[Federal Register Volume 60, Number 3 (Thursday, January 5, 1995)]
[Proposed Rules]
[Pages 1866-1871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16]




[[Page 1865]]

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Part III





Department of Labor





_______________________________________________________________________



Mine Safety and Health Administration



_______________________________________________________________________



30 CFR Parts 56 and 57



Safety Standards for Explosives at Metal and Nonmetal Mines; Proposed 
Rule

  Federal Register / Vol. 60, No. 3 / Thursday, January 5, 1995 / 
Proposed Rules   
[[Page 1866]]

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 56 and 57

RIN 1219-AA84


Safety Standards for Explosives at Metal and Nonmetal Mines

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Proposed rule.

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

SUMMARY: This proposed rule would revise certain provisions of the Mine 
Safety and Health Administration's (MSHA) safety standards for 
explosives at metal and nonmetal mines. The proposal would revise the 
standards for use of a ``laminated partition'' as it relates to 
requirements for powder chests and the separation of transported 
explosive material. The proposal would also revise existing provisions 
related to loading and firing of explosive materials, and establish new 
requirements when loading is interrupted or firing of explosive 
materials is delayed. The proposal also clarifies the application of 
existing provisions concerning the protection of explosive materials 
from impact and exposure to high temperatures. In addition, the 
proposal would revise and clarify the existing provisions addressing 
static electricity dissipation during loading. The Agency's intent 
concerning requirements for vehicles containing explosive material is 
clarified, with no proposed regulatory change.

DATES: All comments, information and requests for a public hearing must 
be submitted by March 6, 1995.

ADDRESSES: Send written comments to Patricia W. Silvey, Director, 
Office of Standards, Regulations and Variances, MSHA, Room 631, 
Ballston Tower No. 3, 4015 Wilson Boulevard, Arlington, Virginia 22203. 
Interested persons are encouraged to send comments on a computer disk 
along with their original comments in hard copy.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office 
of Standards, Regulations and Variances, MSHA, (703) 235-1910.

SUPPLEMENTARY INFORMATION:

I. Paperwork Reduction Act

    This proposed rule contains no information collection or paperwork 
requirements subject to the Paperwork Reduction Act of 1980.

II. Rulemaking Background

    MSHA published comprehensive revisions to its explosives safety 
standards for metal and nonmetal mines in January 1991 (56 FR 2070). 
Prior to the effective date of the rule, MSHA stayed several provisions 
due to compliance issues raised by the mining community and explosives 
manufacturers. The provisions involved were subsequently reproposed on 
October 16, 1992, (57 FR 47524) for revision and clarification. On 
December 30, 1993, (58 FR 69596), MSHA published the final rule which 
became effective on January 31, 1994.
    In February 1994, the American Mining Congress (AMC) and the 
Institute of Makers of Explosives (IME) each filed a petition for 
review of the final rule with the United States Court of Appeals for 
the District of Columbia Circuit, in American Mining Congress, et al. 
v. MSHA, Docket No. 94-1146, and in IME v. MSHA, Docket No. 94-1144. 
AMC requested that MSHA reconsider evidence in the rulemaking record 
regarding the ``continuous loading'' requirements of Secs. 56/
57.6306(c), Loading and blasting. In addition, AMC requested that the 
Agency clarify the preamble discussion to Secs. 56/57.6202(a)(1), 
concerning vehicles containing explosive materials.
    IME argued for revision of Secs. 56/57.6000, the definition of 
``laminated partition,'' and corresponding changes in Secs. 56/
57.6133(b), Powder chests, and Secs. 56/57.6201 (a)(2) and (b)(2), 
Separation of transported explosive material. Also, IME requested that 
MSHA reconsider information in the rulemaking record regarding the 
requirements of Secs. 56/57.6602, Static electricity dissipation during 
loading.
    MSHA is conducting this rulemaking pursuant to section 101 of the 
Federal Mine Safety and Health Act of 1977 (Mine Act).

III. Discussion and Summary of the Proposed Rule

A. General Discussion

    Historically, hazards associated with the storage, transportation, 
and use of explosive materials have been a cause of serious injuries 
and fatalities in metal and nonmetal mines. Precautions to safeguard 
against these hazards are an essential part of any effective mine 
safety program.
    This proposal addresses issues raised in the rule challenges noted 
above. The proposal also addresses issues based upon MSHA's experience 
and establishes new requirements for blast site security when loading 
is interrupted or firing is delayed. In addition, the proposal would 
revise the scope of the existing requirements for protecting explosive 
material from impact and high temperatures, clarifying MSHA's original 
intent.

B. Section-by-Section Analysis

    The following analysis examines the proposed rule and its effect on 
existing standards.
Definitions
    Sections 56/57.6000 definition of laminated partition. The existing 
definition of ``laminated partition'' in 30 CFR 56/57.6000 describes 
the composition of partitions that may be used to separate detonators 
from other explosive materials and specifically states that the IME-22 
container or compartment meets the criteria of a ``laminated 
partition.'' This definition and the nominal dimensions of the 
partition's requirements were derived from IME's Safety Library 
Publication No. 22, ``Recommendations for the Safe Transportation of 
Detonators in a Vehicle with other Explosive Materials,'' 1985. The IME 
has informed MSHA that use of the term ``laminated partition'' as 
defined by MSHA, under the provisions of Secs. 56/57.6133 and 56/
57.6201, raises safety concerns. Specifically, the IME stated that the 
IME-22 compartment or container should not be used as a ``laminated 
partition'' when certain detonators are transported with explosives or 
blasting agents in the same vehicle or stored together in powder chests 
because such use is contrary to IME's recommendations.
    The use of a ``laminated partition'' to separate certain detonators 
from explosives or blasting agents when transported or stored together 
in powder chests is an accepted practice with a good safety record in 
the mining industry. It is, therefore, MSHA's intention to continue to 
recognize this practice. At the same time, MSHA acknowledges that the 
limitations for use of such compartments or containers must be followed 
to protect miners from the hazards of an unplanned ignition.
    MSHA, therefore, proposes to revise the existing definition of 
``laminated partition.'' The proposed definition will specify the 
construction requirements for a ``laminated partition'' as described in 
the IME Safety Library Publication No. 22 (May 1993) and the Generic 
Loading Guide for the IME-22 Container (October 1993). The definition 
would also recognize alternative construction requirements specified in 
these publications.
    In addition, MSHA proposes to revise the existing requirements for 
Powder chests, Secs. 56/57.6133, and Separation of transported 
explosive material, Secs. 56/57.6201, to incorporate by reference the 
[[Page 1867]] IME Safety Library Publication No. 22, ``Recommendations 
for the Safe Transportation of Detonators in a Vehicle with other 
Explosive Materials,'' (May 1993) and the ``Generic Loading Guide for 
the IME-22 Container,'' (October 1993). With these revisions, using a 
``laminated partition'' to separate certain detonators from explosives 
or blasting agents would continue to be permitted, provided the 
limitations set by IME for use of a ``laminated partition'' are 
followed. These IME publications would be available at MSHA 
headquarters in Arlington, VA and at all Metal and Nonmetal Mine Safety 
and Health District Offices. In the future, MSHA will consider 
modifying these incorporations to reflect substantive updates of the 
publications.
Storage
    Sections 56/57.6133 Powder chests. Existing Secs. 56/57.6133, 
concerning powder chests, provide for the storage of detonators with 
other explosive materials. Specifically, existing paragraph (b) 
requires that detonators be kept in separate chests from explosives or 
blasting agents, except that detonators and explosives may be kept in 
the same compartment or container if separated by 4 inches of hardwood, 
laminated partition, or equivalent.
    Since the early 1970's, MSHA has required 4 inches of hardwood or 
equivalent to separate detonators from explosives or blasting agents 
when stored together. The purpose of the 4 inches of hardwood is to 
provide sufficient separation of explosive materials from detonators to 
protect against propagation should detonators be initiated by outside 
forces.
    The proposal will also continue to allow the use of other 
construction materials that are equivalent to 4 inches of hardwood. 
This equivalent material must provide at least the same protection as 
the 4 inches of hardwood as demonstrated by testing.
    As discussed above under the definition of ``laminated partition,'' 
the proposal would permit a compartment or container meeting the 
definition of a ``laminated partition'' to be used to separate certain 
detonators from explosives or blasting agents. When a ``laminated 
partition'' is used, the proposal would require the provisions of IME 
Safety Library Publication No. 22, ``Recommendations for the Safe 
Transportation of Detonators in a Vehicle with other Explosive 
Materials,'' (May 1993), and the ``Generic Loading Guide for the IME-22 
Container,'' (October 1993) to be followed. These IME publications 
would be incorporated by reference and are available at MSHA 
headquarters in Arlington, VA and at all Metal and Nonmetal Mine Safety 
and Health District Offices. In the future, MSHA will consider 
modifying these incorporations to reflect substantive updates of the 
publications.
Transportation
    Sections 56/57.6201 Separation of transported explosive material. 
Existing Secs. 56/57.6201 contain requirements for transporting 
detonators with other explosive material. Specifically, paragraphs 
(a)(2) and (b)(2) provide for detonators to be separated from 
explosives or blasting agents by 4 inches of hardwood, laminated 
partition or equivalent.
    As discussed above, since the early 1970's, MSHA has required 4 
inches of hardwood or equivalent to separate detonators from explosives 
or blasting agents when transported together in the same vehicle. The 
purpose of the 4 inches of hardwood is to provide sufficient separation 
of explosive materials from detonators to protect against propagation 
should detonators be initiated by outside forces, such as impact.
    Likewise, the proposal will continue to allow the use of other 
construction materials that are equivalent to 4 inches of hardwood. 
This equivalent material must provide at least the same protection as 
the 4 inches of hardwood as demonstrated by testing.
    As discussed above under the definition of ``laminated partition,'' 
the proposal would permit a compartment or container meeting the 
definition of a ``laminated partition'' to be used to separate certain 
detonators from explosives or blasting agents. When a ``laminated 
partition'' is used, the proposal would require the provisions of IME 
Safety Library Publication No. 22 ``Recommendations for the Safe 
Transportation of Detonators in a Vehicle with other Explosive 
Materials,'' (May 1993) and the ``Generic Loading Guide for the IME-22 
Container,'' (October 1993) to be followed. These IME publications 
would be incorporated by reference and are available at MSHA 
headquarters in Arlington, VA and at all Metal and Nonmetal Mine Safety 
and Health District Offices.
    Sections 56/57.6202 Vehicles. The 1993 preamble discussion to 
Secs. 56/57.6202(a)(1) led to some misunderstanding in the mining 
community that vehicles used on mine property must be able to pass 
Federal, State, and local licensing requirements for over-the-road use 
to be in compliance with MSHA regulatory provisions. This was not a 
requirement included in the regulation, nor the Agency's intent.
    On September 30, 1994, MSHA issued Program Policy Letter No. P94-
IV-3, clarifying the meaning of the term ``good condition.'' MSHA's use 
of the term ``good condition'' is intended to mean that the mine 
vehicle must be in a condition consistent with safe operating 
practices. A vehicle that is road worthy can generally be expected to 
be in good condition. MSHA does not intend for the term ``good 
condition'' to mean that mine vehicles must pass Federal, State and 
local licensing requirements for over-the-road use. Vehicles carrying 
explosive materials must comply with the requirements of subpart M of 
Secs. 56/57.14000 et seq. Subpart M--Machinery and Equipment, addresses 
the maintenance requirements for all self-propelled mobile equipment 
used on mine property.
Use
    Sections 56/57.6302 Separation of explosive material and Sections 
56/57.6905 Separation of explosive material and hang-up blasting. 
Paragraph (a) of existing Secs. 56/57.6302 requires that explosives and 
blasting agents be kept separate from detonators until loading begins. 
This provision remains unchanged. The section heading of Secs. 56/
57.6302 would be revised to read ``Separation of explosive material.''
    Existing paragraph (b) requires that explosive material be 
protected from impact and temperatures in excess of 150  deg.F when 
taken to the blast site. As discussed below, experience in the 
application of this standard has led MSHA to propose that these two 
paragraphs be separated and clarified.
    In 1993, MSHA promulgated Secs. 56/57.6302 under the ``Use'' 
portion of the explosives regulations, thereby creating confusion as to 
whether explosives must be protected from impact during transportation 
and storage as well. MSHA's intent was to require protection of 
explosive material from impact and high temperatures generally, not 
just during use. The proposal would move existing paragraph (b) of 
Secs. 56/57.6302 to ``General Requirements'' and ``General 
Requirements--Surface and Underground''. For surface mines, the 
provision would be codified as Sec. 56.6905, with the section heading 
``Explosive material protection.'' For underground mines, the provision 
would be codified as Sec. 57.6905, with the section heading 
``Separation of explosive material and hang-up blasting.'' 
[[Page 1868]] 
    It is well recognized that exposure of explosive material to impact 
or high temperatures can be hazardous. From 1977 to 1988, as reported 
in MSHA's Program Circular (PC-7026) on ``Blasting Incidents in 
Mining,'' (August 1988), there were at least 22 impact- and 
temperature-related blasting incidents, six of which resulted in 
fatalities. Therefore, MSHA is proposing that paragraphs (a) and (b) of 
Secs. 56.6905 and 57.6905 require protection against temperatures in 
excess of 150  deg.F and impact with the exception of tamping and 
dropping during loading. When tamping and dropping explosive materials 
during loading, operators must comply with existing Secs. 56/57.6304, 
Primer protection.
    Proposed paragraph (c) of Sec. 57.6905 is derived from the general 
requirement in Sec. 57.6302 that explosives be protected from impact. 
It would require the use of detonating cord to initiate explosives 
placed in raises, chutes, and ore passes to free hang-ups. Freeing 
hang-ups is inherently hazardous because it potentially exposes both 
explosives and miners to unsupported material. Detonators could be hit 
by falling material and prematurely detonate.
    Virtually all detonators used in mining contain highly sensitive 
primary explosive compositions which make them impact sensitive. 
Detonators, whether electric or nonelectric, are the most impact 
sensitive of commercially used explosive products. Detonating cord is 
not highly impact sensitive so long as the outer covering material 
remains intact.
    MSHA has reviewed the available literature on freeing hang-ups and 
surveyed its field offices and found that a variety of procedures are 
used. Hang-ups are commonly freed by placing charges of explosives in 
contact with, or as near as possible to, the blockage, often with 
poles. Some mine operators use detonating cord to initiate the charges 
while others use detonators. MSHA believes that the use of detonating 
cord to initiate the explosives allows for complete control of the 
firing time and provides greater safety for the miners involved.
    The proposal would not preclude the use of such devices as 
ballistic disks which are initiated by a detonating cord.
    Sections 56/57.6306 Loading, blasting, and security. The proposal 
would revise existing Secs. 56/57.6306, which address loading and 
blasting precautions. In addition, the proposal would add provisions to 
ensure that the blast site is secure from unauthorized entry when 
loading is interrupted or firing is delayed. It would replace the 
security provisions of Secs. 56/57.6313.
    Existing paragraphs (a) and (b) would be redesignated as paragraphs 
(b) and (c) without change and a new paragraph (a) would be added. 
Existing paragraph (d) would be redesignated as (e). Existing 
paragraphs (c) and (e) would be revised and combined with the 
provisions of existing Secs. 56/57.6313 as proposed paragraph (d). No 
changes are proposed to existing paragraphs (f) and (g).
    When explosive materials or initiating systems are brought to the 
blast site, proposed paragraph (a) would require that the area be 
barricaded and posted, or flagged against unauthorized entry. MSHA 
intends that this new requirement would prevent unauthorized or 
inadvertent entry by persons onto the blast site. The proposal would 
ensure that the blast site is clearly demarcated so that all persons 
are aware of the perimeter of the blast site. This precaution would 
protect against the risk of unplanned detonations and possible 
subsequent misfires caused by unauthorized persons, including 
trespassers, disturbing the blast site. Trespassing is a continuing, 
recognized problem on mine property. Although explosives were not 
involved, MSHA records show that there have been four deaths of 
trespassers on mine property to date in 1994.
    Proposed paragraph (d)(1) of Secs. 56/57.6306 revises provisions in 
existing paragraphs (c) and (e) which require loading to be continuous 
and the blast to be fired without undue delay. This paragraph also 
replaces Secs. 56/57.6313 by addressing blast site security when 
loading is interrupted or firing is delayed.
    The proposal would require that loading and firing of a blast be 
conducted without undue interruption or delay. This requirement 
reflects the longstanding and generally accepted safety practice that 
loading and firing be completed as soon as practicable after the 
process begins. The Agency recognizes that there are circumstances 
which cause an interruption of loading or a delay in firing. Examples 
of these circumstances include emergencies, unfavorable atmospheric 
conditions, shift changes, and large equipment failure.
    When loading is interrupted or firing is delayed for any reason, 
the proposal would require the mine to be ``attended'' to prevent 
unauthorized entry to the blast site. ``Attended'' is defined in 
Secs. 56/57.6000. MSHA believes that requiring the mine be attended 
when loading is interrupted or firing is delayed provides the 
protection needed to miners. Entry by unauthorized persons on a blast 
site where explosive materials are present can present hazards to those 
persons and to miners. For example, a person may throw lighted smoking 
materials into a blast hole, disturb the initiation system, or kick 
material into a hole--any one of which could contribute to a premature 
detonation. Even if premature detonation does not occur, these 
incidents could later expose miners to the hazards associated with 
misfires. Further, trespassers could remove explosive materials from a 
loaded hole which would constitute a violation of Bureau of Alcohol, 
Tobacco and Firearms (BATF) security regulations. MSHA enforces 
security regulations on mine property under a Memorandum of 
Understanding with BATF (45 FR 25564). Requiring the mine to be 
attended would provide a reasonable measure of protection against these 
risks.
    MSHA believes that the proposed requirement is practicable for the 
mining industry because interruptions are rare and when they do occur 
work schedules and the availability of mine personnel generally could 
be adapted to satisfy the proposed requirement. For example, many large 
mines are operated continuously with personnel routinely on site around 
the clock, seven days a week. In some cases, these operations load a 
series of blast holes sequentially before firing. At small operations 
working one shift a day, specific arrangements may have to be made for 
the mine to be attended when an interruption in loading or delay in 
firing of explosives results in a delay beyond the end of the shift. It 
is MSHA's experience, however, that small operations ordinarily load 
and fire explosives during a single work shift. The presence and 
routine activities of these persons on site could be sufficient to 
prevent unauthorized entry to the blast site.
    With regard to underground blasting, the proposal would require 
that the mine be attended when loading is interrupted or firing of 
explosives is delayed. However, the proposal would recognize that 
underground areas of a mine are secure against unauthorized entry if 
entrance to the mine is through vertical shafts. Slope and adit mines 
are secure if surface entries are locked to prevent access by 
unauthorized persons.
    When underground blast sites are not secure against unauthorized 
entry, however, the proposed rule would require a person to be present 
at the mine to prevent unauthorized entry to the blast site when 
loading is interrupted or firing of explosives is delayed. Agency 
experience indicates that maintenance and other personnel 
[[Page 1869]] are often present during off-shifts and weekends at 
underground mines. The presence of these persons could satisfy the 
requirements of the proposal, provided they prevent unauthorized entry 
to the blast site when loading is interrupted or firing is delayed.
    Paragraph (d)(2) would require persons securing a blast site at a 
surface mine or at blast site at the surface area of an underground 
mine to withdraw from the blast site during the approach and progress 
of an electrical storm. Persons securing an underground blast site 
involving an electrical blasting operation that is capable of being 
initiated by lightning also would be required to withdraw from the 
blast site to a safe location. These storm precautions correspond with 
those required under existing Secs. 56/57.6604.
    The proposed rule would delete the provision in existing paragraph 
(e) of Secs. 56/57.6306 which require MSHA to be notified if loaded 
holes are not fired within 72 hours. MSHA believes that the proposed 
requirements that loading and firing be done without undue interruption 
or delay, and the provisions for blast site security in the event of an 
interruption or delay in loading and firing, provide greater protection 
than the existing 72-hour notification requirement.
    Sections 56/57.6313 Blast site security. Under the proposal, the 
security provisions of Secs. 56/57.6313 would be revised and 
incorporated into Secs. 56/57.6306 to afford blast site protection when 
loading is interrupted or when firing is delayed.
Extraneous Electricity
    Sections 56/57.6602 Static electricity dissipation during loading. 
Existing Secs. 56/57.6602 address the build-up of static electricity 
during pneumatic loading or dropping of explosive material into a 
blasthole. Following publication of the December 30, 1993, safety 
standards for explosives, MSHA received technical information 
indicating that the scope of this provision is too broad because the 
term ``dropping'' encompasses dropping, pouring, or auguring explosive 
materials into blastholes. Specifically, it was noted that dropping, 
pouring, and auguring explosives are performed at a low velocity. As a 
result the generation of static electricity is not sufficient to 
initiate the primer.
    Based on this information, MSHA agrees and, therefore, proposes to 
delete ``dropping'' from the introductory text of Secs. 56/57.6602. As 
revised, the standard would require that when explosive material is 
loaded pneumatically into a blasthole in a manner that generates static 
electricity, certain precautions be taken as specified in the 
regulation.

IV. Executive Order 12866 and the Regulatory Flexibility Act

    Executive Order 12866 requires that regulatory agencies assess both 
the costs and benefits of proposed regulations. MSHA has determined 
that this rulemaking is not a significant regulatory action and, 
therefore, has not prepared a separate analysis of costs and benefits. 
The Regulatory Flexibility Act requires regulatory agencies to consider 
a rule's impact on small entities. This proposed rule would not have a 
significant economic impact on a substantial number of small entities. 
The analysis contained in this preamble meets MSHA's responsibilities 
under Executive Order 12866 and the Regulatory Flexibility Act.
    Based on an analysis of the impact of the proposed rule, MSHA 
estimates that the total annual recurring cost impact would be about 
$70,000. All of these costs are attributable to paragraph (d)(1) of 
Secs. 56/57.6306 which requires that if loading is interrupted or 
firing of the blast is delayed for any reason, the mine must be 
attended to prevent unauthorized entry to the blast site. The total 
cost impact on all small mines, those employing fewer than 20 miners, 
would be nominal.
    MSHA anticipates that the revisions to Secs. 56/57.6306 would 
affect all quarries, medium-sized underground mines, and most open pit 
mines, except for certain operations which mine commodities such as 
clays and phosphates and do not use explosives. MSHA does not expect 
small underground mines to be affected as these mines would experience 
a delay in firing or an interruption in loading only rarely, if ever. 
Neither does MSHA anticipate that the largest underground mines would 
be more than nominally affected as many of these mines are operated 
around the clock, seven days a week. The presence of these persons 
could satisfy the requirements of the proposal if they are assigned to 
prevent unauthorized entry to the blast site.
    MSHA recognizes that it is a common industry practice to load 
continuously and to fire explosives promptly. Interruptions in loading 
and delays in firing, however, can occur infrequently, almost always 
due to emergency circumstances. In most of these instances, the mine 
operator would have personnel available on the mine site who could 
prevent unauthorized entry to the blast site. On occasion, however, 
circumstances may require the assignment of additional personnel or the 
payment of additional wages to perform this duty.
    Based on these assumptions and its experience, MSHA estimates that 
the revisions to Secs. 56/57.6306 would affect 0.5 percent of the small 
open pit mines and quarries, 5 percent of the medium underground mines, 
and 5 percent of the medium and large open pit mines and quarries. MSHA 
estimates further that an overnight interruption or delay would occur 
once every 2 years at the smallest mines and up to once every other 
month at the largest mines. An interruption in loading or a delay in 
firing that extends over a weekend would occur about once a year at 
about 5 percent of the medium underground mines and the medium and 
large open pit mines and quarries.
    MSHA estimated that Sec. 57.6905(c) would affect fewer than 60 
underground mines which have ore passes, raises, or chutes as an 
integral part of their mining method. Some of these already may use 
detonating cord to eliminate ``hang-ups.'' Depending upon how the 
detonating cord is used, for example, frequency of use, etc., MSHA 
believes that the proposed requirement may result in increased 
compliance costs. However, these cost increases are expected to be 
negligible.

List of Subjects in 30 CFR Parts 56 and 57

    Explosives, Incorporation by reference, Metal and nonmetal mining, 
Mine safety and health.

    Dated: December 24, 1994.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
    It is proposed to amend parts 56 and 57, subchapter N, chapter I, 
title 30 of the Code of Federal Regulations as follows:

PART 56--[AMENDED]

    1. The authority citation for part 56 continues to read as follows:

    Authority: 30 U.S.C. 811, 956, and 961.

    2. Section 56.6000 is amended by revising the definition of 
``laminated partition'' to read as follows:


Sec. 56.6000  Definitions.

* * * * *
    Laminated partition. A partition composed of the following material 
and minimum nominal dimensions: \1/2\-inch-thick plywood, \1/2\-inch-
thick gypsum wallboard, \1/8\-inch-thick low carbon steel, and \1/4\-
inch-thick plywood, bonded together in that order. Alternative 
construction materials described in the IME Safety Library 
[[Page 1870]] Publication No. 22, ``Recommendations for the Safe 
Transportation of Detonators in a Vehicle with other Explosive 
Materials,'' (May 1993), and the ``Generic Loading Guide for the IME-22 
Container,'' (October 1993) may be used. These publications are 
incorporated by reference and are available at MSHA, 4015 Wilson 
Boulevard, Room 728, Arlington, VA 22203, and at all Metal and Nonmetal 
Mine Safety and Health District Offices.
* * * * *
    3. Section 56.6133 is amended by revising paragraph (b) to read as 
follows:


Sec. 56.6133  Powder chests.

* * * * *
    (b) Detonators shall be kept in separate chests from explosives or 
blasting agents, unless separated by 4 inches of hardwood or 
equivalent. A compartment or container meeting the definition of a 
laminated partition may be used to separate detonators from explosives 
or blasting agents. When a laminated partition is used, the provisions 
of the IME Safety Library Publication No. 22, ``Recommendations for the 
Safe Transportation of Detonators in a Vehicle with other Explosive 
Materials,'' (May 1993), and the ``Generic Loading Guide for the IME-22 
Container,'' (October 1993) shall be followed. These publications are 
incorporated by reference and are available at MSHA, 4015 Wilson 
Boulevard, Room 728, Arlington, VA 22203 and at all Metal and Nonmetal 
Mine Safety and Health District Offices.
    4. Section 56.6201 is amended by revising paragraphs (a)(2) and 
(b)(2) to read as follows:


Sec. 56.6201  Separation of transported explosive material.

* * * * *
    (a) * * *
    (2) Separated from explosives or blasting agents by 4 inches of 
hardwood or equivalent. The hardwood or equivalent shall be fastened to 
the vehicle or conveyance. A compartment or container meeting the 
definition of a laminated partition may be used to separate detonators 
from explosives or blasting agents. When a laminated partition is used, 
the provisions of the IME Safety Library Publication No. 22 (May 1993) 
and the Generic Loading Guide for the IME-22 Container (October 1993) 
shall be followed. These publications are incorporated by reference and 
are available at MSHA, 4015 Wilson Boulevard, Room 728, Arlington, VA 
22203 and at all Metal and Nonmetal Mine Safety and Health District 
Offices.
    (b) * * *
    (2) Separated from explosives or blasting agents by 4 inches of 
hardwood or equivalent. The hardwood or equivalent shall be fastened to 
the vehicle or conveyance. A compartment or container meeting the 
definition of a laminated partition may be used to separate detonators 
from explosives or blasting agents. When a laminated partition is used, 
the provisions of IME Safety Library Publication No. 22 (May 1993) and 
the Generic Loading Guide for the IME-22 Container (October 1993) shall 
be followed. These publications are incorporated by reference and are 
available at MSHA, 4015 Wilson Boulevard, Room 728, Arlington, VA 22203 
and at all Metal and Nonmetal Mine Safety and Health District Offices.
    5. Section 56.6302 is revised to read as follows:


Sec. 56.6302  Separation of explosive material.

    Explosives and blasting agents shall be kept separated from 
detonators until loading begins.
    6. Section 56.6306 is revised to read as follows:


Sec. 56.6306  Loading, blasting, and security.

    (a) When explosive materials or initiating systems are brought to 
the blast site, the area shall be barricaded and posted, or flagged 
against unauthorized entry.
    (b) Vehicles and equipment shall not be driven over explosive 
material or initiating systems in a manner which could contact the 
material or system, or create other hazards.
    (c) Once loading begins, the only activities permitted within the 
blast site shall be those activities directly related to the blasting 
operation and the activities of surveying, stemming, sampling of 
geology, and reopening of holes, provided that reasonable care is 
exercised. Haulage activity is permitted near the base of the highwall 
being loaded, provided no other haulage access exists.
    (d)(1) Loading and firing of a blast shall be performed without 
undue interruption or delay. If loading is interrupted or firing of the 
blast is delayed for any reason, the mine shall be attended to prevent 
unauthorized entry to the blast site.
    (2) During the approach and progress of an electrical storm, 
persons preventing unauthorized entry to a surface blast site shall 
withdraw from the blast area to a safe location.
    (e) In electric blasting prior to connecting to the power source, 
and in nonelectric blasting prior to attaching an initiating device, 
all persons shall leave the blast area except persons in a blasting 
shelter or other location that protects them from concussion (shock 
wave), flying material, and gases.
    (f) Before firing a blast--
    (1) Ample warning shall be given to allow all persons to be 
evacuated;
    (2) Clear exit routes shall be provided for persons firing the 
round; and
    (3) All access routes to the blast area shall be guarded or 
barricaded to prevent the passage of persons or vehicles.
    (g) Work shall not be resumed in the blast area until a post-blast 
examination addressing potential blast-related hazards has been 
conducted by a person with the ability and experience to perform the 
examination.


Sec. 56.6313  [Removed]

    7. Section 56.6313 is removed.
    8. Section 56.6602 is amended by revising the introductory text to 
read as follows:


Sec. 56.6602  Static electricity dissipation during loading.

    When explosive material is loaded pneumatically into a blasthole in 
a manner that generates static electricity--
* * * * *
    9. Section 56.6905 is added to read as follows:


Sec. 56.6905  Explosive material protection.

    (a) Explosive material shall be protected from temperatures in 
excess of 150  deg.F.
    (b) Explosive material shall be protected from impact, except for 
tamping and dropping during loading.

PART 57--[AMENDED]

    10. The authority citation for part 57 continues to read as 
follows:

    Authority: 30 U.S.C. 811, 956, and 961.

    11. Section 57.6000 is amended by revising the definition of 
``laminated partition'' to read as follows:


Sec. 57.6000  Definitions.

* * * * *
    Laminated partition. A partition composed of the following material 
and minimum nominal dimensions: \1/2\-inch-thick plywood, \1/2\-inch-
thick gypsum wallboard, \1/8\-inch-thick low carbon steel, and \1/4\-
inch-thick plywood, bonded together in that order. Alternative 
construction materials described in the IME Safety Library Publication 
No. 22, ``Recommendations for the Safe Transportation of Detonators in 
a Vehicle with other Explosive Materials,'' (May 1993), and the 
``Generic Loading Guide for the IME-22 Container,'' (October 1993) may 
be used. These publications are [[Page 1871]] incorporated by reference 
and are available at MSHA, 4015 Wilson Boulevard, Room 728, Arlington, 
VA 22203 and at all Metal and Nonmetal Mine Safety and Health District 
Offices.
* * * * *
    12. Section 57.6133 is amended by revising paragraph (b) to read as 
follows:


Sec. 57.6133  Powder chests.

* * * * *
    (b) Detonators shall be kept in separate chests from explosives or 
blasting agents, unless separated by 4 inches of hardwood or 
equivalent. A compartment or container meeting the definition of a 
laminated partition may be used to separate detonators from explosives 
or blasting agents. When a laminated partition is used, the provisions 
of the IME Safety Library Publication No. 22 (May 1993) and the Generic 
Loading Guide for the IME-22 Container (October 1993) shall be 
followed. These publications are incorporated by reference and are 
available at MSHA, 4015 Wilson Boulevard, Room 728, Arlington, VA 22203 
and at all Metal and Nonmetal Mine Safety and Health District Offices.
    13. Section 57.6201 is amended by revising paragraphs (a)(2) and 
(b)(2) to read as follows:


Sec. 57.6201  Separation of transported explosive material.

* * * * *
    (a) * * *
    (2) Separated from explosives or blasting agents by 4 inches of 
hardwood or equivalent. The hardwood or equivalent shall be fastened to 
the vehicle or conveyance. A compartment or container meeting the 
definition of a laminated partition may be used to separate detonators 
from explosives or blasting agents. When a laminated partition is used, 
the provisions of the IME Safety Library Publication No. 22 (May 1993) 
and the Generic Loading Guide for the IME-22 Container (October 1993) 
shall be followed. These publications are incorporated by reference and 
are available at MSHA, 4015 Wilson Boulevard, Room 728, Arlington, VA 
22203 and at all Metal and Nonmetal Mine Safety and Health District 
Offices.
    (b) * * *
    (2) Separated from explosives or blasting agents by 4 inches of 
hardwood or equivalent. The hardwood or equivalent shall be fastened to 
the vehicle or conveyance. A compartment or container meeting the 
definition of a laminated partition may be used to separate detonators 
from explosives or blasting agents. When a laminated partition is used, 
the provisions of IME Safety Library Publication No. 22 (May 1993) and 
the Generic Loading Guide for the IME-22 Container (October 1993) shall 
be followed. These publications are incorporated by reference and are 
available at MSHA, 4015 Wilson Boulevard, Room 728, Arlington, VA 22203 
and at all Metal and Nonmetal Mine Safety and Health District Offices.
    14. Section 57.6302 is revised to read as follows:


Sec. 57.6302  Separation of explosive material.

    Explosives and blasting agents shall be kept separated from 
detonators until loading begins.
    15. Section 57.6306 is revised to read as follows:


Sec. 57.6306  Loading, blasting, and security.

    (a) When explosive materials or initiating systems are brought to 
the blast site, the area shall be barricaded and posted, or flagged 
against unauthorized entry.
    (b) Vehicles and equipment shall not be driven over explosive 
material or initiating systems in a manner which could contact the 
material or system, or create other hazards.
    (c) Once loading begins, the only activities permitted within the 
blast site shall be those activities directly related to the blasting 
operation and the activities of surveying, stemming, sampling of 
geology, and reopening of holes provided that reasonable care is 
exercised. Haulage activity is permitted near the base of the highwall 
being loaded, provided no other haulage access exists.
    (d)(1) Loading and firing of a blast shall be performed without 
undue interruption or delay. If loading is interrupted or firing is 
delayed for any reason, the mine shall be attended to prevent 
unauthorized entry to the blast site. Underground areas are secure 
against unauthorized entry if entrance to the mine is through vertical 
shafts. Inclined shafts or adits are secure when locked at the surface.
    (2) During the approach and progress of an electrical storm--
    (i) Persons preventing unauthorized entry to a surface blast site 
shall withdraw from the blast area to a safe location; and
    (ii) Persons preventing unauthorized entry to an underground blast 
site involving an electrical blasting operation that is capable of 
being initiated by lightning shall withdraw from the blast area to a 
safe location.
    (e) In electric blasting prior to connecting to the power source, 
and in nonelectric blasting prior to attaching an initiating device, 
all persons shall leave the blast area except persons in a blasting 
shelter or other location that protects them from concussion (shock 
wave), flying material, and gases.
    (f) Before firing a blast--
    (1) Ample warning shall be given to allow all persons to be 
evacuated;
    (2) Clear exit routes shall be provided for persons firing the 
round; and
    (3) All access routes to the blast area shall be guarded or 
barricaded to prevent the passage of persons or vehicles.
    (g) Work shall not be resumed in the blast area until a post-blast 
examination addressing potential blast-related hazards has been 
conducted by a person with the ability and experience to perform the 
examination.


Sec. 57.6313  [Removed]

    16. Section 57.6313 is removed.
    17. Section 57.6602 is amended by revising the introductory text to 
read as follows:


Sec. 57.6602  Static electricity dissipation during loading.

    When explosive material is loaded pneumatically into a blasthole in 
a manner that generates static electricity--
* * * * *
    18. Section 57.6905 is added to read as follows:


Sec. 57.6905  Explosive material protection and hang-up blasting.

    (a) Explosive material shall be protected from temperatures in 
excess of 150  deg.F.
    (b) Explosive material shall be protected from impact, except for 
tamping and dropping during loading.
    (c) Only detonating cord shall be used to initiate explosives 
placed in raises, chutes, and ore passes to free hang-ups.

[FR Doc. 95-16 Filed 1-4-95; 8:45 am]
BILLING CODE 4510-43-P