[Title 30 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2021 Edition]
[From the U.S. Government Publishing Office]

[[Page i]]

Title 30

Mineral Resources

________________________

Parts 1 to 199

Revised as of July 1, 2021

Containing a codification of documents of general
applicability and future effect

As of July 1, 2021
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register

[[Page ii]]

U.S. GOVERNMENT OFFICIAL EDITION NOTICE

Legal Status and Use of Seals and Logos

The seal of the National Archives and Records Administration
(NARA) authenticates the Code of Federal Regulations (CFR) as
the official codification of Federal regulations established
under the Federal Register Act. Under the provisions of 44
U.S.C. 1507, the contents of the CFR, a special edition of the
Federal Register, shall be judicially noticed. The CFR is
prima facie evidence of the original documents published in
the Federal Register (44 U.S.C. 1510).

It is prohibited to use NARA's official seal and the stylized Code
of Federal Regulations logo on any republication of this
material without the express, written permission of the
Archivist of the United States or the Archivist's designee.
Any person using NARA's official seals and logos in a manner
inconsistent with the provisions of 36 CFR part 1200 is
subject to the penalties specified in 18 U.S.C. 506, 701, and
1017.

Use of ISBN Prefix

This is the Official U.S. Government edition of this publication
and is herein identified to certify its authenticity. Use of
the 0-16 ISBN prefix is for U.S. Government Publishing Office
Official Editions only. The Superintendent of Documents of the
U.S. Government Publishing Office requests that any reprinted
edition clearly be labeled as a copy of the authentic work
with a new ISBN.

U . S . G O V E R N M E N T P U B L I S H I N G O F F I C E

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

U.S. Superintendent of Documents Washington, DC
20402-0001

http://bookstore.gpo.gov

Phone: toll-free (866) 512-1800; DC area (202) 512-1800

[[Page iii]]

Table of Contents

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

Title 30:
Chapter I--Mine Safety and Health Administration,
Department of Labor 3
Finding Aids:
Table of CFR Titles and Chapters........................ 765
Alphabetical List of Agencies Appearing in the CFR...... 785
List of CFR Sections Affected........................... 795

[[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, 2021), 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.

PAST PROVISIONS OF THE CODE

Provisions of the Code that are no longer in force and effect as of
the revision date stated on the cover of each volume are not carried.
Code users may find the text of provisions in effect on any given date
in the past by using the appropriate List of CFR Sections Affected
(LSA). For the convenience of the reader, a ``List of CFR Sections
Affected'' is published at the end of each CFR volume. For changes to
the Code prior to the LSA listings at the end of the volume, consult
previous annual editions of the LSA. For changes to the Code prior to
2001, consult the List of CFR Sections Affected compilations, published
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

The term ``[Reserved]'' is used as a place holder within the Code of
Federal Regulations. An agency may add regulatory information at a
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used
editorially to indicate that a portion of the CFR was left vacant and
not dropped in error.

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.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed 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, 8601 Adelphi Road, College Park, MD 20740-6001,
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 Authorities
and Rules. A list of CFR titles, chapters, subchapters, 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.

[[Page vii]]

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.

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, 8601 Adelphi Road, College Park, MD
20740-6001 or e-mail [email protected]

SALES

The Government Publishing Office (GPO) processes all sales and
distribution of the CFR. For payment by credit card, call toll-free,
866-512-1800, or DC area, 202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or
fax your order to 202-512-2104, 24 hours a day. For payment by check,
write to: US Government Publishing Office - New Orders, P.O. Box 979050,
St. Louis, MO 63197-9000.

ELECTRONIC SERVICES

The full text of the Code of Federal Regulations, the LSA (List of
CFR Sections Affected), The United States Government Manual, the Federal
Register, Public Laws, Public Papers of the Presidents of the United
States, Compilation of Presidential Documents and the Privacy Act
Compilation are available in electronic format via www.govinfo.gov. For
more information, contact the GPO Customer Contact Center, U.S.
Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (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) website for public
law numbers, Federal Register finding aids, and related information.
Connect to NARA's website at www.archives.gov/federal-register.
The e-CFR is a regularly updated, unofficial editorial compilation
of CFR material and Federal Register amendments, produced by the Office
of the Federal Register and the Government Publishing Office. It is
available at www.ecfr.gov.

Oliver A. Potts,
Director,
Office of the Federal Register
July 1, 2021

[[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--199,
parts 200--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, 2021.

For this volume, Gabrielle E. Burns was Chief Editor. The Code of
Federal Regulations publication program is under the direction of John
Hyrum Martinez, assisted by Stephen J. Frattini.

[[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

[[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
14 Requirements for the approval of flame-
resistant conveyor belts................ 90
15 Requirements for approval of explosives and
sheathed explosive units................ 94
18 Electric motor-driven mine equipment and
accessories............................. 101
19 Electric cap lamps.......................... 143
20 Electric mine lamps other than standard cap
lamps................................... 148
22 Portable methane detectors.................. 153
23 Telephones and signaling devices............ 157
27 Methane-monitoring systems.................. 162
28 Fuses for use with direct current in
providing short-circuit protection for
trailing cables in coal mines........... 170
33 Dust collectors for use in connection with
rock drilling in coal mines............. 175
35 Fire-resistant hydraulic fluids............. 182

[[Page 4]]

36 Approval requirements for permissible mobile
diesel-powered transportation equipment. 189
SUBCHAPTERS C-F [RESERVED]
SUBCHAPTER G--FILING AND OTHER ADMINISTRATIVE REQUIREMENTS
40 Representative of miners.................... 203
41 Notification of legal identity.............. 204
42 National Mine Health and Safety Academy..... 206
43 Procedures for processing hazardous
conditions complaints................... 207
44 Rules of practice for petitions for
modification of mandatory safety
standards............................... 210
45 Independent contractors..................... 222
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......................... 224
47 Hazard Communication (HazCom)............... 232
48 Training and retraining of miners........... 240
49 Mine rescue teams........................... 260
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..................... 274
SUBCHAPTER J [RESERVED]
SUBCHAPTER K--METAL AND NONMETAL MINE SAFETY AND HEALTH
56 Safety and health standards--surface metal
and nonmetal mines...................... 285
57 Safety and health standards--underground
metal and nonmetal mines................ 341

[[Page 5]]

58 Health standards for metal and nonmetal
mines................................... 443
SUBCHAPTER L [RESERVED]
SUBCHAPTER M--UNIFORM MINE HEALTH REGULATIONS
62 Occupational noise exposure................. 444
SUBCHAPTER N [RESERVED]
SUBCHAPTER O--COAL MINE SAFETY AND HEALTH
70 Mandatory health standards--underground coal
mines................................... 452
71 Mandatory health standards--surface coal
mines and surface work areas of
underground coal mines.................. 466
72 Health standards for coal mines............. 480
74 Coal mine dust sampling devices............. 485
75 Mandatory safety standards--underground coal
mines................................... 496
77 Mandatory safety standards, surface coal
mines and surface work areas of
underground coal mines.................. 679
90 Mandatory health standards--coal miners who
have evidence of the development of
pneumoconiosis.......................... 735
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........... 747
101-103

[Reserved]

SUBCHAPTER Q--PATTERN OF VIOLATIONS
104 Pattern of violations....................... 761
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
------------------------------------------------------------------------
30 CFR Citation OMB Control No.
------------------------------------------------------------------------
Subchapter B--Testing, Evaluation, and Approval of Mining Products
------------------------------------------------------------------------
6.10................................................. 1219-0066
7.3.................................................. 1219-0066
7.4.................................................. 1219-0066
7.6.................................................. 1219-0066
7.7.................................................. 1219-0066

[[Page 8]]

7.23................................................. 1219-0066
7.27................................................. 1219-0066
7.28................................................. 1219-0066
7.29................................................. 1219-0066
7.30................................................. 1219-0066
7.43................................................. 1219-0066
7.46................................................. 1219-0066
7.47................................................. 1219-0066
7.48................................................. 1219-0066
7.49................................................. 1219-0066
7.51................................................. 1219-0066
7.63................................................. 1219-0066
7.69................................................. 1219-0066
7.71................................................. 1219-0066
7.83................................................. 1219-0066
7.90................................................. 1219-0066
7.97................................................. 1219-0066
7.105................................................ 1219-0066
7.108................................................ 1219-0066
7.303................................................ 1219-0066
7.306................................................ 1219-0066
7.309................................................ 1219-0066
7.311................................................ 1219-0066
7.403................................................ 1219-0066
7.407................................................ 1219-0066
7.408................................................ 1219-0066
7.409................................................ 1219-0066
7.411................................................ 1219-0066
15.4................................................. 1219-0066
15.8................................................. 1219-0066
18.6................................................. 1219-0066
18.15................................................ 1219-0066
18.53................................................ 1219-0066, -0116
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
22.8................................................. 1219-0066
22.11................................................ 1219-0066
23.3................................................. 1219-0066
23.7................................................. 1219-0066
23.10................................................ 1219-0066
23.12................................................ 1219-0066
23.14................................................ 1219-0066
27.4................................................. 1219-0066
27.6................................................. 1219-0066
27.11................................................ 1219-0066
28.10................................................ 1219-0066
28.23................................................ 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
35.10................................................ 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
41.20................................................ 1219-0042
43.4................................................. 1219-0014
43.7................................................. 1219-0014
44.9................................................. 1219-0065
44.10................................................ 1219-0065
44.11................................................ 1219-0065
45.3................................................. 1219-0040
45.4................................................. 1219-0040
------------------------------------------------------------------------
Subchapter H--Education and Training
------------------------------------------------------------------------
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
47.32................................................ 1219-0133
47.32(a)(4).......................................... 1219-0133
47.41................................................ 1219-0133
47.51................................................ 1219-0133
47.71................................................ 1219-0133
47.73................................................ 1219-0133
48.3................................................. 1219-0009, -0141
48.9................................................. 1219-0009
48.23................................................ 1219-0009
48.29................................................ 1219-0009
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
49.12................................................ 1219-0144
49.16................................................ 1219-0144
49.18................................................ 1219-0144
49.50................................................ 1219-0144
------------------------------------------------------------------------
Subchapter I--Accidents, Injuries, Illnesses, Employment, and Production
in Mines
------------------------------------------------------------------------
50.10................................................ 1219-0007, -0141
50.11................................................ 1219-0007, -0141
50.20................................................ 1219-0007
50.30................................................ 1219-0007
------------------------------------------------------------------------
Subchapter K--Metal and Nonmetal Mine Safety and Health
------------------------------------------------------------------------
56.1000.............................................. 1219-0042
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
57.1000.............................................. 1219-0042
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

[[Page 9]]

57.5065.............................................. 1219-0135
57.5066.............................................. 1219-0135
57.5067.............................................. 1219-0135
57.5070.............................................. 1219-0135
57.5071.............................................. 1219-0135
57.5075.............................................. 1219-0135
57.8520.............................................. 1219-0016
57.8525.............................................. 1219-0016
57.11053............................................. 1219-0046
57.13015............................................. 1219-0089
57.13030............................................. 1219-0089
57.14100............................................. 1219-0089
57.18002............................................. 1219-0089
57.19022............................................. 1219-0034
57.19023............................................. 1219-0034
57.19057............................................. 1219-0049
57.19121............................................. 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(b)............................................ 1219-0011
70.204............................................... 1219-0011
70.209............................................... 1219-0011
70.210............................................... 1219-0011
70.220............................................... 1219-0011
70.220(a)............................................ 1219-0011
71.201(c)............................................ 1219-0011
71.202(b)............................................ 1219-0011
71.204............................................... 1219-0011
71.209............................................... 1219-0011
71.210............................................... 1219-0011
71.220............................................... 1219-0011
71.220(a)............................................ 1219-0011
71.300............................................... 1219-0011
71.301............................................... 1219-0011
71.301(d)............................................ 1219-0011
71.403............................................... 1219-0024
71.404............................................... 1219-0024
72.500............................................... 1219-0124
72.503............................................... 1219-0124
72.510............................................... 1219-0124
72.520............................................... 1219-0124
75.100............................................... 1219-0127
75.153(a)(2)......................................... 1219-0001
75.155............................................... 1219-0127
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
75.222............................................... 1219-0004
75.223............................................... 1219-0004
75.310............................................... 1219-0088
75.312............................................... 1219-0088
75.335............................................... 1219-0142
75.336............................................... 1219-0142
75.337............................................... 1219-0142
75.338............................................... 1219-0142
75.342............................................... 1219-0088
75.350............................................... 1219-0138
75.351............................................... 1219-0088, -0116,
-0138
75.352............................................... 1219-0138
75.360............................................... 1219-0088
75.361............................................... 1219-0088
75.362............................................... 1219-0088
75.363............................................... 1219-0088
75.364............................................... 1219-0088
75.370............................................... 1219-0088
75.371............................................... 1219-0088, -0138
75.372............................................... 1219-0073
75.373............................................... 1219-0073
75.382............................................... 1219-0088
75.512............................................... 1219-0116
75.703............................................... 1219-0116
75.703-3............................................. 1219-0116
75.800............................................... 1219-0116
75.800-4............................................. 1219-0116
75.820............................................... 1210-0116
75.821............................................... 1219-0116
75.900............................................... 1219-0116
75.900-4............................................. 1219-0116
75.1001-1............................................ 1219-0116
75.1100-3............................................ 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.............................................. 1219-0054
75.1502.............................................. 1219-0054, -0141
75.1504.............................................. 1219-0141
75.1505.............................................. 1219-0141
75.1702.............................................. 1219-0041
75.1712-4............................................ 1219-0024
75.1712-5............................................ 1219-0024
75.1713-1............................................ 1219-0078
75.1714-3............................................ 1219-0141
75.1714-3(e)......................................... 1219-0044
75.1714-4............................................ 1219-0044
75.1714-5............................................ 1219-0141
75.1714-8............................................ 1219-0141
75.1716.............................................. 1219-0020
75.1716-1............................................ 1219-0020
75.1716-3............................................ 1219-0020
75.1721.............................................. 1219-0073
75.1901.............................................. 1219-0119

[[Page 10]]

75.1904.............................................. 1219-0119
75.1911.............................................. 1219-0119
75.1912.............................................. 1219-0119
75.1914.............................................. 1219-0119
75.1915.............................................. 1219-0119, -0124
77.100............................................... 1219-0127
77.103(a)(2)......................................... 1219-0001
77.105............................................... 1219-0127
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............................................... 1219-0116
77.800............................................... 1219-0116
77.800-2............................................. 1219-0116
77.900............................................... 1219-0116
77.900-2............................................. 1219-0116
77.1000.............................................. 1219-0026
77.1000-1............................................ 1219-0026
77.1101.............................................. 1219-0051
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(b)............................................ 1219-0011
90.204............................................... 1219-0011
90.209............................................... 1219-0011
90.220............................................... 1219-0011
90.300............................................... 1219-0011
90.301............................................... 1219-0011
90.301(d)............................................ 1219-0011
------------------------------------------------------------------------

[73 FR 36790, June 30, 2008]

[[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.
5.30 Fee calculation.
5.40 Fee administration.
5.50 Fee revisions.

Authority: 30 U.S.C. 957.

Source: 80 FR 45056, July 29, 2015, unless otherwise noted.

Sec. 5.10 Purpose and scope.

This part establishes a system under which MSHA charges a fee for
services provided. This part includes the management and calculation of
fees for the approval program, which includes: Application processing,
testing and evaluation, approval decisions, post-approval activities,
and termination of approvals.

Sec. 5.30 Fee calculation.

(a) Fee calculation. MSHA charges a fee based on an hourly rate for
Approval and Certification Center (A&CC) approval program activities and
other associated costs, such as travel expenses and part 15 fees. Part
15 fees for services provided to MSHA by other organizations may be set
by those organizations.
(b) Hourly rate calculation. The hourly rate consists of direct and
indirect costs of the A&CC's approval program divided by the number of
direct hours worked on all approval program activities.
(1) Direct costs are compensation and benefit costs for hours worked
on approval program activities.
(2) Indirect costs are a proportionate share of the following A&CC
costs:
(i) Compensation and benefit hours worked in support of all A&CC
activities;
(ii) A&CC building and equipment depreciation costs;
(iii) A&CC utilities, facility and equipment maintenance, and
supplies and materials; and
(iv) Information Technology and other services the Department of
Labor provides to the A&CC.
(c) Fees are charged for--
(1) Application processing (e.g., administrative and technical
review of applications, computer tracking, and status reporting);
(2) Testing and evaluation (e.g., analysis of drawings, technical
evaluation, testing, test set up and test tear down, and internal
quality control activities);
(3) Approval decisions (e.g., consultation on applications, records
control and security, document preparation); and
(4) Two post-approval activities: changes to approvals and post-
approval product audits.
(d) 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; and
(4) Regulatory review activities, including participation in the
development of health and safety standards, regulations, and
legislation.
(e) Fee estimate. Except as provided in paragraphs (e)(1) and (2) of
this section, on completion of an initial administrative review of the
application, the A&CC will prepare a maximum fee estimate for each
application. A&CC will begin the technical evaluation after the
applicant authorizes the fee estimate.
(1) The applicant may pre-authorize an expenditure for services, and
may further choose to pre-authorize either a maximum dollar amount or an
expenditure without a specified maximum amount.
(i) All applications containing a pre-authorization statement will
be put in the queue for the technical evaluation on completion of an
initial administrative review.

[[Page 12]]

(ii) MSHA will concurrently prepare a maximum fee estimate for
applications containing a statement pre-authorizing a maximum dollar
amount, and will provide the applicant with this estimate.
(2) Where MSHA's estimated maximum fee exceeds the pre-authorized
maximum dollar amount, the applicant has the choice of cancelling the
action and paying for all work done up to the time of the cancellation,
or authorizing MSHA's estimate.
(3) Under the Revised Acceptance Modification Program (RAMP), MSHA
expedites applications for acceptance of minor changes to previously
approved, certified, accepted, or evaluated products. The applicant must
pre-authorize a fixed dollar amount, set by MSHA, for processing the
application.
(f) If unforeseen circumstances are discovered during the
evaluation, and MSHA determines that these circumstances would result in
the actual costs exceeding either the pre-authorized expenditure or the
authorized maximum fee estimate, as appropriate, MSHA will prepare a
revised maximum fee estimate for completing the evaluation. The
applicant will have the option of either cancelling the action and
paying for services rendered or authorizing MSHA's revised estimate, in
which case MSHA will continue to test and evaluate the product.
(g) If the actual cost of processing the application is less than
MSHA's maximum fee estimate, MSHA will charge the actual cost.

Sec. 5.40 Fee administration.

Applicants and approval holders will be billed for all fees,
including actual travel expenses, if any, when approval program
activities are completed. Invoices will contain specific payment
instruction, including the address to mail payments and authorized
methods of payment.

Sec. 5.50 Fee revisions.

The hourly rate will 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.
6.30 MSHA listing 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 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.

[[Page 13]]

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, determined by MSHA to provide at
least the same degree of protection as the applicable MSHA product
approval requirements in parts 14, 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.

[68 FR 36417, June 17, 2003, as amended at 73 FR 80609, Dec. 31, 2008]

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.

[[Page 14]]

(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.

[68 FR 36417, June 17, 2003, as amended at 73 FR 80609, Dec. 31, 2008]

Sec. 6.30 MSHA listing of equivalent non-MSHA product safety standards.

MSHA evaluated the following non-MSHA product safety standards and
determined that they provide at least the same degree of protection as
current MSHA requirements with or without modifications as indicated:
(a) The International Electrotechnical Commission's (IEC) standards
for Electrical Apparatus for Explosive Gas Atmospheres, Part 0, General
Requirements (IEC 60079-0, Fourth Edition, 2004-01) and Part 1,
Electrical Apparatus for Explosive Gas Atmospheres, Flameproof
Enclosures ``d'' (IEC 60079-1, Fifth Edition, 2003-11) must be modified
in order to provide at least the same degree of protection as MSHA
explosion-proof enclosure requirements included in parts 7 and 18 of
this chapter. Refer to Sec. Sec. 7.10(c)(1) and 18.6(a)(3)(i) for a
list of the required modifications. The IEC standards may be inspected
at the U.S. Department of Labor, Mine Safety and Health Administration,
Electrical Safety Division, Approval and Certification Center, 765
Technology Drive, Triadelphia, WV 26059, and may be purchased from
International Electrical Commission, Central Office 3, rue de
Varemb[eacute], P.O. Box 131, CH-1211 GENEVA 20, Switzerland.
(b) [Reserved]

[71 FR 28583, May 17, 2006, as amended at 73 FR 52210, Sept. 9, 2008]

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.

[[Page 15]]

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.
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.

Subpart L_Refuge Alternatives

7.501 Purpose and scope.
7.502 Definitions.
7.503 Application requirements.
7.504 Refuge alternatives and components; general requirements.
7.505 Structural components.
7.506 Breathable air components.
7.507 Air-monitoring components.
7.508 Harmful gas removal components.
7.509 Approval markings.
7.510 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.

[[Page 16]]

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.
Extension 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 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, 765 Technology Drive,
Triadelphia, WV 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;

[[Page 17]]

(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;
73 FR 52210, Sept. 9, 2008]

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 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 recognized 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;

[[Page 18]]

(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.

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. MSHA has made the following equivalency
determinations applicable to this part 7.

[[Page 19]]

(1) MSHA will accept applications for motors under Subpart J
designed and tested to the International Electrotechnical Commission's
(IEC) standards for Electrical Apparatus for Explosive Gas Atmospheres,
Part 0, General Requirements (IEC 60079-0, Fourth Edition, 2004-01) and
Part 1, Electrical Apparatus for Explosive Gas Atmospheres, Flameproof
Enclosures ``d'' (IEC 60079-1, Fifth Edition, 2003-11) (which are hereby
incorporated by reference and made a part hereof) provided the
modifications to the IEC standards specified in Sec. 7.10(c)(1)(i)
through (ix) are met. The Director of the Federal Register approves this
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. The IEC standards may be inspected at the U.S. Department of
Labor, Mine Safety and Health Administration, Electrical Safety
Division, Approval and Certification Center, 765 Technology Drive,
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. These
IEC standards may be obtained from International Electrical Commission,
Central Office 3, rue de Varemb[eacute], P.O. Box 131, CH-1211 GENEVA
20, Switzerland.
(i) Enclosures associated with an electric motor assembly shall be
made of metal and not have a compartment exceeding ten (10) feet in
length. External surfaces of enclosures shall not exceed 150 [deg]C (302
[deg]F) in normal operation.
(ii) Enclosures shall be rugged in construction and should meet
existing requirements for minimum bolt size and spacing and for minimum
wall, cover, and flange thicknesses specified in paragraph (g)(19) of
Sec. 7.304 Technical requirements. Enclosure fasteners should be
uniform in size and length, be provided at all corners, and be secured
from loosening by lockwashers or equivalent. An engineering analysis
shall be provided for enclosure designs that deviate from the existing
requirements. The analysis shall show that the proposed enclosure design
meets or exceeds the mechanical strength of a comparable enclosure
designed to 150 psig according to existing requirements, and that
flamepath clearances in excess of existing requirements will not be
produced at an internal pressure of 150 psig. This shall be verified by
explosion testing the enclosure at a minimum of 150 psig.
(iii) Enclosures shall be designed to withstand a minimum pressure
of at least 150 psig without leakage through any welds or castings,
rupture of any part that affects explosion-proof integrity, clearances
exceeding those permitted under existing requirements along flame-
arresting paths, or permanent distortion exceeding 0.040-inch per linear
foot.
(iv) Flamepath clearances, including clearances between fasteners
and the holes through which they pass, shall not exceed those specified
in existing requirements. No intentional gaps in flamepaths are
permitted.
(v) The minimum lengths of the flame arresting paths, based on
enclosure volume, shall conform to those specified in existing
requirements to the nearest metric equivalent value (e.g., 12.5 mm, 19
mm, and 25 mm are considered equivalent to \1/2\ inch, \3/4\ inch and 1
inch respectively for plane and cylindrical joints). The widths of any
grooves for o-rings shall be deducted in measuring the widths of flame-
arresting paths.
(vi) Gaskets shall not be used to form any part of a flame-arresting
path. If o-rings are installed within a flamepath, the location of the
o-rings shall meet existing requirements.
(vii) Cable entries into enclosures shall be of a type that utilizes
either flame-resistant rope packing material or sealing rings
(grommets). If plugs and mating receptacles are mounted to an enclosure
wall, they shall be of explosion-proof construction. Insulated bushings
or studs shall not be installed in the outside walls of enclosures. Lead
entrances utilizing sealing compounds and flexible or rigid metallic
conduit are not permitted.
(viii) Unused lead entrances shall be closed with a metal plug that
is secured by spot welding, brazing, or equivalent.
(ix) Special explosion tests are required for electric motor
assemblies

[[Page 20]]

that share leads (electric conductors) through a common wall with
another explosion-proof enclosure, such as a motor winding compartment
and a conduit box. These tests are required to determine the presence of
any pressure piling conditions in either enclosure when one or more of
the insulating barriers, sectionalizing terminals, or other isolating
parts are sequentially removed from the common wall between the
enclosures. Enclosures that exhibit pressures during these tests that
exceed those specified in existing requirements must be provided with a
warning tag. The durable warning tag must indicate that the insulating
barriers, sectionalizing terminals, or other isolating parts be
maintained in order to insure the explosion-proof integrity for either
enclosure sharing a common wall. A warning tag is not required if the
enclosures withstand a static pressure of twice the maximum value
observed in the explosion tests.
(2) [Reserved]
(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, as amended at 71 FR 28583, May 17, 2006; 73
FR 52210, Sept. 9, 2008]

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.
(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).

[[Page 21]]

(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 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 70 10 [deg]F (21 5.5 [deg]C) and a relative humidity of 55 10%.
(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.

[[Page 22]]

(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 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]

[[Page 23]]

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.
(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

[[Page 24]]

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.
(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.

[[Page 25]]

(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 (23 2 [deg]C) and 50
5% 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 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. (2 0.2 [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

[[Page 26]]

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 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.

[[Page 27]]

(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 28]]

[GRAPHIC] [TIFF OMITTED] TC22OC91.001

[[Page 29]]

[GRAPHIC] [TIFF OMITTED] TC22OC91.002

[[Page 30]]

[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 31]]

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 construction 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 32]]

(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 33]]

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 34]]

(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/m\3\ 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 35]]

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, olefins..... D1319 Remainder
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 36]]

[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 37]]

(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 38]]

[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 39]]

(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 40]]

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 41]]

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 42]]

[GRAPHIC] [TIFF OMITTED] TR25OC96.002

[[Page 43]]

[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 44]]

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]F 9 [deg]F (25 [deg]C 5 [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]C 5
[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 [micro]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 45]]

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]F 5
[deg]F (22 [deg]C 3 [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]F 5 [deg]F (9.5 [deg]C 3 [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 [micro]g and
resolution of 10 [micro]g. For filters less than 70 mm diameter, the
precision and resolution shall be 2 [micro]g and 1 [micro]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 46]]

(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, 1.0 0.1 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 1.0 0.1 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.
(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.

[[Page 47]]

(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 (ft\3\/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 closed, but unsealed, petri dish and placed in a weighing
chamber (room) for stabilization.

[[Page 48]]

(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 1.0 0.1 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 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.

[[Page 49]]

(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:
[GRAPHIC] [TIFF OMITTED] TR25OC96.007

[[Page 50]]

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.
(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.

[[Page 51]]

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 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:

[[Page 52]]

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 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.

[[Page 53]]

(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.
(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

[[Page 54]]

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 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

[[Page 55]]

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.
\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.

[[Page 56]]

\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 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

[[Page 57]]

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:
(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.

[[Page 58]]

(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 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

[[Page 59]]

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 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

[[Page 60]]

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 0.5 0.1 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.

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

[[Page 61]]

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 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

[[Page 62]]

(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 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

[[Page 63]]

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, 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

[[Page 64]]

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 U.S. Department of Labor, Mine Safety and
Health Administration, Approval and Certification Center, 765 Technology
Drive, 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 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.

[[Page 65]]

(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 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

[[Page 66]]

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.

[57 FR 61193, Dec. 23, 1992, as amended at 73 FR 52210, Sept. 9, 2008]

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.
(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

[[Page 68]]

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 9.4 0.4 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 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 7.0 0.3 percent methane by
volume within the winding compartment shall be conducted with the rotor
stationary, 2 ignitions at each end.
(3) Four tests at 9.4 0.4 percent methane by
volume plus coal dust shall be conducted. A quantity of coal dust

[[Page 69]]

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 9.4
0.4 percent methane by volume within the conduit
box shall be conducted followed by two tests at 7.0 0.3 percent methane by volume. Then two tests at 9.4
0.4 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 9.4 0.4 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 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.

[[Page 70]]

(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 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.

[[Page 71]]

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

[[Page 72]]

[GRAPHIC] [TIFF OMITTED] TC22OC91.005

[[Page 73]]

[GRAPHIC] [TIFF OMITTED] TC22OC91.006

[[Page 74]]

[GRAPHIC] [TIFF OMITTED] TC22OC91.007

[[Page 75]]

[GRAPHIC] [TIFF OMITTED] TC22OC91.008

[[Page 76]]

[GRAPHIC] [TIFF OMITTED] TC22OC91.009

[[Page 77]]

[GRAPHIC] [TIFF OMITTED] TC22OC91.010

[[Page 78]]

[GRAPHIC] [TIFF OMITTED] TC22OC91.011

[[Page 79]]

[GRAPHIC] [TIFF OMITTED] TC22OC91.012

[[Page 80]]

[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 81]]

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 82]]

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 70 10 [deg]F (21.1
5.5 [deg]C) and a relative humidity of 55 10 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 83]]

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 70 10 [deg]F (21.1
5.5 [deg]C) and relative humidity of 55 10 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 84]]

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.

Subpart L_Refuge Alternatives

Source: 74 FR 80694, Dec. 31, 2008, unless otherwise noted.

Sec. 7.501 Purpose and scope.

This subpart L establishes requirements for MSHA approval of refuge
alternatives and components for use in underground coal mines. Refuge
alternatives are intended to provide a life-sustaining environment for
persons trapped underground when escape is impossible.

Sec. 7.502 Definitions.

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

Sec. 7.503 Application requirements.

(a) An application for approval of a refuge alternative or component
shall include:
(1) The refuge alternative's or component's make and model number,
if applicable.
(2) A list of the refuge alternative's or component's parts that
includes--
(i) The MSHA approval number for electric-powered equipment;
(ii) Each component's or part's in-mine shelf life, service life,
and recommended replacement schedule;

[[Page 85]]

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

Sec. 7.504 Refuge alternatives and components; general requirements.

(a) Refuge alternatives and components: (1) Electrical components
that are exposed to the mine atmosphere shall be approved as
intrinsically safe for use. Electrical components located inside the
refuge alternative shall be either approved as intrinsically safe or
approved as permissible.
(2) Shall not produce continuous noise levels in excess of 85 dBA in
the structure's interior.
(3) Shall not liberate harmful or irritating gases or particulates
into the structure's interior or airlock.
(4) Shall be designed so that the refuge alternative can be safely
moved with the use of appropriate devices such as tow bars.
(5) Shall be designed to withstand forces from collision of the
refuge alternative structure during transport or handling.
(b) The apparent temperature in the structure shall be controlled as
follows:

[[Page 86]]

(1) When used in accordance with the manufacturer's instructions and
defined limitations, the apparent temperature in the fully occupied
refuge alternative shall not exceed 95 degrees Fahrenheit ([deg]F).
(2) Tests shall be conducted to determine the maximum apparent
temperature in the refuge alternative when used at maximum occupancy and
in conjunction with required components. Test results including
calculations shall be reported in the application.
(c) The refuge alternative shall include:
(1) A two-way communication facility that is a part of the mine
communication system, which can be used from inside the refuge
alternative; and accommodations for an additional communication system
and other requirements as defined in the communications portion of the
operator's approved Emergency Response Plan.
(2) Lighting sufficient for persons to perform tasks.
(3) A means to contain human waste effectively and minimize
objectionable odors.
(4) First aid supplies.
(5) Materials, parts, and tools for repair of components.
(6) A fire extinguisher that--
(i) Meets the requirements for portable fire extinguishers used in
underground coal mines under part 75;
(ii) Is appropriate for extinguishing fires involving the chemicals
used for harmful gas removal; and
(iii) Uses a low-toxicity extinguishing agent that does not produce
a hazardous by-product when deployed.
(d) Containers used for storage of refuge alternative components or
provisions shall be--
(1) Airtight, waterproof, and rodent-proof;
(2) Easy to open and close without the use of tools; and
(3) Conspicuously marked with an expiration date and instructions
for use.

Sec. 7.505 Structural components.

(a) The structure shall--
(1) Provide at least 15 square feet of floor space per person and 30
to 60 cubic feet of volume per person according to the following chart.
The airlock can be included in the space and volume if waste is disposed
outside the refuge alternative.

------------------------------------------------------------------------
Unrestricted
volume (cubic
Mining height (inches) feet) per
person *
------------------------------------------------------------------------
36 or less............................................... 30
36-<=42....................................... 37.5
42-<=48....................................... 45
48-<=54....................................... 52.5
54............................................ 60
------------------------------------------------------------------------
* Includes an adjustment of 12 inches for clearances.

(2) Include storage space that secures and protects the components
during transportation and that permits ready access to components for
maintenance examinations.
(3) Include an airlock that creates a barrier and isolates the
interior space from the mine atmosphere, except for a refuge alternative
capable of maintaining adequate positive pressure.
(i) The airlock shall be designed for multiple uses to accommodate
the structure's maximum occupancy.
(ii) The airlock shall be configured to accommodate a stretcher
without compromising its function.
(4) Be designed and made to withstand 15 pounds per square inch
(psi) overpressure for 0.2 seconds prior to deployment.
(5) Be designed and made to withstand exposure to a flash fire of
300 [deg]F for 3 seconds prior to deployment.
(6) Be made with materials that do not have a potential to ignite or
are MSHA-approved.
(7) Be made from reinforced material that has sufficient durability
to withstand routine handling and resist puncture and tearing during
deployment and use.
(8) Be guarded or reinforced to prevent damage to the structure that
would hinder deployment, entry, or use.
(9) Permit measurement of outside gas concentrations without exiting
the structure or allowing entry of the outside atmosphere.
(b) Inspections or tests shall be conducted as follows:
(1) A test shall be conducted to demonstrate that trained persons
can fully deploy the structure, without the use of tools, within 10
minutes of reaching the refuge alternative.

[[Page 87]]

(2) A test shall be conducted to demonstrate that an overpressure of
15 psi applied to the pre-deployed refuge alternative structure for 0.2
seconds does not allow gases to pass through the structure separating
the interior and exterior atmospheres.
(3) A test shall be conducted to demonstrate that a flash fire of
300 [deg]F for 3 seconds does not allow gases to pass from the outside
to the inside of the structure.
(4) An inspection shall be conducted to determine that the
overpressure forces of 15 psi applied to the pre-deployed refuge
alternative structure for 0.2 seconds does not prevent the stored
components from operating.
(5) An inspection shall be conducted to determine that a flash fire
of 300 [deg]F for 3 seconds does not prevent the stored components from
operating.
(6) A test shall be conducted to demonstrate that each structure
resists puncture and tearing when tested in accordance with ASTM D2582-
07 ``Standard Test Method for Puncture-Propagation Tear Resistance of
Plastic Film and Thin Sheeting.'' This publication is incorporated by
reference. The Director of the Federal Register approves this
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. A copy may be obtained from the American Society for Testing
and Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959; 610-832-9500; http://www.astm.org. A copy
may be inspected at any MSHA Coal Mine Safety and Health District
Office; or at MSHA's Office of Standards, Regulations, and Variances,
201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; 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.
(7) A test shall be conducted to demonstrate that each reasonably
anticipated repair can be completed within 10 minutes of opening the
storage space for repair materials and tools.
(8) A test shall be conducted to demonstrate that no harmful gases
or noticeable odors are released from nonmetallic materials before or
after the flash fire test. The test shall identify the gases released
and determine their concentrations.
(c) If pressurized air is used to deploy the structure or maintain
its shape, the structure shall--
(1) Include a pressure regulator or other means to prevent over
pressurization of the structure, and
(2) Provide a means to repair and re-pressurize the structure in
case of failure of the structure or loss of air pressure.
(d) The refuge alternative structure shall provide a means--
(1) To conduct a preshift examination, without entering the
structure, of components critical for deployment; and
(2) To indicate unauthorized entry or tampering.

[73 FR 80694, Dec. 31, 2008, as amended at 80 FR 52985, Sept. 2, 2015]

Sec. 7.506 Breathable air components.

(a) Breathable air shall be supplied by compressed air cylinders,
compressed breathable-oxygen cylinders, or boreholes with fans installed
on the surface or compressors installed on the surface. Only
uncontaminated breathable air shall be supplied to the refuge
alternative.
(b) Mechanisms shall be provided and procedures shall be included so
that, within the refuge alternative,--
(1) The breathable air sustains each person for 96 hours,
(2) The oxygen concentration is maintained at levels between 18.5
and 23 percent, and
(3) The average carbon dioxide concentration is 1.0 percent or less
and excursions do not exceed 2.5 percent.
(c) Breathable air supplied by compressed air from cylinders, fans,
or compressors shall provide a minimum flow rate of 12.5 cubic feet per
minute of breathable air for each person.
(1) Fans or compressors shall meet the following:
(i) Be equipped with a carbon monoxide detector located at the
surface that automatically provides a visual and audible alarm if carbon
monoxide in supplied air exceeds 10 parts per million (ppm).

[[Page 88]]

(ii) Provide in-line air-purifying sorbent beds and filters or other
equivalent means to assure the breathing air quality and prevent
condensation, and include maintenance instructions that provide
specifications for periodic replacement or refurbishment.
(iii) Provide positive pressure and an automatic means to assure
that the pressure is relieved at 0.18 psi, or as specified by the
manufacturer, above mine atmospheric pressure in the refuge alternative.
(iv) Include warnings to assure that only uncontaminated breathable
air is supplied to the refuge alternative.
(v) Include air lines to supply breathable air from the fan or
compressor to the refuge alternative.
(A) Air lines shall be capable of preventing or removing water
accumulation.
(B) Air lines shall be designed and protected to prevent damage
during normal mining operations, a flash fire of 300 [deg]F for 3
seconds, a pressure wave of 15 psi overpressure for 0.2 seconds, and
ground failure.
(vi) Assure that harmful or explosive gases, water, and other
materials cannot enter the breathable air.
(2) Redundant fans or compressors and power sources shall be
provided to permit prompt re-activation of equipment in the event of
failure.
(d) Compressed breathable oxygen shall--
(1) Include instructions for deployment and operation;
(2) Provide oxygen at a minimum flow rate of 1.32 cubic feet per
hour per person;
(3) Include a means to readily regulate the pressure and volume of
the compressed oxygen;
(4) Include an independent regulator as a backup in case of failure;
and
(5) Be used only with regulators, piping, and other equipment that
is certified and maintained to prevent ignition or combustion.
(e) The applicant shall prepare and submit an analysis or study
demonstrating that the breathable air component will not cause an
ignition.
(1) The analysis or study shall specifically address oxygen fire
hazards and fire hazards from chemicals used for removal of carbon
dioxide.
(2) The analysis or study shall identify the means used to prevent
any ignition source.

Sec. 7.507 Air-monitoring components.

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

Sec. 7.508 Harmful gas removal components.

(a) Each refuge alternative shall include means for removing harmful
gases.
(1) Purging or other effective procedures shall be provided for the
airlock

[[Page 89]]

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

[[Page 90]]

Sec. 7.509 Approval markings.

(a) Each approved refuge alternative or component shall be
identified by a legible, permanent approval marking that is securely and
conspicuously attached to the component or its container.
(b) The approval marking shall be inscribed with the component's
MSHA approval number and any additional markings required by the
approval.
(c) The refuge alternative structure shall provide a conspicuous
means for indicating an out-of-service status, including the reason it
is out of service.
(d) The airlock shall be conspicuously marked with the recommended
maximum number of persons that can use it at one time.

Sec. 7.510 New technology.

MSHA may approve a refuge alternative or a component that
incorporates new knowledge or technology, if the applicant demonstrates
that the refuge alternative or component provides no less protection
than those meeting the requirements of this subpart.

PART 14_REQUIREMENTS FOR THE APPROVAL OF FLAME-RESISTANT CONVEYOR BELTS-
-Table of Contents

Subpart A_General Provisions

Sec.
14.1 Purpose, effective date for approval holders.
14.2 Definitions.
14.3 Observers at tests and evaluations.
14.4 Application procedures and requirements.
14.5 Test samples.
14.6 Issuance of approval.
14.7 Approval marking and distribution records.
14.8 Quality assurance.
14.9 Disclosure of information.
14.10 Post-approval product audit.
14.11 Revocation.

Subpart B_Technical Requirements

14.20 Flame resistance.
14.21 Laboratory-scale flame test apparatus.
14.22 Test for flame resistance of conveyor belts.
14.23 New technology.

Authority: 30 U.S.C. 957.

Source: 73 FR 80609, Dec. 31, 2008, unless otherwise noted.

Subpart A_General Provisions

Sec. 14.1 Purpose, effective date for approval holders.

This Part establishes the flame resistance requirements for MSHA
approval of conveyor belts for use in underground coal mines.
Applications for approval or extensions of approval submitted after
December 31, 2008, must meet the requirements of this Part.

Sec. 14.2 Definitions.

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

[[Page 91]]

Sec. 14.3 Observers at tests and evaluations.

Representatives of the applicant and other persons agreed upon by
MSHA and the applicant may be present during tests and evaluations
conducted under this Part. However, if MSHA receives a request from
others to observe tests, the Agency will consider it.

Sec. 14.4 Application procedures and requirements.

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

[[Page 92]]

(g) Fees. Fees calculated in accordance with Part 5 of this chapter
must be submitted in accordance with Sec. 5.40.

Sec. 14.5 Test samples.

Upon request by MSHA, the applicant must submit 3 precut, unrolled,
flat conveyor belt samples for flame testing. Each sample must be 60
\1/4\ inches long (152.4 0.6
cm) by 9 \1/8\ inches (22.9 0.3 cm) wide.

Sec. 14.6 Issuance of approval.

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

Sec. 14.7 Approval marking and distribution records.

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

Sec. 14.8 Quality assurance.

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

Sec. 14.9 Disclosure of information.

(a) All proprietary information concerning product specifications
and performance submitted to MSHA by the applicant will be protected.
(b) MSHA will notify the applicant or approval holder of requests
for disclosure of information concerning its conveyor belts, and provide
an opportunity to present its position prior to any decision on
disclosure.

Sec. 14.10 Post-approval product audit.

(a) Approved conveyor belts will be subject to periodic audits by
MSHA to determine conformity with the technical requirements upon which
the approval was based. MSHA will select an approved conveyor belt to be
audited; the selected belt will be representative of that distributed
for use in mines. Upon request to MSHA, the approval holder may obtain
any final report resulting from the audit.
(b) No more than once a year, except for cause, the approval holder,
at

[[Page 93]]

MSHA's request, must make 3 samples of an approved conveyor belt of the
size specified in Sec. 14.5 available at no cost to MSHA for an audit.
If a product is not available because it is not currently in production,
the manufacturer will notify MSHA when it is available. Representatives
of the applicant and other persons agreed upon by MSHA and the applicant
may be present during audit tests and evaluations. MSHA will also
consider requests by others to observe tests.
(c) A conveyor belt will be subject to audit for cause at any time
MSHA believes the approval holder product is not in compliance with the
technical requirements of the approval.

Sec. 14.11 Revocation.

(a) MSHA may revoke for cause an approval issued under this Part if
the conveyor belt--
(1) Fails to meet the technical requirements; or
(2) Creates a danger or hazard when used in a mine.
(b) Prior to revoking an approval, the approval holder will be
informed in writing of MSHA's intention to revoke. The notice will--
(1) Explain the 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 to MSHA, the approval holder will be given the
opportunity for a hearing.
(d) If a conveyor belt poses an imminent danger to the safety or
health of miners, an approval may be immediately suspended without
written notice of the Agency's intention to revoke.

Subpart B_Technical Requirements

Sec. 14.20 Flame resistance.

Conveyor belts for use in underground coal mines must be flame-
resistant and:
(a) Tested in accordance with Sec. 14.22 of this part; or
(b) Tested in accordance with an alternate test determined by MSHA
to be equivalent under 30 CFR Sec. Sec. 6.20 and 14.4(e).

Sec. 14.21 Laboratory-scale flame test apparatus.

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

[[Page 94]]

Sec. 14.22 Test for flame resistance of conveyor belts.

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

Sec. 14.23 New technology.

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

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 evaluation.
15.4 Application procedures and requirements.
15.5 Test samples.
15.6 Issuance of approval.
15.7 Approval marking.

[[Page 95]]

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 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.

[53 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.

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

Sec. 15.3 Observers at tests and evaluation.

Only personnel of MSHA, designees of MSHA, representatives of the
applicant, and such other persons as agreed upon by MSHA and the
applicant shall

[[Page 96]]

be present during tests and evaluations conducted under this part.

[70 FR 46342, Aug. 9, 2005]

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, 765 Technology Drive, Triadelphia, WV 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 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.

[53 FR 46761, Nov. 18, 1988; 54 FR 351, Jan. 5, 1989; 60 FR 33723, June
29, 1995; 73 FR 52211, Sept. 9, 2008]

[[Page 97]]

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 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.

[53 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 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

[[Page 98]]

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--
(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 test. 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

[[Page 99]]

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.
(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.

[[Page 100]]

(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.
(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.

[[Page 101]]

(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 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.

[53 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.

[[Page 102]]

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.
18.54 High-voltage continuous mining machines.

Subpart C_Inspections and Tests

18.60 Detailed inspection of components.
18.61 Final inspection of complete machine.
18.62 Tests to determine explosion-proof characteristics.
18.63 [Reserved]
18.65 Flame test of 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 of Part 18--List of Tables
Appendix II to Subpart D of Part 18--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

[[Page 103]]

modify the design of an approved machine or certified component,
acceptance of flame-resistant hoses, 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; 73 FR 80611, Dec. 31, 2008]

Sec. 18.2 Definitions.

As used in this part--
Acceptance means written notification by MSHA that a hose 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 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.
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.
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.
Assistant Secretary means the Assistant Secretary of Labor for Mine
Safety and Health.
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

[[Page 104]]

walls or cover(s), and (2) without ignition of surrounding methane-air
mixtures or discharge of flame from inside to outside the enclosure.
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 insulating 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. 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; 73 FR 80611, Dec.
31, 2008]

[[Page 105]]

Sec. 18.3 Consultation.

By appointment, applicants or their representatives may visit the
U.S. Department of Labor, Mine Safety and Health Administration,
Approval and Certification Center, 765 Technology Drive, Triadelphia, WV
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; 73
FR 52211, Sept. 9, 2008]

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 will be undertaken by MSHA only pursuant
to a written application. The application shall be accompanied by all
necessary drawings, specifications, descriptions, and related materials,
as set out in this part. Fees calculated in accordance with part 5 of
this title shall be submitted in accordance with Sec. 5.40.
(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. A listing of all equivalency
determinations will be published in 30 CFR 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. MSHA has made the following equivalency
determinations applicable to this part 18.
(i) MSHA will accept applications for explosion-proof enclosures
under part 18 designed and tested to the International Electrotechnical
Commission's (IEC) standards for Electrical Apparatus for Explosive Gas
Atmospheres, Part 0, General Requirements (IEC 60079-0, Fourth Edition,
2004-01); and Part 1, Electrical Apparatus for Explosive Gas
Atmospheres, Flameproof Enclosures ``d'' (IEC 60079-1, Fifth Edition,
2003-11) (which are hereby incorporated by reference and made a part
hereof) provided the modifications to the IEC standards specified in
Sec. 18.6(a)(3)(i)(A) through (I) are met. The Director of the Federal
Register

[[Page 106]]

approves this incorporation by reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. The IEC standards may be inspected at the U.S.
Department of Labor, Mine Safety and Health Administration, Electrical
Safety Division, Approval and Certification Center, 765 Technology
Drive, 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. These
IEC standards may be obtained from International Electrical Commission,
Central Office 3, rue de Varemb[eacute], P.O. Box 131, CH-1211 GENEVA
20, Switzerland.
(A) Enclosures shall be made of metal and not have a compartment
exceeding ten (10) feet in length. Glass or polycarbonate materials
shall be the only materials utilized in the construction of windows and
lenses. External surfaces of enclosures shall not exceed 150 [deg]C (302
[deg]F) and internal surface temperatures of enclosures with
polycarbonate windows and lenses shall not exceed 115 [deg]C (240
[deg]F), in normal operation. Other non-metallic materials for
enclosures or parts of enclosures will be evaluated, on a case-by-case
basis, under the new technology provisions in Sec. 18.20(b) of this
part.
(B) Enclosures shall be rugged in construction and should meet
existing requirements for minimum bolt size and spacing and for minimum
wall, cover, and flange thicknesses specified in paragraph (g)(19) of
Sec. 7.304 Technical requirements. Enclosure fasteners should be
uniform in size and length, be provided at all corners, and be secured
from loosening by lockwashers or equivalent. An engineering analysis
shall be provided for enclosure designs that deviate from the existing
requirements. The analysis shall show that the proposed enclosure design
meets or exceeds the mechanical strength of a comparable enclosure
designed to 150 psig according to existing requirements, and that
flamepath clearances in excess of existing requirements will not be
produced at an internal pressure of 150 psig. This shall be verified by
explosion testing the enclosure at a minimum of 150 psig.
(C) Enclosures shall be designed to withstand a minimum pressure of
at least 150 psig without leakage through any welds or castings, rupture
of any part that affects explosion-proof integrity, clearances exceeding
those permitted under existing requirements along flame-arresting paths,
or permanent distortion exceeding 0.040-inch per linear foot.
(D) Flamepath clearances, including clearances between fasteners and
the holes through which they pass, shall not exceed those specified in
existing requirements. No intentional gaps in flamepaths are permitted.
(E) The minimum lengths of the flame arresting paths, based on
enclosure volume, shall conform to those specified in existing
requirements to the nearest metric equivalent value (e.g., 12.5 mm, 19
mm, and 25 mm are considered equivalent to \1/2\ inch, \3/4\ inch and 1
inch respectively for plane and cylindrical joints). The widths of any
grooves for o-rings shall be deducted in measuring the widths of flame-
arresting paths.
(F) Gaskets shall not be used to form any part of a flame-arresting
path. If o-rings are installed within a flamepath, the location of the
o-rings shall meet existing requirements.
(G) Cable entries into enclosures shall be of a type that utilizes
either flame-resistant rope packing material or sealing rings
(grommets). If plugs and mating receptacles are mounted to an enclosure
wall, they shall be of explosion-proof construction. Insulated bushings
or studs shall not be installed in the outside walls of enclosures. Lead
entrances utilizing sealing compounds and flexible or rigid metallic
conduit are not permitted.
(H) Unused lead entrances shall be closed with a metal plug that is
secured by spot welding, brazing, or equivalent.
(I) Special explosion tests are required for explosion-proof
enclosures that share leads (electric conductors) through a common wall
with another explosion-proof enclosure. These tests are required to
determine the presence of pressure piling conditions in either

[[Page 107]]

enclosure when one or more of the insulating barriers, sectionalizing
terminals, or other isolating parts are sequentially removed from the
common wall between the enclosures. Enclosures that exhibit pressures
during these tests that exceed those specified in existing requirements
must be provided with a warning tag. The durable warning tag must
indicate that the insulating barriers, sectionalizing terminals, or
other isolating parts be maintained in order to insure the explosion-
proof integrity for either enclosure sharing a common wall. A warning
tag is not required if the enclosures withstand a static pressure of
twice the maximum value observed in the explosion tests.
(ii) [Reserved]
(4) The application, all related documents, and all correspondence
concerning it shall be addressed to the U.S. Department of Labor, Mine
Safety and Health Administration, Approval and Certification Center, 765
Technology Drive, Triadelphia, WV 26059.
(b)-(c) [Reserved]
(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 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, the applicant shall furnish samples
as follows:

Hose--a sample having a minimum length of 2 feet

(j) The applicant shall submit a sample caution statement (see
Figure 3 in Appendix II) specifying the conditions for maintaining
permissibility of the equipment.

[[Page 108]]

(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; 70 FR
46343, Aug. 9, 2005; 71 FR 28584, May 17, 2006; 73 FR 52211, Sept. 9,
2008; 73 FR 80611, Dec. 31, 2008]

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, 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; 73 FR 80612, Dec. 31, 2008]

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 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

[[Page 109]]

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.

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.

[[Page 110]]

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]

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 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

[[Page 111]]

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 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.

[[Page 112]]

(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:

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>

[[Page 113]]

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 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

[[Page 114]]

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 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.

[[Page 115]]

(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
------------------------------------------------------------------------
Max.
Min. width Max. diametrical
Minimum total width of 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]

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

[[Page 116]]

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 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.

[[Page 117]]

(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 \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

[[Page 118]]

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]

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

[[Page 119]]

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.
(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

[[Page 120]]

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.

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

[[Page 121]]

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
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-

[[Page 122]]

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 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:

[[Page 123]]

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] TR23NO04.000

(ii) Aluminum Wall/Cover:
[GRAPHIC] [TIFF OMITTED] TR23NO04.001

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

[[Page 124]]

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; 69 FR 68078, Nov. 23, 2004; 69 FR 70752,
Dec. 7, 2004]

Sec. 18.54 High-voltage continuous mining machines.

(a) Separation of high-voltage components from lower voltage
components. In each motor-starter enclosure, barriers, partitions, and
covers must be provided and arranged so that personnel can test and
troubleshoot low- and medium-voltage circuits without being exposed to
energized high-voltage circuits. Barriers or partitions must be
constructed of grounded metal or nonconductive insulating board.
(b) Interlock switches. Each removable cover, barrier, or partition
of a compartment in the motor-starter enclosure providing direct access
to high-voltage components must be equipped with at least two interlock
switches arranged to automatically de-energize the high-voltage
components within that compartment when the cover, barrier, or partition
is removed.
(c) Circuit-interrupting devices. Circuit-interrupting devices must
be designed and installed to prevent automatic re-closure.
(d) Transformers supplying control voltages. (1) Transformers
supplying control voltages must not exceed 120 volts line to line.
(2) Transformers with high-voltage primary windings that supply
control voltages must incorporate a grounded electrostatic (Faraday)
shield between the primary and secondary windings. Grounding of the
shield must be as follows:
(i) Transformers with an external grounding terminal must have the
shield grounded by a minimum of No. 12 A.W.G. grounding conductor
extending from the grounding terminal to the equipment ground.
(ii) Transformers with no external grounding terminal must have the
shield grounded internally through the transformer frame to the
equipment ground.
(e) Onboard ungrounded, three-phase power circuit. A continuous
mining machine designed with an onboard ungrounded, three-phase power
circuit must:
(1) Be equipped with a light that will indicate a grounded-phase
condition;
(2) Have the indicator light installed so that it can be observed by
the operator from any location where the continuous mining machine is
normally operated; and
(3) Have a test circuit for the grounded-phase indicator light
circuit to assure that the circuit is operating properly. The test
circuit must be designed

[[Page 125]]

so that, when activated, it does not require removal of any electrical
enclosure cover or create a double-phase-to-ground fault.
(f) High-voltage trailing cable(s). High-voltage trailing cable(s)
must conform to the ampacity and outer dimensions specified in Table 10
of Appendix I to Subpart D of this part. In addition, the cable must be
constructed with:
(1) 100 percent semi-conductive tape shielding over each insulated
power conductor;
(2) A grounded metallic braid shielding over each insulated power
conductor;
(3) A ground-check conductor not smaller than a No. 10 A.W.G.; or if
a center ground-check conductor is used, not smaller than a No. 16
A.W.G. stranded conductor; and
(4) Either a double-jacketed or single-jacketed cable as follows:
(i) Double jacket. A double-jacketed cable consisting of reinforced
outer and inner protective layers. The inner layer must be a distinctive
color from the outer layer. The color black must not be used for either
protective layer. The tear strength for each layer must be more than 40
pounds per inch thickness and the tensile strength must be more than
2,400 pounds per square inch.
(ii) Single jacket. A single-jacketed cable consisting of one
protective layer. The tear strength must be more than 100 pounds per
inch thickness, and the tensile strength must be more than 4,000 pounds
per square inch. The cable jacket must not be black in color.
(g) Safeguards against corona. Safeguards against corona must be
provided on all 4,160-voltage circuits in explosion-proof enclosures.
(h) Explosion-proof enclosure design. The maximum pressure rise
within an explosion-proof enclosure containing high-voltage switchgear
must be limited to 0.83 times the design pressure.
(i) Location of high-voltage electrical components near flame paths.
High-voltage electrical components located in high-voltage explosion-
proof enclosures must not be coplanar with a single plane flame-
arresting path.
(j) Minimum creepage distances. 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 (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.

(k) Minimum free distances. 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:

----------------------------------------------------------------------------------------------------------------
Steel MFD (in) Aluminum MFD (in)
Wall/cover thickness (in) -----------------------------------------------------------------------------
A \1\ B \2\ C \3\ A \1\ B \2\ C \3\
----------------------------------------------------------------------------------------------------------------
\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 in accordance with the minimum clearance
table of Sec. 18.24.
\1\ Column A specifies the MFD for enclosures that have available three-phase, bolted, short-circuit currents of
10,000 amperes root-mean-square (rms) value or less.
\2\ Column B specifies the MFD for enclosures that have maximum available three-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 maximum available three-phase, bolted, short-circuit
currents greater than 15,000 and less than or equal to 20,000 amperes rms.

[[Page 126]]

\4\ Not Applicable--MSHA does not allow aluminum wall or covers to be \1/4\ inch or less in thickness. (See also
Sec. 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] TR06AP10.000

(ii) Aluminum Wall/Cover:
[GRAPHIC] [TIFF OMITTED] TR06AP10.001

Where ``C'' is 1.4 for 2,400 volt systems or 3.0 for 4,160 volt systems;
``Isc'' is the three-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.
(l) Static pressure testing of explosion-proof enclosures containing
high-voltage switchgear--(1) Prototype enclosures. The following static
pressure test must be performed on each prototype design of an
explosion-proof enclosure containing high-voltage switchgear prior to
the explosion tests.
(i) Test procedure. (A) The enclosure must be internally pressurized
to at least the design pressure, maintaining the pressure for a minimum
of 10 seconds.
(B) Following the pressure hold, the pressure must be removed and
the pressurizing agent removed from the enclosure.
(ii) Acceptable performance. (A) During pressurization, the
enclosure must not exhibit:
(1) Leakage through welds or casting; or
(2) Rupture of any part that affects the explosion-proof integrity
of the enclosure.
(B) Following removal of the pressurizing agents, the enclosure must
not exhibit:
(1) Cracks in welds visible to the naked eye;
(2) Permanent deformation exceeding 0.040 inches per linear foot; or
(3) Excessive clearances along flame-arresting paths following
retightening of fastenings, as necessary.
(2) Enclosures for production. Every explosion-proof enclosure
containing high-voltage switchgear manufactured after the prototype was
tested must undergo one of the following tests or procedures:
(i) The static pressure test specified in paragraph (l)(1)(i) of
this section; or
(ii) An MSHA-accepted quality assurance procedure covering
inspection of the enclosure.
(A) The quality assurance procedure must include a detailed check of
parts against the drawings to determine that--
(1) The parts and the drawings coincide; and

[[Page 127]]

(2) The requirements stated in part 18 have been followed with
respect to materials, dimensions, configuration and workmanship.
(B) [Reserved]

[75 FR 17547, Apr. 6, 2010]

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 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.

[[Page 128]]

(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 hose.

(a) Size of test specimen. (1) [Reserved]
(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 \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) [Reserved]
(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; 73
FR 80612, Dec. 31, 2008]

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:

[[Page 129]]

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

[[Page 130]]

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 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.

[[Page 131]]

(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 the U.S. Department of Labor, Mine
Safety and Health Administration, Approval and Certification Center, 765
Technology Drive, Triadelphia, WV 26059.

[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978; 52
FR 17514, May 8, 1987; 73 FR 52211, Sept. 9, 2008]

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 be filed with the U.S. Department of Labor, Mine
Safety and Health Administration, Approval and Certification Center, 765
Technology Drive, 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; 73 FR 52211, Sept. 9, 2008]

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, 201 12th Street South, Arlington, VA 22202-
5452, and send a copy to the U.S. Department of Labor, Mine Safety and
Health Administration, Approval and Certification Center, 765 Technology
Drive, 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 the U.S. Department of Labor,
Mine Safety and Health Administration, Approval and

[[Page 132]]

Certification Center, 765 Technology Drive, 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.
(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; 73 FR 52211, Sept. 9, 2008; 80 FR 52985, Sept. 2, 2015]

Sec. 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.
10 High voltage trailing cable ampacities and outside diameters.
------------------------------------------------------------------------

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 ........... ...........

[[Page 133]]

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

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
Sec. Appendix II to Subpart D of Part 18

LIST OF FIGURES
------------------------------------------------------------------------
Figure
No. Title
------------------------------------------------------------------------
1 Typical layout drawing of a machine.
2 Sample bill of material (to accompany layout drawing shown on
figure 1)
3 Material to be included with the operating instructions on or
with the wiring diagram submitted to each customer.
4 Sample factory inspection form.
5 Typical plane joint.
6 Typical combination joint.
7 Typical threaded joint.
8 Typical threaded straight stuffing box and packing gland lead
entrance with provision for hose conduit.
9 Typical slip-fit straight-type and angle-type stuffing box and
packing gland lead entrance.
10 Typical slip-fit angle-type stuffing box and packing gland lead
entrance and typical plug for spare lead entrance hole.
------------------------------------------------------------------------

[GRAPHIC] [TIFF OMITTED] TC22OC91.024

Figure 2--Sample Bill of Material

B. of M. No. ____
Date ______

Revision
Date
1. ______
2. ______
3. ______
4. ______
5. ______

Bill of Material (Electrical)

(Manufacturing Company)
Model:__________________________________________________________________
(Unit Name)
Approval 2G-____________________________________________________________

[[Page 137]]

Motor:__________________________________________________________________
(Manufacturing Company)
Frame___________________________________________________________________
___ Hp., ___ Volts, ___ Ph.,
___ Cy., ___ R.P.M.
X/P__________(Date).
______(Date) Extension.
Starter:________________________________________________________________
(Manufacturing Company)
Model___________________________________________________________________
____Hp., ____Volts.
X/P_____________________________________________________________________
(Date)
______ Extension.
(Date)
Cable--Motor to Starter:
Cond. No. ___, ___
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________________________________________________________________
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

[[Page 138]]

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. ____
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.

[[Page 139]]

[GRAPHIC] [TIFF OMITTED] TC22OC91.014

[GRAPHIC] [TIFF OMITTED] TC22OC91.015

[GRAPHIC] [TIFF OMITTED] TC22OC91.016

[GRAPHIC] [TIFF OMITTED] TC22OC91.017

[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

[[Page 140]]

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 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

[[Page 141]]

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 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;

[[Page 142]]

(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]

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

[[Page 143]]

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 Application procedures and requirements.
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 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 Application procedures and requirements.

(a) Before MSHA will undertake the active investigation leading to
approval of any lamp, the applicant shall make application by letter for
an investigation leading to approval of the lamp. This application shall
be sent to: U.S. Department of Labor, Mine Safety and Health
Administration, Approval and Certification Center, 765 Technology Drive,
Triadelphia, WV 26059, together with the required drawings, one complete
lamp, and instructions for its operation. Fees calculated in accordance
with part 5 of this title shall be submitted in accordance with Sec.
5.40.
(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:

[[Page 144]]

(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, as amended at 70 FR 46342, Aug. 9, 2005; 73
FR 52211, Sept. 9, 2008]

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 the U.S. Department of Labor, Mine
Safety and Health Administration, Approval and Certification Center, 765
Technology Drive, 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 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; 73 FR 52211, Sept. 9, 2008]

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

[[Page 145]]

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.
---------------------------------------------------------------------------

(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

[[Page 146]]

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.
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

[[Page 147]]

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]

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 U.S. Department of Labor,
Mine Safety and Health Administration, Approval and Certification
Center, 765 Technology Drive, 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.

[[Page 148]]

(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; 73 FR
52211, Sept. 9, 2008]

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 Application procedures and requirements.
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 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]

[[Page 149]]

Sec. 20.3 Application procedures and requirements.

(a) Before MSHA will undertake the active investigation of any lamp,
the applicant shall make application by letter for an investigation of
the lamp. This application shall be sent to: U.S. Department of Labor,
Mine Safety and Health Administration, Approval and Certification
Center, 765 Technology Drive, Triadelphia, WV 26059, together with the
required drawings, one complete lamp, and instructions for its
operation. Fees calculated in accordance with part 5 of this title shall
be submitted in accordance with Sec. 5.40.
(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, as amended at 70 FR 46343, Aug. 9, 2005; 73
FR 52211, Sept. 9, 2008]

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 the U.S. Department of
Labor, Mine Safety and Health Administration, Approval and Certification
Center, 765 Technology Drive, 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 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

[[Page 150]]

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; 73 FR
52212, Sept. 9, 2008]

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 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

[[Page 151]]

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.
(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 safety devices, electrical
contacts, and explosion-proof features.
(b) Photometric tests.
(c) Tests to demonstrate adequacy of mechanical strength.

[[Page 152]]

(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 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 U.S. Department of Labor,
Mine Safety and Health Administration, Approval and Certification
Center, 765 Technology Drive, Triadelphia, WV 26059, requesting an
extension of the original approval and describing the

[[Page 153]]

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; 73 FR 52212, Sept. 9, 2008]

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 Application procedures and requirements.
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.

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]

[[Page 154]]

Sec. 22.3 [Reserved]

Sec. 22.4 Application procedures and requirements.

(a) Before MSHA will undertake an active investigation leading to
approval of any methane detector, the applicant shall make application
by letter for an investigation leading to approval of the detector. This
application shall be sent to: U.S. Department of Labor, Mine Safety and
Health Administration, Approval and Certification Center, 765 Technology
Drive, Triadelphia, WV 26059, together with the required drawings, one
complete detector, and instructions for its operation. Fees calculated
in accordance with part 5 of this title shall be submitted in accordance
with Sec. 5.40.
(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, as amended at 70 FR 46343, Aug. 9, 2005; 70
FR 48872, Aug. 22, 2005; 73 FR 52212, Sept. 9, 2008]

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 the U.S. Department of Labor, Mine
Safety and Health Administration, Approval and Certification Center, 765
Technology Drive, 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 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; 73 FR
52212, Sept. 9, 2008]

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

[[Page 155]]

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 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.

[[Page 156]]

(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 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

[[Page 157]]

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 U.S. Department of Labor,
Mine Safety and Health Administration, Approval and Certification
Center, 765 Technology Drive, 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; 73 FR 52212, Sept. 9, 2008]

PART 23_TELEPHONES AND SIGNALING DEVICES--Table of Contents

Sec.
23.1 Purpose.
23.2 Definitions.
23.3 Application procedures and requirements.
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

[[Page 158]]

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 organization 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 Application procedures and requirements.

(a) Before MSHA will undertake an active investigation leading to
approval of any telephone or signaling device, the applicant shall make
application by letter for an investigation leading to approval of the
device. This application shall be sent to: U.S. Department of Labor,
Mine Safety and Health Administration, Approval and Certification
Center, 765 Technology Drive, Triadelphia, WV 26059, together with the
required drawings, one complete telephone or signaling device, and
instructions for its operation. Fees calculated in accordance with part
5 of this title shall be submitted in accordance with Sec. 5.40.
(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 36421, June 17, 2003, as amended at 70 FR 46343, Aug. 9, 2005; 70
FR 48872, Aug. 22, 2005; 73 FR 52212, Sept. 9, 2008]

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

[[Page 159]]

shall be sent prepaid to: Approval and Certification Center, 765
Technology Drive, Triadelphia, WV 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; 73 FR 52212, Sept. 9, 2008]

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 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

[[Page 160]]

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 permissibility. 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 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:

[[Page 161]]

(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.

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)(1) The manufacturer shall write to the U.S. Department of Labor,
Mine Safety and Health Administration, Approval and Certification
Center, 765 Technology Drive, 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

[[Page 162]]

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, 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; 68 FR
36421, June 17, 2003; 73 FR 52212, Sept. 9, 2008]

PART 27_METHANE-MONITORING SYSTEMS--Table of Contents

Subpart A_General Provisions

Sec.
27.1 Purpose.
27.2 Definitions.
27.3 Consultation.
27.4 Application procedures and requirements.
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.
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

[[Page 163]]

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-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 the
U.S. Department of Labor, Mine Safety and Health Administration,
Approval and Certification Center, 765 Technology Drive, 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

[[Page 164]]

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; 73 FR 52212, Sept. 9, 2008]

Sec. 27.4 Application procedures and requirements.

(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.
The application and all related matters and correspondence shall be
addressed to: U.S. Department of Labor, Mine Safety and Health
Administration, Approval and Certification Center, 765 Technology Drive,
Triadelphia, WV 26059. Fees calculated in accordance with part 5 of this
title shall be submitted in accordance with Sec. 5.40.
(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.
(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; 70 FR 46343, Aug.
9, 2005; 73 FR 52212, Sept. 9, 2008]

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

[[Page 165]]

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 date of receipt of an application will determine the order of
precedence for investigation and testing. 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.

[31 FR 10607, Aug. 9, 1966, as amended at 70 FR 46343, Aug. 9, 2005]

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 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

[[Page 166]]

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--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.

[[Page 167]]

(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:
(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

[[Page 168]]

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.

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.

[[Page 169]]

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 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.

[[Page 170]]

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 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

[[Page 171]]

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 the U.S.
Department of Labor, Mine Safety and Health Administration, Approval and
Certification Center, 765 Technology Drive, Triadelphia, WV 26059. Fees
calculated in accordance with part 5 of this title shall be submitted in
accordance with Sec. 5.40.
(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; 70 FR 46343, Aug. 9,
2005; 73 FR 52212, Sept. 9, 2008]

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 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.

[[Page 172]]

(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]

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]

[[Page 173]]

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 the U.S. Department of
Labor, Mine Safety and Health Administration, Approval and Certification
Center, 765 Technology Drive, Triadelphia, WV 26059. Copies of the
document may be purchased from Information Dissemination (Superintendent
of Documents), P.O. Box 371954, Pittsburgh, PA 15250-7954; Telephone:
866-512-1800, http://bookstore.gpo.gov.
(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 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; 71 FR 16666, Apr. 3, 2006; 73 FR 52212, Sept.
9, 2008]

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.

[[Page 174]]

(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 the U.S.
Department of Labor, Mine Safety and Health Administration, Approval and
Certification Center, 765 Technology Drive, Triadelphia, WV 26059, and
copies of the document are available from COMM 2000, 1414 Brook Drive,
Downers Grove, IL 60515; Telephone: 888-853-3512 (toll free); http://
ulstandardsinfonet.ul.com.
(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; 71 FR 16666, Apr. 3, 2006; 73 FR 52213, Sept.
9, 2008]

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
(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.

[[Page 175]]

(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 95
5 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 Application procedures and requirements.
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.
(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

[[Page 176]]

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 the
U.S. Department of Labor, Mine Safety and Health Administration,
Approval and Certification Center, 765 Technology Drive, Triadelphia, WV
26059, to discuss with MSHA personnel proposed designs of 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 made
to the applicant.

[70 FR 46343, Aug. 9, 2005, as amended at 73 FR 52213, Sept. 9, 2008]

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 Application procedures and requirements.

(a)(1) No investigation or testing for certification will be
undertaken by MSHA except pursuant to a written application (except as
provided in paragraph (e) of this section), accompanied by all
prescribed drawings, specifications, and related materials. The
application and all related matters and correspondence shall be
addressed to: U.S. Department of Labor, Mine Safety and Health
Administration, Approval and Certification Center, 765 Technology Drive,
Triadelphia, WV 26059. Fees calculated in accordance with part 5 of this
title shall be submitted in accordance with Sec. 5.40.
(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.
(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

[[Page 177]]

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; 70 FR 46343, Aug. 9,
2005; 73 FR 52213, Sept. 9, 2008]

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 178]]

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 179]]

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 180]]

file as the basis for the extension of certification.

[Sched. 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 181]]

(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 182]]

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 Application procedures and requirements.
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 183]]

coal mines and procedures for applying for such certification.

[Sched. 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 the
U.S. Department of Labor, Mine Safety and Health Administration,
Approval and Certification Center, 765 Technology Drive, 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; 73 FR 52213, Sept. 9, 2008]

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 Application procedures and requirements.

[[Page 184]]

(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) 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:
U.S. Department of Labor, Mine Safety and Health Administration,
Approval and Certification Center, 765 Technology Drive, 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; 70 FR
46344, Aug. 9, 2005; 73 FR 52213, Sept. 9, 2008]

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

[[Page 185]]

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 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]

[[Page 186]]

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.

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.

[Sched, 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;

[[Page 187]]

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 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.

[[Page 188]]

(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.
(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,
25 2 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

[[Page 189]]

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 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 Application procedures and requirements.
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]

[[Page 190]]

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 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 the
U.S. Department of Labor, Mine Safety and Health Administration,
Approval and Certification Center, 765 Technology Drive, 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; 73 FR 52213, Sept. 9, 2008]

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

[[Page 191]]

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 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 Application procedures and requirements.

(a)(1) No investigation or testing will be undertaken by MSHA except
pursuant to a written application accompanied by all descriptions,
specifications, test samples, and related materials. The application and
all related matters and correspondence shall be addressed to: U.S.
Department of Labor, Mine Safety and Health Administration, Approval and
Certification Center, 765 Technology Drive, Triadelphia, WV 26059. Fees
calculated in accordance with part 5 of this title shall be submitted in
accordance with Sec. 5.40.
(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.

[[Page 192]]

(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 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; 70 FR 46344, Aug. 9, 2005; 73 FR 52213, Sept. 9, 2008]

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

[[Page 193]]

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]

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.

[[Page 194]]

(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 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.

[Sched. 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

[[Page 195]]

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, 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.

[[Page 196]]

(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 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

[[Page 197]]

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 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
1.5 0.1 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.

[[Page 198]]

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 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]

[[Page 199]]

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.
(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
1.5 0.1 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.

[[Page 200]]

(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).
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 0.5 0.1 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

[[Page 201]]

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 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
temperature 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

[[Page 202]]

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 203]]

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 204]]

(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 205]]

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 206]]

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.

Authority: 30 U.S.C. 957.

[[Page 207]]

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. 1298 83
Stat. 803 (30 U.S.C. 813(g) and 957); sec.

[[Page 208]]

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 as possible of the alleged danger. The name
of the person giving such notice

[[Page 209]]

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 210]]

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 211]]

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 212]]

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, 201 12th Street South, Arlington, VA 22202-
5452. 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; 80
FR 52985, Sept. 2, 2015]

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 213]]

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 214]]

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 215]]

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, 201 12th Street South, Arlington, VA 22202-5452.
(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; 80
FR 52985, Sept. 2, 2015]

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 216]]

(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 217]]

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, sufficient 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 subpoenaed 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 218]]

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 219]]

(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 Assistant 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 220]]

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 221]]

(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 222]]

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 223]]

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 224]]

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 chapter or under proposed requirements
published April 14, 1999, which are available from the Office of
Standards, Regulations, and Variances, MSHA, 201 12th Street South,
Arlington, VA 22202-5452; 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 225]]

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;
80 FR 52985, Sept. 2, 2015]

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

[[Page 226]]

the Regional Manager for 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 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, 201 12th
Street South, Arlington, VA 22202-5452, 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: EFS_EAST@MSHA.GOV

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_WEST@MSHA.GOV

[64 FR 53130, Sept. 30, 1999, as amended at 67 FR 38384, June 4, 2002;
80 FR 52986, Sept. 2, 2015]

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.

[[Page 227]]

(e) Employee health and safety meetings, including informal health
and safety talks and instruction, may be credited under this part toward
either 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 begins You must provide the miner with training in the
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.
----------------------------------------------------------------------------------------------------------------
(d) No later than 90 calendar days after a new miner begins You must provide the miner with the balance, if
work at the mine-- any, of 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

[[Page 228]]

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 at the You must provide the miner with training in 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;
(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
experienced miner begins work at the mine-- and 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

[[Page 229]]

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
(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

[[Page 230]]

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;
(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

[[Page 231]]

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 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

[[Page 232]]

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,
(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

[[Page 233]]

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.
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 Written or printed material concerning a
(MSDS). hazardous chemical which--

[[Page 234]]

(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.
(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.

[[Page 235]]

(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.

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

[[Page 236]]

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 customers, 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.

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:

[[Page 237]]

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]

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

[[Page 238]]

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, 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.

[[Page 239]]

(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 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

[[Page 240]]

(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.
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;

[[Page 241]]

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 engaged in shaft or
slope construction, 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-term, specialized contract workers, such as
drillers and blasters, who are engaged in the extraction and production
process or engaged in shaft or slope construction 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, 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.
(4)(i) A person employed as an underground shaft or slope
construction worker on June 28, 2006; or
(ii) A person who has six months of underground shaft or slope
experience within 24 months before June 28, 2006.
(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

[[Page 242]]

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; 70
FR 77727, Dec. 30, 2005]

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) Except as provided in paragraphs (o) and (p) of this section,
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 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

[[Page 243]]

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 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 Nonmetal Mine Safety and Health, as
appropriate, MSHA, 201 12th Street South, Arlington, VA 22202-5452. 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

[[Page 244]]

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 and which are
issued by the District Manager.
(o) Each operator engaged in shaft or slope construction shall have
an MSHA-approved training plan, as outlined in this section, 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 operator engaged in shaft or slope
construction on December 30, 2005, the operator shall submit a plan for
approval by May 1, 2006, unless extended by MSHA.
(2) In the case of a new shaft or slope construction operator after
June 28, 2006, the operator shall have an approved plan prior to
commencing shaft or slope construction.
(p) Each underground coal operator, who is required to submit a
revised program of instruction for 30 CFR 75.1502, shall also submit a
revised training plan under this part 48.

(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; 70 FR 77727, Dec. 30, 2005; 71 FR 12268, Mar. 9,
2006; 71 FR 71451, Dec. 8, 2006; 80 FR 52986, Sept. 2, 2015]

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]

[[Page 245]]

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 be given
before a new miner goes underground and shall include--
(i) Instruction and demonstration in the use, care, and maintenance
of self-rescue and respiratory devices used at the mine;
(ii) Hands-on training in the complete donning of all types of self-
contained self-rescue devices used at the mine, which includes assuming
a donning position, opening the device, activating the device, inserting
the mouthpiece, and putting on the nose clip; and
(iii) Hands-on training in transferring between all applicable self-
rescue devices.
(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
program of instruction for mine emergency evacuation and firefighting
approved by the District Manager under 30 CFR 75.1502 or the escape and
evacuation plan under 30 CFR 57.11053, as applicable, shall be used for
this course. The course shall include--
(i) 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; and
(ii) An introduction to the methods of barricading and the locations
of the barricading materials, where applicable.
(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) 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.

[[Page 246]]

(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; 71 FR 12268, Mar. 9, 2006; 71 FR 71451, Dec. 8, 2006]

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.
(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
program of instruction for mine emergency evacuation and firefighting
approved by the District Manager under 30 CFR 75.1502 or the escape and
evacuation plan under 30 CFR 57.11053, as applicable, shall be used for
this course. The course shall include--
(i) 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; and

[[Page 247]]

(ii) Methods of barricading and the locations of barricading
materials, where applicable.
(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 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. 48.7 do not need to take training under this paragraph.
(12) Self-rescue and respiratory devices. The course shall be given
before the miner goes underground and shall include--
(i) Instruction and demonstration in the use, care, and maintenance
of self-rescue and respiratory devices used at the mine;
(ii) Hands-on training in the complete donning of all types of self-
contained self-rescue devices used at the mine, which includes assuming
a donning position, opening the device, activating the device, inserting
the mouthpiece, and putting on the nose clip; and
(iii) Hands-on training in transferring between all applicable self-
rescue devices.
(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 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; 71 FR 12268, Mar. 9, 2006; 71 FR
71451, Dec. 8, 2006]

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

[[Page 248]]

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.

[[Page 249]]

(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,
except for miners who receive this training under 30 CFR 75.1504, the
course shall include a review of the emergency evacuation and
firefighting program of instruction 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. In addition, except for
miners who receive this training under 30 CFR 75.1504, the training for
self-contained self-rescue (SCSR) devices shall include:
(i) Hands-on training in the complete donning of all types of self-
contained self-rescue devices used at the mine, which includes assuming
a donning position, opening the device, activating the device, inserting
the mouthpiece, and putting on the nose clip; and
(ii) Hands-on training in transferring between all applicable self-
rescue devices.
(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 persons employed as shaft or slope construction workers on
June 28, 2006 must receive annual refresher training within 12 months of
June 2006.
(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; 71 FR
12269, Mar. 9, 2006; 70 FR 77727, Dec. 30, 2005; 71 FR 71451, Dec. 8,
2006]

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 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.

[[Page 250]]

(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, including:
(i) Hands-on training in the complete donning of all types of self-
contained self-rescue devices used at the mine, which includes assuming
a donning position, opening the device, activating the device, inserting
the mouthpiece, and putting on the nose clip; and
(ii) Hands-on training in transferring between all applicable self-
rescue 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. 48.3(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; 71 FR 12269, Mar. 9, 2006; 71 FR 71452, Dec. 8,
2006]

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 the Administrator for Metal and Nonmetal Mine Safety and
Health, as appropriate, MSHA, 201 12th Street South, Arlington, VA
22202-5452, 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; 71
FR 16666, Apr. 3, 2006; 80 FR 52986, Sept. 2, 2015]

[[Page 251]]

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 engaged in shaft or slope construction, 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 or engaged in shaft or
slope construction 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 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.
(4)(i) A person employed as a surface shaft or slope construction
worker on the June 28, 2006; or,
(ii) A person who has six months of surface shaft or slope
experience within 24 months before June 28, 2006.
(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.

[[Page 252]]

(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; 44 FR 1980, Jan. 9, 1979, as amended at 63
FR 53759, 53760, Oct. 6, 1998; 70 FR 77727, Dec. 30, 2005]

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) Except as provided in paragraph (o) of this section, each
operator of a surface 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.

[[Page 253]]

(e) All training required by the training plan submitted to and
approved by the District Manager as required by 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 the
Administrator for Metal and Nonmetal Mine Safety and Health, as
appropriate, MSHA, 201 12th Street South, Arlington, VA 22202-5452. 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 254]]

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.
(o) Each operator engaged in shaft or slope construction shall have
an MSHA-approved training plan, as outlined in this section, 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 operator engaged in shaft or slope
construction on December 30, 2005, the operator shall submit a plan for
approval by May 1, 2006, unless extended by MSHA.
(2) In the case of a new shaft or slope construction operator after
June 28, 2006, the operator shall have an approved plan prior to
commencing shaft or slope construction.

(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; 70 FR
77727, Dec. 30, 2005; 80 FR 52986, Sept. 2, 2015]

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

[[Page 255]]

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, 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

[[Page 256]]

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.
(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

[[Page 257]]

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 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, AMS 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 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,

[[Page 258]]

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) 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; 73 FR 80612, Dec. 31, 2008]

Sec. 48.28 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.
(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.

[[Page 259]]

(11) 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 persons employed as shaft or slope construction workers on
June 28, 2006 must receive annual refresher training within 12 months of
June 2006.
(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; 70 FR 77728, Dec. 30, 2005]

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.
(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

[[Page 260]]

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 the Administrator for Metal and Nonmetal Mine
Safety and Health, as appropriate, MSHA, 201 12th Street South,
Arlington, VA 22202-5452, 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; 80 FR 52986, Sept. 2, 2015]

PART 49_MINE RESCUE TEAMS--Table of Contents

Subpart A_Mine Rescue Teams for Underground Metal and Nonmetal Mines

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.

Subpart B_Mine Rescue Teams for Underground Coal Mines

49.11 Purpose and scope.
49.12 Availability of mine rescue teams.
49.13 Alternative mine rescue capability for small and remote mines.
49.14 [Reserved]
49.15 Mine rescue station.
49.16 Equipment and maintenance requirements.
49.17 Physical requirements for mine rescue team.
49.18 Training for mine rescue teams.
49.19 Mine emergency notification plan.
49.20 Requirements for all coal mines.
49.30 Requirements for small coal mines.
49.40 Requirements for large coal mines.
49.50 Certification of coal mine rescue teams.
49.60 Requirements for a local mine rescue contest.

Appendix to Subpart B of Part 49--Optional Form for Certifying Mine
Rescue Teams

Authority: 30 U.S.C. 811, 825(e).

Source: 45 FR 47002, July 11, 1980, unless otherwise noted.

Subpart A_Mine Rescue Teams for Underground Metal and Nonmetal Mines

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

[[Page 261]]

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, 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:

[[Page 262]]

(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 alternati