability.

    Brakes on hoists used to transport persons shall be capable of 
stopping and holding the fully loaded platform, cage, or other device at 
any point in the shaft, slope, or incline.



Sec. 75.1400-2  Hoists; tests of safety catches; records.

    A record shall be made in a book of the tests, required by Sec. 
75.1400, of the safety catches or other devices approved by the 
Secretary. Each entry shall be signed by the person making

[[Page 570]]

the tests and countersigned by a responsible official.



Sec. 75.1400-3  Daily examination of hoisting equipment.

    Hoists and elevators shall be examined daily and such examinations 
shall include, but not be limited to, the following:
    (a) Elevators. A visual examination of the rope for wear, broken 
wires, and corrosion, especially at excessive strain points such as near 
the attachments and where the rope rests on sheaves;
    (b) Hoists and elevators. (1) An examination of the rope fastenings 
for defects;
    (2) An examination of safety catches;
    (3) An examination of the cages, platforms, elevators, or other 
devices for loose, missing or defective parts;
    (4) An examination of the head sheaves to check for broken flanges, 
defective bearings, rope alignment, and proper lubrication; and
    (5) An observation of the lining and all other equipment and 
appurtenances installed in the shaft.

[48 FR 53239, Nov. 25, 1983]



Sec. 75.1400-4  Certifications and records of daily examinations.

    At the completion of each daily examination required by Sec. 
75.1400, the person making the examination shall certify, by signature 
and date, that the examination has been made. If any unsafe condition is 
found during the examinations required by Sec. 75.1400-3, the person 
conducting the examination shall make a record of the condition and the 
date. Certifications and records shall be retained for one year.

[48 FR 53239, Nov. 25, 1983, as amended at 60 FR 33723, June 29, 1995]



Sec. 75.1401  Hoists; rated capacities; indicators.

    Hoists shall have rated capacities consistent with the loads 
handled. An accurate and reliable indicator of the position of the cage, 
platform, skip, bucket, or cars shall be provided.

[48 FR 53239, Nov. 25, 1983]



Sec. 75.1401-1  Hoists; indicators.

    The indicator required by Sec. 75.1401 of this subpart shall be 
placed so that it is in clear view of the hoisting engineer and shall be 
checked daily to determine its accuracy.

[48 FR 53239, Nov. 25, 1983]



Sec. 75.1402  Communication between shaft stations and hoist room.

                         [Statutory Provisions]

    There shall be at least two effective methods approved by the 
Secretary of signaling between each of the shaft stations and the hoist 
room, one of which shall be a telephone or speaking tube.



Sec. 75.1402-1  Communication between shaft stations and hoist room.

    One of the methods used to communicate between shaft stations and 
the hoist room shall give signals which can be heard by the hoisting 
engineer at all times while men are underground.



Sec. 75.1402-2  Tests of signaling systems.

    Signaling systems used for communication between shaft stations and 
the hoist room shall be tested daily.



Sec. 75.1403  Other safeguards.

                         [Statutory Provisions]

    Other safeguards adequate, in the judgment of an authorized 
representative of the Secretary, to minimize hazards with respect to 
transportation of men and materials shall be provided.



Sec. 75.1403-1  General criteria.

    (a) Sections 75.1403-2 through 75.1403-11 set out the criteria by 
which an authorized representative of the Secretary will be guided in 
requiring other safeguards on a mine-by-mine basis under Sec. 75.1403. 
Other safeguards may be required.
    (b) The authorized representative of the Secretary shall in writing 
advise the operator of a specific safeguard which is required pursuant 
to Sec. 75.1403 and shall fix a time in which the operator shall 
provide and thereafter maintain such safeguard. If the safeguard is not 
provided within the time fixed and

[[Page 571]]

if it is not maintained thereafter, a notice shall be issued to the 
operator pursuant to section 104 of the Act.
    (c) Nothing in the sections in the Sec. 75.1403 series in this 
Subpart O precludes the issuance of a withdrawal order because of 
imminent danger.



Sec. 75.1403-2  Criteria--Hoists transporting materials; brakes.

    Hoists and elevators used to transport materials should be equipped 
with brakes capable of stopping and holding the fully loaded platform, 
cage, skip, car, or other device at any point in the shaft, slope, or 
incline.



Sec. 75.1403-3  Criteria--Drum clutch; cage construction.

    (a) The clutch of a free-drum on a personnel hoist should be 
provided with a locking mechanism or interlocked with the brake to 
prevent accidental withdrawal of the clutch.
    (b) Cages used for hoisting persons should be constructed with the 
sides enclosed to a height of at least six feet and should have gates, 
safety chains, or bars across the ends of the cage when persons are 
being hoisted or lowered.
    (c) Self-dumping cages, platforms, or other devices used for 
transportation of persons should have a locking device to prevent 
tilting when persons are transported.
    (d) An attendant should be on duty at the surface when persons are 
being hoisted or lowered at the beginning and end of each shift.
    (e) Precautions should be taken to protect persons working in shaft 
sumps.
    (f) Workers should wear safety belts while doing work in or over 
shafts.

[48 FR 53239, Nov. 25, 1983]



Sec. 75.1403-4  Criteria--Automatic elevators.

    (a) The doors of automatic elevators should be equipped with 
interlocking switches so arranged that the elevator car will be 
immovable while any door is opened or unlocked, and arranged so that 
such door or doors cannot be inadvertently opened when the elevator car 
is not at a landing.
    (b) A ``Stop'' switch should be provided in the automatic elevator 
compartment that will permit the elevator to be stopped at any location 
in the shaft.
    (c) A slack cable device should be used where appropriate on 
automatic elevators which will automatically shut-off the power and 
apply the brakes in the event the elevator is obstructed while 
descending.
    (d) Each automatic elevator should be provided with a telephone or 
other effective communication system by which aid or assistance can be 
obtained promptly.



Sec. 75.1403-5  Criteria--Belt conveyors.

    (a) Positive-acting stop controls should be installed along all belt 
conveyors used to transport men, and such controls should be readily 
accessible and maintained so that the belt can be stopped or started at 
any location.
    (b) Belt conveyors used for regularly scheduled mantrips should be 
stopped while men are loading or unloading.
    (c) All belt conveyors used for the transportation of persons should 
have a minimum vertical clearance of 18 inches from the nearest overhead 
projection when measured from the edge of the belt and there should be 
at least 36 inches of side clearance where men board or leave such belt 
conveyors.
    (d) When men are being transported on regularly scheduled mantrips 
on belt conveyors the belt speed should not exceed 300 feet per minute 
when the vertical clearance is less than 24 inches, and should not 
exceed 350 feet per minute when the vertical clearance is 24 inches or 
more.
    (e) Adequate illumination including colored lights or reflective 
signs should be installed at all loading and unloading stations. Such 
colored lights and reflective signs should be so located as to be 
observable to all persons riding the belt conveyor.
    (f) After supplies have been transported on belt conveyors such 
belts should be examined for unsafe conditions prior to the 
transportation of men on regularly scheduled mantrips, and belt 
conveyors should be clear before men are transported.
    (g) A clear travelway at least 24 inches wide should be provided on 
both sides of all belt conveyors installed

[[Page 572]]

after March 30, 1970. Where roof supports are installed within 24 inches 
of a belt conveyor, a clear trav elway at least 24 inches wide should be 
provided on the side of such support farthest from the conveyor.
    (h) On belt conveyors that do not transport men, stop and start 
controls should be installed at intervals not to exceed 1,000 feet. Such 
controls should be properly installed and positioned so as to be readily 
accessible.
    (i) Telephone or other suitable communications should be provided at 
points where men or supplies are regularly loaded on or unloaded from 
the belt conveyors.
    (j) Persons should not cross moving belt conveyors, except where 
suitable crossing facilities are provided.



Sec. 75.1403-6  Criteria--Self-propelled personnel carriers.

    (a) Each self-propelled personnel carrier should:
    (1) Be provided with an audible warning device;
    (2) Be provided with a sealed-beam headlight, or its equivalent, on 
each end;
    (3) Be provided with reflectors on both ends and sides.
    (b) In addition, each track-mounted self-propelled personnel carrier 
should:
    (1) Be provided with a suitable lifting jack and bar, which shall be 
secured or carried in a tool compartment;
    (2) Be equipped with 2 separate and independent braking systems 
properly installed and well maintained;
    (3) Be equipped with properly installed and well-maintained sanding 
devices, except that personnel carriers (jitneys), which transport not 
more than 5 men, need not be equipped with such sanding device;
    (4) If an open type, be equipped with guards of sufficient strength 
and height to prevent personnel from being thrown from such carriers.



Sec. 75.1403-7  Criteria--Mantrips.

    (a) Mantrips should be operated independently of any loaded trip, 
empty trip, or supply trip and should not be operated within 300 feet of 
any trip, including another mantrip.
    (b) A sufficient number of mantrip cars should be provided to 
prevent overcrowding of men.
    (c) Mantrips should not be pushed.
    (d) Where mantrips are operated by locomotives on slopes such 
mantrips should be coupled to the front and rear by locomotives capable 
of holding such mantrips. Where ropes are used on slopes for mantrip 
haulage, such conveyances should be connected by chains, steel ropes, or 
other effective devices between mantrip cars and the rope.
    (e) Safety goggles or eyeshields should be provided for all persons 
being transported in open-type mantrips.
    (f) All trips, including trailers and sleds, should be operated at 
speeds consistent with conditions and the equipment used, and should be 
so controlled that they can be stopped within the limits of visibility.
    (g) All mantrips should be under the direction of a supervisor and 
the operator of each mantrip should be familiar with the haulage safety 
rules and regulations.
    (h) Men should proceed in an orderly manner to and from mantrips and 
no person should be permitted to get on or off a moving mantrip.
    (i) [Reserved]
    (j) Mantrips should not be permitted to proceed until the operator 
of the mantrip is assured that he has a clear road.
    (k) Supplies or tools, except small hand tools or instruments, 
should not be transported with men.
    (l) At places where men enter or leave mantrip conveyances, ample 
clearance should be provided and provisions made to prevent persons from 
coming in contact with energized electric circuits.
    (m) The mine car next to a trolley locomotive should not be used to 
transport men. Such cars may be used to transport small tools and 
supplies. This is not to be construed as permitting the transportation 
of large or bulky supplies such as shuttle car wheel units, or similar 
material.
    (n) Drop-bottom cars used to transport men should have the bottoms 
secured with an additional locking device.

[[Page 573]]

    (o) Extraneous materials or supplies should not be transported on 
top of equipment; however, materials and supplies that are necessary for 
or related to the operation of such equipment may be transported on top 
of such equipment if a hazard is not introduced.

[35 FR 17890, Nov. 20, 1970, as amended at 53 FR 46786, Nov. 18, 1988]



Sec. 75.1403-8  Criteria--Track haulage roads.

    (a) The speed at which haulage equipment is operated should be 
determined by the condition of the roadbed, rails, rail joints, 
switches, frogs, and other elements of the track and the type and 
condition of the haulage equipment.
    (b) Track haulage roads should have a continuous clearance on one 
side of at least 24 inches from the farthest projection of normal 
traffic. Where it is necessary to change the side on which clearance is 
provided, 24 inches of clearance should be provided on both sides for a 
distance of not less than 100 feet and warning signs should be posted at 
such locations.
    (c) Track haulage roads developed after March 30, 1970, should have 
clearance on the ``tight'' side of at least 12 inches from the farthest 
projection of normal traffic. A minimum clearance of 6 inches should be 
maintained on the ``tight'' side of all track haulage roads developed 
prior to March 30, 1970.
    (d) The clearance space on all track haulage roads should be kept 
free of loose rock, supplies, and other loose materials.
    (e) Positive stopblocks or derails should be installed on all tracks 
near the top and at landings of shafts, slopes, and surface inclines.



Sec. 75.1403-9  Criteria--Shelter holes.

    (a) Shelter holes should be provided on track haulage roads at 
intervals of not more than 105 feet unless otherwise approved by the 
Coal Mine Safety District Manager(s).
    (b) Shelter holes should be readily accessible and should be at 
least 5 feet in depth, not more than 4 feet in width (except crosscuts 
used as shelter holes) and at least the height of the coal seam where 
the coal seam is less than 6 feet high and at least 6 feet in height 
where the coal seam is 6 feet or more in height.
    (c) Shelter holes should be kept free of refuse and other 
obstructions. Crosscuts used as shelter holes should be kept free of 
refuse or other materials to a depth of at least 15 feet.
    (d) Shelter holes should be provided at all manually operated doors 
and at switch throws except: (1) At room switches, or (2) at switches 
where more than 6 feet of side clearance is provided. The Coal Mine 
Safety District Manager(s) may permit exemption of this requirement if 
such shelter holes create a hazardous roof condition.
    (e) At each underground slope landing where men pass and cars are 
handled, a shelter hole at least 10 feet in depth, 4 feet in width, and 
6 feet in height should be provided.



Sec. 75.1403-10  Criteria--Haulage; general.

    (a) A permissible trip light or other approved device such as 
reflectors, approved by the Coal Mine Safety District Manager(s), should 
be used on the rear of trips pulled, on the front of trips pushed and on 
trips lowered in slopes. However, trip lights or other approved devices 
need not be used on cars being shifted to and from loading machines, on 
cars being handled at loading heads, during gathering operations at 
working faces, when trailing locomotives are used, or on trips pulled by 
animals.
    (b) Cars on main haulage roads should not be pushed, except where 
necessary to push cars from side tracks located near the working section 
to the producing entries and rooms, where necessary to clear switches 
and sidetracks, and on the approach to cages, slopes, and surface 
inclines.
    (c) Warning lights or reflective signs or tapes should be installed 
along haulage roads at locations of abrupt or sudden changes in the 
overhead clearance.
    (d) No person, other than the motorman and brakeman, should ride on 
a locomotive unless authorized by the mine foreman, and then only when 
safe riding facilities are provided. No person should ride on any loaded 
car or on the bumper of any car. However, the brakeman may ride on the 
rear bumper

[[Page 574]]

of the last car of a slow moving trip pulled by a locomotive.
    (e) Positive-acting stopblocks or derails should be used where 
necessary to protect persons from danger of runaway haulage equipment.
    (f) An audible warning should be given by the operator of all self-
propelled equipment including off-track equipment, where persons may be 
endangered by the movement of the equipment.
    (g) Locomotives and personnel carriers should not approach to within 
300 feet of preceding haulage equipment, except trailing locomotives 
that are an integral part of the trip.
    (h) A total of at least 36 inches of unobstructed side clearance 
(both sides combined) should be provided for all rubber-tired haulage 
equipment where such equipment is used.
    (i) Off-track haulage roadways should be maintained as free as 
practicable from bottom irregularities, debris, and wet or muddy 
conditions that affect the control of the equipment.
    (j) Operators of self-propelled equipment should face in the 
direction of travel.
    (k) Mechanical steering and control devices should be maintained so 
as to provide positive control at all times.
    (l) All self-propelled rubber-tired haulage equipment should be 
equipped with well maintained brakes, lights, and a warning device.
    (m) On and after March 30, 1971, all tram control switches on 
rubber-tired equipment should be designed to provide automatic return to 
the stop or off position when released.



Sec. 75.1403-11  Criteria--Entrances to shafts and slopes.

    All open entrances to shafts should be equipped with safety gates at 
the top and at each landing. Such gates should be self-closing and 
should be kept closed except when the cage is at such landing.



Sec. 75.1404  Automatic brakes; speed reduction gear.

                         [Statutory Provisions]

    Each locomotive and haulage car used in an underground coal mine 
shall be equipped with automatic brakes, where space permits. Where 
space does not permit automatic brakes, locomotives and haulage cars 
shall be subject to speed reduction gear, or other similar devices 
approved by the Secretary, which are designed to stop the locomotives 
and haulage cars with the proper margin of safety.



Sec. 75.1404-1  Braking system.

    A locomotive equipped with a dual braking system will be deemed to 
satisfy the requirements of Sec. 75.1404 for a train comprised of such 
locomotive and haulage cars, provided the locomotive is operated within 
the limits of its design capabilities and at speeds consistent with the 
condition of the haulage road. A trailing locomotive or equivalent 
devices should be used on trains that are operated on ascending grades.



Sec. 75.1405  Automatic couplers.

                         [Statutory Provisions]

    All haulage equipment acquired by an operator of a coal mine on or 
after March 30, 1971, shall be equipped with automatic couplers which 
couple by impact and uncouple without the necessity of persons going 
between the ends of such equipment. All haulage equipment without 
automatic couplers in use in a mine on March 30, 1970, shall also be so 
equipped within 4 years after March 30, 1970.



Sec. 75.1405-1  Automatic couplers, haulage equipment.

    The requirement of Sec. 75.1405 with respect to automatic couplers 
applies only to track haulage cars which are regularly coupled and 
uncoupled.

                               Wire Ropes

    Source: Sections 75.1429 through 75.1438 appear at 48 FR 53239, Nov. 
25, 1983, unless otherwise noted.



Sec. 75.1429  Guide ropes.

    If guide ropes are used in shafts for personnel hoisting 
applications other than shaft development, the nominal strength 
(manufacturer's published catalog strength) of the guide rope at 
installation shall meet the minimum

[[Page 575]]

value calculated as follows: Minimum value=Static Loadx5.0.



Sec. 75.1430  Wire ropes; scope.

    (a) Sections 75.1430 through 75.1438 apply to wire ropes in service 
used to hoist--
    (1) Persons in shafts or slopes underground; or
    (2) Loads in shaft or slope development when persons work below the 
suspended loads.
    (b) These standards do not apply to wire ropes used for elevators.



Sec. 75.1431  Minimum rope strength.

    At installation, the nominal strength (manufacturer's published 
catalog strength) of wire ropes used for hoisting shall meet the minimum 
rope strength values obtained by the following formulas in which ``L'' 
equals the maximum suspended rope length in feet:
    (a) Winding drum ropes (all constructions, including rotation 
resistant).

For rope lengths less than 3,000 feet:
    Minimum Value=Static Loadx(7.0--0.001L)
For rope lengths 3,000 feet or greater:
    Minimum Value=Static Loadx4.0

    (b) Friction drum ropes.

For rope lengths less than 4,000 feet:
    Minimum Value=Static Loadx(7.0--0.0005L)
For rope lengths 4,000 feet or greater:
    Minimum Value=Static Loadx5.0

    (c) Tail ropes (balance ropes).

Minimum Value=Weight of Ropex7.0

[48 FR 53239, Nov. 25, 1983; 48 FR 54975, Dec. 8, 1983]



Sec. 75.1432  Initial measurement.

    After initial rope stretch but before visible wear occurs, the rope 
diameter of newly installed wire ropes shall be measured at least once 
in every third interval of active length and the measurements averaged 
to establish a baseline for subsequent measurements. A record of the 
measurements and the date shall be made by the person taking the 
measurements. This record shall be retained until the rope is retired 
from service.

[48 FR 53239, Nov. 25, 1983, as amended at 60 FR 33723, June 29, 1995]



Sec. 75.1433  Examinations.

    (a) At least once every fourteen calendar days, each wire rope in 
service shall be visually examined along its entire active length for 
visible structural damage, corrosion, and improper lubrication or 
dressing. In addition, visual examination for wear and broken wires 
shall be made at stress points, including the area near attachments, 
where the rope rests on sheaves, where the rope leaves the drum, at drum 
crossovers, and at change-of-layer regions. When any visible condition 
that results in a reduction of rope strength is present, the affected 
portion of the rope shall be examined on a daily basis.
    (b) Before any person is hoisted with a newly installed wire rope or 
any wire rope that has not been examined in the previous fourteen 
calendar days, the wire rope shall be examined in accordance with 
paragraph (a) of this section.
    (c) At least once every six months, nondestructive tests shall be 
conducted of the active length of the rope, or rope diameter 
measurements shall be made--
    (1) Wherever wear is evident;
    (2) Where the hoist rope rests on sheaves at regular stopping 
points;
    (3) Where the hoist rope leaves the drum at regular stopping points; 
and
    (4) At drum crossover and change-of-layer regions.
    (d) At the completion of each examination required by paragraph (a) 
of this section, the person making the examination shall certify, by 
signature and date, that the examination has been made. If any condition 
listed in paragraph (a) of this standard is present, the person 
conducting the examination shall make a record of the condition and the 
date. Certifications and records of examinations shall be retained for 
one year.
    (e) The person making the measurements or nondestructive tests as 
required by paragraph (c) of this section shall record the measurements 
or test results and the date. This record shall be retained until the 
rope is retired from service.

[48 FR 53239, Nov. 25, 1983, as amended at 60 FR 33723, June 29, 1995]

[[Page 576]]



Sec. 75.1434  Retirement criteria.

    Unless damage or deterioration is removed by cutoff, wire ropes 
shall be removed from service when any of the following conditions 
occurs:
    (a) The number of broken wires within a rope lay length, excluding 
filler wires, exceeds either--
    (1) Five percent of the total number of wires; or
    (2) Fifteen percent of the total number of wires within any strand;
    (b) On a regular lay rope, more than one broken wire in the valley 
between strands in one rope lay length;
    (c) A loss of more than one-third of the original diameter of the 
outer wires;
    (d) Rope deterioriation from corrosion;
    (e) Distortion of the rope structure;
    (f) Heat damage from any source;
    (g) Diameter reduction due to wear that exceeds six percent of the 
baseline diameter measurement; or
    (h) Loss of more than ten percent of rope strength as determined by 
nondestructive testing.



Sec. 75.1435  Load end attachments.

    (a) Wire rope shall be attached to the load by a method that 
develops at least 80 percent of the nominal strength of the rope.
    (b) Except for terminations where use of other materials is a design 
feature, zinc (spelter) shall be used for socketing wire ropes. Design 
feature means either the manufacturer's original design or a design 
approved by a registered professional engineer.
    (c) Load end attachment methods using splices are prohibited.



Sec. 75.1436  Drum end attachment.

    (a) For drum end attachment, wire rope shall be attached--
    (1) Securely by clips after making one full turn around the drum 
spoke;
    (2) Securely by clips after making one full turn around the shaft, 
if the drum is fixed to the shaft; or
    (3) By properly assembled anchor bolts, clamps, or wedges, provided 
that the attachment is a design feature of the hoist drum. Design 
feature means either the manufacturer's original design or a design 
approved by a registered professional engineer.
    (b) A minimum of three full turns of wire rope shall be on the drum 
when the rope is extended to its maximum working length.



Sec. 75.1437  End attachment retermination.

    Damaged or deteriorated wire rope shall be removed by cutoff and the 
rope reterminated where there is--
    (a) More than one broken wire at an attachment;
    (b) Improper installation of an attachment;
    (c) Slippage at an attachment; or
    (d) Evidence of deterioration from corrosion at an attachment.



Sec. 75.1438  End attachment replacement.

    Wire rope attachments shall be replaced when cracked, deformed, or 
excessively worn.



                       Subpart P_Mine Emergencies



Sec. 75.1500  Emergency shelters.

                         [Statutory Provisions]

    The Secretary or an authorized representative of the Secretary may 
prescribe in any coal mine that rescue chambers, properly sealed and 
ventilated, be erected at suitable locations in the mine to which 
persons may go in case of an emergency for protection against hazards. 
Such chambers shall be properly equipped with first aid materials, an 
adequate supply of air and self-contained breathing equipment, an 
independent communication system to the surface, and proper 
accommodations for the persons while awaiting rescue, and such other 
equipment as the Secretary may require. A plan for the erection, 
maintenance, and revisions of such chambers and the training of the 
miners in their proper use shall be submitted by the operator to the 
Secretary for his approval.



Sec. 75.1501  Emergency evacuations.

    (a) For each shift that miners work underground, there shall be in 
attendance a responsible person designated by the mine operator to take 
charge during mine emergencies involving a fire, explosion or gas or 
water inundations.

[[Page 577]]

The responsible person shall have current knowledge of the assigned 
location and expected movements of miners underground, the operation of 
the mine ventilation system, the location of the mine escapeways, the 
mine communications system, any mine monitoring system if used, and the 
mine emergency evacuation and firefighting program of instruction.
    (b) The responsible person shall initiate and conduct an immediate 
mine evacuation when there is a mine emergency which presents an 
imminent danger to miners due to fire or explosion or gas or water 
inundation. Only properly trained and equipped persons essential to 
respond to the mine emergency may remain underground.
    (c) The mine operator shall instruct all miners of the identity of 
the responsible person designated by the operator for their workshift. 
The mine operator shall instruct miners of any change in the identity of 
the responsible person before the start of their workshift.
    (d) Nothing in this section shall be construed to restrict the 
ability of other persons in the mine to warn of an imminent danger which 
warrants evacuation.

[68 FR 53049, Sept. 9, 2003]



Sec. 75.1502  Mine emergency evacuation and firefighting program of 
instruction.

    (a) Each operator of an underground coal mine shall adopt and follow 
a mine emergency evacuation and firefighting program that instructs all 
miners in the proper evacuation procedures they must follow if a mine 
emergency occurs, location and use of firefighting equipment, and 
location of escapeways, exits, and routes of travel to the surface. Such 
program of instruction shall be approved by the District Manager of the 
Coal Mine Safety and Health district in which the mine is located. 
Before implementing any approved revision to the program of instruction, 
the operator shall instruct persons affected by the revision in any new 
provisions. The approved program of instruction shall include a specific 
plan designed to acquaint miners on all shifts with procedures for:
    (1) Mine emergency evacuation for mine emergencies that present an 
imminent danger to miners due to fire, explosion, or gas or water 
inundation;
    (2) Evacuation of all miners not required for a mine emergency 
response;
    (3) Rapid assembly and transportation of necessary miners, fire 
suppression equipment, and rescue apparatus to the scene of the mine 
emergency; and,
    (4) Operation of the fire suppression equipment available in the 
mine.
    (b) In addition to the approved program of instruction required by 
paragraph (a) of this section, each operator of an underground coal mine 
shall ensure that:
    (1) At least two miners in each working section on each production 
shift are proficient in the use of all fire suppression equipment 
available on such working section, and know the location of such fire 
suppression equipment;
    (2) Each operator of attended equipment specified in Sec. 75.1107-
1(c)(1), and each miner assigned to perform job duties at the job site 
in the direct line of sight of attended equipment as described in Sec. 
75.1107-1(c)(2), is proficient in the use of fire suppression devices 
installed on such attended equipment; and,
    (3) The shift foreman and at least one miner for every five miners 
working underground on a maintenance shift are proficient in the use of 
fire suppression equipment available in the mine, and know the location 
of such fire suppression equipment.
    (c) Each operator of an underground coal mine shall require all 
miners to participate in mine emergency evacuation drills, which shall 
be held at periods of time so as to ensure that all miners participate 
in such evacuations at intervals of not more than 90 days.
    (1) The operator shall certify by signature and date that the mine 
emergency evacuation drills were held in accordance with the 
requirements of this section. Certifications shall be kept at the mine 
for one year and made available on request to an authorized 
representative of the Secretary, and to the representative of the 
miners.
    (2) For purposes of this paragraph (c), a mine emergency evacuation 
drill shall consist of a simulation of the actions required by the 
approved mine emergency evacuation and firefighting

[[Page 578]]

plan described in paragraph (a)(1) through (4) of this section.

[68 FR 53050, Sept. 9, 2003]



                        Subpart Q_Communications



Sec. 75.1600  Communications.

                         [Statutory Provisions]

    Telephone service or equivalent two-way communication facilities, 
approved by the Secretary or his authorized representative, shall be 
provided between the surface and each landing of main shafts and slopes 
and between the surface and each working section of any coal mine that 
is more than 100 feet from a portal.



Sec. 75.1600-1  Communication facilities; main portals; installation 
requirements.

    A telephone or equivalent two-way communication facility shall be 
located on the surface within 500 feet of all main portals, and shall be 
installed either in a building or in a box-like structure designed to 
protect the facilities from damage by inclement weather. At least one of 
these communication facilities shall be at a location where a 
responsible person who is always on duty when men are underground can 
hear the facility and respond immediately in the event of an emergency.

[38 FR 29999, Oct. 31, 1973]



Sec. 75.1600-2  Communication facilities; working sections; installation 
and maintenance requirements; audible or visual alarms.

    (a) Telephones or equivalent two-way communication facilities 
provided at each working section shall be located not more than 500 feet 
outby the last open crosscut and not more than 800 feet from the 
farthest point of penetration of the working places on such section.
    (b) The incoming communication signal shall activate an audible 
alarm, distinguishable from the surrounding noise level, or a visual 
alarm that can be seen by a miner regularly employed on the working 
section.
    (c) If a communication system other than telephones is used and its 
operation depends entirely upon power from the mine electric system, 
means shall be provided to permit continued communication in the event 
the mine electric power fails or is cut off; provided, however, that 
where trolley phones and telephones are both used, an alternate source 
of power for the trolley phone system is not required.
    (d) Trolley phones connected to the trolley wire shall be grounded 
in accordance with Subpart H of this part.
    (e) Telephones or equivalent two-way communication facilities shall 
be maintained in good operating condition at all times. In the event of 
any failure in the system that results in loss of communication, repairs 
shall be started immediately, and the system restored to operating 
condition as soon as possible.

[38 FR 29999, Oct. 31, 1973]



                         Subpart R_Miscellaneous



Sec. 75.1700  Oil and gas wells.

                         [Statutory Provisions]

    Each operator of a coal mine shall take reasonable measures to 
locate oil and gas wells penetrating coalbeds or any underground area of 
a coal mine. When located, such operator shall establish and maintain 
barriers around such oil and gas wells in accordance with State laws and 
regulations, except that such barriers shall not be less than 300 feet 
in diameter, unless the Secretary or his authorized representative 
permits a lesser barrier consistent with the applicable State laws and 
regulations where such lesser barrier will be adequate to protect 
against hazards from such wells to the miners in such mine, or unless 
the Secretary or his authorized representative requires a greater 
barrier where the depth of the mine, other geologic conditions, or other 
factors warrant such a greater barrier.



Sec. 75.1702  Smoking; prohibition.

                         [Statutory Provisions]

    No person shall smoke, carry smoking materials, matches, or lighters 
underground, or smoke in or around oil houses, explosives magazines, or 
other

[[Page 579]]

surface areas where such practice may cause a fire or explosion. The 
operator shall institute a program, approved by the Secretary, to insure 
that any person entering the underground area of the mine does not carry 
smoking materials, matches, or lighters.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]



Sec. 75.1702-1  Smoking programs.

    Programs required under Sec. 75.1702 shall be submitted to the Coal 
Mine Safety District Manager for approval on or before May 30, 1970.



Sec. 75.1703  Portable electric lamps.

                         [Statutory Provisions]

    Persons underground shall use only permissible electric lamps 
approved by the Secretary for portable illumination. No open flame shall 
be permitted in the underground area of any coal mine, except as 
permitted under Sec. 75.1106.



Sec. 75.1703-1  Permissible lamps.

    Lamps approved by the Bureau of Mines or the Mine Safety and Health 
Administration under Part 19 or Part 20 of this chapter (Bureau of Mines 
Schedule 6D and Schedule 10C) are approved lamps for the purposes of 
Sec. 75.1703.



Sec. 75.1707-1  New working section.

    The term ``new working section'' as used in Sec. 75.1707 means any 
extension of the belt or trolley haulage system in main, cross, and room 
entries necessary for the development of the mine on and after March 30, 
1970. Room entries being developed as of March 30, 1970, with certified 
stop line limitations as shown on the mine map and retreating panels 
shall not be considered as new working sections.



Sec. 75.1708  Surface structures, fireproofing.

                         [Statutory Provisions]

    After March 30, 1970, all structures erected on the surface within 
100 feet of any mine opening shall be of fireproof construction. Unless 
structures existing on or prior to such date which are located within 
100 feet of any mine opening are of such construction, fire doors shall 
be erected at effective points in mine openings to prevent smoke or fire 
from outside sources endangering miners underground. These doors shall 
be tested at least monthly to insure effective operation. A record of 
such tests shall be kept in an area on the surface of the mine chosen by 
the operator to minimize the danger of destruction by fire or other 
hazard and shall be available for inspection by interested persons.



Sec. 75.1708-1  Surface structures; fireproof construction.

    Structures of fireproof construction is interpreted to mean 
structures with fireproof exterior surfaces.



Sec. 75.1709  Accumulations of methane and coal dust on surface 
coal-handling facilities.

                         [Statutory Provisions]

    Adequate measures shall be taken to prevent methane and coal dust 
from accumulating in excessive concentrations in or on surface coal-
handling facilities, but in no event shall methane be permitted to 
accumulate in concentrations in or on surface coal-handling facilities 
in excess of limits established for methane by the Secretary on and 
after March 30, 1971. Where coal is dumped at or near air-intake 
openings, provisions shall be made to avoid dust from entering the mine.



Sec. 75.1710  Canopies or cabs; diesel-powered and electric face 
equipment.

    In any coal mine where the height of the coalbed permits, an 
authorized representative of the Secretary may require that diesel-
powered and electric face equipment, including shuttle cars, be provided 
with substantially constructed canopies or cabs to protect the miners 
operating such equipment from roof falls and from rib and face rolls.

[61 FR 55527, Oct. 25, 1996]

[[Page 580]]



Sec. 75.1710-1  Canopies or cabs; self-propelled diesel-powered and 
electric face equipment; installation requirements.

    (a) Except as provided in paragraph (f) of this section, all self-
propelled diesel-powered and electric face equipment, including shuttle 
cars, which is employed in the active workings of each underground coal 
mine on and after January 1, 1973, shall, in accordance with the 
schedule of time specified in paragraphs (a) (1), (2), (3), (4), (5), 
and (6) of this section, be equipped with substantially constructed 
canopies or cabs, located and installed in such a manner that when the 
operator is at the operating controls of such equipment he shall be 
protected from falls of roof, face, or rib, or from rib and face rolls. 
The requirements of this paragraph (a) shall be met as follows:
    (1) On and after January 1, 1974, in coal mines having mining 
heights of 72 inches or more;
    (2) On and after July 1, 1974, in coal mines having mining heights 
of 60 inches or more, but less than 72 inches;
    (3) On and after January 1, 1975, in coal mines having mining 
heights of 48 inches or more, but less than 60 inches;
    (4) On and after July 1, 1975, in coal mines having mining heights 
of 36 inches or more, but less than 48 inches;
    (5)(i) On and after January 1, 1976, in coal mines having mining 
heights of 30 inches or more, but less than 36 inches,
    (ii) On and after July 1, 1977, in coal mines having mining heights 
of 24 inches or more, but less than 30 inches, and
    (6) On and after July 1, 1978, in coal mines having mining heights 
of less than 24 inches.
    (b)(1) For purposes of this section, a canopy means a structure 
which provides overhead protection against falls of roof.
    (2) For purposes of this section, a cab means a structure which 
provides overhead and lateral protection against falls of roof, rib, and 
face, or rib and face rolls.
    (c) In determining whether to install substantially constructed 
canopies as opposed to substantially constructed cabs, the operator 
shall consider and take into account the following factors:
    (1) The mining method used;
    (2) Physical limitations, including but not limited to the dip of 
the coalbed, and roof, rib, and face conditions;
    (3) Previous accident experience, if any, caused by falls of roof, 
rib, and face, or rib and face rolls;
    (4) Overhead protection, such as that afforded by a substantially 
constructed canopy, against falls of roof will always be required; and
    (5) Lateral protection, such as that afforded by a substantially 
constructed cab, may also be necessary where the occurrence of falls of 
rib and face, or rib and face rolls is likely.
    (d) For purposes of this section, a canopy or cab will be considered 
to be substantially constructed if a registered engineer certifies that 
such canopy or cab has the minimum structural capacity to support 
elastically: (1) A dead weight load of 18,000 pounds, or (2) 15 p.s.i. 
distributed uniformly over the plan view area of the structure, 
whichever is lesser.
    (e) Evidence of the certification required by paragraph (d) of this 
section shall be furnished by attaching a plate, label, or other 
appropriate marking to the canopy or cab for which certification has 
been made, stating that such canopy or cab meets the minimum 
requirements for structural capacity set forth in paragraph (d) of this 
section. Written evidence of such certification shall also be retained 
by the operator, and shall be made available to an authorized 
representative of the Secretary upon request. Written evidence of 
certification may consist of the report of the registered engineer who 
certified the canopy or cab, or of information from the manufacturer of 
the canopy or cab stating that a registered engineer has certified that 
the canopy or cab meets the minimum requirements for structural capacity 
set forth in paragraph (d) of this section.
    (f) An operator may apply to the Director of Technical Support, Mine 
Safety and Health Administration, Department of Labor, 1100 Wilson 
Blvd., Room 2329, Arlington, Virginia 22209-3939, for approval of the 
installation of devices to be used in lieu of substantially constructed 
canopies or cabs on self-propelled diesel-powered and electric face 
equipment. The Director of

[[Page 581]]

Technical Support may approve such devices if he determines that the use 
thereof will afford the equipment operator no less than the same measure 
of protection from falls of roof, face, or rib, or from rib and face 
rolls as would a substantially constructed canopy or cab meeting the 
requirements of this section.

[37 FR 20690, Oct. 3, 1972, as amended at 41 FR 23200, June 9, 1976; 43 
FR 12320, Mar. 24, 1978; 47 FR 28096, June 29, 1982; 61 FR 55527, Oct. 
25, 1996; 67 FR 38386, June 4, 2002]

    Effective Date Note: At 42 FR 34877, July 7, 1977, the dates 
appearing in paragraphs (a)(5)(ii) and (a)(6) of Sec. 75.1710-1 were 
suspended indefinitely, effective July 1, 1977.



Sec. 75.1711  Sealing of mines.

                         [Statutory Provisions]

    On or after March 30, 1970, the opening of any coal mine that is 
declared inactive by the operator, or is permanently closed, or 
abandoned for more than 90 days, shall be sealed by the operator in a 
manner prescribed by the Secretary. Openings of all other mines shall be 
adequately protected in a manner prescribed by the Secretary to prevent 
entrance by unauthorized persons.



Sec. 75.1711-1  Sealing of shaft openings.

    Shaft openings required to be sealed under Sec. 75.1711 shall be 
effectively capped or filled. Filling shall be for the entire depth of 
the shaft and, for the first 50 feet from the bottom of the coalbed, the 
fill shall consist of incombustible material. Caps consisting of a 6-
inch thick concrete cap or other equivalent means may be used for 
sealing. Caps shall be equipped with a vent pipe at least 2 inches in 
diameter extending for a distance of at least 15 feet above the surface 
of the shaft.



Sec. 75.1711-2  Sealing of slope or drift openings.

    Slope or drift openings required to be sealed under Sec. 75.1711 
shall be sealed with solid, substantial, incombustible material, such as 
concrete blocks, bricks or tile, or shall be completely filled with 
incombustible material for a distance of at least 25 feet into such 
openings.



Sec. 75.1711-3  Openings of active mines.

    The openings of all mines not declared by the operator, to be 
inactive, permanently closed, or abandoned for less than 90 days shall 
be adequately fenced or posted with conspicuous signs prohibiting the 
entrance of unauthorized persons.



Sec. 75.1712  Bath houses and toilet facilities.

                         [Statutory Provisions]

    The Secretary may require any operator to provide adequate 
facilities for the miners to change from the clothes worn underground, 
to provide for the storing of such clothes from shift to shift, and to 
provide sanitary and bathing facilities. Sanitary toilet facilities 
shall be provided in the active workings of the mine when such surface 
facilities are not readily accessible to the active workings.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]



Sec. 75.1712-1  Availability of surface bathing facilities; change rooms; 
and sanitary facilities.

    Except where a waiver has been granted pursuant to the provisions of 
Sec. 75.1712-4, each operator of an underground coal mine shall on and 
after December 30, 1970, provide bathing facilities, clothing change 
rooms, and sanitary facilities, as hereinafter prescribed, for the use 
of the miners at the mine.



Sec. 75.1712-2  Location of surface facilities.

    Bathhouses, change rooms, and sanitary toilet facilities shall be in 
a location convenient for the use of the miners. Where such facilities 
are designed to serve more than one mine, they shall be centrally 
located so as to be as convenient for the use of the miners in all the 
mines served by such facilities.



Sec. 75.1712-3  Minimum requirements of surface bathing facilities, 
change rooms, and sanitary toilet facilities.

    (a) All bathing facilities, change rooms, and sanitary toilet 
facilities shall be provided with adequate light, heat, and ventilation 
so as to maintain a comfortable air temperature and to

[[Page 582]]

minimize the accumulation of moisture and odors, and such facilities 
shall be maintained in a clean and sanitary condition.
    (b) Bathing facilities, change rooms, and sanitary toilet facilities 
shall be constructed and equipped so as to comply with applicable State 
and local building codes: Provided, however, That where no State or 
local building codes apply to such facilities, or where no State or 
local building codes exist, such facilities shall be constructed and 
equipped so as to meet the minimum construction requirements of the 
National Building Code; and the minimum plumbing requirements of the 
U.S.A. Standard Plumbing Code, ASA A40.8-1955.
    (c) In addition to the minimum requirements specified in paragraphs 
(a) and (b) of this Sec. 75.1712-3, facilities maintained in accordance 
with Sec. 75.1712-1 shall include the following:
    (1) Bathing facilities. (i) Showers shall be provided with both hot 
and cold water.
    (ii) At least one shower head shall be provided where five or less 
miners use such showers.
    (iii) Where five or more miners use such showers, sufficient showers 
shall be furnished to provide approximately one shower head for each 
five miners.
    (iv) A suitable cleansing agent shall be provided for use at each 
shower.
    (2) Sanitary toilet facilities. (i) At least one sanitary flush 
toilet shall be provided where 10 or less miners use such facilities.
    (ii) Where 10 or more miners use such sanitary toilet facilities, 
sufficient toilets shall be furnished to provide approximately one 
sanitary flush toilet for each 10 miners.
    (iii) Where 30 or more miners use sanitary toilet facilities, one 
urinal may be substituted for one sanitary flush toilet, however, where 
such substitutions are made they shall not reduce the number of toilets 
below a ratio of two toilets to one urinal.
    (iv) An adequate supply of toilet paper shall be provided with each 
toilet.
    (v) Adequate handwashing facilities or hand lavatories shall be 
provided in or adjacent to each toilet facility.
    (3) Change rooms. (i) Individual clothes storage containers or 
lockers shall be provided for storage of miners clothing and other 
incidental personal belongings during and between shifts.
    (ii) Change rooms shall be provided with ample space to permit the 
use of such facilities by all miners changing clothes prior to and after 
each shift.



Sec. 75.1712-4  Waiver of surface facilities requirements.

    The Coal Mine Safety District Manager for the district in which the 
mine is located may, upon written application by the operator, waive any 
or all of the requirements of Sec. Sec. 75.1712-1 through 75.1712-3 if 
he determines that the operator of the mine cannot or need not meet any 
part or all of such requirements, and, upon issuance of such waiver, he 
shall set forth the facilities which will not be required and the 
specific reason or reasons for such waiver.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]



Sec. 75.1712-5  Application for waiver of surface facilities.

    Applications for waivers of the requirements of Sec. Sec. 75.1712-1 
through 75.1712-3 shall be filed with the Coal Mine Safety District 
Manager and shall contain the following information:
    (a) The name and address of the mine operator;
    (b) The name and location of the mine;
    (c) A statement explaining why, in the opinion of the operator, the 
installation or maintenance of the facilities is impractical or 
unnecessary.



Sec. 75.1712-6  Underground sanitary facilities; installation and 
maintenance.

    (a) Except as provided in Sec. 75.1712-7, each operator of an 
underground coal mine shall provide and maintain one sanitary toilet in 
a dry location under protected roof, within 500 feet of each working 
place in the mine where miners are regularly employed during the mining 
cycle. A single sanitary toilet may serve two or more working places in 
the same mine, if it is located within 500 feet of each such working 
place.

[[Page 583]]

    (b) Sanitary toilets shall have an attached toilet seat with a 
hinged lid and a toilet paper holder together with an adequate supply of 
toilet tissue, except that a toilet paper holder is not required for an 
unenclosed toilet facility.
    (c) Only flush or nonflush chemical or biological toilets, sealed 
bag toilets, and vault toilets meet the requirements of this section. 
Privies and combustion or incinerating toilets are prohibited 
underground.

[68 FR 37087, June 23, 2003]



Sec. 75.1712-7  Underground sanitary facilities; waiver of requirements.

    If it has been determined by the Coal Mine Safety District Manager 
for the district in which the mine is located that sanitary toilets 
cannot be provided and maintained within 500 feet of a working place 
because of the thickness of the coal seam or because of any other 
physical restriction in the underground workings, he may, upon written 
application by the operator, waive the location requirements for 
underground sanitary facilities with respect to such working place.



Sec. 75.1712-8  Application for waiver of location requirements for 
underground sanitary facilities.

    Applications for waivers of the location requirements of Sec. 
75.1712-6 shall be filed with the Coal Mine Safety District Manager and 
shall contain the following information:
    (a) The name and address of the mine operator;
    (b) The name and location of the mine;
    (c) The thickness of the coal seam in each working place in the mine 
for which a waiver is requested; and
    (d) Other physical restrictions in the mine (for example, poor roof 
conditions, excessive water, timbering, etc.).

If a sanitary toilet cannot be installed within 500 feet of a working 
place because of physical conditions other than the thickness of the 
coal seam, the operator shall also include a short statement specifying 
areas in the mine which could be considered possible alternative sites 
for installation of such facilities.



Sec. 75.1712-9  Issuance of waivers.

    Following the receipt of an application submitted in accordance with 
the provisions of Sec. 75.1712-8, the Coal Mine Safety District Manager 
shall, if he determines that the operator cannot meet the location 
requirements of Sec. 75.1712-6 with respect to any or all of the 
working places in the mine because of the coal seam thickness or because 
of other physical restriction, issue a waiver of the requirements of 
this section and designate an alternative site for installation of such 
facilities. The waiver issued shall specify each working place to which 
it shall apply, set forth the reasons for such waiver, and the reasons 
for designation of the alternative site.



Sec. 75.1712-10  Underground sanitary facilities; maintenance.

    Sanitary toilets shall be regularly maintained in a clean and 
sanitary condition. Holding tanks shall be serviced and cleaned when 
full and in no case less than once each week by draining or pumping or 
by removing them to the surface for cleaning or recharging. Transfer 
tanks and transfer equipment used underground shall be equipped with 
suitable fittings to permit complete drainage of holding tanks without 
spillage and allow for the sanitary transportation of wastes to the 
surface. Waste shall be disposed of on the surface in accordance with 
State and local laws and regulations.



Sec. 75.1713  Emergency medical assistance; first-aid.

                         [Statutory Provisions]

    Each operator shall make arrangements in advance for obtaining 
emergency medical assistance and transportation for injured persons. 
Emergency communications shall be provided to the nearest point of 
assistance. Selected agents of the operator shall be trained in first-
aid and first-aid training shall be made available to all miners. Each 
coal mine shall have an adequate supply of first-aid equipment located 
on the surface, at the bottom of shafts and slopes, and at other 
strategic locations near the working faces. In fulfilling each of the 
requirements of this section, the operator shall meet

[[Page 584]]

at least minimum requirements prescribed by the Secretary of Health and 
Human Services.

[35 FR 17890, Nov. 20, 1970, as amended at 47 FR 14696, Apr. 6, 1982; 60 
FR 33723, June 29, 1995]



Sec. 75.1713-1  Arrangements for emergency medical assistance and 

transportation for injured persons; agreements; reporting requirements; 
posting requirements.

    (a) Each operator of an underground coal mine shall make 
arrangements with a licensed physician, medical service, medical clinic, 
or hospital to provide 24-hour emergency medical assistance for any 
person injured at the mine.
    (b) Each operator of an underground coal mine shall make 
arrangements with an ambulance service, or otherwise provide, for 24-
hour emergency transportation for any person injured at the mine.
    (c) Each operator shall, on or before December 30, 1970, report to 
the District Manager for the district in which the mine is located the 
name, title and address of the physician, medical service, medical 
clinic, hospital or ambulance service with whom arrangements have been 
made, or otherwise provided, in accordance with the provisions of 
paragraphs (a) and (b) of this Sec. 75.1713-1.
    (d) Each operator shall, within 10 days after any change of the 
arrangements required to be reported under the provisions of this Sec. 
75.1713-1, report such changes to the District Manager. If such changes 
involve a substitution of persons, the operator shall provide the name, 
title, and address of the person substituted together with the name and 
address of the medical service, medical clinic, hospital, or ambulance 
service with which such person or persons are associated.
    (e) Each operator shall, immediately after making an arrangement 
required under the provisions of paragraphs (a) and (b) of this Sec. 
75.1713-1, or immediately after any change of such arrangement, post at 
appropriate places at the mine the names, titles, addresses, and 
telephone numbers of all persons or services currently available under 
such arrangements to provide medical assistance and transportation at 
the mine.



Sec. 75.1713-2  Emergency communications; requirements.

    (a) Each operator of an underground coal mine shall establish and 
maintain a communication system from the mine to the nearest point of 
medical assistance for use in an emergency.
    (b) The emergency communication system required to be maintained 
under paragraph (a) of this Sec. 75.1713-2 may be established by 
telephone or radio transmission or by any other means of prompt 
communication to any facility (for example, the local sheriff, the State 
highway patrol, or local hospital) which has available the means of 
communication with the person or persons providing emergency medical 
assistance or transportation in accordance with the provisions of Sec. 
75.1713-1.



Sec. 75.1713-3  First-Aid training; supervisory employees.

    The mine operator shall conduct first-aid training courses for 
selected supervisory employees at the mine. Within 60 days after the 
selection of a new supervisory employee to be so trained, the mine 
operator shall certify by signature and date the name of the employee 
and date on which the employee satisfactorily completed the first-aid 
training course. The certification shall be kept at the mine and made 
available on request to an authorized representative of the Secretary.

[56 FR 1478, Jan. 14, 1991]



Sec. 75.1713-4  First-aid training program; availability of instruction 
to all miners.

    On or before June 30, 1971, each operator of an underground coal 
mine shall make available to all miners employed in the mine a course of 
instruction in first-aid conducted by the operator or under the auspices 
of the operator, and such a course of instruction shall be made 
available to newly employed miners within 6 months after the date of 
employment.

[[Page 585]]



Sec. 75.1713-5  First-aid training program; retraining of supervisory 
employees; availability to all miners.

    Beginning January 1, 1971, each operator of an underground coal mine 
shall conduct refresher first-aid training courses each calendar year 
for all selected supervisory employees, and make available refresher 
first-aid training courses to all miners employed in the mine.



Sec. 75.1713-6  First-aid training program; minimum requirements.

    (a) All first-aid training programs required under the provisions of 
Sec. Sec. 75.1713-3 and 75.1713-4 shall include 10 class hours of 
training in a course of instruction similar to that outlined in ``First 
Aid, A Bureau of Mines Instruction Manual.''
    (b) Refresher first-aid training programs required under the 
provisions of Sec. 75.1713-5 shall include five class hours of 
refresher training in a course of instruction similar to that outlined 
in ``First Aid, A Bureau of Mines Instruction Manual.''



Sec. 75.1713-7  First-aid equipment; location; minimum requirements.

    (a) Each operator of an underground coal mine shall maintain a 
supply of the first-aid equipment set forth in paragraph (b) of this 
Sec. 75.1713-7 at each of the following locations:
    (1) At the mine dispatcher's office or other appropriate work area 
on the surface in close proximity to the mine entry;
    (2) At the bottom of each regularly traveled slope or shaft; 
however, where the bottom of such slope or shaft is not more than 1,000 
feet from the surface, such first-aid supplies may be maintained on the 
surface at the entrance to the mine; and
    (3) At a point in each working section not more than 500 feet outby 
the active working face or faces.
    (b) The first-aid equipment required to be maintained under the 
provisions of paragraph (a) of this Sec. 75.1713-7 shall include at 
least the following:
    (1) One stretcher;
    (2) One broken-back board. (If a splint stretcher combination is 
used it will satisfy the requirements of both (1) and (2)).
    (3) 24 triangular bandages (15 if a splint-stretcher combination is 
used).
    (4) Eight 4-inch bandage compresses;
    (5) Eight 2-inch bandage compresses.
    (6) Twelve 1-inch adhesive compresses;
    (7) One foille;
    (8) Two cloth blankets:
    (9) One rubber blanket or equivalent substitute.
    (10) Two tourniquets;
    (11) One 1-ounce bottle of aromatic spirits of ammonia or 1 dozen 
ammonia ampules.
    (12) The necessary complements of arm and leg splints or two each 
inflatable plastic arm and leg splints.
    (c) All first-aid supplies required to be maintained under the 
provisions of paragraphs (a) and (b) of this Sec. 75.1713-7 shall be 
stored in suitable, sanitary, dust tight, moisture proof containers and 
such supplies shall be accessible to the miners.



Sec. 75.1714  Availability of approved self-rescue devices; instruction 
in use and location.

    (a) Each operator shall make available to each miner who goes 
underground, and to visitors authorized to enter the mine by the 
operator, an approved self-rescue device or devices which is adequate to 
protect such person for 1 hour or longer.
    (b) Before any miner employed by the operator or visitor authorized 
by the operator goes underground the operator shall instruct and train 
such person in the use and location of the self-rescue device or devices 
made available at the mine. Instruction and training of miners and 
visitors shall be in accordance with provisions set forth in 30 CFR Part 
48.

[43 FR 54246, Nov. 21, 1978, as amended at 53 FR 10336, Mar. 30, 1988; 
60 FR 30401, June 8, 1995]



Sec. 75.1714-1  Approved self-rescue devices.

    The requirements of Sec. 75.1714 shall be met by making available 
to each person referred to in that section a self-rescue device or 
devices, which have been approved by MSHA and NIOSH under 42 CFR part 
84, as follows:
    (a) A 1-hour SCSR;

[[Page 586]]

    (b) A SCSR of not less than 10 minutes and a 1-hour canister; or
    (c) Any other self-contained breathing apparatus which provides 
protection for a period of 1 hour or longer and which is approved for 
use by MSHA as a self-rescue device when used and maintained as 
prescribed by MSHA.

[60 FR 30401, June 8, 1995]



Sec. 75.1714-2  Self-rescue devices; use and location requirements.

    (a) Self-rescue devices shall be used and located as prescribed in 
paragraphs (b) through (f) of this section.
    (b) Except as provided in paragraph (c), (d), (e), or (f) of this 
section, self-rescue devices shall be worn or carried at all times by 
each person when underground.
    (c) Where the wearing or carrying of the self-rescue device is 
hazardous to the person, it shall be placed in a readily accessible 
location no greater than 25 feet from such person.
    (d) Where a person works on or around equipment, the self-rescue 
device may be placed in a readily accessible location on such equipment.
    (e) A mine operator may apply to the District Manager under Sec. 
75.1502 for permission to place the SCSR more than 25 feet away.
    (1) The District Manager shall consider the following factors in 
deciding whether to permit an operator to place a SCSR more than 25 feet 
from a miner:
    (i) Distance from affected sections to surface,
    (ii) Pitch of seam in affected sections,
    (iii) Height of coal seam in affected sections,
    (iv) Location of escapeways,
    (v) Proposed location of SCSRs,
    (vi) Type of work performed by affected miners,
    (vii) Degree of risk to which affected miners are exposed,
    (viii) Potential for breaking into oxygen deficient atmospheres,
    (ix) Type of risk to which affected miners are exposed,
    (x) Accident history of mine, and
    (xi) Other matters bearing upon the safety of miners.
    (2) Such application shall not be approved by the District Manager 
unless it provides that, while underground, all miners whose SCSR is 
more than 25 feet away shall have a FSR approved by MSHA and NIOSH under 
42 CFR part 84 sufficient to enable each miner to get to a SCSR.
    (3) An operator may not obtain permission under paragraph (e) of 
this section to place SCSRs more than 25 feet away from miners on trips 
into and out of the mine.
    (f) If a SCSR is not carried out of the mine at the end of a miner's 
shift, the place of storage must be approved by the District Manager, a 
sign with the word ``SELF-RESCUER'' or ``SELF-RESCUERS'' shall be 
conspicuously posted at each storage place, and direction signs shall be 
posted leading to each storage place.
    (g) Where devices of not less than 10 minutes and 1 hour are made 
available in accordance with Sec. 75.1714-1(b), such devices shall be 
used and located as follows:
    (1) Except as provided in paragraphs (c) and (d) of this section, 
the device of not less than 10 minutes shall be worn or carried at all 
times by each person when underground, and
    (2) The 1-hour canister shall be available at all times to all 
persons when underground in accordance with a plan submitted by the 
operator of the mine and approved by the District Manager. When the 1-
hour canister is placed in a cache or caches, a sign with the word 
``SELF-RESCUERS'' shall be conspicuously posted at each cache, and 
direction signs shall be posted leading to each cache.

[43 FR 54246, Nov. 21, 1978, as amended at 60 FR 30401, June 8, 1995; 69 
FR 8108, Feb. 23, 2004]



Sec. 75.1714-3  Self-rescue devices; inspection, testing, maintenance, 
repair, and recordkeeping.

    (a) Each operator shall provide for proper inspection, testing, 
maintenance, and repair of self-rescue devices by a person trained to 
perform such functions.
    (b) After each time a self-rescue device is worn or carried by a 
person, the device shall be inspected for damage and for the integrity 
of its seal by a person trained to perform this function. Self-rescue 
devices with broken

[[Page 587]]

seals or which are damaged so that the device will not function properly 
shall be removed from service.
    (c) All FSRs approved by MSHA and NIOSH under 42 CFR part 84, except 
devices using vacuum containers as the only method of sealing, shall be 
tested at intervals not exceeding 90 days by weighing each device on a 
scale or balance accurate to within +1 gram. A device that weighs more 
than 10 grams over its original weight shall be removed from service.
    (d) All SCSRs approved by MSHA and NIOSH under 42 CFR part 84 shall 
be tested in accordance with instructions approved by MSHA and NIOSH. 
Any device which does not meet the specified test requirements shall be 
removed from service.
    (e) At the completion of each test required by paragraphs (c) and 
(d) of this section the person making the tests shall certify by 
signature and date that the tests were done. This person shall make a 
record of all corrective action taken. Certifications and records shall 
be kept at the mine and made available on request to an authorized 
representative of the Secretary.
    (f) Self-rescue devices removed from service shall be repaired for 
return to service only by a person trained to perform such work and only 
in accordance with the manufacturer's instructions.

[43 FR 54246, Nov. 21, 1978, as amended at 47 FR 14706, Apr. 6, 1982; 56 
FR 1478, Jan. 14, 1991; 60 FR 30402, June 8, 1995; 60 FR 33723, June 29, 
1995]



Sec. 75.1715  Identification check system.

                         [Statutory Provisions]

    Each operator of a coal mine shall establish a check-in and check-
out system which will provide positive identification of every person 
underground, and will provide an accurate record of the persons in the 
mine kept on the surface in a place chosen to minimize the danger of 
destruction by fire or other hazard. Such record shall bear a number 
identical to an identification check that is securely fastened to the 
lamp belt worn by the person underground. The identification check shall 
be made of a rust resistant metal of not less than 16 gauge.



Sec. 75.1716  Operations under water.

                         [Statutory Provisions]

    Whenever an operator mines coal from a coal mine opened after March 
30, 1970, or from any new working section of a mine opened prior to such 
date, in a manner that requires the construction, operation, and 
maintenance of tunnels under any river, stream, lake, or other body of 
water, that is, in the judgment of the Secretary, sufficiently large to 
constitute a hazard to miners, such operator shall obtain a permit from 
the Secretary which shall include such terms and conditions as he deems 
appropriate to protect the safety of miners working or passing through 
such tunnels from caveins and other hazards. Such permits shall require, 
in accordance with a plan to be approved by the Secretary, that a safety 
zone be established beneath and adjacent to such body of water. No plan 
shall be approved unless there is a minimum of cover to be determined by 
the Secretary, based on test holes drilled by the operator in a manner 
to be prescribed by the Secretary. No such permit shall be required in 
the case of any new working section of a mine which is located under any 
water resource reservoir being constructed by a Federal agency on 
December 30, 1969, the operator of which is required by such agency to 
operate in a manner that protects the safety of miners working in such 
section from cave-ins and other hazards.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]



Sec. 75.1716-1  Operations under water; notification by operator.

    An operator planning to mine coal from coal mines opened after March 
30, 1970, or from working sections in mines opened prior to such date, 
and in such manner that mining operations will be conducted, or tunnels 
constructed, under any river, stream, lake, or other body of water, 
shall give notice to the Coal Mine Safety District Manager in the 
district in which the mine is located prior to the commencement of such 
mining operations.

[[Page 588]]



Sec. 75.1716-2  Permit required.

    If in the judgment of the Coal Mine Safety District Manager the 
proposed mining operations referred to in Sec. 75.1716-1 constitute a 
hazard to miners, he shall promptly so notify the operator that a permit 
is required.



Sec. 75.1716-3  Applications for permits.

    An application for a permit required under this section shall be 
filed with the Coal Mine Safety District Manager and shall contain the 
following general information:
    (a) Name and address of the company.
    (b) Name and address of the mine.
    (c) Projected mining and ground support plans.
    (d) A mine map showing the locations of the river, stream, lake, or 
other body of water and its relation to the location of all working 
places.
    (e) A profile map showing the type of strata and the distance in 
elevation between the coal bed and the river, stream, lake or other body 
of water involved. The type of strata shall be determined by core test 
drill holes as prescribed by the Coal Mine Safety District Manager.



Sec. 75.1716-4  Issuance of permits.

    If the Coal Mine Safety District Manager determines that the 
proposed mining operations under water can be safely conducted, he shall 
issue a permit for the conduct of such operations under such conditions 
as he deems necessary to protect the safety of miners engaged in those 
operations.



Sec. 75.1717  Exemptions.

                         [Statutory Provisions]

    No notice under Sec. 75.1716-1 and no permit under Sec. 75.1716-2 
shall be required in the case of any new working section of a mine which 
is located under any water resource reservoir being constructed by a 
Federal agency as of December 30, 1969, and where the operator is 
required by such agency to operate in a manner that adequately protects 
the safety of miners.



Sec. 75.1718  Drinking water.

                         [Statutory Provisions]

    An adequate supply of potable water shall be provided for drinking 
purposes in the active workings of the mine, and such water shall be 
carried, stored, and otherwise protected in sanitary containers.



Sec. 75.1718-1  Drinking water; quality.

    (a) Potable water provided in accordance with the provisions of 
Sec. 75.1718 shall meet the applicable minimum health requirements for 
drinking water established by the State or community in which the mine 
is located.
    (b) Where no state or local health requirements apply to drinking 
water or where no state or local minimum health requirements exist, 
drinking water provided in accordance with the provisions of Sec. 
75.1718 shall contain a minimum of 0.2 milligrams of free chlorine per 
liter of water.



Sec. 75.1719  Illumination; purpose and scope of Sec. Sec. 75.1719 
through 75.1719-4; time for compliance.

    (a) Section 317(e) of the Act (30 U.S.C. 877(e)) directs and 
authorizes the Secretary to propose and promulgate standards under which 
all working places in a mine shall be illuminated by permissible 
lighting while persons are working in such places Sec. Sec. 75.1719 
through 75.1719-4 prescribe the requirements for illumination of working 
places in underground coal mines while persons are working in such 
places and and while self-propelled mining equipment is operated in the 
working place.
    (b) Mine operators shall comply with Sec. Sec. 75.1719 through 
75.1719-4 not later than July 1, 1978.

[41 FR 43534, Oct. 1, 1976, as amended at 43 FR 13564, Mar. 31, 1978]



Sec. 75.1719-1  Illumination in working places.

    (a) Each operator of an underground coal mine shall provide each 
working place in the mine with lighting as prescribed in Sec. Sec. 
75.1719-1 and 75.1719-2 while self-propelled mining equipment is 
operated in the working place.
    (b) Self-propelled mining equipment; definition. For the purposes of 
Sec. Sec. 75.1719

[[Page 589]]

through 75.1719-4, ``self-propelled mining equipment'' means equipment 
which possesses the capability of moving itself or its associated 
components from one location to another by electric, hydraulic, 
pneumatic, or mechanical power supplied by a source located on the 
machine or transmitted to the machine by cables, ropes, or chains.
    (c) The lighting prescribed in this section shall be in addition to 
that provided by personal cap lamps.
    (d) The luminous intensity (surface brightness) of surfaces that are 
in a miner's normal field of vision of areas in working places that are 
required to be lighted shall be not less than 0.06 footlamberts when 
measured in accordance with Sec. 75.1719-3.
    (e) When self-propelled mining equipment specified in paragraphs 
(e)(1) through (e)(6) of this section is operated in a working place, 
the areas within a miner's normal field of vision which shall be 
illuminated in the working place shall be as prescribed in paragraphs 
(e)(1) through (e)(6) of this section.
    (1) Continuous miners and coal-loading equipment. In working places 
in which continuous miners and coal-loading equipment are operated, the 
areas which shall be illuminated shall be as follows:
    (i) The face, and
    (ii) The ribs, roof, floor, and exposed surface of mining equipment, 
which are between the face and the inby end of the shuttle car or other 
conveying equipment while in position to receive material.
    (2) Self-loading haulage equipment used as a loading machine. In 
working places in which self-loading haulage equipment is operated to 
load material, the areas which shall be illuminated shall be as follows:
    (i) The face, and
    (ii) The ribs, roof, floor, and exposed surfaces of mining 
equipment, which are between the face and a point 5 feet outby the 
machine.
    (3) Cutting and drilling equipment. In working places in which 
cutting or drilling equipment is operated, the areas which shall be 
illuminated shall be as follows:
    (i) The ribs, roof, floor, and exposed surfaces of mining equipment, 
which are between the face and a point 5 feet outby the machine.
    (4) Shortwall and longwall mining equipment. In working places in 
which shortwall or longwall mining equipment is operated, the areas 
which shall be illuminated shall be as follows:
    (i) The area for the length of the self-advancing roof suport system 
and which is between the gob-side of the travelway and the side of the 
block of coal from which coal is being extracted, and
    (ii) The control station, and the head piece and tail piece of the 
face conveyor, and
    (iii) The roof and floor for a distance of 5 feet horizontally from 
the control station, head piece and tail piece.
    (5) Roof bolting equipment. In working places in which roof bolting 
equipment is operated, the areas which shall be illuminated shall be as 
follows:
    (i) Where the distance from the floor, to the roof is 5 feet, or 
less: the face, ribs, roof, floor, and exposed surfaces of mining 
equipment, which are within an area the perimeter of which is a distance 
of 5 feet from the machine, when measured parallel to the floor.
    (ii) Where the distance from the floor to the roof is more than 5 
feet: the face, ribs, roof, floor, and exposed surfaces of mining 
equipment, which are within an area the perimeter of which from the 
front and sides of the machine is a distance equal to the distance from 
the floor to the roof and from the rear of the machine a distance of 5 
feet, when measured parallel to the floor.
    (6) Other self-propelled equipment. Unless the entire working place 
is illuminated by stationary lighting equipment, in working places in 
which self-propelled equipment is operated, other than equipment 
specified in paragraphs (e)(1) through (e)(5) of this section, 
illumination shall be provided as follows:
    (i) Luminaires shall be installed on each machine operated in the 
working place which shall illuminate a face or rib coal surface which is 
within 10 feet of the front and the rear of the machine to a luminous 
intensity of not less than 0.06 footlamberts, and
    (ii) The height and width of the area of the coal surface which 
shall be illuminated shall equal the height and

[[Page 590]]

width, respectively, of the machine on which the luminaires are 
installed, and
    (iii) The luminaires in the direction of travel shall be operated at 
all times the equipment is being trammed in the working place.
    (f) The Administrator, Coal Mine Health and Safety, MSHA, may 
specify other areas in a working place to be illuminated for the 
protection of miners while self-propelled mining equipment is being 
operated in the working place.
    (g) Surface brightness of floor, roof, coal and machine surfaces in 
the normal visual field of a miner shall not vary more than 50 percent 
between adjacent fields of similar surface reflectance, and the maximum 
surface brightness of such surface shall not exceed 120 footlamberts 
when measured in accordance with Sec. 75.1719-3.

[41 FR 43534, Oct. 1, 1976, as amended at 42 FR 18859, Apr. 11, 1977; 43 
FR 43458, Sept. 26, 1978; 47 FR 28096, June 29, 1982]



Sec. 75.1719-2  Lighting fixtures; requirements.

    (a) Lighting fixtures shall be permissible.
    (b) Lighting fixtures may be installed on self-propelled machines or 
may be stationary lighting fixtures.
    (c)(1) Electrically operated lighting fixtures shall be energized by 
direct current, or by sinusoidal full wave alternating current not less 
than 50 cycles per second (100 pulses per second), or by an equivalent 
power source that causes no greater flicker.
    (2) Alternating current circuits supplying power to stationary 
lighting fixtures shall contain conductors energized at voltages not 
greater than 70 volts to ground. Alternating current circuits, energized 
at 100 volts or more and used to supply power to staionary lighting 
fixtures, shall originate at a transformer having a center or neutral 
tap grounded to earth through a proper resistor, which shall be designed 
to limit fault current to not more than 5 amperes. A grounding circuit 
in accordance with Sec. 75.701-4 shall orignate at the grounded 
terminal of the grounding resistor and extend along with the power 
conductors and serve as a grounding conductor for the frames of all 
equipment receiving power from the circuit. The ground fault current 
rating of grounding resistors shall meet the ``extended time rating'' 
set forth in the Institute of Electrical and Electronics Engineers, Inc. 
Standard No. 32 (IEEE Std. 32-1972) which is hereby incorporated by 
reference and made a part hereof. The incorporated publication is 
available for examination at each Coal Mine Health and Safety District 
and Subdistrict Office of MSHA, and may be obtained from the Institute 
of Electrical and Electronics Engineers, Inc., 345 East 47th Street, New 
York, N.Y. 10017.
    (3) Machine-mounted lighting fixtures shall be electrically grounded 
to the machine by a separate grounding conductor in compliance with 
Sec. 75.701-4.
    (d) Direct current circuits in excess of a nominal voltage of 300 
volts shall not be used to supply power to stationary light fixtures.
    (e) Cables conducting power to stationary lighting fixtures from 
both alternating and direct current power sources, other than 
intrinsically safe devices, shall be considered trailing cables, and 
shall meet rhe requirements of Subpart G of this part. In addition, such 
cables shall be protected against overloads and short circuits by a 
suitable circuit breaker or other device approved by the Secretary. 
Circuit breakers or other device approved by the Secretary protecting 
trailing cables receiving power from resistance grounded circuits shall 
be equipped with a ground trip arrangement which shall be designed to 
deenergize the circuit at not more than 50% of the available fault 
current.
    (f) Before shunts are removed from blasting caps, lighting fixtures 
and associated cables located in the same working place shall be 
deenergized. Furthermore, lighting fixtures shall be removed out of the 
line of blast and not less than 50 feet from the blasting operation 
unless otherwise protected against flying debris.
    (g) Lighting fixtures shall be designed and installed to minimize 
discomfort glare.

[41 FR 43534, Oct. 1, 1976]

[[Page 591]]



Sec. 75.1719-3  Methods of measurement; light measuring instruments.

    (a) Compliance with Sec. 75.1719-1(d) shall be determined by MSHA 
by measuring luminous intensity (surface brightness).
    (b) In measuring luminous intensity the following procedures shall 
be used:
    (1) In areas of working places specified in Sec. Sec. 
75.1719.1(e)(1) through 75.1719-1(e)(3) luminous intensity measurements 
of the face, ribs, roof, floor, and exposed surfaces of mining 
equipment, shall be made with the machine idle and located in the 
approximate center of the working place with the cutting, loading, or 
drilling head toward the face and not more than 3 feet from the face.
    (2) In areas of working places specified in Sec. 75.1719-1(e)(4) 
luminous intensity measurements may be made at any time longwall or 
shortwall mining equipment is operated except that when measurements are 
made in the vicinity of shearers, plows, or continuous miners, the 
equipment shall be idle while measurements are being made.
    (3) In areas of working places specified in Sec. 75.1719-1(e)(5) 
luminous intensity measurements of the face, ribs, roof, floor, and 
exposed surfaces of mining equipment, shall be made with the machine 
idle and located in the approximate center of the working place with the 
drilling head toward the face and a distance from the face of 5 feet, or 
the distance from the floor to the roof, whichever is applicable. When 
the machine is located in the center of the working place and the 
surfaces of the ribs to be illuminated are not within the perimeter of 
the area determined in accordance with Sec. 75.1719-1(e)(5), the 
machine shall be positioned the applicable distance from the face and 
each rib and luminous intensity measurements made for each rib, 
provided, however, that luminous intensity measurements may be made of 
the face, roof, floor, and exposed surfaces of mining equipment with the 
machine so located without locating the machine in the center of the 
working place.
    (4) In areas of working places specified in Sec. 75.1719-1(e)(6), 
luminous intensity measurements of a coal surface shall be made with the 
machine idle and located in the approximate center of the working place 
with the appropriate end toward the face and not less than 9 feet nor 
more than 10 feet from the face.
    (5) The area of surfaces to be measured shall be divided into round 
or square fields having an area of not less than 3 nor more than 5 
square feet as illustrated by the following figure:
[GRAPHIC] [TIFF OMITTED] TC22OC91.021

    (6) Measurements shall be taken with the photometer held 
approximately perpendicular to the surface being measured and a 
sufficient distance from the surface to allow the light sensing element 
in the instrument to receive reflected light from a field of not less 
than 3 nor more than 5 square feet. The luminous intensity of each such 
field shall be not less than 0.06 footlambert.
    (7) In areas of working places where clearances are restricted to 
the extent that the photometer cannot be held a sufficient distance from 
the surface to allow the light sensing element in the instrument to 
receive reflected light from a field having an area of at least 3 square 
feet, luminous intensity shall be considered as the average of four 
uniformly spaced readings taken at the corners and within a square field 
having an area of approximately 4 square feet. In such instances, the 
area of each of the individual readings shall not exceed 100 square 
inches. The average of the four readings shall be not less than

[[Page 592]]

0.06 footlambert. The method of measurement is illustrated by the 
following figure:
[GRAPHIC] [TIFF OMITTED] TC22OC91.022

    (8) Measurements shall not be made where shadows are cast by roof 
control posts, ventilation equipment, or other obstructions necessary to 
insure safe mining conditions.
    (9) Where machine-mounted light fixtures are used on equipment, 
except self advancing roof support systems, measurements shall not be 
made of surfaces on or within 1 foot of a self-propelled machine.
    (c) For the purpose of making illumination measurements, an 
authorized representative of the Secretary may require the installation 
of temporary roof supports or the removal of the equipment to a similar 
working place in which permanent roof supports have been installed.
    (d) Light measuring instruments shall be properly calibrated and 
maintained. Instruments shall be calibrated against standards traceable 
to the National Bureau of Standards and color corrected to the 
Commission Internationale de l'Eclairage (CIE) Spectral Luminous Curve. 
The CIE Spectral Luminous Curve is as follows:
[GRAPHIC] [TIFF OMITTED] TC22OC91.023


[41 FR 43534, Oct. 1, 1976]



Sec. 75.1719-4  Mining machines, cap lamps; requirements.

    (a) Paint used on exterior surfaces of mining machines shall have a 
minimum reflectance of 30 percent, except cab interiors and other 
surfaces which might adversely affect visibility.
    (b) When stationary light fixtures are used, red reflectors mounted 
in protective frames or reflecting tape shall be installed on each end 
of mining machines, except that continuous mining machines, loaders, and 
cutters need only have such reflectors or tape on the outby end. 
Reflectors or reflecting tape shall have an area of not less than 10 
square inches.
    (c) Each person who goes underground shall be required to wear an 
approved personal cap lamp or an equivalent portable light.
    (d) Each person who goes underground shall be required to wear a 
hard hat or hard cap which shall have a minimum of 6 square inches of 
reflecting tape or equivalent paint or material on each side and back.

[41 FR 43534, Oct. 1, 1976]



Sec. 75.1720  Protective clothing; requirements.

    On and after the effective date of this Sec. 75.1720 each miner 
regularly employed in the active workings of an underground coal mine 
shall be required to

[[Page 593]]

wear the following protective clothing and devices:
    (a) Protective clothing or equipment and face-shields or goggles 
when welding, cutting, or working with molten metal or when other 
hazards to the eyes exist from flying particles.
    (b) Suitable protective clothing to cover those parts of the body 
exposed to injury when handling corrosive or toxic substances or other 
materials which might cause injury to the skin.
    (c) Protective gloves when handling materials or performing work 
which might cause injury to the hands; however, gloves shall not be worn 
where they would create a greater hazard by becoming entangled in the 
moving parts of equipment.
    (d) A suitable hard hat or hard cap. If a hard hat or hard cap is 
painted, nonmetallic based paint shall be used.
    (e) Suitable protective footwear.

[36 FR 19497, Oct. 7, 1971, as amended at 39 FR 7175, Feb. 25, 1974]



Sec. 75.1720-1  Distinctively colored hard hats, or hard caps; 
identification for newly employed, inexperienced miners.

    Hard hats or hard caps distinctively different in color from those 
worn by experienced miners shall be worn by each newly employed, 
inexperienced miner for at least one year from the date of his initial 
employment as a miner or until he has been qualified or certified as a 
miner by the State in which he is employed.

[39 FR 7175, Feb. 25, 1974]



Sec. 75.1721  Opening of new underground coal mines, or reopening and 

reactivating of abandoned or deactivated coal mines, notification by 
the operator; requirements.

    (a) Each operator of a new underground coal mine, and a mine which 
has been abandoned or deactivated and is to be reopened or reactivated, 
shall prior to opening, reopening or reactivating the mine notify the 
Coal Mine Health and Safety District Manager for the district in which 
the mine is located of the approximate date of the proposed or actual 
opening of such mine. Thereafter, and as soon as practicable, the 
operator of such mine shall submit all preliminary plans in accordance 
with paragraphs (b) and (c) of this section to the District Manager and 
the operator shall not develop any part of the coalbed in such mine 
unless and until all preliminary plans have been approved.
    (b) The preliminary plans required to be submitted by the operator 
to the District Manager shall be in writing and shall contain the 
following:
    (1) The name and location of the proposed mine and the Mine Safety 
and Health Administration mine identification number, if known;
    (2) The name and address of the mine operator(s);
    (3) The name and address of the principal official designated by the 
operator as the person who is in charge of health and safety at the 
mine;
    (4) The identification and approximate height of the coalbed to be 
developed;
    (5) The system of mining to be employed;
    (6) A proposed roof control plan containing the information 
specified in Sec. 75.220.
    (7) A proposed mine ventilation plan containing the information 
specified in Sec. Sec. 75.371 and 75.372;
    (8) A proposed plan for sealing worked-out areas containing the 
information specified in Sec. Sec. 75.371 and 75.372.
    (9) A proposed program for searching miners for smoking materials in 
accordance with the provisions of Sec. 75.1702; and,
    (10) A proposed plan for emergency medical assistance and emergency 
communication in accordance with the provisions of Sec. Sec. 75.1713-1 
and 75.1713-2.
    (c) The preliminary plans required to be submitted by the operator 
to the District Manager shall be in writing and shall contain the 
following:
    (1) The proposed training plan containing the information specified 
in Sec. Sec. 48.3 and 48.23 of this chapter, and
    (2) A proposed plan for training and retraining certified and 
qualified persons containing the information specified in Sec. 75.160-
1.

[44 FR 9380, Feb. 13, 1979, as amended at 47 FR 23641, May 28, 1982; 57 
FR 20929, May 15, 1992]

[[Page 594]]



Sec. 75.1722  Mechanical equipment guards.

    (a) Gears; sprockets; chains; drive, head, tail, and takeup pulleys; 
flywheels; couplings, shafts; sawblades; fan inlets; and similar exposed 
moving machine parts which may be contacted by persons, and which may 
cause injury to persons shall be guarded.
    (b) Guards at conveyor-drive, conveyor-head, and conveyor-tail 
pulleys shall extend a distance sufficient to prevent a person from 
reaching behind the guard and becoming caught between the belt and the 
pulley.
    (c) Except when testing the machinery, guards shall be securely in 
place while machinery is being operated.

[38 FR 4976, Feb. 23, 1973]



Sec. 75.1723  Stationary grinding machines; protective devices.

    (a) Stationary grinding machines other than special bit grinders 
shall be equipped with:
    (1) Peripheral hoods (less than 90[deg] throat openings) capable of 
withstanding the force of a bursting wheel.
    (2) Adjustable tool rests set as close as practical to the wheel.
    (3) Safety washers.
    (b) Grinding wheels shall be operated within the specifications of 
the manufacturer of the wheel.
    (c) Face shields or goggles, in good condition, shall be worn when 
operating a grinding wheel.

[38 FR 4976, Feb. 23, 1973]



Sec. 75.1724  Hand-held power tools; safety devices.

    Hand-held power tools shall be equipped with controls requiring 
constant hand or finger pressure to operate the tools or shall be 
equipped with friction or other equivalent safety devices.

[38 FR 4976, Feb. 23, 1973]



Sec. 75.1725  Machinery and equipment; operation and maintenance.

    (a) Mobile and stationary machinery and equipment shall be 
maintained in safe operating condition and machinery or equipment in 
unsafe condition shall be removed from service immediately.
    (b) Machinery and equipment shall be operated only by persons 
authorized to operate such machinery or equipment.
    (c) Repairs or maintenance shall not be performed on machinery until 
the power is off and the machinery is blocked against motion, except 
where machinery motion is necessary to make adjustments.
    (d) Machinery shall not be lubricated manually while in motion, 
unless equipped with extended fittings or cups.

[38 FR 4976, Feb. 23, 1973]



Sec. 75.1726  Performing work from a raised position; safeguards.

    (a) Men shall not work on or from a piece of mobile equipment in a 
raised position until it has been blocked in place securely. This does 
not preclude the use of equipment specifically designed as elevated 
mobile work platforms.
    (b) No work shall be performed under machinery or equipment that has 
been raised until such machinery or equipment has been securely blocked 
in position.

[38 FR 4976, Feb. 23, 1973]



Sec. 75.1727  Drive belts.

    (a) Drive belts shall not be shifted while in motion unless the 
machines are provided with mechanical shifters.
    (b) Belt dressing shall not be applied while belts are in motion 
except where it can be applied without endangering a person.

[38 FR 4976, Feb. 23, 1973]



Sec. 75.1728  Power-driven pulleys.

    (a) Belts, chains, and ropes shall not be guided onto power-driven 
moving pulleys, sprockets, or drums with the hands except on slow-moving 
equipment especially designed for hand feeding.
    (b) Pulleys of conveyors shall not be cleaned manually while the 
conveyor is in motion.
    (c) Coal spilled beneath belt conveyor drives or tail pieces shall 
not be removed while the conveyor is in motion, except where such coal 
can be removed without endangering persons.

[38 FR 4976, Feb. 23, 1973]

[[Page 595]]



Sec. 75.1729  Welding operations.

    Welding operations shall be shielded and the area shall be well 
ventilated.

[38 FR 4976, Feb. 23, 1973]



Sec. 75.1730  Compressed air; general; compressed air systems.

    (a) All pressure vessels shall be constructed, installed, and 
maintained in accordance with the standards and specifications of 
Section VIII ``Unfired Pressure Vessels,'' of the American Society of 
Mechanical Engineers Boiler and Pressure Vessel Code (1971), which is 
hereby incorporated by reference and made a part hereof. This document 
may be purchased for $25 from the American Society of Mechanical 
Engineers, 345 East 47th Street, New York, NY 10017; and it is available 
for examination in every Coal Mine Health and Safety District and 
Subdistrict Office.
    (b) Compressors and compressed-air receivers shall be equipped with 
automatic pressure-relief valves, pressure gages, and drain valves.
    (c) Repairs involving the pressure system of compressors, receivers, 
or compressed-air-powered equipment shall not be attempted until the 
pressure has been relieved from that part of the system to be repaired.
    (d) At no time shall compressed air be directed toward a person. 
When compressed air is used, all necessary precautions shall be taken to 
protect persons from injury.
    (e) Safety chains, suitable locking devices, or automatic cut-off 
valves shall be used at connections to machines of high-pressure hose 
lines of three-fourths of an inch inside diameter or larger, and between 
high-pressure hose lines of three-fourths of an inch inside diameter or 
larger, where a connection failure would create a hazard. For purposes 
of this paragraph, high-pressure means pressure of 100 p.s.i. or more.

[38 FR 4976, Feb. 23, 1973]

Subpart S [Reserved]



                   Subpart T_Diesel-Powered Equipment

    Source: 61 FR 55527, Oct. 25, 1996, unless otherwise noted.



Sec. 75.1900  Definitions.

    The following definitions apply in this subpart.
    Diesel fuel tank. A closed metal vessel specifically designed for 
the storage or transport of diesel fuel.
    Diesel fuel transportation unit. A self-propelled or portable 
wheeled vehicle used to transport a diesel fuel tank.
    Noncombustible material. A material that will continue to serve its 
intended function for 1 hour when subjected to a fire test incorporating 
an ASTM E119-88 time/temperature heat input, or equivalent. The 
publication ASTM E119-88 ``Standard Test Methods for Fire Tests of 
Building Construction and Materials'' is incorporated by reference and 
may be inspected at any Coal Mine Health and Safety District and 
Subdistrict Office; at MSHA's Office of Standards, Regulations, and 
Variances, 1100 Wilson Blvd., Room 2352, Arlington, Virginia 22209-3939; 
or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.This incorporation by reference 
was approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. In addition, copies of the document 
may be purchased from the American Society for Testing Materials (ASTM), 
1916 Race Street, Philadelphia, PA 19103.
    Permanent underground diesel fuel storage facility. A facility 
designed and constructed to remain at one location for the storage or 
dispensing of diesel fuel, which does not move as mining progresses.
    Safety can. A metal container intended for storage, transport or 
dispensing of diesel fuel, with a nominal capacity of 5 gallons, listed 
or approved

[[Page 596]]

by a nationally recognized independent testing laboratory.
    Temporary underground diesel fuel storage area. An area of the mine 
provided for the short-term storage of diesel fuel in a fuel 
transportation unit, which moves as mining progresses.

[35 FR 17890, Nov. 20, 1970, as amended at 67 FR 38386, June 4, 2002]



Sec. 75.1901  Diesel fuel requirements.

    (a) Diesel-powered equipment shall be used underground only with a 
diesel fuel having a sulfur content no greater than 0.05 percent and a 
flash point of 100 [deg]F (38 [deg]C) or greater. Upon request, the mine 
operator shall provide to an authorized representative of the Secretary 
evidence that the diesel fuel purchased for use in diesel-powered 
equipment underground meets these requirements.
    (b) Flammable liquids shall not be added to diesel fuel used in 
diesel-powered equipment underground.
    (c) Only diesel fuel additives that have been registered by the 
Environmental Protection Agency may be used in diesel-powered equipment 
underground.



Sec. 75.1902  Underground diesel fuel storage--general requirements.

    (a) All diesel fuel must be stored in:
    (1) Diesel fuel tanks in permanent underground diesel fuel storage 
facilities;
    (2) Diesel fuel tanks on diesel fuel transportation units in 
permanent underground diesel fuel storage facilities or in temporary 
underground fuel storage areas; or
    (3) Safety cans.
    (b) The total capacity of stationary diesel fuel tanks in permanent 
underground diesel fuel storage facilities must not exceed 1000 gallons.
    (c)(1) Only one temporary underground diesel fuel storage area is 
permitted for each working section or in each area of the mine where 
equipment is being installed or removed.
    (2) The temporary underground diesel fuel storage area must be 
located--
    (i) Within 500 feet of the loading point;
    (ii) Within 500 feet of the projected loading point where equipment 
is being installed; or
    (iii) Within 500 feet of the last loading point where equipment is 
being removed.
    (3) No more than one diesel fuel transportation unit at a time shall 
be parked in the temporary underground diesel fuel storage area.
    (d) Permanent underground diesel fuel storage facilities and 
temporary underground diesel fuel storage areas must be--
    (1) At least 100 feet from shafts, slopes, shops, or explosives 
magazines;
    (2) At least 25 feet from trolley wires or power cables, or electric 
equipment not necessary for the operation of the storage facilities or 
areas; and
    (3) In a location that is protected from damage by other mobile 
equipment.
    (e) Permanent underground diesel fuel storage facilities must not be 
located within the primary escapeway.



Sec. 75.1903  Underground diesel fuel storage facilities and areas; 
construction and safety precautions.

    (a) Permanent underground diesel fuel storage facilities must be--
    (1) Constructed of noncombustible materials, including floors, 
roofs, roof supports, doors, and door frames. Exposed coal within fuel 
storage areas must be covered with noncombustible materials. If 
bulkheads are used they must be tightly sealed and must be built of or 
covered with noncombustible materials;
    (2) Provided with either self-closing doors or a means for automatic 
enclosure;
    (3) Provided with a means for personnel to enter and exit the 
facility after closure;
    (4) Ventilated with intake air that is coursed into a return air 
course or to the surface and that is not used to ventilate working 
places, using ventilation controls meeting the requirements of Sec. 
75.333(e);
    (5) Equipped with an automatic fire suppression system that meets 
the requirements of Sec. 75.1912. Actuation of the automatic fire 
suppression system shall initiate the means for automatic enclosure;
    (6) Provided with a means of containment capable of holding 150 
percent of

[[Page 597]]

the maximum capacity of the fuel storage system; and
    (7) Provided with a competent concrete floor or equivalent to 
prevent fuel spills from saturating the mine floor.
    (b) Permanent underground diesel fuel storage facilities and 
temporary underground diesel fuel storage areas must be--
    (1) Equipped with at least 240 pounds of rock dust and provided with 
two portable multipurpose dry chemical type (ABC) fire extinguishers 
that are listed or approved by a nationally recognized independent 
testing laboratory and have a 10A:60B:C or higher rating. Both fire 
extinguishers must be easily accessible to personnel, and at least one 
fire extinguisher must be located outside of the storage facility or 
area upwind of the facility, in intake air; or
    (2) Provided with three portable multipurpose dry chemical type 
(ABC) fire extinguishers that are listed or approved by a nationally 
recognized independent testing laboratory and have a 10A:60B:C or higher 
rating. All fire extinguishers must be easily accessible to personnel, 
and at least one fire extinguisher must be located outside of the 
storage facility or area upwind of the facility, in intake air.
    (3) Identified with conspicuous markings designating diesel fuel 
storage; and
    (4) Maintained to prevent the accumulation of water.
    (c) Welding or cutting other than that performed in accordance with 
paragraph (d) of this section shall not be performed within 50 feet of a 
permanent underground diesel fuel storage facility or a temporary 
underground diesel fuel storage area.
    (d) When it is necessary to weld, cut, or solder pipelines, tanks, 
or other containers that may have contained diesel fuel, these practices 
shall be followed:
    (1) Cutting or welding shall not be performed on or within 
pipelines, tanks, or other containers that have contained diesel fuel 
until they have been thoroughly purged and cleaned or inerted and a vent 
or opening is provided to allow for sufficient release of any buildup 
pressure before heat is applied.
    (2) Diesel fuel shall not be allowed to enter pipelines, tanks, or 
containers that have been welded, soldered, brazed, or cut until the 
metal has cooled to ambient temperature.



Sec. 75.1904  Underground diesel fuel tanks and safety cans.

    (a) Diesel fuel tanks used underground shall--
    (1) Have steel walls of a minimum \3/16\-inch thickness, or walls 
made of other metal of a thickness that provides equivalent strength;
    (2) Be protected from corrosion;
    (3) Be of seamless construction or have liquid tight welded seams;
    (4) Not leak; and
    (5) For stationary tanks in permanent underground diesel fuel 
storage facilities, be placed on supports constructed of noncombustible 
material so that the tanks are at least 12 inches above the floor.
    (b) Underground diesel fuel tanks must be provided with--
    (1) Devices for emergency venting designed to open at a pressure not 
to exceed 2.5 psi according to the following--
    (i) Tanks with a capacity greater than 500 gallons must have an 
emergency venting device whose area is equivalent to a pipe with a 
nominal inside diameter of 5 inches or greater; and
    (ii) Tanks with a capacity of 500 gallons or less must have an 
emergency venting device whose area is equivalent to a pipe with a 
nominal inside diameter of 4 inches or greater.
    (2) Tethered or self-closing caps for stationary tanks in permanent 
underground diesel fuel storage facilities and self-closing caps for 
diesel fuel tanks on diesel fuel transportation units;
    (3) Vents to permit the free discharge of liquid, at least as large 
as the fill or withdrawal connection, whichever is larger, but not less 
than 1\1/4\ inch nominal inside diameter;
    (4) Liquid tight connections for all tank openings that are--
    (i) Identified by conspicuous markings that specify the function; 
and
    (ii) Closed when not in use.
    (5) Vent pipes that drain toward the tank without sagging and are 
higher than the fill pipe opening;

[[Page 598]]

    (6) Shutoff valves located as close as practicable to the tank shell 
on each connection through which liquid can normally flow; and
    (7) An automatic closing, heat-actuated valve on each withdrawal 
connection below the liquid level.
    (c) When tanks are provided with openings for manual gauging, liquid 
tight, tethered or self-closing caps or covers must be provided and must 
be kept closed when not open for gauging.
    (d) Surfaces of the tank and its associated components must be 
protected against damage by collision.
    (e) Before being placed in service, tanks and their associated 
components must be tested for leakage at a pressure equal to the working 
pressure, except tanks and components connected directly to piping 
systems, which must be properly designed for the application.
    (f) Safety cans must be:
    (1) Limited to a nominal capacity of 5 gallons or less;
    (2) Equipped with a flexible or rigid tubular nozzle attached to a 
valved spout;
    (3) Provided with a vent valve designed to open and close 
simultaneously and automatically with the opening and closing of the 
pouring valve; and
    (4) Designed so that they will safely relieve internal pressure when 
exposed to fire.



Sec. 75.1905  Dispensing of diesel fuel.

    (a) Diesel-powered equipment in underground coal mines may be 
refueled only from safety cans, from tanks on diesel fuel transportation 
units, or from stationary tanks.
    (b) Fuel that is dispensed from other than safety cans must be 
dispensed by means of--
    (1) Gravity feed with a hose equipped with a nozzle with a self-
closing valve and no latch-open device;
    (2) A manual pump with a hose equipped with a nozzle containing a 
self-closing valve; or
    (3) A powered pump with:
    (i) An accessible emergency shutoff switch for each nozzle;
    (ii) A hose equipped with a self-closing valve and no latch-open 
device; and
    (iii) An anti-siphoning device.
    (c) Diesel fuel must not be dispensed using compressed gas.
    (d) Diesel fuel must not be dispensed to the fuel tank of diesel-
powered equipment while the equipment engine is running.
    (e) Powered pumps shall be shut off when fuel is not being 
dispensed.



Sec. 75.1905-1  Diesel fuel piping systems.

    (a) Diesel fuel piping systems from the surface must be designed and 
operated as dry systems, unless an automatic shutdown is incorporated 
that prevents accidental loss or spillage of fuel and that activates an 
alarm system.
    (b) All piping, valves and fittings must be--
    (1) Capable of withstanding working pressures and stresses;
    (2) Capable of withstanding four times the static pressures;
    (3) Compatible with diesel fuel; and
    (4) Maintained in a manner that prevents leakage.
    (c) Pipelines must have manual shutoff valves installed at the 
surface filling point, and at the underground discharge point.
    (d) If diesel fuel lines are not buried in the ground sufficiently 
to protect them from damage, shutoff valves must be located every 300 
feet.
    (e) Shutoff valves must be installed at each branch line where the 
branch line joins the main line.
    (f) An automatic means must be provided to prevent unintentional 
transfer of diesel fuel from the surface into the permanent underground 
diesel fuel storage facility.
    (g) Diesel fuel piping systems from the surface shall only be used 
to transport diesel fuel directly to stationary tanks or diesel fuel 
transportation units in a permanent underground diesel fuel storage 
facility.
    (h) The diesel fuel piping system must not be located in a borehole 
with electric power cables.
    (i) Diesel fuel piping systems located in entries must not be 
located on the same side of the entry as electric cables or power lines. 
Where it is necessary for piping systems to cross electric cables or 
power lines, guarding must be provided to prevent severed

[[Page 599]]

electrical cables or power lines near broken fuel lines.
    (j) Diesel fuel piping systems must be protected and located to 
prevent physical damage.



Sec. 75.1906  Transport of diesel fuel.

    (a) Diesel fuel shall be transported only by diesel fuel 
transportation units or in safety cans.
    (b) No more than one safety can shall be transported on a vehicle at 
any time. The can must be protected from damage during transport. All 
other safety cans must be stored in permanent underground diesel fuel 
storage facilities.
    (c) Safety cans that leak must be promptly removed from the mine.
    (d) Diesel fuel transportation unit tanks and safety cans must be 
conspicuously marked as containing diesel fuel.
    (e) Diesel fuel transportation units must transport no more than 500 
gallons of diesel fuel at a time.
    (f) Tanks on diesel fuel transportation units must be permanently 
fixed to the unit and have a total capacity of no greater than 500 
gallons of diesel fuel.
    (g) Non-self-propelled diesel fuel transportation units with 
electrical components for dispensing fuel that are connected to a source 
of electrical power must be protected by a fire suppression device that 
meets the requirements of Sec. Sec. 75.1107-3 through 75.1107-6, and 
Sec. Sec. 75.1107-8 through 75.1107-16.
    (h) Diesel fuel transportation units and vehicles transporting 
safety cans containing diesel fuel must have at least two multipurpose, 
dry chemical type (ABC) fire extinguishers, listed or approved by a 
nationally recognized independent testing laboratory and having a 
10A:60B:C or higher rating, with one fire extinguisher provided on each 
side of the vehicle.
    (i) Diesel fuel transportation units shall be parked only in 
permanent underground diesel fuel storage facilities or temporary 
underground diesel fuel storage areas when not in use.
    (j) When the distance between a diesel fuel transportation unit and 
an energized trolley wire at any location is less than 12 inches, the 
requirements of Sec. 75.1003-2 must be followed.
    (k) Diesel fuel shall not be transported on or with mantrips or on 
conveyor belts.
    (l) Diesel fuel shall be stored and handled in accordance with the 
requirements of Sec. Sec. 75.1902 through 75.1906 of this part as of 
November 25, 1997.

[61 FR 55527, Oct. 25, 1996, as amended at 63 FR 12647, Mar. 16, 1998]



Sec. 75.1907  Diesel-powered equipment intended for use in underground 
coal mines.

    (a) As of November 25, 1996 all diesel-powered equipment used where 
permissible electrical equipment is required must be approved under part 
36 of this chapter.
    (b) Diesel-powered equipment approved under part 36 of this chapter 
must be provided with additional safety features in accordance with the 
following time schedule:
    (1) As of April 25, 1997 the equipment must have a safety component 
system that limits surface temperatures to those specified in subpart F 
of part 7 of this title;
    (2) As of November 25, 1999 the equipment must have an automatic or 
manual fire suppression system that meets the requirements of Sec. 
75.1911 of this part, and at least one portable multipurpose dry 
chemical type (ABC) fire extinguisher, listed or approved by a 
nationally recognized independent testing laboratory and having a 
10A:60B:C or higher rating. The fire extinguisher must be located within 
easy reach of the equipment operator and be protected from damage by 
collision.
    (3) As of November 25, 1999 the equipment must have a brake system 
that meets the requirements of Sec. 75.1909 (b)(6), (b)(7), (b)(8), 
(c), (d), and (e);
    (4) As of November 25, 1997 a particulate index and dilution air 
quantity shall be determined for the equipment in accordance with 
subpart E of part 7 of this chapter; and
    (5) Permissible diesel-powered equipment manufactured on or after 
November 25, 1999 and that is used in an underground coal mine shall 
incorporate a power package approved in accordance with part 7, subpart 
F of this chapter.
    (c) As of November 25, 1999 nonpermissible diesel-powered equipment,

[[Page 600]]

except the special category of equipment under Sec. 75.1908(d), shall 
meet the requirements of Sec. Sec. 75.1909 and 75.1910 of this part.



Sec. 75.1908  Nonpermissible diesel-powered equipment; categories.

    (a) Heavy-duty diesel-powered equipment includes--
    (1) Equipment that cuts or moves rock or coal;
    (2) Equipment that performs drilling or bolting functions;
    (3) Equipment that moves longwall components;
    (4) Self-propelled diesel fuel transportation units and self-
propelled lube units; or
    (5) Machines used to transport portable diesel fuel transportation 
units or portable lube units.
    (b) Light-duty diesel-powered equipment is any diesel-powered 
equipment that does not meet the criteria of paragraph (a).
    (c) For the purposes of this subpart, the following equipment is 
considered attended:
    (1) Any machine or device operated by a miner; or
    (2) Any machine or device that is mounted in the direct line of 
sight of a job site located within 500 feet of such machine or device, 
which job site is occupied by a miner.
    (d) Diesel-powered ambulances and fire fighting equipment are a 
special category of equipment that may be used underground only in 
accordance with the mine fire fighting and evacuation plan under Sec. 
75.1101-23.



Sec. 75.1909  Nonpermissible diesel-powered equipment; design and 
performance requirements.

    (a) Nonpermissible diesel-powered equipment, except for the special 
category of equipment under Sec. 75.1908(d), must be equipped with the 
following features:
    (1) An engine approved under subpart E of part 7 of this title 
equipped with an air filter sized in accordance with the engine 
manufacturer's recommendations, and an air filter service indicator set 
in accordance with the engine manufacturer's recommendations;
    (2) At least one portable multipurpose dry chemical type (ABC) fire 
extinguisher listed or approved by a nationally recognized independent 
testing laboratory with a 10A:60B:C or higher rating. The fire 
extinguisher must be located within easy reach of the equipment operator 
and protected from damage;
    (3) A fuel system specifically designed for diesel fuel meeting the 
following requirements:
    (i) A fuel tank and fuel lines that do not leak;
    (ii) A fuel tank that is substantially constructed and protected 
against damage by collision;
    (iii) A vent opening that maintains atmospheric pressure in the fuel 
tank, and that is designed to prevent fuel from splashing out of the 
vent opening;
    (iv) A self-closing filler cap on the fuel tank;
    (v) The fuel tank, filler and vent must be located so that leaks or 
spillage during refueling will not contact hot surfaces;
    (vi) Fuel line piping must be either steel-wire reinforced; 
synthetic elastomer-covered hose suitable for use with diesel fuel that 
has been tested and has been determined to be fire-resistant by the 
manufacturer; or metal;
    (vii) Fuel line piping must be clamped;
    (viii) Primary fuel lines must be located so that fuel line leaks do 
not contact hot surfaces;
    (ix) The fuel lines must be separated from electrical wiring and 
protected from damage in ordinary use;
    (x) A manual shutoff valve must be installed in the fuel system as 
close as practicable to the tank; and
    (xi) A water separator and fuel filter(s) must be provided.
    (4) A sensor to monitor the temperature and provide a visual warning 
of an overheated cylinder head on air-cooled engines;
    (5) Guarding to protect fuel, hydraulic, and electric lines when 
such lines pass near rotating parts or in the event of shaft failure;
    (6) Hydraulic tanks, fillers, vents, and lines located to prevent 
spillage or leaks from contacting hot surfaces;

[[Page 601]]

    (7) Reflectors or warning lights mounted on the equipment which can 
be readily seen in all directions;
    (8) A means to direct exhaust gas away from the equipment operator, 
persons on board the machine, and combustible machine components;
    (9) A means to prevent unintentional free and uncontrolled descent 
of personnel-elevating work platforms; and
    (10) A means to prevent the spray from ruptured hydraulic or 
lubricating oil lines from being ignited by contact with engine exhaust 
system component surfaces.
    (b) Self-propelled nonpermissible diesel-powered equipment must have 
the following features in addition to those in paragraph (a):
    (1) A means to ensure that no stored hydraulic energy that will 
cause machine articulation is available after the engine is shut down;
    (2) A neutral start feature which ensures that engine cranking 
torque will not be transmitted through the powertrain and cause machine 
movement on vehicles utilizing fluid power transmissions;
    (3) For machines with steering wheels, brake pedals, and accelerator 
pedals, controls which are of automobile orientation;
    (4) An audible warning device conveniently located near the 
equipment operator;
    (5) Lights provided and maintained on both ends of the equipment. 
Equipment normally operated in both directions must be equipped with 
headlights for both directions;
    (6) Service brakes that act on each wheel of the vehicle and that 
are designed such that failure of any single component, except the brake 
actuation pedal or other similar actuation device, must not result in a 
complete loss of service braking capability;
    (7) Service brakes that safely bring the fully loaded vehicle to a 
complete stop on the maximum grade on which it is operated; and
    (8) No device that traps a column of fluid to hold the brake in the 
applied position shall be installed in any brake system, unless the 
trapped column of fluid is released when the equipment operator is no 
longer in contact with the brake activation device.
    (c) Self-propelled nonpermissible heavy-duty diesel-powered 
equipment under Sec. 75.1908(a), except rail-mounted equipment, shall 
be provided with a supplemental braking system that:
    (1) Engages automatically within 5 seconds of the shutdown of the 
engine;
    (2) Safely brings the equipment when fully loaded to a complete stop 
on the maximum grade on which it is operated;
    (3) Holds the equipment stationary, despite any contraction of brake 
parts, exhaustion of any nonmechanical source of energy, or leakage;
    (4) Releases only by a manual control that does not operate any 
other equipment function;
    (5) Has a means in the equipment operator's compartment to apply the 
brakes manually without shutting down the engine, and a means to release 
and reengage the brakes without the engine operating; and
    (6) Has a means to ensure that the supplemental braking system is 
released before the equipment can be trammed, and is designed to ensure 
the brake is fully released at all times while the equipment is trammed.
    (d) Self-propelled nonpermissible light-duty diesel-powered 
equipment under Sec. 75.1908(b), except rail-mounted equipment, must be 
provided with a parking brake that holds the fully loaded equipment 
stationary on the maximum grade on which it is operated despite any 
contraction of the brake parts, exhaustion of any nonmechanical source 
of energy, or leakage.
    (e) The supplemental and park brake systems required by paragraphs 
(c) and (d) must be applied when the equipment operator is not at the 
controls of the equipment, except during movement of disabled equipment.
    (f) Self-propelled personnel-elevating work platforms must be 
provided with a means to ensure that the parking braking system is 
released before the equipment can be trammed, and must be designed to 
ensure the brake is fully released at all times while the equipment is 
trammed.
    (g) Any nonpermissible equipment that discharges its exhaust 
directly into a return air course must be provided with a power package 
approved under subpart F of part 7 of this title.

[[Page 602]]

    (h) Self-propelled nonpermissible heavy-duty diesel-powered 
equipment meeting the requirements of Sec. 75.1908(a) must be provided 
with an automatic fire suppression system meeting the requirements of 
Sec. 75.1911.
    (i) Self-propelled nonpermissible light-duty diesel-powered 
equipment meeting the requirements of Sec. 75.1908(b) must be provided 
with an automatic or manual fire suppression system meeting the 
requirements of Sec. 75.1911.
    (j) Nonpermissible equipment that is not self-propelled must have 
the following features in addition to those listed in paragraph (a):
    (1) A means to prevent inadvertent movement of the equipment when 
parked;
    (2) Safety chains or other suitable secondary connections on 
equipment that is being towed; and
    (3) An automatic fire suppression system meeting the requirements of 
Sec. 75.1911.

[61 FR 55527, Oct. 25, 1996; 62 FR 34641, June 27, 1997]



Sec. 75.1910  Nonpermissible diesel-powered equipment; electrical system 
design and performance requirements.

    Electrical circuits and components associated with or connected to 
electrical systems on nonpermissible diesel-powered equipment utilizing 
storage batteries and integral charging systems, except for the special 
category of equipment under Sec. 75.1908(d), must conform to the 
following requirements:
    (a) Overload and short circuit protection must be provided for 
electric circuits and components in accordance with Sec. Sec. 75.518 
and 75.518-1 of this part;
    (b) Each electric conductor from the battery to the starting motor 
must be protected against short circuit by fuses or other circuit-
interrupting devices placed as near as practicable to the battery 
terminals;
    (c) Each branch circuit conductor connected to the main circuit 
between the battery and charging generator must be protected against 
short circuit by fuses or other automatic circuit-interrupting devices;
    (d) The electrical system shall be equipped with a circuit-
interrupting device by means of which all power conductors can be 
deenergized. The device must be located as close as practicable to the 
battery terminals and be designed to operate within its electrical 
rating without damage. The device shall not automatically reset after 
being actuated. All magnetic circuit-interrupting devices must be 
mounted in a manner to preclude their closing by force of gravity;
    (e) Each motor and charging generator must be protected by an 
automatic overcurrent device. One protective device will be acceptable 
when two motors of the same rating operate simultaneously and perform 
virtually the same duty;
    (f) Each ungrounded conductor must have insulation compatible with 
the impressed voltage. Insulation materials must be resistant to 
deterioration from engine heat and oil. Electric conductors must meet 
the applicable requirements of Sec. Sec. 75.513 and 75.513-1, except 
electric conductors for starting motors, which must only meet the 
requirements of Sec. 75.513;
    (g) All wiring must have adequate mechanical protection to prevent 
damage to the cable that might result in short circuits;
    (h) Sharp edges and corners must be removed at all points where 
there is a possibility of damaging wires, cables, or conduits by cutting 
or abrasion. The insulation of the cables within a battery box must be 
protected against abrasion;
    (i) When insulated wires other than cables pass through metal 
frames, the holes must be substantially bushed with insulated bushings. 
Cables must enter metal frames of motors, splice boxes, and electric 
components only through proper fittings. All electrical connections and 
splices must be mechanically and electrically efficient, and suitable 
connectors shall be used. All electrical connectors or splices in 
insulated wire must be reinsulated at least to the same degree of 
protection as the remainder of the wire;
    (j) The battery must be secured to prevent movement, and must be 
protected from external damage by position. Batteries that are not 
protected from external damage by position must

[[Page 603]]

be enclosed in a battery box. Flame-resistant insulation treated to 
resist chemical reaction to electrolyte must be provided on battery 
connections to prevent battery terminals from contacting conducting 
surfaces;
    (k) A battery box, including the cover, must be constructed of steel 
with a minimum thickness of \1/8\ inch, or of a material other than 
steel that provides equivalent strength;
    (l) Battery-box covers must be lined with a flame-resistant 
insulating material permanently attached to the underside of the cover, 
unless equivalent protection is provided. Battery-box covers must be 
provided with a means for securing them in closed position. At least \1/
2\ inch of air space must be provided between the underside of the cover 
and the top of the battery, including terminals;
    (m) Battery boxes must be provided with ventilation openings to 
prevent the accumulation of flammable or toxic gases or vapors within 
the battery box. The size and locations of openings for ventilation must 
prevent direct access to battery terminals;
    (n) The battery must be insulated from the battery-box walls and 
supported on insulating materials. Insulating materials that may be 
subject to chemical reaction with electrolyte must be treated to resist 
such action; and
    (o) Drainage holes must be provided in the bottom of each battery 
box.



Sec. 75.1911  Fire suppression systems for diesel-powered equipment and 
fuel transportation units.

    (a) The fire suppression system required by Sec. Sec. 75.1907 and 
75.1909 shall be a multipurpose dry chemical type (ABC) fire suppression 
system listed or approved by a nationally recognized independent testing 
laboratory and appropriate for installation on diesel-powered equipment 
and fuel transportation units.
    (1) The system shall be installed in accordance with the 
manufacturer's specifications and the limitations of the listing or 
approval.
    (2) The system shall be installed in a protected location or guarded 
to minimize physical damage from routine vehicle operations.
    (3) Suppressant agent distribution tubing or piping shall be secured 
and protected against damage, including pinching, crimping, stretching, 
abrasion, and corrosion.
    (4) Discharge nozzles shall be positioned and aimed for maximum fire 
suppression effectiveness. Nozzles shall also be protected against the 
entrance of foreign materials such as mud, coal dust, or rock dust.
    (b) The fire suppression system shall provide fire suppression and, 
if automatic, fire detection for the engine including the starter, 
transmission, hydraulic pumps and tanks, fuel tanks, exposed brake 
units, air compressors and battery areas on diesel-powered equipment and 
electric panels or controls used on fuel transportation units and other 
areas as necessary.
    (c) If automatic, the fire suppression system shall include audible 
and visual alarms to warn of fires or system faults.
    (d) The fire suppression system shall provide for automatic engine 
shutdown. If the fire suppression system is automatic, engine shutdown 
and discharge of suppressant agent may be delayed for a maximum of 15 
seconds after the fire is detected by the system.
    (e) The fire suppression system shall be operable by at least two 
manual actuators. One actuator shall be located on each side of the 
equipment. If the equipment is provided with an operator's compartment, 
one of the manual actuators shall be located in the compartment within 
reach of the operator.
    (f) The fire suppression system shall remain operative in the event 
of engine shutdown, equipment electrical system failure, or failure of 
any other equipment system.
    (g) The electrical components of each fire suppression system 
installed on equipment used where permissible electric equipment is 
required shall be permissible or intrinsically safe and such components 
shall be maintained in permissible or intrinsically safe condition.

[[Page 604]]

    (h) Electrically operated detection and actuation circuits shall be 
monitored and provided with status indicators showing power and circuit 
continuity. If the system is not electrically operated, a means shall be 
provided to indicate the functional readiness status of the detection 
system.
    (i) Each fire suppression system shall be tested and maintained in 
accordance with the manufacturer's recommended inspection and 
maintenance program and as required by the nationally recognized 
independent testing laboratory listing or approval, and be visually 
inspected at least once each week by a person trained to make such 
inspections.
    (j) Recordkeeping Persons performing inspections and tests of fire 
suppression systems under paragraph (i) shall record when a fire 
suppression system does not meet the installation or maintenance 
requirements of this section.
    (1) The record shall include the equipment on which the fire 
suppression system did not meet the installation or maintenance 
requirements of this section, the defect found, and the corrective 
action taken.
    (2) Records are to be kept manually in a secure manner not 
susceptible to alteration or recorded electronically in a secured 
computer system that is not susceptible to alteration.
    (3) Records shall be maintained at a surface location at the mine 
for one year and made available for inspection by an authorized 
representative of the Secretary and miners' representatives.
    (k) All miners normally assigned to the active workings of the mine 
shall be instructed about the hazards inherent to the operation of the 
fire suppression systems and, where appropriate, the safeguards 
available for each system.
    (l) For purposes of Sec. 75.380(f), a fire suppression system 
installed on diesel-powered equipment and meeting the requirements of 
this section is equivalent to a fire suppression system meeting the 
requirements of Sec. Sec. 75.1107-3 through 75.1107-16.



Sec. 75.1912  Fire suppression systems for permanent underground diesel 
fuel storage facilities.

    (a) The fire suppression system required by Sec. 75.1903 shall be 
an automatic multipurpose dry chemical type (ABC) fire suppression 
system listed or approved as an engineered dry chemical extinguishing 
system by a nationally recognized independent testing laboratory and 
appropriate for installation at a permanent underground diesel fuel 
storage facility.
    (1) Alternate types of fire suppression systems shall be approved in 
accordance with Sec. 75.1107-13 of this part.
    (2) The system shall be installed in accordance with the 
manufacturer's specifications and the limitations of the listing or 
approval.
    (3) The system shall be installed in a protected location or guarded 
to prevent physical damage from routine operations.
    (4) Suppressant agent distribution tubing or piping shall be secured 
and protected against damage, including pinching, crimping, stretching, 
abrasion, and corrosion.
    (5) Discharge nozzles shall be positioned and aimed for maximum fire 
suppression effectiveness in the protected areas. Nozzles must also be 
protected against the entrance of foreign materials such as mud, coal 
dust, and rock dust.
    (b) The fire suppression system shall provide automatic fire 
detection and automatic fire suppression for all areas within the 
facility.
    (c) Audible and visual alarms to warn of fire or system faults shall 
be provided at the protected area and at a surface location which is 
continually monitored by a person when personnel are underground. In the 
event of a fire, personnel shall be warned in accordance with the 
provisions set forth in Sec. 75.1101-23.
    (d) The fire suppression system shall deenergize all power to the 
diesel fuel storage facility when actuated except that required for 
automatic enclosure and alarms.
    (e) Fire suppression systems shall include two manual actuators 
located as follows:

[[Page 605]]

    (1) At least one within the fuel storage facility; and
    (2) At least one a safe distance away from the storage facility and 
located in intake air, upwind of the storage facility.
    (f) The fire suppression system shall remain operational in the 
event of electrical system failure.
    (g) Electrically operated detection and actuation circuits shall be 
monitored and provided with status indicators showing power and circuit 
continuity. If the system is not electrically operated, a means shall be 
provided to indicate the functional readiness status of the detection 
system.
    (h) Each fire suppression system shall be tested and maintained in 
accordance with the manufacturer's recommended inspection and 
maintenance program and as required by the nationally recognized 
independent testing laboratory listing or approval, and be visually 
inspected at least once each week by a person trained to make such 
inspections.
    (i) Recordkeeping. Persons performing inspections and tests of fire 
suppression systems under paragraph (h) shall record when a fire 
suppression system does not meet the installation or maintenance 
requirements of this section.
    (1) The record shall include the facility whose fire suppression 
system did not meet the installation or maintenance requirements of this 
section, the defect found, and the corrective action taken.
    (2) Records are to be kept manually in a secure manner not 
susceptible to alteration or recorded electronically in a secured 
computer system that is not susceptible to alteration.
    (3) Records shall be maintained at a surface location at the mine 
for one year and made available for inspection by an authorized 
representative of the Secretary and miners' representatives.
    (j) All miners normally assigned to the active workings of the mine 
shall be instructed about the hazards inherent to the operation of the 
fire suppression systems and, where appropriate, the safeguards 
available for each system.



Sec. 75.1913  Starting aids.

    (a) Volatile fuel starting aids shall be used in accordance with 
recommendations provided by the starting aid manufacturer, the engine 
manufacturer, and the machine manufacturer.
    (b) Containers of volatile fuel starting aids shall be conspicuously 
marked to indicate the contents. When not in use, containers of volatile 
fuel starting aids shall be stored in metal enclosures that are used 
only for storage of starting aids. Such metal enclosures must be 
conspicuously marked, secured, and protected from damage.
    (c) Volatile fuel starting aids shall not be:
    (1) Taken into or used in areas where permissible equipment is 
required;
    (2) Used in the presence of open flames or burning flame safety 
lamps, or when welding or cutting is taking place; or
    (3) Used in any area where 1.0 percent or greater concentration of 
methane is present.
    (d) Compressed oxygen or compressed flammable gases shall not be 
connected to diesel air-start systems.



Sec. 75.1914  Maintenance of diesel-powered equipment.

    (a) Diesel-powered equipment shall be maintained in approved and 
safe condition or removed from service.
    (b) Maintenance and repairs of approved features and those features 
required by Sec. Sec. 75.1909 and 75.1910 on diesel-powered equipment 
shall be made only by a person qualified under Sec. 75.1915.
    (c) The water scrubber system on diesel-powered equipment shall be 
drained and flushed, by a person who is trained to perform this task, at 
least once on each shift in which the equipment is operated.
    (d) The intake air filter on diesel-powered equipment shall be 
replaced or serviced, by a person who is trained to perform this task, 
when the intake air pressure drop device so indicates or when the engine 
manufacturer's maximum allowable air pressure drop level is exceeded.
    (e) Mobile diesel-powered equipment that is to be used during a 
shift shall be visually examined by the equipment operator before being 
placed in operation. Equipment defects affecting

[[Page 606]]

safety shall be reported promptly to the mine operator.
    (f) All diesel-powered equipment shall be examined and tested weekly 
by a person qualified under Sec. 75.1915.
    (1) Examinations and tests shall be conducted in accordance with 
approved checklists and manufacturers' maintenance manuals.
    (2) Persons performing weekly examinations and tests of diesel-
powered equipment under this paragraph shall make a record when the 
equipment is not in approved or safe condition. The record shall include 
the equipment that is not in approved or safe condition, the defect 
found, and the corrective action taken.
    (g) Undiluted exhaust emissions of diesel engines in diesel-powered 
equipment approved under part 36 and heavy-duty nonpermissible diesel-
powered equipment as defined in Sec. 75.1908(a) in use in underground 
coal mines shall be tested and evaluated weekly by a person who is 
trained to perform this task. The mine operator shall develop and 
implement written standard operating procedures for such testing and 
evaluation that specify the following:
    (1) The method of achieving a repeatable loaded engine operating 
condition for each type of equipment;
    (2) Sampling and analytical methods (including calibration of 
instrumentation) that are capable of accurately detecting carbon 
monoxide in the expected concentrations;
    (3) The method of evaluation and interpretation of the results;
    (4) The concentration or changes in concentration of carbon monoxide 
that will indicate a change in engine performance. Carbon monoxide 
concentration shall not exceed 2500 parts per million; and
    (5) The maintenance of records necessary to track engine 
performance.
    (h) Recordkeeping. Records required by paragraphs (f)(2) and (g)(5) 
shall be--
    (1) Recorded in a secure book that is not susceptible to alteration, 
or recorded electronically in a computer system that is secure and not 
susceptible to alteration; and
    (2) Retained at a surface location at the mine for at least 1 year 
and made available for inspection by an authorized representative of the 
Secretary and by miners' representatives.
    (i) Diesel-powered equipment must be maintained in accordance with 
this part as of November 25, 1997.



Sec. 75.1915  Training and qualification of persons working on 
diesel-powered equipment.

    (a) To be qualified to perform maintenance, repairs, examinations 
and tests on diesel-powered equipment, as required by Sec. 75.1914, a 
person must successfully complete a training and qualification program 
that meets the requirements of this section. A person qualified to 
perform these tasks shall be retrained as necessary to maintain the 
ability to perform all assigned diesel-powered equipment maintenance, 
repairs, examinations and tests.
    (b) A training and qualification program under this section must:
    (1) Be presented by a competent instructor;
    (2) Be sufficient to prepare or update a person's ability to perform 
all assigned tasks with respect to diesel-powered equipment maintenance, 
repairs, examinations and tests;
    (3) Address, at a minimum, the following:
    (i) The requirements of subpart T of this part;
    (ii) Use of appropriate power package or machine checklists to 
conduct tests to ensure that diesel-powered equipment is in approved and 
safe condition, with acceptable emission levels;
    (iii) Proper maintenance of approved features and the correct use of 
the appropriate maintenance manuals, including machine adjustments, 
service, and assembly;
    (iv) Diesel-powered equipment fire suppression system tests and 
maintenance;
    (v) Fire and ignition sources and their control or elimination, 
including cleaning of the equipment;
    (vi) Safe fueling procedures and maintenance of the fuel system of 
the equipment; and
    (vii) Intake air system maintenance and tests.
    (4) Include an examination that requires demonstration of the 
ability to perform all assigned tasks with respect

[[Page 607]]

to diesel-powered equipment maintenance, repairs, examinations and 
tests; and
    (5) Be in writing. The written program shall include a description 
of the course content, materials, and teaching methods for initial 
training and retraining.
    (c) Recordkeeping. The operator shall maintain a copy of the 
training and qualification program required by this section and a record 
of the names of all persons qualified under the program.
    (1) The record of the names of qualified persons shall be made in a 
manner that is not susceptible to alteration, or recorded electronically 
in a computer system that is secure and not susceptible to alteration.
    (2) The training and qualification program and record of qualified 
persons are to be kept at surface location of the mine and made 
available for inspection by an authorized representative of the 
Secretary and by miners' representatives.



Sec. 75.1916  Operation of diesel-powered equipment.

    (a) Diesel-powered equipment shall be operated at a speed that is 
consistent with the type of equipment being operated, roadway 
conditions, grades, clearances, visibility, and other traffic.
    (b) Operators of mobile diesel-powered equipment shall maintain full 
control of the equipment while it is in motion.
    (c) Standardized traffic rules, including speed limits, signals and 
warning signs, shall be established at each mine and followed.
    (d) Except as required in normal mining operations, mobile diesel-
powered equipment shall not be idled.
    (e) Diesel-powered equipment shall not be operated unattended.



PART 77_MANDATORY SAFETY STANDARDS, SURFACE COAL MINES AND SURFACE WORK 
AREAS OF UNDERGROUND COAL MINES--Table of Contents




                            Subpart A_General

Sec.
77.1 Scope.
77.2 Definitions.

                Subpart B_Qualified and Certified Persons

77.100 Certified person.
77.101 Tests for methane and for oxygen deficiency; qualified person.
77.102 Tests for methane; oxygen deficiency; qualified person, 
          additional requirement.
77.103 Electrical work; qualified person.
77.104 Repair of energized surface high voltage lines; qualified person.
77.105 Qualified hoistman; slope or shaft sinking operation; 
          qualifications.
77.106 Records of certified and qualified persons.
77.107 Training programs.
77.107-1 Plans for training programs.

                     Subpart C_Surface Installations

77.200 Surface installations; general.
77.201 Methane content in surface installations.
77.201-1 Tests for methane; qualified person; use of approved device.
77.201-2 Methane accumulations; change in ventilation.
77.202 Dust accumulations in surface installations.
77.203 Use of material or equipment overhead; safeguards.
77.204 Openings in surface installations; safeguards.
77.205 Travelways at surface installations.
77.206 Ladders; construction; installation and maintenance.
77.207 Illumination.
77.208 Storage of materials.
77.209 Surge and storage piles.
77.210 Hoisting of materials.
77.211 Draw-off tunnels; stockpiling and reclaiming operations; general.
77.211-1 Continuous methane monitoring device; installation and 
          operation; automatic deenergization of electric equipment.
77.212 Draw-off tunnel ventilation fans; installation.
77.213 Draw-off tunnel escapeways.
77.214 Refuse piles; general.
77.215 Refuse piles, construction requirements.
77.215-1 Refuse piles; identification.
77.215-2 Refuse piles; reporting requirements.
77.215-3 Refuse piles; certification.
77.215-4 Refuse piles; abandonment.
77.216 Water, sediment, or slurry impoundments and impounding 
          structures; general.
77.216-1 Water, sediment or slurry impoundments and impounding 
          structures; identification.
77.216-2 Water, sediment, or slurry impoundments and impounding 
          structures; minimum plan requirements; changes or 
          modifications; certification.

[[Page 608]]

77.216-3 Water, sediment, or slurry impoundments and impounding 
          structures; inspection requirements; correction of hazards; 
          program requirements.
77.216-4 Water, sediment or slurry impoundments and impounding 
          structures; reporting requirements; certification.
77.216-5 Water, sediment or slurry impoundments and impounding 
          structures; abandonment.
77.217 Definitions.

                        Subpart D_Thermal Dryers

77.300 Thermal dryers; general.
77.301 Dryer heating units; operation.
77.302 Bypass stacks.
77.303 Hot gas inlet chamber dropout doors.
77.304 Explosion release vents.
77.305 Access to drying chambers, hot gas inlet chambers and ductwork; 
          installation and maintenance.
77.306 Fire protection.
77.307 Thermal dryers; location and installation; general.
77.308 Structures housing other facilities; use of partitions.
77.309 Visual check of system equipment.
77.309-1 Control stations; location.
77.310 Control panels.
77.311 Alarm devices.
77.312 Fail safe monitoring systems.
77.313 Wet-coal feedbins; low-level indicators.
77.314 Automatic temperature control instruments.
77.315 Thermal dryers; examination and inspection.

              Subpart E_Safeguards for Mechanical Equipment

77.400 Mechanical equipment guards.
77.401 Stationary grinding machines; protective devices.
77.402 Hand-held power tools; safety devices.
77.403 Mobile equipment; falling object protective structures (FOPS).
77.403a Mobile equipment; rollover protective structures (ROPS).
77.403b Incorporation by reference.
77.404 Machinery and equipment; operation and maintenance.
77.405 Performing work from a raised position; safeguards.
77.406 Drive belts.
77.407 Power driven pulleys.
77.408 Welding operations.
77.409 Shovels, draglines, and tractors.
77.410 Mobile equipment; automatic warning devices.
77.411 Compressed air and boilers; general.
77.412 Compressed air systems.
77.413 Boilers.

                 Subpart F_Electrical Equipment_General

77.500 Electric power circuits and electric equipment; deenergization.
77.501 Electric distribution circuits and equipment; repair.
77.501-1 Qualified person.
77.502 Electric equipment; examination, testing, and maintenance.
77.502-1 Qualified person.
77.502-2 Electric equipment; frequency of examination and testing.
77.503 Electric conductors; capacity and insulation.
77.503-1 Electric conductors.
77.504 Electrical connections or splices; suitability.
77.505 Cable fittings; suitability.
77.506 Electric equipment and circuits; overload and short-circuit 
          protection.
77.506-1 Electric equipment and circuits; overload and short circuit 
          protection; minimum requirements.
77.507 Electric equipment; switches.
77.508 Lightning arresters, ungrounded and exposed power conductors and 
          telephone wires.
77.508-1 Lightning arresters; wires entering buildings.
77.509 Transformers; installation and guarding.
77.510 Resistors; location and guarding.
77.511 Danger signs at electrical installations.
77.512 Inspection and cover plates.
77.513 Insulating mats at power switches.
77.514 Switchboard; passageways and clearance.
77.515 Bare signal or control wires; voltage.
77.516 Electric wiring and equipment; installation and maintenance.

                        Subpart G_Trailing Cables

77.600 Trailing cables; short-circuit protection; disconnecting devices.
77.601 Trailing cables or portable cables; temporary splices.
77.602 Permanent splicing of trailing cables.
77.603 Clamping of trailing cables to equipment.
77.604 Protection of trailing cables.
77.605 Breaking trailing cable and power cable connections.
77.606 Energized trailing cables; handling.
77.606-1 Rubber gloves; minimum requirements.

                           Subpart H_Grounding

77.700 Grounding metallic sheaths, armors, and conduits enclosing power 
          conductors.
77.700-1 Approved methods of grounding.
77.701 Grounding metallic frames, casings, and other enclosures of 
          electric equipment.
77.701-1 Approved methods of grounding of equipment receiving power from

[[Page 609]]

          ungrounded alternating current power systems.
77.701-2 Approved methods of grounding metallic frames, casings and 
          other enclosures of electric equipment receiving power from a 
          direct-current power system.
77.701-3 Grounding wires; capacity.
77.701-4 Use of grounding connectors.
77.702 Protection other than grounding.
77.703 Grounding frames of stationary high-voltage equipment receiving 
          power from ungrounded delta systems.
77.703-1 Approved methods of grounding.
77.704 Work on high-voltage lines; deenergizing and grounding.
77.704-1 Work on high-voltage lines.
77.704-2 Repairs to energized high-voltage lines.
77.704-3 Work on energized high-voltage surface lines; reporting.
77.704-4 Simultaneous repairs.
77.704-5 Installation of protective equipment.
77.704-6 Protective clothing; use and inspection.
77.704-7 Protective equipment; inspection.
77.704-8 Protective equipment; testing and storage.
77.704-9 Operating disconnecting or cutout switches.
77.704-10 Tying into energized high-voltage surface circuits.
77.704-11 Use of grounded messenger wires; ungrounded systems.
77.705 Guy wires; grounding.

               Subpart I_Surface High-Voltage Distribution

77.800 High-voltage circuits; circuit breakers.
77.800-1 Testing, examination, and maintenance of circuit breakers; 
          procedures.
77.800-2 Testing, examination, and maintenance of circuit breakers; 
          record.
77.801 Grounding resistors.
77.801-1 Grounding resistors; continuous current rating.
77.802 Protection of high-voltage circuits; neutral grounding resistors; 
          disconnecting devices.
77.803 Fail safe ground check circuits on high-voltage resistance 
          grounded systems.
77.803-1 Fail safe ground check circuits; maximum voltage.
77.803-2 Ground check systems not employing pilot check wires; approval 
          by the Secretary.
77.804 High-voltage trailing cables; minimum design requirements.
77.805 Cable couplers and connection boxes; minimum design requirements.
77.806 Connection of single-phase loads.
77.807 Installation of high-voltage transmission cables.
77.807-1 High-voltage powerlines; clearances above ground.
77.807-2 Booms and masts; minimum distance from high-voltage lines.
77.807-3 Movement of equipment; minimum distance from high-voltage 
          lines.
77.808 Disconnecting devices.
77.809 Identification of circuit breakers and disconnecting switches.
77.810 High-voltage equipment; grounding.
77.811 Movement of portable substations and transformers.

     Subpart J_Low- and Medium-Voltage Alternating Current Circuits

77.900 Low- and medium-voltage circuits serving portable or mobile 
          three-phase alternating current equipment; circuit breakers.
77.900-1 Testing, examination, and maintenance of circuit breakers; 
          procedures.
77.900-2 Testing, examination, and maintenance of circuit breakers; 
          record.
77.901 Protection of low- and medium-voltage three-phase circuits.
77.901-1 Grounding resistor; continuous current rating.
77.902 Low- and medium-voltage ground check monitor circuits.
77.902-1 Fail safe ground check circuits; maximum voltage.
77.902-2 Approved ground check systems not employing pilot check wires.
77.902-3 Attachment of ground conductors and ground check wires to 
          equipment frames; use of separate connections.
77.903 Disconnecting devices.
77.904 Identification of circuit breakers.
77.905 Connection of single-phase loads.
77.906 Trailing cables supplying power to low-voltage mobile equipment; 
          ground wires and ground check wires.

                        Subpart K_Ground Control

77.1000 Highwalls, pits, and spoil banks; plans.
77.1000-1 Filing of plan.
77.1001 Stripping; loose material.
77.1002 Box cuts; spoil material placement.
77.1003 Benches.
77.1004 Ground control; inspection and maintenance; general.
77.1005 Scaling highwalls; general.
77.1006 Highwalls; men working.
77.1007 Drilling; general.
77.1008 Relocation of drills; safeguards.
77.1009 Drill; operation.
77.1010 Collaring holes.
77.1011 Drill holes; guarding.
77.1012 Jackhammers; operation; safeguards.
77.1013 Air drills; safeguards.

[[Page 610]]

                        Subpart L_Fire Protection

77.1100 Fire protection; training and organization.
77.1101 Escape and evacuation; plan.
77.1102 Warning signs; smoking and open flame.
77.1103 Flammable liquids; storage.
77.1104 Accumulations of combustible materials.
77.1105 Internal combustion engines; fueling.
77.1106 Battery-charging stations; ventilation.
77.1107 Belt conveyors.
77.1108 Firefighting equipment; requirements; general.
77.1108-1 Type and capacity of firefighting equipment.
77.1109 Quantity and location of firefighting equipment.
77.1110 Examination and maintenance of firefighting equipment.
77.1111 Welding, cutting, soldering; use of fire extinguisher.
77.1112 Welding, cutting, soldering with arc or flame; safeguards.

                             Subpart M_Maps

77.1200 Mine map.
77.1201 Certification of mine maps.
77.1202 Availability of mine map.

                    Subpart N_Explosives and Blasting

77.1300 Explosives and blasting.
77.1301 Explosives; magazines.
77.1302 Vehicles used to transport explosives.
77.1303 Explosives; handling and use.
77.1304 Blasting agents; special provisions.

                      Subpart O_Personnel Hoisting

77.1400 Personnel hoists and elevators.
77.1401 Automatic controls and brakes.
77.1402 Rated capacity.
77.1402-1 Maximum load; posting.
77.1403 Daily examination of hoisting equipment.
77.1404 Certifications and records of daily examinations.
77.1405 Operation of hoisting equipment after repairs.

                               Wire Ropes

77.1430 Wire ropes; scope.
77.1431 Minimum rope strength.
77.1432 Initial measurement.
77.1433 Examinations.
77.1434 Retirement criteria.
77.1435 Load end attachments.
77.1436 Drum end attachment.
77.1437 End attachment retermination.
77.1438 End attachment replacement.

                         Subpart P_Auger Mining

77.1500 Auger mining; planning.
77.1501 Auger mining; inspections.
77.1502 Auger holes; restriction against entering.
77.1503 Augering equipment; overhead protection.
77.1504 Auger equipment; operation.
77.1505 Auger holes; blocking.

                      Subpart Q_Loading and Haulage

77.1600 Loading and haulage; general.
77.1601 Transportation of persons; restrictions.
77.1602 Use of aerial tramways to transport persons.
77.1603 Trains and locomotives; authorized persons.
77.1604 Transportation of persons; overcrowding.
77.1605 Loading and haulage equipment; installations.
77.1606 Loading and haulage equipment; inspection and maintenance.
77.1607 Loading and haulage equipment; operation.
77.1608 Dumping facilities.

                         Subpart R_Miscellaneous

77.1700 Communications in work areas.
77.1701 Emergency communications; requirements.
77.1702 Arrangements for emergency medical assistance and transportation 
          for injured persons; reporting requirements; posting 
          requirements.
77.1703 First-Aid training; supervisory employees.
77.1704 First aid training program; availability of instruction to all 
          miners.
77.1705 First aid training program; retraining of supervisory employees; 
          availability to all miners.
77.1706 First aid training program; minimum requirements.
77.1707 First aid equipment; location; minimum requirements.
77.1708 Safety program, instruction of persons employed at the mine.
77.1710 Protective clothing; requirements.
77.1710-1 Distinctively colored hard hats or hard caps; identification 
          for newly employed, inexperienced miners.
77.1711 Smoking prohibition.
77.1712 Reopening mines; notification; inspection prior to mining.
77.1713 Daily inspection of surface coal mine; certified person; reports 
          of inspection.

            Subpart S_Trolley Wires and Trolley Feeder Wires

77.1800 Cutout switches.
77.1801 Overcurrent protection.

[[Page 611]]

77.1801-1 Devices for overcurrent protection.
77.1802 Insulation of trolley wires, trolley feeder wires and bare 
          signal wires; guarding of trolley wires and trolley feeder 
          wires.

                    Subpart T_Slope and Shaft Sinking

77.1900 Slopes and shafts; approval of plans.
77.1900-1 Compliance with approved slope and shaft sinking plans.
77.1901 Preshift and onshift inspections; reports.
77.1901-1 Methane and oxygen deficiency tests; approved devices.
77.1902 Drilling and mucking operations.
77.1902-1 Permissible diesel-powered equipment.
77.1903 Hoists and hoisting; minimum requirements.
77.1904 Communications between slope and shaft bottoms and hoist 
          operators.
77.1905 Hoist safeguards; general.
77.1906 Hoists; daily inspection.
77.1907 Hoist construction; general.
77.1908 Hoist installations; use.
77.1908-1 Hoist operation; qualified hoistman.
77.1909 Explosives and blasting; use of permissible explosives and shot-
          firing units.
77.1909-1 Use of nonpermissible explosives and nonpermissible shot-
          firing units; approval by Health and Safety District Manager.
77.1910 Explosives and blasting; general.
77.1911 Ventilation of slopes and shafts.
77.1912 Ladders and stairways.
77.1913 Fire-resistant wood.
77.1914 Electrical equipment.
77.1915 Storage and handling of combustible materials.
77.1916 Welding, cutting, and soldering; fire protection.

Subpart U--Approved Books and Records [Reserved]

    Authority: 30 U.S.C. 811.

    Source: 36 FR 9364, May 22, 1971, unless otherwise noted.



                            Subpart A_General



Sec. 77.1  Scope.

    This part 77 sets forth mandatory safety standards for bituminous, 
anthracite, and lignite surface coal mines, including open pit and auger 
mines, and to the surface work areas of underground coal mines, pursuant 
to section 101(i) of the Federal Mine Safety and Health Act of 1977.

[36 FR 9364, May 22, 1971, as amended at 43 FR 12320, Mar. 24, 1978]



Sec. 77.2  Definitions.

    For the purpose of this part 77, the term:
    (a) Active workings means any place in a coal mine where miners are 
normally required to work or travel;
    (b) American Table of Distances means the current edition of ``The 
American Table of Distances for Storage of Explosives'' published by the 
Institute of Makers of Explosives;
    (c) Barricaded means to obstruct passage of persons, vehicles, or 
flying materials;
    (d) Berm means a pile or mound of material capable of restraining a 
vehicle;
    (e) Blasting agent means any material consisting of a mixture of a 
fuel and oxidizer which--
    (1) Is used or intended for use in blasting;
    (2) Is not classed as an explosive by the Department of 
Transportation;
    (3) Contains no ingredient classed as an explosive by the Department 
of Transportation; and,
    (4) Cannot be detonated by a No. 8 blasting cap when tested as 
recommended in Bureau of Mines Information Circular 8179.
    (f) Blasting area means the area near blasting operations in which 
concussion or flying material can reasonably be expected to cause 
injury.
    (g) Blasting cap means a detonator containing a charge of detonating 
compound, which is ignited by electric current, or the spark of a fuse. 
Used for detonating explosives.
    (h) Blasting circuit means electric circuits used to fire electric 
detonators or to ignite an igniter cord by means of an electric starter.
    (i) Blasting switch means a switch used to connect a power source to 
a blasting circuit.
    (j) Box-type magazine means a small, portable magazine used to store 
limited quantities of explosives or detonators for short periods of time 
in locations at the mine which are convenient to the blasting sites at 
which they will be used.
    (k) Capped fuse means a length of safety fuse to which a detonator 
has been attached.

[[Page 612]]

    (l) Capped primer means a package or cartridge of explosives which 
is specifically designed to transmit detonation to other explosives and 
which contains a detonator.
    (m) Certified or registered, as applied to any person means a person 
certified or registered by the State in which the coal mine is located 
to perform duties prescribed by this Part 77, except that, in a State 
where no program of certification or registration is provided or where 
the program does not meet at least minimum Federal standards established 
by the Secretary, such certification or registration shall be by the 
Secretary.
    (n) Detonating cord or detonating fuse means a flexible cord 
containing a core of high explosive.
    (o) Detonator means a device containing a small detonating charge 
that is used for detonating an explosive, including, but not limited to 
blasting caps, exploders, electric detonators, and delay electric 
blasting caps.
    (p) Electrical grounding means to connect with the ground to make 
the earth part of the circuit.
    (q) Explosive means any chemical compound, mixture, or device, the 
primary or common purpose of which is to function by explosion. 
Explosives include, but are not limited to black powder, dynamite, 
nitroglycerin, fulminate, ammonium nitrate when mixed with a 
hydrocarbon, and other blasting agents.
    (r) Flash point means the minimum temperature at which sufficient 
vapor is released by a liquid or solid to form a flammable vapor-air 
mixture at atmospheric pressure.
    (s) Low voltage means up to and including 660 volts, medium voltage 
means voltages from 661 to 1,000 volts, and high voltage means more than 
1,000 volts.
    (t) Misfire means the complete or partial failure of a blasting 
charge to explode as planned.
    (u) Primer or Booster means a package or cartridge of explosive 
which is designed specifically to transmit detonation to other 
explosives and which does not contain a detonator.
    (v) Qualified person means, as the context requires,
    (1) An individual deemed qualified by the Secretary and designated 
by the operator to make tests and examinations required by this Part 77; 
and,
    (2) An individual deemed, in accordance with the minimum 
requirements to be established by the Secretary, qualified by training, 
education, and experience, to perform electrical work, to maintain 
electrical equipment, and to conduct examinations and make tests of all 
electrical equipment.
    (w) Roll protection means a framework, safety canopy, or similar 
protection for the operator when equipment overturns.
    (x) Safety can means an approved container, of not over 5 gallons 
capacity, having a spring-closing lid and spout cover.
    (y) Safety fuse means a train of powder enclosed in cotton, jute 
yarn, and waterproofing compounds, which burns at a uniform rate; used 
for firing a cap containing the detonating compound which in turn sets 
off the explosive charge.
    (z) Safety switch means a sectionalizing switch that also provides 
shunt protection in blasting circuits between the blasting switch and 
the shot area.
    (aa) Secretary means the Secretary of Labor or his delegate.

[36 FR 9364, May 22, 1971, as amended at 43 FR 12320, Mar. 24, 1978]



                Subpart B_Qualified and Certified Persons



Sec. 77.100  Certified person.

    (a)(1) The provisions of this Part 77 require that certain 
examinations and tests be made by a certified person. A certified person 
within the meaning of these provisions is a person who has been 
certified in accordance with the provisions of paragraph (b) of this 
Sec. 77.100 to perform the duties, and make the examinations and tests 
which are required by this Part 77 to be performed by a certified 
person.
    (2) A person who has been so certified shall also be considered to 
be a qualified person within the meaning of those provisions of this 
Part 77 which require that certain examinations, tests and

[[Page 613]]

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

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



Sec. 77.101  Tests for methane and for oxygen deficiency; qualified 
person.

    (a) The provisions of Subparts C, P, R, and T of this Part 77 
require that tests for methane and for oxygen deficiency be made by a 
qualified person. A person is a qualified person for these purposes if 
he is a certified person for such purposes under Sec. 77.100.
    (b) Pending issuance of Federal standards, a person will be 
considered a qualified person for testing for methane and oxygen 
deficiency:
    (1) If he has been qualified for this purpose by the State in which 
the coal mine is located; or
    (2) If he has been qualified by the Secretary for these purposes 
upon a satisfactory showing by the operator of the coal mine that each 
such person has been trained and designated by the operator to test for 
methane and oxygen deficiency. Applications for Secretarial 
qualification should be submitted in writing to the Mine Safety and 
Health Administration, Certification and Qualification Center, P.O. Box 
25367, Denver Federal Center, Denver, Colo. 80225

[36 FR 9364, May 22, 1971, as amended at 43 FR 12320, Mar. 24, 1978]



Sec. 77.102  Tests for methane; oxygen deficiency; qualified person, 
additional requirement.

    Notwithstanding the provisions of Sec. 77.101, on and after 
December 30, 1971, no person shall be a qualified person for testing for 
methane and oxygen deficiency unless he has demonstrated to the 
satisfaction of an authorized representative of the Secretary that he is 
able and competent to make such tests and the Mine Safety and Health 
Administration has issued him a current card which qualifies him to make 
such tests.



Sec. 77.103  Electrical work; qualified person.

    (a) Except as provided in paragraph (f) of this section, an 
individual is a qualified person within the meaning of Subparts F, G, H, 
I, and J of this Part 77 to perform electrical work (other than work on 
energized surface high-voltage lines) if:
    (1) He has been qualified as a coal mine electrician by a State that 
has a coal mine electrical qualification program approved by the 
Secretary; or,
    (2) He has at least 1 year of experience in performing electrical 
work underground in a coal mine, in the surface work areas of an 
underground coal mine, in a surface coal mine, in a

[[Page 614]]

noncoal mine, in the mine equipment manufacturing industry, or in any 
other industry using or manufacturing similar equipment, and has 
satisfactorily completed a coal mine electrical training program 
approved by the Secretary; or,
    (3) He has at least 1 year of experience, prior to the date of the 
application required by paragraph (c) of this section, in performing 
electrical work underground in a coal mine, in the surface work areas of 
an underground coal mine, in a surface coal mine, in a noncoal mine, in 
the mine equipment manufacturing industry, or in any other industry 
using or manufacturing similar equipment, and he attains a satisfactory 
grade on each of the series of five written tests approved by the 
Secretary as prescribed in paragraph (b) of this section.
    (b) The series of five written tests approved by the Secretary shall 
include the following categories:
    (1) Direct current theory and application;
    (2) Alternating current theory and application;
    (3) Electric equipment and circuits;
    (4) Permissibility of electric equipment; and,
    (5) Requirements of Subparts F through J and S of this Part 77.
    (c) In order to take the series of five written tests approved by 
the Secretary, an individual shall apply to the District Manager and 
shall certify that he meets the requirements of paragraph (a)(3) of this 
section. The tests will be administered in the Coal Mine Safety and 
Health Districts at regular intervals, or as demand requires.
    (d) A score of at least 80 percent on each of the five written tests 
will be deemed to be a satisfactory grade. Recognition shall be given to 
practical experience in that 1 percentage point shall be added to an 
individual's score in each test for each additional year of experience 
beyond the 1 year requirement specified in paragraph (a)(3) of this 
section; however, in no case shall an individual be given more than 5 
percentage points for such practical experience.
    (e) An individual may, within 30 days from the date on which he 
received notification from the Administration of his test scores, repeat 
those on which he received an unsatisfactory score. If further retesting 
is necessary after his initial repetition, a minimum of 30 days from the 
date of receipt of notification of the initial retest scores shall 
elapse prior to such further retesting.
    (f) An individual who has, prior to November 1, 1972, been qualified 
to perform electrical work specified in Subparts F, G, H, I, and J of 
this Part 77 (other than work on energized surface high-voltage lines) 
shall continue to be qualified until June 30, 1973. To remain qualified 
after June 30, 1973, such individual shall meet the requirements of 
either paragraph (a) (1), (2), or (3) of this section.
    (g) An individual qualified in accordance with this section shall, 
in order to retain qualification, certify annually to the District 
Manager, that he has satisfactorily completed a coal mine electrical 
retraining program approved by the Secretary.

01(a), Federal Coal Mine Health and Safety Act of 1969; 30 U.S.C. 
811(a); 83 Stat. 745)

[37 FR 22377, Oct. 19, 1972; 37 FR 28163, Dec. 21, 1972, as amended at 
44 FR 9380, Feb. 13, 1979; 47 FR 23641, May 28, 1982]



Sec. 77.104  Repair of energized surface high-voltage lines; qualified 
person.

    An individual is a qualified person within the meaning of Sec. 
77.704 of this part for the purpose of repairing energized surface high-
voltage lines only if he has had at least 2 years experience in 
electrical maintenance, and at least 2 years experience in the repair of 
energized high-voltage lines located on poles or structures.

[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971]



Sec. 77.105  Qualified hoistman; slope or shaft sinking operation; 
qualifications.

    (a)(1) A person is a qualified hoistman within the provisions of 
Subpart T of this part, for the purpose of operating a hoist at a slope 
or shaft sinking operation if he has at least 1 year experience 
operating a hoist plant or maintaining hoist equipment and is qualified 
by any State as a hoistman or its equivalency, or
    (2) If a State has no program for qualifying persons as hoistmen, 
the

[[Page 615]]

Secretary may qualify persons if the operator of the slope or shaft-
sinking operation makes an application and a satisfactory showing that 
the person has had 1 year of experience operating hoists. A person's 
qualification is valid for as long as the person continues to satisfy 
the requirements for qualification and is employed at the same coal mine 
or by the same independent contractor.
    (b) Applications for Secretarial qualification should be submitted 
to the Mine Safety and Health Administration, Certification and 
Qualification Center, P.O. Box 25367, Denver Federal Center, Denver, 
Colo. 80225.

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



Sec. 77.106  Records of certified and qualified persons.

    The operator of each coal mine shall maintain a list of all 
certified and qualified persons designated to perform duties under this 
Part 77.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[36 FR 9364, May 22, 1971, as amended at 60 FR 33723, June 29, 1995]



Sec. 77.107  Training programs.

    Every operator of a coal mine shall provide a program, approved by 
the Secretary, of training and retraining both qualified and certified 
persons needed to carry out functions prescribed in the Act.



Sec. 77.107-1  Plans for training programs.

    Each operator must submit to the district manager, of the Coal Mine 
Safety and Health District in which the mine is located, a program or 
plan setting forth what, when, how, and where the operator will train 
and retrain persons whose work assignments require that they be 
certified or qualified. The program must provide--
    (a) For certified persons, annual training courses in the tasks and 
duties which they perform as certified persons, first aid, and the 
provisions of this part 77; and
    (b) For qualified persons, annual courses in performance of the 
tasks which they perform as qualified persons.

[63 FR 53761, Oct. 6, 1998]



                     Subpart C_Surface Installations



Sec. 77.200  Surface installations; general.

    All mine structures, enclosures, or other facilities (including 
custom coal preparation) shall be maintained in good repair to prevent 
accidents and injuries to employees.



Sec. 77.201  Methane content in surface installations.

    The methane content in the air of any structure, enclosure or other 
facility shall be less than 1.0 volume per centum.



Sec. 77.201-1  Tests for methane; qualified person; use of approved 
device.

    Tests for methane in structures, enclosures, or other facilities, in 
which coal is handled or stored shall be conducted by a qualified person 
with a device approved by the Secretary at least once during each 
operating shift, and immediately prior to any repair work in which 
welding or an open flame is used, or a spark may be produced.



Sec. 77.201-2  Methane accumulations; change in ventilation.

    If, at any time, the air in any structure, enclosure or other 
facility contains 1.0 volume per centum or more of methane changes or 
adjustments in the ventilation of such installation shall be made at 
once so that the air shall contain less than 1.0 volume per centum of 
methane.



Sec. 77.202  Dust accumulations in surface installations.

    Coal dust in the air of, or in, or on the surfaces of, structures, 
enclosures, or other facilities shall not be allowed to exist or 
accumulate in dangerous amounts.



Sec. 77.203  Use of material or equipment overhead; safeguards.

    Where overhead repairs are being made at surface installations and 
equipment or material is taken into such overhead work areas, adequate

[[Page 616]]

protection shall be provided for all persons working or passing below 
the overhead work areas in which such equipment or material is being 
used.



Sec. 77.204  Openings in surface installations; safeguards.

    Openings in surface installations through which men or material may 
fall shall be protected by railings, barriers, covers or other 
protective devices.



Sec. 77.205  Travelways at surface installations.

    (a) Safe means of access shall be provided and maintained to all 
working places.
    (b) Travelways and platforms or other means of access to areas where 
persons are required to travel or work, shall be kept clear of all 
extraneous material and other stumbling or slipping hazards.
    (c) Inclined travelways shall be constructed of nonskid material or 
equipped with cleats.
    (d) Regularly used travelways shall be sanded, salted, or cleared of 
snow and ice as soon as practicable.
    (e) Crossovers, elevated walkways, elevated ramps, and stairways 
shall be of substantial construction, provided with handrails, and 
maintained in good condition. Where necessary toeboards shall be 
provided.
    (f) Crossovers shall be provided where it is necessary to cross 
conveyors.
    (g) Moving conveyors shall be crossed only at designated crossover 
points.



Sec. 77.206  Ladders; construction; installation and maintenance.

    (a) Ladders shall be of substantial construction and maintained in 
good condition.
    (b) Wooden members of ladders shall not be painted.
    (c) Steep or vertical ladders which are used regularly at fixed 
locations shall be anchored securely and provided with backguards 
extending from a point not more than 7 feet from the bottom of the 
ladder to the top of the ladder.
    (d) Fixed ladders shall not incline backwards at any point unless 
provided with backguards.
    (e) Fixed ladders shall be anchored securely and installed to 
provide at least 3 inches of toe clearance.
    (f) Fixed ladders shall project at least 3 feet above landings, or 
substantial handholds shall be provided above the landings.



Sec. 77.207  Illumination.

    Illumination sufficient to provide safe working conditions shall be 
provided in and on all surface structures, paths, walkways, stairways, 
switch panels, loading and dumping sites, and working areas.



Sec. 77.208  Storage of materials.

    (a) Materials shall be stored and stacked in a manner which 
minimizes stumbling or fall-of-material hazards.
    (b) Materials that can create hazards if accidentally liberated from 
their containers shall be stored in a manner that minimizes the dangers.
    (c) Containers holding hazardous materials must be of a type 
approved for such use by recognized agencies.
    (d) Compressed and liquid gas cylinders shall be secured in a safe 
manner.
    (e) Valves on compressed gas cylinders shall be protected by covers 
when being transported or stored, and by a safe location when the 
cylinders are in use.

[36 FR 9364, May 22, 1971, as amended at 67 FR 42389, June 21, 2002]



Sec. 77.209  Surge and storage piles.

    No person shall be permitted to walk or stand immediately above a 
reclaiming area or in any other area at or near a surge or storage pile 
where the reclaiming operation may expose him to a hazard.



Sec. 77.210  Hoisting of materials.

    (a) Hitches and slings used to hoist materials shall be suitable for 
handling the type of materials being hoisted.
    (b) Men shall stay clear of hoisted loads.
    (c) Taglines shall be attached to hoisted materials that require 
steadying or guidance.

[[Page 617]]



Sec. 77.211  Draw-off tunnels; stockpiling and reclaiming operations; 
general.

    (a) Tunnels located below stockpiles, surge piles, and coal storage 
silos shall be ventilated so as to maintain concentrations of methane 
below 1.0 volume per centum.
    (b) In addition to the tests for methane required by Sec. 77.201 
such tests shall also be made before any electric equipment is energized 
or repaired, unless equipped with a continuous methane monitoring device 
installed and operated in accordance with the provisions of Sec. 
77.211-1. Electric equipment shall not be energized, operated, or 
repaired until the air contains less than 1.0 volume per centum of 
methane.



Sec. 77.211-1  Continuous methane monitoring device; installation and 
operation; automatic deenergization of electric equipment.

    Continuous methane monitoring devices shall be set to deenergize 
automatically electric equipment when such monitor is not operating 
properly and to give a warning automatically when the concentration of 
methane reaches a maximum percentage determined by an authorized 
representative of the Secretary which shall not be more than 1.0 volume 
per centum of methane. An authorized representative of the Secretary 
shall require such monitor to deenergize automatically electric 
equipment when the concentration of methane reaches a maximum percentage 
determined by such representative which shall not be more than 2.0 
volume per centum of methane.



Sec. 77.212  Draw-off tunnel ventilation fans; installation.

    When fans are used to ventilate draw-off tunnels the fans shall be:
    (a) Installed on the surface;
    (b) Installed in fireproof housings and connected to the tunnel 
openings with fireproof air ducts; and,
    (c) Offset from the tunnel opening.



Sec. 77.213  Draw-off tunnel escapeways.

    When it is necessary for a tunnel to be closed at one end, an 
escapeway not less than 30 inches in diameter (or of the equivalent, if 
the escapeway does not have a circular cross section) shall be installed 
which extends from the closed end of the tunnel to a safe location on 
the surface; and, if the escapeway is inclined more than 30 degrees from 
the horizontal it shall be equipped with a ladder which runs the full 
length of the inclined portion of the escapeway.



Sec. 77.214  Refuse piles; general.

    (a) Refuse piles constructed on or after July 1, 1971, shall be 
located in areas which are a safe distance from all underground mine 
airshafts, preparation plants, tipples, or other surface installations 
and such piles shall not be located over abandoned openings or 
steamlines.
    (b) Where new refuse piles are constructed over exposed coal beds 
the exposed coal shall be covered with clay or other inert material as 
the piles are constructed.
    (c) A fireproof barrier of clay or inert material shall be 
constructed between old and new refuse piles.
    (d) Roadways to refuse piles shall be fenced or otherwise guarded to 
restrict the entrance of unauthorized persons.

[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971]



Sec. 77.215  Refuse piles; construction requirements.

    (a) Refuse deposited on a pile shall be spread in layers and 
compacted in such a manner so as to minimize the flow of air through the 
pile.
    (b) Refuse shall not be deposited on a burning pile except for the 
purpose of controlling or extinguishing a fire.
    (c) Clay or other sealants shall be used to seal the surface of any 
refuse pile in which a spontaneous ignition has occurred.
    (d) Surface seals shall be kept intact and protected from erosion by 
drainage facilities.
    (e) Refuse piles shall not be constructed so as to impede drainage 
or impound water.
    (f) Refuse piles shall be constructed in such a manner as to prevent 
accidental sliding and shifting of materials.
    (g) No extraneous combustible material shall be deposited on refuse 
piles.
    (h) After October 31, 1975 new refuse piles and additions to 
existing refuse

[[Page 618]]

piles, shall be constructed in compacted layers not exceeding 2 feet in 
thickness and shall not have any slope exceeding 2 horizontal to 1 
vertical (approximately 27[deg]) except that the District Manager may 
approve construction of a refuse pile in compacted layers exceeding 2 
feet in thickness and with slopes exceeding 27[deg] where engineering 
data substantiates that a minimum safety factor of 1.5 for the refuse 
pile will be attained.
    (i) Foundations for new refuse piles and additions to existing 
refuse piles shall be cleared of all vegetation and undesirable material 
that according to current, prudent engineering practices would adversely 
affect the stability of the refuse pile.
    (j) All fires in refuse piles shall be extinguished, and the method 
used shall be in accordance with a plan approved by the District 
Manager. The plan shall contain as a minimum, provisions to ensure that 
only those persons authorized by the operator, and who have an 
understanding of the procedure to be used, shall be involved in the 
extinguishing operation.

(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957), 
Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[36 FR 9364, May 22, 1971, as amended at 40 FR 41776, Sept. 9, 1975; 60 
FR 33723, June 29, 1995]



Sec. 77.215-1  Refuse piles; identification.

    A permanent identification marker, at least six feet high and 
showing the refuse pile identification number as assigned by the 
District Manager, the name associated with the refuse pile and the name 
of the person owning, operating or controlling the refuse pile, shall be 
located on or immediately adjacent to each refuse pile within the time 
specified in paragraphs (a) or (b) of this section as applicable.
    (a) For existing refuse piles, markers shall be placed before May 1, 
1976.
    (b) For new or proposed refuse piles, markers shall be placed within 
30 days from acknowledgment of the proposed location of a new refuse 
pile.

(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957))

[40 FR 41776, Sept. 9, 1975]



Sec. 77.215-2  Refuse piles; reporting requirements.

    (a) The proposed location of a new refuse pile shall be reported to 
and acknowledged in writing by the District Manager prior to the 
beginning of any work associated with the construction of the refuse 
pile.
    (b) Before May 1, 1976, for existing refuse piles, or within 180 
days from the date of acknowledgment of the proposed location of a new 
refuse pile, the person owning, operating or controlling a refuse pile 
shall submit to the District Manager a report in triplicate which 
contains the following:
    (1) The name and address of the person owning, operating or 
controlling the refuse pile; the name associated with the refuse pile; 
the identification number of the refuse pile as assigned by the District 
Manager; and the identification number of the mine or preparation plant 
as assigned by MSHA.
    (2) The location of the refuse pile indicated on the most recent 
USGS 7\1/2\ minute or 15 minute topographic quadrangle map, or a 
topographic map of equivalent scale if a USGS map is not available.
    (3) A statement of the construction history of the refuse pile, and 
a statement indicating whether the refuse pile has been abandoned in 
accordance with a plan approved by the District Manager.
    (4) A topographic map showing at a scale not to exceed 1 inch=400 
feet, the present and proposed maximum extent of the refuse pile and the 
area 500 feet around the proposed maximum perimeter.
    (5) A statement of whether or not the refuse pile is burning.
    (6) A description of measures taken to prevent water from being 
impounded by the refuse pile or contained within the refuse pile.
    (7) At a scale not to exceed 1 inch=100 feet, cross sections of the 
length and width of the refuse pile at sufficient intervals to show the 
approximate original ground surface, the present configuration and the 
proposed maximum extent of the refuse pile, and mean sea level 
elevations at significant points.
    (8) Any other information pertaining to the stability of the pile 
which may be required by the District Manager.

[[Page 619]]

    (c) The information required by paragraphs (b)(4) through (b)(8) of 
this section shall be reported every twelfth month from the date of 
original submission for those refuse piles which the District Manager 
has determined can present a hazard until the District Manager notifies 
the operator that the hazard has been eliminated.

(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957), 
Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[40 FR 41776, Sept. 9, 1975, as amended at 57 FR 7471, Mar. 2, 1992; 60 
FR 33723, June 29, 1995]



Sec. 77.215-3  Refuse piles: certification.

    (a) Within 180 days following written notification by the District 
Manager that a refuse pile can present a hazard, the person owning, 
operating, or controlling the refuse pile shall submit to the District 
Manager a certification by a registered engineer that the refuse pile is 
being constructed or has been modified in accordance with current, 
prudent engineering practices to minimize the probability of impounding 
water and failure of such magnitude as to endanger the lives of miners.
    (b) After the initial certification required by this section and 
until the District Manager notifies the operator that the hazard has 
been eliminated, certification shall be submitted every twelfth month 
from the date of the initial certification.
    (c) Certifications required by paragraphs (a) and (b) of this 
section shall include all information considered in making the 
certification.

(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957))

[40 FR 41776, Sept. 9, 1975, as amended at 57 FR 7471, Mar. 2, 1992]



Sec. 77.215-4  Refuse piles; abandonment.

    When a refuse pile is to be abandoned, the District Manager shall be 
notified in writing, and if he determines it can present a hazard, the 
refuse pile shall be abandoned in accordance with a plan submitted by 
the operator and approved by the District Manager. The plan shall 
include a schedule for its implementation and describe provisions to 
prevent burning and future impoundment of water, and provide for major 
slope stability.

(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957), 
Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[40 FR 41776, Sept. 9, 1975, as amended at 60 FR 33723, June 29, 1995]



Sec. 77.216  Water, sediment, or slurry impoundments and impounding 
structures; general.

    (a) Plans for the design, construction, and maintenance of 
structures which impound water, sediment, or slurry shall be required if 
such an existing or proposed impounding structure can:
    (1) Impound water, sediment, or slurry to an elevation of five feet 
or more above the upstream toe of the structure and can have a storage 
volume of 20 acre-feet or more; or
    (2) Impound water, sediment, or slurry to an elevation of 20 feet or 
more above the upstream toe of the structure; or
    (3) As determined by the District Manager, present a hazard to coal 
miners.
    (b) Plans for the design and construction of all new water, 
sediment, or slurry impoundments and impounding structures which meet 
the requirements of paragraph (a) of this section shall be submitted in 
triplicate to and be approved by the District Manager prior to the 
beginning of any work associated with construction of the impounding 
structure.
    (c) Before May 1, 1976, a plan for the continued use of an existing 
water, sediment, or slurry impoundment and impounding structure which 
meets the requirements of paragraph (a) of this section shall be 
submitted in triplicate to the District Manager for approval.
    (d) The design, construction, and maintenance of all water, 
sediment, or slurry impoundments and impounding structures which meet 
the requirements of paragraph (a) of this section shall be implemented 
in accordance with the plan approved by the District Manager.
    (e) All fires in impounding structures shall be extinguished, and 
the method used shall be in accordance with a plan approved by the 
District Manager. The

[[Page 620]]

plan shall contain as a minimum, provisions to ensure that only those 
persons authorized by the operator, and who have an understanding of the 
procedures to be used, shall be involved in the extinguishing operation.

(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957))

[40 FR 41776, Sept. 9, 1975]



Sec. 77.216-1  Water, sediment or slurry impoundments and impounding 
structures; identification.

    A permanent identification marker, at least six feet high and 
showing the identification number of the impounding structure as 
assigned by the District Manager, the name associated with the 
impounding structure and name of the person owning, operating, or 
controlling the structure, shall be located on or immediately adjacent 
to each water, sediment or slurry impounding structure within the time 
specified in paragraph (a) or (b) of this section as applicable.
    (a) For existing water, sediment or slurry impounding structures, 
markers shall be placed before May 1, 1976.
    (b) For new or proposed water, sediment, or slurry impounding 
structures, markers shall be placed within 30 days from the start of 
construction.

(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957))

[40 FR 41777, Sept. 9, 1975]



Sec. 77.216-2  Water, sediment, or slurry impoundments and impounding 

structures; minimum plan requirements; changes or modifications; 
certification.

    (a) The plan specified in Sec. 77.216, shall contain as a minimum 
the following information:
    (1) The name and address of the persons owning, operating or 
controlling the impoundment or impounding structure; the name associated 
with the impoundment or impounding structure; the identification number 
of the impounding structure as assigned by the District Manager; and the 
identification number of the mine or preparation plant as assigned by 
MSHA.
    (2) The location of the structure indicated on the most recent USGS 
7\1/2\ minute or 15 minute topographic quadrangle map, or a topographic 
map of equivalent scale if a USGS map is not available.
    (3) A statement of the purpose for which the structure is or will be 
used.
    (4) The name and size in acres of the watershed affecting the 
impoundment.
    (5) A description of the physical and engineering properties of the 
foundation materials on which the structure is or will be constructed.
    (6) A statement of the type, size, range, and physical and 
engineering properties of the materials used, or to be used, in 
constructing each zone or stage of the impounding structure; the method 
of site preparation and construction of each zone; the approximate dates 
of construction of the structure and each successive stage; and for 
existing structures, such history of construction as may be available, 
and any record or knowledge of structural instability.
    (7) At a scale not to exceed 1 inch=100 feet, detailed dimensional 
drawings of the impounding structure including a plan view and cross 
sections of the length and width of the impounding structure, showing 
all zones, foundation improvements, drainage provisions, spillways, 
diversion ditches, outlets, instrument locations, and slope protection, 
in addition to the measurement of the minimum vertical distance between 
the crest of the impounding structure and the reservoir surface at 
present and under design storm conditions, sediment or slurry level, 
water level and other information pertinent to the impoundment itself, 
including any identifiable natural or manmade features which could 
affect operation of the impoundment.
    (8) A description of the type and purpose of existing or proposed 
instrumentation.
    (9) Graphs showing area-capacity curves.
    (10) A statement of the runoff attributable to the probable maximum 
precipitation of 6-hour duration and the calculations used in 
determining such runoff.
    (11) A statement of the runoff attributable to the storm for which 
the structure is designed and the calculations used in determining such 
runoff.

[[Page 621]]

    (12) A description of the spillway and diversion design features and 
capacities and calculations used in their determination.
    (13) The computed minimum factor of safety range for the slope 
stability of the impounding structure including methods and calculations 
used to determine each factor of safety.
    (14) The locations of surface and underground coal mine workings 
including the depth and extent of such workings within the area 500 feet 
around the perimeter, shown at a scale not to exceed one inch=500 feet.
    (15) Provisions for construction surveillance, maintenance, and 
repair of the impounding structure.
    (16) General provisions for abandonment.
    (17) A certification by a registered engineer that the design of the 
impounding structure is in accordance with current, prudent engineering 
practices for the maximum volume of water, sediment, or slurry which can 
be impounded therein and for the passage of runoff from the designed 
storm which exceeds the capacity of the impoundment; or, in lieu of the 
certification, a report indicating what additional investigations, 
analyses, or improvement work are necessary before such a certification 
can be made, including what provisions have been made to carry out such 
work in addition to a schedule for completion of such work.
    (18) Such other information pertaining to the stability of the 
impoundment and impounding structure which may be required by the 
District Manager.
    (b) Any changes or modifications to plans for water, sediment, or 
slurry impoundments or impounding structures shall be approved by the 
District Manager prior to the initiation of such changes or 
modifications.

(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957))

[40 FR 41777, Sept. 9, 1975]



Sec. 77.216-3  Water, sediment, or slurry impoundments and impounding 

structures; inspection requirements; correction of hazards; program 
requirements.

    (a) All water, sediment, or slurry impoundments that meet the 
requirements of Sec. 77.216(a) shall be examined as follows:
    (1) At intervals not exceeding 7 days, or as otherwise approved by 
the District Manager, for appearances of structural weakness and other 
hazardous conditions.
    (2) All instruments shall be monitored at intervals not exceeding 7 
days, or as otherwise approved by the District Manager.
    (3) Longer inspection or monitoring intervals approved under this 
paragraph (a) shall be justified by the operator based on the hazard 
potential and performance of the impounding structure, and shall include 
a requirement for inspection immediately after a specified rain event 
approved by the District Manager.
    (4) All inspections required by this paragraph (a) shall be 
performed by a qualified person designated by the person owning, 
operating, or controlling the impounding structure.
    (b) When a potentially hazardous condition develops, the person 
owning, operating or controlling the impounding structure shall 
immediately:
    (1) Take action to eliminate the potentially hazardous condition;
    (2) Notify the District Manager;
    (3) Notify and prepare to evacuate, if necessary, all coal miners 
from coal mine property which may be affected by the potentially 
hazardous conditions; and
    (4) Direct a qualified person to monitor all instruments and examine 
the structure at least once every eight hours, or more often as required 
by an authorized representative of the Secretary.
    (c) After each examination and instrumentation monitoring referred 
to in paragraphs (a) and (b) of this section, each qualified person who 
conducted all or any part of the examination or instrumentation 
monitoring

[[Page 622]]

shall promptly record the results of such examination or instrumentation 
monitoring in a book which shall be available at the mine for inspection 
by an authorized representative of the Secretary, and such qualified 
person shall also promptly report the results of the examination or 
monitoring to one of the persons specified in paragraph (d) of this 
section.
    (d) All examination and instrumentation monitoring reports recorded 
in accordance with paragraph (c) of this section shall include a report 
of the action taken to abate hazardous conditions and shall be promptly 
signed or countersigned by at least one of the following persons:
    (1) The mine foreman;
    (2) The assistant superintendent of the mine;
    (3) The superintendent of the mine;
    (4) The person designated by the operator as responsible for health 
and safety at the mine.
    (e) Before May 1, 1976, the person owning, operating, or controlling 
a water, sediment, or slurry impoundment which meets the requirements of 
Sec. 77.216(a) shall adopt a program for carrying out the requirements 
of paragraphs (a) and (b) of this section. The program shall be 
submitted for approval to the District Manager. The program shall 
include as a minimum:
    (1) A schedule and procedures for examining the impoundment and 
impounding structure by a designated qualified person;
    (2) A schedule and procedures for monitoring any required or 
approved instrumentation by a designated qualified person;
    (3) Procedures for evaluating hazardous conditions;
    (4) Procedures for eliminating hazardous conditions;
    (5) Procedures for notifying the District Manager;
    (6) Procedures for evacuating coal miners from coal mine property 
which may be affected by the hazardous condition.
    (f) Before making any changes or modifications in the program 
approved in accordance with paragraph (e) of this section, the person 
owning, operating, or controlling the impoundment shall obtain approval 
of such changes or modifications from the District Manager.
    (g) The qualified person or persons referred to in paragraphs (a), 
(b)(4), (c), (e)(1), and (e)(2) of this section shall be trained to 
recognize specific signs of structural instability and other hazardous 
conditions by visual observation and, if applicable, to monitor 
instrumentation.

(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957))

[40 FR 41777, Sept. 9, 1975, as amended at 57 FR 7471, Mar. 2, 1992]



Sec. 77.216-4  Water, sediment or slurry impoundments and impounding 
structures; reporting requirements; certification.

    (a) Except as provided in paragraph (b) of this section, every 
twelfth month following the date of the initial plan approval, the 
person owning, operating, or controlling a water, sediment, or slurry 
impoundment and impounding structure that has not been abandoned in 
accordance with an approved plan shall submit to the District Manager a 
report containing the following information:
    (1) Changes in the geometry of the impounding structure for the 
reporting period.
    (2) Location and type of installed instruments and the maximum and 
minimum recorded readings of each instrument for the reporting period.
    (3) The minimum, maximum, and present depth and elevation of the 
impounded water, sediment, or slurry for the reporting period.
    (4) Storage capacity of the impounding structure.
    (5) The volume of the impounded water, sediment, or slurry at the 
end of the reporting period.
    (6) Any other change which may have affected the stability or 
operation of the impounding structure that has occurred during the 
reporting period.
    (7) A certification by a registered professional engineer that all 
construction, operation, and maintenance was in accordance with the 
approved plan.
    (b) A report is not required under this section when the operator 
provides the District Manager with a certification by a registered 
professional engineer that there have been no changes

[[Page 623]]

under paragraphs (a)(1) through (a)(6) of this section to the 
impoundment or impounding structure. However, a report containing the 
information set out in paragraph (a) of this section shall be submitted 
to the District Manager at least every 5 years.

[57 FR 7471, Mar. 2, 1992]



Sec. 77.216-5  Water, sediment or slurry impoundments and impounding 
structures; abandonment.

    (a) Prior to abandonment of any water, sediment, or slurry 
impoundment and impounding structure which meets the requirements of 30 
CFR 77.216(a), the person owning, operating, or controlling such an 
impoundment and impounding structure shall submit to and obtain approval 
from the District Manager, a plan for abandonment based on current, 
prudent engineering practices. This plan shall provide for major slope 
stability, include a schedule for the plan's implementation and, except 
as provided in paragraph (b) of this section, contain provisions to 
preclude the probability of future impoundment of water, sediment, or 
slurry.
    (b) An abandonment plan does not have to contain a provision to 
preclude the future impoundment of water if the plan is approved by the 
District Manager and documentation is included in the abandonment plan 
to ensure that the following requirements are met:
    (1) A registered professional engineer, knowledgeable in the 
principles of dam design and in the design and construction of the 
structure, shall certify that it substantially conforms to the approved 
design plan and specifications and that there are no apparent defects.
    (2) The current owner or prospective owner shall certify a 
willingness and ability to assume responsibility for operation and 
maintenance of the structure.
    (3) A permit or approval for the continued existence of the 
impoundment or impounding structure shall be obtained from the Federal 
or State agency responsible for dam safety.

[57 FR 7472, Mar. 2, 1992]



Sec. 77.217  Definitions.

    For the purpose of Sec. Sec. 77.214 through 77.216-5, the term:
    (a) Abandoned as applied to any refuse pile or impoundment and 
impounding structure means that work on such pile or structure has been 
completed in accordance with a plan for abandonment approved by the 
District Manager.
    (b) Area-capacity curves means graphic curves which readily show the 
reservoir water surface area, in acres, at different elevations from the 
bottom of the reservoir to the maximum water surface, and the capacity 
or volume, in acre-feet, of the water contained in the reservoir at 
various elevations.
    (c) Impounding structure means a structure which is used to impound 
water, sediment, or slurry, or any combination of such materials.
    (d) Probable maximum precipitation means the value for a particular 
area which represents an envelopment of depth-duration-area rainfall 
relations for all storm types affecting that area adjusted 
meteorologically to maximum conditions.
    (e) Refuse pile means a deposit of coal mine waste which may contain 
a mixture of coal, shale, claystone, siltstone, sandstone, limestone, 
and related materials that are excavated during mining operations or 
separated from mined coal and disposed of on the surface as waste 
byproducts of either coal mining or preparation operations. Refuse pile 
does not mean temporary spoil piles of removed overburden material 
associated with surface mining operations.
    (f) Safety factor means the ratio of the forces tending to resist 
the failure of a structure to the forces tending to cause such failure 
as determined by accepted engineering practice.

(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957))

[40 FR 41778, Sept. 9, 1975]



                        Subpart D_Thermal Dryers



Sec. 77.300  Thermal dryers; general.

    On and after July 1, 1971 dryer systems used for drying coal at high 
temperatures, hereinafter referred to as thermal dryers, including 
rotary dryers, continuous carrier dyes, vertical

[[Page 624]]

tray, and cascade dryers, multilouver dryers, suspension or flash 
dryers, and fluidized bed dryers, shall be maintained and operated in 
accordance with the provision of Sec. 77.301 to Sec. 77.306.

[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971]



Sec. 77.301  Dryer heating units; operation.

    (a) Dryer heating units shall be operated to provide reasonably 
complete combustion before heated gases are allowed to enter hot gas 
inlets.
    (b) Dryer heating units which are fired by pulverized coal, shall be 
operated and maintained in accordance with the recommended standards set 
forth in the National Fire Protection Association Handbook, 12th 
Edition, Section 9, ``Installation of Pulverized Fuel Systems,'' 1962.



Sec. 77.302  Bypass stacks.

    Thermal dryer systems shall include a bypass stack, relief stack or 
individual discharge stack provided with automatic venting which will 
permit gases from the dryer heating unit to bypass the heating chamber 
and vent to the outside atmosphere during any shutdown operation.



Sec. 77.303  Hot gas inlet chamber dropout doors.

    Thermal dryer systems which employ a hot gas inlet chamber shall be 
equipped with drop-out doors at the bottom of the inlet chamber or with 
other effective means which permit coal, fly-ash, or other heated 
material to fall from the chamber.



Sec. 77.304  Explosion release vents.

    Drying chambers, dry-dust collectors, ductwork connecting dryers to 
dust collectors, and ductwork between dust collectors and discharge 
stacks shall be protected with explosion release vents which open 
directly to the outside atmosphere, and all such vents shall be:
    (a) Hinged to prevent dislodgment;
    (b) Designed and constructed to permit checking and testing by 
manual operation; and
    (c) Equal in size to the cross-sectional area of the collector 
vortex finder when used to vent dry dust collectors.



Sec. 77.305  Access to drying chambers, hot gas inlet chambers and 
ductwork; installation and maintenance.

    Drying chambers, hot gas inlet chambers and all ductwork in which 
coal dust may accumulate shall be equipped with tight sealing access 
doors which shall remain latched during dryer operation to prevent the 
emission of coal dust and the loss of fluidizing air.



Sec. 77.306  Fire protection.

    Based on the need for fire protection measures in connection with 
the particular design of the thermal dryer, an authorized representative 
of the Secretary may require any of the following measures to be 
employed:
    (a) Water sprays automatically actuated by rises in temperature to 
prevent fire, installed inside the thermal dryer systems, and such 
sprays shall be designed to provide for manual operation in the event of 
power failure.
    (b) Fog nozzles, or other no less effective means, installed inside 
the thermal dryer systems to provide additional moisture or an 
artificial drying load within the drying system when the system is being 
started or shutdown.
    (c) The water system of each thermal dryer shall be interconnected 
to a supply of compressed air which permits constant or frequent purging 
of all water sprays and fog nozzles or other no less effective means of 
purging shall be provided.



Sec. 77.307  Thermal dryers; location and installation; general.

    (a) Thermal dryer systems erected or installed at any coal mine 
after June 30, 1971 shall be located at least 100 feet from any 
underground coal mine opening, and 100 feet from any surface 
installation where the heat, sparks, flames, or coal dust from the 
system might cause a fire or explosion.
    (b) Thermal dryer systems erected or installed after June 30, 1971 
may be covered by roofs, however, such systems shall not be otherwise 
enclosed unless necessary to protect the health and safety of persons 
employed at the

[[Page 625]]

mine. Where such systems are enclosed, they shall be located in separate 
fireproof structures of heavy construction with explosion pressure 
release devices (such as hinged wall panels, window sashes, or louvers); 
which provide at least 1 square foot of area for each 80 cubic feet of 
space volume and which are distributed as uniformly as possible 
throughout the structure.



Sec. 77.308  Structures housing other facilities; use of partitions.

    Thermal dryer systems installed after June 30, 1971 in any structure 
which also houses a tipple, cleaning plant, or other operating facility 
shall be separated from all other working areas of such structure by a 
substantial partition capable of providing greater resistance to 
explosion pressures than the exterior wall or walls of the structure. 
The partition shall also include substantial, self-closing fire doors at 
all entrances to the areas adjoining the dryer system.



Sec. 77.309  Visual check of system equipment.

    Frequent visual checks shall be made by the operator of the thermal 
dryer system control station, or by some other competent person, of the 
bypass dampers, air-tempering louvers, discharge mechanism, and other 
dryer system equipment.



Sec. 77.309-1  Control stations; location.

    Thermal dryer system control stations constructed after June 30, 
1971, shall be installed at a location which will give to the operator 
of the control station the widest field of visibility of the system and 
equipment.



Sec. 77.310  Control panels.

    (a) All thermal dryer system control panels constructed after June 
30, 1971 shall be located in an area which is relatively free of 
moisture and dust and shall be installed in such a manner as to minimize 
vibration.
    (b) A schematic diagram containing legends which show the location 
of each thermocouple, pressure tap, or other control or gaging 
instrument in the drying system shall be posted on or near the control 
panel of each thermal drying system.
    (c) Each instrument on the control panel shall be identified by a 
nameplate or equivalent marking.
    (d) A plan to control the operation of each thermal dryer system 
shall be posted at or near the control panel showing a sequence of 
startup, normal shutdown, and emergency shutdown procedures.



Sec. 77.311  Alarm devices.

    Thermal dryer systems shall be equipped with both audible and visual 
alarm devices which are set to operate when safe dryer temperatures are 
exceeded.



Sec. 77.312  Fail safe monitoring systems.

    Thermal dryer systems and controls shall be protected by a fail safe 
monitoring system which will safely shut down the system and any related 
equipment upon failure of any component in the dryer system.



Sec. 77.313  Wet-coal feedbins; low-level indicators.

    Wet-coal bins feeding thermal drying systems shall be equipped with 
both audible and visual low-coal-level indicators.



Sec. 77.314  Automatic temperature control instruments.

    (a) Automatic temperature control instruments for thermal dryer 
system shall be of the recording type.
    (b) Automatic temperature control instruments shall be locked or 
sealed to prevent tampering or unauthorized adjustment. These 
instruments shall not be set above the maximum allowable operating 
temperature.
    (c) All dryer control instruments shall be inspected and calibrated 
at least once every 3 months and a record or certificate of accuracy, 
signed by a trained employee or by a servicing agent, shall be kept at 
the plant.



Sec. 77.315  Thermal dryers; examination and inspection.

    Thermal dryer systems shall be examined for fires and coal-dust 
accumulations if the dryers are not restarted promptly after a shutdown.

[[Page 626]]



              Subpart E_Safeguards for Mechanical Equipment



Sec. 77.400  Mechanical equipment guards.

    (a) Gears; sprockets; chains; drive, head, tail, and takeup pulleys; 
flywheels; couplings; shafts; sawblades; fan inlets; and similar exposed 
moving machine parts which may be contacted by persons, and which may 
cause injury to persons shall be guarded.
    (b) Overhead belts shall be guarded if the whipping action from a 
broken line would be hazardous to persons below.
    (c) Guards at conveyor-drive, conveyor-head, and conveyor-tail 
pulleys shall extend a distance sufficient to prevent a person from 
reaching behind the guard and becoming caught between the belt and the 
pulley.
    (d) Except when testing the machinery, guards shall be securely in 
place while machinery is being operated.



Sec. 77.401  Stationary grinding machines; protective devices.

    (a) Stationary grinding machines other than special bit grinders 
shall be equipped with:
    (1) Peripheral hoods (less than 90[deg] throat openings) capable of 
withstanding the force of a bursting wheel.
    (2) Adjustable tool rests set as close as practical to the wheel.
    (3) Safety washers.
    (b) Grinding wheels shall be operated within the specifications of 
the manufacturer of the wheel.
    (c) Face shields or goggles, in good condition, shall be worn when 
operating a grinding wheel.



Sec. 77.402  Hand-held power tools; safety devices.

    Hand-held power tools shall be equipped with controls requiring 
constant hand or finger pressure to operate the tools or shall be 
equipped with friction or other equivalent safety devices.



Sec. 77.403  Mobile equipment; falling object protective structures 
(FOPS).

    (a) When necessary to protect the operator of the equipment, all 
rubber-tired or crawler-mounted self-propelled scrapers, front-end 
loaders, dozers, graders, loaders, and tractors, with or without 
attachments, that are used in surface coal mines or the surface work 
areas of underground coal mines shall be provided with substantial 
falling object protective structures (FOPS). FOPS which meet the 
requirements of the Society of Automotive Engineers (SAE) Standard J 231 
shall be considered to be a ``substantial'' FOPS. An authorized 
representative of the Secretary may approve a FOPS which provides 
protection equivalent to SAE J 231.
    (b) When necessary to protect the operator of the equipment, 
forklift or powered industrial trucks shall be provided with substantial 
FOPS. Such FOPS shall meet the requirements of the State of California, 
Division of Industrial Safety, General Safety Orders, Register 72, 
Number 6, February 8, 1972, Article 25, Section 3655--``Overhead Guards 
for High-Lift Rider Trucks.''

(Sec. 101(a), Federal Coal Mine Health and Safety Act of 1969, as 
amended (83 Stat. 745; 30 U.S.C. 811(a))

[39 FR 24007, June 28, 1974]



Sec. 77.403a  Mobile equipment; rollover protective structures (ROPS).

    (a) All rubber-tired or crawler-mounted self-propelled scrapers, 
front-end loaders, dozers, graders, loaders, and tractors, with or 
without attachments, that are used in surface coal mines or the surface 
work areas of underground coal mines shall be provided with rollover 
protective structures (hereinafter referred to as ROPS) in accordance 
with the requirements of paragraphs (b) through (f) of this section, as 
applicable.
    (b) Mobile equipment manufactured on and after September 1, 1974. 
All mobile equipment described in paragraph (a) of this section 
manufactured on and after September 1, 1974 shall be equipped with ROPS 
meeting the requirements of the Department of Labor specified in 
Sec. Sec. 1926.1001 and 1926.1002 of Part 1926, Title 29, Code of 
Federal Regulations--Safety and Health Regulations for Construction.
    (c) Mobile equipment manufactured prior to September 1, 1974. All 
mobile equipment described in paragraph (a) of this section manufactured 
prior to September 1, 1974 shall be equipped with ROPS meeting the 
requirements of paragraphs (d) through (f) of this

[[Page 627]]

section, as appropriate, no later than the dates specified in paragraphs 
(1), (2), and (3) of this paragraph (c), unless an earlier date is 
required by an authorized representative of the Secretary under 
paragraph (c)(4) of this section:
    (1) Mobile equipment manufactured between July 1, 1971, and 
September 1, 1974, shall be equipped with ROPS no later than March 1, 
1975.
    (2) Mobile equipment manufactured between July 1, 1970, and June 30, 
1971, shall be equipped with ROPS no later than July 1, 1975.
    (3) Mobile equipment manufactured between July 1, 1969, and June 30, 
1970, shall be equipped with ROPS no later than January 1, 1976.
    (4) Irrespective of the time periods specified in paragraph (c) (1) 
through (3) of this section an authorized representative of the 
Secretary may require such mobile equipment to be equipped with ROPS at 
an earlier date when necessary to protect the operator of the equipment 
under the conditions in which the mobile equipment is, or will be 
operated. The authorized representative of the Secretary shall in 
writing advise the operator that the equipment shall be equipped with a 
ROPS and shall fix a time within which the operator shall provide and 
install the ROPS. If such ROPS is not provided and installed within the 
time fixed a notice shall be issued to the operator pursuant to section 
104 of the Act.
    (5) Nothing in this Sec. 77.403a shall preclude the issuance of a 
withdrawal order because of imminent danger.
    (d) Except as provided in paragraph (e) of this section, mobile 
equipment described in paragraph (a) of this section, manufactured prior 
to September 1, 1974, shall be deemed in compliance with this section if 
the ROPS is installed in accordance with the recommendations of the ROPS 
manufacturer or designer. The coal mine operator shall exhibit 
certification from the ROPS manufacturer or designer in the form of a 
label attached to the equipment, indicating the manufacturer's or 
fabricator's name and address, the ROPS model number, if any, the 
machine make, model or series number that the structure is designed to 
fit, and compliance with the applicable specification listed in 
paragraph (c)(1) or (2) of this section, or he shall, upon request of 
the authorized representative of the Secretary, furnish certification 
from a registered professional engineer that:
    (1) The ROPS complies with the Society of Automotive Engineers (SAE) 
Standard J 397, ``Critical Zone--Characteristics and Dimensions for 
Operators of Construction and Industrial Machinery'' or SAE J 397a, 
``Deflection Limiting Volume for Laboratory Evaluation of Rollover 
Protective Structures (ROPS) and Falling Object Protective Structures 
(FOPS) of Construction and Industrial Vehicles'' and the following 
applicable SAE Standards:
    (i) J 320a, ``Minimum Performance Criteria for Rollover Protective 
Structure for Rubber-Tired Self-Propelled Scrapers'' or J 320b, 
``Minimum Performance Criteria for Rollover Protective Structures for 
Prime Movers''; or
    (ii) J 394, ``Minimum Performance Criteria for Rollover Protective 
Structure for Rubber-Tired Front-End Loaders and Rubber-Tired Dozers'' 
or J 394a, ``Minimum Performance Criteria for Rollover Protective 
Structures for Wheeled Front-End Loaders and Wheeled Dozers''; or
    (iii) J 395, ``Minimum Performance Criteria for Rollover Protective 
Structure for Crawler Tractors and Crawler-Type Loaders'' or J 395a, 
``Minimum Performance Criteria for Rollover Protective Structures for 
Track-Type Tractors and Track-Type Front-End Loaders''; or
    (iv) J 396 or J 396a, ``Minimum Performance Criteria for Rollover 
Protective Structures for Motor Graders''; or
    (v) J 167, ``Protective Frame with Overhead Protection--Test 
Procedures and Performance Requirements''; or
    (vi) J 334a, ``Protective Frame Test Procedures and Performance 
Requirements''; or
    (2) The ROPS and supporting attachments will:
    (i) Show satisfactory performance by actual test of a prototype 
involving a roll of 720[deg] or more; or
    (ii) Support not less than the weight of the vehicle applied as a 
uniformly distributed horizontal load at the top of the structure and 
perpendicular to a

[[Page 628]]

vertical plane through the longitudinal axis of the prime mover, and 
support two times the weight of the vehicle applied as a uniformly 
distributed vertical load to the top of the structure; \1\ or
---------------------------------------------------------------------------

    \1\ 1Paragraph (d) or Sec. 77.403a is based on the ROPS criteria of 
the U.S. Army Corps of Engineers, Safety--General Safety Requirements EM 
385-1-1, Change 1, No. 21, Para. 18.A.20 (March 27, 1972), except that 
subparagraph (2)(ii) of this paragraph (d) is substituted for Para. 
18.A.20e(2) of the Corps requirements.
---------------------------------------------------------------------------

    (iii) Support the following separately applied minimum loads:
    (A) 125 percent of the weight of the vehicle applied as a uniformly 
distributed horizontal load at the top of the ROPS and perpendicular to 
a critical plane through the longitudinal axis of the prime mover; and
    (B) A load of twice the weight of the vehicle applied as a uniformly 
distributed vertical load to the top of the ROPS after complying with 
paragraph (d) (1) (iii) (A) of this section. Stresses shall not exceed 
the ultimate strength. Steel used in the ROPS must have capability to 
perform at 0 [deg]F., or exhibit Charpy V-notch impact strength at 8 
ft.-lb. at -20 [deg]F. with a standard Charpy V-notch Type A specimen 
and provide 20 percent elongation over two inches in a standard two inch 
gauge length on a 0.505 inch diameter tensile specimen. Bolts and nuts 
shall be SAE grade 8 (reference SAE J 429d, J 429e, J 429f or J 429g and 
J 995, J 995a or J 995b).
    (e) Mobile equipment manufactured prior to September 1, 1974 meeting 
certain existing governmental requirements for ROPS. Mobile equipment 
described in paragraph (a) of this section, manufactured prior to 
September 1, 1974 and already equipped with ROPS, shall be deemed in 
compliance with this section if it meets the ROPS requirements of the 
State of California, the U.S. Army Corps of Engineers, the Bureau of 
Reclamation of the U.S. Department of the Interior in effect on April 5, 
1972, or the Occupational Safety and Health Administration, U.S. 
Department of Labor. The requirements in effect are:
    (1) State of California: Construction Safety Orders 1591(i), 1596, 
and Logging and Sawmill Safety Order 5243, issued by the Department of 
Industrial Relations pursuant to Division 5, Labor Code Sec. 6312, 
State of California;
    (2) U.S. Army Corps of Engineers: Safety--General Safety 
Requirements, EM-385-1-1 (March 1967);
    (3) Bureau of Reclamation, U.S. Department of the Interior: Safety 
and Health Regulations for Construction, Part II (September 1971); and
    (4) Occupational Safety and Health Administration, U.S. Department 
of Labor: Safety and Health Regulations for Construction, 29 CFR 
1926.1001 and 1926.1002.
    (f) Field welding on ROPS shall be performed by welders who are 
certified by the coal mine operator or equipment distributor as being 
qualified in accordance with the American Welding Society Structural 
Welding Code AWS D1.1-73, or Military Standard MIL-STD 248, or the 
equivalent thereof.
    (g) Seat belts required by Sec. 77.1710(i) shall be worn by the 
operator of mobile equipment required to be equipped with ROPS by Sec. 
77.403a.

(Sec. 101(a), Federal Coal Mine Health and Safety Act of 1969, as 
amended (83 Stat. 745; 30 U.S.C. 811(a))

[39 FR 24007, June 28, 1974]



Sec. 77.403b  Incorporation by reference.

    In accordance with 5 U.S.C. 552(a), the publications to which 
references are made in Sec. Sec. 77.403 and 77.403a and which have been 
prepared by organizations other than the Mine Safety and Health 
Administration (MSHA), are hereby incorporated by reference and made a 
part hereof. The incorporated publications are available at each Coal 
Mine Health and Safety District and Subdistrict Office of MSHA. The U.S. 
Army Corps of Engineers, Safety--General Safety Requirements and the 
Occupational Safety and Health Administration regulations are also 
available from the U.S. Government Printing Office, Washington, DC 
20402. Bureau of Reclamation Safety and Health Regulations for 
Construction are available from the Bureau of Reclamation, Division of 
Safety, Engineering and Research Center, Denver, Colorado. SAE documents 
are available from the Society of Automotive Engineers, Inc., 400 
Commonwealth Drive, Warrendale, PA

[[Page 629]]

15096. American Welding Society Structural Welding Code D1-1-73 is 
available from the American Welding Society, Inc., 550 N.W. LeJeune 
Road, Miami, FL 33126. Military Standard MIL-STD 248 is available from 
the U.S. Government Printing Office, Washington, DC 20202.

(Sec. 101(a), the Federal Coal Mine Health and Safety Act of 1969, as 
amended (83 Stat. 745; 30 U.S.C. 811(a))

[39 FR 24008, June 28, 1974, as amended at 60 FR 35695, July 11, 1995]



Sec. 77.404  Machinery and equipment; operation and maintenance.

    (a) Mobile and stationary machinery and equipment shall be 
maintained in safe operating condition and machinery or equipment in 
unsafe condition shall be removed from service immediately.
    (b) Machinery and equipment shall be operated only by persons 
trained in the use of and authorized to operate such machinery or 
equipment.
    (c) Repairs or maintenance shall not be performed on machinery until 
the power is off and the machinery is blocked against motion, except 
where machinery motion is necessary to make adjustments.
    (d) Machinery shall not be lubricated while in motion where a hazard 
exists, unless equipped with extended fittings or cups.



Sec. 77.405  Performing work from a raised position; safeguards.

    (a) Men shall not work on or from a piece of mobile equipment in a 
raised position until it has been blocked in place securely. This does 
not preclude the use of equipment specifically designed as elevated 
mobile work platforms.
    (b) No work shall be performed under machinery or equipment that has 
been raised until such machinery or equipment has been securely blocked 
in position.



Sec. 77.406  Drive belts.

    (a) Drive belts shall not be shifted while in motion unless the 
machines are provided with mechanical shifters.
    (b) Belt dressing shall not be applied while belts are in motion 
except where it can be applied without endangering a person.



Sec. 77.407  Power-driven pulleys.

    (a) Belts, chains, and ropes shall not be guided onto power-driven 
moving pulleys, sprockets, or drums with the hands except on slow moving 
equipment especially designed for hand feeding.
    (b) Pulleys of conveyors shall not be cleaned manually while the 
conveyor is in motion.



Sec. 77.408  Welding operations.

    Welding operations shall be shielded and the area shall be well-
ventilated.



Sec. 77.409  Shovels, draglines, and tractors.

    (a) Shovels, draglines, and tractors shall not be operated in the 
presence of any person exposed to a hazard from its operation and all 
such equipment shall be provided with an adequate warning device which 
shall be sounded by the operator prior to starting operation.
    (b) Shovels and draglines shall be equipped with handrails along and 
around all walkways and platforms.



Sec. 77.410  Mobile equipment; automatic warning devices.

    (a) Mobile equipment such as front-end loaders, forklifts, tractors, 
graders, and trucks, except pickup trucks with an unobstructed rear 
view, shall be equipped with a warning device that--
    (1) Gives an audible alarm when the equipment is put in reverse; or
    (2) Uses infrared light, ultrasonic waves, radar, or other effective 
devices to detect objects or persons at the rear of the equipment, and 
sounds an audible alarm when a person or object is detected. This type 
of discriminating warning device shall--
    (i) Have a sensing area of a sufficient size that would allow 
endangered persons adequate time to get out of the danger zone.
    (ii) Give audible and visual alarms inside the operator's 
compartment and a audible alarm outside of the operator's compartment 
when a person or object is detected in the sensing area; and

[[Page 630]]

    (iii) When the equipment is put in reverse, activate and give a one-
time audible and visual alarm inside the operator's compartment and a 
one-time audible alarm outside the operator's compartment.
    (b) Alarms shall be audible above the surrounding noise levels.
    (c) Warning devices shall be maintained in functional condition.
    (d) An automatic reverse-activated strobe light may be substituted 
for an audible alarm when mobile equipment is operated at night.

[54 FR 30517, July 20, 1989]



Sec. 77.411  Compressed air and boilers; general.

    All boilers and pressure vessels shall be constructed, installed, 
and maintained in accordance with the standards and specifications of 
the American Society of Mechanical Engineers Boiler and Pressure Vessel 
Code.



Sec. 77.412  Compressed air systems.

    (a) Compressors and compressed-air receivers shall be equipped with 
automatic pressure-relief valves, pressure gages, and drain valves.
    (b) Repairs involving the pressure system of compressors, receivers, 
or compressed-air-powered equipment shall not be attempted until the 
pressure has been relieved from that part of the system to be repaired.
    (c) At no time shall compressed air be directed toward a person. 
When compressed air is used, all necessary precautions shall be taken to 
protect persons from injury.
    (d) Safety chains or suitable locking devices shall be used at 
connections to machines of high-pressure hose lines of 1-inch inside 
diameter or larger, and between high-pressure hose lines of 1-inch 
inside diameter or larger, where a connection failure would create a 
hazard.



Sec. 77.413  Boilers.

    (a) Boilers shall be equipped with guarded, well-maintained water 
gages and pressure gages placed so that they can be observed easily. 
Water gages and pipe passages to the gages shall be kept clean and free 
of scale and rust.
    (b) Boilers shall be equipped with automatic pressure-relief valves; 
valves shall be opened manually at least once a week to determine that 
they will function properly.
    (c) Blowoff valves shall be piped outside the building and shall 
have outlets so located or protected that persons passing by, near, or 
under them will not be scalded.
    (d) Boiler installations shall be provided with safety devices, 
acceptable to the Mine Safety and Health Administration, to protect 
against hazards of flameouts, fuel interruptions, and low-water level.
    (e) Boilers shall be inspected internally at least once a year by a 
licensed inspector and a certificate of inspection signed by the 
inspector shall be displayed in the vicinity of the boiler.



                 Subpart F_Electrical Equipment_General



Sec. 77.500  Electric power circuits and electric equipment; 
deenergization.

    Power circuits and electric equipment shall be deenergized before 
work is done on such circuits and equipment, except when necessary for 
troubleshooting or testing.



Sec. 77.501  Electric distribution circuits and equipment; repair.

    No electrical work shall be performed on electric distribution 
circuits or equipment, except by a qualified person or by a person 
trained to perform electrical work and to maintain electrical equipment 
under the direct supervision of a qualified person. Disconnecting 
devices shall be locked out and suitably tagged by the persons who 
perform such work, except that in cases where locking out is not 
possible, such devices shall be opened and suitably tagged by such 
persons. Locks or tags shall be removed only by the persons who 
installed them or, if such persons are unavailable, by persons 
authorized by the operator or his agent.



Sec. 77.501-1  Qualified person.

    A qualified person within the meaning of Sec. 77.501 is an 
individual who meets the requirements of Sec. 77.103.

[[Page 631]]



Sec. 77.502  Electric equipment; examination, testing, and maintenance.

    Electric equipment shall be frequently examined, tested, and 
properly maintained by a qualified person to assure safe operating 
conditions. When a potentially dangerous condition is found on electric 
equipment, such equipment shall be removed from service until such 
condition is corrected. A record of such examinations shall be kept.



Sec. 77.502-1  Qualified person.

    A qualified person within the meaning of Sec. 77.502 is an 
individual who meets the requirements of Sec. 77.103.



Sec. 77.502-2  Electric equipment; frequency of examination and testing.

    The examinations and tests required under the provision of this 
Sec. 77.502 shall be conducted at least monthly.



Sec. 77.503  Electric conductors; capacity and insulation.

    Electric conductors shall be sufficient in size and have adequate 
current carrying capacity and be of such construction that a rise in 
temperature resulting from normal operation will not damage the 
insulating materials.



Sec. 77.503-1  Electric conductors.

    Electric conductors shall be sufficient in size to meet the minimum 
current carrying capacity provided for in the National Electric Code, 
1968. All trailing cables shall meet the minimum requirements for 
ampacity provided in the standards of the Insulated Power Cable 
Engineers Association--National Electric Manufacturers Association in 
effect when such cables are purchased.



Sec. 77.504  Electrical connections or splices; suitability.

    Electrical connections or splices in electric conductors shall be 
mechanically and electrically efficient, and suitable connectors shall 
be used. All electrical connections or splices in insulated wire shall 
be reinsulated at least to the same degree of protection as the 
remainder of the wire.



Sec. 77.505  Cable fittings; suitability.

    Cables shall enter metal frames of motors, splice boxes, and 
electric compartments only through proper fittings. When insulated 
wires, other than cables, pass through metal frames, the holes shall be 
substantially bushed with insulated bushings.



Sec. 77.506  Electric equipment and circuits; overload and short-circuit 
protection.

    Automatic circuit-breaking devices or fuses of the correct type and 
capacity shall be installed so as to protect all electric equipment and 
circuits against short circuit and overloads.



Sec. 77.506-1  Electric equipment and circuits; overload and short 
circuit protection; minimum requirements.

    Devices providing either short circuit protection or protection 
against overload shall conform to the minimum requirements for 
protection of electric circuits and equipment of the National Electric 
Code, 1968.



Sec. 77.507  Electric equipment; switches.

    All electric equipment shall be provided with switches or other 
controls that are safely designed, constructed, and installed.



Sec. 77.508  Lightning arresters, ungrounded and exposed power conductors 
and telephone wires.

    All ungrounded, exposed power conductors and telephone wires shall 
be equipped with suitable lightning arresters which are adequately 
installed and connected to a low resistance grounding medium.



Sec. 77.508-1  Lightning arresters; wires entering buildings.

    Lightning arresters protecting exposed telephone wires entering 
buildings shall be provided at the point where each such telephone wire 
enters the building.



Sec. 77.509  Transformers; installation and guarding.

    (a) Transformers shall be of the totally enclosed type, or shall be 
placed at least 8 feet above the ground, or installed in a transformer 
house, or surrounded by a substantial fence at least

[[Page 632]]

6 feet high and at least 3 feet from any energized parts, casings, or 
wiring.
    (b) Transformer stations shall be enclosed to prevent persons from 
unintentionally or inadvertently contacting energized parts.
    (c) Transformer enclosures shall be kept locked against unauthorized 
entry.



Sec. 77.510  Resistors; location and guarding.

    Resistors, heaters, and rheostats shall be located so as to minimize 
fire hazards and, where necessary, provided with guards to prevent 
personal contact.



Sec. 77.511  Danger signs at electrical installations.

    Suitable danger signs shall be posted at all major electrical 
installations.



Sec. 77.512  Inspection and cover plates.

    Inspection and cover plates on electrical equipment shall be kept in 
place at all times except during testing or repairs.



Sec. 77.513  Insulating mats at power switches.

    Dry wooden platforms, insulating mats, or other electrically 
nonconductive material shall be kept in place at all switchboards and 
power-control switches where shock hazards exist. However, metal plates 
on which a person normally would stand and which are kept at the same 
potential as the grounded, metal, non-current-carrying parts of the 
power switches to be operated may be used.



Sec. 77.514  Switchboards; passageways and clearance.

    Switchboards shall be installed to provide passageways or lanes of 
travel which permit access to the back of the switchboard from both ends 
for inspection, adjustment or repair. Openings permitting access to the 
rear of any switchboard shall be guarded, except where they are located 
in buildings which are kept locked.



Sec. 77.515  Bare signal or control wires; voltage.

    The voltage on bare signal or control wires accessible to personal 
contact shall not exceed 40 volts.



Sec. 77.516  Electric wiring and equipment; installation and maintenance.

    In addition to the requirements of Sec. Sec. 77.503 and 77.506, all 
wiring and electrical equipment installed after June 30, 1971, shall 
meet the requirements of the National Electric Code in effect at the 
time of installation.



                        Subpart G_Trailing Cables



Sec. 77.600  Trailing cables; short-circuit protection; disconnecting 
devices.

    Short-circuit protection for trailing cables shall be provided by an 
automatic circuit breaker or other no less effective device, approved by 
the Secretary, of adequate current-interrupting capacity in each 
ungrounded conductor. Disconnecting devices used to disconnect power 
from trailing cables shall be plainly marked and identified and such 
devices shall be equipped or designed in such a manner that it can be 
determined by visual observation that the power is disconnected.



Sec. 77.601  Trailing cables or portable cables; temporary splices.

    Temporary splices in trailing cables or portable cables shall be 
made in a workmanlike manner and shall be mechanically strong and well 
insulated. Trailing cables or portable cables with exposed wires or 
splices that heat or spark under load shall not be used.



Sec. 77.602  Permanent splicing of trailing cables.

    When permanent splices in trailing cables are made, they shall be:
    (a) Mechanically strong with adequate electrical conductivity;
    (b) Effectively insulated and sealed so as to exclude moisture; and,
    (c) Vulcanized or otherwise made with suitable materials to provide 
good bonding to the outer jacket.

[[Page 633]]



Sec. 77.603  Clamping of trailing cables to equipment.

    Trailing cables shall be clamped to machines in a manner to protect 
the cables from damage and to prevent strain on the electrical 
connections.



Sec. 77.604  Protection of trailing cables.

    Trailing cables shall be adequately protected to prevent damage by 
mobile equipment.



Sec. 77.605  Breaking trailing cable and power cable connections.

    Trailing cable and power cable connections between cables and to 
power sources shall not be made or broken under load.



Sec. 77.606  Energized trailing cables; handling.

    Energized medium- and high-voltage trailing cables shall be handled 
only by persons wearing protective rubber gloves (see Sec. 77.606-1) 
and, with such other protective devices as may be necessary and 
appropriate under the circumstances.



Sec. 77.606-1  Rubber gloves; minimum requirements.

    (a) Rubber gloves (lineman's gloves) worn while handling high-
voltage trailing cables shall be rated at least 20,000 volts and shall 
be used and tested in accordance with the provisions of Sec. Sec. 
77.704-6 through 77.704-8.
    (b) Rubber gloves (wireman's gloves) worn while handling trailing 
cables energized by 660 to 1,000 volts shall be rated at least 1,000 
volts and shall not be worn inside out or without protective leather 
gloves.
    (c) Rubber gloves shall be inspected for defects before use on each 
shift and at least once thereafter during the shift when such rubber 
gloves are used for extended periods. All protective rubber gloves which 
contain defects shall be discarded and replaced prior to handling 
energized cables.



                           Subpart H_Grounding



Sec. 77.700  Grounding metallic sheaths, armors, and conduits enclosing 
power conductors.

    Metallic sheaths, armors, and conduits enclosing power conductors 
shall be electrically continuous throughout and shall be grounded by 
methods approved by an authorized representative of the Secretary.



Sec. 77.700-1  Approved methods of grounding.

    Metallic sheaths, armors, and conduits in resistance grounded 
systems, where the enclosed conductors are a part of the system, will be 
approved if a solid connection is made to the neutral conductor; in all 
other systems, the following methods of grounding will be approved:
    (a) A solid connection to metal waterlines having low resistance to 
earth;
    (b) A solid connection to a grounding conductor, other than the 
neutral conductor of a resistance grounded system, extending to a low-
resistance ground field;
    (c) Any other method of grounding, approved by an authorized 
representative of the Secretary, which ensures that there is no 
difference in potential between such metallic enclosures and the earth.



Sec. 77.701  Grounding metallic frames, casings, and other enclosures of 
electric equipment.

    Metallic frames, casings, and other enclosures of electric equipment 
that can become ``alive'' through failure of insulation or by contact 
with energized parts shall be grounded by methods approved by an 
authorized representative of the Secretary.



Sec. 77.701-1  Approved methods of grounding of equipment receiving power 
from ungrounded alternating current power systems.

    For purposes of grounding metallic frames, casings and other 
enclosures of equipment receiving power from ungrounded alternating 
current power systems, the following methods of grounding will be 
approved:
    (a) A solid connection between the metallic frame; casing, or other 
metal enclosure and the grounded metallic sheath, armor, or conduit 
enclosing the power conductor feeding the electric equipment enclosed;
    (b) A solid connection to metal waterlines having low resistance to 
earth;

[[Page 634]]

    (c) A solid connection to a grounding conductor extending to a low-
resistance ground field; and,
    (d) Any other method of grounding, approved by an authorized 
representative of the Secretary, which insures that there is no 
difference in potential between such metal enclosures and the earth.



Sec. 77.701-2  Approved methods of grounding metallic frames, casings, 

and other enclosures of electric equipment receiving power from a 
direct-current power system.

    (a) The following methods of grounding metallic frames, casings, and 
other enclosures of electric equipment receiving power from a direct-
current power system with one polarity grounded will be approved:
    (1) A solid connection to the grounded power conductor of the 
system; and,
    (2) Any other method, approved by an authorized representative of 
the Secretary, which insures that there is no difference in potential 
between such metal enclosures and the earth.
    (b) A method of grounding of metallic frames, casings, and other 
enclosures of electric equipment receiving power from a direct-current 
power system other than a system with one polarity grounded, will be 
approved by an authorized representative of the Secretary if the method 
insures that there is no difference in potential between such frames, 
casings, and other enclosures, and the earth.



Sec. 77.701-3  Grounding wires; capacity.

    Where grounding wires are used to ground metallic sheaths, armors, 
conduits, frames, casings, and other metallic enclosures, such grounding 
wires will be approved if:
    (a) Where the power conductor used is No. 6 A.W.G., or larger, the 
cross-sectional area of the grounding wire is at least one-half the 
cross-sectional area of the power conductor.
    (b) Where the power conductor used is less than No. 6 A.W.G., the 
cross-sectional area of the grounding wire is equal to the cross-
sectional area of the power conductor.



Sec. 77.701-4  Use of grounding connectors.

    If ground wires are attached to grounded power conductors, separate 
clamps, suitable for such purpose, shall be used and installed to 
provide a solid connection.



Sec. 77.702  Protection other than grounding.

    Methods other than grounding which provide no less effective 
protection may be permitted by the Secretary or his authorized 
representative. Such methods may not be used unless so approved.



Sec. 77.703  Grounding frames of stationary high-voltage equipment 
receiving power from ungrounded delta systems.

    The frames of all stationary high-voltage equipment receiving power 
from ungrounded delta systems shall be grounded by methods approved by 
an authorized representative of the Secretary.



Sec. 77.703-1  Approved methods of grounding.

    The methods of grounding stated in Sec. 77.701-1 will be approved 
with respect to the grounding of frames of high-voltage equipment 
referred to in Sec. 77.703.



Sec. 77.704  Work on high-voltage lines; deenergizing and grounding.

    High-voltage lines shall be deenergized and grounded before work is 
performed on them, except that repairs may be permitted on energized 
high-voltage lines if (a) such repairs are made by a qualified person in 
accordance with procedures and safeguards set forth in Sec. Sec. 
77.704-1 through 77.704-11 of this Subpart H as applicable, and (b) the 
operator has tested and properly maintained the protective devices 
necessary in making such repairs.



Sec. 77.704-1  Work on high-voltage lines.

    (a) No high-voltage line shall be regarded as deenergized for the 
purpose of performing work on it, until it has been determined by a 
qualified person (as provided in Sec. 77.103) that such high-voltage 
line has been deenergized and grounded. Such qualified person shall

[[Page 635]]

by visual observation (1) determine that the disconnecting devices on 
the high-voltage circuit are in open position, and (2) insure that each 
ungrounded conductor of the high-voltage circuit upon which work is to 
be done is properly connected to the system grounding medium. In the 
case of resistance grounded or solid wye-connected systems, the neutral 
wire is the system grounding medium. In the case of an ungrounded power 
system, either the steel armor or conduit enclosing the system or a 
surface grounding field is a system grounding medium;
    (b) No work shall be performed on any high-voltage line which is 
supported by any pole or structure which also supports other high-
voltage lines until: (1) All lines supported on the pole or structure 
are deenergized and grounded in accordance with all of the provisions of 
this Sec. 77.704-1 which apply to the repair of deenergized surface 
high-voltage lines; or (2) the provisions of Sec. Sec. 77.704-2 through 
77.704-10 have been complied with, with respect to all energized lines, 
which are supported on the pole or structure.
    (c) Work may be performed on energized surface high-voltage lines 
only in accordance with the provisions of Sec. Sec. 77.704-2 through 
77.704-10, inclusive.



Sec. 77.704-2  Repairs to energized high-voltage lines.

    An energized high-voltage line may be repaired only when:
    (a) The operator has determined that,
    (1) Such repairs cannot be scheduled during a period when the power 
circuit could be properly deenergized and grounded;
    (2) Such repairs will be performed on power circuits with a phase-
to-phase nominal voltage no greater than 15,000 volts;
    (3) Such repairs on circuits with a phase-to-phase nominal voltage 
of 5,000 volts or more will be performed only with the use of live line 
tools; and,
    (4) Weather conditions will not interfere with such repairs or 
expose those persons assigned to such work to an imminent danger; and,
    (b) The operator has designated a person qualified under the 
provisions of Sec. 77.104 as the person responsible for carrying out 
such repairs and such person, in order to ensure protection for himself 
and other qualified persons assigned to perform such repairs from the 
hazards of such repair, has prepared and filed with the operator:
    (1) A general description of the nature and location of the damage 
or defect to be repaired;
    (2) The general plan to be followed in making such repairs;
    (3) A statement that a briefing of all qualified persons assigned to 
make such repairs was conducted informing them of the general plan, 
their individual assignments, and the dangers inherent in such 
assignments;
    (4) A list of the proper protective equipment and clothing that will 
be provided; and
    (5) Such other information as the person designated by the operator 
feels necessary to describe properly the means or methods to be employed 
in such repairs.



Sec. 77.704-3  Work on energized high-voltage surface lines; reporting.

    Any operator designating and assigning qualified persons to perform 
repairs on energized high-voltage surface lines under the provisions of 
Sec. 77.704-2 shall maintain a record of such repairs. Such record 
shall contain a notation of the time, date, location, and general nature 
of the repairs made together with a copy of the information filed with 
the operator by the qualified person designated as responsible for 
performing such repairs.



Sec. 77.704-4  Simultaneous repairs.

    When two or more persons are working on an energized high-voltage 
surface line simultaneously, and any one of them is within reach of 
another, such persons shall not be allowed to work on different phases 
or on equipment with different potentials.



Sec. 77.704-5  Installation of protective equipment.

    Before repair work on energized high-voltage surface lines is begun, 
protective equipment shall be used to cover all bare conductors, ground 
wires, guys, telephone lines, and other attachments in proximity to the 
area of

[[Page 636]]

planned repairs. Such protective equipment shall be installed from a 
safe position below the conductors or other apparatus being covered. 
Each rubber protective device employed in the making of repairs shall 
have a dielectric strength of 20,000 volts, or more.



Sec. 77.704-6  Protective clothing; use and inspection.

    All persons performing work on energized high-voltage surface lines 
shall wear protective rubber lineman's gloves, sleeves, and climber 
guards if climbers are worn. Protective rubber gloves shall not be worn 
wrong side out or without protective leather gloves. Protective devices 
worn by a person assigned to perform repairs on high-voltage surface 
lines shall be worn continuously from the time he leaves the ground 
until he returns to the ground and, if such devices are employed for 
extended periods, such person shall visually inspect the equipment 
assigned him for defects before each use and, in no case, less than 
twice each day.



Sec. 77.704-7  Protective equipment; inspection.

    Each person shall visually inspect protective equipment and clothing 
provided him in connection with work on high-voltage surface lines 
before using such equipment and clothing, and any equipment or clothing 
containing any defect or damage shall be discarded and replaced with 
proper protective equipment or clothing prior to the performance of any 
electrical work on such lines.



Sec. 77.704-8  Protective equipment; testing and storage.

    (a) All rubber protective equipment used on work on energized high-
voltage surface lines shall be electrically tested by the operator in 
accordance with ASTM standards, Part 28, published February 1968, and 
such testing shall be conducted in accordance with the following 
schedule:
    (1) Rubber gloves, once each month;
    (2) Rubber sleeves, once every 3 months;
    (3) Rubber blankets, once every 6 months;
    (4) Insulator hoods and line hose, once a year; and
    (5) Other electric protective equipment, once a year.
    (b) Rubber gloves shall not be stored wrong side out. Blankets shall 
be rolled when not in use, and line hose, and insulator hoods shall be 
stored in their natural position and shape.



Sec. 77.704-9  Operating disconnecting or cutout switches.

    Disconnecting or cutout switches on energized high-voltage surface 
lines shall be operated only with insulated sticks, fuse tongs, or 
pullers which are adequately insulated and maintained to protect the 
operator from the voltage to which he is exposed. When such switches are 
operated from the ground, the person using such devices shall wear 
protective rubber lineman's gloves, except where such switches are 
bonded to a metal mat as provided in Sec. 77.513.



Sec. 77.704-10  Tying into energized high-voltage surface circuits.

    If the work of forming an additional circuit by tying into an 
energized high-voltage surface line is performed from the ground, any 
person performing such work must wear and employ all of the protective 
equipment and clothing required under the provisions of Sec. Sec. 
77.704-5 and 77.704-6. In addition, the insulated stick used by such 
person must have been designed for such purpose and must be adequately 
insulated and be maintained to protect such person from the voltage to 
which he is exposed.



Sec. 77.704-11  Use of grounded messenger wires; ungrounded systems.

    Solely for purposes of grounding ungrounded high-voltage power 
systems, grounded messenger wires used to suspend the cables of such 
systems may be used as a grounding medium.



Sec. 77.705  Guy wires; grounding.

    Guy wires from poles supporting high-voltage transmission lines 
shall be securely connected to the system ground or be provided with 
insulators installed near the pole end.

[[Page 637]]



               Subpart I_Surface High-Voltage Distribution



Sec. 77.800  High-voltage circuits; circuit breakers.

    High-voltage circuits supplying power to portable or mobile 
equipment shall be protected by suitable circuit breakers of adequate 
interrupting capacity which are properly tested and maintained and 
equipped with devices to provide protection against under voltage, 
grounded phase, short circuit and overcurrent. High-voltage circuits 
supplying power to stationary equipment shall be protected against 
overloads by either a circuit breaker or fuses of the correct type and 
capacity.



Sec. 77.800-1  Testing, examination, and maintenance of circuit breakers; 
procedures.

    (a) Circuit breakers and their auxiliary devices protecting high-
voltage circuits to portable or mobile equipment shall be tested and 
examined at least once each month by a person qualified as provided in 
Sec. 77.103.
    (b) Tests shall include:
    (1) Breaking continuity of the ground check conductor where ground 
check monitoring is used; and,
    (2) Actuating any of the auxiliary protective relays.
    (c) Examination shall include visual observation of all components 
of the circuit breaker and its auxiliary devices, and such repairs or 
adjustments as are indicated by such tests and examinations shall be 
carried out immediately.



Sec. 77.800-2  Testing, examination, and maintenance of circuit breakers; 
record.

    The operator shall maintain a written record of each test, 
examination, repair, or adjustment of all circuit breakers protecting 
high-voltage circuits. Such record shall be kept in a book approved by 
the Secretary.



Sec. 77.801  Grounding resistors.

    The grounding resistor, where required, shall be of the proper ohmic 
value to limit the voltage drop in the grounding circuit external to the 
resistor to not more than 100 volts under fault conditions. The 
grounding resistor shall be rated for maximum fault current continuously 
and insulated from ground for a voltage equal to the phase-to-phase 
voltage of the system.



Sec. 77.801-1  Grounding resistors; continuous current rating.

    The ground fault current rating of grounding resistors shall meet 
the ``extended time rating'' set forth in American Institute of 
Electrical Engineers, Standard No. 32.



Sec. 77.802  Protection of high-voltage circuits; neutral grounding 
resistors; disconnecting devices.

    High-voltage circuits supplying portable or mobile equipment shall 
contain either a direct or derived neutral which shall be grounded 
through a suitable resistor at the source transformers, and a grounding 
circuit, originating at the grounded side of the grounding resistor, 
shall extend along with the power conductors and serve as a grounding 
conductor for the frames of all high-voltage equipment supplied power 
from that circuit, except that the Secretary or his authorized 
representative may permit other high-voltage circuits to feed stationary 
electrical equipment, if he finds that such exception will not pose a 
hazard to the miners. Disconnecting devices shall be installed and so 
equipped or designed in such a manner that it can be determined by 
visual observation that the power is disconnected.



Sec. 77.803  Fail safe ground check circuits on high-voltage resistance 
grounded systems.

    On and after September 30, 1971, all high-voltage, resistance 
grounded systems shall include a fail safe ground check circuit or other 
no less effective device approved by the Secretary to monitor 
continuously the grounding circuit to assure continuity. The fail safe 
ground check circuit shall cause the circuit breaker to open when either 
the ground or ground check wire is broken.



Sec. 77.803-1  Fail safe ground check circuits; maximum voltage.

    The maximum voltage used for ground check circuits under Sec. 
77.803 shall not exceed 96 volts.

[[Page 638]]



Sec. 77.803-2  Ground check systems not employing pilot check wires; 
approval by the Secretary.

    Ground check systems not employing pilot check wires shall be 
approved by the Secretary only if it is determined that the system 
includes a fail safe design which will cause the circuit interrupter to 
open when ground continuity is broken.



Sec. 77.804  High-voltage trailing cables; minimum design requirements.

    (a) High-voltage trailing cables used in resistance grounded systems 
shall be equipped with metallic shields around each power conductor with 
one or more ground conductors having a total cross-sectional area of not 
less than one-half the power conductor, and with an insulated conductor 
for the ground continuity check circuit. External ground check 
conductors may be used if they are not smaller than No. 8 (AWG) and have 
an insulation rated at least 600 volts.
    (b) All such high-voltage trailing cables shall be adequate for the 
intended current and voltage. Splices made in such cables shall provide 
continuity of all components.



Sec. 77.805  Cable couplers and connection boxes; minimum design 
requirements.

    (a)(1) Couplers that are used in medium- or high-voltage power 
circuits shall be of the three-phase type and enclosed in a full 
metallic shell, except that the Secretary may permit, under such 
guidelines as he may prescribe, no less effective couplers constructed 
of materials other than metal.
    (2) Cable couplers shall be adequate for the intended current and 
voltage.
    (3) Cable couplers with any metal exposed shall be grounded to the 
ground conductor in the cable.
    (4) Couplers shall be constructed to cause the ground check 
continuity conductor to break first and the ground conductor last when 
being uncoupled when pilot check circuits are used.
    (b) Cable connection boxes shall be of substantial construction and 
designed to guard all energized parts from personal contact.



Sec. 77.806  Connection of single-phase loads.

    Single-phase loads, such as transformer primaries, shall be 
connected phase to phase in resistance grounded systems.



Sec. 77.807  Installation of high-voltage transmission cables.

    High-voltage transmission cables shall be installed or placed so as 
to afford protection against damage. They shall be placed to prevent 
contact with low-voltage or communication circuits.



Sec. 77.807-1  High-voltage powerlines; clearances above ground.

    High-voltage powerlines located above driveways, haulageways, and 
railroad tracks shall be installed to provide the minimum vertical 
clearance specified in National Electrical Safety Code: Provided, 
however, That in no event shall any high-voltage powerline be installed 
less than 15 feet above ground.



Sec. 77.807-2  Booms and masts; minimum distance from high-voltage lines.

    The booms and masts of equipment operated on the surface of any coal 
mine shall not be operated within 10 feet of an energized overhead 
powerline. Where the voltage of overhead powerlines is 69,000 volts, or 
more, the minimum distance from the boom or mast shall be as follows:

------------------------------------------------------------------------
                                                                Minimum
         Nominal power line voltage (in 1,000 volts)           distance
                                                                (feet)
------------------------------------------------------------------------
69 to 114...................................................          12
115 to 229..................................................          15
230 to 344..................................................          20
345 to 499..................................................          25
500 or more.................................................          35
------------------------------------------------------------------------



Sec. 77.807-3  Movement of equipment; minimum distance from high-voltage 
lines.

    When any part of any equipment operated on the surface of any coal 
mine is required to pass under or by any energized high-voltage 
powerline and the clearance between such equipment and powerline is less 
than that specified in Sec. 77.807-2 for booms and masts, such 
powerlines shall be deenergized or other precautions shall be taken.

[[Page 639]]



Sec. 77.808  Disconnecting devices.

    Disconnecting devices shall be installed at the beginning of each 
branch line in high-voltage circuits and they shall be equipped or 
designed in such a manner that it can be determined by visual 
observation that the circuit is deenergized when such devices are open.



Sec. 77.809  Identification of circuit breakers and disconnecting 
switches.

    Circuit breakers and disconnecting switches shall be labeled to show 
which units they control, unless identification can be made readily by 
location.



Sec. 77.810  High-voltage equipment; grounding.

    Frames, supporting structures, and enclosures of stationary, 
portable, or mobile high-voltage equipment shall be effectively 
grounded.



Sec. 77.811  Movement of portable substations and transformers.

    Portable substations and transformers shall be deenergized before 
they are moved from one location to another.



     Subpart J_Low- and Medium-Voltage Alternating Current Circuits



Sec. 77.900  Low- and medium-voltage circuits serving portable or mobile 
three-phase alternating current equipment; circuit breakers.

    Low- and medium-voltage circuits supplying power to portable or 
mobile three-phase alternating current equipment shall be protected by 
suitable circuit breakers of adequate interrupting capacity which are 
properly tested and maintained and equipped with devices to provide 
protection against undervoltage, grounded phase, short circuit, and 
over-current.



Sec. 77.900-1  Testing, examination, and maintenance of circuit breakers; 
procedures.

    Circuit breakers protecting low- and medium-voltage circuits serving 
portable or mobile three-phase alternating current equipment and their 
auxiliary devices shall be tested and examined at least once each month 
by a person qualified as provided in Sec. 77.103. In performing such 
tests, the circuit breaker auxiliaries or control circuits shall be 
actuated in any manner which causes the circuit breaker to open. All 
components of the circuit breaker and its auxiliary devices shall be 
visually examined and such repairs or adjustments as are indicated by 
such tests and examinations shall be carried out immediately.



Sec. 77.900-2  Testing, examination, and maintenance of circuit breakers; 
record.

    The operator shall maintain a written record of each test, 
examination, repair or adjustment of all circuit breakers protecting 
low- and medium-voltage circuits serving three-phase alternating current 
equipment and such record shall be kept in a book approved by the 
Secretary.



Sec. 77.901  Protection of low- and medium-voltage three-phase circuits.

    (a) Low- and medium-voltage circuits supplying power to portable or 
mobile three-phase alternating equipment shall contain:
    (1) Either a direct or derived neutral grounded through a suitable 
resistor at the power source;
    (2) A grounding circuit originating at the grounded side of the 
grounding resistor which extends along with the power conductors and 
serves as a grounding conductor for the frames of all the electric 
equipment supplied power from the circuit.
    (b) Grounding resistors, where required, shall be of an ohmic value 
which limits the ground fault current to no more than 25 amperes. Such 
grounding resistors shall be rated for maximum fault current 
continuously and provide insulation from ground for a voltage equal to 
the phase-to-phase voltage of the system.
    (c) Low- and medium-voltage circuits supplying power to three-phase 
alternating current stationary electric equipment shall comply with the 
National Electric Code.



Sec. 77.901-1  Grounding resistor; continuous current rating.

    The ground fault current rating of grounding resistors shall meet 
the

[[Page 640]]

``extended time rating'' set forth in American Institute of Electrical 
Engineers Standard No. 32.



Sec. 77.902  Low- and medium-voltage ground check monitor circuits.

    On and after September 30, 1971, three-phase low- and medium-voltage 
resistance grounded systems to portable and mobile equipment shall 
include a fail safe ground check circuit or other no less effective 
device approved by the Secretary to monitor continuously the grounding 
circuit to assure continuity. The fail safe ground check circuit shall 
cause the circuit breaker to open when either the ground or pilot check 
wire is broken. Cable couplers shall be constructed to cause the ground 
check continuity conductor to break first and the ground conductor last 
when being uncoupled when pilot check circuits are used.



Sec. 77.902-1  Fail safe ground check circuits; maximum voltage.

    The maximum voltage used for ground check circuits under Sec. 
77.902 shall not exceed 40 volts.



Sec. 77.902-2  Approved ground check systems not employing pilot check 
wires.

    Ground check systems not employing pilot check wires shall be 
approved by the Secretary only after it has been determined that the 
system includes a fail safe design causing the circuit breaker to open 
when ground continuity is broken.



Sec. 77.902-3  Attachment of ground conductors and ground check wires 
to equipment frames; use of separate connections.

    In grounding the frames of stationary, portable, or mobile equipment 
receiving power from resistance grounded systems, separate connections 
shall be used.



Sec. 77.903  Disconnecting devices.

    Disconnecting devices shall be installed in circuits supplying power 
to portable or mobile equipment and shall provide visual evidence that 
the power is disconnected.



Sec. 77.904  Identification of circuit breakers.

    Circuit breakers shall be labeled to show which circuits they 
control unless identification can be made readily by location.



Sec. 77.905  Connection of single-phase loads.

    Single-phase loads shall be connected phase-to-phase in resistance 
grounded systems.



Sec. 77.906  Trailing cables supplying power to low-voltage mobile 
equipment; ground wires and ground check wires.

    On and after September 30, 1971, all trailing cables supplying power 
to portable or mobile equipment from low-voltage three-phase resistance 
grounded power systems shall contain one or more ground conductors 
having a cross-sectional area of not less than one-half the power 
conductor. Such trailing cables shall include an insulated conductor for 
the ground continuity check circuit except where a no less effective 
device has been approved by the Secretary to assure continuity. Splices 
made in low-voltage trailing cables shall provide continuity of all 
components.



                        Subpart K_Ground Control



Sec. 77.1000  Highwalls, pits and spoil banks; plans.

    Each operator shall establish and follow a ground control plan for 
the safe control of all highwalls, pits and spoil banks to be developed 
after June 30, 1971, which shall be consistent with prudent engineering 
design and will insure safe working conditions. The mining methods 
employed by the operator shall be selected to insure highwall and spoil 
bank stability.



Sec. 77.1000-1  Filing of plan.

    The operator shall file a copy of such plan, and revisions thereof, 
with the Coal Mine Health and Safety District of Subdistrict office for 
the District or Subdistrict in which the mine is located, and shall 
identify the name and location of the mine; the Mine Safety

[[Page 641]]

and Health Administration identification number if known; and the name 
and address of the mine operator.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[36 FR 9364, May 22, 1971, as amended at 60 FR 33723, June 29, 1995]



Sec. 77.1001  Stripping; loose material.

    Loose hazardous material shall be stripped for a safe distance from 
the top of pit or highwalls, and the loose unconsolidated material shall 
be sloped to the angle of repose, or barriers, baffle boards, screens, 
or other devices be provided that afford equivalent protection.



Sec. 77.1002  Box cuts; spoil material placement.

    When box cuts are made, necessary precautions shall be taken to 
minimize the possibility of spoil material rolling into the pit.



Sec. 77.1003  Benches.

    To insure safe operation, the width and height of benches shall be 
governed by the type of equipment to be used and the operation to be 
performed.



Sec. 77.1004  Ground control; inspection and maintenance; general.

    (a) Highwalls, banks, benches, and terrain sloping into the working 
areas shall be examined after every rain, freeze, or thaw before men 
work in such areas, and such examination shall be made and recorded in 
accordance with Sec. 77.1713.
    (b) Overhanging highwalls and banks shall be taken down and other 
unsafe ground conditions shall be corrected promptly, or the area shall 
be posted.



Sec. 77.1005  Scaling highwalls; general.

    (a) Hazardous areas shall be scaled before any other work is 
performed in the hazardous area. When scaling of highwalls is necessary 
to correct conditions that are hazardous to persons in the area, a safe 
means shall be provided for performing such work.
    (b) Whenever it becomes necessary for safety to remove hazardous 
material from highwalls by hand, the hazardous material shall be 
approached from a safe direction and the material removed from a safe 
location.



Sec. 77.1006  Highwalls; men working.

    (a) Men, other than those necessary to correct unsafe conditions, 
shall not work near or under dangerous highwalls or banks.
    (b) Except as provided in paragraph (c) of this section, men shall 
not work between equipment and the highwall or spoil bank where the 
equipment may hinder escape from falls or slides.
    (c) Special safety precautions shall be taken when men are required 
to perform repair work between immobilized equipment and the highwall or 
spoil bank and such equipment may hinder escape from falls or slides.



Sec. 77.1007  Drilling; general.

    (a) Equipment that is to be used during a shift shall be inspected 
each shift by a competent person. Equipment defects affecting safety 
shall be reported.
    (b) Equipment defects affecting safety shall be corrected before the 
equipment is used.



Sec. 77.1008  Relocation of drills; safeguards.

    (a) When a drill is being moved from one drilling area to another, 
drill steel, tools, and other equipment shall be secured and the mast 
placed in a safe position.
    (b) When a drill helper is used his location shall be made known to 
the operator at all times when the drill is being moved.



Sec. 77.1009  Drill; operation.

    (a) While in operation drills shall be attended at all times.
    (b) Men shall not drill from positions that hinder their access to 
the control levers, or from insecure footing or staging, or from atop 
equipment not designed for this purpose.
    (c) Men shall not be on a mast while the drill bit is in operation 
unless a safe platform is provided and safety belts are used.
    (d) Drill crews and others shall stay clear of augers or drill stems 
that are in motion. Persons shall not pass under or step over a moving 
stem or auger.

[[Page 642]]

    (e) In the event of power failure, drill controls shall be placed in 
the neutral position until power is restored.
    (f) When churn drills or vertical rotary drills are used, drillers 
shall not be permitted to work under suspended tools, and when collaring 
holes, inspecting, or during any operation in which tools are removed 
from the hole, all tools shall be lowered to the ground or platform.



Sec. 77.1010  Collaring holes.

    (a) Starter steels shall be used when collaring holes with hand-held 
drills.
    (b) Men shall not hold the drill steel while collaring holes, or 
rest their hands on the chuck or centralizer while drilling.



Sec. 77.1011  Drill holes; guarding.

    Drill holes large enough to constitute a hazard shall be covered or 
guarded.



Sec. 77.1012  Jackhammers; operation; safeguards.

    Men operating or working near jackhammers or jackleg drills, or 
other drilling machines shall position themselves so that they will not 
be struck or lose their balance if the drill steel breaks or sticks.



Sec. 77.1013  Air drills; safeguards.

    Air shall be turned off and bled from the air hoses before hand-held 
air drills are moved from one working area to another.



                        Subpart L_Fire Protection



Sec. 77.1100  Fire protection; training and organization.

    Firefighting facilities and equipment shall be provided commensurate 
with the potential fire hazards at each structure, enclosure and other 
facility (including custom coal preparation) at the mine and the 
employees at such facilities shall be instructed and trained annually in 
the use of such firefighting facilities and equipment.



Sec. 77.1101  Escape and evacuation; plan.

    (a) Before September 30, 1971, each operator of a mine shall 
establish and keep current a specific escape and evacuation plan to be 
followed in the event of a fire.
    (b) All employees shall be instructed on current escape and 
evacuation plans, fire alarm signals, and applicable procedures to be 
followed in case of fire.
    (c) Plans for escape and evacuation shall include the designation 
and proper maintenance of adequate means for exit from all areas where 
persons are required to work or travel including buildings and equipment 
and in areas where persons normally congregate during the work shift.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971; 60 
FR 33723, June 29, 1995]



Sec. 77.1102  Warning signs; smoking and open flame.

    Signs warning against smoking and open flames shall be posted so 
they can be readily seen in areas or places where fire or explosion 
hazards exist.



Sec. 77.1103  Flammable liquids; storage.

    (a) Flammable liquids shall be stored in accordance with standards 
of the National Fire Protection Association. Small quantities of 
flammable liquids drawn from storage shall be kept in properly 
identified safety cans.
    (b) Unburied flammable-liquid storage tanks shall be mounted 
securely on firm foundations. Outlet piping shall be provided with 
flexible connections or other special fittings to prevent adverse 
effects from tank settling.
    (c) Fuel lines shall be equipped with valves to cut off fuel at the 
source and shall be located and maintained to minimize fire hazards.
    (d) Areas surrounding flammable-liquid storage tanks and electric 
substations and transformers shall be kept free from grass (dry), weeds, 
underbrush, and other combustible materials such as trash, rubbish, 
leaves and paper, for at least 25 feet in all directions.



Sec. 77.1104  Accumulations of combustible materials.

    Combustible materials, grease, lubricants, paints, or flammable 
liquids shall not be allowed to accumulate where they can create a fire 
hazard.

[[Page 643]]



Sec. 77.1105  Internal combustion engines; fueling.

    Internal combustion engines, except diesels, shall be shut off and 
stopped before being fueled.



Sec. 77.1106  Battery-charging stations; ventilation.

    Battery-charging stations shall be located in well-ventilated areas. 
Battery-charging stations shall be equipped with reverse current 
protection where such stations are connected directly to direct current 
power systems.



Sec. 77.1107  Belt conveyors.

    Belt conveyors in locations where fire would create a hazard to 
personnel shall be provided with switches to stop the drive pulley 
automatically in the event of excessive slippage.



Sec. 77.1108  Firefighting equipment; requirements; general.

    On and after September 30, 1971, each operator of a coal mine shall 
provide an adequate supply of firefighting equipment which is adapted to 
the size and suitable for use under the conditions present on the 
surface at the mine.

[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971]



Sec. 77.1108-1  Type and capacity of firefighting equipment.

    Firefighting equipment required under this Sec. 77.1108 shall meet 
the following minimum requirements:
    (a) Waterlines. Waterlines shall be capable of delivering 50 gallons 
of water a minute at a nozzle pressure of 50 pounds per square inch. 
Where storage tanks are used as a source of water supply, the tanks 
shall be of 1,000-gallon capacity for each 1,000 tons of coal processed 
(average) per shift.
    (b) Fire extinguishers. Fire extinguishers shall be:
    (1) Of the appropriate type for the particular fire hazard involved;
    (2) Adequate in number and size for the particular fire hazard 
involved;
    (3) Replaced immediately with fully charged extinguishers after any 
discharge is made from an extinguisher; and
    (4) Approved by the Underwriter's Laboratories, Inc., or the Factory 
Mutual Research Corp., or other competent testing agency acceptable to 
the Mine Safety and Health Administration.
    (c) Fire hose. Fire hose and couplings shall meet the requirements 
of the Underwriter's Laboratories, Inc., or Factory Mutual Research 
Corp.'s specifications. Cotton or cotton-polyester jacketed hose shall 
be treated in accordance with the U.S. Department of Agriculture Forest 
Service Specification 182 for mildew resistance. The water pressure at 
the hose nozzle shall not be excessively high so as to present a hazard 
to the nozzle operator.

[36 FR 9364, May 22, 1971, as amended at 47 FR 28096, June 29, 1982]



Sec. 77.1109  Quantity and location of firefighting equipment.

    Preparation plants, dryer plants, tipples, drawoff tunnels, shops, 
and other surface installations shall be equipped with the following 
firefighting equipment.
    (a) Each structure presenting a fire hazard shall be provided with 
portable fire extinguishers commensurate with the potential fire hazard 
at the structure in accordance with the recommendations of the National 
Fire Protection Association.
    (b) Preparation plants shall be equipped with waterlines, with 
outlet valves on each floor, and with sufficient fire hose to project a 
water stream to any point in the plant. However, where freezing 
conditions exist or water is not available, a 125-pound multipurpose dry 
powder extinguisher may be substituted for the purposes of this 
paragraph (b) for each 2,500 square feet of floor space in a wooden or 
other flammable structure, or for each 5,000 square feet of floor space 
in a metal, concrete-block, or other type of non-flammable construction.
    (c)(1) Mobile equipment, including trucks, front-end loaders, 
bulldozers, portable welding units, and augers, shall be equipped with 
at least one portable fire extinguisher.
    (2) Power shovels, draglines, and other large equipment shall be 
equipped with at least one portable fire extinguisher; however, 
additional fire extinguishers may be required by an

[[Page 644]]

authorized representative of the Secretary.
    (3) Auxiliary equipment such as portable drills, sweepers, and 
scrapers, when operated more than 600 feet from equipment required to 
have portable fire extinguishers, shall be equipped with at least one 
fire extinguisher.
    (d) Fire extinguishers shall be provided at permanent electrical 
installations commensurate with the potential fire hazard at such 
installation in accordance with the recommendations of the National Fire 
Protection Association.
    (e) Two portable fire extinguishers, or the equivalent, shall be 
provided at each of the following combustible liquid storage 
installations:
    (1) Near each above ground or unburied combustible liquid storage 
station; and,
    (2) Near the transfer pump of each buried combustible liquid storage 
tank.
    (f) Vehicles transporting explosives and blasting agents shall be 
equipped with fire protection as recommended in Code 495, section 20, 
National Fire Protection Association Handbook, 12th Edition, 1962.



Sec. 77.1110  Examination and maintenance of firefighting equipment.

    Firefighting equipment shall be continuously maintained in a usable 
and operative condition. Fire extinguishers shall be examined at least 
once every 6 months and the date of such examination shall be recorded 
on a permanent tag attached to the extinguisher.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[36 FR 9364, May 22, 1971, as amended at 60 FR 33723, June 29, 1995]



Sec. 77.1111  Welding, cutting, soldering; use of fire extinguisher.

    One portable fire extinguisher shall be provided at each location 
where welding, cutting, or soldering with arc or flame is performed.



Sec. 77.1112  Welding, cutting, or soldering with arc or flame; safeguards.

    (a) When welding, cutting, or soldering with arc or flame near 
combustible materials, suitable precautions shall be taken to insure 
that smoldering metal or sparks do not result in a fire.
    (b) Before welding, cutting, or soldering is performed in areas 
likely to contain methane, an examination for methane shall be made by a 
qualified person with a device approved by the Secretary for detecting 
methane. Examinations for methane shall be made immediately before and 
periodically during welding, cutting, or soldering and such work shall 
not be permitted to commence or continue in air which contains 1.0 
volume per centum or more of methane.



                             Subpart M_Maps



Sec. 77.1200  Mine map.

    The operator shall maintain an accurate and up-to-date map of the 
mine, on a scale of not less than 100 nor more than 500 feet to the 
inch, at or near the mine, in an area chosen by the mine operator, with 
a duplicate copy on file at a separate and distinct location, to 
minimize the danger of destruction by fire or other hazard. The map 
shall show:
    (a) Name and address of the mine;
    (b) The property or boundary lines of the active areas of the mine;
    (c) Contour lines passing through whole number elevations of the 
coalbed being mined. The spacing of such lines shall not exceed 25-foot 
elevation levels, except that a broader spacing of contour lines may be 
approved by the District Manager for steeply pitching coalbeds. Contour 
lines may be placed on overlays or tracings attached to mine maps.
    (d) The general elevation of the coalbed or coalbeds being mined, 
and the general elevation of the surface;
    (e) Either producing or abandoned oil and gas wells located on the 
mine property;
    (f) The location and elevation of any body of water dammed or held 
back in any portion of the mine: Provided, however, Such bodies of water 
may be shown on overlays or tracings attached to the mine maps;
    (g) All prospect drill holes that penetrate the coalbed or coalbeds 
being mined on the mine property;
    (h) All auger and strip mined areas of the coalbed or coalbeds being 
mined on

[[Page 645]]

the mine property together with the line of maximum depth of holes 
drilled during auger mining operations.
    (i) All worked out and abandoned areas;
    (j) The location of railroad tracks and public highways leading to 
the mine, and mine buildings of a permanent nature with identifying 
names shown;
    (k) Underground mine workings underlying and within 1,000 feet of 
the active areas of the mine;
    (l) The location and description of at least two permanent base line 
points, and the location and description of at least two permanent 
elevation bench marks used in connection with establishing or 
referencing mine elevation surveys; and,
    (m) The scale of the map.



Sec. 77.1201  Certification of mine maps.

    Mine maps shall be made or certified by an engineer or surveyor 
registered by the State in which the mine is located.



Sec. 77.1202  Availability of mine map.

    The mine map maintained in accordance with the provisions of Sec. 
77.1200 shall be available for inspection by the Secretary or his 
authorized representative.



                    Subpart N_Explosives and Blasting



Sec. 77.1300  Explosives and blasting.

    (a) No explosives, blasting agent, detonator, or any other related 
blasting device or material shall be stored, transported, carried, 
handled, charged, fired, destroyed, or otherwise used, employed or 
disposed of by any person at a coal mine except in accordance with the 
provisions of Sec. Sec. 77.1301 through 77.1304, inclusive.
    (b) The term ``explosives'' as used in this Subpart N includes 
blasting agents. The standards in this Subpart N in which the term 
``explosives'' appears are applicable to blasting agents (as well as to 
other explosives) unless blasting agents are expressly excluded.



Sec. 77.1301  Explosives; magazines.

    (a) Detonators and explosives other than blasting agents shall be 
stored in magazines.
    (b) Detonators shall not be stored in the same magazine with 
explosives.
    (c) Magazines other than box type shall be:
    (1) Located in accordance with the current American Table of 
Distances for storage of explosives.
    (2) Detached structures located away from powerlines, fuel storage 
areas, and other possible sources of fire.
    (3) Constructed substantially of noncombustible material or covered 
with fire-resistant material.
    (4) Reasonably bullet resistant.
    (5) Electrically bonded and grounded if constructed of metal.
    (6) Made of nonsparking materials on the inside, including floors.
    (7) Provided with adequate and effectively screened ventilation 
openings near the floor and ceiling.
    (8) Kept locked securely when unattended.
    (9) Posted with suitable danger signs so located that a bullet 
passing through the face of a sign will not strike the magazine.
    (10) Used exclusively for storage of explosives or detonators and 
kept free of all extraneous materials.
    (11) Kept clean and dry in the interior, and in good repair.
    (12) Unheated, unless heated in a manner that does not create a fire 
or explosion hazard.
    (d) Box-type magazines used to store explosives or detonators in 
work areas shall be constructed with only nonsparking material inside 
and equipped with covers or doors and shall be located out of the line 
of blasts.
    (e) Secondary and box-type magazines shall be suitably labeled.
    (f) Detonator-storage magazines shall be separated by at least 25 
feet from explosive-storage magazines.
    (g) Cases or boxes containing explosives shall not be stored in 
magazines on their ends or sides nor stacked more than 6 feet high.
    (h) Ammonium nitrate-fuel oil blasting agents shall be physically 
separated from other explosives, safety fuse, or detonating cord stored 
in the same magazine and in such a manner

[[Page 646]]

that oil does not contaminate the other explosives, safety fuse or 
detonating cord.



Sec. 77.1302  Vehicles used to transport explosives.

    (a) Vehicles used to transport explosives, other than blasting 
agents, shall have substantially constructed bodies, no sparking metal 
exposed in the cargo space, and shall be equipped with suitable sides 
and tail gates; explosives shall not be piled higher than the side or 
end.
    (b) Vehicles containing explosives or detonators shall be maintained 
in good condition and shall be operated at a safe speed and in 
accordance with all safe operating practices.
    (c) Vehicles containing explosives or detonators shall be posted 
with proper warning signs.
    (d) Other materials or supplies shall not be placed on or in the 
cargo space of a conveyance containing explosives, detonating cord or 
detonators, except for safety fuse and except for properly secured 
nonsparking equipment used expressly in the handling of such explosives, 
detonating cord or detonators.
    (e) Explosives and detonators shall be transported in separate 
vehicles unless separated by 4 inches of hardwood or the equivalent.
    (f) Explosives or detonators shall be transported promptly without 
undue delays in transit.
    (g) Explosives or detonators shall be transported at times and over 
routes that expose a minimum number of persons.
    (h) Only the necessary attendants shall ride on or in vehicles 
containing explosives or detonators.
    (i) Vehicles shall be attended, whenever practical and possible, 
while loaded with explosives or detonators.
    (j) When vehicles containing explosives or detonators are parked, 
the brakes shall be set, the motive power shut off, and the vehicles 
shall be blocked securely against rolling.
    (k) Vehicles containing explosives or detonators shall not be taken 
to a repair garage or shop for any purpose.



Sec. 77.1303  Explosives, handling and use.

    (a) Persons who use or handle explosives or detonators shall be 
experienced men who understand the hazards involved; trainees shall do 
such work only under the supervision of and in the immediate presence of 
experienced men.
    (b) Blasting operations shall be under the direct control of 
authorized persons.
    (c) Substantial nonconductive closed containers shall be used to 
carry explosives, other than blasting agents to the blasting site.
    (d) Damaged or deteriorated explosives or detonators shall be 
destroyed in a safe manner.
    (e) Where electric blasting is to be performed, electric circuits to 
equipment in the immediate area to be blasted shall be deenergized 
before explosives or detonators are brought into the area; the power 
shall not be turned on again until after the shots are fired.
    (f) Explosives shall be kept separated from detonators until 
charging is started.
    (g) Areas in which charged holes are awaiting firing shall be 
guarded, or barricaded and posted, or flagged against unauthorized 
entry.
    (h) Ample warning shall be given before blasts are fired. All 
persons shall be cleared and removed from the blasting area unless 
suitable blasting shelters are provided to protect men endangered by 
concussion or flyrock from blasting.
    (i) Lead wires and blasting lines shall not be strung across power 
conductors, pipelines, railroad tracks, or within 20 feet of bare 
powerlines. They shall be protected from sources of static or other 
electrical contact.
    (j) For the protection of underground workers, special precautions 
shall be taken when blasting in close proximity to underground 
operations, and no blasting shall be done that would be hazardous to 
persons working underground.
    (k) Holes shall not be drilled where there is danger of intersecting 
a charged or misfired hole.
    (l) Only wooden or other nonsparking implements shall be used to 
punch holes in an explosive cartridge.
    (m) Tamping poles shall be blunt and squared at one end and made of 
wood, nonsparking material, or of special

[[Page 647]]

plastic acceptable to the Mine Safety and Health Administration.
    (n) Delay connectors for firing detonating cord shall be treated and 
handled with the same safety precautions as blasting caps and electric 
detonators.
    (o) Capped primers shall be made up at the time of charging and as 
close to the blasting site as conditions allow.
    (p) A capped primer shall be prepared so that the detonator is 
contained securely and is completely embedded within the explosive 
cartridge.
    (q) No tamping shall be done directly on a capped primer.
    (r) Detonating cord shall not be used if it has been kinked, bent, 
or otherwise handled in such a manner that the train of detonation may 
be interrupted.
    (s) Fuse shall not be used if it has been kinked, bent sharply, or 
handled roughly in such a manner that the train of deflagration may be 
interrupted.
    (t) Blasting caps shall be crimped to fuses only with implements 
designed for that specific purpose.
    (u) When firing from 1 to 15 blast-holes with safety fuse ignited 
individually using hand-held lighters, the fuses shall be of such 
lengths to provide the minimum burning time specified in the following 
table for a particular size round:

------------------------------------------------------------------------
                                                                Minimum
                                                                burning
                 Number of holes in a round                      time,
                                                                minutes
------------------------------------------------------------------------
1...........................................................           2
2 to 5......................................................      2\2/3\
6 to 10.....................................................      3\1/3\
11 to 15....................................................           5
------------------------------------------------------------------------


In no case shall any 40-second-per-foot safety fuse less than 36 inches 
long or any 30-second-per-foot safety fuse less than 48 inches long be 
used.
    (v) The burning rate of the safety fuse in use at any time shall be 
measured, posted in conspicuous locations, and brought to the attention 
of all men concerned with blasting.
    (w) Electric detonators of different brands shall not be used in the 
same round.
    (x) Adequate priming shall be employed to guard against misfires, 
increased toxic fumes, and poor performance.
    (y) Except when being tested with a blasting galvanometer:
    (1) Electric detonators shall be kept shunted until they are being 
connected to the blasting line or wired into a blasting round.
    (2) Wired rounds shall be kept shunted until they are being 
connected to the blasting line.
    (3) Blasting lines shall be kept shunted until immediately before 
blasting.
    (z) Completely wired rounds shall be tested with a blasting 
galvanometer before connections are made to the blasting line.
    (aa) Permanent blasting lines shall be properly supported, 
insulated, and kept in good repair.
    (bb) At least a 5-foot airgap shall be provided between the blasting 
circuit and the power circuit.
    (cc) When instantaneous blasting is performed, the double-trunkline 
or loop system shall be used in detonating-cord blasting.
    (dd) When instantaneous blasting is performed, trunklines, in 
multiple-row blasts, shall make one or more complete loops, with 
crossties between loops at intervals of not over 200 feet.
    (ee) All detonating cord knots shall be tight and all connections 
shall be kept at right angles to the trunklines.
    (ff) Power sources shall be suitable for the number of electrical 
detonators to be fired and for the type of circuits used.
    (gg) Electric circuits from the blasting switches to the blast area 
shall not be grounded.
    (hh) Safety switches and blasting switches shall be labeled, encased 
in boxes, and arranged so that the covers of the boxes cannot be closed 
with the switches in the through-circuit or firing position.
    (ii) Blasting switches shall be locked in the open position, except 
when closed to fire the blast. Lead wires shall not be connected to the 
blasting switch until the shot is ready to be fired.
    (jj) The key or other control to an electrical firing device shall 
be entrusted only to the person designated to fire the round or rounds.
    (kk) If branch circuits are used when blasts are fired from power 
circuits,

[[Page 648]]

safety switches located at safe distances from the blast areas shall be 
provided in addition to the main blasting switch.
    (ll) Misfires shall be reported to the proper supervisor and shall 
be disposed of safely before any other work is performed in that 
blasting area.
    (mm) When safety fuse has been used, men shall not return to 
misfired holes for at least 30 minutes.
    (nn) When electric blasting caps have been used, men shall not 
return to misfired holes for at least 15 minutes.
    (oo) If explosives are suspected of burning in a hole, all persons 
in the endangered area shall move to a safe location and no one should 
return to the hole until the danger has passed, but in no case within 1 
hour.
    (pp) Blasted areas shall be examined for undetonated explosives 
after each blast and undetonated explosives found shall be disposed of 
safely.
    (qq) Blasted areas shall not be reentered by any person after firing 
until such time as concentrations of smoke, dust, or fumes have been 
reduced to safe limits.
    (rr) In secondary blasting, if more than one shot is to be fired at 
one time, blasting shall be done electrically or with detonating cord.
    (ss) Unused explosives and detonators shall be moved to a safe 
location as soon as charging operations are completed.
    (tt) When electric detonators are used, charging shall be stopped 
immediately when the presence of static electricity or stray currents is 
detected; the condition shall be remedied before charging is resumed.
    (uu) When electric detonators are used, charging shall be suspended 
and men withdrawn to a safe location upon the approach of an electrical 
storm.



Sec. 77.1304  Blasting agents; special provisions.

    (a) Sensitized ammonium nitrate blasting agents, and the components 
thereof prior to mixing, shall be mixed and stored in accordance with 
the recommendations in Bureau of Mines Information Circular 8179, 
``Safety Recommendations for Sensitized Ammonium Nitrate Blasting 
Agents,'' or subsequent revisions.
    (b) Where pneumatic loading is employed, before any type of blasting 
operation using blasting agents is put into effect, an evaluation of the 
potential hazard of static electricity shall be made. Adequate steps, 
including the grounding and bonding of the conductive parts of pneumatic 
loading equipment, shall be taken to eliminate the hazard of static 
electricity before blasting agent use is commenced.
    (c) Pneumatic loading equipment shall not be grounded to waterlines, 
airlines, rails, or the permanent electrical grounding systems.
    (d) Hoses used in connection with pneumatic loading machines shall 
be of the semiconductive type, having a total resistance low enough to 
permit the dissipation of static electricity and high enough to limit 
the flow of stray electric currents to a safe level. Wire-countered hose 
shall not be used because of the potential hazard from stray electric 
currents.



                      Subpart O_Personnel Hoisting



Sec. 77.1400  Personnel hoists and elevators.

    Except as provided in Sec. 77.1430, the sections in this Subpart O 
apply only to hoists and elevators, together with their appurtenances, 
that are used for hoisting persons.

(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as 
amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811))

[48 FR 53241, Nov. 25, 1983]



Sec. 77.1401  Automatic controls and brakes.

    Hoists and elevators shall be equipped with overspeed, overwind, and 
automatic stop controls and with brakes capable of stopping the elevator 
when fully loaded.



Sec. 77.1402  Rated capacity.

    Hoists and elevators shall have rated capacities consistent with the 
loads handled.

(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as 
amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811))

[48 FR 53241, Nov. 25, 1983]

[[Page 649]]



Sec. 77.1402-1  Maximum load; posting.

    The operator shall designate the maximum number of men permitted to 
ride on each hoist or elevator at one time; this limit shall be posted 
on each elevator and on each landing.

[36 FR 9364, May 22, 1971. Redesignated at 48 FR 53241, Nov. 25, 1983]



Sec. 77.1403  Daily examination of hoisting equipment.

    Hoists and elevators shall be examined daily and such examinations 
shall include, but not be limited to, the following:
    (a) Elevators. (1) A visual examination of the ropes for wear, 
broken wires, and corrosion, especially at excessive strain points such 
as near the attachments and where the rope rests on the sheaves;
    (2) An examination of the elevator for loose, missing or defective 
parts;
    (b) Hoists and elevators. (1) An examination of the rope fastenings 
for defects;
    (2) An examination of sheaves for broken flanges, defective 
bearings, rope alignment, and proper lubrication; and
    (3) An examination of the automatic controls and brakes required 
under Sec. 77.1401.

(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as 
amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811)

[48 FR 53241, Nov. 25, 1983]



Sec. 77.1404  Certifications and records of daily examinations.

    At the completion of each daily examination required by Sec. 
77.1403, the person making the examination shall certify, by signature 
and date, that the examination has been made. If any unsafe condition is 
found during the examinations required by Sec. 77.1403, the person 
conducting the examination shall make a record of the condition and the 
date. Certifications and records shall be retained for one year.

(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as 
amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811))

[48 FR 53241, Nov. 25, 1983, as amended at 60 FR 33723, June 29, 1995]



Sec. 77.1405  Operation of hoisting equipment after repairs.

    Empty conveyances shall be operated at least one round trip before 
hoisting persons after any repairs.

(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as 
amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811))

[48 FR 53241, Nov. 25, 1983]

                               Wire Ropes

    Authority: Sections 77.1430 through 77.1438 issued under sec. 101, 
Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by 
Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811).

    Source: Sections 77.1430 through 77.1438 appear at 48 FR 53241, Nov. 
25, 1983, unless otherwise noted.



Sec. 77.1430  Wire ropes; scope.

    (a) Sections 77.1431 through 77.1438 apply to wire ropes in service 
used to hoist--
    (1) Persons in shafts and slopes underground;
    (2) Persons with an incline hoist on the surface; or
    (3) Loads in shaft or slope development when persons work below 
suspended loads.
    (b) These standards do not apply to wire ropes used for elevators.



Sec. 77.1431  Minimum rope strength.

    At installation, the nominal strength (manufacturer's published 
catalog strength) of wire ropes used for hoisting shall meet the minimum 
rope strength values obtained by the following formulas in which ``L'' 
equals the maximum suspended rope length in feet:
    (a) Winding drum ropes (all constructions, including rotation 
resistant).

For rope lengths less than 3,000 feet:
    Minimum Value=Static Loadx(7.0-0.001L)
For rope lengths 3,000 feet or greater:
    Minimum Value=Static Loadx4.0

    (b) Friction drum ropes.

For rope lengths less than 4,000 feet:
    Minimum Value=Static Loadx(7.0-0.0005L)
For rope lengths 4,000 feet or greater:
    Minimum Value=Static Loadx5.0

    (c) Tail ropes (balance ropes).


[[Page 650]]


Minimum Value=Weight of Ropex7.0

[48 FR 53241, Nov. 25, 1983; 48 FR 54975, Dec. 8, 1983]



Sec. 77.1432  Initial measurement.

    After initial rope stretch but before visible wear occurs, the rope 
diameter of newly installed wire ropes shall be measured at least once 
in every third interval of active length and the measurements averaged 
to establish a baseline for subsequent measurements. A record of the 
measurements and the date shall be made by the person taking the 
measurements. This record shall be retained until the rope is retired 
from service.

[48 FR 53241, Nov. 25, 1983, as amended at 60 FR 33723, June 29, 1995]



Sec. 77.1433  Examinations.

    (a) At least once every fourteen calendar days, each wire rope in 
service shall be visually examined along its entire active length for 
visible structural damage, corrosion, and improper lubrication or 
dressing. In addition, visual examination for wear and broken wires 
shall be made at stress points, including the area near attachments, 
where the rope rests on sheaves, where the rope leaves the drum, at drum 
crossovers, and at change-of-layer regions. When any visible condition 
that results in a reduction of rope strength is present, the affected 
portion of the rope shall be examined on a daily basis.
    (b) Before any person is hoisted with a newly installed wire rope or 
any wire rope that has not been examined in the previous fourteen 
calendar days, the wire rope shall be examined in accordance with 
paragraph (a) of this section.
    (c) At least once every six months, nondestructive tests shall be 
conducted of the active length of the rope, or rope diameter 
measurements shall be made--
    (1) Wherever wear is evident;
    (2) Where the hoist rope rests on sheaves at regular stopping 
points;
    (3) Where the hoist rope leaves the drum at regular stopping points; 
and
    (4) At drum crossover and change-of-layer regions.
    (d) At the completion of each examination required by paragraph (a) 
of this section, the person making the examination shall certify, by 
signature and date, that the examination has been made. If any condition 
listed in paragraph (a) of this standard is present, the person 
conducting the examination shall make a record of the condition and the 
date. Certifications and records of examinations shall be retained for 
one year.
    (e) The person making the measurements or nondestructive tests as 
required by paragraph (c) of this section shall record the measurements 
or test results and the date. This record shall be retained until the 
rope is retired from service.

[48 FR 53241, Nov. 25, 1983; 48 FR 54975, Dec. 8, 1983, 60 FR 33723, 
June 29, 1995]



Sec. 77.1434  Retirement criteria.

    Unless damage or deterioration is removed by cutoff, wire ropes 
shall be removed from service when any of the following conditions 
occurs:
    (a) The number of broken wires within a rope lay length, excluding 
filler wires, exceeds either--
    (1) Five percent of the total number of wires; or
    (2) Fifteen percent of the total number of wires within any strand;
    (b) On a regular lay rope, more than one broken wire in the valley 
between strands in one rope lay length;
    (c) A loss of more than one-third of the original diameter of the 
outer wires;
    (d) Rope deterioriation from corrosion;
    (e) Distortion of the rope structure;
    (f) Heat damage from any source;
    (g) Diameter reduction due to wear that exceeds six percent of the 
baseline diameter measurement; or
    (h) Loss of more than ten percent of rope strength as determined by 
nondestructive testing.



Sec. 77.1435  Load end attachments.

    (a) Wire rope shall be attached to the load by a method that 
develops at least 80 percent of the nominal strength of the rope.
    (b) Except for terminations where use of other materials is a design 
feature, zinc (spelter) shall be used for socketing wire ropes. Design 
feature means either the manufacturer's original design or a design 
approved by a registered professional engineer.

[[Page 651]]

    (c) Load end attachment methods using splices are prohibited.



Sec. 77.1436  Drum end attachment.

    (a) For drum end attachment, wire rope shall be attached--
    (1) Securely by clips after making one full turn around the drum 
spoke;
    (2) Securely by clips after making one full turn around the shaft, 
if the drum is fixed to the shaft; or
    (3) By properly assembled anchor bolts, clamps, or wedges, provided 
that the attachment is a design feature of the hoist drum. Design 
feature means either the manufacturer's original design or a design 
approved by a registered professional engineer.
    (b) A minimum of three full turns of wire rope shall be on the drum 
when the rope is extended to its maximum working length.



Sec. 77.1437  End attachment retermination.

    Damaged or deteriorated wire rope shall be removed by cutoff and the 
rope reterminated where there is--
    (a) More than one broken wire at an attachment;
    (b) Improper installation of an attachment;
    (c) Slippage at an attachment; or
    (d) Evidence of deterioration from corrosion at an attachment.



Sec. 77.1438  End attachment replacement.

    Wire rope attachments shall be replaced when cracked, deformed, or 
excessively worn.



                         Subpart P_Auger Mining



Sec. 77.1500  Auger mining; planning.

    Auger mining shall be planned and conducted by the operator to 
insure against any hazard to underground workings located at or near 
such auger operations and all auger holes shall be located so as to 
prevent:
    (a) The disruption of the ventilation system of any active 
underground mine;
    (b) Inundation hazards from surface water entering any active 
underground mine;
    (c) Damage to the roof and ribs of active underground workings; and
    (d) Intersection of auger holes with underground mine workings known 
to contain dangerous quantities of impounded water.



Sec. 77.1501  Auger mining; inspections.

    (a) The face of all highwalls, to a distance of 25 feet on both 
sides of each drilling site, shall be inspected by a certified person 
before any augering operation is begun, and at least once during each 
coal producing shift and all loose material shall be removed from the 
drilling site before persons are permitted to enter the drilling area. 
The results of all such inspections shall be recorded daily in a book 
approved by the Secretary.
    (b) In addition, the face of all highwalls, to a distance of 25 feet 
on both sides of each drilling site, shall be inspected frequently by a 
certified person during any auger operation conducted either during or 
after a heavy rainfall or during any period of intermittent freezing and 
thawing and the results of such inspections shall be recorded as 
provided in paragraph (a) of this section.
    (c) When an auger hole penetrates an abandoned or mined out area of 
an underground mine, tests for methane and oxygen deficiency shall be 
made at the collar of the hole by a qualified person using devices 
approved by the Secretary to determine if dangerous quantities of 
methane or oxygen-deficient air are present or being emitted. If such is 
found no further work shall be performed until the atmosphere has been 
made safe.
    (d) Tests for oxygen deficiency shall be conducted with a 
permissible flame safety lamp or other means approved by the Secretary 
and all tests for methane shall be conducted with a methane detector 
approved by the Secretary.
    (e) Internal combustion engines shall not be operated in the 
vicinity of any auger hole in which tests for methane or oxygen 
deficiency are being made.



Sec. 77.1502  Auger holes; restriction against entering.

    No person shall be permitted to enter an auger hole except with the 
approval of the Coal Mine Health and Safety

[[Page 652]]

District Manager or Subdistrict Manager of the district in which the 
mine is located and under such conditions as may be prescribed by such 
managers.



Sec. 77.1503  Augering equipment; overhead protection.

    (a) Auger machines which are exposed to highwall hazards, together 
with all those parts of any coal elevating conveyors where persons are 
required to work during augering operations, shall be covered with heavy 
gage screen which does not obstruct the view of the highwall and is 
strong enough to prevent injuries to workmen from falling material.
    (b) No work shall be done under any overhang and, when a crew is 
engaged in connecting or disconnecting auger sections under a highwall, 
at least one person shall be assigned to observe the highwall for 
possible movement.



Sec. 77.1504  Auger equipment; operation.

    (a) Persons shall be kept clear of the auger train while it is in 
motion and shall not be permitted to pass under or over an auger train, 
except where adequate crossing facilities are provided.
    (b) Persons shall be kept clear of auger sections being swung into 
position.
    (c) No person, including the auger machine operator, shall, where 
practicable, be stationed in direct line with a borehole during augering 
operations.
    (d) Operator of auger equipment shall not leave the controls of such 
equipment while the auger is in operation.
    (e) Adequate illumination shall be provided for work areas after 
dark.



Sec. 77.1505  Auger holes; blocking.

    Auger holes shall be blocked with highwall spoil or other suitable 
material before they are abandoned.



                      Subpart Q_Loading and Haulage



Sec. 77.1600  Loading and haulage; general.

    (a) Only authorized persons shall be permitted on haulage roads and 
at loading or dumping locations.
    (b) Traffic rules, signals, and warning signs shall be standardized 
at each mine and posted.
    (c) Where side or overhead clearances on any haulage road or at any 
loading or dumping location at the mine are hazardous to mine workers, 
such areas shall be conspicuously marked and warning devices shall be 
installed when necessary to insure the safety of the workers.



Sec. 77.1601  Transportation of persons; restrictions.

    No person shall be permitted to ride or be otherwise transported on 
or in the following equipment whether loaded or empty:
    (a) Dippers, shovels, buckets, forks, and clamshells;
    (b) The cargo space of dump trucks or haulage equipment used to 
transport coal or other material;
    (c) Outside the cabs and beds of mobile equipment;
    (d) Chain, belt, or bucket conveyors, except where such conveyors 
are specifically designed to transport persons; and
    (e) Loaded buckets on aerial tramways.



Sec. 77.1602  Use of aerial tramways to transport persons.

    Persons other than maintenance men shall not ride empty buckets on 
aerial tramways unless the following features are provided:
    (a) Two independent brakes, each capable of holding the maximum 
load.
    (b) Direct communication between terminals.
    (c) Power drives with emergency power available in case of primary 
power failure.
    (d) Buckets equipped with positive locks to prevent accidental 
tripping or dumping.



Sec. 77.1603  Trains and locomotives; authorized persons.

    (a) Only authorized persons shall be permitted to ride on trains or 
locomotives and they shall ride in a safe position.
    (b) Men shall not get on or off moving equipment, except that 
trainmen may get on or off of slowly moving trains.

[[Page 653]]



Sec. 77.1604  Transportation of persons; overcrowding.

    (a) No man-trip vehicle or other conveyance used to transport 
persons to and from work areas at surface coal mines shall be 
overcrowded and all persons shall ride in a safe position.
    (b) Supplies, materials, and tools other than small handtools shall 
not be transported with men in man-trip vehicles unless such vehicles 
are specifically designed to make such transportation safe.



Sec. 77.1605  Loading and haulage equipment; installations.

    (a) Cab windows shall be of safety glass or equivalent, in good 
condition and shall be kept clean.
    (b) Mobile equipment shall be equipped with adequate brakes, and all 
trucks and front-end loaders shall also be equipped with parking brakes.
    (c) Positive-action type brakes shall be provided on aerial 
tramways.
    (d) Mobile equipment shall be provided with audible warning devices. 
Lights shall be provided on both ends when required.
    (e) Guard nets or other suitable protection shall be provided where 
tramways pass over roadways, walkways, or buildings.
    (f) Guards shall be installed to prevent swaying buckets from 
hitting towers.
    (g) Aerial tramway cable connections shall be designed to offer 
minimum obstruction to the passage of wheels.
    (h) Rocker-bottom or bottom-dump cars shall be equipped with 
positive locking devices, or other suitable devices.
    (i) Ramps and dumps shall be of solid construction, of ample width, 
have ample clearance and headroom, and be kept reasonably free of 
spillage.
    (j) Chute-loading installations shall be designed so that the men 
pulling chutes are not required to be in a hazardous position during 
loading operations.
    (k) Berms or guards shall be provided on the outer bank of elevated 
roadways.
    (l) Berms, bumper blocks, safety hooks, or similar means shall be 
provided to prevent overtravel and overturning at dumping locations.
    (m) Roadbeds, rails, joints, switches, frogs, and other elements on 
railroads shall be designed, installed, and maintained in a safe manner 
consistent with the speed and type of haulage.
    (n) Where practicable, a minimum of 30 inches continuous clearance 
from the farthest projection of moving railroad equipment shall be 
provided on at least one side of the tracks; all places where it is not 
possible to provide 30-inch clearance shall be marked conspicuously.
    (o) Track guardrails, lead rails, and frogs shall be protected or 
blocked so as to prevent a person's foot from becoming wedged.
    (p) Positive-acting stop-blocks, derail devices, track skates, or 
other adequate means shall be installed wherever necessary to protect 
persons from runaway or moving railroad equipment.
    (q) Switch throws shall be installed so as to provide adequate 
clearance for switchmen.
    (r) Where necessary, bumper blocks or the equivalent shall be 
provided at all track dead ends.



Sec. 77.1606  Loading and haulage equipment; inspection and maintenance.

    (a) Mobile loading and haulage equipment shall be inspected by a 
competent person before such equipment is placed in operation. Equipment 
defects affecting safety shall be recorded and reported to the mine 
operator.
    (b) Carriers on aerial tramways, including loading and unloading 
mechanisms, shall be inspected each shift; brakes shall be inspected 
daily; ropes and supports shall be inspected as recommended by the 
manufacturer or as physical conditions warrant. Equipment defects 
affecting safety shall be reported to the mine operator.
    (c) Equipment defects affecting safety shall be corrected before the 
equipment is used.



Sec. 77.1607  Loading and haulage equipment; operation.

    (a) Vehicles shall follow at a safe distance; passing shall be 
limited to areas of adequate clearance and visibility.
    (b) Mobile equipment operators shall have full control of the 
equipment while it is in motion.

[[Page 654]]

    (c) Equipment operating speeds shall be prudent and consistent with 
conditions of roadway, grades, clearance, visibility, traffic, and the 
type of equipment used.
    (d) Cabs of mobile equipment shall be kept free of extraneous 
materials.
    (e) Operators shall sit facing the direction of travel while 
operating equipment with dual controls.
    (f) When an equipment operator is present, men shall notify him 
before getting on or off equipment.
    (g) Equipment operators shall be certain, by signal or other means, 
that all persons are clear before starting or moving equipment.
    (h) Where possible, aerial tramways shall not be started until the 
tramway operator has ascertained that everyone is in the clear.
    (i) Dust control measures shall be taken where dust significantly 
reduces visibility of equipment operators.
    (j) Dippers, buckets, loading booms, or heavy suspended loads shall 
not be swung over the cabs of haulage vehicles until the drivers are out 
of the cabs and in safe locations, unless the trucks are designed 
specifically to protect the drivers from falling material.
    (k) Men shall not work or pass under the buckets or booms of loaders 
in operation.
    (l) Tires shall be deflated before repairs on them are started and 
adequate means shall be provided to prevent wheel locking rims from 
creating a hazard during tire inflation.
    (m) Electrically powered mobile equipment shall not be left 
unattended unless the master switch is in the off position, all 
operating controls are in the neutral position, and the brakes are set 
or other equivalent precautions are taken against rolling.
    (n) Mobile equipment shall not be left unattended unless the brakes 
are set. The wheels shall be turned into a bank or berm, or shall be 
blocked, when such equipment is parked on a grade.
    (o) Lights, flares, or other warning devices shall be posted when 
parked equipment creates a hazard to vehicular traffic.
    (p) Dippers, buckets, scraper blades, and similar movable parts 
shall be secured or lowered to the ground when not in use.
    (q) Shovel trailing cables shall not be moved with the shovel dipper 
unless cable slings or sleds are used.
    (r) Equipment which is to be hauled shall be loaded and protected so 
as to prevent sliding or spillage.
    (s) When moving between work areas, the equipment shall be secured 
in the travel position.
    (t) Any load extending more than 4 feet beyond the rear of the 
vehicle body should be marked clearly with a red flag by day and a red 
light at night.
    (u) Tow bars shall be used to tow heavy equipment and a safety chain 
shall be used in conjunction with each tow bar.
    (v) Railroad cars shall be kept under control at all times by the 
car dropper. Cars shall be dropped at a safe rate and in a manner that 
will insure that the car dropper maintains a safe position while working 
and traveling around the cars.
    (w) Railroad cars shall not be coupled or uncoupled manually from 
the inside of curves unless the railroad and cars are so designed to 
eliminate any hazard from coupling or uncoupling cars from inside of 
curves.
    (x) Persons shall wear safety belts when dropping railroad cars.
    (y) Railcars shall not be left on sidetracks unless ample clearance 
is provided for traffic on adjacent tracks.
    (z) Parked railcars, unless held effectively by brakes, shall be 
blocked securely.
    (aa) Railroad cars and all trucks shall be trimmed properly when 
they have been loaded higher than the confines of their cargo space.
    (bb) When the entire length of a conveyor is visible from the 
starting switch, the operator shall visually check to make certain that 
all persons are in the clear before starting the conveyor. When the 
entire length of the conveyor is not visible from the starting switch, a 
positive audible or visible warning system shall be installed and 
operated to warn persons that the conveyor will be started.
    (cc) Unguarded conveyors with walkways shall be equipped with 
emergency stop devices or cords along their full length.

[[Page 655]]

    (dd) Adequate backstops or brakes shall be installed on inclined-
conveyor drive units to prevent conveyors from running in reverse if a 
hazard to personnel would be caused.
    (ee) Aerial tram conveyor buckets shall not be overloaded, and feed 
shall be regulated to prevent spillage.



Sec. 77.1608  Dumping facilities.

    (a) Dumping locations and haulage roads shall be kept reasonably 
free of water, debris, and spillage.
    (b) Where the ground at a dumping place may fail to support the 
weight of a loaded dump truck, trucks shall be dumped a safe distance 
back from the edge of the bank.
    (c) Adequate protection shall be provided at dumping locations where 
persons may be endangered by falling material.
    (d) Grizzlies, grates, and other sizing devices at dump and transfer 
points shall be anchored securely in place.
    (e) If truck spotters are used, they shall be well in the clear 
while trucks are backing into dumping position and dumping; lights shall 
be used at night to direct trucks.



                         Subpart R_Miscellaneous



Sec. 77.1700  Communications in work areas.

    No employee shall be assigned, or allowed, or be required to perform 
work alone in any area where hazardous conditions exist that would 
endanger his safety unless he can communicate with others, can be heard, 
or can be seen.



Sec. 77.1701  Emergency communications; requirements.

    (a) Each operator of a surface coal mine shall establish and 
maintain a communication system from the mine to the nearest point of 
medical assistance for use in an emergency.
    (b) The emergency communication system required to be maintained 
under paragraph (a) of this section may be established by telephone or 
radio transmission or by any other means of prompt communication to any 
facility (for example, the local sheriff, the State highway patrol, or 
local hospital) which has available the means of communication with the 
person or persons providing emergency medical assistance or 
transportation in accordance with the provisions of paragraph (a) of 
this section.



Sec. 77.1702  Arrangements for emergency medical assistance and 

transportation for injured persons; reporting requirements; posting 
requirements.

    (a) Each operator of a surface coal mine shall make arrangements 
with a licensed physician, medical service, medical clinic, or hospital 
to provide 24-hour emergency medical assistance for any person injured 
at the mine.
    (b) Each operator shall make arrangements with an ambulance service, 
or otherwise provide for 24-hour emergency transportation for any person 
injured at the mine.
    (c) Each operator shall, on or before September 30, 1971, report to 
the Coal Mine Health and Safety District Manager for the district in 
which the mine is located the name, title and address of the physician, 
medical service, medical clinic, hospital, or ambulance service with 
whom arrangements have been made, or otherwise provided, in accordance 
with the provisions of paragraphs (a) and (b) of this section.
    (d) Each operator shall, within 10 days after any change of the 
arrangements required to be reported under the provisions of this 
section, report such changes to the Coal Mine Health and Safety District 
Manager. If such changes involve a substitution of persons, the operator 
shall provide the name, title, and address of the person substituted 
together with the name and address of the medical service, medical 
clinic, hospital, or ambulance service with which such person or persons 
are associated.
    (e) Each operator shall, immediately after making an arrangement 
required under the provisions of paragraphs (a) and (b) of this section, 
or immediately after any change, of such agreement, post at appropriate 
places at the mine

[[Page 656]]

the names, titles, addresses, and telephone numbers of all persons or 
services currently available under such arrangements to provide medical 
assistance and transportation at the mine.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971; 60 
FR 33723, June 29, 1995]



Sec. 77.1703  First-Aid training; supervisory employees.

    The mine operator shall conduct first-aid training courses for 
selected supervisory employees at the mine. Within 60 days after the 
selection of a new supervisory employee to be so trained, the mine 
operator shall certify by signature and date the name of the employee 
and date on which the employee satisfactorily completed the first-aid 
training course. The certification shall be kept at the mine and made 
available on request to an authorized representative of the Secretary.

[56 FR 1478, Jan. 14, 1991]



Sec. 77.1704  First aid training program; availability of instruction 
to all miners.

    On or before December 30, 1971, each operator of a surface coal mine 
shall make available to all miners employed in the mine a course of 
instruction in first aid conducted by the operator or under the auspices 
of the operator, and such a course of instruction shall be made 
available to newly employed miners within 6 months after the date of 
employment.



Sec. 77.1705  First aid training program; retraining of supervisory 
employees; availability to all miners.

    Beginning January 1, 1972, each operator of a surface coal mine 
shall conduct refresher first aid training programs each calendar year 
for all selected supervisory employees and make available refresher 
first aid training courses to all miners employed in the mine.

[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971]



Sec. 77.1706  First aid training program; minimum requirements.

    (a) All first aid training programs required under the provisions of 
Sec. Sec. 77.1703 and 77.1704 shall include 10 class hours of training 
in a course of instruction similar to that outlined in ``First Aid, A 
Bureau of Mines Instruction Manual.''
    (b) Refresher first aid training programs required under the 
provisions of Sec. 77.1705 shall include 5 class hours of refresher 
training in a course of instruction similar to that outlined in ``First 
Aid, A Bureau of Mines Instruction Manual.''



Sec. 77.1707  First aid equipment; location; minimum requirements.

    (a) Each operator of a surface coal mine shall maintain a supply of 
the first aid equipment set forth in paragraph (b) of this section at or 
near each working place where coal is being mined, at each preparation 
plant and at shops and other surface installation where ten or more 
persons are regularly employed.
    (b) The first aid equipment required to be maintained under the 
provisions of paragraph (a) of this section shall include at least the 
following:
    (1) One stretcher;
    (2) One broken-back board (if a splint-stretcher combination is used 
it will satisfy the requirements of both paragraph (b) (1) of this 
section and this paragraph (b) (2));
    (3) Twenty-four triangular bandages (15 if a splint-stretcher 
combination is used);
    (4) Eight 4-inch bandage compresses;
    (5) Eight 2-inch bandage compresses;
    (6) Twelve 1-inch adhesive compresses;
    (7) An approved burn remedy;
    (8) Two cloth blankets;
    (9) One rubber blanket or equivalent substitute;
    (10) Two tourniquets;
    (11) One 1-ounce bottle of aromatic spirits of ammonia or 1 dozen 
ammonia ampules; and,
    (12) The necessary complements of arm and leg splints or two each 
inflatable plastic arm and leg splints.
    (c) All first aid supplies required to be maintained under the 
provisions of paragraphs (a) and (b) of this section

[[Page 657]]

shall be stored in suitable, sanitary, dust tight, moisture proof 
containers and such supplies shall be accessible to the miners.



Sec. 77.1708  Safety program; instruction of persons employed at the mine.

    On or before September 30, 1971, each operator of a surface coal 
mine shall establish and maintain a program of instruction with respect 
to the safety regulations and procedures to be followed at the mine and 
shall publish and distribute to each employee, and post in conspicuous 
places throughout the mine, all such safety regulations and procedures 
established in accordance with the provisions of this section.

[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971]



Sec. 77.1710  Protective clothing; requirements.

    Each employee working in a surface coal mine or in the surface work 
areas of an underground coal mine shall be required to wear protective 
clothing and devices as indicated below:
    (a) Protective clothing or equipment and face-shields or goggles 
shall be worn when welding, cutting, or working with molten metal or 
when other hazards to the eyes exist.
    (b) Suitable protective clothing to cover the entire body when 
handling corrosive or toxic substances or other materials which might 
cause injury to the skin.
    (c) Protective gloves when handling materials or performing work 
which might cause injury to the hands; however, gloves shall not be worn 
where they would create a greater hazard by becoming entangled in the 
moving parts of equipment.
    (d) A suitable hard hat or hard cap when in or around a mine or 
plant where falling objects may create a hazard. If a hard hat or hard 
cap is painted, nonmetallic based paint shall be used.
    (e) Suitable protective footwear.
    (f) Snug-fitting clothing when working around moving machinery or 
equipment.
    (g) Safety belts and lines where there is danger of falling; a 
second person shall tend the lifeline when bins, tanks, or other 
dangerous areas are entered.
    (h) Lifejackets or belts where there is danger from falling into 
water.
    (i) Seatbelts in a vehicle where there is a danger of overturning 
and where roll protection is provided.

(Sec. 101(a), Federal Coal Mine Health and Safety Act of 1969, as 
amended (83 Stat. 745; 30 U.S.C. 811(a))

[36 FR 9382, May 22, 1971, as amended at 36 FR 13143, July 15, 1971; 39 
FR 7176, Feb. 25, 1974]



Sec. 77.1710-1  Distinctively colored hard hats or hard caps; 
identification for newly employed, inexperienced miners.

    Hard hats or hard caps distinctively different in color from those 
worn by experienced miners shall be worn at all times by each newly 
employed, inexperienced miner when working in or around a mine or plant 
for at least one year from the date of his initial employment as a miner 
or until he has been qualified or certified as a miner by the State in 
which he is employed.

(Sec. 101(a), Federal Coal Mine Health and Safety Act of 1969, as 
amended (83 Stat. 745; 30 U.S.C. 811(a))

[39 FR 7176, Feb. 25, 1974]



Sec. 77.1711  Smoking prohibition.

    No person shall smoke or use an open flame where such practice may 
cause a fire or explosion.



Sec. 77.1712  Reopening mines; notification; inspection prior to mining.

    Prior to reopening any surface coal mine after it has been abandoned 
or declared inactive by the operator, the operator shall notify the Coal 
Mine Health and Safety District Manager for the district in which the 
mine is located, and an inspection of the entire mine shall be completed 
by an authorized representative of the Secretary before any mining 
operations in such mine are instituted.



Sec. 77.1713  Daily inspection of surface coal mine; certified person; 
reports of inspection.

    (a) At least once during each working shift, or more often if 
necessary for safety, each active working area and each active surface 
installation shall

[[Page 658]]

be examined by a certified person designated by the operator to conduct 
such examinations for hazardous conditions and any hazardous conditions 
noted during such examinations shall be reported to the operator and 
shall be corrected by the operator.
    (b) If any hazardous condition noted during an examination conducted 
in accordance with paragraph (a) of this section creates an imminent 
danger, the person conducting such examination shall notify the operator 
and the operator shall withdraw all persons from the area affected, 
except those persons referred to in section 104(d) of the Act, until the 
danger is abated.
    (c) After each examination conducted in accordance with the 
provisions of paragraph (a) of this section, each certified person who 
conducted all or any part of the examination required shall enter with 
ink or indelible pencil in a book approved by the Secretary the date and 
a report of the condition of the mine or any area of the mine which he 
has inspected together with a report of the nature and location of any 
hazardous condition found to be present at the mine. The book in which 
such entries are made shall be kept in an area at the mine designated by 
the operator to minimize the danger of destruction by fire or other 
hazard.
    (d) All examination reports recorded in accordance with the 
provisions of paragraph (c) of this section shall include a report of 
the action taken to abate hazardous conditions and shall be signed or 
countersigned each day by at least one of the following persons:
    (1) The surface mine foreman;
    (2) The assistant superintendent of the mine;
    (3) The superintendent of the mine;
    (4) The person designated by the operator as responsible for health 
and safety at the mine; or,
    (5) An equivalent mine official.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[36 FR 9364, May 22, 1971, as amended at 60 FR 33723, June 29, 1995; 63 
FR 58613, Oct. 30, 1998]



            Subpart S_Trolley Wires and Trolley Feeder Wires



Sec. 77.1800  Cutout switches.

    Trolley wires and trolley feeder wires shall be provided with cutout 
switches at intervals of not more than 2,000 feet and near the beginning 
of all branch lines.



Sec. 77.1801  Overcurrent protection.

    Trolley wires and trolley feeder wires shall be provided with 
overcurrent protection.



Sec. 77.1801-1  Devices for overcurrent protection.

    Automatic circuit interrupting devices that will deenergize the 
affected circuit upon occurrence of a short circuit at any point in the 
system will meet the requirements of Sec. 77.1801.



Sec. 77.1802  Insulation of trolley wires, trolley feeder wires and bare 
signal wires; guarding of trolley wires and trolley feeder wires.

    Trolley wires, trolley feeder wires, and bare signal wires shall be 
adequately guarded:
    (a) At all points where men are required to work or pass regularly 
under the wires; and
    (b) At man-trip stations.
    The Secretary or his authorized representative shall specify other 
conditions where trolley wires and trolley feeder wires shall be 
adequately protected to prevent contact by any person, or shall require 
the use of improved methods to prevent such contact. Temporary guards 
shall be provided where trackmen and other persons are required to work 
in proximity to trolley wires and trolley feeder wires.



                    Subpart T_Slope and Shaft Sinking



Sec. 77.1900  Slopes and shafts; approval of plans.

    (a) Each operator of a coal mine shall prepare and submit for 
approval by the Coal Mine Health and Safety District Manager for the 
district in which the mine is located, a plan providing for

[[Page 659]]

the safety of workmen in each slope or shaft that is commenced or 
extended after June 30, 1971. The plan shall be consistent with prudent 
engineering design. The methods employed by the operator shall be 
selected to minimize the hazards to those employed in the initial or 
subsequent development of any such slope or shaft, and the plan shall 
include the following:
    (1) The name and location of the mine, and the Mine Safety and 
Health Administration mine identification number, if known;
    (2) The name and address of the mine operator;
    (3) A description of the construction work and methods to be used in 
the construction of the slope or shaft, and whether part or all of the 
work will be performed by a contractor and a description of that part of 
the work to be performed by a contractor;
    (4) The elevation, depth and dimensions of the slope or shaft;
    (5) The location and elevation of the coalbed;
    (6) The general characteristics of the strata through which the 
slope or shaft will be developed;
    (7) The type of equipment which the operator proposes to use when 
the work is to be performed by the operator. When work is to be 
performed by a contractor the operator shall, as soon as known to him, 
supplement the plan with a description of the type of equipment to be 
used by the contractor;
    (8) The system of ventilation to be used; and
    (9) Safeguards for the prevention of caving during excavation.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[36 FR 9364, May 22, 1971, as amended at 47 FR 28096, June 29, 1982; 60 
FR 33723, June 29, 1995]



Sec. 77.1900-1  Compliance with approved slope and shaft sinking plans.

    Upon approval by the Coal Mine Health and Safety District Manager of 
a slope or shaft sinking plan, the operator shall adopt and comply with 
such plan.



Sec. 77.1901  Preshift and onshift inspections; reports.

    (a) Examinations of slope and shaft areas shall be made by a 
certified person for hazardous conditions, including tests for methane 
and oxygen deficiency:
    (1) Within 90 minutes before each shift;
    (2) At least once on any shift during which men are employed inside 
any slope or shaft during development; and
    (3) Both before and after blasting.
    (b) The surface area surrounding each slope and shaft shall be 
inspected by a certified person and all hazards in the vicinity shall be 
corrected before men are permitted to enter the excavation.
    (c) All hazards found during any preshift or onshift inspection 
shall be corrected before men are allowed to enter, or continue to work 
in such slope or shaft. If hazardous conditions cannot be corrected, or 
excessive methane concentrations cannot be diluted, the excavation shall 
be vacated and no person shall be permitted to reenter the slope or 
shaft to continue excavation operations until the hazardous condition 
has been abated.
    (d) No work shall be performed in any slope or shaft, no drilling 
equipment shall be started, and no electrical equipment shall be 
energized if the methane content in such slope or shaft is 1.0 volume 
per centum, or more.
    (e) Nothing in this Sec. 77.1901 shall prevent the specific 
assignment of men in the slope or shaft for purposes of abating 
excessive methane concentrations or any other hazardous condition.
    (f) The results of all inspections conducted in accordance with the 
provisions of paragraph (a) of this section shall be recorded in a book 
approved by the Secretary.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[36 FR 9364, May 22, 1971, as amended at 60 FR 33723, June 29, 1995]



Sec. 77.1901-1  Methane and oxygen deficiency tests; approved devices.

    Tests for oxygen deficiency shall be made with a permissible flame 
safety lamp or other means approved by the Secretary, and tests for 
methane shall

[[Page 660]]

be made with a methane detector approved by the Secretary.



Sec. 77.1902  Drilling and mucking operations.

    Diesel-powered equipment used in the drilling, mucking, or other 
excavation of any slope or shaft shall be permissible, and such 
equipment shall be operated in a permissible manner and shall be 
maintained in a permissible condition.



Sec. 77.1902-1  Permissible diesel-powered equipment.

    Diesel-powered equipment which has been approved by the Bureau of 
Mines or the Mine Safety and Health Administration under Part 36 of this 
chapter (Bureau of Mines Schedule 31) is permissible under the 
provisions of this section.



Sec. 77.1903  Hoists and hoisting; minimum requirements.

    (a) Hoists used in transporting persons and material during 
drilling, mucking, or other excavating operations in any slope or shaft 
shall have rated capacities consistent with the loads to be handled.
    (b) Each hoist used in drilling, mucking, or other excavating 
operations shall be equipped with an accurate and reliable indicator of 
the position of the cage, platform, or bucket. The indicator shall be 
installed in clear view of the hoist operator.

(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as 
amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811))

[48 FR 53242, Nov. 25, 1983; 48 FR 54975, Dec. 8, 1983]



Sec. 77.1904  Communications between slope and shaft bottoms and hoist 
operators.

    (a) Two independent means of signaling shall be provided between the 
hoistman and all points in a slope or shaft where men are required to 
work. At least one of these means shall be audible to the hoistman. 
Signal codes used in any communication system shall be posted 
conspicuously at each slope and shaft.
    (b) Signaling systems used for communication between slopes and 
shafts and the hoistman shall be tested daily.



Sec. 77.1905  Hoist safeguards; general.

    (a) Hoists used to transport persons shall be equipped with brakes 
capable of stopping and holding the cage, bucket, platform, or other 
device when fully loaded.
    (b) When persons are transported by a hoist, a second person 
familiar with and qualified to stop the hoist shall be in attendance, 
except where the hoist is fully equipped with overspeed, overwind, and 
automatic stop devices.



Sec. 77.1906  Hoists; daily inspection.

    (a) Hoists used to transport persons shall be inspected daily. The 
inspection shall include examination of the headgear (headframe, sheave 
wheels, etc.), connections, links and chains, and other facilities.
    (b) Prior to each working shift, and before a hoist is returned to 
service after it has been out of normal service for any reason, the 
hoist shall be run by the hoist operator through one complete cycle of 
operation before any person is permitted to be transported.
    (c) At the completion of each daily examination required by 
paragraph (a) of this section, the person making the examination shall 
certify, by signature and date, that the examination has been made. If 
any unsafe condition in the hoisting equipment is present, the person 
conducting the examination shall make a record of the condition and the 
date. Certifications and records shall be retained for one year.

(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as 
amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811))

[48 FR 53242, Nov. 25, 1983, as amended at 60 FR 33723, June 29, 1995]



Sec. 77.1907  Hoist construction; general.

    If hooks are used to attach cages or buckets to the socket or 
thimble of a hoisting rope, the hooks shall be self-closing.

(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as 
amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811))

[48 FR 53242, Nov. 25, 1983]



Sec. 77.1908  Hoist installations; use.

    (a) Where men are transported by means of a hoist and the depth of 
the

[[Page 661]]

shaft exceeds 50 feet, the hoist rope shall be suspended from a 
substantial hoisting installation which shall be high enough to provide 
working clearance between the bottom of the sheave and the top of the 
cage or bucket.
    (b) Where men are transported by means of a hoist and the depth of 
the shaft exceeds 100 feet, temporary shaft guides and guide 
attachments, or other no less effective means, shall be installed to 
prevent the cage, platform, or bucket from swinging.
    (c) All guides and guide attachments, or other no less effective 
means, installed in accordance with paragraph (b) of this section shall 
be maintained to a depth of not less than 75 feet from the bottom of the 
shaft.
    (d) Where crossheads are used, the cage, platform, or bucket shall 
not be hung more than 10 feet below the crosshead.
    (e) Where men are required to embark or disembark from a cage, 
platform or bucket suspended over or within a shaft, a loading platform 
shall be installed to insure safe footing.
    (f) During the development of each slope or shaft, either a ladder 
or independently powered auxiliary hoist shall be provided to permit men 
to escape quickly in the event of an emergency.
    (g) No person shall be permitted to ride the rim of any bucket or on 
the top of a loaded bucket.
    (h) The number of persons permitted to ride in cages, skips, or 
buckets shall be limited so as to prevent overcrowding.
    (i) Persons shall not be permitted to ride on a cage, skip, or 
bucket with tools or materials, except when necessary to handle 
equipment while in transit. Materials shall be secured to prevent 
shifting while being hoisted.
    (j) The speed of buckets transporting persons shall not exceed 500 
feet per minute and not more than 200 feet per minute when within 100 
feet of any stop.
    (k) A notice of established speeds shall be posted in clear view of 
the hoistman.
    (l) Conveyances being lowered in a shaft in which men are working 
shall be stopped at least 15 feet above such men and shall be lowered 
further only after the hoistman has received a signal that all men who 
may be endangered by the conveyance are in the clear.
    (m) No skip or bucket shall be raised or lowered in a slope or shaft 
until it has been trimmed to prevent material from falling back down the 
slope or shaft.
    (n) Measures shall be taken to prevent material from falling back 
into the shaft while buckets or other conveyances are being unloaded.
    (o) Properly attached safety belts shall be worn by all persons 
required to work in or over any shaft where there is a drop of 10 or 
more feet, unless other acceptable means are provided to prevent such 
persons from falling into the shaft.



Sec. 77.1908-1  Hoist operation; qualified hoistman.

    Hoists shall be under the control of and operated by a qualified 
hoistman when men are in a slope or shaft.



Sec. 77.1909  Explosives and blasting; use of permissible explosives and 
shot-firing units.

    Except as provided in Sec. 77.1909-1, only permissible explosives 
and permissible shot-firing units shall be used in sinking shafts and 
slopes.



Sec. 77.1909-1  Use of nonpermissible explosives and nonpermissible 
shot-firing units; approval by Health and Safety District Manager.

    Where the Coal Mine Health and Safety District Manager has 
determined that the use of nonpermissible explosives and nonpermissible 
shot-firing units will not pose a hazard to any person during the 
development of a slope or shaft, he may, after written application by 
the operator, approve the use of such explosives and shot-firing units 
and issue a permit for the use of such explosives and devices setting 
forth the safeguards to be employed by the operator to protect the 
health and safety of any person exposed to such blasting.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[36 FR 9364, May 22, 1971, as amended at 60 FR 33723, June 29, 1995]

[[Page 662]]



Sec. 77.1910  Explosives and blasting; general.

    (a) Light and power circuits shall be disconnected or removed from 
the blasting area before charging and blasting.
    (b) All explosive materials, detonators, and any other related 
blasting material employed in the development of any slope or shaft 
shall be stored, transported, carried, charged, and fired in accordance 
with the provision of Subpart N, ``Explosives and Blasting,'' of this 
Part 77. Except as provided in paragraph (c) of this section, all shots 
shall be fired from the surface.
    (c) Where tests for methane have been conducted and methane has not 
been found and only permissible blasting units are being employed, shots 
may be fired from an upper level of the slope or shaft.
    (d) Except as provided in paragraph (c) of this section, all men 
shall be removed from the slope or shaft prior to blasting.
    (e) Blasting areas in slopes or shafts shall be covered with mats or 
other suitable material when the excavation is too shallow to retain 
blasted material.
    (f) Where it is impracticable to prepare primers in the blasting 
area, primers may be prepared on the surface and carried into the shaft 
in specially constructed, insulated, covered containers.
    (g) No other development operation shall be conducted in a shaft or 
at the face of a slope while drill holes are being charged and until 
after all shots have been fired.
    (h) The sides of the slope or shaft between the overhead platform 
and the bottom where men are working shall be examined after each blast 
and loose material removed.
    (i) Loose rock and other material shall be removed from timbers and 
platforms after each blast before men are lowered to the shaft bottom.



Sec. 77.1911  Ventilation of slopes and shafts.

    (a) All slopes and shafts shall be ventilated by mechanical 
ventilation equipment during development. Such equipment shall be 
examined before each shift and the quantity of air in the slope or shaft 
measured daily by a certified person and the results of such 
examinations and tests recorded in a book approved by the Secretary.
    (b) Ventilation fans shall be:
    (1) Installed on the surface;
    (2) Installed in fireproof housing and connected to the slope or 
shaft opening with fireproof air ducts;
    (3) Designed to permit the reversal of the air current, and located 
in an area which will prevent a recirculation of air from the slope or 
shaft or air contamination from any other source;
    (4) Equipped with an automatic signal device designed to give an 
alarm in the event the fan slows or stops which can be seen or heard by 
any person on duty in the vicinity of the fan, except where fans are 
constantly attended.
    (5) Offset not less than 15 feet from the shaft; and
    (6) Equipped with air ducts which are fire resistant and maintained 
so as to prevent excessive leakage of air;
    (i) Flexible ducts shall be constructed to permit ventilation by 
either exhausting or blowing methods and when metal air ducts are used, 
they shall be grounded effectively to remove static and other electrical 
charges;
    (ii) Ducts shall extend as close to the bottom as necessary to 
ventilate properly.
    (c) A qualified person, designated by the operator, shall be 
assigned to maintain each ventilating system.
    (d) The fan shall be operated continuously when men are below the 
surface. Any accidental stoppage or reduction in airflow shall be 
corrected promptly; however, where repairs cannot be made immediately, 
development work below the surface shall be stopped and all the men not 
needed to make necessary repairs shall be removed to the surface.



Sec. 77.1912  Ladders and stairways.

    (a) Substantial stairways or ladders shall be used during the 
construction of all shafts where no mechanical means are provided for 
men to travel.
    (b) Landings at intervals of not more than 30 feet shall be 
installed.
    (c) Shaft ladders shall project 3 feet above the collar of the 
shaft, and shall be placed at least 3 inches from the side of the shaft.

[[Page 663]]



Sec. 77.1913  Fire-resistant wood.

    Except for crossties, timbers, and other wood products which are 
permanently installed in slopes and shafts, shall be fire resistant.



Sec. 77.1914  Electrical equipment.

    (a) Electric equipment employed below the collar of a slope or shaft 
during excavation shall be permissible and shall be maintained in a 
permissible condition.
    (b) The insulation of all electric conductors employed below the 
collar of any slope or shaft during excavation shall be of the flame 
resistant type.
    (c) Only lamps and portable flood lights approved by the Bureau of 
Mines or the Mine Safety and Health Administration under Part 19 and 
Part 20 of this chapter (Bureau of Mines Schedules 6D and 10C) shall be 
employed below the collar of any slope or shaft.



Sec. 77.1915  Storage and handling of combustible materials.

    (a) Compressed and liquefied gas, oil, gasoline, and other petroleum 
products shall not be stored within 100 feet of any slope or shaft 
opening.
    (b) Other combustible material and supplies shall not be stored 
within 25 feet of any slope or shaft opening.
    (c) Pyritic slates, bony coal, culm or other material capable of 
spontaneous combustion shall not be used for fill or as surfacing 
material within 100 feet of any slope or shaft opening.
    (d) Areas surrounding the opening of each slope or shaft shall be 
constructed to insure the drainage of flammable liquids away from the 
slope or shaft in the event of spillage.
    (e) Oily rags, waste, waste paper, and other combustible waste 
material disposed of in the vicinity of any slope or shaft opening shall 
be stored in closed containers until removed from the area.



Sec. 77.1916  Welding, cutting, and soldering; fire protection.

    (a) One portable fire extinguisher shall be provided where welding, 
cutting, or soldering with arc or flame is performed.
    (b) Welding, cutting, or soldering with arc or flame within or in 
the vicinity of any slope or shaft, except where such operations are 
performed in fireproof enclosures, shall be done under the supervision 
of a qualified person who shall make a diligent search within or in the 
vicinity of the slope or shaft for fire during and after such 
operations.
    (c) Before welding, cutting, or soldering is performed in any slope 
or shaft designed to penetrate into any coalbed below the surface, an 
examination for methane shall be made by a qualified person with a 
device approved by the Secretary for detecting methane. Examination for 
methane shall be made immediately before and periodically during 
welding, cutting, or soldering and such work shall not be permitted to 
commence or continue in air which contains 1.0 volume per centum or more 
of methane.
    (d) Noncombustible barriers shall be installed below welding, 
cutting, or soldering operations in or over a shaft.

Subpart U--Approved Books and Records [Reserved]



PART 90_MANDATORY HEALTH STANDARDS_COAL MINERS WHO HAVE EVIDENCE OF THE 
DEVELOPMENT OF PNEUMOCONIOSIS--Table of Contents




                            Subpart A_General

Sec.
90.1 Scope.
90.2 Definitions.
90.3 Part 90 option; notice of eligibility; exercise of option.

           Subpart B_Dust Standards, Rights of Part 90 Miners

90.100 Respirable dust standard.
90.101 Respirable dust standard when quartz is present.
90.102 Transfer; notice.
90.103 Compensation.
90.104 Waiver of rights; re-exercise of option.

                      Subpart C_Sampling Procedures

90.201 Sampling; general requirements.
90.202 Certified person; sampling.
90.203 Certified person; maintenance and calibration.
90.204 Approved sampling devices; maintenance and calibration.

[[Page 664]]

90.205 Approved sampling devices; operation; air flowrate.
90.206 Approved sampling devices; equivalent concentrations.
90.207 Compliance sampling.
90.208 Bimonthly sampling.
90.209 Respirable dust samples; transmission by operator.
90.210 Respirable dust samples; report to operator.
90.220 Status change reports.

                 Subpart D_Respirable Dust Control Plans

90.300 Respirable dust control plan; filing requirements.
90.301 Respirable dust control plan; approval by District Manager; copy 
          to Part 90 miner.

    Authority: 30 U.S.C. 811, 813(h).

    Source: 45 FR 80769, Dec. 5, 1980, unless otherwise noted.



                            Subpart A_General



Sec. 90.1  Scope.

    This Part 90 establishes the option of miners who are employed at 
underground coal mines or at surface work areas of underground coal 
mines and who have evidence of the development of pneumoconiosis to work 
in an area of a mine where the average concentration of respirable dust 
in the mine atmosphere during each shift is continuously maintained at 
or below 1.0 milligrams per cubic meter of air. The rule sets forth 
procedures for miners to exercise this option, and establishes the right 
of miners to retain their regular rate of pay and receive wage 
increases. The rule also sets forth the operator's obligations, 
including respirable dust sampling for Part 90 miners. This Part 90 is 
promulgated pursuant to section 101 of the Act and supercedes section 
203(b) of the Act.



Sec. 90.2  Definitions.

    For the purpose of this Part 90, the term:
    Act means the Federal Mine Safety and Health Act of 1977, Pub. L. 
91-173, as amended by Pub. L. 95-164.
    Active workings means any place at a coal mine where miners are 
normally required to work or travel.
    Certified person means an individual certified by the Secretary in 
accordance with Sec. 90.202 (Certified person; sampling) to take 
respirable dust samples required by this part or certified in accordance 
with Sec. 90.203 (Certified person; maintenance and calibration) to 
perform the maintenance and calibration of respirable dust sampling 
equipment as required by this part.
    Concentration means a measure of the amount of a substance contained 
per unit volume of air.
    District Manager means the manager of the Coal Mine Safety and 
Health District in which the mine is located.
    Mechanized mining unit means: (1) A unit of mining equipment 
including hand loading equipment used for the production of material; or 
(2) a specialized unit which utilizes mining equipment other than 
specified in Sec. 70.207(e) (Bimonthly sampling; mechanized mining 
unit).
    MRE instrument means the gravimetric dust sampler with a four 
channel horizontal elutriator developed by the Mining Research 
Establishment of the National Coal Board, London, England.
    MSHA means the Mine Safety and Health Administration of the 
Department of Labor.
    Normal work duties means duties which the Part 90 miner performs on 
a routine day-to-day basis in his or her job classification at a mine.
    Part 90 miner means a miner employed at an underground coal mine or 
at a surface work area of an underground coal mine who has exercised the 
option under the old section 203(b) program (36 FR 20601, October 27, 
1971), or under Sec. 90.3 (Part 90 option; notice of eligibility; 
exercise of option) of this part to work in an area of a mine where the 
average concentration of respirable dust in the mine atmosphere during 
each shift to which that miner is exposed is continuously maintained at 
or below 1.0 milligrams per cubic meter of air, and who has not waived 
these rights.
    Quartz means crystalline silicon dioxide (SiO2) not 
chemically combined with other substances and having a distinctive 
physical structure.
    Respirable dust means dust collected with a sampling device approved 
by the Secretary and the Secretary of Health and Human Services in 
accordance with part 74 (Coal Mine Dust Personal Sampler Units) of this 
title. Sampling

[[Page 665]]

device approvals issued by the Secretary of the Interior and Secretary 
of Health, Education, and Welfare are continued in effect.
    Secretary means the Secretary of Labor or a delegate.
    Secretary of Health and Human Services means Secretary of Health and 
Human Services or Secretary of Health, Education, and Welfare.
    Surface work area of an underground coal mine means the surface 
areas of land and all structures, facilities, machinery, tools, 
equipment, shafts, slopes, excavations, and other property, real or 
personal, placed upon or above the surface of such land by any person, 
used in, or to be used in, or resulting from, the work of extracting 
bituminous coal, lignite, or anthracite from its natural deposits 
underground by any means or method, and the work of preparing the coal 
so extracted, and includes custom coal preparation facilities;
    Transfer means any change in the work assignment of a Part 90 miner 
by the operator and includes: (1) Any change in occupation code of a 
Part 90 miner; (2) any movement of a Part 90 miner to or from a 
mechanized mining unit; or (3) any assignment of a Part 90 miner to the 
same occupation in a different location at a mine.
    Underground coal mine means an area of land and all structures, 
facilities, machinery, tools, equipment, shafts, slopes, tunnels, 
excavations, and other property, real or personal, placed upon, under, 
or above the surface of such land by any person, used in, or to be used 
in, or resulting from the work of extracting in such area bituminous 
coal, lignite, or anthracite from its natural deposits in the earth by 
any means or method, and the work of preparing the coal so extracted.
    Valid respirable dust sample means a respirable dust sample 
collected and submitted as required by this part, and not voided by 
MSHA.



Sec. 90.3  Part 90 option; notice of eligibility; exercise of option.

    (a) Any miner employed at an underground coal mine or at a surface 
work area of an underground coal mine who, in the judgment of the 
Secretary of Health and Human Services, has evidence of the development 
of pneumoconiosis based on a chest X-ray, read and classified in the 
manner prescribed by the Secretary of Health and Human Services, or 
based on other medical examinations shall be afforded the option to work 
in an area of a mine where the average concentration of respirable dust 
in the mine atmosphere during each shift to which that miner is exposed 
is continuously maintained at or below 1.0 milligrams per cubic meter of 
air. Each of these miners shall be notified in writing of eligibility to 
exercise the option.
    (b) Any miner who is a section 203(b) miner on January 31, 1981, 
shall be a Part 90 miner on February 1, 1981, entitled to full rights 
under this part to retention of pay rate, future actual wage increases, 
and future work assignment, shift and respirable dust protection.
    (c) Any Part 90 miner who is transferred to a position at the same 
or another coal mine shall remain a Part 90 miner entitled to full 
rights under this part at the new work assignment.
    (d) The option to work in a low dust area of the mine may be 
exercised for the first time by any miner employed at an underground 
coal mine or at a surface work area of an underground coal mine who was 
eligible for the option under the old section 203(b) program (36 FR 
20601, October 27, 1971), or is eligible for the option under this part 
by signing and dating the Exercise of Option Form and mailing the form 
to the Chief, Division of Health, Coal Mine Safety and Health, MSHA, 
1100 Wilson Blvd., Room 2416, Arlington, Virginia 22209-3939.
    (e) The option to work in a low dust area of the mine may be re-
exercised by any miner employed at an underground coal mine or at a 
surface work area of an underground coal mine who exercised the option 
under the old section 203(b) program (36 FR 20601, October 27, 1971), or 
exercised the option under this part by sending a written request to the 
Chief, Division of Health, Coal Mine Safety and Health, MSHA, 1100 
Wilson Blvd., Room 2416, Arlington, Virginia 22209-3939. The request 
should include the name and address of the mine and operator where the 
miner is employed.

[[Page 666]]

    (f) No operator shall require from a miner a copy of the medical 
information received from the Secretary or Secretary of Health and Human 
Services.

[45 FR 80769, Dec. 5, 1980; 46 FR 5885, Jan. 21, 1981, as amended at 67 
FR 38386, June 4, 2002]



           Subpart B_Dust Standards, Rights of Part 90 Miners



Sec. 90.100  Respirable dust standard.

    After the twentieth calendar day following receipt of notification 
from MSHA that a Part 90 miner is employed at the mine, the operator 
shall continuously maintain the average concentration of respirable dust 
in the mine atmosphere during each shift to which the Part 90 miner in 
the active workings of the mine is exposed at or below 1.0 milligrams 
per cubic meter of air. Concentrations shall be measured with an 
approved sampling device and expressed in terms of an equivalent 
concentration determined in accordance with Sec. 90.206 (Approved 
sampling devices; equivalent concentrations).



Sec. 90.101  Respirable dust standard when quartz is present.

    When the respirable dust in the mine atmosphere of the active 
workings to which a Part 90 miner is exposed contains more than 5 
percent quartz, the operator shall continuously maintain the average 
concentration of respirable dust in the mine atmosphere during each 
shift to which a Part 90 miner is exposed at or below a concentration of 
respirable dust computed by dividing the percent of quartz into the 
number 10. The application of the formula shall not result in a 
respirable dust standard in excess of 1.0 milligrams per cubic meter of 
air. Concentrations shall be expressed in milligrams per cubic meter of 
air as measured with an approved sampling device and in terms of an 
equivalent concentration determined in accordance with Sec. 90.206 
(Approved sampling devices; equivalent concentrations).

    Example: The respirable dust associated with a Part 90 miner 
contains quartz in the amount of 20%. Therefore, the average 
concentration of respirable dust in the mine atmosphere associated with 
that Part 90 miner shall be continuously maintained at or below 0.5 
milligrams of respirable dust per cubic meter of air (10/20=0.5 mg/
m\3\).



Sec. 90.102  Transfer; notice.

    (a) Whenever a Part 90 miner is transferred in order to meet the 
respirable dust standard in Sec. 90.100 (Respirable dust standard) or 
Sec. 90.101 (Respirable dust standard when quartz is present), the 
operator shall transfer the miner to an existing position at the same 
coal mine on the same shift or shift rotation on which the miner was 
employed immediately before the transfer. The operator may transfer a 
Part 90 miner to a different coal mine, a newly-created position or a 
position on a different shift or shift rotation if the miner agrees in 
writing to the transfer.
    (b) On or before the twentieth calendar day following receipt of 
notification from MSHA that a Part 90 miner is employed at the mine, the 
operator shall give the District Manager written notice of the 
occupation and, if applicable, the mechanized mining unit to which the 
Part 90 miner will be assigned on the twenty-first calendar day 
following receipt of the notification from MSHA.
    (c) After the twentieth calendar day following receipt of 
notification from MSHA that a Part 90 miner is employed at the mine, the 
operator shall give the District Manager written notice before any 
transfer of a Part 90 miner. This notice shall include the scheduled 
date of the transfer.



Sec. 90.103  Compensation.

    (a) The operator shall compensate each Part 90 miner at not less 
than the regular rate of pay received by that miner immediately before 
exercising the option under Sec. 90.3 (Part 90 option; notice of 
eligibility; exercise of option).
    (b) Whenever a Part 90 miner is transferred, the operator shall 
compensate the miner at not less than the regular rate of pay received 
by that miner immediately before the transfer.
    (c) The operator shall compensate each miner who is a section 203(b) 
miner on January 31, 1981, at not less than the regular rate of pay that 
the

[[Page 667]]

miner is required to receive under section 203(b) of the Act immediately 
before the effective date of this part.
    (d) In addition to the compensation required to be paid under 
paragraphs (a), (b) and (c) of this section, the operator shall pay each 
Part 90 miner the actual wage increases that accrue to the 
classification to which the miner is assigned.
    (e) If a miner is temporarily employed in an occupation other than 
his or her regular work classification for two months or more before 
exercising the option under Sec. 90.3 (Part 90 option; notice of 
eligibility; exercise of option), the miner's regular rate of pay for 
purposes of paragraph (a) and (b) of this section is the higher of the 
temporary or regular rates of pay. If the temporary assignment is for 
less than two months, the operator may pay the Part 90 miner at his or 
her regular work classification rate regardless of the temporary wage 
rate.
    (f) If a Part 90 miner is transferred, and the Secretary 
subsequently notifies the miner that notice of the miner's eligibility 
to exercise the Part 90 option was incorrect, the operator shall retain 
the affected miner in the current position to which the miner is 
assigned and continue to pay the affected miner the applicable rate of 
pay provided in paragraphs (a), (b), (c) and (d) of this section, until:
    (1) The affected miner and operator agree in writing to a position 
with pay at not less than the regular rate of pay for that occupation; 
or
    (2) A position is available at the same coal mine in both the same 
occupation and on the same shift on which the miner was employed 
immediately before exercising the option under Sec. 90.3 (Part 90 
option; notice of eligibility; exercise of option) or under the old 
section 203(b) program (36 FR 20601, October 27, 1971).
    (i) When such a position is available, the operator shall offer the 
available position in writing to the affected miner with pay at not less 
than the regular rate of pay for that occupation.
    (ii) If the affected miner accepts the available position in 
writing, the operator shall implement the miner's reassignment upon 
notice of the miner's acceptance. If the miner does not accept the 
available position in writing, the miner may be reassigned and 
protections under Part 90 shall not apply. Failure by the miner to act 
on the written offer of the available position within 15 days after 
notice of the offer is received from the operator shall operate as an 
election not to accept the available position.



Sec. 90.104  Waiver of rights; re-exercise of option.

    (a) A Part 90 miner may waive his or her rights and be removed from 
MSHA's active list of miners who have rights under Part 90 by:
    (1) Giving written notification to the Chief, Division of Health, 
Coal Mine Safety and Health, MSHA, that the miner waives all rights 
under this part;
    (2) Applying for and accepting a position in an area of a mine which 
the miner knows has an average respirable dust concentration exceeding 
1.0 milligrams per cubic meter of air or the respirable dust standard 
established by Sec. 90.101 (Respirable dust standard when quartz is 
present); or
    (3) Refusing to accept another position offered by the operator at 
the same coal mine that meets the requirements of Sec. Sec. 90.100, 
90.101 and 90.102(a) after dust sampling shows that the average 
respirable dust concentration in his or her present position exceeds 1.0 
milligrams per cubic meter of air or the respirable dust standard 
established by Sec. 90.101 (Respirable dust standard when quartz is 
present).
    (b) If rights under Part 90 are waived, the miner gives up all 
rights under Part 90 until the miner re-exercises the option in 
accordance with Sec. 90.3(e) (Part 90 option; notice of eligibility; 
exercise of option).
    (c) If rights under Part 90 are waived, the miner may re-exercise 
the option under this part in accordance with Sec. 90.3(e) (Part 90 
option; notice of eligibility; exercise of option) at any time.



                      Subpart C_Sampling Procedures

    Authority: 30 U.S.C. 811, 813(h), 957.

[[Page 668]]



Sec. 90.201  Sampling; general requirements.

    (a) Each operator shall take respirable dust samples of the 
concentration of respirable dust in the active workings of the mine as 
required by this part with a sampling device approved by the Secretary 
and the Secretary of Health and Human Services under part 74 (Coal Mine 
Dust Personal Sampler Units) of this title.
    (b) Sampling devices shall be worn or carried directly to and from 
each part 90 miner's position, and shall remain operational during the 
entire shift or for 8 hours, whichever time is less.
    (c) Upon request from the District Manager, the operator shall 
submit the date on which collecting any respirable dust samples required 
by this part will begin.
    (d) During the time for abatement fixed in a citation for violation 
of Sec. 90.100 (Respirable dust standard) or Sec. 90.101 (Respirable 
dust standard when quartz is present), the operator shall take 
corrective action and then sample the affected part 90 miner until five 
valid respirable dust samples are taken.
    (e) The respirable dust samples required by this part shall be 
collected while the part 90 miner is performing normal work duties.
    (f) Unless otherwise directed by the District Manager, the 
respirable dust samples required under this part shall be taken by 
placing the sampling device as follows:
    (1) On the part 90 miner;
    (2) On the piece of equipment which the part 90 miner operates 
within 36 inches of the normal working position; or
    (3) At a location that represents the maximum concentration of dust 
to which the part 90 miner is exposed.



Sec. 90.202  Certified person; sampling.

    (a) The respirable dust sampling required by this part shall be done 
by a certified person.
    (b) To be certified, a person shall pass the MSHA examination on 
sampling of respirable coal mine dust.
    (c) A person may be temporarily certified by MSHA to take respirable 
dust samples if the person receives instruction from an authorized 
representative of the Secretary in the methods of collecting and 
submitting samples under this rule. The temporary certification shall be 
withdrawn if the person does not successfully complete the examination 
conducted by MSHA on sampling of respirable coal mine dust within six 
months from the issue date of the temporary certification.



Sec. 90.203  Certified person; maintenance and calibration.

    (a) Approved sampling devices shall be maintained and calibrated by 
a certified person.
    (b) To be certified, a person shall pass the MSHA examination on 
maintenance and calibration procedures for respirable dust sampling 
equipment.
    (c) A person may be temporarily certified by MSHA to maintain and 
calibrate approved sampling devices if the person receives instruction 
from an authorized representative of the Secretary in the maintenance 
and calibration procedures for respirable dust sampling equipment under 
this rule. The temporary certification shall be withdrawn if the person 
does not successfully complete the examination conducted by MSHA on 
maintenance and calibration procedures within six months from the issue 
date of the temporary certification.



Sec. 90.204  Approved sampling devices; maintenance and calibration.

    (a) Approved sampling devices shall be maintained as approved under 
part 74 (Coal Mine Dust Personal Sampler Units) of this chapter and 
calibrated in accordance with MSHA Informational Report IR 1240 (1996) 
``Calibration and Maintenance Procedures for Coal Mine Respirable Dust 
Samplers ``(supersedes IR 1121)'' by a person certified in accordance 
with Sec. 90.203 (Certified person; maintenance and calibration).
    (b) Approved sampling devices shall be calibrated at the flowrate of 
2.0 liters of air per minute, or at a different flowrate as prescribed 
by the Secretary and the Secretary of Health and Human Services for a 
particular device, before they are put into service and at intervals not 
to exceed 200 hours of operating time thereafter.

[[Page 669]]

    (c) A calibration mark shall be placed on the flowmeter of each 
approved sampling device to indicate the proper position of the float 
when the sampler is operating at a flowrate of 2.0 liters of air per 
minute or other flowrate prescribed by the Secretary and the Secretary 
of Health and Human Services for the particular device. The standard to 
denote proper flow is when the lowest part of the float is tangent to 
the top of the calibration mark.
    (d) Approved sampling devices shall be tested and examined 
immediately before each sampling shift and necessary external 
maintenance shall be performed to assure that the sampling devices are 
clean and in proper working condition by a person certified in 
accordance with Sec. 90.202 (Certified person; sampling) or Sec. 
90.203 (Certified person; maintenance and calibration). This testing and 
examination shall include the following:
    (1) Testing the voltage of each battery while under actual load to 
assure the battery is fully charged. The voltage for nickel cadmium cell 
batteries shall not be lower than the product of the number of cells in 
the battery pack multiplied by 1.25. The voltage for other than nickel 
cadmium cell batteries shall not be lower than the product of the number 
of cells in the battery pack multiplied by the manufacturer's nominal 
voltage per cell value;
    (2) Examination of all components of the cyclone to assure that they 
are clean and free of dust and dirt;
    (3) Examination of the inner surface of the cyclone on the approved 
sampling device to assure that it is free of scoring;
    (4) Examination of the external tubing on the approved sampling 
device to assure that it is clean and free of leaks; and
    (5) Examination of the clamping and positioning of the cyclone body, 
vortex finder and cassette to assure that they are rigid, in alignment, 
and firmly in contact.
    (e) MSHA Informational Report IR 1240 (1996)referenced in paragraph 
(a) of this section is incorporated-by-reference. This incorporation-by-
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
inspected or obtained at MSHA, Coal Mine Safety and Health, 1100 Wilson 
Blvd., Room 2424, Arlington, Virginia 22209-3939 and at each MSHA Coal 
Mine Safety and Health district and subdistrict office. Copies may be 
inspected at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.

[45 FR 80769, Dec. 5, 1980, as amended at 64 FR 43286, Aug. 10, 1999; 67 
FR 38386, June 4, 2002]



Sec. 90.205  Approved sampling devices; operation; air flowrate.

    (a) Sampling devices approved in accordance with part 74 (Coal Mine 
Dust Personal Sampler Units) of this title shall be operated at the 
flowrate of 2.0 liters of air per minute, or at a different flowrate as 
prescribed by the Secretary and the Secretary of Health and Human 
Services for the particular device.
    (b) Except as provided in paragraph (d) of this section, each 
approved sampling device shall be examined each shift by a person 
certified in accordance with Sec. 90.202 (Certified person; sampling) 
during the second hour after being put into operation to assure that the 
sampling device is operating properly and at the proper flowrate. If the 
proper flowrate is not maintained, necessary adjustments shall be made 
by the certified person.
    (c) Each sampling device shall be examined each shift by a person 
certified in accordance with Sec. 90.202 (Certified person; sampling) 
during the last hour of operation to assure that the sampling device is 
operating properly and at the proper flowrate. If the proper flowrate is 
not maintained, the respirable dust sample shall be transmitted to MSHA 
with a notation by the certified person on the dust data card stating 
that the proper flowrate was not maintained.
    (d) Paragraph (b) of this section shall not apply if the approved 
sampling device is being operated in a breast or chamber of an 
anthracite coal mine

[[Page 670]]

where the full box mining method is used.



Sec. 90.206  Approved sampling devices; equivalent concentrations.

    The concentration of respirable dust shall be determined by dividing 
the weight of dust in milligrams collected on the filter of an approved 
sampling device by the volume of air in cubic meters passing through the 
filter and then converting that concentration to an equivalent 
concentration as measured with an MRE instrument. To convert a 
concentration of respirable dust as measured with an approved sampling 
device to an equivalent concentration of respirable dust as measured 
with an MRE instrument, the concentration of respirable dust measured 
with the approved sampling device shall be multiplied by a constant 
factor prescribed by the Secretary for the approved sampling device 
used, and the product shall be the equivalent concentration as measured 
with an MRE instrument.



Sec. 90.207  Compliance sampling.

    (a) The operator shall take five valid respirable dust samples for 
each part 90 miner within 15 calendar days after:
    (1) The 20-day period specified for each part 90 miner in Sec. 
90.100 (Respirable dust standard);
    (2) Receipt of notification from MSHA that any respirable dust 
sample taken in accordance with Sec. 90.208 (Bimonthly sampling) 
exceeds 1.0 milligram per cubic meter of air or the respirable dust 
standard established by Sec. 90.101 (Respirable dust standard when 
quartz is present); and
    (3) Implementing any transfer after the twentieth calendar day 
following receipt of notification from MSHA that a part 90 miner is 
employed at the mine.



Sec. 90.208  Bimonthly sampling.

    (a) Each operator shall take one valid respirable dust sample for 
each part 90 miner during each bimonthly period beginning with the 
bimonthly period of February 1, 1981. The bimonthly periods are:

February 1-March 31
April 1-May 31
June 1-July 31
August 1-September 30
October 1-November 30
December 1-January 31.

    (b) When the respirable dust standard is changed in accordance with 
Sec. 90.101 (Respirable dust standard when quartz is present), 
respirable dust sampling of part 90 miners shall begin on the first 
shift on which the miner is performing normal work duties during the 
next bimonthly period following notification of such change from MSHA.
    (c) Upon issuance of a citation for a violation of Sec. 90.100 
(Respirable dust standard) or Sec. 90.101 (Respirable dust standard 
when quartz is present), paragraphs (a) and (b) of this section shall 
not apply to that part 90 miner until the violation is abated in 
accordance with Sec. 90.201(d) (Sampling; general requirements).



Sec. 90.209  Respirable dust samples; transmission by operator.

    (a) The operator shall transmit within 24 hours after the end of the 
sampling shift all samples collected to fulfill the requirements of this 
part in containers provided by the manufacturer of the filter cassette 
to: Respirable Dust Processing Laboratory, Pittsburgh Safety and Health 
Technology Center, Cochran Mill Road, Building 38, P.O. Box 18179, 
Pittsburgh, Pennsylvania 15236-0179, or to any other address designated 
by the District Manager.
    (b) The operator shall not open or tamper with the seal of any 
filter cassette or alter the weight of any filter cassette before or 
after it is used to fulfill the requirements of this part.
    (c) A person certified in accordance with Sec. 90.202 (Certified 
person; sampling) shall properly complete the dust data card that is 
provided by the manufacturer for each filter cassette. The card shall 
have an identification number identical to that on the cassette used to 
take the sample and be submitted to MSHA with the sample. Each card 
shall be signed by the certified person and shall include that person's 
certification number. Respirable dust samples with data cards not 
properly completed will be voided by MSHA.

[[Page 671]]

    (d) All respirable dust samples collected by the operator shall be 
considered taken to fulfill the sampling requirements of part 70, 71 or 
90 of this title, unless the sample has been identified in writing by 
the operator to the District Manager, prior to the intended sampling 
shift, as a sample to be used for purposes other than required by part 
70, 71 or 90 of this title.
    (e) Respirable dust samples received by MSHA in excess of those 
required by this part shall be considered invalid samples.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[45 FR 80769, Dec. 5, 1980, as amended at 58 FR 63529, Dec. 2, 1993; 60 
FR 33723, June 29, 1995; 60 FR 35696, July 11, 1995]



Sec. 90.210  Respirable dust samples; report to operator.

    (a) The Secretary shall provide the operator with a report of the 
following data on respirable dust samples as soon as practicable:
    (1) The mine identification number;
    (2) The mechanized mining unit, if any, within the mine from which 
the samples were taken;
    (3) The concentration of respirable dust, expressed in milligrams 
per cubic meter of air, for each valid sample;
    (4) The average concentration of respirable dust, expressed in 
milligrams per cubic meter of air, for all valid samples;
    (5) The occupation code;
    (6) The reason for voiding any samples; and,
    (7) The Social Security Number of the part 90 miner.
    (b) Upon receipt, the operator shall provide a copy of this report 
to the part 90 miner. The operator shall not post the original or a copy 
of this report on the mine bulletin board.



Sec. 90.220  Status change reports.

    If there is a change in the status of a part 90 miner that affects 
the respirable dust sampling requirements of this part (such as entering 
a terminated, injured or ill status, or returning to work), the operator 
shall report the change in the status of the part 90 miner to the MSHA 
District Office or to any other MSHA office designated by the District 
Manager. Status changes shall be reported in writing within 3 working 
days after the status change has occurred.



                 Subpart D_Respirable Dust Control Plans



Sec. 90.300  Respirable dust control plan; filing requirements.

    (a) If an operator abates a violation of Sec. 90.100 (Respirable 
dust standard) or Sec. 90.101 (Respirable dust standard when quartz is 
present) by reducing the respirable dust level in the position of the 
part 90 miner, the operator shall submit a written respirable dust 
control plan for that part 90 miner in that position within 15 calendar 
days after the citation is terminated to the District Manager for 
approval. The respirable dust control plan and revisions thereof shall 
be suitable to the conditions and the mining system of the coal mine and 
shall be adequate to continuously maintain respirable dust within the 
permissible concentration for the part 90 miner in the position 
identified in the citation.
    (b) Each respirable dust control plan shall include at least the 
following:
    (1) The mine identification number assigned by MSHA, the operator's 
name, mine name, mine address, and mine telephone number and the name, 
address and telephone number of the principal officer in charge of 
health and safety at the mine;
    (2) The name and Social Security number of the part 90 miner and the 
position at the mine to which the plan applies;
    (3) A detailed description of the specific respirable dust control 
measures used to abate the violation of the respirable dust standard; 
and
    (4) A detailed description of how each of the respirable dust 
control measures described in response to paragraph (b)(3) of this 
section will continue to be used by the operator, including at least the 
specific time, place and manner the control measures will be used.



Sec. 90.301  Respirable dust control plan; approval by District Manager; 
copy to part 90 miner.

    (a) The District Manager will approve respirable dust control plans 
on a mine-by-mine basis. When approving

[[Page 672]]

respirable dust control plans, the District Manager shall consider 
whether:
    (1) The respirable dust control measures would be likely to maintain 
compliance with the respirable dust standard; and
    (2) The operator's compliance with all provisions of the respirable 
dust control plan could be objectively ascertained by MSHA.
    (b) MSHA may take respirable dust samples to determine whether the 
respirable dust control measures in the operator's plan effectively 
maintain compliance with the respirable dust standard.
    (c) The operator shall comply with all provisions of each respirable 
dust control plan upon notice from MSHA that the respirable dust control 
plan is approved.
    (d) The operator shall provide a copy of the current respirable dust 
control plan required under this part to the part 90 miner. The operator 
shall not post the original or a copy of the plan on the mine bulletin 
board.
    (e) The operator may review respirable dust control plans and submit 
proposed revisions to such plans to the District Manager for approval.

[[Page 673]]



 SUBCHAPTER P_CIVIL PENALTIES FOR VIOLATIONS OF THE FEDERAL MINE SAFETY 
                         AND HEALTH ACT OF 1977





PART 100_CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT OF CIVIL PENALTIES
--Table of Contents




Sec.
100.1 Scope and purpose.
100.2 Applicability.
100.3 Determination of penalty amount; regular assessment.
100.4 Determination of penalty; single penalty assessment.
100.5 Determination of penalty; special assessment.
100.6 Procedures for review of citations and orders; procedures for 
          assessment of civil penalties and conferences.
100.7 Notice of proposed penalty; notice of contest.
100.8 Service.

    Authority: 30 U.S.C. 815, 820, and 957.

    Source: 47 FR 22294, May 21, 1982, unless otherwise noted.



Sec. 100.1  Scope and purpose.

    This part sets forth the criteria and procedures for the proposed 
assessment of civil penalties under sections 105 and 110 of the Federal 
Mine Safety and Health Act of 1977 (Act). The purpose of this part is to 
provide a fair and equitable procedure for the application of the 
statutory criteria in determining proposed penalties for violations, to 
maximize the incentives for mine operators to prevent and correct 
hazardous conditions, and to assure the prompt and efficient processing 
and collection of penalties.



Sec. 100.2  Applicability.

    The criteria and procedures contained in this part are applicable to 
all evaluations and proposed assessments of civil penalties for 
violations of the Act, and the standards and regulations promulgated 
pursuant to the Act. The Mine Safety and Health Administration (MSHA), 
United States Department of Labor, shall review each citation and order 
and shall make proposed assessments of civil penalties.



Sec. 100.3  Determination of penalty amount; regular assessment.

    (a) General.The operator of any mine in which a violation occurs of 
a mandatory health or safety standard or who violates any other 
provision of the Mine Act, shall be assessed a civil penalty of not more 
than $60,000. Each occurrence of a violation of a mandatory safety or 
health standard may constitute a separate offense. The amount of the 
civil penalty proposed shall be based upon the formula set forth in this 
section. The formula is based on the general criteria described in 
sections 105(b) and 110(i) of the Mine Act. These criteria are:
    (1) The appropriateness of the penalty to the size of the business 
of the operator charged;
    (2) The operator's history of previous violations;
    (3) Whether the operator was negligent;
    (4) The gravity of the violation;
    (5) The demonstrated good faith of the operator charged in 
attempting to achieve rapid compliance after notification of a 
violation; and
    (6) The effect of the penalty on the operator's ability to continue 
in business.

The penalty amount in a regular case shall be determined by first 
assigning the appropriate number of penalty points to the violation by 
using the appropriate criteria and tables set forth in this section. The 
number of penalty points assigned for all criteria will then be totaled, 
and the point accumulation converted into a dollar amount by using the 
penalty conversion table in paragraph (g) of this section. Where 
appropriate, this penalty amount will be adjusted for demonstrated good 
faith in accordance with Sec. 100.3(f).
    (b) The appropriateness of the penalty to the size of the operator's 
business. The appropriateness of the penalty to the size of the 
production operator's business is calculated by using both the size of 
the mine cited and the size of the controlling entity of which the

[[Page 674]]

mine is a part. This criterion may account for a maximum of 15 penalty 
points for production operators. The size of an independent contractor 
will be measured by the amount of hours worked in all mining activities 
and may account for a maximum of 10 penalty points. The size will be 
evaluated by selecting the appropriate number of penalty points from 
Tables I to V. As used in the Tables below, the terms ``annual tonnage'' 
and ``annual hours worked'' mean tonnage produced and hours worked in 
the previous calendar year, or, in the case of a mine opened or owned 
less than one full calendar year, the tonnage and hours worked prorated 
to an annual basis.

                       Table I--Size of Coal Mine
------------------------------------------------------------------------
                                                                 Penalty
                    Annual tonnage of mine                       points
------------------------------------------------------------------------
0 to 15,000...................................................         0
Over 15,000 to 30,000.........................................         1
Over 30,000 to 50,000.........................................         2
Over 50,000 to 100,000........................................         3
Over 100,000 to 200,000.......................................         4
Over 200,000 to 300,000.......................................         5
Over 300,000 to 500,000.......................................         6
Over 500,000 to 800,000.......................................         7
Over 800,000 to 1.1 million...................................         8
Over 1.1 to 2 million.........................................         9
Over 2 million................................................        10
------------------------------------------------------------------------


             Table II--Size of Controlling Entity--Coal Mine
------------------------------------------------------------------------
                                                                 Penalty
                        Annual tonnage                           points
------------------------------------------------------------------------
0 to 100,000..................................................         0
Over 100,000 to 700,000.......................................         1
Over 700,000 to 1.5 million...................................         2
Over 1.5 million to 5 million.................................         3
Over 5 million to 10 million..................................         4
Over 10 million...............................................         5
------------------------------------------------------------------------


                 Table III--Size of Metal/Nonmetal Mine
------------------------------------------------------------------------
                                                                 Penalty
                  Annual hours worked at mine                    points
------------------------------------------------------------------------
0 to 10,000...................................................         0
Over 10,000 to 20,000.........................................         1
Over 20,000 to 30,000.........................................         2
Over 30,000 to 60,000.........................................         3
Over 60,000 to 100,000........................................         4
Over 100,000 to 200,000.......................................         5
Over 200,000 to 300,000.......................................         6
Over 300,000 to 500,000.......................................         7
Over 500,000 to 700,000.......................................         8
Over 700,000 to 1 million.....................................         9
Over 1 million................................................        10
------------------------------------------------------------------------


        Table IV--Size of Controlling Entity--Metal/Nonmetal Mine
------------------------------------------------------------------------
                                                                 Penalty
                      Annual hours worked                        points
------------------------------------------------------------------------
0 to 60,000...................................................         0
Over 60,000 to 400,000........................................         1
Over 400,000 to 900,000.......................................         2
Over 900,000 to 3 million.....................................         3
Over 3 million to 6 million...................................         4
Over 6 million................................................         5
------------------------------------------------------------------------


                 Table V--Size of Independent Contractor
------------------------------------------------------------------------
                                                                 Penalty
               Annual hours worked at all mines                  points
------------------------------------------------------------------------
0 to 10,000...................................................         0
Over 10,000 to 20,000.........................................         1
Over 20,000 to 30,000.........................................         2
Over 30,000 to 60,000.........................................         3
Over 60,000 to 100,000........................................         4
Over 100,000 to 200,000.......................................         5
Over 200,000 to 300,000.......................................         6
Over 300,000 to 500,000.......................................         7
Over 500,000 to 700,000.......................................         8
Over 700,000 to 1 million.....................................         9
Over 1 million................................................        10
------------------------------------------------------------------------

    (c) History of previous violations. Overall history is based on the 
number of assessed violations in a preceding 24-month period. Only 
violations that have been paid or finally adjudicated will be included 
in determining history. The history of previous violations may account 
for a maximum of 20 penalty points. For mine operators, the penalty 
points will be calculated on the basis of the average number of assessed 
violations per inspection day (VPID) (Table VI). For independent 
contractors, penalty points will be calculated on the basis of the 
average number of violations assessed per year at all mines (Table VII).

                        Table VI--Mine Operators
------------------------------------------------------------------------
                                                                 Penalty
                 Violations per inspection day                   points
------------------------------------------------------------------------
0 to 0.3......................................................         0
Over 0.3 to 0.5...............................................         2
Over 0.5 to 0.7...............................................         4
Over 0.7 to 0.9...............................................         6
Over 0.9 to 1.1...............................................         8
Over 1.1 to 1.3...............................................        10
Over 1.3 to 1.5...............................................        12
Over 1.5 to 1.7...............................................        14
Over 1.7 to 1.9...............................................        16
Over 1.9 to 2.1...............................................        18
Over 2.1......................................................        20
------------------------------------------------------------------------


[[Page 675]]


                   Table VII--Independent Contractors
------------------------------------------------------------------------
                                                                 Penalty
                     Number of violations                        points
------------------------------------------------------------------------
1 to 5........................................................         0
6 to 10.......................................................         2
11 to 15......................................................         4
16 to 20......................................................         6
21 to 25......................................................         8
26 to 30......................................................        10
31 to 35......................................................        12
36 to 40......................................................        14
41 to 45......................................................        16
46 to 50......................................................        18
Over 50.......................................................        20
------------------------------------------------------------------------

    (d) Negligence. Negligence is committed or omitted conduct which 
falls below a standard of care established under the Act to protect 
persons against the risks of harm. The standard of care established 
under the Act is that the operator of a mine owes a high degree of care 
to the miners. A mine operator is required to be on the alert for 
conditions and hazards in the mine which affect the safety or health of 
the employees and to take the steps necessary to correct or prevent such 
conditions or practices. For purposes of assessing a penalty under this 
part, failure to do so is negligence on the part of the operator. The 
negligence criterion gives appropriate consideration to the factors 
relating to an operator's failure to exercise a high degree of care to 
protect miners from safety or health hazards. When applying this 
criterion, MSHA considers actions taken by the operator to prevent or 
correct conditions or practices which caused or allowed the violation to 
exist. In determining the operator's diligence in protecting miners in 
any given hazard situation, due recognition is given to mitigating 
circumstances which explain the operator's conduct in minimizing or 
eliminating a hazardous condition. Mitigating circumstances may include, 
but are not limited to, actions which an operator has taken to prevent, 
correct, or limit exposure to mine hazards. This criterion may 
contribute a maximum of 25 penalty points, based on conduct evaluated 
according to Table VIII.

                         Table VIII--Negligence
------------------------------------------------------------------------
                                                                 Penalty
                          Categories                             points
------------------------------------------------------------------------
No negligence.................................................         0
  (The operator exercised diligence and could not have known
   of the violative condition or practice.)
Low negligence................................................        10
  (The operator knew or should have known of the violative
   condition or practice, but there are considerable
   mitigating circumstances.)
Moderate negligence...........................................        15
  (The operator knew or should have known of the violative
   condition or practice, but there are mitigating
   circumstances.)
High negligence...............................................        20
  (The operator knew or should have known of the violative
   condition or practice, and there are no mitigating
   circumstances.)
Reckless disregard............................................        25
  (The operator displayed conduct which exhibits the absence
   of the slightest degree of care.)
------------------------------------------------------------------------

    (e) Gravity. Gravity is an evaluation of the seriousness of the 
violation as measured by the likelihood of the occurrence of the event 
against which a standard is directed, the severity of the illness or 
injury if the event occurred or were to occur, and the number of persons 
potentially affected if the event occurred or were to occur. This 
criterion may contribute a maximum of 30 penalty points, with up to 10 
points derived from each of the following tables (Tables IX to XI):

                          Table IX--Likelihood
------------------------------------------------------------------------
                                                                 Penalty
                   Likelihood of occurrence                      points
------------------------------------------------------------------------
No likelihood.................................................         0
Unlikely......................................................         2
Reasonably likely.............................................         5
Highly likely.................................................         7
Occurred......................................................        10
------------------------------------------------------------------------


                            Table X--Severity
------------------------------------------------------------------------
Severity of injury or illness if the event occurred or were to   Penalty
                             occur                               points
------------------------------------------------------------------------
No lost work days.............................................         0
  (All occupational injuries and illnesses as defined in 30
   CFR part 50 except those listed below.)
Lost work days or restricted duty.............................         3
  (Any injury or illness which would cause the injured or ill
   person to lose one full day of work or more after the day
   of the injury or illness, or which would cause one full day
   or more of restricted duty.)
Permanently disabling.........................................         7
  (Any injury or illness which would be likely to result in
   the total or partial loss of the use of any member or
   function of the body.)
Fatal.........................................................        10

[[Page 676]]

 
  (Any work-related injury or illness resulting in death, or
   which has a reasonable potential to cause death.)
------------------------------------------------------------------------


                 Table XI--Persons Potentially Affected
------------------------------------------------------------------------
 Number of persons potentially affected if the event occurred    Penalty
                       or were to occur                          points
------------------------------------------------------------------------
0.............................................................         0
1.............................................................         1
2.............................................................         2
3.............................................................         4
4 to 5........................................................         6
6 to 9........................................................         8
More than 9...................................................        10
------------------------------------------------------------------------

    (f) Demonstrated good faith of the operator in abating the 
violation. This criterion provides a 30% reduction in the penalty amount 
of a regular assessment where the operator abates the violation in the 
time set by the inspector. Where the operator does not abate within the 
time set by the inspector, 10 penalty points will be assigned.
    (g) Penalty conversion table. The following penalty conversion table 
shall be used to convert the accumulation of penalty points to the 
appropriate proposed monetary assessment.

                        Penalty Conversion Table
------------------------------------------------------------------------
                         Points                             Penalty ($)
------------------------------------------------------------------------
20 or fewer.............................................              72
21......................................................              80
22......................................................              87
23......................................................              94
24......................................................             101
25......................................................             109
26......................................................             120
27......................................................             131
28......................................................             142
29......................................................             153
30......................................................             164
31......................................................             178
32......................................................             193
33......................................................             207
34......................................................             221
35......................................................             237
36......................................................             254
37......................................................             273
38......................................................             291
39......................................................             310
40......................................................             327
41......................................................             354
42......................................................             383
43......................................................             409
44......................................................             437
45......................................................             463
46......................................................             500
47......................................................             536
48......................................................             629
49......................................................             749
50......................................................             878
51......................................................           1,033
52......................................................           1,198
53......................................................           1,376
54......................................................           1,566
55......................................................           1,769
56......................................................           2,003
57......................................................           2,252
58......................................................           2,515
59......................................................           2,793
60......................................................           3,086
61......................................................           3,419
62......................................................           3,770
63......................................................           4,137
64......................................................           4,521
65......................................................           4,856
66......................................................           5,099
67......................................................           5,342
68......................................................           5,585
69......................................................           5,828
70......................................................           6,071
71......................................................           6,374
72......................................................           6,678
73......................................................           6,981
74......................................................           7,285
75......................................................           7,588
76......................................................           7,892
77......................................................           8,499
78......................................................           9,106
79......................................................           9,713
80......................................................          10,321
81......................................................          11,535
82......................................................          12,749
83......................................................          13,963
84......................................................          15,177
85......................................................          16,392
86......................................................          18,213
87......................................................          20,642
88......................................................          23,070
89......................................................          25,498
90......................................................          27,927
91......................................................          30,355
92......................................................          33,391
93......................................................          36,427
94......................................................          39,462
95......................................................          42,498
96......................................................          45,533
97......................................................          48,569
98......................................................          51,605
99......................................................          54,640
100.....................................................          60,000
------------------------------------------------------------------------

    (h) The effect on the operator's ability to continue in business. It 
is initially presumed that the operator's ability to continue in 
business will not be affected by the assessment of a civil penalty. The 
operator may submit information to the District Manager concerning the 
business financial status to show that payment of the penalty will 
affect the operator's ability to continue in business. If the 
information provided by the operator indicates that the penalty will 
adversely affect the

[[Page 677]]

ability to continue in business the penalty may be adjusted.

[47 FR 22294, May 21, 1982, as amended at 57 FR 2970, Jan. 24, 1992; 57 
FR 60697, Dec. 21, 1992; 63 FR 20035, Apr. 22, 1998; 68 FR 6613, Feb. 
10, 2003]



Sec. 100.4  Determination of penalty; single penalty assessment.

    (a) An assessment of $60 may be imposed as the civil penalty where 
the violation is not reasonably likely to result in a reasonably serious 
injury or illness (non-S&S) and is abated within the time set by the 
inspector.
    (1) If the violation is not abated within the time set by the 
inspector, the violation will not be eligible for the $60 single penalty 
and will be processed through either the regular assessment provision 
(Sec. 100.3) or special assessment provision (Sec. 100.5).
    (2) If the violation meets the criteria for excessive history under 
paragraph (b) of this section, the violation will not be eligible for 
the $60 single penalty and will be processed through the regular 
assessment provision (Sec. 100.3).
    (b) Excessive history shall be based on overall history from 
paragraph (c) of Sec. 100.3. Excessive history is defined as 20 penalty 
points for overall history. Mines having 10 or fewer assessed violations 
in a preceding 24-month period will be excluded from any excessive 
history determination. Only violations that are paid or finally 
adjudicated will be included in determining excessive history. Only 
citations and orders issued on or after January 1, 1991, shall be 
considered in determining excessive history.

[57 FR 60697, Dec. 21, 1992; 57 FR 61612, Dec. 28, 1992; 63 FR 20035, 
Apr. 22, 1998; 68 FR 6613, Feb. 10, 2003]



Sec. 100.5  Determination of penalty; special assessment.

    (a) MSHA may elect to waive the regular assessment formula (Sec. 
100.3) or the single assessment provision (Sec. 100.4) if the Agency 
determines that conditions surrounding the violation warrant a special 
assessment. Although an effective penalty can generally be derived by 
using the regular assessment formula and the single assessment 
provision, some types of violations may be of such a nature or 
seriousness that it is not possible to determine an appropriate penalty 
under these provisions. Accordingly, the following categories will be 
individually reviewed to determine whether a special assessment is 
appropriate:
    (1) Violations involving fatalities and serious injuries;
    (2) Unwarrantable failure to comply with mandatory health and safety 
standards;
    (3) Operation of a mine in the face of a closure order;
    (4) Failure to permit an authorized representative of the Secretary 
to perform an inspection or investigation;
    (5) Violations for which individuals are personally liable under 
section 110(c) of the Act;
    (6) Violations involving an imminent danger;
    (7) Discrimination violations under section 105(c) of the Act; and
    (8) Violations involving an extraordinarily high degree of 
negligence or gravity or other unique aggravating circumstances.
    (b) When MSHA determines that a special assessment is appropriate, 
such special assessment shall take into account the criteria enumerated 
in Sec. 100.3(a) and Sec. 100.4(b). All findings shall be in narrative 
form.
    (c) Any operator who fails to correct a violation for which a 
citation has been issued under section 104(a) of the Mine Act within the 
period permitted for its correction may be assessed a civil penalty of 
not more than $6,500 for each day during which such failure or violation 
continues.
    (d) Any miner who willfully violates the mandatory safety standards 
relating to smoking or the carrying of smoking materials, matches, or 
lighters shall be subject to a civil penalty which shall not be more 
than $275 for each occurrence of such violation.

[47 FR 22294, May 21, 1992, as amended at 57 FR 60697, Dec. 21, 1992; 63 
FR 20035, Apr. 22, 1998; 68 FR 6613, Feb. 10, 2003]



Sec. 100.6  Procedures for review of citations and orders; procedures for 
assessment of civil penalties and conferences.

    (a) All parties shall be afforded the opportunity to review with 
MSHA each

[[Page 678]]

citation and order issued during an inspection.
    (b) Upon notice by MSHA, all parties shall have 10 days within which 
to submit additional information or request a safety and health 
conference with the District Manager or designee. A conference request 
may include a request to be notified of, and to participate in, a 
conference initiated by another party.
    (c) It is within the sole discretion of MSHA to grant a request for 
a conference and to determine the nature of the conference.
    (d) When a conference is conducted, the parties may submit any 
additional relevant information relating to the violation, either prior 
to or at the conference. To expedite the conference, the official 
assigned to the case may contact the parties to discuss the issues 
involved prior to the conference.
    (e) MSHA will consider all relevant information submitted in a 
timely manner by the parties with respect to the violation. When the 
facts warrant a finding that no violation occurred, the citation or 
order will be vacated.
    (f) All citations which have been abated and all orders will be 
promptly referred by the District Manager to the Office of Assessments.
    (g) The Office of Assessments will use the citations, orders, and 
inspector's evaluation as the basis for determining the appropriate 
amount of a proposed penalty.



Sec. 100.7  Notice of proposed penalty; notice of contest.

    (a) A notice of proposed penalty will be issued and served by 
certified mail upon the party to be charged and by regular mail to the 
representative of miners at the mine after the time permitted to request 
a conference under Sec. 100.6 expires, or upon the completion of a 
conference, or upon review by MSHA of additional information submitted 
in a timely manner.
    (b) Upon receipt of the notice of proposed penalty, the party 
charged shall have 30 days to: (1) Pay the proposed assessment 
(acceptance by MSHA of payment tendered by the party charged will close 
the case); or, (2) notify MSHA in writing of the intention to contest 
the proposed penalty. The Office of Assessments shall provide a return 
mailing card with each notice of proposed penalty to be used by the 
party charged to request a hearing before the Federal Mine Safety and 
Health Review Commission under section 105 of the Act. Such a request 
must be sent to the address listed on such notification. When MSHA 
receives the notice of contest, it shall immediately advise the 
Commission of such notice, and shall promptly forward the case to the 
Office of the Solicitor. No proposed penalty which has been contested 
before the Commission, shall be compromised, mitigated or settled except 
with the approval of the Commission.
    (c) The failure to pay or to contest the proposed penalty within 30 
days of receipt of notice thereof shall result in the proposed penalty 
being deemed a final order of the Commission and not subject to review 
by any court or agency.



Sec. 100.8  Service.

    (a) All operators are required by 30 CFR part 41 (Notification of 
Legal Identity) to file with MSHA the name and address of record of the 
operator. All representatives of miners are required by 30 CFR part 40 
(Representative of Miners) to file with MSHA the mailing address of the 
person or organization acting in a representative capacity. Proposed 
penalty assessments delivered to those addresses shall constitute 
service.
    (b) If any of the parties choose to have proposed penalty 
assessments mailed to a different address, the Office of Assessments 
must be notified in writing of the new address. Delivery to this address 
shall also constitute service.
    (c) Service for operators who fail to file under 30 CFR part 41 will 
be upon the last known business address recorded with MSHA.

                        PARTS 101-103 [RESERVED]

[[Page 679]]



                   SUBCHAPTER Q_PATTERN OF VIOLATIONS





PART 104_PATTERN OF VIOLATIONS--Table of Contents




Sec.
104.1 Purpose and scope.
104.2 Initial screening.
104.3 Pattern criteria.
104.4 Issuance of notice.
104.5 Termination of notice.

    Authority: 30 U.S.C. 814(e), 957.

    Source: 55 FR 31136, July 31, 1990, unless otherwise noted.



Sec. 104.1  Purpose and scope.

    This part establishes the criteria and procedures for determining 
whether a mine operator has established a pattern of significant and 
substantial (S&S) violations at a mine. It implements section 104(e) of 
the Federal Mine Safety and Health Act of 1977 (Act) by addressing mines 
with an inspection history of recurrent S&S violations of mandatory 
safety or health standards that demonstrate a mine operator's disregard 
for the health and safety of miners. The purpose of the procedures in 
this part is the restoration of effective safe and healthful conditions 
at such mines.



Sec. 104.2  Initial screening.

    At least once each year, MSHA shall review the compliance records of 
mines. MSHA's review shall include an examination of the following:
    (a) The mine's history of--
    (1) Significant and substantial violations;
    (2) Section 104(b) of the Act closure orders resulting from 
significant and substantial violations; and
    (3) Section 107(a) of the Act imminent danger orders.
    (b) In addition to the compliance records listed in paragraph (a) of 
this section, the following shall also be considered as part of the 
initial screening:
    (1) Enforcement measures, other than section 104(e) of the Act, 
which have been applied at the mine.
    (2) Evidence of the mine operator's lack of good faith in correcting 
the problem that results in repeated S&S violations.
    (3) An accident, injury, or illness record that demonstrates a 
serious safety or health management problem at the mine.
    (4) Any mitigating circumstances.
    (c) Only citations and orders issued after October 1, 1990, shall be 
considered as part of the initial screening.



Sec. 104.3  Pattern criteria.

    (a) The criteria of this section shall be used to identify those 
mines with a potential pattern of violations. These criteria shall be 
applied only after initial screening conducted in accordance with Sec. 
104.2 of this part reveals that the operator may habitually allow the 
recurrence of violations of mandatory safety standards or health 
standards which significantly and substantially contribute to the cause 
and effect of mine safety or health hazards. These criteria are--
    (1) A history of repeated significant and substantial violations of 
a particular standard;
    (2) A history of repeated significant and substantial violations of 
standards related to the same hazard; or
    (3) A history of repeated significant and substantial violations 
caused by unwarrantable failure to comply.
    (b) Only citations and orders issued after October 1, 1990, and that 
have become final shall be used to identify mines with a potential 
pattern of violations under this section.



Sec. 104.4  Issuance of notice.

    (a) When a potential pattern of violations is identified, the 
District Manager shall notify the mine operator in writing. A copy of 
the notification shall be provided to the representative of miners at 
the mine. The notification shall specify the basis for identifying the 
mine as having a potential pattern of violations and give the mine 
operator a reasonable opportunity, not to exceed 20 days from the date 
of notification, to take the following steps:
    (1) Review all documents upon which the pattern of violations 
evaluation is based.
    (2) Provide additional information.

[[Page 680]]

    (3) Submit a written request for a conference with the District 
Manager. The District Manager shall hold any such conference within 10 
days of a request. The representative of miners at the mine shall be 
provided an opportunity to participate in the conference.
    (4) Institute a program to avoid repeated significant and 
substantial violations at the mine. The District Manager may allow an 
additional period, not to exceed 90 days, for determining whether the 
program effectively reduces the occurrence of significant and 
substantial violations at the mine. The representative of miners shall 
be provided an opportunity to discuss the program with the District 
Manager.
    (b) If the District Manager continues to believe that a potential 
pattern of violations exists at the mine, a report of the evaluation 
made under this part shall be sent to the appropriate MSHA 
Administrator. This report shall be submitted no more than 120 days from 
the notification to the operator and miners' representative under 
paragraph (a) of this section. Alternatively, in cases where no program 
to reduce S&S violations has been implemented at the mine, the report 
shall be submitted no more than 60 days from such notification. A copy 
of the report shall be provided to the mine operator and the miners' 
representative 10 days before the report is sent to the Administrator. 
Both parties will have 10 days from receipt of the report to submit 
written comments to the Administrator.
    (c) Within 30 days of receipt of a report from a District Manager, 
the Administrator shall issue a decision as to whether the mine is to be 
issued a notice of a pattern of violations. A copy of the decision shall 
be provided to the mine operator and the representative of the miners.
    (d) The mine operator shall post all notifications issued under this 
part at the mine. A notice of a pattern of violations shall remain 
posted at the mine until such notice is terminated under Sec. 104.5 of 
this part.



Sec. 104.5  Termination of notice.

    (a) Termination of a section 104(e)(1) of the Act pattern of 
violations notice shall occur when an inspection of the entire mine by 
MSHA finds no significant and substantial violations or if no withdrawal 
order is issued by MSHA in accordance with section 104(e)(1) of the Act 
within 90 days of the issuance of the pattern notice.
    (b) The mine operator may request an inspection of the entire mine 
or portion of the mine. No advance notice of the inspection shall be 
provided, and the scope of inspection shall be determined by MSHA. 
Partial mine inspections covering the entire mine within 90 days shall 
constitute an inspection of the entire mine for the purposes of this 
part.

                        PARTS 105-199 [Reserved]


[[Page 681]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Material Approved for Incorporation by Reference
  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 683]]

            Material Approved for Incorporation by Reference

                       (Revised as of July 1, 2004

  The Director of the Federal Register has approved under 5 U.S.C. 
552(a) and 1 CFR Part 51 the incorporation by reference of the following 
publications. This list contains only those incorporations by reference 
effective as of the revision date of this volume. Incorporations by 
reference found within a regulation are effective upon the effective 
date of that regulation. For more information on incorporation by 
reference, see the preliminary pages of this volume.


30 CFR (PARTS 1 TO 199)

MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
                                                                  30 CFR
  (Copies of material incorporated in Parts 56 and 
  57 are available at MSHA Metal and Nonmetal Mine 
  Safety and Health District Offices. Copies of 
  material incorporated in Parts 70, 71, 75 and 77 
  are available at MSHA Coal Mine Safety and 
  Health District and Subdistrict Offices. For a 
  complete listing of these addresses, see the end 
  of this table.)


American Conference of Governmental Industrial Hygienists

  P.O. Box 1937, Cincinnati, OH 45201
Threshold Limit Values for Substances in Workroom                70.1900
  Air (1972).
TLVs: Threshold Limit Values for Chemical               56.5001; 57.5001
  Substances in Workroom Air (1973).
TLVs: Threshold Limit Values of Airborne                  71.700; 75.322
  Contaminants (1972).


American Insurance Association

  85 John St., New York, NY 10038
National Building Code, 1967......................     71.402; 75.1712-3


American National Standards Institute

  25 West 43rd Street, Fourth floor, New York, NY 
  10036; Telephone: (212) 642-4900
ANSI N13.8-73 Radiation Protection in Uranium         57.5037; 57.5040; 
  Mines.                                                         57.5047
ANSI S1.4-71 Specifications for Sound Level Meters    56.5050; 57.5050; 
                                                          70.500; 70.505
ANSI-ASA 40.8-55 National Plumbing Code...........      71.402; 71.602; 
                                                               75.1712-3
ANSI Z88.2-69 Practices for Respiratory Protection    56.5005; 57.5005; 
                                                                  72.710


American Society of Mechanical Engineers

  Three Park Avenue, New York, NY 10016-5990; 
  Order inquiries: 22 Law Drive, P.O. Box 2900, 
  Fairfield, New Jersey 07007; Phone: 1-800-843-
  2763
ASME Boiler and Pressure Vessel Code, 1977:
  Sections I-VIII.....................................56.13001; 57.13001
  Sections I-VII......................................56.13030; 57.13030
ASME Boiler and Pressure Vessel Code, 1971:
  Sections I-VIII.................................................77.411
  Section VIII...................................................75.1730

[[Page 684]]

American Society for Testing and Materials

  100 Barr Harbor Drive, West Conshohocken, PA 
  19428-2959; Telephone: (610) 832-9585, FAX: 
  (610) 832-9555
Book of ASTM Standards, 1968: Part 28, Rubber,        75.705-8; 77.704-8
  Carbon Black; Gaskets.
ASTM E 72-80 Standard Methods of Conducting              75.333(e)(1)(i)
  Strength Tests of Panels for Building 
  Construction.
ASTM E 119-88 Standard Test Methods for Fire Tests       75.301; 75.1900
  of Building Construction and Materials.
ASTM E 162-87 Standard Test Method for Surface      75.333(d), (e), and 
  Flammability of Materials Using a Radiant Heat          (f); 75.335(a)
  Energy Source.
ASTM F 496-97, Standard Specification for In-                     75.818
  Service Care of Insulating Gloves and Sleeves.


American Welding Society

  550 N.W. LeJeune Road, Miami, FL 33126
AWS D1.1-1973 Structural Welding Code.............               77.403a
AWS D14.4-77, Classification and Application of                    7.304
  Welded Joints for Machinery and Equipment.


California, State of

California Administrative Code: Title 8
  Article 7--Logging and Sawmill Safety Orders Section 5243--Trac77.403a
  Yarding (Register 69, No. 10--3-8-69).
  Article 10--Construction Safety Orders Sections 1591(i) and 15977.403a
  Haulage and Earth Moving (Register 70, No. 40--10-3-70).
  Section 2655--Overhead Guards for High-Lift Rider Trucks (Regist77.403 
  No.6--2-8-72).


Corps of Engineers, Department of the Army

EM-385-1-1 General Safety Requirements, 1967......               77.403a


Department of Defense

  DODSSP Standardization Document Order Desk, 700 
  Robbins Ave., Bldg. 4D, Philadelphia, PA 19111-
  5098
Military specifications:
  MIL-F-15160D Fuses; Instrument, Power, and Telephone.............28.31
  MIL-STD-105D Sampling Procedures and Tables for Inspection by    29.41
  Attributes.
  MIL-STD-248 Welding and Brazing: Procedure and Performance     77.403a
  Qualification.
  MIL-STD-414 Sampling Procedures and Tables for Inspection by Vari29.41 
  for Percent Defective.


Institute of Electrical and Electronics Engineers, Inc.

  Service Center, 445 Hoes Lane, Piscataway, NJ 
  08855; Telephone: (800) 678-4333
IEEE standard No. 32--1972 Requirements,           75.1719-2; 77.801-1; 
  Terminology, and Test Procedures for Neutral                  77.901-1
  Grounding Devices.


Department of the Interior

Bureau of Mines Instruction Guide No. 2--MSA W-65               57.18028
  Self Rescuer (1972).
Bureau of Mines Instruction Guide No. 3--                       57.18028
  Permissible Drager 810 Respirator for Self-
  Rescue (1972).
Bureau of Mines Instruction Guide No. 19--Mine                  57.18028
Emergency Training (1972).
[[Page 685]]

Institute of Makers of Explosives

  1420 Lexington Ave., New York, NY 10017
IME Safety Library Publication No. 22--            56.6000; 56.6133(b); 
  Recommendations for the Safe Transportation of      56.6201(a)(2) and 
  Detonators in a Vehicle with Certain Other           (b)(2); 57.6000; 
  Explosive Materials, May, 1993.                           57.6133(b); 
                                                      57.6201(a)(2) and 
                                                                  (b)(2)
Generic Loading Guide for the IME-22 Container,    56.6000; 56.6133(b); 
  October, 1993.                                      56.6201(a)(2) and 
                                                       (b)(2); 57.6000; 
                                                            57.6133(b); 
                                                      57.6201(a)(2) and 
                                                                  (b)(2)


Mine Safety and Health Administration, Department of Labor

MSHA Information Report No. IR 1240 (1996):             70.204; 71.204; 
  Calibration and Maintenance Procedures for Coal                 90.204
  Mine Respirable Dust Samplers.


National Board of Boiler and Pressure Vessel Inspectors

  1055 Crupper Ave., Columbus, OH 43229
National Board Inspection Code, 1979..............    56.13015; 57.13015
 Chapter I-V and Appendices.......................    56.13030; 57.13030


National Fire Protection Association

  1 Batterymarch Park, Quincy, MA 02269-9101, 
  Telephone: (800) 344-3555
National Electrical Code, 1968....................  56.12045; 56.12048; 
                                                    57.12045; 57.12048; 
                                                    75.513-1; 75.518-1; 
                                                    77.503-1; 77.506-1; 
                                                          77.516; 77.901
NFPA 11A--1970 High Expansion Foam Systems........            75.1107-16
NFPA 13--1968-1969 Installation of Sprinkler                   75.1101-7
  Systems.
NFPA 13A--1971 Care and Maintenance of Sprinkler              75.1107-16
  Systems.
NFPA 15--1969 Water Spray Fixed Systems for Fire              75.1107-16
  Protection.
NFPA 17--1969 Dry Chemical Extinguishing Systems..            75.1107-16
NFPA 22--1971 Water Tanks for Private Fire         75.1107-3; 75.1107-13
  Protection.
NFPA 60--1961 Installation and Operation of                       77.301
  Pulverized Fuel Systems.
NFPA 72A--1967 Local Protective Signaling Systems. 75.1103-2; 75.1107-4; 
                                                              75.1107-16
NFPA 198--1969 Care of Fire Hose..................            75.1107-16


National Institute of Standards and Technology (formerly National Bureau 
of Standards), Department of Commerce

National Electrical Safety Code, 1961; Part 2:        56.12047; 57.12047
  Safety Rules for the Installation and 
  Maintenance of Electric Supply and 
  Communications Lines; and Supplement 2 (1968).
National Electrical Safety Code, 1971.............              77.807-1


Society of Automotive Engineers

  400 Commonwealth Dr., Warrendale, PA 15096; 
  Telephone: (412) 776-4841
SAE J167--1974 Protective Frame with Overhead                    77.403a
Protection--Test Procedures and Performance 
[[Page 686]]s.

SAE J231--1971 Minimum Performance Criteria for                   77.403
  Falling Object Protection Structures (FOPS).
SAE J320a--1967 (R 69; 1970 editorial change)                    77.403a
  Roll-Over Protective Structures for Rubber-Tired 
  Self-Propelled Scrapers.
SAE J320b--1967 (R 72; 1972 editorial change)                    77.403a
  Roll-Over Protective Structures for Prime 
  Movers.
SAE J334a--1968 (R 70) Protective Frame Procedure                77.403a
  and Performance Requirements.
SAE J386--1985, 1993, 1997 Operator Restraint       56.14130; 56.14131; 
  System for Off-road Work Machines.                  57.14130; 57.14131
SAE J394--1969 (1970 editorial change) Roll-Over                 77.403a
  Protective Structures for Rubber-Tired Front-End 
  Loaders and Rubber-Tired Dozers.
SAE J394a--1969 (R 72; 1972 editorial change)                    77.403a
  Roll-Over Protective Structures for Wheeled 
  Front-End Loaders and Wheeled dozers.
SAE J395--1969 (1970 editorial change) Roll-Over                 77.403a
  Protective Structures for Crawler Tractors and 
  Crawler-Type Loaders.
SAE J395a--1969 (R 72; 1972 editorial change)                    77.403a
  Roll-Over Protective Structures for Track-Type 
  Tractors and Track-Type Front-End Loaders.
SAE J396--1969 (1970 editorial change) Roll-Over                 77.403a
  Protective Structures for Motor Graders.
SAE J396a--1969 (R 72; 1972 editorial change)                    77.403a
  Roll-Over Protective Structures for Motor 
  Graders.
SAE J397--1969 Critical Zone--Characteristics and                77.403a
  Dimensions for Operators of Construction and 
  Industrial Machinery.
SAE J397a--1969 (R 72; 1973 editorial change)                    77.403a
  Deflection Limiting Volume for Laboratory 
  Evaluation of Roll-Over Protective Structures 
  (ROPS) and Falling Object and Protective 
  Structures (FOPS) of Construction and Industrial 
  Vehicles.
SAE J429d--1967 Mechanical and Quality                           77.403a
  Requirements for Externally Threaded Fasteners.
SAE J429e--1969 Mechanical and Quality                           77.403a
  Requirements for Externally Threaded Fasteners.
SAE J429f--1971 Mechanical and Quality                           77.403a
  Requirements for Externally Threaded Fasteners.
SAE J429g--1977 Mechanical and Quality                           77.403a
  Requirements for Externally Threaded Fasteners.
SAE J995--1967 Mechanical and Quality Requirements               77.403a
  for Steel Nuts.
SAE J995a--1969 Mechanical and Quality                           77.403a
  Requirements for Steel Nuts.
SAE J995b--1971 Mechanical and Quality                           77.403a
  Requirements for Steel Nuts.
SAE J1040--1986 Performance Criteria for Roll-over    56.14130; 57.14130
  Protective Structures for Construction, 
  Earthmoving, Foestry, and Mining Machines.
SAE J1194--1983, 1989, 1994, 1999 Roll-over           56.14130; 57.14130
  Protective Structures for Wheeled Agricultural 
  Tractors.


Underwriters Laboratories, Inc.

  Available from: Global Engineering Documents, 15 
  Inverness Way East, Englewood, CO 80112; 
  Telephone: (800) 854-7179 or

[[Page 687]]

  Global Engineering Documents, 7730 Carondelet 
  Ave., Suite 470, Clayton, MO 63105; Telephone: 
  (800) 854-7179
UL-198--1971 UL Standard for Alternating Current                   28.40
  Fuses.


MSHA District Office Addresses

  Coal Mine Safety and Health
District 1, 7 North Wilkes-Barre Boulevard, Wilkes-Barre, PA 18702.
District 2, 319 Paintersville Road, Hunker, PA 15639
District 3, 5012 Mountaineer Mall, Morgantown, WV 26505
District 4, 100 Bluestone Road, Mount Hope, WV 25880
District 5, Wise County Plaza, 2nd Floor, P.O. Box 560, Norton, VA 24273
District 6, 100 Fae Ramsey Lane, Pikeville, KY 41501-3211
District 7, 3837 S. U.S. Highway 25E, Barbourville, KY 40906
District 8, 2300 Willow Street, Suite 200, Vincennes, IN 47591
District 9, 730 Simms Street, Room 440, Golden, CO 80401
District 10, 100 YMCA Drive, Madisonville, KY 42431-9019
District 11, 135 Gemini Circle, Suite 213, Birmingham, AL 35209
MSHA District Office Addresses
 Metal and Nonmetal Mine Safety and Health
Northeastern District, 547 Keystone Drive, Warrendale, PA 15086-7573
Southeastern District, 135 Gemini Circle, Suite 212, Birmingham, AL 
  35209
North Central District, 515 West First Street, Number 333, Duluth, MN 
  55802-1302
South Central District, 1100 Commerce Street, Room 462, Dallas, TX 
  75242-0499
Rocky Mountain District, 730 Simms Street, Golden, CO 80401-4720
Western District, 2060 Peabody Road, Suite 610, Vacaville, CA 95687


[[Page 689]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2004)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  [Reserved]
        II  Office of Management and Budget Circulars and Guidance 
                [Reserved]
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements [Reserved]


                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)

[[Page 690]]

        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3201)
     XXIII  Department of Energy (Part 3301)
      XXIV  Federal Energy Regulatory Commission (Part 3401)
       XXV  Department of the Interior (Part 3501)
      XXVI  Department of Defense (Part 3601)
    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
        LV  National Endowment for the Arts (Part 6501)
       LVI  National Endowment for the Humanities (Part 6601)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
     LXVII  Institute of Museum and Library Services (Part 7701)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
    LXXIII  Department of Agriculture (Part 8301)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)

[[Page 691]]

     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                      Title 6--Homeland Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)

[[Page 692]]

      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy, Department of Agriculture (Parts 
                2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)

[[Page 693]]

       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Part 1800)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board, Department of 
                Commerce (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board, 
                Department of Commerce (Parts 500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)

[[Page 694]]

       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

[[Page 695]]

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  Bureau of Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Bureau of Immigration and Customs Enforcement, 
                Department of Homeland Security (Parts 400--599)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)

[[Page 696]]

        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board Regulations (Parts 
                900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]

[[Page 697]]

       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Part 1200)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

[[Page 698]]

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)

[[Page 699]]

        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)

[[Page 700]]

        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Part 1501)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

[[Page 701]]

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)

[[Page 702]]

       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-70)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10010)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare

[[Page 703]]

        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)

[[Page 704]]

       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  United States Agency for International Development 
                (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)

[[Page 705]]

        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department of Transportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)
        XI  Bureau of Transportation Statistics, Department of 
                Transportation (Parts 1400--1499)
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1599)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)

[[Page 706]]

         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR

[[Page 707]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2004)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development, United      22, II
     States
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            5, LXXIII
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX

[[Page 708]]

Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               44, IV
  Census Bureau                                   15, I
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV, VI
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Corporation for National and Community Service    45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    28, VIII
     for the District of Columbia
Customs and Border Protection Bureau              19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII

[[Page 709]]

  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
District of Columbia, Court Services and          28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   5, LIV; 40, I, IV, VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                5, III, LXXVII; 14, VI; 
                                                  48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II

[[Page 710]]

  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5

[[Page 711]]

  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V; 42, I
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  6, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection Bureau            19, I
  Federal Emergency Management Agency             44, I
  Immigration and Customs Enforcement Bureau      19, IV
  Immigration and Naturalization                  8, I
  Transportation Security Administration          49, XII
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Customs Enforcement Bureau        19, IV
Immigration and Naturalization                    8, I
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V; 42, I
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General

[[Page 712]]

  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                5, XXVIII; 28, I, XI; 40, 
                                                  IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A

[[Page 713]]

  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   45, XII, XXV
National Archives and Records Administration      5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV, VI
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
   Commission
[[Page 714]]

Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Procurement and Property Management, Office of    7, XXXII
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV

[[Page 715]]

Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection Bureau            19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 717]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations which were 
made by documents published in the Federal Register since January 1, 
2001, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
For the period before January 1, 2001, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, 1973-1985, and 1986-2000'' published in 
11 separate volumes.

                                  2001

30 CFR
                                                                   66 FR
                                                                    Page
Chapter I
42 Regulation at 65 FR 59096 eff. date delayed.....................45167
47 Regulation at 65 FR 59096 eff. date delayed.....................45167
56.16004 Regulation at 65 FR 59096 eff. date delayed...............45167
56.20012 Regulation at 65 FR 59096 eff. date delayed...............45167
57.5001-57.5075 (Subpart D) Heading revised.........................5907
57.5060--57.5075 Undesignated center heading and sections added.....5907
    Regulations at 66 FR 5907 eff. date delayed.............15032, 27863
    Regulation at 66 FR 5907 eff. 7-05-01..........................35518
57.5065 Heading corrected; (c) removed.............................35520
57.5067 (a) amended................................................15033
    (a) amended; eff. 7-5-01.......................................27864
57.16004 Regulation at 65 FR 59096 eff. date delayed...............45167
57.20012 Regulation at 65 FR 59096 eff. date delayed...............45167
72 Regulation at 66 FR 5704 eff. date delayed......................15033
72.500--72.520 (Subpart D) Added....................................5704
72.500 (a) amended.................................................15033
    (a) and (b) corrected..........................................27866
72.501 (a) amended.................................................15033
    (a), (b) and (c) corrected.....................................27866
72.502 (a) amended.................................................15033
    (a) and (b) table corrected....................................27866
77.208 Regulation at 65 FR 59096 eff. date delayed.................45167

                                  2002

30 CFR
                                                                   67 FR
                                                                    Page
Chapter I
18.53 Added........................................................10999
18.82 (a) amended..................................................38384
42 Regulation at 65 FR 59096 withdrawn.............................42314
    Redesignated from Part 47......................................42382
    Technical correction...........................................57635
44.10 Amended......................................................38384
44.21 (a) amended..................................................38384
46 Technical correction............................................57635
46.2 (d)(1)(iii) amended...........................................38384
46.3 (h) amended...................................................38384
46.5 (b)(4) revised................................................42382
46.6 (b)(4) revised................................................42382
46.7 (a) revised...................................................42382
46.8 (c) amended...................................................42382
47 Regulation at 65 FR 59096 withdrawn.............................42314
    Redesignated as Part 42; new Part 47 added.....................42382
47.11 Corrected....................................................57635
47.32 Corrected....................................................57635
47.42 (d) corrected................................................63255
47.52 Corrected....................................................57635
47.92 Corrected....................................................57635
    Table 47.92 corrected..........................................63255
48 Technical correction.....................................57635, 78713
48.3 (i) amended...................................................38384
48.5 (b)(13) revised...............................................42388
48.6 (b)(11) revised...............................................42388

[[Page 718]]

48.7 (a)(1) and (c) revised........................................42388
48.8 (c) and (d) redesignated as (d) and (e); new (c) added........42389
    (b)(4) revised.................................................76665
48.23 (i) amended..................................................38384
48.25 (b)(12) revised..............................................42389
48.26 (b)(11) revised..............................................42389
48.27 (a)(1) and (c) revised.......................................42389
48.28 (c) and (d) redesignated as (d) and (e); new (c) added.......42389
48.32 (a) amended..................................................38384
49.3 (h)(2) amended................................................38385
49.4 (i)(2) amended................................................38385
49.8 (e) amended...................................................38385
56 Technical correction............................................57635
56.6000 Amended....................................................38385
56.6133 (b) amended................................................38385
56.6201 (a)(2) and (b)(2) amended..................................38385
56.14130 (j) amended...............................................38385
56.14131 (d) amended...............................................38385
56.16004 Regulation at 65 FR 59096 withdrawn.......................42314
    Revised........................................................42389
56.20012 Regulation at 65 FR 59096 withdrawn.......................42314
    Removed........................................................42389
57 Technical correction............................................57635
57.5060 (d), (e) and (f) suspended.................................47297
57.5062 Suspended..................................................47297
57.5066 (b)(1) and (2) revised......................................9184
57.5067 (b)(3) added................................................9184
57.6000 Amended....................................................38385
57.6133 (b) amended................................................38385
57.6201 (a)(2) and (b)(2) amended..................................38385
57.14130 (j) amended...............................................38385
57.14131 (d) amended...............................................38385
57.16004 Regulation at 65 FR 59096 withdrawn.......................42314
    Revised........................................................42389
57.20012 Regulation at 65 FR 59096 withdrawn.......................42314
    Removed........................................................42389
57.22005 (b) amended...............................................38385
70.204 (e) amended.................................................38385
70.1900 (c) amended................................................38385
71.204 (e) amended.................................................38385
71.402 (b) amended.................................................38385
71.500 (c) amended.................................................38385
71.700 (a) amended.................................................38385
72.710 Amended.....................................................38386
75 Technical correction.....................................78713, 38425
75.2 Amended.......................................................11001
75.301 Amended.....................................................38386
75.322 Amended.....................................................38386
75.333 (d)(1), (e)(1)(i), (3) and (f) amended......................38386
75.335 (a)(1)(iv) and (2) amended..................................38386
75.523-1 (c) amended...............................................38386
75.800--75.822 (Subpart I) Appendix A added........................11001
    Appendix A corrected...........................................18823
75.813 Undesignated center heading and section added...............11001
75.814 Added.......................................................11001
75.815 Added.......................................................11001
75.816 Added.......................................................11001
75.817 Added.......................................................11001
75.818 Added.......................................................11001
    (b)(4) amended.................................................38386
75.819 Added.......................................................11001
75.820 Added.......................................................11001
75.821 Added.......................................................11001
75.822 Added.......................................................11001
75.1002 Revised....................................................11004
75.1002-1 Removed..................................................11004
75.1101-23 Redesignated as 75.1502.................................76665
75.1500--75.1501 (Subpart P) Heading revised.......................76665
75.1501 Added......................................................76665
75.1502 Redesignated from 75.1101-23...............................76665
    Corrected......................................................78044
75.1710-1 (f) amended..............................................38386
75.1712-6 (c) amended..............................................38386
75.1900 Amended....................................................38386
77 Technical correction............................................57635
77.208 Regulation at 65 FR 59096 withdrawn.........................42314
    (c) revised....................................................42389
90.3 (d) and (e) amended...........................................38386
90.204 (e) amended.................................................38386

                                  2003

30 CFR
                                                                   68 FR
                                                                    Page
Chapter I
3.1 Table 1 amended (OMB numbers)..................................38607
6 Added; eff. 8-18-03..............................................36417
7.2 Amended; eff. 8-18-03..........................................36418
7.10 Added; eff. 8-18-03...........................................36418
18.6 (a) revised; eff. 8-18-03.....................................36419
18.15 (a) revised; eff. 8-18-03....................................36419
18.41(f) revised....................................................2883
    Regulation at 68 FR 2883 withdrawn.............................10965
    Eff. 8-22-03...................................................37082

[[Page 719]]

19.3 Revised; eff. 8-18-03.........................................36419
19.13 (a) revised; eff. 8-18-03....................................36419
20.3 Revised; eff. 8-18-03.........................................36420
20.14 (a) revised; eff. 8-18-03....................................36420
22.4 Revised; eff. 8-18-03.........................................36420
22.11 (a) revised; eff. 8-18-03....................................36420
23.3 Revised; eff. 8-18-03.........................................36421
23.14 (a) revised; eff. 8-18-03....................................36421
27.4 (a) revised; eff. 8-18-03.....................................36421
27.11 (a) revised; eff. 8-18-03....................................36421
33.6 (a) revised; eff. 8-18-03.....................................36422
33.12 (a) revised; eff. 8-18-03....................................36422
35.6 (a) revised; eff. 8-18-03.....................................36422
35.12 (a) revised; eff. 8-18-03....................................36422
36.6 (a) revised; eff. 8-18-03.....................................36422
36.12 (a) revised; eff. 8-18-03....................................36423
36.31 Reinstated in part; CFR correction...........................23892
36.32 Reinstated; CFR correction...................................23892
36.33 Reinstated; CFR correction...................................23892
36.40--36.50 (Subpart C) Heading reinstated; CFR correction........23892
36.40 Reinstated; CFR correction...................................23892
36.41 Reinstated; CFR correction...................................23892
36.42 Reinstated; CFR correction...................................23892
36.43 Reinstated; CFR correction...................................23892
48.8 (b)(4) revised................................................53049
56.2 Amended.......................................................32361
56.4000 Amended....................................................32361
56.6000 Amended....................................................32361
56.14130 (h) and (j) revised.......................................19347
56.14130 Regulation at 68 FR 19347 eff. date confirmed.............36913
56.14131 (c) and (d) revised.......................................19347
56.14131 Regulation at 68 FR 19347 eff. date confirmed.............36913
57.2 Amended.......................................................32361
57.4000 Amended....................................................32361
57.6000 Amended....................................................32361
57.14130 (h) and (j) revised.......................................19347
    Regulation at 68 FR 19347 eff. date confirmed..................36913
57.14131 (c) and (d) revised.......................................19347
    Regulation at 68 FR 19347 eff. date confirmed..................36913
71 Technical correction............................................38425
71.500 Revised.....................................................19352
    Regulation at 68 FR 19352 withdrawn............................36914
    Revised; eff. 7-23-03..........................................37087
75.362 (d)(2) amended; (d)(3) added................................40138
75.1500--75.1501 (Subpart P) Heading revised.......................53049
75.1501 Revised....................................................53049
75.1502 Revised....................................................53050
75.1712-6 Revised..................................................19352
    Regulation at 68 FR 19352 withdrawn............................36914
    Revised; eff. 7-23-03..........................................37087
100.3 (a) introductory text amended; (g) table revised..............6613
100.4 (a) revised...................................................6613
100.5 (c) revised...................................................6613

                                  2004

    (Regulations published from January 1, 2004 through July 1, 2004)

30 CFR
                                                                   69 FR
                                                                    Page
Title 30 Nomenclature change.......................................18803
Chapter I
50.2 (h) amended...................................................26499
50.10 Amended......................................................26499
50.11 (a) and (b)(8) amended.......................................26499
50.12 Amended......................................................26499
50.20 (a) amended..................................................26499
50.20-1 Amended....................................................26499
50.20-4 (a) amended................................................26499
50.20-6 (b)(7)(ii) and (v) amended.................................26499
50.30 (a) amended..................................................26499
50.30-1 (a) amended................................................26500

[[Page 720]]

56.2 Revised.......................................................38837
56.3000 Amended....................................................38840
56.4000 Amended....................................................38840
56.6000 Amended....................................................38840
56.9000 Removed....................................................38840
56.14000 Amended...................................................38840
57.2 Revised.......................................................38840
57.3000 Amended....................................................38842
57.4000 Amended....................................................38842
57.6000 Amended....................................................38842
57.9000 Removed....................................................38842
57.14000 Amended...................................................38842
57.22002 Amended...................................................38842
75.301 Amended.....................................................17526
75.350 Revised.....................................................17526
75.351 Revised; eff. in part 8-2-04................................17527
75.352 Revised.....................................................17529
75.372 (b)(16) revised.............................................17530
75.380 (g) revised; (n) added......................................17530
75.1714-2 (e) introductory text revised.............................8108


                                  [all]