[Title 30 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2024 Edition]
[From the U.S. Government Publishing Office]

[[Page i]]

Title 30

Mineral Resources

________________________

Parts 1 to 199

Revised as of July 1, 2024

Containing a codification of documents of general
applicability and future effect

As of July 1, 2024
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

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[[Page iii]]

Table of Contents

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

Title 30:
Chapter I--Mine Safety and Health Administration,
Department of Labor 3
Finding Aids:
Table of CFR Titles and Chapters........................ 793
Alphabetical List of Agencies Appearing in the CFR...... 813
List of CFR Sections Affected........................... 823

[[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
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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
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HOW TO USE THE CODE OF FEDERAL REGULATIONS

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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
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Code users may find the text of provisions in effect on any given date
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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
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INCORPORATION BY REFERENCE

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This material, like any other properly issued regulation, has the force
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What is a proper incorporation by reference? The Director of the
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(a) The incorporation will substantially reduce the volume of
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(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
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An index to the text of ``Title 3--The President'' is carried within
that volume.

[[Page vii]]

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Oliver A. Potts,
Director,
Office of the Federal Register
July 1, 2024

[[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, 2024.

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................ 344
58 Health standards for metal and nonmetal
mines................................... 448
SUBCHAPTER L [RESERVED]
SUBCHAPTER M--UNIFORM MINE HEALTH REGULATIONS
60 Respirable crystalline silica............... 449

[[Page 5]]

62 Occupational noise exposure................. 453
SUBCHAPTER N [RESERVED]
SUBCHAPTER O--COAL MINE SAFETY AND HEALTH
70 Mandatory health standards--underground coal
mines................................... 462
71 Mandatory health standards--surface coal
mines and surface work areas of
underground coal mines.................. 480
72 Health standards for coal mines............. 499
74 Coal mine dust sampling devices............. 504
75 Mandatory safety standards--underground coal
mines................................... 514
77 Mandatory safety standards, surface coal
mines and surface work areas of
underground coal mines.................. 699
90 Mandatory health standards--coal miners who
have evidence of the development of
pneumoconiosis.......................... 756
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........... 774
101-103

[Reserved]

SUBCHAPTER Q--PATTERN OF VIOLATIONS
104 Pattern of violations....................... 788
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 that share leads (electric conductors)

[[Page 20]]

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).
(5) Inside diameter, configuration, and average wall thickness.

[[Page 21]]

(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.
(5) Set the methane-fueled impinged jet burner to yield a flame
height of 12

[[Page 22]]

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.

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

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[GRAPHIC] [TIFF OMITTED] TC22OC91.005

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[GRAPHIC] [TIFF OMITTED] TC22OC91.006

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[GRAPHIC] [TIFF OMITTED] TC22OC91.007

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[GRAPHIC] [TIFF OMITTED] TC22OC91.008

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[GRAPHIC] [TIFF OMITTED] TC22OC91.009

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[GRAPHIC] [TIFF OMITTED] TC22OC91.011

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[GRAPHIC] [TIFF OMITTED] TC22OC91.012

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[GRAPHIC] [TIFF OMITTED] TC22OC91.013

Subpart K_Electric Cables, Signaling Cables, and Cable Splice Kits

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

Sec. 7.401 Purpose and effective date.

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

Sec. 7.402 Definitions.

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

[[Page 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, NO) under any conditions of engine operation
prescribed by MSHA when the intake air mixture to the engine contains
1.5 20.1 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 (CO).
0.005 percent, by volume, of carbon monoxide (CO).
0.00125 percent, by volume, of oxides of nitrogen (calculated as
equivalent nitrogen dioxide, NO).

The oxygen (O) 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.

222
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:

Western Regional Manager

Educational Field Services, P.O. Box 25367, Denver, CO 80225-0367,
Telephone: (303) 231-5434, FAX: (304) 231-5474, E-mail:

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

EFS__EAST@MSHA.GOVEFS__WEST@MSHA.GOV
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.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23641, May 28, 1982]

Sec. 48.25 Training of new miners; minimum courses of instruction;
hours of instruction.

(a) Each new miner shall receive no less than 24 hours of training
as prescribed in this section. Except as otherwise provided in this
paragraph, new miners shall receive this training before they are
assigned to work duties. At the discretion of the District Manager, new
miners may receive a portion of this training after assignment to

[[Page 255]]

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 such tasks, the mandatory health and safety standards
pertinent to such

[[Page 256]]

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 mine environment, causes
of specific accidents at the mine, and instruction

[[Page 257]]

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, operation of the machine or equipment and the performance
of work duties.

[[Page 258]]

(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.
(11) Such other courses as may be required by the District Manager
based

[[Page 259]]

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 have received the instruction
required by this section.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23641, May 28, 1982]

[[Page 260]]

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 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

[[Page 261]]

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:
(1) The individual circumstances of the small and remote mine;
(2) Comments submitted by, or on behalf of, any affected miner; and

[[Page 262]]

(3) Whether the alternative mine rescue plan provides a suitable
rescue capability at the operator's mine.
(f) Where alternative compliance is approved by MSHA, the operator
shall adopt the alternative plan and post a copy of the approved plan
(with appropriate MSHA mine emergency telephone numbers) at the mine for
the miners' information. Where a miners' representative has been
designated, the operator shall also provide the representative with a
copy of the approved plan.
(g) The operator shall notify the District Manager of any changed
condition or factor materially affecting information submitted in the
application for alternative mine rescue capability.
(h)(1) An approved plan for alternative mine rescue capability shall
be subject to revocation or modification for cause by MSHA, where it is
determined that a condition or factor has changed which would materially
alter the operator's mine rescue capability. If such action is
contemplated, the operator will be notified, and given an opportunity to
be heard before the appropriate District Manager.
(2) If an application for alternative compliance is denied or
revoked, the District Manager shall provide the reason for such denial
or revocation in writing to the operator. The operator may appeal this
decision in writing to the Administrator for Metal and Nonmetal Mine
Safety and Health, 201 12th Street South, Arlington, VA 22202-5452.

[45 FR 47002, July 11, 1980, as amended at 67 FR 38385, June 4, 2002; 80
FR 52986, Sept. 2, 2015]

Sec. 49.4 Alternative mine rescue capability for special mining conditions.

(a) If an underground mine is operating under special mining
conditions, the operator may provide an alternative mine rescue
capability.
(b) An application for alternative mine rescue capability shall be
submitted to the District Manager for the district in which the mine is
located for review and approval.
(c) To be considered ``operating under special mining conditions,''
the operator must show that all of the following conditions are present:
(1) The mine has multiple adits or entries;
(2) The mined substance is noncombustible and the mining atmosphere
nonexplosive;
(3) There are multiple vehicular openings to all active mine areas,
sufficient to allow fire and rescue vehicles full access to all parts of
the mine in which miners work or travel;
(4) Roadways or other openings are not supported or lined with
combustible materials;
(5) The mine shall not have a history of flammable-gas emission or
accumulation, and the mined substance shall not have a history
associated with flammable or toxic gas problems; and
(6) Any reported gas or oil well or exploratory drill hole shall be
plugged to within 100 feet above and below the horizon of the ore body
or seam.
(d) Each application shall contain:
(1) An explanation of the special mining conditions;
(2) The number of miners employed underground at the mine on each
shift;
(3) The distances from the two nearest mine rescue stations;
(4) The operator's mine fire history;
(5) The operator's established escape and evacuation plan;
(6) The operator's alternative plan for assuring that a suitable
mine rescue capability is provided at all times when miners are
underground; and
(7) Other relevant information about the operator's mine which may
be requested by the District Manager.
(e) A copy of the operator's application shall be posted at the
mine. Where a miners' representative has been designated, the operator
shall also provide the representative with a copy of the application.
(f) In determining whether to approve an application for alternative
compliance, the District Manager shall consider:
(1) The individual circumstances of the mine operating under special
mining conditions;
(2) Comments submitted by, or on behalf of, any affected miner; and
(3) Whether the alternative mine rescue plan provides a suitable
rescue capability at the operator's mine.
(g) Where alternative compliance is approved by MSHA the operator
shall

[[Page 263]]

adopt the alternative plan and post a copy of the approved plan (with
appropriate MSHA mine emergency telephone numbers) at the mine for the
miners' information. Where a miners' representative has been designated,
the operator shall also provide the representative with a copy of the
alternative plan.
(h) The operator shall notify the District Manager of any changed
condition or factor materially affecting information submitted in the
application for alternative mine rescue capability.
(i)(1) An approved plan for alternative mine rescue capability shall
be subject be to revocation or modification by MSHA, where it is
determined that a condition or factor has changed which would materially
alter the operator's mine rescue capability. If such action is
contemplated, the operator will be notified and given an opportunity to
be heard before the appropriate District Manager.
(2) If an application for alternative compliance is denied or
revoked, the District Manager shall provide the reason for such denial
or revocation in writing to the operator. The operator may appeal this
decision in writing to the Administrator for Metal and Nonmetal Mine
Safety and Health, 201 12th Street South, Arlington, VA 22202-5452.

[45 FR 47002, July 11, 1980, as amended at 67 FR 38385, June 4, 2002; 80
FR 52986, Sept. 2, 2015]

Sec. 49.5 Mine rescue station.

(a) Except where alternative compliance is permitted, every operator
of an underground mine shall designate, in advance, the location of the
mine rescue station serving the mine.
(b) Mine rescue stations are to provide a centralized storage
location for rescue equipment. This centralized storage location may be
either at the mine site, affiliated mines, or a separate mine rescue
structure.
(c) Mine rescue stations shall provide a proper storage environment
to assure equipment readiness for immediate use.
(d) Authorized representatives of the Secretary shall have the right
of entry to inspect any designated mine rescue station.

Sec. 49.6 Equipment and maintenance requirements.

(a) Each mine rescue station shall be provided with at least the
following equipment:
(1) Twelve self-contained breathing apparatus, each with a minimum
of 4 hours capacity (approved by MSHA and NIOSH under 42 CFR Part 84,
Subpart H), and any necessary equipment for testing such breathing
apparatus;
(2) A portable supply of liquid air, liquid oxygen, pressurized
oxygen, or oxygen generating chemicals, and carbon dioxide absorbent
chemicals, applicable to the supplied breathing apparatus and sufficient
to sustain each team for eight hours while using the breathing apparatus
during rescue operations.
(3) Two extra, fully-charged oxygen bottles for every six self-
contained breathing apparatus;
(4) One oxygen pump or a cascading system, compatible with the
supplied breathing apparatus;
(5) Twelve permissible cap lamps and a charging rack;
(6) Four gas detectors appropriate for each type of gas that may be
encountered at the mines served. Gas detectors must measure
concentrations of methane from 0.0 percent to 100 percent of volume,
oxygen from 0.0 percent to at least 20 percent of volume, and carbon
monoxide from 0.0 parts per million to at least 9,999 parts per million.
(7) [Reserved]
(8) One portable mine rescue communication system (approved under
part 23 of this title) or a sound-powered communication system.
(i) The wires or cable to the communication system shall be of
sufficient tensile strength to be used as a manual communication system.
(ii) These communication systems shall be at least 1,000 feet in
length.
(9) Necessary spare parts and tools for repairing the breathing
apparatus and communication system.
(b) Mine rescue apparatus and equipment shall be maintained in a
manner that will ensure readiness for immediate use.
(1) A person trained in the use and care of breathing apparatus
shall inspect and test the apparatus at intervals not exceeding 30 days
and shall

[[Page 264]]

certify by signature and date that the inspections and tests were done.
(2) When the inspection indicates that a corrective action is
necessary, the corrective action shall be made and the person shall
record the corrective action taken.
(3) The certification and the record of corrective action shall be
maintained at the mine rescue station for a period of one year and made
available on request to an authorized representative of the Secretary.

[73 FR 53123, Sept. 15, 2008]

Sec. 49.7 Physical requirements for mine rescue team.

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

Sec. 49.8 Training for mine rescue teams.

[[Page 265]]

specific courses, based on their qualifications and teaching experience.
Previously approved instructors need not be re-designated to teach the
approved courses as long as they have taught those courses within the 24
months prior to the effective date of this part. Where individuals are
designated, the District Manager may waive the underground experience
requirement.
(e) The District Manager may revoke an instructor's approval for
good cause. A written statement revoking the approval together with
reasons for revocation shall be provided the instructor. The affected
instructor may appeal the decision of the District Manager by writing to
the Administrator for Metal and Nonmetal Mine Safety and Health, MSHA,
201 12th Street South, Arlington, VA 22202-5452. The Administrator shall
issue a decision on the appeal.
(f) Upon request from the District Manager, the operator shall
provide information concerning the schedule of upcoming training.
(g) A record of training of each team member shall be on file at the
mine rescue station for a period of one year.

[45 FR 47002, July 11, 1980, as amended at 47 FR 23641, May 28, 1982; 47
FR 28095, June 29, 1982; 67 FR 38385, June 4, 2002; 80 FR 52986, Sept.
2, 2015]

Sec. 49.9 Mine emergency notification plan.

(a) Each underground mine shall have a mine rescue notification plan
outlining the procedures to follow in notifying the mine rescue teams
when there is an emergency that requires their services.
(b) A copy of the mine rescue notification plan shall be posted at
the mine for the miners' information. Where a miners' representative has
been designated, the operator shall also provide the representative with
a copy of the plan.

Subpart B_Mine Rescue Teams for Underground Coal Mines

Source: 73 FR 7648, Feb. 8, 2008, unless otherwise noted.

Sec. 49.11 Purpose and scope.

(a) This subpart implements the provisions of section 115(e) of the
Federal Mine Safety and Health Act of 1977, as amended by the Mine
Improvement and New Emergency Response (MINER) Act of 2006. Every
operator of an underground coal mine shall assure the availability of
mine rescue capability for purposes of emergency rescue and recovery.
(b) The following Table 49.11 summarizes the new requirements for
mine rescue teams contained in section 4 of the MINER Act.

Table 49.11--Summary of New Miner Act Requirements for Underground Coal Mine Operators and Mine Rescue Teams
----------------------------------------------------------------------------------------------------------------
Type of mine rescue team
Requirement -------------------------------------------------------------------------------
Mine-site Composite Contract State- sponsored
----------------------------------------------------------------------------------------------------------------
Team members must participate at YES............... YES............... YES............... YES.
least annually in two local
mine rescue contests.
----------------------------------------------------------------------------------------------------------------
Team members must participate in Annually at Large Semi-annually..... Quarterly at Large Annually at Large
mine rescue training at each Mines; Semi- Mines; Semi- Mines; Semi-
mine covered by the mine rescue annually at Small annually at Small annually at Small
team. A portion of the training Mines. Mines. Mines.
must be conducted underground.
----------------------------------------------------------------------------------------------------------------
Team must be available at the YES............... YES............... YES............... YES.
mine within 1 hour ground
travel time from the mine
rescue station.
----------------------------------------------------------------------------------------------------------------
Team members must be YES............... YES............... YES............... YES.
knowledgeable about the
operations and ventilation of
each covered mine.
----------------------------------------------------------------------------------------------------------------

[[Page 266]]

Team must include at least two YES
active employees from each
covered large mine and at least
one active employee from each
covered small mine.
Team must be comprised of YES ..................
persons with a minimum of 3
years underground coal mine
experience that shall have
occurred within the 10-year
period preceding their
employment on the contract mine
rescue team.
All mine operators must provide for two certified mine rescue teams. Large mine operators shall provide one team
that is either an individual mine-site mine rescue team or a composite team.
----------------------------------------------------------------------------------------------------------------
Team members of State-sponsored teams who are full-time State employees whose primary job duties include (1)
inspecting underground mines for compliance with State safety laws or (2) training mine rescue teams or (3)
other similar duties that would enhance their mine rescue knowledge may substitute their regular job
experience for 50 percent of the training requirements for non-State employee mine rescue team members, except
these team members must participate in two local mine rescue contests and train at the covered mine in
accordance with Sec. 49.20(b).

[73 FR 7648, Feb. 8, 2008, as amended at 74 FR 28608, June 17, 2009]

Sec. 49.12 Availability of mine rescue teams.

(a) Except where alternative compliance is permitted for small and
remote mines (Sec. 49.13), 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. Mine rescue teams for anthracite coal
mines, which have no electrical equipment at the face or working
section, shall consist of at least three members per team and one
alternate that may be shared between both teams.
(c) To be considered for membership on a mine rescue team, each
person must have been employed in an underground mine for a minimum of 1
year within the past 5 years, except that members of contract mine
rescue teams shall have a minimum of 3 years underground coal mine
experience that shall have occurred within the 10-year period preceding
their employment on the contract mine rescue team. 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 February 8, 2008.
(d) Each operator shall arrange, in advance, ground transportation
for rescue teams and equipment to the mine or mines served.
(e) 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) No mine served by a mine rescue team shall be located more than
1 hour ground travel time from the mine rescue station with which the
rescue team is associated.
(g) As used in this subpart, mine rescue teams shall be considered
available where teams are capable of 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

[[Page 267]]

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

[[Page 268]]

may appeal this decision in writing to the Administrator for Coal Mine
Safety and Health.

Sec. 49.14 [Reserved]

Sec. 49.15 Mine rescue station.

(a) Every operator of an underground mine shall designate, in
advance, the location of the mine rescue station serving the mine.
(b) Mine rescue stations are to provide a centralized storage
location for rescue equipment. This centralized storage location may be
either at the mine site, affiliated mines, or a separate mine rescue
structure.
(c) Mine rescue stations shall provide a proper storage environment
to assure equipment readiness for immediate use.
(d) Authorized representatives of the Secretary shall have the right
of entry to inspect any designated mine rescue station.

Sec. 49.16 Equipment and maintenance requirements.

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

[73 FR 53123, Sept. 15, 2008]

Sec. 49.17 Physical requirements for mine rescue team.

[[Page 269]]

team member requiring corrective eyeglasses will not be disqualified
provided the eyeglasses can be worn securely within an approved
facepiece.
(b) In determining whether a miner is physically capable of
performing mine rescue duties, the physician shall take the following
conditions into consideration:
(1) Seizure disorder;
(2) Perforated eardrum;
(3) Hearing loss without a hearing aid greater than 40 decibels at
400, 1000, and 2000 Hz;
(4) Repeated blood pressure (controlled or uncontrolled by
medication) reading which exceeds 160 systolic, or 100 diastolic, or
which is less than 105 systolic, or 60 diastolic;
(5) Distant visual acuity (without glasses) less than 20/50 Snellen
scale in one eye, and 20/70 in the other;
(6) Heart disease;
(7) Hernia;
(8) Absence of a limb or hand; or
(9) Any other condition which the examining physician determines is
relevant to the question of whether the miner is fit for rescue team
service.
(c) The operator shall have MSHA Form 5000-3 (available at http://
www.msha.gov) certifying medical fitness completed and signed by the
examining physician for each member of a mine rescue team. These forms
shall be kept on file at the mine rescue station for a period of 1 year.

Sec. 49.18 Training for mine rescue teams.

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

[[Page 270]]

(f) Upon request from the District Manager, the operator shall
provide information concerning the schedule of upcoming training.
(g) A record of training of each team member shall be on file at the
mine rescue station for a period of 1 year.

Sec. 49.19 Mine emergency notification plan.

Sec. 49.20 Requirements for all coal mines.

(a) The operator of each underground coal mine shall make available
two certified mine rescue teams whose members--
(1) Are familiar with the operations of the mine, and
(2) Participate at least annually in two local mine rescue contests.
(b) Team members shall meet the following:
(1) Mine-site team. Members who work at the mine and participate in
mine rescue training at the mine at least annually at large mines and at
least semi-annually at small mines.
(2) Composite team. A mine rescue team that covers multiple mines
and whose members--
(i) Include at least two members from each covered large mine and at
least one member from each covered small mine,
(ii) Are knowledgeable about the operations and ventilation of each
covered underground coal mine, and
(iii) Participate in mine rescue training at each covered mine at
least semi-annually.
(3) Contract team. A mine rescue team that is provided by an
arrangement with another coal mine or with a third party and whose
members--
(i) Are knowledgeable about the operations and ventilation of each
covered underground coal mine, and
(ii) Participate in mine rescue training at each covered large mine
at least quarterly and at each covered small mine at least semi-
annually.
(4) State-sponsored team. Members who are state employees and
participate in mine rescue training at each covered mine at least
annually at large mines and at least semi-annually at small mines.
(c) For the purpose of mine rescue team membership, a member
employed by an operator of multiple mines is considered to be an
employee of each mine at which the member regularly works.
(d) For the purpose of mine rescue team training at each covered
mine, a portion of the training must be conducted underground.

[73 FR 7648, Feb. 8, 2008, as amended at 74 FR 28609, June 17, 2009]

Sec. 49.30 Requirements for small coal mines.

At mines with 36 or fewer underground employees, mine rescue team
members shall be knowledgeable about the operations and ventilation of
each covered mine.

Sec. 49.40 Requirements for large coal mines.

At mines with more than 36 underground employees, one of the two
certified mine rescue teams shall be an individual mine-site team or a
composite team.

Sec. 49.50 Certification of coal mine rescue teams.

(a) For each mine rescue team designated to provide mine rescue
coverage at an underground coal mine, the mine operator shall send the
District Manager an annual statement certifying that each team meets the
requirements of this subpart as listed in the following Table 49.50-A
and Table 49.50-B.
(b) The operator shall notify the District Manager within 60 days of
any change in team membership.

[[Page 271]]

Table 49.50-A--Initial Criteria To Certify the Qualifications of Mine
Rescue Teams
------------------------------------------------------------------------
Qualification Criteria (30 CFR)
------------------------------------------------------------------------
(1) Team is available at all times when 49.12(a); 49.12(g)
miners are underground.
(2) Except where alternative compliance is 49.12(b)
permitted, team has five members and one
alternate.
(3) Members have experience working in an 49.12(c)
underground coal mine.
(4) Team is available within 1-hour ground 49.12(f)
travel time from the mine rescue station
to the mine.
(5) Appropriate mine rescue equipment is 49.16
provided, inspected, tested, and
maintained.
(6) Members are physically fit............. 49.17
(7) Members have completed initial training 49.18(a)
------------------------------------------------------------------------

Table 49.50-B--Annual Criteria To Maintain Mine Rescue Team
Certification
------------------------------------------------------------------------
Qualification Criteria (30 CFR)
------------------------------------------------------------------------
(1) Members are properly trained annually.. 49.18(b)
(2) Members are familiar with the 49.20(a)(1)
operations of each covered mine.
(3) Members participate in at least two 49.20(a)(2)
local mine rescue contests annually.
Judges certify results.
(4) Members participate in mine rescue 49.20(b)(1);
training at each covered mine. 49.20(b)(2)(iii);
49.20(b)(3)(ii);
49.20(b)(4)
(5) Members are knowledgeable about the 49.20(b)(2)(ii);
operations and ventilation of each covered 49.20(b)(3)(i); 49.30
mine.
------------------------------------------------------------------------

Sec. 49.60 Requirements for a local mine rescue contest.

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

[[Page 272]]

Sec. Appendix to Subpart B of Part 49--Optional Form for Certifying Mine
Rescue Teams
[GRAPHIC] [TIFF OMITTED] TR08FE08.000

[[Page 273]]

[GRAPHIC] [TIFF OMITTED] TR08FE08.001

[[Page 274]]

SUBCHAPTER I_ACCIDENTS, INJURIES, ILLNESSES, EMPLOYMENT, AND PRODUCTION
IN MINES

PART 50_NOTIFICATION, INVESTIGATION, REPORTS AND RECORDS OF ACCIDENTS,
INJURIES, ILLNESSES, EMPLOYMENT, AND COAL PRODUCTION IN MINES--
Table of Contents

Subpart A_General

Sec.
50.1 Purpose and scope.
50.2 Definitions.

Subpart B_Notification, Investigation, Preservation of Evidence

50.10 Immediate notification.
50.11 Investigation.
50.12 Preservation of evidence.

Subpart C_Reporting of Accidents, Injuries, and Illnesses

50.20 Preparation and submission of MSHA Report Form 7000-1--Mine
Accident, Injury, and Illness Report.
50.20-1 General instructions for completing MSHA Form 7000-1.
50.20-2 Criteria--``Transfer to another job''.
50.20-3 Criteria--Differences between medical treatment and first aid.
50.20-4 Criteria--MSHA Form 7000-1, Section A.
50.20-5 Criteria--MSHA Form 7000-1, Section B.
50.20-6 Criteria--MSHA Form 7000-1, Section C.
50.20-7 Criteria--MSHA Form 7000-1, Section D.

Subpart D_Quarterly Employment and Coal Production Report

50.30 Preparation and submission of MSHA Form 7000-2--Quarterly
Employment and Coal Production Report.
50.30-1 General instructions for completing MSHA Form 7000-2.

Subpart E_Maintenance of Records; Verification of Information

50.40 Maintenance of records.
50.41 Verification of reports.

Authority: 29 U.S.C. 557(a); 30 U.S.C. 811, 813(j), 951, 957, 961.

Source: 42 FR 65535, Dec. 30, 1977, unless otherwise noted.

Subpart A_General

Sec. 50.1 Purpose and scope.

This part 50 implements sections 103(e) and 111 of the Federal Coal
Mine Health and Safety Act of 1969, 30 U.S.C. 801 et seq., and sections
4 and 13 of the Federal Metal and Nonmetallic Mine Safety Act, 30 U.S.C.
721 et seq., and applies to operators of coal, metal, and nonmetallic
mines. It requires operators to immediately notify the Mine Safety and
Health Administration (MSHA) of accidents, requires operators to
investigate accidents, and restricts disturbance of accident related
areas. This part also requires operators to file reports pertaining to
accidents, occupational injuries and occupational illnesses, as well as
employment and coal production data, with MSHA, and requires operators
to maintain copies of reports at relevant mine offices. The purpose of
this part is to implement MSHA's authority to investigate, and to obtain
and utilize information pertaining to, accidents, injuries, and
illnesses occurring or originating in mines. In utilizing information
received under part 50, MSHA will develop rates of injury occurrence
(incident rates or IR), on the basis of 200,000 hours of employee
exposure (equivalent to 100 employees working 2,000 hours per year). The
incidence rate for a particular injury category will be based on the
formula:

IR = (number of cases x 200,000) divided by hours of employee exposure.

MSHA will develop data respecting injury severity using days away from
work or days of restricted work activity and the 200,000 hour base as
criteria. The severity measure (SM) for a particular injury category
will be based on the formula:

SM = (sum of days x 200,000) divided by hours of employee exposure.

[42 FR 65535, Dec. 30, 1977; 43 FR 1617, Jan. 11, 1978, as amended at 43
FR 12318, Mar. 24, 1978; 71 FR 16666, Apr. 3, 2006]

[[Page 275]]

Sec. 50.2 Definitions.

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

[42 FR 65535, Dec. 30, 1977; 43 FR 1617, Jan. 11, 1978, as amended at 43
FR 12318, Mar. 24, 1978; 69 FR 26499, May 13, 2004; 71 FR 71452, Dec. 8,
2006]

Subpart B_Notification, Investigation, Preservation of Evidence

Sec. 50.10 Immediate notification.

The operator shall immediately contact MSHA at once without delay
and

[[Page 276]]

within 15 minutes at the toll-free number, 1-800-746-1553, once the
operator knows or should know that an accident has occurred involving:
(a) A death of an individual at the mine;
(b) An injury of an individual at the mine which has a reasonable
potential to cause death;
(c) An entrapment of an individual at the mine which has a
reasonable potential to cause death; or
(d) Any other accident.

[74 FR 68919, Dec. 29, 2009]

Sec. 50.11 Investigation.

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

[42 FR 65535, Dec. 30, 1977, as amended at 69 FR 26499, May 13, 2004]

Sec. 50.12 Preservation of evidence.

Unless granted permission by a MSHA District Manager, no operator
may alter an accident site or an accident related area until completion
of all investigations pertaining to the accident except to the extent
necessary to rescue or recover an individual, prevent or eliminate an
imminent danger, or prevent destruction of mining equipment.

[42 FR 65535, Dec. 30, 1977; 43 FR 1617, Jan. 11, 1978, as amended at 69
FR 26499, May 13, 2004]

Subpart C_Reporting of Accidents, Injuries, and Illnesses

Sec. 50.20 Preparation and submission of MSHA Report Form 7000-1--
Mine Accident, Injury, and Illness Report.

(a) Each operator shall maintain at the mine office a supply of MSHA
Mine Accident, Injury, and Illness Report Form 7000-1. These may be
obtained from the MSHA District Office. Each operator shall report each
accident, occupational injury, or occupational illness at the mine. The
principal officer in charge of health and safety at the mine or the
supervisor of the mine area in which an accident or occupational injury
occurs, or an occupational illness may have originated, shall complete
or review the form in accordance with the instructions and criteria in
Sec. Sec. 50.20-1 through 50.20-7. If an occupational illness is
diagnosed as being one of those listed in Sec. 50.20-6(b)(7), the
operator must report it under this part. The operator shall mail
completed forms to MSHA within ten working days after an accident or
occupational injury occurs or an occupational illness is diagnosed. When
an accident specified in Sec. 50.10 occurs, which does not involve an
occupational injury, sections

[[Page 277]]

A, B, and items 5 through 12 of section C of Form 7000-1 shall be
completed and mailed to MSHA in accordance with the instructions in
Sec. 50.20-1 and criteria contained in Sec. Sec. 50.20-4 through
50.20-6.
(b) Each operator shall report each occupational injury or
occupational illness on one set of forms. If more than one miner is
injured in the same accident or is affected simultaneously with the same
occupational illness, an operator shall complete a separate set of forms
for each miner affected. To the extent that the form is not self-
explanatory, an operator shall complete the form in accordance with the
instructions in Sec. 50.20-1 and criteria contained in Sec. Sec.
50.20-2 through 50.20-7.

(Secs. 103 (a) and (h), and 508, Pub. L. 91-173, as amended by Pub. L.
95-164, 91 Stat. 1297, 1299, 83 Stat. 803 (30 U.S.C. 801, 813, 957))

[42 FR 65535, Dec. 30, 1977, as amended at 44 FR 52828, Sept. 11, 1979;
60 FR 35695, July 11, 1995; 69 FR 26499, May 13, 2004]

Sec. 50.20-1 General instructions for completing MSHA Form 7000-1.

Each Form 7000-1 consists of four sheets, an original and three
copies. The original form shall be mailed to: MSHA Office of Injury and
Employment Information, P.O. Box 25367, Denver Federal Center, Denver,
Colo. 80225, within ten working days after an accident, occupational
injury or occupational illness. At the same time, the first copy shall
be mailed to the appropriate local MSHA district office. If the first
copy does not contain a completed Section D--Return to Duty
Information--the second copy shall be retained by the operator until the
miner returns to work or a final disposition is made respecting the
miner. When the miner returns to work or a final disposition is made,
the operator shall, within five days, complete Section D and mail the
second copy to the MSHA Office of Injury and Employment Information at
the above address. A third copy, containing all the information in the
first and second copies shall be retained at the mine office closest to
the mine for a period of five years. You may also submit reports by
facsimile, 888-231-5515. To file electronically, follow the instructions
on MSHA Internet site, http://www.msha.gov. For assistance in electronic
filing, contact the MSHA help desk at 877-778-6055.

[42 FR 65535, Dec. 30, 1977; 43 FR 1617, Jan. 11, 1978; 60 FR 35695,
July 11, 1995, as amended at 69 FR 26499, May 13, 2004; 71 FR 16666,
Apr. 3, 2006]

Sec. 50.20-2 Criteria--``Transfer to another job.''

``Transfer to another job'' means transfers, either temporary, or
permanent, which are occasioned by a work-related injury or illness.
Permanent or temporary transfers to remove miners from further exposure
to health hazards are considered preventative in nature and are not
required to be reported. Controlling the amount of exposure to radiation
during some period of time is one example. Transfer of a coal miner to a
less dusty area of a mine when the miner elects to exercise rights under
Section 203(b) of the Federal Coal Mine Health and Safety Act of 1969 is
another example.

Sec. 50.20-3 Criteria--Differences between medical treatment and first aid.

(a) Medical treatment includes, but is not limited to, the suturing
of any wound, treatment of fractures, application of a cast or other
professional means of immobilizing an injured part of the body,
treatment of infection arising out of an injury, treatment of bruise by
the drainage of blood, surgical removal of dead or damaged skin
(debridement), amputation or permanent loss of use of any part of the
body, treatment of second and third degree burns. Procedures which are
diagnostic in nature are not considered by themselves to constitute
medical treatments. Visits to a physician, physical examinations, X-ray
examinations, and hospitalization for observations, where no evidence of
injury or illness is found and no medical treatment given, do not in
themselves constitute medical treatment. Procedures which are preventive
in nature also are not considered by themselves to constitute medical
treatment. Tetanus and flu shots are considered preventative in nature.
First aid includes any one-time treatment, and follow-up visit for the
purpose of observation, of minor injuries such as, cuts, scratches,
first degree

[[Page 278]]

burns and splinters. Ointments, salves, antiseptics, and dressings to
minor injuries are considered to be first aid.
(1) Abrasion. (i) First aid treatment is limited to cleaning a
wound, soaking, applying antiseptic and nonprescription medication and
bandages on the first visit and follow-up visits limited to observation
including changing dressing and bandages. Additional cleaning and
application of antiseptic constitutes first aid where it is required by
work duties that soil the bandage.
(ii) Medical treatment includes examination for removal of imbedded
foreign material, multiple soakings, whirlpool treatment, treatment of
infection, or other professional treatments and any treatment involving
more than a minor spot-type injury. Treatment of abrasions occurring to
greater than full skin depth is considered medical treatment.
(2) Bruises. (i) First aid treatment is limited to a single soaking
or application of cold compresses, and follow-up visits if they are
limited only to observation.
(ii) Medical treatment includes multiple soakings, draining of
collected blood, or other treatment beyond observation.
(3) Burns, Thermal and Chemical (resulting in destruction of tissue
by direct contact). (i) First aid treatment is limited to cleaning or
flushing the surface, soaking, applying cold compresses, antiseptics or
nonprescription medications, and bandaging on the first visit, and
follow-up visits restricted to observation, changing bandages, or
additional cleaning. Most first degree burns are amenable to first aid
treatment.
(ii) Medical treatment includes a series of treatments including
soaks, whirlpool, skin grafts, and surgical debridement (cutting away
dead skin). Most second and third degree burns require medical
treatment.
(4) Cuts and Lacerations. (i) First aid treatment is the same as for
abrasions except the application of butterfly closures for cosmetic
purposes only can be considered first aid.
(ii) Medical treatment includes the application of butterfly
closures for non-cosmetic purposes, sutures, (stitches), surgical
debridement, treatment of infection, or other professional treatment.
(5) Eye Injuries. (i) First aid treatment is limited to irrigation,
removal of foreign material not imbedded in eye, and application of
nonprescription medications. A precautionary visit (special examination)
to a physician is considered as first aid if treatment is limited to
above items, and follow-up visits if they are limited to observation
only.
(ii) Medical treatment cases involve removal of imbedded foreign
objects, use of prescription medications, or other professional
treatment.
(6) Inhalation of Toxic or Corrosive Gases. (i) First aid treatment
is limited to removal of the miner to fresh air or the one-time
administration of oxygen for several minutes.
(ii) Medical treatment consists of any professional treatment beyond
that mentioned under first aid and all cases involving loss of
consciousness.
(7) Foreign Objects. (i) First aid treatment is limited to cleaning
the wound, removal of any foreign object by tweezers or other simple
techniques, application of antiseptics and nonprescription medications,
and bandaging on the first visit. Follow-up visits are limited to
observation including changing of bandages. Additional cleaning and
applications of antiseptic constitute first aid where it is required by
work duties that soil the bandage.
(ii) Medical treatment consists of removal of any foreign object by
physician due to depth of imbedment, size or shape of object, or
location of wound. Treatment for infection, treatment of a reaction to
tetanus booster, or other professional treatment, is considered medical
treatment.
(8) Sprains and Strains. (i) First aid treatment is limited to
soaking, application of cold compresses, and use of elastic bandages on
the first visit. Follow-up visits for observation, including reapplying
bandage, are first aid.
(ii) Medical treatment includes a series of hot and cold soaks, use
of whirlpools, diathermy treatment, or other professional treatment.

[42 FR 65535, Dec. 30, 1977; 43 FR 12318, Mar. 24, 1978]

[[Page 279]]

Sec. 50.20-4 Criteria--MSHA Form 7000-1, Section A.

(a) MSHA I.D. number. Enter the seven digit number assigned to the
mine operation by MSHA. If the number is unknown, the nearest MSHA
District Office should be contacted.
(b) Mine name. Enter the exact name of the operation to which the
MSHA I.D. number was assigned.
(c) Company name. Enter the name of the mining company submitting
this report or, if not a company, the operator's name.

[42 FR 65535, Dec. 30, 1977, as amended at 69 FR 26499, May 13, 2004]

Sec. 50.20-5 Criteria--MSHA Form 7000-1, Section B.

(a) This section shall be completed for all accidents immediately
reported to MSHA as defined in Sec. 50.10. Circle the code from the
following list which best defines the accident:

Code 01--A death of an individual at a mine;
Code 02--An injury to an individual at a mine which has a reasonable
potential to cause death;
Code 03--An entrapment of an individual for more than 30 minutes;
Code 04--An unplanned mine inundation by a liquid or gas;
Code 05--An unplanned ignition or explosion of dust or gas;
Code 06--An unplanned mine fire not extinguished within 30 minutes of
discovery;
Code 07--An unplanned ignition of a blasting agent or an explosive;
Code 08--An unplanned roof fall at or above the anchorage zone in active
workings where roof bolts are in use; or a roof or rib fall on active
workings that impairs ventilation or impedes passage;
Code 09--A coal or rock outburst that causes withdrawal of miners or
which disrupts regular mining activity for more than one hour;
Code 10--An unstable condition at an impoundment, refuse pile, or culm
bank which requires emergency action in order to prevent failure, or
which causes individuals to evacuate an area; or, failure of an
impoundment, refuse pile, or culm bank;
Code 11--Damage to hoisting equipment in a shaft or slope which
endangers an individual or which interferes with use of the equipment
for more than thirty minutes; and
Code 12--An event at a mine which causes death or bodily injury to an
individual not at the mine at the time the event occurs.

Sec. 50.20-6 Criteria--MSHA Form 7000-1, Section C.

(a) Complete items 5 through 12 for each accident, occupational
injury, or occupational illness.
(1) Item 5. Location and mining method. Circle the appropriate
location code that was nearest to the location of the accident injury or
illness. If the accident injury or illness occurred at the surface,
circle only the surface location code in column (a). If the accident
injury or illness occurred underground, circle only the underground
location code in column (b). Where applicable, circle the underground
mining method code in column (c). Applicable codes for columns (a), (b),
and (c) are as follows:
(i) Column (a)--Surface location codes. If the accident injury or
illness occurred at the surface of a mine, circle one of the following
codes which best describes where the accident injury or illness occurred
and ignore columns (b) and (c):

Code 02--Surface shop, yard, etc., at an underground mine;
Code 30--Mill operation, preparation plant, or breaker, including
associated shops and yards;
Code 03--Surface strip or open pit mine, including shop and yard;
Code 04--Surface auger coal operation on a coal mine, including shop and
yard;
Code 05--Surface culm bank or refuse pile at a coal mine, including shop
and yard;
Code 06--Dredge mining, including shop and yard;
Code 12--Other surface mining;
Code 17--Independent shops;
Code 99--Office facilities.

(ii) Column (b)--Underground location codes. If the accident injury
or illness occurred underground, circle the one code which best
describes where the accident injury or illness occurred:

Code 01--Vertical shaft;
Code 02--Slope/Inclined shaft;
Code 03--Face;
Code 04--Intersection;
Code 05--Underground Shop/Office;
Code 06--Other.

(iii) Column (c)--Underground mining method. If the underground
accident injury or illness occurred on a working section or working
place, enter the code for the mining method

[[Page 280]]

at that working section or working place:

Code 01--Longwall;
Code 02--Shortwall;
Code 03--Conventional/stoping;
Code 05--Continuous Miners;
Code 06--Hand Loading;
Code 07--Caving;
Code 08--Other.

(2) Item 6. Date of accident injury or illness. Enter the date the
accident injury or illness occurred.
(3) Item 9. Describe fully the conditions contributing to the
accident injury or illness and quantify the damage or impairment.
Describe what happened and the reasons therefor, identify the factors
which led or contributed to the accident, injury or illness and identify
any damage or impairment to the mining operation. The narrative shall
clearly specify the actual cause or causes of the accident injury or
illness and shall include the following:
(i) Whether the accident injury or illness involved any aspect of
compliance with rules and regulations;
(ii) Whether the accident injury or illness involved mine equipment
or the mining system;
(iii) Whether the accident injury or illness involved job skills and
miner proficiency, training and attitude; and
(iv) Whether the accident injury or illness involved protective
items relating to clothing, or protective devices on equipment.
(4) Item 10. If equipment was involved in the accident, injury or
illness specify type (loader, shuttle car, dozer, etc.), name of
manufacturer, and equipment model number.
(5) Item 11. Name of witness to accident injury or illness. If any
miner witnessed the accident injury or illness, enter the name.
(b) Complete items 13-27 for each occupational injury, or
occupational illness.
(1) Item 13. Name of injured/ill miner. Enter the miner's name
(first, middle initial, and last).
(2) Item 17. Regular job title. Enter the miner's regular job title.
For example: ``shuttle car operator''.
(3) Item 19. Check if this injury/illness resulted in permanent
total or partial disability.
(i) ``Permanent total disability.'' The classification for any
injury or illness other than death which permanently and totally
incapacitates an employee from following any gainful occupation or which
results in the loss, or the complete loss of use, of any of the
following in one accident injury or illness:
(A) Both eyes;
(B) One eye and one hand, or arm, or leg, or foot;
(C) Any two of the following not on the same limb: hand, arm, foot,
or leg.
(ii) ``Permanent partial disability.'' The classification for any
injury or illness other than death or permanent total disability which
results in the loss, or complete loss of use, of any member or part of a
member of the body, or any permanent impairment of functions of the body
or part thereof, regardless of any preexisting disability of the
affected member or impaired body function.
(4) Item 20. What directly inflicted injury or illness. Name the
object or substance which directly affected the miner. For example: the
machine or thing struck against or which struck the miner; the vapor or
poison inhaled or swallowed; the chemical or non-ionizing radiation
which irritated the skin; or in cases of strains or hernias, the thing
lifted or pulled.
(5) Item 21. Nature of injury or illness. For injuries, use commonly
used medical terms to answer this question such as puncture wound, third
degree burn, fracture, dislocation, amputation. For multiple injuries,
enter the injury which was the most serious. For illness, name the
illness, such as pneumoconiosis, silicosis. Avoid general terms such as
``hurt'', ``sore'', ``sick''.
(6) Item 22. Part of body injured or affected. Name the part of the
body with the most serious injury. For example, if an injured employee
has a bruised finger and a broken ankle, write ``ankle''. If amputation,
enter part of the body lost.
(7) Item 23. Occupational Illness. Circle the code from the list
below which most accurately describes the illness. These are typical
examples and are not to be considered the complete listing of the types
of illnesses and disorders

[[Page 281]]

that should be included under each category. In cases where the time of
onset of illness is in doubt, the day of diagnosis of illness will be
considered as the first day of illness.
(i) Code 21--Occupational Skin Diseases or Disorders. Examples:
Contact dermatitis, eczema, or rash caused by primary irritants and
sensitizers or poisonous plants; oil acne; chrome ulcers; chemical burns
or inflammations.
(ii) Code 22--Dust Diseases of the Lungs (Pneumoconioses). Examples:
Silicosis, asbestosis, coal worker's pneumoconiosis, and other
pneumoconioses.
(iii) Code 23--Respiratory Conditions due to Toxic Agents. Examples:
Pneumonitis, pharyngitis, rhinitis, or acute congestion due to
chemicals, dusts, gases, or fumes.
(iv) Code 24--Poisoning (Systemic Effects of Toxic Materials).
Examples: Poisoning by lead, mercury, cadmium, arsenic, or other metals,
poisoning by carbon monoxide, hydrogen sulfide or other gases; poisoning
by benzol, carbon tetrachloride, or other organic solvents; poisoning by
insecticide sprays such as parathion, lead arsenate; poisoning by other
chemicals such as formaldehyde, plastics and resins.
(v) Code 25--Disorders Due to Physical Agents (Other than Toxic
Materials). Examples: Heatstroke, sunstroke, heat exhaustion and other
effects of environmental heat; freezing, frostbite and effects of
exposure to low temperatures; caisson disease; effects of ionizing
radiation (radon daughters, non-medical, non-therapeutic X-rays,
radium); effects of nonionizing radiation (welding flash, ultra-violet
rays, micro-waves, sunburn).
(vi) Code 26--Disorders Associated with Repeated Trauma. Examples:
Noise-induced hearing loss; synovitis, tenosynovitis, and bursitis;
Raynaud's phenomena; and other conditions due to repeated motion,
vibration or pressure.
(vii) Code 29--All Other Occupational Illnesses. Examples:
Infectious hepatitis, malignant and benign tumors, any form of cancer,
kidney diseases, food poisoning, histoplasmosis.
(8) Item 24. Miner's work activity when injury or illness occurred.
Describe exactly the activity of the injured miner when the occupational
injury or occupational illness occurred. For example: ``Setting
temporary support prior to drilling holes for roof bolts.''

(Secs. 103 (a) and (h), and 508, Pub. L. 91-173, as amended by Pub. L.
95-164, 91 Stat. 1297, 1299, 83 Stat. 803 (30 U. S. C. 801, 813, 957))

[42 FR 65535, Dec. 30, 1977; 43 FR 1617, Jan. 11, 1978, as amended at 44
FR 52828, Sept. 11, 1979; 69 FR 26499, May 13, 2004]

Sec. 50.20-7 Criteria--MSHA Form 7000-1, Section D.

This section requires information concerning the miner's return to
duty.
(a) Item 28. Permanently transferred or terminated. Check this block
if the miner's employment was terminated or if the miner was permanently
transferred to another regular job as a direct result of the
occupational injury or occupational illness.
(b) Item 29. Show the date that the injured person returned to his
regular job at full capacity (not to restricted work activity) or was
transferred or terminated.
(c) Item 30. Number of days away from work. Enter the number of
work-days, consecutive or not, on which the miner would have worked but
could not because of occupational injury or occupational illness. The
number of days away from work shall not include the day of injury or
onset of illness or any days on which the miner would not have worked
even though able to work. If an employee loses a day from work solely
because of the unavailability of professional medical personnel for
initial observation or treatment and not as a direct consequence of the
injury or illness, the day should not be counted as a day away from
work.
(d) Item 31. Number of days of restricted work activity. Enter the
number of workdays, consecutive or not, on which because of occupational
injury or occupational illness:
(1) The miner was assigned to another job on a temporary basis;
(2) The miner worked at a permanent job less than full time; or
(3) The miner worked at a permanently assigned job but could not
perform all duties normally connected with it. The number of days of
restricted work activity shall not include the day of injury or onset of
illness, or

[[Page 282]]

any days the miner did not work even though able to work.

If an injured or ill employee receives scheduled follow-up medical
treatment or observation which results in the loss of a full workday
solely because of the unavailability of professional medical personnel,
it will not be counted as a day of restricted work activity. Days of
restricted work activity end as the result of any of the following:
(i) The miner returns to his regularly scheduled job and performs
all of its duties for a full day or shift;
(ii) The miner is permanently transferred to another permanent job
(which shall be reported under Item 28, Permanently Transferred or
Terminated). If this happens, even though the miner could not perform
this original job any longer, the Days of Restricted Work Activity will
stop; or
(iii) The miner is terminated or leaves the mine. (Termination shall
also be reported under Item 28, Permanently Transferred or Terminated).

Subpart D_Quarterly Employment and Coal Production Report

Sec. 50.30 Preparation and submission of MSHA Form 7000-2--
Quarterly Employment and Coal Production Report.

(a) Each operator of a mine in which an individual worked during any
day of a calendar quarter shall complete a MSHA Form 7000-2 in
accordance with the instructions and criteria in Sec. 50.30-1 and
submit the original to the MSHA Office of Injury and Employment
Information, P.O. Box 25367, Denver Federal Center, Denver, Colo. 80225,
within 15 days after the end of each calendar quarter. These forms may
be obtained from the MSHA District Office. Each operator shall retain an
operator's copy at the mine office nearest the mine for 5 years after
the submission date. You may also submit reports by facsimile, 888-231-
5515. To file electronically, follow the instructions on MSHA Internet
site, http://www.msha.gov. For assistance in electronic filing, contact
the MSHA help desk at 877-778-6055.
(b) Each operator of a coal mine in which an individual worked
during any day of a calendar quarter shall report coal production on
Form 7000-2.

[42 FR 65535, Dec. 30, 1977, as amended at 60 FR 35695, July 11, 1995;
69 FR 26499, May 13, 2004]

Sec. 50.30-1 General instructions for completing MSHA Form 7000-2.

(a) MSHA I.D. Number is the 7-digit number assigned to the mine
operation by MSHA. Any questions regarding the appropriate I.D. number
to use should be directed to your local MSHA District Office.
(b) Calendar Quarter: First quarter is January, February, and March.
Second quarter is April, May, and June. Third quarter is July, August,
and September. Fourth quarter is October, November, and December.
(c) County is the name of the county, borough, or independent city
in which the operation is located.
(d) Operation Name is the specific name of the mine or plant to
which the MSHA I.D. number was assigned and for which the quarterly
employment report is being submitted.
(e) Company Name is the name of the operating company that this
report pertains to.
(f) Mailing Address is the address of the mine office where the
quarterly employment report is to be retained. This should be as near
the operation as possible.
(g) Employment, Employee Hours, and Coal Production--(1) Operation
Sub-Unit: (i) Underground Mine: Report data for your underground workers
on the first line. If you have personnel working at the surface of your
underground mine, report data for those persons on the second line;
(ii) Surface Mine (Including Shops and Yards): Report on the
appropriate line, employment and coal production for the mining
operation. For surface mining sub-units 03, 04, 05 and 06, include all
work associated with shops and yards;
(iii) Mill Operations, Preparation Plants, Breakers: Report data on
all persons employed at your milling (crushing, sizing, grinding,
concentrating, etc.) operation, preparation plant, or breaker, including
those working in associated shops and yards. (Do not include personnel
reported in

[[Page 283]]

shops and yards associated with other sub-units.);
(iv) Office: Include in this category employees who work principally
at the mine or preparation facility office.
(2) Average number of persons working during quarter: Show the
average number of employees on the payroll during all active periods in
the quarter. Include all classes of employees (supervisory,
professional, technical proprietors, owners, operators, partners, and
service personnel) on your payroll, full or part-time, Report Each
Employee Under One Activity Only. For example: If one or more persons
work both in the mine and the mill, report these employees under the
activity where they spend most of their time. If necessary, estimate for
the major activity. The average number may be computed by adding
together the number of employees working during each pay period and then
dividing by the number of pay periods. Do not include pay periods where
no one worked. For example, during the quarter you had 5 pay periods
where employees worked. The number of employees in each pay period was
10, 12, 13, 14 and 15 respectively. To compute the average, add the
number of employees working each pay period (10 + 12 + 13 + 14 + 15 =
64). Then divide by the number of pay periods (64 divided by 5 = 12.8).
Rounding this to the nearest whole number, we get 13 as the average
number of persons working.
(3) Total employee-hours worked during the quarter: Show the total
hours worked by all employees during the quarter covered. Include all
time where the employee was actually on duty, but exclude vacation,
holiday, sick leave, and all other off-duty time, even though paid for.
Make certain that each overtime hour is reported as one hour, and not as
the overtime pay multiple for an hour of work. The hours reported should
be obtained from payroll or other time records. If actual hours are not
available, they may be estimated on the basis of scheduled hours. Make
certain not to include hours paid but not worked.
(4) Production of clean coal (short tons): This section is to be
compiled only by operators of underground or surface mines, but not by
operators of central or independent coal preparation plants or operators
of metal or nonmetal mines. Enter the total production of clean coal
from the mine. This must include coal shipped from the mine and coal
used for fuel at the mine, but exclude refuse and coal produced at
another mine and purchased for use at the mine.
(h) Other Reportable Data. Indicate the number of reportable
injuries or illnesses occurring at your operation during the quarter
covered by this report. Show the name, title, and telephone number of
the person to be contacted regarding this report, and show the date that
this report was completed.

[42 FR 65535, Dec. 30, 1977, as amended at 69 FR 26500, May 13, 2004]

Subpart E_Maintenance of Records; Verification of Information

Sec. 50.40 Maintenance of records.

(a) Each operator of a mine shall maintain a copy of each
investigation report required to be prepared under Sec. 50.11 at the
mine office closest to the mine for five years after the concurrence.
(b) Each operator shall maintain a copy of each report submitted
under Sec. 50.20 or Sec. 50.30 at the mine office closest to the mine
for five years after submission. Upon request by the Mine Safety and
Health Administration, an operator shall make a copy of any report
submitted under Sec. 50.20 or Sec. 50.30 available to MSHA for
inspection or copying.

[42 FR 65535, Dec. 30, 1977, as amended at 43 FR 12318, Mar. 24, 1978]

Sec. 50.41 Verification of reports.

Upon request by MSHA, an operator shall allow MSHA to inspect and
copy information related to an accident, injury or illnesses which MSHA
considers relevant and necessary to verify a report of investigation
required by Sec. 50.11 of this part or relevant and necessary to a
determination of compliance with the reporting requirements of this
part.

[[Page 284]]

SUBCHAPTER J [RESERVED]

[[Page 285]]

SUBCHAPTER K_METAL AND NONMETAL MINE SAFETY AND HEALTH

PART 56_SAFETY AND HEALTH STANDARDS_SURFACE METAL AND NONMETAL MINES--
Table of Contents

Subpart A_General

Sec.
56.1 Purpose and scope.
56.2 Definitions.

Procedures

56.1000 Notification of commencement of operations and closing of mines.

Subpart B_Ground Control

56.3000 Definitions.

Mining Methods

56.3130 Wall, bank, and slope stability.
56.3131 Pit or quarry wall perimeter.

Scaling and Support

56.3200 Correction of hazardous conditions.
56.3201 Location for performing scaling.
56.3202 Scaling tools.
56.3203 Rock fixtures.

Precautions

56.3400 Secondary breakage.
56.3401 Examination of ground conditions.
56.3430 Activity between machinery or equipment and the highwall or
bank.

Subpart C_Fire Prevention and Control

56.4000 Definitions.
56.4011 Abandoned electric circuits.

Prohibitions/Precautions/Housekeeping

56.4100 Smoking and use of open flames.
56.4101 Warning signs.
56.4102 Spillage and leakage.
56.4103 Fueling internal combustion engines.
56.4104 Combustible waste.
56.4130 Electric substations and liquid storage facilities.

Firefighting Equipment

56.4200 General requirements.
56.4201 Inspection.
56.4202 Fire hydrants.
56.4203 Extinguisher recharging or replacement.
56.4230 Self-propelled equipment.

Firefighting Procedures/Alarms/Drills

56.4330 Firefighting, evacuation, and rescue procedures.
56.4331 Firefighting drills.

Flammable and Combustible Liquids and Gases

56.4400 Use restrictions.
56.4401 Storage tank foundations.
56.4402 Safety can use.
56.4430 Storage facilities.

Installation/Construction/Maintenance

56.4500 Heat sources.
56.4501 Fuel lines.
56.4502 Battery-charging stations.
56.4503 Conveyor belt slippage.
56.4530 Exits.
56.4531 Flammable or combustible liquid storage buildings or rooms.

Welding/Cutting/Compressed Gases

56.4600 Extinguishing equipment.
56.4601 Oxygen cylinder storage.
56.4602 Gauges and regulators.
56.4603 Closure of valves.
56.4604 Preparation of pipelines or containers.

Appendix I to Subpart C of Part 56--National Consensus Standards

Subpart D_Air Quality and Physical Agents

Air Quality

56.5001 Exposure limits for airborne contaminants.
56.5001T Exposure limits for airborne contaminants.
56.5002 Exposure monitoring.
56.5005 Control of exposure to airborne contaminants.
56.5005T Control of exposure to airborne contaminants.
56.5006 Restricted use of chemicals.

Subpart E_Explosives

56.6000 Definitions.

Storage

56.6100 Separation of stored explosive material.
56.6101 Areas around explosive material storage facilities.
56.6102 Explosive material storage practices.
56.6130 Explosive material storage facilities.
56.6131 Location of explosive material storage facilities.
56.6132 Magazine requirements.
56.6133 Powder chests.

[[Page 286]]

Transportation

56.6200 Delivery to storage or blast site areas.
56.6201 Separation of transported explosive material.
56.6202 Vehicles.
56.6203 Locomotives.
56.6204 Hoists.
56.6205 Conveying explosives by hand.

Use

56.6300 Control of blasting operations.
56.6301 Blasthole obstruction check.
56.6302 Separation of explosive material.
56.6303 Initiation preparation.
56.6304 Primer protection.
56.6305 Unused explosive material.
56.6306 Loading, blasting, and security.
56.6307 Drill stem loading.
56.6308 Initiation systems.
56.6309 Fuel oil requirements for ANFO.
56.6310 Misfire waiting period.
56.6311 Handling of misfires.
56.6312 Secondary blasting.

Electric Blasting

56.6400 Compatibility of electric detonators.
56.6401 Shunting.
56.6402 Deenergized circuits near detonators.
56.6403 Branch circuits.
56.6404 Separation of blasting circuits from power source.
56.6405 Firing devices.
56.6406 Duration of current flow.
56.6407 Circuit testing.

Nonelectric Blasting

56.6500 Damaged initiating material.
56.6501 Nonelectric initiation systems.
56.6502 Safety fuse.

Extraneous Electricity

56.6600 Loading practices.
56.6601 Grounding.
56.6602 Static electricity dissipation during loading.
56.6603 Air gap.
56.6604 Precautions during storms.
56.6605 Isolation of blasting circuits.

Equipment/Tools

56.6700 Nonsparking tools.
56.6701 Tamping and loading pole requirements.

Maintenance

56.6800 Storage facilities.
56.6801 Vehicle repair.
56.6802 Bulk delivery vehicles.
56.6803 Blasting lines.

General Requirements

56.6900 Damaged or deteriorated explosive material.
56.6901 Black powder.
56.6902 Excessive temperatures.
56.6903 Burning explosive material.
56.6904 Smoking and open flames.
57.6905 Protection of explosive material.

Subpart F_Drilling and Rotary Jet Piercing

Drilling

56.7002 Equipment defects.
56.7003 Drill area inspection.
56.7004 Drill mast.
56.7005 Augers and drill stems.
56.7008 Moving the drill.
56.7009 Drill helpers.
56.7010 Power failures.
56.7011 Straightening crossed cables.
56.7012 Tending drills in operation.
56.7013 Covering or guarding drill holes.
56.7018 Hand clearance.
56.7050 Tool and drill steel racks.
56.7051 Loose objects on the mast or drill platform.
56.7052 Drilling positions.
56.7053 Moving hand-held drills.
56.7055 Intersecting holes.
56.7056 Collaring in bootlegs.

Rotary Jet Piercing

56.7801 Jet drills.
56.7802 Oxygen hose lines.
56.7803 Lighting the burner.
56.7804 Refueling.
56.7805 Smoking and open flames.
56.7806 Oxygen intake coupling.
56.7807 Flushing the combustion chamber.

Subpart G [Reserved]

Subpart H_Loading, Hauling, and Dumping

Traffic Safety

56.9100 Traffic control.
56.9101 Operating speeds and control of equipment.
56.9102 Movement of independently operating rail equipment.
56.9103 Clearance on adjacent tracks.
56.9104 Railroad crossings.

Transportation of Persons and Materials

56.9200 Transporting persons.
56.9201 Loading, hauling, and unloading of equipment or supplies.
56.9202 Loading and hauling large rocks.

Safety Devices, Provisions, and Procedures for Roadways, Railroads, and
Loading and Dumping Sites

56.9300 Berms or guardrails.
56.9301 Dump site restraints.
56.9302 Protection against moving or runaway railroad equipment.
56.9303 Construction of ramps and dumping facilities.

[[Page 287]]

56.9304 Unstable ground.
56.9305 Truck spotters.
56.9306 Warning devices for restricted clearances.
56.9307 Design, installation, and maintenance of railroads.
56.9308 Switch throws.
56.9309 Chute design.
56.9310 Chute hazards.
56.9311 Anchoring stationary sizing devices.
56.9312 Working around drawholes.
56.9313 Roadway maintenance.
56.9314 Trimming stockpile and muckpile faces.
56.9315 Dust control.
56.9316 Notifying the equipment operator.
56.9317 Suspended loads.
56.9318 Getting on or off moving equipment.
56.9319 Going over, under, or between railcars.
56.9330 Clearance for surface equipment.

Subpart I_Aerial Tramways

56.10001 Filling buckets.
56.10002 Inspection and maintenance.
56.10003 Correction of defects.
56.10004 Brakes.
56.10005 Track cable connections.
56.10006 Tower guards.
56.10007 Falling object protection.
56.10008 Riding tramways.
56.10009 Riding loaded buckets.
56.10010 Starting precautions.

Subpart J_Travelways

56.11001 Safe access.
56.11002 Handrails and toeboards.
56.11003 Construction and maintenance of ladders.
56.11004 Portable rigid ladders.
56.11005 Fixed ladder anchorage and toe clearance.
56.11006 Fixed ladder landings.
56.11007 Wooden components of ladders.
56.11008 Restricted clearance.
56.11009 Walkways along conveyors.
56.11010 Stairstep clearance.
56.11011 Use of ladders.
56.11012 Protection for openings around travelways.
56.11013 Conveyor crossovers.
56.11014 Crossing moving conveyors.
56.11016 Snow and ice on walkways and travelways.
56.11017 Inclined fixed ladders.
56.11025 Railed landings, backguards, and other protection for fixed
ladders.
56.11026 Protection for inclined fixed ladders.
56.11027 Scaffolds and working platforms.

Subpart K_Electricity

56.12001 Circuit overload protection.
56.12002 Controls and switches.
56.12003 Trailing cable overload protection.
56.12004 Electrical conductors.
56.12005 Protection of power conductors from mobile equipment.
56.12006 Distribution boxes.
56.12007 Junction box connection procedures.
56.12008 Insulation and fittings for power wires and cables.
56.12010 Isolation or insulation of communication conductors.
56.12011 High-potential electrical conductors.
56.12012 Bare signal wires.
56.12013 Splices and repairs of power cables.
56.12014 Handling energized power cables.
56.12016 Work on electrically-powered equipment.
56.12017 Work on power circuits.
56.12018 Identification of power switches.
56.12019 Access to stationary electrical equipment or switchgear.
56.12020 Protection of persons at switchgear.
56.12021 Danger signs.
56.12022 Authorized persons at major electrical installations.
56.12023 Guarding electrical connections and resistor grids.
56.12025 Grounding circuit enclosures.
56.12026 Grounding transformer and switchgear enclosures.
56.12027 Grounding mobile equipment.
56.12028 Testing grounding systems.
56.12030 Correction of dangerous conditions.
56.12032 Inspection and cover plates.
56.12033 Hand-held electric tools.
56.12034 Guarding around lights.
56.12035 Weatherproof lamp sockets.
56.12036 Fuse removal or replacement.
56.12037 Fuses in high-potential circuits.
56.12038 Attachment of trailing cables.
56.12039 Protection of surplus trailing cables.
56.12040 Installation of operating controls.
56.12041 Design of switches and starting boxes.
56.12042 Track bonding.
56.12045 Overhead powerlines.
56.12047 Guy wires.
56.12048 Communication conductors on power poles.
56.12050 Installation of trolley wires.
56.12053 Circuits powered from trolley wires.
56.12065 Short circuit and lightning protection.
56.12066 Guarding trolley wires and bare powerlines.
56.12067 Installation of transformers.
56.12068 Locking transformer enclosures.
56.12069 Lightning protection for telephone wires and ungrounded
conductors.
56.12071 Movement or operation of equipment near high-voltage power
lines.

Subpart L_Compressed Air and Boilers

56.13001 General requirements for boilers and pressure vessels.

[[Page 288]]

56.13010 Reciprocating-type air compressors.
56.13011 Air receiver tanks.
56.13012 Compressor air intakes.
56.13015 Inspection of compressed-air receivers and other unfired
pressure vessels.
56.13017 Compressor discharge pipes.
56.13019 Pressure system repairs.
56.13020 Use of compressed air.
56.13021 High-pressure hose connections.
56.13030 Boilers.

Subpart M_Machinery and Equipment

56.14000 Definitions.

Safety Devices and Maintenance Requirements

56.14100 Safety defects; examination, correction and records.
56.14101 Brakes.
56.14102 Brakes for rail equipment.
56.14103 Operators' stations.
56.14104 Tire repairs.
56.14105 Procedures during repairs or maintenance.
56.14106 Falling object protection.
56.14107 Moving machine parts.
56.14108 Overhead drive belts.
56.14109 Unguarded conveyors with adjacent travelways.
56.14110 Flying or falling materials.
56.14111 Slusher, backlash guards and securing.
56.14112 Construction and maintenance of guards.
56.14113 Inclined conveyors: backstops or brakes.
56.14114 Air valves for pneumatic equipment.
56.14115 Stationary grinding machines.
56.14116 Hand-held power tools.
56.14130 Roll-over protective structures (ROPS) and seat belts.
56.14131 Seat belts for haulage trucks.
56.14132 Horns and back-up alarms.

Safety Practices and Operational Procedures

56.14200 Warnings prior to starting or moving equipment.
56.14201 Conveyor start-up warnings.
56.14202 Manual cleaning of conveyor pulleys.
56.14203 Application of belt dressing.
56.14204 Machinery lubrication.
56.14205 Machinery, equipment, and tools.
56.14206 Securing movable parts.
56.14207 Parking procedures for unattended equipment.
56.14208 Warning devices.
56.14209 Safety procedures for towing.
56.14210 Movement of dippers, buckets, loading booms, or suspended
loads.
56.14211 Blocking equipment in a raised position.
56.14212 Chains, ropes, and drive belts.
56.14213 Ventilation and shielding for welding.
56.14214 Train warnings.
56.14215 Coupling or uncoupling cars.
56.14216 Backpoling.
56.14217 Securing parked railcars.
56.14218 Movement of equipment on adjacent tracks.
56.14219 Brakeman signals.

Appendix I to Subpart M of Part 56--National Consensus Standards

Subpart N_Personal Protection

56.15001 First aid materials.
56.15002 Hard hats.
56.15003 Protective footwear.
56.15004 Eye protection.
56.15005 Safety belts and lines.
56.15006 Protective equipment and clothing for hazards and irritants.
56.15007 Protective equipment or clothing for welding, cutting, or
working with molten metal.
56.15014 Eye protection when operating grinding wheels.
56.15020 Life jackets and belts.

Subpart O_Materials Storage and Handling

56.16001 Stacking and storage of materials.
56.16002 Bins, hoppers, silos, tanks, and surge piles.
56.16003 Storage of hazardous materials.
56.16004 Containers for hazardous materials.
56.16005 Securing gas cylinders.
56.16006 Protection of gas cylinder valves.
56.16007 Taglines, hitches, and slings.
56.16009 Suspended loads.
56.16010 Dropping materials from overhead.
56.16011 Riding hoisted loads or on the hoist hook.
56.16012 Storage of incompatible substances.
56.16013 Working with molten metal.
56.16014 Operator-carrying overhead cranes.
56.16015 Work or travel on overhead crane bridges.
56.16016 Lift trucks.

Subpart P_Illumination

56.17001 Illumination of surface working areas.

Subpart Q_Safety Programs

56.18002 Examination of working places.
56.18006 New employees.
56.18009 Designation of person in charge.
56.18010 First aid.
56.18012 Emergency telephone numbers.
56.18013 Emergency communications system.
56.18014 Emergency medical assistance and transportation.
56.18020 Working alone.

[[Page 289]]

Subpart R_Personnel Hoisting

56.19000 Application.

Hoists

56.19001 Rated capacities.
56.19002 Anchoring.
56.19003 Driving mechanism connections.
56.19004 Brakes.
56.19005 Locking mechanism for clutch.
56.19006 Automatic hoist braking devices.
56.19007 Overtravel and overspeed devices.
56.19008 Friction hoist synchronizing mechanisms.
56.19009 Position indicator.
56.19010 Location of hoist controls.
56.19011 Drum flanges.
56.19012 Grooved drums.
56.19013 Diesel- and other fuel-injection-powered hoists.
56.19014 Friction hoist overtravel protection.
56.19017 Emergency braking for electric hoists.
56.19018 Overtravel by-pass switches.

Wire Ropes

56.19021 Minimum rope strength.
56.19022 Initial measurement.
56.19023 Examinations.
56.19024 Retirement criteria.
56.19025 Load end attachments.
56.19026 Drum end attachment.
56.19027 End attachment retermination.
56.19028 End attachment replacement.
56.19030 Safety device attachments.

Headframes and Sheaves

56.19035 Headframe design.
56.19036 Headframe height.
56.19037 Fleet angles.
56.19038 Platforms around elevated head sheaves.

Conveyances

56.19045 Metal bonnets.
56.19049 Hoisting persons in buckets.
56.19050 Bucket requirements.
56.19054 Rope guides.

Hoisting Procedures

56.19055 Availability of hoist operator for manual hoists.
56.19056 Availability of hoist operator for automatic hoists.
56.19057 Hoist operator's physical fitness.
56.19058 Experienced hoist operators.
56.19061 Maximum hoisting speeds.
56.19062 Maximum acceleration and deceleration.
56.19063 Persons allowed in hoist room.
56.19065 Lowering conveyances by the brakes.
56.19066 Maximum riders in a conveyance.
56.19067 Trips during shift changes.
56.19068 Orderly conduct in conveyances.
56.19069 Entering and leaving conveyances.
56.19070 Closing cage doors or gates.
56.19071 Riding in skips or buckets.
56.19072 Skips and cages in same compartment.
56.19073 Hoisting during shift changes.
56.19074 Riding the bail, rim, bonnet, or crosshead.
56.19075 Use of open hooks.
56.19076 Maximum speeds for hoisting persons in buckets.
56.19077 Lowering buckets.
56.19078 Hoisting buckets from the shaft bottom.
56.19079 Blocking mine cars.
56.19080 Hoisting tools, timbers, and other materials.
56.19081 Conveyances not in use.
56.19083 Overtravel backout device.

Signaling

56.19090 Dual signaling systems.
56.19091 Signaling instructions to hoist operator.
56.19092 Signaling from conveyances.
56.19093 Standard signal code.
56.19094 Posting signal code.
56.19095 Location of signal devices.
56.19096 Familiarity with signal code.

Shafts

56.19100 Shaft landing gates.
56.19101 Stopblocks and derail switches.
56.19102 Shaft guides.
56.19103 Dumping facilities and loading pockets.
56.19104 Clearance at shaft stations.
56.19105 Landings with more than one shaft entrance.
56.19106 Shaft sets.
56.19107 Precautions for work in compartment affected by hoisting
operation.
56.19108 Posting warning signs during shaft work.
56.19109 Shaft inspection and repair.
56.19110 Overhead protection for shaft deepening work.
56.191111 Shaft-sinking ladders.

Inspection and Maintenance

56.19120 Procedures for inspection, testing, and maintenance.
56.19121 Recordkeeping.
56.19122 Replacement parts.
56.19129 Examinations and tests at beginning of shift.
56.19130 Conveyance shaft test.
56.19131 Hoist conveyance connections.
56.19132 Safety catches.
56.19133 Shaft.
56.19134 Sheaves.
56.19135 Rollers in inclined shafts.

Subpart S_Miscellaneous

56.20001 Intoxicating beverages and narcotics.

[[Page 290]]

56.20002 Potable water.
56.20003 Housekeeping.
56.20005 Carbon tetrachloride.
56.20008 Toilet facilities.
56.20009 Tests for explosive dusts.
56.20010 Retaining dams.
56.20011 Barricades and warning signs.
56.20013 Waste receptacles.
56.20014 Prohibited areas for food and beverages.

Subpart T_Safety Program for Surface Mobile Equipment

56.23000 Purpose and scope.
56.23001 Definitions.
56.23002 Written safety program.
56.23003 Requirements for written safety program.
56.23004 Record and inspection.

Authority: 30 U.S.C. 811.

Source: 50 FR 4054, Jan. 29, 1985, unless otherwise noted.

Subpart A_General

Sec. 56.1 Purpose and scope.

This part 56 sets forth mandatory safety and health standards for
each surface metal or nonmetal mine, including open pit mines, subject
to the Federal Mine Safety and Health Act of 1977. The purpose of these
standards is the protection of life, the promotion of health and safety,
and the prevention of accidents.

Sec. 56.2 Definitions.

The following definitions apply in this part. In addition
definitions contained in any subpart of part 56 apply in that subpart.
If inconsistent with the general definitions in this section, the
definition in the subpart will apply in that subpart:
American Table of Distances means the current edition of ``The
American Table of Distances for Storage of Explosives'' published by the
Institute of Makers of Explosives.
Approved means tested and accepted for a specific purpose by a
nationally recognized agency.
Attended means presence of an individual or continuous monitoring to
prevent unauthorized entry or access.
Authorized person means a person approved or assigned by mine
management to perform a specific type of duty or duties or to be at a
specific location or locations in the mine.
Barricaded means obstructed to prevent the passage of persons,
vehicles, or flying materials.
Barrier means a material object, or objects that separates, keeps
apart, or demarcates in a conspicuous manner such as cones, a warning
sign, or tape.
Berm means a pile or mound of material along an elevated roadway
capable of moderating or limiting the force of a vehicle in order to
impede the vehicle's passage over the bank of the roadway.
Blast area means the area in which concussion (shock wave), flying
material, or gases from an explosion may cause injury to persons. In
determining the blast area, the following factors shall be considered:
(1) Geology or material to be blasted.
(2) Blast pattern.
(3) Burden, depth, diameter, and angle of the holes.
(4) Blasting experience of the mine.
(5) Delay system, powder factor, and pounds per delay.
(6) Type and amount of explosive material.
(7) Type and amount of stemming.
Blast site means the area where explosive material is handled during
loading, including the perimeter formed by the loaded blastholes and 50
feet (15.2 meters) in all directions from loaded holes. A minimum
distance of 30 feet (9.1 meters) may replace the 50-foot (15.2-meter)
requirement if the perimeter of loaded holes is demarcated with a
barrier. The 50-foot (15.2-meter) and alternative 30-foot (9.1-meter)
requirement also apply in all directions along the full depth of the
hole.
Blasting agent means any substance classified as a blasting agent by
the Department of Transportation in 49 CFR 173.114(a) (44 FR 31182, May
31, 1979) which is incorporated by reference. This document is available
for inspection at each Metal and Nonmetal Safety and Health District
Office of the Mine Safety and Health Administration, and may be obtained
from the U.S. Government Printing Office, Washington, DC 20402.
Blasting area means the area near the blasting operations in which
concussion or flying material can reasonably be expected to cause
injury.
Blasting cap means a detonator which is initiated by a safety fuse.

[[Page 291]]

Blasting circuit means the electrical circuit used to fire one or
more electric blasting caps.
Blasting switch means a switch used to connect a power source to a
blasting circuit.
Booster means any unit of explosive or blasting agent used for the
purpose of perpetuating or intensifying an initial detonation.
Capped fuse means a length of safety fuse to which a blasting cap
has been attached.
Capped primer means a package or cartridge of explosives which is
specifically designed to transmit detonation to other explosives and
which contains a detonator.
Circuit breaker means a device designed to open and close a circuit
by nonautomatic means and to open the circuit automatically on a
predetermined overcurrent setting without injury to itself when properly
applied within its rating.
Combustible means capable of being ignited and consumed by fire.
Combustible liquids means liquids having a flash point at or above
100 [deg]F (37.8 [deg]C). They are divided into the following classes:
(1) Class II liquids--those having flash points at or above 100
[deg]F (37.8 [deg]C) and below 140 [deg]F (60 [deg]C).
(2) Class IIIA liquids--those having flash points at or above 140
[deg]F (60 [deg]C) and below 200 [deg]F (93.4 [deg]C).
(3) Class IIIB liquids--those having flash points at or above 200
[deg]F (93.4 [deg]C).
Combustible material means a material that, in the form in which it
is used and under the conditions anticipated, will ignite, burn, support
combustion, or release flammable vapors when subjected to fire or heat.
Wood, paper, rubber, and plastics are examples of combustible materials.
Company official means a member of the company supervisory or
technical staff.
Competent person means a person having abilities and experience that
fully qualify him to perform the duty to which he is assigned.
Conductor means a material, usually in the form of a wire, cable, or
bus bar, capable of carrying an electric current.
Delay connector means a non-electric short interval delay device for
use in delaying blasts which are initiated by detonating cord.
Detonating cord means a flexible cord containing a solid core of
high explosives.
Detonator means any device containing a detonating charge that is
used to initiate an explosive and includes but is not limited to
blasting caps, electric blasting caps and nonelectric instantaneous or
delay blasting caps.
Distribution box means a portable apparatus with an enclosure
through which an electric circuit is carried to one or more cables from
a single incoming feed line, each cable circuit being connected through
individual overcurrent protective devices.
Electric blasting cap means a detonator designed for and capable of
being initiated by means of an electric current.
Electrical grounding means to connect with the ground to make the
earth part of the circuit.
Employee means a person who works for wages or salary in the service
of an employer.
Employer means a person or organization which hires one or more
persons to work for wages or salary.
Emulsion means an explosive material containing substantial amounts
of oxidizers dissolved in water droplets, surrounded by an immiscible
fuel.
Explosive means any substance classified as an explosive by the
Department of Transportation in 49 CFR 173.53, 173.88, and 173.100 which
are incorporated by reference. Title 49 CFR is available for inspection
at each Metal and Nonmetal Safety and Health district office of the Mine
Safety and Health Administration, and may be obtained from the U.S.
Government Printing Office, Washington, DC 20402.
Explosive material means explosives, blasting agents, and
detonators.
Face or bank means that part of any mine where excavating is
progressing or was last done.
Fire resistance rating means the time, in minutes or hours, that an
assembly of materials will retain its protective characteristics or
structural integrity upon exposure to fire.
Flammable means capable of being easily ignited and of burning
rapidly.

[[Page 292]]

Flammable gas means a gas that will burn in the normal
concentrations of oxygen in the air.
Flammable liquid means a liquid that has a flash point below 100
[deg]F (37.8 [deg]C), a vapor pressure not exceeding 40 pounds per
square inch (absolute) at 100 [deg]F (37.8 [deg]C), and is known as a
Class I liquid.
Flash point means the minimum temperature at which sufficient vapor
is released by a liquid or solid to form a flammable vapor-air mixture
at atmospheric pressure.
High potential means more than 650 volts.
Highway means any public street, public alley, or public road.
Hoist means a power driven windlass or drum used for raising ore,
rock, or other material from a mine, and for lowering or raising persons
and material.
Igniter cord means a fuse, cordlike in appearance, which burns
progressively along its length with an external flame at the zone of
burning, and is used for lighting a series of safety fuses in the
desired sequence.
Insulated means separated from other conducting surfaces by a
dielectric substance permanently offering a high resistance to the
passage of current and to disruptive discharge through the substance.
When any substance is said to be insulated, it is understood to be
insulated in a manner suitable for the conditions to which it is
subjected. Otherwise, it is, within the purpose of this definition,
uninsulated. Insulating covering is one means for making the conductor
insulated.
Insulation means a dielectric substance offering a high resistance
to the passage of current and to a disruptive discharge through the
substance.
Laminated partition means a partition composed of the following
material and minimum nominal dimensions: \1/2\-inch-thick plywood, \1/
2\-inch-thick gypsum wallboard, \1/8\-inch-thick low carbon steel, and
\1/4\-inch-thick plywood, bonded together in that order (IME-22 Box). A
laminated partition also includes alternative construction materials
described in the Institute of Makers of Explosives (IME) Safety Library
Publication No. 22, ``Recommendations for the Safe Transportation of
Detonators in a Vehicle with Other Explosive Materials'' (May 1993), and
the ``Generic Loading Guide for the IME-22 Container'' (October 1993).
The IME is located at 1120 19th Street NW., Suite 310, Washington, DC
20036-3605; 202-429-9280; https://www.ime.org. This incorporation by
reference has been approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available
at MSHA's Office of Standards, Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202-5452; 202-693-9440; and at all Metal
and Nonmetal Mine Safety and Health District Offices, or available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
Lay means the distance parallel to the axis of the rope in which a
strand makes one complete turn about the axis of the rope.
Loading means placing explosive material either in a blasthole or
against the material to be blasted.
Low potential means 650 volts or less.
Magazine means a facility for the storage of explosives, blasting
agents, or detonators.
Major electrical installation means an assemblage of stationary
electrical equipment for the generation, transmission, distribution, or
conversion of electrical power.
Mantrip means a trip on which persons are transported to and from a
work area.
Mill includes any ore mill, sampling works, concentrator, and any
crushing, grinding, or screening plant used at, and in connection with,
an excavation or mine.
Misfire means the complete or partial failure of a blasting charge
to explode as planned.
Mobile equipment means wheeled, skid-mounted, track-mounted, or
rail-mounted equipment capable of moving or being moved.
Multipurpose dry-chemical fire extinguisher means an extinguisher
having a

[[Page 293]]

rating of at least 2-A:10-B:C and containing a nominal 4.5 pounds or
more of dry-chemical agent.
Noncombustible material means a material that, in the form in which
it is used and under the conditions anticipated, will not ignite, burn,
support combustion, or release flammable vapors when subjected to fire
or heat. Concrete, masonry block, brick, and steel are examples of
noncombustible materials.
Non-electric delay blasting cap means a detonator with an integral
delay element and capable of being initiated by miniaturized detonating
cord.
Overburden means material of any nature, consolidated or
unconsolidated, that overlies a deposit of useful materials or ores that
are to be mined.
Overload means that current which will cause an excessive or
dangerous temperature in the conductor or conductor insulation.
Permissible means a machine, material, apparatus, or device that has
been investigated, tested, and approved by the Bureau of Mines or the
Mine Safety and Health Administration and is maintained in permissible
condition.
Potable water means water which shall meet the applicable minimum
health requirements for drinking water established by the State or
community in which the mine is located or by the Environmental
Protection Agency in 40 CFR part 141, pages 169-182 revised as of July
1, 1977. Where no such requirements are applicable, the drinking water
provided shall conform with the Public Health Service Drinking Water
Standards, 42 CFR part 72, subpart J, pages 527-533, revised as of
October 1, 1976. Publications to which references are made in this
definition are hereby made a part hereof. These incorporated
publications are available for inspection at each Metal and Nonmetal
Mine Safety and Health District Office of the Mine Safety and Health
Administration.
Powder chest means a substantial, nonconductive portable container
equipped with a lid and used at blasting sites for explosives other than
blasting agents.
Primer means a unit, package, or cartridge of explosives used to
initiate other explosives or blasting agents, and which contains a
detonator.
Reverse-current protection means a method or device used on direct-
current circuits or equipment to prevent the flow of current in the
reverse direction.
Rock fixture means any tensioned or nontensioned device or material
inserted into the ground to strengthen or support the ground.
Roll protection means a framework, safety canopy or similar
protection for the operator when equipment over-turns.
Safety can means an approved container, of not over five gallons
capacity, having a spring-closing lid and spout cover.
Safety fuse means a flexible cord containing an internal burning
medium by which fire is conveyed at a continuous and uniform rate for
the purpose of firing blasting caps or a black powder charge.
Safety switch means a sectionalizing switch that also provides shunt
protection in blasting circuits between the blasting switch and the shot
area.
Scaling means removal of insecure material from a face or highwall.
Secondary safety connection means a second connection between a
conveyance and rope, intended to prevent the conveyance from running
away or falling in the event the primary connection fails.
Shaft means a vertical or inclined shaft, a slope, incline or winze.
Short circuit means an abnormal connection of relatively low
resistance, whether made accidentally or intentionally, between two
points of different potential in a circuit.
Slurry (as applied to blasting). See ``Water gel.''
Storage facility means the entire class of structures used to store
explosive materials. A ``storage facility'' used to store blasting
agents corresponds to a BATF Type 4 or 5 storage facility.
Storage tank means a container exceeding 60 gallons in capacity used
for the storage of flammable or combustible liquids.
Stray current means that portion of a total electric current that
flows through paths other than the intended circuit.

[[Page 294]]

Substantial construction means construction of such strength,
material, and workmanship that the object will withstand all reasonable
shock, wear, and usage, to which it will be subjected.
Suitable means that which fits, and has the qualities or
qualifications to meet a given purpose, occasion, condition, function,
or circumstance.
Travelway means a passage, walk or way regularly used and designated
for persons to go from one place to another.
Water gel or Slurry (as applied to blasting) means an explosive or
blasting agent containing substantial portions of water.
Wet drilling means the continuous application of water through the
central hole of hollow drill steel to the bottom of the drill hole.
Working place means any place in or about a mine where work is being
performed.

[69 FR 38837, June 29, 2004, as amended at 80 FR 52986, Sept. 2, 2015]

Procedures

Sec. 56.1000 Notification of commencement of operations and closing of mines.

The owner, operator, or person in charge of any metal and nonmetal
mine shall notify the nearest MSHA Metal and Nonmetal Mine Safety and
Health district office before starting operations, of the approximate or
actual date mine operation will commence. The notification shall include
the mine name, location, the company name, mailing address, person in
charge, and whether operations will be continuous or intermittent.
When any mine is closed, the person in charge shall notify the
nearest district office as provided above and indicate whether the
closure is temporary or permanent.

[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995; 60
FR 35695, July 11, 1995; 71 FR 16667, Apr. 3, 2006]

Subpart B_Ground Control

Authority: 30 U.S.C. 811

Source: 51 FR 36197, Oct. 8, 1986, unless otherwise noted.

Sec. 56.3000 Definitions.

The following definitions apply in this subpart.
Travelway. A passage, walk, or way regularly used or designated for
persons to go from one place to another.

[51 FR 36197, Oct. 8, 1986, as amended at 69 FR 38840, June 29, 2004]

Mining Methods

Sec. 56.3130 Wall, bank, and slope stability.

Mining methods shall be used that will maintain wall, bank, and
slope stability in places where persons work or travel in performing
their assigned tasks. When benching is necessary, the width and height
shall be based on the type of equipment used for cleaning of benches or
for scaling of walls, banks, and slopes.

Sec. 56.3131 Pit or quarry wall perimeter.

In places where persons work or travel in performing their assigned
tasks, loose or unconsolidated material shall be sloped to the angle of
repose or stripped back for at least 10 feet from the top of the pit or
quarry wall. Other conditions at or near the perimeter of the pit or
quarry wall which create a fall-of-material hazard to persons shall be
corrected.

Scaling and Support

Sec. 56.3200 Correction of hazardous conditions.

Ground conditions that create a hazard to persons shall be taken
down or supported before other work or travel is permitted in the
affected area. Until corrective work is completed, the area shall be
posted with a warning against entry and, when left unattended, a barrier
shall be installed to impede unauthorized entry.

Sec. 56.3201 Location for performing scaling.

Scaling shall be performed from a location which will not expose
persons to injury from falling material, or other protection from
falling material shall be provided.

[[Page 295]]

Sec. 56.3202 Scaling tools.

Where manual scaling is performed, a scaling bar shall be provided.
This bar shall be of a length and design that will allow the removal of
loose material without exposing the person performing this work to
injury.

Sec. 56.3203 Rock fixtures.

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

[51 FR 36197, Oct. 8, 1986, as amended at 51 FR 36804, Oct. 16, 1986; 63
FR 20030, Apr. 22, 1998]

Precautions

Sec. 56.3400 Secondary breakage.

Prior to secondary breakage operations, material to be broken, other
than hanging material, shall be positioned or blocked to prevent
movement which would endanger persons in the work area. Secondary
breakage shall be performed from a location which would not expose
persons to danger.

Sec. 56.3401 Examination of ground conditions.

Persons experienced in examining and testing for loose ground shall
be designated by the mine operator. Appropriate supervisors or other
designated persons shall examine and, where applicable, test ground
conditions in areas where work is to be performed prior to work
commencing, after blasting, and as ground conditions warrant during the
work shift. Highwalls and banks adjoining travelways shall be examined
weekly

[[Page 296]]

or more often if changing ground conditions warrant.

Sec. 56.3430 Activity between machinery or equipment
and the highwall or bank.

Persons shall not work or travel between machinery or equipment and
the highwall or bank where the machinery or equipment may hinder escape
from falls or slides of the highwall or bank. Travel is permitted when
necessary for persons to dismount.

Subpart C_Fire Prevention and Control

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

Sec. 56.4000 Definitions.

The following definitions apply in this subpart.
Flash point. The minimum temperature at which sufficient vapor is
released by a liquid to form a flammable vapor-air mixture near the
surface of the liquid.
Safety can. A container of not over five gallons capacity that is
designed to safely relieve internal pressure when exposed to heat and
has a spring-closing lid and spout cover.

[50 FR 4054, Jan. 29, 1985, as amended at 68 FR 32361, May 30, 2003; 69
FR 38840, June 29, 2004]

Sec. 56.4011 Abandoned electric circuits.

Abandoned electric circuits shall be deenergized and isolated so
that they cannot become energized inadvertently.

Prohibitions/Precautions/Housekeeping

Sec. 56.4100 Smoking and use of open flames.

No person shall smoke or use an open flame where flammable or
combustible liquids, including greases, or flammable gases are--
(a) Used or transported in a manner that could create a fire hazard;
or
(b) Stored or handled.

Sec. 56.4101 Warning signs.

Readily visible signs prohibiting smoking and open flames shall be
posted where a fire or explosion hazard exists.

Sec. 56.4102 Spillage and leakage.

Flammable or combustible liquid spillage or leakage shall be removed
in a timely manner or controlled to prevent a fire hazard.

Sec. 56.4103 Fueling internal combustion engines.

Internal combustion engines shall be switched off before refueling
if the fuel tanks are integral parts of the equipment. This standard
does not apply to diesel-powered equipment.

Sec. 56.4104 Combustible waste.

(a) Waste materials, including liquids, shall not accumulate in
quantities that could create a fire hazard.
(b) Until disposed of properly, waste or rags containing flammable
or combustible liquids that could create a fire hazard shall be placed
in covered metal containers or other equivalent containers with flame
containment characteristics.

Sec. 56.4130 Electric substations and liquid storage facilities.

(a) If a hazard to persons could be created, no combustible
materials shall be stored or allowed to accumulate within 25 feet of the
following:
(1) Electric substations.
(2) Unburied, flammable or combustible liquid storage tanks.
(3) Any group of containers used for storage of more than 60 gallons
of flammable or combustible liquids.
(b) The area within the 25-foot perimeter shall be kept free of dry
vegetation.

Firefighting Equipment

Sec. 56.4200 General requirements.

[[Page 297]]

or the mine shall have made prior arrangements with a local fire
department to fight such fires.
(b) This onsite firefighting equipment shall be--
(1) Of the type, size, and quantity that can extinguish fires of any
class which could occur as a result of the hazards present; and
(2) Strategically located, readily accessible, plainly marked, and
maintained in fire-ready condition.

[50 FR 4054, Jan. 29, 1985, as amended at 50 FR 20100, May 14, 1985]

Sec. 56.4201 Inspection.

(a) Firefighting equipment shall be inspected according to the
following schedules:
(1) Fire extinguishers shall be inspected visually at least once a
month to determine that they are fully charged and operable.
(2) At least once every twelve months, maintenance checks shall be
made of mechanical parts, the amount and condition of extinguishing
agent and expellant, and the condition of the hose, nozzle, and vessel
to determine that the fire extinguishers will operate effectively.
(3) Fire extinguishers shall be hydrostatically tested according to
Table C-1 or a schedule based on the manufacturer's specifications to
determine the integrity of extinguishing agent vessels.
(4) Water pipes, valves, outlets, hydrants, and hoses that are part
of the mine's firefighting system shall be visually inspected at least
once every three months for damage or deterioration and use-tested at
least once every twelve months to determine that they remain functional.
(5) Fire suppression systems shall be inspected at least once every
twelve months. An inspection schedule based on the manufacturer's
specifications or the equivalent shall be established for individual
components of a system and followed to determine that the system remains
functional. Surface fire suppression systems are exempt from these
inspection requirements if the systems are used solely for the
protection of property and no persons would be affected by a fire.
(b) At the completion of each inspection or test required by this
standard, the person making the inspection or test shall certify that
the inspection or test has been made and the date on which it was made.
Certifications of hydrostatic testing shall be retained until the fire
extinguisher is retested or permanently removed from service. Other
certifications shall be retained for one year.

Table C-1--Hydrostatic Test Intervals for Fire Extinguishers
------------------------------------------------------------------------
Test
Extinguisher type interval
(years)
------------------------------------------------------------------------
Soda Acid.................................................... 5
Cartridge-Operated Water and/or Antifreeze................... 5
Stored-Pressure Water and/or Antifreeze...................... 5
Wetting Agent................................................ 5
Foam......................................................... 5
AFFF (Aqueous Film Forming Foam)............................. 5
Loaded Stream................................................ 5
Dry-Chemical with Stainless Steel Shells..................... 5
Carbon Dioxide............................................... 5
Dry-Chemical, Stored Pressure, with Mild Steel Shells, Brazed 12
Brass Shells, or Aluminum Shells............................
Dry-Chemical, Cartridge or Cylinder Operated, with Mild Steel 12
Shells......................................................
Bromotrifluoromethane--Halon 1301............................ 12
Bromochlorodifluoromethane--Halon 1211....................... 12
Dry-Powder, Cartridge or Cylinder-Operated, with Mild Steel 12
Shells \1\..................................................
------------------------------------------------------------------------
\1\ Except for stainless steel and steel used for compressed gas
cylinders, all other steel shells are defined as ``mild steel''
shells.

Sec. 56.4202 Fire hydrants.

If fire hydrants are part of the mine's firefighting system, the
hydrants shall be provided with--
(a) Uniform fittings or readily available adapters for onsite
firefighting equipment;
(b) Readily available wrenches or keys to open the valves; and
(c) Readily available adapters capable of connecting hydrant
fittings to the hose equipment of any firefighting organization relied
upon by the mine.

Sec. 56.4203 Extinguisher recharging or replacement.

Fire extinguishers shall be recharged or replaced with a fully
charged extinguisher promptly after any discharge.

Sec. 56.4230 Self-propelled equipment.

(a)(1) Whenever a fire or its effects could impede escape from self-
propelled

[[Page 298]]

equipment, a fire extinguisher shall be on the equipment.
(2) Whenever a fire or its effects would not impede escape from the
equipment but could affect the escape of other persons in the area, a
fire extinguisher shall be on the equipment or within 100 feet of the
equipment.
(b) A fire suppression system may be used as an alternative to fire
extinguishers if the system can be manually activated.
(c) Fire extinguishers or fire suppression systems shall be of a
type and size that can extinguish fires of any class in their early
stages which could originate from the equipment's inherent fire hazards.
Fire extinguishers or manual actuators for the suppression system shall
be located to permit their use by persons whose escape could be impeded
by fire.

Firefighting Procedures/Alarms/Drills

Sec. 56.4330 Firefighting, evacuation, and rescue procedures.

(a) Mine operators shall establish emergency firefighting,
evacuation, and rescue procedures. These procedures shall be coordinated
in advance with available firefighting organizations.
(b) Fire alarm procedures or systems shall be established to
promptly warn every person who could be endangered by a fire.
(c) Fire alarm systems shall be maintained in operable condition.

Sec. 56.4331 Firefighting drills.

Emergency firefighting drills shall be held at least once every six
months for persons assigned firefighting responsibilities by the mine
operator.

Flammable and Combustible Liquids and Gases

Sec. 56.4400 Use restrictions.

(a) Flammable liquids shall not be used for cleaning.
(b) Solvents shall not be used near an open flame or other ignition
source, near any source of heat, or in an atmosphere that can elevate
the temperature of the solvent above the flash point.

Sec. 56.4401 Storage tank foundations.

Fixed, unburied, flammable or combustible liquid storage tanks shall
be securely mounted on firm foundations. Piping shall be provided with
flexible connections or other special fittings where necessary to
prevent leaks caused by tanks settling.

Sec. 56.4402 Safety can use.

Small quantities of flammable liquids drawn from storage shall be
kept in safety cans labeled to indicate the contents.

Sec. 56.4430 Storage facilities.

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

[[Page 299]]

Installation/Construction/Maintenance

Sec. 56.4500 Heat sources.

Heat sources capable of producing combustion shall be separated from
combustible materials if a fire hazard could be created.

Sec. 56.4501 Fuel lines.

Fuel lines shall be equipped with valves capable of stopping the
flow of fuel at the source and shall be located and maintained to
minimize fire hazards. This standard does not apply to fuel lines on
self-propelled equipment.

Sec. 56.4502 Battery-charging stations.

(a) Battery-charging stations shall be ventilated with a sufficient
volume of air to prevent the accumulation of hydrogen gas.
(b) Smoking, use of open flames, or other activities that could
create an ignition source shall be prohibited at the battery charging
station during battery charging.
(c) Readily visible signs prohibiting smoking or open flames shall
be posted at battery-charging stations during battery charging.

Sec. 56.4503 Conveyor belt slippage.

Belt conveyors within confined areas where evacuation would be
restricted in the event of a fire resulting from belt-slippage shall be
equipped with a detection system capable of automatically stopping the
drive pulley. A person shall attend the belt at the drive pulley when it
is necessary to operate the conveyor while temporarily bypassing the
automatic function.

Sec. 56.4530 Exits.

Buildings or structures in which persons work shall have a
sufficient number of exits to permit prompt escape in case of fire.

Sec. 56.4531 Flammable or combustible liquid storage buildings or rooms.

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

Welding/Cutting/Compressed Gases

Sec. 56.4600 Extinguishing equipment.

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

23
Sec. 56.4601 Oxygen cylinder storage.

Oxygen cylinders shall not be stored in rooms or areas used or
designated for storage of flammable or combustible liquids, including
grease.

Sec. 56.4602 Gauges and regulators.

Gauges and regulators used with oxygen or acetylene cylinders shall
be kept clean and free of oil and grease.

[[Page 300]]

Sec. 56.4603 Closure of valves.

To prevent accidental release of gases from hoses and torches
attached to oxygen and acetylene cylinders or to manifold systems,
cylinder or manifold system valves shall be closed when--
(a) The cylinders are moved;
(b) The torch and hoses are left unattended; or
(c) The task or series of tasks is completed.

Sec. 56.4604 Preparation of pipelines or containers.

Before welding, cutting, or applying heat with an open flame to
pipelines or containers that have contained flammable or combustible
liquids, flammable gases, or explosive solids, the pipelines or
containers shall be--
(a) Drained, ventilated, and thoroughly cleaned of any residue;
(b) Vented to prevent pressure build-up during the application of
heat; and
(c)(1) Filled with an inert gas or water, where compatible; or
(2) Determined to be free of flammable gases by a flammable gas
detection device prior to and at frequent intervals during the
application of heat.

Sec. Appendix I to Subpart C of Part 56--National Consensus Standards

Mine operators seeking further information in the area of fire
prevention and control may consult the following national consensus
standards.

------------------------------------------------------------------------
MSHA standard National consensus standard
------------------------------------------------------------------------
Sec. Sec. 56.4200, 56.4201.... NFPA No. 10--Portable Fire
Extinguisher.
NFPA No. 11--Low Expansion Foam and
Combined Agent Systems.
NFPA No. 11A--High Expansion Foam
Systems.
NFPA No. 12--Carbon Dioxide
Extinguishing Systems.
NFPA No. 12A--Halon 1301
Extinguishing Systems.
NFPA No. 13--Water Sprinkler Systems.
NFPA No. 14--Standpipe and Hose
Systems.
NFPA No. 15--Water Spray Fixed
Systems.
NFPA No. 16--Foam Water Spray
Systems.
NFPA No. 17--Dry-Chemical
Extinguishing Systems.
NFPA No. 121--Mobile Surface Mining
Equipment.
NFPA No. 291--Testing and Marketing
Hydrants.
NFPA No. 1962--Care, Use, and
Maintenance of Fire Hose,
Connections, and Nozzles.
Sec. 56.4202................... NFPA No. 14--Standpipe and Hose
Systems.
NFPA No. 291--Testing and Marketing
Hydrants.
Sec. 56.4203................... NFPA No. 10--Portable Fire
Extinguishers.
Sec. 56.4230................... NFPA No. 10--Portable Fire
Extinguishers.
NFPA No. 121--Mobile Surface Mining
Equipment.
------------------------------------------------------------------------

Subpart D_Air Quality and Physical Agents

Air Quality

Sec. 56.5001 Exposure limits for airborne contaminants.

The following is required until April 7, 2026. Except as permitted
by Sec. 56.5005--
(a) Except as provided in paragraph (b) of this section, the
exposure to airborne contaminants shall not exceed, on the basis of a
time weighted average, the threshold limit values adopted by the
American Conference of Governmental Industrial Hygienists, as set forth
and explained in the 1973 edition of the Conference's publication,
entitled ``TLV's Threshold Limit Values for Chemical Substances in
Workroom Air Adopted by ACGIH for 1973,'' pages 1 through 54, which are
hereby incorporated by reference and made a part hereof. This
publication may be obtained from the American Conference of Governmental
industrial Hygienists by writing to 1330 Kemper Meadow Drive, Attn:
Customer Service, Cincinnati, OH 45240; http://www.acgih.org'', or may
be examined in any Metal and Nonmetal Mine Safety and Health District
Office of the Mine Safety and Health Administration. Excursions above
the listed thresholds shall not be of a greater magnitude than is
characterized as permissible by the Conference.
(b) Asbestos standard--(1) Definitions. Asbestos is a generic term
for a number of asbestiform hydrated silicates that, when crushed or
processed, separate into flexible fibers made up of fibrils.
Asbestos means chrysotile, cummingtonite-grunerite asbestos
(amosite), crocidolite, anthophylite asbestos, tremolite asbestos, and
actinolite asbestos.
Asbestos fiber means a fiber of asbestos that meets the criteria of
a fiber.

[[Page 301]]

Fiber means a particle longer than 5 micrometers ([micro]m) with a
length-to-diameter ratio of at least 3-to-1.
(2) Permissible Exposure Limits (PELs)--(i) Full-shift limit. A
miner's personal exposure to asbestos shall not exceed an 8-hour time-
weighted average full-shift airborne concentration of 0.1 fiber per
cubic centimeter of air (f/cc).
(ii) Excursion limit. No miner shall be exposed at any time to
airborne concentrations of asbestos in excess of 1 fiber per cubic
centimeter of air (f/cc) as averaged over a sampling period of 30
minutes.
(3) Measurement of airborne asbestos fiber concentration. Potential
asbestos fiber concentration shall be determined by phase contrast
microscopy (PCM) using the OSHA Reference Method in OSHA's asbestos
standard found in 29 CFR 1910.1001, Appendix A, or a method at least
equivalent to that method in identifying a potential asbestos exposure
exceeding the 0.1 f/cc full-shift limit or the 1 f/cc excursion limit.
When PCM results indicate a potential exposure exceeding the 0.1 f/cc
full-shift limit or the 1 f/cc excursion limit, samples shall be further
analyzed using transmission electron microscopy according to NIOSH
Method 7402 or a method at least equivalent to that method.
(c) Employees shall be withdrawn from areas where there is present
an airborne contaminant given a ``C'' designation by the Conference and
the concentration exceeds the threshold limit value listed for that
contaminant.

[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 35695, July 11, 1995; 71
FR 16667, Apr. 3, 2006; 73 FR 11303, Feb. 29, 2008; 73 FR 66172, Nov. 7,
2008; 89 FR 28468, Apr. 18, 2024]

Effective Date Note: At 89 FR 28469, Apr. 18, 2024, Sec. 56.5001
was removed, effective Apr. 8, 2026.

Sec. 56.5001T Exposure limits for airborne contaminants.

As of April 8, 2026 the following is required, except as permitted
by Sec. 56.5005--
(a) TLVs standard. Except as provided in paragraph (b) of this
section and in part 60 of this chapter, the exposure to airborne
contaminants shall not exceed, on the basis of a time weighted average,
the threshold limit values adopted by the American Conference of
Governmental Industrial Hygienists, as set forth and explained in the
1973 edition of the Conference's publication, entitled TLV's Threshold
Limit Values for Chemical Substances in Workroom Air Adopted by ACGIH
for 1973, pages 1 through 54. This publication is incorporated by
reference into this section with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. This
incorporation by reference (IBR) material is available for inspection at
the Mine Safety and Health Administration (MSHA) and at the National
Archives and Records Administration (NARA). Contact MSHA at: MSHA's
Office of Standards, Regulations, and Variances, 201 12th Street South,
Arlington, VA 22202-5450; (202) 693-9440; or at any Mine Safety and
Health Enforcement District Office. For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/
ibr-locations or email . The material may be
obtained from American Conference of Governmental Industrial Hygienists,
1330 Kemper Meadow Drive, Attn: Customer Service, Cincinnati, OH 45240;
www.acgih.org.
(b) Asbestos standard--(1) Definitions. Asbestos is a generic term
for a number of asbestiform hydrated silicates that, when crushed or
processed, separate into flexible fibers made up of fibrils.
Asbestos means chrysotile, cummingtonite-grunerite asbestos
(amosite), crocidolite, anthophylite asbestos, tremolite asbestos, and
actinolite asbestos.
Asbestos fiber means a fiber of asbestos that meets the criteria of
a fiber.
Fiber means a particle longer than 5 micrometers ([micro]m) with a
length-to-diameter ratio of at least 3-to-1.
(2) Permissible Exposure Limits (PELs)--(i) Full-shift limit. A
miner's personal exposure to asbestos shall not exceed an 8-hour time-
weighted average full-shift airborne concentration of 0.1 fiber per
cubic centimeter of air (f/cc).

[[Page 302]]

(ii) Excursion limit. No miner shall be exposed at any time to
airborne concentrations of asbestos in excess of 1 fiber per cubic
centimeter of air (f/cc) as averaged over a sampling period of 30
minutes.
(3) Measurement of airborne asbestos fiber concentration. Potential
asbestos fiber concentration shall be determined by phase contrast
microscopy (PCM) using the OSHA Reference Method in OSHA's asbestos
standard found in 29 CFR 1910.1001, Appendix A, or a method at least
equivalent to that method in identifying a potential asbestos exposure
exceeding the 0.1 f/cc full-shift limit or the 1 f/cc excursion limit.
When PCM results indicate a potential exposure exceeding the 0.1 f/cc
full-shift limit or the 1 f/cc excursion limit, samples shall be further
analyzed using transmission electron microscopy according to NIOSH
Method 7402 or a method at least equivalent to that method.
(c) Required action. Employees shall be withdrawn from areas where
there is present an airborne contaminant given a ``C'' designation by
the Conference and the concentration exceeds the threshold limit value
listed for that contaminant.

[89 FR 28468, Apr. 18, 2024]

Effective Date Note: At 89 FR 28469, Apr. 18, 2024, Sec. 56.5001T
was redesignated as Sec. 56.5001, effective Apr. 8, 2026.

fr.inspection@nara.gov
Sec. 56.5002 Exposure monitoring.

Dust, gas, mist, and fume surveys shall be conducted as frequently
as necessary to determine the adequacy of control measures.

Sec. 56.5005 Control of exposure to airborne contaminants.

The following is required until April 7, 2026. Control of employee
exposure to harmful airborne contaminants shall be, insofar as feasible,
by prevention of contamination, removal by exhaust ventilation, or by
dilution with uncontaminated air. However, where accepted, engineering
control measures have not been developed or when necessary by the nature
of work involved (for example, while establishing controls or occasional
entry into hazardous atmospheres to perform maintenance or
investigation), employees may work for reasonable periods of time in
concentrations of airborne contaminants exceeding permissible levels if
they are protected by appropriate respiratory protective equipment.
Whenever respiratory protective equipment is used a program for
selection, maintenance, training, fitting, supervision, cleaning, and
use shall meet the following minimum requirements:
(a) Respirators approved by NIOSH under 42 CFR part 84 which are
applicable and suitable for the purpose intended shall be furnished and
miners shall use the protective equipment in accordance with training
and instruction.
(b) A respirator program consistent with the requirements of ANSI
Z88.2-1969, published by the American National Standards Institute and
entitled ``American National Standards Practices for Respiratory
Protection ANSI Z88.2-1969,'' approved August 11, 1969, which is hereby
incorporated by reference and made a part hereof. This publication may
be obtained from the American National Standards Institute, Inc., 25 W.
43rd Street, 4th Floor, New York, NY 10036; http://www.ansi.org'', or
may be examined in any Metal and Nonmetal Mine Safety and Health
District Office of the Mine Safety and Health Administration.
(c) When respiratory protection is used in atmospheres immediately
harmful to life, the presence of at least one other person with backup
equipment and rescue capability shall be required in the event of
failure of the respiratory equipment.

[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 30400, June 8, 1995; 60
FR 33723, June 29, 1995; 60 FR 35695, July 11, 1995; 71 FR 16667, Apr.
3, 2006; 89 FR 28469, Apr. 18, 2024]

Effective Date Note: At 89 FR 28469, Apr. 18, 2024, Sec. 56.5005
was removed, effective Apr. 8, 2026.

Sec. 56.5005T Control of exposure to airborne contaminants.

[[Page 303]]

have not been developed or when necessary by the nature of work involved
(for example, while establishing controls or occasional entry into
hazardous atmospheres to perform maintenance or investigation),
employees may work for reasonable periods of time in concentrations of
airborne contaminants exceeding permissible levels if they are protected
by appropriate respiratory protective equipment. Whenever respiratory
protective equipment is used, its selection, fitting, maintenance,
cleaning, training, supervision, and use shall meet the following
minimum requirements:
(a) Respirators approved by NIOSH under 42 CFR part 84 which are
applicable and suitable for the purpose intended shall be furnished and
miners shall use the protective equipment in accordance with training
and instruction.
(b) A written respiratory protection program consistent with the
requirements of ASTM F3387-19, Standard Practice for Respiratory
Protection, approved August 1, 2019, which is incorporated by reference
into this section with the approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1 CFR part 51. This incorporation by
reference (IBR) material is available for inspection at the Mine Safety
and Health Administration (MSHA) and at the National Archives and
Records Administration (NARA). Contact MSHA at: MSHA's Office of
Standards, Regulations, and Variances, 201 12th Street South, Arlington,
VA 22202-5450; (202) 693-9440; or any Mine Safety and Health Enforcement
District Office. For information on the availability of this material at
NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email
. The material may be obtained from ASTM
International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken,
PA 19428-2959; www.astm.org.
(c) When respiratory protection is used in atmospheres immediately
dangerous to life or health (IDLH), the presence of at least one other
person with backup equipment and rescue capability shall be required in
the event of failure of the respiratory equipment.

[89 FR 28469, Apr. 18, 2024]

Effective Date Note: At 89 FR 28469, Apr. 18, 2024, Sec. 56.5005T
was redesignated as Sec. 56.5005, effective Apr. 8, 2026.

fr.inspection@nara.gov
Sec. 56.5006 Restricted use of chemicals.

The following chemical substances shall not be used or stored except
by competent persons under laboratory conditions approved by a
nationally recognized agency acceptable to the Secretary.
(a) Carbon tetrachloride.
(b) Phenol,
(c) 4-Nitrobiphenyl,
(d) Alpha-naphthylamine,
(e) 4,4-Methylene Bis (2-chloroaniline),
(f) Methyl-chloromethyl ether,
(g) 3,3 Dichlorobenzidine,
(h) Bis (chloromethyl) ether,
(i) Beta-napthylamine,
(j) Benzidine,
(k) 4-Aminodiphenyl,
(l) Ethyleneimine,
(m) Beta-propiolactone,
(n) 2-Acetylaminofluorene,
(o) 4-Dimethylaminobenzene, and
(p) N-Nitrosodimethylamine.

Subpart E_Explosives

Source: 61 FR 36795, July 12, 1996, unless otherwise noted.

Sec. 56.6000 Definitions.

The following definitions apply in this subpart.
Blasting agent. Any substance classified as a blasting agent by the
Department of Transportation in 49 CFR 173.114a(a). This document is
available at any MSHA Metal and Nonmetal Safety and Health district
office.
Detonating cord. A flexible cord containing a center core of high
explosives which may be used to initiate other explosives.
Detonator. Any device containing a detonating charge used to
initiate an explosive. These devices include electronic detonators,
electric or nonelectric instantaneous or delay blasting caps, and delay
connectors. The term ``detonator'' does not include detonating cord.
Detonators may be either ``Class A'' detonators or ``Class C''
detonators, as classified by the Department of Transportation in 49 CFR
173.53 and 173.100, which is available at

[[Page 304]]

any MSHA Metal and Nonmetal Safety and Health district office.
Flash point. The minimum temperature at which sufficient vapor is
released by a liquid to form a flammable vapor-air mixture near the
surface of the liquid.
Igniter cord. A fuse that burns progressively along its length with
an external flame at the zone of burning, used for lighting a series of
safety fuses in a desired sequence.
Magazine. A bullet-resistant, theft-resistant, fire-resistant,
weather-resistant, ventilated facility for the storage of explosives and
detonators (BATF Type 1 or Type 2 facility).
Misfire. The complete or partial failure of explosive material to
detonate as planned. The term also is used to describe the explosive
material itself that has failed to detonate.
Primer. A unit, package, or cartridge of explosives which contains a
detonator and is used to initiate other explosives or blasting agents.
Safety switch. A switch that provides shunt protection in blasting
circuits between the blast site and the switch used to connect a power
source to the blasting circuit.
Slurry. An explosive material containing substantial portions of a
liquid, oxidizers, and fuel, plus a thickener.
Water gel. An explosive material containing substantial portions of
water, oxidizers, and fuel, plus a cross-linking agent.

[50 FR 4054, Jan. 29, 1985, as amended at 67 FR 38385, June 4, 2002; 68
FR 32361, May 30, 2003; 69 FR 38840, June 29, 2004; 85 FR 2027, Jan. 14,
2020]

Storage

Sec. 56.6100 Separation of stored explosive material.

(a) Detonators shall not be stored in the same magazine with other
explosive material.
(b) When stored in the same magazine, blasting agents shall be
separated from explosives, safety fuse, and detonating cord to prevent
contamination.

Sec. 56.6101 Areas around explosive material storage facilities.

(a) Areas surrounding storage facilities for explosive material
shall be clear of rubbish, brush, dry grass, and trees for 25 feet in
all directions, except that live trees 10 feet or taller need not be
removed.
(b) Other combustibles shall not be stored or allowed to accumulate
within 50 feet of explosive material. Combustible liquids shall be
stored in a manner that ensures drainage will occur away from the
explosive material storage facility in case of tank rupture.

Sec. 56.6102 Explosive material storage practices.

(a) Explosive material shall be--
(1) Stored in a manner to facilitate use of oldest stocks first;
(2) Stored according to brand and grade in such a manner as to
facilitate identification; and
(3) Stacked in a stable manner but not more than 8 feet high.
(b) Explosives and detonators shall be stored in closed
nonconductive containers except that nonelectric detonating devices may
be stored on nonconductive racks provided the case-insert instructions
and the date-plant-shift code are maintained with the product.

Sec. 56.6130 Explosive material storage facilities.

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

[[Page 305]]

Sec. 56.6131 Location of explosive material storage facilities.

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

Sec. 56.6132 Magazine requirements.

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

Sec. 56.6133 Powder chests.

(a) Powder chests (day boxes) shall be--
(1) Structurally sound, weather-resistant, equipped with a lid or
cover, and with only nonsparking material on the inside;
(2) Posted with the appropriate United States Department of
Transportation placards or other appropriate warning signs that indicate
the contents and are visible from each approach;
(3) Located out of the blast area once loading has been completed;
(4) Locked or attended when containing explosive material; and
(5) Emptied at the end of each shift with the contents returned to a
magazine or other storage facility, or attended.
(b) Detonators shall be kept in chests separate from explosives or
blasting agents, unless separated by 4 inches of hardwood or equivalent,
or a laminated partition. When a laminated partition is used, operators
must follow the provisions of the Institute of Makers of Explosives
(IME) Safety Library Publication No. 22, ``Recommendations for the Safe
Transportation of Detonators in a Vehicle with Other Explosive
Materials'' (May 1993), and the ``Generic Loading Guide for the IME-22
Container'' (October 1993). The IME is located at 1120 19th Street NW.,
Suite 310, Washington, DC 20036-3605; 202-429-9280; https://www.ime.org.
This incorporation by reference has been approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies are available at MSHA's Office of Standards, Regulations, and
Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-
9440; and at all Metal and Nonmetal Mine Safety and Health District
Offices, or available for inspection at the National Archives and
Records Administration

[[Page 306]]

(NARA). For information on the availability of this material at NARA,
call 202-741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.

[50 FR 4054, Jan. 29, 1985, as amended at 67 FR 38385, June 4, 2002; 80
FR 52987, Sept. 2, 2015]

Transportation

Sec. 56.6200 Delivery to storage or blast site areas.

Explosive material shall be transported without undue delay to the
storage area or blast site.

Sec. 56.6201 Separation of transported explosive material.

Detonators shall not be transported on the same vehicle or
conveyance with other explosives except as follows:
(a) Detonators in quantities of more than 1000 may be transported in
a vehicle or conveyance with explosives or blasting agents provided the
detonators are--
(1) Maintained in the original packaging as shipped from the
manufacturer; and
(2) Separated from explosives or blasting agents by 4 inches of
hardwood or equivalent, or a laminated partition. The hardwood or
equivalent shall be fastened to the vehicle or conveyance. When a
laminated partition is used, operators must follow the provisions of the
Institute of Makers of Explosives (IME) Safety Library Publication
No.22, ``Recommendations for the Safe Transportation of Detonators in a
Vehicle with Other Explosive Materials'' (May 1993), and the ``Generic
Loading Guide for the IME-22 Container'' (October 1993). The IME is
located at 1120 19th Street NW., Suite 310, Washington, DC 20036-3605;
202-429-9280; https://www.ime.org. This incorporation by reference has
been approved by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA's Office
of Standards, Regulations, and Variances, 201 12th Street South,
Arlington, VA 22202-5452; 202-693-9440; and at all Metal and Nonmetal
Mine Safety and Health District Offices, or available for inspection at
the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030, or go
to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
(b) Detonators in quantities of 1000 or fewer may be transported
with explosives or blasting agents provided the detonators are--
(1) Kept in closed containers; and
(2) Separated from explosives or blasting agents by 4 inches of
hardwood or equivalent, or a laminated partition. The hardwood or
equivalent shall be fastened to the vehicle or conveyance. When a
laminated partition is used, operators must follow the provisions of IME
Safety Library Publication No. 22, ``Recommendations for the Safe
Transportation of Detonators in a Vehicle with Other Explosive
Materials'' (May 1993), and the ``Generic Loading Guide for the IME-22
Container'' (October 1993). The IME is located at 1120 19th Street NW.,
Suite 310, Washington, DC 20036-3605; 202-429-9280; https://www.ime.org.
This incorporation by reference has been approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies are available at MSHA's Office of Standards, Regulations, and
Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-
9440; and at all Metal and Nonmetal Mine Safety and Health District
Offices, or available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

[50 FR 4054, Jan. 29, 1985, as amended at 67 FR 38385, June 4, 2002; 80
FR 52987, Sept. 2, 2015]

Sec. 56.6202 Vehicles.

(a) Vehicles containing explosive material shall be--
(1) Maintained in good condition and shall comply with the
requirements of subpart M of this part;

[[Page 307]]

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

Sec. 56.6203 Locomotives.

Explosive material shall not be transported on a locomotive. When
explosive material is hauled by trolley locomotive, covered,
electrically insulated cars shall be used.

Sec. 56.6204 Hoists.

(a) Before explosive material is transported in hoist conveyances,
the hoist operator shall be notified.
(b) Explosive material transported in hoist conveyances shall be
placed within a container which prevents shifting of the cargo that
could cause detonation of the container by impact or by sparks. The
manufacturer's container may be used if secured to a nonconductive
pallet. When explosives are transported, they shall be secured so as not
to contact any sparking material.
(c) No explosive material shall be transported during a mantrip.

Sec. 56.6205 Conveying explosives by hand.

Closed, nonconductive containers shall be used to carry explosives
and detonators to and from blast sites. Separate containers shall be
used for explosives and detonators.

Use

Sec. 56.6300 Control of blasting operations.

(a) Only persons trained and experienced in the handling and use of
explosive material shall direct blasting operations and related
activities.
(b) Trainees and inexperienced persons shall work only in the
immediate presence of persons trained and experienced in the handling
and use of explosive material.

Sec. 56.6301 Blasthole obstruction check.

Before loading, blastholes shall be checked and, wherever possible,
cleared of obstructions.

Sec. 56.6302 Separation of explosive material.

Explosives and blasting agents shall be kept separated from
detonators until loading begins.

Sec. 56.6303 Initiation preparation.

(a) Primers shall be made up only at the time of use and as close to
the blast site as conditions allow.
(b) Primers shall be prepared with the detonator contained securely
and completely within the explosive or contained securely and
appropriately for its design in the tunnel or cap well.
(c) When using detonating cord to initiate another explosive, a
connection shall be prepared with the detonating cord threaded through,
attached securely to, or otherwise in contact with the explosive.

[[Page 308]]

Sec. 56.6304 Primer protection.

(a) Tamping shall not be done directly on a primer.
(b) Rigid cartridges of explosives or blasting agents that are 4
inches (100 millimeters) in diameter or larger shall not be dropped on
the primer except where the blasthole contains sufficient depth of water
to protect the primer from impact. Slit packages of prill, water gel, or
emulsions are not considered rigid cartridges and may be drop loaded.

Sec. 56.6305 Unused explosive material.

Unused explosive material shall be moved to a protected location as
soon as practical after loading operations are completed.

Sec. 56.6306 Loading, blasting, and security.

(a) When explosive materials or initiating systems are brought to
the blast site, the blast site shall be attended; barricaded and posted
with warning signs, such as ``Danger,'' ``Explosives,'' or ``Keep Out;''
or flagged against unauthorized entry.
(b) Vehicles and equipment shall not be driven over explosive
material or initiating systems in a manner which could contact the
material or systems, or create other hazards.
(c) Once loading begins, the only activities permitted within the
blast site shall be those activities directly related to the blasting
operation and the activities of surveying, stemming, sampling of
geology, and reopening of holes, provided that reasonable care is
exercised. Haulage activity is permitted near the base of a highwall
being loaded or awaiting firing, provided no other haulage access
exists.
(d) Loading and blasting shall be conducted in a manner designed to
facilitate a continuous process, with the blast fired as soon as
possible following the completion of loading. If blasting a loaded round
may be delayed for more than 72 hours, the operator shall notify the
appropriate MSHA district office.
(e) In electric blasting prior to connecting to the power source,
and in nonelectric blasting prior to attaching an initiating device, all
persons shall leave the blast area except persons in a blasting shelter
or other location that protects them from concussion (shock wave),
flying material, and gases.
(f) Before firing a blast--
(1) Ample warning shall be given to allow all persons to be
evacuated;
(2) Clear exit routes shall be provided for persons firing the
round; and
(3) All access routes to the blast area shall be guarded or
barricaded to prevent the passage of persons or vehicles.
(g) Work shall not resume in the blast area until a post-blast
examination addressing potential blast-related hazards has been
conducted by a person with the ability and experience to perform the
examination.

Sec. 56.6307 Drill stem loading.

Explosive material shall not be loaded into blastholes with drill
stem equipment or other devices that could be extracted while containing
explosive material. The use of loading hose, collar sleeves, or collar
pipes is permitted.

Sec. 56.6308 Initiation systems.

Initiation systems shall be used in accordance with the
manufacturer's instructions.

Sec. 56.6309 Fuel oil requirements for ANFO.

(a) Liquid hydrocarbon fuels with flash points lower than that of
No. 2 diesel oil (125 [deg]F) shall not be used to prepare ammonium
nitrate-fuel oil, except that diesel fuels with flash points no lower
than 100 [deg]F may be used at ambient air temperatures below 45 [deg]F.
(b) Waste oil, including crankcase oil, shall not be used to prepare
ammonium nitrate-fuel oil.

Sec. 56.6310 Misfire waiting period.

When a misfire is suspected, persons shall not enter the blast
area--
(a) For 30 minutes if safety fuse and blasting caps are used;
(b) For 15 minutes if any other type detonators are used; or
(c) For 30 minutes if electronic detonators are used, or for the
manufacturer-recommended time, whichever is longer.

[61 FR 36795, July 12, 1996, as amended at 85 FR 2027, Jan. 14, 2020]

[[Page 309]]

Sec. 56.6311 Handling of misfires.

(a) Faces and muck piles shall be examined for misfires after each
blasting operation.
(b) Only work necessary to remove a misfire and protect the safety
of miners engaged in the removal shall be permitted in the affected area
until the misfire is disposed of in a safe manner.
(c) When a misfire cannot be disposed of safely, each approach to
the area affected by the misfire shall be posted with a warning sign at
a conspicuous location to prohibit entry, and the condition shall be
reported immediately to mine management.
(d) Misfires occurring during the shift shall be reported to mine
management not later than the end of the shift.

Sec. 56.6312 Secondary blasting.

Secondary blasts fired at the same time in the same work area shall
be initiated from one source.

Electric Blasting

Sec. 56.6400 Compatibility of electric detonators.

All electric detonators to be fired in a round shall be from the
same manufacturer and shall have similar electrical firing
characteristics.

Sec. 56.6401 Shunting.

Except during testing--
(a) Electric detonators shall be kept shunted until connected to the
blasting line or wired into a blasting round;
(b) Wired rounds shall be kept shunted until connected to the
blasting line; and
(c) Blasting lines shall be kept shunted until immediately before
blasting.

Sec. 56.6402 Deenergized circuits near detonators.

Electrical distribution circuits within 50 feet of electric
detonators at the blast site shall be deenergized. Such circuits need
not be deenergized between 25 to 50 feet of the electric detonators if
stray current tests, conducted as frequently as necessary, indicate a
maximum stray current of less than 0.05 amperes through a 1-ohm resistor
as measured at the blast site.

Sec. 56.6403 Branch circuits.

(a) If electric blasting includes the use of branch circuits, each
branch shall be equipped with a safety switch or equivalent method to
isolate the circuits to be used.
(b) At least one safety switch or equivalent method of protection
shall be located outside the blast area and shall be in the open
position until persons are withdrawn.

Sec. 56.6404 Separation of blasting circuits from power source.

(a) Switches used to connect the power source to a blasting circuit
shall be locked in the open position except when closed to fire the
blast.
(b) Lead wires shall not be connected to the blasting switch until
the shot is ready to be fired.

Sec. 56.6405 Firing devices.

(a) Power sources shall be capable of delivering sufficient current
to energize all electric detonators to be fired with the type of
circuits used. Storage or dry cell batteries are not permitted as power
sources.
(b) Blasting machines shall be tested, repaired, and maintained in
accordance with manufacturer's instructions.
(c) Only the blaster shall have the key or other control to an
electrical firing device.

Sec. 56.6406 Duration of current flow.

If any part of a blast is connected in parallel and is to be
initiated from powerlines or lighting circuits, the time of current flow
shall be limited to a maximum of 25 milliseconds. This can be
accomplished by incorporating an arcing control device in the blasting
circuit or by interrupting the circuit with an explosive device attached
to one or both lead lines and initiated by a 25-millisecond delay
electric detonator.

Sec. 56.6407 Circuit testing.

A blasting galvanometer or other instrument designed for testing
blasting circuits shall be used to test each of the following:
(a) Continuity of each electric or electronic detonator in the
blasthole

[[Page 310]]

prior to stemming and connection to the blasting line.
(b) Resistance of individual series or the resistance of multiple
balanced series to be connected in parallel prior to their connection to
the blasting line.
(c) Continuity of blasting lines prior to the connection of electric
or electronic detonator series.
(d) Total blasting circuit resistance prior to connection to the
power source.

[61 FR 36795, July 12, 1996, as amended at 85 FR 2027, Jan. 14, 2020]

Nonelectric Blasting

Sec. 56.6500 Damaged initiating material.

A visual check of the completed circuit shall be made to ensure that
the components are properly aligned and connected. Safety fuse, igniter
cord, detonating cord, shock or gas tubing, and similar material which
is kinked, bent sharply, or damaged shall not be used.

Sec. 56.6501 Nonelectric initiation systems.

(a) When the nonelectric initiation system uses shock tube--
(1) Connections with other initiation devices shall be secured in a
manner which provides for uninterrupted propagation;
(2) Factory-made units shall be used as assembled and shall not be
cut except that a single splice is permitted on the lead-in trunkline
during dry conditions; and
(3) Connections between blastholes shall not be made until
immediately prior to clearing the blast site when surface delay
detonators are used.
(b) When the nonelectric initiation system uses detonating cord--
(1) The line of detonating cord extending out of a blasthole shall
be cut from the supply spool immediately after the attached explosive is
correctly positioned in the hole;
(2) In multiple row blasts, the trunkline layout shall be designed
so that the detonation can reach each blasthole from at least two
directions;
(3) Connections shall be tight and kept at right angles to the
trunkline;
(4) Detonators shall be attached securely to the side of the
detonating cord and pointed in the direction in which detonation is to
proceed;
(5) Connections between blastholes shall not be made until
immediately prior to clearing the blast site when surface delay
detonators are used; and
(6) Lead-in lines shall be manually unreeled if connected to the
trunklines at the blast site.
(c) When the nonelectric initiation system uses gas tube, continuity
of the circuit shall be tested prior to blasting.

Sec. 56.6502 Safety fuse.

(a) The burning rate of each spool of safety fuse to be used shall
be measured, posted in locations which will be conspicuous to safety
fuse users, and brought to the attention of all persons involved with
the blasting operation.
(b) When firing with safety fuse ignited individually using handheld
lighters, the safety fuse shall be of lengths which provide at least the
minimum burning time for a particular size round, as specified in the
following table:

Table E-1--Safety Fuse--Minimum Burning Time
------------------------------------------------------------------------
Number of holes in a round Minimum burning time
------------------------------------------------------------------------
1...................................... 2 min. \1\
2-5.................................... 2 min. 40 sec.
6-10................................... 3 min. 20 sec.
11 to 15............................... 5 min.
------------------------------------------------------------------------
\1\ For example, at least a 36-inch length of 40-second-per-foot safety
fuse or at least a 48-inch length of 30-second-per-foot safety fuse
would have to be used to allow sufficient time to evacuate the area.

(c) Where flyrock might damage exposed safety fuse, the blast shall
be timed so that all safety fuses are burning within the blastholes
before any blasthole detonates.
(d) Fuse shall be cut and capped in dry locations.
(e) Blasting caps shall be crimped to fuse only with implements
designed for that purpose.
(f) Safety fuse shall be ignited only after the primer and the
explosive material are securely in place.
(g) Safety fuse shall be ignited only with devices designed for that
purpose. Carbide lights, liquefied petroleum gas torches, and cigarette
lighters shall not be used to light safety fuse.
(h) At least two persons shall be present when lighting safety fuse,
and

[[Page 311]]

no one shall light more than 15 individual fuses. If more than 15 holes
per person are to be fired, electric initiation systems, igniter cord
and connectors, or other nonelectric initiation systems shall be used.

Extraneous Electricity

Sec. 56.6600 Loading practices.

If extraneous electricity is suspected in an area where electric
detonators are used, loading shall be suspended until tests determine
that stray current does not exceed 0.05 amperes through a 1-ohm resister
when measured at the location of the electric detonators. If greater
levels of extraneous electricity are found, the source shall be
determined and no loading shall take place until the condition is
corrected.

Sec. 56.6601 Grounding.

Electric blasting circuits, including powerline sources when used,
shall not be grounded.

Sec. 56.6602 Static electricity dissipation during loading.

When explosive material is loaded pneumatically into a blasthole in
a manner that generates a static electricity hazard--
(a) An evaluation of the potential static electricity hazard shall
be made and any hazard shall be eliminated before loading begins;
(b) The loading hose shall be of a semiconductive type, have a total
of not more than 2 megohms of resistance over its entire length and not
less than 1000 ohms of resistance per foot;
(c) Wire-countered hoses shall not be used;
(d) Conductive parts of the loading equipment shall be bonded and
grounded and grounds shall not be made to other potential sources of
extraneous electricity; and
(e) Plastic tubes shall not be used as hole liners if the hole
contains an electric detonator.

Sec. 56.6603 Air gap.

At least a 15-foot air gap shall be provided between the blasting
circuit and the electric power source.

Sec. 56.6604 Precautions during storms.

During the approach and progress of an electrical storm, blasting
operations shall be suspended and persons withdrawn from the blast area
or to a safe location.

Sec. 56.6605 Isolation of blasting circuits.

Lead wires and blasting lines shall be isolated and insulated from
power conductors, pipelines, and railroad tracks, and shall be protected
from sources of stray or static electricity. Blasting circuits shall be
protected from any contact between firing lines and overhead powerlines
which could result from the force of a blast.

Equipment/Tools

Sec. 56.6700 Nonsparking tools.

Only nonsparking tools shall be used to open containers of explosive
material or to punch holes in explosive cartridges.

Sec. 56.6701 Tamping and loading pole requirements.

Tamping and loading poles shall be of wood or other nonconductive,
nonsparking material. Couplings for poles shall be nonsparking.

Maintenance

Sec. 56.6800 Storage facilities.

When repair work which could produce a spark or flame is to be
performed on a storage facility--
(a) The explosive material shall be moved to another facility, or
moved at least 50 feet from the repair activity and monitored; and
(b) The facility shall be cleaned to prevent accidental detonation.

Sec. 56.6801 Vehicle repair.

Vehicles containing explosive material and oxidizers shall not be
taken into a repair garage or shop.

Sec. 56.6802 Bulk delivery vehicles.

No welding or cutting shall be performed on a bulk delivery vehicle
until the vehicle has been washed down and all explosive material has
been removed. Before welding or cutting on a hollow shaft, the shaft
shall be thoroughly cleaned inside and out and

[[Page 312]]

vented with a minimum \1/2\-inch diameter opening to allow for
sufficient ventilation.

Sec. 56.6803 Blasting lines.

Permanent blasting lines shall be properly supported. All blasting
lines shall be insulated and kept in good repair.

General Requirements

Sec. 56.6900 Damaged or deteriorated explosive material.

Damaged or deteriorated explosive material shall be disposed of in a
safe manner in accordance with the instructions of the manufacturer.

Sec. 56.6901 Black powder.

(a) Black powder shall be used for blasting only when a desired
result cannot be obtained with another type of explosive, such as in
quarrying certain types of dimension stone.
(b) Containers of black powder shall be--
(1) Nonsparking;
(2) Kept in a totally enclosed cargo space while being transported
by a vehicle;
(3) Securely closed at all times when--
(i) Within 50 feet of any magazine or open flame;
(ii) Within any building in which a fuel-fired or exposed-element
electric heater is operating; or
(iii) In an area where electrical or incandescent-particle sparks
could result in powder ignition; and
(4) Opened only when the powder is being transferred to a blasthole
or another container and only in locations not listed in paragraph
(b)(3) of this section.
(c) Black powder shall be transferred from containers only by
pouring.
(d) Spills shall be cleaned up promptly with nonsparking equipment.
Contaminated powder shall be put into a container of water and shall be
disposed of promptly after the granules have disintegrated, or the spill
area shall be flushed promptly with water until the granules have
disintegrated completely.
(e) Misfires shall be disposed of by washing the stemming and powder
charge from the blasthole, and removing and disposing of the initiator
in accordance with the requirement for damaged explosives.
(f) Holes shall not be reloaded for at least 12 hours when the
blastholes have failed to break as planned.

Sec. 56.6902 Excessive temperatures.

(a) Where heat could cause premature detonation, explosive material
shall not be loaded into hot areas, such as kilns or sprung holes.
(b) When blasting sulfide ores where hot holes occur that may react
with explosive material in blastholes, operators shall--
(1) Measure an appropriate number of blasthole temperatures in order
to assess the specific mine conditions prior to the introduction of
explosive material;
(2) Limit the time between the completion of loading and the
initiation of the blast to no more than 12 hours; and
(3) Take other special precautions to address the specific
conditions at the mine to prevent premature detonation.

Sec. 56.6903 Burning explosive material.

If explosive material is suspected of burning at the blast site,
persons shall be evacuated from the endangered area and shall not return
for at least one hour after the burning or suspected burning has
stopped.

Sec. 56.6904 Smoking and open flames.

Smoking and use of open flames shall not be permitted within 50 feet
of explosive material except when separated by permanent noncombustible
barriers. This standard does not apply to devices designed to ignite
safety fuse or to heating devices which do not create a fire or
explosion hazard.

Sec. 56.6905 Protection of explosive material.

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

[[Page 313]]

Subpart F_Drilling and Rotary Jet Piercing

Drilling

Sec. 56.7002 Equipment defects.

Equipment defects affecting safety shall be corrected before the
equipment is used.

Sec. 56.7003 Drill area inspection.

The drilling area shall be inspected for hazards before starting the
drilling operations.

Sec. 56.7004 Drill mast.

Persons shall not be on a mast while the drill-bit is in operation
unless they are provided with a safe platform from which to work and
they are required to use safety belts to avoid falling.

Sec. 56.7005 Augers and drill stems.

Drill crews and others shall stay clear of augers or drill stems
that are in motion. Persons shall not pass under or step over a moving
stem or auger.

Sec. 56.7008 Moving the drill.

When a drill is being moved from one drilling area to another, drill
steel, tools, and other equipment shall be secured and the mast placed
in a safe position.

Sec. 56.7009 Drill helpers.

If a drill helper assists the drill operator during movement of a
drill to a new location, the helper shall be in sight of, or in
communication with, the operator at all times.

Sec. 56.7010 Power failures.

In the event of power failure, drill controls shall be placed in the
neutral position until power is restored.

Sec. 56.7011 Straightening crossed cables.

The drill stem shall be resting on the bottom of the hole or on the
platform with the stem secured to the mast before attempts are made to
straighten a crossed cable on a reel.

Sec. 56.7012 Tending drills in operation.

While in operation, drills shall be attended at all times.

Sec. 56.7013 Covering or guarding drill holes.

Drill holes large enough to constitute a hazard shall be covered or
guarded.

Sec. 56.7018 Hand clearance.

Persons shall not hold the drill steel while collaring holes, or
rest their hands on the chuck or centralizer while drilling.

Sec. 56.7050 Tool and drill steel racks.

Receptacles or racks shall be provided for drill steel and tools
stored or carried on drills.

Sec. 56.7051 Loose objects on the mast or drill platform.

To prevent injury to personnel, tools and other objects shall not be
left loose on the mast or drill platform.

Sec. 56.7052 Drilling positions.

Persons shall not drill from--
(a) Positions which hinder their access to the control levers;
(b) Insecure footing or insecure staging; or
(c) Atop equipment not suitable for drilling.

Sec. 56.7053 Moving hand-held drills.

Before hand-held drills are moved from one working area to another,
air shall be turned off and bled from the hose.

Sec. 56.7055 Intersecting holes.

Holes shall not be drilled where there is a danger of intersecting a
misfired hole or a hole containing explosives blasting agents, or
detonators.

[56 FR 46508, Sept. 12, 1991]

Sec. 56.7056 Collaring in bootlegs.

Holes shall not be collared in bootlegs.

[56 FR 46508, Sept. 12, 1991]

Rotary Jet Piercing

Sec. 56.7801 Jet drills.

Jet piercing drills shall be provided with--
(a) A system to pressurize the equipment operator's cab, when a cab
is provided; and

[[Page 314]]

(b) A protective cover over the oxygen flow indicator.

Sec. 56.7802 Oxygen hose lines.

Safety chains or other suitable locking devices shall be provided
across connections to and between high pressure oxygen hose lines of 1-
inch inside diameter or larger.

Sec. 56.7803 Lighting the burner.

A suitable means of protection shall be provided for the employee
when lighting the burner.

Sec. 56.7804 Refueling.

When rotary jet piercing equipment requires refueling at locations
other than fueling stations, a system for fueling without spillage shall
be provided.

Sec. 56.7805 Smoking and open flames.

Persons shall not smoke and open flames shall not be used in the
vicinity of the oxygen storage and supply lines. Signs warning against
smoking and open flames shall be posted in these areas.

Sec. 56.7806 Oxygen intake coupling.

The oxygen intake coupling on jet-piercing drills shall be
constructed so that only the oxygen hose can be coupled to it.

Sec. 56.7807 Flushing the combustion chamber.

The combustion chamber of a jet drill stem which has been sitting
unoperated in a drill hole shall be flushed with a suitable solvent
after the stem is pulled up.

Subpart G [Reserved]

Subpart H_Loading, Hauling, and Dumping

Source: 53 FR 32520, Aug. 25, 1988, unless otherwise noted.

Traffic Safety

Sec. 56.9100 Traffic control.

To provide for the safe movement of self-propelled mobile
equipment--
(a) Rules governing speed, right-of-way, direction of movement, and
the use of headlights to assure appropriate visibility, shall be
established and followed at each mine; and
(b) Signs or signals that warn of hazardous conditions shall be
placed at appropriate locations at each mine.

Sec. 56.9101 Operating speeds and control of equipment.

Operators of self-propelled mobile equipment shall maintain control
of the equipment while it is in motion. Operating speeds shall be
consistent with conditions of roadways, tracks, grades, clearance,
visibility, and traffic, and the type of equipment used.

Sec. 56.9102 Movement of independently operating rail equipment.

Movement of two or more pieces of rail equipment operating
independently on the same track shall be controlled for safe operation.

Sec. 56.9103 Clearance on adjacent tracks.

Railcars shall not be left on side tracks unless clearance is
provided for traffic on adjacent tracks.

Sec. 56.9104 Railroad crossings.

Designated railroad crossings shall be posted with warning signs or
signals, or shall be guarded when trains are passing. These crossings
shall also be planked or filled between the rails.

Transportation of Persons and Materials

Sec. 56.9200 Transporting persons.

[[Page 315]]

equipment, except when necessary for maintenance, testing, or training
purposes, and provisions are made for secure travel. This provision does
not apply to rail equipment.
(e) Between cars of trains, on the leading end of trains, on the
leading end of a single railcar, or in other locations on trains that
expose persons to hazards from train movement.
(1) This paragraph does not apply to car droppers if they are
secured with safety belts and lines which prevent them from falling off
the work platform.
(2) Brakemen and trainmen are prohibited from riding between cars of
moving trains, but may ride on the leading end of trains or other
locations when necessary to perform their duties;
(f) To and from work areas in overcrowded mobile equipment;
(g) In mobile equipment with materials or equipment unless the items
are secured or are small and can be carried safely by hand without
creating a hazard to persons; or
(h) On conveyors unless the conveyors are designed to provide for
their safe transportation.

Sec. 56.9201 Loading, hauling, and unloading of equipment or supplies.

Equipment and supplies shall be loaded, transported, and unloaded in
a manner which does not create a hazard to persons from falling or
shifting equipment or supplies.

Sec. 56.9202 Loading and hauling large rocks.

Large rocks shall be broken before loading if they could endanger
persons or affect the stability of mobile equipment. Mobile equipment
used for haulage of mined material shall be loaded to minimize spillage
where a hazard to persons could be created.

Safety Devices, Provisions, and Procedures for Roadways, Railroads, and
Loading and Dumping Sites

Sec. 56.9300 Berms or guardrails.

(a) Berms or guardrails shall be provided and maintained on the
banks of roadways where a drop-off exists of sufficient grade or depth
to cause a vehicle to overturn or endanger persons in equipment.
(b) Berms or guardrails shall be at least mid-axle height of the
largest self-propelled mobile equipment which usually travels the
roadway.
(c) Berms may have openings to the extent necessary for roadway
drainage.
(d) Where elevated roadways are infrequently traveled and used only
by service or maintenance vehicles, berms or guardrails are not required
when all of the following are met:
(1) Locked gates are installed at the entrance points to the
roadway.
(2) Signs are posted warning that the roadway is not bermed.
(3) Delineators are installed along the perimeter of the elevated
roadway so that, for both directions of travel, the reflective surfaces
of at least three delineators along each elevated shoulder are always
visible to the driver and spaced at intervals sufficient to indicate the
edges and attitude of the roadway.
(4) A maximum speed limit is posted and observed for the elevated
unbermed portions of the roadway. Factors to consider when establishing
the maximum speed limit shall include the width, slope and alignment of
the road, the type of equipment using the road, the road material, and
any hazardous conditions which may exist.
(5) Road surface traction is not impaired by weather conditions,
such as sleet and snow, unless corrective measures are taken to improve
traction.
(e) This standard is not applicable to rail beds.

[53 FR 32520, Aug. 25, 1988, as amended at 55 FR 37218, Sept. 7, 1990]

Sec. 56.9301 Dump site restraints.

Berms, bumper blocks, safety hooks, or similar impeding devices
shall be provided at dumping locations where there is a hazard of
overtravel or overturning.

Sec. 56.9302 Protection against moving or runaway railroad equipment.

Stopblocks, derail devices, or other devices that protect against
moving or runaway rail equipment shall be installed wherever necessary
to protect persons.

[[Page 316]]

Sec. 56.9303 Construction of ramps and dumping facilities.

Ramps and dumping facilities shall be designed and constructed of
materials capable of supporting the loads to which they will be
subjected. The ramps and dumping facilities shall provide width,
clearance, and headroom to safely accommodate the mobile equipment using
the facilities.

Sec. 56.9304 Unstable ground.

(a) Dumping locations shall be visually inspected prior to work
commencing and as ground conditions warrant.
(b) Where there is evidence that the ground at a dumping location
may fail to support the mobile equipment, loads shall be dumped a safe
distance back from the edge of the unstable area of the bank.

Sec. 56.9305 Truck spotters.

(a) If truck spotters are used, they shall be in the clear while
trucks are backing into dumping position or dumping.
(b) Spotters shall use signal lights to direct trucks where
visibility is limited.
(c) When a truck operator cannot clearly recognize the spotter's
signals, the truck shall be stopped.

Sec. 56.9306 Warning devices for restricted clearances.

Where restricted clearance creates a hazard to persons on mobile
equipment, warning devices shall be installed in advance of the
restricted area and the restricted area shall be conspicuously marked.

Sec. 56.9307 Design, installation, and maintenance of railroads.

Roadbeds and all elements of the railroad tracks shall be designed,
installed, and maintained to provide safe operation consistent with the
speed and type of haulage used.

Sec. 56.9308 Switch throws.

Switch throws shall be installed to provide clearance to protect
switchmen from contact with moving trains.

Sec. 56.9309 Chute design.

Chute-loading installations shall be designed to provide a safe
location for persons pulling chutes.

Sec. 56.9310 Chute hazards.

(a) Prior to chute-pulling, persons who could be affected by the
draw or otherwise exposed to danger shall be warned and given time to
clear the hazardous area.
(b) Persons attempting to free chute hangups shall be experienced
and familiar with the task, know the hazards involved, and use the
proper tools to free material.
(c) When broken rock or material is dumped into an empty chute, the
chute shall be equipped with a guard or all persons shall be isolated
from the hazard of flying rock or material.

Sec. 56.9311 Anchoring stationary sizing devices.

Grizzlies and other stationary sizing devices shall be securely
anchored.

Sec. 56.9312 Working around drawholes.

Unless platforms or safety lines are used, persons shall not
position themselves over drawholes if there is danger that broken rock
or material may be withdrawn or bridged.

Sec. 56.9313 Roadway maintenance.

Water, debris, or spilled material on roadways which creates hazards
to the operation of mobile equipment shall be removed.

Sec. 56.9314 Trimming stockpile and muckpile faces.

Stockpile and muckpile faces shall be trimmed to prevent hazards to
persons.

Sec. 56.9315 Dust control.

Dust shall be controlled at muck piles, material transfer points,
crushers, and on haulage roads where hazards to persons would be created
as a result of impaired visibility.

Sec. 56.9316 Notifying the equipment operator.

When an operator of self-propelled mobile equipment is present,
persons shall notify the equipment operator before getting on or off
that equipment.

[[Page 317]]

Sec. 56.9317 Suspended loads.

Persons shall not work or pass under the buckets or booms of loaders
in operation.

Sec. 56.9318 Getting on or off moving equipment.

Persons shall not get on or off moving mobile equipment. This
provision does not apply to trainmen, brakemen, and car droppers who are
required to get on or off slowly moving trains in the performance of
their work duties.

Sec. 56.9319 Going over, under, or between railcars.

Persons shall not go over, under, or between railcars unless:
(a) The train is stopped; and
(b) The train operator, when present, is notified and the notice
acknowledged.

Sec. 56.9330 Clearance for surface equipment.

Continuous clearance of at least 30 inches from the farthest
projection of moving railroad equipment shall be provided on at least
one side of the tracks at all locations where possible or the area shall
be marked conspicuously.

Subpart I_Aerial Tramways

Sec. 56.10001 Filling buckets.

Buckets shall not be overloaded, and feed shall be regulated to
prevent spillage.

Sec. 56.10002 Inspection and maintenance.

Inspection and maintenance of carriers (including loading and
unloading mechanisms), ropes and supports, and brakes shall be performed
by competent persons according to the recommendations of the
manufacturer.

Sec. 56.10003 Correction of defects.

Any hazardous defects shall be corrected before the equipment is
used.

Sec. 56.10004 Brakes.

Positive-action-type brakes and devices which apply the brakes
automatically in the event of a power failure shall be provided on
aerial tramways.

Sec. 56.10005 Track cable connections.

Track cable connections shall not obstruct the passage of carriage
wheels.

Sec. 56.10006 Tower guards.

Towers shall be suitably protected from swaying buckets.

Sec. 56.10007 Falling object protection.

Guard nets or other suitable protection shall be provided where
tramways pass over roadways, walkways, or buildings.

Sec. 56.10008 Riding tramways.

Persons other than maintenance persons shall not ride aerial
tramways unless the following features are provided:
(a) Two independent brakes, each capable of holding the maximum
load;
(b) Direct communication between terminals;
(c) Power drives with emergency power available in case of primary
power failure; and
(d) Buckets equipped with positive locks to prevent accidental
tripping or dumping.

Sec. 56.10009 Riding loaded buckets.

Persons shall not ride loaded buckets.

Sec. 56.10010 Starting precautions.

Where possible, aerial tramways shall not be started until the
operator has ascertained that everyone is in the clear.

Subpart J_Travelways

Sec. 56.11001 Safe access.

Safe means of access shall be provided and maintained to all working
places.

Sec. 56.11002 Handrails and toeboards.

Crossovers, elevated walkways, elevated ramps, and stairways shall
be of substantial construction provided with handrails, and maintained
in good condition. Where necessary, toeboards shall be provided.

[[Page 318]]

Sec. 56.11003 Construction and maintenance of ladders.

Ladders shall be of substantial construction and maintained in good
condition.

Sec. 56.11004 Portable rigid ladders.

Portable rigid ladders shall be provided with suitable bases and
placed securely when used.

Sec. 56.11005 Fixed ladder anchorage and toe clearance.

Fixed ladders shall be anchored securely and installed to provide at
least 3 inches of toe clearance.

Sec. 56.11006 Fixed ladder landings.

Fixed ladders shall project at least 3 feet above landings, or
substantial handholds shall be provided above the landings.

Sec. 56.11007 Wooden components of ladders.

Wooden components of ladders shall not be painted except with a
transparent finish.

Sec. 56.11008 Restricted clearance.

Where restricted clearance creates a hazard to persons, the
restricted clearance shall be conspicuously marked.

[53 FR 32521, Aug. 25, 1988]

Sec. 56.11009 Walkways along conveyors.

Walkways with outboard railings shall be provided wherever persons
are required to walk alongside elevated conveyor belts. Inclined railed
walkways shall be nonskid or provided with cleats.

Sec. 56.11010 Stairstep clearance.

Vertical clearance above stair steps shall be a minimum of seven
feet, or suitable warning signs or similar devices shall be provided to
indicate an impaired clearance.

Sec. 56.11011 Use of ladders.

Persons using ladders shall face the ladders and have both hands
free for climbing and descending.

Sec. 56.11012 Protection for openings around travelways.

Openings above, below, or near travelways through which persons or
materials may fall shall be protected by railings, barriers, or covers.
Where it is impractical to install such protective devices, adequate
warning signals shall be installed.

Sec. 56.11013 Conveyor crossovers.

Crossovers shall be provided where it is necessary to cross
conveyors.

Sec. 56.11014 Crossing moving conveyors.

Moving conveyors shall be crossed only at designated crossover
points.

Sec. 56.11016 Snow and ice on walkways and travelways.

Regularly used walkways and travelways shall be sanded, salted, or
cleared of snow and ice as soon as practicable.

Sec. 56.11017 Inclined fixed ladders.

Fixed ladders shall not incline backwards.

Sec. 56.11025 Railed landings, backguards, and other protection
for fixed ladders.

Fixed ladders, except on mobile equipment, shall be offset and have
substantial railed landings at least every 30 feet unless backguards or
equivalent protection, such as safety belts and safety lines, are
provided.

Sec. 56.11026 Protection for inclined fixed ladders.

Fixed ladders 70 degrees to 90 degrees from the horizontal and 30
feet or more in length shall have backguards, cages or equivalent
protection, starting at a point not more than seven feet from the bottom
of the ladders.

Sec. 56.11027 Scaffolds and working platforms.

Scaffolds and working platforms shall be of substantial construction
and provided with handrails and maintained in good condition. Floor
boards shall be laid properly and the scaffolds and working platforms
shall not be overloaded. Working platforms shall be provided with
toeboards when necessary.

[[Page 319]]

Subpart K_Electricity

Sec. 56.12001 Circuit overload protection.

Circuits shall be protected against excessive overload by fuses or
circuit breakers of the correct type and capacity.

Sec. 56.12002 Controls and switches.

Electric equipment and circuits shall be provided with switches or
other controls. Such switches or controls shall be of approved design
and construction and shall be properly installed.

Sec. 56.12003 Trailing cable overload protection.

Individual overload protection or short circuit protection shall be
provided for the trailing cables of mobile equipment.

Sec. 56.12004 Electrical conductors.

Electrical conductors shall be of a sufficient size and current-
carrying capacity to ensure that a rise in temperature resulting from
normal operations will not damage the insulating materials. Electrical
conductors exposed to mechanical damage shall be protected.

Sec. 56.12005 Protection of power conductors from mobile equipment.

Mobile equipment shall not run over power conductors, nor shall
loads be dragged over power conductors, unless the conductors are
properly bridged or protected.

Sec. 56.12006 Distribution boxes.

Distribution boxes shall be provided with a disconnecting device for
each branch circuit. Such disconnecting devices shall be equipped or
designed in such a manner that it can be determined by visual
observation when such a device is open and that the circuit is
deenergized, the distribution box shall be labeled to show which circuit
each device controls.

Sec. 56.12007 Junction box connection procedures.

Trailing cable and power-cable connections to junction boxes shall
not be made or broken under load.

Sec. 56.12008 Insulation and fittings for power wires and cables.

Power wires and cables shall be insulated adequately where they pass
into or out of electrical compartments. Cables shall enter metal frames
of motors, splice boxes, and electrical compartments only through proper
fittings. When insulated wires, other than cables, pass through metal
frames, the holes shall be substantially bushed with insulated bushings.

Sec. 56.12010 Isolation or insulation of communication conductors.

Telephone and low-potential signal wire shall be protected, by
isolation or suitable insulation, or both, from contacting energized
power conductors or any other power source.

Sec. 56.12011 High-potential electrical conductors.

High-potential electrical conductors shall be covered, insulated, or
placed to prevent contact with low potential conductors.

Sec. 56.12012 Bare signal wires.

The potential on bare signal wires accessible to contact by persons
shall not exceed 48 volts.

Sec. 56.12013 Splices and repairs of power cables.

Permanent splices and repairs made in power cables, including the
ground conductor where provided, shall be:
(a) Mechanically strong with electrical conductivity as near as
possible to that of the original;
(b) Insulated to a degree at least equal to that of the original,
and sealed to exclude moisture; and
(c) Provided with damage protection as near as possible to that of
the original, including good bonding to the outer jacket.

Sec. 56.12014 Handling energized power cables.

[[Page 320]]

for persons is provided by other means. This does not prohibit pulling
or dragging of cable by the equipment it powers when the cable is
physically attached to the equipment by suitable mechanical devices, and
the cable is insulated from the equipment in conformance with other
standards in this part.

Sec. 56.12016 Work on electrically-powered equipment.

Electrically powered equipment shall be deenergized before
mechanical work is done on such equipment. Power switches shall be
locked out or other measures taken which shall prevent the equipment
from being energized without the knowledge of the individuals working on
it. Suitable warning notices shall be posted at the power switch and
signed by the individuals who are to do the work. Such locks or
preventive devices shall be removed only by the persons who installed
them or by authorized personnel.

Sec. 56.12017 Work on power circuits.

Power circuits shall be deenergized before work is done on such
circuits unless hot-line tools are used. Suitable warning signs shall be
posted by the individuals who are to do the work. Switches shall be
locked out or other measures taken which shall prevent the power
circuits from being energized without the knowledge of the individuals
working on them. Such locks, signs, or preventative devices shall be
removed only by the person who installed them or by authorized
personnel.

Sec. 56.12018 Identification of power switches.

Principal power switches shall be labeled to show which units they
control, unless identification can be made readily by location.

Sec. 56.12019 Access to stationary electrical equipment or switchgear.

Where access is necessary, suitable clearance shall be provided at
stationary electrical equipment or switchgear.

Sec. 56.12020 Protection of persons at switchgear.

Dry wooden platforms, insulating mats, or other electrically
nonconductive material shall be kept in place at all switchboards and
power-control switches where shock hazards exist. However, metal plates
on which a person normally would stand and which are kept at the same
potential as the grounded, metal, non-current-carrying parts of the
power switches to be operated may be used.

Sec. 56.12021 Danger signs.

Suitable danger signs shall be posted at all major electrical
installations.

Sec. 56.12022 Authorized persons at major electrical installations.

Areas containing major electrical installations shall be entered
only by authorized persons.

Sec. 56.12023 Guarding electrical connections and resistor grids.

Electrical connections and resistor grids that are difficult or
impractical to insulate shall be guarded, unless protection is provided
by location.

Sec. 56.12025 Grounding circuit enclosures.

All metal enclosing or encasing electrical circuits shall be
grounded or provided with equivalent protection. This requirement does
not apply to battery-operated equipment.

Sec. 56.12026 Grounding transformer and switchgear enclosures.

Metal fencing and metal buildings enclosing transformers and
switchgear shall be grounded.

Sec. 56.12027 Grounding mobile equipment.

Frame grounding or equivalent protection shall be provided for
mobile equipment powered through trailing cables.

Sec. 56.12028 Testing grounding systems.

Continuity and resistance of grounding systems shall be tested
immediately after installation, repair, and modification; and annually
thereafter. A record of the resistance measured during the most recent
tests shall be

[[Page 321]]

made available on a request by the Secretary or his duly authorized
representative.

Sec. 56.12030 Correction of dangerous conditions.

When a potentially dangerous condition is found it shall be
corrected before equipment or wiring is energized.

Sec. 56.12032 Inspection and cover plates.

Inspection and cover plates on electrical equipment and junction
boxes shall be kept in place at all times except during testing or
repairs.

Sec. 56.12033 Hand-held electric tools.

Hand-held electric tools shall not be operated at high potential
voltages.

Sec. 56.12034 Guarding around lights.

Portable extension lights, and other lights that by their location
present a shock or burn hazard, shall be guarded.

Sec. 56.12035 Weatherproof lamp sockets.

Lamp sockets shall be of a weatherproof type where they are exposed
to weather or wet conditions that may interfere with illumination or
create a shock hazard.

Sec. 56.12036 Fuse removal or replacement.

Fuses shall not be removed or replaced by hand in an energized
circuit, and they shall not otherwise be removed or replaced in an
energized circuit unless equipment and techniques especially designed to
prevent electrical shock are provided and used for such purpose.

Sec. 56.12037 Fuses in high-potential circuits.

Fuse tongs or hot line tools shall be used when fuses are removed or
replaced in high-potential circuits.

Sec. 56.12038 Attachment of trailing cables.

Trailing cables shall be attached to machines in a suitable manner
to protect the cable from damage and to prevent strain on the electrical
connections.

Sec. 56.12039 Protection of surplus trailing cables.

Surplus trailing cables to shovels, cranes and similar equipment
shall be--
(a) Stored in cable boats;
(b) Stored on reels mounted on the equipment; or
(c) Otherwise protected from mechanical damage.

Sec. 56.12040 Installation of operating controls.

Operating controls shall be installed so that they can be operated
without danger of contact with energized conductors.

Sec. 56.12041 Design of switches and starting boxes.

Switches and starting boxes shall be of safe design and capacity.

Sec. 56.12042 Track bonding.

Both rails shall be bonded or welded at every joint and rails shall
be crossbonded at least every 200 feet if the track serves as the return
trolley circuit. When rails are moved, replaced, or broken bonds are
discovered, they shall be rebonded within three working shifts.

Sec. 56.12045 Overhead powerlines.

Overhead high-potential powerlines shall be installed as specified
by the National Electrical Code.

Sec. 56.12047 Guy wires.

[[Page 322]]

Printing Office, Information Dissemination (Superintendent of
Documents), P.O. Box 371954, Pittsburgh, PA 15250-7954; Telephone: 866-
512-1800 (toll free) or 202-512-1800, http://bookstore.gpo.gov, or may
be examined in any Metal and Nonmetal Mine Safety and Health District
Office of the Mine Safety and Health Administration.

[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 35695, July 11, 1995; 71
FR 16667, Apr. 3, 2006]

Sec. 56.12048 Communication conductors on power poles.

Telegraph, telephone, or signal wires shall not be installed on the
same crossarm with power conductors. When carried on poles supporting
powerlines, they shall be installed as specified by the National
Electrical Code.

Sec. 56.12050 Installation of trolley wires.

Trolley wires shall be installed at least seven feet above rails
where height permits, and aligned and supported to suitably control sway
and sag.

Sec. 56.12053 Circuits powered from trolley wires.

Ground wires for lighting circuits powered from trolley wires shall
be connected securely to the ground-return circuit.

Sec. 56.12065 Short circuit and lightning protection.

Powerlines, including trolley wires, and telephone circuits shall be
protected against short circuits and lightning.

Sec. 56.12066 Guarding trolley wires and bare powerlines.

Where metallic tools or equipment can come in contact with trolley
wires or bare powerlines, the lines shall be guarded or deenergized.

Sec. 56.12067 Installation of transformers.

Transformers shall be totally enclosed, or shall be placed at least
8 feet above the ground, or installed in a transformer house, or
surrounded by a substantial fence at least 6 feet high and at least 3
feet from any energized parts, casings, or wiring.

Sec. 56.12068 Locking transformer enclosures.

Transformer enclosures shall be kept locked against unauthorized
entry.

Sec. 56.12069 Lightning protection for telephone wires
and ungrounded conductors.

Each ungrounded power conductor or telephone wire that leads
underground and is directly exposed to lightning shall be equipped with
suitable lightning arrestors of approved type within 100 feet of the
point where the circuit enters the mine. Lightning arrestors shall be
connected to a low resistance grounding medium on the surface and shall
be separated from neutral grounds by a distance of not less than 25
feet.

Sec. 56.12071 Movement or operation of equipment near
high-voltage power lines.

When equipment must be moved or operated near energized high-voltage
powerlines (other than trolley lines) and the clearance is less than 10
feet, the lines shall be deenergized or other precautionary measures
shall be taken.

Subpart L_Compressed Air and Boilers

Sec. 56.13001 General requirements for boilers and pressure vessels.

All boilers and pressure vessels shall be constructed, installed,
and maintained in accordance with the standards and specifications of
the American Society of Mechanical Engineers Boiler and Pressure Vessel
Code.

Sec. 56.13010 Reciprocating-type air compressors.

(a) Reciprocating-type air compressors rated over 10 horsepower
shall be equipped with automatic temperature-actuated shutoff mechanisms
which shall be set or adjusted to the compressor when the normal
operating temperature is exceeded by more than 25 percent.
(b) However, this standard does not apply to reciprocating-type air
compressors rated over 10 horsepower if equipped with fusible plugs that
were installed in the compressor discharge

[[Page 323]]

lines before November 15, 1979, and designed to melt at temperatures at
least 50 degrees below the flash point of the compressors' lubricating
oil.

Sec. 56.13011 Air receiver tanks.

Air receiver tanks shall be equipped with one or more automatic
pressure-relief valves. The total relieving capacity of the relief
valves shall prevent pressure from exceeding the maximum allowable
working pressure in a receiver tank by not more than 10 percent. Air
receiver tanks also shall be equipped with indicating pressure gauges
which accurately measure the pressure within the air receiver tanks.

Sec. 56.13012 Compressor air intakes.

Compressor air intakes shall be installed to ensure that only clean,
uncontaminated air enters the compressors.

Sec. 56.13015 Inspection of compressed-air receivers
and other unfired pressure vessels.

(a) Compressed-air receivers and other unfired pressure vessels
shall be inspected by inspectors holding a valid National Board
Commission and in accordance with the applicable chapters of the
National Board Inspection Code, a Manual for Boiler and Pressure Vessel
Inspectors, 1979. This code is incorporated by reference and made a part
of this standard. It may be examined at any Metal and Nonmetal Mine
Safety and Health District Office of the Mine Safety and Health
Administration, and may be obtained from the publisher, the National
Board of Boiler and Pressure Vessel Inspector, 1055 Crupper Avenue,
Columbus, Ohio 43229.
(b) Records of inspections shall be kept in accordance with
requirements of the National Board Inspection Code, and the records
shall be made available to the Secretary or his authorized
representative.

Sec. 56.13017 Compressor discharge pipes.

Compressor discharge pipes where carbon build-up may occur shall be
cleaned periodically as recommended by the manufacturer, but no less
frequently than once every two years.

Sec. 56.13019 Pressure system repairs.

Repairs involving the pressure system of compressors, receivers, or
compressed-air-powered equipment shall not be attempted until the
pressure has been bled off.

Sec. 56.13020 Use of compressed air.

At no time shall compressed air be directed toward a person. When
compressed air is used, all necessary precautions shall be taken to
protect persons from injury.

Sec. 56.13021 High-pressure hose connections.

Except where automatic shutoff valves are used, safety chains or
other suitable locking devices shall be used at connections to machines
of high-pressure hose lines of \3/4\-inch inside diameter or larger, and
between high-pressure hose lines of \3/4\-inch inside diameter or
larger, where a connection failure would create a hazard.

Sec. 56.13030 Boilers.

(a) Fired pressure vessels (boilers) shall be equipped with water
level gauges, pressure gauges, automatic pressure-relief valves,
blowdown piping, and other safety devices approved by the American
Society of Mechanical Engineers to protect against hazards from
overpressure, flameouts, fuel interruptions and low water level, all as
required by the appropriate sections, chapters and appendices listed in
paragraphs (b) (1) and (2) of this section.
(b) These gauges, devices and piping shall be designed, installed,
operated, maintained, repaired, altered, inspected, and tested by
inspectors holding a valid National Board Commission and in accordance
with the following listed sections, chapters and appendices:
(1) The ASME Boiler and Pressure Vessel Code, 1977, Published by the
American Society of Mechanical Engineers.

Section and Title

I Power Boilers.
II Material Specifications--Part A--Ferrous.
II Material Specifications--Part B--Non-ferrous.

[[Page 324]]

II Material Specifications--Part C--Welding Rods, Electrodes, and Filler
Metals.
IV Heating Boilers
V Nondestructive Examination
VI Recommended Rules for Care and Operation of Heating Boilers
VII Recommended Rules for Care of Power Boilers

(2) The National Board Inspection Code, a Manual for Boiler and
Pressure Vessel Inspectors, 1979, published by the National Board of
Boiler and Pressure Vessel Inspectors.

Chapter and Title

I Glossary of Terms
II Inspection of Boilers and Pressure Vessels
III Repairs and Alterations to Boiler and Pressure Vessels by Welding
IV Shop Inspection of Boilers and Pressure Vessels
V Inservice Inspection of Pressure Vessels by Authorized Owner-User
Inspection Agencies

Appendix and Title

A Safety and Safety Relief Valves
B Non-ASME Code Boilers and Pressure Vessels
C Storage of Mild Steel Covered Arc Welding Electrodes
D-R National Board ``R'' (Repair) Symbol Stamp
D-VR National Board ``VR'' (Repair of Safety and Safety Relief Valve)
Symbol Stamp
D-VR1 Certificate of Authorization for Repair Symbol Stamp for Safety
and Safety Relief Valves
D-VR2 Outline of Basic Elements of Written Quality Control System for
Repairers of ASME Safety and Safety Relief Valves
D-VR3 Nameplate Stamping for ``VR''
E Owner-user Inspection Agencies
F Inspection Forms

(c) Records of inspections and repairs shall be kept in accordance
with the requirements of the ASME Boiler and Pressure Vessel Code and
the National Board Inspection Code. The records shall be made available
to the Secretary or his authorized representative.
(d) Sections of the ASME Boiler and Pressure Vessel Code, 1977,
listed in paragraph (b)(1) of this section, and chapters and appendices
of the National Board Inspection Code, 1979, listed in paragraph (b)(2)
of this section, are incorporated by reference and made a part of this
standard. These publications may be obtained from the publishers, the
American Society of Mechanical Engineers, 22 Law Drive, P.O. Box 2900,
Fairfield, New Jersey 07007, Phone: 800-843-2763 (toll free); http://
www.asme.org, and the National Board of Boiler and Pressure Vessel
Inspectors, 1055 Crupper Avenue, Columbus, Ohio 43229. The publications
may be examined at any Metal and Nonmetal Mine Safety and Health
District Office of the Mine Safety and Health Administration.

[50 FR 4054, Jan. 29, 1985, as amended at 71 FR 16667, Apr. 3, 2006]

Subpart M_Machinery and Equipment

Source: 53 FR 32521, Aug. 25, 1988, unless otherwise noted.

Sec. 56.14000 Definitions.

The following definitions apply in this subpart.
Travelway. A passage, walk, or way regularly used or designated for
persons to go from one place to another.

[53 FR 32521, Aug. 25, 1988, as amended at 69 FR 38840, June 29, 2004]

Safety Devices and Maintenance Requirements

Sec. 56.14100 Safety defects; examination, correction and records.

(a) Self-propelled mobile equipment to be used during a shift shall
be inspected by the equipment operator before being placed in operation
on that shift.
(b) Defects on any equipment, machinery, and tools that affect
safety shall be corrected in a timely manner to prevent the creation of
a hazard to persons.
(c) When defects make continued operation hazardous to persons, the
defective items including self-propelled mobile equipment shall be taken
out of service and placed in a designated area posted for that purpose,
or a tag or other effective method of marking the defective items shall
be used to prohibit further use until the defects are corrected.
(d) Defects on self-propelled mobile equipment affecting safety,
which are

[[Page 325]]

not corrected immediately, shall be reported to and recorded by the mine
operator. The records shall be kept at the mine or nearest mine office
from the date the defects are recorded, until the defects are corrected.
Such records shall be made available for inspection by an authorized
representative of the Secretary.

Sec. 56.14101 Brakes.

(a) Minimum requirements. (1) Self-propelled mobile equipment shall
be equipped with a service brake system capable of stopping and holding
the equipment with its typical load on the maximum grade it travels.
This standard does not apply to equipment which is not originally
equipped with brakes unless the manner in which the equipment is being
operated requires the use of brakes for safe operation. This standard
does not apply to rail equipment.
(2) If equipped on self-propelled mobile equipment, parking brakes
shall be capable of holding the equipment with its typical load on the
maximum grade it travels.
(3) All braking systems installed on the equipment shall be
maintained in functional condition.
(b) Testing. (1) Service brake tests shall be conducted when an MSHA
inspector has reasonable cause to believe that the service brake system
does not function as required, unless the mine operator removes the
equipment from service for the appropriate repair;
(2) The performance of the service brakes shall be evaluated
according to Table M-1.

Table M-1
----------------------------------------------------------------------------------------------------------------
Equipment speed, MPH
Gross vehicle weight lbs. ----------------------------------------------------------------------------
10 11 12 13 14 15 16 17 18 19 20
----------------------------------------------------------------------------------------------------------------
Service Brake Maximum Stopping Distance--Feet
----------------------------------------------------------------------------------------------------------------
0-36000............................ 34 38 43 48 53 59 64 70 76 83 89
36000-70000........................ 41 46 52 58 62 70 76 83 90 97 104
70000-140000....................... 48 54 61 67 74 81 88 95 103 111 119
140000-250000...................... 56 62 69 77 84 92 100 108 116 125 133
250000-400000...................... 59 66 74 81 89 97 105 114 123 132 141
Over 400000........................ 63 71 78 86 94 103 111 120 129 139 148
----------------------------------------------------------------------------------------------------------------
Stopping distances are computed using a constant decleration of 9.66 FPS\2\ and system response times of .5.1,
1.5, 2, 2.25 and 2.5 seconds for each increasing weight category respectively. Stopping distance values
include a one-second operator response time.

Table M-2--The Speed of a Vehicle Can be Determined by Clocking it Through a 100-Foot Measured Course at
Constant Velocity Using Table M-2. When the Service Brakes are Applied at the End of the Course, Stopping
Distance Can be Measured and Compared to Table M-1.
----------------------------------------------------------------------------------------------------------------
Miles per hour 10 11 12 13 14 15 16 17 18 19 20
----------------------------------------------------------------------------------------------------------------
Seconds Required to Travel 100 Feet 6.8 6.2 5.7 5.2 4.9 4.5 4.3 4.0 3.8 3.6 3.4
----------------------------------------------------------------------------------------------------------------

(3) Service brake tests shall be conducted under the direction of
the mine operator in cooperation with an according to the instructions
provided by the MSHA inspector as follows:
(i) Equipment capable of traveling at least 10 miles per hour shall
be tested with a typical load for that particular piece of equipment.
Front-end loaders shall be tested with the loader bucket empty.
Equipment shall not be tested when carrying hazardous loads, such as
explosives.
(ii) The approach shall be sufficient length to allow the equipment
operator to reach and maintain a constant speed between 10 and 20 miles
per hour prior to entering the 100 foot measured area. The constant
speed shall be maintained up to the point when the equipment operator
receives the signal to apply the brakes. The roadway shall be wide
enough to accommodate the size of the equipment being tested. The ground
shall be generally level, packed, and dry in the braking portion of the
test

[[Page 326]]

course. Ground moisture may be present to the extent that it does not
adversely affect the braking surface.
(iii) Braking is to be performed using only those braking systems,
including auxiliary retarders, which are designed to bring the equipment
to a stop under normal operating conditions. Parking or emergency
(secondary) brakes are not to be actuated during the test.
(iv) The tests shall be conducted with the transmission in the gear
appropriate for the speed the equipment is traveling except for
equipment which is designed for the power train to be disengaged during
braking.
(v) Testing speeds shall be a minimum of 10 miles per hour and a
maximum of 20 miles per hour.
(vi) Stopping distances shall be measured from the point at which
the equipment operator receives the signal to apply the service brakes
to the final stopped position.
(4) Test results shall be evaluated as follows:
(i) If the initial test run is valid and the stopping distance does
not exceed the corresponding stopping distance listed in Table 1, the
performance of the service brakes shall be considered acceptable. For
tests to be considered valid, the equipment shall not slide sideways or
exhibit other lateral motion during the braking portion of the test.
(ii) If the equipment exceeds the maximum stopping distance in the
initial test run, the mine operator may request from the inspector up to
four additional test runs with two runs to be conducted in each
direction. The performance of the service brakes shall be considered
acceptable if the equipment does not exceed the maximum stopping
distance on at least three of the additional tests.
(5) Where there is not an appropriate test site at the mine or the
equipment is not capable or traveling at least 10 miles per hour,
service brake tests will not be conducted. In such cases, the inspector
will rely upon other available evidence to determine whether the service
brake system meets the performance requirement of this standard.

[53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988]

Sec. 56.14102 Brakes for rail equipment.

Braking systems on railroad cars and locomotives shall be maintained
in functional condition.

Sec. 56.14103 Operators stations.

(a) If windows are provided on operators' stations of self-propelled
mobile equipment, the windows shall be made of safety glass or material
with equivalent safety characteristics. The windows shall be maintained
to provide visibility for safe operation.
(b) If damaged windows obscure visibility necessary for safe
operation, or create a hazard to the equipment operator, the windows
shall be replaced or removed. Damaged windows shall be replaced if
absence of a window would expose the equipment operator to hazardous
environmental conditions which would affect the ability of the equipment
operator to safely operate the equipment.
(c) The operator's stations of self-propelled mobile equipment
shall--
(1) Be free of materials that could create a hazard to persons by
impairing the safe operation of the equipment; and
(2) Not be modified, in a manner that obscures visibility necessary
for safe operation.

Sec. 56.14104 Tire repairs.

(a) Before a tire is removed from a vehicle for tire repair, the
valve core shall be partially removed to allow for gradual deflation and
then removed. During deflation, to the extent possible, persons shall
stand outside of the potential trajectory of the lock ring of a multi-
piece wheel rim.
(b) To prevent injury from wheel rims during tire inflation, one of
the following shall be used:
(1) A wheel cage or other restraining device that will constrain all
wheel rim components during an explosive separation of a multi-piece
wheel rim, or during the sudden release of contained air in a single
piece rim wheel; or
(2) A stand-off inflation device which permits persons to stand
outside of the potential trajectory of wheel components.

[[Page 327]]

Sec. 56.14105 Procedures during repairs or maintenance.

Repairs or maintenance of machinery or equipment shall be performed
only after the power is off, and the machinery or equipment blocked
against hazardous motion. Machinery or equipment motion or activation is
permitted to the extent that adjustments or testing cannot be performed
without motion or activation, provided that persons are effectively
protected from hazardous motion.

Sec. 56.14106 Falling object protection.

(a) Fork-lift trucks, front-end loaders, and bulldozers shall be
provided with falling object protective structures if used in an area
where falling objects could create a hazard to the equipment operator.
(b) The protective structure shall be capable of withstanding the
falling object loads to which it would be subjected.

Sec. 56.14107 Moving machine parts.

(a) Moving machine parts shall be guarded to protect persons from
contacting gears, sprockets, chains, drive, head, tail, and takeup
pulleys, flywheels, couplings, shafts, fan blades, and similar moving
parts that can cause injury.
(b) Guards shall not be required where the exposed moving parts are
at least seven feet away from walking or working surfaces.

Sec. 56.14108 Overhead drive belts.

Overhead drive belts shall be guarded to contain the whipping action
of a broken belt if that action could be hazardous to persons.

Sec. 56.14109 Unguarded conveyors with adjacent travelways.

Unguarded conveyors next to the travelways shall be equipped with--
(a) Emergency stop devices which are located so that a person
falling on or against the conveyor can readily deactivate the conveyor
drive motor; or
(b) Railings which--
(1) Are positioned to prevent persons from falling on or against the
conveyor;
(2) Will be able to withstand the vibration, shock, and wear to
which they will be subjected during normal operation; and
(3) Are constructed and maintained so that they will not create a
hazard.

Sec. 56.14110 Flying or falling materials.

In areas where flying or falling materials generated from the
operation of screens, crushers, or conveyors present a hazard, guards,
shields, or other devices that provide protection against such flying or
falling materials shall be provided to protect persons.

Sec. 56.14111 Slusher, backlash guards and securing.

(a) When persons are exposed to slushing operations, the slushers
shall be equipped with rollers and drum covers and anchored securely
before slushing operations are started.
(b) Slushers rated over 10 horsepower shall be equipped with
backlash guards, unless the equipment operator is otherwise protected.
(c) This standard does not apply to air tuggers of 10 horsepower or
less that have only one cable and one drum.

Sec. 56.14112 Construction and maintenance of guards.

(a) Guards shall be constructed and maintained to--
(1) Withstand the vibration, shock, and wear to which they will be
subjected during normal operation; and
(2) Not create a hazard by their use.
(b) Guards shall be securely in place while machinery is being
operated, except when testing or making adjustments which cannot be
performed without removal of the guard.

Sec. 56.14113 Inclined conveyors: backstops or brakes.

Backstops or brakes shall be installed on drive units of inclined
conveyors to prevent the conveyors from running in reverse, creating a
hazard to persons.

Sec. 56.14114 Air valves for pneumatic equipment.

A manual master quick-close type air valve shall be installed on all
pneumatic-powered equipment if there is a hazard of uncontrolled
movement when the air supply is activated. The valve

[[Page 328]]

shall be closed except when the equipment is being operated.

Sec. 56.14115 Stationary grinding machines.

Stationary grinding machines, other than special bit grinders, shall
be equipped with--
(a) Peripheral hoods capable of withstanding the force of a bursting
wheel and enclosing not less than 270[deg] of the periphery of the
wheel;
(b) Adjustable tool rests set so that the distance between the
grinding surface of the wheel and the tool rest in not greater than \1/
8\ inch; and
(c) A safety washer on each side of the wheel.

[53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988]

Sec. 56.14116 Hand-held power tools.

(a) Power drills, disc sanders, grinders and circular and chain
saws, when used in the hand-held mode shall be operated with controls
which require constant hand or finger pressure.
(b) Circular saws and chain saws shall not be equipped with devices
which lock-on the operating controls.

Sec. 56.14130 Roll-over protective structures (ROPS) and seat belts.

(a) Equipment included. Roll-over protective structures (ROPS) and
seat belts shall be installed on--
(1) Crawler tractors and crawler loaders;
(2) Graders;
(3) Wheel loaders and wheel tractors;
(4) The tractor portion of semi-mounted scrapers, dumpers, water
wagons, bottom-dump wagons, rear-dump wagons, and towed fifth wheel
attachments;
(5) Skid-steer loaders; and
(6) Agricultural tractors.
(b) ROPS construction. ROPS shall meet the requirements of the
following Society of Automotive Engineers (SAE) publications, as
applicable, which are incorporated by reference:
(1) SAE J1040, ``Performance Criteria for Roll-Over Protective
Structures (ROPS) for Construction, Earthmoving, Forestry, and Mining
Machines,'', 1986; or
(2) SAE J1194, ``Roll-Over Protective Structures (ROPS) for Wheeled
Agricultural Tractors'', 1983.
(c) ROPS labelling. ROPS shall have a label permanently affixed to
the structure identifying--
(1) The manufacturer's name and address;
(2) The ROPS model number; and
(3) The make and model number of the equipment for which the ROPS is
designed.
(d) ROPS installation. ROPS shall be installed on the equipment in
accordance with the recommendations of the ROPS manufacturer.
(e) ROPS maintenance. (1) ROPS shall be maintained in a condition
that meets the performance requirements applicable to the equipment. If
the ROPS is subjected to roll-over an abnormal structural loading, the
equipment manufacturer or a registered professional engineer with
knowledge and experience in ROPS design shall recertify that the ROPS
meets the applicable performance requirements before it is returned to
service.
(2) Alterations or repairs on ROPS shall be performed only with
approval from the ROPS manufacturer or under the instructions of a
registered professional engineer with knowledge and experience in ROPS
design. The manufacturer or engineer shall certify that the ROPS meets
the applicable performance requirements.
(f) Exemptions. (1) This standard does not apply to--
(i) Self-propelled mobile equipment manufactured prior to July 1,
1969;
(ii) Over-the-road type tractors that pull trailers or vans on
highways;
(iii) Equipment that is only operated by remote control; and
(2) Self-propelled mobile equipment manufactured prior to October
24, 1988, that is equipped with ROPS and seat belts that meet the
installation and performance requirements of 30 CFR 56.9088 (1986
edition) shall be considered in compliance with paragraphs (b) and (h)
of this section.
(g) Wearing seat belts. Seat belts shall be worn by the equipment
operator except that when operating graders from a standing position,
the grader operator shall wear safety lines and a harness in place of a
seat belt.

[[Page 329]]

(h) Seat belts construction. Seat belts required under this section
shall meet the requirement of SAE J386, ``Operator Restraint System for
Off-Road Work Machines'' (1985, 1993, or 1997), or SAE J1194, ``Roll-
Over Protective Structures (ROPS) for Wheeled Agricultural Tractors''
(1983, 1989, 1994, or 1999), as applicable, which are incorporated by
reference.
(i) Seat belt maintenance. Seat belts shall be maintained in
functional condition, and replaced when necessary to assure proper
performance.
(j) Publications. The incorporation by reference of these
publications is approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these
publications may be examined at any Metal and Nonmetal Mine Safety and
Health District Office; at MSHA's 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. Copies may be purchased
from the Society of Automotive Engineers, 400 Commonwealth Drive,
Warrendale, PA 15096-0001; 724-776-4841; http://www.sae.org.

[53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988, as amended at 60
FR 33723, June 29, 1995; 67 FR 38385, June 4, 2002; 68 FR 19347, Apr.
21, 2003; 80 FR 52987, Sept. 2, 2015]

Sec. 56.14131 Seat belts for haulage trucks.

(a) Seat belts shall be provided and worn in haulage trucks.
(b) Seat belts shall be maintained in functional condition, and
replaced when necessary to assure proper performance.
(c) Seat belts required under this section shall meet the
requirements of SAE J386, ``Operator Restraint System for Off-Road Work
Machines'' (1985, 1993, or 1997), which are incorporated by reference.
(d) The incorporation by reference of these publications is approved
by the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies of these publications may be examined
at any Metal and Nonmetal Mine Safety and Health District Office; at
MSHA's Office of Standards, Regulations, and Variances, 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. Copies may be purchased from the Society of
Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA 15096-0001;
724-776-4841; http://www.sae.org.

[50 FR 4054, Jan. 29, 1985, as amended at 67 FR 38385, June 4, 2002; 68
FR 19347, Apr. 21, 2003; 80 FR 52987, Sept. 2, 2015]

Sec. 56.14132 Horns and backup alarms.

(a) Manually-operated horns or other audible warning devices
provided on self-propelled mobile equipment as a safety feature shall be
maintained in functional condition.
(b)(1) When the operator has an obstructed view to the rear, self-
propelled mobile equipment shall have--
(i) An automatic reverse-activated signal alarm;
(ii) A wheel-mounted bell alarm which sounds at least once for each
three feet of reverse movement;
(iii) A discriminating backup alarm that covers the area of
obstructed view; or
(iv) An observer to signal when it is safe to back up.
(2) Alarms shall be audible above the surrounding noise level.
(3) An automatic reverse-activated strobe light may be used at night
in lieu of an audible reverse alarm.
(c) This standard does not apply to rail equipment.

Safety Practices and Operational Procedures

Sec. 56.14200 Warnings prior to starting or moving equipment.

Before starting crushers or moving self-propelled mobile equipment,
equipment operators shall sound a warning that is audible above the
surrounding noise level or use other effective means

[[Page 330]]

to warn all persons who could be exposed to a hazard from the equipment.

Sec. 56.14201 Conveyor start-up warnings.

(a) When the entire length of a conveyor is visible from the
starting switch, the conveyor operator shall visually check to make
certain that all persons are in the clear before starting the conveyor.
(b) When the entire length of the conveyor is not visible from the
starting switch, a system which provides visible or audible warning
shall be installed and operated to warn persons that the conveyor will
be started. Within 30 seconds after the warning is given, the conveyor
shall be started or a second warning shall be given.

Sec. 56.14202 Manual cleaning of conveyor pulleys.

Pulleys of conveyors shall not be cleaned manually while the
conveyor is in motion.

Sec. 56.14203 Application of belt dressing.

Belt dressings shall not be applied manually while belts are in
motion unless a pressurized-type applicator is used that allows the
dressing to be applied from outside the guards.

Sec. 56.14204 Machinery lubrication.

Machinery or equipment shall not be lubricated manually while it is
in motion where application of the lubricant may expose persons to
injury.

Sec. 56.14205 Machinery, equipment, and tools.

Machinery, equipment, and tools shall not be used beyond the design
capacity intended by the manufacturer where such use may create a hazard
to persons.

Sec. 56.14206 Securing movable parts.

(a) When moving mobile equipment between workplaces, booms, forks,
buckets, beds, and similar movable parts of the equipment shall be
positioned in the travel mode and, if required for safe travel,
mechanically secured.
(b) When mobile equipment is unattended or not in use, dippers,
buckets and scraper blades shall be lowered to the ground. Other movable
parts, such as booms, shall be mechanically secured or positioned to
prevent movement which would create a hazard to persons.

[53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988]

Sec. 56.14207 Parking procedures for unattended equipment.

Mobile equipment shall not be left unattended unless the controls
are placed in the park position and the parking brake, if provided, is
set. When parked on a grade, the wheels or tracks of mobile equipment
shall be either chocked or turned into a bank.

Sec. 56.14208 Warning devices.

(a) Visible warning devices shall be used when parked mobile
equipment creates a hazard to persons in other mobile equipment.
(b) Mobile equipment, other than forklifts, carrying loads that
project beyond the sides or more than four feet beyond the rear of the
equipment shall have a warning flag at the end of the projection. Under
conditions of limited visibility these loads shall have a warning light
at the end of the projection. Such flag or lights shall be attached to
the end of the projection or be carried by persons walking beside or
behind the projection.

Sec. 56.14209 Safety procedures for towing.

(a) A properly sized tow bar or other effective means of control
shall be used to tow mobile equipment.
(b) Unless steering and braking are under the control of the
equipment operator on the towed equipment, a safety chain or wire rope
capable of withstanding the loads to which it could be subjected shall
be used in conjunction with any primary rigging.
(c) This provision does not apply to rail equipment.

Sec. 56.14210 Movement of dippers, buckets, loading booms,
or suspended loads.

[[Page 331]]

(b) This section does not apply when the equipment is specifically
designed to protect the equipment operator from falling objects.

Sec. 56.14211 Blocking equipment in a raised position.

(a) Persons shall not work on top of, under, or work from mobile
equipment in a raised position until the equipment has been blocked or
mechanically secured to prevent it from rolling or falling accidentally.
(b) Persons shall not work on top of, under, or work from a raised
component of mobile equipment until the component has been blocked or
mechanically secured to prevent accidental lowering. The equipment must
also be blocked or secured to prevent rolling.
(c) A raised component must be secured to prevent accidental
lowering when persons are working on or around mobile equipment and are
exposed to the hazard of accidental lowering of the component.
(d) Under this section, a raised component of mobile equipment is
considered to be blocked or mechanically secured if provided with a
functional load-locking device or a device which prevents free and
uncontrolled descent.
(e) Blocking or mechanical securing of the raised component is
required during repair or maintenance of elevated mobile work platforms.

Sec. 56.14212 Chains, ropes, and drive belts.

Chains, ropes, and drive belts shall be guided mechanically onto
moving pulleys, sprockets, or drums except where equipment is designed
specifically for hand feeding.

Sec. 56.14213 Ventilation and shielding for welding.

(a) Welding operations shall be shielded when performed at locations
where arc flash could be hazardous to persons.
(b) All welding operations shall be well-ventilated.

Sec. 56.14214 Train warnings.

A warning that is audible above the surrounding noise level shall be
sounded--
(a) Immediately prior to moving trains;
(b) When trains approach persons, crossings, other trains on
adjacent tracks; and
(c) Any place where the train operator's vision is obscured.

Sec. 56.14215 Coupling or uncoupling cars.

Prior to coupling or uncoupling cars manually, trains shall be
brought to a complete stop, and then moved at minimum tram speed until
the coupling or uncoupling activity is completed. Coupling or uncoupling
shall not be attempted from the inside of curves unless the railroad and
cars are designed to eliminate hazards to persons.

Sec. 56.14216 Backpoling.

Backpoling of trolleys is prohibited except where there is
inadequate clearance to reverse the trolley pole. Where backpoling is
required, it shall be done only at the minimum tram speed of the
trolley.

Sec. 56.14217 Securing parked railcars.

Parked railcars shall be blocked securely unless held effectively by
brakes.

Sec. 56.14218 Movement of equipment on adjacent tracks.

When a locomotive on one track is used to move rail equipment on
adjacent tracks, a chain, cable, or drawbar shall be used which is
capable of meeting the loads to which it could be subjected.

Sec. 56.14219 Brakeman signals.

When a train is under the direction of a brakeman and the train
operator cannot clearly recognize the brakeman's signals, the train
operator shall bring the train to a stop.

Sec. Appendix I to Subpart M of Part 56--National Consensus Standards

Mine operators seeking further information regarding the
construction and installation of falling object protective structures
(FOPS) may consult the following national consensus standards, as
applicable.

[[Page 332]]

MSHA Standard 56.14106, Falling Object Protection.
------------------------------------------------------------------------
Equipment National consensus standard
------------------------------------------------------------------------
Front-end loaders and bulldozers.......... Society of Automotive
Engineers (SAE) minimum
performance criteria for
falling object protective
structures (FOPS) SAE J231--
January, 1981.
Fork-lift trucks.......................... American National Standards
Institute (ANSI) safety
standard for low lift and
high lift trucks, B 56.1,
section 7.27--1983; or,
American National Standards
Institute (ANSI) standard,
rough terrain fork lift
trucks, B56.6--1987.
------------------------------------------------------------------------

Subpart N_Personal Protection

Sec. 56.15001 First-aid materials.

Adequate first-aid materials, including stretchers and blankets,
shall be provided at places convenient to all working areas. Water or
neutralizing agents shall be available where corrosive chemicals or
other harmful substances are stored, handled, or used.

Sec. 56.15002 Hard hats.

All persons shall wear suitable hard hats when in or around a mine
or plant where falling objects may create a hazard.

Sec. 56.15003 Protective footwear.

All persons shall wear suitable protective footwear when in or
around an area of a mine or plant where a hazard exists which could
cause an injury to the feet.

Sec. 56.15004 Eye protection.

All persons shall wear safety glasses, goggles, or face shields or
other suitable protective devices when in or around an area of a mine or
plant where a hazard exists which could cause injury to unprotected
eyes.

Sec. 56.15005 Safety belts and lines.

Safety belts and lines shall be worn when persons work where there
is danger of falling; a second person shall tend the lifeline when bins,
tanks, or other dangerous areas are entered.

Sec. 56.15006 Protective equipment and clothing for hazards and irritants.

Special protective equipment and special protective clothing shall
be provided, maintained in a sanitary and reliable condition and used
whenever hazards of process or environment, chemical hazards,
radiological hazards, or mechanical irritants are encountered in a
manner capable of causing injury or impairment.

Sec. 56.15007 Protective equipment or clothing for welding, cutting,
or working with molten metal.

Protective clothing or equipment and face shields, or goggles shall
be worn when welding, cutting, or working with molten metal.

Sec. 56.15014 Eye protection when operating grinding wheels.

Face shields or goggles in good condition shall be worn when
operating a grinding wheel.

[53 FR 32526, Aug. 25, 1988]

Sec. 56.15020 Life jackets and belts.

Life jackets or belts shall be worn where there is danger from
falling into water.

Subpart O_Materials Storage and Handling

Sec. 56.16001 Stacking and storage of materials.

Supplies shall not be stacked or stored in a manner which creates
tripping or fall-of-material hazards.

Sec. 56.16002 Bins, hoppers, silos, tanks, and surge piles.

[[Page 333]]

(c) Where persons are required to enter any facility listed in this
standard for maintenance or inspection purposes, ladders, platforms, or
staging shall be provided. No person shall enter the facility until the
supply and discharge of materials have ceased and the supply and
discharge equipment is locked out. Persons entering the facility shall
wear a safety belt or harness equipped with a lifeline suitably
fastened. A second person, similarly equipped, shall be stationed near
where the lifeline is fastened and shall constantly adjust it or keep it
tight as needed, with minimum slack.

Sec. 56.16003 Storage of hazardous materials.

Materials that can create hazards if accidentally liberated from
their containers shall be stored in a manner that minimizes the dangers.

Sec. 56.16004 Containers for hazardous materials.

Containers holding hazardous materials must be of a type approved
for such use by recognized agencies.

[67 FR 42389, June 21, 2002]

Sec. 56.16005 Securing gas cylinders.

Compressed and liquid gas cylinders shall be secured in a safe
manner.

Sec. 56.16006 Protection of gas cylinder valves.

Valves on compressed gas cylinders shall be protected by covers when
being transported or stored, and by a safe location when the cylinders
are in use.

Sec. 56.16007 Taglines, hitches, and slings.

(a) Taglines shall be attached to loads that may require steadying
or guidance while suspended.
(b) Hitches and slings used to hoist materials shall be suitable for
the particular material handled.

Sec. 56.16009 Suspended loads.

Persons shall stay clear of suspended loads.

Sec. 56.16010 Dropping materials from overhead.

To protect personnel, material shall not be dropped from an overhead
elevation until the drop area is first cleared of personnel and the area
is then either guarded or a suitable warning is given.

Sec. 56.16011 Riding hoisted loads or on the hoist hook.

Persons shall not ride on loads being moved by cranes or derricks,
nor shall they ride the hoisting hooks unless such method eliminates a
greater hazard.

Sec. 56.16012 Storage of incompatible substances.

Chemical substances, including concentrated acids and alkalies,
shall be stored to prevent inadvertent contact with each other or with
other substances, where such contact could cause a violent reaction or
the liberation of harmful fumes or gases.

Sec. 56.16013 Working with molten metal.

Suitable warning shall be given before molten metal is poured and
before a container of molten metal is moved.

Sec. 56.16014 Operator-carrying overhead cranes.

Operator-carrying overhead cranes shall be provided with--
(a) Bumpers at each end of each rail;
(b) Automatic switches to halt uptravel of the blocks before they
strike the hoist;
(c) Effective audible warning signals within easy reach of the
operator; and
(d) A means to lock out the disconnect switch.

Sec. 56.16015 Work or travel on overhead crane bridges.

No person shall work from or travel on the bridge of an overhead
crane unless the bridge is provided with substantial footwalks with
toeboards and railings the length of the bridge.

Sec. 56.16016 Lift trucks.

Fork and other similar types of lift trucks shall be operated with
the--
(a) Upright tilted back to steady and secure the load;
(b) Load in the upgrade position when ascending or descending grades
in excess of 10 percent;

[[Page 334]]

(c) Load not raised or lowered enroute except for minor adjustments;
and
(d) Load-engaging device downgrade when traveling unloaded on all
grades.

Subpart P_Illumination

Sec. 56.17001 Illumination of surface working areas.

Illumination sufficient to provide safe working conditions shall be
provided in and on all surface structures, paths, walkways, stairways,
switch panels, loading and dumping sites, and work areas.

Subpart Q_Safety Programs

Sec. 56.18002 Examination of working places.

(a) A competent person designated by the operator shall examine each
working place at least once each shift before miners begin work in that
place, for conditions that may adversely affect safety or health.
(1) The operator shall promptly notify miners in any affected areas
of any conditions found that may adversely affect safety or health and
promptly initiate appropriate action to correct such conditions.
(2) Conditions noted by the person conducting the examination that
may present an imminent danger shall be brought to the immediate
attention of the operator who shall withdraw all persons from the area
affected (except persons referred to in section 104(c) of the Federal
Mine Safety and Health Act of 1977) until the danger is abated.
(b) A record of each examination shall be made before the end of the
shift for which the examination was conducted. The record shall contain
the name of the person conducting the examination; date of the
examination; location of all areas examined; and description of each
condition found that may adversely affect the safety or health of
miners.
(c) When a condition that may adversely affect safety or health is
corrected, the examination record shall include, or be supplemented to
include, the date of the corrective action.
(d) The operator shall maintain the examination records for at least
one year, make the records available for inspection by authorized
representatives of the Secretary and the representatives of miners, and
provide these representatives a copy on request.

[84 FR 51401, Sept. 30, 2019]

Sec. 56.18006 New employees.

New employees shall be indoctrinated in safety rules and safe work
procedures.

Sec. 56.18009 Designation of person in charge.

When persons are working at the mine, a competent person designated
by the mine operator shall be in attendance to take charge in case of an
emergency.

Sec. 56.18010 First aid.

An individual capable of providing first aid shall be available on
all shifts. The individual shall be currently trained and have the
skills to perform patient assessment and artificial respiration; control
bleeding; and treat shock, wounds, burns, and musculoskeletal injuries.
First aid training shall be made available to all interested miners.

[61 FR 50436, Sept. 26, 1996]

Sec. 56.18012 Emergency telephone numbers.

Emergency telephone numbers shall be posted at appropriate
telephones.

Sec. 56.18013 Emergency communications system.

A suitable communication system shall be provided at the mine to
obtain assistance in the event of an emergency.

Sec. 56.18014 Emergency medical assistance and transportation.

Arrangements shall be made in advance for obtaining emergency
medical assistance and transportation for injured persons.

Sec. 56.18020 Working alone.

No employee shall be assigned, or allowed, or be required to perform
work alone in any area where hazardous conditions exist that would
endanger his

[[Page 335]]

safety unless he can communicate with others, can be heard, or can be
seen.

Subpart R_Personnel Hoisting

Sec. 56.19000 Application.

(a) The hoisting standards in this subpart apply to those hoists and
appurtenances used for hoisting persons. However, where persons may be
endangered by hoists and appurtenances used solely for handling ore,
rock, and materials, the appropriate standards should be applied.
(b) Standards 56.19021 through 56.19028 apply to wire ropes in
service used to hoist persons with an incline hoist on the surface.
(c) Emergency hoisting facilities should conform to the extent
possible to safety requirements for other hoists, and should be adequate
to remove the persons from the mine with a minimum of delay.

Hoists

Sec. 56.19001 Rated capacities.

Hoists shall have rated capacities consistent with the loads handled
and the recommended safety factors of the ropes used.

Sec. 56.19002 Anchoring.

Hoists shall be anchored securely.

Sec. 56.19003 Driving mechanism connections.

Belt, rope, or chains shall not be used to connect driving
mechanisms to man hoists.

Sec. 56.19004 Brakes.

Any hoist used to hoist persons shall be equipped with a brake or
brakes which shall be capable of holding its fully loaded cage, skip, or
bucket at any point in the shaft.

Sec. 56.19005 Locking mechanism for clutch.

The operating mechanism of the clutch of every man-hoist drum shall
be provided with a locking mechanism, or interlocked electrically or
mechanically with the brake to prevent accidental withdrawal of the
clutch.

Sec. 56.19006 Automatic hoist braking devices.

Automatic hoists shall be provided with devices that automatically
apply the brakes in the event of power failure.

Sec. 56.19007 Overtravel and overspeed devices.

All man hoists shall be provided with devices to prevent overtravel.
When utilized in shafts exceeding 100 feet in depth, such hoists shall
also be provided with overspeed devices.

Sec. 56.19008 Friction hoist synchronizing mechanisms.

Where creep or slip may alter the effective position of safety
devices, friction hoists shall be equipped with synchronizing mechanisms
that recalibrate the overtravel devices and position indicators.

Sec. 56.19009 Position indicator.

An accurate and reliable indicator of the position of the cage,
skip, bucket, or cars in the shaft shall be provided.

Sec. 56.19010 Location of hoist controls.

Hoist controls shall be placed or housed so that the noise from
machinery or other sources will not prevent hoistmen from hearing
signals.

Sec. 56.19011 Drum flanges.

Flanges on drums shall extend radially a minimum of 4 inches or
three rope diameters beyond the last wrap, whichever is the lesser.

Sec. 56.19012 Grooved drums.

Where grooved drums are used, the grooves shall be of suitable size
and pitch for the ropes used.

Sec. 56.19013 Diesel- and other fuel-injection-powered hoists.

Where any diesel or similar fuel-injection engine is used to power a
hoist, the engine shall be equipped with a damper or other cutoff in its
air intake system. The control handle shall be clearly labeled to
indicate that its intended function is for emergency stopping only.

[[Page 336]]

Sec. 56.19014 Friction hoist overtravel protection.

In a friction hoist installation, tapered guides or other approved
devices shall be installed above and below the limits of regular travel
of the conveyance and arranged to prevent overtravel in the event of
failure of other devices.

Sec. 56.19017 Emergency braking for electric hoists.

Each electric hoist shall be equipped with a manually-operable
switch that will initiate emergency braking action to bring the
conveyance and the counterbalance safely to rest. This switch shall be
located within reach of the hoistman in case the manual controls of the
hoist fail.

Sec. 56.19018 Overtravel by-pass switches.

When an overtravel by-pass switch is installed, the switch shall
function so as to allow the conveyance to be moved through the
overtravel position when the switch is held in the closed position by
the hoistman. The overtravel by-pass switch shall return automatically
to the open position when released by the hoistman.

[50 FR 4054, Jan. 29, 1985; 50 FR 20100, May 14, 1985]

Wire Ropes

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

Sec. 56.19021 Minimum rope strength.

At installation, the nominal strength (manufacturer's published
catalog strength) of wire ropes used for hoisting shall meet the minimum
rope strength values obtained by the following formulas in which ``L''
equals the maximum suspended rope length in feet:
(a) Winding drum ropes (all constructions, including rotation
resistant).

For rope lengths less than 3,000 feet:
Minimum Value = Static
Load x (7.0-0.001L)
For rope lengths 3,000 feet or greater:
Minimum Value = Static Load x 4.0

(b) Friction drum ropes.

For rope lengths less than 4,000 feet:
Minimum Value = Static
Load x (7.0-0.0005L)
For rope lengths 4,000 feet or greater:
Minimum Value = Static Load x 5.0

Minimum Value = Weight of Rope x 7.0

Sec. 56.19022 Initial measurement.

After initial rope stretch but before visible wear occurs, the rope
diameter of newly installed wire ropes shall be measured at least once
in every third interval of active length and the measurements averaged
to establish a baseline for subsequent measurements. A record of the
measurements and the date shall be made by the person taking the
measurements. This record shall be retained until the rope is retired
from service.

[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995]

Sec. 56.19023 Examinations.

[[Page 337]]

(4) At drum crossover and change-of-layer regions.
(d) At the completion of each examination required by paragraph (a)
of this section, the person making the examination shall certify, by
signature and date, that the examination has been made. If any condition
listed in paragraph (a) of this section is present, the person
conducting the examination shall make a record of the condition and the
date. Certifications and records of examinations shall be retained for
one year.
(e) The person making the measurements or nondestructive tests as
required by paragraph (c) of this section shall record the measurements
or test results and the date. This record shall be retained until the
rope is retired from service.

[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995]

Sec. 56.19024 Retirement criteria.

Unless damage or deterioration is removed by cutoff, wire ropes
shall be removed from service when any of the following conditions
occurs:
(a) The number of broken wires within a rope lay length, excluding
filler wires, exceeds either--
(1) Five percent of the total number of wires; or
(2) Fifteen percent of the total number of wires within any strand.
(b) On a regular lay rope, more than one broken wire in the valley
between strands in one rope lay length.
(c) A loss of more than one-third of the original diameter of the
outer wires.
(d) Rope deterioration from corrosion.
(e) Distortion of the rope structure.
(f) Heat damage from any source.
(g) Diameter reduction due to wear that exceeds six percent of the
baseline diameter measurement.
(h) Loss of more than ten percent of rope strength as determined by
nondestructive testing.

Sec. 56.19025 Load end attachments.

(a) Wire rope shall be attached to the load by a method that
develops at least 80 percent of the nominal strength of the rope.
(b) Except for terminations where use of other materials is a design
feature, zinc (spelter) shall be used for socketing wire ropes. Design
feature means either the manufacturer's original design or a design
approved by a registered professional engineer.
(c) Load end attachment methods using splices are prohibited.

Sec. 56.19026 Drum end attachment.

(a) For drum end attachment, wire rope shall be attached--
(1) Securely by clips after making one full turn around the drum
spoke;
(2) Securely by clips after making one full turn around the shaft,
if the drum is fixed to the shaft; or
(3) By properly assembled anchor bolts, clamps, or wedges, provided
that the attachment is a design feature of the hoist drum. Design
feature means either the manufacturer's original design or a design
approved by a registered professional engineer.
(b) A minimum of three full turns of wire rope shall be on the drum
when the rope is extended to its maximum working length.

Sec. 56.19027 End attachment retermination.

Damaged or deteriorated wire rope shall be removed by cutoff and the
rope reterminated where there is--
(a) More than one broken wire at an attachment;
(b) Improper installation of an attachment;
(c) Slippage at an attachment; or
(d) Evidence of deterioration from corrosion at an attachment.

Sec. 56.19028 End attachment replacement.

Wire rope attachments shall be replaced when cracked, deformed, or
excessively worn.

Sec. 56.19030 Safety device attachments.

Safety device attachments to hoist ropes shall be selected,
installed, and maintained according to manufacturers' specifications to
minimize internal corrosion and weakening of the hoist rope.

[[Page 338]]

Headframes and Sheaves

Sec. 56.19035 Headframe design.

All headframes shall be constructed with suitable design
considerations to allow for all dead loads, live loads, and wind loads.

Sec. 56.19036 Headframe height.

Headframes shall be high enough to provide clearance for overtravel
and safe stopping of the conveyance.

Sec. 56.19037 Fleet angles.

Fleet angles on hoists installed after November 15, 1979, shall not
be greater than one and one-half degrees for smooth drums or two degrees
for grooved drums.

Sec. 56.19038 Platforms around elevated head sheaves.

Platforms with toeboards and handrails shall be provided around
elevated head sheaves.

Conveyances

Sec. 56.19045 Metal bonnets.

Man cages and skips used for hoisting or lowering employees or other
persons in any vertical shaft or any incline-shaft with an angle of
inclination of forty-five degrees from the horizontal, shall be covered
with a metal bonnet.

Sec. 56.19049 Hoisting persons in buckets.

Buckets shall not be used to hoist persons except during shaft
sinking operations, inspection, maintenance, and repairs.

Sec. 56.19050 Bucket requirements.

Buckets used to hoist persons during vertical shaft sinking
operations shall--
(a) Be securely attached to a crosshead when traveling in either
direction between the lower and upper crosshead parking locations;
(b) Have overhead protection when the shaft depth exceeds 50 feet;
(c) Have sufficient depth or a suitably designed platform to
transport persons safely in a standing position; and
(d) Have devices to prevent accidental dumping where the bucket is
supported by a bail attached to its lower half.

Sec. 56.19054 Rope guides.

Where rope guides are used in shafts other than in shaft sinking
operations, the rope guides shall be a type of lock coil construction.

Hoisting Procedures

Sec. 56.19055 Availability of hoist operator for manual hoists.

When a manually operated hoist is used, a qualified hoistman shall
remain within hearing of the telephone or signal device at all times
while any person is underground.

Sec. 56.19056 Availability of hoist operator for automatic hoists.

When automatic hoisting is used, a competent operator of the hoist
shall be readily available at or near the hoisting device while any
person is underground.

Sec. 56.19057 Hoist operator's physical fitness.

No person shall operate a hoist unless within the preceding 12
months he has had a medical examination by a qualified, licensed
physician who shall certify his fitness to perform this duty. Such
certification shall be available at the mine.

Sec. 56.19058 Experienced hoist operators.

Only experienced hoistmen shall operate the hoist except in cases of
emergency and in the training of new hoistmen.

Sec. 56.19061 Maximum hoisting speeds.

The safe speed for hoisting persons shall be determined for each
shaft, and this speed shall not be exceeded. Persons should not be
hoisted at a speed faster than 2,500 feet per minute, except in an
emergency.

Sec. 56.19062 Maximum acceleration and deceleration.

Maximum normal operating acceleration and deceleration shall not
exceed 6 feet per second per second. During emergency braking, the
deceleration

[[Page 339]]

shall not exceed 16 feet per second per second.

Sec. 56.19063 Persons allowed in hoist room.

Only authorized persons shall be in hoist rooms.

Sec. 56.19065 Lowering conveyances by the brakes.

Conveyances shall not be lowered by the brakes alone except during
emergencies.

Sec. 56.19066 Maximum riders in a conveyance.

In shafts inclined over 45 degrees, the operator shall determine and
post in the conveyance or at each shaft station the maximum number of
persons permitted to ride in a hoisting conveyance at any one time. Each
person shall be provided a minimum of 1.5 square feet of floor space.

Sec. 56.19067 Trips during shift changes.

During shift changes, an authorized person shall be in charge of
each trip in which persons are hoisted.

Sec. 56.19068 Orderly conduct in conveyances.

Persons shall enter, ride, and leave conveyances in an orderly
manner.

Sec. 56.19069 Entering and leaving conveyances.

Persons shall not enter or leave conveyances which are in motion or
after a signal to move the conveyance has been given to the hoistman.

Sec. 56.19070 Closing cage doors or gates.

Cage doors or gates shall be closed while persons are being hoisted;
they shall not be opened until the cage has come to a stop.

Sec. 56.19071 Riding in skips or buckets.

Persons shall not ride in skips or buckets with muck, supplies,
materials, or tools other than small hand tools.

Sec. 56.19072 Skips and cages in same compartment.

When combinations of cages and skips are used in the same
compartment, the cages shall be enclosed to protect personnel from
flying material and the hoist speed reduced to man-speed as defined in
standard 56.19061, but not to exceed 1,000 feet per minute. Muck shall
not be hoisted with personnel during shift changes.

Sec. 56.19073 Hoisting during shift changes.

Rock or supplies shall not be hoisted in the same shaft as persons
during shift changes, unless the compartments and dumping bins are
partitioned to prevent spillage into the cage compartment.

Sec. 56.19074 Riding the bail, rim, bonnet, or crosshead.

Persons shall not ride the bail, rim, bonnet, or crosshead of any
shaft conveyance except when necessary for inspection and maintenance,
and then only when suitable protection for persons is provided.

Sec. 56.19075 Use of open hooks.

Open hooks shall not be used to hoist buckets or other conveyances.

Sec. 56.19076 Maximum speeds for hoisting persons in buckets.

When persons are hoisted in buckets, speeds shall not exceed 500
feet per minute and shall not exceed 200 feet per minute when within 100
feet of the intended station.

Sec. 56.19077 Lowering buckets.

Buckets shall be stopped about 15 feet from the shaft bottom to
await a signal from one of the crew on the bottom for further lowering.

Sec. 56.19078 Hoisting buckets from the shaft bottom.

All buckets shall be stopped after being raised about 3 feet above
the shaft bottom. A bucket shall be stabilized before a hoisting signal
is given to continue hoisting the bucket to the crosshead. After a
hoisting signal is given, hoisting to the crosshead shall be at a
minimum speed. The signaling device shall be attended constantly until a
bucket reaches the guides. When persons are hoisted, the signaling
devices shall be attended until the crosshead has been engaged.

[[Page 340]]

Sec. 56.19079 Blocking mine cars.

Where mine cars are hoisted by cage or skip, means for blocking cars
shall be provided at all landings and also on the cage.

Sec. 56.19080 Hoisting tools, timbers, and other materials.

When tools, timbers, or other materials are being lowered or raised
in a shaft by means of a bucket, skip, or cage, they shall be secured or
so placed that they will not strike the sides of the shaft.

Sec. 56.19081 Conveyances not in use.

When conveyances controlled by a hoist operator are not in use, they
shall be released and the conveyances shall be raised or lowered a
suitable distance to prevent persons from boarding or loading the
conveyances.

Sec. 56.19083 Overtravel backout device.

A manually operated device shall be installed on each electric hoist
that will allow the conveyance or counterbalance to be removed from an
over-travel position. Such device shall not release the brake, or
brakes, holding the overtravelled conveyance or counterbalance until
sufficient drive motor torque has been developed to assure movement of
the conveyance or counterbalance in the correct direction only.

Signaling

Sec. 56.19090 Dual signaling systems.

There shall be at least two effective approved methods of signaling
between each of the shaft stations and the hoist room, one of which
shall be a telephone or speaking tube.

Sec. 56.19091 Signaling instructions to hoist operator.

Hoist operators shall accept hoisting instructions only by the
regular signaling system unless it is out of order. In such an event,
and during other emergencies, the hoist operator shall accept
instructions to direct movement of the conveyances only from authorized
persons.

Sec. 56.19092 Signaling from conveyances.

A method shall be provided to signal the hoist operator from cages
or other conveyances at any point in the shaft.

Sec. 56.19093 Standard signal code.

A standard code of hoisting signals shall be adopted and used at
each mine. The movement of a shaft conveyance on a ``one bell'' signal
is prohibited.

Sec. 56.19094 Posting signal code.

A legible signal code shall be posted prominently in the hoist house
within easy view of the hoistman, and at each place where signals are
given or received.

Sec. 56.19095 Location of signal devices.

Hoisting signal devices shall be positioned within easy reach of
persons on the shaft bottom or constantly attended by a person stationed
on the lower deck of the sinking platform.

Sec. 56.19096 Familiarity with signal code.

Any person responsible for receiving or giving signals for cages,
skips, and mantrips when persons or materials are being transported
shall be familiar with the posted signaling code.

Shafts

Sec. 56.19100 Shaft landing gates.

Shaft landings shall be equipped with substantial safety gates so
constructed that materials will not go through or under them; gates
shall be closed except when loading or unloading shaft conveyances.

Sec. 56.19101 Stopblocks and derail switches.

Positive stopblocks or a derail switch shall be installed on all
tracks leading to a shaft collar or landing.

Sec. 56.19102 Shaft guides.

A means shall be provided to guide the movement of a shaft
conveyance.

Sec. 56.19103 Dumping facilities and loading pockets.

Dumping facilities and loading pockets shall be constructed so as to
minimize spillage into the shaft.

[[Page 341]]

Sec. 56.19104 Clearance at shaft stations.

Suitable clearance at shaft stations shall be provided to allow safe
movement of persons, equipment, and materials.

Sec. 56.19105 Landings with more than one shaft entrance.

A safe means of passage around open shaft compartments shall be
provided on landings with more than one entrance to the shaft.

Sec. 56.19106 Shaft sets.

Shaft sets shall be kept in good repair and clean of hazardous
material.

Sec. 56.19107 Precautions for work in compartment affected by
hoisting operation.

Hoistmen shall be informed when persons are working in a compartment
affected by that hoisting operation and a ``Men Working in Shaft'' sign
shall be posted at the hoist.

Sec. 56.19108 Posting warning signs during shaft work.

When persons are working in a shaft ``Men Working in Shaft'' signs
shall be posted at all devices controlling hoisting operations that may
endanger such persons.

Sec. 56.19109 Shaft inspection and repair.

Shaft inspection and repair work in vertical shafts shall be
performed from substantial platforms equipped with bonnets or equivalent
overhead protection.

Sec. 56.19110 Overhead protection for shaft deepening work.

A substantial bulkhead or equivalent protection shall be provided
above persons at work deepening a shaft.

Sec. 56.19111 Shaft-sinking ladders.

Substantial fixed ladders shall be provided from the collar to as
near the shaft bottom as practical during shaft-sinking operations, or
an escape hoist powered by an emergency power source shall be provided.
When persons are on the shaft bottom, a chain ladder, wire rope ladder,
or other extension ladders shall be used from the fixed ladder or lower
limit of the escape hoist to the shaft bottom.

Inspection and Maintenance

Sec. 56.19120 Procedures for inspection, testing, and maintenance.

A systematic procedure of inspection, testing, and maintenance of
shafts and hoisting equipment shall be developed and followed. If it is
found or suspected that any part is not functioning properly, the hoist
shall not be used until the malfunction has been located and repaired or
adjustments have been made.

Sec. 56.19121 Recordkeeping.

At the time of completion, the person performing inspections, tests,
and maintenance of hoisting equipment required in standard 56.19120
shall certify, by signature and date, that they have been done. A record
of any part that is not functioning properly shall be made and dated.
Certifications and records shall be retained for one year.

(Sec. 101, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291
(30 U.S.C. 811))

[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995]

Sec. 56.19122 Replacement parts.

Parts used to repair hoists shall have properties that will ensure
the proper and safe function of the hoist.

Sec. 56.19129 Examinations and tests at beginning of shift.

Hoistmen shall examine their hoists and shall test overtravel,
deadman controls, position indicators, and braking mechanisms at the
beginning of each shift.

Sec. 56.19130 Conveyance shaft test.

Before hoisting persons and to assure that the hoisting compartments
are clear of obstructions, empty hoist conveyances shall be operated at
least one round trip after:
(a) Any hoist or shaft repairs or related equipment repairs that
might restrict or obstruct conveyance clearance;
(b) Any oversize or overweight material or equipment trips that
might restrict or obstruct conveyance clearance;

[[Page 342]]

(c) Blasting in or near the shaft that might restrict or obstruct
conveyance clearance; or
(d) Remaining idle for one shift or longer.

Sec. 56.19131 Hoist conveyance connections.

Hoist conveyance connections shall be inspected at least once during
any 24-hour period that the conveyance is used for hoisting persons.

Sec. 56.19132 Safety catches.

(a) A performance drop test of hoist conveyance safety catches shall
be made at the time of installation, or prior to installation, in a
mockup of the actual installation. The test shall be certified to in
writing by the manufacturer or by a registered professional engineer
performing the test.
(b) After installation and before use, and at the beginning of any
seven day period during which the conveyance is to be used, the
conveyance shall be suitably rested and the hoist rope slackened to test
for the unrestricted functioning of the safety catches and their
activating mechanisms.
(c) The safety catches shall be inspected by a competent person at
the beginning of any 24-hour period that the conveyance is to be used.

Sec. 56.19133 Shaft.

Shafts that have not been inspected within the past 7 days shall not
be used until an inspection has been conducted by a competent person.

Sec. 56.19134 Sheaves.

Sheaves in operating shafts shall be inspected weekly and kept
properly lubricated.

Sec. 56.19135 Rollers in inclined shafts.

Rollers used in operating inclined shafts shall be lubricated,
properly aligned, and kept in good repair.

Subpart S_Miscellaneous

Sec. 56.20001 Intoxicating beverages and narcotics.

Intoxicating beverages and narcotics shall not be permitted or used
in or around mines. Persons under the influence of alcohol or narcotics
shall not be permitted on the job.

Sec. 56.20002 Potable water.

(a) An adequate supply of potable drinking water shall be provided
at all active working areas.
(b) The common drinking cup and containers from which drinking water
must be dipped or poured are prohibited.
(c) Where single service cups are supplied, a sanitary container for
unused cups and a receptacle for used cups shall be provided.
(d) When water is cooled by ice, the ice shall either be of potable
water or shall not come in contact with the water.
(e) Potable water outlets shall be posted.
(f) Potable water systems shall be constructed to prevent backflow
or backsiphonage of non-potable water.

Sec. 56.20003 Housekeeping.

At all mining operations--
(a) Workplaces, passageways, storerooms, and service rooms shall be
kept clean and orderly;
(b) The floor of every workplace shall be maintained in a clean and,
so far as possible, dry condition. Where wet processes are used,
drainage shall be maintained, and false floors, platforms, mats, or
other dry standing places shall be provided where practicable; and
(c) Every floor, working place, and passageway shall be kept free
from protruding nails, splinters, holes, or loose boards, as
practicable.

Sec. 56.20005 Carbon tetrachloride.

Carbon tetrachloride shall not be used.

Sec. 56.20008 Toilet facilities.

(a) Toilet facilities shall be provided at locations that are
compatible with the mine operations and that are readily accessible to
mine personnel.
(b) The facilities shall be kept clean and sanitary. Separate toilet
facilities shall be provided for each sex except where toilet rooms will
be occupied by no more than one person at a time and can be locked from
the inside.

[[Page 343]]

Sec. 56.20009 Tests for explosive dusts.

Dusts suspected of being explosive shall be tested for
explosibility. If tests prove positive, appropriate control measures
shall be taken.

Sec. 56.20010 Retaining dams.

If failure of a water or silt retaining dam will create a hazard, it
shall be of substantial construction and inspected at regular intervals.

Sec. 56.20011 Barricades and warning signs.

Areas where health or safety hazards exist that are not immediately
obvious to employees shall be barricaded, or warning signs shall be
posted at all approaches. Warning signs shall be readily visible,
legible, and display the nature of the hazard and any protective action
required.

Sec. 56.20013 Waste receptacles.

Receptacles with covers shall be provided at suitable locations and
used for the disposal of waste food and associated materials. They shall
be emptied frequently and shall be maintained in a clean and sanitary
condition.

Sec. 56.20014 Prohibited areas for food and beverages.

No person shall be allowed to consume or store food or beverages in
a toilet room or in any area exposed to a toxic material.

Subpart T_Safety Program for Surface Mobile Equipment

Source: 88 FR 87926, Dec. 20, 2023, unless otherwise noted.

Sec. 56.23000 Purpose and scope.

This subpart requires operators to develop, implement, and update a
written safety program for surface mobile equipment to reduce the number
and rates of accidents, injuries, and fatalities. This subpart applies
to surface mobile equipment at surface metal and nonmetal mines. The
purpose of this safety program is to promote and support a positive
safety culture and improve miners' safety at the mine.

Sec. 56.23001 Definitions.

The following definitions apply in this subpart--
Responsible person means a person with authority and responsibility
to evaluate and update a written safety program for surface mobile
equipment.
Surface mobile equipment means wheeled, skid-mounted, track-mounted,
or rail-mounted equipment capable of moving or being moved, and any
powered equipment that transports people, equipment, or materials,
excluding belt conveyors, at surface metal and nonmetal mines.

Sec. 56.23002 Written safety program.

(a) Each operator shall develop and implement a written safety
program for surface mobile equipment that contains the elements in this
subpart, no later than July 17, 2024.
(b) Each operator shall designate at least one responsible person to
evaluate and update the written safety program, no later than July 17,
2024.

Sec. 56.23003 Requirements for written safety program.

(a) The operator shall develop and implement a written safety
program that includes actions the operator will take to:
(1) Identify and analyze hazards and reduce the resulting risks
related to the movement and the operation of surface mobile equipment;
(2) Develop and maintain procedures and schedules for routine
maintenance and non-routine repairs for surface mobile equipment;
(3) Identify currently available and newly emerging feasible
technologies that can enhance safety at the mine and evaluate whether to
adopt them; and
(4) Train miners and other persons at the mine necessary to perform
work to identify and address or avoid hazards related to surface mobile
equipment.
(b) The responsible person shall evaluate and update the written
safety program at least annually, or as mining conditions or practices
change that may adversely affect the health and safety of miners or
other persons, as accidents or injuries occur, or as surface mobile
equipment changes or modifications are made.

[[Page 344]]

(c) The operator shall solicit input from miners and their
representatives in developing and updating the written safety program.

Sec. 56.23004 Record and inspection.

(a) The operator shall make the written safety program available for
inspection by authorized representatives of the Secretary and provide a
copy upon request.
(b) The operator shall make the written safety program available for
inspection by miners and their representatives and, at no cost, provide
a copy upon request.

PART 57_SAFETY AND HEALTH STANDARDS_UNDERGROUND METAL AND NONMETAL MINES--
Table of Contents

Subpart A_General

Sec.
57.1 Purpose and scope.
57.2 Definitions.

Procedures

57.1000 Notification of commencement of operations and closing of mines.

Subpart B_Ground Control

57.3000 Definitions.

Scaling and Support--Surface and Underground

57.3200 Correction of hazardous conditions.
57.3201 Location for performing scaling.
57.3202 Scaling tools.
57.3203 Rock fixtures.

Scaling and Support--Underground Only

57.3360 Ground support use.

Precautions--Surface and Underground

57.3400 Secondary breakage.
57.3401 Examination of ground conditions.

Precautions--Surface Only

57.3430 Activity between machinery or equipment and the highwall or
bank.

Precautions--Underground Only

57.3460 Maintenance between machinery or equipment and ribs.
57.3461 Rock bursts.

Subpart C_Fire Prevention and Control

57.4000 Definitions.
57.4011 Abandoned electric circuits.
57.4057 Underground trailing cables.

Prohibitions/Precautions/Housekeeping

57.4100 Smoking and use of open flames.
57.4101 Warning signs.
57.4102 Spillage and leakage.
57.4103 Fueling internal combustion engines.
57.4104 Combustible waste.
57.4130 Surface electric substations and liquid storage facilities.
57.4131 Surface fan installations and mine openings.
57.4160 Underground electric substations and liquid storage facilities.
57.4161 Use of fire underground.

Firefighting Equipment

57.4200 General requirements.
57.4201 Inspection.
57.4202 Fire hydrants.
57.4203 Extinguisher recharging or replacement.
57.4230 Surface self-propelled equipment.
57.4260 Underground self-propelled equipment.
57.4261 Shaft-station waterlines.
57.4262 Underground transformer stations, combustible liquid storage and
dispensing areas, pump rooms, compressor rooms, and hoist
rooms.
57.4263 Underground belt conveyors.

Firefighting Procedures/Alarms/Drills

57.4330 Surface firefighting, evacuation, and rescue procedures.
57.4331 Surface firefighting drills.
57.4360 Underground alarm systems.
57.4361 Underground evacuation drills.
57.4362 Underground rescue and firefighting operations.
57.4363 Underground evacuation instruction.

Flammable and Combustible Liquids and Gases

57.4400 Use restrictions.
57.4401 Storage tank foundations.
57.4402 Safety can use.
57.4430 Surface storage facilities.
57.4431 Surface storage restrictions.
57.4460 Storage of flammable liquids underground.
57.4461 Gasoline use restrictions underground.
57.4462 Storage of combustible liquids underground.
57.4463 Liquefied petroleum gas use underground.

Installation/Construction/Maintenance

57.4500 Heat sources.
57.4501 Fuel lines.
57.4502 Battery-charging stations.
57.4503 Conveyor belt slippage.
57.4504 Fan installations.
57.4505 Fuel lines to underground areas.
57.4530 Exits for surface buildings and structures.

[[Page 345]]

57.4531 Surface flammable or combustible liquid storage buildings or
rooms.
57.4532 Blacksmith shops.
57.4533 Mine opening vicinity.
57.4560 Mine entrances.
57.4561 Stationary diesel equipment underground.

Welding/Cutting/Compressed Gases

57.4600 Extinguishing equipment.
57.4601 Oxygen cylinder storage.
57.4602 Gauges and regulators.
57.4603 Closure of valves.
57.4604 Preparation of pipelines or containers.
57.4660 Work in shafts, raises, or winzes and other activities involving
hazard areas.

Ventilation Control Measures

57.4760 Shaft mines.
57.4761 Underground shops.

Appendix I to Subpart C of Part 57--National Consensus Standards

Subpart D_Air Quality, Radiation, Physical Agents, and Diesel
Particulate Matter

Air Quality--Surface and Underground

57.5001 Exposure limits for airborne contaminants.
57.5001T Exposure limits for airborne contaminants.
57.5002 Exposure monitoring.
57.5005 Control of exposure to airborne contaminants.
57.5005T Control of exposure to airborne contaminants.
57.5006 Restricted use of chemicals.

Air Quality--Surface Only [Reserved]

Air Quality--Underground Only

57.5015 Oxygen deficiency.

Radiation--Underground Only

57.5037 Radon daughter exposure monitoring.
57.5038 Annual exposure limits.
57.5039 Maximum permissible concentration.
57.5040 Exposure records.
57.5041 Smoking prohibition.
57.5042 Revised exposure levels.
57.5044 Respirators.
57.5045 Posting of inactive workings.
57.5046 Protection against radon gas.
57.5047 Gamma radiation surveys.

Diesel Particulate Matter--Underground Only

57.5060 Limit on exposure to diesel particulate matter.
57.5061 Compliance determinations.
57.5065 Fueling practices.
57.5066 Maintenance standards.
57.5067 Engines.
57.5070 Miner training.
57.5071 Exposure monitoring.
57.5075 Diesel particulate records.

Subpart E_Explosives

57.6000 Definitions.

Storage--Surface and Underground

57.6100 Separation of stored explosive material.
57.6101 Areas around explosive material storage facilities.
57.6102 Explosive material storage practices.

Storage--Surface Only

57.6130 Explosive material storage facilities.
57.6131 Location of explosive material storage facilities.
57.6132 Magazine requirements.
57.6133 Powder chests.

Storage--Underground Only

57.6160 Main facilities.
57.6161 Auxiliary facilities.

Transportation--Surface and Underground

57.6200 Delivery to storage or blast site areas.
57.6201 Separation of transported explosive material.
57.6202 Vehicles.
57.6203 Locomotives.
57.6204 Hoists.
57.6205 Conveying explosives by hand.

Use--Surface and Underground

57.6300 Control of blasting operations.
57.6301 Blasthole obstruction check.
57.6302 Separation of explosive material.
57.6303 Initiation preparation.
57.6304 Primer protection.
57.6305 Unused explosive material.
57.6306 Loading, blasting, and security.
57.6307 Drill stem loading.
57.6308 Initiation systems.
57.6309 Fuel oil requirements for ANFO.
57.6310 Misfire waiting period.
57.6311 Handling of misfires.
57.6312 Secondary blasting.

Electric Blasting--Surface and Underground

57.6400 Compatibility of electric detonators.
57.6401 Shunting.
57.6402 Deenergized circuits near detonators.
57.6403 Branch circuits.
57.6404 Separation of blasting circuits from power source.
57.6405 Firing devices.
57.6406 Duration of current flow.
57.6407 Circuit testing.

[[Page 346]]

Nonelectric Blasting--Surface and Underground

57.6500 Damaged initiating material.
57.6501 Nonelectric initiation systems.
57.6502 Safety fuse.

Extraneous Electricity--Surface and Underground

57.6600 Loading practices.
57.6601 Grounding.
57.6602 Static electricity dissipation during loading.
57.6603 Air gap.
57.6604 Precautions during storms.
57.6605 Isolation of blasting circuits.

Equipment/Tools--Surface and Underground

57.6700 Nonsparking tools.
57.6701 Tamping and loading pole requirements.

Maintenance--Surface and Underground

57.6800 Storage facilities.
57.6801 Vehicle repair.
57.6802 Bulk delivery vehicles.
57.6803 Blasting lines.

General Requirements--Surface and Underground

57.6900 Damaged or deteriorated explosive material.
57.6901 Black powder.
57.6902 Excessive temperatures.
57.6903 Burning explosive material.
57.6904 Smoking and open flames.
57.6905 Protection of explosive material.

General Requirements--Underground Only

57.6960 Mixing of explosive material.

Subpart F_Drilling and Rotary Jet Piercing

Drilling--Surface Only

57.7002 Equipment defects.
57.7003 Drill area inspection.
57.7004 Drill mast.
57.7005 Augers and drill stems.
57.7008 Moving the drill.
57.7009 Drill helpers.
57.7010 Power failures.
57.7011 Straightening crossed cables.
57.7012 Tending drills in operation.
57.7013 Covering or guarding drill holes.
57.7018 Hand clearance.

Drilling--Underground Only

57.7028 Hand clearance.
57.7032 Anchoring.

Drilling--Surface and Underground

57.7050 Tool and drill steel racks.
57.7051 Loose objects on the mast or drill platform.
57.7052 Drilling positions.
57.7053 Moving hand-held drills.
57.7054 Starting or moving drill equipment.
57.7055 Intersecting holes.
57.7056 Collaring in bootlegs.

Rotary Jet Piercing--Surface Only

57.7801 Jet drills.
57.7802 Oxygen hose lines.
57.7803 Lighting the burner.
57.7804 Refueling.
57.7805 Smoking and open flames.
57.7806 Oxygen intake coupling.
57.7807 Flushing the combustion chamber.

Subpart G_Ventilation

Surface and Underground

57.8518 Main and booster fans.
57.8519 Underground main fan controls.

Underground Only

57.8520 Ventilation plan.
57.8525 Main fan maintenance.
57.8527 Oxygen-deficiency testing.
57.8528 Unventilated areas.
57.8529 Auxiliary fan systems.
57.8531 Construction and maintenance of ventilation doors.
57.8532 Opening and closing ventilation doors.
57.8534 Shutdown or failure of auxiliary fans.
57.8535 Seals.

Subpart H_Loading, Hauling, and Dumping

Traffic Safety

57.9100 Traffic control.
57.9101 Operating speeds and control of equipment.
57.9102 Movement of independently operating rail equipment.
57.9103 Clearance on adjacent tracks.
57.9104 Railroad crossings.
57.9160 Train movement during shift changes.

Transportation of Persons and Materials

57.9200 Transporting persons.
57.9201 Loading, hauling, and unloading of equipment or supplies.
57.9202 Loading and hauling large rocks.
57.9260 Supplies, materials, and tools on mantrips.
57.9261 Transporting tools and materials on locomotives.

Safety Devices, Provisions, and Procedures for Roadways, Railroads, and
Loading and Dumping Sites

57.9300 Berms or guardrails.
57.9301 Dump site restraints.
57.9302 Protection against moving or runaway railroad equipment.

[[Page 347]]

57.9303 Construction of ramps and dumping facilities.
57.9304 Unstable ground.
57.9305 Truck spotters.
57.9306 Warning devices for restricted clearances.
57.9307 Design, installation, and maintenance of railroads.
57.9308 Switch throws.
57.9309 Chute design.
57.9310 Chute hazards.
57.9311 Anchoring stationary sizing devices.
57.9312 Working around drawholes.
57.9313 Roadway maintenance.
57.9314 Trimming stockpile and muckpile faces.
57.9315 Dust control.
57.9316 Notifying the equipment operator.
57.9317 Suspended loads.
57.9318 Getting on or off moving equipment.
57.9319 Going over, under, or between railcars.
57.9330 Clearance for surface equipment.
57.9360 Shelter holes.
57.9361 Drawholes.
57.9362 Protection of signalmen.

Subpart I_Aerial Tramways

57.10001 Filling buckets.
57.10002 Inspection and maintenance.
57.10003 Correction of defects.
57.10004 Brakes.
57.10005 Track cable connections.
57.10006 Tower guards.
57.10007 Falling object protection.
57.10008 Riding tramways.
57.10009 Riding loaded buckets.
57.10010 Starting precautions.

Subpart J_Travelways and Escapeways

Travelways--Surface and Underground

57.11001 Safe access.
57.11002 Handrails and toeboards.
57.11003 Construction and maintenance of ladders.
57.11004 Portable rigid ladders.
57.11005 Fixed ladder anchorage and toe clearance.
57.11006 Fixed ladder landings.
57.11007 Wooden components of ladders.
57.11008 Restricted clearance.
57.11009 Walkways along conveyors.
57.11010 Stairstep clearance.
57.11011 Use of ladders.
57.11012 Protection for openings around travelways.
57.11013 Conveyor crossovers.
57.11014 Crossing moving conveyors.
57.11016 Snow and ice on walkways and travelways.
57.11017 Inclined fixed ladders.

Travelways--Surface Only

57.11025 Railed landings, backguards, and other protection for fixed
ladders.
57.11026 Protection for inclined fixed ladders.
57.11027 Scaffolds and working platforms.

Travelways--Underground Only

57.11036 Ladderway trap doors and guards.
57.11037 Ladderway openings.
57.11038 Entering a manway.
57.11040 Inclined travelways.
57.11041 Landings for inclined ladderways.

Escapeways--Underground Only

57.11050 Escapeways and refuges.
57.11051 Escape routes.
57.11052 Refuge areas.
57.11053 Escape and evacuation plans.
57.11054 Communication with refuge chambers.
57.11055 Inclined escapeways.
57.11056 Emergency hoists.
57.11058 Check-in, check-out system.
57.11059 Respirable atmosphere for hoist operators underground.

Subpart K_Electricity

Surface and Underground

57.12001 Circuit overload protection.
57.12002 Controls and switches.
57.12003 Trailing cable overload protection.
57.12004 Electrical conductors.
57.12005 Protection of power conductors from mobile equipment.
57.12006 Distribution boxes.
57.12007 Junction box connection procedures.
57.12008 Insulation and fittings for power wires and cables.
57.12010 Isolation or insulation of communication conductors.
57.12011 High-potential electrical conductors.
57.12012 Bare signal wires.
57.12013 Splices and repairs of power cables.
57.12014 Handling energized power cables.
57.12016 Work on electrically-powered equipment.
57.12017 Work on power circuits.
57.12018 Identification of power switches.
57.12019 Access to stationary electrical equipment or switchgear.
57.12020 Protection of persons at switchgear.
57.12021 Danger signs.
57.12022 Authorized persons at major electrical installations.
57.12023 Guarding electrical connections and resistor grids.
57.12025 Grounding circuit enclosures.
57.12026 Grounding transformer and switchgear enclosures.
57.12027 Grounding mobile equipment.
57.12028 Testing grounding systems.
57.12030 Correction of dangerous conditions.
57.12032 Inspection and cover plates.
57.12033 Hand-held electric tools.

[[Page 348]]

57.12034 Guarding around lights.
57.12035 Weatherproof lamp sockets.
57.12036 Fuse removal or replacement.
57.12037 Fuses in high-potential circuits.
57.12038 Attachment of trailing cables.
57.12039 Protection of surplus trailing cables.
57.12040 Installation of operating controls.
57.12041 Design of switches and starting boxes.
57.12042 Track bonding.
57.12045 Overhead powerlines.
57.12047 Guy wires.
57.12048 Communication conductors on power poles.
57.12050 Installation of trolley wires.
57.12053 Circuits powered from trolley wires.

Surface Only

57.12065 Short circuit and lightning protection.
57.12066 Guarding trolley wires and bare powerlines.
57.12067 Installation of transformers.
57.12068 Locking transformer enclosures.
57.12069 Lightning protection for telephone wires and ungrounded
conductors.
57.12071 Movement or operation of equipment near high-voltage
powerlines.

Underground Only

57.12080 Bare conductor guards.
57.12081 Bonding metal pipelines to ground return circuits.
57.12082 Isolation of powerlines.
57.12083 Support of power cables in shafts and boreholes.
57.12084 Branch circuit disconnecting devices.
57.12085 Transformer stations.
57.12086 Location of trolley wire.
57.12088 Splicing trailing cables.

Subpart L_Compressed Air and Boilers

57.13001 General requirements for boilers and pressure vessels.
57.13010 Reciprocating-type air compressors.
57.13011 Air receiver tanks.
57.13012 Compressor air intakes.
57.13015 Inspection of compressed-air receivers and other unfired
pressure vessels.
57.13017 Compressor discharge pipes.
57.13019 Pressure system repairs.
57.13020 Use of compressed air.
57.13021 High-pressure hose connections.
57.13030 Boilers.

Subpart M_Machinery and Equipment

57.14000 Definitions.

Safety Devices and Maintenance Requirements

57.14100 Safety defects; examination, correction and records.
57.14101 Brakes.
57.14102 Brakes for rail equipment.
57.14103 Operators' stations.
57.14104 Tire repairs.
57.14105 Procedures during repairs or maintenance.
57.14106 Falling object protection.
57.14107 Moving machine parts.
57.14108 Overhead drive belts.
57.14109 Unguarded conveyors with adjacent travelways.
57.14110 Flying or falling materials.
57.14111 Slusher, backlash guards and securing.
57.14112 Construction and maintenance of guards.
57.14113 Inclined conveyors: backstops or brakes.
57.14114 Air valves for pneumatic equipment.
57.14115 Stationary grinding machines.
57.14116 Hand-held power tools.
57.14130 Roll-over protective structures (ROPS) and seat belts for
surface equipment.
57.14131 Seat belts for surface haulage trucks.
57.14132 Horns and back-up alarms for surface equipment.
57.14160 Mantrip trolley wire hazards underground.
57.14161 Makeshift couplings.
57.14162 Trip lights.

Safety Practices and Operational Procedures

57.14200 Warnings prior to starting or moving equipment.
57.14201 Conveyor start-up warnings.
57.14202 Manual cleaning of conveyor pulleys.
57.14203 Application of belt dressing.
57.14204 Machinery lubrication.
57.14205 Machinery, equipment, and tools.
57.14206 Securing movable parts.
57.14207 Parking procedures for unattended equipment.
57.14208 Warning devices.
57.14209 Safety procedures for towing.
57.14210 Movement of dippers, buckets, loading booms, or suspended
loads.
57.14211 Blocking equipment in a raised position.
57.14212 Chains, ropes, and drive belts.
57.14213 Ventilation and shielding for welding.
57.14214 Train warnings.
57.14215 Coupling or uncoupling cars.
57.14216 Backpoling.
57.14217 Securing parked railcars.
57.14218 Movement of equipment on adjacent tracks.
57.14219 Brakeman signals.

Appendix I to Subpart M of Part 57--National Consensus Standards

[[Page 349]]

Subpart N_Personal Protection

Surface and Underground

57.15001 First aid materials.
57.15002 Hard hats.
57.15003 Protective footwear.
57.15004 Eye protection.
57.15005 Safety belts and lines.
57.15006 Protective equipment and clothing for hazards and irritants.
57.15007 Protective equipment or clothing for welding, cutting, or
working with molten metal.
57.15014 Eye protection when operating grinding wheels.

Surface Only

57.15020 Life jackets and belts.

Underground Only

57.15030 Provision and maintenance of self-rescue devices.
57.15031 Location of self-rescue devices.

Subpart O_Materials Storage and Handling

57.16001 Stacking and storage of materials.
57.16002 Bins, hoppers, silos, tanks, and surge piles.
57.16003 Storage of hazardous materials.
57.16004 Containers for hazardous materials.
57.16005 Securing gas cylinders.
57.16006 Protection of gas cylinder valves.
57.16007 Taglines, hitches, and slings.
57.16009 Suspended loads.
57.16010 Dropping materials from overhead.
57.16011 Riding hoisted loads or on the hoist hook.
57.16012 Storage of incompatible substances.
57.16013 Working with molten metal.
57.16014 Operator-carrying overhead cranes.
57.16015 Work or travel on overhead crane bridges.
57.16016 Lift trucks.
57.16017 Hoisting heavy equipment or material.

Subpart P_Illumination

57.17001 Illumination of surface working areas.
57.17010 Electric lamps.

Subpart Q_Safety Programs

Surface and Underground

57.18002 Examination of working places.
57.18006 New employees.
57.18009 Designation of person in charge.
57.18010 First aid.
57.18012 Emergency telephone numbers.
57.18013 Emergency communications system.
57.18014 Emergency medical assistance and transportation.

Surface Only

57.18020 Working alone.

Underground Only

57.18025 Working alone.
57.18028 Mine emergency and self-rescuer training

Subpart R_Personnel Hoisting

57.19000 Application.

Hoists

57.19001 Rated capacities.
57.19002 Anchoring.
57.19003 Driving mechanism connections.
57.19004 Brakes.
57.19005 Locking mechanism for clutch.
57.19006 Automatic hoist braking devices.
57.19007 Overtravel and overspeed devices.
57.19008 Friction hoist synchronizing mechanisms.
57.19009 Position indicator.
57.19010 Location of hoist controls.
57.19011 Drum flanges.
57.19012 Grooved drums.
57.19013 Diesel-and other fuel-injection-powered hoists.
57.19014 Friction hoist overtravel protection.
57.19017 Emergency braking for electric hoists.
57.19018 Overtravel by-pass switches.

Wire Ropes

57.19019 Guide ropes.
57.19021 Minimum rope strength.
57.19022 Initial measurement.
57.19023 Examinations.
57.19024 Retirement criteria.
57.19025 Load end attachments.
57.19026 Drum end attachment.
57.19027 End attachment retermination.
57.19028 End attachment replacement.
57.19030 Safety device attachments.

Headframes and Sheaves

57.19035 Headframe design.
57.19036 Headframe height.
57.19037 Fleet angles.
57.19038 Platforms around elevated head sheaves.

Conveyances

57.19045 Metal bonnets.
57.19049 Hoisting persons in buckets.
57.19050 Bucket requirements.
57.19054 Rope guides.

Hoisting Procedures

57.19055 Availability of hoist operator for manual hoists.
57.19056 Availability of hoist operator for automatic hoists.
57.19057 Hoist operator's physical fitness.

[[Page 350]]

57.19058 Experienced hoist operators.
57.19061 Maximum hoisting speeds.
57.19062 Maximum acceleration and deceleration.
57.19063 Persons allowed in hoist room.
57.19065 Lowering conveyances by the brakes.
57.19066 Maximum riders in a conveyance.
57.19067 Trips during shift changes.
57.19068 Orderly conduct in conveyances.
57.19069 Entering and leaving conveyances.
57.19070 Closing cage doors or gates.
57.19071 Riding in skips or buckets.
57.19072 Skips and cages in same compartment.
57.19073 Hoisting during shift changes.
57.19074 Riding the bail, rim, bonnet, or crosshead.
57.19075 Use of open hooks.
57.19076 Maximum speeds for hoisting persons in buckets.
57.19077 Lowering buckets.
57.19078 Hoisting buckets from the shaft bottom.
57.19079 Blocking mine cars.
57.19080 Hoisting tools, timbers, and other materials.
57.19081 Conveyances not in use.
57.19083 Overtravel backout device.

Signaling

57.19090 Dual signaling systems.
57.19091 Signaling instructions to hoist operator.
57.19092 Signaling from conveyances.
57.19093 Standard signal code.
57.19094 Posting signal code.
57.19095 Location of signal devices.
57.19096 Familiarity with signal code.

Shafts

57.19100 Shaft landing gates.
57.19101 Stopblocks and derail switches.
57.19102 Shaft guides.
57.19103 Dumping facilities and loading pockets.
57.19104 Clearance at shaft stations.
57.19105 Landings with more than one shaft entrance.
57.19106 Shaft sets.
57.19107 Precautions for work in compartment affected by hoisting
operation.
57.19108 Posting warning signs during shaft work.
57.19109 Shaft inspection and repair.
57.19110 Overhead protection for shaft deepening work.
57.19111 Shaft-sinking ladders.

Inspection and Maintenance

57.19120 Procedures for inspection, testing, and maintenance.
57.19121 Recordkeeping.
57.19122 Replacement parts.
57.19129 Examinations and tests at beginning of shift.
57.19130 Conveyance shaft test.
57.19131 Hoist conveyance connections.
57.19132 Safety catches.
57.19133 Shaft.
57.19134 Sheaves.
57.19135 Rollers in inclined shafts.

Subpart S_Miscellaneous

57.20001 Intoxicating beverages and narcotics.
57.20002 Potable water.
57.20003 Housekeeping.
57.20005 Carbon tetrachloride.
57.20008 Toilet facilities.
57.20009 Tests for explosive dusts.
57.20010 Retaining dams.
57.20011 Barricades and warning signs.
57.20013 Waste receptacles.
57.20014 Prohibited areas for food and beverages.
57.20020 Unattended mine openings.
57.20021 Abandoned mine openings.
57.20031 Blasting underground in hazardous areas.
57.20032 Two-way communication equipment for underground operations.

Subpart T_Safety Standards for Methane in Metal and Nonmetal Mines

General

57.22001 Scope.
57.22002 Definitions.

Mine Categorization

57.22003 Mine category or subcategory.
57.22004 Category placement or change in placement.
57.22005 Notice and appeal of placement or change in placement.

Fire Prevention and Control

57.22101 Smoking (I-A, II-A, III, and V-A mines).
57.22102 Smoking (I-C mines).
57.22103 Open flames (I-A, II-A, III, and V-A mines).
57.22104 Open flames (I-C mines).
57.22105 Smoking and open flames (IV mines).
57.22106 Dust containing volatile matter (I-C mines).

Ventilation

57.22201 Mechanical ventilation (I-A, I-B, I-C, II-A, II-B, III, IV, V-
A, and V-B mines).
57.22202 Main fans (I-A, I-B, I-C, II-A, III, V-A, and V-B mines).
57.22203 Main fan operation (I-C mines).
57.22204 Main fan operation and inspection (I-A, II-A, III, and V-A
mines).
57.22205 Doors on main fans (I-A, II-A, III, and V-A mines).
57.22206 Main ventilation failure (I-A, II-A, III, and V-A mines).

[[Page 351]]

57.22207 Booster fans (I-A, II-A, III, and V-A mines).
57.22208 Auxiliary fans (I-A, II-A, III, and V-A mines).
57.22209 Auxiliary fans (I-C mines).
57.22210 In-line filters (I-C mines).
57.22211 Air flow (I-A mines).
57.22212 Air flow (I-C, II-A, and V-A mines).
57.22213 Air flow (III mines).
57.22214 Changes in ventilation (I-A, II-A, III, and V-A mines).
57.22215 Separation of intake and return air (I-A, II-A, III, and V-A
mines).
57.22216 Separation of intake and return air (I-C mines).
57.22217 Seals and stoppings (I-A, I-B and I-C mines).
57.22218 Seals and stoppings (III, V-A, and V-B mines).
57.22219 Seals and stoppings (II-A mines).
57.22220 Air passing unsealed areas (I-A, II-A, III, and V-A mines).
57.22221 Overcast and undercast construction (I-A, II-A, III, and V-A
mines).
57.22222 Ventilation materials (I-A, I-B, I-C, II-A, III, V-A, and V-B
mines).
57.22223 Crosscuts before abandonment (III mines).
57.22224 Auxiliary equipment stations (I-A and III mines).
57.22225 Auxiliary equipment stations (I-C mines).
57.22226 Testing for methane (IV mines).
57.22227 Approved testing devices (I-A, I-B, I-C, II-A, II-B, III, IV,
V-A, and V-B mines).
57.22228 Preshift examination (I-A, I-C, II-A, III, and V-A mines).
57.22229 Weekly testing (I-A, III, and V-A mines).
57.22230 Weekly testing (II-A mines.
57.22231 Actions at 0.25 percent methane (I-B, II-B, V-B and VI mines).
57.22232 Actions at 0.5 percent methane (I-B, II-A, II-B, IV, V-B, and
VI mines).
57.22233 Actions at 0.5 percent methane (I-C mines).
57.22234 Actions at 1.0 percent methane (I-A, I-B, III, V-A, and V-B
mines).
57.22235 Actions at 1.0 percent methane (I-C, II-A, II-B, and IV mines).
57.22236 Actions at 1.0 percent methane (VI mines).
57.22237 Actions at 2.0 to 2.5 percent methane in bleeder systems (I-A
and III mines).
57.22238 Actions at 2.0 percent methane (I-B, II-B, V-B, and VI mines).
57.22239 Actions at 2.0 percent methane (IV mines).
57.22240 Actions at 2.0 percent methane (V-A mines).
57.22241 Advance face boreholes (I-C mines).

Equipment

57.22301 Atmospheric monitoring systems (I-A, II-A, and V-A mines).
57.22302 Approved equipment (I-A and V-A mines).
57.22303 Approved equipment (I-C mines).
57.22304 Approved equipment (II-A mines).
57.22305 Approved equipment (III mines).
57.22306 Methane monitors (I-A mines).
57.22307 Methane monitors (II-A mines).
57.22308 Methane monitors (III mines).
57.22309 Methane monitors (V-A mines).
57.22310 Electrical cables (I-C mines).
57.22311 Electrical cables (II-A mines).
57.22312 Distribution boxes (II-A and V-A mines).
57.22313 Explosion-protection systems (I-C mines).
57.22314 Flow-control devices (V-A and V-B mines).
57.22315 Self-contained breathing apparatus (V-A mines).

Underground Retorts

57.22401 Underground retorts (I-A and I-B mines).

Illumination

57.22501 Personal electric lamps (I-A, I-B, I-C, II-A, II-B, III, IV, V-
A, and V-B mines).

Explosives

57.22601 Blasting from the surface (I-A mines).
57.22602 Blasting from the surface (I-C mines).
57.22603 Blasting from the surface (II-A mines).
57.22604 Blasting from the surface (II-B mines).
57.22605 Blasting from the surface (V-A mines).
57.22606 Explosive materials and blasting units (III mines).
57.22607 Blasting on shift (III mines).
57.22608 Secondary blasting (I-A, II-A, and V-A mines).

Appendix I to Subpart T of Part 57--Standard Applicability By Category
or Subcategory

Subpart U_Safety Program for Surface Mobile Equipment

57.23000 Purpose and scope.
57.23001 Definitions.
57.23002 Written safety program.
57.23003 Requirements for written safety program.
57.23004 Record and inspection.

Authority: 30 U.S.C. 811.

Source: 50 FR 4082, Jan. 29, 1985, unless otherwise noted.

[[Page 352]]

Subpart A_General

Sec. 57.1 Purpose and scope.

This part 57 sets forth mandatory safety and health standards for
each underground metal or nonmetal mine, including related surface
operations, subject to the Federal Mine Safety and Health Act of 1977.
The purpose of these standards is the protection of life, the promotion
of health and safety, and the prevention of accidents.

Sec. 57.2 Definitions.

The following definitions apply to this part. In addition
definitions contained in any subpart of part 57 apply in that subpart.
If inconsistent with the general definitions in this section, the
definition in the subpart will apply in that subpart:
Abandoned areas means areas in which work has been completed, no
further work is planned, and travel is not permitted.
Abandoned mine means all work has stopped on the mine premises and
an office with a responsible person in charge is no longer maintained at
the mine.
Abandoned workings means deserted mine areas in which further work
is not intended.
Active workings means areas at, in, or around a mine or plant where
men work or travel.
American Table of Distances means the current edition of ``The
American Table of Distances for Storage of Explosives'' published by the
Institute of Makers of Explosives.
Approved means tested and accepted for a specific purpose by a
nationally recognized agency.
Attended means presence of an individual or continuous monitoring to
prevent unauthorized entry or access. In addition, areas containing
explosive material at underground areas of a mine can be considered
attended when all access to the underground areas of the mine is secured
from unauthorized entry. Vertical shafts shall be considered secure.
Inclined shafts or adits shall be considered secure when locked at the
surface.
Authorized person means a person approved or assigned by mine
management to perform a specific type of duty or duties or to be at a
specific location or locations in the mine.
Auxilary fan means a fan used to deliver air to a working place off
the main airstream; generally used with ventilation tubing.
Barricaded means obstructed to prevent the passage of persons,
vehicles, or flying materials.
Barrier means a material object, or objects that separates, keeps
apart, or demarcates in a conspicuous manner such as cones, a warning
sign, or tape.
Berm means a pile or mound of material along an elevated roadway
capable of moderating or limiting the force of a vehicle in order to
impede the vehicle's passage over the bank of the roadway.
Blast area means the area in which concussion (shock wave), flying
material, or gases from an explosion may cause injury to persons. In
determining the blast area, the following factors, shall be considered:
(1) Geology or material to be blasted.
(2) Blast pattern.
(3) Burden, depth, diameter, and angle of the holes.
(4) Blasting experience of the mine.
(5) Delay system, powder factor, and pounds per delay.
(6) Type and amount of explosive material.
(7) Type and amount of stemming.
Blast site means the area where explosive material is handled during
loading, including the perimeter formed by the loaded blastholes and 50
feet (15.2 meters) in all directions from loaded holes. A minimum
distance of 30 feet (9.1 meters) may replace the 50-foot (15.2-meter)
requirement if the perimeter of loaded holes is demarcated with a
barrier. The 50-foot (15.2-meter) and alternative 30-foot (9.1-meter)
requirements also apply in all directions along the full depth of the
hole. In underground mines, at least 15 feet (4.6 meters) of solid rib,
pillar, or broken rock can be substituted for the 50-foot (15.2-meter)
distance. In underground mines utilizing a block-caving system or
similar system, at least 6 feet (1.8 meters) of solid rib or pillar,
including concrete reinforcement of at least 10 inches (254
millimeters), with overall dimensions of not less than 6 feet (1.8
meters) may be substituted for the 50-foot (15.2-meter) distance
requirement.

[[Page 353]]

Blasting agent means any substance classified as a blasting agent by
the Department of Transportation in 49 CFR 173.114(a) (44 FR 31182, May
31, 1979) which is incorporated by reference. This document is available
for inspection at each Metal and Nonmetal Mine Safety and Health
District Office of the Mine Safety and Health Administration, and may be
obtained from the U.S. Government Printing Office, Washington, DC 20402.
Blasting area means the area near blasting operations in which
concussion or flying material can reasonably be expected to cause
injury.
Blasting cap means a detonator which is initiated by a safety fuse.
Blasting circuit means the electrical circuit used to fire one or
more electric blasting caps.
Blasting switch means a switch used to connect a power source to a
blasting circuit.
Blowout means a sudden, violent, release of gas or liquid due to the
reservoir pressure in a petroleum mine.
Booster means any unit of explosive or blasting agent used for the
purpose of perpetuating or intensifying an initial detonation.
Booster fan means a fan installed in the main airstream or a split
of the main airstream to increase airflow through a section or sections
of a mine.
Capped fuse means a length of safety fuse to which a blasting cap
has been attached.
Capped primer means a package or cartridge of explosives which is
specifically designed to transmit detonation to other explosives and
which contains a detonator.
Circuit breaker means a device designed to open and close a circuit
by nonautomatic means and to open the circuit automatically on a
predetermined overcurrent setting without injury to itself when properly
applied within its rating.
Combustible means capable of being ignited and consumed by fire.
Combustible material means a material that, in the form in which it
is used and under the conditions anticipated, will ignite, burn, support
combustion or release flammable vapors when subjected to fire or heat.
Wood, paper, rubber, and plastics are examples of combustible materials.
Company official means a member of the company supervisory or
technical staff.
Competent person means a person having abilities and experience that
fully qualify him to perform the duty to which he is assigned.
Conductor means a material, usually in the form of a wire, cable, or
bus bar, capable of carrying an electric current.
Delay connector means a nonelectric short interval delay device for
use in delaying blasts which are initiated by detonating cord.
Detonating cord means a flexible cord containing a solid core of
high explosives.
Detonator means any device containing a detonating charge that is
used to initiate an explosive and includes but is not limited to
blasting caps, electric blasting caps and non-electric instantaneous or
delay blasting caps.
Distribution box means a portable apparatus with an enclosure
through which an electric circuit is carried to one or more cables from
a single incoming feed line; each cable circuit being connected through
individual overcurrent protective devices.
Electric blasting cap means a detonator designed for and capable of
being initiated by means of an electric current.
Electrical grounding means to connect with the ground to make the
earth part of the circuit.
Employee means a person who works for wages or salary in the service
of an employer.
Employer means a person or organization which hires one or more
persons to work for wages or salary.
Emulsion means an explosive material containing substantial amounts
of oxidizers dissolved in water droplets, surrounded by an immiscible
fuel.
Escapeway means a passageway by which persons may leave a mine.
Explosive means any substance classified as an explosive by the
Department of Transportation in 49 CFR 173.53, 173.88 and 173.100 which
are incorporated by reference. Title 49 CFR is available for inspection
at each Metal and Nonmetal Mine Safety and Health

[[Page 354]]

District Office of the Mine Safety and Health Administration, and may be
obtained from the U.S. Government Printing Office, Washington, DC 20402.
Face or bank means that part of any mine where excavating is
progressing or was last done.
Fire resistance rating means the time, in minutes or hours, that an
assembly of materials will retain its protective characteristics or
structural integrity upon exposure to fire.
Flame spread rating means the numerical designation that indicates
the extent flame will spread over the surface of a material during a
specified period of time.
Flammable means capable of being easily ignited and of burning
rapidly.
Flammable gas means a gas that will burn in the normal
concentrations of oxygen in the air.
Flammable liquid a liquid that has a flash point below 100 [deg]F
(37.8 [deg]C), a vapor pressure not exceeding 40 pounds per square inch
(absolute) at 100 [deg]F (37.8 [deg]C), and is known as a Class I
liquid.
Flash point means the minimum temperature at which sufficient vapor
is released by a liquid or solid to form a flammable vapor-air mixture
at atmospheric pressure.
Geological area means an area characterized by the presence of the
same ore bodies, the same stratigraphic sequence of beds, or the same
ore-bearing geological formation.
Highway means any public street, public alley or public road.
High potential means more than 650 volts.
Hoist means a power driven windlass or drum used for raising ore,
rock, or other material from a mine, and for lowering or raising persons
and material.
Igniter cord means a fuse, cordlike in appearance, which burns
progressively along its length with an external flame at the zone of
burning, and is used for lighting a series of safety fuses in the
desired sequence.
Insulated means separated from other conducting surfaces by a
dielectric substance permanently offering a high resistance to the
passage of current and to disruptive discharge through the substance.
When any substance is said to be insulated, it is understood to be
insulated in a manner suitable for the conditions to which it is
subjected. Otherwise, it is, within the purpose of this definition,
uninsulated. Insulating covering is one means for making the conductor
insulated.
Insulation means a dielectric substance offering a high resistance
to the passage of current and to a disruptive discharge through the
substance.
Laminated partition means a partition composed of the following
material and minimum nominal dimensions: \1/2\-inch-thick plywood, \1/
2\-inch-thick gypsum wallboard, \1/8\-inch-thick low carbon steel, and
\1/4\-inch-thick plywood, bonded together in that order (IME-22 Box). A
laminated partition also includes alternative construction materials
described in the Institute of Makers of Explosives (IME) Safety Library
Publication No. 22, ``Recommendations for the Safe Transportation of
Detonators in a Vehicle with Other Explosive Materials'' (May 1993), and
the ``Generic Loading Guide for the IME-22 Container'' (October 1993).
The IME is located at 1120 19th Street NW., Suite 310, Washington, DC
20036-3605; 202-429-9280; https://www.ime.org. This incorporation by
reference has been approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available
at MSHA's Office of Standards, Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202-5452; 202-693-9440; and at all Metal
and Nonmetal Mine Safety and Health District Offices, or available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
Lay means the distance parallel to the axis of the rope in which a
strand makes one complete turn about the axis of the rope.
Loading means placing explosive material either in a blasthole or
against the material to be blasted.
Low potential means 650 volts or less.
Magazine means a facility for the storage of explosives, blasting
agents, or detonators.

[[Page 355]]

Main fan means a fan that controls the entire airflow of the mine,
or the airflow of one of the major air circuits.
Major electrical installation means an assemblage of stationary
electrical equipment for the generation, transmission, distribution, or
conversion of electrical power.
Mantrip means a trip on which persons are transported to and from a
work area.
Mill includes any ore mill, sampling works, concentrator, and any
crushing, grinding, or screening plant used at, and in connection with,
an excavation or mine.
Mine atmosphere means any point at least 12 inches away from the
back, face, rib, and floor in any mine; and additionally, in a Category
IV mine, at least 3 feet laterally away from the collar of a borehole
which releases gas into a mine.
Mine opening means any opening or entrance from the surface into a
mine.
Misfire means the complete or partial failure of a blasting charge
to explode as planned.
Mobile equipment means wheeled, skid-mounted, track-mounted, or
rail-mounted equipment capable of moving or being moved.
Multipurpose dry-chemical fire extinguisher means an extinguisher
having a rating of at least 2-A:10-B:C and containing a nominal 4.5
pounds or more of dry-chemical agent.
Noncombustible material means a material that, in the form in which
it is used and under the conditions anticipated, will not ignite, burn,
support combustion, or release flammable vapors when subjected to fire
or heat. Concrete, masonry block, brick, and steel are examples of
noncombustible materials.
Non-electric delay blasting cap means a detonator with an integral
delay element and capable of being initiated by miniaturized detonating
cord.
Outburst means the sudden, violent release of solids and high-
pressure occluded gases, including methane in a domal salt mine.
Overburden means material of any nature, consolidated or
unconsolidated, that overlies a deposit of useful materials or ores that
are to be mined.
Overload means that current which will cause an excessive or
dangerous temperature in the conductor or conductor insulation.
Permissible means a machine, material, apparatus, or device which
has been investigated, tested, and approved by the Bureau of Mines or
the Mine Safety and Health Administration, and is maintained in
permissible condition.
Potable water means water which shall meet the applicable minimum
health requirements for drinking water established by the State or
community in which the mine is located or by the Environmental
Protection Agency in 40 CFR part 141, pages 169-182 revised as of July
1, 1977. Where no such requirements are applicable, the drinking water
provided shall conform with the Public Health Service Drinking Water
Standards, 42 CFR part 72, subpart J, pages 527-533, revised as of
October 1, 1976. Publications to which references are made in this
definition are hereby made a part hereof. These incorporated
publications are available for inspection at each Metal and Nonmetal
Mine Safety and Health District Office of the Mine Safety and Health
Administration.
Powder chest means a substantial, nonconductive portable container
equipped with a lid and used at blasting sites for explosives other than
blasting agents.
Primer means a unit, package, or cartridge of explosives used to
initiate other explosives or blasting agents, and which contains a
detonator.
Reverse-current protection means a method or device used on direct-
current circuits or equipment to prevent the flow of current in a
reverse direction.
Rock burst means a sudden and violent failure of overstressed rock
resulting in the instantaneous release of large amounts of accumulated
energy. Rock burst does not include a burst resulting from pressurized
mine gases.
Rock fixture means any tensioned or nontensioned device or material
inserted into the ground to strengthen or support the ground.
Roll protection means a framework, safety canopy or similar
protection for the operator when equipment overturns.

[[Page 356]]

Safety can means an approved container, of not over 5 gallons
capacity, having a spring-closing lid and spout cover.
Safety fuse means a flexible cord containing an internal burning
medium by which fire is conveyed at a continuous and uniform rate for
the purpose of firing blasting caps or a black powder charge.
Safety switch means a sectionalizing switch that also provides shunt
protection in blasting circuits between the blasting switch and the shot
area.
Scaling means removal of insecure material from a face or highwall.
Secondary safety connection means a second connection between a
conveyance and rope, intended to prevent the conveyance from running
away or falling in the event the primary connection fails.
Shaft means a vertical or inclined shaft, a slope, incline, or
winze.
Short circuit means an abnormal connection of relatively low
resistance, whether made accidentally or intentionally, between two
points of difference potential in a circuit.
Slurry (as applied to blasting). See ``Water gel.''
Storage facility means the entire class of structures used to store
explosive materials. A ``storage facility'' used to store blasting
agents corresponds to a BATF Type 4 or 5 storage facility.
Storage tank means a container exceeding 60 gallons in capacity used
for the storage of flammable or combustible liquids.
Stray current means that portion of a total electric current that
flows through paths other than the intended circuit.
Substantial construction means construction of such strength,
material, and workmanship that the object will withstand all reasonable
shock, wear, and usage to which it will be subjected.
Suitable means that which fits, and has the qualities or
qualifications to meet a given purpose, occasion, condition, function,
or circumstance.
Travelway means a passage, walk or way regularly used and designated
for persons to go from one place to another.
Water gel or Slurry (as applied to blasting) means an explosive or
blasting agent containing substantial portions of water.
Wet drilling means the continuous application of water through the
central hole of hollow drill steel to the bottom of the drill hole.
Working level (WL) means any combination of the short-lived radon
daughters in one liter of air that will result in ultimate emission of
1.3 x 10\5\ MeV (million electron volts) of potential alpha energy, and
exposure to these radon daughters over a period of time is expressed in
terms of ``working level months'' (WLM). Inhalation of air containing a
radon daughter concentration of 1 WL for 173 hours results in an
exposure of 1 WLM.''
Working place means any place in or about a mine where work is being
performed.

[69 FR 38840, June 29, 2004, as amended at 80 FR 52987, Sept. 2, 2015]

Procedures

Sec. 57.1000 Notification of commencement of operations and closing of mines.

The owner, operator, or person in charge of any metal and nonmetal
mine shall notify the nearest MSHA Metal and Nonmental Mine Safety and
Health district office before starting operations, of the approximate or
actual date mine operation will commence. The notification shall include
the mine name, location, the company name, mailing address, person in
charge, and whether operations will be continuous or intermittent. When
any mine is closed, the person in charge shall notify the nearest
district office as provided above and indicate whether the closure is
temporary or permanent.

[51 FR 36198, Oct. 8, 1986, as amended at 60 FR 33723, June 29, 1995; 60
FR 35695, July 11, 1995; 71 FR 16667, Apr. 3, 2006]

Subpart B_Ground Control

Authority: 30 U.S.C. 811.

Source: 51 FR 36198, Oct. 8, 1986, unless otherwise noted.

Sec. 57.3000 Definitions.

The following definitions apply in this subpart.

[[Page 357]]

Travelway. A passage, walk, or haulageway regularly used or
designated for persons to go from one place to another.

[51 FR 36198, Oct. 8, 1986, as amended at 69 FR 38842, June 29, 2004]

Scaling and Support--Surface and Underground

Sec. 57.3200 Correction of hazardous conditions.

Sec. 57.3201 Location for performing scaling.

Scaling shall be performed from a location which will not expose
persons to injury from falling material, or other protection from
falling material shall be provided.

Sec. 57.3202 Scaling tools.

Sec. 57.3203 Rock fixtures.

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

[[Page 358]]

the certification available to an authorized representative of the
Secretary.

[51 FR 36198, Oct. 8, 1986, as amended at 51 FR 36804, Oct. 16, 1986; 63
FR 20030, Apr. 22, 1998]

Scaling and Support--Underground Only

Sec. 57.3360 Ground support use.

Ground support shall be used where ground conditions, or mining
experience in similar ground conditions in the mine, indicate that it is
necessary. When ground support is necessary, the support system shall be
designed, installed, and maintained to control the ground in places
where persons work or travel in performing their assigned tasks.
Damaged, loosened, or dislodged timber use for ground support which
creates a hazard to persons shall be repaired or replaced prior to any
work or travel in the affected area.

Precautions--Surface and Underground

Sec. 57.3400 Secondary breakage.

Prior to secondary breakage operations, the material to be broken,
other than hanging material, shall be positioned or blocked to prevent
movement which would endanger persons in the work area. Secondary
breakage shall be performed from a location which would not expose
persons to danger.

Sec. 57.3401 Examination of ground conditions.

Persons experienced in examining and testing for loose ground shall
be designated by the mine operator. Appropriate supervisors or other
designated persons shall examine and, where applicable, test ground
conditions in areas where work is to be performed, prior to work
commencing, after blasting, and as ground conditions warrant during the
work shift. Underground haulageways and travelways and surface area
highwalls and banks adjoining travelways shall be examined weekly or
more often if changing ground conditions warrant.

Precautions--Surface Only

Sec. 57.3430 Activity between machinery or equipment
and the highwall or bank.

Precautions--Underground Only

Sec. 57.3460 Maintenance between machinery or equipment and ribs.

Persons shall not perform maintenance work between machinery or
equipment and ribs unless the area has been tested and, when necessary,
secured.

Sec. 57.3461 Rock bursts.

(a) Operators of mines which have experienced a rock burst shall--
(1) Within twenty four hours report to the nearest MSHA office each
rock burst which:
(i) Causes persons to be withdrawn;
(ii) Impairs ventilation;
(iii) Impedes passage; or
(iv) Disrupts mining activity for more than one hour.
(2) Develop and implement a rock burst control plan within 90 days
after a rock burst has been experienced.
(b) The plan shall include--
(1) Mining and operating procedures designed to reduce the
occurrence of rock bursts;
(2) Monitoring procedures where detection methods are used; and
(3) Other measures to minimize exposure of persons to areas which
are prone to rock bursts.
(c) The plan shall be updated as conditions warrant.
(d) The plan shall be available to an authorized representative of
the Secretary and to miners or their representatives.

Subpart C_Fire Prevention and Control

Authority: Sec. 101, Federal Mine Safety and Health Act of 1977,
Pub. L. 91-173 as

[[Page 359]]

amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811).

Sec. 57.4000 Definitions.

The following definitions apply in this subpart.
Combustible liquids. Liquids having a flash point at or above 100
[deg]F (37.8 [deg]C). They are divided into the following classes:

Class II liquids--those having flash points at or above 100 [deg]F (37.8
[deg]C) and below 140 [deg]F (60 [deg]C).
Class IIIA liquids--those having flash points at or above 140 [deg]F (60
[deg]C) and below 200 [deg]F (93.4 [deg]C).
Class IIIB liquids--those having flash points at or above 200 [deg]F
(93.4 [deg]C).

Escapeway. A designated passageway by which persons can leave an
underground mine.
Flash point. The minimum temperature at which sufficient vapor is
released by a liquid to form a flammable vapor-air mixture near the
surface of the liquid.
Main fan. A fan that controls the entire airflow of an underground
mine or the airflow of one of the major air circuits of the mine.
Mine opening. Any opening or entrance from the surface into an
underground mine.
Safety can. A container of not over five gallons capacity that is
designed to safely relieve internal pressure when exposed to heat and
has a spring-closing lid and spout cover.

[50 FR 4082, Jan. 29, 1985, as amended at 68 FR 32361, May 30, 2003; 69
FR 38842, June 29, 2004]

Sec. 57.4011 Abandoned electric circuits.

Abandoned electric circuits shall be deenergized and isolated so
that they cannot become energized inadvertently.

Sec. 57.4057 Underground trailing cables.

Underground trailing cables shall be accepted or approved by MSHA as
flame resistant.

[57 FR 61223, Dec. 23, 1992]

Prohibitions/Precautions/Housekeeping

Sec. 57.4100 Smoking and use of open flames.

Sec. 57.4101 Warning signs.

Readily visible signs prohibiting smoking and open flames shall be
posted where a fire or explosion hazard exists.

Sec. 57.4102 Spillage and leakage.

Flammable or combustible liquid spillage or leakage shall be removed
in a timely manner or controlled to prevent a fire hazard.

Sec. 57.4103 Fueling internal combustion engines.

Internal combustion engines shall be switched off before refueling
if the fuel tanks are integral parts of the equipment. This standard
does not apply to diesel-powered equipment.

Sec. 57.4104 Combustible waste.

(a) Waste materials, including liquids, shall not accumulate in
quantities that could create a fire hazard.
(b) Waste or rags containing flammable or combustible liquids that
could create a fire hazard shall be placed in the following containers
until disposed of properly:
(1) Underground--covered metal containers.
(2) On the surface--covered metal containers or equivalent
containers with flame containment characteristics.

Sec. 57.4130 Surface electric substations and liquid storage facilities.

The requirements of this standard apply to surface areas only.
(a) If a hazard to persons could be created, no combustible
materials shall be stored or allowed to accumulate within 25 feet of the
following:
(1) Electric substations.

[[Page 360]]

(2) Unburied, flammable or combustible liquid storage tanks.
(3) Any group of containers used for storage of more than 60 gallons
of flammable or combustible liquids.
(b) The area within the 25-foot perimeter shall be kept free of dry
vegetation.

Sec. 57.4131 Surface fan installations and mine openings.

(a) On the surface, no more than one day's supply of combustible
materials shall be stored within 100 feet of mine openings or within 100
feet of fan installations used for underground ventilation.
(b) the one-day supply shall be kept at least 25 feet away from any
mine opening except during transit into the mine.
(c) Dry vegetation shall not be permitted within 25 feet of mine
openings.

Sec. 57.4160 Underground electric substations and liquid storage facilities.

The requirements of this standard apply to underground areas only.
(a) Areas within 25 feet of the following shall be free of
combustible materials:
(1) Electric substations.
(2) Unburied, combustible liquid storage tanks.
(3) Any group of containers used for storage of more than 60 gallons
of combustible liquids.
(b) This standard does not apply to installed wiring or timber that
is coated with at least one inch of shotcrete, one-half inch of gunite,
or other noncombustible materials with equivalent fire protection
characteristics.

Sec. 57.4161 Use of fire underground.

Fires shall not be lit underground, except for open-flame torches.
Torches shall be attended at all times while lit.

Firefighting Equipment

Sec. 57.4200 General requirements.

(a) For fighting fires that could endanger persons, each mine shall
have--
(1) Onsite firefighting equipment for fighting fires in their early
stages; and
(2) Onsite firefighting equipment for fighting fires beyond their
early stages, or the mine shall have made prior arrangements with a
local fire department to fight such fires.
(b) This onsite firefighting equipment shall be--
(1) Of the type, size, and quantity that can extinguish fires of any
class which would occur as a result of the hazards present; and
(2) Strategically located, readily accessible, plainly marked, and
maintained in fire-ready condition.

[50 FR 4082, Jan. 29, 1985, as amended at 50 FR 20100, May 14, 1985]

Sec. 57.4201 Inspection.

[[Page 361]]

(b) At the completion of each inspection or test required by this
standard, the person making the inspection or test shall certify that
the inspection or test has been made and the date on which it was made.
Certifications of hydrostatic testing shall be retained until the fire
extinguisher is retested or permanently removed from service. Other
certifications shall be retained for one year.

Table C-1--Hydrostatic Test Intervals for Fire Extinguishers
------------------------------------------------------------------------
Test
Extinguisher type interval
(years)
------------------------------------------------------------------------
Soda Acid.................................................... 5
Cartridge-Operated Water and/or Antifreeze................... 5
Stored-Pressure Water and/or Antifreeze...................... 5
Wetting Agent................................................ 5
Foam......................................................... 5
AFFF (Aqueous Film Forming Foam)............................. 5
Loaded Stream................................................ 5
Dry-Chemical with Stainless Steel Shells..................... 5
Carbon Dioxide............................................... 5
Dry-Chemical, Stored Pressure, with Mild Steel Shells, Brazed 12
Brass Shells, or Aluminum Shells............................
Dry-Chemical, Cartridge or Cylinder Operated, with Mild Steel 12
Shells......................................................
Bromotrifluoromethane-Halon 1301............................. 12
Bromochlorodifluoromethane-Halon 1211........................ 12
Dry-Powder, Cartridge or Cylinder-Operated, with Mild Steel 12
Shells \1\..................................................
------------------------------------------------------------------------
\1\ Except for stainless steel and steel used for compressed gas
cylinders, all other steel shells are defined as ``mild steel''
shells.

Sec. 57.4202 Fire hydrants.

Sec. 57.4203 Extinguisher recharging or replacement.

Fire extinguishers shall be recharged or replaced with a fully
charged extinguisher promptly after any discharge.

Sec. 57.4230 Surface self-propelled equipment.

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

Sec. 57.4260 Underground self-propelled equipment.

(a) Whenever self-propelled equipment is used underground, a fire
extinguisher shall be on the equipment. This standard does not apply to
compressed-air powered equipment without inherent fire hazards.
(b) A fire suppression system may be used as an alternative to fire
extinguishers if the system can be manually actuated.
(c) Fire extinguishers or fire suppression systems shall be of a
type and size that can extinguish fires of any class in their early
stages which could originate from the equipment's inherent fire hazards.
The fire extinguishers or the manual actuator for the suppression system
shall be readily accessible to the equipment operator.

Sec. 57.4261 Shaft-station waterlines.

Waterline outlets that are located at underground shaft stations and
are part of the mine's fire protection system shall have at least one
fitting located for, and capable of, immediate connection to
firefighting equipment.

[[Page 362]]

Sec. 57.4262 Underground transformer stations, combustible liquid storage
and dispensing areas, pump rooms, compressor rooms, and hoist rooms.

Transformer stations, storage and dispensing areas for combustible
liquids, pump rooms, compressor rooms, and hoist rooms shall be provided
with fire protection of a type, size, and quantity that can extinguish
fires of any class in their early stages which could occur as a result
of the hazards present.

Sec. 57.4263 Underground belt conveyors.

Fire protection shall be provided at the head, tail, drive, and
take-up pulleys of underground belt conveyors. Provisions shall be made
for extinguishing fires along the beltline. Fire protection shall be of
a type, size, and quantity that can extinguish fires of any class in
their early stages which could occur as a result of the fire hazards
present.

Firefighting Procedures/Alarms/Drills

Sec. 57.4330 Surface firefighting, evacuation, and rescue procedures.

(a) Mine operators shall establish emergency firefighting,
evacuation, and rescue procedures for the surface portions of their
operations. These procedures shall be coordinated in advance with
available firefighting organizations.
(b) Fire alarm procedures or systems shall be established to
promptly warn every person who could be endangered by a fire.
(c) Fire alarm systems shall be maintained in operable condition.

Sec. 57.4331 Surface firefighting drills.

Emergency firefighting drills shall be held at least once every six
months for persons assigned surface firefighting responsibilities by the
mine operator.

Sec. 57.4360 Underground alarm systems.

(a) Fire alarm systems capable of promptly warning every person
underground, except as provided in paragraph (b), shall be provided and
maintained in operating condition.
(b) If persons are assigned to work areas beyond the warning
capabilities of the system, provisions shall be made to alert them in a
manner to provide for their safe evacuation in the event of a fire.

Sec. 57.4361 Underground evacuation drills.

(a) At least once every six months, mine evacuation drills shall be
held to assess the ability of all persons underground to reach the
surface or other designated points of safety within the time limits of
the self-rescue devices that would be used during an actual emergency.
(b) The evacuation drills shall--
(1) Be held for each shift at some time other than a shift change
and involve all persons underground;
(2) Involve activation of the fire alarm system; and
(3) Include evacuation of all persons from their work areas to the
surface or to designated central evacuation points.
(c) At the completion of each drill, the mine operator shall certify
the date and the time the evacuation began and ended. Certifications
shall be retained for at least one year after each drill.

Sec. 57.4362 Underground rescue and firefighting operations.

Following evacuation of a mine in a fire emergency, only persons
wearing and trained in the use of mine rescue apparatus shall
participate in rescue and firefighting operations in advance of the
fresh air base.

Sec. 57.4363 Underground evacuation instruction.

(a) At least once every twelve months, all persons who work
underground shall be instructed in the escape and evacuation plans and
procedures and fire warning signals in effect at the mine.
(b) Whenever a change is made in escape and evacuation plans and
procedures for any area of the mine, all persons affected shall be
instructed in the new plans or procedures.
(c) Whenever persons are assigned to work in areas other than their
regularly assigned areas, they shall be instructed about the escapeway
for that area at the time of such assignment.

[[Page 363]]

However, persons who normally work in more than one area of the mine
shall be instructed at least once every twelve months about the location
of escapeways for all areas of the mine in which they normally work or
travel.
(d) At the completion of any instruction given under this standard,
the mine operator shall certify the date that the instruction was given.
Certifications shall be retained for at least one year.

Flammable and Combustible Liquids and Gases

Sec. 57.4400 Use restrictions.

Sec. 57.4401 Storage tank foundations.

Sec. 57.4402 Safety can use.

Small quantities of flammable liquids drawn from storage shall be
kept in safety cans labeled to indicate the contents.

Sec. 57.4430 Surface storage facilities.

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

Sec. 57.4431 Surface storage restrictions.

(a) On the surface, no unburied flammable or combustible liquids or
flammable gases shall be stored within 100 feet of the following:
(1) Mine openings or structures attached to mine openings.
(2) Fan installations for underground ventilation.
(3) Hoist houses.
(b) Under this standard, the following may be present in the hoist
house in quantities necessary for the day-to-day maintenance of the
hoist machinery:
(1) Flammable liquids in safety cans or in other containers placed
in tightly closed cabinets. The safety cans and cabinets shall be kept
away from any heat source, and each cabinet shall be labeled
``flammables.''
(2) Combustible liquids in closed containers. The containers shall
be kept away from any heat source and the hoist operator's work station.

Sec. 57.4460 Storage of flammable liquids underground.

(a) Flammable liquids shall not be stored underground, except--
(1) Small quantities stored in tightly closed cabinets away from any
heat source. The small quantities shall be

[[Page 364]]

stored in safety cans or in non-glass containers of a capacity equal to
or less than a safety can. Each cabinet shall be labeled ``flammables.''
(2) Acetylene and liquefied petroleum gases stored in containers
designed for that specific purpose.
(b) Gasoline shall not be stored underground in any quantity.

Sec. 57.4461 Gasoline use restrictions underground.

If gasoline is used underground to power internal combustion
engines--
(a) The mine shall be nongassy and shall have multiple horizontal or
inclined roadways from the surface large enough to accommodate vehicular
traffic;
(b) All roadways and other openings shall connect with another
opening every 100 feet by a passage large enough to accommodate any
vehicle in the mine or alternate routes shall provide equivalent escape
capabilities; and
(c) No roadway or other opening shall be supported or lined with
wood or other combustible materials.

Sec. 57.4462 Storage of combustible liquids underground.

The requirements of this standard apply to underground areas only.
(a) Combustible liquids, including oil or grease, shall be stored in
non-glass containers or storage tanks. The containers or storage tanks
shall be--
(1) Capable of withstanding working pressures and stresses and
compatible with the type of liquid stored;
(2) Maintained in a manner that prevents leakage;
(3) Located in areas free of combustible materials or in areas where
any exposed combustible materials are coated with one inch of shotcrete,
one-half inch of gunite, or other noncombustible material with
equivalent fire protection characteristics; and
(4) Separated from explosives or blasting agents, shaft stations,
and ignition sources including electric equipment that could create
sufficient heat or sparks to pose a fire hazard. Separation shall be
sufficient to prevent the occurrence or minimize the spread of fire.
(b) Storage tanks shall be vented or otherwise constructed to
prevent development of pressure or vacuum as a result of filling,
emptying, or atmospheric temperature changes. Vents for storage of Class
II or IIIA liquids shall be isolated or separated from ignition sources.
(c) At permanent storage areas for combustible liquids, means shall
be provided for confinement or removal of the contents of the largest
storage tank in the event of tank rupture.
(d) All piping, valves, and fittings shall be:
(1) Capable of withstanding working pressures and stresses;
(2) Compatible with the type of liquid stored; and
(3) Maintained in a manner which prevents leakage.

Sec. 57.4463 Liquefied petroleum gas use underground.

Use of liquefied petroleum gases underground shall be limited to
maintenance work.

Installation/Construction/Maintenance

Sec. 57.4500 Heat sources.

Heat sources capable of producing combustion shall be separated from
combustible materials if a fire hazard could be created.

Sec. 57.4501 Fuel lines.

Sec. 57.4502 Battery-charging stations.

[[Page 365]]

Sec. 57.4503 Conveyor belt slippage.

(a) Surface belt conveyors within confined areas where evacuation
would be restricted in the event of a fire resulting from belt-slippage
shall be equipped with a detection system capable of automatically
stopping the drive pulley.
(b) Underground belt conveyors shall be equipped with a detection
system capable of automatically stopping the drive pulley if slippage
could cause ignition of the belt.
(c) A person shall attend the belt at the drive pulley when it is
necessary to operate the conveyor while temporarily bypassing the
automatic function.

Sec. 57.4504 Fan installations.

(a) Fan houses, fan bulkheads for main and booster fans, and air
ducts connecting main fans to underground openings shall be constructed
of noncombustible materials.
(b) Areas within 25 feet of main fans or booster fans shall be free
of combustible materials, except installed wiring, ground and track
support, headframes, and direct-fired heaters. Other timber shall be
coated with one inch of shotcrete, one-half inch of gunite, or other
noncombustible materials.

Sec. 57.4505 Fuel lines to underground areas.

Fuel lines into underground storage or dispensing areas shall be
drained at the completion of each transfer of fuel unless the following
requirements are met:
(a) The valve at the supply source shall be kept closed when fuel is
not being transferred.
(b) The fuel line shall be--
(1) Capable of withstanding working pressures and stresses;
(2) Located to prevent damage; and
(3) Located in areas free of combustible materials or in areas where
any exposed combustible materials are coated with one inch of shotcrete,
one-half inch of gunite, or other noncombustible material with
equivalent fire protection characteristics.
(c) Provisions shall be made for control or containment of the
entire volume of the fuel line so that leakage will not create a fire
hazard.

Sec. 57.4530 Exits for surface buildings and structures.

Surface buildings or structures in which persons work shall have a
sufficient number of exits to permit prompt escape in case of fire.

Sec. 57.4531 Surface flammable or combustible liquid storage buildings
or rooms.

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

Sec. 57.4532 Blacksmith shops.

Blacksmith shops located on the surface shall be--
(a) At least 100 feet from fan installations used for intake air and
mine openings;
(b) Equipped with exhaust vents over the forge and ventilated to
prevent the accumulation of the products of combustion; and
(c) Inspected for smoldering fires at the end of each shift.

Sec. 57.4533 Mine opening vicinity.

Surface buildings or other similar structures within 100 feet of
mine openings used for intake air or within 100 feet of mine openings
that are designated escapeways in exhaust air shall be--
(a) Constructed of noncombustible materials; or
(b) Constructed to meet a fire resistance rating of no less than one
hour; or

[[Page 366]]

(c) Provided with an automatic fire suppression system; or
(d) Covered on all combustible interior and exterior structural
surfaces with noncombustible material or limited combustible material,
such as five-eighth inch, type ``X'' gypsum wallboard.

Sec. 57.4560 Mine entrances.

For at least 200 feet inside the mine portal or collar timber used
for ground support in intake openings and in exhaust openings that are
designated as escapeways shall be--
(a) Provided with a fire suppression system, other than fire
extinguishers and water hoses, capable of controlling a fire in its
early stages; or
(b) Covered with shotcrete, gunite, or other material with
equivalent fire protection characteristics; or
(c) Coated with fire-retardant paint or other material to reduce its
flame spread rating to 25 or less and maintained in that condition.

[50 FR 4082, Jan. 29, 1985, as amended at 50 FR 20100, May 14, 1985]

Sec. 57.4561 Stationary diesel equipment underground.

Stationary diesel equipment underground shall be--
(a) Supported on a noncombustible base; and
(b) Provided with a thermal sensor that automatically stops the
engine if overheating occurs.

Welding/Cutting/Compressed Gases

Sec. 57.4600 Extinguishing equipment.

23
Sec. 57.4601 Oxygen cylinder storage.

Oxygen cylinders shall not be stored in rooms or areas used or
designated for storage of flammable or combustible liquids, including
grease.

Sec. 57.4602 Gauges and regulators.

Gauges and regulators used with oxygen or acetylene cylinders shall
be kept clean and free of oil and grease.

Sec. 57.4603 Closure of valves.

Sec. 57.4604 Preparation of pipelines or containers.

Sec. 57.4660 Work in shafts, raises, or winzes and other activities
involving hazard areas.

During performance of an activity underground described in Table C-2
or when falling sparks or hot metal from

[[Page 367]]

work performed in a shaft, raise, or winze could pose a fire hazard--
(a) A multipurpose dry-chemical fire extinguisher shall be at the
worksite to supplement the fire extinguishing equipment required by
Sec. 57.4600; and
(b) At least one of the following actions shall be taken:
(1) Wet down the area before and after the operation, taking
precaution against any hazard of electrical shock.
(2) Isolate any combustible material with noncombustible material.
(3) Shield the activity so that hot metal and sparks cannot cause a
fire.
(4) Provide a second person to watch for and extinguish any fire.

Table C-2
------------------------------------------------------------------------
Activity Distance Fire hazard
------------------------------------------------------------------------
Welding or cutting with an More than 1 gallon
electric arc or open flame of combustible
liquid, unless in a
closed, metal
container.
Using an open flame to bend or Within 35 feet More than 50 pounds
heat materials of-- of non-fire-
retardant wood.
Thawing pipes electrically, except More than 10 pounds
with heat tape of combustible
plastics.
---------------------------------------------------
Soldering or thawing with an open Within 10 feet Materials in a
flame of-- shaft, raise, or
winze that could be
ignited by hot
metal or sparks.
------------------------------------------------------------------------

(5) Cover or bulkhead the opening immediately below and adjacent to
the activity with noncombustible material to prevent sparks or hot metal
from falling down the shaft, raise, or winze. This alternative applies
only to activities involving a shaft, raise, or winze.
(c) The affected area shall be inspected during the first hour after
the operation is completed. Additional inspections shall be made or
other fire prevention measures shall be taken if a fire hazard continues
to exist.

Ventilation Control Measures

Sec. 57.4760 Shaft mines.

(a) Shaft mines shall be provided with at least one of the following
means to control the spread of fire, smoke, and toxic gases underground
in the event of a fire: control doors, reversal of mechanical
ventilation, or effective evacuation procedures. Under this standard,
``shaft mine'' means a mine in which any designated escapeway includes a
mechanical hoisting device or a ladder ascent.
(1) Control doors. If used as an alternative, control doors shall
be--
(i) Installed at or near shaft stations of intake shafts and any
shaft designated as an escapeway under Sec. 57.11053 or at other
locations that provide equivalent protection;
(ii) Constructed and maintained according to Table C-3;
(iii) Provided with a means of remote closure at landings of
timbered intake shafts unless a person specifically designated to close
each door in the event of a fire can reach the door within three
minutes;
(iv) Closed or opened only according to predetermined conditions and
procedures;
(v) Constructed so that once closed they will not reopen as a result
of a differential in air pressure;
(vi) Constructed so that they can be opened from either side by one
person, or be provided with a personnel door that can be opened from
either side; and
(vii) Clear of obstructions.
(2) Mechanical ventilation reversal. If used as an alternative,
reversal of mechanical ventilation shall--
(i) Provide at all times at least the same degree of protection to
persons underground as would be afforded by the installation of control
doors;
(ii) Be accomplished by a main fan. If the main fan is located
underground--
(A) The cable or conductors supplying power to the fan shall be
routed through areas free of fire hazards; or
(B) The main fan shall be equipped with a second, independent power
cable or set of conductors from the surface. The power cable or
conductors shall be located so that an underground fire disrupting power
in one cable or set of conductors will not affect the other; or
(C) A second fan capable of accomplishing ventilation reversal shall
be available for use in the event of failure of the main fan;
(iii) Provide rapid air reversal that allows persons underground
time to exit in fresh air by the second escapeway or find a place of
refuge; and
(iv) Be done according to predetermined conditions and procedures.

[[Page 368]]

(3) Evacuation. If used as an alternative, effective evacuation
shall be demonstrated by actual evacuation of all persons underground to
the surface in ten minutes or less through routes that will not expose
persons to heat, smoke, or toxic fumes in the event of a fire.
(b) If the destruction of any bulkhead on an inactive level would
allow fire contaminants to reach an escapeway, that bulkhead shall be
constructed and maintained to provide at least the same protection as
required for control doors under Table C-3.

Table C-3--Control Door Construction
------------------------------------------------------------------------
Location Minimum required construction
------------------------------------------------------------------------
At least 50 feet from: timbered Control door that meets the
areas, exposed combustible rock, requirements for a ventilation door
and any other combustible in conformance with 30 CFR 57.8531.
material \1\
------------------------------------------------------------------------
Within 50 feet but no closer than Control door that serves as a
20 feet of: timbered areas, barrier to the effects of fire and
exposed combustible rock, or air leakage. The control door shall
other combustible material \1\ provide protection at least
Within 20 feet of: any timbered equivalent to a door constructed of
areas or combustible rock, no less than one-quarter inch of
provided that the timber and plate steel with channel or angle-
combustible rock within the 20 iron reinforcement to minimize
foot distance are coated with one warpage. The framework assembly of
inch of shotcrete, one-half inch the door and the surrounding
of gunite, or other material with bulkhead, if any, shall be at least
equivalent fire protection equivalent to the door in fire and
characteristics and no other air-leakage resistance, and in
combustible material \1\ is physical strength.
within that distance.
------------------------------------------------------------------------
Within 20 feet of: timbered areas, Control door that serves as a
exposed combustible rock, or barrier to fire, the effects of
other combustible material \1\ fire, and air-leakage. The door
shall provide protection at least
equivalent to a door constructed of
two layers of wood, each a minimum
of three-quarters of an inch in
thickness. The wood grain of one
layer shall be perpendicular to the
wood grain of the other layer. The
wood construction shall be covered
on all sides and edges with no less
than twenty-four gauge sheet steel.
The framework assembly of the door
and the surrounding bulkhead, if
any, shall be at least equivalent
to the door in fire and air-leakage
resistance, and in physical
strength. Roll-down steel doors
with a fire-resistance rating of
1\1/2\ hours or greater, but
without an insulation core, are
acceptable if an automatic
sprinkler or deluge system is
installed that provides even
coverage of the door on both sides.
------------------------------------------------------------------------
\1\ In this table, ``combustible material'' does not refer to installed
wiring or track support.

[50 FR 4082, Jan. 29, 1985; 50 FR 20100, May 14, 1985]

Sec. 57.4761 Underground shops.

To confine or prevent the spread of toxic gases from a fire
originating in an underground shop where maintenance work is routinely
done on mobile equipment, one of the following measures shall be taken:
use of control doors or bulkheads, routing of the mine shop air directly
to an exhaust system, reversal of mechanical ventilation, or use of an
automatic fire suppression system in conjunction with an alternate
escape route. The alternative used shall at all times provide at least
the same degree of safety as control doors or bulkheads.
(a) Control doors or bulkheads. If used as an alternative, control
doors or bulkheads shall meet the following requirements:
(1) Each control door or bulkhead shall be constructed to serve as a
barrier to fire, the effects of fire, and air leakage at each opening to
the shop.
(2) Each control door shall be--
(i) Constructed so that, once closed, it will not reopen as a result
of a differential in air pressure;
(ii) Constructed so that it can be opened from either side by one
person or be provided with a personnel door that can be opened from
either side;
(iii) Clear of obstructions; and
(iv) Provided with a means of remote or automatic closure unless a
person specifically designated to close the door in the event of a fire
can reach the door within three minutes.
(3) If located 20 feet or more from exposed timber or other
combustible material, the control doors or bulkheads

[[Page 369]]

shall provide protection at least equivalent to a door constructed of no
less than one-quarter inch of plate steel with channel or angle-iron
reinforcement to minimize warpage. The framework assembly of the door
and the surrounding bulkhead, if any, shall be at least equivalent to
the door in fire and air-leakage resistance, and in physical strength.
(4) If located less than 20 feet from exposed timber or other
combustibles, the control door or bulkhead shall provide protection at
least equivalent to a door constructed of two layers of wood, each a
minimum of three-quarters of an inch in thickness. The wood-grain of one
layer shall be perpendicular to the wood-grain of the other layer. The
wood construction shall be covered on all sides and edges with no less
than 24-gauge sheet steel. The framework assembly of the door and the
surrounding bulkhead, if any, shall be at least equivalent to the door
in fire and air-leakage resistance, and in physical strength. Roll-down
steel doors with a fire-resistance rating of 1\1/2\ hours or greater,
but without an insulation core, are acceptable provided that an
automatic sprinkler or deluge system is installed that provides even
coverage of the door on both sides.
(b) Routing air to exhaust system. If used as an alternative,
routing the mine shop exhaust air directly to an exhaust system shall be
done so that no person would be exposed to toxic gases in the event of a
shop fire.
(c) Mechanical ventilation reversal. If used as an alternative,
reversal of mechanical ventilation shall--
(1) Be accomplished by a main fan. If the main fan is located
underground:
(i) The cable or conductors supplying power to the fan shall be
routed through areas free of fire hazards; or
(ii) The main fan shall be equipped with a second, independent power
cable or set of conductors from the surface. The power cable or
conductors shall be located so that an underground fire disrupting power
in one cable or set of conductors will not affect the other; or
(iii) A second fan capable of accomplishing ventilation reversal
shall be available for use in the event of failure of the main fan;
(2) Provide rapid air reversal that allows persons underground time
to exit in fresh air by the second escapeway or find a place of refuge;
and
(3) Be done according to predetermined conditions and procedures.
(d) Automatic fire suppression system and escape route. If used as
an alternative, the automatic fire suppression system and alternate
escape route shall meet the following requirements:
(1) The suppression system shall be--
(i) Located in the shop area;
(ii) The appropriate size and type for the particular fire hazards
involved; and
(iii) Inspected at weekly intervals and properly maintained.
(2) The escape route shall bypass the shop area so that the route
will not be affected by a fire in the shop area.

Sec. Appendix I to Subpart C of Part 57--National Consensus Standards

Mine operators seeking further information in the area of fire
prevention and control may consult the following national consensus
standards.

------------------------------------------------------------------------
MSHA standard National consensus standard
------------------------------------------------------------------------
Sec. Sec. 57.4200, 57.4201, NFPA No. 10--Portable Fire
57.4261, and 57.4262. Extinguisher.
NFPA No. 11--Low Expansion Foam and
Combined Agent Systems.
NFPA No. 11A--High Expansion Foam
Systems.
NFPA No. 12--Carbon Dioxide
Extinguishing Systems.
NFPA No. 12A--Halon 1301
Extinguishing Systems.
NFPA No. 13--Water Sprinkler
Systems.
NFPA No. 14--Standpipe and Hose
Systems.
NFPA No. 15--Water Spray Fixed
Systems.
NFPA No. 16--Foam Water Spray
Systems.
NFPA No. 17--Dry-Chemical
Extinguishing Systems.
NFPA No. 121--Mobile Surface Mining
Equipment.
NFPA No. 291--Testing and Marking
Hydrants.
NFPA No. 1962--Care, Use, and
Maintenance of Fire Hose,
Connections, and Nozzles.
Sec. 57.4202.................... NFPA No. 14--Standpipe and Hose
Systems.
NFPA No. 291--Testing and Marking
Hydrants.
Sec. 57.4203.................... NFPA No. 10--Portable Fire
Extinguishers.
Sec. 57.4230.................... NFPA No. 10--Portable Fire
Extinguishers.
NFPA No. 121--Mobile Surface Mining
Equipment.
Sec. 57.4260.................... NFPA No. 10--Portable Fire
Extinguishers.
Sec. 57.4261.................... NFPA No. 14--Standpipe and Hose
Systems.
Sec. 57.4533.................... NFPA Fire Protection Handbook.

[[Page 370]]

Sec. 57.4560.................... ASTM E-162--Surface Flammability of
Materials Using a Radiant Heat
Energy Source.
------------------------------------------------------------------------

Subpart D_Air Quality, Radiation, Physical Agents, and Diesel
Particulate Matter

Air Quality--Surface and Underground

Sec. 57.5001 Exposure limits for airborne contaminants.

The following is required until April 7, 2026. Except as permitted
by Sec. 57.5005--
(a) Except as provided in paragraph (b), the exposure to airborne
contaminants shall not exceed, on the basis of a time weighted average,
the threshold limit values adopted by the American Conference of
Governmental Industrial Hygienists, as set forth and explained in the
1973 edition of the Conference's publication, entitled ``TLV's Threshold
Limit Values for Chemical Substances in Workroom Air Adopted by ACGIH
for 1973,'' pages 1 through 54, which are hereby incorporated by
reference and made a part hereof. This publication may be obtained from
the American Conference of Governmental Industrial Hygienists by writing
to 1330 Kemper Meadow Drive, Attn: Customer Service, Cincinnati, OH
45240, http://www.acgih.org, or may be examined in any Metal and
Nonmetal Mine Safety and Health District Office of the Mine Safety and
Health Administration. Excursions above the listed thresholds shall not
be of a greater magnitude than is characterized as permissible by the
Conference.
(b) Asbestos standard--(1) Definitions. Asbestos is a generic term
for a number of asbestiform hydrated silicates that, when crushed or
processed, separate into flexible fibers made up of fibrils.
Asbestos means chrysotile, cummingtonite-grunerite asbestos
(amosite), crocidolite, anthophylite asbestos, tremolite asbestos, and
actinolite asbestos.
Asbestos fiber means a fiber of asbestos that meets the criteria of
a fiber.
Fiber means a particle longer than 5 micrometers ([micro]m) with a
length-to-diameter ratio of at least 3-to-1.
(2) Permissible Exposure Limits (PELs)--(i) Full-shift limit. A
miner's personal exposure to asbestos shall not exceed an 8-hour time-
weighted average full-shift airborne concentration of 0.1 fiber per
cubic centimeter of air (f/cc).
(ii) Excursion limit. No miner shall be exposed at any time to
airborne concentrations of asbestos in excess of 1 fiber per cubic
centimeter of air (f/cc) as averaged over a sampling period of 30
minutes.
(3) Measurement of airborne asbestos fiber concentration. Potential
asbestos fiber concentration shall be determined by phase contrast
microscopy (PCM) using the OSHA Reference Method in OSHA's asbestos
standard found in 29 CFR 1910.1001, Appendix A, or a method at least
equivalent to that method in identifying a potential asbestos exposure
exceeding the 0.1 f/cc full-shift limit or the 1 f/cc excursion limit.
When PCM results indicate a potential exposure exceeding the 0.1 f/cc
full-shift limit or the 1 f/cc excursion limit, samples shall be further
analyzed using transmission electron microscopy according to NIOSH
Method 7402 or a method at least equivalent to that method.
(c) Employees shall be withdrawn from areas where there is present
an airborne contaminant given a ``C'' designation by the Conference and
the concentration exceeds the threshold limit value listed for that
contaminant.

[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 35695, July 11, 1995; 71
FR 16667, Apr. 3, 2006; 73 FR 11303, Feb. 29, 2008; 73 FR 66172, Nov. 7,
2008; 89 FR 28469, Apr. 18, 2024]

Effective Date Note: At 89 FR 28470, Apr. 18, 2024, Sec. 57.5001
was removed, effective Apr. 8, 2026.

Sec. 57.5001T Exposure limits for airborne contaminants.

As of April 8, 2026, except as permitted by Sec. 57.5005--
(a) TLVs standard. Except as provided in paragraph (b) of this
section and in part 60 of this chapter, the exposure to airborne
contaminants shall not exceed, on the basis of a time weighted

[[Page 371]]

average, the threshold limit values adopted by the American Conference
of Governmental Industrial Hygienists, as set forth and explained in the
1973 edition of the Conference's publication, entitled TLV's Threshold
Limit Values for Chemical Substances in Workroom Air Adopted by ACGIH
for 1973, pages 1 through 54. This publication is incorporated by
reference into this section with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. This
incorporation by reference (IBR) material is available for inspection at
the Mine Safety and Health Administration (MSHA) and at the National
Archives and Records Administration (NARA). Contact MSHA at: MSHA's
Office of Standards, Regulations, and Variances, 201 12th Street South,
Arlington, VA 22202-5450; (202) 693-9440; or at any Mine Safety and
Health Enforcement District Office. For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/
ibr-locations or email . The material may be
obtained from American Conference of Governmental Industrial Hygienists,
1330 Kemper Meadow Drive, Attn: Customer Service, Cincinnati, OH 45240;
www.acgih.org.
(b) Asbestos standard--(1) Definitions. Asbestos is a generic term
for a number of asbestiform hydrated silicates that, when crushed or
processed, separate into flexible fibers made up of fibrils.
Asbestos means chrysotile, cummingtonite-grunerite asbestos
(amosite), crocidolite, anthophylite asbestos, tremolite asbestos, and
actinolite asbestos.
Asbestos fiber means a fiber of asbestos that meets the criteria of
a fiber.
Fiber means a particle longer than 5 micrometers ([micro]m) with a
length-to-diameter ratio of at least 3-to-1.
(2) Permissible Exposure Limits (PELs)--(i) Full-shift limit. A
miner's personal exposure to asbestos shall not exceed an 8-hour time-
weighted average full-shift airborne concentration of 0.1 fiber per
cubic centimeter of air (f/cc).
(ii) Excursion limit. No miner shall be exposed at any time to
airborne concentrations of asbestos in excess of 1 fiber per cubic
centimeter of air (f/cc) as averaged over a sampling period of 30
minutes.
(3) Measurement of airborne asbestos fiber concentration. Potential
asbestos fiber concentration shall be determined by phase contrast
microscopy (PCM) using the OSHA Reference Method in OSHA's asbestos
standard found in 29 CFR 1910.1001, Appendix A, or a method at least
equivalent to that method in identifying a potential asbestos exposure
exceeding the 0.1 f/cc full-shift limit or the 1 f/cc excursion limit.
When PCM results indicate a potential exposure exceeding the 0.1 f/cc
full-shift limit or the 1 f/cc excursion limit, samples shall be further
analyzed using transmission electron microscopy according to NIOSH
Method 7402 or a method at least equivalent to that method.
(c) Required action. Employees shall be withdrawn from areas where
there is present an airborne contaminant given a ``C'' designation by
the Conference and the concentration exceeds the threshold limit value
listed for that contaminant.

[89 FR 28469, Apr. 18, 2024]

Effective Date Note: At 89 FR 28470, Apr. 18, 2024, Sec. 57.5001T
was redesignated as Sec. 57.5001, effective Apr. 8, 2026.

fr.inspection@nara.gov
Sec. 57.5002 Exposure monitoring.

Dust, gas, mist, and fume surveys shall be conducted as frequently
as necessary to determine the adequacy of control measures.

Sec. 57.5005 Control of exposure to airborne contaminants.

[[Page 372]]

if they are protected by appropriate respiratory protective equipment.
Whenever respiratory protective equipment is used a program for
selection, maintenance, training, fitting, supervision, cleaning, and
use shall meet the following minimum requirements:
(a) Respirators approved by NIOSH under 42 CFR part 84 which are
applicable and suitable for the purpose intended shall be furnished and
miners shall use the protective equipment in accordance with training
and instruction.
(b) A respirator program consistent with the requirements of ANSI
Z88.2-1969, published by the American National Standards Institute and
entitled ``American National Standards Practices for Respiratory
Protection ANSI Z88.2-1969,'' approved August 11, 1969, which is hereby
incorporated by reference and made a part hereof. This publication may
be obtained from the American National Standards Institute, Inc., 25 W.
43rd Street, 4th Floor, New York, NY 10036; http://www.ansi.org, or may
be examined in any Metal and Nonmetal Mine Safety and Health District
Office of the Mine Safety and Health Administration.
(c) When respiratory protection is used in atmospheres immediately
harmful to life, the presence of at least one other person with backup
equipment and rescue capability shall be required in the event of
failure of the respiratory equipment.

[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 30400, June 8, 1995; 60
FR 33723, June 29, 1995; 60 FR 35695, July 11, 1995; 71 FR 16667, Apr.
3, 2006; 89 FR 28470, Apr. 18, 2024]

Effective Date Note: At 89 FR 28470, Apr. 18, 2024, Sec. 57.5005
was removed, effective Apr. 8, 2026.

Sec. 57.5005T Control of exposure to airborne contaminants.

As of April 8, 2026, the following is required. Control of employee
exposure to harmful airborne contaminants shall be, insofar as feasible,
by prevention of contamination, removal by exhaust ventilation, or by
dilution with uncontaminated air. However, where accepted engineering
control measures have not been developed or when necessary by the nature
of work involved (for example, while establishing controls or occasional
entry into hazardous atmospheres to perform maintenance or
investigation), employees may work for reasonable periods of time in
concentrations of airborne contaminants exceeding permissible levels if
they are protected by appropriate respiratory protective equipment.
Whenever respiratory protective equipment is used, its selection,
fitting, maintenance, cleaning, training, supervision, and use shall
meet the following minimum requirements:
(a) Respirators approved by NIOSH under 42 CFR part 84 which are
applicable and suitable for the purpose intended shall be furnished and
miners shall use the protective equipment in accordance with training
and instruction.
(b) A written respiratory protection program consistent with the
requirements of ASTM F3387-19, Standard Practice for Respiratory
Protection, approved August 1, 2019, which is incorporated by reference
into this section with the approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1 CFR part 51. This incorporation by
reference (IBR) material is available for inspection at the Mine Safety
and Health Administration (MSHA) and at the National Archives and
Records Administration (NARA). Contact MSHA at: MSHA's Office of
Standards, Regulations, and Variances, 201 12th Street South, Arlington,
VA 22202-5450; (202) 693-9440; or any Mine Safety and Health Enforcement
District Office. For information on the availability of this material at
NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email
. The material may be obtained from ASTM
International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken,
PA 19428-2959; www.astm.org.
(c) When respiratory protection is used in atmospheres immediately
dangerous to life or health (IDLH), the presence of at least one other
person with backup equipment and rescue capability shall be required in
the event of failure of the respiratory equipment.

[89 FR 28470, Apr. 18, 2024]

Effective Date Note: At 89 FR 28470, Apr. 18, 2024, Sec. 57.5005T
was redesignated as Sec. 57.5005, effective Apr. 8, 2026.

[[Page 373]]

fr.inspection@nara.gov
Sec. 57.5006 Restricted use of chemicals.

The following chemical substances shall not be used or stored except
by competent persons under laboratory conditions approved by a
nationally recognized agency acceptable to the Secretary.
(a) Carbon tetrachloride,
(b) Phenol,
(c) 4-Nitrobiphenyl,
(d) Alpha-naphthylamine,
(e) 4,4-Methylene Bis (2-chloroaniline),
(f) Methyl-chloromethyl ether,
(g) 3,3 Dichlorobenzidine,
(h) Bis (chloromethyl) ether,
(i) Beta-napthylamine,
(j) Benzidine,
(k) 4-Aminodiphenyl,
(l) Ethyleneimine,
(m) Beta-propiolactone,
(n) 2-Acetylaminofluorene,
(o) 4-Dimethylaminobenzene, and
(p) N-Nitrosodimethylamine.

Air Quality--Surface Only [Reserved]

Air Quality--Underground Only

Sec. 57.5015 Oxygen deficiency.

Air in all active workings shall contain at least 19.5 volume
percent oxygen.

Radiation--Underground Only

Sec. 57.5037 Radon daughter exposure monitoring.

(a) In all mines at least one sample shall be taken in exhaust mine
air by a competent person to determine if concentrations of radon
daughters are present. Sampling shall be done using suggested equipment
and procedures described in section 14.3 of ANSI N13.8-1973, entitled
``American National Standard Radiation Protection in Uranium Mines,''
approved July 18, 1973, pages 13-15, by the American National Standards
Institute, Inc., which is incorporated by reference and made a part of
the standard or equivalent procedures and equipment acceptable to the
Administrator, MSHA Metal and Nonmetal Mine Safety and Health district
office. This publication may be examined at any Metal and Nonmetal Mine
Safety and Health Subdistrict Office of the Mine Safety and Health
Administration, or may be obtained from the American National Standards
Institute, Inc., 25 W. 43rd Street, 4th Floor, New York, NY 10036;
http://www.ansi.org. The mine operator may request that the required
exhaust mine air sampling be done by the Mine Safety and Health
Administration. If concentrations of radon daughters in excess of 0.1 WL
are found in an exhaust air sample, thereafter--
(1) Where uranium is mined--radon daughter concentrations
representative of worker's breathing zone shall be determined at least
every two weeks at random times in all active working areas such as
stopes, drift headings, travelways, haulageways, shops, stations, lunch
rooms, magazines, and any other place or location where persons work,
travel, or congregate. However, if concentrations of radon daughters are
found in excess of 0.3 WL in an active working area, radon daughter
concentrations thereafter shall be determined weekly in that working
area until such time as the weekly determinations in that area have been
0.3 WL or less for 5 consecutive weeks.
(2) Where uranium is not mined--when radon daughter concentrations
between 0.1 and 0.3 WL are found in an active working area, radon
daughter concentration measurements representative of worker's breathing
zone shall be determined at least every 3 months at random times until
such time as the radon daughter concentrations in that area are below
0.1 WL, and annually thereafter. If concentrations of radon daughters
are found in excess of 0.3 WL in an active working area radon daughter
concentrations thereafter shall be determined at least weekly in that
working area until such time as the weekly determinations in that area
have been 0.3 WL or less for 5 consecutive weeks.
(b) If concentrations of radon daughters less than 0.1 WL are found
in an exhaust mine air sample, thereafter:
(1) Where uranium is mined--at least one sample shall be taken in
the exhaust mine air monthly.
(2) Where uranium is not mined--no further exhaust mine air sampling
is required.

[[Page 374]]

(c) The sample date, locations, and results obtained under (a) and
(b) above shall be recorded and retained at the mine site or nearest
mine office for at least two years and shall be made available for
inspection by the Secretary or his authorized representative.

[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995; 71
FR 16667, Apr. 3, 2006]

Sec. 57.5038 Annual exposure limits.

No person shall be permitted to receive an exposure in excess of 4
WLM in any calendar year.

Sec. 57.5039 Maximum permissible concentration.

Except as provided by standard Sec. 57.5005, persons shall not be
exposed to air containing concentrations of radon daughters exceeding
1.0 WL in active workings.

Sec. 57.5040 Exposure records.

(a) The operator shall calculate and record complete individual
exposures to concentrations of radon daughters as follows:
(1) Where uranium is mined--the complete individual exposures of all
mine personnel working underground shall be calculated and recorded.
These records shall include the individual's time in each active working
area such as stopes, drift headings, travelways, haulageways, shops,
stations, lunch rooms, magazines and any other place or location where
persons work, travel or congregate, and the concentration of airborne
radon daughters for each active working area.
(2) Where uranium is not mined--the complete individual exposure of
all mine personnel working in active working areas with radon daughter
concentrations in excess of 0.3 WL shall be calculated and recorded.
These records shall include the individual's time in each active working
area and the concentrations of airborne radon daughters for each active
working area. The operator may discontinue calculating and recording the
individual exposures of any personnel assigned to work in active working
areas where radon daughter concentrations have been reduced to 0.3 WL or
less for 5 consecutive weeks provided that such exposure calculation and
recordation shall not be discontinued with respect to any person who has
accumulated more exposure than \1/12\ (one-twelfth) of a WLM times the
number of months for which exposures have been calculated and recorded
in the calendar year in which the exposure calculation and recordation
is proposed to be discontinued.
(b) The operator shall maintain the form entitled ``Record of
Individual Exposure to Radon Daughters'' (Form 4000-9), or equivalent
forms that are acceptable to the Administrator, Metal and Nonmetal Mine
Safety and Health, Mine Safety and Health Administration, on which there
shall be recorded the specific information required by the form with
respect to each person's time-weighted current and cumulative exposure
to concentrations of radon daughters.
(1) The form entitled ``Record of Individual Exposure to Radon
Daughters'' (Form 4000-9), shall consist of an original of each form for
the operator's records which shall be available for examination by the
Secretary or his authorized representative.
(2) On or before February 15 of each calendar year, or within 45
days after the shutdown of mining operations for the calendar year, each
mine operator shall submit to the Mine Safety and Health Administration
a copy of the ``Record of Individual Exposure to Radon Daughters'' (Form
4000-9), or acceptable equivalent form, showing the data required by the
form for all personnel for whom calculation and recording of exposure
was required during the previous calendar year.
(3) Errors detected by the operator shall be corrected on any forms
kept by the operator and a corrected copy of any forms submitted to the
Mine Safety and Health Administration shall be submitted to the Mine
Safety and Health Administration within 60 days of detection and shall
identify the errors and indicate the date the corrections are made.
(4) The operator's records of individual exposure to concentrations
of radon daughters and copies of ``Record of Individual Exposure to
Radon Daughters'' (Form 4000-9) or acceptable

[[Page 375]]

equivalent form or true legible facsimiles thereof (microfilm or other),
shall be retained at the mine or nearest mine office for a period as
specified in paragraph 9.8, ANSI N13.8-1973, or shall be submitted to
the Mine Safety and Health Administration. These records, if retained by
the operator, shall be open for inspection by the Secretary of Labor,
his authorized representative, and authorized representatives of the
official mine inspection agency of the State in which the mine is
located. Paragraph 9.8, ANSI N13.8-1973, is incorporated by reference
and made a part of this standard. ANSI N13.8-1973 may be examined at any
Metal and Nonmetal Mine Safety and Health District Office of the Mine
Safety and Health Administration, and may be obtained from the American
National Standards Institute, Inc., at 25 W. 43rd Street, 4th Floor, New
York, NY 10036; http://www.ansi.org.
(5) Upon written request from a person who is a subject of these
records, a statement of the year-to-date and cumulative exposure
applicable to that person shall be provided to the person or to whomever
such person designates.
(6) The blank form entitled ``Record of Individual Exposure to Radon
Daughters'' (Form 4000-9) may be obtained on request from any MSHA Metal
and Nonmetal Mine Safety and Health district office.
Note: To calculate an individual's exposure to WLM for a given
period of time, multiply the total exposure time (hours to the nearest
half-hour) in an active working area by the average concentration of
airborne radon daughters for the applicable active working area (average
working level calculated to the nearest hundredth working level) and
divide the product by the constant 173 hours per month.
An average airborne radon daughter concentration for a designated
active working area shall be determined by averaging all sampling
results for that working area during the time that persons are present.
Any sample taken by Federal or State mine inspectors, which represents
exposure to miners and reported to the operator within three days of
being taken, shall be included in the average concentration; except that
if the mine operator samples simultaneously with the inspector, he may
use his own sample results.

[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995; 60
FR 35695, July 11, 1995; 71 FR 16667, Apr. 3, 2006]

Sec. 57.5041 Smoking prohibition.

Smoking shall be prohibited in all areas of a mine where exposure
records are required to be kept in compliance with standard 57.5040.

Sec. 57.5042 Revised exposure levels.

If levels of permissible exposures to concentrations of radon
daughters different from those prescribed in 57.5038 are recommended by
the Environmental Protection Agency and approved by the President, no
employee shall be permitted to receive exposures in excess of those
levels after the effective dates established by the Agency.

Sec. 57.5044 Respirators.

In environments exceeding 1.0 WL, miners shall wear respirators
approved by NIOSH for radon daughters prior to July 10, 1995 or under
the equivalent section of 42 CFR part 84 and such respirator use shall
be in compliance with Sec. 57.5005.

[60 FR 30400, June 8, 1995]

Sec. 57.5045 Posting of inactive workings.

Inactive workings in which radon daughter concentrations are above
1.0 WL, shall be posted against unauthorized entry and designated by
signs indicating them as areas in which approved respirators shall be
worn.

Sec. 57.5046 Protection against radon gas.

Where radon daughter concentrations exceed 10 WL, respirator
protection against radon gas shall be provided in addition to protection
against radon daughters. Protection against radon gas shall be provided
by supplied air devices or by face masks containing absorbent material
capable of removing both the radon and its daughters.

Sec. 57.5047 Gamma radiation surveys.

(a) Gamma radiation surveys shall be conducted annually in all
underground mines where radioactive ores are mined.
(b) Surveys shall be in accordance with American National Standards
(ANSI) Standard N13.8-1973, entitled ``Radiation Protection in Uranium
Mines'', section 14.1 page 12, which is hereby incorporated by reference
and made a part hereof. This publication

[[Page 376]]

may be examined in any Metal and Nonmetal Mine Safety and Health
District Office, Mine Safety and Health Administration, or may be
obtained from the American National Standards Institute, Inc., 25 W.
43rd Street, 4th Floor, New York, NY 10036; http://www.ansi.org.
(c) Where average gamma radiation measurements are in excess of 2.0
milliroentgens per hour in the working place, gamma radiation dosimeters
shall be provided for all persons affected, and records of cumulative
individual gamma radiation exposure shall be kept.
(d) Annual individual gamma radiation exposure shall not exceed 5
rems.

[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995; 60
FR 35695, July 11, 1995; 71 FR 16667, Apr. 3, 2006]

Diesel Particulate Matter--Underground Only

Source: 66 FR 5907, Jan. 19, 2001, unless otherwise noted.

Sec. 57.5060 Limit on exposure to diesel particulate matter.

(a) A miner's personal exposure to diesel particulate matter (DPM)
in an underground mine must not exceed an average eight-hour equivalent
full shift airborne concentration of 308 micrograms of elemental carbon
per cubic meter of air (308 [micro]g/m\3\). [This interim
permissible exposure limit (PEL) remains in effect until the final DPM
exposure limit becomes effective. When the final DPM exposure limit
becomes effective, MSHA will publish a document in the Federal
Register.]
(b)(1) Effective May 20, 2006, a miner's personal exposure to diesel
particulate matter (DPM) in an underground mine must not exceed an
average eight-hour equivalent full shift airborne concentration of 308
micrograms of elemental carbon per cubic meter of air (308
[micro]g/m\3\).
(2) Effective January 20, 2007, a miner's personal exposure to
diesel particulate matter (DPM) in an underground mine must not exceed
an average eight-hour equivalent full shift airborne concentration of
350 micrograms of total carbon per cubic meter of air (350
[micro]g/m\3\).
(3) Effective May 20, 2008, a miner's personal exposure to diesel
particulate matter (DPM) in an underground mine must not exceed an
average eight-hour equivalent full shift airborne concentration of 160
micrograms of total carbon per cubic meter of air (160
[micro]g/m\3\).
(c)(1) If a mine requires additional time to come into compliance
with the final DPM limit established in Sec. 57.5060 (b) due to
technological or economic constraints, the operator of the mine may file
an application with the District Manager for a special extension.
(2) The mine operator must certify on the application that the
operator has posted one copy of the application at the mine site for at
least 30 days prior to the date of application, and has provided another
copy to the authorized representative of miners.
(3) No approval of a special extension shall exceed a period of one
year from the date of approval. Mine operators may file for additional
special extensions provided each extension does not exceed a period of
one year. An application must include the following information:
(i) Documentation supporting that controls are technologically or
economically infeasible at this time to reduce the miner's exposure to
the final DPM limit.
(ii) The most recent DPM monitoring results.
(iii) The actions the operator will take during the extension to
minimize exposure of miners to DPM.
(4) A mine operator must comply with the terms of any approved
application for a special extension, post a copy of the approved
application for a special extension at the mine site for the duration of
the special extension period, and provide a copy of the approved
application to the authorized representative of miners.
(d) The mine operator must install, use, and maintain feasible
engineering and administrative controls to reduce a miner's exposure to
or below the applicable DPM PEL established in this section. When
controls do not reduce a miner's DPM exposure to the PEL, controls are
infeasible, or controls do not produce significant reductions in DPM

[[Page 377]]

exposures, controls must be used to reduce the miner's exposure to as
low a level as feasible and must be supplemented with respiratory
protection in accordance with Sec. 57.5005(a), (b), and paragraphs
(d)(1) through (d)(8) of this section.
(1) Air purifying respirators must be equipped with the following:
(i) Filters certified by NIOSH under 30 CFR part 11 (appearing in
the July 1, 1994 edition of 30 CFR, parts 1 to 199) as a high efficiency
particulate air (HEPA) filter;
(ii) Filters certified by NIOSH under 42 CFR part 84 as 99.97%
efficient; or
(iii) Filters certified by NIOSH for DPM.
(2) Non-powered, negative-pressure, air purifying, particulate-
filter respirators shall use an R- or P-series filter or any filter
certified by NIOSH for DPM. An R-series filter shall not be used for
longer than one work shift.
(3) The mine operator must provide a confidential medical evaluation
by a physician or other licensed health care professional (PLHCP), at no
cost to the miner, to determine the miner's ability to use a respirator
before the miner is required to be fit tested or to use a respirator at
the mine. If the PLHCP determines that the miner cannot wear a negative
pressure respirator, the mine operator must make certain that the PLHCP
evaluates the miner's ability to wear a powered air purifying respirator
(PAPR).
(4) The mine operator must provide the miner with an opportunity to
discuss their evaluation results with the PLHCP before the PLHCP submits
the written determination to the mine operator regarding the miner's
ability to wear a respirator. If the miner disagrees with the evaluation
results of the PLHCP, the miner may submit within 30 days additional
evidence of his or her medical condition to the PLHCP.
(5) The mine operator must obtain a written determination from the
PLHCP regarding the miner's ability to wear a respirator, and the mine
operator must assure that the PLHCP provides a copy of the determination
to the miner.
(6) The miner must be reevaluated when the mine operator has reason
to believe that conditions have changed which could adversely affect the
miner's ability to wear the respirator.
(7) Upon written notification that the PLHCP has determined that the
miner is unable to wear a respirator, including a PAPR, the miner must
be transferred to work in an existing position in an area of the same
mine where respiratory protection is not required. The miner must be
transferred within 30 days of the final determination by the PLHCP.
(i) The miner must continue to receive compensation at no less than
the regular rate of pay in the classification held by that miner
immediately prior to the transfer.
(ii) Increases in wages of the transferred miner must be based upon
the new work classification.
(8) The mine operator must maintain a record of the identity of the
PLHCP and the most recent written determination of each miner's ability
to wear a respirator for the duration of the miner's employment plus six
months.
(e) Rotation of miners shall not be considered an acceptable
administrative control used for compliance with the DPM standard.

[70 FR 32966, June 6, 2005; 70 FR 37901, June 30, 2005, as amended at 70
FR 55019, Sept. 19, 2005; 71 FR 29011, 29012, May 18, 2006; 71 FR 36483,
June 27, 2006]

ECECTCTC
Sec. 57.5061 Compliance determinations.

(a) MSHA will use a single sample collected and analyzed by the
Secretary in accordance with the requirements of this section as an
adequate basis for a determination of noncompliance with the DPM limit.
(b) The Secretary will collect samples of DPM by using a respirable
dust sampler equipped with a submicrometer impactor and analyze the
samples for the amount of elemental carbon using the method described in
NIOSH Analytical Method 5040, except that the Secretary also may use any
methods of collection and analysis subsequently determined by NIOSH to
provide equal or improved accuracy for the measurement of DPM.

[[Page 378]]

[70 FR 32966, June 6, 2005]

Sec. 57.5065 Fueling practices.

(a) Diesel fuel used to power equipment in underground areas must
not have a sulfur content greater than 0.05 percent. The operator must
retain purchase records that demonstrate compliance with this
requirement for one year after the date of purchase.
(b) The operator must only use fuel additives registered by the U.S.
Environmental Protection Agency in diesel powered equipment operated in
underground areas.

[66 FR 5907, Jan. 19, 2001; 66 FR 35520, July 5, 2001]

Sec. 57.5066 Maintenance standards.

(a) Any diesel powered equipment operated at any time in underground
areas must meet the following maintenance standards:
(1) The operator must maintain any approved engine in approved
condition;
(2) The operator must maintain the emission related components of
any non-approved engine to manufacturer specifications; and
(3) The operator must maintain any emission or particulate control
device installed on the equipment in effective operating condition.
(b)(1) A mine operator must authorize each miner operating diesel-
powered equipment underground to affix a visible and dated tag to the
equipment when the miner notes evidence that the equipment may require
maintenance in order to comply with the maintenance standards of
paragraph (a) of this section. The term evidence means visible smoke or
odor that is unusual for that piece of equipment under normal operating
procedures, or obvious or visible defects in the exhaust emissions
control system or in the engine affecting emissions.
(2) A mine operator must ensure that any equipment tagged pursuant
to this section is promptly examined by a person authorized to maintain
diesel equipment, and that the affixed tag not be removed until the
examination has been completed. The term promptly means before the end
of the next shift during which a qualified mechanic is scheduled to
work.
(3) A mine operator must retain a log of any equipment tagged
pursuant to this section. The log must include the date the equipment is
tagged, the date the equipment is examined, the name of the person
examining the equipment, and any action taken as a result of the
examination. The operator must retain the information in the log for one
year after the date the tagged equipment was examined.
(c) Persons authorized by a mine operator to maintain diesel
equipment covered by paragraph (a) of this section must be qualified, by
virtue of training or experience, to ensure that the maintenance
standards of paragraph (a) of this section are observed. An operator
must retain appropriate evidence of the competence of any person to
perform specific maintenance tasks in compliance with those standards
for one year after the date of any maintenance, and upon request must
provide the documentation to the authorized representative of the
Secretary.

[66 FR 5907, Jan. 19, 2001, as amended at 67 FR 9184, Feb. 27, 2002]

Effective Date Note: At 66 FR 5907, Jan. 19, 2001, Sec. 57.5066 was
added, effective July 5, 2001, except for paragraph (b). At 66 FR 35518,
July 5, 2001, the effective date of paragraph (b) was delayed pending
disposition of current litigation challenging the rule. At 67 FR 9184,
Feb. 27, 2002, paragraphs (b)(1) and (b)(2) were revised, effective Mar.
29, 2002.

Sec. 57.5067 Engines.

(a) Any diesel engine introduced into an underground area of a mine
covered by this part after July 5, 2001, other than an engine in an
ambulance or fire fighting equipment which is utilized in accordance
with mine fire fighting and evacuation plans, must either:
(1) Have affixed a plate evidencing approval of the engine pursuant
to subpart E of Part 7 of this title or pursuant to Part 36 of this
title; or
(2) Meet or exceed the applicable particulate matter emission
requirements of the Environmental Protection Administration listed in
Table 57.5067-1, as follows:

[[Page 379]]

Table 57.5067-1
------------------------------------------------------------------------
EPA requirement EPA category PM limit
------------------------------------------------------------------------
40 CFR 86.094- light duty vehicle.. 0.1 g/mile.
8(a)(1)(i)(A)(2).
40 CFR 86.094- light duty truck.... 0.1 g/mile.
9(a)(1)(i)(A)(2).
40 CFR 86.094- heavy duty highway 0.1 g/bhp-hr.
11(a)(1)(iv)(B). engine.
40 CFR 89.112(a)............ nonroad (tier, power varies by power
range). range:
tier 1 kW<8 (hp<11). 1.0 g/kW-hr (0.75 g/
bhp-hr).
tier 1 8<=kW<19 0.80 g/kW-hr (0.60 g/
(11<=hp<25). bhp-hr).
tier 1 19<=kW<37 0.80 g/kW-hr (0.60 g/
(25<=hp<50). bhp-hr).
tier 2 37<=kW<75 0.40 g/kW-hr (0.30 g/
(50<=hp<100). bhp-hr).
tier 2 75<=kW<130 0.30 g/kW-hr (0.22 g/
(100<=hp<175). bhp-hr).
tier 1 130<=kW<225 0.54 g/kW-hr (0.40 g/
(175<=hp<300). bhp-hr).
tier 1 225<=kW<450 0.54 g/kW-hr (0.40 g/
(300<=hp<600). bhp-hr).
tier 1 450<=kW<560 0.54 g/kW-hr (0.40 g/
(600<=hp<750). bhp-hr).
tier 1 kW=560 (hp=750).
------------------------------------------------------------------------
Notes:
``g'' means grams.
``hp'' means horsepower.
``g/bhp-hr'' means grams/brake horsepower-hour.
``kW'' means kilowatt.
``g/kW-hr'' means grams/kilowatt-hour.

(b) For purposes of paragraph (a):
(1) The term ``introduced'' means any engine added to the
underground inventory of engines of the mine in question, including:
(i) An engine in newly purchased equipment;
(ii) An engine in used equipment brought into the mine; and
(iii) A replacement engine that has a different serial number than
the engine it is replacing; but
(2) The term ``introduced'' does not include engines that were
previously part of the mine inventory and rebuilt.
(3) The term introduced does not include the transfer of engines or
equipment from the inventory of one underground mine to another
underground mine operated by the same mine operator.

[66 FR 5907, Jan. 19, 2001, as amended at 66 FR 27864, May 21, 2001; 67
FR 9184, Feb. 27, 2002]

Sec. 57.5070 Miner training.

(a) Mine operators must provide annual training to all miners at a
mine covered by this part who can reasonably be expected to be exposed
to diesel emissions on that property. The training must include--
(1) The health risks associated with exposure to diesel particulate
matter;
(2) The methods used in the mine to control diesel particulate
matter concentrations;
(3) Identification of the personnel responsible for maintaining
those controls; and
(4) Actions miners must take to ensure the controls operate as
intended.
(b) An operator must retain a record at the mine site of the
training required by this section for one year after completion of the
training.

Sec. 57.5071 Exposure monitoring.

(a) Mine operators must monitor as often as necessary to effectively
determine, under conditions that can be reasonably anticipated in the
mine, whether the average personal full-shift airborne exposure to DPM
exceeds the DPM limit specified in Sec. 57.5060.
(b) The mine operator must provide affected miners and their
representatives with an opportunity to observe exposure monitoring
required by this section. Mine operators must give prior notice to
affected miners and their representatives of the date and time of
intended monitoring.
(c) If any monitoring performed under this section indicates that a
miner's exposure to diesel particulate matter exceeds the DPM limit
specified in Sec. 57.5060, the operator must promptly post notice of
the corrective action being taken on the mine bulletin board, initiate
corrective action by the next work shift, and promptly complete such
corrective action.
(d)(1) The results of monitoring for diesel particulate matter,
including any results received by a mine operator

[[Page 380]]

from sampling performed by the Secretary, must be posted on the mine
bulletin board within 15 days of receipt and must remain posted for 30
days. The operator must provide a copy of the results to the authorized
representative of miners.
(2) The mine operator must retain for five years (from the date of
sampling), the results of any samples the operator collected as a result
of monitoring under this section, and information about the sampling
method used for obtaining the samples.

[70 FR 32966, June 6, 2005]

Sec. 57.5075 Diesel particulate records.

(a) The table entitled ``Diesel Particulate Matter Recordkeeping
Requirements'' lists the records the operator must maintain pursuant to
Sec. Sec. 57.5060 through 57.5071, and the duration for which
particular records need to be retained.

Table 57.5075(a)--Diesel Particulate Recordkeeping Requirements
------------------------------------------------------------------------
Record Section reference Retention time
------------------------------------------------------------------------
1. Approved application for Sec. 57.5060(c)..... Duration of
extension of time to comply extension.
with exposure limits.
2. Identity of PLHCP and most Sec. 57.5060(d)..... Duration of
recent written determination miner's
of miner's ability to wear a employment plus
respirator. 6 months.
3. Purchase records noting Sec. 57.5065(a)..... 1 year beyond
sulfur content of diesel fuel. date of
purchase.
4. Maintenance log............ Sec. 57.5066(b)..... 1 year after
date any
equipment is
tagged.
5. Evidence of competence to Sec. 57.5066(c)..... 1 year after
perform maintenance. date
maintenance
performed.
6. Annual training provided to Sec. 57.5070(b)..... 1 year beyond
potentially exposed miners. date training
completed.
7. Record of corrective action Sec. 57.5071(c)..... Until the
corrective
action is
completed.
8. Sampling method used to Sec. 57.5071(d)..... 5 years from
effectively evaluate a sample date.
miner's personal exposure,
and sample results.
------------------------------------------------------------------------

(b)(1) Any record listed in this section which is required to be
retained at the mine site may, notwithstanding such requirement, be
retained elsewhere if the mine operator can immediately access the
record from the mine site by electronic transmission.
(2) Upon request from an authorized representative of the Secretary
of Labor, the Secretary of Health and Human Services, or from the
authorized representative of miners, mine operators must promptly
provide access to any record listed in the table in this section.
(3) An operator must provide access to a miner, former miner, or,
with the miner's or former miner's written consent, a personal
representative of a miner, to any record required to be maintained
pursuant to Sec. 57.5071 or Sec. 57.5060(d) to the extent the
information pertains to the miner or former miner. The operator must
provide the first copy of a requested record at no cost, and any
additional copies at reasonable cost.
(4) Whenever an operator ceases to do business, that operator must
transfer all records required to be maintained by this part, or a copy
thereof, to any successor operator who must maintain them for the
required period.

[70 FR 32966, June 6, 2005; 70 FR 37901, June 30, 2005; 71 FR 29012, May
18, 2006]

Subpart E_Explosives

Source: 61 FR 36801, July 12, 1996, unless otherwise noted.

Sec. 57.6000 Definitions.

[[Page 381]]

explosive. These devices include electronic detonators, electric or
nonelectric instantaneous or delay blasting caps, and delay connectors.
The term ``detonator'' does not include detonating cord. Detonators may
be either ``Class A'' detonators or ``Class C'' detonators, as
classified by the Department of Transportation in 49 CFR 173.53 and
173.100, which is available at any MSHA Metal and Nonmetal Safety and
Health district office.
Explosive. Any substance classified as an explosive by the
Department of Transportation in 49 CFR 173.53, 173.88, and 173.100. This
document is available at any MSHA Metal and Nonmetal Safety and Health
district office.
Explosive material. Explosives, blasting agents, and detonators.
Flash point. The minimum temperature at which sufficient vapor is
released by a liquid to form a flammable vapor-air mixture near the
surface of the liquid.
Igniter cord. A fuse that burns progressively along its length with
an external flame at the zone of burning, used for lighting a series of
safety fuses in a desired sequence.
Magazine. A bullet-resistant, theft-resistant, fire-resistant,
weather-resistant, ventilated facility for the storage of explosives and
detonators (BATF Type 1 or Type 2 facility).
Misfire. The complete or partial failure of explosive material to
detonate as planned. The term also is used to describe the explosive
material itself that has failed to detonate.
Primer. A unit, package, or cartridge of explosives which contains a
detonator and is used to initiate other explosives or blasting agents.
Safety switch. A switch that provides shunt protection in blasting
circuits between the blast site and the switch used to connect a power
source to the blasting circuit.
Slurry. An explosive material containing substantial portions of a
liquid, oxidizers, and fuel, plus a thickener.
Water gel. An explosive material containing substantial portions of
water, oxidizers, and fuel, plus a cross-linking agent.

[61 FR 36801, July 12, 1996, as amended at 67 FR 38385, June 4, 2002; 68
FR 32361, May 30, 2003; 69 FR 38842, June 29, 2004; 85 FR 2027, Jan. 14,
2020]

Storage--Surface and Underground

Sec. 57.6100 Separation of stored explosive material.

Sec. 57.6101 Areas around explosive material storage facilities.

Sec. 57.6102 Explosive material storage practices.

Storage--Surface Only

Sec. 57.6130 Explosive material storage facilities.

(a) Detonators and explosives shall be stored in magazines.

[[Page 382]]

(b) Packaged blasting agents shall be stored in a magazine or other
facility which is ventilated to prevent dampness and excessive heating,
weather-resistant, and locked or attended. Drop trailers do not have to
be ventilated if they are currently licensed by the Federal, State, or
local authorities for over-the-road use. Facilities other than magazines
used to store blasting agents shall contain only blasting agents.
(c) Bulk blasting agents shall be stored in weather-resistant bins
or tanks which are locked, attended, or otherwise inaccessible to
unauthorized entry.
(d) Facilities, bins or tanks shall be posted with the appropriate
United States Department of Transportation placards or other appropriate
warning signs that indicate the contents and are visible from each
approach.

Sec. 57.6131 Location of explosive material storage facilities.

Sec. 57.6132 Magazine requirements.

Sec. 57.6133 Powder chests.

[[Page 383]]

partition. When a laminated partition is used, operators must follow the
provisions of the Institute of Makers of Explosives (IME) Safety Library
Publication No. 22, ``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).
The IME is located at 1120 19th Street NW., Suite 310, Washington, DC
20036-3605; 202-429-9280; https://www.ime.org. This incorporation by
reference has been approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available
at MSHA's Office of Standards, Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202-5452; 202-693-9440; and at all Metal
and Nonmetal Mine Safety and Health District Offices, or available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.

[61 FR 36801, July 12, 1996, as amended at 67 FR 38385, June 4, 2002; 80
FR 52988, Sept. 2, 2015]

Storage--Underground Only

Sec. 57.6160 Main facilities.

(a) Main facilities used to store explosive material underground
shall be located--
(1) In stable or supported ground;
(2) So that a fire or explosion in the storage facilities will not
prevent escape from the mine, or cause detonation of the contents of
another storage facility;
(3) Out of the line of blasts, and protected from vehicular traffic,
except that accessing the facility;
(4) At least 200 feet from work places or shafts;
(5) At least 50 feet from electric substations;
(6) A safe distance from trolley wires; and
(7) At least 25 feet from detonator storage facilities.
(b) Main facilities used to store explosive material underground
shall be--
(1) Posted with warning signs that indicate the contents and are
visible from any approach;
(2) Used exclusively for the storage of explosive material and
necessary equipment associated with explosive material storage and
delivery:
(i) Portions of the facility used for the storage of explosives
shall only contain nonsparking material or equipment.
(ii) The blasting agent portion of the facility may be used for the
storage of other necessary equipment;
(3) Kept clean, suitably dry, and orderly;
(4) Provided with unobstructed ventilation openings;
(5) Kept securely locked unless all access to the mine is either
locked or attended; and
(6) Unlighted or lighted only with devices that do not create a fire
or explosion hazard and which are specifically designed for use in
magazines.
(c) Electrical switches and outlets shall be located outside the
facility.

Sec. 57.6161 Auxiliary facilities.

(a) Auxiliary facilities used to store explosive material near work
places shall be wooden, box-type containers equipped with covers or
doors, or facilities constructed or mined-out to provide equivalent
impact resistance and confinement.
(b) The auxiliary facilities shall be--
(1) Constructed of nonsparking material on the inside when used for
the storage of explosives;
(2) Kept clean, suitably dry, and orderly;
(3) Kept in repair;
(4) Located out of the line of blasts so they will not be subjected
to damaging shock or flyrock;
(5) Identified with warning signs or coded to indicate the contents
with markings visible from any approach;
(6) Located at least 15 feet from all haulageways and electrical
equipment, or placed entirely within a mined-out recess in the rib used
exclusively for explosive material;
(7) Filled with no more than a one-week supply of explosive
material;

[[Page 384]]

(8) Separated by at least 25 feet from other facilities used to
store detonators; and
(9) Kept securely locked unless all access to the mine is either
locked or attended.

Transportation--Surface and Underground

Sec. 57.6200 Delivery to storage or blast site areas.

Explosive material shall be transported without undue delay to the
storage area or blast site.

Sec. 57.6201 Separation of transported explosive material.

Detonators shall not be transported on the same vehicle or
conveyance with other explosives except as follows:
(a) Detonators in quantities of more than 1,000 may be transported
in a vehicle or conveyance with explosives or blasting agents provided
the detonators are--
(1) Maintained in the original packaging as shipped from the
manufacturer; and
(2) Separated from explosives or blasting agents by 4 inches of
hardwood or equivalent, or a laminated partition. The hardwood or
equivalent shall be fastened to the vehicle or conveyance. When a
laminated partition is used, operators must follow the provisions of the
Institute of Makers of Explosives (IME) Safety Library Publication No.
22, ``Recommendations for the Safe Transportation of Detonators in a
Vehicle with Other Explosive Materials'' (May 1993), and the ``Generic
Loading Guide for the IME-22 Container'' (October 1993). The IME is
located at 1120 19th Street NW., Suite 310, Washington, DC 20036-3605;
202-429-9280; https://www.ime.org. This incorporation by reference has
been approved by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA's Office
of Standards, Regulations, and Variances, 201 12th Street South,
Arlington, VA 22202-5452; 202-693-9440; and at all Metal and Nonmetal
Mine Safety and Health District Offices, or available for examination at
the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030, or go
to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
(b) Detonators in quantities of 1,000 or fewer may be transported
with explosives or blasting agents provided the detonators are--
(1) Kept in closed containers; and
(2) Separated from explosives or blasting agents by 4 inches of
hardwood or equivalent, or a laminated partition. The hardwood or
equivalent shall be fastened to the vehicle or conveyance. When a
laminated partition is used, operators must follow the provisions of IME
Safety Library Publication No. 22, ``Recommendations for the Safe
Transportation of Detonators in a Vehicle with Other Explosive
Materials'' (May 1993), and the ``Generic Loading Guide for the IME-22
Container'' (October 1993). The IME is located at 1120 19th Street NW.,
Suite 310, Washington, DC 20036-3605; 202-429-9280; https://www.ime.org.
This incorporation by reference has been approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies are available at MSHA's Office of Standards, Regulations, and
Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-
9440; and at all Metal and Nonmetal Mine Safety and Health District
Offices, or available for examination at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

[61 FR 36801, July 12, 1996, as amended at 67 FR 38385, June 4, 2002; 80
FR 52988, Sept. 2, 2015]

Sec. 57.6202 Vehicles.

(a) Vehicles containing explosive material shall be--
(1) Maintained in good condition and shall comply with the
requirements of subpart M of this part;
(2) Equipped with sides and enclosures higher than the explosive
material being transported or have the explosive material secured to a
nonconductive pallet;

[[Page 385]]

(3) Equipped with a cargo space that shall contain the explosive
material (passenger areas shall not be considered cargo space);
(4) Equipped with at least two multipurpose dry-chemical fire
extinguishers or one such extinguisher and an automatic fire suppression
system;
(5) Posted with warning signs that indicate the contents and are
visible from each approach;
(6) Occupied only by persons necessary for handling the explosive
material;
(7) Attended or the cargo compartment locked at surface areas of
underground mines, except when parked at the blast site and loading is
in progress; and
(8) Secured while parked by having--
(i) The brakes set;
(ii) The wheels chocked if movement could occur; and
(iii) The engine shut off unless powering a device being used in the
loading operation.
(b) Vehicles containing explosives shall have--
(1) No sparking material exposed in the cargo space; and
(2) Only properly secured nonsparking equipment in the cargo space
with the explosives.
(c) Vehicles used for dispensing bulk explosive material shall--
(1) Have no zinc or copper exposed in the cargo space; and
(2) Provide any enclosed screw-type conveyors with protection
against internal pressure and frictional heat.

Sec. 57.6203 Locomotives.

Explosive material shall not be transported on a locomotive. When
explosive material is hauled by trolley locomotive, covered,
electrically insulated cars shall be used.

Sec. 57.6204 Hoists.

(a) Before explosive material is transported in hoist conveyances--
(1) The hoist operator shall be notified; and
(2) Hoisting in adjacent shaft compartments, except for empty
conveyances or counterweights, shall be stopped until transportation of
the explosive material is completed.
(b) Explosive material transported in hoist conveyances shall be
placed within a container which prevents shifting of the cargo that
could cause detonation of the container by impact or by sparks. The
manufacturer's container may be used if secured to a nonconductive
pallet. When explosives are transported, they shall be secured so as not
to contact any sparking material.
(c) No explosive material shall be transported during a mantrip.

Sec. 57.6205 Conveying explosives by hand.

Closed, nonconductive containers shall be used to carry explosives
and detonators to and from blast sites. Separate containers shall be
used for explosives and detonators.

USE--SURFACE AND UNDERGROUND

Sec. 57.6300 Control of blasting operations.

Sec. 57.6301 Blasthole obstruction check.

Before loading, blastholes shall be checked and, wherever possible,
cleared of obstructions.

Sec. 57.6302 Separation of explosive material.

Explosives and blasting agents shall be kept separated from
detonators until loading begins.

Sec. 57.6303 Initiation preparation.

[[Page 386]]

(c) When using detonating cord to initiate another explosive, a
connection shall be prepared with the detonating cord threaded through,
attached securely to, or otherwise in contact with the explosive.

Sec. 57.6304 Primer protection.

Sec. 57.6305 Unused explosive material.

Unused explosive material shall be moved to a protected location as
soon as practical after loading operations are completed.

Sec. 57.6306 Loading, blasting, and security.

(a) When explosive materials or initiating systems are brought to
the blast site, the blast site shall be attended; barricaded and posted
with warning signs, such as ``Danger,'' ``Explosives,'' or ``Keep Out;''
or flagged against unauthorized entry.
(b) Vehicles and equipment shall not be driven over explosive
material or initiating systems in a manner which could contact the
material or system, or create other hazards.
(c) Once loading begins, the only activities permitted within the
blast site shall be those activities directly related to the blasting
operation and the activities of surveying, stemming, sampling of
geology, and reopening of holes, provided that reasonable care is
exercised. Haulage activity is permitted near the base of bench faces
being loaded or awaiting firing, provided no other haulage access
exists.
(d) Loading and blasting shall be conducted in a manner designed to
facilitate a continuous process, with the blast fired as soon as
possible following the completion of loading. If blasting a loaded round
may be delayed for more than 72 hours, the operator shall notify the
appropriate MSHA district office.
(e) In electric blasting prior to connecting to the power source,
and in nonelectric blasting prior to attaching an initiating device, all
persons shall leave the blast area except persons in a blasting shelter
or other location that protects them from concussion (shock wave),
flying material, and gases.
(f) Before firing a blast--
(1) Ample warning shall be given to allow all persons to be
evacuated;
(2) Clear exit routes shall be provided for persons firing the
round; and
(3) All access routes to the blast area shall be guarded or
barricaded to prevent the passage of persons or vehicles.
(g) Work shall not be resumed in the blast area until a post-blast
examination addressing potential blast-related hazards has been
conducted by a person with the ability and experience to perform the
examination.

Sec. 57.6307 Drill stem loading.

Sec. 57.6308 Initiation systems.

Initiation systems shall be used in accordance with the
manufacturer's instructions.

Sec. 57.6309 Fuel oil requirements for ANFO.

Sec. 57.6310 Misfire waiting period.

When a misfire is suspected, persons shall not enter the blast
area--
(a) For 30 minutes if safety fuse and blasting caps are used;
(b) For 15 minutes if any other type detonators are used; or

[[Page 387]]

[61 FR 36801, July 12, 1996, as amended at 85 FR 2027, Jan. 14, 2020]

Sec. 57.6311 Handling of misfires.

Sec. 57.6312 Secondary blasting.

Secondary blasts fired at the same time in the same work area shall
be initiated from one source.

Electric Blasting--Surface and Underground

Sec. 57.6400 Compatibility of electric detonators.

All electric detonators to be fired in a round shall be from the
same manufacturer and shall have similar electrical firing
characteristics.

Sec. 57.6401 Shunting.

Sec. 57.6402 Deenergized circuits near detonators.

Electrical distribution circuits within 50 feet of electric
detonators at the blast site shall be deenergized. Such circuits need
not be deenergized between 25 to 50 feet of the electric detonators if
stray current tests, conducted as frequently as necessary, indicate a
maximum stray current of less than 0.05 ampere through a 1-ohm resistor
as measured at the blast site.

Sec. 57.6403 Branch circuits.

Sec. 57.6404 Separation of blasting circuits from power source.

Sec. 57.6405 Firing devices.

Sec. 57.6406 Duration of current flow.

[[Page 388]]

Sec. 57.6407 Circuit testing.

A blasting galvanometer or other instrument designed for testing
blasting circuits shall be used to test the following:
(a) In surface operations--
(1) Continuity of each electric detonator in the blasthole prior to
stemming and connection to the blasting line;
(2) Resistance of individual series or the resistance of multiple
balanced series to be connected in parallel prior to their connection to
the blasting line;
(3) Continuity of blasting lines prior to the connection of electric
or electronic detonator series; and
(4) Total blasting circuit resistance prior to connection to the
power source.
(b) In underground operations--
(1) Continuity of each electric detonator series; and
(2) Continuity of blasting lines prior to the connection of electric
or electronic detonators.

[61 FR 36801, July 12, 1996, as amended at 85 FR 2027, Jan. 14, 2020]

Nonelectric Blasting--Surface and Underground

Sec. 57.6500 Damaged initiating material.

Sec. 57.6501 Nonelectric initiation systems.

(a) When the nonelectric initiation system uses shock tube--
(1) Connections with other initiation devices shall be secured in a
manner which provides for uninterrupted propagation;
(2) Factory-made units shall be used as assembled and shall not be
cut except that a single splice is permitted on the lead-in trunkline
during dry conditions; and
(3) Connections between blastholes shall not be made until
immediately prior to clearing the blast site when surface delay
detonators are used.
(b) When the nonelectric initiation system uses detonating cord--
(1) The line of detonating cord extending out of a blasthole shall
be cut from the supply spool immediately after the attached explosive is
correctly positioned in the hole;
(2) In multiple row blasts, the trunkline layout shall be designed
so that the detonation can reach each blasthole from at least two
directions;
(3) Connections shall be tight and kept at right angles to the
trunkline;
(4) Detonators shall be attached securely to the side of the
detonating cord and pointed in the direction in which detonation is to
proceed;
(5) Connections between blastholes shall not be made until
immediately prior to clearing the blast site when surface delay
detonators are used; and
(6) Lead-in lines shall be manually unreeled if connected to the
trunklines at the blast site.
(c) When nonelectric initiation systems use gas tube, continuity of
the circuit shall be tested prior to blasting.

Sec. 57.6502 Safety fuse.

(c) Where flyrock might damage exposed safety fuse, the blast shall
be timed so that all safety fuses are burning within the blastholes
before any blasthole detonates.

[[Page 389]]

(d) Fuse shall be cut and capped in dry locations.
(e) Blasting caps shall be crimped to fuse only with implements
designed for that purpose.
(f) Safety fuse shall be ignited only after the primer and the
explosive material are securely in place.
(g) Safety fuse shall be ignited only with devices designed for that
purpose. Carbide lights, liquefied petroleum gas torches, and cigarette
lighters shall not be used to light safety fuse.
(h) At least two persons shall be present when lighting safety fuse,
and no one shall light more than 15 individual fuses. If more than 15
holes per person are to be fired, electric initiation systems, igniter
cord and connectors, or other nonelectric initiation systems shall be
used.

Extraneous Electricity--Surface and Underground

Sec. 57.6600 Loading practices.

Sec. 57.6601 Grounding.

Electric blasting circuits, including powerline sources when used,
shall not be grounded.

Sec. 57.6602 Static electricity dissipation during loading.

Sec. 57.6603 Air gap.

At least a 15-foot air gap shall be provided between the blasting
circuit and the electric power source.

Sec. 57.6604 Precautions during storms.

During the approach and progress of an electrical storm--
(a) Surface blasting operations shall be suspended and persons
withdrawn from the blast area or to a safe location; or
(b) Underground electronic or electrical blasting operations that
are capable of being initiated by lightning shall be suspended and all
persons withdrawn from the blast area or to a safe location.

[61 FR 36801, July 12, 1996, as amended at 85 FR 2027, Jan. 14, 2020]

Sec. 57.6605 Isolation of blasting circuits.

Equipment/Tools--Surface and Underground

Sec. 57.6700 Nonsparking tools.

Only nonsparking tools shall be used to open containers of explosive
material or to punch holes in explosive cartridges.

Sec. 57.6701 Tamping and loading pole requirements.

Tamping and loading poles shall be of wood or other nonconductive,
nonsparking material. Couplings for poles shall be nonsparking.

[[Page 390]]

Maintenance--Surface and Underground

Sec. 57.6800 Storage facilities.

Sec. 57.6801 Vehicle repair.

Vehicles containing explosive material and oxidizers shall not be
taken into a repair garage or shop.

Sec. 57.6802 Bulk delivery vehicles.

Sec. 57.6803 Blasting lines.

Permanent blasting lines shall be properly supported. All blasting
lines shall be insulated and kept in good repair.

General Requirements--Surface and Underground

Sec. 57.6900 Damaged or deteriorated explosive material.

Damaged or deteriorated explosive material shall be disposed of in a
safe manner in accordance with the instructions of the manufacturer.

Sec. 57.6901 Black powder.

Sec. 57.6902 Excessive temperatures.

[[Page 391]]

Sec. 57.6903 Burning explosive material.

Sec. 57.6904 Smoking and open flames.

Sec. 57.6905 Protection of explosive material.

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

General Requirements--Underground Only

Sec. 57.6960 Mixing of explosive material.

(a) The mixing of ingredients to produce explosive material shall
not be conducted underground unless prior approval of the MSHA district
manager is obtained. In granting or withholding approval, the district
manager shall consider the potential hazards created by--
(1) The location of the stored material and the storage practices
used;
(2) The transportation and use of the explosive material;
(3) The nature of the explosive material, including its sensitivity;
(4) Any other factor deemed relevant to the safety of miners
potentially exposed to the hazards associated with the mixing of the
bulk explosive material underground.
(b) Storage facilities for the ingredients to be mixed shall provide
drainage away from the facilities for leaks and spills.

Subpart F_Drilling and Rotary Jet Piercing

Drilling--Surface Only

Sec. 57.7002 Equipment defects.

Equipment defects affecting safety shall be corrected before the
equipment is used.

Sec. 57.7003 Drill area inspection.

The drilling area shall be inspected for hazards before starting the
drilling operations.

Sec. 57.7004 Drill mast.

Persons shall not be on a mast while the drill-bit is in operation
unless they are provided with a safe platform from which to work and
they are required to use safety belts to avoid falling.

Sec. 57.7005 Augers and drill stems.

Drill crews and others shall stay clear of augers or drill stems
that are in motion. Persons shall not pass under or step over a moving
stem or auger.

Sec. 57.7008 Moving the drill.

When a drill is being moved from one drilling area to another, drill
steel, tools, and other equipment shall be secured and the mast placed
in a safe position.

Sec. 57.7009 Drill helpers.

If a drill helper assists the drill operator during movement of a
drill to a new location, the helper shall be in sight of, or in
communication with, the operator at all times.

Sec. 57.7010 Power failures.

In the event of power failure, drill controls shall be placed in the
neutral position until power is restored.

Sec. 57.7011 Straightening crossed cables.

The drill stem shall be resting on the bottom of the hole or on the
platform with the stem secured to the mast before attempts are made to
straighten a crossed cable on a reel.

Sec. 57.7012 Tending drills in operation.

While in operation, drills shall be attended at all times.

[[Page 392]]

Sec. 57.7013 Covering or guarding drill holes.

Drill holes large enough to constitute a hazard shall be covered or
guarded.

Sec. 57.7018 Hand clearance.

Persons shall not hold the drill steel while collaring holes, or
rest their hands on the chuck or centralizer while drilling.

Drilling--Underground Only

Sec. 57.7028 Hand clearance.

Persons shall not rest their hands on the chuck or centralizer while
drilling.

Sec. 57.7032 Anchoring.

Columns and the drills mounted on them shall be anchored firmly
before and during drilling.

Drilling--Surface and Underground

Sec. 57.7050 Tool and drill steel racks.

Receptacles or racks shall be provided for drill steel and tools
stored or carried on drills.

Sec. 57.7051 Loose objects on the mast or drill platform.

To prevent injury to personnel, tools and other objects shall not be
left loose on the mast or drill platform.

Sec. 57.7052 Drilling positions.

Persons shall not drill from--
(a) Positions which hinder their access to the control levers;
(b) Insecure footing or insecure staging; or
(c) Atop equipment not suitable for drilling.

Sec. 57.7053 Moving hand-held drills.

Before hand-held drills are moved from one working area to another,
air shall be turned off and bled from the hose.

Sec. 57.7054 Starting or moving drill equipment.

Drill operators shall not start or move drilling equipment unless
all miners are in the clear.

Sec. 57.7055 Intersecting holes.

Holes shall not be drilled where there is a danger of intersecting a
misfired hole or a hole containing explosives, blasting agents, or
detonators.

[56 FR 46517, Sept. 12, 1991; 56 FR 52193, Oct. 18, 1991]

Sec. 57.7056 Collaring in bootlegs.

Holes shall not be collared in bootlegs.

[56 FR 46517, Sept. 12, 1991]

Rotary Jet Piercing--Surface Only

Sec. 57.7801 Jet drills.

Jet piercing drills shall be provided with:
(a) A system to pressurize the equipment operator's cab, when a cab
is provided; and
(b) A protective cover over the oxygen flow indicator.

Sec. 57.7802 Oxygen hose lines.

Safety chains or other suitable locking devices shall be provided
across connections to and between high pressure oxygen hose lines of 1-
inch inside diameter or larger.

Sec. 57.7803 Lighting the burner.

A suitable means of protection shall be provided for the employee
when lighting the burner.

Sec. 57.7804 Refueling.

When rotary jet piercing equipment requires refueling at locations
other than fueling stations, a system for fueling without spillage shall
be provided.

Sec. 57.7805 Smoking and open flames.

Persons shall not smoke and open flames shall not be used in the
vicinity of the oxygen storage and supply lines. Signs warning against
smoking and open flames shall be posted in these areas.

Sec. 57.7806 Oxygen intake coupling.

The oxygen intake coupling on jet piercing drills shall be
constructed so that only the oxygen hose can be coupled to it.

Sec. 57.7807 Flushing the combustion chamber.

The combustion chamber of a jet drill stem which has been sitting

[[Page 393]]

unoperated in a drill hole shall be flushed with a suitable solvent
after the stem is pulled up.

Subpart G_Ventilation

Surface and Underground

Sec. 57.8518 Main and booster fans.

(a) All mine main and booster fans installed and used to ventilate
the active workings of the mine shall be operated continuously while
persons are underground in the active workings. However, this provision
is not applicable during scheduled production-cycle shutdowns or planned
or scheduled fan maintenance or fan adjustments where air quality is
maintained in compliance with the applicable standards of subpart D of
this part and all persons underground in the affected areas are advised
in advance of such scheduled or planned fan shutdowns, maintenance, or
adjustments.
(b) In the event of main or booster fan failure due to a
malfunction, accident, power failure, or other such unplanned or
unscheduled event:
(1) The air quality in the affected active workings shall be tested
at least within 2-hours of the discovery of the fan failure, and at
least every 4-hours thereafter by a competent person for compliance with
the requirements of the applicable standards of subpart D of this part
until normal ventilation is restored, or
(2) All persons, except those working on the fan, shall be
withdrawn, the ventilation shall be restored to normal and the air
quality in the affected active workings shall be tested by a competent
person to assure that the air quality meets the requirements of the
standards in subpart D of this part, before any other persons are
permitted to enter the affected active workings.

Sec. 57.8519 Underground main fan controls.

All underground main fans shall have controls placed at a suitable
protected location remote from the fan and preferably on the surface.

Underground Only

Sec. 57.8520 Ventilation plan.

A plan of the mine ventilation system shall be set out by the
operator in written form. Revisions of the system shall be noted and
updated at least annually. The ventilation plan or revisions thereto
shall be submitted to the District Manager for review and comments upon
his written request. The plan shall, where applicable, contain the
following:
(a) The mine name.
(b) The current mine map or schematic or series of mine maps or
schematics of an appropriate scale, not greater than five hundred feet
to the inch, showing:
(1) Direction and quantity of principal air flows;
(2) Locations of seals used to isolate abandoned workings;
(3) Locations of areas withdrawn from the ventilation system;
(4) Locations of all main, booster and auxiliary fans not shown in
paragraph (d) of this standard.
(5) Locations of air regulators and stoppings and ventilation doors
not shown in paragraph (d) of this standard;
(6) Locations of overcasts, undercasts and other airway crossover
devices not shown in paragraph (d) of this standard;
(7) Locations of known oil or gas wells;
(8) Locations of known underground mine openings adjacent to the
mine;
(9) Locations of permanent underground shops, diesel fuel storage
depots, oil fuel storage depots, hoist rooms, compressors, battery
charging stations and explosive storage facilities. Permanent facilities
are those intended to exist for one year or more; and
(10) Significant changes in the ventilation system projected for one
year.
(c) Mine fan data for all active main and booster fans including
manufacturer's name, type, size, fan speed, blade setting, approximate
pressure at present operating point, and motor brake horsepower rating.
(d) Diagrams, descriptions or sketches showing how ventilation is
accomplished in each typical type of

[[Page 394]]

working place including the approximate quantity of air provided, and
typical size and type of auxiliary fans used.
(e) The number and type of internal combustion engine units used
underground, including make and model of unit, type of engine, make and
model of engine, brake horsepower rating of engine, and approval number.

[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995]

Sec. 57.8525 Main fan maintenance.

Main fans shall be maintained according to either the manufacturer's
recommendations or a written periodic schedule adopted by the operator
which shall be available at the operation on request of the Secretary or
his authorized representative.

[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995]

Sec. 57.8527 Oxygen-deficiency testing.

Flame safety lamps or other suitable devices shall be used to test
for acute oxygen deficiency.

Sec. 57.8528 Unventilated areas.

Unventilated areas shall be sealed, or barricaded and posted against
entry.

Sec. 57.8529 Auxiliary fan systems.

When auxiliary fan systems are used, such systems shall minimize
recirculation and be maintained to provide ventilation air that
effectively sweeps the working places.

Sec. 57.8531 Construction and maintenance of ventilation doors.

Ventilation doors shall be--
(a) Substantially constructed;
(b) Covered with fire-retardant material, if constructed of wood;
(c) Maintained in good condition;
(d) Self-closing, if manually operated; and
(e) Equipped with audible or visual warning devices, if mechanically
operated.

Sec. 57.8532 Opening and closing ventilation doors.

When ventilation control doors are opened as a part of the normal
mining cycle, they shall be closed as soon as possible to re-establish
normal ventilation to working places.

Sec. 57.8534 Shutdown or failure of auxiliary fans.

(a) Auxiliary fans installed and used to ventilate the active
workings of the mine shall be operated continuously while persons are
underground in the active workings, except for scheduled production-
cycle shutdowns or planned or scheduled fan maintenance or fan
adjustments where air quality is maintained in compliance with the
applicable standards of subpart D of this part, and all persons
underground in the affected areas are advised in advance of such
scheduled or planned fan shutdowns, maintenance, or adjustments.
(b) In the event of auxiliary fan failure due to malfunction,
accident, power failure, or other such unplanned or unscheduled event:
(1) The air quality in the affected active workings shall be tested
at least within 2 hours of the discovery of the fan failure, and at
least every 4 hours thereafter by a competent person for compliance with
the requirements of the applicable standards of subpart D of this part
until normal ventilation is restored, or
(2) All persons, except those working on the fan, shall be
withdrawn, the ventilation shall be restored to normal and the air
quality in the affected active workings shall be tested by a competent
person to assure that the air quality meets the requirements of the
standards in subpart D of this part, before any other persons are
permitted to enter the affected active workings.

Sec. 57.8535 Seals.

Seals shall be provided with a means for checking the quality of air
behind the seal and a means to prevent a water head from developing
unless the seal is designed to impound water.

Subpart H_Loading, Hauling, and Dumping

Source: 53 FR 32526, Aug. 25, 1988, unless otherwise noted.

[[Page 395]]

Traffic Safety

Sec. 57.9100 Traffic control.

Sec. 57.9101 Operating speeds and control of equipment.

Sec. 57.9102 Movement of independently operating rail equipment.

Movement of two or more pieces of rail equipment operating
independently on the same track shall be controlled for safe operation.

Sec. 57.9103 Clearance on adjacent tracks.

Railcars shall not be left on side tracks unless clearance is
provided for traffic on adjacent tracks.

Sec. 57.9104 Railroad crossings.

Designated railroad crossings shall be posted with warning signs or
signals, or shall be guarded when trains are passing. These crossings
shall also be planked or filled between the rails.

Sec. 57.9160 Train movement during shift changes.

During shift changes, the movement of underground trains carrying
rock or material shall be limited to areas where the trains do not
present a hazard to persons changing shifts.

Transportation of Persons and Materials

Sec. 57.9200 Transporting persons.

Persons shall not be transported--
(a) In or on dippers, forks, clamshells, or buckets except shaft
buckets during shaft-sinking operations or during inspection,
maintenance and repair of shafts.
(b) In beds of mobile equipment or railcars, unless--
(1) Provisions are made for secure travel, and
(2) Means are taken to prevent accidental unloading if the equipment
is provided with unloading devices;
(c) On top of loads in mobile equipment;
(d) Outside cabs, equipment operators' stations, and beds of mobile
equipment, except when necessary for maintenance, testing, or training
purposes, and provisions are made for secure travel. This provision does
not apply to rail equipment.
(e) Between cars of trains, on the leading end of trains, on the
leading end of a single railcar, or in other locations on trains that
expose persons to hazards from train movement.
(1) This paragraph does not apply to car droppers if they are
secured with safety belts and lines which prevent them from falling off
the work platform.
(2) Brakemen and trainmen are prohibited from riding between cars of
moving trains but may ride on the leading end of trains or other
locations when necessary to perform their duties;
(f) To and from work areas in overcrowded mobile equipment;
(g) In mobile equipment with materials or equipment unless the items
are secured or are small and can be carried safely by hand without
creating a hazard to persons; or
(h) On conveyors unless the conveyors are designed to provide for
their safe transportation.

Sec. 57.9201 Loading, hauling, and unloading of equipment or supplies.

Equipment and supplies shall be loaded, transported, and unloaded in
a manner which does not create a hazard to persons from falling or
shifting equipment or supplies.

Sec. 57.9202 Loading and hauling large rocks.

Large rocks shall be broken before loading if they could endanger
persons

[[Page 396]]

or affect the stability of mobile equipment. Mobile equipment used for
haulage of mined material shall be loaded to minimize spillage where a
hazard to persons could be created.

Sec. 57.9260 Supplies, materials, and tools on mantrips.

Supplies, materials, and tools, other than small items that can be
carried by hand, shall not be transported underground with persons in
mantrips. Mantrips shall be operated independently of ore or supply
trips.

Sec. 57.9261 Transporting tools and materials on locomotives.

Tools or materials shall not be carried on top of locomotives
underground except for secured rerailing devices located in a manner
which does not create a hazard to persons.

Safety Devices, Provisions, and Procedures for Roadways, Railroads, and
Loading and Dumping Sites

Sec. 57.9300 Berms or guardrails.

(a) Berms or guardrails shall be provided and maintained on the
banks of roadways where a drop-off exists of sufficient grade or depth
to cause a vehicle to overturn or endanger persons in equipment.
(b) Berms or guardrails shall be at least mid-axle height of the
largest self-propelled mobile equipment which usually travels the
roadway.
(c) Berms may have openings to the extent necessary for roadway
drainage.
(d) Where elevated roadways are infrequently traveled and used only
by service or maintenance vehicles, berms or guardrails are not required
when all of the following are met:
(1) Locked gates are installed at the entrance points to the
roadway.
(2) Signs are posted warning that the roadway is not bermed.
(3) Delineators are installed along the perimeter of the elevated
roadway so that, for both directions of travel, the reflective surfaces
of at least three delineators along each elevated shoulder are always
visible to the driver and spaced at intervals sufficient to indicate the
edges and attitude of the roadway.
(4) A maximum speed limit is posted and observed for the elevated
unbermed portions of the roadway. Factors to consider when establishing
the maximum speed limit shall include the width, slope and alignment of
the road, the type of equipment using the road, the road material, and
any hazardous conditions which may exist.
(5) Road surface traction is not impaired by weather conditions,
such as sleet and snow, unless corrective measures, such as the use of
tire chains, plowing, or sanding, are taken to improve traction.
(e) This standard is not applicable to rail beds.

[53 FR 32526, Aug. 25, 1988, as amended at 55 FR 37218, Sept. 7, 1990]

Sec. 57.9301 Dump site restraints.

Berms, bumper blocks, safety hooks, or similar impeding devices
shall be provided at dumping locations where there is a hazard of
overtravel or overturning.

Sec. 57.9302 Protection against moving or runaway railroad equipment.

Stopblocks, derail devices, or other devices that protect against
moving or runaway rail equipment shall be installed wherever necessary
to protect persons.

Sec. 57.9303 Construction of ramps and dumping facilities.

Sec. 57.9304 Unstable ground.

[[Page 397]]

Sec. 57.9305 Truck spotters.

Sec. 57.9306 Warning devices for restricted clearances.

Where restricted clearance creates a hazard to persons on mobile
equipment, warning devices shall be installed in advance of the
restricted area and the restricted area shall be conspicuously marked.

Sec. 57.9307 Design, installation, and maintenance of railroads.

Roadbeds and all elements of the railroad tracks shall be designed,
installed, and maintained to provide safe operation consistent with the
speed and type of haulage used.

Sec. 57.9308 Switch throws.

Switch throws shall be installed to provide clearance to protect
switchmen from contact with moving trains.

Sec. 57.9309 Chute design.

Chute-loading installations shall be designed to provide a safe
location for persons pulling chutes.

Sec. 57.9310 Chute hazards.

Sec. 57.9311 Anchoring stationary sizing devices.

Grizzlies and other stationary sizing devices shall be securely
anchored.

Sec. 57.9312 Working around drawholes.

Unless platforms or safety lines are used, persons shall not
position themselves over drawholes if there is danger that broken rock
or material may be withdrawn or bridged.

Sec. 57.9313 Roadway maintenance.

Water, debris, or spilled material on roadways which creates hazards
to the operation of mobile equipment shall be removed.

Sec. 57.9314 Trimming stockpile and muckpile faces.

Stockpile and muckpile faces shall be trimmed to prevent hazards to
persons.

Sec. 57.9315 Dust control.

Dust shall be controlled at muck piles, material transfer points,
crushers, and on haulage roads where hazards to persons would be created
as a result of impaired visibility.

Sec. 57.9316 Notifying the equipment operator.

When an operator of self-propelled mobile equipment is present,
persons shall notify the equipment operator before getting on or off
that equipment.

Sec. 57.9317 Suspended loads.

Persons shall not work or pass under the buckets or booms of loaders
in operation.

Sec. 57.9318 Getting on or off moving equipment.

Sec. 57.9319 Going over, under, or between railcars.

Persons shall not go over, under, or between railcars unless--
(a) The train is stopped; and

[[Page 398]]

(b) The train operator, when present, is notified and the notice
acknowledged.

Sec. 57.9330 Clearance for surface equipment.

Sec. 57.9360 Shelter holes.

(a) Shelter holes shall be--
(1) Provided at intervals adequate to assure the safety of persons
along underground haulageways where continuous clearance of at least 30
inches cannot be maintained from the farthest projection of moving
equipment on at least one side of the haulageway; and
(2) At least four feet wide, marked conspicuously, and provide a
minimum 40-inch clearance from the farthest projection of moving
equipment.
(b) Shelter holes shall not be used for storage unless a 40-inch
clearance is maintained.

Sec. 57.9361 Drawholes.

To prevent hazards to persons underground, collars of open drawholes
shall be free of muck or materials except during transfer of the muck or
material through the drawhole.

Sec. 57.9362 Protection of signalmen.

Signalmen used during slushing operations underground shall be
located away from possible contact with cables, sheaves, and slusher
buckets.

Subpart I_Aerial Tramways

Sec. 57.10001 Filling buckets.

Buckets shall not be overloaded, and feed shall be regulated to
prevent spillage.

Sec. 57.10002 Inspection and maintenance.

Sec. 57.10003 Correction of defects.

Any hazardous defects shall be corrected before the equipment is
used.

Sec. 57.10004 Brakes.

Positive-action-type brakes and devices which apply the brakes
automatically in the event of a power failure shall be provided on
aerial tramways.

Sec. 57.10005 Track cable connections.

Track cable connections shall not obstruct the passage of carriage
wheels.

Sec. 57.10006 Tower guards.

Towers shall be suitably protected from swaying buckets.

Sec. 57.10007 Falling object protection.

Guard nets or other suitable protection shall be provided where
tramways pass over roadways, walkways, or buildings.

Sec. 57.10008 Riding tramways.

Persons other than maintenance persons shall not ride aerial
tramways unless the following features are provided.
(a) Two independent brakes, each capable of holding the maximum
load;
(b) Direct communication between terminals;
(c) Power drives with emergency power available in case of primary
power failure; and
(d) Buckets equipped with positive locks to prevent accidental
tripping or dumping.

Sec. 57.10009 Riding loaded buckets.

Persons shall not ride loaded buckets.

Sec. 57.10010 Starting precautions.

Where possible, aerial tramways shall not be started until the
operator has ascertained that everyone is in the clear.

[[Page 399]]

Subpart J_Travelways and Escapeways

Travelways--Surface and Underground

Sec. 57.11001 Safe access.

Safe means of access shall be provided and maintained to all working
places.

Sec. 57.11002 Handrails and toeboards.

Crossovers, elevated walkways, elevated ramps, and stairways shall
be of substantial construction, provided with handrails, and maintained
in good condition. Where necessary, toeboards shall be provided.

Sec. 57.11003 Construction and maintenance of ladders.

Ladders shall be of substantial construction and maintained in good
condition.

Sec. 57.11004 Portable rigid ladders.

Portable rigid ladders shall be provided with suitable bases and
placed securely when used.

Sec. 57.11005 Fixed ladder anchorage and toe clearance.

Fixed ladders shall be anchored securely and installed to provide at
least 3 inches of toe clearance.

Sec. 57.11006 Fixed ladder landings.

Fixed ladders shall project at least 3 feet above landings, or
substantial handholds shall be provided above the landings.

Sec. 57.11007 Wooden components of ladders.

Wooden components of ladders shall not be painted except with a
transparent finish.

Sec. 57.11008 Restricted clearance.

Where restricted clearance creates a hazard to persons, the
restricted clearance shall be conspicuously marked.

[53 FR 32528, Aug. 25, 1988]

Sec. 57.11009 Walkways along conveyors.

Walkways with outboard railings shall be provided wherever persons
are required to walk alongside elevated conveyor belts. Inclined railed
walkways shall be nonskid or provided with cleats.

Sec. 57.11010 Stairstep clearance.

Vertical clearance above stair steps shall be a minimum of seven
feet, or suitable warning signs or similar devices shall be provided to
indicate an impaired clearance.

Sec. 57.11011 Use of ladders.

Persons using ladders shall face the ladders and have both hands
free for climbing and descending.

Sec. 57.11012 Protection for openings around travelways.

Sec. 57.11013 Conveyor crossovers.

Crossovers shall be provided where it is necessary to cross
conveyors.

Sec. 57.11014 Crossing moving conveyors.

Moving conveyors shall be crossed only at designated crossover
points.

Sec. 57.11016 Snow and ice on walkways and travelways.

Regularly used walkways and travelways shall be sanded, salted, or
cleared of snow and ice as soon as practicable.

Sec. 57.11017 Inclined fixed ladders.

Fixed ladders shall not incline backwards.

Travelways--Surface Only

Sec. 57.11025 Railed landings, backguards, and other protection
for fixed ladders.

Fixed ladders, except on mobile equipment, shall be offset and have
substantial railed landings at least every 30 feet unless backguards or
equivalent protection such as safety belts and safety lines, are
provided.

[[Page 400]]

Sec. 57.11026 Protection for inclined fixed ladders.

Sec. 57.11027 Scaffolds and working platforms.

Scaffolds and working platforms shall be of substantial construction
and provided with handrails and maintained in good condition.
Floorboards shall be laid properly and the scaffolds and working
platform shall not be overloaded. Working platforms shall be provided
with toeboards when necessary.

Travelways--Underground Only

Sec. 57.11036 Ladderway trap doors and guards.

Trap doors or adequate guarding shall be provided in ladderways at
each level. Doors shall be kept operable.

Sec. 57.11037 Ladderway openings.

Ladderways constructed after November 15, 1979, shall have a minimum
unobstructed cross-sectional opening of 24 inches by 24 inches measured
from the face of the ladder.

Sec. 57.11038 Entering a manway.

Before entering a manway where persons may be working or traveling,
a warning shall be given by the person entering the manway and
acknowledged by any person present in the manway.

Sec. 57.11040 Inclined travelways.

Travelways steeper than 35 degrees from the horizontal shall be
provided with ladders or stairways.

Sec. 57.11041 Landings for inclined ladderways.

Fixed ladders with an inclination of more than 70 degrees from the
horizontal shall be offset with substantial landings at least every 30
feet or have landing gates at least every 30 feet.

Escapeways--Underground Only

Sec. 57.11050 Escapeways and refuges.

(a) Every mine shall have two or more separate, properly maintained
escapeways to the surface from the lowest levels which are so positioned
that damage to one shall not lessen the effectiveness of the others. A
method of refuge shall be provided while a second opening to the surface
is being developed. A second escapeway is recommended, but not required,
during the exploration or development of an ore body.
(b) In addition to separate escapeways, a method of refuge shall be
provided for every employee who cannot reach the surface from his
working place through at least two separate escapeways within a time
limit of one hour when using the normal exit method. These refuges must
be positioned so that the employee can reach one of them within 30
minutes from the time he leaves his workplace.

Sec. 57.11051 Escape routes.

Escape routes shall be--
(a) Inspected at regular intervals and maintained in safe,
travelable condition; and
(b) Marked with conspicuous and easily read direction signs that
clearly indicate the ways of escape.

Sec. 57.11052 Refuge areas.

Refuge areas shall be--
(a) Of fire-resistant construction, preferably in untimbered areas
of the mine;
(b) Large enough to accommodate readily the normal number of persons
in the particular area of the mine;
(c) Constructed so they can be made gastight; and
(d) Provided with compressed air lines, waterlines, suitable
handtools, and stopping materials.

Sec. 57.11053 Escape and evacuation plans.

A specific escape and evacuation plan and revisions thereof suitable
to the conditions and mining system of the mine and showing assigned
responsibilities of all key personnel in the event of an emergency shall
be developed by the operator and set out in written

[[Page 401]]

form. Within 45 calendar days after promulgation of this standard a copy
of the plan and revisions thereof shall be available to the Secretary or
his authorized representative. Also, copies of the plan and revisions
thereof shall be posted at locations convenient to all persons on the
surface and underground. Such a plan shall be updated as necessary and
shall be reviewed jointly by the operator and the Secretary or his
authorized representative at least once every six months from the date
of the last review. The plan shall include:
(a) Mine maps or diagrams showing directions of principal air flow,
location of escape routes and locations of existing telephones, primary
fans, primary fan controls, fire doors, ventilation doors, and refuge
chambers. Appropriate portions of such maps or diagrams shall be posted
at all shaft stations and in underground shops, lunchrooms, and
elsewhere in working areas where persons congregate;
(b) Procedures to show how the miners will be notified of emergency;
(c) An escape plan for each working area in the mine to include
instructions showing how each working area should be evacuated. Each
such plan shall be posted at appropriate shaft stations and elsewhere in
working areas where persons congregate;
(d) A fire fighting plan;
(e) Surface procedure to follow in an emergency, including the
notification of proper authorities, preparing rescue equipment, and
other equipment which may be used in rescue and recovery operations; and
(f) A statement of the availability of emergency communication and
transportation facilities, emergency power and ventilation and location
of rescue personnel and equipment.

[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33722, June 29, 1995]

Sec. 57.11054 Communication with refuge chambers.

Telephone or other voice communication shall be provided between the
surface and refuge chambers and such systems shall be independent of the
mine power supply.

Sec. 57.11055 Inclined escapeways.

Any portion of a designated escapeway which is inclined more than 30
degrees from the horizontal and that is more than 300 feet in vertical
extent shall be provided with an emergency hoisting facility.

Sec. 57.11056 Emergency hoists.

The procedure for inspection, testing and maintenance required by
standard 57.19120 shall be utilized at least every 30 days for hoists
designated as emergency hoists in any evacuation plan.

Sec. 57.11058 Check-in, check-out system.

Each operator of an underground mine shall establish a check-in and
check-out system which shall provide an accurate record of persons in
the mine. These records shall be kept on the surface in a place chosen
to minimize the danger of destruction by fire or other hazards. Every
person underground shall carry a positive means of being identified.

Sec. 57.11059 Respirable atmosphere for hoist operators underground.

For the protection of operators of hoists located underground which
are part of the mine escape and evacuation plan required under standard
57.11053, the hoist operator shall be provided with a respirable
atmosphere completely independent of the mine atmosphere. This
independent ventilation system shall convert, without contamination, to
an approved and properly maintained 2-hour self-contained breathing
apparatus to provide a safe means of escape for the hoist operator after
the hoisting duties have been completed as prescribed in the mine escape
and evacuation plan for that hoist. The hoist operator's independent
ventilation system shall be provided by one of the following methods:
(a) A suitable enclosure equipped with a positive pressure
ventilation system which may be operated continuously or be capable of
immediate activation from within the enclosure during an emergency
evacuation. Air for the enclosure's ventilation system shall be provided
in one of the following ways:

[[Page 402]]

(1) Air coursed from the surface through a borehole into the hoist
enclosure directly or through a metal pipeline from such borehole; or
(2) Air coursed from the surface through metal duct work into the
hoist enclosure, although this duct work shall not be located in timber-
supported active workings; or
(3) Air supplied by air compressors located on the surface and
coursed through metal pipe into the hoist enclosure.
A back-up system shall be provided for a hoist enclosure ventilation
system provided by either of the methods set forth in paragraphs (a) (2)
and (3) of this section. This back-up system shall consist of compressed
air stored in containers connected to the enclosure. This back-up system
shall provide and maintain a respirable atmosphere in the enclosure for
a period of time equal to at least twice the time necessary to complete
the evacuation of all persons designated to use that hoist as prescribed
in the mine escape and evacuation plan required under standard 57.11053;
or
(b) An approved and properly maintained self-contained breathing
apparatus system which shall consist of a mask connected to compressed
air stored in containers adjacent to the hoist controls. The self-
contained breathing system shall provide a minimum of 24 hours of
respirable atmosphere to the hoist operator. In addition, the self-
contained breathing system shall be capable of a quick connect with the
approved 2-hour self-contained breathing apparatus above.

Subpart K_Electricity

Surface and Underground

Sec. 57.12001 Circuit overload protection.

Circuits shall be protected against excessive overloads by fuses or
circuit breakers of the correct type and capacity.

Sec. 57.12002 Controls and switches.

Electric equipment and circuits shall be provided with switches or
other controls. Such switches or controls shall be of approved design
and construction and shall be properly installed.

Sec. 57.12003 Trailing cable overload protection.

Individual overload protection or short circuit protection shall be
provided for the trailing cables of mobile equipment.

Sec. 57.12004 Electrical conductors.

Sec. 57.12005 Protection of power conductors from mobile equipment.

Mobile equipment shall not run over power conductors, nor shall
loads be dragged over power conductors, unless the conductors are
properly bridged or protected.

Sec. 57.12006 Distribution boxes.

Distribution boxes shall be provided with a disconnecting device for
each branch circuit. Such disconnecting devices shall be equipped or
designed in such a manner that it can be determined by visual
observation when such a device is open and that the circuit is
deenergized, and the distribution box shall be labeled to show which
circuit each device controls.

Sec. 57.12007 Junction box connection procedures.

Trailing cable and power-cable connections to junction boxes shall
not be made or broken under load.

Sec. 57.12008 Insulation and fittings for power wires and cables.

Sec. 57.12010 Isolation or insulation of communication conductors.

Telephone and low-potential signal wire shall be protected, by
isolation or

[[Page 403]]

suitable insulation, or both, from contacting energized power conductors
or any other power source.

Sec. 57.12011 High-potential electrical conductors.

High-potential electrical conductors shall be covered, insulated, or
placed to prevent contact with low potential conductors.

Sec. 57.12012 Bare signal wires.

The potential on bare signal wires accessible to contact by persons
shall not exceed 48 volts.

Sec. 57.12013 Splices and repairs of power cables.

Permanent splices and repairs made in power cables, including the
ground conductor where provided, shall be--
(a) Mechanically strong with electrical conductivity as near as
possible to that of the original;
(b) Insulated to a degree at least equal to that of the original,
and sealed to exclude moisture; and,
(c) Provided with damage protection as near as possible to that of
the original, including good bonding to the outer jacket.

Sec. 57.12014 Handling energized power cables.

Power cables energized to potentials in excess of 150 volts, phase-
to-ground, shall not be moved with equipment unless sleds or slings,
insulated from such equipment, are used. When such energized cables are
moved manually, insulated hooks, tongs, ropes, or slings shall be used
unless suitable protection for persons is provided by other means. This
does not prohibit pulling or dragging of cable by the equipment it
powers when the cable is physically attached to the equipment by
suitable mechanical devices, and the cable is insulated from the
equipment in conformance with other standards in this part.

Sec. 57.12016 Work on electrically-powered equipment.

Sec. 57.12017 Work on power circuits.

Power circuits shall be deenergized before work is done on such
circuits unless hot-line tools are used. Suitable warning signs shall be
posted by the individuals who are to do the work. Switches shall be
locked out or other measures taken which shall prevent the power
circuits from being energized without the knowledge of the individuals
working on them. Such locks, signs, or preventive devices shall be
removed only by the person who installed them or by authorized
personnel.

Sec. 57.12018 Identification of power switches.

Principal power switches shall be labeled to show which units they
control, unless identification can be made readily by location.

Sec. 57.12019 Access to stationary electrical equipment or switchgear.

Where access is necessary, suitable clearance shall be provided at
stationary electrical equipment or switchgear.

Sec. 57.12020 Protection of persons at switchgear.

Dry wooden platforms, insulating mats, or other electrically-
nonconductive material shall be kept in place at all switchboards and
power-control switches where shock hazards exist. However, metal plates
on which a person normally would stand and which are kept at the same
potential as the grounded, metal, non-current-carrying parts of the
power switches to be operated may be used.

Sec. 57.12021 Danger signs.

Suitable danger signs shall be posted at all major electrical
installations.

[[Page 404]]

Sec. 57.12022 Authorized persons at major electrical installations.

Areas containing major electrical installations shall be entered
only by authorized persons.

Sec. 57.12023 Guarding electrical connections and resistor grids.

Electrical connections and resistor grids that are difficult or
impractical to insulate shall be guarded, unless protection is provided
by location.

Sec. 57.12025 Grounding circuit enclosures.

All metal enclosing or encasing electrical circuits shall be
grounded or provided with equivalent protection. This requirement does
not apply to battery-operated equipment.

Sec. 57.12026 Grounding transformer and switchgear enclosures.

Metal fencing and metal buildings enclosing transformers and
switchgear shall be grounded.

Sec. 57.12027 Grounding mobile equipment.

Frame grounding or equivalent protection shall be provided for
mobile equipment powered through trailing cables.

Sec. 57.12028 Testing grounding systems.

Sec. 57.12030 Correction of dangerous conditions.

When a potentially dangerous condition is found it shall be
corrected before equipment or wiring is energized.

Sec. 57.12032 Inspection and cover plates.

Inspection and cover plates on electrical equipment and junction
boxes shall be kept in place at all times except during testing or
repairs.

Sec. 57.12033 Hand-held electric tools.

Hand-held electric tools shall not be operated at high potential
voltages.

Sec. 57.12034 Guarding around lights.

Portable extension lights, and other lights that by their location
present a shock or burn hazard, shall be guarded.

Sec. 57.12035 Weatherproof lamp sockets.

Lamp sockets shall be of a weatherproof type where they are exposed
to weather or wet conditions that may interfere with illumination or
create a shock hazard.

Sec. 57.12036 Fuse removal or replacement.

Sec. 57.12037 Fuses in high-potential circuits.

Fuse tongs or hotline tools, shall be used when fuses are removed or
replaced in high-potential circuits.

Sec. 57.12038 Attachment of trailing cables.

Trailing cables shall be attached to machines in a suitable manner
to protect the cable from damage and to prevent strain on the electrical
connections.

Sec. 57.12039 Protection of surplus trailing cables.

Surplus trailing cables to shovels, cranes and similar equipment
shall be--
(a) Stored in cable boats;
(b) Stored on reels mounted on the equipment; or
(c) Otherwise protected from mechanical damage.

Sec. 57.12040 Installation of operating controls.

Operating controls shall be installed so that they can be operated
without danger of contact with energized conductors.

[[Page 405]]

Sec. 57.12041 Design of switches and starting boxes.

Switches and starting boxes shall be of safe design and capacity.

Sec. 57.12042 Track bonding.

Sec. 57.12045 Overhead powerlines.

Overhead high-potential powerlines shall be installed as specified
by the National Electrical Code.

Sec. 57.12047 Guy wires.

Guy wires of poles supporting high-voltage transmission lines shall
meet the requirements for grounding or insulator protection of the
National Electrical Safety Code, part 2, entitled ``Safety Rules for the
Installation and Maintenance of Electric Supply and Communication
Lines'' (also referred to as National Bureau of Standards Handbook 81,
Nov. 1, 1961), and Supplement 2 thereof issued March 1968, which are
hereby incorporated by reference and made a part hereof. These
publications and documents may be obtained from the National Institute
of Science and Technology, 100 Bureau Drive, Stop 3460, Gaithersburg, MD
20899-3460. Telephone: 301-975-6478 (not a toll free number); http://
ts.nist.gov/nvl; or from the Government Printing Office, Information
Dissemination (Superintendent of Documents), P.O. Box 371954,
Pittsburgh, PA 15250-7954; Telephone: 866-512-1800 (toll free) or 202-
512-1800; http://bookstore.gpo.gov, or may be examined in any Metal and
Nonmetal Mine Safety and Health District Office of the Mine Safety and
Health Administration.

[53 FR 32526, Aug. 25, 1988, as amended at 60 FR 35695, July 11, 1995;
71 FR 16667, Apr. 3, 2006]

Sec. 57.12048 Communication conductors on power poles.

Sec. 57.12050 Installation of trolley wires.

Trolley wires shall be installed at least seven feet above rails
where height permits, and aligned and supported to suitably control sway
and sag.

Sec. 57.12053 Circuits powered from trolley wires.

Ground wires for lighting circuits powered from trolley wires shall
be connected securely to the ground return circuit.

Surface Only

Sec. 57.12065 Short circuit and lightning protection.

Powerlines, including trolley wires, and telephone circuits shall be
protected against short circuits and lightning.

Sec. 57.12066 Guarding trolley wires and bare powerlines.

Where metallic tools or equipment can come in contact with trolley
wires or bare powerlines, the lines shall be guarded or deenergized.

Sec. 57.12067 Installation of transformers.

Sec. 57.12068 Locking transformer enclosures.

Transformer enclosures shall be kept locked against unauthorized
entry.

Sec. 57.12069 Lightning protection for telephone wires
and ungrounded conductors.

Each ungrounded conductor or telephone wire that leads underground
and is directly exposed to lightning shall be equipped with suitable
lightning arrestors of approved type within 100 feet of the point where
the circuit enters the

[[Page 406]]

mine. Lightning arrestors shall be connected to a low resistance
grounding medium on the surface and shall be separated from neutral
grounds by a distance of not less than 25 feet.

Sec. 57.12071 Movement or operation of equipment near
high-voltage powerlines.

Underground Only

Sec. 57.12080 Bare conductor guards.

Trolley wires and bare power conductors shall be guarded at mantrip
loading and unloading points, and at shaft stations. Where such trolley
wires and bare power conductors are less than 7 feet above the rail,
they shall be guarded at all points where persons work or pass regularly
beneath.

Sec. 57.12081 Bonding metal pipelines to ground return circuits.

All metal pipelines, 1,000 feet or more in length running parallel
to trolley tracks, that are used as a ground return circuit shall be
bonded to the return circuit rail at the ends of the pipeline and at
intervals not to exceed 500 feet.

Sec. 57.12082 Isolation of powerlines.

Powerlines shall be well separated or insulated from waterlines,
telephone lines and air lines.

Sec. 57.12083 Support of power cables in shafts and boreholes.

Power cables in shafts and boreholes shall be fastened securely in
such a manner as to prevent undue strain on the sheath, insulation, or
conductors.

Sec. 57.12084 Branch circuit disconnecting devices.

Disconnecting switches that can be opened safely under load shall be
provided underground at all branch circuits extending from primary power
circuits near shafts, adits, levels and boreholes.

Sec. 57.12085 Transformer stations.

Transformer stations shall be enclosed to prevent persons from
unintentionally or inadvertently contacting energized parts.

Sec. 57.12086 Location of trolley wire.

Trolley and trolley feeder wire shall be installed opposite the
clearance side of haulageways. However, this standard does not apply
where physical limitations would prevent the safe installation or use of
such trolley and trolley feeder wire.

Sec. 57.12088 Splicing trailing cables.

No splice, except a vulcanized splice or its equivalent, shall be
made in a trailing cable within 25 feet of the machine unless the
machine is equipped with a cable reel or other power feed cable payout-
retrieval system. However, a temporary splice may be made to move the
equipment for repair.

Subpart L_Compressed Air and Boilers

Sec. 57.13001 General requirements for boilers and pressure vessels.

Sec. 57.13010 Reciprocating-type air compressors.

[[Page 407]]

Sec. 57.13011 Air receiver tanks.

Air receiver tanks shall be equipped with one or more automatic
pressure-relief valves. The total relieving capacity of the relief
valves shall prevent pressure from exceeding the maximum allowable
working pressure in a receiver tank by not more than 10 percent. Air
receiver tanks also shall be equipped with indicating pressure gages
which accurately measure the pressure within the air receiver tanks.

Sec. 57.13012 Compressor air intakes.

Compressor air intakes shall be installed to ensure that only clean,
uncontaminated air enters the compressors.

Sec. 57.13015 Inspection of compressed-air receivers and other
unfired pressure vessels.

(a) Compressed-air receivers and other unfired pressure vessels
shall be inspected by inspectors holding a valid National Board
Commission and in accordance with the applicable chapters of the
National Board Inspection Code, a Manual for Boiler and Pressure Vessel
Inspectors, 1979. This code is incorporated by reference and made a part
of this standard. It may be examined at any Metal and Nonmetal Mine
Safety and Health District Office of the Mine Safety and Health
Administration, and may be obtained from the publisher, the National
Board of Boiler and Pressure Vessel Inspectors, 1055 Crupper Avenue,
Columbus, Ohio 43229.
(b) Records of inspections shall be kept in accordance with
requirements of the National Board Inspection Code, and the records
shall be made available to the Secretary or his authorized
representative.

Sec. 57.13017 Compressor discharge pipes.

Compressor discharge pipes where carbon build-up may occur shall be
cleaned periodically as recommended by the manufacturer, but no less
frequently than once every two years.

Sec. 57.13019 Pressure system repairs.

Repairs involving the pressure system of compressors, receivers, or
compressed-air-powered equipment shall not be attempted until the
pressure has been bled off.

Sec. 57.13020 Use of compressed air.

At no time shall compressed air be directed toward a person. When
compressed air is used, all necessary precautions shall be taken to
protect persons from injury.

Sec. 57.13021 High-pressure hose connections.

Sec. 57.13030 Boilers.

(a) Fired pressure vessels (boilers) shall be equipped with water
level gauges, pressure gauges, automatic pressure-relief valves,
blowdown piping, and other safety devices approved by the American
Society of Mechanical Engineers to protect against hazards from
overpressure, flameouts, fuel interruptions and low water level, all as
required by the appropriate sections, chapters and appendices listed in
paragraphs (b) (1) and (2) of this section.
(b) These gauges, devices and piping shall be designed, installed,
operated, maintained, repaired, altered, inspected, and tested by
inspectors holding a valid National Board Commission and in accordance
with the following listed sections, chapters and appendices:
(1) The ASME Boiler and Pressure Vessel Code, 1977, published by the
American Society of Mechanical Engineers.

Section and Title

I Power Boilers
II Material Specifications--Part A--Ferrous
II Material Specifications--Part B--Non-ferrous
II Material Specifications--Part C--Welding Rods, Electrodes, and Filler
Metals
IV Heating Boilers
V Nondestructive Examination
VI Recommended Rules for Care and Operation of Heating Boilers

[[Page 408]]

VII Recommended Rules for Care of Power Boilers

(2) The National Board Inspection Code, a Manual for Boiler and
Pressure Vessel Inspectors, 1979, published by the National Board of
Boiler and Pressure Vessel Inspectors.

Chapter and Title

Appendix and Title

(c) Records of inspections and repairs shall be kept in accordance
with the requirements of the ASME Boiler and Pressure Vessel Code and
the National Board Inspection Code. The records shall be made available
to the Secretary or his authorized representative.
(d) Sections of the ASME Boiler and Pressure Vessel Code, 1977,
listed in paragraph (b)(1) of this section, and chapters and appendices
of the National Board Inspection Code, 1979, listed in paragraph (b)(2)
of this section, are incorporated by reference and made a part of this
standard. These publications may be obtained from the publishers, the
American Society of Mechanical Engineers, 22 Law Drive, P.O. Box 2900,
Fairfield, New Jersey 07007, Phone: 800-843-2763 (toll free); http://
www.asme.org, and the National Board of Boiler and Pressure Vessel
Inspectors, 1055 Crupper Avenue, Columbus, Ohio 43229. The publication
may be examined at any Metal and Nonmetal Mine Safety and Health
District Office of the Mine Safety and Health Administration.

[50 FR 4082, Jan. 29, 1985, as amended at 71 FR 16667, Apr. 3, 2006]

Subpart M_Machinery and Equipment

Source: 53 FR 32528, Aug. 25, 1988, unless otherwise noted.

Sec. 57.14000 Definitions.

The following definitions apply in this subpart.
Travelway. A passage, walk, or way regularly used or designated for
persons to go from one place to another.

[53 FR 32528, Aug. 25, 1988, as amended at 69 FR 38842, June 29, 2004]

Safety Devices and Maintenance Requirements

Sec. 57.14100 Safety defects; examination, correction and records.

[[Page 409]]

by an authorized representative of the Secretary.

Sec. 57.14101 Brakes.

(a) Minimum requirements. (1) Self-propelled mobile equipment shall
be equipped with a service brake system capable of stopping and holding
the equipment with its typical load on the maximum grade it travels.
This standard does not apply to equipment which is not originally
equipped with brakes unless the manner in which the equipment is being
operated requires the use of brakes for safe operation. This standard
does not apply to rail equipment.
(2) If equipped on self-propelled mobile equipment, parking brakes
shall be capable of holding the equipment with its typical load on the
maximum grade it travels.
(3) All braking systems installed on the equipment shall be
maintained in functional condition.
(b) Testing. (1) Service brake tests shall be conducted on surface-
operated equipment at underground mines when an MSHA inspector has
reasonable cause to believe that the service brake system does not
function as required, unless the mine operator removes the equipment
from service for the appropriate repair;
(2) The performance of the service brakes shall be evaluated
according to Table M-1.

Table M-1
----------------------------------------------------------------------------------------------------------------
Equipment Speed, MPH
Gross vehicle weight lbs. ----------------------------------------------------------------------------
10 11 12 13 14 15 16 17 18 19 20
----------------------------------------------------------------------------------------------------------------
Service Brake Maximum Stopping Distance--Feet
----------------------------------------------------------------------------------------------------------------
0-36,000........................... 34 38 43 48 53 59 64 70 76 83 89
36,000-70,000...................... 41 46 52 58 62 70 76 83 90 97 104
70,000-14,0000..................... 48 54 61 67 74 81 88 95 103 111 119
140,000-250,000.................... 56 62 69 77 84 92 100 108 116 125 133
250,000-400,000.................... 59 66 74 81 89 97 105 114 123 132 141
Over-400,000....................... 63 71 78 86 94 103 111 120 129 139 148
----------------------------------------------------------------------------------------------------------------
Stopping distances are computed using a constant deceleration of 9.66 FPS \2\ and system response times of .5.1,
1.5, 2, 2.25 and 2.5 seconds for each of increasing weight category respectively. Stopping distance values
include a one-second operator response time.

Table M-2--The Speed of a Vehicle Can Be Determined by Clocking It Through a 100-Foot Measured Course at
Constant Velocity Using Table M-2. When the Service Brakes Are Applied at the End of the Course, Stopping
Distance Can Be Measured and Compared to Table M-1.
----------------------------------------------------------------------------------------------------------------
Miles per hour 10 11 12 13 14 15 16 17 18 19 20
----------------------------------------------------------------------------------------------------------------
Seconds required to travel 100 feet 6.8 6.2 5.7 5.2 4.9 4.5 4.3 4.0 3.8 3.6 3.4
----------------------------------------------------------------------------------------------------------------

(3) Service brake tests shall be conducted under the direction of
the mine operator in cooperation with and according to the instructions
provided by the MSHA inspector as follows:
(i) Equipment capable of traveling at least 10 miles per hour shall
be tested with a typical load for that particular piece of equipment.
Front-end loaders shall be tested with the loader bucket empty.
Equipment shall not be tested when carrying hazardous loads, such as
explosives.
(ii) The approach shall be of sufficient length to allow the
equipment operator to reach and maintain a constant speed between 10 and
20 miles per hour prior to entering the 100 foot measured area. The
constant speed shall be maintained up to the point when the equipment
operator receives the signal to apply the brakes. The roadway shall be
wide enough to accommodate the size of the equipment being tested. The
ground shall be generally level, packed, and dry in the braking portion
of the test course. Ground moisture may be present to the extent that it
does not adversely affect the braking surface.
(iii) Braking is to be performed using only those braking systems,
including

[[Page 410]]

auxiliary retarders, which are designed to bring the equipment to a stop
under normal operating conditions. Parking or emergency (secondary)
brakes are not to be actuated during the test.
(iv) The tests shall be conducted with the transmission in the gear
appropriate for the speed the equipment is traveling except for
equipment which is designed for the power train to be disengaged during
braking.
(v) Testing speeds shall be a minimum of 10 miles per hour and a
maximum of 20 miles per hour.
(vi) Stopping distances shall be measured from the point at which
the equipment operator receives the signal to apply the service brakes
to the final stopped position.
(4) Test results shall be evaluated as follows:
(i) If the initial test run is valid and the stopping distance does
not exceed the corresponding stopping distance listed in Table 1, the
performance of the service brakes shall be considered acceptable. For
tests to be considered valid, the equipment shall not slide sideways or
exhibit other lateral motion during the braking portion of the test.
(ii) If the equipment exceeds the maximum stopping distance in the
initial test run, the mine operator may request from the inspector up to
four additional test runs with two runs to be conducted in each
direction. The performance of the service brakes shall be considered
acceptable if the equipment does not exceed the maximum stopping
distance on at least three of the additional tests.
(5) Where there is not an appropriate test site at the mine or the
equipment is not capable of traveling at least 10 miles per hour,
service brake tests will not be conducted. In such cases, the inspector
will rely upon other available evidence to determine whether the service
brake system meets the performance requirements of this standard.

[53 FR 32528, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988]

Sec. 57.14102 Brakes for rail equipment.

Braking systems on railroad cars and locomotives shall be maintained
in functional condition.

Sec. 57.14103 Operators' stations.

(a) If windows are provided on operators' stations of self-propelled
mobile equipment, the windows shall be made of safety glass or material
with equivalent safety characteristics. The windows shall be maintained
to provide visibility for safe operation.
(b) If damaged windows obscure visibility necessary for safe
operation, or create a hazard to the equipment operator, the windows
shall be replaced or removed. Damaged windows shall be replaced if
absence of a window would expose the equipment operator to hazardous
environmental conditions which would affect the ability of the equipment
operator to safely operate the equipment.
(c) The operators' stations of self-propelled mobile equipment
shall--
(1) Be free of materials that may create a hazard to persons by
impairing the safe operation of the equipment; and
(2) Not be modified, in a manner that obscures visibility necessary
for safe operation.

Sec. 57.14104 Tire repairs.

Sec. 57.14105 Procedures during repairs or maintenance.

Repairs or maintenance on machinery or equipment shall be performed
only after the power is off, and the machinery or equipment blocked
against

[[Page 411]]

hazardous motion. Machinery or equipment motion or activation is
permitted to the extent that adjustments or testing cannot be performed
without motion or activation, provided that persons are effectively
protected from hazardous motion.

Sec. 57.14106 Falling object protection.

(a) Fork-lift trucks, front-end loaders, and bulldozers shall be
provided with falling object protective structures if used in an area
where falling objects could create a hazard to the operator.
(b) The protective structure shall be capable of withstanding the
falling object loads to which it could be subjected.

Sec. 57.14107 Moving machine parts.

(a) Moving machine parts shall be guarded to protect persons from
contacting gears, sprockets, chains, drive, head, tail, and takeup
pulleys, flywheels, coupling, shafts, fan blades; and similar moving
parts that can cause injury.
(b) Guards shall not be required where the exposed moving parts are
at least seven feet away from walking or working surfaces.

Sec. 57.14108 Overhead drive belts.

Overhead drive belts shall be guarded to contain the whipping action
of a broken belt if that action could be hazardous to persons.

Sec. 57.14109 Unguarded conveyors with adjacent travelways.

Unguarded conveyors next to travelways shall be equipped with--
(a) Emergency stop devices which are located so that a person
falling on or against the conveyor can readily deactivate the conveyor
drive motor; or
(b) Railings which--
(1) Are positioned to prevent persons from falling on or against the
conveyor;
(2) Will be able to withstand the vibration, shock, and wear to
which they will be subjected during normal operation; and
(3) Are constructed and maintained so that they will not create a
hazard.

Sec. 57.14110 Flying or falling materials.

Sec. 57.14111 Slusher, backlash guards and securing.

(a) When persons are exposed to slushing operations, the slushers
shall be equipped with rollers and drum covers and anchored securely
before slushing operations are started to protect against hazardous
movement before slushing operations are started.
(b) Slushers rated over 10 horsepower shall be equipped with
backlash guards, unless the equipment operator is otherwise protected.
(c) This standard does not apply to air tuggers of 10 horsepower or
less that have only one cable and one drum.

Sec. 57.14112 Construction and maintenance of guards.

Sec. 57.14113 Inclined conveyors: backstops or brakes.

Backstops or brakes shall be installed on drive units of inclined
conveyors to prevent the conveyors from running in reverse, creating a
hazard to persons.

Sec. 57.14114 Air valves for pneumatic equipment.

A manual master quick-close type air valve shall be installed on all
pneumatic-powered equipment if there is a hazard of uncontrolled
movement when the air supply is activated. The valve

[[Page 412]]

shall be closed except when the equipment is being operated.

[53 FR 32528, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988]

Sec. 57.14115 Stationary grinding machines.

Stationary grinding machines, other than special bit grinders, shall
be equipped with--
(a) Peripheral hoods capable of withstanding the force of a bursting
wheel and enclosing not less than 270[deg]--of the periphery of the
wheel;
(b) Adjustable tool rests set so that the distance between the
grinding surface of the wheel and the tool rest is not greater than \1/
8\ inch; and
(c) A safety washer on each side of the wheel.

[53 FR 32528, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988]

Sec. 57.14116 Hand-held power tools.

Sec. 57.14130 Roll-over protective structures (ROPS) and seat belts
for surface equipment.

(a) Equipment included. Roll-over protective structures (ROPS) and
seat belts shall be installed on--
(1) Crawler tractors and crawler loaders;
(2) Graders;
(3) Wheel loaders and wheel tractors;
(4) The tractor portion of semi-mounted scrapers, dumpers, water
wagons, bottom-dump wagons, rear-dump wagons, and towed fifth wheel
attachments;
(5) Skid-steer loaders; and
(6) Agricultural tractors.
(b) ROPS construction. ROPS shall meet the requirements of the
following Society of Automotive Engineers (SAE) publications, as
applicable, which are incorporated by reference:
(1) SAE J1040, ``Performance Criteria for Roll-Over Protective
Structures (ROPS) for Construction, Earthmoving, Forestry, and Mining
Machines,'', 1986; or
(2) SAE J1194, ``Roll-Over Protective Structures (ROPS) for Wheeled
Agricultural Tractors'', 1983.
(c) ROPS labeling. ROPS shall have a label permanently affixed to
the structure identifying--
(1) The manufacturer's name and address;
(2) The ROPS model number; and
(3) The make and model number of the equipment for which the ROPS is
designed.
(d) ROPS installation. ROPS shall be installed on the equipment in
accordance with the recommendations of the ROPS manufacturer.
(e) ROPS maintenance. (1) ROPS shall be maintained in a condition
that meets the performance requirements applicable to the equipment. If
the ROPS is subjected to a roll-over or abnormal structural loading, the
equipment manufacturer or a registered professional engineer with
knowledge and experience in ROPS design shall recertify that the ROPS
meets the applicable performance requirements before it is returned to
service.
(2) Alterations or repairs on ROPS shall be performed only with
approval from the ROPS manufacturer or under the instructions of a
registered professional engineer with knowledge and experience in ROPS
design. The manufacturer or engineer shall certify that the ROPS meets
the applicable performance requirements.
(f) Exemptions. (1) This standard does not apply to--
(i) Self-propelled mobile equipment manufactured prior to July 1,
1969;
(ii) Over-the-road type tractors that pull trailers or vans on
highways;
(iii) Equipment that is only operated by remote control; and
(2) Self-propelled mobile equipment manufactured prior to October
24, 1988, that is equipped with ROPS and seat belts that meet the
installation and performance requirements of 30 CFR 57.9088 (1986
edition) shall be considered in compliance with paragraphs (b) and (h)
of this section.
(g) Wearing seat belts. Seat belts shall be worn by the equipment
operator except that when operating graders from

[[Page 413]]

a standing position, the grader operator shall wear safety lines and a
harness in place of a seat belt.
(h) Seat belts construction. Seat belts required under this section
shall meet the requirement of SAE J386, ``Operator Restraint System for
Off-Road Work Machines'' (1985, 1993, or 1997), or SAE J1194, ``Roll-
Over Protective Structures (ROPS) for Wheeled Agricultural Tractors''
(1983, 1989, 1994, or 1999), as applicable, which are incorporated by
reference.
(i) Seat belt maintenance. Seat belts shall be maintained in
functional condition, and replaced when necessary to assure proper
performance.
(j) Publications. The incorporation by reference of these
publications is approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these
publications may be examined at any Metal and Nonmetal Mine Safety and
Health District Office; at MSHA's 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. Copies may be purchased
from the Society of Automotive Engineers, 400 Commonwealth Drive,
Warrendale, PA 15096-0001; 724-776-4841; http://www.sae.org.

[53 FR 32528, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988, as amended at 60
FR 33722, June 29, 1995; 67 FR 38385, June 4, 2002; 68 FR 19347, Apr.
21, 2003; 80 FR 52988, Sept. 2, 2015]

Sec. 57.14131 Seat belts for surface haulage trucks.

[53 FR 32528, Aug. 25, 1988, as amended at 67 FR 38385, June 4, 2002; 68
FR 19347, Apr. 21, 2003; 80 FR 52988, Sept. 2, 2015]

Sec. 57.14132 Horns and backup alarms for surface equipment.

(a) Manually-operated horns or other audible warning devices
provided on self-propelled mobile equipment as a safety device shall be
maintained in a functional condition.
(b)(1) When the operator has an obstructed view to the rear, self-
propelled mobile equipment shall have--
(i) An automatic reverse-activated signal alarm;
(ii) A wheel-mounted bell alarm which sounds at least once for each
three feet of reverse movement;
(iii) A discriminating backup alarm that covers the area of
obstructed view; or
(iv) An observer to signal when it is safe to back up.
(2) Alarms shall be audible above the surrounding noise level.
(3) An automatic reverse-activated strobe light may be used at night
in lieu of an audible reverse alarm.
(c) This standard does not apply to rail equipment.

Sec. 57.14160 Mantrip trolley wire hazards underground.

Mantrips shall be covered if there is danger of persons contacting
the trolley wire.

[[Page 414]]

Sec. 57.14161 Makeshift couplings.

Couplings used on underground rail equipment shall be designed for
that equipment, except that makeshift couplings may be used to move
disabled rail equipment for repairs if no hazard to persons is created.

Sec. 57.14162 Trip lights.

On underground rail haulage, trip lights shall be used on the rear
of pulled trips and on the front of pushed trips.

Safety Practices and Operational Procedures

Sec. 57.14200 Warnings prior to starting or moving equipment.

Before starting crushers or moving self-propelled mobile equipment,
equipment operators shall sound a warning that is audible above the
surrounding noise level or use other effective means to warn all persons
who could be exposed to a hazard from the equipment.

Sec. 57.14201 Conveyor start-up warnings.

Sec. 57.14202 Manual cleaning of conveyor pulleys.

Pulleys of conveyors shall not be cleaned manually while the
conveyor is in motion.

Sec. 57.14203 Application of belt dressing.

Belt dressings shall not be applied manually while belts are in
motion unless a pressurized-type applicator is used that allows the
dressing to be applied from outside the guards.

Sec. 57.14204 Machinery lubrication.

Machinery or equipment shall not be lubricated manually while it is
in motion where application of the lubricant may expose persons to
injury.

Sec. 57.14205 Machinery, equipment, and tools.

Machinery, equipment, and tools shall not be used beyond the design
capacity intended by the manufacturer, where such use may create a
hazard to persons.

Sec. 57.14206 Securing movable parts.

Sec. 57.14207 Parking procedures for unattended equipment.

Sec. 57.14208 Warning devices.

(a) Visible warning devices shall be used when parked mobile
equipment creates a hazard to persons in other mobile equipment.
(b) Mobile equipment, other than forklifts, carrying loads that
project beyond the sides or more than four feet beyond the rear of the
equipment shall have a warning flag at the end of the projection. Under
conditions of limited visibility these loads shall have a warning light
at the end of the projection. Such flags or lights shall be attached to
the end of the projection or be carried by persons walking beside or
behind the projection.

[[Page 415]]

Sec. 57.14209 Safety procedures for towing.

Sec. 57.14210 Movement of dippers, buckets, loading booms,
or suspended loads.

(a) Dippers, buckets, loading booms, or suspended loads shall not be
swung over the operators' stations of self-propelled mobile equipment
until the equipment operator is out of the operator's station and in a
safe location.
(b) This section does not apply when the equipment is specifically
designed to protect the equipment operator from falling objects.

Sec. 57.14211 Blocking equipment in a raised position.

(a) Persons shall not work on top of, under, or work from mobile
equipment in a raised position until the equipment has been blocked or
mechanically secured to prevent it from rolling or falling accidentally.
(b) Persons shall not work on top of, under, or work from a raised
component of mobile equipment until the component has been blocked or
mechanically secured to prevent accidental lowering. The equipment must
also be blocked or secured to prevent rolling.
(c) A raised component must be secured to prevent accidental
lowering when persons are working on or around mobile equipment and are
exposed to the hazard of accidental lowering of the component.
(d) Under this section, a raised component of mobile equipment is
considered to be blocked or mechanically secured if provided with a
functional load-locking device or devices which prevent free and
uncontrolled descent.
(e) Blocking or mechanical securing of the raised component is
required during repair or maintenance of elevated mobile work platforms.

Sec. 57.14212 Chains, ropes, and drive belts.

Chains, ropes, and drive belts shall be guided mechanically onto
moving pulleys, sprockets, or drums except where equipment is designed
specifically for hand feeding.

Sec. 57.14213 Ventilation and shielding for welding.

(a) Welding operations shall be shielded when performed at locations
where arc flash could be hazardous to persons.
(b) All welding operations shall be well-ventilated.

Sec. 57.14214 Train warnings.

A warning that is audible above the surrounding noise level shall be
sounded--
(a) Immediately prior to moving trains;
(b) When trains approach persons, crossing, other trains on adjacent
tracks; and
(c) Any place where the train operator's vision is obscured.

Sec. 57.14215 Coupling or uncoupling cars.

Sec. 57.14216 Backpoling.

Sec. 57.14217 Securing parked railcars.

Parked railcars shall be blocked securely unless held effectively by
brakes.

[[Page 416]]

Sec. 57.14218 Movement of equipment on adjacent tracks.

When a locomotive on one track is used to move rail equipment on
adjacent tracks, a chain, cable, or drawbar shall be used which is
capable of withstanding the loads to which it could be subjected.

Sec. 57.14219 Brakeman signals.

When a train is under the direction of a brakeman and the train
operator cannot clearly recognize the brakeman's signals, the train
operator shall bring the train to a stop.

Sec. Appendix I to Subpart M of Part 57--National Consensus Standards

MSHA Standard 57.14106, Falling Object Protection
------------------------------------------------------------------------
Equipment National consensus standard
------------------------------------------------------------------------
Front-end loaders and bulldozers.......... Society of Automotive
Engineers (SAE) minimum
performance criteria for
falling object protective
structures (FOPS) SAE J231--
January, 1981.
Fork-lift trucks.......................... American National Standards
Institute (ANSI) safety
standard for low lift and
high lift trucks, B 56.1,
section 7.27--1983; or
American National Standards
Institute (ANSI) standard,
rough terrain fork lift
trucks, B 56.6--1987.
------------------------------------------------------------------------

Subpart N_Personal Protection

Surface and Underground

Sec. 57.15001 First aid materials.

Adequate first-aid materials, including stretchers and blankets
shall be provided at places convenient to all working areas. Water or
neutralizing agents shall be available where corrosive chemicals or
other harmful substances are stored, handled, or used.

Sec. 57.15002 Hard hats.

All persons shall wear suitable hard hats when in or around a mine
or plant where falling objects may create a hazard.

Sec. 57.15003 Protective footwear.

All persons shall wear suitable protective footwear when in or
around an area of a mine or plant where a hazard exists which could
cause an injury to the feet.

Sec. 57.15004 Eye protection.

Sec. 57.15005 Safety belts and lines.

Safety belts and lines shall be worn when persons work where there
is danger of falling; a second person shall tend the lifeline when bins,
tanks, or other dangerous areas are entered.

Sec. 57.15006 Protective equipment and clothing for hazards and irritants.

Sec. 57.15007 Protective equipment or clothing for welding, cutting,
or working with molten metal.

Protective clothing or equipment and face shields or goggles shall
be worn when welding, cutting, or working with molten metal.

Sec. 57.15014 Eye protection when operating grinding wheels.

Face shields or goggles in good condition shall be worn when
operating a grinding wheel.

[53 FR 32533, Aug. 25, 1988]

Surface Only

Sec. 57.15020 Life jackets and belts.

Life jackets or belts shall be worn where there is danger from
falling into water.

[[Page 417]]

Underground Only

Sec. 57.15030 Provision and maintenance of self-rescue devices.

A 1-hour self-rescue device approved by MSHA and NIOSH under 42 CFR
part 84 shall be made available by the operator to all personnel
underground. Each operator shall maintain self-rescue devices in good
condition.

[60 FR 30401, June 8, 1995]

Sec. 57.15031 Location of self-rescue devices.

(a) Except as provided in paragraph (b) and (c) of this section,
self-rescue devices meeting the requirements of standard 57.15030 shall
be worn or carried by all persons underground.
(b) Where the wearing or carrying of self-rescue devices meeting the
requirements of standard 57.15030 is hazardous to a person, such self-
rescue devices shall be located at a distance no greater than 25 feet
from such person.
(c) Where a person works on or around mobile equipment, self-rescue
devices may be placed in a readily accessible location on such
equipment.

Subpart O_Materials Storage and Handling

Sec. 57.16001 Stacking and storage of materials.

Supplies shall not be stacked or stored in a manner which creates
tripping or fall-of-material hazards.

Sec. 57.16002 Bins, hoppers, silos, tanks, and surge piles.

(a) Bins, hoppers, silos, tanks, and surge piles, where loose
unconsolidated materials are stored, handled or transferred shall be--
(1) Equipped with mechanical devices or other effective means of
handling materials so that during normal operations persons are not
required to enter or work where they are exposed to entrapment by the
caving or sliding of materials; and
(2) Equipped with supply and discharge operating controls. The
controls shall be located so that spills or overruns will not endanger
persons.
(b) Where persons are required to move around or over any facility
listed in this standard, suitable walkways or passageways shall be
provided.
(c) Where persons are required to enter any facility listed in this
standard for maintenance or inspection purposes, ladders, platforms, or
staging shall be provided. No person shall enter the facility until the
supply and discharge of materials have ceased and the supply and
discharge equipment is locked out. Persons entering the facility shall
wear a safety belt or harness equipped with a lifeline suitably
fastened. A second person, similarly equipped, shall be stationed near
where the lifeline is fastened and shall constantly adjust it or keep it
tight as needed, with minimum slack.

Sec. 57.16003 Storage of hazardous materials.

Materials that can create hazards if accidentally liberated from
their containers shall be stored in a manner that minimizes the dangers.

Sec. 57.16004 Containers for hazardous materials.

Containers holding hazardous materials must be of a type approved
for such use by recognized agencies.

[67 FR 42389, June 21, 2002]

Sec. 57.16005 Securing gas cylinders.

Compressed and liquid gas cylinders shall be secured in a safe
manner.

Sec. 57.16006 Protection of gas cylinder valves.

Valves on compressed gas cylinders shall be protected by covers when
being transported or stored, and by a safe location when the cylinders
are in use.

Sec. 57.16007 Taglines, hitches, and slings.

(a) Taglines shall be attached to loads that may require steadying
or guidance while suspended.
(b) Hitches and slings used to hoist materials shall be suitable for
the particular material handled.

Sec. 57.16009 Suspended loads.

Persons shall stay clear of suspended loads.

[[Page 418]]

Sec. 57.16010 Dropping materials from overhead.

To protect personnel, material shall not be dropped from an overhead
elevation until the drop area is first cleared of personnel and the area
is then either guarded or a suitable warning is given.

Sec. 57.16011 Riding hoisted loads or on the hoist hook.

Persons shall not ride on loads being moved by cranes or derricks,
nor shall they ride the hoisting hooks unless such method eliminates a
greater hazard.

Sec. 57.16012 Storage of incompatible substances.

Sec. 57.16013 Working with molten metal.

Suitable warning shall be given before molten metal is poured and
before a container of molten metal is moved.

Sec. 57.16014 Operator-carrying overhead cranes.

Sec. 57.16015 Work or travel on overhead crane bridges.

No person shall work from or travel on the bridge of an overhead
crane unless the bridge is provided with substantial footwalks with
toeboards and railings the length of the bridge.

Sec. 57.16016 Lift trucks.

Fork and other similar types of lift trucks shall be operated with
the:
(a) Upright tilted back to steady and secure the load;
(b) Load in the upgrade position when ascending or descending grades
in excess of 10 percent;
(c) Load not raised or lowered enroute except for minor adjustments;
and
(d) Load-engaging device downgrade when traveling unloaded on all
grades.

Sec. 57.16017 Hoisting heavy equipment or material.

Where the stretching or contraction of a hoist rope could create a
hazard, chairs or other suitable blocking shall be used to support
conveyances at shaft landings before heavy equipment or material is
loaded or unloaded.

Subpart P_Illumination

Sec. 57.17001 Illumination of surface working areas.

Illumination sufficient to provide safe working conditions shall be
provided in and on all surface structures, paths, walkways, stairways,
switch panels, loading and dumping sites, and working areas.

Sec. 57.17010 Electric lamps.

Individual electric lamps shall be carried for illumination by all
persons underground.

Subpart Q_Safety Programs

Surface and Underground

Sec. 57.18002 Examination of working places.

[[Page 419]]

the Federal Mine Safety and Health Act of 1977) until the danger is
abated.
(b) A record of each examination shall be made before the end of the
shift for which the examination was conducted. The record shall contain
the name of the person conducting the examination; date of the
examination; location of all areas examined; and description of each
condition found that may adversely affect the safety or health of
miners.
(c) When a condition that may adversely affect safety or health is
corrected, the examination record shall include, or be supplemented to
include, the date of the corrective action.
(d) The operator shall maintain the examination records for at least
one year, make the records available for inspection by authorized
representatives of the Secretary and the representatives of miners, and
provide these representatives a copy on request.

[84 FR 51401, Sept. 30, 2019]

Sec. 57.18006 New employees.

New employees shall be indoctrinated in safety rules and safe work
procedures.

Sec. 57.18009 Designation of person in charge.

When persons are working at the mine, a competent person designated
by the mine operator shall be in attendance to take charge in case of an
emergency.

Sec. 57.18010 First aid.

[61 FR 50436, Sept. 26, 1996]

Sec. 57.18012 Emergency telephone numbers.

Emergency telephone numbers shall be posted at appropriate
telephones.

Sec. 57.18013 Emergency communications system.

A suitable communication system shall be provided at the mine to
obtain assistance in the event of an emergency.

Sec. 57.18014 Emergency medical assistance and transportation.

Arrangements shall be made in advance for obtaining emergency
medical assistance and transportation for injured persons.

Surface Only

Sec. 57.18020 Working alone.

No employee shall be assigned, or allowed, or be required to perform
work alone in any area where hazardous conditions exist that would
endanger his safety unless he can communicate with others, can be heard,
or can be seen.

Underground Only

Sec. 57.18025 Working alone.

No employee shall be assigned, or allowed, or be required to perform
work alone in any area where hazardous conditions exist that would
endanger his safety unless his cries for help can be heard or he can be
seen.

Sec. 57.18028 Mine emergency and self-rescuer training.

(a) On an annual basis, all persons who are required to go
underground shall be instructed in the Mine Safety and Health
Administration approved course contained in Bureau of Mines Instruction
Guide 19, ``Mine Emergency Training'' (September 1972). The instruction
shall be given by MSHA personnel or by persons who are certified by the
District Manager of the area in which the mine is located.
(b) On an annual basis, all persons who go underground shall be
instructed in the Mine Safety and Health Administration course contained
in Bureau of Mines Instruction Guide 2, ``MSA W-65 Self-Rescuer'' (March
1972) or Bureau of Mines Instruction Guide 3, ``Permissible Drager 810
Respirator for Self-Rescue'' (March 1972). The instruction shall be
given by MSHA personnel or by persons who are certified by the District
Manager of the area in which the

[[Page 420]]

mine is located: Provided, however, That if a Mine Safety and Health
Administration instructor or a certified instructor is not immediately
available such instruction of new employees in self-rescuers may be
conducted by qualified company personnel who are not certified, but who
have obtained provisional approval from the District Manager. Any person
who has not had self-rescuer instruction within 12 months immediately
preceding going underground shall be instructed in the use of self-
rescuers before going underground.
(c) All instructional material, handouts, visual aids, and other
such teaching accessories used by the operator in the courses prescribed
in paragraphs (a) and (b) of this section shall be available for
inspection by the Secretary or his authorized representative.
(d) Records of all instruction shall be kept at the mine site or
nearest mine office at least 2 years from the date of instruction. Upon
completion of such instruction, copies of the record shall be submitted
to the District Manager.
(e) The Bureau of Mines instruction guides to which reference is
made in items (a) and (b) of this standard are hereby incorporated by
reference and made a part hereof. The incorporated instruction guides
are available and shall be provided upon request made to any Metal and
Nonmetal Mine Safety and Health district office.

[50 FR 4082, Jan. 29, 1985, as amended at 71 FR 16667, Apr. 3, 2006]

Subpart R_Personnel Hoisting

Sec. 57.19000 Application.

(a) The hoisting standards in this subpart apply to those hoists and
appurtenances used for hoisting persons. However, where persons may be
endangered by hoists and appurtenances used solely for handling ore,
rock, and materials, the appropriate standards should be applied.
(b) Standards 57.19021 through 57.19028 shall apply to wire ropes in
service used to hoist--
(1) Persons in shafts and slopes underground;
(2) Persons with an incline hoist on the surface; or
(3) Loads in shaft or slope development when persons work below
suspended loads.
(4) These standards do not apply to wire ropes used for elevators.
(c) Emergency hoisting facilities should conform to the extent
possible to safety requirements for other hoists, and should be adequate
to remove the persons from the mine with a minimum of delay.

Hoists

Sec. 57.19001 Rated capacities.

Hoists shall have rated capacities consistent with the loads handled
and the recommended safety factors of the ropes used.

Sec. 57.19002 Anchoring.

Hoists shall be anchored securely.

Sec. 57.19003 Driving mechanism connections.

Belt, rope, or chains shall not be used to connect driving
mechanisms to man hoists.

Sec. 57.19004 Brakes.

Any hoist used to hoist persons shall be equipped with a brake or
brakes which shall be capable of holding its fully loaded cage, skip, or
bucket at any point in the shaft.

Sec. 57.19005 Locking mechanism for clutch.

Sec. 57.19006 Automatic hoist braking devices.

Automatic hoists shall be provided with devices that automatically
apply the brakes in the event of power failure.

Sec. 57.19007 Overtravel and overspeed devices.

All man hoists shall be provided with devices to prevent overtravel.
When utilized in shafts exceeding 100 feet in depth, such hoists shall
also be provided with overspeed devices.

[[Page 421]]

Sec. 57.19008 Friction hoist synchronizing mechanisms.

Sec. 57.19009 Position indicator.

An accurate and reliable indicator of the position of the cage,
skip, bucket, or cars in the shaft shall be provided.

Sec. 57.19010 Location of hoist controls.

Hoist controls shall be placed or housed so that the noise from
machinery or other sources will not prevent hoistmen from hearing
signals.

Sec. 57.19011 Drum flanges.

Flanges on drums shall extend radially a minimum of 4 inches or
three rope diameters beyond the last wrap, whichever is the lesser.

Sec. 57.19012 Grooved drums.

Where grooved drums are used, the grooves shall be of suitable size
and pitch for the ropes used.

Sec. 57.19013 Diesel- and other fuel-injection-powered hoists.

Sec. 57.19014 Friction hoist overtravel protection.

Sec. 57.19017 Emergency braking for electric hoists.

Sec. 57.19018 Overtravel by-pass switches.

Wire Ropes

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

Sec. 57.19019 Guide ropes.

If guide ropes are used in shafts for personnel hoisting
applications other than shaft development, the nominal strength
(manufacturer's published catalog strength) of the guide rope at
installation shall meet the minimum value calculated as follows: Minimum
value = Static Load x 5.0.

Sec. 57.19021 Minimum rope strength.

For rope lengths less than 3,000 feet: Minimum Value = Static Load x
(7.0 - 0.001L)
For rope lengths 3,000 feet or greater: Minimum Value = Static Load x
4.0.

(b) Friction drum ropes.

For rope lengths less than 4,000 feet: Minimum Value = Static Load x
(7.0 - 0.0005L)
For rope lengths 4,000 feet or greater: Minimum Value = Static Load x
5.0.

Minimum Value = Weight of Rope x 7.0

[[Page 422]]

Sec. 57.19022 Initial measurement.

[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33722, June 29, 1995]

Sec. 57.19023 Examinations.

(a) At least once every fourteen calendar days, each wire rope in
service shall be visually examined along its entire active length for
visible structural damage, corrosion, and improper lubrication or
dressing. In addition, visual examination for wear and broken wires
shall be made at stress points, including the area near attachments,
where the rope rests on sheaves, where the rope leaves the drum, at drum
crossovers, and at change-of-layer regions. When any visible condition
that results in a reduction of rope strength is present, the affected
portion of the rope shall be examined on a daily basis.
(b) Before any person is hoisted with a newly installed wire rope or
any wire rope that has not been examined in the previous fourteen
calendar days, the wire rope shall be examined in accordance with
paragraph (a) of this section.
(c) At least once every six months, nondestructive tests shall be
conducted of the active length of the rope, or rope diameter
measurements shall be made--
(1) Wherever wear is evident;
(2) Where the hoist rope rests on sheaves at regular stopping
points;
(3) Where the hoist rope leaves the drum at regular stopping points;
and
(4) At drum crossover and change-of-layer regions.
(d) At the completion of each examination required by paragraph (a)
of this section, the person making the examination shall certify, by
signature and date, that the examination has been made. If any condition
listed in paragraph (a) of this section is present, the person
conducting the examination shall make a record of the condition and the
date. Certifications and records of examinations shall be retained for
one year.
(e) The person making the measurements or nondestructive tests as
required by paragraph (c) of this section shall record the measurements
or test results and the date. This record shall be retained until the
rope is retired from service.

Sec. 57.19024 Retirement criteria.

Sec. 57.19025 Load end attachments.

(a) Wire rope shall be attached to the load by a method that
develops at least 80 percent of the nominal strength of the rope.
(b) Except for terminations where use of other materials is a design
feature, zinc (spelter) shall be used for socketing wire ropes. Design
feature means either the manufacturer's original design or a design
approved by a registered professional engineer
(c) Load end attachment methods using splices are prohibited.

[[Page 423]]

Sec. 57.19026 Drum end attachment.

Sec. 57.19027 End attachment retermination.

Sec. 57.19028 End attachment replacement.

Wire rope attachments shall be replaced when cracked, deformed, or
excessively worn.

Sec. 57.19030 Safety device attachments.

Safety device attachments to hoist ropes shall be selected,
installed, and maintained according to manufacturers' specifications to
minimize internal corrosion and weakening of the hoist rope.

Headframes and Sheaves

Sec. 57.19035 Headframe design.

All headframes shall be constructed with suitable design
considerations to allow for all dead loads, live loads, and wind loads.

Sec. 57.19036 Headframe height.

Headframes shall be high enough to provide clearance for overtravel
and safe stopping of the conveyance.

Sec. 57.19037 Fleet angles.

Fleet angles on hoists installed after November 15, 1979, shall not
be greater than one and one-half degrees for smooth drums or two degrees
for grooved drums.

Sec. 57.19038 Platforms around elevated head sheaves.

Platforms with toeboards and handrails shall be provided around
elevated head sheaves.

Conveyances

Sec. 57.19045 Metal bonnets.

Man cages and skips used for hoisting or lowering employees or other
persons in any vertical shaft or any incline shaft with an angle of
inclination of forty-five degrees from the horizontal, shall be covered
with a metal bonnet.

Sec. 57.19049 Hoisting persons in buckets.

Buckets shall not be used to hoist persons except during shaft
sinking operations, inspection, maintenance, and repairs.

Sec. 57.19050 Bucket requirements.

Sec. 57.19054 Rope guides.

Where rope guides are used in shafts other than in shaft sinking
operations, the rope guides shall be a type of lock coil construction.

[[Page 424]]

Hoisting Procedures

Sec. 57.19055 Availability of hoist operator for manual hoists.

When a manually operated hoist is used, a qualified hoistman shall
remain within hearing of the telephone or signal device at all times
while any person is underground.

Sec. 57.19056 Availability of hoist operator for automatic hoists.

When automatic hoisting is used, a competent operator of the hoist
shall be readily available at or near the hoisting device while any
person is underground.

Sec. 57.19057 Hoist operator's physical fitness.

Sec. 57.19058 Experienced hoist operators.

Only experienced hoistmen shall operate the hoist except in cases of
emergency and in the training of new hoistmen.

Sec. 57.19061 Maximum hoisting speeds.

The safe speed for hoisting persons shall be determined for each
shaft, and this speed shall not be exceeded. Persons shall not be
hoisted at a speed faster than 2,500 feet per minute, except in an
emergency.

Sec. 57.19062 Maximum acceleration and deceleration.

Maximum normal operating acceleration and deceleration shall not
exceed 6 feet per second per second. During emergency braking, the
deceleration shall not exceed 16 feet per second per second.

Sec. 57.19063 Persons allowed in hoist room.

Only authorized persons shall be in hoist rooms.

Sec. 57.19065 Lowering conveyances by the brakes.

Conveyances shall not be lowered by the brakes alone except during
emergencies.

Sec. 57.19066 Maximum riders in a conveyance.

Sec. 57.19067 Trips during shift changes.

During shift changes, an authorized person shall be in charge of
each trip in which persons are hoisted.

Sec. 57.19068 Orderly conduct in conveyances.

Persons shall enter, ride, and leave conveyances in an orderly
manner.

Sec. 57.19069 Entering and leaving conveyances.

Persons shall not enter or leave conveyances which are in motion or
after a signal to move the conveyance has been given to the hoistman.

Sec. 57.19070 Closing cage doors or gates.

Cage doors or gates shall be closed while persons are being hoisted;
they shall not be opened until the cage has come to a stop.

Sec. 57.19071 Riding in skips or buckets.

Persons shall not ride in skips or buckets with muck, supplies,
materials, or tools other than small hand tools.

Sec. 57.19072 Skips and cages in same compartment.

When combinations of cages and skips are used in the same
compartment, the cages shall be enclosed to protect personnel from
flying material and the hoist speed reduced to man-speed as defined in
standard 57.19061, but not to exceed 1,000 feet per minute. Muck shall
not be hoisted with personnel during shift changes.

[[Page 425]]

Sec. 57.19073 Hoisting during shift changes.

Rock or supplies shall not be hoisted in the same shaft as persons
during shift changes, unless the compartments and dumping bins are
partitioned to prevent spillage into the cage compartment.

Sec. 57.19074 Riding the bail, rim, bonnet, or crosshead.

Sec. 57.19075 Use of open hooks.

Open hooks shall not be used to hoist buckets or other conveyances.

Sec. 57.19076 Maximum speeds for hoisting persons in buckets.

When persons are hoisted in buckets, speeds shall not exceed 500
feet per minute and shall not exceed 200 feet per minute when within 100
feet of the intended station.

Sec. 57.19077 Lowering buckets.

Buckets shall be stopped about 15 feet from the shaft bottom to
await a signal from one of the crew on the bottom for further lowering.

Sec. 57.19078 Hoisting buckets from the shaft bottom.

All buckets shall be stopped after being raised about three feet
above the shaft bottom. A bucket shall be stabilized before a hoisting
signal is given to continue hoisting the bucket to the crosshead. After
a hoisting signal is given, hoisting to the crosshead shall be at a
minimum speed. The signaling device shall be attended constantly until a
bucket reaches the guides. When persons are hoisted, the signaling
devices shall be attended until the crosshead has been engaged.

Sec. 57.19079 Blocking mine cars.

Where mine cars are hoisted by cage or skip, means for blocking cars
shall be provided at all landings and also on the cage.

Sec. 57.19080 Hoisting tools, timbers, and other materials.

Sec. 57.19081 Conveyances not in use.

Sec. 57.19083 Overtravel backout device.

A manually operated device shall be installed on each electric hoist
that will allow the conveyance or counterbalance to be removed from an
overtravel position. Such device shall not release the brake, or brakes,
holding the overtravelled conveyance or counterbalance until sufficient
drive motor torque has been developed to assure movement of the
conveyance or counterbalance in the correct direction only.

Signaling

Sec. 57.19090 Dual signaling systems.

There shall be at least two effective approved methods of signaling
between each of the shaft stations and the hoist room, one of which
shall be a telephone or speaking tube.

Sec. 57.19091 Signaling instructions to hoist operator.

Sec. 57.19092 Signaling from conveyances.

A method shall be provided to signal the hoist operator from cages
or other conveyances at any point in the shaft.

Sec. 57.19093 Standard signal code.

A standard code of hoisting signals shall be adopted and used at
each mine.

[[Page 426]]

The movement of a shaft conveyance on a ``one bell'' signal is
prohibited.

Sec. 57.19094 Posting signal code.

A legible signal code shall be posted prominently in the hoist house
within easy view of the hoistmen, and at each place where signals are
given or received.

Sec. 57.19095 Location of signal devices.

Hoisting signal devices shall be positioned within easy reach of
persons on the shaft bottom or constantly attended by a person stationed
on the lower deck of the sinking platform.

Sec. 57.19096 Familiarity with signal code.

Any person responsible for receiving or giving signals for cages,
skips, and mantrips when persons or materials are being transported
shall be familiar with the posted signaling code.

Shafts

Sec. 57.19100 Shaft landing gates.

Sec. 57.19101 Stopblocks and derail switches.

Positive stopblocks or a derail switch shall be installed on all
tracks leading to a shaft collar or landing.

Sec. 57.19102 Shaft guides.

A means shall be provided to guide the movement of a shaft
conveyance.

Sec. 57.19103 Dumping facilities and loading pockets.

Dumping facilities and loading pockets shall be constructed so as to
minimize spillage into the shaft.

Sec. 57.19104 Clearance at shaft stations.

Suitable clearance at shaft stations shall be provided to allow safe
movement of persons, equipment and materials.

Sec. 57.19105 Landings with more than one shaft entrance.

A safe means of passage around open shaft compartments shall be
provided on landings with more than one entrance to the shaft.

Sec. 57.19106 Shaft sets.

Shaft sets shall be kept in good repair and clean of hazardous
material.

Sec. 57.19107 Precautions for work in compartment affected
by hoisting operation.

Hoistmen shall be informed when persons are working in a compartment
affected by that hoisting operation and a ``Men Working in Shaft'' sign
shall be posted at the hoist.

Sec. 57.19108 Posting warning signs during shaft work.

When persons are working in a shaft ``Men Working in Shaft'' signs
shall be posted at all devices controlling hoisting operations that may
endanger such persons.

Sec. 57.19109 Shaft inspection and repair.

Shaft inspection and repair work in vertical shafts shall be
performed from substantial platforms equipped with bonnets or equivalent
overhead protection.

Sec. 57.19110 Overhead protection for shaft deepening work.

A substantial bulkhead or equivalent protection shall be provided
above persons at work deepening a shaft.

Sec. 57.19111 Shaft-sinking ladders.

[[Page 427]]

Inspection and Maintenance

Sec. 57.19120 Procedures for inspection, testing, and maintenance.

A systematic procedure of inspection, testing and maintenance of
shaft and hoisting equipment shall be developed and followed. If it is
found or suspected that any part is not functioning properly, the hoist
shall not be used until the malfunction has been located and repaired or
adjustments have been made.

Sec. 57.19121 Recordkeeping.

At the time of completion, the person performing inspections, tests,
and maintenance of shafts and hoisting equipment required in standard
57.19120 shall certify, by signature and date, that they have been done.
A record of any part that is not functioning properly shall be made and
dated. Certifications and records shall be retained for one year.

(Sec. 101, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291
(30 U.S.C. 811))

[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33722, June 29, 1995]

Sec. 57.19122 Replacement parts.

Parts used to repair hoists shall have properties that will ensure
the proper and safe function of the hoist.

Sec. 57.19129 Examinations and tests at beginning of shift.

Hoistmen shall examine their hoists and shall test overtravel,
deadman controls, position indicators, and braking mechanisms at the
beginning of each shift.

Sec. 57.19130 Conveyance shaft test.

Before hoisting persons and to assure that the hoisting compartments
are clear of obstructions, empty hoist conveyances shall be operated at
least one round trip after--
(a) Any hoist or shaft repairs or related equipment repairs that
might restrict or obstruct conveyance clearance;
(b) Any oversize or overweight material or equipment trips that
might restrict or obstruct conveyance clearance;
(c) Blasting in or near the shaft that might restrict or obstruct
conveyance clearance; or
(d) Remaining idle for one shift or longer.

Sec. 57.19131 Hoist conveyance connections.

Hoist conveyance connections shall be inspected at least once during
any 24-hour period that the conveyance is used for hoisting persons.

Sec. 57.19132 Safety catches.

(a) A performance drop test of hoist conveyance safety catches shall
be made at the time of installation, or prior to installation in a
mockup of the actual installation. The test shall be certified to in
writing by the manufacturer or by a registered professional engineer
performing the test.
(b) After installation and before use, and at the beginning of any
seven day period during which the conveyance is to be used, the
conveyance shall be suitably rested and the hoist rope slackened to test
for the unrestricted functioning of the safety catches and their
activating mechanisms.
(c) The safety catches shall be inspected by a competent person at
the beginning of any 24-hour period that the conveyance is to be used.

Sec. 57.19133 Shaft.

Shafts that have not been inspected within the past 7 days shall not
be used until an inspection has been conducted by a competent person.

Sec. 57.19134 Sheaves.

Sheaves in operating shafts shall be inspected weekly and kept
properly lubricated.

Sec. 57.19135 Rollers in inclined shafts.

Rollers used in operating inclined shafts shall be lubricated,
properly aligned, and kept in good repair.

Subpart S_Miscellaneous

Sec. 57.20001 Intoxicating beverages and narcotics.

Intoxicating beverages and narcotics shall not be permitted or used
in or

[[Page 428]]

around mines. Persons under the influence of alcohol or narcotics shall
not be permitted on the job.

Sec. 57.20002 Potable water.

Sec. 57.20003 Housekeeping.

Sec. 57.20005 Carbon tetrachloride.

Carbon tetrachloride shall not be used.

Sec. 57.20008 Toilet facilities.

Sec. 57.20009 Tests for explosive dusts.

Dusts suspected of being explosive shall be tested for
explosibility. If tests prove positive, appropriate control measures
shall be taken.

Sec. 57.20010 Retaining dams.

If failure of a water or silt retaining dam will create a hazard, it
shall be of substantial construction and inspected at regular intervals.

Sec. 57.20011 Barricades and warning signs.

Sec. 57.20013 Waste receptacles.

Sec. 57.20014 Prohibited areas for food and beverages.

No person shall be allowed to consume or store food or beverages in
a toilet room or in any area exposed to a toxic material.

Sec. 57.20020 Unattended mine openings.

Access to unattended mine openings shall be restricted by gates or
doors, or the openings shall be fenced and posted.

Sec. 57.20021 Abandoned mine openings.

Upon abandonment of a mine, the owner or operator shall effectively
close or fence off all surface openings down which persons could fall or
through which persons could enter. Upon or near all such safeguards,
trespass warnings and appropriate danger notices shall be posted.

Sec. 57.20031 Blasting underground in hazardous areas.

In underground areas where dangerous accumulations of water, gas,

[[Page 429]]

mud, or fire atmosphere could be encountered, persons shall be removed
to safe places before blasting.

Sec. 57.20032 Two-way communication equipment for underground operations.

Telephones or other two-way communication equipment with
instructions for their use shall be provided for communication from
underground operations to the surface.

Subpart T_Safety Standards for Methane in Metal and Nonmetal Mines

Authority: 30 U.S.C. 811.

Source: 52 FR 24941, July 1, 1987, unless otherwise noted.

General

Sec. 57.22001 Scope.

This subpart T sets forth procedures and safety standards for each
metal and nonmetal underground mine subject to the Federal Mine Safety
and Health Act of 1977. All metal and nonmetal mines will be placed into
one of the categories or subcategories defined in this subpart. Mines
shall operate in accordance with the applicable standards in this
subpart to protect persons against the hazards of methane gas and dust
containing volatile matter. The standards in this subpart apply to
underground mines as well as surface mills at Subcategory I-C mines.
These mines are also required to be operated in accordance with the
other applicable health and safety standards published in 30 CFR part
57.

Sec. 57.22002 Definitions.

The following definitions apply in this subpart:
Competent person. A person designated by the mine operator who has
sufficient experience and training to perform the assigned task.
Explosive material. Explosives, blasting agents, and detonators.
Explosives are substances classified as explosives by the Department of
Transportation in Sec. Sec. 173.53, 173.88, and 173.100 of Title 49 of
the Code of Federal Regulations (1986 Edition). Blasting agents are
substances classified as blasting agents by the Department of
Transportation in Sec. 173.114(a) of Title 49 of the Code of Federal
Regulations (1986 Edition). Detonators are devices containing a
detonating charge used to initiate explosives. Examples of detonators
are blasting caps, electric or non-electric instantaneous or delay
blasting caps and delay connectors. [A copy of Title 49 is available at
any Metal and Nonmetal Mine Safety and Health District Office of the
Mine Safety and Health Administration].
Substantial construction. Construction of such strength, material,
and workmanship that the object will withstand air blasts, blasting
shock, ground movement, pressure differentials, wear, and usage which
may be expected to occur in the mining environment.

[52 FR 24941, July 1, 1987, as amended at 69 FR 38842, June 29, 2004]

Mine Categorization

Sec. 57.22003 Mine category or subcategory.

(a) All underground mines, and the surface mills of Subcategory I-C
mines (gilsonite), shall be placed into one of the following categories
or subcategories to protect persons against the hazards of methane and
dusts containing volatile matter. Categories and subcategories are
defined as follows:
(1) Category I applies to mines that operate within a combustible
ore body and either liberate methane or have the potential to liberate
methane based on the history of the mine or the geological area in which
the mine is located. Category I is divided into Subcategories I-A, I-B,
and I-C as follows:
(i) Subcategory I-A applies to mines that operate within a
combustible ore body and liberate methane and in which--
(A) A concentration of 0.25 percent or more methane has been
detected in the mine atmosphere and confirmed by laboratory analysis; or
(B) An ignition of methane has occurred.
(ii) Subcategory I-B applies to mines that operate within a
combustible ore body and have the potential to liberate methane based on
the history of the

[[Page 430]]

mine or geological area in which the mine is located and in which--
(A) A concentration of 0.25 percent or more methane has not been
detected in the mine atmosphere; and
(B) An ignition of methane has not occurred.
(iii) Subcategory I-C applies to mines in which the product
extracted is combustible and the dust has a volatile matter content of
60 percent or more measured on a moisture free basis\1\.
---------------------------------------------------------------------------

\1\ Measured by the American Society for Testing and Materials, ASTM
D 3175-82, Standard Test Method for Volatile Matter in the Analysis
Sample of Coal and Coke. (This document is available at any Metal and
Nonmetal Mine Safety and Health District Office of the Mine Safety and
Health Administration).
---------------------------------------------------------------------------

(2) Category II applies to domal salt mines where the history of the
mine or geological area indicates the occurrence of or the potential for
an outburst. Category II is divided into Subcategories II-A and II-B as
follows:
(i) Subcategory II-A applies to domal salt mines where an outburst
reportable under Sec. 57.22004(c)(1) has occurred.
(ii) Subcategory II-B applies to domal salt mines where an outburst
reportable under Sec. 57.22004(c)(1) has not occurred, but which have
the potential for an outburst based on the history of the mine or
geological area in which the mine is located.
(3) Category III applies to mines in which noncombustible ore is
extracted and which liberate a concentration of methane that is
explosive, or is capable of forming explosive mixtures with air, or have
the potential to do so based on the history of the mine or the
geological area in which the mine is located. The concentration of
methane in such mines is explosive or is capable of forming explosive
mixtures if mixed with air as illustrated by Table 1 below, entitled
``Relation Between Quantitative Composition and Explosibility of
Mixtures of Methane and Air''.

[[Page 431]]

[GRAPHIC] [TIFF OMITTED] TC21OC91.048

(4) Category IV applies to mines in which noncombustible ore is
extracted and which liberate a concentration of methane that is not
explosive nor capable of forming explosive mixtures with air based on
the history of the mine or the geological area in which the mine is
located. The concentration of methane in such mines is not explosive nor
capable of forming explosive mixtures if mixed with air as illustrated
by Table 1 above, entitled ``Relation Between Quantitative Composition
and Explosibility of Mixtures of Methane and Air''.
(5) Category V applies to petroleum mines. Category V is divided
into Subcategories V-A and V-B as follows:
(i) Subcategory V-A applies to petroleum mines that operate entirely
or partially within an oil reservoir; and all other petroleum mines in
which--
(A) A concentration of 0.25 percent or more methane has been
detected in the mine atmosphere and confirmed by laboratory analysis; or
(B) An ignition of methane has occurred.
(ii) Subcategory V-B applies to petroleum mines that operate outside
of and

[[Page 432]]

drill into an oil reservoir and in which--
(A) A concentration of 0.25 percent or more methane has not been
detected in the mine atmosphere; and
(B) An ignition of methane has not occurred.
(6) Category VI applies to mines in which the presence of methane
has not been established and are not included in another category or
subcategory.
(b) Category or subcategory placement or change in placement shall
include consideration of the following:
(1) The history and geology of the mine or of the geological area in
which the mine is located;
(2) The ore body and host rock;
(3) The character, amount, duration, origin, and nature of methane
emission and the presence of explosive dust and inert gases; and
(4) Whether or not conditions encountered during primary or access
development are transient or permanent.
(c)(1) Gas samples for the purpose of category or subcategory
placement or change in placement, and for determining action levels,
shall be taken in the mine atmosphere. Gas samples taken to determine
the nature and extent of an occurrence under Sec. 57.22004 (c) and (d)
may be taken at any location, including the source, point of entry and
the mine atmosphere.
(2) Tests for methane shall be made with hand-held methanometers,
methane monitors, atmospheric monitoring systems, devices used to
provide laboratory analysis of samples, or with other equally effective
sampling devices. However, only methane samples that have been confirmed
by laboratory analysis shall be used for category or subcategory
placement or change in placement.
(d) Each mine and mill shall be required to operate in accordance
with the safety standards applicable to its particular category or
subcategory.

Sec. 57.22004 Category placement or change in placement.

The Administrator for Metal and Nonmetal Mine Safety and Health
(Administrator) shall be responsible for category and subcategory
placement, change in placement, and notification of placement of mines.
(a) The Administrator's proposed notice of placement or change in
placement shall be sent to the mine operator and the appropriate
representative of miners and shall include--
(1) The category or subcategory;
(2) The reasons for placement or change in placement;
(3) The data considered;
(4) The applicable standards and a time schedule for the mine
operator to achieve compliance;
(5) Whether or not conditions encountered during primary or access
development are transient or permanent; and
(6) Notification of the right to appeal the Administrator's
determination under Sec. 57.22005.
(b) The operator or the representative of the miners shall have the
right to request of the Administrator reassignment of the mine to a more
appropriate category or subcategory if, based on operating experience,
the conditions set forth in Sec. 57.22003(b) indicate that the hazards
of methane exist under circumstances more appropriately governed by a
different category or subcategory. In response to such a request, the
procedures set forth in paragraph (d) of this section shall apply. While
the request for category or subcategory reassignment is pending, the
mine shall continue to operate under the standards for the category or
subcategory to which originally assigned.
(c) MSHA shall be notified as soon as possible if any of the
following events occur:
(1) An outburst that results in 0.25 percent or more methane in the
mine atmosphere;
(2) A blowout that results in 0.25 percent or more methane in the
mine atmosphere;
(3) An ignition of methane; or
(4) Air sample results that indicate 0.25 percent or more methane in
the mine atmosphere of a Subcategory I-B, I-C, II-B, V-B or Category VI
mine.
(d) The Administrator shall promptly appoint an MSHA committee to
investigate occurrences reported in accordance with paragraph (c) of
this section or requests filed in accordance with paragraph (b) of this
section. Upon completion of an investigation, the committee shall make a
written report

[[Page 433]]

of the findings. These investigations may include an evaluation of the
following:
(1) Source, nature, and extent of occurrences;
(2) Conditions under which the incident occurred;
(3) Samples and tests;
(4) Physical conditions at the time of the occurrence;
(5) Charts, logs, and records related to the occurrence;
(6) Whether the occurrence is isolated, continuous, or could recur;
(7) Conditions indicating that the hazards of methane no longer
exist or exist under circumstances more appropriately governed by a
different category or subcategory;
(8) The geology of the mine and the geological area in which the
mine is located; and
(9) Statements by witnesses, company officials, employees, and other
persons having knowledge of the mine or the occurrence. Representatives
of the mine operator, the miners and the appropriate State agency may
participate in the investigation.

[52 FR 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987; 60
FR 33722, June 29, 1995]

Sec. 57.22005 Notice and appeal of placement or change in placement.

(a) The Administrator's determination of category or subcategory
placement or change in placement shall become final upon the 30th day
after it is served on the mine operator and representative of miners,
unless a request for a hearing has been filed. Service of the
Administrator's determination is complete upon mailing by registered or
certified mail, return receipt requested.
(b) The mine operator or representative of miners may obtain review
of the Administrator's determination by filing a request for a hearing
with the Assistant Secretary of Labor for Mine Safety and Health, Mine
Safety and Health Administration, 201 12th Street South, Arlington, VA
22202-5452 within 30 days of the Administrator's determination. Service
of a request for hearing is completed upon mailing by registered or
certified mail, return receipt requested. Requests for a hearing shall
be in writing and contain the following information:
(1) Name, address, and mine identification number;
(2) A concise statement of the reason why the Administrator's
determination is inappropriate; and
(3) A copy of the Administrator's determination.
(c) The mine operator shall post a copy of the Administrator's
determination and the request for a hearing on the mine bulletin board,
and shall maintain the posting until the placement becomes final.
(d) Promptly after receipt of the request for a hearing, the
Assistant Secretary shall refer to the Chief Administrative Law Judge,
United States Department of Labor, the following:
(1) The request for a hearing;
(2) The Administrator's determination; and
(3) All information upon which the Administrator's determination was
based.
(e) The hearing shall be regulated and conducted by an
Administrative Law Judge in accordance with 29 CFR part 18, entitled,
``Rules of Practice and Procedure for Administrative Hearings Before the
Office of Administrative Law Judges.'' Once the Administrative Law Judge
has made an initial decision and served each party, the decision shall
be final on the 30th day after service, unless discretionary review is
undertaken by the Assistant Secretary or an appeal is filed by the mine
operator or representative of the miners under paragraph (f) of this
section.
(f) Within 30 days after service of an initial decision of an
Administrative Law Judge, the Assistant Secretary for Mine Safety and
Health may undertake a discretionary review of the initial decision, or
the mine operator, or representative of the miners may appeal the
initial decision of the Administrative Law Judge to the Assistant
Secretary.
(1) The Assistant Secretary shall give notice of discretionary
review to the mine operator and representative of the miners. The mine
operator or representative of the miners shall give notice of an appeal
to the other party. The notice shall specify the suggested

[[Page 434]]

changes and refer to the specific findings of fact, conclusions of law,
and terms of the initial decision to be reviewed or appealed. The
Assistant Secretary shall fix a time for filing any objections to the
suggested changes and supporting reasons.
(2) The Assistant Secretary shall promptly notify the Administrative
Law Judge of a discretionary review or an appeal. The entire record of
the proceedings shall be transmitted to the Assistant Secretary for
review.
(3) The Assistant Secretary shall make the final decision based upon
consideration of the record of the proceedings. The final decision may
affirm, modify, or set aside in whole or in part, the findings and
conclusions contained in the initial decision. A statement of reasons
for the action taken shall be included in the final decision. The final
decision shall be served upon the mine operator and representative of
the miners.
(g) Unless a decision by the Administrator for Metal and Nonmetal
Mine Safety and Health, or the initial decision of the Administrative
Law Judge, is appealed within 30 days, it becomes final, and is not
subject to judicial review for the purposes of 5 U.S.C. 704. Only a
decision by the Assistant Secretary shall be considered final Agency
action for purposes of judicial review. Any such appeal must be filed in
the appropriate circuit of the United States Court of Appeal.
(h) While a final decision of category placement is pending the
following procedures shall apply:
(1) Where a mine has been classified as gassy prior to the effective
date of these standards, existing gassy mines standards 30 CFR 57.21001
through 57.21101 (1986 Edition) shall continue to be applicable until
placement is final.
(2) Where a mine has not been classified as gassy prior to the
effective date of these standards and it is placed in Categories I
through V, the mine shall comply with Category VI standards (Sec. Sec.
57.22231, 57.22232, 57.22236, and 57.22238) until placement is final.
(3) Where a mine has been classified in Categories I through V after
the effective date of these standards and category reassignment is being
considered, the mine shall comply with the standards applicable to the
category to which presently assigned until category placement is final.

[52 FR 24941, July 1, 1987; 52 FR 27903, July 24, 1987, as amended at 67
FR 38385, June 4, 2002; 80 FR 52988, Sept. 2, 2015]

Fire Prevention and Control

Note: The Category or Subcategory applicability of each standard
appears in the parentheses of each standard's title line.

Sec. 57.22101 Smoking (I-A, II-A, III, and V-A mines).

Persons shall not smoke or carry smoking materials, matches, or
lighters underground. The operator shall institute a reasonable program
to assure that persons entering the mine do not carry such items.

Sec. 57.22102 Smoking (I-C mines).

(a) Persons shall not smoke or carry smoking materials, matches, or
lighters underground or within 50 feet of a mine opening. The operator
shall institute a reasonable program to assure that persons entering the
mine do not carry such items.
(b) Smoking is prohibited in surface milling facilities except in
designated, dust-free smoking areas.

Sec. 57.22103 Open flames (I-A, II-A, III, and V-A mines).

Open flames shall not be permitted underground except for welding,
cutting, and other maintenance operations, and for igniting underground
retorts in a Subcategory I-A mine. When using open flames in other than
fresh air, or in places where methane may enter the air current, tests
for methane shall be conducted by a competent person before work is
started and every 10 minutes until the job is completed. Continuous
methane monitors with audible alarms may be used after the initial test
has been conducted as an alternative to the ten-minute interval testing
requirement. Open flames shall not be used in atmospheres containing 0.5
percent or more methane.

Sec. 57.22104 Open flames (I-C mines).

(a) Open flames, including cutting and welding, shall not be used
underground.

[[Page 435]]

(b) Welding and cutting shall not be done within 50 feet of a mine
opening unless all persons are out of the mine and the mine opening is
covered. The cover shall be a substantial material, such as metal or
wood, topped with a layer of wetted material to prevent sparks and
flames from entering the mine opening.

Sec. 57.22105 Smoking and open flames (IV mines).

Smoking or open flames shall not be permitted in a face or raise, or
during release of gas from a borehole until tests have been conducted in
accordance with Sec. 57.22226 and the methane level has been determined
to be below 0.5 percent.

Sec. 57.22106 Dust containing volatile matter (I-C mines).

Dust containing volatile matter shall not be allowed to accumulate
on the surfaces of enclosures, facilities, or equipment used in surface
milling in amounts that, if suspended in air, would become an explosive
mixture. An explosive mixture of dust containing volatile matter is 0.02
ounce or more per cubic foot of air.

Ventilation

Sec. 57.22201 Mechanical ventilation (I-A, I-B, I-C, II-A, II-B, III,
IV, V-A, and V-B mines).

All mines shall be ventilated mechanically.

Sec. 57.22202 Main fans (I-A, I-B, I-C, II-A, III, V-A, and V-B mines).

(a) Main fans shall be--
(1) Installed on the surface in noncombustible housings provided
with noncombustible air ducts;
(2) Except in Subcategory I-A mines, provided with an automatic
signal device to give an alarm when the fan stops. The signal device
shall be located so that it can be seen or heard by a person designated
by the mine operator.
(b) Fan installations shall be--
(1) Offset so that the fan and its associated components are not in
direct line with possible explosive forces;
(2) Equipped with explosion-doors, a weak-wall, or other equivalent
devices located to relieve the pressure that would be created by an
explosion underground. The area of the doors or weak-wall shall be at
least equivalent to the average cross-sectional area of the airway.
(c) (1) All main fan-related electrical equipment and cables located
within or exposed to the forward or reverse airstream shall be approved
by MSHA under the appliable requirements of 30 CFR part 18;
(2) Drive belts and nonmetallic fan blades shall be constructed of
static-conducting material; and
(3) Aluminum alloy fan blades shall not contain more than 0.5
percent magnesium. [Paragraph (c)(3) of this section does not apply to
Subcategory I-C mines].
(d) When an internal combustion engine is used to power a main fan
or as standby power, the engine shall be--
(1) Installed in a noncombustible housing;
(2) Protected from a possible fuel supply fire or explosion; and
(3) Located out of direct line with the forward and reverse
airstream provided by the fan. Engine exhaust gases shall be vented to
the atmosphere so that exhaust cannot contaminate mine intake air.
(e) For Subcategory I-A mines only: Main exhaust fans shall be
equipped with methane monitors to give an alarm when methane in the
return air reaches 0.5 percent. The alarm shall be located so that it
can be seen or heard by a person designated by the mine operator.

[52 FR 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987]

Sec. 57.22203 Main fan operation (I-C mines).

Main fans shall be operated continuously while ore production is in
progress.

Sec. 57.22204 Main fan operation and inspection
(I-A, II-A, III, and V-A mines).

Main fans shall be--
(a) Provided with a pressure-recording system; and
(b) Inspected daily while operating if persons are underground.
Certification

[[Page 436]]

of inspections shall be made by signature and date. Certifications and
pressure recordings shall be retained for at least one year and made
available to an authorized representative of the Secretary.

[52 FR 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987; 60
FR 33722, June 29, 1995]

Sec. 57.22205 Doors on main fans (I-A, II-A, III, and V-A mines).

In mines ventilated by multiple main fans, each main fan
installation shall be equipped with noncombustible doors. Such doors
shall automatically close to prevent air reversal through the fan. The
doors shall be located so that they are not in direct line with
explosive forces which could come out of the mine.

Sec. 57.22206 Main ventilation failure (I-A, II-A, III, and V-A mines).

(a) When there has been a main ventilation failure, such as stoppage
of main fans or failure of other components of the main ventilation
system, tests for methane shall be conducted in affected active workings
until normal air flow has resumed.
(b) If a total failure of ventilation occurs while all persons are
out of the mine and the failure lasts for more than 30 minutes, only
competent persons shall be allowed underground to examine the mine or to
make necessary ventilation changes. Other persons may reenter the mine
after the main fans have been operational for at least 30 minutes, or
after the mine atmosphere has been tested and contains less than 1.0
percent methane. Persons other than examiners shall not reenter a
Subcategory II-A mine until the methane level is less than 0.5 percent.

Sec. 57.22207 Booster fans (I-A, II-A, III, and V-A mines).

(a) Booster fans shall be approved by MSHA under the applicable
requirements of 30 CFR part 18, and be--
(1) Provided with an automatic signal device located so that it can
be seen or heard by a person designated by the mine operator to give an
alarm when the fan stops or when methane reaches the following levels:
(i) 1.0 percent at the fan in Subcategory I-A, Category III, and
Subcategory V-A mines; and
(ii) 0.5 percent at the fan in Subcategory II-A mines.
(2) Equipped with a device that automatically deenergizes power in
affected workings should the fan stop; and
(3) Equipped with starting and stopping controls located at the fan
and at another accessible remote location.
(b) Booster fan installations, except for booster fans installed in
ducts, shall be--
(1) Provided with doors which open automatically when all fans in
the installation stop; and
(2) Provided with an air lock when passage through the fan bulkhead
is necessary.

Sec. 57.22208 Auxiliary fans (I-A, II-A, III, and V-A mines).

(a) Auxiliary fans, except fans used in shops and other areas which
have been so designed that methane cannot enter the airway, shall be
approved by MSHA under the applicable requirements of 30 CFR part 18,
and be operated so that recirculation is minimized. Auxiliary fans shall
not be used to ventilate work places during the interruption of normal
mine ventilation.
(b) Tests for methane shall be made at auxiliary fans before they
are started.

Sec. 57.22209 Auxiliary fans (I-C mines).

Electric auxiliary fans shall be approved by MSHA under the
applicable requirements of 30 CFR part 18. Tests for methane shall be
made at electric auxiliary fans before they are started. Such fans shall
not be operated when air passing over or through them contains 0.5
percent or more methane.

Sec. 57.22210 In-line filters (I-C mines).

Filters or separators shall be installed on air-lift fan systems to
prevent explosive concentrations of dust from passing through the fan.

Sec. 57.22211 Air flow (I-A mines).

The average air velocity in the last open crosscut in pairs or sets
of developing entries, or through other ventilation openings nearest the
face, shall be

[[Page 437]]

at least 40 feet per minute. The velocity of air ventilating each face
at a work place shall be at least 20 feet per minute.

Sec. 57.22212 Air flow (I-C, II-A, and V-A mines).

Air flow across each working face shall be sufficient to carry away
any accumulation of methane, smoke, fumes, and dust.

Sec. 57.22213 Air flow (III mines).

The quantity of air coursed through the last open crosscut in pairs
or sets of entries, or through other ventilation openings nearest the
face, shall be at least 6,000 cubic feet per minute, or 9,000 cubic feet
per minute in longwall and continuous miner sections. The quantity of
air across each face at a work place shall be at least 2,000 cubic feet
per minute.

Sec. 57.22214 Changes in ventilation (I-A, II-A, III, and V-A mines).

(a) Changes in ventilation which affect the main air current or any
split thereof and which adversely affect the safety of persons in the
mine shall be made only when the mine is idle.
(b) Only persons engaged in making such ventilation changes shall be
permitted in the mine during changes.
(c) Power shall be deenergized in affected areas prior to making
ventilation changes, except power to monitoring equipment determined by
MSHA to be intrinsically safe under 30 CFR part 18. Power shall not be
restored until the results of the change have been determined and a
competent person has examined affected working places for methane.

Sec. 57.22215 Separation of intake and return air
(I-A, II-A, III, and V-A mines).

Main intake and return air currents shall be coursed through
separate mine openings and shall be separated throughout the mine,
except--
(a) Where multiple shafts are used for ventilation and a single
shaft contains a curtain wall or partition for separation of air
currents. Such wall or partition shall be constructed of reinforced
concrete or other noncombustible equivalent, and provided with pressure-
relief devices.
(b) During development of openings to the surface--
(1) Ventilation tubing approved by MSHA in accordance with 30 CFR
part 7 or previously issued a BC or VT acceptance number by the MSHA
Approval and Certification Center may be used for separation of main air
currents in the same opening. Flexible ventilation tubing shall not
exceed 250 feet in length.
(2) Only development related to making a primary ventilation
connection may be performed beyond 250 feet of the shaft.

[52 FR 24941, July 1, 1987, as amended at 54 FR 30508, July 20, 1989]

Sec. 57.22216 Separation of intake and return air (I-C mines).

The main intake and return air currents in single shafts shall be
separated by ventilation tubing, curtain walls, or partitions.
Ventilation tubing shall be constructed of noncombustible material.
Curtain walls or partitions shall be constructed of reinforced concrete
or other noncombustible equivalent, and provided with pressure-relief
devices.

Sec. 57.22217 Seals and stoppings (I-A, I-B, and I-C mines).

All seals, and those stoppings that separate main intake from main
return airways, shall be of substantial construction and constructed of
noncombustible materials, except that stoppings constructed of brattice
materials may be used in face areas.

Sec. 57.22218 Seals and stoppings (III, V-A, and V-B mines).

(a) All seals, and those stoppings that separate main intake from
main return airways, shall be of substantial construction, except that
stoppings constructed of brattice materials may be used in face areas.
(b) Exposed surfaces on the intake side of stoppings constructed of
combustible materials or foam-type blocks shall be coated with at least
one inch of construction plaster containing perlite and gypsum; at least
one inch of expanded vermiculite, Portland cement and limestone; or
other coatings with

[[Page 438]]

equivalent fire resistance. Stoppings constructed to phenolic foam
blocks at least 12 inches thick need not be coated for fire resistance.
All foam-type blocks used for stopping construction shall be solid.
(c) Exposed surfaces on the fresh air side of seals constructed of
combustible materials shall be coated with at least one inch of
construction plaster containing perlite and gypsum; at least one inch of
expanded vermiculite, Portland cement and limestone; or other coatings
with equivalent fire resistance. Foam-type blocks shall not be used for
seals.

Sec. 57.22219 Seals and stoppings (II-A mines).

(a) Exposed surfaces on the intake side of stoppings constructed of
combustible materials, except brattice, shall be coated with at least
one inch of construction plaster containing perlite and gypsum; at least
one inch of expanded vermiculite, Portland cement and limestone; or
other coatings with equivalent fire resistance.
(b) Seals shall be of substantial construction. Exposed surfaces on
the fresh air side of seals constructed of combustible materials shall
be coated with at least one inch of construction plaster containing
perlite and gypsum; at least one inch of expanded vermiculite, Portland
cement and limestone; or other coatings with equivalent fire resistance.
Foam-type blocks shall not be used for seals.

Sec. 57.22220 Air passing unsealed areas (I-A, II-A, III, and V-A mines).

Air that has passed by or through unsealed abandoned or unsealed
inactive areas and contains 0.25 percent or more methane shall--
(a) Be coursed directly to a return airway;
(b) Be tested daily for methane by a competent person; and
(c) Not be used to ventilate work places.

Sec. 57.22221 Overcast and undercast construction
(I-A, II-A, III, and V-A mines).

Overcasts and undercasts shall be--
(a) Of substantial construction;
(b)(1) Constructed of noncombustible materials; or
(2) Where constructed of combustible materials, the outside surfaces
shall be coated with at least one inch of construction plaster
containing perlite and gypsum; at least one inch of expanded
vermiculite, Portland cement and limestone; or other coatings with
equivalent fire resistance;
(c) Kept clear of obstructions.

Sec. 57.22222 Ventilation materials (I-A, I-B, I-C, II-A, III, V-A,
and V-B mines).

Brattice cloth and ventilation tubing shall be approved by MSHA in
accordance with 30 CFR part 7, or shall bear a BC or VT acceptance
number issued by the MSHA Approval and Certification Center.

[54 FR 30508, July 20, 1989]

Sec. 57.22223 Crosscuts before abandonment (III mines).

A means of ventilating faces shall be provided before workings are
abandoned in unsealed areas, unless crosscuts are provided within 30
feet of the face.

Sec. 57.22224 Auxiliary equipment stations (I-A and III mines).

Battery charging stations, compressor stations, pump stations, and
transformer stations shall be installed in intake air at locations which
are sufficiently ventilated to prevent the accumulation of methane.

Sec. 57.22225 Auxiliary equipment stations (I-C mines).

Battery charging stations, compressor stations, and electrical
substations shall not be installed underground or within 50 feet of a
mine opening.

Sec. 57.22226 Testing for methane (IV mines).

Tests for methane shall be conducted in the mine atmosphere by a
competent person--
(a) At least once each shift prior to starting work in each face and
raise; and
(b) Upon initial release of gas into the mine atmosphere from
boreholes.

[[Page 439]]

Sec. 57.22227 Approved testing devices (I-A, I-B, I-C, II-A, II-B, III,
IV, V-A, and V-B mines).

(a) Methane monitoring devices and portable, battery-powered, self-
contained devices used for measuring methane, other gases, and
contaminants in mine air shall be approved by MSHA under the applicable
requirements of 30 CFR parts 18, 21, 22, 23, 27, and 29. Such devices
shall be maintained in accordance with manufacturers' instructions, or
an equivalent maintenance and calibration procedure.
(b)(1) Flame safety lamps shall not be used to test for methane
except as supplementary devices.
(2) Flame safety lamps shall not be used in Subcategory I-C mines.
(c)(1) If electrically powered, remote sensing devices are used,
that portion of the instrument located in return air or other places
where combustible gases may be present shall be approved by MSHA under
the applicable requirements of 30 CFR parts 18, 22, 23, 27, and 29.
(2) If air samples are delivered to remote analytical devices
through sampling tubes, such tubes shall be provided with in-line flame
arrestors. Pumping equipment and analytical instruments shall be located
in intake air.

Sec. 57.22228 Preshift examination (I-A, I-C, II-A, III, and V-A mines).

(a) Preshift examinations shall be conducted within three hours
prior to the start of the shift for which the examination is being made.
(b) Prior to the beginning of a shift following an idle shift, a
competent person shall test the mine atmosphere for methane at all work
places before persons other than examiners enter the mine.
(c) When one shift immediately follows another, a competent person
shall test the mine atmosphere at each active working face for methane
before work is started on that shift.
(d) A competent person shall test the mine atmosphere at each face
blasted before work is started.
(e) Except in Subcategory I-C or Category III mines, vehicles used
for transportation when examining the mine shall be approved by MSHA
under the applicable requirements of 30 CFR parts 18 through 36.

[52 FR 24941, July 1, 1987, as amended at 53 FR 9615, Mar. 24, 1988]

Sec. 57.22229 Weekly testing (I-A, III, and V-A mines).

(a) The mine atmosphere shall be tested for methane and carbon
monoxide at least once every seven days by a competent person or an
atmospheric monitoring system, or a combination of the two. Such testing
shall be done at the following locations:
(1) The return of each split where it enters the main return;
(2) Adjacent to retreat areas, if accessible;
(3) At least one seal of each sealed area, if accessible;
(4) Main returns;
(5) At least one entry of each intake and return;
(6) Idle workings; and
(7) Return air from unsealed abandoned workings.
(b) The volume of air (velocity in Subcategory I-A mines) shall be
measured at least once every seven days by a competent person. Such
measurement shall be done at the following locations:
(1) Entering main intakes;
(2) Leaving main returns;
(3) Entering each main split;
(4) Returning from each main split; and
(5) In the last open crosscuts or other ventilation openings nearest
the active faces where the air enters the return.
(c) Where such examinations disclose hazardous conditions, affected
persons shall be informed and corrective action shall be taken.
(d) Certification of examinations shall be made by signature and
date. Certifications shall be retained for at least one year and made
available to authorized representatives of the Secretary.

[52 FR 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987]

Sec. 57.22230 Weekly testing (II-A mines).

(a) The mine atmosphere shall be tested for methane at least once
every seven days by a competent person or an atmospheric monitoring
system, or a

[[Page 440]]

combination of the two. Such testing shall be done at the following
locations:
(1) Active mining faces and benches;
(2) Main returns;
(3) Returns from idle workings;
(4) Returns from abandoned workings; and
(5) Seals.
(b) Where such examinations disclose hazardous conditions, affected
persons shall be informed and corrective action shall be taken.
(c) Certification of examinations shall be made by signature and
date. Certifications shall be kept for at least one year and made
available to authorized representatives of the Secretary.

[52 FR 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987; 60
FR 33723, June 29, 1995]

Sec. 57.22231 Actions at 0.25 percent methane (I-B, II-B, V-B, and VI mines).

If methane reaches 0.25 percent in the mine atmosphere, changes
shall be made to improve ventilation, and MSHA shall be notified
immediately.

Sec. 57.22232 Actions at 0.5 percent methane
(I-B, II-A, II-B, IV, V-B, and VI mines).

If methane reaches 0.5 percent in the mine atmosphere, ventilation
changes shall be made to reduce the level of methane. Until methane is
reduced to less than 0.5 percent, electrical power shall be deenergized
in affected areas, except power to monitoring equipment determined by
MSHA to be intrinsically safe under 30 CFR part 18. Diesel equipment
shall be shut off or immediately removed from the area and no other work
shall be permitted in affected areas.

[52 FR 24941, July 1, 1987; 52 FR 27903, July 24, 1987]

Sec. 57.22233 Actions at 0.5 percent methane (I-C mines).

If methane reaches 0.5 percent in the mine atmosphere, ventilation
changes shall be made to reduce the level of methane. Until methane is
reduced to less than 0.5 percent, no other work shall be permitted in
affected areas.

[52 FR 24941, July 1, 1987; 52 FR 27903, July 24, 1987]

Sec. 57.22234 Actions at 1.0 percent methane
(I-A, I-B, III, V-A, and V-B mines).

(a) If methane reaches 1.0 percent in the mine atmosphere,
ventilation changes shall be made to reduce the methane. Until such
changes are achieved--
(1) All persons other than competent persons necessary to make the
ventilation changes shall be withdrawn from affected areas;
(2) Electrical power shall be deenergized in affected areas, except
power to monitoring equipment determined by MSHA to be intrinsically
safe under 30 CFR part 18; and
(3) Diesel equipment shall be shut off or immediately removed from
the area.
(b) If methane reaches 1.0 percent at a main exhaust fan, electrical
power underground shall be deenergized, except power to monitoring
equipment determined by MSHA to be intrinsically safe under 30 CFR part
18, and all persons shall be withdrawn from the mine.
(c) If methane reaches 1.0 percent at a work place and there has
been a failure of the main ventilation system, all persons shall be
withdrawn from the mine.

[52 FR 24941, July 1, 1987, as amended at 53 FR 9615, Mar. 24, 1988]

Sec. 57.22235 Actions at 1.0 percent methane (I-C, II-A, II-B, and IV mines).

(a) If methane reaches 1.0 percent in the mine atmosphere, all
persons other than competent persons necessary to make ventilation
changes shall be withdrawn from affected areas until methane is reduced
to less than 0.5 percent.
(b) If methane reaches 1.0 percent at a work place and there has
been a failure of the main ventilation system, all persons shall be
withdrawn from the mine.

Sec. 57.22236 Actions at 1.0 percent methane (VI mines).

If methane reaches 1.0 percent in the mine atmosphere, all persons
other than competent persons necessary to make ventilation changes shall
be withdrawn from affected areas until methane is reduced to less than
0.5 percent.

[[Page 441]]

Sec. 57.22237 Actions at 2.0 to 2.5 percent methane in bleeder systems
(I-A and III mines).

If methane reaches 2.0 percent in bleeder systems at the point where
a bleeder split enters a main return split, mining shall not be
permitted on ventilation splits affected by the bleeder system. If
methane has not been reduced to less than 2.0 percent within 30 minutes,
or if methane levels reach 2.5 percent, all persons other than competent
persons necessary to take corrective action shall be withdrawn from
affected areas.

Sec. 57.22238 Actions at 2.0 percent methane (I-B, II-B, V-B, and VI mines).

If methane reaches 2.0 percent in the mine atmosphere, all persons
other than competent persons necessary to make ventilation changes shall
be withdrawn from the mine until methane is reduced to less than 0.5
percent.

Sec. 57.22239 Actions at 2.0 percent methane (IV mines).

[52 FR 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987; 60
FR 33723, June 29, 1995]

Sec. 57.22240 Actions at 2.0 percent methane (V-A mines).

If methane reaches 2.0 percent in the mine atmosphere, all persons
other than competent persons necessary to make ventilation changes shall
be withdrawn from affected areas until methane is reduced to less than
1.0 percent.

[52 FR 24941, July 1, 1987; 52 FR 27903, July 24, 1987]

Sec. 57.22241 Advance face boreholes (I-C mines).

(a) Boreholes shall be drilled at least 25 feet in advance of a face
whenever the work place is within--
(1) 50 feet of a surveyed abandoned mine or abandoned workings which
cannot be inspected; or
(2) 200 feet of an unsurveyed abandoned mine or abandoned workings
which cannot be inspected.
(b) Boreholes shall be drilled in such a manner to insure that the
advancing face will not accidently break into an abandoned mine or
abandoned working.

Equipment

Sec. 57.22301 Atmospheric monitoring systems (I-A, II-A, and V-A mines).

(a) An atmospheric monitoring system shall be installed to provide
surface readings of methane concentrations in the mine atmosphere from
underground locations. Components of the system shall be approved by
MSHA under the applicable requirements of 30 CFR parts 18, 22, 23, and
27; or be determined by MSHA under 30 CFR part 18 to be intrinsically
safe or explosion-proof.
(b) Atmospheric monitoring systems shall--
(1) Give warnings on the surface and underground when methane at any
sensor reaches 0.5 percent or more, and when power to a sensor is
interrupted. Warning devices shall be located so that they can be seen
and heard by a person designated by the mine operator; and
(2) Automatically deenergize power in affected areas, except power
to monitoring equipment determined by MSHA to be intrinsically safe
under 30 CFR part 18, when methane at any sensor reaches--
(i) 1.0 percent in a Subcategory I-A or V-A mine; or
(ii) 0.5 percent while persons are underground and 1.0 percent
during blasting in a Subcategory II-A mine. Timing devices are permitted
to avoid nuisance tripping for periods not to exceed 30 seconds, except
during blasting or the ventilation time following a blast in a
Subcategory II-A mine.
(c) Atmospheric monitoring systems shall be checked with a known
mixture of methane, and calibrated if necessary at least once every 30
days. Certification of calibration tests shall be made by signature and
date. Certifications of tests shall be retained for at least one year
and made available to authorized representatives of the Secretary.

[[Page 442]]

Sec. 57.22302 Approved equipment (I-A and V-A mines).

Equipment used in or beyond the last open crosscut shall be approved
by MSHA under the applicable requirements of 30 CFR parts 18 through 36.
Equipment shall not be operated in atmospheres containing 1.0 percent or
more methane.

Sec. 57.22303 Approved equipment (I-C mines).

Only electrical equipment that is approved by MSHA under the
applicable requirements of 30 CFR parts 18 through 28 or approved under
30 CFR part 29 contained in the 30 CFR, parts 1-199, edition, revised as
of July 1, 1999, shall be used underground, except for submersible sump
pumps.

[64 FR 43283, Aug. 10, 1999]

Sec. 57.22304 Approved equipment (II-A mines).

(a) Cutting and drilling equipment used at a face or bench shall be
approved by MSHA under the applicable requirements of 30 CFR parts 18
through 36.
(b) While cutting or drilling is in progress, equipment not approved
by MSHA under the applicable requirements of 30 CFR parts 18 through 36
shall remain at least 100 feet from the face or bench being mined.
(c) Tests for methane shall be conducted immediately before
nonapproved equipment is taken to a face or bench after blasting.
(d) Mine power transformers and stationary equipment not approved by
MSHA under the applicable requirements of 30 CFR parts 18 through 36
shall be installed in fresh air or downwind from an atmospheric methane
monitor sensor.

Sec. 57.22305 Approved equipment (III mines).

Equipment used in or beyond the last open crosscut and equipment
used in areas where methane may enter the air current, such as pillar
recovery workings, longwall faces and shortwall faces, shall be approved
by MSHA under the applicable requirements of 30 CFR parts 18 through 36.
Equipment shall not be operated in atmospheres containing 1.0 percent or
more methane.

Sec. 57.22306 Methane monitors (I-A mines).

(a) Methane monitors shall be installed on continuous mining
machines, longwall mining systems, and on loading and haulage equipment
used in or beyond the last open crosscut.
(b) The monitors shall--
(1) Give warning at 1.0 percent methane;
(2) Automatically deenergize electrical equipment, except power to
monitoring equipment determined by MSHA to be intrinsically safe under
30 CFR part 18, and prevent starting such equipment when methane levels
reach 1.5 percent. Diesel equipment shall be shut off or immediately
removed from the affected area; and
(3) Automatically deenergize electrical equipment when power to a
sensor is interrupted. Diesel equipment shall not be operated if the
monitor is inoperative.
(c) Sensing units of monitors shall be positioned at a location
which provides for the most effective measurement of methane.

Sec. 57.22307 Methane monitors (II-A mines).

(a) Methane monitors shall be installed on continuous mining
machines, longwall mining systems, bench and face drills, and
undercutting machines used in or beyond the last open crosscut.
(b) The monitors shall--
(1) Give warning at 0.5 percent methane;
(2) Automatically deenergize electrical equipment, except power to
monitoring equipment determined by MSHA to be intrinsically safe under
30 CFR part 18, and prevent starting such equipment when methane levels
reach 1.0 percent; and
(3) Automatically deenergize the equipment when power to a sensor is
interrupted.
(c) Sensing units of monitors shall be positioned at a location
which provides for the most effective measurement of methane.

[[Page 443]]

Sec. 57.22308 Methane monitors (III mines).

(a) Methane monitors shall be installed on continuous mining
machines and longwall mining systems.
(b) The monitors shall--
(1) Give warning at 1.0 percent methane;
(2) Automatically deenergize electrical equipment, except power to
monitoring equipment determined by MSHA to be intrinsically safe under
30 CFR part 18, and prevent starting such equipment when methane levels
reach 1.5 percent; and
(3) Automatically deenergize the equipment when power to a sensor is
interrupted.
(c) Sensing units of monitors shall be positioned at a location
which provides for the most effective measurement of methane.

Sec. 57.22309 Methane monitors (V-A mines).

(a) Methane monitors shall be installed on continuous mining
machines used in or beyond the last open crosscut.
(b) The monitors shall--
(1) Give warning at 1.0 percent methane.
(2) Automatically deenergize electrical equipment, except power to
monitoring equipment determined by MSHA to be intrinsically safe under
30 CFR part 18, and prevent starting of such equipment when methane
levels reach 1.5 percent; and
(3) Automatically deenergize the equipment when power to a sensor is
interrupted.
(c) Sensing units of monitors shall be positioned at a location
which provides for the most effective measurement of methane.

Sec. 57.22310 Electrical cables (I-C mines).

Electrical cables used to power submersible sump pumps shall be
accepted or approved by MSHA as flame resistant, or be installed in
continuous metal conduit or metal pipe. The ends of such conduit or pipe
shall be sealed to prevent entry of explosive gas or dust.

[57 FR 61223, Dec. 23, 1992]

Sec. 57.22311 Electrical cables (II-A mines).

Only jacketed electrical cables accepted or approved by MSHA as
flame resistant shall be used to supply power to distribution boxes and
electrical equipment operating in face and bench areas.

[57 FR 61223, Dec. 23, 1992]

Sec. 57.22312 Distribution boxes (II-A and V-A mines).

Distribution boxes containing short circuit protection for trailing
cables of approved equipment shall be approved by MSHA under 30 CFR part
18.

Sec. 57.22313 Explosion-protection systems (I-C mines).

Pressure-relief systems including vents, or explosion suppression
systems, shall be provided on explosive dust handling and processing
equipment and on facilities housing such equipment. Vents shall be
installed so that forces are directed away from persons should an
explosion occur. The ratio of vent size to internal size of the
equipment or facility shall not be less than one square foot of vent for
each 80 cubic feet of volume or space.

Sec. 57.22314 Flow-control devices (V-A and V-B mines).

Oil recovery drill holes that penetrate oil bearing formations shall
have devices to control the release of liquid hydrocarbons and hazardous
gases during the drilling process. Such devices may be recovered for
reuse after the formation has been depressurized or the well or borehole
has been capped or connected to a collection system.

Sec. 57.22315 Self-contained breathing apparatus (V-A mines).

Self-contained breathing apparatus of a duration to allow for escape
from the mine and sufficient in number to equip all persons underground
shall be strategically located throughout the mine. Such apparatus shall
be approved by MSHA and NIOSH under 42 CFR part 84 and shall be
maintained in accordance with manufacturers' specifications. This
standard does not apply to double entry mining systems where

[[Page 444]]

crosscut intervals do not exceed 250 feet.

[52 FR 24941, July 1, 1987, as amended at 60 FR 30401, June 8, 1995]

Underground Retorts

Sec. 57.22401 Underground retorts (I-A and I-B mines).

(a) Retorts shall be provided with--
(1) Two independent power sources for main mine ventilation fans and
those fans directly ventilating retort bulkheads, and for retort
blowers, and provisions for switching promptly from one power source to
the other; and
(2) An alarm system for blower malfunctions and an evacuation plan
to assure safety of personnel in the event of a failure.
(b) Prior to the ignition of underground retorts, a written ignition
and operation plan shall be submitted to the MSHA District Manager for
the area in which the mine is located. The mine operator shall comply
with all provisions of the retort plan. The retort plan shall include--
(1) Acceptable levels of combustible gases and oxygen in retort off-
gases during start-up and during burning; levels at which corrective
action will be initiated; levels at which personnel will be removed from
the retort areas, from the mine, and from endangered surface areas; and
the conditions for reentering the mine;
(2) Specification and locations of off-gas monitoring procedures and
equipment;
(3) Specifications for construction of retort bulkheads and seals,
and their locations;
(4) Procedures for ignition of a retort and for reignition following
a shutdown; and
(5) Details of area monitoring and alarm systems for hazardous gases
and actions to be taken to assure safety of personnel.

[52 FR 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987; 60
FR 33723, June 29, 1995]

Illumination

Sec. 57.22501 Personal electric lamps (I-A, I-B, I-C, II-A, II-B,
III, IV, V-A, and V-B mines).

Electric lamps used for personal illumination shall be approved by
MSHA under the requirements of 30 CFR parts 19 or 20, as applicable.

Explosives

Sec. 57.22601 Blasting from the surface (I-A mines).

(a) All development, production, and bench rounds shall be initiated
from the surface after all persons are out of the mine. Persons shall
not enter the mine until ventilating air has passed over the blast area
and through at least one atmospheric monitoring sensor.
(b) After blasting, if the monitoring system indicates that methane
in the mine is less than 1.0 percent, persons may enter the mine. All
places blasted shall be tested for methane by a competent person before
work is started.
(c) If the monitoring system indicates the presence of 1.0 percent
or more methane, persons other than examiners shall not enter the mine
until the mine has been examined by a competent person and the methane
content has been reduced to less than 1.0 percent.
(d) Vehicles used for transportation when examining the mine shall
be approved by MSHA under the applicable requirements of 30 CFR parts 18
through 36.

[52 FR 24941, July 1, 1987, as amended at 53 FR 9615, Mar. 24, 1988]

Effective Date Note: At 53 FR 9615, Mar. 24, 1988, Sec. 57.22601
was stayed until further notice.

Sec. 57.22602 Blasting from the surface (I-C mines).

(a) All blasting shall be initiated from the surface after all
persons are out of the mine and any connecting mines.
(b) Persons shall not enter the mine until a competent person has
examined the blast sites and methane concentrations are less than 0.5
percent.

[[Page 445]]

Sec. 57.22603 Blasting from the surface (II-A mines).

(a) All development, production, and bench rounds shall be initiated
from the surface after all persons are out of the mine. Persons shall
not enter the mine until the mine has been ventilated for at least 15
minutes and the ventilating air has passed over the blast area and
through at least one atmospheric monitoring sensor.
(b) If the monitoring system indicates that methane in the mine is
less than 0.5 percent, competent persons may enter the mine to test for
methane in all blast areas.
(c) If the monitoring system indicates that methane in the mine is
0.5 percent or more, the mine shall be ventilated and persons shall not
enter the mine until the monitoring system indicates that methane in the
mine is less than 0.5 percent.
(d) If the monitoring system is inoperable or malfunctions, the mine
shall be ventilated for at least 45 minutes and the mine power shall be
deenergized before persons enter the mine. Only competent persons
necessary to test for methane may enter the mine until the methane in
the mine is less than 0.5 percent.
(e) Vehicles used for transportation when examining the mine shall
be approved by MSHA under the applicable requirements of 30 CFR parts 18
through 36. Vehicles shall not be used to examine the mine if the
monitoring system is inoperable or has malfunctioned.

Sec. 57.22604 Blasting from the surface (II-B mines).

All development, production, and bench rounds shall be initiated
from the surface after all persons are out of the mine. Persons other
than those designated by the mine operator to make methane tests shall
not enter the mine until all blast areas have been tested for methane.

Sec. 57.22605 Blasting from the surface (V-A mines).

(a) All development and production blasting shall be initiated from
the surface after all persons are out of the mine. Persons shall not
enter the mine until ventilating air has passed over the blast area and
through at least one atmospheric monitoring sensor.
(b) If the monitoring system indicates that methane in the mine is
less than 1.0 percent, persons may enter the mine, and all places
blasted shall be tested for methane by a competent person before work is
started.
(c) If the monitoring system indicates the presence of 1.0 percent
or more methane, persons other than examiners shall not enter the mine
until the mine has been examined by a competent person and the methane
level is less than 1.0 percent.
(d) Vehicles used for transportation when examining the mine shall
be approved by MSHA under the applicable requirements of 30 CFR parts 18
through 36.
(e) This standard applies only to mines blasting within an oil
reservoir.

Sec. 57.22606 Explosive materials and blasting units (III mines).

(a) Mine operators shall notify the appropriate MSHA District
Manager of all nonapproved explosive materials and blasting units to be
used prior to their use. Explosive materials used for blasting shall be
approved by MSHA under 30 CFR part 15, or nonapproved explosive
materials shall be evaluated and determined by the District Manager to
be safe for blasting in a potentially gassy environment. The notice
shall also include the millisecond-delay interval between successive
shots and between the first and last shot in a round.
(b) Faces shall be examined for proper placement of holes, possible
breakthrough, and water. Ammonium nitrate blasting agents shall not be
loaded into wet holes.
(c) Multiple-shot blasts shall be initiated with detonators encased
in copper-based alloy shells. Aluminum and aluminum alloy-cased
detonators, nonelectric detonators, detonating cord, and safety fuses
shall not be used. All detonators in a round shall be made by the same
manufacturer.
(d) Nonapproved explosives shall be used only as primers with
ammonium nitrate-fuel oil blasting agents. Such primers shall be placed
at the back or bottom of the hole.

[[Page 446]]

(e) Blast holes shall be stemmed with a noncombustible material in
an amount to confine the explosive charge. Breakthrough holes shall be
stemmed at both ends.
(f) Mudcaps or other nonapproved unconfined shots shall not be
blasted.
(g)(1) Blasting units shall be approved by MSHA under 30 CFR part
25; or
(2) Blasting units used to fire more than 20 detonators shall
provide at least 2 amperes through each detonator but not more than an
average of 100 amperes through one ohm for 10 milliseconds, and provide
the necessary current for at least the first 5 milliseconds with a
cutoff not to exceed 10 milliseconds.

[52 FR 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987]

Sec. 57.22607 Blasting on shift (III mines).

When blasting on shift, tests for methane shall be made in the mine
atmosphere by a competent person before blasting. Blasting shall not be
done when 1.0 percent or more methane is present.

Sec. 57.22608 Secondary blasting (I-A, II-A, and V-A mines).

Prior to secondary blasting, tests for methane shall be made in the
mine atmosphere at blast sites by a competent person. Secondary blasting
shall not be done when 0.5 percent or more methane is present.

Sec. Appendix I to Subpart T of Part 57--Standard Applicability by
Category or Subcategory

Subcategory I-A

57.22101
57.22103
57.22201
57.22202
57.22204
57.22205
57.22206
57.22207
57.22208
57.22211
57.22214
57.22215
57.22217
57.22220
57.22221
57.22222
57.22224
57.22227
57.22228
57.22229
57.22234
57.22237
57.22301
57.22302
57.22306
57.22401
57.22501
57.22601
57.22608

Subcategory I-B

57.22201
57.22202
57.22217
57.22222
57.22227
57.22231
57.22232
57.22234
57.22238
57.22401
57.22501

Subcategory I-C

57.22102
57.22104
57.22106
57.22201
57.22202
57.22203
57.22209
57.22210
57.22212
57.22216
57.22217
57.22222
57.22225
57.22227
57.22228
57.22233
57.22235
57.22241
57.22303
57.22310
57.22313
57.22501
57.22602

Subcategory II-A

57.22101
57.22103
57.22201
57.22202
57.22204
57.22205
57.22206
57.22207
57.22208
57.22212
57.22214
57.22215
57.22219
57.22220
57.22221
57.22222
57.22227
57.22228
57.22230
57.22232
57.22235
57.22301
57.22304
57.22307
57.22311
57.22312
57.22501
57.22603
57.22608

Subcategory II-B

57.22201
57.22227
57.22231
57.22232
57.22235
57.22238
57.22501
57.22604

Category III

57.22101
57.22103
57.22201
57.22202
57.22204
57.22205
57.22206
57.22207
57.22208
57.22213
57.22214
57.22215
57.22218
57.22220
57.22221
57.22222
57.22223
57.22224
57.22227
57.22228
57.22229
57.22234
57.22237
57.22305
57.22308
57.22501
57.22606
57.22607

Category IV

57.22105
57.22201
57.22226
57.22227

[[Page 447]]

57.22232
57.22235
57.22239
57.22501

Subcategory V-A

57.22101
57.22103
57.22201
57.22202
57.22204
57.22205
57.22206
57.22207
57.22208
57.22212
57.22214
57.22215
57.22218
57.22220
57.22221
57.22222
57.22227
57.22228
57.22229
57.22234
57.22240
57.22301
57.22302
57.22309
57.22312
57.22314
57.22315
57.22501
57.22605
57.22608

Subcategory V-B

57.22201
57.22202
57.22218
57.22222
57.22227
57.22231
57.22232
57.22234
57.22238
57.22314
57.22501

Category VI

57.22231
57.22232
57.22236
57.22238

Subpart U_Safety Program for Surface Mobile Equipment

Source: 88 FR 87927, Dec. 20, 2023, unless otherwise noted.

Sec. 57.23000 Purpose and scope.

This subpart requires operators to develop, implement, and update a
written safety program for surface mobile equipment to reduce the number
and rates of accidents, injuries, and fatalities. This subpart applies
to surface mobile equipment at surface areas of underground metal and
nonmetal mines. The purpose of this safety program is to promote and
support a positive safety culture and improve miners' safety at the
mine.

Sec. 57.23001 Definitions.

Sec. 57.23002 Written safety program.

Sec. 57.23003 Requirements for written safety program.

Sec. 57.23004 Record and inspection.

(a) The operator shall make the written safety program available for
inspection by authorized representatives of the Secretary and provide a
copy upon request.

[[Page 448]]

(b) The operator shall make the written safety program available for
inspection by miners and their representatives and, at no cost, provide
a copy upon request.

PART 58_HEALTH STANDARDS FOR METAL AND NONMETAL MINES--Table of Contents

Subpart A_General

Sec.
58.1 Scope.

Subparts B-D [Reserved]

Subpart E_Miscellaneous

58.610 Abrasive blasting.
58.620 Drill dust control.

Authority: 30 U.S.C. 811, 957, 961.

Source: 59 FR 8327, Feb. 18, 1994, unless otherwise noted.

Subpart A_General

Sec. 58.1 Scope.

The health standards in this part apply to all metal and nonmetal
mines.

Subparts B-D [Reserved]

Subpart E_Miscellaneous

Sec. 58.610 Abrasive blasting.

(a) Surface and underground mines. When an abrasive blasting
operation is performed, all exposed miners shall use in accordance with
30 CFR 56.5005 or 57.5005 respirators approved for abrasive blasting by
NIOSH under 42 CFR part 84, or the operation shall be performed in a
totally enclosed device with the miner outside the device.
(b) Underground areas of underground mines. Silica sand or other
materials containing more than 1 percent free silica shall not be used
as an abrasive substance in abrasive blasting.

[59 FR 8327, Feb. 18, 1994, as amended at 60 FR 30401, June 8, 1995]

Sec. 58.620 Drill dust control.

Holes shall be collared and drilled wet, or other effective dust
control measures shall be used, when drilling non-water-soluble
material. Effective dust control measures shall be used when drilling
water-soluble materials.

SUBCHAPTER L [RESERVED]

[[Page 449]]

SUBCHAPTER M_UNIFORM MINE HEALTH REGULATIONS

PART 60_RESPIRABLE CRYSTALLINE SILICA--Table of Contents

Sec.
60.1 Scope; compliance dates.
60.2 Definitions.
60.10 Permissible exposure limit (PEL).
60.11 Methods of compliance.
60.12 Exposure monitoring.
60.13 Corrective actions.
60.14 Respiratory protection.
60.15 Medical surveillance for metal and nonmetal mines.
60.16 Recordkeeping requirements.
60.17 Severability.

Authority: 30 U.S.C. 811, 813(h) and 957.

Source: 89 FR 28470, Apr. 18, 2024, unless otherwise noted.

Sec. 60.1 Scope; compliance dates.

(a) This part sets forth mandatory health standards for each surface
and underground metal, nonmetal, and coal mine subject to the Federal
Mine Safety and Health Act of 1977, as amended. Requirements regarding
medical surveillance for metal and nonmetal mines are also included.
(b) The compliance dates for the provisions of this part are as
follows:
(1) For coal mine operators, April 14, 2025.
(2) For metal and nonmetal mine operators, April 8, 2026.

Sec. 60.2 Definitions.

The following definitions apply in this part:
Action level means an airborne concentration of respirable
crystalline silica of 25 micrograms per cubic meter of air ([micro]g/
m\3\) for a full-shift exposure, calculated as an 8-hour time-weighted
average (TWA).
Respirable crystalline silica means quartz, cristobalite, and/or
tridymite contained in airborne particles that are determined to be
respirable by a sampling device designed to meet the characteristics for
respirable-particle-size-selective samplers that conform to the
International Organization for Standardization (ISO) 7708:1995: Air
Quality--Particle Size Fraction Definitions for Health-Related Sampling.
Specialist means an American Board-Certified Specialist in Pulmonary
Disease or an American Board-Certified Specialist in Occupational
Medicine.

Sec. 60.10 Permissible exposure limit (PEL).

The mine operator shall ensure that no miner is exposed to an
airborne concentration of respirable crystalline silica in excess of 50
[micro]g/m\3\ for a full-shift exposure, calculated as an 8-hour TWA.

Sec. 60.11 Methods of compliance.

(a) The mine operator shall install, use, and maintain feasible
engineering controls, supplemented by administrative controls when
necessary, to keep each miner's exposure at or below the PEL, except as
specified in Sec. 60.14.
(b) Rotation of miners shall not be considered an acceptable
administrative control used for compliance with this part.

Sec. 60.12 Exposure monitoring.

(a) Sampling. (1) Mine operators shall commence sampling by the
compliance date in Sec. 60.1 to assess the full shift, 8-hour TWA
exposure of respirable crystalline silica for each miner who is or may
reasonably be expected to be exposed to respirable crystalline silica.
(2) If the sampling under paragraph (a)(1) of this section is:
(i) Below the action level, the mine operator shall take at least
one additional sampling within 3 months.
(ii) At or above the action level but at or below the PEL, the mine
operator shall take another sampling within 3 months.
(iii) Above the PEL, the mine operator shall take corrective actions
and sample pursuant to Sec. 60.12(b).
(3) Where the most recent sampling indicates that miner exposures
are at or above the action level but at or below the PEL, the mine
operator shall continue to sample within 3 months of the previous
sampling.
(4) The mine operator may discontinue sampling when two consecutive
samplings indicate that miner exposures are below the action level. The

[[Page 450]]

second of these samplings must be taken after the operator receives the
results of the prior sampling but no sooner than 7 days after the prior
sampling was conducted.
(b) Corrective actions sampling. Where the most recent sampling
indicates that miner exposures are above the PEL, the mine operator
shall sample after corrective actions are taken pursuant to Sec. 60.13
until the sampling indicates that miner exposures are at or below the
PEL. The mine operator shall immediately report all operator samples
above the PEL to the MSHA District Manager or to any other MSHA office
designated by the District Manager.
(c) Periodic evaluation. At least every 6 months after commencing
sampling under 60.12(a)(1) or whenever there is a change in: production;
processes; installation or maintenance of engineering controls;
installation or maintenance of equipment; administrative controls; or
geological conditions; mine operators shall evaluate whether the change
may reasonably be expected to result in new or increased respirable
crystalline silica exposures. Once the evaluation is completed, the mine
operator shall:
(1) Make a record of the evaluation, including the evaluated change,
the impact on respirable crystalline silica exposure, and the date of
the evaluation; and
(2) Post the record on the mine bulletin board and, if applicable,
by electronic means, for the next 31 days.
(d) Post-evaluation sampling. If the mine operator determines as a
result of the periodic evaluation under paragraph (c) of this section
that miners may be exposed to respirable crystalline silica at or above
the action level, the mine operator shall perform sampling to assess the
full shift, 8-hour TWA exposure of respirable crystalline silica for
each miner who is or may reasonably be expected to be at or above the
action level.
(e) Sampling requirements. (1) Sampling shall be performed for the
duration of a miner's regular full shift and during typical mining
activities, including shaft and slope sinking, construction, and removal
of overburden.
(2) The full-shift, 8-hour TWA exposure for such miners shall be
measured based on:
(i) Personal breathing-zone air samples for metal and nonmetal
operations; or
(ii) Occupational environmental samples collected in accordance with
Sec. 70.201(c), Sec. 71.201(b), or Sec. 90.201(b) of this chapter for
coal operations.
(3) Where several miners perform the same tasks on the same shift
and in the same work area, the mine operator may sample a representative
fraction (at least two) of these miners to meet the requirements in
paragraphs (a) through (e) of this section. In sampling a representative
fraction of miners, the mine operator shall select the miners who are
expected to have the highest exposure to respirable crystalline silica.
(4) The mine operator shall use respirable-particle-size-selective
samplers that conform to ISO 7708:1995(E) to determine compliance with
the PEL. ISO 7708:1995(E), Air quality--Particle size fraction
definitions for health-related sampling, First Edition, 1995-04-01, is
incorporated by reference into this section with the approval of the
Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part
51. This incorporation by reference (IBR) material is available for
inspection at the Mine Safety and Health Administration (MSHA) and at
the National Archives and Records Administration (NARA). Contact MSHA
at: MSHA's Office of Standards, Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202-5450; (202) 693-9440; or any Mine
Safety and Health Enforcement District Office. For information on the
availability of this material at NARA, visit www.archives.gov/federal-
register/cfr/ibr-locations or email . The material
may be obtained from the International Organization for Standardization
(ISO), CP 56, CH-1211 Geneva 20, Switzerland; phone: + 41 22 749 01 11;
fax: + 41 22 733 34 30; website: www.iso.org.
(f) Methods of sample analysis. (1) The mine operator shall use a
laboratory that is accredited to ISO/IEC 17025

[[Page 451]]

``General requirements for the competence of testing and calibration
laboratories'' with respect to respirable crystalline silica analyses,
where the accreditation has been issued by a body that is compliant with
ISO/IEC 17011 ``Conformity assessment--Requirements for accreditation
bodies accrediting conformity assessment bodies.''
(2) The mine operator shall ensure that the laboratory evaluates all
samples using respirable crystalline silica analytical methods specified
by MSHA, the National Institute for Occupational Safety and Health
(NIOSH), or the Occupational Safety and Health Administration (OSHA).
(g) Sampling records. For each sample taken pursuant to paragraphs
(a) through (e) of this section, the mine operator shall make a record
of the sample date, the occupations sampled, and the concentrations of
respirable crystalline silica and respirable dust and post the record
and the laboratory report on the mine bulletin board and, if applicable,
by electronic means, for the next 31 days, upon receipt.

fr.inspection@nara.gov
Sec. 60.13 Corrective actions.

(a) If any sampling indicates that a miner's exposure exceeds the
PEL, the mine operator shall:
(1) Make approved respirators available to affected miners before
the start of the next work shift in accordance with Sec. 60.14(b) and
(c);
(2) Ensure that affected miners wear respirators properly for the
full shift or during the period of overexposure until miner exposures
are at or below the PEL; and
(3) Immediately take corrective actions to lower the concentration
of respirable crystalline silica to at or below the PEL.
(b) Once corrective actions have been taken, the mine operator
shall:
(1) Conduct sampling pursuant to Sec. 60.12(b); and
(2) Take additional or new corrective actions until sampling
indicates miner exposures are at or below the PEL.
(c) The mine operator shall make a record of corrective actions and
the dates of the corrective actions under paragraph (a) of this section.

Sec. 60.14 Respiratory protection.

(a) Temporary use of respirators at metal and nonmetal mines. The
metal and nonmetal mine operator shall use respiratory protection as a
temporary measure in accordance with paragraph (c) of this section when
miners must work in concentrations of respirable crystalline silica
above the PEL while:
(1) Engineering control measures are being developed and
implemented; or
(2) It is necessary by the nature of work involved (for example,
occasional entry into hazardous atmospheres to perform maintenance or
investigation).
(b) Miners unable to wear respirators at all mines. Upon written
determination by a physician or other licensed health care professional
(PLHCP) that an affected miner is unable to wear a respirator, the miner
shall be temporarily transferred either to work in a separate area of
the same mine or to an occupation at the same mine where respiratory
protection is not required.
(1) The affected miner shall continue to receive compensation at no
less than the regular rate of pay in the occupation held by that miner
immediately prior to the transfer.
(2) The affected miner may be transferred back to the miner's
initial work area or occupation when temporary use of respirators under
paragraph (a) of this section or section 60.13 is no longer required.
(c) Respiratory protection requirements at all mines. (1) Affected
miners shall be provided with a NIOSH-approved atmosphere-supplying
respirator or NIOSH-approved air-purifying respirator equipped with the
following:
(i) Particulate protection classified as 100 series under 42 CFR
part 84; or
(ii) Particulate protection classified as High Efficiency ``HE''
under 42 CFR part 84.
(2) When approved respirators are used, the mine operator must have
a written respiratory protection program that meets the following
requirements in accordance with ASTM F3387-19: program administration;
written standard operating procedures; medical evaluation; respirator
selection; training; fit testing; maintenance, inspection, and storage.
ASTM F3387-19,

[[Page 452]]

Standard Practice for Respiratory Protection, approved August 1, 2019,
is incorporated by reference into this section with the approval of the
Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part
51. This incorporation by reference (IBR) material is available for
inspection at the Mine Safety and Health Administration (MSHA) and at
the National Archives and Records Administration (NARA). Contact MSHA
at: MSHA's Office of Standards, Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202-5450; (202) 693-9440; or any Mine
Safety and Health Enforcement District Office. For information on the
availability of this material at NARA, visit www.archives.gov/federal-
register/cfr/ibr-locations or email . The material
may be obtained from ASTM International, 100 Barr Harbor Drive, P.O. Box
C700, West Conshohocken, PA 19428-2959; www.astm.org.

fr.inspection@nara.gov
Sec. 60.15 Medical surveillance for metal and nonmetal mines.

(a) Medical surveillance. Each operator of a metal and nonmetal mine
shall provide to each miner periodic medical examinations performed by a
physician or other licensed health care professional (PLHCP) or
specialist, as defined in Sec. 60.2, at no cost to the miner.
(1) Medical examinations shall be provided at frequencies specified
in this section.
(2) Medical examinations shall include:
(i) A medical and work history, with emphasis on: past and present
exposure to respirable crystalline silica, dust, and other agents
affecting the respiratory system; any history of respiratory system
dysfunction, including diagnoses and symptoms of respiratory disease
(e.g., shortness of breath, cough, wheezing); history of tuberculosis;
and smoking status and history;
(ii) A physical examination with special emphasis on the respiratory
system;
(iii) A chest X-ray (a single posteroanterior radiographic
projection or radiograph of the chest at full inspiration recorded on
either film (no less than 14 x 17 inches and no more than 16 x 17
inches) or digital radiography systems), classified according to the
International Labour Office (ILO) International Classification of
Radiographs of Pneumoconioses by a NIOSH-certified B Reader; and
(iv) A pulmonary function test to include forced vital capacity
(FVC) and forced expiratory volume in one second (FEV) and
FEV/FVC ratio, administered by a spirometry technician with
a current certificate from a NIOSH-approved Spirometry Program Sponsor
or by a pulmonary function technologist with a current credential from
the National Board for Respiratory Care.
(b) Voluntary medical examinations. Each mine operator shall provide
the opportunity to all miners employed at the mine to have the medical
examinations specified in paragraph (a) of this section as follows:
(1) During an initial 12-month period; and
(2) At least every 5 years after the end of the period in paragraph
(b)(1). The medical examinations shall be available during a 6-month
period that begins no less than 3.5 years and not more than 4.5 years
from the end of the last 6-month period.
(c) Mandatory medical examinations. For each miner who begins work
in the mining industry for the first time, the mine operator shall
provide medical examinations specified in paragraph (a) of this section
as follows:
(1) An initial medical examination no later than 60 days after
beginning employment;
(2) A follow-up medical examination no later than 3 years after the
initial examination in paragraph (c)(1) of this section; and
(3) A follow-up medical examination conducted by a specialist no
later than 2 years after the examinations in paragraph (c)(2) of this
section if the chest X-ray shows evidence of pneumoconiosis or the
spirometry examination indicates evidence of decreased lung function.
(d) Medical examinations results. (1) The mine operator shall ensure
that the results of medical examinations or tests made pursuant to this
section shall be provided from the PLHCP or specialist within 30 days of
the medical examination to the miner, and at the

[[Page 453]]

request of the miner, to the miner's designated physician or another
designee identified by the miner.
(2) The mine operator shall ensure that, within 30 days of the
medical examination, the PLHCP or specialist provides the results of
chest X-ray classifications to the National Institute for Occupational
Safety and Health (NIOSH), once NIOSH establishes a reporting system.
(e) Written medical opinion. The mine operator shall obtain a
written medical opinion from the PLHCP or specialist within 30 days of
the medical examination. The written opinion shall contain only the
following:
(1) The date of the medical examination;
(2) A statement that the examination has met the requirements of
this section; and
(3) Any recommended limitations on the miner's use of respirators.
(f) Written medical opinion records. The mine operator shall
maintain a record of the written medical opinions received from the
PLHCP or specialist under paragraph (e) of this section.

11
Sec. 60.16 Recordkeeping requirements.

(a) Table 1 to this paragraph (a) lists the records the mine
operator shall retain and their retention period.
(1) Evaluation records made under Sec. 60.12(c) shall be retained
for at least 5 years from the date of each evaluation.
(2) Sampling records made under Sec. 60.12(g) shall be retained for
at least 5 years from the sample date.
(3) Corrective actions records made under Sec. 60.13(c) shall be
retained for at least 5 years from the date of each corrective action.
These records must be stored with the records of related sampling under
Sec. 60.12(g).
(4) Written determination records received from a PLHCP under Sec.
60.14(b) shall be retained for the duration of the miner's employment
plus 6 months.
(5) Written medical opinion records received from a PLHCP or
specialist under Sec. 60.15(f) shall be retained for the duration of
the miner's employment plus 6 months.

Table 1 to Paragraph (a)--Recordkeeping Requirements
------------------------------------------------------------------------
Section
Record references Retention period
------------------------------------------------------------------------
1. Evaluation records.......... Sec. At least 5 years from
60.12(c) date of each
evaluation.
2. Sampling records............ Sec. At least 5 years from
60.12(g) sample date.
3. Corrective actions records.. Sec. At least 5 years from
60.13(c) date of each
corrective action.
4. Written determination Sec. Duration of miner's
records received from a PLHCP. 60.14(b) employment plus 6
months.
5. Written medical opinion Sec. Duration of miner's
records received from a PLHCP 60.15(f) employment plus 6
or specialist. months.
------------------------------------------------------------------------

(b) Upon request from an authorized representative of the Secretary,
from an authorized representative of miners, or from miners, mine
operators shall promptly provide access to any record listed in this
section.

Sec. 60.17 Severability.

Each section of this part, as well as sections in 30 CFR parts 56,
57, 70, 71, 72, 75, and 90 that address respirable crystalline silica or
respiratory protection, is separate and severable from the other
sections and provisions. If any provision of this subpart is held to be
invalid or unenforceable by its terms, or as applied to any person,
entity, or circumstance, or is stayed or enjoined, that provision shall
be construed so as to continue to give the maximum effect to the
provision permitted by law, unless such holding shall be one of utter
invalidity or unenforceability, in which event the provision shall be
severable from these sections and shall not affect the remainder
thereof.

PART 62_OCCUPATIONAL NOISE EXPOSURE--Table of Contents

Sec.
62.100 Purpose and scope; effective date.
62.101 Definitions.
62.110 Noise exposure assessment.
62.120 Action level.
62.130 Permissible exposure level.
62.140 Dual hearing protection level.

[[Page 454]]

62.150 Hearing conservation program.
62.160 Hearing protectors.
62.170 Audiometric testing.
62.171 Audiometric test procedures.
62.172 Evaluation of audiograms.
62.173 Follow-up evaluation when an audiogram is invalid.
62.174 Follow-up corrective measures when a standard threshold shift is
detected.
62.175 Notification of results; reporting requirements.
62.180 Training.
62.190 Records.

Appendix to Part 62

Authority: 30 U.S.C. 811.

Source: 64 FR 49630, Sept. 13, 1999, unless otherwise noted.

Sec. 62.100 Purpose and scope; effective date.

The purpose of these standards is to prevent the occurrence and
reduce the progression of occupational noise-induced hearing loss among
miners. This part sets forth mandatory health standards for each surface
and underground metal, nonmetal, and coal mine subject to the Federal
Mine Safety and Health Act of 1977. The provisions of this part become
effective September 13, 2000.

Sec. 62.101 Definitions.

The following definitions apply in this part:
Access. The right to examine and copy records.
Action level. An 8-hour time-weighted average sound level
(TWA) of 85 dBA, or equivalently a dose of 50%, integrating
all sound levels from 80 dBA to at least 130 dBA.
Audiologist. A professional, specializing in the study and
rehabilitation of hearing, who is certified by the American Speech-
Language-Hearing Association (ASHA) or licensed by a state board of
examiners.
Baseline audiogram. The audiogram recorded in accordance with Sec.
62.170(a) of this part against which subsequent audiograms are compared
to determine the extent of hearing loss.
Criterion level. The sound level which if constantly applied for 8
hours results in a dose of 100% of that permitted by the standard.
Decibel (dB). A unit of measure of sound pressure levels, defined in
one of two ways, depending upon the use:
(1) For measuring sound pressure levels, the decibel is 20 times the
common logarithm of the ratio of the measured sound pressure to the
standard reference sound pressure of 20 micropascals ([micro]Pa), which
is the threshold of normal hearing sensitivity at 1000 Hertz (Hz).
(2) For measuring hearing threshold levels, the decibel is the
difference between audiometric zero (reference pressure equal to 0
hearing threshold level) and the threshold of hearing of the individual
being tested at each test frequency.
Dual Hearing Protection Level. A TWA of 105 dBA, or
equivalently, a dose of 800% of that permitted by the standard,
integrating all sound levels from 90 dBA to at least 140 dBA.
Exchange rate. The amount of increase in sound level, in decibels,
which would require halving of the allowable exposure time to maintain
the same noise dose. For the purposes of this part, the exchange rate is
5 decibels (5 dB).
Hearing protector. Any device or material, capable of being worn on
the head or in the ear canal, sold wholly or in part on the basis of its
ability to reduce the level of sound entering the ear, and which has a
scientifically accepted indicator of noise reduction value.
Hertz (Hz). Unit of measurement of frequency numerically equal to
cycles per second.
Medical pathology. A condition or disease affecting the ear.
Miner's designee. Any individual or organization to whom a miner
gives written authorization to exercise a right of access to records.
Qualified technician. A technician who has been certified by the
Council for Accreditation in Occupational Hearing Conservation (CAOHC),
or by another recognized organization offering equivalent certification.
Permissible exposure level. A TWA of 90 dBA or
equivalently a dose of 100% of that permitted by the standard,
integrating all sound levels from 90 dBA to at least 140 dBA.
Reportable hearing loss. A change in hearing sensitivity for the
worse, relative to the miner's baseline audiogram, or the miner's
revised baseline

[[Page 455]]

audiogram where one has been established in accordance with Sec.
62.170(c)(2), of an average of 25 dB or more at 2000, 3000, and 4000 Hz
in either ear.
Revised baseline audiogram. An annual audiogram designated to be
used in lieu of a miner's original baseline audiogram in measuring
changes in hearing sensitivity as a result of the circumstances set
forth in Sec. Sec. 62.170(c)(1) or 62.170(c)(2) of this part.
Sound level. The sound pressure level in decibels measured using the
A-weighting network and a slow response, expressed in the unit dBA.
Standard threshold shift. A change in hearing sensitivity for the
worse relative to the miner's baseline audiogram, or relative to the
most recent revised baseline audiogram where one has been established,
of an average of 10 dB or more at 2000, 3000, and 4000 Hz in either ear.
Time-weighted average-8 hour (TWA8). The sound level which, if
constant over 8 hours, would result in the same noise dose as is
measured.

888
Sec. 62.110 Noise exposure assessment.

(a) The mine operator must establish a system of monitoring that
evaluates each miner's noise exposure sufficiently to determine
continuing compliance with this part.
(b) The mine operator must determine a miner's noise dose (D, in
percent) by using a noise dosimeter or by computing the formula: D =
100(C/T + C/T + . . . .
+ C/T), where Cn is the total time the miner is
exposed at a specified sound level, and T is the reference
duration of exposure at that sound level shown in Table 62-1.
(1) The mine operator must use Table 62-2 when converting from dose
readings to equivalent TWA readings.
(2) A miner's noise dose determination must:
(i) Be made without adjustment for the use of any hearing protector;
(ii) Integrate all sound levels over the appropriate range;
(iii) Reflect the miner's full work shift;
(iv) Use a 90-dB criterion level and a 5-dB exchange rate; and
(v) Use the A-weighting and slow response instrument settings.
(c) Observation of monitoring. The mine operator must provide
affected miners and their representatives with an opportunity to observe
noise exposure monitoring required by this section and must give prior
notice of the date and time of intended exposure monitoring to affected
miners and their representatives.
(d) Miner notification. The mine operator must notify a miner of his
or her exposure when the miner's exposure is determined to equal or
exceed the action level, exceed the permissible exposure level, or
exceed the dual hearing protection level, provided the mine operator has
not notified the miner of an exposure at such level within the prior 12
months. The mine operator must base the notification on an exposure
evaluation conducted either by the mine operator or by an authorized
representative of the Secretary of Labor. The mine operator must notify
the miner in writing within 15 calendar days of:
(1) The exposure determination; and (2) the corrective action being
taken.
(e) The mine operator must maintain a copy of any such miner
notification, or a list on which the relevant information about that
miner's notice is recorded, for the duration of the affected miner's
exposure at or above the action level and for at least 6 months
thereafter.

1122nnn8
Sec. 62.120 Action level.

If during any work shift a miner's noise exposure equals or exceeds
the action level the mine operator must enroll the miner in a hearing
conservation program that complies with Sec. 62.150 of this part.

Sec. 62.130 Permissible exposure level.

(a) The mine operator must assure that no miner is exposed during
any work shift to noise that exceeds the permissible exposure level. If
during any work shift a miner's noise exposure exceeds the permissible
exposure level, the mine operator must use all feasible engineering and
administrative controls to reduce the miner's noise exposure to the
permissible exposure level, and enroll the miner in a hearing
conservation program that complies with Sec. 62.150 of this part.

[[Page 456]]

When a mine operator uses administrative controls to reduce a miner's
exposure, the mine operator must post the procedures for such controls
on the mine bulletin board and provide a copy to the affected miner.
(b) If a miner's noise exposure continues to exceed the permissible
exposure level despite the use of all feasible engineering and
administrative controls, the mine operator must continue to use the
engineering and administrative controls to reduce the miner's noise
exposure to as low a level as is feasible.
(c) The mine operator must assure that no miner is exposed at any
time to sound levels exceeding 115 dBA, as determined without adjustment
for the use of any hearing protector.

Sec. 62.140 Dual hearing protection level.

If during any work shift a miner's noise exposure exceeds the dual
hearing protection level, the mine operator must, in addition to the
actions required for noise exposures that exceed the permissible
exposure level, provide and ensure the concurrent use of both an ear
plug and an ear muff type hearing protector. The following table sets
out mine operator actions under MSHA's noise standard.

----------------------------------------------------------------------------------------------------------------
Provision Condition Action required by the mine operator
----------------------------------------------------------------------------------------------------------------
Sec. 62.120....................... Miner's noise exposure is None.
less than the action
level.
Sec. 62.120....................... Miner's exposure equals Operator enrolls the miner in hearing
or exceeds the action conservation program (HCP) which includes (1)
level, but does not a system of monitoring, (2) voluntary, with
exceed the permissible two exceptions, use of operator-provided
exposure level (PEL). hearing protectors, (3) voluntary audiometric
testing, (4) training, and (5) record keeping.
Sec. 62.130....................... Miner's exposure exceeds Operator uses/continues to use all feasible
the PEL. engineering and administrative controls to
reduce exposure to PEL; enrolls the miner in a
HCP including ensured use of operator-provided
hearing protectors; posts administrative
controls and provides copy to affected miner;
must never permit a miner to be exposed to
sound levels exceeding 115 dBA.
Sec. 62.140....................... Miner's exposure exceeds Operator enrolls the miner in a HCP, continues
the dual hearing to meet all the requirements of Sec. 62.130,
protection level. ensures concurrent use of earplug and earmuff.
----------------------------------------------------------------------------------------------------------------

Sec. 62.150 Hearing conservation program.

A hearing conservation program established under this part must
include:
(a) A system of monitoring under Sec. 62.110 of this part;
(b) The provision and use of hearing protectors under Sec. 62.160
of this part;
(c) Audiometric testing under Sec. Sec. 62.170 through 62.175 of
this part;
(d) Training under Sec. 62.180 of this part; and
(e) Recordkeeping under Sec. 62.190 of this part.

Sec. 62.160 Hearing protectors.

(a) A mine operator must provide a hearing protector to a miner
whose noise exposure equals or exceeds the action level under Sec.
62.120 of this part. In addition, the mine operator must:
(1) Train the miner in accordance with Sec. 62.180 of this part;
(2) Allow the miner to choose a hearing protector from at least two
muff types and two plug types, and in the event dual hearing protectors
are required, to choose one of each type;
(3) Ensure that the hearing protector is in good condition and is
fitted and maintained in accordance with the manufacturer's
instructions;
(4) Provide the hearing protector and necessary replacements at no
cost to the miner; and
(5) Allow the miner to choose a different hearing protector(s), if
wearing the selected hearing protector(s) is subsequently precluded due
to medical pathology of the ear.
(b) The mine operator must ensure, after satisfying the requirements
of paragraph (a) of this section, that a miner wears a hearing protector
whenever the miner's noise exposure exceeds the permissible exposure
level before the implementation of engineering and administrative
controls, or if the miner's noise exposure continues to exceed the
permissible exposure level despite the use of all feasible engineering
and administrative controls.

[[Page 457]]

(c) The mine operator must ensure, after satisfying the requirements
of paragraph (a) of this section, that a miner wears a hearing protector
when the miner's noise exposure is at or above the action level, if:
(1) The miner has incurred a standard threshold shift; or
(2) More than 6 months will pass before the miner can take a
baseline audiogram.

Sec. 62.170 Audiometric testing.

The mine operator must provide audiometric tests to satisfy the
requirements of this part at no cost to the miner. A physician or an
audiologist, or a qualified technician under the direction or
supervision of a physician or an audiologist must conduct the tests.
(a) Baseline audiogram. The mine operator must offer miners the
opportunity for audiometric testing of the miner's hearing sensitivity
for the purpose of establishing a valid baseline audiogram to compare
with subsequent annual audiograms. The mine operator may use an existing
audiogram of the miner's hearing sensitivity as the baseline audiogram
if it meets the audiometric testing requirements of Sec. 62.171 of this
part.
(1) The mine operator must offer and provide within 6 months of
enrolling the miner in a hearing conservation program, audiometric
testing which results in a valid baseline audiogram, or offer and
provide the testing within 12 months where the operator uses mobile test
vans to do the testing.
(2) The mine operator must notify the miner to avoid high levels of
noise for at least 14 hours immediately preceding the baseline
audiogram. The mine operator must not expose the miner to workplace
noise for the 14-hour quiet period before conducting the audiometric
testing to determine a baseline audiogram. The operator may substitute
the use of hearing protectors for this quiet period.
(3) The mine operator must not establish a new baseline audiogram or
a new revised baseline audiogram, where one has been established, due to
changes in enrollment status in the hearing conservation program. The
mine operator may establish a new baseline or revised baseline audiogram
for a miner who is away from the mine for more than 6 consecutive
months.
(b) Annual audiogram. After the baseline audiogram is established,
the mine operator must continue to offer subsequent audiometric tests at
intervals not exceeding 12 months for as long as the miner remains in
the hearing conservation program.
(c) Revised baseline audiogram. An annual audiogram must be deemed
to be a revised baseline audiogram when, in the judgment of the
physician or audiologist:
(1) A standard threshold shift revealed by the audiogram is
permanent; or (2) The hearing threshold shown in the annual audiogram
indicates significant improvement over the baseline audiogram.

Sec. 62.171 Audiometric test procedures.

(a) All audiometric testing under this part must be conducted in
accordance with scientifically validated procedures. Audiometric tests
must be pure tone, air conduction, hearing threshold examinations, with
test frequencies including 500, 1000, 2000, 3000, 4000, and 6000 Hz.
Each ear must be tested separately.
(b) The mine operator must compile an audiometric test record for
each miner tested. The record must include:
(1) Name and job classification of the miner tested;
(2) A copy of all of the miner's audiograms conducted under this
part;
(3) Evidence that the audiograms were conducted in accordance with
paragraph (a) of this section;
(4) Any exposure determination for the miner conducted in accordance
with Sec. 62.110 of this part; and
(5) The results of follow-up examination(s), if any.
(c) The operator must maintain audiometric test records for the
duration of the affected miner's employment, plus at least 6 months, and
make the records available for inspection by an authorized
representative of the Secretary of Labor.

Sec. 62.172 Evaluation of audiograms.

(a) The mine operator must:
(1) Inform persons evaluating audiograms of the requirements of this

[[Page 458]]

part and provide those persons with a copy of the miner's audiometric
test records;
(2) Have a physician or an audiologist, or a qualified technician
who is under the direction or supervision of a physician or audiologist:
(i) Determine if the audiogram is valid; and
(ii) Determine if a standard threshold shift or a reportable hearing
loss, as defined in this part, has occurred.
(3) Instruct the physician, audiologist, or qualified technician not
to reveal to the mine operator, without the written consent of the
miner, any specific findings or diagnoses unrelated to the miner's
hearing loss due to occupational noise or the wearing of hearing
protectors; and
(4) Obtain the results and the interpretation of the results of
audiograms conducted under this part within 30 calendar days of
conducting the audiogram.
(b)(1) The mine operator must provide an audiometric retest within
30 calendar days of receiving a determination that an audiogram is
invalid, provided any medical pathology has improved to the point that a
valid audiogram may be obtained.
(2) If an annual audiogram demonstrates that the miner has incurred
a standard threshold shift or reportable hearing loss, the mine operator
may provide one retest within 30 calendar days of receiving the results
of the audiogram and may use the results of the retest as the annual
audiogram.
(c) In determining whether a standard threshold shift or reportable
hearing loss has occurred, allowance may be made for the contribution of
aging (presbycusis) to the change in hearing level. The baseline, or the
revised baseline as appropriate, and the annual audiograms used in
making the determination should be adjusted according to the following
procedure:
(1) Determine from Tables 62-3 or 62-4 the age correction values for
the miner by:
(i) Finding the age at which the baseline audiogram or revised
baseline audiogram, as appropriate, was taken, and recording the
corresponding values of age corrections at 2000, 3000, and 4000 Hz;
(ii) Finding the age at which the most recent annual audiogram was
obtained and recording the corresponding values of age corrections at
2000, 3000, and 4000 Hz; and
(iii) Subtracting the values determined in paragraph (c)(1)(i) of
this section from the values determined in paragraph (c)(1)(ii) of this
section. The differences calculated represent that portion of the change
in hearing that may be due to aging.
(2) Subtract the values determined in paragraph (c)(1)(iii) of this
section from the hearing threshold levels found in the annual audiogram
to obtain the adjusted annual audiogram hearing threshold levels.
(3) Subtract the hearing threshold levels in the baseline audiogram
or revised baseline audiogram from the adjusted annual audiogram hearing
threshold levels determined in paragraph (c)(2) of this section to
obtain the age-corrected threshold shifts.

Sec. 62.173 Follow-up evaluation when an audiogram is invalid.

(a) If a valid audiogram cannot be obtained due to a suspected
medical pathology of the ear that the physician or audiologist believes
was caused or aggravated by the miner's occupational exposure to noise
or the wearing of hearing protectors, the mine operator must refer the
miner for a clinical-audiological evaluation or an otological
examination, as appropriate, at no cost to the miner.
(b) If a valid audiogram cannot be obtained due to a suspected
medical pathology of the ear that the physician or audiologist concludes
is unrelated to the miner's occupational exposure to noise or the
wearing of hearing protectors, the mine operator must instruct the
physician or audiologist to inform the miner of the need for an
otological examination.
(c) The mine operator must instruct the physician, audiologist, or
qualified technician not to reveal to the mine operator, without the
written consent of the miner, any specific findings or diagnoses
unrelated to the miner's occupational exposure to noise or the wearing
of hearing protectors.

[[Page 459]]

Sec. 62.174 Follow-up corrective measures when a standard threshold shift
is detected.

The mine operator must, within 30 calendar days of receiving
evidence or confirmation of a standard threshold shift, unless a
physician or audiologist determines the standard threshold shift is
neither work-related nor aggravated by occupational noise exposure:
(a) Retrain the miner, including the instruction required by Sec.
62.180 of this part;
(b) Provide the miner with the opportunity to select a hearing
protector, or a different hearing protector if the miner has previously
selected a hearing protector, from among those offered by the mine
operator in accordance with Sec. 62.160 of this part; and
(c) Review the effectiveness of any engineering and administrative
controls to identify and correct any deficiencies.

Sec. 62.175 Notification of results; reporting requirements.

(a) The mine operator must, within 10 working days of receiving the
results of an audiogram, or receiving the results of a follow-up
evaluation required under Sec. 62.173 of this part, notify the miner in
writing of:
(1) The results and interpretation of the audiometric test,
including any finding of a standard threshold shift or reportable
hearing loss; and
(2) The need and reasons for any further testing or evaluation, if
applicable.
(b) When evaluation of the audiogram shows that a miner has incurred
a reportable hearing loss as defined in this part, the mine operator
must report such loss to MSHA as a noise-induced hearing loss in
accordance with part 50 of this title, unless a physician or audiologist
has determined that the loss is neither work-related nor aggravated by
occupational noise exposure.

Sec. 62.180 Training.

(a) The mine operator must, within 30 days of a miner's enrollment
into a hearing conservation program, provide the miner with training.
The mine operator must give training every 12 months thereafter if the
miner's noise exposure continues to equal or exceed the action level.
Training must include:
(1) The effects of noise on hearing;
(2) The purpose and value of wearing hearing protectors;
(3) The advantages and disadvantages of the hearing protectors to be
offered;
(4) The various types of hearing protectors offered by the mine
operator and the care, fitting, and use of each type;
(5) The general requirements of this part;
(6) The mine operator's and miner's respective tasks in maintaining
mine noise controls; and
(7) The purpose and value of audiometric testing and a summary of
the procedures.
(b) The mine operator must certify the date and type of training
given each miner, and maintain the miner's most recent certification for
as long as the miner is enrolled in the hearing conservation program and
for at least 6 months thereafter.

Sec. 62.190 Records.

(a) The authorized representatives of the Secretaries of Labor and
Health and Human Services must have access to all records required under
this part. Upon written request, the mine operator must provide, within
15 calendar days of the request, access to records to:
(1) The miner, or with the miner's written consent, the miner's
designee, for all records that the mine operator must maintain for that
individual miner under this part;
(2) Any representative of miners designated under part 40 of this
title, to training certifications compiled under Sec. 62.180(b) of this
part and to any notice of exposure determination under Sec. 62.110(d)
of this part, for the miners whom he or she represents; and
(3) Any former miner, for records which indicate his or her own
exposure.
(b) When a person with access to records under paragraphs (a)(1),
(a)(2), or (a)(3) of this section requests a copy of a record, the mine
operator must provide the first copy of such record at no cost to that
person, and any additional copies requested by that person at reasonable
cost.

[[Page 460]]

(c) Transfer of records. (1) The mine operator must transfer all
records required to be maintained by this part, or a copy thereof, to a
successor mine operator who must maintain the records for the time
period required by this part.
(2) The successor mine operator must use the baseline audiogram, or
revised baseline audiogram, as appropriate, obtained by the original
mine operator to determine the existence of a standard threshold shift
or reportable hearing loss.

Sec. Appendix to Part 62

Table 62-1--Reference Duration
------------------------------------------------------------------------
dBA T (hours)
------------------------------------------------------------------------
80........................................................ 32.0
85........................................................ 16.0
86........................................................ 13.9
87........................................................ 12.1
88........................................................ 10.6
89........................................................ 9.2
90........................................................ 8.0
91........................................................ 7.0
92........................................................ 6.1
93........................................................ 5.3
94........................................................ 4.6
95........................................................ 4.0
96........................................................ 3.5
97........................................................ 3.0
98........................................................ 2.6
99........................................................ 2.3
100....................................................... 2.0
101....................................................... 1.7
102....................................................... 1.5
103....................................................... 1.3
104....................................................... 1.1
105....................................................... 1.0
106....................................................... 0.87
107....................................................... 0.76
108....................................................... 0.66
109....................................................... 0.57
110....................................................... 0.50
111....................................................... 0.44
112....................................................... 0.38
113....................................................... 0.33
114....................................................... 0.29
115....................................................... 0.25
------------------------------------------------------------------------
At no time shall any excursion exceed 115 dBA. For any value, the
reference duration (T) in hours is computed by: T = 8/2(L-90)/5 where
L is the measured A-weighted, slow-response sound pressure level.

Table 62-2--``Dose''TWA 8 Equivalent
------------------------------------------------------------------------
TWA\8\
Dose (percent)
------------------------------------------------------------------------
25........................................................... 80
29........................................................... 81
33........................................................... 82
38........................................................... 83
44........................................................... 84
50........................................................... 85
57........................................................... 86
66........................................................... 87
76........................................................... 88
87........................................................... 89
100.......................................................... 90
115.......................................................... 91
132.......................................................... 92
152.......................................................... 93
174.......................................................... 94
200.......................................................... 95
230.......................................................... 96
264.......................................................... 97
303.......................................................... 98
350.......................................................... 99
400.......................................................... 100
460.......................................................... 101
530.......................................................... 102
610.......................................................... 103
700.......................................................... 104
800.......................................................... 105
920.......................................................... 106
1056......................................................... 107
1213......................................................... 108
1393......................................................... 109
1600......................................................... 110
1838......................................................... 111
2111......................................................... 112
2425......................................................... 113
2786......................................................... 114
3200......................................................... 115
------------------------------------------------------------------------
Interpolate between the values found in this Table, or extend the Table,
by using the formula: TWA8 = 16.61 log10 (D/100) + 90.

Table 62-3--Age Correction Value in Decibels for Males (Selected
Frequencies)
------------------------------------------------------------------------
kHz
Age (years) -----------------------
2 3 4
------------------------------------------------------------------------
20 or less...................................... 3 4 5
21.............................................. 3 4 5
22.............................................. 3 4 5
23.............................................. 3 4 6
24.............................................. 3 5 6
25.............................................. 3 5 7
26.............................................. 4 5 7
27.............................................. 4 6 7
28.............................................. 4 6 8
29.............................................. 4 6 8
30.............................................. 4 6 9
31.............................................. 4 7 9
32.............................................. 5 7 10
33.............................................. 5 7 10
34.............................................. 5 8 11
35.............................................. 5 8 11
36.............................................. 5 9 12
37.............................................. 6 9 12
38.............................................. 6 9 13
39.............................................. 6 10 14
40.............................................. 6 10 14
41.............................................. 6 10 14
42.............................................. 7 11 16
43.............................................. 7 12 16
44.............................................. 7 12 17
45.............................................. 7 13 18
46.............................................. 8 13 19
47.............................................. 8 14 19
48.............................................. 8 14 20
49.............................................. 9 15 21

[[Page 461]]

50.............................................. 9 16 22
51.............................................. 9 16 23
52.............................................. 10 17 24
53.............................................. 10 18 25
54.............................................. 10 18 26
55.............................................. 11 19 27
56.............................................. 11 20 28
57.............................................. 11 21 29
58.............................................. 12 22 31
59.............................................. 12 22 32
60 or more...................................... 13 23 33
------------------------------------------------------------------------

Table 62-4--Age Correction Value in Decibels for Females (Selected
Frequencies)
------------------------------------------------------------------------
kHz
Age (years) -----------------------
2 3 4
------------------------------------------------------------------------
20 or less...................................... 4 3 3
21.............................................. 4 4 3
22.............................................. 4 4 4
23.............................................. 5 4 4
24.............................................. 5 4 4
25.............................................. 5 4 4
26.............................................. 5 5 4
27.............................................. 5 5 5
28.............................................. 5 5 5
29.............................................. 5 5 5
30.............................................. 6 5 5
31.............................................. 6 6 5
32.............................................. 6 6 6
33.............................................. 6 6 6
34.............................................. 6 6 6
35.............................................. 6 7 7
36.............................................. 7 7 7
37.............................................. 7 7 7
38.............................................. 7 7 7
39.............................................. 7 8 8
40.............................................. 7 8 8
41.............................................. 8 8 8
42.............................................. 8 9 9
43.............................................. 8 9 9
44.............................................. 8 9 9
45.............................................. 8 10 10
46.............................................. 9 10 10
47.............................................. 9 10 11
48.............................................. 9 11 11
49.............................................. 9 11 11
50.............................................. 10 11 12
51.............................................. 10 11 12
52.............................................. 10 12 13
53.............................................. 10 13 13
54.............................................. 11 13 14
55.............................................. 11 14 14
56.............................................. 11 14 15
57.............................................. 11 15 15
58.............................................. 12 15 16
59.............................................. 12 16 16
60 or more...................................... 12 16 17
------------------------------------------------------------------------

[64 FR 49630, Sept. 13, 1999, as amended at 65 FR 66929, Nov. 8, 2000]

SUBCHAPTER N [RESERVED]

[[Page 462]]

SUBCHAPTER O_COAL MINE SAFETY AND HEALTH

PART 70_MANDATORY HEALTH STANDARDS_UNDERGROUND COAL MINES--Table of Contents

Subpart A_General

Sec.
70.1 Scope.
70.2 Definitions.

Subpart B_Dust Standards

70.100 Respirable dust standards.
70.101 Respirable dust standard when quartz is present.

Subpart C_Sampling Procedures

70.201 Sampling; general and technical requirements.
70.202 Certified person; sampling.
70.203 Certified person; maintenance and calibration.
70.204 Approved sampling devices; maintenance and calibration.
70.205 Approved sampling devices; operation; air flowrate.
70.205T Approved sampling devices; operation; air flowrate.
70.206 Bimonthly sampling; mechanized mining units.
70.207 Bimonthly sampling; designated areas.
70.208 Quarterly sampling; mechanized mining units.
70.208T Quarterly sampling; mechanized mining units.
70.209 Quarterly sampling; designated areas.
70.209T Quarterly sampling; designated areas.
70.210 Respirable dust samples; transmission by operator.
70.211 Respirable dust samples; report to operator; posting.
70.212 Status change reports.

Table 70-1 to Subpart C of Part 70--Excessive Concentration Values (ECV)
Based on Single, Full-Shift CMDPSU/CPDM Concentration
Measurements
Table 70-2 to Subpart C of Part 70--Excessive Concentration Values (ECV)
Based on the Average of 5 or 15 Full-Shift CMDPSU/CPDM
Concentration Measurements

Subpart D [Reserved]

Subpart E--Dust From Drilling Rock [Reserved]

Subparts F-S [Reserved]

Subpart T_Diesel Exhaust Gas Monitoring

70.1900 Exhaust Gas Monitoring.

Authority: 30 U.S.C. 811, 813(h), 957.

Source: 59 FR 8327, Feb 18, 1994, unless otherwise noted.

Subpart A_General

Source: 79 FR 24972, May 1, 2014, unless otherwise noted.

Sec. 70.1 Scope.

This part 70 sets forth mandatory health standards for each
underground coal mine subject to the Federal Mine Safety and Health Act
of 1977, as amended.

Sec. 70.2 Definitions.

The following definitions apply in this part.
Act. The Federal Mine Safety and Health Act of 1977, Public Law 91-
173, as amended by Public Law 95-164 and Public Law 109-236.
Active workings. Any place in a coal mine where miners are normally
required to work or travel.
Approved sampling device. A sampling device approved by the
Secretary and Secretary of Health and Human Services (HHS) under part 74
of this title.
Certified person. An individual certified by the Secretary in
accordance with Sec. 70.202 to take respirable dust samples required by
this part or certified in accordance with Sec. 70.203 to perform the
maintenance and calibration of respirable dust sampling equipment as
required by this part.
Coal mine dust personal sampler unit (CMDPSU). A personal sampling
device approved under part 74, subpart B, of this title.
Concentration. A measure of the amount of a substance contained per
unit volume of air.
Continuous personal dust monitor (CPDM). A personal sampling device
approved under part 74, subpart C of this title.
Designated area (DA). A specific location in the mine identified by
the operator in the mine ventilation plan under

[[Page 463]]

Sec. 75.371(t) of this title where samples will be collected to measure
respirable dust generation sources in the active workings; approved by
the District Manager; and assigned a four-digit identification number by
MSHA.
Designated occupation (DO). The occupation on a mechanized mining
unit (MMU) that has been determined by results of respirable dust
samples to have the greatest respirable dust concentration.
District Manager. The manager of the Coal Mine Safety and Health
District in which the mine is located.
Equivalent concentration. The concentration of respirable coal mine
dust, including quartz, expressed in milligrams per cubic meter of air
(mg/m\3\) as measured with an approved sampling device, determined by
dividing the weight of dust in milligrams collected on the filter of an
approved sampling device by the volume of air in cubic meters passing
through the filter (sampling time in minutes (t) times the sampling
airflow rate in cubic meters per minute), and then converting that
concentration to an equivalent concentration as measured by the Mining
Research Establishment (MRE) instrument. When the approved sampling
device is:
(1) The CMDPSU, the equivalent concentration is determined by
multiplying the concentration of respirable coal mine dust by the
constant factor prescribed by the Secretary.
(2) The CPDM, the device shall be programmed to automatically report
end-of-shift concentration measurements as equivalent concentrations.
Mechanized mining unit (MMU). A unit of mining equipment including
hand loading equipment used for the production of material; or a
specialized unit which uses mining equipment other than specified in
Sec. 70.206(b) or in Sec. 70.208(b) of this part. Each MMU will be
assigned a four-digit identification number by MSHA, which is retained
by the MMU regardless of where the unit relocates within the mine.
However, when:
(1) Two sets of mining equipment are used in a series of working
places within the same working section and only one production crew is
employed at any given time on either set of mining equipment, the two
sets of equipment shall be identified as a single MMU.
(2) Two or more sets of mining equipment are simultaneously engaged
in cutting, mining, or loading coal or rock from working places within
the same working section, each set of mining equipment shall be
identified as a separate MMU.
MRE instrument. The gravimetric dust sampler with a four channel
horizontal elutriator developed by the Mining Research Establishment of
the National Coal Board, London, England.
MSHA. The Mine Safety and Health Administration of the U.S.
Department of Labor.
Normal production shift. A production shift during which the amount
of material produced by an MMU is at least equal to 80 percent of the
average production recorded by the operator for the most recent 30
production shifts or for all production shifts if fewer than 30 shifts
of production data are available.
Other designated occupation (ODO). Other occupation on an MMU that
is designated for sampling required by this part in addition to the DO.
Each ODO shall be identified by a four-digit identification number
assigned by MSHA.
Production shift. With regard to an MMU, a shift during which
material is produced; with regard to a DA of a mine, a shift during
which material is produced and routine day-to-day activities are
occurring in the DA.
Quartz. Crystalline silicon dioxide (SiO) not chemically
combined with other substances and having a distinctive physical
structure.
Representative sample. A respirable dust sample, expressed as an
equivalent concentration, that reflects typical dust concentration
levels and with regard to an MMU, normal mining activities in the active
workings during which the amount of material produced is equivalent to a
normal production shift; or with regard to a DA, material is produced
and routine-day-to-day activities are occurring.
Respirable dust. Dust collected with a sampling device approved by
the Secretary and the Secretary of HHS in accordance with part 74 (Coal
Mine Dust Sampling Devices) of this title.

[[Page 464]]

Secretary. The Secretary of Labor or a delegate.
Valid respirable dust sample. A respirable dust sample collected and
submitted as required by this part, including any sample for which the
data were electronically transmitted to MSHA, and not voided by MSHA.

Effective Date Note: At 89 FR 28473, Apr. 18, 2024, Sec. 70.2 was
amended by removing the definition of ``Quartz,'' effective Apr. 14,
2025.

2
Subpart B_Dust Standards

Source: 79 FR 24973, May 1, 2014, unless otherwise noted.

Sec. 70.100 Respirable dust standards.

(a) Each operator shall continuously maintain the average
concentration of respirable dust in the mine atmosphere during each
shift to which each miner in the active workings of each mine is
exposed, as measured with an approved sampling device and expressed in
terms of an equivalent concentration, at or below:
(1) 2.0 milligrams of respirable dust per cubic meter of air (mg/
m\3\).
(2) 1.5 mg/m\3\ as of August 1, 2016.
(b) Each operator shall continuously maintain the average
concentration of respirable dust within 200 feet outby the working faces
of each section in the intake airways as measured with an approved
sampling device and expressed in terms of an equivalent concentration at
or below:
(1) 1.0 mg/m\3\.
(2) 0.5 mg/m\3\ as of August 1, 2016.

Sec. 70.101 Respirable dust standard when quartz is present.

Example: Assume the sampled MMU or DA is on a 1.5-mg/m\3\ dust
standard. Suppose a valid representative dust sample with an equivalent
concentration of 1.12 mg/m\3\ contains 12.3% of quartz dust, which
corresponds to a quartz concentration of 138 [micro]g/m\3\. Therefore,
the average concentration of respirable dust in the mine atmosphere
associated with that MMU or DA shall be maintained on each shift at or
below 0.8 mg/m\3\ (10/12.3% = 0.8 mg/m\3\).

Effective Date Note: At 89 FR 28473, Apr. 18, 2024, Sec. 70.101 was
removed and reserved, effective Apr. 14, 2025.

Subpart C_Sampling Procedures

Source: 79 FR 24974, May 1, 2014, unless otherwise noted.

Sec. 70.201 Sampling; general and technical requirements.

(a) Only an approved coal mine dust personal sampler unit (CMDPSU)
shall be used to take bimonthly samples of the concentration of
respirable coal mine dust from the designated occupation (DO) in each
MMU as required by this part until January 31, 2016. On February 1,
2016, DOs in each MMU shall be sampled quarterly with an approved CPDM
as required by this part and an approved CMDPSU shall not be used,
unless notified by the Secretary to continue to use an approved CMDPSU
to conduct quarterly sampling.
(b) Only an approved CMDPSU shall be used to take bimonthly samples
of the concentration of respirable coal mine dust from each designated
area (DA) as required by this part until January 31, 2016. On February
1, 2016:
(1) DAs associated with an MMU shall be redesignated as Other
Designated Occupations (ODO). ODOs shall be sampled quarterly with an
approved CPDM as required by this part and an

[[Page 465]]

approved CMDPSU shall not be used, unless notified by the Secretary to
continue to use an approved CMDPSU to conduct quarterly sampling.
(2) DAs identified by the operator under Sec. 75.371(t) of this
chapter shall be sampled quarterly with an approved CMDPSU as required
by this part, unless the operator notifies the District Manager in
writing that only an approved CPDM will be used for all DA sampling at
the mine. The notification must be received at least 90 days before the
beginning of the quarter in which CPDMs will be used to collect the DA
samples.
(c) Sampling devices shall be worn or carried directly to the MMU or
DA to be sampled and from the MMU or DA sampled and shall be operated
portal-to-portal. Sampling devices shall remain with the occupation or
DA being sampled and shall be operational during the entire shift, which
includes the total time spent in the MMU or DA and while traveling to
and from the mining section or area being sampled. If the work shift to
be sampled is longer than 12 hours and the sampling device is:
(1) A CMDPSU, the operator shall switch-out the unit's sampling pump
prior to the 13th-hour of operation.
(2) A CPDM, the operator shall switch-out the CPDM with a fully
charged device prior to the 13th-hour of operation.
(d) If using a CMDPSU, one control filter shall be used for each
shift of sampling. Each control filter shall:
(1) Have the same pre-weight date (noted on the dust data card) as
the filters used for sampling;
(2) Remain plugged at all times;
(3) Be used for the same amount of time, and exposed to the same
temperature and handling conditions as the filters used for sampling;
(4) Be kept with the exposed samples after sampling and in the same
mailing container when transmitted to MSHA.
(e) Records showing the length of each production shift for each MMU
shall be made and retained for at least six months and shall be made
available for inspection by authorized representatives of the Secretary
and the representative of miners, and submitted to the District Manager
when requested in writing.
(f) Upon request from the District Manager, the operator shall
submit the date and time any respirable dust sampling required by this
part will begin. This information shall be submitted at least 48 hours
prior to the scheduled sampling.
(g) To establish a normal production shift, the operator shall
record the amount of run-of-mine material produced by each MMU during
each shift to determine the average production for the most recent 30
production shifts, or for all production shifts if fewer than 30 shifts
of production data are available. Production records shall be retained
for at least six months and shall be made available for inspection by
authorized representatives of the Secretary and the representative of
miners.
(h) Operators using CPDMs shall provide training to all miners
expected to wear a CPDM. The training shall be completed prior to a
miner wearing a CPDM and then every 12 months thereafter. The training
shall include:
(1) The importance of monitoring dust concentrations and properly
wearing the CPDM.
(2) Explaining the basic features and capabilities of the CPDM;
(3) Discussing the various types of information displayed by the
CPDM and how to access that information; and
(4) How to start and stop a short-term sample run during compliance
sampling.
(i) An operator shall keep a record of the CPDM training at the mine
site for 24 months after completion of the training. An operator may
keep the record elsewhere if the record is immediately accessible from
the mine site by electronic transmission. Upon request from an
authorized representative of the Secretary, Secretary of HHS, or
representative of miners, the operator shall promptly provide access to
any such training records. The record shall include:
(1) The date of training;
(2) The names of miners trained; and
(3) The subjects included in the training.
(j) An anthracite mine using the full box, open breast, or slant
breast mining method may use either a CPDM or a CMDPSU to conduct the
required

[[Page 466]]

sampling. The mine operator shall notify the District Manager in writing
of its decision to not use a CPDM.
(k) MSHA approval of the dust control portion of the operator's mine
ventilation plan may be revoked based on samples taken by MSHA or in
accordance with this part 70.

Sec. 70.202 Certified person; sampling.

(a) The respirable dust sampling required by this part shall be
performed by a certified person.
(b) To be certified, a person shall complete the applicable MSHA
course of instruction and pass the MSHA examination demonstrating
competency in sampling procedures. Persons not certified in sampling,
and those certified only in maintenance and calibration procedures in
accordance with Sec. 70.203(b), are not permitted to collect respirable
dust samples required by this part or handle approved sampling devices
when being used in sampling.
(c) To maintain certification, a person must pass the MSHA
examination demonstrating competency in sampling procedures every three
years.
(d) MSHA may revoke a person's certification for failing to properly
carry out the required sampling procedures.

Sec. 70.203 Certified person; maintenance and calibration.

(a) Approved sampling devices shall be maintained and calibrated by
a certified person.
(b) To be certified, a person shall complete the applicable MSHA
course of instruction and pass the MSHA examination demonstrating
competency in maintenance and calibration procedures for approved
sampling devices. Necessary maintenance of the sampling head assembly of
a CMDPSU, or the cyclone assembly of a CPDM, can be performed by persons
certified in sampling or in maintenance and calibration.
(c) To maintain certification, a person must pass the MSHA
examination demonstrating competency in maintenance and calibration
procedures every three years.
(d) MSHA may revoke a person's certification for failing to properly
carry out the required maintenance and calibration procedures.

Sec. 70.204 Approved sampling devices; maintenance and calibration.

(a) Approved sampling devices shall be maintained as approved under
part 74 of this title and calibrated in accordance with MSHA
Informational Report IR 1240 (1996) ``Calibration and Maintenance
Procedures for Coal Mine Respirable Dust Samplers'' or in accordance
with the manufacturer's recommendations, if using a CPDM. Only persons
certified in maintenance and calibration can perform maintenance work on
the CPDM or the pump unit of the CMDPSU.
(b) Sampling devices shall be calibrated at the flowrate of 2.0
liters of air per minute (L/min) if using a CMDPSU; at 2.2 L/min if
using a CPDM; or at a different flowrate recommended by the
manufacturer, before they are put into service and, thereafter, at time
intervals recommended by the manufacturer or prescribed by the Secretary
or Secretary of HHS.
(c) If using a CMDPSU, each sampling device shall be examined and
tested by a person certified in sampling or in maintenance and
calibration within 3 hours before the start of the shift on which the
approved sampling devices will be used to collect respirable dust
samples. This is to assure that the sampling devices are clean and in
proper working condition. This examination and testing shall include the
following:
(1) Examination of all components of the cyclone assembly to assure
that they are clean and free of dust and dirt. This includes examining
the interior of the connector barrel (located between the cassette
assembly and vortex finder), vortex finder, cyclone body, and grit pot;
(2) Examination of the inner surface of the cyclone body to assure
that it is free of scoring or scratch marks on the inner surface of the
cyclone where the air flow is directed by the vortex finder into the
cyclone body;
(3) Examination of the external hose connecting the pump unit to the
sampling head assembly to assure that it is clean and free of leaks; and
(4) Examination of the clamping and positioning of the cyclone body,
vortex finder, and cassette to assure that they

[[Page 467]]

are rigid, in alignment, firmly in contact, and airtight.
(5) Testing the voltage of each battery while under actual load to
assure the battery is fully charged. This requires that a fully
assembled and examined sampling head assembly be attached to the pump
inlet with the pump unit running when the voltage check is made. The
voltage for the batteries used in the CMDPSU shall not be lower than the
product of the number of cells in the battery multiplied by the
manufacturer's nominal voltage per cell value.
(d) If using a CPDM, the certified person in sampling or in
maintenance and calibration shall:
(1) Follow the pre-operational examinations, testing, and set-up
procedures, and perform necessary external maintenance recommended by
the manufacturer to assure the operational readiness of each CPDM within
3 hours before the start of the shift on which the sampling devices will
be used to collect respirable dust samples; and
(2) Perform other required scheduled examinations and maintenance
procedures recommended by the manufacturer.
(e) You must proceed in accordance with ``Calibration and
Maintenance Procedures for Coal Mine Respirable Dust Samplers,'' MSHA
Informational Report IR 1240 (1996), referenced in paragraph (a) of this
section. 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. You may obtain a copy from the MSHA Web site at http://
www.msha.gov and you may inspect or obtain a copy at MSHA, Coal Mine
Safety and Health, 201 12th Street South, Arlington, VA 22202-5452; 202-
693-9500; and at each MSHA Coal Mine Safety and Health District Office,
or at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.

[79 FR 24974, May 1, 2014, as amended at 80 FR 52989, Sept. 2, 2015]

Sec. 70.205 Approved sampling devices; operation; air flowrate.

The following is required until April 14, 2025:
(a) Approved sampling devices shall be operated at the flowrate of
2.0 L/min if using a CMDPSU; at 2.2 L/min if using a CPDM; or at a
different flowrate recommended by the manufacturer.
(b) If using a CMDPSU, each approved sampling device shall be
examined each shift by a person certified in sampling during:
(1) The second hour after being put into operation to assure it is
in the proper location, operating properly, and at the proper flowrate.
If the proper flowrate is not maintained, necessary adjustments shall be
made by the certified person. This examination is not required if the
sampling device is being operated in an anthracite coal mine using the
full box, open breast, or slant breast mining method.
(2) The last hour of operation to assure that the sampling device is
operating properly and at the proper flowrate. If the proper flowrate is
not maintained, the respirable dust sample shall be transmitted to MSHA
with a notation by the certified person on the back of the dust data
card stating that the proper flowrate was not maintained. Other events
occurring during the collection of respirable dust samples that may
affect the validity of the sample, such as dropping of the sampling head
assembly onto the mine floor, shall be noted on the back of the dust
data card.
(c) If using a CPDM, the person certified in sampling shall monitor
the dust concentrations and the sampling status conditions being
reported by the sampling device at mid-shift or more frequently as
specified in the approved mine ventilation plan to assure: The sampling
device is in the proper location and operating properly; and the work
environment of the occupation or DA being sampled remains in compliance
with the applicable standard at the end of the shift. This monitoring is
not required if the sampling device is being operated in an anthracite
coal

[[Page 468]]

mine using the full box, open breast, or slant breast mining method.

[79 FR 24974, May 1, 2014, as amended at 89 FR 28473, Apr. 18, 2024]

Effective Date Note: At 89 FR 28474, Apr. 18, 2024, Sec. 70.205 was
removed, effective Apr. 14, 2025.

Sec. 70.205T Approved sampling devices; operation; air flowrate.

As of April 14, 2025:
(a) Approved sampling devices shall be operated at the flowrate of
2.0 L/min if using a CMDPSU; at 2.2 L/min if using a CPDM; or at a
different flowrate recommended by the manufacturer.
(b) If using a CMDPSU, each approved sampling device shall be
examined each shift by a person certified in sampling during:
(1) The second hour after being put into operation to assure it is
in the proper location, operating properly, and at the proper flowrate.
If the proper flowrate is not maintained, necessary adjustments shall be
made by the certified person. This examination is not required if the
sampling device is being operated in an anthracite coal mine using the
full box, open breast, or slant breast mining method.
(2) The last hour of operation to assure that the sampling device is
operating properly and at the proper flowrate. If the proper flowrate is
not maintained, the respirable dust sample shall be transmitted to MSHA
with a notation by the certified person on the back of the dust data
card stating that the proper flowrate was not maintained. Other events
occurring during the collection of respirable dust samples that may
affect the validity of the sample, such as dropping of the sampling head
assembly onto the mine floor, shall be noted on the back of the dust
data card.
(c) If using a CPDM, the person certified in sampling shall monitor
the dust concentrations and the sampling status conditions being
reported by the sampling device at mid-shift or more frequently as
specified in the approved mine ventilation plan to assure: The sampling
device is in the proper location and operating properly; and the work
environment of the occupation or DA being sampled remains in compliance
with the standard at the end of the shift. This monitoring is not
required if the sampling device is being operated in an anthracite coal
mine using the full box, open breast, or slant breast mining method.

[89 FR 28473, Apr. 18, 2024]

Effective Date Note: At 89 FR 28474, Apr. 18, 2024, Sec. 70.205T
was redesignated as Sec. 70.205, effective Apr. 14, 2025.

Sec. 70.206 Bimonthly sampling; mechanized mining units.

Until January 31, 2016:
(a) Each operator shall take five valid representative samples from
the designated occupation (DO) in each mechanized mining unit (MMU)
during each bimonthly period. DO samples shall be collected on
consecutive normal production shifts or normal production shifts each of
which is worked on consecutive days. The bimonthly periods are:

January 1-February 28 (29)
March 1-April 30
May 1-June 30
July 1-August 31
September 1-October 31
November 1-December 31

(b) Unless otherwise directed by the District Manager, the DO
samples shall be taken by placing the approved sampling device as
specified in paragraphs (b)(1) through (b)(10) of this section.
(1) Conventional section using cutting machine. On the cutting
machine operator or on the cutting machine within 36 inches inby the
normal working position;
(2) Conventional section blasting off the solid. On the loading
machine operator or on the loading machine within 36 inches inby the
normal working position;
(3) Continuous mining section other than auger-type. On the
continuous mining machine operator or on the continuous mining machine
within 36 inches inby the normal working position;
(4) Continuous mining machine; auger-type. On the jacksetter who
works nearest the working face on the return air side of the continuous
mining machine or at a location that represents the maximum
concentration of dust to which the miner is exposed;

[[Page 469]]

(5) Scoop section using cutting machine. On the cutting machine
operator or on the cutting machine within 36 inches inby the normal
working position;
(6) Scoop section, blasting off the solid. On the coal drill
operator or on the coal drill within 36 inches inby the normal working
position;
(7) Longwall section. On the miner who works nearest the return air
side of the longwall working face or along the working face on the
return side within 48 inches of the corner;
(8) Hand loading section with a cutting machine. On the cutting
machine operator or on the cutting machine within 36 inches inby the
normal working position;
(9) Hand loading section blasting off the solid. On the hand loader
exposed to the greatest dust concentration or at a location that
represents the maximum concentration of dust to which the miner is
exposed;
(10) Anthracite mine sections. On the hand loader exposed to the
greatest dust concentration or at a location that represents the maximum
concentration of dust to which the miner is exposed.
(c) When the respirable dust standard is changed in accordance with
Sec. 70.101, the new applicable standard shall become effective 7
calendar days after the date of the notification of the change by MSHA.
(d) If a normal production shift is not achieved, the DO sample for
that shift may be voided by MSHA. However, any sample, regardless of
production, that exceeds the applicable standard by at least 0.1 mg/m\3\
shall be used in the determination of the equivalent concentration for
that MMU.
(e) When a valid representative sample taken in accordance with this
section meets or exceeds the excessive concentration value (ECV) in
Table 70-1 that corresponds to the applicable standard and particular
sampling device used, the operator shall:
(1) Make approved respiratory equipment available to affected miners
in accordance with Sec. 72.700 of this chapter;
(2) Immediately take corrective action to lower the concentration of
respirable dust to at or below the applicable respirable dust standard;
and
(3) Make a record of the corrective actions taken. The record shall
be certified by the mine foreman or equivalent mine official, no later
than the end of the mine foreman's or equivalent official's next
regularly scheduled working shift. The record shall be made in a secure
book that is not susceptible to alteration or electronically in a
computer system so as to be secure and not susceptible to alteration.
Such records shall be retained at a surface location at the mine for at
least 1 year and shall be made available for inspection by authorized
representatives of the Secretary and the representative of miners.
(f) Noncompliance with the applicable standard is demonstrated
during the sampling period when:
(1) Two or more valid representative samples meet or exceed the ECV
in Table 70-1 that corresponds to the applicable standard and particular
sampling device used; or
(2) The average for all valid representative samples meets or
exceeds the ECV in Table 70-2 that corresponds to the applicable
standard and particular sampling device used.
(g) Unless otherwise directed by the District Manager, upon issuance
of a citation for a violation of the applicable standard involving a DO
in an MMU, paragraph (a) of this section shall not apply to that MMU
until the violation is abated and the citation is terminated in
accordance with paragraphs (h) and (i) of this section.
(h) Upon issuance of a citation for violation of the applicable
standard, the operator shall take the following actions sequentially:
(1) Make approved respiratory equipment available to affected miners
in accordance with Sec. 72.700 of this chapter;
(2) Immediately take corrective action to lower the concentration of
respirable coal mine dust to at or below the applicable standard; and
(3) Make a record of the corrective actions taken. The record shall
be certified by the mine foreman or equivalent mine official, no later
than the end of the mine foreman's or equivalent official's next
regularly scheduled working shift. The record shall be made in a secure
book that is not susceptible to alteration or electronically

[[Page 470]]

in a computer system so as to be secure and not susceptible to
alteration. Such records shall be retained at a surface location at the
mine for at least 1 year and shall be made available for inspection by
authorized representatives of the Secretary and the representative of
miners.
(4) Begin sampling, within 8 calendar days after the date the
citation is issued, the environment of the affected occupation in the
MMU on consecutive normal production shifts until five valid
representative samples are taken.
(i) A citation for a violation of the applicable standard shall be
terminated by MSHA when:
(1) Each of the five valid representative samples is at or below the
applicable standard; and
(2) The operator has submitted to the District Manager revised dust
control parameters as part of the mine ventilation plan applicable to
the MMU in the citation, and the changes have been approved by the
District Manager. The revised parameters shall reflect the control
measures used by the operator to abate the violation.

Effective Date Note: At 89 FR 28474, Apr. 18, 2024, Sec. 70.206 was
removed and reserved, effective Apr. 14, 2025.

Sec. 70.207 Bimonthly sampling; designated areas.

Until January 31, 2016:
(a) Each operator shall take one valid representative sample from
each designated area (DA) on a production shift during each bimonthly
period. The bimonthly periods are:
February 1-March 31
April 1-May 31
June 1-July 31
August 1-September 30
October 1-November 30
December 1-January 31.
(b) When the respirable dust standard is changed in accordance with
Sec. 70.101, the new applicable standard shall become effective 7
calendar days after the date of the notification of the change by MSHA.
(c) Upon notification from MSHA that any valid sample taken from a
DA to meet the requirements of paragraph (a) of this section exceeds the
applicable standard, the operator shall take five valid representative
samples from that DA within 15 calendar days. The operator shall begin
such sampling on the first day on which there is a production shift
following the day of receipt of notification.
(d) When a valid representative sample taken in accordance with this
section meets or exceeds the ECV in Table 70-1 that corresponds to the
applicable standard and particular sampling device used, the operator
shall:
(1) Make approved respiratory equipment available to affected miners
in accordance with Sec. 72.700 of this chapter;
(2) Immediately take corrective action to lower the concentration of
respirable coal mine dust to at or below the applicable standard; and
(3) Make a record of the corrective actions taken. The record shall
be certified by the mine foreman or equivalent mine official, no later
than the end of the mine foreman's or equivalent official's next
regularly scheduled working shift. The record shall be made in a secure
book that is not susceptible to alteration or electronically in a
computer system so as to be secure and not susceptible to alteration.
Such records shall be retained at a surface location at the mine for at
least 1 year and shall be made available for inspection by authorized
representatives of the Secretary and the representative of miners.
(e) Noncompliance with the applicable standard is demonstrated
during the sampling period when:
(1) Two or more valid representative samples meet or exceed the ECV
in Table 70-1 that corresponds to the applicable standard and the
particular sampling device used; or
(2) The average for all valid representative samples meets or
exceeds the ECV in Table 70-2 that corresponds to the applicable
standard and the particular sampling device used.
(f) Unless otherwise directed by the District Manager, upon issuance
of a citation for a violation of the applicable standard, paragraph (a)
of this section shall not apply to that DA until the violation is abated
and the citation is terminated in accordance with paragraphs (g) and (h)
of this section.
(g) Upon issuance of a citation for violation of the applicable
standard,

[[Page 471]]

the operator shall take the following actions sequentially:
(1) Make approved respiratory equipment available to affected miners
in accordance with Sec. 72.700 of this chapter;
(2) Immediately take corrective action to lower the concentration of
respirable coal mine dust to at or below the applicable standard; and
(3) Make a record of the corrective actions taken. The record shall
be certified by the mine foreman or equivalent mine official, no later
than the end of the mine foreman's or equivalent official's next
regularly scheduled working shift. The record shall be made in a secure
book that is not susceptible to alteration or electronically in a
computer system so as to be secure and not susceptible to alteration.
Such records shall be retained at a surface location at the mine for at
least 1 year and shall be made available for inspection by authorized
representatives of the Secretary and the representative of miners.
(4) Begin sampling, within 8 calendar days after the date the
citation is issued, the environment of the affected DA on consecutive
normal production shifts until five valid representative samples are
taken.
(h) A citation for a violation of the applicable standard shall be
terminated by MSHA when:
(1) Each of the five valid representative samples is at or below the
applicable standard; and
(2) The operator has submitted to the District Manager revised dust
control parameters as part of the mine ventilation plan applicable to
the DA in the citation, and the changes have been approved by the
District Manager. The revised parameters shall reflect the control
measures used by the operator to abate the violation.

Effective Date Note: At 89 FR 28474, Apr. 18, 2024, Sec. 70.207 was
removed and reserved, effective Apr. 14, 2025.

Sec. 70.208 Quarterly sampling; mechanized mining units.

The following is required from February 1, 2016, until April 14,
2025:
(a) The operator shall sample each calendar quarter:
(1) The designated occupation (DO) in each MMU on consecutive normal
production shifts until 15 valid representative samples are taken. The
District Manager may require additional groups of 15 valid
representative samples when information indicates the operator has not
followed the approved ventilation plan for any MMU.
(2) Each other designated occupation (ODO) specified in paragraphs
(b)(1) through (b)(10) of this section in each MMU or specified by the
District Manager and identified in the approved mine ventilation plan on
consecutive normal production shifts until 15 valid representative
samples are taken. Sampling of each ODO type shall begin after
fulfilling the sampling requirements of paragraph (a)(1) of this
section. When required to sample more than one ODO type, each ODO type
must be sampled over separate time periods during the calendar quarter.
(3) The quarterly periods are:
January 1-March 31
April 1-June 30
July 1-September 30
October 1-December 31.
(b) Unless otherwise directed by the District Manager, the approved
sampling device shall be worn by the miner assigned to perform the
duties of the DO or ODO specified in paragraphs (b)(1) through (b)(10)
of this section or by the District Manager for each type of MMU.
(1) Conventional section using cutting machine. DO--The cutting
machine operator;
(2) Conventional section blasting off the solid. DO--The loading
machine operator;
(3) Continuous mining section other than auger-type. DO--The
continuous mining (CM) machine operator or mobile bridge operator when
using continuous haulage; ODO--The roof bolting machine operator who
works nearest the working face on the return air side of the continuous
mining machine; the face haulage operators on MMUs using blowing face
ventilation; the face haulage operators on MMUs ventilated by split
intake air (``fishtail ventilation'') as part of a super-section; and
face haulage operators where two continuous mining machines are operated
on an MMU.
(4) Continuous mining section using auger-type machine. DO--The
jacksetter

[[Page 472]]

who works nearest the working face on the return air side of the
continuous mining machine;
(5) Scoop section using cutting machine. DO--The cutting machine
operator;
(6) Scoop section, blasting off the solid. DO--The coal drill
operator;
(7) Longwall section. DO--The longwall operator working on the
tailgate side of the longwall mining machine; ODO--The jacksetter who
works nearest the return air side of the longwall working face, and the
mechanic;
(8) Hand loading section with a cutting machine. DO--The cutting
machine operator;
(9) Hand loading section blasting off the solid. DO--The hand loader
exposed to the greatest dust concentration; and
(10) Anthracite mine sections. DO--The hand loader exposed to the
greatest dust concentration.
(c) When the respirable dust standard is changed in accordance with
Sec. 70.101, the new applicable standard shall become effective 7
calendar days after the date of notification of the change by MSHA.
(d) If a normal production shift is not achieved, the DO or ODO
sample for that shift may be voided by MSHA. However, any sample,
regardless of production, that exceeds the applicable standard by at
least 0.1 mg/m\3\ shall be used in the determination of the equivalent
concentration for that occupation.
(e) When a valid representative sample taken in accordance with this
section meets or exceeds the ECV in Table 70-1 that corresponds to the
applicable standard and particular sampling device used, the operator
shall:
(1) Make approved respiratory equipment available to affected miners
in accordance with Sec. 72.700 of this chapter;
(2) Immediately take corrective action to lower the concentration of
respirable dust to at or below the applicable respirable dust standard;
and
(3) Make a record of the corrective actions taken. The record shall
be certified by the mine foreman or equivalent mine official, no later
than the end of the mine foreman's or equivalent official's next
regularly scheduled working shift. The record shall be made in a secure
book that is not susceptible to alteration or electronically in a
computer system so as to be secure and not susceptible to alteration.
Such records shall be retained at a surface location at the mine for at
least 1 year and shall be made available for inspection by authorized
representatives of the Secretary and the representative of miners.
(f) Noncompliance with the applicable standard is demonstrated
during the sampling period when:
(1) Three or more valid representative samples meet or exceed the
ECV in Table 70-1 that corresponds to the applicable standard and the
particular sampling device used; or
(2) The average for all valid representative samples meets or
exceeds the ECV in Table 70-2 that corresponds to the applicable
standard and the particular sampling device used.
(g)(1) Unless otherwise directed by the District Manager, upon
issuance of a citation for a violation of the applicable standard
involving a DO in an MMU, paragraph (a)(1) shall not apply to the DO in
that MMU until the violation is abated and the citation is terminated in
accordance with paragraphs (h) and (i) of this section.
(2) Unless otherwise directed by the District Manager, upon issuance
of a citation for a violation of the applicable standard involving a
type of ODO in an MMU, paragraph (a)(2) shall not apply to that ODO type
in that MMU until the violation is abated and the citation is terminated
in accordance with paragraphs (h) and (i) of this section.
(h) Upon issuance of a citation for violation of the applicable
standard, the operator shall take the following actions sequentially:
(1) Make approved respiratory equipment available to affected miners
in accordance with Sec. 72.700 of this chapter;
(2) Immediately take corrective action to lower the concentration of
respirable coal mine dust to at or below the applicable standard; and
(3) Make a record of the corrective actions taken. The record shall
be certified by the mine foreman or equivalent mine official, no later
than the end of the mine foreman's or equivalent official's next
regularly scheduled working shift. The record shall be

[[Page 473]]

made in a secure book that is not susceptible to alteration or
electronically in a computer system so as to be secure and not
susceptible to alteration. Such records shall be retained at a surface
location at the mine for at least 1 year and shall be made available for
inspection by authorized representatives of the Secretary and the
representative of miners.
(4) Begin sampling, within 8 calendar days after the date the
citation is issued, the environment of the affected occupation in the
MMU on consecutive normal production shifts until five valid
representative samples are taken.
(i) A citation for violation of the applicable standard shall be
terminated by MSHA when:
(1) Each of the five valid representative samples is at or below the
applicable standard; and
(2) The operator has submitted to the District Manager revised dust
control parameters as part of the mine ventilation plan applicable to
the MMU in the citation and the changes have been approved by the
District Manager. The revised parameters shall reflect the control
measures used by the operator to abate the violation.

[79 FR 24974, May 1, 2014, as amended at 89 FR 28474, Apr. 18, 2024]

Effective Date Note: At 89 FR 28475, Apr. 18, 2024, Sec. 70.208 was
removed, effective Apr. 14, 2025.

Sec. 70.208T Quarterly sampling; mechanized mining units.

As of April 14, 2025:
(a) The operator shall sample each calendar quarter:
(1) The designated occupation (DO) in each MMU on consecutive normal
production shifts until 15 valid representative samples are taken. The
District Manager may require additional groups of 15 valid
representative samples when information indicates the operator has not
followed the approved ventilation plan for any MMU.
(2) Each other designated occupation (ODO) specified in paragraphs
(b)(1) through (10) of this section in each MMU or specified by the
District Manager and identified in the approved mine ventilation plan on
consecutive normal production shifts until 15 valid representative
samples are taken. Sampling of each ODO type shall begin after
fulfilling the sampling requirements of paragraph (a)(1) of this
section. When required to sample more than one ODO type, each ODO type
must be sampled over separate time periods during the calendar quarter.
(3) The quarterly periods are:
(i) January 1-March 31
(ii) April 1-June 30
(iii) July 1-September 30
(iv) October 1-December 31.
(b) Unless otherwise directed by the District Manager, the approved
sampling device shall be worn by the miner assigned to perform the
duties of the DO or ODO specified in paragraphs (b)(1) through (10) of
this section or by the District Manager for each type of MMU.
(1) Conventional section using cutting machine. DO--The cutting
machine operator;
(2) Conventional section blasting off the solid. DO--The loading
machine operator;
(3) Continuous mining section other than auger-type. DO--The
continuous mining (CM) machine operator or mobile bridge operator when
using continuous haulage; ODO--The roof bolting machine operator who
works nearest the working face on the return air side of the continuous
mining machine; the face haulage operators on MMUs using blowing face
ventilation; the face haulage operators on MMUs ventilated by split
intake air (``fishtail ventilation'') as part of a super-section; and
face haulage operators where two continuous mining machines are operated
on an MMU.
(4) Continuous mining section using auger-type machine. DO--The
jacksetter who works nearest the working face on the return air side of
the continuous mining machine;
(5) Scoop section using cutting machine. DO--The cutting machine
operator;
(6) Scoop section, blasting off the solid. DO--The coal drill
operator;
(7) Longwall section. DO--The longwall operator working on the
tailgate side of the longwall mining machine; ODO--The jacksetter who
works nearest the return air side of the longwall working face, and the
mechanic;

[[Page 474]]

(8) Hand loading section with a cutting machine. DO--The cutting
machine operator;
(9) Hand loading section blasting off the solid. DO--The hand loader
exposed to the greatest dust concentration; and
(10) Anthracite mine sections. DO--The hand loader exposed to the
greatest dust concentration.
(c) [Reserved]
(d) If a normal production shift is not achieved, the DO or ODO
sample for that shift may be voided by MSHA. However, any sample,
regardless of production, that exceeds the standard by at least 0.1 mg/
m\3\ shall be used in the determination of the equivalent concentration
for that occupation
(e) When a valid representative sample taken in accordance with this
section meets or exceeds the ECV in table 1 to this section that
corresponds to the particular sampling device used, the operator shall:
(1) Make approved respiratory equipment available to affected miners
in accordance with Sec. 72.700 of this chapter;
(2) Immediately take corrective action to lower the concentration of
respirable dust to at or below the respirable dust standard; and
(3) Make a record of the corrective actions taken. The record shall
be certified by the mine foreman or equivalent mine official, no later
than the end of the mine foreman's or equivalent official's next
regularly scheduled working shift. The record shall be made in a secure
book that is not susceptible to alteration or electronically in a
computer system so as to be secure and not susceptible to alteration.
Such records shall be retained at a surface location at the mine for at
least 1 year and shall be made available for inspection by authorized
representatives of the Secretary and the representative of miners.
(f) Noncompliance with the standard is demonstrated during the
sampling period when:
(1) Three or more valid representative samples meet or exceed the
ECV in table 1 to this section that corresponds to the particular
sampling device used; or
(2) The average for all valid representative samples meets or
exceeds the ECV in table 1 to this section that corresponds to the
particular sampling device used.
(g)(1) Unless otherwise directed by the District Manager, upon
issuance of a citation for a violation of the standard involving a DO in
an MMU, paragraph (a)(1) of this section shall not apply to the DO in
that MMU until the violation is abated and the citation is terminated in
accordance with paragraphs (h) and (i) of this section.
(2) Unless otherwise directed by the District Manager, upon issuance
of a citation for a violation of the standard involving a type of ODO in
an MMU, paragraph (a)(2) of this section shall not apply to that ODO
type in that MMU until the violation is abated and the citation is
terminated in accordance with paragraphs (g) and (h) of this section.
(h) Upon issuance of a citation for violation of the standard, the
operator shall take the following actions sequentially:
(1) Make approved respiratory equipment available to affected miners
in accordance with Sec. 72.700 of this chapter;
(2) Immediately take corrective action to lower the concentration of
respirable coal mine dust to at or below the standard; and
(3) Make a record of the corrective actions taken. The record shall
be certified by the mine foreman or equivalent mine official, no later
than the end of the mine foreman's or equivalent official's next
regularly scheduled working shift. The record shall be made in a secure
book that is not susceptible to alteration or electronically in a
computer system so as to be secure and not susceptible to alteration.
Such records shall be retained at a surface location at the mine for at
least 1 year and shall be made available for inspection by authorized
representatives of the Secretary and the representative of miners.
(4) Begin sampling, within 8 calendar days after the date the
citation is issued, the environment of the affected occupation in the
MMU on consecutive normal production shifts until five valid
representative samples are taken.
(i) A citation for a violation of the standard shall be terminated
by MSHA when:

[[Page 475]]

(1) Each of the five valid representative samples is at or below the
standard; and
(2) The operator has submitted to the District Manager revised dust
control parameters as part of the mine ventilation plan applicable to
the MMU in the citation and the changes have been approved by the
District Manager. The revised parameters shall reflect the control
measures used by the operator to abate the violation.

Table 1 to Sec. 70.208T--Excessive Concentration Values (ECV) Based on a Single Sample, Three Samples, or the
Average of Five or Fifteen Full-Shift CMDPSU/CPDM Concentration Measurements
----------------------------------------------------------------------------------------------------------------
ECV (mg/m\3\)
Section Samples -------------------------------
CMDPSU CPDM
----------------------------------------------------------------------------------------------------------------
70.208 (e)................................. 70.1-0(a)--Single sample........... 1.79 1.70
70.1-0(b)--Single sample........... 0.74 0.57
70.208(f)(1)............................... 70.1-0(a)--3 or more samples....... 1.79 1.70
70.1-0(b)--3 or more samples....... 0.74 0.57
70.208(f)(2)............................... 70.1-0(a)--5 sample average........ 1.63 1.59
70.1-0(b)--5 sample average........ 0.61 0.53
70.208(f)(2)............................... 70.1-0(a)--15 sample average....... 1.58 1.56
70.1-0(b)--15 sample average....... 0.57 0.52
70.208(i)(1)............................... 70.1-0(a)--Each of 5 samples....... 1.79 1.70
70.1-0(b)--Each of 5 samples....... 0.74 0.57
----------------------------------------------------------------------------------------------------------------

[89 FR 28474, Apr. 18, 2024]

Effective Date Note: At 89 FR 28475, Apr. 18, 2024, Sec. 70.208T
was redesignated as Sec. 70.208, and table 1 to Sec. 70.208T was
redesignated as table 1 to Sec. 70.208, effective Apr. 14, 2025.

Sec. 70.209 Quarterly sampling; designated areas.

The following is required until April 14, 2025:
(a) The operator shall sample quarterly each designated area (DA) on
consecutive production shifts until five valid representative samples
are taken. The quarterly periods are:
January 1-March 31
April 1-June 30
July 1-September 30
October 1-December 31.
(b) When the respirable dust standard is changed in accordance with
Sec. 70.101, the new applicable standard shall become effective 7
calendar days after the date of the notification of the change by MSHA.
(c) When a valid representative sample taken in accordance with this
section meets or exceeds the ECV in Table 70-1 that corresponds to the
applicable standard and particular sampling device used, the operator
shall:
(1) Make approved respiratory equipment available to affected miners
in accordance with Sec. 72.700 of this chapter;
(2) Immediately take corrective action to lower the concentration of
respirable dust to at or below the applicable respirable dust standard;
and
(3) Make a record of the corrective actions taken. The record shall
be certified by the mine foreman or equivalent mine official, no later
than the end of the mine foreman's or equivalent official's next
regularly scheduled working shift. The record shall be made in a secure
book that is not susceptible to alteration or electronically in a
computer system so as to be secure and not susceptible to alteration.
Such records shall be retained at a surface location at the mine for at
least 1 year and shall be made available for inspection by authorized
representatives of the Secretary and the representative of miners.
(d) Noncompliance with the applicable standard is demonstrated
during the sampling period when:
(1) Two or more valid representative samples meet or exceed the ECV
in Table 70-1 that corresponds to the applicable standard and the
particular sampling device used; or
(2) The average for all valid representative samples meets or
exceeds the ECV in Table 70-2 that corresponds to the applicable
standard and particular sampling device used.
(e) Unless otherwise directed by the District Manager, upon issuance
of a

[[Page 476]]

citation for a violation of the applicable standard, paragraph (a) of
this section shall not apply to that DA until the violation is abated
and the citation is terminated in accordance with paragraphs (f) and (g)
of this section.
(f) Upon issuance of a citation for a violation of the applicable
standard, the operator shall take the following actions sequentially:
(1) Make approved respiratory equipment available to affected miners
in accordance with Sec. 72.700 of this chapter;
(2) Immediately take corrective action to lower the concentration of
respirable coal mine dust to at or below the applicable standard; and
(3) Make a record of the corrective actions taken. The record shall
be certified by the mine foreman or equivalent mine official, no later
than the end of the mine foreman's or equivalent official's next
regularly scheduled working shift. The record shall be made in a secure
book that is not susceptible to alteration or electronically in a
computer system so as to be secure and not susceptible to alteration.
Such records shall be retained at a surface location at the mine for at
least 1 year and shall be made available for inspection by authorized
representatives of the Secretary and the representative of miners.
(4) Begin sampling, within 8 calendar days after the date the
citation is issued, the environment of the affected DA on consecutive
normal production shifts until five valid representative samples are
taken.
(g) A citation for a violation of the applicable standard shall be
terminated by MSHA when:
(1) Each of the five valid representative samples is at or below the
applicable standard; and
(2) The operator has submitted to the District Manager revised dust
control parameters as part of the mine ventilation plan applicable to
the DA in the citation, and the changes have been approved by the
District Manager. The revised parameters shall reflect the control
measures used by the operator to abate the violation.

[79 FR 24974, May 1, 2014, as amended at 89 FR 28475, Apr. 18, 2024]

Effective Date Note: At 89 FR 28476, Apr. 18, 2024, Sec. 70.209 was
removed, effective Apr. 14, 2025.

Sec. 70.209T Quarterly sampling; designated areas.

As of April 14, 2025:
(a) The operator shall sample quarterly each designated area (DA) on
consecutive production shifts until five valid representative samples
are taken. The quarterly periods are:
(1) January 1-March 31
(2) April 1-June 30
(3) July 1-September 30
(4) October 1-December 31.
(b) [Reserved]
(c) When a valid representative sample taken in accordance with this
section meets or exceeds the ECV in table 1 to this section that
corresponds to the particular sampling device used, the operator shall:
(1) Make approved respiratory equipment available to affected miners
in accordance with Sec. 72.700 of this chapter;
(2) Immediately take corrective action to lower the concentration of
respirable dust to at or below the respirable dust standard; and
(3) Make a record of the corrective actions taken. The record shall
be certified by the mine foreman or equivalent mine official, no later
than the end of the mine foreman's or equivalent official's next
regularly scheduled working shift. The record shall be made in a secure
book that is not susceptible to alteration or electronically in a
computer system so as to be secure and not susceptible to alteration.
Such records shall be retained at a surface location at the mine for at
least 1 year and shall be made available for inspection by authorized
representatives of the Secretary and the representative of miners.
(d) Noncompliance with the standard is demonstrated during the
sampling period when:
(1) Two or more valid representative samples meet or exceed the ECV
in table 1 to this section that corresponds to the particular sampling
device used; or
(2) The average for all valid representative samples meets or
exceeds the ECV in table 1 to this section that corresponds to the
particular sampling device used.

[[Page 477]]

(e) Unless otherwise directed by the District Manager, upon issuance
of a citation for a violation of the standard, paragraph (a) of this
section shall not apply to that DA until the violation is abated and the
citation is terminated in accordance with paragraphs (e) and (f) of this
section.
(f) Upon issuance of a citation for a violation of the standard, the
operator shall take the following actions sequentially:
(1) Make approved respiratory equipment available to affected miners
in accordance with Sec. 72.700 of this chapter;
(2) Immediately take corrective action to lower the concentration of
respirable coal mine dust to at or below the standard; and
(3) Make a record of the corrective actions taken. The record shall
be certified by the mine foreman or equivalent mine official, no later
than the end of the mine foreman's or equivalent official's next
regularly scheduled working shift. The record shall be made in a secure
book that is not susceptible to alteration or electronically in a
computer system so as to be secure and not susceptible to alteration.
Such records shall be retained at a surface location at the mine for at
least 1 year and shall be made available for inspection by authorized
representatives of the Secretary and the representative of miners.
(4) Begin sampling, within 8 calendar days after the date the
citation is issued, the environment of the affected DA on consecutive
normal production shifts until five valid representative samples are
taken.
(g) A citation for a violation of the standard shall be terminated
by MSHA when:
(1) Each of the five valid representative samples is at or below the
standard; and
(2) The operator has submitted to the District Manager revised dust
control parameters as part of the mine ventilation plan applicable to
the DA in the citation, and the changes have been approved by the
District Manager. The revised parameters shall reflect the control
measures used by the operator to abate the violation.

Table 1 to Sec. 70.209T--Excessive Concentration Values (ECV) Based on a Single Sample, Two Samples, or the
Average of Five or Fifteen Full-Shift CMDPSU/CPDM Concentration Measurements
----------------------------------------------------------------------------------------------------------------
ECV (mg/m\3\)
Section Samples -------------------------------
CMDPSU CPDM
----------------------------------------------------------------------------------------------------------------
70.209 (c)................................. 70.100(a)--Single sample........... 1.79 1.70
70.100(b)--Single sample........... 0.74 0.57
70.209(d)(1)............................... 70.100(a)--2 or more samples....... 1.79 1.70
70.100(b)--2 or more samples....... 0.74 0.57
70.209(d)(2)............................... 70.100(a)--5 sample average........ 1.63 1.59
70.100(b)--5 sample average........ 0.61 0.53
70.209(d)(2)............................... 70.100(a)--15 sample average....... 1.58 1.56
70.100(b)--15 sample average....... 0.57 0.52
70.209(g)(1)............................... 70.100(a)--Each of 5 samples....... 1.79 1.70
70.100(b)--Each of 5 samples....... 0.74 0.57
----------------------------------------------------------------------------------------------------------------

[89 FR 28475, Apr. 18, 2024]

Effective Date Note: At 89 FR 28476, Apr. 18, 2024, Sec. 70.209T
was redesignated as Sec. 70.209, and table 1 to Sec. 70.209T was
redesignated as table 1 to Sec. 70.209, effective Apr. 14, 2025.

Sec. 70.210 Respirable dust samples; transmission by operator.

[[Page 478]]

(c) A person certified in sampling shall properly complete the dust
data card that is provided by the manufacturer for each filter cassette.
The card shall have an identification number identical to that on the
cassette used to take the sample and be submitted to MSHA with the
sample. Each card shall be signed by the certified person who actually
performed the required examinations under 70.205(b) of this part during
the sampling shift and shall include that person's MSHA Individual
Identification Number (MIIN). Respirable dust samples with data cards
not properly completed may be voided by MSHA.
(d) All respirable dust samples collected by the operator shall be
considered taken to fulfill the sampling requirements of part 70, 71, or
90 of this title, unless the sample has been identified in writing by
the operator to the District Manager, prior to the intended sampling
shift, as a sample to be used for purposes other than required by part
70, 71, or 90 of this title.
(e) Respirable dust samples received by MSHA in excess of those
required by this part shall be considered invalid samples.
(f) If using a CPDM, the person certified in sampling shall (1)
validate, certify, and transmit electronically to MSHA within 24 hours
after the end of each sampling shift all sample data file information
collected and stored in the CPDM, including the sampling status
conditions encountered when sampling; and (2) not tamper with the CPDM
or its components in any way before, during, or after it is used to
fulfill the requirements of this part, or alter any sample data files.
All CPDM data files transmitted electronically to MSHA shall be
maintained by the operator for at least 12 months.

[79 FR 24974, May 1, 2014, as amended at 80 FR 52989, Sept. 2, 2015]

Sec. 70.211 Respirable dust samples; report to operator; posting.

(a) MSHA shall provide the operator, as soon as practicable, a
report with the following data on respirable dust samples submitted or
whose results were transmitted electronically, if using a CPDM, in
accordance with this part:
(1) The mine identification number;
(2) The locations within the mine from which the samples were taken;
(3) The concentration of respirable dust, expressed as an equivalent
concentration for each valid sample;
(4) The average equivalent concentration of respirable dust for all
valid samples;
(5) The occupation code, where applicable; and
(6) The reason for voiding any sample.
(b) Upon receipt, the operator shall post this data for at least 31
days on the mine bulletin board.
(c) If using a CPDM, the person certified in sampling shall, within
12 hours after the end of each sampling shift, print, sign, and post on
the mine bulletin board a paper record (Dust Data Card) of the sample
run. This hard-copy record shall include the data entered when the
sample run was first programmed, and the following:
(1) The mine identification number;
(2) The locations within the mine from which the samples were taken;
(3) The concentration of respirable dust, expressed as an equivalent
concentration reported and stored for each sample;
(4) The sampling status conditions encountered for each sample; and
(5) The shift length.
(d) The information required by paragraph (c) of this section shall
remain posted until receipt of the MSHA report covering these respirable
dust samples.

Sec. 70.212 Status change reports.

[[Page 479]]

(ii) Nonproducing--no material is being produced.
(iii) Abandoned--the work of all miners has been terminated and
production activity has ceased.
(2) MMU:
(i) Producing--producing material from a working section.
(ii) Nonproducing--temporarily ceased production of material.
(iii) Abandoned--permanently ceased production of material.
(3) DA:
(i) Producing--activity is occurring.
(ii) Nonproducing--activity has ceased.
(iii) Abandoned--the dust generating source has been withdrawn and
activity has ceased.

Sec. Table 70-1 to Subpart C of Part 70--Excessive Concentration Values
(ECV) Based on Single, Full-Shift CMDPSU/CPDM Concentration Measurements

------------------------------------------------------------------------
ECV (mg/m\3\)
Applicable standard (mg/m\3\) -------------------------
CMDPSU CPDM
------------------------------------------------------------------------
2.0........................................... 2.33 2.26
1.9........................................... 2.22 2.15
1.8........................................... 2.12 2.04
1.7........................................... 2.01 1.92
1.6........................................... 1.90 1.81
1.5........................................... 1.79 1.70
1.4........................................... 1.69 1.58
1.3........................................... 1.59 1.47
1.2........................................... 1.47 1.36
1.1........................................... 1.37 1.25
1.0........................................... 1.26 1.13
0.9........................................... 1.16 1.02
0.8........................................... 1.05 0.91
0.7........................................... 0.95 0.79
0.6........................................... 0.85 0.68
0.5........................................... 0.74 0.57
0.4........................................... 0.65 0.46
0.3........................................... 0.54 0.34
0.2........................................... 0.44 0.23
------------------------------------------------------------------------

Effective Date Note: At 89 FR 28476, Apr. 18, 2024, table 70-1 to
subpart C of part 70 was removed, effective Apr. 14, 2025.

Sec. Table 70-2 to Subpart C of Part 70--Excessive Concentration Values
(ECV) Based on the Average of 5 or 15 Full-Shift CMDPSU/CPDM
Concentration Measurements

----------------------------------------------------------------------------------------------------------------
ECV (mg/m\3\) based on 5- ECV (mg/m\3\) based on
sample average 15-sample average
Applicable standard (mg/m\3\) ---------------------------------------------------
CMDPSU CPDM CMDPSU CPDM
----------------------------------------------------------------------------------------------------------------
2.0......................................................... 2.15 2.12 2.09 2.07
1.9......................................................... 2.05 2.01 1.99 1.97
1.8......................................................... 1.94 1.91 1.89 1.87
1.7......................................................... 1.84 1.80 1.78 1.76
1.6......................................................... 1.74 1.70 1.68 1.66
1.5......................................................... 1.63 1.59 1.58 1.56
1.4......................................................... 1.53 1.49 1.48 1.45
1.3......................................................... 1.43 1.38 1.38 1.35
1.2......................................................... 1.33 1.27 1.28 1.25
1.1......................................................... 1.22 1.17 1.17 1.14
1.0......................................................... 1.12 1.06 1.07 1.04
0.9......................................................... 1.02 0.96 0.97 0.94
0.8......................................................... 0.92 0.85 0.87 0.83
0.7......................................................... 0.81 0.75 0.77 0.73
0.6......................................................... 0.71 0.64 0.67 0.63
0.5......................................................... 0.61 0.53 0.57 0.52
0.4......................................................... 0.51 0.43 0.47 0.42
0.3......................................................... 0.41 0.32 0.37 0.32
0.2......................................................... 0.31 0.22 0.27 0.21
----------------------------------------------------------------------------------------------------------------

Effective Date Note: At 89 FR 28476, Apr. 18, 2024, table 70-2 to
subpart C of part 70 was removed, effective Apr. 14, 2025.

Subpart D [Reserved]

Subpart E--Dust From Drilling Rock [Reserved]

Subparts F-S [Reserved]

[[Page 480]]

Subpart T_Diesel Exhaust Gas Monitoring

Sec. 70.1900 Exhaust Gas Monitoring.

(a) During on-shift examinations required by Sec. 75.362, a
certified person as defined by Sec. 75.100 of this chapter and
designated by the operator as trained or experienced in the appropriate
sampling procedures, shall determine the concentration of carbon
monoxide (CO) and nitrogen dioxide (NO):
(1) In the return of each working section where diesel equipment is
used, at a location which represents the contribution of all diesel
equipment on such section;
(2) In the area of the section loading point if diesel haulage
equipment is operated on the working section;
(3) At a point inby the last piece of diesel equipment on the
longwall or shortwall face when mining equipment is being installed or
removed; and
(4) In any other area designated by the district manager as
specified in the mine operator's approved ventilation plan where diesel
equipment is operated in a manner which can result in significant
concentrations of diesel exhaust.
(b) Samples of CO and NO shall be--
(1) Collected in a manner that makes the results available
immediately to the person collecting the samples;
(2) Collected and analyzed by appropriate instrumentation which has
been maintained and calibrated in accordance with the manufacturer's
recommendations; and
(3) Collected during periods that are representative of conditions
during normal operations.
(c) Except as provided in Sec. 75.325(j) of this chapter, when
sampling results indicate a concentration of CO and/or NO
exceeding an action level of 50 percent of the threshold limit values
(TLV[supreg]) adopted by the American Conference of Governmental
Industrial Hygienists, the mine operator shall immediately take
appropriate corrective action to reduce the concentrations of CO and/or
NO to below the applicable action level. The publication,
``Threshold Limit Values for Substance in Workroom Air'' (1972) is
incorporated by reference and may be inspected at MSHA's Office of
Standards, Regulations, and Variances, 201 12th Street South, Arlington,
VA 22202-5452; 202-693-9440; at any MSHA Coal Mine Safety and Health
District Office; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
call 202-741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. In addition, copies
of the document may be purchased from the American Conference of
Governmental Industrial Hygienists, 1330 Kemper Meadow Drive, Attn:
Customer Service, Cincinnati, OH 45240; 513-742-2020; http://
www.acgih.org.
(d) A record shall be made when sampling results exceed the action
level for the applicable TLV [supreg] for CO and/or NO. The
record shall be made as part of and in the same manner as the records
for hazards required by Sec. 75.363 of this chapter and include the
following:
(1) Location where each sample was collected;
(2) Substance sampled and the measured concentration; and
(3) Corrective action taken to reduce the concentration of CO and/or
NO to or below the applicable action level.
(e) As of November 25, 1997 exhaust gas monitoring shall be
conducted in accordance with the requirements of this section.

[61 FR 55526, Oct. 25, 1996, as amended at 67 FR 38385, June 4, 2002; 71
FR 16667, Apr. 3, 2006; 80 FR 52989, Sept. 2, 2015]

222222
PART 71_MANDATORY HEALTH STANDARDS_SURFACE COAL MINES AND SURFACE WORK AREAS
OF UNDERGROUND COAL MINES--Table of Contents

Subpart A_General

Sec,
71.1 Scope.
71.2 Definitions.

Subpart B_Dust Standards

71.100 Respirable dust standard.
71.101 Respirable dust standard when quartz is present.

[[Page 481]]

Subpart C_Sampling Procedures

71.201 Sampling; general and technical requirements.
71.202 Certified person; sampling.
71.203 Certified person; maintenance and calibration.
71.204 Approved sampling devices; maintenance and calibration.
71.205 Approved sampling devices; operation; air flowrate.
71.205T Approved sampling devices; operation; air flowrate.
71.206 Quarterly sampling; designated work positions.
71.206T Quarterly sampling; designated work positions.
71.207 Respirable dust samples; transmission by operator.
71.208 Respirable dust samples; report to operator; posting.
71.209 Status change reports.

Subpart D_Respirable Dust Control Plans

71.300 Respirable dust control plan; filing requirements.
71.300T Respirable dust control plan; filing requirements.
71.301 Respirable dust control plan; approval by District Manager and
posting.
71.301T Respirable dust control plan; approval by District Manager and
posting.

Subpart E_Surface Bathing Facilities, Change Rooms, and Sanitary Flush
Toilet Facilities at Surface Coal Mines

71.400 Bathing facilities; change rooms; sanitary flush toilet
facilities.
71.401 Location of facilities.
71.402 Minimum requirements for bathing facilities, change rooms, and
sanitary flush toilet facilities.
71.403 Waiver of surface facilities requirements; posting of waiver.
71.404 Application for waiver of surface facilities requirements.

Subpart F_Sanitary Toilet Facilities at Surface Worksites of Surface
Coal Mines

71.500 Sanitary toilet facilities at surface work sites; installation
requirements.
71.501 Sanitary toilet facilities; maintenance.

Subpart G_Drinking Water

71.600 Drinking water; general.
71.601 Drinking water; quality.
71.602 Drinking water; distribution.
71.603 Drinking water; dispensing requirements.

Subpart H_Airborne Contaminants

71.700 Inhalation hazards; threshold limit values for gases, dust,
fumes, mists, and vapors.
71.701 Sampling; general requirements.
71.702 Asbestos standard.

Authority: 30 U.S.C. 811, 813(h), 957.

Source: 37 FR 6368, Mar. 28, 1972, unless otherwise noted.

Subpart A_General

Source: 79 FR 24980, May 1, 2014, unless otherwise noted.

Sec. 71.1 Scope.

This part 71 sets forth mandatory health standards for each surface
coal mine and for the surface work areas of each underground coal mine
subject to the Federal Mine Safety and Health Act of 1977, as amended.

Sec. 71.2 Definitions.

The following definitions apply in this part.
Act. The Federal Mine Safety and Health Act of 1977, Public Law 91-
173, as amended by Public Law 95-164 and Public Law 109-236.
Active workings. Any place in a surface coal mine or the surface
work area of an underground coal mine where miners are normally required
to work or travel.
Approved sampling device. A sampling device approved by the
Secretary and Secretary of Health and Human Services (HHS) under part 74
of this title.
Certified person. An individual certified by the Secretary in
accordance with Sec. 71.202 to take respirable dust samples required by
this part or certified in accordance with Sec. 71.203 to perform
maintenance and calibration of respirable dust sampling equipment as
required by this part.
Coal mine dust personal sampler unit (CMDPSU). A personal sampling
device approved under part 74, subpart B, of this title.
Concentration. A measure of the amount of a substance contained per
unit volume of air.
Continuous personal dust monitor (CPDM). A personal sampling device
approved under part 74, subpart C, of this title.

[[Page 482]]

Designated work position (DWP). A work position in a surface coal
mine and surface work area of an underground coal mine designated for
sampling to measure respirable dust generation sources in the active
workings. Each DWP will be assigned a four-digit number assigned by MSHA
identifying the specific physical portion of the mine that is affected,
followed by a three-digit MSHA coal mining occupation code describing
the location to which a miner is assigned in the performance of his or
her regular duties.
District Manager. The manager of the Coal Mine Safety and Health
District in which the mine is located.
Equivalent concentration. The concentration of respirable coal mine
dust, including quartz, expressed in milligrams per cubic meter of air
(mg/m\3\) as measured with an approved sampling device, determined by
dividing the weight of dust in milligrams collected on the filter of an
approved sampling device by the volume of air in cubic meters passing
through the filter (sampling time in minutes (t) times the sampling
airflow rate in cubic meters per minute), and then converting that
concentration to an equivalent concentration as measured by the Mining
Research Establishment (MRE) instrument. When the approved sampling
device is:
(1) The CMDPSU, the equivalent concentration is determined by
multiplying the concentration of respirable coal mine dust by the
constant factor prescribed by the Secretary.
(2) The CPDM, the device shall be programmed to automatically report
end-of-shift concentration measurements as equivalent concentrations.
MRE instrument. The gravimetric dust sampler with a four channel
horizontal elutriator developed by the Mining Research Establishment of
the National Coal Board, London, England.
MSHA. The Mine Safety and Health Administration of the U.S.
Department of Labor.
Normal work shift. (1) A shift during which the regular duties of
the DWP are performed while routine day-to-day mining activities are
occurring in the rest of the mine and
(2) A shift during which there is no rain, or, if rain occurs, the
rain does not suppress the respirable dust to the extent that sampling
results will be measurably lower, in the judgment of the person
certified under this part to conduct sampling.
Quartz. Crystalline silicon dioxide (SiO) not chemically
combined with other substances and having a distinctive physical
structure.
Representative sample. A respirable dust sample, expressed as an
equivalent concentration, that reflects typical dust concentration
levels in the working environment of the DWP when performing normal
duties.
Respirable dust. Dust collected with a sampling device approved by
the Secretary and the Secretary of HHS in accordance with part 74 (Coal
Mine Dust Sampling Devices) of this title.
Secretary. The Secretary of Labor or a delegate.
Surface area. A specific physical portion of a surface coal mine or
surface area of an underground coal mine. These areas are assigned a
four-digit identification number by MSHA.
Surface coal mine. A surface area of land and all structures,
facilities, machinery, tools, equipment, excavations, and other
property, real or personal, placed upon or above the surface of such
land by any person, used in, or to be used in, or resulting from, the
work of extracting in such area bituminous coal, lignite, or anthracite
from its natural deposits in the earth by any means or method, and the
work of preparing the coal so extracted, including custom coal
preparation facilities.
Surface installation. Any structure in which miners work at a
surface coal mine or surface work area of an underground coal mine.
Surface work area of an underground mine. The surface areas of land
and all structures, facilities, machinery, tools, equipment, shafts,
slopes, excavations, and other property, real or personal, placed in,
upon or above the surface of such land by any person, used in, or to be
used in, or resulting from, the work of extracting bituminous coal,
lignite, or anthracite from its natural deposits underground by any
means or method, and the work of preparing the coal so extracted,
including custom coal preparation facilities.

[[Page 483]]

Surface worksite. Any area in which miners work at a surface coal
mine or surface work area of an underground coal mine.
Valid respirable dust sample. A respirable dust sample collected and
submitted as required by this part, including any sample for which the
data were electronically transmitted to MSHA, and not voided by MSHA.
Work position. An occupation identified by an MSHA three-digit code
number describing a location to which a miner is assigned in the
performance of his or her normal duties.

Effective Date Note: At 89 FR 28476, Apr. 18, 2024, Sec. 71.2 was
amended by removing the definition of ``Quartz,'' effective Apr. 14,
2025.

2
Subpart B_Dust Standards

Source: 79 FR 24981, May 1, 2014, unless otherwise noted.

Sec. 71.100 Respirable dust standard.

Each operator shall continuously maintain the average concentration
of respirable dust in the mine atmosphere during each shift to which
each miner in the active workings of each mine is exposed, as measured
with an approved sampling device and expressed in terms of an equivalent
concentration, at or below:
(a) 2.0 milligrams of respirable dust per cubic meter of air (mg/
m\3\).
(b) 1.5 mg/m\3\ as of August 1, 2016.

Sec. 71.101 Respirable dust standard when quartz is present.

(a) Each operator shall continuously maintain the average
concentration of respirable quartz dust in the mine atmosphere during
each shift to which each miner in the active workings of each mine is
exposed at or below 0.1 mg/m\3\ (100 micrograms per cubic meter or
[micro]g/m\3\) as measured with an approved sampling device and
expressed in terms of an equivalent concentration.
(b) When the equivalent concentration of respirable quartz dust
exceeds 100 [micro]g/m\3\, the operator shall continuously maintain the
average concentration of respirable dust in the mine atmosphere during
each shift to which each miner in the active workings is exposed as
measured with an approved sampling device and expressed in terms of an
equivalent concentration at or below the applicable standard. The
applicable standard is computed by dividing the percent of quartz into
the number 10. The application of this formula shall not result in the
applicable standard that exceeds the standard established by Sec.
71.100(a) of this section.
Example: Assume the sampled DWP is on a 1.5-mg/m\3\ dust standard.
Suppose a valid representative dust sample with an equivalent
concentration of 1.09 mg/m\3\ contains 16.7% of quartz dust, which
corresponds to a quartz concentration of 182 [micro]g/m\3\. Therefore,
the average concentration of respirable dust in the mine atmosphere
associated with that DWP shall be maintained on each shift at or below
0.6 mg/m\3\ (10/16.7% = 0.6 mg/m\3\).

Effective Date Note: At 89 FR 28476, Apr. 18, 2024, Sec. 71.101 was
removed and reserved, effective Apr. 14, 2025.

Subpart C_Sampling Procedures

Source: 79 FR 24982, May 1, 2014, unless otherwise noted.

Sec. 71.201 Sampling; general and technical requirements.

(a) Each operator shall take representative samples of the
concentration of respirable dust in the active workings of the mine as
required by this part only with an approved CMDPSU. On February 1, 2016,
the operator may use an approved CPDM if the operator notifies the
District Manager in writing that only an approved CPDM will be used for
all DWP sampling at the mine. The notification must be received at least
90 days before the beginning of the quarter in which CPDMs will be used
to collect the DWP samples.
(b) Sampling devices shall be worn or carried directly to and from
the DWP to be sampled. Sampling devices shall remain with the DWP and
shall be operational during the entire shift, which includes the total
time spent in the DWP and while traveling to and from the DWP being
sampled. If the work shift to be sampled is longer than 12 hours and the
sampling device is:
(1) A CMDPSU, the operator shall switch-out the unit's sampling pump
prior to the 13th-hour of operation.

[[Page 484]]

(2) A CPDM, the operator shall switch-out the CPDM with a fully
charged device prior to the 13th-hour of operation.
(c) If using a CMDPSU, one control filter shall be used for each
shift of sampling. Each control filter shall:
(1) Have the same pre-weight data (noted on the dust data card) as
the filters used for sampling;
(2) Remain plugged at all times;
(3) Be used for the same amount of time, and exposed to the same
temperature and handling conditions as the filters used for sampling;
and
(4) Be kept with the exposed samples after sampling and in the same
mailing container when transmitted to MSHA.
(d) Records showing the length of each normal work shift for each
DWP shall be made and retained for at least six months and shall be made
available for inspection by authorized representatives of the Secretary
and the representative of miners, and submitted to the District Manager
when requested in writing.
(e) Upon request from the District Manager, the operator shall
submit the date and time any respirable dust sampling required by this
part will begin. This information shall be submitted at least 48 hours
prior to scheduled sampling.
(f) Upon written request by the operator, the District Manager may
waive the rain restriction for a normal work shift as defined in Sec.
71.2 for a period not to exceed two months, if the District Manager
determines that:
(1) The operator will not have reasonable opportunity to complete
the respirable dust sampling required by this part without the waiver
because of the frequency of rain; and
(2) The operator did not have reasonable opportunity to complete the
respirable dust sampling required by this part prior to requesting the
waiver.
(g) Operators using CPDMs shall provide training to all miners
expected to wear the CPDM. The training shall be completed prior to a
miner wearing the CPDM and then every 12 months thereafter. The training
shall include:
(1) The importance of monitoring dust concentrations and properly
wearing the CPDM;
(2) Explaining the basic features and capabilities of the CPDM;
(3) Discussing the various types of information displayed by the
CPDM and how to access that information; and
(4) How to start and stop a short-term sample run during compliance
sampling.
(h) An operator shall keep a record of the CPDM training at the mine
site for 24 months after completion of the training. An operator may
keep the record elsewhere if the record is immediately accessible from
the mine site by electronic transmission. Upon request from an
authorized representative of the Secretary, Secretary of HHS, or
representative of miners, the operator shall promptly provide access to
any such training records. The record shall include:
(1) The date of training;
(2) The names of miners trained; and
(3) The subjects included in the training.

Sec. 71.202 Certified person; sampling.

(a) The respirable dust sampling required by this part shall be
performed by a certified person.
(b) To be certified, a person shall complete the applicable MSHA
course of instruction and pass the MSHA examination demonstrating
competency in sampling procedures. Persons not certified in sampling,
and those certified only in maintenance and calibration procedures in
accordance with Sec. 71.203(b), are not permitted to collect respirable
dust samples required by this part or handle approved sampling devices
when being used in sampling.
(c) To maintain certification, a person must pass the MSHA
examination demonstrating competency in sampling procedures every three
years.
(d) MSHA may revoke a person's certification for failing to properly
carry out the required sampling procedures.

Sec. 71.203 Certified person; maintenance and calibration.

[[Page 485]]

in maintenance and calibration procedures for approved sampling devices.
Necessary maintenance of the sampling head assembly of a CMDPSU, or the
cyclone assembly of a CPDM, can be performed by persons certified in
sampling or maintenance and calibration.
(c) To maintain certification, a person must pass the MSHA
examination demonstrating competency in maintenance and calibration
procedures every three years.
(d) MSHA may revoke a person's certification for failing to properly
carry out the required maintenance and calibration procedures.

Sec. 71.204 Approved sampling devices; maintenance and calibration.

(a) Approved sampling devices shall be maintained as approved under
part 74 of this chapter and calibrated in accordance with MSHA
Informational Report IR 1240 (1996) ``Calibration and Maintenance
Procedures for Coal Mine Respirable Dust Samplers'' or in accordance
with the manufacturer's recommendations if using a CPDM. Only persons
certified in maintenance and calibration can perform maintenance work on
the CPDM or on the pump unit of the CMDPSU.
(b) Sampling devices shall be calibrated at the flowrate of 2.0
liters of air per minute (L/min) if using a CMDPSU, or at 2.2 L/min if
using a CPDM, or at a different flowrate recommended by the
manufacturer, before they are put into service and, thereafter, at time
intervals recommended by the manufacturer or prescribed by the Secretary
or Secretary of HHS.
(c) If using a CMDPSU, sampling devices shall be examined and tested
by a person certified in sampling or in maintenance and calibration
within 3 hours before the start of the shift on which the approved
sampling devices will be used to collect respirable dust samples. This
is to assure that the sampling devices are clean and in proper working
condition. This examination and testing shall include the following:
(1) Examination of all components of the cyclone assembly to assure
that they are clean and free of dust and dirt. This includes examining
the interior of the connector barrel (located between the cassette
assembly and vortex finder), vortex finder, cyclone body, and grit pot;
(2) Examination of the inner surface of the cyclone body to assure
that it is free of scoring or scratch marks on the inner surface of the
cyclone where the air flow is directed by the vortex finder into the
cyclone body;
(3) Examination of the external hose connecting the pump unit to the
sampling head assembly to assure that it is clean and free of leaks; and
(4) Examination of the clamping and positioning of the cyclone body,
vortex finder, and cassette to assure that they are rigid, in alignment,
firmly in contact, and airtight.
(5) Testing the voltage of each battery while under actual load to
assure the battery is fully charged. This requires that a fully
assembled and examined sampling head assembly be attached to the pump
inlet with the pump unit running when the voltage check is made. The
voltage for the batteries used in the CMDPSU shall not be lower than the
product of the number of cells in the battery multiplied by the
manufacturer's nominal voltage per cell value.
(d) If using a CPDM, the certified person in sampling or in
maintenance and calibration shall:
(1) Follow the pre-operational examinations, testing, and set-up
procedures, and perform necessary external maintenance recommended by
the manufacturer to assure the operational readiness of the CPDM within
3 hours before the start of the shift on which the sampling devices will
be used to collect respirable dust samples; and
(2) Perform other required scheduled examinations and maintenance
procedures recommended by the manufacturer.
(e) You must proceed in accordance with ``Calibration and
Maintenance Procedures for Coal Mine Respirable Dust Samplers,'' MSHA
Informational Report IR 1240 (1996), referenced in paragraph (a) of this
section. 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. You may obtain a copy from the MSHA Web site at http://
www.msha.gov and you may inspect or

[[Page 486]]

obtain a copy at MSHA, Coal Mine Safety and Health, 201 12th Street
South, Arlington, VA 22202-5452; 202-693-9500; and at each MSHA Coal
Mine Safety and Health District Office, or at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

[79 FR 24982, May 1, 2014, as amended at 80 FR 52989, Sept. 2, 2015]

Sec. 71.205 Approved sampling devices; operation; air flowrate.

The following is required until April 14, 2025:
(a) Approved sampling devices shall be operated at the flowrate of
2.0 L/min, if using a CMDPSU; at 2.2 L/min, if using a CPDM; or at a
different flowrate recommended by the manufacturer.
(b) If using a CMDPSU, each sampling device shall be examined each
shift by a person certified in sampling during:
(1) The second hour after being put into operation to assure it is
in the proper location, operating properly, and at the proper flowrate.
If the proper flowrate is not maintained, necessary adjustments shall be
made by the certified person.
(2) The last hour of operation to assure that it is operating
properly and at the proper flowrate. If the proper flowrate is not
maintained, the respirable dust sample shall be transmitted to MSHA with
a notation by the certified person on the back of the dust data card
stating that the proper flowrate was not maintained. Other events
occurring during the collection of respirable dust samples that may
affect the validity of the sample, such as dropping of the sampling head
assembly onto the mine floor, shall be noted on the back of the dust
data card.
(c) If using a CPDM, the person certified in sampling shall monitor
the dust concentrations and the sampling status conditions being
reported by the sampling device at mid-shift or more frequently as
specified in the approved respirable dust control plan, if applicable,
to assure: The sampling device is in the proper location and operating
properly; and the work environment of the occupation being sampled
remains in compliance with the applicable standard at the end of the
shift.

[79 FR 24982, May 1, 2014, as amended at 89 FR 28476, Apr. 18, 2024]

Effective Date Note: At 89 FR 28477, Apr. 18, 2024, Sec. 71.205 was
removed, effective Apr. 14, 2025.

Sec. 71.205T Approved sampling devices; operation; air flowrate.

As of April 14, 2025:
(a) Approved sampling devices shall be operated at the flowrate of
2.0 L/min, if using a CMDPSU; at 2.2 L/min, if using a CPDM; or at a
different flowrate recommended by the manufacturer.
(b) If using a CMDPSU, each sampling device shall be examined each
shift by a person certified in sampling during:
(1) The second hour after being put into operation to assure it is
in the proper location, operating properly, and at the proper flowrate.
If the proper flowrate is not maintained, necessary adjustments shall be
made by the certified person.
(2) The last hour of operation to assure that it is operating
properly and at the proper flowrate. If the proper flowrate is not
maintained, the respirable dust sample shall be transmitted to MSHA with
a notation by the certified person on the back of the dust data card
stating that the proper flowrate was not maintained. Other events
occurring during the collection of respirable dust samples that may
affect the validity of the sample, such as dropping of the sampling head
assembly onto the mine floor, shall be noted on the back of the dust
data card.
(c) If using a CPDM, the person certified in sampling shall monitor
the dust concentrations and the sampling status conditions being
reported by the sampling device at mid-shift or more frequently as
specified in the approved respirable dust control plan, if applicable,
to assure: The sampling device is in the proper location and operating
properly; and the work environment of the occupation being sampled
remains

[[Page 487]]

in compliance with the standard at the end of the shift.

[89 FR 28476, Apr. 18, 2024]

Effective Date Note: At 89 FR 28477, Apr. 18, 2024, Sec. 71.205T
was redesignated as Sec. 71.205, effective Apr. 14, 2025.

Sec. 71.206 Quarterly sampling; designated work positions.

The following is required until April 14, 2025:
(a) Each operator shall take one valid representative sample from
the DWP during each quarterly period. The quarterly periods are:
January 1-March 31
April 1-June 30
July 1-September 30
October 1-December 31.
(b) When the respirable dust standard is changed in accordance with
Sec. 71.101, the new applicable standard shall become effective 7
calendar days after the date of the notification of the change by MSHA.
(c) Designated work position samples shall be collected at locations
to measure respirable dust generation sources in the active workings.
The specific work positions at each mine where DWP samples shall be
collected include:
(1) Each highwall drill operator (MSHA occupation code 384);
(2) Bulldozer operators (MSHA occupation code 368); and
(3) Other work positions designated by the District Manager for
sampling in accordance with Sec. 71.206(m).
(d) Operators with multiple work positions specified in paragraph
(c)(2) and (c)(3) of this section shall sample the DWP exposed to the
greatest respirable dust concentration in each work position performing
the same activity or task at the same location at the mine and exposed
to the same dust generation source. Each operator shall provide the
District Manager with a list identifying the specific work positions
where DWP samples will be collected for:
(1) Active mines--by October 1, 2014.
(2) New mines--Within 30 calendar days of mine opening.
(3) DWPs with a change in operational status that increases or
reduces the number of active DWPs--within 7 calendar days of the change
in status.
(e) Each DWP sample shall be taken on a normal work shift. If a
normal work shift is not achieved, the respirable dust sample shall be
transmitted to MSHA with a notation by the person certified in sampling
on the back of the dust data card stating that the sample was not taken
on a normal work shift. When a normal work shift is not achieved, the
sample for that shift may be voided by MSHA. However, any sample,
regardless of whether a normal work shift was achieved, that exceeds the
applicable standard by at least 0.1 mg/m\3\ shall be used in the
determination of the equivalent concentration for that occupation.
(f) Unless otherwise directed by the District Manager, DWP samples
shall be taken by placing the sampling device as follows:
(1) Equipment operator: On the equipment operator or on the
equipment within 36 inches of the operator's normal working position.
(2) Non-equipment operators: On the miner assigned to the DWP or at
a location that represents the maximum concentration of dust to which
the miner is exposed.
(g) Upon notification from MSHA that any valid representative sample
taken from a DWP to meet the requirements of paragraph (a) of this
section exceeds the applicable standard, the operator shall, within 15
calendar days of notification, sample that DWP each normal work shift
until five valid representative samples are taken. The operator shall
begin sampling on the first normal work shift following receipt of
notification.
(h) When a valid representative sample taken in accordance with this
section meets or exceeds the excessive concentration value (ECV) in
Table 71-1 that corresponds to the applicable standard and particular
sampling device used, the operator shall:
(1) Make approved respiratory equipment available to affected miners
in accordance with Sec. 72.700 of this chapter;
(2) Immediately take corrective action to lower the concentration of
respirable coal mine dust to at or below the applicable standard; and

[[Page 488]]

(3) Make a record of the corrective actions taken. The record shall
be certified by the mine foreman or equivalent mine official, no later
than the end of the mine foreman's or equivalent official's next
regularly scheduled working shift. The record shall be made in a secure
book that is not susceptible to alteration or electronically in a
computer system so as to be secure and not susceptible to alteration.
Such records shall be retained at a surface location at the mine for at
least 1 year and shall be made available for inspection by authorized
representatives of the Secretary and the representative of miners.
(i) Noncompliance with the applicable standard is demonstrated
during the sampling period when:
(1) Two or more valid representative samples meet or exceed the ECV
in Table 71-1 that corresponds to the applicable standard and the
particular sampling device used; or
(2) The average for all valid representative samples meets or
exceeds the ECV in Table 71-2 that corresponds to the applicable
standard and the particular sampling device used.
(j) Unless otherwise directed by the District Manager, upon issuance
of a citation for a violation of the applicable standard, paragraph (a)
of this section shall not apply to that DWP until the violation is
abated and the citation is terminated in accordance with paragraphs (k)
and (l) of this section.
(k) Upon issuance of a citation for violation of the applicable
standard, the operator shall take the following actions sequentially:
(1) Make approved respiratory equipment available to affected miners
in accordance with Sec. 72.700 of this chapter;
(2) Immediately take corrective action to lower the concentration of
respirable coal mine dust to at or below the applicable standard; and
(3) Make a record of the corrective actions taken. The record shall
be certified by the mine foreman or equivalent mine official, no later
than the end of the mine foreman's or equivalent official's next
regularly scheduled working shift. The record shall be made in a secure
book that is not susceptible to alteration or electronically in a
computer system so as to be secure and not susceptible to alteration.
Such records shall be retained at a surface location at the mine for at
least 1 year and shall be made available for inspection by authorized
representatives of the Secretary and the representative of miners.
(4) Begin sampling, within 8 calendar days after the date the
citation is issued, the environment of the affected DWP on consecutive
normal work shifts until five valid representative samples are taken.
(l) A citation for violation of the applicable standard shall be
terminated by MSHA when the equivalent concentration of each of the five
valid representative samples is at or below the applicable standard.

Table 71-1--Excessive Concentration Values (ECV) Based on Single, Full-
Shift CMDPSU/CPDM Concentration Measurements
------------------------------------------------------------------------
ECV (mg/m\3\)
Applicable standard (mg/m\3\) -------------------------------
CMDPSU CPDM
------------------------------------------------------------------------
2.0..................................... 2.33 2.26
1.9..................................... 2.22 2.15
1.8..................................... 2.12 2.04
1.7..................................... 2.01 1.92
1.6..................................... 1.90 1.81
1.5..................................... 1.79 1.70
1.4..................................... 1.69 1.58
1.3..................................... 1.59 1.47
1.2..................................... 1.47 1.36
1.1..................................... 1.37 1.25
1.0..................................... 1.26 1.13
0.9..................................... 1.16 1.02
0.8..................................... 1.05 0.91
0.7..................................... 0.95 0.79
0.6..................................... 0.85 0.68
0.5..................................... 0.74 0.57
0.4..................................... 0.65 0.46
0.3..................................... 0.54 0.34
0.2..................................... 0.44 0.23
------------------------------------------------------------------------

Table 71-2--Excessive Concentration Values (ECV) Based on the Average of
5 Full-Shift CMDPSU/CPDM Concentration Measurements
------------------------------------------------------------------------
ECV (mg/m\3\)
Applicable standard (mg/m\3\) -------------------------------
CMDPSU CPDM
------------------------------------------------------------------------
2.0..................................... 2.15 2.12
1.9..................................... 2.05 2.01
1.8..................................... 1.94 1.91
1.7..................................... 1.84 1.80
1.6..................................... 1.74 1.70
1.5..................................... 1.63 1.59
1.4..................................... 1.53 1.49
1.3..................................... 1.43 1.38
1.2..................................... 1.33 1.27

[[Page 489]]

1.1..................................... 1.22 1.17
1.0..................................... 1.12 1.06
0.9..................................... 1.02 0.96
0.8..................................... 0.92 0.85
0.7..................................... 0.81 0.75
0.6..................................... 0.71 0.64
0.5..................................... 0.61 0.53
0.4..................................... 0.51 0.43
0.3..................................... 0.41 0.32
0.2..................................... 0.31 0.22
------------------------------------------------------------------------

(m) The District Manager may designate for sampling under this
section additional work positions at a surface coal mine and at a
surface work area of an underground coal mine where a concentration of
respirable dust exceeding 50 percent of the standard in effect at the
time the sample is taken, or a concentration of respirable dust
exceeding 50 percent of the standard established in accordance with
Sec. 71.101, has been measured by one or more MSHA valid representative
samples.
(n) The District Manager may withdraw from sampling any DWP
designated for sampling under paragraph (m) of this section upon finding
that the operator is able to maintain continuing compliance with the
applicable standard. This finding shall be based on the results of MSHA
and operator valid representative samples taken during at least a 12-
month period.

[79 FR 24982, May 1, 2014, as amended at 89 FR 28477, Apr. 18, 2024]

Effective Date Note: At 89 FR 28478, Apr. 18, 2024, Sec. 71.206 was
removed, effective Apr. 14, 2025.

Sec. 71.206T Quarterly sampling; designated work positions.

As of April 14, 2025:
(a) Each operator shall take one valid representative sample from
the DWP during each quarterly period. The quarterly periods are:
(1) January 1-March 31
(2) April 1-June 30
(3) July 1-September 30
(4) October 1-December 31.
(b) [Reserved]
(c) Designated work position samples shall be collected at locations
to measure respirable dust generation sources in the active workings.
The specific work positions at each mine where DWP samples shall be
collected include:
(1) Each highwall drill operator (MSHA occupation code 384);
(2) Bulldozer operators (MSHA occupation code 368); and
(3) Other work positions designated by the District Manager for
sampling in accordance with Sec. 71.206(m).
(d) Operators with multiple work positions specified in paragraphs
(b)(2) and (3) of this section shall sample the DWP exposed to the
greatest respirable dust concentration in each work position performing
the same activity or task at the same location at the mine and exposed
to the same dust generation source. Each operator shall provide the
District Manager with a list identifying the specific work positions
where DWP samples will be collected for:
(1) Active mines--by October 1, 2014.
(2) New mines--Within 30 calendar days of mine opening.
(3) DWPs with a change in operational status that increases or
reduces the number of active DWPs--within 7 calendar days of the change
in status.
(e) Each DWP sample shall be taken on a normal work shift. If a
normal work shift is not achieved, the respirable dust sample shall be
transmitted to MSHA with a notation by the person certified in sampling
on the back of the dust data card stating that the sample was not taken
on a normal work shift. When a normal work shift is not achieved, the
sample for that shift may be voided by MSHA. However, any sample,
regardless of whether a normal work shift was achieved, that exceeds the
standard by at least 0.1 mg/m\3\ shall be used in the determination of
the equivalent concentration for that occupation.
(f) Unless otherwise directed by the District Manager, DWP samples
shall be taken by placing the sampling device as follows:
(1) Equipment operator: On the equipment operator or on the
equipment within 36 inches of the operator's normal working position.

[[Page 490]]

(2) Non-equipment operators: On the miner assigned to the DWP or at
a location that represents the maximum concentration of dust to which
the miner is exposed.
(g) Upon notification from MSHA that any valid representative sample
taken from a DWP to meet the requirements of paragraph (a) of this
section exceeds the standard, the operator shall, within 15 calendar
days of notification, sample that DWP each normal work shift until five
valid representative samples are taken. The operator shall begin
sampling on the first normal work shift following receipt of
notification.
(h) When a valid representative sample taken in accordance with this
section meets or exceeds the excessive concentration value (ECV) in
table 1 to this section that corresponds to the particular sampling
device used, the mine operator shall:
(1) Make approved respiratory equipment available to affected miners
in accordance with Sec. 72.700 of this chapter;
(2) Immediately take corrective action to lower the concentration of
respirable coal mine dust to at or below the standard; and
(3) Make a record of the corrective actions taken. The record shall
be certified by the mine foreman or equivalent mine official, no later
than the end of the mine foreman's or equivalent official's next
regularly scheduled working shift. The record shall be made in a secure
book that is not susceptible to alteration or electronically in a
computer system so as to be secure and not susceptible to alteration.
Such records shall be retained at a surface location at the mine for at
least 1 year and shall be made available for inspection by authorized
representatives of the Secretary and the representative of miners.
(i) Noncompliance with the standard is demonstrated during the
sampling period when:
(1) Two or more valid representative samples meet or exceed the ECV
in table 1 to this section that corresponds to the particular sampling
device used; or
(2) The average for all valid representative samples meets or
exceeds the ECV in table 1 to this section that corresponds to the
particular sampling device used.
(j) Unless otherwise directed by the District Manager, upon issuance
of a citation for a violation of the standard, paragraph (a) of this
section shall not apply to that DWP until the violation is abated and
the citation is terminated in accordance with paragraphs (j) and (k) of
this section.
(k) Upon issuance of a citation for violation of the standard, the
operator shall take the following actions sequentially:
(1) Make approved respiratory equipment available to affected miners
in accordance with Sec. 72.700 of this chapter;
(2) Immediately take corrective action to lower the concentration of
respirable coal mine dust to at or below the standard; and
(3) Make a record of the corrective actions taken. The record shall
be certified by the mine foreman or equivalent mine official, no later
than the end of the mine foreman's or equivalent official's next
regularly scheduled working shift. The record shall be made in a secure
book that is not susceptible to alteration or electronically in a
computer system so as to be secure and not susceptible to alteration.
Such records shall be retained at a surface location at the mine for at
least 1 year and shall be made available for inspection by authorized
representatives of the Secretary and the representative of miners.
(4) Begin sampling, within 8 calendar days after the date the
citation is issued, the environment of the affected DWP on consecutive
normal work shifts until five valid representative samples are taken.
(l) A citation for violation of the standard shall be terminated by
MSHA when the equivalent concentration of each of the five valid
representative samples is at or below the standard.
(m) The District Manager may designate for sampling under this
section additional work positions at a surface coal mine and at a
surface work area of an underground coal mine where a concentration of
respirable dust exceeding 50 percent of the standard has been measured
by one or more MSHA valid representative samples.

[[Page 491]]

(n) The District Manager may withdraw from sampling any DWP
designated for sampling under paragraph (m) of this section upon finding
that the operator is able to maintain continuing compliance with the
standard. This finding shall be based on the results of MSHA and
operator valid representative samples taken during at least a 12-month
period.

Table 1 to Sec. 71.206T--Excessive Concentration Values (ECV) Based on a Single Sample, Two Samples, or the
Average of Five Full-Shift CMDPSU/CPDM Concentration Measurements
----------------------------------------------------------------------------------------------------------------
ECV (mg/m\3\)
Section Samples -------------------------------
CMDPSU CPDM
----------------------------------------------------------------------------------------------------------------
71.206(h).................................. Single sample...................... 1.79 1.70
71.206(i)(1)............................... 2 or more samples.................. 1.79 1.70
71.206(i)(2)............................... 5 sample average................... 1.63 1.59
71.206(l).................................. Each of 5 samples.................. 1.79 1.70
----------------------------------------------------------------------------------------------------------------

[89 FR 28477, Apr. 18, 2024]

Effective Date Note: At 89 FR 28478, Apr. 18, 2024, Sec. 71.206T
was redesignated as Sec. 71.206, and table 1 to Sec. 71.206T was
redesignated as table 1 to Sec. 71.206, effective Apr. 14, 2025.

Sec. 71.207 Respirable dust samples; transmission by operator.

(a) If using a CMDPSU, the operator shall transmit within 24 hours
after the end of the sampling shift all samples collected to fulfill the
requirements of this part, including control filters, in containers
provided by the manufacturer of the filter cassette to: Respirable Dust
Processing Laboratory, Pittsburgh Safety and Health Technology Center,
626 Cochrans Mill Road, Building 38, Pittsburgh, PA 15236-3611, or to
any other address designated by the District Manager.
(b) The operator shall not open or tamper with the seal of any
filter cassette or alter the weight of any filter cassette before or
after it is used to fulfill the requirements of this part.
(c) A person certified in sampling shall properly complete the dust
data card that is provided by the manufacturer for each filter cassette.
The card shall have an identification number identical to that on the
cassette used to take the sample and be submitted to MSHA with the
sample. Each card shall be signed by the certified person who actually
performed the required examinations under 71.205(b) of this part during
the sampling shift and shall include that person's MSHA Individual
Identification Number (MIIN). Respirable dust samples with data cards
not properly completed may be voided by MSHA.
(d) All respirable dust samples collected by the operator shall be
considered taken to fulfill the sampling requirements of part 70, 71, or
90 of this title, unless the sample has been identified in writing by
the operator to the District Manager, prior to the intended sampling
shift, as a sample to be used for purposes other than required by part
70, 71, or 90 of this title.
(e) Respirable dust samples received by MSHA in excess of those
required by this part shall be considered invalid samples.
(f) If using a CPDM, the person certified in sampling shall (1)
validate, certify, and transmit electronically to MSHA within 24 hours
after the end of each sampling shift all sample data file information
collected and stored in the CPDM, including the sampling status
conditions encountered when sampling each DWP; and (2) not tamper with
the CPDM or its components in any way before, during, or after it is
used to fulfill the requirements of this part, or alter any sample data
files. All CPDM data files transmitted electronically to MSHA shall be
maintained by the operator for at least 12 months.

[79 FR 24982, May 1, 2014, as amended at 80 FR 52989, Sept. 2, 2015]

Sec. 71.208 Respirable dust samples; report to operator; posting.

(a) MSHA shall provide the operator, as soon as practicable, a
report with the following data on respirable dust samples submitted or
whose results

[[Page 492]]

were transmitted electronically, if using a CPDM, in accordance with
this part:
(1) The mine identification number;
(2) The DWP at the mine from which the samples were taken;
(3) The concentration of respirable dust, expressed as an equivalent
concentration for each valid sample;
(4) The average equivalent concentration of respirable dust for all
valid samples;
(5) The occupation code; and
(6) The reason for voiding any sample.
(b) Upon receipt, the operator shall post this data for at least 31
days on the mine bulletin board.
(c) If using a CPDM, the person certified in sampling shall, within
12 hours after the end of each sampling shift, print, sign, and post on
the mine bulletin board a paper record (Dust Data Card) of each sample
run. This hard-copy record shall include the data entered when the
sample run was first programmed, and the following:
(1) The mine identification number;
(2) The DWP at the mine from which the samples were taken;
(3) The concentration of respirable dust, expressed as an equivalent
concentration reported and stored for each sample;
(4) The sampling status conditions encountered for each sample; and
(5) The shift length.
(d) The information required by paragraph (c) of this section shall
remain posted until receipt of the MSHA report covering these respirable
dust samples.

Sec. 71.209 Status change reports.

(a) If there is a change in operational status that affects the
respirable dust sampling requirements of this part, the operator shall
report the change in operational status of the mine or DWP to the MSHA
District Office or to any other MSHA office designated by the District
Manager. Status changes shall be reported in writing or electronically
within 3 working days after the status change has occurred.
(b) Each specific operational status is defined as follows:
(1) Underground mine:
(i) Producing--has at least one mechanized mining unit producing
material.
(ii) Nonproducing--no material is being produced.
(iii) Abandoned--the work of all miners has been terminated and
production activity has ceased.
(2) Surface mine:
(i) Producing--normal activity is occurring and coal is being
produced or processed or other material or equipment is being handled or
moved.
(ii) Nonproducing--normal activity is not occurring and coal is not
being produced or processed, and other material or equipment is not
being handled or moved.
(iii) Abandoned--the work of all miners has been terminated and all
activity has ceased.
(3) DWP:
(i) Producing--normal activity is occurring.
(ii) Nonproducing--normal activity is not occurring.
(iii) Abandoned--the dust generating source has been withdrawn and
activity has ceased.

Subpart D_Respirable Dust Control Plans

Source: 79 FR 24985, May 1, 2014, unless otherwise noted.

Sec. 71.300 Respirable dust control plan; filing requirements.

The following is required until April 14, 2025:
(a) Within 15 calendar days after the termination date of a citation
for violation of the applicable standard, the operator shall submit to
the District Manager for approval a written respirable dust control plan
applicable to the DWP identified in the citation. The respirable dust
control plan and revisions thereof shall be suitable to the conditions
and the mining system of the coal mine and shall be adequate to
continuously maintain respirable dust to at or below the applicable
standard at the DWP identified in the citation.
(1) The mine operator shall notify the representative of miners at
least 5 days prior to submission of a respirable dust control plan and
any revision to a dust

[[Page 493]]

control plan. If requested, the mine operator shall provide a copy to
the representative of miners at the time of notification;
(2) A copy of the proposed respirable dust control plan, and a copy
of any proposed revision, submitted for approval shall be made available
for inspection by the representative of miners; and
(3) A copy of the proposed respirable dust control plan, and a copy
of any proposed revision, submitted for approval shall be posted on the
mine bulletin board at the time of submittal. The proposed plan or
proposed revision shall remain posted until it is approved, withdrawn,
or denied.
(4) Following receipt of the proposed plan or proposed revision, the
representative of miners may submit timely comments to the District
Manager, in writing, for consideration during the review process. Upon
request, a copy of these comments shall be provided to the operator by
the District Manager.
(b) Each respirable dust control plan shall include at least the
following:
(1) The mine identification number and DWP number assigned by MSHA,
the operator's name, mine name, mine address, and mine telephone number
and the name, address, and telephone number of the principal officer in
charge of health and safety at the mine;
(2) The specific DWP at the mine to which the plan applies;
(3) A detailed description of the specific respirable dust control
measures used to abate the violation of the respirable dust standard;
and
(4) A detailed description of how each of the respirable dust
control measures described in response to paragraph (b)(3) of this
section will continue to be used by the operator, including at least the
specific time, place and manner the control measures will be used.

[79 FR 24985, May 1, 2014, as amended at 89 FR 28478, Apr. 18, 2024]

Effective Date Note: At 89 FR 28478, Apr. 18, 2024, Sec. 71.300 was
removed, effective Apr. 14, 2025.

Sec. 71.300T Respirable dust control plan; filing requirements.

As of April 14, 2025:
(a) Within 15 calendar days after the termination date of a citation
for violation of the standard, the operator shall submit to the District
Manager for approval a written respirable dust control plan applicable
to the DWP identified in the citation. The respirable dust control plan
and revisions thereof shall be suitable to the conditions and the mining
system of the coal mine and shall be adequate to continuously maintain
respirable dust to at or below the standard at the DWP identified in the
citation.
(1) The mine operator shall notify the representative of miners at
least 5 days prior to submission of a respirable dust control plan and
any revision to a dust control plan. If requested, the mine operator
shall provide a copy to the representative of miners at the time of
notification;
(2) A copy of the proposed respirable dust control plan, and a copy
of any proposed revision, submitted for approval shall be made available
for inspection by the representative of miners; and
(3) A copy of the proposed respirable dust control plan, and a copy
of any proposed revision, submitted for approval shall be posted on the
mine bulletin board at the time of submittal. The proposed plan or
proposed revision shall remain posted until it is approved, withdrawn,
or denied.
(4) Following receipt of the proposed plan or proposed revision, the
representative of miners may submit timely comments to the District
Manager, in writing, for consideration during the review process. Upon
request, a copy of these comments shall be provided to the operator by
the District Manager.
(b) Each respirable dust control plan shall include at least the
following:
(1) The mine identification number and DWP number assigned by MSHA,
the operator's name, mine name, mine address, and mine telephone number
and the name, address, and telephone number of the principal officer in
charge of health and safety at the mine;
(2) The specific DWP at the mine to which the plan applies;
(3) A detailed description of the specific respirable dust control
measures

[[Page 494]]

used to abate the violation of the respirable dust standard; and
(4) A detailed description of how each of the respirable dust
control measures described in response to paragraph (b)(3) of this
section will continue to be used by the operator, including at least the
specific time, place and manner the control measures will be used.

[89 FR 28478, Apr. 18, 2024]

Effective Date Note: At 89 FR 28478, Apr. 18, 2024, Sec. 71.300T
was redesignated as Sec. 71.300, effective Apr. 14, 2025.

Sec. 71.301 Respirable dust control plan; approval by District Manager
and posting.

The following is required until April 14, 2025:
(a) The District Manager will approve respirable dust control plans
on a mine-by-mine basis. When approving respirable dust control plans,
the District Manager shall consider whether:
(1) The respirable dust control measures would be likely to maintain
concentrations of respirable coal mine dust at or below the applicable
standard; and
(2) The operator's compliance with all provisions of the respirable
dust control plan could be objectively ascertained by MSHA.
(b) MSHA may take respirable dust samples to determine whether the
respirable dust control measures in the operator's plan effectively
maintain concentrations of respirable coal mine dust at or below the
applicable standard.
(c) The operator shall comply with all provisions of each respirable
dust control plan upon notice from MSHA that the respirable dust control
plan is approved.
(d) The approved respirable dust control plan and any revisions
shall be:
(1) Provided upon request to the representative of miners by the
operator following notification of approval;
(2) Made available for inspection by the representative of miners;
and
(3) Posted on the mine bulletin board within 1 working day following
notification of approval, and shall remain posted for the period that
the plan is in effect.
(e) The operator may review respirable dust control plans and submit
proposed revisions to such plans to the District Manager for approval.

[79 FR 24985, May 1, 2014, as amended at 89 FR 28478, Apr. 18, 2024]

Effective Date Note: At 89 FR 28479, Apr. 18, 2024, Sec. 71.301 was
removed, effective Apr. 14, 2025.

Sec. 71.301T Respirable dust control plan; approval by District Manager
and posting.

As of April 8, 2026:
(a) The District Manager will approve respirable dust control plans
on a mine-by-mine basis. When approving respirable dust control plans,
the District Manager shall consider whether:
(1) The respirable dust control measures would be likely to maintain
concentrations of respirable coal mine dust at or below the standard;
and
(2) The operator's compliance with all provisions of the respirable
dust control plan could be objectively ascertained by MSHA.
(b) MSHA may take respirable dust samples to determine whether the
respirable dust control measures in the operator's plan effectively
maintain concentrations of respirable coal mine dust at or below the
applicable standard.
(c) The operator shall comply with all provisions of each respirable
dust control plan upon notice from MSHA that the respirable dust control
plan is approved.
(d) The approved respirable dust control plan and any revisions
shall be:
(1) Provided upon request to the representative of miners by the
operator following notification of approval;
(2) Made available for inspection by the representative of miners;
and
(3) Posted on the mine bulletin board within 1 working day following
notification of approval, and shall remain posted for the period that
the plan is in effect.
(e) The operator may review respirable dust control plans and submit
proposed revisions to such plans to the District Manager for approval.

[89 FR 28478, Apr. 18, 2024]

Effective Date Note: At 89 FR 28479, Apr. 18, 2024, Sec. 71.301T
was redesignated as Sec. 71.301, effective Apr. 14, 2025.

[[Page 495]]

Subpart E_Surface Bathing Facilities, Change Rooms, and Sanitary Flush
Toilet Facilities at Surface Coal Mines

Sec. 71.400 Bathing facilities; change rooms; sanitary flush
toilet facilities.

Each operator of a surface coal mine shall provide bathing
facilities, clothing change rooms, and sanitary flush toilet facilities,
as hereinafter prescribed, for the use of miners employed in the surface
installations and at the surface worksites of such mine. (Note: Sanitary
facilities at surface work areas of underground mines are subject to the
provisions of Sec. 75.1712 of this chapter et seq.)

Sec. 71.401 Location of facilities.

Bathhouses, change rooms, and sanitary flush toilet facilities shall
be in a location convenient for the use of the miners. Where these
facilities are designed to serve more than one mine, they shall be
centrally located so as to be convenient for the use of all miners
served by the facilities.

Sec. 71.402 Minimum requirements for bathing facilities, change rooms,
and sanitary flush toilet facilities.

(a) All bathing facilities, change rooms, and sanitary flush toilet
facilities shall be provided with adequate light, heat, and ventilation
so as to maintain a comfortable air temperature and to minimize the
accumulation of moisture and odors, and the facilities shall be
maintained in a clean and sanitary condition.
(b) Bathing facilities, change rooms, and sanitary flush toilet
facilities shall be constructed and equipped so as to comply with
applicable State and local building codes. However, where no State or
local building codes apply to these facilities, or where no State or
local building codes exist, the facilities shall be constructed and
equipped so as to meet the minimum construction requirements in the
National Building Code (1967 edition) and the plumbing requirements in
the National Plumbing Code (ASA A40.8-1955), which documents are hereby
incorporated by reference and made a part hereof. These documents are
available for examination at MSHA's Office of Standards, Regulations,
and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-
9440; and at every MSHA Coal Mine Safety and Health District Office.
Copies of the National Plumbing Code (ASA A40.8-1955) may be purchased
from the American National Standards Institute, Inc., 25 W. 43rd Street,
4th Floor, New York, NY 10036; http://www.ansi.org.
(c) In addition to the minimum requirements specified in paragraphs
(a) and (b) of this section, facilities maintained in accordance with
Sec. 71.400 shall include the following:
(1) Bathing facilities. (i) Showers shall be provided with both hot
and cold water.
(ii) At least one shower head shall be provided where five or less
miners use such showers.
(iii) Where five or more miners use such showers, sufficient showers
shall be furnished to provide approximately one shower head for each
five miners.
(iv) A suitable nonirritating cleansing agent shall be provided for
use at each shower.
(2) Sanitary flush toilet facilities. (i) At least one sanitary
flush toilet shall be provided where 10 or less miners use such toilet
facilities.
(ii) Where 10 or more miners use such toilet facilities, sufficient
flush toilets shall be furnished to provide approximately one sanitary
flush toilet for each 10 miners.
(iii) Where 30 or more miners use toilet facilities, one urinal may
be substituted for one flush toilet, however, where such substitutions
are made they shall not reduce the number of toilets below a ratio of
two flush toilets to one urinal.
(iv) An adequate supply of toilet paper shall be provided with each
toilet.
(v) Adequate handwashing facilities or hand lavatories shall be
provided in or adjacent to each toilet facility.
(3) Change rooms. (i) Individual clothes storage containers or
lockers shall be provided for storage of miners' clothing and other
incidental personal belongings during and between shifts.
(ii) Change rooms shall be provided with sample space to permit the
use of

[[Page 496]]

such facilities by all miners changing clothes prior to and after each
shift.

[37 FR 6368, Mar. 28, 1972, as amended at 43 FR 12319, Mar. 24, 1978; 67
FR 38385, June 4, 2002; 71 FR 16668, Apr. 3, 2006; 80 FR 52989, Sept. 2,
2015]

Sec. 71.403 Waiver of surface facilities requirements; posting of waiver.

(a) The Coal Mine Health and Safety District Manager for the
district in which the mine is located, after consultation with the
appropriate Regional Program Director, National Institute for
Occupational Safety and Health, may, upon written application by the
operator, and after consideration of any comments filed within 30 days
after receipt of the application, waive any or all of the requirements
for Sec. Sec. 71.400 through 71.402 for a period not to exceed 1 year
if he determines that--
(1) The operator is providing or making available, under
arrangements with one or more third parties, facilities which are at
least equivalent to those required by the standards, or
(2) It is impractical for the operator to meet the requirement(s) or
provide the facility (facilities) for which the waiver is sought.
(b) The waiver shall be in writing and shall set forth the
requirement(s) which the operator will not be required to meet or the
facilities which the operator will not be required to provide and the
specific reason or reasons for such waiver.
(c) Upon receipt of any waiver, the operator shall post a copy of
the waiver for at least 30 days on the mine bulletin board required by
section 107(a) of the Act.
(d) An extension of the waiver at the end of 1 year may be sought by
the operator by filing an application pursuant to Sec. 71.404 no later
than 30 days nor more than 60 days prior to the expiration date of the
waiver.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[37 FR 6368, Mar. 28, 1972, as amended at 47 FR 14696, Apr. 6, 1982; 60
FR 33723, June 29, 1995]

Sec. 71.404 Application for waiver of surface facilities requirements.

(a) Application for waivers of any requirements of Sec. Sec. 71.400
through 71.402 shall be in writing, filed with the appropriate Coal Mine
Health and Safety District Manager, and shall contain the following
information:
(1) The name and address of the mine operator,
(2) The name and location of the mine, and
(3) A detailed statement of the grounds upon which the waiver is
requested and the period of time for which it is requested.
(b) At the same time the application is sent to the District
Manager, a copy of the application shall be forwarded to the appropriate
Regional Program Director, National Institute for Occupational Safety
and Health by the operator, and a copy showing the addresses of the
appropriate District Manager and Regional Program Director shall be
posted by the operator for at least 30 days on the mine bulletin board
required by section 107(a) of the Act.

Subpart F_Sanitary Toilet Facilities at Surface Worksites of Surface
Coal Mines

Sec. 71.500 Sanitary toilet facilities at surface work sites;
installation requirements.

(a) Each operator of a surface coal mine shall provide and install
at least one sanitary toilet in a location convenient to each surface
work site. A single sanitary toilet may serve two or more surface work
sites in the same surface mine where the sanitary toilet is convenient
to each such work site.
(b) Where 10 or more miners use such toilet facilities, sufficient
toilets shall be furnished to provide approximately one sanitary toilet
for each 10 miners.
(c) Sanitary toilets shall have an attached toilet seat with a
hinged lid and a toilet paper holder together with an adequate supply of
toilet tissue.
(d) Only flush or nonflush chemical or biological toilets,
combustion or incinerating toilets, sealed bag toilets, and vault
toilets meet the requirements of this section. Privies are prohibited.

[[Page 497]]

Note to paragraph (d): Sanitary toilet facilities for surface work
areas of underground mines are subject to the provisions of Sec.
75.1712-3 of this chapter.)

[68 FR 37087, June 23, 2003]

Sec. 71.501 Sanitary toilet facilities; maintenance.

Sanitary toilets provided in accordance with the provisions of Sec.
71.500 shall be regularly maintained in a clean and sanitary condition.
Holding tanks shall be serviced and cleaned when full and in no case
less than once each week when in use by draining or pumping or by
removing them for cleaning and recharging. Transfer tanks and transfer
equipment, if used, shall be equipped with suitable fittings to permit
complete draining without spillage and allow for the sanitary
transportation of wastes. Waste shall be disposed of in accordance with
State and local laws and regulations.

Subpart G_Drinking Water

Sec. 71.600 Drinking water; general.

An adequate supply of potable water shall be provided for drinking
purposes in each surface installation and at each surface worksite of
the mine.

Sec. 71.601 Drinking water; quality.

(a) Potable water provided in accordance with the provisions of
Sec. 71.600 shall meet the applicable minimum health requirements for
drinking water established by the State or community in which the mine
is located.
(b) Where no such requirements are applicable, the drinking water
provided shall conform to the Public Health Service Drinking Water
Standards, 42 CFR part 72, subpart J.

Sec. 71.602 Drinking water; distribution.

(a) Water shall be piped or transported in sanitary containers.
Water systems and appurtenances thereto shall be constructed and
maintained in accordance with State and local requirements. Where no
such requirements are applicable, water systems and appurtenances shall
be constructed and maintained in accordance with the National Plumbing
Code (ASA A40.8--1955) which is hereby incorporated by reference and
made a part hereof. (For information as to the availability of this
code, see Sec. 71.402(b).)
(b) Water transported to the site shall be carried, stored and
otherwise protected in sanitary containers constructed of smooth,
impervious, heavy gauge, corrosion resistant materials. The containers
shall be marked with the words ``Drinking Water.''

Sec. 71.603 Drinking water; dispensing requirements.

(a) Water shall be dispensed through a drinking fountain or from a
water storage container with an adequate supply of single service cups
stored in a clean, sanitary manner. Water shall not be dipped from
inside water storage containers. Use of a common drinking cup is
prohibited.
(b) Water containers shall remain sealed at all times during use and
shall not be refilled with water for reuse without first being cleaned
and disinfected with the use of heat or sanitizers.
(c) Drinking fountains from which water is dispensed shall be
thoroughly cleaned once each week.
(d) Ice used for cooling drinking water shall not be immersed or in
direct contact with the water to be cooled, unless it has been handled
in a sanitary manner and unless the ice is made from the same source as
the drinking water or from water of a quality equal to the source of the
drinking water.

Subpart H_Airborne Contaminants

Sec. 71.700 Inhalation hazards; threshold limit values for gases, dust,
fumes, mists, and vapors.

(a) No operator of an underground coal mine and no operator of a
surface coal mine may permit any person working at a surface
installation or surface worksite to be exposed to airborne contaminants
(other than respirable coal mine dust, respirable dust containing
quartz, and asbestos dust) in excess of, on the basis of a time-weighted
average, the threshold limit values adopted by the American Conference
of Governmental Industrial Hygienists in ``Threshold Limit Values of
Airborne Contaminants'' (1972), which

[[Page 498]]

is hereby incorporated by reference and made a part hereof. Excursions
above the listed threshold limit values shall not be of greater
magnitude than is characterized as permissible by the conference. This
paragraph does not apply to airborne contaminants given a ``C''
designation by the conference in the document. This document is
available for examination at MSHA's Office of Standards, Regulations,
and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-
9440; and at every MSHA Coal Mine Safety and Health District Office.
Copies of the document may be purchased from the American Conference of
Governmental Industrial Hygienists, 1330 Kemper Meadow Drive, Attn:
Customer Service, Cincinnati, OH 45240; 513-742-2020; http://
www.acgih.org.
(b) All persons, including employees, shall be withdrawn from any
area in which there is a concentration of an airborne contaminant given
a ``C'' designation by the Conference which exceeds the threshold limit
value (ceiling ``C'' limit) listed for that contaminant.

[37 FR 6368, Mar. 28, 1972, as amended at 39 FR 17101, May 13, 1974; 43
FR 12319, Mar. 24, 1978. Redesignated at 45 FR 80756, Dec. 5, 1980, as
amended at 67 FR 38385, June 4, 2002; 71 FR 16668, Apr. 3, 2006; 80 FR
52990, Sept. 2, 2015]

Sec. 71.701 Sampling; general requirements.

(a) Air samples will be taken by the Secretary and will be analyzed
to determine the concentrations of noxious or poisonous gases, dusts,
fumes, mists, and vapors in surface installations and at surface
worksites.
(b) Upon written notification by the Secretary to the operator of an
underground coal mine or of a surface coal mine, the operator shall
conduct any additional air sampling tests and analyses as the Secretary
may from time to time require in order to ensure compliance with the
standards set forth in Sec. 71.700 in each surface installation and at
each surface worksite.
(c) Where concentrations of airborne contaminants in excess of the
applicable threshold limit values, permissible exposure limits, or
permissible excursions are known by the operator to exist in a surface
installation or at a surface worksite, the operator shall immediately
provide necessary control measures to assure compliance with Sec.
71.700 or Sec. 71.702, as applicable.
(d) Where the operator has reasonable grounds to believe that
concentrations of airborne contaminants in excess of the applicable
threshold limit values, permissible exposure limits, or permissible
excursions exist, or are likely to exist, the operator shall promptly
conduct appropriate air sampling tests to determine the concentration of
any airborne contaminant which may be present and immediately provide
the necessary control measures to assure compliance with Sec. 71.700 or
Sec. 71.702, as applicable.

[37 FR 6368, Mar. 28, 1972. Redesignated at 45 FR 80756, Dec. 5, 1980;
73 FR 11304, Feb. 29, 2008]

Sec. 71.702 Asbestos standard.

(a) Definitions. Asbestos is a generic term for a number of
asbestiform hydrated silicates that, when crushed or processed, separate
into flexible fibers made up of fibrils.
Asbestos means chrysotile, cummingtonite-grunerite asbestos
(amosite), crocidolite, anthophylite asbestos, tremolite asbestos, and
actinolite asbestos.
Asbestos fiber means a fiber of asbestos that meets the criteria of
a fiber.
Fiber means a particle longer than 5 micrometers ([micro]m) with a
length-to-diameter ratio of at least 3-to-1.
(b) Permissible Exposure Limits (PELs)--(1) Full-shift limit. A
miner's personal exposure to asbestos shall not exceed an 8-hour time-
weighted average full-shift airborne concentration of 0.1 fiber per
cubic centimeter of air (f/cc).
(2) Excursion limit. No miner shall be exposed at any time to
airborne concentrations of asbestos in excess of 1 fiber per cubic
centimeter of air (f/cc) as averaged over a sampling period of 30
minutes.
(c) Measurement of airborne asbestos fiber concentration. Potential
asbestos fiber concentration shall be determined by phase contrast
microscopy (PCM) using the OSHA Reference Method in OSHA's asbestos
standard found in 29 CFR 1910.1001, Appendix A, or a method at least
equivalent to that method in

[[Page 499]]

identifying a potential asbestos exposure exceeding the 0.1 f/cc full-
shift limit or the 1 f/cc excursion limit. When PCM results indicate a
potential exposure exceeding the 0.1 f/cc full-shift limit or the 1 f/cc
excursion limit, samples shall be further analyzed using transmission
electron microscopy according to NIOSH Method 7402 or a method at least
equivalent to that method.

[73 FR 11304, Feb. 29, 2008, as amended at 73 FR 66172, Nov. 7, 2008]

PART 72_HEALTH STANDARDS FOR COAL MINES--Table of Contents

Subpart A_General

Sec.
72.1 Scope.

Subpart B_Medical Surveillance

72.100 Periodic examinations.

Subpart C [Reserved]

Subpart D_Diesel Particulate Matter_Underground Areas of Underground
Coal Mines

72.500 Emission limits for permissible diesel-powered equipment.
72.501 Emission limits for nonpermissible heavy-duty diesel-powered
equipment, generators and compressors.
72.502 Requirements for nonpermissible light-duty diesel-powered
equipment other than generators and compressors.
72.503 Determination of emissions; filter maintenance; definition of
``introduced''.
72.510 Miner health training.
72.520 Diesel equipment inventory.

Subpart E_Miscellaneous

72.610 Abrasive blasting.
72.620 Drill dust control at surface mines and surface areas of
underground mines.
72.630 Drill dust control at underground areas of underground mines.
72.700 Respiratory equipment; respirable dust.
72.701 Respiratory equipment; gas, dusts, fumes, or mists.
72.710 Selection, fit, use, and maintenance of approved respirators.
72.710T Selection, fit, use, and maintenance of approved respirators.
72.800 Single, full-shift measurement of respirable coal mine dust.
72.800T Single, full-shift measurement of respirable coal mine dust.

Authority: 30 U.S.C. 811, 813(h), 957.

Source: 59 FR 8327, Feb. 18, 1994, unless otherwise noted.

Subpart A_General

Sec. 72.1 Scope.

The health standards in this part apply to all coal mines.

Subpart B_Medical Surveillance

Source: 79 FR 24986, May 1, 2014, unless otherwise noted.

Sec. 72.100 Periodic examinations.

(a) Each operator of a coal mine shall provide to each miner
periodic examinations including chest x-rays, spirometry, symptom
assessment, and occupational history at a frequency specified in this
section and at no cost to the miner.
(1) Each operator shall use facilities approved by the National
Institute for Occupational Safety and Health (NIOSH) to provide
examinations specified in paragraph (a) of this section.
(2) The results of examinations or tests made pursuant to this
section shall be furnished only to the Secretary, Secretary of Health
and Human Services (HHS), and at the request of the miner, to the
miner's designated physician.
(b) Voluntary examinations. Each operator shall provide the
opportunity to have the examinations specified in Sec. 72.100(a) at
least every 5 years to all miners employed at a coal mine. The
examinations shall be available during a 6-month period that begins no
less than 3.5 years and not more than 4.5 years from the end of the last
6-month period.
(c) Mandatory examinations. For each miner who begins work at a coal
mine for the first time, the operator shall provide examinations
specified in Sec. 72.100(a) as follows:
(1) An initial examination no later than 30 days after beginning
employment;
(2) A follow-up examination no later than 3 years after the initial
examination in paragraph (c)(1); and
(3) A follow-up examination no later than 2 years after the
examinations in

[[Page 500]]

paragraph (c)(2) if the chest x-ray shows evidence of pneumoconiosis or
the spirometry examination indicates evidence of decreased lung
function. For this purpose, evidential criteria will be defined by
NIOSH.
(d) Each mine operator shall develop and submit for approval to
NIOSH a plan in accordance with 42 CFR part 37 for providing miners with
the examinations specified in Sec. 72.100(a) and a roster specifying
the name and current address of each miner covered by the plan.
(e) Each mine operator shall post on the mine bulletin board at all
times the approved plan for providing the examinations specified in
Sec. 72.100(a).

Subpart C [Reserved]

Subpart D_Diesel Particulate Matter_Underground Areas of Underground
Coal Mines

Source: 66 FR 5704, Jan. 19, 2001, unless otherwise noted.

Sec. 72.500 Emission limits for permissible diesel-powered equipment.

(a) Each piece of permissible diesel-powered equipment introduced
into an underground area of an underground coal mine after May 21, 2001
must emit no more than 2.5 grams per hour of diesel particulate matter.
(b) As of July 19, 2002, each piece of permissible diesel-powered
equipment operated in an underground area of an underground coal mine
must emit no more than 2.5 grams per hour of diesel particulate matter.

[66 FR 5704, Jan. 19, 2001, as amended at 66 FR 15033, Mar. 15, 2001; 66
FR 27866, May 21, 2001]

Sec. 72.501 Emission limits for nonpermissible heavy-duty
diesel-powered equipment, generators and compressors.

(a) Each piece of nonpermissible heavy-duty diesel-powered equipment
(as defined by Sec. 75.1908(a) of this part), generator or compressor
introduced into an underground area of an underground coal mine after
May 21, 2001 must emit no more than 5.0 grams per hour of diesel
particulate matter.
(b) As of July 21, 2003, each piece of nonpermissible heavy-duty
diesel-powered equipment (as defined by Sec. 75.1908(a) of this part),
generator or compressor operated in an underground area of an
underground coal mine must emit no more than 5.0 grams per hour of
diesel particulate matter.
(c) As of January 19, 2005, each piece of nonpermissible heavy-duty
diesel-powered equipment (as defined by Sec. 75.1908(a) of this part),
generator or compressor operated in an underground area of an
underground coal mine must emit no more than 2.5 grams per hour of
diesel particulate matter.
(d) Notwithstanding the other provisions of this section, a
generator or compressor that discharges its exhaust directly into intake
air that is coursed directly to a return air course, or discharges its
exhaust directly into a return air course, is not subject to the
applicable requirements of this section.

[66 FR 5704, Jan. 19, 2001, as amended at 66 FR 15033, Mar. 15, 2001; 66
FR 27866, May 21, 2001]

Sec. 72.502 Requirements for nonpermissible light-duty diesel-powered
equipment other than generators and compressors.

(a) Each piece of nonpermissible light-duty diesel-powered equipment
(as defined by Sec. 75.1908(b) of this chapter), other than generators
and compressors, introduced into an underground area of an underground
coal mine after May 21, 2001 must emit no more than 5.0 grams per hour
of diesel particulate matter.
(b) A piece of nonpermissible light-duty diesel-powered equipment
must be deemed to be in compliance with the requirements of paragraph
(a) of this section if it utilizes an engine which meets or exceeds the
applicable particulate matter emission requirements of the Environmental
Protection Administration listed in Table 72.502-1, as follows:

[[Page 501]]

Table 72.502-1
------------------------------------------------------------------------
EPA requirement EPA category PM limit
------------------------------------------------------------------------
40 CFR 86.094- light duty vehicle.. 0.1 g/mile.
8(a)(1)(I)(A)(2).
40 CFR 86.094- light duty truck.... 0.1 g/mile.
9(a)(1)(I)(A)(2).
40 CFR 86.094- heavy duty highway 0.1 g/bhp-hr.
11(a)(1)(iv)(B). engine.
40 CFR 89.112(a)............ Tier 2 nonroad...... Varies by power:
kW<(hp<11).......... 0.80 g/kW-hr (0.60 g/
bhp-hr).
8<=kW<19 (11<=hp<25) 0.80 g/kW-hr (0.60 g/
bhp-hr).
19<=kW<37 0.60 g/kW-hr (0.45 g/
(25<=hp<50). bhp-hr).
37<=kW<75 0.40 g/kW-hr (0.30 g/
(50<=hp<100). bhp-hr).
75<=kW<130 0.30 g/kW-hr (0.22 g/
(100<=hp<175). bhp-hr).
130<=kW<225 0.20 g/kW-hr (0.15 g/
(175<=hp<300). bhp-hr).
225<=kW<450 0.20 g/kW-hr (0.15 g/
(300<=hp<600). bhp-hr).
450<=kW<560 0.20 g/kW-hr (0.15 g/
(600<=hp<750)''. bhp-hr)
kW=560 0.20 g/kW-hr (0.15 g/
(hp=750). bhp-hr)
------------------------------------------------------------------------
Notes: ``g'' means grams; ``kW'' means kilowatt; ``hp'' means
horsepower; ``g/kW-hr'' means grams/kilowatt-hour; ``g/bhp-hr'' means
grams/brake horsepower-hour.

(c) The requirements of this section do not apply to any diesel-
powered ambulance or fire fighting equipment that is being used in
accordance with the mine fire fighting and evacuation plan under Sec.
75.1502.

[66 FR 5704, Jan. 19, 2001, as amended at 66 FR 15033, Mar. 15, 2001; 66
FR 27866, May 21, 2001; 70 FR 36347, June 23, 2005]

Sec. 72.503 Determination of emissions; filter maintenance;
definition of ``introduced''.

(a) MSHA will determine compliance with the emission requirements
established by this part by using the amount of diesel particulate
matter emitted by a particular engine determined from the engine
approval pursuant to Sec. 7.89(a)(9)(iii)(B) or Sec. 7.89(a)(9)(iv)(A)
of this title, with the exception of engines deemed to be in compliance
by meeting the EPA requirements specified in Table 72.502-1 (Sec.
72.502(b)).
(b) Except as provided in paragraph (c) of this section, the amount
by which an aftertreatment device can reduce engine emissions of diesel
particulate matter as determined pursuant to paragraph (a) must be
established by a laboratory test:
(1) on an approved engine which MSHA has determined, pursuant to
paragraph (a) of this section, to emit no more diesel particulate matter
than the engine being used in the piece of diesel-powered equipment in
question;
(2) using the test cycle specified in Table E-3 of Sec. 7.89 of
this title, and following a test procedure appropriate for the
filtration system, by a laboratory capable of testing engines in
accordance with the requirements of Subpart E of part 7 of this title;
and
(3) with an aftertreatment device representative of that being used
on the piece of diesel-powered equipment in question.
(c) In lieu of the laboratory tests required by paragraph (b), the
Secretary may accept the results of tests conducted or certified by an
organization whose testing standards are deemed by the Secretary to be
as rigorous as those set forth by paragraph (b) of this section; and
further, the Secretary may accept the results of tests for one
aftertreatment device as evidencing the efficiency of another
aftertreatment device which the Secretary determines to be essentially
identical to the one tested.
(d) Operators must maintain in accordance with manufacturer
specifications and free of observable defects, any aftertreatment device
installed on a piece of diesel equipment upon which the operator relies
to remove diesel particulate matter from diesel emissions.
(e) For purposes of Sec. Sec. 72.500(a), 72.501(a) and 72.502(a),
the term ``introduced'' means any piece of equipment whose engine is a
new addition to the underground inventory of engines of the mine in
question, including newly purchased equipment, used equipment, and
equipment receiving a replacement engine that has a different serial
number than the engine it is replacing. ``Introduced'' does not include
a piece of equipment whose engine was previously part of the mine
inventory and rebuilt.

[[Page 502]]

Sec. 72.510 Miner health training.

(a) Operators must provide annual training to all miners at a mine
who can reasonably be expected to be exposed to diesel emissions on that
property. The training must include--
(1) The health risks associated with exposure to diesel particulate
matter;
(2) The methods used in the mine to control diesel particulate
matter concentrations;
(3) Identification of the personnel responsible for maintaining
those controls; and
(4) Actions miners must take to ensure the controls operate as
intended.
(b)(1) An operator must keep a record of the training at the mine
site for one year after completion of the training. An operator may keep
the record elsewhere if the record is immediately accessible from the
mine site by electronic transmission.
(2) Upon request from an authorized representative of the Secretary
of Labor, the Secretary of Health and Human Services, or from the
authorized representative of miners, mine operators must promptly
provide access to any such training record. Whenever an operator ceases
to do business, that operator must transfer the training records, or a
copy, to any successor operator who must maintain them for the required
period.

Sec. 72.520 Diesel equipment inventory.

(a) The operator of each mine that utilizes diesel equipment
underground, shall prepare and submit in writing to the District
Manager, an inventory of diesel equipment used in the mine. The
inventory shall include the number and type of diesel-powered units used
underground, including make and model of unit, type of equipment, make
and model of engine, serial number of engine, brake horsepower rating of
engine, emissions of engine in grams per hour or grams per brake
horsepower-hour, approval number of engine, make and model of
aftertreatment device, serial number of aftertreatment device if
available, and efficiency of aftertreatment device.
(b) The mine operator shall make changes to the diesel equipment
inventory as equipment or emission control systems are added, deleted or
modified and submit revisions, to the District Manager, within 7
calendar days.
(c) If requested, the mine operator shall provide a copy of the
diesel equipment inventory to the representative of the miners within 3
days of the request.

Subpart E_Miscellaneous

Sec. 72.610 Abrasive blasting.

(a) Surface and underground mines. When an abrasive blasting
operation is performed, all exposed miners shall properly use
respirators approved for abrasive blasting by NIOSH under 42 CFR part
84, or the operation shall be performed in a totally enclosed device
with the miner outside the device.
(b) Underground areas of underground mines. Silica sand or other
materials containing more than 1 percent free silica shall not be used
as an abrasive substance in abrasive blasting.

[59 FR 8327, Feb. 18, 1994, as amended at 60 FR 30401, June 8, 1995]

Sec. 72.620 Drill dust control at surface mines and surface areas
of underground mines.

Sec. 72.630 Drill dust control at underground areas of underground mines.

(a) Dust resulting from drilling in rock shall be controlled by use
of permissible dust collectors, or by water, or water with a wetting
agent, or by ventilation, or by any other method or device approved by
the Secretary that is as effective in controlling the dust.
(b) Dust collectors. Dust collectors shall be maintained in
permissible and operating condition. Dust collectors approved under Part
33--Dust Collectors for Use in Connection with Rock Drilling in Coal
Mines of this title or under Bureau of Mines Schedule 25B are
permissible dust collectors for the purpose of this section.
(c) Water control. Water used to control dust from drilling rock
shall be applied through a hollow drill steel or

[[Page 503]]

stem or by the flooding of vertical drill holes in the floor.
(d) Ventilation control. To adequately control dust from drilling
rock, the air current shall be so directed that the dust is readily
dispersed and carried away from the drill operator or any other miners
in the area.

Sec. 72.700 Respiratory equipment; respirable dust.

(a) Respiratory equipment approved by NIOSH under 42 CFR part 84
shall be made available to all persons as required under parts 70, 71,
and 90 of this chapter. Use of respirators shall not be substituted for
environmental control measures in the active workings. Each operator
shall maintain an adequate supply of respiratory equipment.
(b) When required to make respirators available, the operator shall
provide training prior to the miner's next scheduled work shift, unless
the miner received training within the previous 12 months on the types
of respirators made available. The training shall include: The care,
fit, use, and limitations of each type of respirator.
(c) An operator shall keep a record of the training at the mine site
for 24 months after completion of the training. An operator may keep the
record elsewhere if the record is immediately accessible from the mine
site by electronic transmission. Upon request from an authorized
representative of the Secretary, Secretary of HHS, or representative of
miners, the operator shall promptly provide access to any such training
records. The record shall include:
(1) The date of training;
(2) The names of miners trained; and
(3) The subjects included in the training.

[79 FR 24986, May 1, 2014]

Sec. 72.701 Respiratory equipment; gas, dusts, fumes, or mists.

Respiratory equipment approved by NIOSH under 42 CFR part 84 shall
be provided to persons exposed for short periods to inhalation hazards
from gas, dusts, fumes, or mists. When the exposure is for prolonged
periods, other measures to protect such persons or to reduce the hazard
shall be taken.

[79 FR 24986, May 1, 2014]

Sec. 72.710 Selection, fit, use, and maintenance of approved respirators.

The following is required until April 14, 2025. In order to ensure
the maximum amount of respiratory protection, approved respirators shall
be selected, fitted, used, and maintained in accordance with the
provisions of the American National Standards Institute's (ANSI)
Practices for Respiratory Protection ANSI Z88.2-1969, which is
incorporated by reference into this section with the approval of the
Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part
51. This incorporation by reference (IBR) material is available for
inspection at the Mine Safety and Health Administration (MSHA) and at
the National Archives and Records Administration (NARA). Contact MSHA
at: MSHA's Office of Standards, Regulations, and Variances, 201 12th
Street South, Arlington, VA 22202-5450; (202) 693-9440; or any Mine
Safety and Health Enforcement District Office. For information on the
availability of this material at NARA, visit www.archives.gov/federal-
register/cfr/ibr-locations or email .

[89 FR 28479, Apr. 18, 2024]

Effective Date Note: At 89 FR 28479, Apr. 18, 2024, Sec. 72.710 was
removed, effective Apr. 14, 2025.

fr.inspection@nara.gov
Sec. 72.710T Selection, fit, use, and maintenance of approved respirators.

As of April 14, 2025: Approved respirators shall be selected,
fitted, used, and maintained in accordance with the provisions of a
written respiratory protection program consistent with the requirements
of ASTM F3387-19. ASTM F3387-19, Standard Practice for Respiratory
Protection, approved August 1, 2019, is incorporated by reference into
this section with the approval of the Director of the Federal Register
under 5 U.S.C. 552(a) and 1 CFR part 51. This incorporation by reference
(IBR) material is available for inspection at the Mine Safety and Health
Administration (MSHA) and at the National Archives and Records
Administration

[[Page 504]]

(NARA). Contact MSHA at: MSHA's Office of Standards, Regulations, and
Variances, 201 12th Street South, Arlington, VA 22202-5450; (202) 693-
9440; or any Mine Safety and Health Enforcement District Office. For
information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations or email
. The material may be obtained from ASTM
International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken,
PA 19428-2959; www.astm.org.

[89 FR 28479, Apr. 18, 2024]

Effective Date Note: At 89 FR 28479, Apr. 18, 2024, Sec. 72.710T
was redesignated as Sec. 72.710, effective Apr. 14, 2025.

fr.inspection@nara.gov
Sec. 72.800 Single, full-shift measurement of respirable coal mine dust.

The Secretary will use a single, full-shift measurement of
respirable coal mine dust to determine the average concentration on a
shift since that measurement accurately represents atmospheric
conditions to which a miner is exposed during such shift. Until April
14, 2025, noncompliance with the respirable dust standard, in accordance
with this subchapter, is demonstrated when a single, full-shift
measurement taken by MSHA meets or exceeds the applicable ECV in table 1
to Sec. 70.208, table 1 to Sec. 70.209, table 1 to Sec. 71.206, or
table 1 to Sec. 90.207 of this chapter that corresponds to the
particular sampling device used. Upon issuance of a citation for a
violation of the standard, and for MSHA to terminate the citation, the
mine operator shall take the specified actions in this subchapter.

[89 FR 28479, Apr. 18, 2024]

Effective Date Note: At 89 FR 28479, Apr. 18, 2024, Sec. 72.800 was
removed, effective Apr. 14, 2025.

Sec. 72.800T Single, full-shift measurement of respirable coal mine dust.

The Secretary will use a single, full-shift measurement of
respirable coal mine dust to determine the average concentration on a
shift since that measurement accurately represents atmospheric
conditions to which a miner is exposed during such shift. As of April
14, 2025, noncompliance with the respirable dust standard, in accordance
with this subchapter, is demonstrated when a single, full-shift
measurement taken by MSHA meets or exceeds the applicable ECV in table 1
to Sec. 70.208, table 1 to Sec. 70.209, table 1 to Sec. 71.206, or
table 1 to Sec. 90.207 of this chapter that corresponds to the
particular sampling device used. Upon issuance of a citation for a
violation of the standard, and for MSHA to terminate the citation, the
mine operator shall take the specified actions in this subchapter.

[89 FR 28479, Apr. 18, 2024]

Effective Date Note: At 89 FR 28479, Apr. 18, 2024, Sec. 72.800T
was redesignated as Sec. 72.800, effective Apr. 14, 2025.

PART 74_COAL MINE DUST SAMPLING DEVICES--Table of Contents

Subpart A_General

Sec.
74.1 Purpose.
74.2 Definitions.

Subpart B_Approval Requirements for Coal Mine Dust Personal Sampler Unit

74.3 Sampler unit.
74.4 Specifications of sampler unit.
74.5 Tests of coal mine dust personal sampler units.
74.6 Quality control.

Subpart C_Requirements for Continuous Personal Dust Monitors (CPDMs)

74.7 Design and construction requirements.
74.8 Measurement, accuracy, and reliability requirements.
74.9 Quality assurance.
74.10 Operating and maintenance instructions.
74.11 Tests of the continuous personal dust monitor.

Subpart D_General Requirements for All Devices

74.12 Conduct of tests; demonstrations.
74.13 Applications.
74.14 Certificate of approval.
74.15 Approval labels.
74.16 Material required for record.
74.17 Changes after certification.
74.18 Withdrawal of certification.

Authority: 30 U.S.C. 957.

Source: 75 FR 17523, Apr. 6, 2010, unless otherwise noted.

[[Page 505]]

Subpart A_General

Sec. 74.1 Purpose.

The regulations in this part set forth the requirements for approval
of coal mine dust sampling devices for determining the concentrations of
respirable dust in coal mine atmospheres; procedures for applying for
such approval; test procedures; and labeling.

Sec. 74.2 Definitions.

(a) Accuracy: the ability of a continuous personal dust monitor
(CPDM) to determine the ``true'' concentration of the environment
sampled. Accuracy describes the closeness of a typical measurement to
the quantity measured, although it is defined and expressed in terms of
the relative discrepancy of a typical measurement from the quantity
measured. The accuracy of a CPDM is the theoretical maximum error of
measurement, expressed as the proportion or percentage of the amount
being measured, without regard for the direction of the error, which is
achieved with a 0.95 probability by the method.
(b) Bias: the uncorrectable relative discrepancy between the mean of
the distribution of measurements from a CPDM and the true concentration
being measured.
(c) Coal mine dust personal sampler unit (CMDPSU): a personal device
for measuring concentrations of respirable dust in coal mine atmospheres
that meets the requirements specified under Subpart B of this part.
(d) Continuous personal dust monitor (CPDM): a sampling device for
continuously measuring concentrations of respirable dust in coal mine
atmospheres that reports within-shift and end-of shift measurements of
dust concentrations immediately upon the completion of the period of
exposure that was monitored and that meets the requirements specified
under Subpart C of this part.
(e) ISO: the International Organization for Standardization, an
international standard-setting organization composed of representatives
from various national standards-setting organizations. ISO produces
industrial and commercial voluntary consensus standards used worldwide.
(f) Precision: the relative variability of measurements from a
homogeneous atmosphere about the mean of the population of measurements,
divided by the mean at a given concentration. It reflects the ability of
a CPDM to replicate measurement results.

Subpart B_Approval Requirements for Coal Mine Dust Personal Sampler Unit

Sec. 74.3 Sampler unit.

A CMDPSU shall consist of:
(a) A pump unit,
(b) A sampling head assembly, and
(c) If rechargeable batteries are used in the pump unit, a battery
charger.

Sec. 74.4 Specifications of sampler unit.

(a) Pump unit: (1) Dimensions. The overall dimensions of the pump
unit, hose connections, and valve or switch covers shall not exceed 4
inches (10 centimeters) in height, 4 inches (10 centimeters) in width,
and 2 inches (5 centimeters) in thickness.
(2) Weight. The pump unit shall not weigh more than 20 ounces (567
grams).
(3) Construction. The case and all components of the pump unit shall
be of sufficiently durable construction to endure the wear of use in a
coal mine, shall be tight fitting to minimize the amount of dust
entering the pump case, and shall be designed to protect against radio
frequency interference and electromagnetic interference.
(4) Exhaust. The pump shall exhaust into the pump case, maintaining
a slight positive pressure which will reduce the entry of dust into the
pump case.
(5) Switch. The pump unit shall be equipped with an ON/OFF switch or
equivalent device on the outside of the pump case. This switch shall be
protected against accidental operation during use and protected to keep
dust from entering the mechanisms.
(6) Flow rate adjustment. Except as provided in the last sentence of
this paragraph, the pump unit shall be equipped with a suitable means of
flow rate adjustment accessible from outside the case. The flow rate
adjuster shall be recessed in the pump case and

[[Page 506]]

protected against accidental adjustment. If the pump is capable of
maintaining the flow rate consistency required in this part without
adjustment, an external flow rate adjuster is not required.
(7) Battery. The power supply for the pump shall be a suitable
battery located in the pump case or in a separate case which attaches to
the pump case by a permissible electrical connection.
(8) Pulsation. (i) The irregularity in flow rate due to pulsation
shall have a fundamental frequency of not less than 20 Hz.
(ii) The quantity of respirable dust collected with a sampler unit
shall be within 5 percent of that collected with a
sampling head assembly operated with nonpulsating flow.
(9) Belt clips. The pump unit shall be provided with a belt clip
which will hold the pump securely on a coal miner's belt.
(10) Recharging connection. A suitable connection shall be provided
so that the battery may be recharged without removing the battery from
the pump case or from the battery case if a separate battery case is
used.
(11) Flow rate indicator. A visual indicator of flow rate shall be
provided either as an integral part of the pump unit or of the sampling
head assembly. The flow rate indicator shall be calibrated within 5 percent at 2.2, 2.0, and 1.7 liters per minute to
indicate the rate of air passing through the accompanying sampling head
assembly.
(12) Flow rate range. The pump shall be capable of operating within
a range of from 1.5 to 2.5 liters per minute and shall be adjustable
over this range.
(13) Flow rate consistency. The flow shall remain within 0.1 liters per minute over at least a 10-hour period
when the pump is operated at 2 liters per minute with a standard
sampling head assembly.
(14) Flow restriction indicator. The pump shall be capable of
detecting restricted flow and providing a visual indication if it
occurs. The flow restriction indicator shall remain activated until the
cause is corrected. The pump shall shut down automatically if flow is
restricted for one minute.
(15) Duration of operation. The pump with a fully charged battery
pack shall be capable of operating for (i) not less than 8 hours at a
flow rate of 2 liters per minute against a resistance of 25 inches (64
centimeters) of water measured at the inlet of the pump; and (ii) for
not less than 10 hours at a flow rate of 2 liters per minute against a
resistance of 15 inches (38 centimeters) of water measured at the inlet
of the pump.
(16) Low battery indicator. The pump unit shall be equipped with a
visual indicator of low battery power.
(17) Elapsed time indicator. The pump unit shall be capable of
displaying the actual pump run time in minutes (up to 999 minutes) and
retaining the last reading after the pump is shut down due to either a
flow restriction described in paragraph (a)(14) of this section or low
battery power described in paragraph (a)(16) of this section or at the
end of the sampling shift.
(b) Sampling head assembly. The sampling head assembly shall consist
of a cyclone and a filter assembly as follows:
(1) Cyclone. The cyclone shall consist of a cyclone body with
removable grit cap and a vortex finder and shall be constructed of nylon
or a material equivalent in performance. The dimensions of the
components, with the exception of the grit cap, shall be identical to
those of a Dorr-Oliver 10 millimeter cyclone body, part No. 28541/4A or
01B11476-01 and vortex finder, part No. 28541/4B.
(2) Filter assembly. The filter assembly shall meet the following
requirements:
(i) Filter. The filter shall be a membrane filter type with a
nominal pore size not over 5 micrometers. It shall be nonhydroscopic and
shall not dissolve or decompose when immersed in ethyl or isopropyl
alcohol. The strength and surface characteristics of the filter shall be
such that dust deposited on its surface may be removed by ultrasonic
methods without tearing the filter. The filter resistance shall not
exceed 2 inches (0.5 centimeters) of water at an airflow rate of 2
liters per minute.
(ii) Capsule. The capsule enclosing the filter shall not permit
sample air to leak around the filter and shall prevent visual inspection
of the filter surface or filter loading. The capsule shall be made of
nonhydroscopic material.

[[Page 507]]

Its weight, including the enclosed filter, shall not exceed 5 grams and
it shall be pre-weighed by the manufacturer with a precision of 0.001 milligrams. Impact to the capsule shall not
dislodge any dust from the capsule, which might then be lost to the
weight measurement.
(iii) Cassette. The cassette shall enclose the capsule so as to
prevent contamination and intentional or inadvertent alteration of dust
deposited on the filter. The cassette must be easily removable without
causing a loss or gain of capsule weight. The cassette shall be designed
to prevent contaminants from entering or dust from leaving the capsule
when it is not in use, and to prevent the reversal of airflow through
the capsule or other means of removing dust collected on the filter.
(3) Arrangement of components. The connections between the cyclone
vortex finder and the capsule and between the capsule and the \1/4\-inch
(0.64 centimeters) (inside diameter) hose mentioned in paragraph (b)(5)
of this section shall be mechanically firm and shall not leak at a rate
of more than 0.1 liters per hour under a vacuum of 4 inches (10
centimeters) of water.
(4) Clamping of components. The clamping and positioning of the
cyclone body, vortex finder, and cassette shall be rigid, remain in
alignment, be firmly in contact and airtight. The cyclone-cassette
assembly shall be attached firmly to a backing plate or other means of
holding the sampling head in position. The cyclone shall be held in
position so that the inlet opening of the cyclone is pointing
perpendicular to, and away from, the backing plate.
(5) Hose. A 3-foot (91 centimeter) long, \1/4\-inch (0.64
centimeters) (inside diameter) clear plastic hose shall be provided to
form an airtight connection between the inlet of the sampler pump and
the outlet of the filter assembly. A device, capable of sliding along
the hose and attaching to the miner's outer garment, shall be provided.
(c) Battery charger. (1) Power supply. The battery charger shall be
operated from a 110 (VAC) (nominal), 60 Hz power line.
(2) Connection. The battery charger shall be provided with a cord
and polarized connector so that it may be connected to the charge socket
on the pump or battery case.
(3) Protection. The battery charger shall be fused, shall have a
grounded power plug, and shall not be susceptible to damage by being
operated without a battery on charge.
(4) Charge rates. The battery charger shall be capable of fully
recharging the battery in the pump unit within 16 hours.

Sec. 74.5 Tests of coal mine dust personal sampler units.

(a) The National Institute for Occupational Safety and Health
(NIOSH), Department of Health and Human Services, shall conduct tests to
determine whether a CMDPSU that is submitted for approval under these
regulations meets the requirements set forth in Sec. 74.4.
(b) The Mine Safety and Health Administration (MSHA), Department of
Labor, will conduct tests and evaluations to determine whether the pump
unit of a CMDPSU that is submitted for approval under these regulations
complies with the applicable permissibility provisions of 30 CFR 18.68.

Sec. 74.6 Quality control.

The applicant shall describe the way in which each lot of components
will be sampled and tested to maintain its quality prior to assembly of
each sampler unit. In order to assure that the quality of the CMDPSU
will be maintained in production through adequate quality control
procedures, MSHA and NIOSH reserve the right to have their qualified
personnel inspect each applicant's control-test equipment procedures and
records and to interview the employees who conduct the control tests.
Two copies of the results of any tests made by the applicant on the
CMDPSU or the pump unit thereof shall accompany an application provided
under Sec. 74.13 of this part.

[[Page 508]]

Subpart C_Requirements for Continuous Personal Dust Monitors

Sec. 74.7 Design and construction requirements.

(a) General requirement. Continuous Personal Dust Monitors (CPDMs)
shall be designed and constructed for coal miners to wear and operate
without impeding their ability to perform their work safely and
effectively, and shall be sufficiently durable to perform reliably in
the normal working conditions of coal mines.
(b) Ergonomic design testing. Prior to submitting an application
under Sec. 74.13, the applicant shall develop a testing protocol and
test the CPDM to assure that the device can be worn safely, without
discomfort, and without impairing a coal miner in the performance of
duties throughout a full work shift. The results of the test shall also
demonstrate that the device will operate consistently throughout a full
work shift under representative working conditions of underground coal
miners, including representative types and durations of physical
activity, tasks, and changes in body orientation.
(1) The testing protocol shall specify that the tests be conducted
in one or more active mines under routine operating conditions during
production shifts.
(2) The applicant shall submit the testing protocol, in writing, to
NIOSH for approval prior to conducting such testing.
(3) The applicant shall include the testing protocol and written
test results in the application submitted to NIOSH as specified in Sec.
74.13.
(4) NIOSH will advise and assist the applicant, as necessary, to
develop a testing protocol and arrange for the conduct of testing
specified in this paragraph.
(5) NIOSH may further inspect the device or conduct such tests as it
deems necessary to assure the safety, comfort, practicality, and
operability of the device when it is worn by coal miners in the
performance of their duties.
(6) NIOSH may waive the requirement for the applicant to conduct
testing under paragraph (b) of this section if NIOSH determines that
such testing is unnecessary to assure the safety, comfort, practicality,
and operability of the device when it is worn by coal miners in the
performance of their duties.
(c) Maximum weight. A CPDM shall not add more than 2 kg to the total
weight carried by the miner. CPDMs that are combined with other
functions, such as communication or illumination, may exceed 2 kg
provided that the total added weight carried by the miner does not
exceed 2 kg.
(d) Dust concentration range. The CPDM shall measure respirable coal
mine dust concentrations accurately, as specified under Sec. 74.8, for
an end-of-shift average measurement, for concentrations within a range
from 0.2 to 4.0 mg/m\3\ for respirable coal mine dust. For end-of-shift
average concentrations exceeding 4.0 mg/m\3\, the CPDM shall provide a
reliable indication that the concentration exceeded 4.0 mg/m\3\.
(e) Environmental conditions. The CPDM shall operate reliably and
accurately as specified under Sec. 74.8, under the following
environmental conditions:
(1) At any ambient temperature and varying temperatures from minus
30 to plus 40 degrees centigrade;
(2) At any atmospheric pressure from 700 to 1000 millibars;
(3) At any ambient humidity from 10 to 100 percent relative
humidity; and
(4) While exposed to water mists generated for dust suppression and
while monitoring atmospheres including such water mists.
(f) Electromagnetic interference. The CPDM shall meet the following
standards for control of and protection from electromagnetic
interference.
(1) For emissions control, operators must follow: IEEE Std C95.1-
2005, (IEEE Standard for Safety Levels with Respect to Human Exposure to
Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz) and 47 CFR
15.1 through 15.407 (FCC Radio Frequency Devices). Persons must proceed
in accordance with IEEE Std C95.1-2005 (IEEE Standard for Safety Levels
with Respect to Human Exposure to Radio Frequency Electromagnetic
Fields, 3 kHz to 300 GHz).
(i) The Director of the Federal Register approves this incorporation
by

[[Page 509]]

reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Persons
may obtain a copy from: American National Standards Institute (ANSI), 25
West 43rd Street, New York, NY 10036. http://www.ansi.org.
(ii) Persons may inspect a copy at MSHA, 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.
(2) For immunity/susceptibility protection, operators must follow:
IEC 61000-4-6, International Standard (Electromagnetic compatibility--
Part 4-6: Testing and measurement techniques--Immunity to conducted
disturbances, induced by radio-frequency fields), Edition 3.0, 2008-10.
Persons must proceed in accordance with IEC 61000-4-6, International
Standard (Electromagnetic compatibility--Part 4-6: Testing and
measurement techniques--Immunity to conducted disturbances, induced by
radio-frequency fields), Edition 3.0, 2008-10. 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.
(i) Persons may obtain a copy from the International
Electrotechnical Commission at the address provided below:
International Electrotechnical Commission, IEC Central Office, 3,
rue de Varemb[eacute], P.O. Box 131, CH-1211 GENEVA 20, Switzerland.
http://www.standardsinfo.net.
(ii) Persons may inspect a copy at MSHA, 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.
(g) Durability testing. The CPDM shall be designed and constructed
to remain safe and measure respirable coal mine dust concentrations
accurately, as specified under Sec. 74.8 of this section after
undergoing the following durability tests, which NIOSH will apply to
test devices prior to their use in further testing under Sec. 74.8 of
this-subpart:

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

----------------------------------------------------------------------------------------------------------------
Vibration............................ Mil-Std-810F, 514.5.... U.S. Highway Vibration, 1 Hours/Axis, 3 Axis;
Restrained Figure Total Duration = 3
514.5C-1. Hrs, equivalent to
1,000 miles.
Drop................................. 3-foot drop onto bare In standard in-use 1 drop per axis (3
concrete surface. configuration. total).
----------------------------------------------------------------------------------------------------------------

(1) Persons must proceed in accordance with Mil-Std-810F, 514.5,
Department of Defense Test Method for Environmental Engineering
Considerations and Laboratory Tests, 1 January 2000. 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. Persons may obtain a copy from
the U.S. Department of Defense at the address provided below.
ASC/ENOI, Bldg. 560, 2530 Loop Road West, Wright-Patterson AFB OH
45433-7101. http://www.dtc.army.mil/navigator/.
(2) Persons may inspect a copy at MSHA, 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.
(h) Reporting of monitoring results. (1) The CPDM shall report
continuous monitoring results legibly or audibly during use. A digital
display, if used,

[[Page 510]]

shall be illuminated and shall provide a minimum character height of 6
millimeters. Other forms of display (e.g., analogue) must provide
comparable visibility. Auditory reporting, if used, shall be clear, have
adjustable volume, and provide means for the user to obtain data reports
repetitively. The CPDM shall also report end-of-shift results using
computer software compatible with current, commonly used personal
computer technology.
(2) The CPDM shall report results as cumulative mass concentration
in units of mass per volume of air (mg/m\3\) with two significant
figures of accuracy rounded as customary.
(i) Power requirements. The power source of the CPDM shall have
sufficient capacity to enable continuous sampling for 12 hours in a coal
mine dust atmosphere of up to 4.0 mg/m\3\. If the CPDM uses a
rechargeable battery, the battery charger shall be operated from a 110
(VAC) (nominal), 60 Hz power line.
(j) Flow stability and calibration of pump. If a pump is used, the
flow shall not vary more than 5 percent of the
calibrated flow for 95 percent of samples taken for any continuous
duration for up to 12 hours. The flow calibration maintenance interval
to assure such performance shall be specified in the calibration
instructions for the device.
(k) Battery check. If the CPDM uses a rechargeable battery, the CPDM
shall have a feature to indicate to the user that the device is
sufficiently charged to operate and provide accurate measurements for an
entire shift of 12 hours under normal conditions of use.
(l) Integration with other personal mining equipment. (1) If the
CPDM is integrated or shares functions with any other devices used in
mines, such as cap lights or power sources, then the applicant shall
obtain approvals for such other devices, prior to receiving final
certification of the CPDM under this section.
(2) A CPDM that is integrated with another device shall be tested,
according to all the requirements under this part, with the other device
coupled to the CPDM and operating.
(m) Tampering safeguards or indicators. The CPDM shall include a
safeguard or indicator which either prevents intentional or inadvertent
altering of the measuring or reporting functions or indicates that the
measuring or reporting functions have been altered.
(n) Maintenance features. The CPDM shall be designed to assure that
the device can be cleaned and maintained to perform accurately and
reliably for the duration of its service life.

[75 FR 17523, Apr. 6, 2010, as amended at 80 FR 52990, Sept. 2, 2015]

Sec. 74.8 Measurement, accuracy, and reliability requirements.

(a) Breathing zone measurement requirement. The CPDM shall be
capable of measuring respirable dust within the personal breathing zone
of the miner whose exposure is being monitored.
(b) Accuracy. The ability of a CPDM to determine the true
concentration of respirable coal mine dust at the end of a shift shall
be established through testing that demonstrates the following:
(1) For full-shift measurements of 8 hours or more, a 95 percent
confidence that the recorded measurements are within 25 percent of the true respirable dust concentration, as
determined by CMDPSU reference measurements, over a concentration range
from 0.2 to 4.0 mg/m\3\; and
(2) For intra-shift measurements of less than 8 hours, a 95 percent
confidence that the recorded measurements are within 25 percent of the true respirable dust concentration, as
determined by CMDPSU reference measurements, over the concentration
range equivalent to 0.2 to 4.0 mg/m\3\ for an 8-hour period.\1\
---------------------------------------------------------------------------

\1\ The equivalent dust concentration range to the 8-hour range of
0.2 - 4 mg/m\3\ is calculated by multiplying this 8-hour range by the
dividend of eight hours divided by the duration of the intrashift
measurement specified in units of hours. For example, for a measurement
taken at exactly one hour into the shift, the 8-hour equivalent dust
concentration range would be a one-hour average concentration range of:
8 hours/1 hour x (0.2 - 4 mg/m\3\) = 1.6 - 32 mg/m\3\; for a two-hour
measurement, the applicable concentration range would be calculated as:
8 hours/2 hours x (0.2 - 4 mg/m\3\) = 0.8 - 16 mg/m\3\; for a 4-hours
measurement, the equivalent range would be: 0.4 - 8 mg/m\3\; * * * etc.
A CPDM must perform accurately, as specified, for intrashift
measurements within such equivalent concentration ranges.

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

[[Page 511]]

(c) Reliability of measurements. The CPDM shall meet the accuracy
requirements under paragraph (b) of this section, regardless of the
variation in density, composition, size distribution of respirable coal
mine dust particles, and the presence of water spray mist in coal mines.
(d) Precision. The precision of the CPDM shall be established
through testing to determine the variability of multiple measurements of
the same dust concentration, as defined by the relative standard
deviation of the distribution of measurements. The relative standard
deviation shall be less than 0.1275 without bias for both full-shift
measurements of 8 hours or more, and for intra-shift measurements of
less than 8 hours within the dust concentration range equivalent to 0.2
to 4.0 mg/m\3\ for an 8-hour period, as specified under paragraph (b)(2)
of this section.
(e) Bias. The bias of the CPDM measurements shall be limited such
that the uncorrectable discrepancy between the mean of the distribution
of measurements and the true dust concentration being measured during
testing shall be no greater than 10 percent. Bias must be constant over
the range of dust concentration levels tested, 0.2 to 4.0 mg/m\3\ for an
8-hour sampling period.
(f) Testing conditions. Laboratory and mine testing of the CPDM for
accuracy, precision, bias, and reliability under diverse environmental
conditions (as defined under Sec. 74.7(e) and (g)) shall be determined
using the NIOSH testing procedure, ``Continuous Personal Dust Monitor
Accuracy Testing,'' June 23, 2008, available at: http://www.cdc.gov/
niosh/mining/pubs/pubreference/outputid3076.htm. All testing results
shall be submitted to NIOSH in writing on the application filed under
Sec. 74.11.
(1) Persons must proceed in accordance with NIOSH testing procedure
``Continuous Personal Dust Monitor Accuracy Testing,'' June 23, 2008.
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. Persons
may obtain a copy at the address below: NIOSH-Publications
Dissemination, 4676 Columbia Parkway, Cincinnati, OH 45226. http://
www.cdc.gov/niosh/mining.
(2) Persons may inspect a copy at MSHA, 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.

[75 FR 17523, Apr. 6, 2010, as amended at 80 FR 52990, Sept. 2, 2015]

Sec. 74.9 Quality assurance.

(a) General requirements. The applicant shall establish and maintain
a quality control system that assures that CPDM devices produced under
the applicant's certificate of approval meet the required specifications
and are reliable, safe, effective, and otherwise suitable for their
intended use. To establish and to maintain an approval under this part,
the applicant shall:
(1) Submit a copy of the most recent registration under ISO Q9001-
2000, American National Standard, Quality Management Systems-
Requirements, published by ISO:
(i) With the application for approval under Sec. 74.13 of this
part; and
(ii) Upon request by NIOSH, subsequent to the approval of a CPDM
under this part.
(2) Persons must proceed in accordance with ISO Q9001-2000, American
National Standard, Quality Management Systems-Requirements. 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. Persons may obtain a
copy from the International Organization for Standardization at the
address provided below.
International Organization for Standardization, ISO Central
Secretariat, 1, ch. de la Voie-Creuse, Case Postale 56, CH-1211 GENEVA
20, Switzerland. http://www.standardsinfo.net.

[[Page 512]]

(3) Persons may inspect a copy at MSHA, 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.
(b) Quality management audits. Upon request, applicants or approval
holders must allow NIOSH to inspect the quality management procedures
and records, and to interview any employees who may be knowledgeable of
quality management processes associated with the production of the CPDM.
Audits may be conducted either on an occasional or periodic basis or in
response to quality-related complaints or concerns.
(c) Applicant remediation of quality management deficiencies. An
applicant or approval holder must correct any quality management
deficiency identified by an audit within a reasonable time as determined
by NIOSH. Failure to correct a deficiency may result in NIOSH
disapproval of a pending application or, in the case of an approved
device, revocation of approval until NIOSH determines that the
deficiency is corrected.

[75 FR 17523, Apr. 6, 2010, as amended at 80 FR 52990, Sept. 2, 2015]

Sec. 74.10 Operating and maintenance instructions.

(a) Contents. The manufacturer must include operating and storage
instructions and a maintenance and service life plan with each new CPDM
device sold. These documents must be clearly written.
(1) Operating and storage instructions must include:
(i) An explanation of how the CPDM works;
(ii) A schematic diagram of the CPDM;
(iii) Procedures for wearing and use of the CPDM;
(iv) A one page ``quick start guide'' that will enable a novice to
start and operate the CPDM.
(v) Procedures for calibration of the CPDM;
(vi) Procedures for inspecting the operating condition of the CPDM;
(vii) Procedures and conditions for storage, including the
identification of any storage conditions that would likely impair the
effective functioning of the CPDM; and
(viii) Procedures and conditions of use, including identification of
any conditions of use that would likely impair the effective functioning
of the CPDM.
(2) The maintenance and service life plan must address:
(i) Conditions that should govern the removal from service of the
CPDM; and
(ii) Procedures that a user or others should follow when inspecting,
performing maintenance and calibration, and determining when the CPDM
should be removed from service.
(b) Submission to NIOSH for approval. A copy of the instructions and
plan under paragraph (a) of this section shall be submitted to NIOSH
with the application for approval of the CPDM and if substantive changes
are made to the approved device or approved instructions.

Sec. 74.11 Tests of the continuous personal dust monitor.

(a) Applicant testing. The applicant shall conduct tests to
determine whether a CPDM that is submitted for approval under these
regulations meets the requirements specified in Sec. Sec. 74.7-74.8 of
this part, with the exception of durability testing, which shall be
conducted by NIOSH as specified in Sec. 74.7(g) of this part. Applicant
testing shall be performed by an independent testing entity approved by
NIOSH.
(b) NIOSH testing assistance. NIOSH will provide consultation to the
applicant to identify and secure necessary testing services for meeting
the requirements specified in Sec. Sec. 74.7-74.8 of this part.
Applicants must submit testing protocols to NIOSH prior to testing to
verify that the testing protocols adequately address the requirements.
(c) Reporting of applicant testing results. The applicant shall
include the results from testing specified under

[[Page 513]]

paragraph (a) of this section when submitting the application under
Sec. 74.13 of this part to NIOSH.
(d) Intrinsic safety testing. The applicant shall submit the CPDM to
MSHA for testing and evaluation, pursuant to 30 CFR 18.68, to determine
whether the electronic components of the CPDM submitted for approval
meet the applicable permissibility provisions.

Subpart D_General Requirements for All Devices

Sec. 74.12 Conduct of tests; demonstrations.

(a) Prior to the issuance of a certificate of approval, only
personnel of MSHA and NIOSH, representatives of the applicant, and such
other persons as may be mutually agreed upon may observe the tests
conducted. MSHA and NIOSH shall hold as confidential, and shall not
disclose, principles of patentable features, nor shall MSHA or NIOSH
disclose any details of the applicant's drawings or specifications or
other related material.
(b) After the issuance of a certificate of approval, MSHA or NIOSH
will conduct such public demonstrations and tests of the approved device
as MSHA or NIOSH deem appropriate, and may reveal the protocols and
results of testing considered for the approval of the device. The
conduct of any additional investigations, tests, and demonstrations
shall be under the sole direction of MSHA and NIOSH and any other
persons shall be present only as observers.

Sec. 74.13 Applications.

(a) Testing of a CMDPSU will be performed by NIOSH, and testing of
the pump unit of the CMDPSU will be conducted by MSHA. The applicant
must submit a written application in duplicate to both NIOSH and MSHA.
Each copy of the application must be accompanied by complete scale
drawings, specifications, and a description of materials. Ten complete
CMDPSUs must be submitted to NIOSH with the application, and one pump
unit must be submitted to MSHA.
(b) Testing of a CPDM will be performed by the applicant as
specified under Sec. 74.11. The applicant must submit a written
application in duplicate to both NIOSH and MSHA. Each copy of the
application must be accompanied by complete scale drawings,
specifications, a description of materials, and a copy of the testing
protocol and test results which were provided by an independent testing
entity, as specified in Sec. 74.11(a). Three complete CPDM units must
be sent to NIOSH with the application, and one CPDM device must be sent
to MSHA.
(c) Complete drawings and specifications accompanying each copy of
the application shall be fully detailed to identify the design of the
CMDPSU or pump unit thereof or of the CPDM and to disclose the
dimensions and materials of all component parts.

Sec. 74.14 Certificate of approval.

(a) Upon completion of the testing of a CMDPSU or the pump unit or
after review of testing protocols and testing results for the CPDM,
NIOSH or MSHA, as appropriate, shall issue to the applicant either a
certificate of approval or a written notice of disapproval. NIOSH will
not issue a certificate of approval unless MSHA has first issued a
certificate of approval for either the pump unit of a CMDPSU or for the
CPDM. If a certificate of approval is issued, no test data or detailed
results of tests will accompany such approval. If a notice of
disapproval is issued, it will be accompanied by details of the defects,
resulting in disapproval, with a view to possible correction.
(b) A certificate of approval will be accompanied by a list of the
drawings and specifications covering the details of design and
construction of the CMDPSU and the pump unit, or of the CPDM, as
appropriate, upon which the certificate of approval is based. The
applicant shall keep exact duplicates of the drawings and specifications
submitted to NIOSH and to MSHA relating to the CMDPSU, the pump unit
thereof, or the CPDM, which has received a certificate of approval. The
approved drawings and specifications shall be adhered to exactly in the
production of the certified CMDPSU, including the pump unit or of the
CPDM, for commercial purposes. In addition, the applicant shall observe
such procedures

[[Page 514]]

for, and keep such records of, the control of component parts as either
MSHA or NIOSH may in writing require as a condition of approval.

Sec. 74.15 Approval labels.

(a) Certificate of approval will be accompanied by photographs of
designs for the approval labels to be affixed to each CMDPSU or CPDM, as
appropriate.
(b) The labels showing approval by NIOSH and by MSHA shall contain
such information as MSHA or NIOSH may require and shall be reproduced
legibly on the outside of a CMDPSU or CPDM, as appropriate, as directed
by NIOSH or MSHA.
(c) The applicant shall submit full-scale designs or reproductions
of approval labels and a sketch or description of the position of the
labels on each sampling device.
(d) Use of the approval labels obligates the applicant to whom the
certificate of approval was issued to maintain the quality of the
complete CMDPSU or CPDM, as appropriate, and to guarantee that the
complete CMDPSU or CPDM, as appropriate, is manufactured or assembled
according to the drawings and specifications upon which the certificate
of approval was based. Use of the approval labels is authorized only on
CMDPSUs or CPDMs, as appropriate, that conform to the drawings and
specifications upon which the certificate of approval we based.

Sec. 74.16 Material required for record.

(a) As part of the permanent record of the approval application
process, NIOSH will retain a complete CMDPSU or CPDM, as appropriate,
and MSHA will retain a CMDPSU or CPDM, as appropriate, that has been
tested and certified. Material not required for record purposes will be
returned to the applicant at the applicant's request and expense upon
receipt of written shipping instructions by MSHA or NIOSH.
(b) As soon as a CMDPSU or CPDM, as appropriate, is commercially
available, the applicant shall deliver a complete sampling device free
of charge to NIOSH at the address specified on the NIOSH Web page:
http://www.cdc.gov/niosh/mining.

Sec. 74.17 Changes after certification.

(a) If the applicant desires to change any feature of a certified
CMDPSU or a certified CPDM, the applicant shall first obtain the
approval of NIOSH pursuant to the following procedures:
(1) Application shall be made as for an original certificate of
approval, requesting that the existing certification be extended to
encompass the proposed change. The application shall be accompanied by
drawings, specifications, and related material.
(2) The application and accompanying material will be examined by
NIOSH to determine whether testing of the modified CMDPSU or CPDM or
components will be required. Testing will be necessary if there is a
possibility that the modification may adversely affect the performance
of the CMDPSU or CPDM. NIOSH will inform the applicant whether such
testing is required.
(3) If the proposed modification meets the pertinent requirements of
these regulations, a formal extension of certification will be issued,
accompanied by a list of new and revised drawings and specifications to
be added to those already on file as the basis for the extension of
certification.
(b) If a change is proposed in a pump unit of a certified CMDPSU or
in electrical components of a CPDM, the approval of MSHA with respect to
intrinsic safety shall be obtained in accordance with the procedures set
forth in Sec. 74.11(d).

Sec. 74.18 Withdrawal of certification.

Any certificate of approval issued under this part may be revoked
for cause by NIOSH or MSHA which issued the certificate.

PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES--Table of Contents

Subpart A_General

Sec.
75.1 Scope.
75.2 Definitions.

Subpart B_Qualified and Certified Persons

75.100 Certified person.

[[Page 515]]

75.150 Tests for methane and for oxygen deficiency; qualified person.
75.151 Tests for methane; qualified person; additional requirement.
75.152 Tests of air flow; qualified person.
75.153 Electrical work; qualified person.
75.154 Repair of energized surface high voltage lines; qualified person.
75.155 Qualified hoisting engineer; qualifications.
75.156 AMS operator, qualifications.
75.159 Records of certified and qualified persons.
75.160 Training programs.
75.161 Plans for training programs.

Subpart C_Roof Support

75.200 Scope.
75.201 Definitions.
75.202 Protection from falls of roof, face and ribs.
75.203 Mining methods.
75.204 Roof bolting.
75.205 Installation of roof support using mining machines with integral
roof bolters.
75.206 Conventional roof support.
75.207 Pillar recovery.
75.208 Warning devices.
75.209 Automated Temporary Roof Support (ATRS) systems.
75.210 Manual installation of temporary support.
75.211 Roof testing and scaling.
75.212 Rehabilitation of areas with unsupported roof.
75.213 Roof support removal.
75.214 Supplemental support materials, equipment and tools.
75.215 Longwall mining systems.
75.220 Roof control plan.
75.221 Roof control plan information.
75.222 Roof control plan--approval criteria.
75.223 Evaluation and revision of roof control plan.

Subpart D_Ventilation

75.300 Scope.
75.301 Definitions.
75.302 Main mine fans.
75.310 Installation of main mine fans.
75.311 Main mine fan operation.
75.312 Main mine fan examinations and records.
75.313 Main mine fan stoppage with persons underground.
75.320 Air quality detectors and measurement devices.
75.321 Air quality.
75.322 Harmful quantities of noxious gases.
75.323 Actions for excessive methane.
75.324 Intentional changes in the ventilation system.
75.325 Air quantity.
75.326 Mean entry air velocity.
75.327 Air courses and trolley haulage systems.
75.330 Face ventilation control devices.
75.331 Auxiliary fans and tubing.
75.332 Working sections and working places.
75.333 Ventilation controls.
75.334 Worked-out areas and areas where pillars are being recovered.
75.335 Seal strengths, design applications, and installation.
75.336 Sampling and monitoring requirements.
75.337 Construction and repair of seals.
75.338 Training.
75.339 Seals records.
75.340 Underground electrical installations.
75.341 Direct-fired intake air heaters.
75.342 Methane monitors.
75.343 Underground shops.
75.344 Compressors.
75.350 Belt air course ventilation.
75.350T Belt air course ventilation.
75.351 Atmospheric monitoring systems.
75.352 Actions in response to AMS malfunction, alert, or alarm signals.
75.360 Preshift examination at fixed intervals.
75.361 Supplemental examination.
75.362 On-shift examination.
75.363 Hazardous conditions and violations of mandatory health or safety
standards; posting, correcting, and recording.
75.364 Weekly examination.
75.370 Mine ventilation plan; submission and approval.
75.371 Mine ventilation plan; contents.
75.372 Mine ventilation map.
75.373 Reopening mines.
75.380 Escapeways; bituminous and lignite mines.
75.381 Escapeways; anthracite mines.
75.382 Mechanical escape facilities.
75.384 Longwall and shortwall travelways.
75.385 Opening new mines.
75.386 Final mining of pillars.
75.388 Boreholes in advance of mining.
75.389 Mining into inaccessible areas.

Subpart E_Combustible Materials and Rock Dusting

75.400 Accumulation of combustible materials.
75.400-1 Definitions.
75.400-2 Cleanup program.
75.401 Abatement of dust; water or water with a wetting agent.
75.401-1 Excessive amounts of dust.
75.402 Rock dusting.
75.402-1 Definition.
75.402-2 Exceptions.
75.403 Maintenance of incombustible content of rock dust.
75.403-1 Incombustible content.
75.404 Exemption of anthracite mines.

[[Page 516]]

Subpart F_Electrical Equipment_General

75.500 Permissible electric equipment.
75.500-1 Other low horsepower electric face equipment.
75.501 Permissible electric face equipment; coal seams above water
table.
75.501-1 Coal seams above the water table.
75.501-2 Permissible electric face equipment.
75.501-3 New openings; mines above water table and never classed gassy.
75.502 Permits for noncompliance.
75.503 Permissible electric face equipment; maintenance.
75.503-1 Statement listing all electric face equipment.
75.504 Permissibility of new, replacement, used, reconditioned,
additional, and rebuilt electric face equipment.
75.505 Mines classed gassy; use and maintenance of permissible electric
face equipment.
75.506 Electric face equipment; requirements for permissibility.
75.506-1 Electric face equipment; permissible condition; maintenance
requirements.
75.507 Power connection points.
75.507-1 Electric equipment other than power-connection points; outby
the last open crosscut; return air; permissibility
requirements.
75.508 Map of electrical system.
75.508-1 Mine tracks.
75.508-2 Changes in electric system map; recording.
75.509 Electric power circuit and electric equipment; deenergization.
75.510 Energized trolley wires; repair.
75.510-1 Repair of energized trolley wires; training.
75.511 Low-, medium-, or high-voltage distribution circuits and
equipment; repair.
75.511-1 Qualified person.
75.512 Electric equipment; examination, testing and maintenance.
75.512-1 Qualified person.
75.512-2 Frequency of examinations.
75.513 Electric conductor; capacity and insulation.
75.513-1 Electric conductor; size.
75.514 Electrical connections or splices; suitability.
75.515 Cable fittings; suitability.
75.516 Power wires; support.
75.516-1 Installed insulators.
75.516-2 Communication wires and cables; installation; insulation;
support.
75.517 Power wires and cables; insulation and protection.
75.517-1 Power wires and cables; insulation and protection.
75.517-2 Plans for insulation of existing bare power wires and cables.
75.518 Electric equipment and circuits; overload and short circuit
protection.
75.518-1 Electric equipment and circuits; overload and short circuit
protection; minimum requirements.
75.518-2 Incandescent lamps; overload and short circuit protection.
75.519 Main power circuits; disconnecting switches.
75.519-1 Main power circuits; disconnecting switches; locations.
75.520 Electric equipment; switches.
75.521 Lightning arresters; ungrounded and exposed power conductors and
telephone wires.
75.522 Lighting devices.
75.522-1 Incandescent and fluorescent lamps.
75.523 Electric face equipment; deenergization.
75.523-1 Deenergization of self-propelled electric face equipment
installation requirements.
75.523-2 Deenergization of self-propelled electric face equipment;
performance requirements.
75.523-3 Automatic emergency-parking brakes.
75.524 Electric face equipment; electric equipment used in return air
outby the last open crosscut; maximum level of alternating or
direct electric current between frames of equipment.

Appendix A to Subpart F of Part 75--List of Permissible Electric Fare
Equipment Approved by the Bureau of Mines Prior to May 23,
1936

Subpart G_Trailing Cables

75.600 Trailing cables; flame resistance.
75.600-1 Approved cables; flame resistance.
75.601 Short circuit protection of trailing cables.
75.601-1 Short circuit protection; ratings and settings of circuit
breakers.
75.601-2 Short circuit protection; use of fuses; approval by the
Secretary.
75.601-3 Short circuit protection; dual element fuses; current ratings;
maximum values.
75.602 Trailing cable junctions.
75.603 Temporary splice of trailing cable.
75.604 Permanent splicing of trailing cables.
75.605 Clamping of trailing cables to equipment.
75.606 Protection of trailing cables.
75.607 Breaking trailing cable and power cable connections.

Subpart H_Grounding

75.700 Grounding metallic sheaths, armors and conduits enclosing power
conductors.
75.700-1 Approved methods of grounding.
75.701 Grounding metallic frames, casings and other enclosures of
electric equipment.

[[Page 517]]

75.701-1 Approved methods of grounding of equipment receiving power from
ungrounded alternating current power systems.
75.701-2 Approved method of grounding metallic frames, casings and other
enclosures receiving power from single-phase 110-220-volt
circuit.
75.701-3 Approved methods of grounding metallic frames, casings and
other enclosures of electric equipment receiving power from
direct current power systems with one polarity grounded.
75.701-4 Grounding wires; capacity of wires.
75.701-5 Use of grounding connectors.
75.702 Protection other than grounding.
75.702-1 Protection other than grounding; approved by an authorized
representative of the Secretary.
75.703 Grounding offtrack direct-current machines and enclosures of
related detached components.
75.703-1 Approved method of grounding.
75.703-2 Approved grounding mediums.
75.703-3 Approved methods of grounding offtrack mobile, portable and
stationary direct-current machines.
75.703-4 Other methods of protecting offtrack direct-current equipment;
approved by an authorized representative of the Secretary.
75.704 Grounding frames of stationary high-voltage equipment receiving
power from ungrounded delta systems.
75.704-1 Approved methods of grounding.
75.705 Work on high-voltage lines; deenergizing and grounding.
75.705-1 Work on high-voltage lines.
75.705-2 Repairs to energized surface high-voltage lines.
75.705-3 Work on energized high-voltage surface lines; reporting.
75.705-4 Simultaneous repairs.
75.705-5 Installation of protective equipment.
75.705-6 Protective clothing; use and inspection.
75.705-7 Protective equipment; inspection.
75.705-8 Protective equipment; testing and storage.
75.705-9 Operating disconnecting or cutout switches.
75.705-10 Tying into energized high-voltage surface circuits.
75.705-11 Use of grounded messenger wires; ungrounded systems.
75.706 Deenergized underground power circuits; idle days--idle shifts.

Subpart I_Underground High-Voltage Distribution

75.800 High-voltage circuits; circuit breakers.
75.800-1 Circuit breakers; location.
75.800-2 Approved circuit schemes.
75.800-3 Testing, examination and maintenance of circuit breakers;
procedures.
75.800-4 Testing, examination, and maintenance of circuit breakers;
record.
75.801 Grounding resistors.
75.802 Protection of high-voltage circuits extending underground.
75.803 Fail safe ground check circuits on high-voltage resistance
grounded systems.
75.803-1 Maximum voltage ground check circuits.
75.803-2 Ground check systems not employing pilot check wires; approval
by the Secretary.
75.804 Underground high-voltage cables.
75.805 Couplers.
75.806 Connection of single-phase loads.
75.807 Installation of high-voltage transmission cables.
75.808 Disconnecting devices.
75.809 Identification of circuit breakers and disconnecting switches.
75.810 High-voltage trailing cables; splices.
75.811 High-voltage underground equipment; grounding.
75.812 Movement of high-voltage power centers and portable transformers;
permit.
75.812-1 Qualified person.
75.812-2 High-voltage power centers and transformers; record of
examination.

High-Voltage Longwalls

75.813 High-voltage longwalls; scope.
75.814 Electrical protection.
75.815 Disconnect devices.
75.816 Guarding of cables.
75.817 Cable handling and support systems.
75.818 Use of insulated cable handling equipment.
75.819 Motor-starter enclosures; barriers and interlocks.
75.820 Electrical work; troubleshooting and testing.
75.821 Testing, examination and maintenance.
75.822 Underground high-voltage longwall cables.
75.823 Scope.
75.824 Electrical protection.
75.825 Power centers.
75.826 High-voltage trailing cables.
75.827 Guarding of trailing cables.
75.828 Trailing cable pulling.
75.829 Tramming continuous mining machines in and out of the mine and
from section to section.
75.830 Splicing and repair of trailing cables.
75.831 Electrical work; troubleshooting and testing.
75.832 Frequency of examinations; recordkeeping.
75.833 Handling high-voltage trailing cables.
75.834 Training.

[[Page 518]]

Appendix A to Subpart I of Part 75--Diagrams of Inby and Outby Switching

Subpart J_Underground Low- and Medium-Voltage Alternating Current
Circuits

75.900 Low- and medium-voltage circuits serving three-phase alternating
current equipment; circuit breakers.
75.900-1 Circuit breakers; location.
75.900-2 Approved circuit schemes.
75.900-3 Testing, examination and maintenance of circuit breakers;
procedures.
75.900-4 Testing, examination and maintenance of circuit breakers;
record.
75.901 Protection of low- and medium-voltage three-phase circuits used
underground.
75.902 Low- and medium-voltage ground check monitor circuits.
75.902-1 Maximum voltage ground check circuits.
75.902-2 Approved ground check systems not employing pilot check wires.
75.902-4 Attachment of ground conductors and ground check wires to
equipment frames; use of separate connections.
75.903 Disconnecting devices.
75.904 Identification of circuit breakers.
75.905 Connection of single-phase loads.
75.906 Trailing cables for mobile equipment, ground wires and ground
check wires.
75.907 Design of trailing cables for medium-voltage circuits.

Appendix A to Subpart J of Part 75

Subpart K_Trolley Wires and Trolley Feeder Wires

75.1000 Cutout switches.
75.1001 Overcurrent protection.
75.1001-1 Devices for overcurrent protection; testing and calibration
requirements; records.
75.1002 Installation of electric equipment and conductors;
permissibility.
75.1003 Insulation of trolley wires, trolley feeder wires and bare
signal wires; guarding of trolley wires and trolley feeder
wires.
75.1003-1 Other requirements for guarding of trolley wires and trolley
feeder wires.
75.1003-2 Requirements for movement of off-track mining equipment in
areas of active workings where energized trolley wires or
trolley feeder wires are present; pre-movement requirements;
certified and qualified persons.

Subpart L_Fire Protection

75.1100 Requirements.
75.1100-1 Type and quality of firefighting equipment.
75.1100-2 Quantity and location of firefighting equipment.
75.1100-3 Condition and examination of firefighting equipment.
75.1101 Deluge-type water sprays, foam generators; main and secondary
belt-conveyor drives.
75.1101-1 Deluge-type water spray systems.
75.1101-2 Installation of deluge-type sprays.
75.1101-3 Water requirements.
75.1101-4 Branch lines.
75.1101-5 Installation of foam generator systems.
75.1101-6 Water sprinkler systems; general.
75.1101-7 Installation of water sprinkler systems; requirements.
75.1101-8 Water sprinkler systems; arrangement of sprinklers.
75.1101-9 Back-up water system.
75.1101-10 Water sprinkler systems; fire warning devices at belt drives.
75.1101-11 Inspection of water sprinkler systems.
75.1101-12 Equivalent dry-pipe system.
75.1101-13 Dry powder chemical systems; general.
75.1101-14 Installation of dry powder chemical systems.
75.1101-15 Construction of dry powder chemical systems.
75.1101-16 Dry powder chemical systems; sensing and fire suppression
devices.
75.1101-17 Sealing of dry powder chemical systems.
75.1101-18 Dry powder requirements.
75.1101-19 Nozzles; flow rate and direction.
75.1101-20 Safeguards for dry powder chemical systems.
75.1101-21 Back-up water system.
75.1101-22 Inspection of dry powder chemical systems.
75.1102 Slippage and sequence switches.
75.1103 Automatic fire warning devices.
75.1103-1 Automatic fire sensors.
75.1103-2 Automatic fire sensors; approved components; installation
requirements.
75.1103-3 Automatic fire sensor and warning device systems; minimum
requirements; general.
75.1103-4 Automatic fire sensor and warning device systems;
installation; minimum requirements.
75.1103-5 Automatic fire warning devices; actions and response.
75.1103-6 Automatic fire sensors; actuation of fire suppression systems.
75.1103-7 Electrical components; permissibility requirements.
75.1103-8 Automatic fire sensor and warning device systems; examination
and test requirements.
75.1103-9 Minimum requirements; fire suppression materials and location;
maintenance of entries and crosscuts; access doors;
communications; fire crews: high-expansion foam devices.
75.1103-10 Fire suppression systems; additional requirements.

[[Page 519]]

75.1103-11 Tests of fire hydrants and fire hose; record of tests.
75.1104 Underground storage, lubricating oil and grease.
75.1106 Welding, cutting, or soldering with arc or flame underground.
75.1106-1 Test for methane.

Transportation, Handling and Storage of Liquefied and Nonliquefied
Compressed Gas Cylinders

75.1106-2 Transportation of liquefied and nonliquefied compressed gas
cylinders; requirements.
75.1106-3 Storage of liquefied and nonliquefied compressed gas
cylinders; requirements.
75.1106-4 Use of liquefied and nonliquefied compressed gas cylinders;
general requirements.
75.1106-5 Maintenance and tests of liquefied and nonliquefied compressed
gas cylinders; accessories and equipment; requirements.
75.1106-6 Exemption of small low pressure gas cylinders containing
nonflammable or nonexplosive gas mixtures.

Fire Suppression Devices and Fire-Resistant Hydraulic Fluids on
Underground Equipment

75.1107 Fire suppression devices.
75.1107-1 Fire-resistant hydraulic fluids and fire suppression devices
on underground equipment.
75.1107-2 Approved fire-resistant hydraulic fluids; minimum
requirements.
75.1107-3 Fire suppression devices; approved components; installation
requirements.
75.1107-4 Automatic fire sensors and manual actuators; installation;
minimum requirements.
75.1107-5 Electrical components of fire suppression devices;
permissibility requirements.
75.1107-6 Capacity of fire suppression devices; location and direction
of nozzles.
75.1107-7 Water spray devices; capacity; water supply; minimum
requirements.
75.1107-8 Fire suppression devices; extinguishant supply systems.
75.1107-9 Dry chemical devices; capacity; minimum requirements.
75.1107-10 High expansion foam devices; minimum capacity.
75.1107-11 Extinguishing agents; requirements on mining equipment
employed in low coal.
75.1107-12 Inerting of mine atmosphere prohibited.
75.1107-13 Approval of other fire suppression devices.
75.1107-14 Guards and handrails; requirements where fire suppression
devices are employed.
75.1107-15 Fire suppression devices; hazards; training of miners.
75.1107-16 Inspection of fire suppression devices.
75.1107-17 Incorporation by reference; availability of publications.
75.1108 Approved conveyor belts.

Subpart M_Maps

75.1200 Mine map.
75.1200-1 Additional information on mine map.
75.1200-2 Accuracy and scale of mine maps.
75.1201 Certification.
75.1202 Temporary notations, revisions, and supplements.
75.1202-1 Temporary notations, revisions, and supplements.
75.1203 Availability of mine map.
75.1204 Mine closure; filing of map with Secretary.
75.1204-1 Places to give notice and file maps.

Subpart N_Explosives and Blasting

75.1300 Definitions.
75.1301 Qualified person.
75.1310 Explosives and blasting equipment.
75.1311 Transporting explosives and detonators.
75.1312 Explosives and detonators in underground magazines.
75.1313 Explosives and detonators outside of magazines.
75.1314 Sheathed explosive units.
75.1315 Boreholes for explosives.
75.1316 Preparation before blasting.
75.1317 Primer cartridges.
75.1318 Loading boreholes.
75.1319 Weight of explosives permitted in boreholes in bituminous and
lignite mines.
75.1320 Multiple-shot blasting.
75.1321 Permit for firing more than 20 boreholes and to use
nonpermissible blasting units.
75.1322 Stemming boreholes.
75.1323 Blasting circuits.
75.1324 Methane concentration and tests.
75.1325 Firing procedure.
75.1326 Examination after blasting.
75.1327 Misfires.
75.1328 Damaged or deteriorated explosives and detonators.

Subpart O_Hoisting and Mantrips

75.1400 Hoisting equipment; general.
75.1400-1 Hoists; brakes, capability.
75.1400-2 Hoists; tests of safety catches; records.
75.1400-3 Daily examination of hoisting equipment.
75.1400-4 Certifications and records of daily examinations.
75.1401 Hoists; rated capacities; indicators.
75.1401-1 Hoists; indicators.

[[Page 520]]

75.1402 Communication between shaft stations and hoist room.
75.1402-1 Communication between shaft stations and hoist room.
75.1402-2 Tests of signaling systems.
75.1403 Other safeguards.
75.1403-1 General criteria.
75.1403-2 Criteria--Hoists transporting materials; brakes.
75.1403-3 Criteria--Drum clutch; cage construction.
75.1403-4 Criteria--Automatic elevators.
75.1403-5 Criteria--Belt conveyors.
75.1403-6 Criteria--Self-propelled personnel carriers.
75.1403-7 Criteria--Mantrips.
75.1403-8 Criteria--Track haulage roads.
75.1403-9 Criteria--Shelter holes.
75.1403-10 Criteria--Haulage; general.
75.1403-11 Criteria--Entrances to shafts and slopes.
75.1404 Automatic brakes; speed reduction gear.
75.1404-1 Braking system.
75.1405 Automatic couplers.
75.1405-1 Automatic couplers, haulage equipment.

Wire Ropes

75.1429 Guide ropes.
75.1430 Wire ropes; scope.
75.1431 Minimum rope strength.
75.1432 Initial measurement.
75.1433 Examinations.
75.1434 Retirement criteria.
75.1435 Load end attachments.
75.1436 Drum end attachment.
75.1437 End attachment retermination.
75.1438 End attachment replacement.

Subpart P_Mine Emergencies

75.1500 [Reserved]
75.1501 Emergency evacuations.
75.1502 Mine emergency evacuation and firefighting program of
instruction.
75.1503 Use of fire suppression equipment.
75.1504 Mine emergency evacuation training and drills.
75.1505 Escapeway maps.
75.1506 Refuge alternatives.
75.1507 Emergency Response Plan; refuge alternatives.
75.1508 Training and records for examination, maintenance and repair of
refuge alternatives and components.

Subpart Q_Communications

75.1600 Communications.
75.1600-1 Communication facilities; main portals; installation
requirements.
75.1600-2 Communication facilities; working sections; installation and
maintenance requirements; audible or visual alarms.
75.1600-3 Communications facilities; refuge alternatives.

Subpart R_Miscellaneous

75.1700 Oil and gas wells.
75.1702 Smoking; prohibition.
75.1702-1 Smoking programs.
75.1703 Portable electric lamps.
75.1703-1 Permissible lamps.
75.1707-1 New working section.
75.1708 Surface structures, fireproofing.
75.1708-1 Surface structures; fireproof construction.
75.1709 Accumulations of methane and coal dust on surface coal-handling
facilities.
75.1710 Canopies or cabs; diesel-powered and electric face equipment.
75.1710-1 Canopies or cabs; self-propelled diesel-powered and electric
face equipment; installation requirements.
75.1711 Sealing of mines.
75.1711-1 Sealing of shaft openings.
75.1711-2 Sealing of slope or drift openings.
75.1711-3 Openings of active mines.
75.1712 Bath houses and toilet facilities.
75.1712-1 Availability of surface bathing facilities; change rooms; and
sanitary facilities.
75.1712-2 Location of surface facilities.
75.1712-3 Minimum requirements of surface bathing facilities, change
rooms, and sanitary toilet facilities.
75.1712-4 Waiver of surface facilities requirements.
75.1712-5 Application for waiver of surface facilities.
75.1712-6 Underground sanitary facilities; installation and maintenance.
75.1712-7 Underground sanitary facilities; waiver of requirements.
75.1712-8 Application for waiver of location requirements for
underground sanitary facilities.
75.1712-9 Issuance of waivers.
75.1712-10 Underground sanitary facilities; maintenance.
75.1713 Emergency medical assistance; first-aid.
75.1713-1 Arrangements for emergency medical assistance and
transportation for injured persons; agreements; reporting
requirements; posting requirements.
75.1713-2 Emergency communications; requirements.
75.1713-3 First-Aid training; supervisory employees.
75.1713-4 First-aid training program; availability of instruction to all
miners.
75.1713-5 First-aid training program; retraining of supervisory
employees; availability to all miners.
75.1713-6 First-aid training program; minimum requirements.
75.1713-7 First-aid equipment; location; minimum requirements.
75.1714 Availability of approved self-rescue devices; instruction in use
and location.
75.1714-1 Approved self-rescue devices.

[[Page 521]]

75.1714-2 Self-rescue devices; use and location requirements.
75.1714-3 Self-rescue devices; inspection, testing, maintenance, repair,
and record-keeping.
75.1714-4 Additional self-contained self-rescuers (SCSRs).
75.1714-5 Map locations of self-contained self-rescuers (SCSR).
75.1714-6 Emergency tethers.
75.1714-7 Multi-gas detectors.
75.1714-8 Reporting SCSR inventory and malfunctions; retention of SCSRs.
75.1715 Identification check system.
75.1716 Operations under water.
75.1716-1 Operations under water; notification by operator.
75.1716-2 Permit required.
75.1716-3 Applications for permits.
75.1716-4 Issuance of permits.
75.1717 Exemptions.
75.1718 Drinking water.
75.1718-1 Drinking water; quality.
75.1719 Illumination; purpose and scope of Sec. Sec. 75.1719 through
75.1719-4; time for compliance.
75.1719-1 Illumination in working places.
75.1719-2 Lighting fixtures; requirements.
75.1719-3 Methods of measurement; light measuring instruments.
75.1719-4 Mining machines, cap lamps; requirements.
75.1720 Protective clothing; requirements.
75.1720-1 Distinctively colored hard hats, or hard caps; identification
for newly employed, inexperienced miners.
75.1721 Opening of new underground coal mines, or reopening and
reactivating of abandoned or deactivated coal mines;
notification by the operator; requirements.
75.1722 Mechanical equipment guards.
75.1723 Stationary grinding machines; protective devices.
75.1724 Hand-held power tools; safety devices.
75.1725 Machinery and equipment; operation and maintenance.
75.1726 Performing work from a raised position; safeguards.
75.1727 Drive belts.
75.1728 Power-driven pulleys.
75.1729 Welding operations.
75.1730 Compressed air; general; compressed air systems.
75.1731 Maintenance of belt conveyors and belt conveyor entries.
75.1732 Proximity detection systems.

Subpart S [Reserved]

Subpart T_Diesel-Powered Equipment

75.1900 Definitions.
75.1901 Diesel fuel requirements.
75.1902 Underground diesel fuel storage--general requirements.
75.1903 Underground diesel fuel storage facilities and areas;
construction and safety precautions.
75.1904 Underground diesel fuel tanks and safety cans.
75.1905 Dispensing of diesel fuel.
75.1905-1 Diesel fuel piping systems.
75.1906 Transport of diesel fuel.
75.1907 Diesel-powered equipment intended for use in underground coal
mines.
75.1908 Nonpermissible diesel-powered equipment; categories.
75.1909 Nonpermissible diesel-powered equipment; design and performance
requirements.
75.1910 Nonpermissible diesel-powered equipment; electrical system
design and performance requirements.
75.1911 Fire suppression systems for diesel-powered equipment and diesel
fuel transportation units.
75.1912 Fire suppression systems for permanent underground diesel fuel
storage facilities.
75.1913 Starting aids.
75.1914 Maintenance of diesel-powered equipment.
75.1915 Training and qualification of persons working on diesel-powered
equipment.
75.1916 Operation of diesel-powered equipment.

Authority: 30 U.S.C. 811, 813(h), 957.

Source: 35 FR 17890, Nov. 20, 1970, unless otherwise noted.

Editorial Note: The provisions of this part marked [Statutory
Provision] appear in Title III of the Federal Coal Mine Health and
Safety Act of 1969.

Subpart A_General

Sec. 75.1 Scope.

This part 75 sets forth safety standards compliance with which is
mandatory in each underground coal mine subject to the Federal Mine
Safety and Health Act of 1977. Some standards also are applicable to
surface operations. Regulations and criteria supplementary to these
standards also are set forth in this part.

[35 FR 17890, Nov. 20, 1970, as amended at 43 FR 12319, Mar. 24, 1978]

Sec. 75.2 Definitions.

The following definitions apply in this part.
Act. The Federal Mine Safety and Health Act of 1977.
Active workings. Any place in a coal mine where miners are normally
required to work or travel.

[[Page 522]]

Adequate interrupting capacity. The ability of an electrical
protective device, based upon its required and intended application, to
safely interrupt values of current in excess of its trip setting or
melting point.
Anthracite. Coals with a volatile ratio equal to 0.12 or less. The
volatile ratio is the volatile matter content divided by the volatile
matter plus the fixed carbon.
Approval documentation. Formal papers issued by the Mine Safety and
Health Administration which describe and illustrate the complete
assembly of electrical machinery or accessories which have met the
applicable requirements of 30 CFR part 18.
Certified or registered. As applied to any person, a person
certified or registered by the State in which the coal mine is located
to perform duties prescribed by this part 75, except that in a State
where no program of certification or registration is provided or where
the program does not meet at least minimum Federal standards established
by the Secretary, such certification or registration shall be by the
Secretary.
Circuit-interrupting device. A device designed to open and close a
circuit by nonautomatic means and to open the circuit automatically at a
predetermined overcurrent value without damage to the device when
operated within its rating.
Coal mine. Includes areas of adjoining mines connected underground.
Filter Self-Rescuer (FSR). A type of gas mask approved by MSHA and
NIOSH under 42 CFR part 84 for escape only from underground mines and
which provides at least 1 hour of protection against carbon monoxide.
Ground fault or grounded phase. An unintentional connection between
an electric circuit and the grounding system.
Low voltage. Up to and including 660 volts, medium voltage means
voltages from 661 to 1,000 volts; and high voltage means more than 1,000
volts.
Motor-starter enclosure. An enclosure containing motor starting
circuits and equipment.
Nominal voltage. The phase-to-phase or line-to-line root-mean-square
value assigned to a circuit or system for designation of its voltage
class, such as 480 or 4,160 volts. Actual voltage at which the circuit
or system operates may vary from the nominal voltage within a range that
permits satisfactory operation of equipment.
Permissible. (1) As applied to electric face equipment, all
electrically operated equipment taken into or used inby the last open
crosscut of an entry or a room of any coal mine the electrical parts of
which, including, but not limited to, associated electrical equipment,
components, and accessories, are designed, constructed, and installed,
in accordance with the specifications of the Secretary, to assure that
such equipment will not cause a mine explosion or mine fire, and the
other features of which are designed and constructed, in accordance with
the specifications of the Secretary, to prevent, to the greatest extent
possible, other accidents in the use of such equipment. The regulations
of the Secretary or the Director of the Bureau of Mines in effect on
March 30, 1970, relating to the requirements for investigation, testing,
approval, certification, and acceptance of such equipment as permissible
shall continue in effect until modified or superseded by the Secretary,
except that the Secretary shall provide procedures, including, where
feasible, testing, approval, certification, and acceptance in the field
by an authorized representative of the Secretary, to facilitate
compliance by an operator with the requirements of Sec. 75.500 within
the periods prescribed in Sec. 75.500.
(2) As applied to equipment other than permissible electric face
equipment: (i) Equipment used in the operation of a coal mine to which
an approval plate, label, or other device is attached as authorized by
the Secretary and which meets specifications which are prescribed by the
Secretary for the construction and maintenance of such equipment and are
designed to assure that such equipment will not cause a mine explosion
or a mine fire. (ii) The manner of use of equipment means the manner of
use prescribed by the Secretary.
Qualified person. As the context requires:
(1) An individual deemed qualified by the Secretary and designated
by the

[[Page 523]]

operator to make tests and examinations required by this part 75; and
(2) An individual deemed, in accordance with minimum requirements to
be established by the Secretary, qualified by training, education, and
experience, to perform electrical work, to maintain electrical
equipment, and to conduct examinations and tests of all electrical
equipment.
Respirable dust. Dust collected with a sampling device approved by
the Secretary and the Secretary of Health and Human Services in
accordance with part 74--Coal Mine Dust Personal Sampler Units of this
title. Sampling device approvals issued by the Secretary of the Interior
and Secretary of Health, Education, and Welfare are continued in effect.
Rock dust. Pulverized limestone, dolomite, gypsum, anhydrite, shale,
adobe, or other inert material, preferably light colored, 100 percent of
which will pass through a sieve having 20 meshes per linear inch and 70
percent or more of which will pass through a sieve having 200 meshes per
linear inch; the particles of which when wetted and dried will not
cohere to form a cake which will not be dispersed into separate
particles by a light blast of air; and which does not contain more than
5 percent combustible matter or more than a total of 4 percent free and
combined silica (SiO), or, where the Secretary finds that
such silica concentrations are not available, which does not contain
more than 5 percent of free and combined silica.
Secretary. The Secretary of Labor or the Secretary's delegate.
Self-Contained Self-Rescuer (SCSR). A type of closed-circuit, self-
contained breathing apparatus approved by MSHA and NIOSH under 42 CFR
part 84 for escape only from underground mines.
Short circuit. An abnormal connection of relatively low impedance,
whether made accidentally or intentionally, between two points of
different potential.
Working face. Any place in a coal mine in which work of extracting
coal from its natural deposit in the earth is performed during the
mining cycle.
Working place. The area of a coal mine inby the last open crosscut.
Working section. All areas of the coal mine from the loading point
of the section to and including the working faces.

[57 FR 20913, May 15, 1992, as amended at 60 FR 30401, June 8, 1995; 67
FR 11001, Mar. 11, 2002]

2
Subpart B_Qualified and Certified Persons

Sec. 75.100 Certified person.

(a) The provisions of Subpart D--Ventilation of this part 75 require
that certain examinations and tests be made by a certified person. A
certified person within the meaning of those provisions is a person who
has been certified as a mine foreman (mine manager), an assistant mine
foreman (section foreman), or a preshift examiner (mine examiner). A
person who has been so certified is also a qualified person within the
meaning of those provisions of subpart D of this part which require that
certain tests be made by a qualified person and within the meaning of
Sec. 75.1106.
(b) A person who is certified as a mine foreman, an assistant mine
foreman, or a preshift examiner by the State in which the coal mine is
located is, to the extent of the State's certification, a certified
person within the meaning of the provisions of subpart D of this part
and Sec. 75.1106 referred to in paragraph (a) of this section.
(c)(1) The Secretary may certify persons in the categories of mine
foreman, assistant mine foreman, and preshift examiner whenever the
State in which persons are presently employed in these categories does
not provide for such certification. A person's initial certification by
MSHA is valid for as long as the person continues to satisfy the
requirements necessary to obtain the certification and is employed at
the same coal mine or by the same independent contractor. The mine
operator or independent contractor shall make an application which
satisfactorily shows that each such person has had at least 2 years
underground experience in a coal mine, and has held the position of mine
foreman, assistant mine foreman, or preshift examiner for a period of 6
months immediately preceding the filing of the application, and

[[Page 524]]

is qualified to test for methane and for oxygen deficiency. Applications
for Secretarial certification should be submitted in writing to the
Health and Safety Activity, Mine Safety and Health Administration,
Certification and Qualification Center, P.O. Box 25367, Denver Federal
Center, Denver, Colorado 80225.
(2) A person certified by the Secretary under this paragraph will be
a certified person, within the meaning of the provisions for subpart D
of this part and Sec. 75.1106 referred to in paragraph (a) of this
section, as long as that person continues to satisfy the requirements
for qualification or certification and is employed at the same coal mine
or by the same independent contractor.

[35 FR 17890, Nov. 20, 1970, as amended at 43 FR 12320, Mar. 24, 1978;
54 FR 30514, July 20, 1989]

Sec. 75.150 Tests for methane and for oxygen deficiency; qualified person.

(a) The provisions of Subpart D--Ventilation of this part and Sec.
75.1106 require that tests for methane and for oxygen deficiency be made
by a qualified person. A person is a qualified person for this purpose
if he is a certified person under Sec. 75.100.
(b) Pending issuance of Federal standards, a person will be
considered a qualified person for testing for methane and for oxygen
deficiency:
(1) If he has been qualified for this purpose by the State in which
the coal mine is located; or
(2) The Secretary may qualify persons for this purpose in a coal
mine in which persons are not qualified for this purpose by the State
upon an application and a satisfactory showing by the operator of the
coal mine that each such person has been trained and designated by the
operator to test for methane and oxygen deficiency and has made such
tests for a period of 6 months immediately preceding the application.
Applications for Secretarial qualification should be submitted to the
Health and Safety Activity, Mine Safety and Health Administration,
Certification and Qualification Center, P.O. Box 25367, Denver Federal
Center, Denver, Colo. 80225.

[35 FR 17890, Nov. 20, 1970, as amended at 43 FR 12320, Mar. 24, 1978]

Sec. 75.151 Tests for methane; qualified person; additional requirement.

Notwithstanding the provisions of Sec. 75.150, on and after January
1, 1971, no person shall be a qualified person for testing for methane
unless he demonstrates to the satisfaction of an authorized
representative of the Secretary that he is qualified to test for methane
with a portable methane detector approved by the Bureau of Mines or the
Mine Safety and Health Administration under part 22 of this chapter
(Bureau of Mines Schedule 8C).

Sec. 75.152 Tests of air flow; qualified person.

A person is a qualified person within the meaning of the provisions
of Subpart D--Ventilation of this part requiring that tests of air flow
be made by a qualified person only if he is a certified person under
Sec. 75.100 or a person trained and designated by a certified person to
perform such tests.

Sec. 75.153 Electrical work; qualified person.

(a) Except as provided in paragraph (f) of this section, an
individual is a qualified person within the meaning of Sec. Sec. 75.511
and 75.512 to perform electrical work (other than work on energized
surface high-voltage lines) if:
(1) He has been qualified as a coal mine electrician by a State that
has a coal mine electrical qualification program approved by the
Secretary; or,
(2) He has at least 1 year of experience in performing electrical
work underground in a coal mine, in the surface work areas of an
underground coal mine, in a surface coal mine, in a noncoal mine, in the
mine equipment manufacturing industry, or in any other industry using or
manufacturing similar equipment, and has satisfactorily completed a coal
mine electrical training program approved by the Secretary; or,
(3) He has at least 1 year of experience, prior to the date of the
application required by paragraph (c) of this section, in performing
electrical work

[[Page 525]]

underground in a coal mine, in the surface work areas of an underground
coal mine, in a surface coal mine, in a noncoal mine, in the mine
equipment manufacturing industry, or in any other industry using or
manufacturing similar equipment, and he attains a satisfactory grade on
each of the series of five written tests approved by the Secretary and
prescribed in paragraph (b) of this section.
(b) The series of five written tests approved by the Secretary shall
include the following categories:
(1) Direct current theory and application;
(2) Alternating current theory and application;
(3) Electric equipment and circuits;
(4) Permissibility of electric equipment; and,
(5) Requirements of subparts F through K of this part 75.
(c) In order to take the series of five written tests approved by
the Secretary, an individual shall apply to the District Manager and
shall certify that he meets the requirements of paragraph (a)(3) of this
section. The tests will be administered in the Coal Mine Safety and
Health Districts at regular intervals, or as demand requires.
(d) A score of at least 80 percent of each of the five written tests
will be deemed to be a satisfactory grade. Recognition shall be given to
practical experience in that 1 percentage point shall be added to an
individual's score in each test for each additional year of experience
beyond the 1 year minimum requirement specified in paragraph (a)(3) of
this section; however, in no case shall an individual be given more than
5 percentage points for such practical experience.
(e) An individual may, within 30 days from the date on which he
received notification from the Administration of his test scores, repeat
those on which he received an unsatisfactory score. If further retesting
is necessary after this initial repetition, a minimum of 30 days from
the date of receipt of notification of the initial retest scores shall
elapse prior to such further retesting.
(f) An individual who has, prior to November 1, 1972, been qualified
to perform electrical work specified in Sec. Sec. 75.511 and 75.512
(other than work on energized surface high-voltage lines) shall continue
to be qualified until June 30, 1973. To remain qualified after June 30,
1973, such individual shall meet the requirements of either paragraph
(a) (1), (2), or (3) of this section.
(g) An individual qualified in accordance with this section shall,
in order to retain qualification, certify annually to the District
Manager, that he has satisfactorily completed a coal mine electrical
retraining program approved by the Secretary.

[37 FR 22376, Oct. 19, 1972, as amended at 44 FR 9380, Feb. 13, 1979; 47
FR 23641, May 28, 1982]

Sec. 75.154 Repair of energized surface high voltage lines; qualified person.

An individual is a qualified person within the meaning of Sec.
75.705 for the purpose of repairing energized surface high voltage lines
only if he has had at least 2 years experience in electrical
maintenance, and at least 2 years experience in the repair of energized
high voltage surface lines located on poles or structures.

Sec. 75.155 Qualified hoisting engineer; qualifications.

(a)(1) A person is a qualified hoisting engineer within the
provisions of subpart O of this part, for the purpose of operating a
steam-driven hoist in a coal mine, if he has at least 1 year experience
as an engineer in a steam-driven hoisting plant and is qualified by the
State in which the mine is located as a steam-hoisting engineer; or
(2) If a State has no program for qualifying persons as steam-
hoisting engineers, the Secretary may qualify persons for this purpose
if the operator of the coal mine in which such persons are employed, or
the independent contractor, makes an application and a satisfactory
showing that each such person has had 1 year experience in operating
steam-driven hoists and has held the position of hoisting engineer for a
period of 6 months immediately preceding the application. A person's
qualification is valid for as long as this person continues to satisfy
the requirements necessary for qualification and is employed at the same
coal mine or by the same independent contractor.

[[Page 526]]

(b)(1) A person is a qualified hoisting engineer within the
provisions of subpart O of this part, for the purpose of operating an
electrically driven hoist in a coal mine, if he has at least 1 year
experience operating a hoist plant in a mine or maintaining electric-
hoist equipment in a mine and is qualified by the State in which the
mine is located as an electric-hoisting engineer; or
(2) If a State has no program for qualifying persons as electric-
hoisting engineers, the Secretary may qualify persons for this purpose
if the operator of the coal mine in which such persons are employed, or
the independent contractor, makes an application and a satisfactory
showing that each such person has had 1 year experience in operating
electric-driven hoists and has held the position of hoisting engineer
for a period of 6 months immediately preceding the application. A
person's qualification is valid for as long as this person continues to
satisfy the requirements for qualification and is employed at the same
coal mine or by the same independent contractor.
(c) Applications for Secretarial qualification should be submitted
to the Health and Safety Activity, Mine Safety and Health
Administration, Certification and Qualification Center, P.O. Box 25367,
Denver Federal Center, Denver, Colo. 80225.

[35 FR 17894, Nov. 20, 1970, as amended at 43 FR 12320, Mar. 24, 1978;
54 FR 30515, July 20, 1989]

Sec. 75.156 AMS operator, qualifications.

(a) To be qualified as an AMS operator, a person shall be provided
with task training on duties and responsibilities at each mine where an
AMS operator is employed in accordance with the mine operator's approved
Part 48 training plan.
(b) An AMS operator must be able to demonstrate to an authorized
representative of the Secretary that he/she is qualified to perform in
the assigned position.

[73 FR 80612, Dec. 31, 2008]

Sec. 75.159 Records of certified and qualified persons.

The operator of each coal mine shall maintain a list of all
certified and qualified persons designated to perform duties under this
part 75.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]

Sec. 75.160 Training programs.

[Statutory Provision]

Every operator of a coal mine shall provide a program, approved by
the Secretary, of training and retraining of both qualified and
certified persons needed to carry out functions prescribed in the Act.

Sec. 75.161 Plans for training programs.

Each operator must submit to the district manager, of the Coal Mine
Safety and Health District in which the mine is located, a program or
plan setting forth what, when, how, and where the operator will train
and retrain persons whose work assignments require that they be
certified or qualified. The program must provide--
(a) For certified persons, annual training courses in first aid,
principles of mine rescue, and the provisions of this part 75; and
(b) For qualified persons, annual courses in performance of the task
which they perform as qualified persons.

[63 FR 53761, Oct. 6, 1998]

Subpart C_Roof Support

Source: 53 FR 2375, Jan. 27, 1988, unless otherwise noted.

Sec. 75.200 Scope.

This subpart C sets forth requirements for controlling roof, face
and ribs, including coal or rock bursts, in underground coal mines. Roof
control systems installed prior to the effective date of this subpart
are not affected so long as the support system continues to effectively
control the roof, face and ribs.

Sec. 75.201 Definitions.

Automated temporary roof support (ATRS) system. A device to provide
temporary roof support from a location where the equipment operator is
protected from roof falls.
Pillar recovery. Any reduction in pillar size during retreat mining.

[[Page 527]]

Sec. 75.202 Protection from falls of roof, face and ribs.

(a) The roof, face and ribs of areas where persons work or travel
shall be supported or otherwise controlled to protect persons from
hazards related to falls of the roof, face or ribs and coal or rock
bursts.
(b) No person shall work or travel under unsupported roof unless in
accordance with this subpart.

Sec. 75.203 Mining methods.

(a) The method of mining shall not expose any person to hazards
caused by excessive widths of rooms, crosscuts and entries, or faulty
pillar recovery methods. Pillar dimensions shall be compatible with
effective control of the roof, face and ribs and coal or rock bursts.
(b) A sightline or other method of directional control shall be used
to maintain the projected direction of mining in entries, rooms,
crosscuts and pillar splits.
(c) A sidecut shall be started only from an area that is supported
in accordance with the roof control plan.
(d) A working face shall not be mined through into an unsupported
area of active workings, except when the unsupported area is
inaccessible.
(e) Additional roof support shall be installed where--
(1) The width of the opening specified in the roof control plan is
exceeded by more than 12 inches; and
(2) The distance over which the excessive width exists is more than
5 feet.

Sec. 75.204 Roof bolting.

(a) For roof bolts and accessories addressed in ASTM F432-95,
``Standard Specification for Roof and Rock Bolts and Accessories,'' the
mine operator shall--
(1) Obtain a manufacturer's certification that the material was
manufactured and tested in accordance with the specifications of ASTM
F432-95; and
(2) Make this certification available to an authorized
representative of the Secretary and to the representative of miners.
(b) Roof bolts and accessories not addressed in ASTM F432-95 may be
used, provided that the use of such materials is approved by the
District Manager based on--
(1) Demonstrations which show that the materials have successfully
supported the roof in an area of a coal mine with similar strata,
opening dimensions and roof stresses; or
(2) Tests which show the materials to be effective for supporting
the roof in an area of the affected mine which has similar strata,
opening dimensions and roof stresses as the area where the roof bolts
are to be used. During the test process, access to the test area shall
be limited to persons necessary to conduct the test.
(c)(1) A bearing plate shall be firmly installed with each roof
bolt.
(2) Bearing plates used directly against the mine roof shall be at
least 6 inches square or the equivalent, except that where the mine roof
is firm and not susceptible to sloughing, bearing plates 5 inches square
or the equivalent may be used.
(3) Bearing plates used with wood or metal materials shall be at
least 4 inches square or the equivalent.
(4) Wooden materials that are used between a bearing plate and the
mine roof in areas which will exist for three years or more shall be
treated to minimize deterioration.
(d) When washers are used with roof bolts, the washers shall conform
to the shape of the roof bolt head and bearing plate.
(e)(1) The diameter of finishing bits shall be within a tolerance of
plus or minus 0.030 inch of the manufacturer's recommended hole diameter
for the anchor used.
(2) When separate finishing bits are used, they shall be
distinguishable from other bits.
(f) Tensioned roof bolts. (1) Roof bolts that provide support by
creating a beam of laminated strata shall be at least 30 inches long.
Roof bolts that provide support by suspending the roof from overlying
stronger strata shall be long enough to anchor at least 12 inches into
the stronger strata.
(2) Test holes, spaced at intervals specified in the roof control
plan, shall be drilled to a depth of at least 12 inches above the
anchorage horizon of mechanically anchored tensioned bolts being used.
When a test hole indicates

[[Page 528]]

that bolts would not anchor in competent strata, corrective action shall
be taken.
(3) The installed torque or tension ranges for roof bolts as
specified in the roof control plan shall maintain the integrity of the
support system and shall not exceed the yield point of the roof bolt nor
anchorage capacity of the strata.
(4) In each roof bolting cycle, the actual torque or tension of the
first tensioned roof bolt installed with each drill head shall be
measured immediately after it is installed. Thereafter, for each drill
head used, at least one roof bolt out of every four installed shall be
measured for actual torque or tension. If the torque or tension of any
of the roof bolts measured is not within the range specified in the roof
control plan, corrective action shall be taken.
(5) In working places from which coal is produced during any portion
of a 24-hour period, the actual torque or tension on at least one out of
every ten previously installed mechanically anchored tensioned roof
bolts shall be measured from the outby corner of the last open crosscut
to the face in each advancing section. Corrective action shall be taken
if the majority of the bolts measured--
(i) Do not maintain at least 70 percent of the minimum torque or
tension specified in the roof control plan, 50 percent if the roof bolt
plates bear against wood; or
(ii) Have exceeded the maximum specified torque or tension by 50
percent.
(6) The mine operator or a person designated by the operator shall
certify by signature and date that measurements required by paragraph
(f)(5) of this section have been made. This certification shall be
maintained for at least one year and shall be made available to an
authorized representative of the Secretary and representatives of the
miners.
(7) Tensioned roof bolts installed in the roof support pattern shall
not be used to anchor trailing cables or used for any other purpose that
could affect the tension of the bolt. Hanging trailing cables, line
brattice, telephone lines, or other similar devices which do not place
sudden loads on the bolts are permitted.
(8) Angle compensating devices shall be used to compensate for the
angle when tensioned roof bolts are installed at angles greater than 5
degrees from the perpendicular to the bearing plate.
(g) Non-tensioned grouted roof bolts. The first non-tensioned
grouted roof bolt installed during each roof bolting cycle shall be
tested during or immediately after the first row of bolts has been
installed. If the bolt tested does not withstand at least 150 foot-
pounds of torque without rotating in the hole, corrective action shall
be taken.

[53 FR 2375, Jan. 27, 1988, as amended at 55 FR 4595, Feb. 8, 1990; 63
FR 20030, Apr. 22, 1998]

Sec. 75.205 Installation of roof support using mining machines with
integral roof bolters.

When roof bolts are installed by a continuous mining machine with
integral roof bolting equipment:
(a) The distance between roof bolts shall not exceed 10 feet
crosswise.
(b) Roof bolts to be installed 9 feet or more apart shall be
installed with a wooden crossbar at least 3 inches thick and 8 inches
wide, or material which provides equivalent support.
(c) Roof bolts to be installed more than 8 feet but less than 9 feet
apart shall be installed with a wooden plank at least 2 inches thick and
8 inches wide, or material which provides equivalent support.

Sec. 75.206 Conventional roof support.

(a) Except in anthracite mines using non-mechanized mining systems,
when conventional roof support materials are used as the only means of
support--
(1) The width of any opening shall not exceed 20 feet;
(2) The spacing of roadway roof support shall not exceed 5 feet;
(3)(i) Supports shall be installed to within 5 feet of the uncut
face;
(ii) When supports nearest the face must be removed to facilitate
the operation of face equipment, equivalent temporary support shall be
installed prior to removing the supports;
(4) Straight roadways shall not exceed 16 feet wide where full
overhead

[[Page 529]]

support is used and 14 feet wide where only posts are used;
(5) Curved roadways shall not exceed 16 feet wide; and
(6) The roof at the entrance of all openings along travelways which
are no longer needed for storing supplies or for travel of equipment
shall be supported by extending the line of support across the opening.
(b) Conventional roof support materials shall meet the following
specifications:
(1) The minimum diameter of cross-sectional area of wooden posts
shall be as follows:

------------------------------------------------------------------------
Cross-
sectional
Diameter of area of
Post length (in inches) round posts split posts
(in inches) (in square
inches)
------------------------------------------------------------------------
60 or less.................................. 4 13
Over 60 to 84............................... 5 20
Over 84 to 108.............................. 6 28
Over 108 to 132............................. 7 39
Over 132 to 156............................. 8 50
Over 156 to 180............................. 9 64
Over 180 to 204............................. 10 79
Over 204 to 228............................. 11 95
Over 228.................................... 12 113
------------------------------------------------------------------------

(2) Wooden materials used for support shall have the following
dimensions:
(i) Cap blocks and footings shall have flat sides and be at least 2
inches thick, 4 inches wide and 12 inches long.
(ii) Crossbars shall have a minimum cross-sectional area of 24
square inches and be at least 3 inches thick.
(iii) Planks shall be at least 6 inches wide and 1 inch thick.
(3) Cribbing materials shall have at least two parallel flat sides.
(c) A cluster of two or more posts that provide equivalent strength
may be used to meet the requirements of paragraph (b)(1) of this
section, except that no post shall have a diameter less than 4 inches or
have a cross-sectional area less than 13 square inches.
(d) Materials other than wood used for support shall have support
strength at least equivalent to wooden material meeting the applicable
provisions of this section.
(e) Posts and jacks shall be tightly installed on solid footing.
(f) When posts are installed under roof susceptible to sloughing a
cap block, plank, crossbar or materials that are equally effective shall
be placed between the post and the roof.
(g) Blocks used for lagging between the roof and crossbars shall be
spaced to distribute the load.
(h) Jacks used for roof support shall be used with at least 36
square inches of roof bearing surface.

[53 FR 2375, Jan. 27, 1988, as amended at 55 FR 14228, Apr. 16, 1990; 55
FR 20137, May 15, 1990]

Sec. 75.207 Pillar recovery.

Pillar recovery shall be conducted in the following manner, unless
otherwise specified in the roof control plan:
(a) Full and partial pillar recovery shall not be conducted on the
same pillar line, except where physical conditions such as unstable
floor or roof, falls of roof, oil and gas well barriers or surface
subsidence require that pillars be left in place.
(b) Before mining is started in a pillar split or lift--
(1) At least two rows of breaker posts or equivalent support shall
be installed--
(i) As close to the initial intended breakline as practicable; and
(ii) Across each opening leading into an area where full or partial
pillar extraction has been completed.
(2) A row of roadside-radius (turn) posts or equivalent support
shall be installed leading into the split or lift.
(c) Before mining is started on a final stump--
(1) At least 2 rows of posts or equivalent support shall be
installed on not more than 4-foot centers on each side of the roadway;
and
(2) Only one open roadway, which shall not exceed 16 feet wide,
shall lead from solid pillars to the final stump of a pillar. Where
posts are used as the sole means of roof support, the width of the
roadway shall not exceed 14 feet.
(d) During open-end pillar extraction, at least 2 rows of breaker
posts or equivalent support shall be installed on not more than 4-foot
centers. These supports shall be installed between the lift to be
started and the area where pillars have been extracted. These supports
shall be maintained to within 7 feet of the face and the width of the
roadway shall not exceed 16 feet. Where posts are used as the sole means
of roof

[[Page 530]]

support, the width of the roadway shall not exceed 14 feet.

Sec. 75.208 Warning devices.

Except during the installation of roof supports, the end of
permanent roof support shall be posted with a readily visible warning,
or a physical barrier shall be installed to impede travel beyond
permanent support.

Sec. 75.209 Automated Temporary Roof Support (ATRS) systems.

(a) Except in anthracite mines and as specified in paragraphs (b)
and (c) of this section, an ATRS system shall be used with roof bolting
machines and continuous-mining machines with integral roof bolters
operated in a working section. The requirements of this paragraph shall
be met according to the following schedule:
(1) All new machines ordered after March 28, 1988.
(2) All existing machines operated in mining heights of 36 inches or
more after March 28, 1989; and
(3) All existing machines operated in mining heights of 30 inches or
more but less than 36 inches after March 28, 1990.
(b) After March 28, 1990 the use of ATRS systems with existing roof
bolting machines and continuous-mining machines with integral roof
bolters operated in a working section where the mining height is less
than 30 inches shall be addressed in the roof control plan.
(c) Alternative means of temporary support shall be used, as
specified in the roof control plan, when--
(1) Mining conditions or circumstances prevent the use of an ATRS
system; or
(2) Temporary supports are installed in conjunction with an ATRS
system.
(d) Persons shall work or travel between the support device of the
ATRS system and another support, and the distance between the support
device of the ATRS system and support to the left, right or beyond the
ATRS system, shall not exceed 5 feet.
(e) Each ATRS system shall meet each of the following:
(1) The ATRS system shall elastically support a deadweight load
measured in pounds of at least 450 times each square foot of roof
intended to be supported, but in no case less than 11,250 pounds.
(2) The controls that position and set the ATRS system shall be--
(i) Operable from under permanently supported roof; or
(ii) Located in a compartment, which includes a deck, that provides
the equipment operator with overhead and lateral protection, and has the
structural capacity to elastically support a deadweight load of at least
18,000 pounds.
(3) All jacks affecting the capacity of the ATRS system and
compartment shall have check valves or equivalent devices that will
prevent rapid collapse in the event of a system failure.
(4) Except for the main tram controls, tram controls for positioning
the equipment to set the ATRS system shall limit the speed of the
equipment to a maximum of 80 feet-per-minute.
(f) The support capacity of each ATRS system and the structural
capacity of each compartment shall be certified by a registered engineer
as meeting the applicable requirements of paragraphs (e)(1) and (e)(2)
of this section. The certifications shall be made available to an
authorized representative of the Secretary and representative of the
miners.

Sec. 75.210 Manual installation of temporary support.

(a) When manually installing temporary support, only persons engaged
in installing the support shall proceed beyond permanent support.
(b) When manually installing temporary supports, the first temporary
support shall be set no more than 5 feet from a permanent roof support
and the rib. All temporary supports shall be set so that the person
installing the supports remains between the temporary support being set
and two other supports which shall be no more than 5 feet from the
support being installed. Each temporary support shall be completely
installed prior to installing the next temporary support.
(c) All temporary supports shall be placed on no more than 5-foot
centers.
(d) Once temporary supports have been installed, work or travel
beyond permanent roof support shall be done between temporary supports
and the

[[Page 531]]

nearest permanent support or between other temporary supports.

Sec. 75.211 Roof testing and scaling.

(a) A visual examination of the roof, face and ribs shall be made
immediately before any work is started in an area and thereafter as
conditions warrant.
(b) Where the mining height permits and the visual examination does
not disclose a hazardous condition, sound and vibration roof tests, or
other equivalent tests, shall be made where supports are to be
installed. When sound and vibration tests are made, they shall be
conducted--
(1) After the ATRS system is set against the roof and before other
support is installed; or
(2) Prior to manually installing a roof support. This test shall
begin under supported roof and progress no further than the location
where the next support is to be installed.
(c) When a hazardous roof, face, or rib condition is detected, the
condition shall be corrected before there is any other work or travel in
the affected area. If the affected area is left unattended, each
entrance to the area shall be posted with a readily visible warning, or
a physical barrier shall be installed to impede travel into the area.
(d) A bar for taking down loose material shall be available in the
working place or on all face equipment except haulage equipment. Bars
provided for taking down loose material shall be of a length and design
that will allow the removal of loose material from a position that will
not expose the person performing this work to injury from falling
material.

Sec. 75.212 Rehabilitation of areas with unsupported roof.

(a) Before rehabilitating each area where a roof fall has occurred
or the roof has been removed by mining machines or by blasting--
(1) The mine operator shall establish the clean up and support
procedures that will be followed;
(2) All persons assigned to perform rehabilitation work shall be
instructed in the clean-up and support procedures; and
(3) Ineffective, damaged or missing roof support at the edge of the
area to be rehabilitated shall be replaced or other equivalent support
installed.
(b) All persons who perform rehabilitation work shall be experienced
in this work or they shall be supervised by a person experienced in
rehabilitation work who is designated by the mine operator.
(c) Where work is not being performed to rehabilitate an area in
active workings where a roof fall has occurred or the roof has been
removed by mining machines or by blasting, each entrance to the area
shall be supported by at least one row of posts on not more than 5-foot
centers, or equally effective support.

Sec. 75.213 Roof support removal.

(a)(1) All persons who perform the work of removing permanent roof
supports shall be supervised by a management person experienced in
removing roof supports.
(2) Only persons with at least one year of underground mining
experience shall perform permanent roof support removal work.
(b) Prior to the removal of permanent roof supports, the person
supervising roof support removal in accordance with paragraph (a)(1) of
this section shall examine the roof conditions in the area where the
supports are to be removed and designate each support to be removed.
(c)(1) Except as provided in paragraph (g) of this section, prior to
the removal of permanent supports, a row of temporary supports on no
more than 5-foot centers or equivalent support shall be installed across
the opening within 4 feet of the supports being removed. Additional
supports shall be installed where necessary to assure safe removal.
(2) Prior to the removal of roof bolts, temporary support shall be
installed as close as practicable to each roof bolt being removed.
(d) Temporary supports installed in accordance with this section
shall not be removed unless--
(1) Removal is done by persons who are in a remote location under
supported roof; and

[[Page 532]]

(2) At least two rows of temporary supports, set across the opening
on no more than 5-foot centers, are maintained between the miners and
the unsupported area.
(e) Each entrance to an area where supports have been removed shall
be posted with a readily visible warning or a physical barrier shall be
installed to impede travel into the area.
(f) Except as provided in paragraph (g) of this section, permanent
support shall not be removed where--
(1) Roof bolt torque or tension measurements or the condition of
conventional support indicate excessive loading;
(2) Roof fractures are present;
(3) There is any other indication that the roof is structurally
weak; or
(4) Pillar recovery has been conducted.
(g) Permanent supports may be removed provided that:
(1) Removal is done by persons who are in a remote location under
supported roof; and
(2) At least two rows of temporary supports, set across the opening
on no more than 5-foot centers, are maintained between the miners and
the unsupported area.
(h) The provisions of this section do not apply to removal of
conventional supports for starting crosscuts and pillar splits or lifts
except that prior to the removal of these supports an examination of the
roof conditions shall be made.

[55 FR 4595, Feb. 8, 1990]

Sec. 75.214 Supplemental support materials, equipment and tools.

(a) A supply of supplementary roof support materials and the tools
and equipment necessary to install the materials shall be available at a
readily accessible location on each working section or within four
crosscuts of each working section.
(b) The quantity of support materials and tools and equipment
maintained available in accordance with this section shall be sufficient
to support the roof if adverse roof conditions are encountered, or in
the event of an accident involving a fall.

Sec. 75.215 Longwall mining systems.

For each longwall mining section, the roof control plan shall
specify--
(a) The methods that will be used to maintain a safe travelway out
of the section through the tailgate side of the longwall; and
(b) The procedures that will be followed if a ground failure
prevents travel out of the section through the tailgate side of the
longwall.

Sec. 75.220 Roof control plan.

(a)(1) Each mine operator shall develop and follow a roof control
plan, approved by the District Manager, that is suitable to the
prevailing geological conditions, and the mining system to be used at
the mine. Additional measures shall be taken to protect persons if
unusual hazards are encountered.
(2) The proposed roof control plan and any revisions to the plan
shall be submitted, in writing, to the District Manager. When revisions
to a roof control plan are proposed, only the revised pages need to be
submitted unless otherwise specified by the District Manager.
(b)(1) The mine operator will be notified in writing of the approval
or denial of approval of a proposed roof control plan or proposed
revision.
(2) When approval of a proposed plan or revision is denied, the
deficiencies of the plan or revision and recommended changes will be
specified and the mine operator will be afforded an opportunity to
discuss the deficiencies and changes with the District Manager.
(3) Before new support materials, devices or systems other than roof
bolts and accessories, are used as the only means of roof support, the
District Manager may require that their effectiveness be demonstrated by
experimental installations.
(c) No proposed roof control plan or revision to a roof control plan
shall be implemented before it is approved.
(d) Before implementing an approved revision to a roof control plan,
all persons who are affected by the revision shall be instructed in its
provisions.
(e) The approved roof control plan and any revisions shall be
available to

[[Page 533]]

the miners and representative of miners at the mine.

[53 FR 2375, Jan. 27, 1988; 53 FR 11395, Apr. 6, 1988, as amended at 60
FR 33723, June 29, 1995; 71 FR 16668, Apr. 3, 2006]

Sec. 75.221 Roof control plan information.

(a) The following information shall be included in each roof control
plan:
(1) The name and address of the company.
(2) The name, address, mine identification number and location of
the mine.
(3) The name and title of the company official responsible for the
plan.
(4) A typical columnar section of the mine strata which shall--
(i) Show the name and the thickness of the coalbed to be mined and
any persistent partings;
(ii) Identify the type and show the thickness of each stratum up to
and including the main roof above the coalbed and for distance of at
least 10 feet below the coalbed; and
(iii) Indicate the maximum cover over the area to be mined.
(5) A description and drawings of the sequence of installation and
spacing of supports for each method of mining used.
(6) When an ATRS system is used, the maximum distance that an ATRS
system is to be set beyond the last row of permanent support.
(7) When tunnel liners or arches are to be used for roof support,
specifications and installation procedures for the liners or arches.
(8) Drawings indicating the planned width of openings, size of
pillars, method of pillar recovery, and the sequence of mining pillars.
(9) A list of all support materials required to be used in the roof,
face and rib control system, including, if roof bolts are to be
installed--
(i) The length, diameter, grade and type of anchorage unit to be
used;
(ii) The drill hole size to be used; and
(iii) The installed torque or tension range for tensioned roof
bolts.
(10) When mechanically anchored tensioned roof bolts are used, the
intervals at which test holes will be drilled.
(11) A description of the method of protecting persons--
(i) From falling material at drift openings; and
(ii) When mining approaches within 150 feet of an outcrop.
(12) A description of the roof and rib support necessary for the
refuge alternatives.
(b) Each drawing submitted with a roof control plan shall contain a
legend explaining all symbols used and shall specify the scale of the
drawing which shall not be less than 5 feet to the inch or more than 20
feet to the inch.
(c) All roof control plan information, including drawings, shall be
submitted on 8\1/2\ by 11 inch paper, or paper folded to this size.

[53 FR 2375, Jan. 27, 1988, as amended at 60 FR 33723, June 29, 1995; 73
FR 80697, Dec. 31, 2008]

Sec. 75.222 Roof control plan-approval criteria.

(a) This section sets forth the criteria that shall be considered on
a mine-by-mine basis in the formulation and approval of roof control
plans and revisions. Additional measures may be required in plans by the
District Manager. Roof control plans that do not conform to the
applicable criteria in this section may be approved by the District
Manager, provided that effective control of the roof, face and ribs can
be maintained.
(b) Roof Bolting. (1) Roof bolts should be installed on centers not
exceeding 5 feet lengthwise and crosswise, except as specified in Sec.
75.205.
(2) When tensioned roof bolts are used as a means of roof support,
the torque or tension range should be capable of supporting roof bolt
loads of at least 50 percent of either the yield point of the bolt or
anchorage capacity of the strata, whichever is less.
(3) Any opening that is more than 20 feet wide should be supported
by a combination of roof bolts and conventional supports.
(4) In any opening more than 20 feet wide--
(i) Posts should be installed to limit each roadway to 16 feet wide
where straight and 18 feet wide where curved; and
(ii) A row of posts should be set for each 5 feet of space between
the roadway posts and the ribs.

[[Page 534]]

(5) Openings should not be more than 30 feet wide.
(c) Installation of roof support using mining machines with integral
roof bolters. (1) Before an intersection or pillar split is started,
roof bolts should be installed on at least 5-foot centers where the work
is performed.
(2) Where the roof is supported by only two roof bolts crosswise,
openings should not be more than 16 feet wide.
(d) Pillar recovery. (1) During development, any dimension of a
pillar should be at least 20 feet.
(2) Pillar splits and lifts should not be more than 20 feet wide.
(3) Breaker posts should be installed on not more than 4-foot
centers.
(4) Roadside-radius (turn) posts, or equivalent support, should be
installed on not more than 4-foot centers leading into each pillar split
or lift.
(5) Before full pillar recovery is started in areas where roof bolts
are used as the only means of roof support and openings are more than 16
feet wide, at least one row of posts should be installed to limit the
roadway width to 16 feet. These posts should be--
(i) Extended from the entrance to the split through the intersection
outby the pillar in which the split or lift is being made; and
(ii) Spaced on not more than 5-foot centers.
(e) Unsupported openings at intersections. Openings that create an
intersection should be permanently supported or at least one row of
temporary supports should be installed on not more than 5-foot centers
across the opening before any other work or travel in the intersection.
(f) ATRS systems in working sections where the mining height is
below 30 inches. In working sections where the mining height is below 30
inches, an ATRS system should be used to the extent practicable during
the installation of roof bolts with roof bolting machines and
continuous-mining machines with integral roof bolters.
(g) Longwall mining systems. (1) Systematic supplemental support
should be installed throughout--
(i) The tailgate entry of the first longwall panel prior to any
mining; and
(ii) In the proposed tailgate entry of each subsequent panel in
advance of the frontal abutment stresses of the panel being mined.
(2) When a ground failure prevents travel out of the section through
the tailgate side of the longwall section, the roof control plan should
address--
(i) Notification of miners that the travelway is blocked;
(ii) Re-instruction of miners regarding escapeways and escape
procedures in the event of an emergency;
(iii) Re-instruction of miners on the availability and use of self-
contained self-rescue devices;
(iv) Monitoring and evaluation of the air entering the longwall
section;
(v) Location and effectiveness of the two-way communication systems;
and
(vi) A means of transportation from the section to the main line.
(3) The plan provisions addressed by paragraph (g)(2) of this
section should remain in effect until a travelway is reestablished on
the tailgate side of a longwall section.

Sec. 75.223 Evaluation and revision of roof control plan.

(a) Revisions of the roof control plan shall be proposed by the
operator--
(1) When conditions indicate that the plan is not suitable for
controlling the roof, face, ribs, or coal or rock bursts; or
(2) When accident and injury experience at the mine indicates the
plan is inadequate. The accident and injury experience at each mine
shall be reviewed at least every six months.
(b) Each unplanned roof fall and rib fall and coal or rock burst
that occurs in the active workings shall be plotted on a mine map if
it--
(1) Is above the anchorage zone where roof bolts are used;
(2) Impairs ventilation;
(3) Impedes passage of persons;
(4) Causes miners to be withdrawn from the area affected; or
(5) Disrupts regular mining activities for more than one hour.
(c) The mine map on which roof falls are plotted shall be available
at the mine site for inspection by authorized representatives of the
Secretary and representatives of miners at the mine.

[[Page 535]]

(d) The roof control plan for each mine shall be reviewed every six
months by an authorized representative of the Secretary. This review
shall take into consideration any falls of the roof, face and ribs and
the adequacy of the support systems used at the time.

[53 FR 2375, Jan. 27, 1988; 60 FR 33723, June 29, 1995]

Subpart D_Ventilation

Authority: 30 U.S.C. 811, 863.

Source: 61 FR 9829, Mar. 11, 1996, unless otherwise noted.

Sec. 75.300 Scope.

This subpart sets requirements for underground coal mine
ventilation.

Sec. 75.301 Definitions.

In addition to the applicable definitions in Sec. 75.2, the
following definitions apply in this subpart.
Air course. An entry or a set of entries separated from other
entries by stoppings, overcasts, other ventilation control devices, or
by solid blocks of coal or rock so that any mixing of air currents
between each is limited to leakage.
AMS operator. The person(s), designated by the mine operator, who is
located on the surface of the mine and monitors the malfunction, alert,
and alarm signals of the AMS and notifies appropriate personnel of these
signals.
Appropriate personnel. The person or persons designated by the
operator to perform specific tasks in response to AMS signals.
Appropriate personnel include the responsible person(s) required by
Sec. 75.1501 when an emergency evacuation is necessary.
Atmospheric Monitoring System (AMS). A network consisting of
hardware and software meeting the requirements of Sec. Sec. 75.351 and
75.1103-2 and capable of: measuring atmospheric parameters; transmitting
the measurements to a designated surface location; providing alert and
alarm signals; processing and cataloging atmospheric data; and,
providing reports. Early-warning fire detection systems using newer
technology that provides equal or greater protection, as determined by
the Secretary, will be considered atmospheric monitoring systems for the
purposes of this subpart.
Belt air course. The entry in which a belt is located and any
adjacent entry(ies) not separated from the belt entry by permanent
ventilation controls, including any entries in series with the belt
entry, terminating at a return regulator, a section loading point, or
the surface.
Carbon monoxide ambient level. The average concentration in parts
per million (ppm) of carbon monoxide detected in an air course
containing carbon monoxide sensors. This average concentration is
representative of the composition of the mine atmosphere over a period
of mining activity during non-fire conditions. Separate ambient levels
may be established for different areas of the mine.
Incombustible. Incapable of being burned.
Intake air. Air that has not yet ventilated the last working place
on any split of any working section, or any worked-out area, whether
pillared or nonpillared.
Intrinsically safe. Incapable of releasing enough electrical or
thermal energy under normal or abnormal conditions to cause ignition of
a flammable mixture of methane or natural gas and air of the most easily
ignitable composition.
Noncombustible structure or area. Describes a structure or area that
will continue to provide protection against flame spread for at least 1
hour when subjected to a fire test incorporating an ASTM E119-88 time/
temperature heat input, or equivalent. The publication ASTM E119-88
``Standard Test Methods for Fire Tests of Building Construction and
Materials'' is incorporated by reference and may be inspected at any
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. In
addition, copies of

[[Page 536]]

the document can be purchased 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. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Noncombustible material. Describes a material that, when used to
construct a ventilation control, results in a control that will continue
to serve its intended function for 1 hour when subjected to a fire test
incorporating an ASTM E119-88 time/temperature heat input, or
equivalent. The publication ASTM E119-88 ``Standard Test Methods for
Fire Tests of Building Construction and Materials'' is incorporated by
reference and may be inspected at any Coal Mine 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. In addition, copies of
the document can be purchased 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. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Point feeding. The process of providing additional intake air to the
belt air course from another intake air course through a regulator.
Return air. Air that has ventilated the last working place on any
split of any working section or any worked-out area whether pillared or
nonpillared. If air mixes with air that has ventilated the last working
place on any split of any working section or any worked-out area,
whether pillared or nonpillared, it is considered return air. For the
purposes of Sec. 75.507-1, air that has been used to ventilate any
working place in a coal producing section or pillared area, or air that
has been used to ventilate any working face if such air is directed away
from the immediate return is return air. Notwithstanding the definition
of intake air, for the purpose of ventilation of structures, areas or
installations that are required by this subpart D to be ventilated to
return air courses, and for ventilation of seals, other air courses may
be designated as return air courses by the operator only when the air in
these air courses will not be used to ventilate working places or other
locations, structures, installations or areas required to be ventilated
with intake air.
Worked-out area. An area where mining has been completed, whether
pillared or nonpillared, excluding developing entries, return air
courses, and intake air courses.

[61 FR 9829, Mar. 11, 1996; 61 FR 29288, June 10, 1996, as amended at 67
FR 38386, June 4, 2002; 69 FR 17526, Apr. 2, 2004; 71 FR 16668, Apr. 3,
2006; 80 FR 52990, Sept. 2, 2015]

Sec. 75.302 Main mine fans.

Each coal mine shall be ventilated by one or more main mine fans.
Booster fans shall not be installed underground to assist main mine fans
except in anthracite mines. In anthracite mines, booster fans installed
in the main air current or a split of the main air current may be used
provided their use is approved in the ventilation plan.

Sec. 75.310 Installation of main mine fans.

(a) Each main mine fan shall be--
(1) Installed on the surface in an incombustible housing;
(2) Connected to the mine opening with incombustible air ducts;
(3) Equipped with an automatic device that gives a signal at the
mine when the fan either slows or stops. A responsible person designated
by the operator shall always be at a surface location at the mine where
the signal can be seen or heard while anyone is underground. This person
shall be provided with two-way communication with the working sections
and work stations where persons are routinely assigned to work for the
majority of a shift;
(4) Equipped with a pressure recording device or system. Mines
permitted

[[Page 537]]

to shut down main mine fans under Sec. 75.311 and which do not have a
pressure recording device installed on main mine fans shall have until
June 10, 1997 to install a pressure recording device or system on all
main mine fans. If a device or system other than a circular pressure
recorder is used to monitor main mine fan pressure, the monitoring
device or system shall provide a continuous graph or continuous chart of
the pressure as a function of time. At not more than 7-day intervals, a
hard copy of the continuous graph or chart shall be generated or the
record of the fan pressure shall be stored electronically. When records
of fan pressure are stored electronically, the system used to store
these records shall be secure and not susceptible to alteration and
shall be capable of storing the required data. Records of the fan
pressure shall be retained at a surface location at the mine for at
least 1 year and be made available for inspection by authorized
representatives of the Secretary and the representative of miners;
(5) Protected by one or more weak walls or explosion doors, or a
combination of weak walls and explosion doors, located in direct line
with possible explosive forces;
(6) Except as provided under paragraph (e) of this section, offset
by at least 15 feet from the nearest side of the mine opening unless an
alternative method of protecting the fan and its associated components
is approved in the ventilation plan.
(b)(1) If an electric motor is used to drive a main mine fan, the
motor shall operate from a power circuit independent of all mine power
circuits.
(2) If an internal combustion engine is used to drive a main mine
fan--
(i) The fuel supply shall be protected against fires and explosions;
(ii) The engine shall be installed in an incombustible housing and
be equipped with a remote shut-down device;
(iii) The engine and the engine exhaust system shall be located out
of direct line of the air current exhausting from the mine; and
(iv) The engine exhaust shall be vented to the atmosphere so that
the exhaust gases do not contaminate the mine intake air current or any
enclosure.
(c) If a main mine fan monitoring system is used under Sec. 75.312,
the system shall--
(1) Record, as described in paragraph (a)(4) the mine ventilating
pressure;
(2) Monitor bearing temperature, revolutions per minute, vibration,
electric voltage, and amperage;
(3) Provide a printout of the monitored parameters, including the
mine ventilating pressure within a reasonable period, not to exceed the
end of the next scheduled shift during which miners are underground; and
(4) Be equipped with an automatic device that signals when--
(i) An electrical or mechanical deficiency exists in the monitoring
system; or
(ii) A sudden increase or loss in mine ventilating pressure occurs.
(5) Provide monitoring, records, printouts, and signals required by
paragraphs (c)(1) through (c)(4) at a surface location at the mine where
a responsible person designated by the operator is always on duty and
where signals from the monitoring system can be seen or heard while
anyone is underground. This person shall be provided with two-way
communication with the working sections and work stations where persons
are routinely assigned to work for the majority of a shift.
(d) Weak walls and explosion doors shall have cross-sectional areas
at least equal to that of the entry through which the pressure from an
explosion underground would be relieved. A weak wall and explosion door
combination shall have a total cross-sectional area at least equal to
that of the entry through which the pressure from an explosion
underground would be relieved.
(e) If a mine fan is installed in line with an entry, a slope, or a
shaft--
(1) The cross-sectional area of the pressure relief entry shall be
at least equal to that of the fan entry;
(2) The fan entry shall be developed out of direct line with
possible explosive forces;
(3) The coal or other solid material between the pressure relief
entry and the fan entry shall be at least 2,500 square feet; and

[[Page 538]]

(4) The surface opening of the pressure relief entry shall be not
less than 15 feet nor more than 100 feet from the surface opening of the
fan entry and from the underground intersection of the fan entry and
pressure relief entry.
(f) In mines ventilated by multiple main mine fans, incombustible
doors shall be installed so that if any main mine fan stops and air
reversals through the fan are possible, the doors on the affected fan
automatically close.

[61 FR 9829, Mar. 11, 1996, as amended at 61 FR 20877, May 8, 1996]

Sec. 75.311 Main mine fan operation.

(a) Main mine fans shall be continuously operated, except as
otherwise approved in the ventilation plan, or when intentionally
stopped for testing of automatic closing doors and automatic fan signal
devices, maintenance or adjustment of the fan, or to perform maintenance
or repair work underground that cannot otherwise be made while the fan
is operating.
(b) Except as provided in paragraph (c) of this section, when a main
mine fan is intentionally stopped and the ventilating quantity provided
by the fan is not maintained by a back-up fan system--
(1) Only persons necessary to evaluate the effect of the fan
stoppage or restart, or to perform maintenance or repair work that
cannot otherwise be made while the fan is operating, shall be permitted
underground;
(2) Mechanized equipment shall be shut off before stopping the fan;
and
(3) Electric power circuits entering underground areas of the mine
shall be deenergized.
(c) When a back-up fan system is used that does not provide the
ventilating quantity provided by the main mine fan, persons may be
permitted in the mine and electric power circuits may be energized as
specified in the approved ventilation plan.
(d) If an unusual variance in the mine ventilation pressure is
observed, or if an electrical or mechanical deficiency of a main mine
fan is detected, the mine foreman or equivalent mine official, or in the
absence of the mine foreman or equivalent mine official, a designated
certified person acting for the mine foreman or equivalent mine official
shall be notified immediately, and appropriate action or repairs shall
be instituted promptly.
(e) While persons are underground, a responsible person designated
by the operator shall always be at a surface location where each main
mine fan signal can be seen or heard.
(f) The area within 100 feet of main mine fans and intake air
openings shall be kept free of combustible material, unless alternative
precautions necessary to provide protection from fire or other products
of combustion are approved in the ventilation plan.
(g) If multiple mine fans are used, the mine ventilation system
shall be designed and maintained to eliminate areas without air
movement.
(h) Any atmospheric monitoring system operated during fan stoppages
shall be intrinsically safe.

Sec. 75.312 Main mine fan examinations and records.

(a) To assure electrical and mechanical reliability of main mine
fans, each main mine fan and its associated components, including
devices for measuring or recording mine ventilation pressure, shall be
examined for proper operation by a trained person designated by the
operator. Examinations of main mine fans shall be made at least once
each day that the fan operates, unless a fan monitoring system is used.
No examination is required on any day when no one, including certified
persons, goes underground, except that an examination shall be completed
prior to anyone entering the mine.
(b)(1) If a main mine fan monitoring system is used, a trained
person designated by the operator shall--
(i) At least once each day review the data provided by the fan
monitoring system to assure that the fan and the fan monitoring system
are operating properly. No review is required on any day when no one,
including certified persons, goes underground, except that a review of
the data shall be performed prior to anyone entering the underground
portion of the mine. Data reviewed should include the fan pressure,
bearing temperature, revolutions per

[[Page 539]]

minute, vibration, electric voltage, and amperage; and
(ii) At least every 7 days--
(A) Test the monitoring system for proper operation; and
(B) Examine each main mine fan and its associated components to
assure electrical and mechanical reliability of main mine fans.
(2) If the monitoring system malfunctions, the malfunction shall be
corrected, or paragraph (a) of this section shall apply.
(c) At least every 31 days, the automatic fan signal device for each
main mine fan shall be tested by stopping the fan. Only persons
necessary to evaluate the effect of the fan stoppage or restart, or to
perform maintenance or repair work that cannot otherwise be made while
the fan is operating, shall be permitted underground. Notwithstanding
the requirement of Sec. 75.311(b)(3), underground power may remain
energized during this test provided no one, including persons identified
in Sec. 75.311(b)(1), is underground. If the fan is not restarted
within 15 minutes, underground power shall be deenergized and no one
shall enter any underground area of the mine until the fan is restarted
and an examination of the mine is conducted as described in Sec. 75.360
(b) through (e) and the mine has been determined to be safe.
(d) At least every 31 days, the automatic closing doors in multiple
main mine fan systems shall be tested by stopping the fan. Only persons
necessary to evaluate the effect of the fan stoppage or restart, or to
perform maintenance or repair work that cannot otherwise be made while
the fan is operating, shall be permitted underground. Notwithstanding
the provisions of Sec. 75.311, underground power may remain energized
during this test provided no one, including persons identified in Sec.
75.311(b)(1), is underground. If the fan is not restarted within 15
minutes, underground power shall be deenergized and no one shall enter
any underground area of the mine, until the fan is restarted and an
examination of the mine is conducted as described in Sec. 75.360 (b)
through (e) and the mine has been determined to be safe.
(e) Circular main mine fan pressure recording charts shall be
changed before the beginning of a second revolution.
(f)(1) Certification. Persons making main mine fan examinations
shall certify by initials and date at the fan or another location
specified by the operator that the examinations were made. Each
certification shall identify the main mine fan examined.
(2) Persons reviewing data produced by a main mine fan monitoring
system shall certify by initials and date on a printed copy of the data
from the system that the review was completed. In lieu of certification
on a copy of the data, the person reviewing the data may certify
electronically that the review was completed. Electronic certification
shall be by handwritten initials and date in a computer system so as to
be secure and not susceptible to alteration.
(g)(1) Recordkeeping. By the end of the shift on which the
examination is made, persons making main mine fan examinations shall
record all uncorrected defects that may affect the operation of the fan
that are not corrected by the end of that shift. Records shall be
maintained in a secure book that is not susceptible to alteration or
electronically in a computer system so as to be secure and not
susceptible to alteration.
(2) When a fan monitoring system is used in lieu of the daily fan
examination--
(i) The certified copies of data produced by fan monitoring systems
shall be maintained separate from other computer-generated reports or
data; and
(ii) A record shall be made of any fan monitoring system
malfunctions, electrical or mechanical deficiencies in the monitoring
system and any sudden increase or loss in mine ventilating pressure. The
record shall be made by the end of the shift on which the review of the
data is completed and shall be maintained in a secure book that is not
susceptible to alteration or electronically in a computer system so as
to be secure and not susceptible to alteration.
(3) By the end of the shift on which the monthly test of the
automatic fan

[[Page 540]]

signal device or the automatic closing doors is completed, persons
making these tests shall record the results of the tests. Records shall
be maintained in a secure book that is not susceptible to alteration or
electronically in a computer system so as to be secure and not
susceptible to alteration.
(h) Retention period. Records, including records of mine fan
pressure and the certified copies of data produced by fan monitoring
systems, shall be retained at a surface location at the mine for at
least 1 year and shall be made available for inspection by authorized
representatives of the Secretary and the representative of miners.

Sec. 75.313 Main mine fan stoppage with persons underground.

(a) If a main mine fan stops while anyone is underground and the
ventilating quantity provided by the fan is not maintained by a back-up
fan system--
(1) Electrically powered equipment in each working section shall be
deenergized;
(2) Other mechanized equipment in each working section shall be shut
off; and
(3) Everyone shall be withdrawn from the working sections and areas
where mechanized mining equipment is being installed or removed.
(b) If ventilation is restored within 15 minutes after a main mine
fan stops, certified persons shall examine for methane in the working
places and in other areas where methane is likely to accumulate before
work is resumed and before equipment is energized or restarted in these
areas.
(c) If ventilation is not restored within 15 minutes after a main
mine fan stops--
(1) Everyone shall be withdrawn from the mine;
(2) Underground electric power circuits shall be deenergized.
However, circuits necessary to withdraw persons from the mine need not
be deenergized if located in areas or haulageways where methane is not
likely to migrate to or accumulate. These circuits shall be deenergized
as persons are withdrawn; and
(3) Mechanized equipment not located on working sections shall be
shut off. However, mechanized equipment necessary to withdraw persons
from the mine need not be shut off if located in areas where methane is
not likely to migrate to or accumulate.
(d)(1) When ventilation is restored--
(i) No one other than designated certified examiners shall enter any
underground area of the mine until an examination is conducted as
described in Sec. 75.360(b) through (e) and the area has been
determined to be safe. Designated certified examiners shall enter the
underground area of the mine from which miners have been withdrawn only
after the fan has operated for at least 15 minutes unless a longer
period of time is specified in the approved ventilation plan.
(ii) Underground power circuits shall not be energized and
nonpermissible mechanized equipment shall not be started or operated in
an area until an examination is conducted as described in Sec.
75.360(b) through (e) and the area has been determined to be safe,
except that designated certified examiners may use nonpermissible
transportation equipment in intake airways to facilitate the making of
the required examination.
(2) If ventilation is restored to the mine before miners reach the
surface, the miners may return to underground working areas only after
an examination of the areas is made by a certified person and the areas
are determined to be safe.
(e) Any atmospheric monitoring system operated during fan stoppages
shall be intrinsically safe.
(f) Any electrical refuge alternative components exposed to the mine
atmosphere shall be approved as intrinsically safe for use during fan
stoppages. Any electrical refuge alternative components located inside
the refuge alternative shall be either approved as intrinsically safe or
approved as permissible for use during fan stoppages.

[61 FR 9829, Mar. 11, 1996, as amended at 73 FR 80697, Dec. 31, 2008]

[[Page 541]]

Sec. 75.320 Air quality detectors and measurement devices.

(a) Tests for methane shall be made by a qualified person with MSHA
approved detectors that are maintained in permissible and proper
operating condition and calibrated with a known methane-air mixture at
least once every 31 days.
(b) Tests for oxygen deficiency shall be made by a qualified person
with MSHA approved oxygen detectors that are maintained in permissible
and proper operating condition and that can detect 19.5 percent oxygen
with an accuracy of 0.5 percent. The oxygen
detectors shall be calibrated at the start of each shift that the
detectors will be used.
(c) Handheld devices that contain electrical components and that are
used for measuring air velocity, carbon monoxide, oxides of nitrogen,
and other gases shall be approved and maintained in permissible and
proper operating condition.
(d) An oxygen detector approved by MSHA shall be used to make tests
for oxygen deficiency required by the regulations in this part.
Permissible flame safety lamps may only be used as a supplementary
testing device.
(e) Maintenance of instruments required by paragraphs (a) through
(d) of this section shall be done by persons trained in such
maintenance.

Sec. 75.321 Air quality.

(a)(1) The air in areas where persons work or travel, except as
specified in paragraph (a)(2) of this section, shall contain at least
19.5 percent oxygen and not more than 0.5 percent carbon dioxide, and
the volume and velocity of the air current in these areas shall be
sufficient to dilute, render harmless, and carry away flammable,
explosive, noxious, and harmful gases, dusts, smoke, and fumes.
(2) The air in areas of bleeder entries and worked-out areas where
persons work or travel shall contain at least 19.5 percent oxygen, and
carbon dioxide levels shall not exceed 0.5 percent time weighted average
and 3.0 percent short term exposure limit.
(b) Notwithstanding the provisions of Sec. 75.322, for the purpose
of preventing explosions from gases other than methane, the following
gases shall not be permitted to accumulate in excess of the
concentrations listed below:
(1) Carbon monoxide (CO)--2.5 percent
(2) Hydrogen (H)--.80 percent
(3) Hydrogen sulfide (H S)--.80 percent
(4) Acetylene (C H)--.40 percent
(5) Propane (C H)--.40 percent
(6) MAPP (methyl-acetylene-propylene-propodiene)--.30 percent

222238
Sec. 75.322 Harmful quantities of noxious gases.

Concentrations of noxious or poisonous gases, other than carbon
dioxide, shall not exceed the threshold limit values (TLV) as specified
and applied by the American Conference of Governmental Industrial
Hygienists in ``Threshold Limit Values for Substance in Workroom Air''
(1972). Detectors or laboratory analysis of mine air samples shall be
used to determine the concentrations of harmful, noxious, or poisonous
gases. This incorporation by reference has been approved by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies are available from MSHA's Office of Standards,
Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-
5452; 202-693-9440; and at every MSHA Coal Mine Safety and Health
District Office. The material is available for examination at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

[80 FR 52991, Sept. 2, 2015]

Sec. 75.323 Actions for excessive methane.

(a) Location of tests. Tests for methane concentrations under this
section shall be made at least 12 inches from the roof, face, ribs, and
floor.
(b) Working places and intake air courses. (1) When 1.0 percent or
more methane is present in a working place or an intake air course,
including an air course in which a belt conveyor is located, or in an
area where mechanized mining equipment is being installed or removed--

[[Page 542]]

(i) Except intrinsically safe atmospheric monitoring systems (AMS),
electrically powered equipment in the affected area shall be
deenergized, and other mechanized equipment shall be shut off;
(ii) Changes or adjustments shall be made at once to the ventilation
system to reduce the concentration of methane to less than 1.0 percent;
and
(iii) No other work shall be permitted in the affected area until
the methane concentration is less than 1.0 percent.
(2) When 1.5 percent or more methane is present in a working place
or an intake air course, including an air course in which a belt
conveyor is located, or in an area where mechanized mining equipment is
being installed or removed--
(i) Everyone except those persons referred to in Sec. 104(c) of the
Act shall be withdrawn from the affected area; and
(ii) Except for intrinsically safe AMS, electrically powered
equipment in the affected area shall be disconnected at the power
source.
(c) Return air split. (1) When 1.0 percent or more methane is
present in a return air split between the last working place on a
working section and where that split of air meets another split of air,
or the location at which the split is used to ventilate seals or worked-
out areas changes or adjustments shall be made at once to the
ventilation system to reduce the concentration of methane in the return
air to less than 1.0 percent.
(2) When 1.5 percent or more methane is present in a return air
split between the last working place on a working section and where that
split of air meets another split of air, or the location where the split
is used to ventilate seals or worked-out areas--
(i) Everyone except those persons referred to in Sec. 104(c) of the
Act shall be withdrawn from the affected area;
(ii) Other than intrinsically safe AMS, equipment in the affected
area shall be deenergized, electric power shall be disconnected at the
power source, and other mechanized equipment shall be shut off; and
(iii) No other work shall be permitted in the affected area until
the methane concentration in the return air is less than 1.0 percent.
(d) Return air split alternative. (1) The provisions of this
paragraph apply if--
(i) The quantity of air in the split ventilating the active workings
is at least 27,000 cubic feet per minute in the last open crosscut or
the quantity specified in the approved ventilation plan, whichever is
greater;
(ii) The methane content of the air in the split is continuously
monitored during mining operations by an AMS that gives a visual and
audible signal on the working section when the methane in the return air
reaches 1.5 percent, and the methane content is monitored as specified
in Sec. 75.351; and
(iii) Rock dust is continuously applied with a mechanical duster to
the return air course during coal production at a location in the air
course immediately outby the most inby monitoring point.
(2) When 1.5 percent or more methane is present in a return air
split between a point in the return opposite the section loading point
and where that split of air meets another split of air or where the
split of air is used to ventilate seals or worked-out areas--
(i) Changes or adjustments shall be made at once to the ventilation
system to reduce the concentration of methane in the return air below
1.5 percent;
(ii) Everyone except those persons referred to in Sec. 104(c) of
the Act shall be withdrawn from the affected area;
(iii) Except for intrinsically safe AMS, equipment in the affected
area shall be deenergized, electric power shall be disconnected at the
power source, and other mechanized equipment shall be shut off; and
(iv) No other work shall be permitted in the affected area until the
methane concentration in the return air is less than 1.5 percent.
(e) Bleeders and other return air courses. The concentration of
methane in a bleeder split of air immediately before the air in the
split joins another split of air, or in a return air course other than
as described in paragraphs (c) and (d) of this section, shall not exceed
2.0 percent.

[[Page 543]]

Sec. 75.324 Intentional changes in the ventilation system.

(a) A person designated by the operator shall supervise any
intentional change in ventilation that--
(1) Alters the main air current or any split of the main air current
in a manner that could materially affect the safety or health of persons
in the mine; or
(2) Affects section ventilation by 9,000 cubic feet per minute of
air or more in bituminous or lignite mines, or 5,000 cubic feet per
minute of air or more in anthracite mines.
(b) Intentional changes shall be made only under the following
conditions:
(1) Electric power shall be removed from areas affected by the
ventilation change and mechanized equipment in those areas shall be shut
off before the ventilation change begins.
(2) Only persons making the change in ventilation shall be in the
mine.
(3) Electric power shall not be restored to the areas affected by
the ventilation change and mechanized equipment shall not be restarted
until a certified person has examined these areas for methane
accumulation and for oxygen deficiency and has determined that the areas
are safe.

Sec. 75.325 Air quantity.

(a)(1) In bituminous and lignite mines the quantity of air shall be
at least 3,000 cubic feet per minute reaching each working face where
coal is being cut, mined, drilled for blasting, or loaded. When a
greater quantity is necessary to dilute, render harmless, and carry away
flammable, explosive, noxious, and harmful gases, dusts, smoke, and
fumes, this quantity shall be specified in the approved ventilation
plan. A minimum air quantity may be required to be specified in the
approved ventilation plan for other working places or working faces.
(2) The quantity of air reaching the working face shall be
determined at or near the face end of the line curtain, ventilation
tubing, or other ventilation control device. If the curtain, tubing, or
device extends beyond the last row of permanent roof supports, the
quantity of air reaching the working face shall be determined behind the
line curtain or in the ventilation tubing at or near the last row of
permanent supports. When machine-mounted dust collectors are used in
conjunction with blowing face ventilation systems, the quantity of air
reaching the working face shall be determined with the dust collector
turned off.
(3) If machine mounted dust collectors or diffuser fans are used,
the approved ventilation plan shall specify the operating volume of the
dust collector or diffuser fan.
(b) In bituminous and lignite mines, the quantity of air reaching
the last open crosscut of each set of entries or rooms on each working
section and the quantity of air reaching the intake end of a pillar line
shall be at least 9,000 cubic feet per minute unless a greater quantity
is required to be specified in the approved ventilation plan. This
minimum also applies to sections which are not operating but are capable
of producing coal by simply energizing the equipment on the section.
(c) In longwall and shortwall mining systems--
(1) The quantity of air shall be at least 30,000 cubic feet per
minute reaching the working face of each longwall, unless the operator
demonstrates that a lesser air quantity will maintain continual
compliance with applicable methane and respirable dust standards. This
lesser quantity shall be specified in the approved ventilation plan. A
quantity greater than 30,000 cubic feet per minute may be required to be
specified in the approved ventilation plan.
(2) The velocity of air that will be provided to control methane and
respirable dust in accordance with applicable standards on each longwall
or shortwall and the locations where these velocities will be provided
shall be specified in the approved ventilation plan. The locations
specified shall be at least 50 feet but no more than 100 feet from the
headgate and tailgate, respectively.
(d) Ventilation shall be maintained during installation and removal
of mechanized mining equipment. The approved ventilation plan shall
specify the minimum quantity of air, the locations where this quantity
will be provided and the ventilation controls required.

[[Page 544]]

(e) In anthracite mines, the quantity of air shall be as follows:
(1) At least 1,500 cubic feet per minute reaching each working face
where coal is being mined, unless a greater quantity is required to be
specified in the approved ventilation plan.
(2) At least 5,000 cubic feet per minute passing through the last
open crosscut in each set of entries or rooms and at the intake end of
any pillar line, unless a greater quantity is required to be specified
in the approved ventilation plan.
(3) When robbing areas where air currents cannot be controlled and
air measurements cannot be obtained, the air shall have perceptible
movement.
(f) The minimum ventilating air quantity for an individual unit of
diesel-powered equipment being operated shall be at least that specified
on the approval plate for that equipment. Such air quantity shall be
maintained--
(1) In any working place where the equipment is being operated;
(2) At the section loading point during any shift the equipment is
being operated on the working section;
(3) In any entry where the equipment is being operated outby the
section loading point in areas of the mine developed on or after April
25, 1997;
(4) In any air course with single or multiple entries where the
equipment is being operated outby the section loading point in areas of
the mine developed prior to April 25, 1997; and
(5) At any other location required by the district manager and
specified in the approved ventilation plan.
(g) The minimum ventilating air quantity where multiple units of
diesel-powered equipment are operated on working sections and in areas
where mechanized mining equipment is being installed or removed must be
at least the sum of that specified on the approval plates of all the
diesel-powered equipment on the working section or in the area where
mechanized mining equipment is being installed or removed. The minimum
ventilating air quantity shall be specified in the approved ventilation
plan. For working sections such air quantity must be maintained--
(1) In the last open crosscut of each set of entries or rooms in
each working section;
(2) In the intake, reaching the working face of each longwall; and
(3) At the intake end of any pillar line.
(h) The following equipment may be excluded from the calculations of
ventilating air quantity under paragraph (g) if such equipment exclusion
is approved by the district manager and specified in the ventilation
plan:
(1) Self-propelled equipment meeting the requirements of Sec.
75.1908(b);
(2) Equipment that discharges its exhaust into intake air that is
coursed directly to a return air course;
(3) Equipment that discharges its exhaust directly into a return air
course; and
(4) Other equipment having duty cycles such that the emissions would
not significantly affect the exposure of miners.
(i) A ventilating air quantity that is less than what is required by
paragraph (g) of this section may be approved by the district manager in
the ventilation plan based upon the results of sampling that demonstrate
that the lesser air quantity will maintain continuous compliance with
applicable TLV [supreg]'s.
(j) If during sampling required by Sec. 70.1900(c) of this
subchapter the ventilating air is found to contain concentrations of CO
or NO in excess of the action level specified by Sec.
70.1900(c), higher action levels may be approved by the district manager
based on the results of sampling that demonstrate that a higher action
level will maintain continuous compliance with applicable TLV
[supreg]'s. Action levels other than those specified in Sec. 70.1900(c)
shall be specified in the approved ventilation plan.
(k) As of November 25, 1997 the ventilating air quantity required
where diesel-powered equipment is operated shall meet the requirements
of paragraphs (f) through (j) of this section. Mine operators utilizing
diesel-powered equipment in underground coal mines shall submit to the
appropriate MSHA district manager a revised ventilation plan or
appropriate amendments to the existing plan, in accordance with

[[Page 545]]

Sec. 75.371, which implement the requirements of paragraphs (f) through
(j) of this section.

[61 FR 9828, Mar. 11, 1996; 61 FR 26442, May 28, 1996; 61 FR 29288, June
10, 1996, as amended at 61 FR 55526, Oct. 25, 1996; 62 FR 34641, June
27, 1997; 79 FR 24987, May 1, 2014]

2
Sec. 75.326 Mean entry air velocity.

In exhausting face ventilation systems, the mean entry air velocity
shall be at least 60 feet per minute reaching each working face where
coal is being cut, mined, drilled for blasting, or loaded, and to any
other working places as required in the approved ventilation plan. A
lower mean entry air velocity may be approved in the ventilation plan if
the lower velocity will maintain methane and respirable dust
concentrations in accordance with the applicable levels. Mean entry air
velocity shall be determined at or near the inby end of the line
curtain, ventilation tubing, or other face ventilation control devices.

[61 FR 9828, Mar. 11, 1996; 61 FR 29288, June 10, 1996]

Sec. 75.327 Air courses and trolley haulage systems.

(a) In any mine opened on or after March 30, 1970, or in any new
working section of a mine opened before that date, where trolley haulage
systems are maintained and where trolley wires or trolley feeder wires
are installed, an authorized representative of the Secretary shall
require enough entries or rooms as intake air courses to limit the
velocity of air currents in the haulageways to minimize the hazards of
fires and dust explosions in the haulageways.
(b) Unless the district manager approves a higher velocity, the
velocity of the air current in the trolley haulage entries shall be
limited to not more than 250 feet per minute. A higher air velocity may
be required to limit the methane content in these haulage entries or
elsewhere in the mine to less than 1.0 percent and provide an adequate
supply of oxygen.

Sec. 75.330 Face ventilation control devices.

(a) Brattice cloth, ventilation tubing and other face ventilation
control devices shall be made of flame-resistant material approved by
MSHA.
(b)(1) Ventilation control devices shall be used to provide
ventilation to dilute, render harmless, and to carry away flammable,
explosive, noxious, and harmful gases, dusts, smoke, and fumes--
(i) To each working face from which coal is being cut, mined,
drilled for blasting, or loaded; and
(ii) To any other working places as required by the approved
ventilation plan.
(2) These devices shall be installed at a distance no greater than
10 feet from the area of deepest penetration to which any portion of the
face has been advanced unless an alternative distance is specified and
approved in the ventilation plan. Alternative distances specified shall
be capable of maintaining concentrations of respirable dust, methane,
and other harmful gases, in accordance with the levels specified in the
applicable sections of this chapter.
(c) When the line brattice or any other face ventilation control
device is damaged to an extent that ventilation of the working face is
inadequate, production activities in the working place shall cease until
necessary repairs are made and adequate ventilation is restored.

[61 FR 9828, Mar. 11, 1996; 61 FR 29288, June 10, 1996]

Sec. 75.331 Auxiliary fans and tubing.

(a) When auxiliary fans and tubing are used for face ventilation,
each auxiliary fan shall be--
(1) Permissible, if the fan is electrically operated;
(2) Maintained in proper operating condition;
(3) Deenergized or shut off when no one is present on the working
section; and
(4) Located and operated to avoid recirculation of air.
(b) If a deficiency exists in any auxiliary fan system, the
deficiency shall be corrected or the auxiliary fan shall be deenergized
immediately.
(c) If the air passing through an auxiliary fan or tubing contains
1.0 percent or more methane, power to electrical equipment in the
working place

[[Page 546]]

and to the auxiliary fan shall be deenergized, and other mechanized
equipment in the working place shall be shut off until the methane
concentration is reduced to less than 1.0 percent.
(d) When an auxiliary fan is stopped--
(1) Line brattice or other face ventilation control devices shall be
used to maintain ventilation to affected faces; and
(2) Electrical equipment in the affected working places shall be
disconnected at the power source, and other mechanized equipment shall
be shut off until ventilation to the working place is restored.

Sec. 75.332 Working sections and working places.

(a)(1) Each working section and each area where mechanized mining
equipment is being installed or removed, shall be ventilated by a
separate split of intake air directed by overcasts, undercasts or other
permanent ventilation controls.
(2) When two or more sets of mining equipment are simultaneously
engaged in cutting, mining, or loading coal or rock from working places
within the same working section, each set of mining equipment shall be
on a separate split of intake air.
(3) For purposes of this section, a set of mining equipment includes
a single loading machine, a single continuous mining machine, or a
single longwall or shortwall mining machine.
(b)(1) Air that has passed through any area that is not examined
under Sec. Sec. 75.360, 75.361 or 75.364 of this subpart, or through an
area where second mining has been done shall not be used to ventilate
any working place. Second mining is intentional retreat mining where
pillars have been wholly or partially removed, regardless of the amount
of recovery obtained.
(2) Air that has passed by any opening of any unsealed area that is
not examined under Sec. Sec. 75.360, 75.361 or 75.364 of this subpart,
shall not be used to ventilate any working place.

Sec. 75.333 Ventilation controls.

(a) For purposes of this section, ``doors'' include any door frames.
(b) Permanent stoppings or other permanent ventilation control
devices constructed after November 15, 1992, shall be built and
maintained--
(1) Between intake and return air courses, except temporary controls
may be used in rooms that are 600 feet or less from the centerline of
the entry from which the room was developed including where continuous
face haulage systems are used in such rooms. Unless otherwise approved
in the ventilation plan, these stoppings or controls shall be maintained
to and including the third connecting crosscut outby the working face;
(2) To separate belt conveyor haulageways from return air courses,
except where belt entries in areas of mines developed before March 30,
1970, are used as return air courses;
(3) To separate belt conveyor haulageways from intake air courses
when the air in the intake air courses is used to provide air to active
working places. Temporary ventilation controls may be used in rooms that
are 600 feet or less from the centerline of the entry from which the
rooms were developed including where continuous face haulage systems are
used in such rooms. When continuous face haulage systems are used,
permanent stoppings or other permanent ventilation control devices shall
be built and maintained to the outby most point of travel of the dolly
or 600 feet from the point of deepest penetration in the conveyor belt
entry, whichever distance is closer to the point of deepest penetration,
to separate the continuous haulage entry from the intake entries;
(4) To separate the primary escapeway from belt and trolley haulage
entries, as required by Sec. 75.380(g). For the purposes of Sec.
75.380(g), the loading point for a continuous haulage system shall be
the outby most point of travel of the dolly or 600 feet from the point
of deepest penetration, whichever distance is less; and
(5) In return air courses to direct air into adjacent worked-out
areas.
(c) Personnel doors shall be constructed of noncombustible material
and shall be of sufficient strength to serve their intended purpose of
maintaining separation and permitting travel between air courses, and
shall be

[[Page 547]]

installed as follows in permanent stoppings constructed after November
15, 1992:
(1) The distance between personnel doors shall be no more than 300
feet in seam heights below 48 inches and 600 feet in seam heights 48
inches or higher.
(2) The location of all personnel doors in stoppings along
escapeways shall be clearly marked so that the doors may be easily
identified by anyone traveling in the escapeway and in the entries on
either side of the doors.
(3) When not in use, personnel doors shall be closed.
(4) An airlock shall be established where the air pressure
differential between air courses creates a static force exceeding 125
pounds on closed personnel doors along escapeways.
(d) Doors, other than personnel doors, constructed after November
15, 1992, that are used in lieu of permanent stoppings or to control
ventilation within an air course shall be:
(1) Made of noncombustible material or coated on all accessible
surfaces with flame-retardant materials having a flame-spread index of
25 or less, as tested under ASTM E162-87, ``Standard Test Method for
Surface Flammability of Materials Using a Radiant Heat Energy Source.''
This publication is incorporated by reference and may be inspected at
any 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; and at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. In addition, copies of the document can be purchased
from the American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; 610-832-
9500; http://www.astm.org. This incorporation by reference was approved
by the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
(2) Of sufficient strength to serve their intended purpose of
maintaining separation and permitting travel between or within air
courses or entries.
(3) Installed in pairs to form an airlock. When an airlock is used,
one side of the airlock shall remain closed. When not in use, both sides
shall be closed.
(e)(1)(i) Except as provided in paragraphs (e)(2), (3), and (4) of
this section, all overcasts, undercasts, shaft partitions, permanent
stoppings, and regulators, installed after June 10, 1996, shall be
constructed in a traditionally accepted method and of materials that
have been demonstrated to perform adequately or in a method and of
materials that have been tested and shown to have a minimum strength
equal to or greater than the traditionally accepted in-mine controls.
Tests may be performed under ASTM E72-80, ``Standard Methods of
Conducting Strength Tests of Panels for Building Construction'' (Section
12-Transverse Load-Specimen Vertical, load, only), or the operator may
conduct comparative in-mine tests. In-mine tests shall be designed to
demonstrate the comparative strength of the proposed construction and a
traditionally accepted in-mine control. The publication ASTM E72-80,
``Standard Methods of Conducting Strength Tests of Panels for Building
Construction,'' is incorporated by reference and may be inspected at any
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; and at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html. In
addition, copies of the document can be purchased from the American
Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, P.O.
Box C700, West Conshohocken, PA 19428-2959; 610-832-9500; http://
www.astm.org. This incorporation by reference was approved by the
Director of the Federal Register in

[[Page 548]]

accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
(ii) All overcasts, undercasts, shaft partitions, permanent
stoppings, and regulators, installed after November 15, 1992, shall be
constructed of noncombustible material. Materials that are suitable for
the construction of overcasts, undercasts, shaft partitions, permanent
stoppings, and regulators include concrete, concrete block, brick,
cinder block, tile, or steel. No ventilation controls installed after
November 15, 1992, shall be constructed of aluminum.
(2) In anthracite mines, permanent stoppings may be constructed of
overlapping layers of hardwood mine boards, if the stoppings are a
minimum 2 inches thick.
(3) When timbers are used to create permanent stoppings in heaving
or caving areas, the stoppings shall be coated on all accessible
surfaces with a flame-retardant material having a flame-spread index of
25 or less, as tested under ASTM E162-87, ``Standard Test Method for
Surface Flammability of Materials Using a Radiant Heat Energy Source.''
This publication is incorporated by reference and may be inspected at
any 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; and at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. In addition, copies of the document can be purchased
from the American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; 610-832-
9500; http://www.astm.org. This incorporation by reference was approved
by the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
(4) In anthracite mines, doors and regulators may be constructed of
overlapping layers of hardwood boards, if the doors, door frames, and
regulators are a minimum 2 inches thick.
(f) When sealants are applied to ventilation controls, the sealant
shall have a flame-spread index of 25 or less under ASTM E162-87,
``Standard Test Method for Surface Flammability of Materials Using a
Radiant Heat Energy Source.'' This publication is incorporated by
reference and may be inspected at any 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; and at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html. In addition, copies of
the document can be purchased from the American Society for Testing and
Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959; 610-832-9500; http://www.astm.org. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
(g) Before mining is discontinued in an entry or room that is
advanced more than 20 feet from the inby rib, a crosscut shall be made
or line brattice shall be installed and maintained to provide adequate
ventilation. When conditions such as methane liberation warrant a
distance less than 20 feet, the approved ventilation plan shall specify
the location of such rooms or entries and the maximum distance they will
be developed before a crosscut is made or line brattice is installed.
(h) All ventilation controls, including seals, shall be maintained
to serve the purpose for which they were built.

[61 FR 9829, Mar. 11, 1996; 61 FR 20877, May 8, 1996; 61 FR 26442, May
28, 1996; 61 FR 29288, 29289, June 10, 1996, as amended at 67 FR 38386,
June 4, 2002; 71 FR 16668, Apr. 3, 2006; 73 FR 80612, Dec. 31, 2008; 80
FR 52991, Sept. 2, 2015]

Sec. 75.334 Worked-out areas and areas where pillars are being recovered.

(a) Worked-out areas where no pillars have been recovered shall be--

[[Page 549]]

(1) Ventilated so that methane-air mixtures and other gases, dusts,
and fumes from throughout the worked-out areas are continuously diluted
and routed into a return air course or to the surface of the mine; or
(2) Sealed.
(b)(1) During pillar recovery a bleeder system shall be used to
control the air passing through the area and to continuously dilute and
move methane-air mixtures and other gases, dusts, and fumes from the
worked-out area away from active workings and into a return air course
or to the surface of the mine.
(2) After pillar recovery a bleeder system shall be maintained to
provide ventilation to the worked-out area, or the area shall be sealed.
(c) The approved ventilation plan shall specify the following:
(1) The design and use of bleeder systems;
(2) The means to determine the effectiveness of bleeder systems;
(3) The means for adequately maintaining bleeder entries free of
obstructions such as roof falls and standing water; and
(4) The location of ventilating devices such as regulators,
stoppings and bleeder connectors used to control air movement through
the worked-out area.
(d) If the bleeder system used does not continuously dilute and move
methane-air mixtures and other gases, dusts, and fumes away from worked-
out areas into a return air course or to the surface of the mine, or it
cannot be determined by examinations or evaluations under Sec. 75.364
that the bleeder system is working effectively, the worked-out area
shall be sealed.
(e) Each mining system shall be designed so that each worked-out
area can be sealed. The approved ventilation plan shall specify the
location and the sequence of construction of proposed seals.
(f) In place of the requirements of paragraphs (a) and (b) of this
section, for mines with a demonstrated history of spontaneous
combustion, or that are located in a coal seam determined to be
susceptible to spontaneous combustion, the approved ventilation plan
shall specify the following:
(1) Measures to detect methane, carbon monoxide, and oxygen
concentrations during and after pillar recovery, and in worked-out areas
where no pillars have been recovered, to determine if the areas must be
ventilated or sealed.
(2) Actions that will be taken to protect miners from the hazards of
spontaneous combustion.
(3) If a bleeder system will not be used, the methods that will be
used to control spontaneous combustion, accumulations of methane-air
mixtures, and other gases, dusts, and fumes in the worked-out area.

Sec. 75.335 Seal strengths, design applications, and installation.

(a) Seal strengths. Seals constructed on or after October 20, 2008
shall be designed, constructed, and maintained to withstand--
(1)(i) At least 50-psi overpressure when the atmosphere in the
sealed area is monitored and maintained inert and designed using a
pressure-time curve with an instantaneous overpressure of at least 50
psi. A minimum overpressure of at least 50 psi shall be maintained for
at least four seconds then released instantaneously.
(ii) Seals constructed to separate the active longwall panel from
the longwall panel previously mined shall be designed using a pressure-
time curve with a rate of pressure rise of at least 50 psi in 0.1
second. A minimum overpressure of at least 50 psi shall be maintained;
or
(2)(i) Overpressures of at least 120 psi if the atmosphere in the
sealed area is not monitored, is not maintained inert, the conditions in
paragraphs (a)(3)(i) through (iii) of this section are not present, and
the seal is designed using a pressure-time curve with an instantaneous
overpressure of at least 120 psi. A minimum overpressure of 120 psi
shall be maintained for at least four seconds then released
instantaneously.
(ii) Seals constructed to separate the active longwall panel from
the longwall panel previously mined shall be designed using a pressure-
time curve with a rate of pressure rise of 120 psi in 0.25 second. A
minimum overpressure of 120 psi shall be maintained; or

[[Page 550]]

(3) Overpressures greater than 120 psi if the atmosphere in the
sealed area is not monitored and is not maintained inert, and
(i) The atmosphere in the sealed area is likely to contain
homogeneous mixtures of methane between 4.5 percent and 17.0 percent and
oxygen exceeding 17.0 percent throughout the entire area;
(ii) Pressure piling could result in overpressures greater than 120
psi in the area to be sealed; or
(iii) Other conditions are encountered, such as the likelihood of a
detonation in the area to be sealed.
(iv) Where the conditions in paragraphs (a)(3)(i), (ii), or (iii) of
this section are encountered, the mine operator shall revise the
ventilation plan to address the potential hazards. The plan shall
include seal strengths sufficient to address such conditions.
(b) Seal design applications. Seal design applications from seal
manufacturers or mine operators shall be in accordance with paragraph
(b)(1) or (2) of this section and submitted for approval to MSHA's
Office of Technical Support, Pittsburgh Safety and Health Technology
Center, 626 Cochrans Mill Road, Building 151, Pittsburgh, PA 15236-3611.
(1) An engineering design application shall--
(i) Address gas sampling pipes, water drainage systems, methods to
reduce air leakage, pressure-time curve, fire resistance
characteristics, flame spread index, entry size, engineering design and
analysis, elasticity of design, material properties, construction
specifications, quality control, design references, and other
information related to seal construction;
(ii) Be certified by a professional engineer that the design of the
seal is in accordance with current, prudent engineering practices and is
applicable to conditions in an underground coal mine; and
(iii) Include a summary of the installation procedures related to
seal construction; or
(2) Each application based on full-scale explosion tests or
equivalent means of physical testing shall address the following
requirements to ensure that a seal can reliably meet the seal strength
requirements:
(i) Certification by a professional engineer that the testing was
done in accordance with current, prudent engineering practices for
construction in a coal mine;
(ii) Technical information related to the methods and materials;
(iii) Supporting documentation;
(iv) An engineering analysis to address differences between the seal
support during test conditions and the range of conditions in a coal
mine; and
(v) A summary of the installation procedures related to seal
construction.
(3) MSHA will notify the applicant if additional information or
testing is required. The applicant shall provide this information,
arrange any additional or repeat tests, and provide prior notification
to MSHA of the location, date, and time of such test(s).
(4) MSHA will notify the applicant, in writing, whether the design
is approved or denied. If the design is denied, MSHA will specify, in
writing, the deficiencies of the application, or necessary revisions.
(5) Once the seal design is approved, the approval holder shall
promptly notify MSHA, in writing, of all deficiencies of which they
become aware.
(c) Seal installation approval. The installation of the approved
seal design shall be subject to approval in the ventilation plan. The
mine operator shall--
(1) Retain the seal design approval and installation information for
as long as the seal is needed to serve the purpose for which it was
built.
(2) Designate a professional engineer to conduct or have oversight
of seal installation and certify that the provisions in the approved
seal design specified in this section have been addressed and are
applicable to conditions at the mine. A copy of the certification shall
be submitted to the District Manager with the information provided in
paragraph (c)(3) of this section and a copy of the certification shall
be retained for as long as the seal is needed to serve the purpose for
which it was built.
(3) Provide the following information for approval in the
ventilation plan--
(i) The MSHA Technical Support Approval Number;

[[Page 551]]

(ii) A summary of the installation procedures;
(iii) The mine map of the area to be sealed and proposed seal
locations that include the deepest points of penetration prior to
sealing. The mine map shall be certified by a professional engineer or a
professional land surveyor.
(iv) Specific mine site information, including--
(A) Type of seal;
(B) Safety precautions taken prior to seal achieving design
strength;
(C) Methods to address site-specific conditions that may affect the
strength and applicability of the seal including set-back distances;
(D) Site preparation;
(E) Sequence of seal installations;
(F) Projected date of completion of each set of seals;
(G) Supplemental roof support inby and outby each seal;
(H) Water flow estimation and dimensions of the water drainage
system through the seals;
(I) Methods to ventilate the outby face of seals once completed;
(J) Methods and materials used to maintain each type of seal;
(K) Methods to address shafts and boreholes in the sealed area;
(L) Assessment of potential for overpressures greater than 120 psi
in sealed area;
(M) Additional sampling locations; and
(N) Additional information required by the District Manager.

[73 FR 21206, Apr. 18, 2008, as amended at 80 FR 52982, Sept. 2, 2015]

Sec. 75.336 Sampling and monitoring requirements.

(a) A certified person as defined in Sec. 75.100 shall monitor
atmospheres of sealed areas. Sealed areas shall be monitored, whether
ingassing or outgassing, for methane and oxygen concentrations and the
direction of leakage.
(1) Each sampling pipe and approved sampling location shall be
sampled at least every 24 hours.
(i) Atmospheres with seals of 120 psi or greater shall be sampled
until the design strength is reached for every seal used to seal the
area.
(ii) Atmospheres with seals less than 120 psi constructed before
October 20, 2008 shall be monitored for methane and oxygen
concentrations and maintained inert. The operator may request that the
District Manager approve different sampling locations and frequencies in
the ventilation plan, provided at least one sample is taken at each set
of seals at least every 7 days.
(iii) Atmospheres with seals less than 120 psi constructed after
October 20, 2008 shall be monitored for methane and oxygen
concentrations and maintained inert. The operator may request that the
District Manager approve different sampling locations and frequencies in
the ventilation plan after a minimum of 14 days and after the seal
design strength is reached, provided at least one sample is taken at
each set of seals at least every 7 days.
(2) The mine operator shall evaluate the atmosphere in the sealed
area to determine whether sampling through the sampling pipes in seals
and approved locations provides appropriate sampling locations of the
sealed area. The mine operator shall make the evaluation immediately
after the minimum 14-day required sampling, if the mine ventilation
system is reconfigured, if changes occur that adversely affect the
sealed area, or if the District Manager requests an evaluation. When the
results of the evaluations indicate the need for additional sampling
locations, the mine operator shall provide the additional locations and
have them approved in the ventilation plan. The District Manager may
require additional sampling locations and frequencies in the ventilation
plan.
(3) Mine operators with an approved ventilation plan addressing
spontaneous combustion pursuant to Sec. 75.334(f) shall sample the
sealed atmosphere in accordance with the ventilation plan.
(4) The District Manager may approve in the ventilation plan the use
of a continuous monitoring system in lieu of monitoring provisions in
this section.
(b)(1) Except as provided in Sec. 75.336(d), the atmosphere in the
sealed area is considered inert when the oxygen concentration is less
than 10.0 percent or the methane concentration is less than 3.0 percent
or greater than 20.0 percent.

[[Page 552]]

(2) Immediate action shall be taken by the mine operator to restore
an inert sealed atmosphere behind seals with strengths less than 120
psi. Until the atmosphere in the sealed area is restored to an inert
condition, the sealed atmosphere shall be monitored at each sampling
pipe and approved location at least once every 24 hours.
(c) Except as provided in Sec. 75.336(d), when a sample is taken
from the sealed atmosphere with seals of less than 120 psi and the
sample indicates that the oxygen concentration is 10 percent or greater
and methane is between 4.5 percent and 17 percent, the mine operator
shall immediately take an additional sample and then immediately notify
the District Manager. When the additional sample indicates that the
oxygen concentration is 10 percent or greater and methane is between 4.5
percent and 17 percent, persons shall be withdrawn from the affected
area which is the entire mine or other affected area identified by the
operator and approved by the District Manager in the ventilation plan,
except those persons referred to in Sec. 104(c) of the Act. The
operator may identify areas in the ventilation plan to be approved by
the District Manager where persons may be exempted from withdrawal. The
operator's request shall address the location of seals in relation to:
Areas where persons work and travel in the mine; escapeways and
potential for damage to the escapeways; and ventilation systems and
controls in areas where persons work or travel and where ventilation is
used for escapeways. The operator's request shall also address the gas
concentration of other sampling locations in the sealed area and other
required information. Before miners reenter the mine, the mine operator
shall have a ventilation plan revision approved by the District Manager
specifying the actions to be taken.
(d) In sealed areas with a demonstrated history of carbon dioxide or
sealed areas where inert gases have been injected, the operator may
request that the District Manager approve in the ventilation plan an
alternative method to determine if the sealed atmosphere is inert and
when miners have to be withdrawn. The mine operator shall address in the
ventilation plan the specific levels of methane, carbon dioxide,
nitrogen and oxygen; the sampling methods and equipment used; and the
methods to evaluate these concentrations underground at the seal.
(e) Recordkeeping. (1) The certified person shall promptly record
each sampling result including the location of the sampling points,
whether ingassing or outgassing, and oxygen and methane concentrations.
The results of oxygen and methane samples shall be recorded as the
percentage of oxygen and methane measured by the certified person and
any hazardous condition found in accordance with Sec. 75.363.
(2) The mine operator shall retain sampling records at the mine for
at least one year from the date of the sampling.

[73 FR 21207, Apr. 18, 2008; 73 FR 27730, May 14, 2008]

Sec. 75.337 Construction and repair of seals.

(a) The mine operator shall maintain and repair seals to protect
miners from hazards of sealed areas.
(b) Prior to sealing, the mine operator shall--
(1) Remove insulated cables, batteries, and other potential electric
ignition sources from the area to be sealed when constructing seals,
unless it is not safe to do so. If ignition sources cannot safely be
removed, seals must be constructed to at least 120 psi;
(2) Remove metallic objects through or across seals; and
(3) Breach or remove all stoppings in the first crosscut inby the
seals immediately prior to sealing the area.
(c) A certified person designated by the mine operator shall
directly supervise seal construction and repair and--
(1) Examine each seal site immediately prior to construction or
repair to ensure that the site is in accordance with the approved
ventilation plan;
(2) Examine each seal under construction or repair during each shift
to ensure that the seal is being constructed or repaired in accordance
with the approved ventilation plan;
(3) Examine each seal upon completion of construction or repair to
ensure

[[Page 553]]

that construction or repair is in accordance with the approved
ventilation plan;
(4) Certify by initials, date, and time that the examinations were
made; and
(5) Make a record of the examination at the completion of any shift
during which an examination was conducted. The record shall include each
deficiency and the corrective action taken. The record shall be
countersigned by the mine foreman or equivalent mine official by the end
of the mine foreman's or equivalent mine official's next regularly
scheduled working shift. The record shall be kept at the mine for one
year.
(d) Upon completion of construction of each seal a senior mine
management official, such as a mine manager or superintendent, shall
certify that the construction, installation, and materials used were in
accordance with the approved ventilation plan. The mine operator shall
retain the certification for as long as the seal is needed to serve the
purpose for which it was built.
(e) The mine operator shall--
(1) Notify the District Manager between two and fourteen days prior
to commencement of seal construction;
(2) Notify the District Manager, in writing, within five days of
completion of a set of seals and provide a copy of the certification
required in paragraph (d) of this section; and
(3) Submit a copy of quality control results to the District Manager
for seal material properties specified by Sec. 75.335 within 30 days of
completion of quality control tests.
(f) Welding, cutting, and soldering. Welding, cutting, and soldering
with an arc or flame are prohibited within 150 feet of a seal. An
operator may request a different location in the ventilation plan to be
approved by the District Manager. The operator's request must address
methods the mine operator will use to continuously monitor atmospheric
conditions in the sealed area during welding or burning; the airflow
conditions in and around the work area; the rock dust and water
application methods; the availability of fire extinguishers on hand; the
procedures to maintain safe conditions, and other relevant factors.
(g) Sampling pipes. (1) For seals constructed after April 18, 2008,
one non-metallic sampling pipe shall be installed in each seal that
shall extend into the center of the first connecting crosscut inby the
seal. If an open crosscut does not exist, the sampling pipe shall extend
one-half of the distance of the open entry inby the seal.
(2) Each sampling pipe shall be equipped with a shut-off valve and
appropriate fittings for taking gas samples.
(3) The sampling pipes shall be labeled to indicate the location of
the sampling point when more than one sampling pipe is installed through
a seal.
(4) If a new seal is constructed to replace or reinforce an existing
seal with a sampling pipe, the sampling pipe in the existing seal shall
extend through the new seal. An additional sampling pipe shall be
installed through each new seal to sample the area between seals, as
specified in the approved ventilation plan.
(h) Water drainage system. For each set of seals constructed after
April 18, 2008, the seal at the lowest elevation shall have a corrosion-
resistant, non-metallic water drainage system. Seals shall not impound
water or slurry. Water or slurry shall not accumulate within the sealed
area to any depth that can adversely affect a seal.

[73 FR 21207, Apr. 18, 2008]

Sec. 75.338 Training.

(a) Certified persons conducting sampling shall be trained in the
use of appropriate sampling equipment, procedures, location of sampling
points, frequency of sampling, size and condition of the sealed area,
and the use of continuous monitoring systems if applicable before they
conduct sampling, and annually thereafter. The mine operator shall
certify the date of training provided to certified persons and retain
each certification for two years.
(b) Miners constructing or repairing seals, designated certified
persons, and senior mine management officials shall be trained prior to
constructing or repairing a seal and annually thereafter. The training
shall address materials

[[Page 554]]

and procedures in the approved seal design and ventilation plan. The
mine operator shall certify the date of training provided each miner,
certified person, and senior mine management official and retain each
certification for two years.

[73 FR 21208, Apr. 18, 2008]

Sec. 75.339 Seals records.

(a) The table entitled ``Seal Recordkeeping Requirements'' lists
records the operator shall maintain and the retention period for each
record.

Table--Sec. 75.339(a) Seal Recordkeeping Requirements
------------------------------------------------------------------------
Record Section reference Retention time
------------------------------------------------------------------------
(1) Approved seal design...... 75.335(c)(1)..... As long as the seal
is needed to serve
the purpose for
which it is built.
(2) Certification of 75.335(c)(2)..... As long as the seal
Provisions of Approved Seal is needed to serve
Design is Addressed. the purpose for
which it is built.
(3) Gas sampling records...... 75.336(e)(2)..... 1 year.
(4) Record of examinations.... 75.337(c)(5)..... 1 year.
(5) Certification of seal 75.337(d)........ As long as the seal
construction, installation, is needed to serve
and materials. the purpose for
which it is built.
(6) Certification of Training 75.338(a)........ 2 years.
for Persons that Sample.
(7) Certification of Training 75.338(b)........ 2 years.
for Persons that Perform Seal
Construction and Repair.
------------------------------------------------------------------------

(b) Records required by Sec. Sec. 75.335, 75.336, 75.337 and 75.338
shall be retained at a surface location at the mine in a secure book
that is not susceptible to alteration. The records may be retained
electronically in a computer system that is secure and not susceptible
to alteration, if the mine operator can immediately access the record
from the mine site.
(c) Upon request from an authorized representative of the Secretary
of Labor, the Secretary of Health and Human Services, or from the
authorized representative of miners, mine operators shall promptly
provide access to any record listed in the table in this section.
(d) Whenever an operator ceases to do business or transfers control
of the mine to another entity, that operator shall transfer all records
required to be maintained by this part, or a copy thereof, to any
successor operator who shall maintain them for the required period.

[73 FR 21208, Apr. 18, 2008]

Sec. 75.340 Underground electrical installations.

(a) Underground transformer stations, battery charging stations,
substations, rectifiers, and water pumps shall be housed in
noncombustible structures or areas or be equipped with a fire
suppression system meeting the requirements of Sec. 75.1107-3 through
Sec. 75.1107-16.
(1) When a noncombustible structure or area is used, these
installations shall be--
(i) Ventilated with intake air that is coursed into a return air
course or to the surface and that is not used to ventilate working
places; or
(ii) Ventilated with intake air that is monitored for carbon
monoxide or smoke by an AMS installed and operated according to Sec.
75.351. Monitoring of intake air ventilating battery charging stations
shall be done with sensors not affected by hydrogen; or
(iii) Ventilated with intake air and equipped with sensors to
monitor for heat and for carbon monoxide or smoke. Monitoring of intake
air ventilating battery charging stations shall be done with sensors not
affected by hydrogen. The sensors shall deenergize power to the
installation, activate a visual and audible alarm located outside of and
on the intake side of the enclosure, and activate doors that will
automatically close when either of the following occurs:
(A) The temperature in the noncombustible structure reaches 165
[deg]F; or

[[Page 555]]

(B) The carbon monoxide concentration reaches 10 parts per million
above the ambient level for the area, or the optical density of smoke
reaches 0.022 per meter. At least every 31 days, sensors installed to
monitor for carbon monoxide shall be calibrated with a known
concentration of carbon monoxide and air sufficient to activate the
closing door, or each smoke sensor shall be tested to determine that it
functions correctly.
(2) When a fire suppression system is used, these installations
shall be--
(i) Ventilated with intake air that is coursed into a return air
course or to the surface and that is not used to ventilate working
places; or
(ii) Ventilated with intake air that is monitored for carbon
monoxide or smoke by an AMS installed and operated according to Sec.
75.351. Monitoring of intake air ventilating battery charging stations
shall be done with sensors not affected by hydrogen.
(b) This section does not apply to--
(1) Rectifiers and power centers with transformers that are either
dry-type or contain nonflammable liquid, if they are located at or near
the section and are moved as the working section advances or retreats;
(2) Submersible pumps;
(3) Permissible pumps and associated permissible switchgear;
(4) Pumps located on or near the section and that are moved as the
working section advances or retreats;
(5) Pumps installed in anthracite mines; and
(6) Small portable pumps.

Sec. 75.341 Direct-fired intake air heaters.

(a) If any system used to heat intake air malfunctions, the heaters
affected shall switch off automatically.
(b) Thermal overload devices shall protect the blower motor from
overheating.
(c) The fuel supply shall turn off automatically if a flame-out
occurs.
(d) Each heater shall be located or guarded to prevent contact by
persons and shall be equipped with a screen at the inlet to prevent
combustible materials from passing over the burner units.
(e) If intake air heaters use liquefied fuel systems--
(1) Hydrostatic relief valves installed on vaporizers and on storage
tanks shall be vented; and
(2) Fuel storage tanks shall be located or protected to prevent fuel
from leaking into the mine.
(f) Following any period of 8 hours or more during which a heater
does not operate, the heater and its associated components shall be
examined within its first hour of operation. Additionally, each heater
and its components shall be examined at least once each shift that the
heater operates. The examination shall include measurement of the carbon
monoxide concentration at the bottom of each shaft, slope, or in the
drift opening where air is being heated. The measurements shall be taken
by a person designated by the operator or by a carbon monoxide sensor
that is calibrated with a known concentration of carbon monoxide and air
at least once every 31 days. When the carbon monoxide concentration at
this location reaches 50 parts per million, the heater causing the
elevated carbon monoxide level shall be shut down.

Sec. 75.342 Methane monitors.

(a)(1) MSHA approved methane monitors shall be installed on all face
cutting machines, continuous miners, longwall face equipment, loading
machines, and other mechanized equipment used to extract or load coal
within the working place.
(2) The sensing device for methane monitors on longwall shearing
machines shall be installed at the return air end of the longwall face.
An additional sensing device also shall be installed on the longwall
shearing machine, downwind and as close to the cutting head as
practicable. An alternative location or locations for the sensing device
required on the longwall shearing machine may be approved in the
ventilation plan.
(3) The sensing devices of methane monitors shall be installed as
close to the working face as practicable.
(4) Methane monitors shall be maintained in permissible and proper
operating condition and shall be calibrated with a known air-methane
mixture at least once every 31 days. To assure that

[[Page 556]]

methane monitors are properly maintained and calibrated, the operator
shall:
(i) Use persons properly trained in the maintenance, calibration,
and permissibility of methane monitors to calibrate and maintain the
devices.
(ii) Maintain a record of all calibration tests of methane monitors.
Records shall be maintained in a secure book that is not susceptible to
alteration or electronically in a computer system so as to be secure and
not susceptible to alteration.
(iii) Retain the record of calibration tests for 1 year from the
date of the test. Records shall be retained at a surface location at the
mine and made available for inspection by authorized representatives of
the Secretary and the representative of miners.
(b)(1) When the methane concentration at any methane monitor reaches
1.0 percent the monitor shall give a warning signal.
(2) The warning signal device of the methane monitor shall be
visible to a person who can deenergize electric equipment or shut down
diesel-powered equipment on which the monitor is mounted.
(c) The methane monitor shall automatically deenergize electric
equipment or shut down diesel-powered equipment on which it is mounted
when--
(1) The methane concentration at any methane monitor reaches 2.0
percent; or
(2) The monitor is not operating properly.

[61 FR 9829, Mar. 11, 1996, as amended at 61 FR 55527, Oct. 25, 1996]

Sec. 75.343 Underground shops.

(a) Underground shops shall be equipped with an automatic fire
suppression system meeting the requirements of Sec. 75.1107-3 through
Sec. 75.1107-16, or be enclosed in a noncombustible structure or area.
(b) Underground shops shall be ventilated with intake air that is
coursed directly into a return air course.

Sec. 75.344 Compressors.

(a) Except compressors that are components of equipment such as
locomotives and rock dusting machines and compressors of less than 5
horsepower, electrical compressors including those that may start
automatically shall be:
(1) Continuously attended by a person designated by the operator who
can see the compressor at all times during its operation. Any designated
person attending the compressor shall be capable of activating the fire
suppression system and deenergizing or shutting-off the compressor in
the event of a fire; or,
(2) Enclosed in a noncombustible structure or area which is
ventilated by intake air coursed directly into a return air course or to
the surface and equipped with sensors to monitor for heat and for carbon
monoxide or smoke. The sensors shall deenergize power to the compressor,
activate a visual and audible alarm located outside of and on the intake
side of the enclosure, and activate doors to automatically enclose the
noncombustible structure or area when either of the following occurs:
(i) The temperature in the noncombustible structure or area reaches
165 [deg]F.
(ii) The carbon monoxide concentration reaches 10 parts per million
above the ambient level for the area, or the optical density of smoke
reaches 0.022 per meter. At least once every 31 days, sensors installed
to monitor for carbon monoxide shall be calibrated with a known
concentration of carbon monoxide and air sufficient to activate the
closing door, and each smoke sensor shall be tested to determine that it
functions correctly.
(b) Compressors, except those exempted in paragraph (a), shall be
equipped with a heat activated fire suppression system meeting the
requirements of 75.1107-3 through 75.1107-16.
(c) Two portable fire extinguishers or one extinguisher having at
least twice the minimum capacity specified for a portable fire
extinguisher in Sec. 75.1100-1(e) shall be provided for each
compressor.
(d) Notwithstanding the requirements of Sec. 75.1107-4, upon
activation of any fire suppression system used under

[[Page 557]]

paragraph (b) of this section, the compressor shall be automatically
deenergized or automatically shut off.

[61 FR 9829, Mar. 11, 1996, as amended at 61 FR 55527, Oct. 25, 1996]

Sec. 75.350 Belt air course ventilation.

The following is required until April 14, 2025:
(a) The belt air course must not be used as a return air course; and
except as provided in paragraph (b) of this section, the belt air course
must not be used to provide air to working sections or to areas where
mechanized mining equipment is being installed or removed.
(1) The belt air course must be separated with permanent ventilation
controls from return air courses and from other intake air courses
except as provided in paragraph (c) of this section.
(2) Effective December 31, 2009, the air velocity in the belt entry
must be at least 50 feet per minute. When requested by the mine
operator, the district manager may approve lower velocities in the
ventilation plan based on specific mine conditions. Air velocities must
be compatible with all fire detection systems and fire suppression
systems used in the belt entry.
(b) The use of air from a belt air course to ventilate a working
section, or an area where mechanized mining equipment is being installed
or removed, shall be permitted only when evaluated and approved by the
district manager in the mine ventilation plan. The mine operator must
provide justification in the plan that the use of air from a belt entry
would afford at least the same measure of protection as where belt
haulage entries are not used to ventilate working places. In addition,
the following requirements must be met:
(1) The belt entry must be equipped with an AMS that is installed,
operated, examined, and maintained as specified in Sec. 75.351.
(2) All miners must be trained annually in the basic operating
principles of the AMS, including the actions required in the event of
activation of any AMS alert or alarm signal. This training must be
conducted prior to working underground in a mine that uses belt air to
ventilate working sections or areas where mechanized mining equipment is
installed or removed. It must be conducted as part of a miner's 30 CFR
part 48 new miner training (Sec. 48.5), experienced miner training
(Sec. 48.6), or annual refresher training (Sec. 48.8).
(3)(i) The average concentration of respirable dust in the belt air
course, when used as a section intake air course, shall be maintained at
or below:
(A) 1.0 mg/m\3\.
(B) 0.5 mg/m\3\ as of August 1, 2016.
(ii) Where miners on the working section are on a reduced standard
below that specified in Sec. 75.350(b)(3)(i), the average concentration
of respirable dust in the belt entry must be at or below the lowest
applicable standard on that section.
(iii) A permanent designated area (DA) for dust measurements must be
established at a point no greater than 50 feet upwind from the section
loading point in the belt entry when the belt air flows over the loading
point or no greater than 50 feet upwind from the point where belt air is
mixed with air from another intake air course near the loading point.
The DA must be specified and approved in the ventilation plan.
(4) The primary escapeway must be monitored for carbon monoxide or
smoke as specified in Sec. 75.351(f).
(5) The area of the mine with a belt air course must be developed
with three or more entries.
(6) In areas of the mine developed after the effective date of this
rule, unless approved by the district manager, no more than 50% of the
total intake air, delivered to the working section or to areas where
mechanized mining equipment is being installed or removed, can be
supplied from the belt air course. The locations for measuring these air
quantities must be approved in the mine ventilation plan.
(7) The air velocity in the belt entry must be at least 100 feet per
minute. When requested by the mine operator, the district manager may
approve lower velocities in the ventilation plan based on specific mine
conditions.
(8) The air velocity in the belt entry must not exceed 1,000 feet
per minute. When requested by the mine operator, the district manager
may approve

[[Page 558]]

higher velocities in the ventilation plan based on specific mine
conditions.
(c) Notwithstanding the provisions of Sec. 75.380(g), additional
intake air may be added to the belt air course through a point-feed
regulator. The location and use of point feeds must be approved in the
mine ventilation plan.
(d) If the air through the point-feed regulator enters a belt air
course which is used to ventilate a working section or an area where
mechanized mining equipment is being installed or removed, the following
conditions must be met:
(1) The air current that will pass through the point-feed regulator
must be monitored for carbon monoxide or smoke at a point within 50 feet
upwind of the point-feed regulator. A second point must be monitored
1,000 feet upwind of the point-feed regulator unless the mine operator
requests that a lesser distance be approved by the district manager in
the mine ventilation plan based on mine specific conditions;
(2) The air in the belt air course must be monitored for carbon
monoxide or smoke upwind of the point-feed regulator. This sensor must
be in the belt air course within 50 feet of the mixing point where air
flowing through the point-feed regulator mixes with the belt air;
(3) The point-feed regulator must be provided with a means to close
the regulator from the intake air course without requiring a person to
enter the crosscut where the point-feed regulator is located. The point-
feed regulator must also be provided with a means to close the regulator
from a location in the belt air course immediately upwind of the
crosscut containing the point-feed regulator;
(4) A minimum air velocity of 300 feet per minute must be maintained
through the point-feed regulator;
(5) The location(s) and use of a point-feed regulator(s) must be
approved in the mine ventilation plan and shown on the mine ventilation
map; and
(6) An AMS must be installed, operated, examined, and maintained as
specified in Sec. 75.351.

[69 FR 17526, Apr. 2, 2004, as amended at 70 FR 37266, June 29, 2005; 71
FR 12269, Mar. 9, 2006; 73 FR 80612, Dec. 31, 2008; 79 FR 24987, May 1,
2014; 89 FR 28479, Apr. 18, 2024]

Effective Date Note: At 89 FR 28480, Apr. 18, 2024, Sec. 75.350 was
removed, effective Apr. 14, 2025.

Sec. 75.350T Belt air course ventilation.

As of April 14, 2025:
(a) The belt air course must not be used as a return air course; and
except as provided in paragraph (b) of this section, the belt air course
must not be used to provide air to working sections or to areas where
mechanized mining equipment is being installed or removed.
(1) The belt air course must be separated with permanent ventilation
controls from return air courses and from other intake air courses
except as provided in paragraph (c) of this section.
(2) Effective December 31, 2009, the air velocity in the belt entry
must be at least 50 feet per minute. When requested by the mine
operator, the district manager may approve lower velocities in the
ventilation plan based on specific mine conditions. Air velocities must
be compatible with all fire detection systems and fire suppression
systems used in the belt entry.
(b) The use of air from a belt air course to ventilate a working
section, or an area where mechanized mining equipment is being installed
or removed, shall be permitted only when evaluated and approved by the
district manager in the mine ventilation plan. The mine operator must
provide justification in the plan that the use of air from a belt entry
would afford at least the same measure of protection as where belt
haulage entries are not used to ventilate working places. In addition,
the following requirements must be met:
(1) The belt entry must be equipped with an AMS that is installed,
operated, examined, and maintained as specified in Sec. 75.351.
(2) All miners must be trained annually in the basic operating
principles of the AMS, including the actions required in the event of
activation of any AMS alert or alarm signal. This training must be
conducted prior to working underground in a mine that uses belt air to
ventilate working sections or areas where mechanized mining equipment is
installed or removed. It must be conducted as part of a miner's 30

[[Page 559]]

CFR part 48 new miner training (Sec. 48.5), experienced miner training
(Sec. 48.6), or annual refresher training (Sec. 48.8).
(3)(i) The average concentration of respirable dust in the belt air
course, when used as a section intake air course, shall be maintained at
or below 0.5 milligrams per cubic meter of air (mg/m\3\).
(ii) A permanent designated area (DA) for dust measurements must be
established at a point no greater than 50 feet upwind from the section
loading point in the belt entry when the belt air flows over the loading
point or no greater than 50 feet upwind from the point where belt air is
mixed with air from another intake air course near the loading point.
The DA must be specified and approved in the ventilation plan.
(4) The primary escapeway must be monitored for carbon monoxide or
smoke as specified in Sec. 75.351(f).
(5) The area of the mine with a belt air course must be developed
with three or more entries.
(6) In areas of the mine developed after the effective date of this
rule, unless approved by the district manager, no more than 50% of the
total intake air, delivered to the working section or to areas where
mechanized mining equipment is being installed or removed, can be
supplied from the belt air course. The locations for measuring these air
quantities must be approved in the mine ventilation plan.
(7) The air velocity in the belt entry must be at least 100 feet per
minute. When requested by the mine operator, the district manager may
approve lower velocities in the ventilation plan based on specific mine
conditions.
(8) The air velocity in the belt entry must not exceed 1,000 feet
per minute. When requested by the mine operator, the district manager
may approve higher velocities in the ventilation plan based on specific
mine conditions.
(c) Notwithstanding the provisions of Sec. 75.380(g), additional
intake air may be added to the belt air course through a point-feed
regulator. The location and use of point feeds must be approved in the
mine ventilation plan.
(d) If the air through the point-feed regulator enters a belt air
course which is used to ventilate a working section or an area where
mechanized mining equipment is being installed or removed, the following
conditions must be met:
(1) The air current that will pass through the point-feed regulator
must be monitored for carbon monoxide or smoke at a point within 50 feet
upwind of the point-feed regulator. A second point must be monitored
1,000 feet upwind of the point-feed regulator unless the mine operator
requests that a lesser distance be approved by the district manager in
the mine ventilation plan based on mine specific conditions;
(2) The air in the belt air course must be monitored for carbon
monoxide or smoke upwind of the point-feed regulator. This sensor must
be in the belt air course within 50 feet of the mixing point where air
flowing through the point-feed regulator mixes with the belt air;
(3) The point-feed regulator must be provided with a means to close
the regulator from the intake air course without requiring a person to
enter the crosscut where the point-feed regulator is located. The point-
feed regulator must also be provided with a means to close the regulator
from a location in the belt air course immediately upwind of the
crosscut containing the point-feed regulator;
(4) A minimum air velocity of 300 feet per minute must be maintained
through the point-feed regulator;
(5) The location(s) and use of a point-feed regulator(s) must be
approved in the mine ventilation plan and shown on the mine ventilation
map; and
(6) An AMS must be installed, operated, examined, and maintained as
specified in Sec. 75.351.

[89 FR 28479, Apr. 18, 2024]

Effective Date Note: At 89 FR 28480, Apr. 18, 2024, Sec. 75.350T
was redesignated as Sec. 75.350, effective Apr. 14, 2025.

Sec. 75.351 Atmospheric monitoring systems.

(a) AMS operation. Whenever personnel are underground and an AMS is
used to fulfill the requirements of Sec. Sec. 75.323(d)(1)(ii),
75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), 75.350(d), or 75.362(f),
the AMS must be operating and a designated AMS operator must be on duty
at a location on the surface

[[Page 560]]

of the mine where audible and visual signals from the AMS must be seen
or heard and the AMS operator can promptly respond to these signals.
(b) Designated surface location and AMS operator. When an AMS is
used to comply with Sec. Sec. 75.323(d)(1)(ii), 75.340(a)(1)(ii),
75.340(a)(2)(ii), 75.350(b), 75.350(d), or 75.362(f), the following
requirements apply:
(1) The mine operator must designate a surface location at the mine
where signals from the AMS will be received and two-way voice
communication is maintained with each working section, with areas where
mechanized mining equipment is being installed or removed, and with
other areas designated in the approved emergency evacuation and
firefighting program of instruction (Sec. 75.1502).
(2) The mine operator must designate an AMS operator to monitor and
promptly respond to all AMS signals. The AMS operator must have as a
primary duty the responsibility to monitor the malfunction, alert and
alarm signals of the AMS, and to notify appropriate personnel of these
signals. In the event of an emergency, the sole responsibility of the
AMS operator shall be to respond to the emergency.
(3) A map or schematic must be provided at the designated surface
location that shows the locations and type of AMS sensor at each
location, and the intended air flow direction at these locations. This
map or schematic must be updated within 24 hours of any change in this
information.
(4) The names of the designated AMS operators and other appropriate
personnel, including the designated person responsible for initiating an
emergency mine evacuation under Sec. 75.1501, and the method to contact
these persons, must be provided at the designated surface location.
(c) Minimum operating requirements. AMSs used to comply with
Sec. Sec. 75.323(d)(1)(ii), 75.340(a)(1)(ii), 75.340(a)(2)(ii),
75.350(b), 75.350(d), or 75.362(f) must:
(1) Automatically provide visual and audible signals at the
designated surface location for any interruption of circuit continuity
and any electrical malfunction of the system. These signals must be of
sufficient magnitude to be seen or heard by the AMS operator.
(2) Automatically provide visual and audible signals at the
designated surface location when the carbon monoxide concentration or
methane concentration at any sensor reaches the alert level as specified
in Sec. 75.351(i). These signals must be of sufficient magnitude to be
seen or heard by the AMS operator.
(3) Automatically provide visual and audible signals at the
designated surface location distinguishable from alert signals when the
carbon monoxide, smoke, or methane concentration at any sensor reaches
the alarm level as specified in Sec. 75.351(i). These signals must be
of sufficient magnitude to be seen or heard by the AMS operator.
(4) Automatically provide visual and audible signals at all affected
working sections and at all affected areas where mechanized mining
equipment is being installed or removed when the carbon monoxide, smoke,
or methane concentration at any sensor reaches the alarm level as
specified in Sec. 75.351(i). These signals must be of sufficient
magnitude to be seen or heard by miners working at these locations.
Methane signals must be distinguishable from other signals.
(5) Automatically provide visual and audible signals at other
locations as specified in Mine Emergency Evacuation and Firefighting
Program of Instruction (Sec. 75.1502) when the carbon monoxide, smoke,
or methane concentration at any sensor reaches the alarm level as
specified in Sec. 75.351(i). These signals must be seen or heard by
miners working at these locations. Methane alarms must be
distinguishable from other signals.
(6) Identify at the designated surface location the operational
status of all sensors.
(7) Automatically provide visual and audible alarm signals at the
designated surface location, at all affected working sections, and at
all affected areas where mechanized mining equipment is being installed
or removed when the carbon monoxide level at any two consecutive sensors
alert at the same time. These signals must be seen or

[[Page 561]]

heard by the AMS operator and miners working at these locations.
(d) Location and installation of AMS sensors. (1) All AMS sensors,
as specified in Sec. Sec. 75.351(e) through 75.351(h), must be located
such that measurements are representative of the mine atmosphere in
these locations.
(2) Carbon monoxide or smoke sensors must be installed near the
center in the upper third of the entry, in a location that does not
expose personnel working on the system to unsafe conditions. Sensors
must not be located in abnormally high areas or in other locations where
air flow patterns do not permit products of combustion to be carried to
the sensors.
(3) Methane sensors must be installed near the center of the entry,
at least 12 inches from the roof, ribs, and floor, in a location that
would not expose personnel working on the system to unsafe conditions.
(e) Location of sensors-belt air course. (1) In addition to the
requirements of paragraph (d) of this section, any AMS used to monitor
belt air courses under Sec. 75.350(b) must have approved sensors to
monitor for carbon monoxide at the following locations:
(i) At or near the working section belt tailpiece in the air stream
ventilating the belt entry. In longwall mining systems the sensor must
be located upwind in the belt entry at a distance no greater than 150
feet from the mixing point where intake air is mixed with the belt air
at or near the tailpiece;
(ii) No more than 50 feet upwind from the point where the belt air
course is combined with another air course or splits into multiple air
courses;
(iii) At intervals not to exceed 1,000 feet along each belt entry.
However, in areas along each belt entry where air velocities are between
50 and 100 feet per minute, spacing of sensors must not exceed 500 feet.
In areas along each belt entry where air velocities are less than 50
feet per minute, the sensor spacing must not exceed 350 feet;
(iv) Not more than 100 feet downwind of each belt drive unit, each
tailpiece, transfer point, and each belt take-up. If the belt drive,
tailpiece, and/or take-up for a single transfer point are installed
together in the same air course, and the distance between the units is
less than 100 feet, they may be monitored with one sensor downwind of
the last component. If the distance between the units exceeds 100 feet,
additional sensors are required downwind of each belt drive unit, each
tailpiece, transfer point, and each belt take-up; and
(v) At other locations in any entry that is part of the belt air
course as required and specified in the mine ventilation plan.
(2) Smoke sensors must be installed to monitor the belt entry under
Sec. 75.350(b) at the following locations:
(i) At or near the working section belt tailpiece in the air stream
ventilating the belt entry. In longwall mining systems the sensor must
be located upwind in the belt entry at a distance no greater than 150
feet from the mixing point where intake air is mixed with the belt air
at or near the tailpiece;
(ii) Not more than 100 feet downwind of each belt drive unit, each
tailpiece transfer point, and each belt take-up. If the belt drive,
tailpiece, and/or take-up for a single transfer point are installed
together in the same air course, and the distance between the units is
less than 100 feet, they may be monitored with one sensor downwind of
the last component. If the distance between the units exceeds 100 feet,
additional sensors are required downwind of each belt drive unit, each
tailpiece, transfer point, and each belt take-up; and
(iii) At intervals not to exceed 3,000 feet along each belt entry.
(iv) This provision shall be effective one year after the Secretary
has determined that a smoke sensor is available to reliably detect fire
in underground coal mines.
(f) Locations of sensors--the primary escapeway. When used to
monitor the primary escapeway under Sec. 75.350(b)(4), carbon monoxide
or smoke sensors must be located in the primary escapeway within 500
feet of the working section and areas where mechanized mining equipment
is being installed or removed. In addition, another sensor must be
located within 500 feet inby the beginning of the panel. The point-feed
sensor required by Sec. 75.350(d)(1) may be used as the sensor

[[Page 562]]

at the beginning of the panel if it is located within 500 feet inby the
beginning of the panel.
(g) Location of sensors--return air splits. (1) If used to monitor
return air splits under Sec. 75.362(f), a methane sensor must be
installed in the return air split between the last working place,
longwall or shortwall face ventilated by that air split, and the
junction of the return air split with another air split, seal, or worked
out area.
(2) If used to monitor a return air split under Sec.
75.323(d)(1)(ii), the methane sensors must be installed at the following
locations:
(i) In the return air course opposite the section loading point, or,
if exhausting auxiliary fan(s) are used, in the return air course no
closer than 300 feet downwind from the fan exhaust and at a point
opposite or immediately outby the section loading point; and
(ii) Immediately upwind from the location where the return air split
meets another air split or immediately upwind of the location where an
air split is used to ventilate seals or worked-out areas.
(h) Location of sensors--electrical installations. When monitoring
the intake air ventilating underground transformer stations, battery
charging stations, substations, rectifiers, or water pumps under Sec.
75.340(a)(1)(ii) or Sec. 75.340(a)(2)(ii), at least one sensor must be
installed to monitor the mine atmosphere for carbon monoxide or smoke,
located downwind and not greater than 50 feet from the electrical
installation being monitored.
(i) Establishing alert and alarm levels. An AMS installed in
accordance with the following paragraphs must initiate alert and alarm
signals at the specified levels, as indicated:
(1) For Sec. 75.323(d)(1)(ii) alarm at 1.5% methane.
(2) For Sec. Sec. 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b),
and 75.350(d), alert at 5 ppm carbon monoxide above the ambient level
and alarm at 10 ppm carbon monoxide above the ambient level when carbon
monoxide sensors are used; and alarm at a smoke optical density of 0.022
per meter when smoke sensors are used. Reduced alert and alarm settings
approved by the district manager may be required for carbon monoxide
sensors identified in the mine ventilation plan, Sec. 75.371(nn).
(3) For Sec. 75.362(f), alert at 1.0% methane and alarm at 1.5%
methane.
(j) Establishing carbon monoxide ambient levels. Carbon monoxide
ambient levels and the means to determine these levels must be approved
in the mine ventilation plan (Sec. 75.371(hh)) for monitors installed
in accordance with Sec. Sec. 75.340(a)(1)(ii), 75.340(a)(2)(ii),
75.350(b), and 75.350(d).
(k) Installation and maintenance. An AMS installed in accordance
with Sec. Sec. 75.323(d)(1)(ii), 75.340(a)(1)(ii), 75.340(a)(2)(ii),
75.350(b), 75.350(d), or 75.362(f) must be installed and maintained by
personnel trained in the installation and maintenance of the system. The
system must be maintained in proper operating condition.
(l) Sensors. Sensors used to monitor for carbon monoxide, methane,
and smoke must be either of a type listed and installed in accordance
with the recommendations of a nationally recognized testing laboratory
approved by the Secretary; or these sensors must be of a type, and
installed in a manner, approved by the Secretary.
(m) Time delays. When a demonstrated need exists, time delays may be
incorporated into the AMS. These time delays must only be used to
account for non-fire related carbon monoxide alert and alarm sensor
signals. These time delays are limited to no more than three minutes.
The use and length of any time delays, or other techniques or methods
which eliminate or reduce the need for time delays, must be specified
and approved in the mine ventilation plan.
(n) Examination, testing, and calibration. (1) At least once each
shift when belts are operated as part of a production shift, sensors
used to detect carbon monoxide or smoke in accordance with Sec. Sec.
75.350(b), and 75.350(d), and alarms installed in accordance with Sec.
75.350(b) must be visually examined.
(2) At least once every seven days, alarms for AMS installed in
accordance with Sec. Sec. 75.350(b), and 75.350(d) must be functionally
tested for proper operation.
(3) At intervals not to exceed 31 days--

[[Page 563]]

(i) Each carbon monoxide sensor installed in accordance with
Sec. Sec. 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), or 75.350(d)
must be calibrated in accordance with the manufacturer's calibration
specifications. Calibration must be done with a known concentration of
carbon monoxide in air sufficient to activate the alarm;
(ii) Each smoke sensor installed in accordance with Sec. Sec.
75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), or 75.350(d) must be
functionally tested in accordance with the manufacturer's calibration
specifications;
(iii) Each methane sensor installed in accordance with Sec. Sec.
75.323(d)(1)(ii) or 75.362(f) must be calibrated in accordance with the
manufacturer's calibration specifications. Calibration must be done with
a known concentration of methane in air sufficient to activate an alarm.
(iv) If the alert or alarm signals will be activated during
calibration of sensors, the AMS operator must be notified prior to and
upon completion of calibration. The AMS operator must notify miners on
affected working sections, areas where mechanized mining equipment is
being installed or removed, or other areas designated in the approved
emergency evacuation and firefighting program of instruction (Sec.
75.1502) when calibration will activate alarms and when calibration is
completed.
(4) Gases used for the testing and calibration of AMS sensors must
be traceable to the National Institute of Standards and Technology
reference standard for the specific gas. When these reference standards
are not available for a specific gas, calibration gases must be
traceable to an analytical standard which is prepared using a method
traceable to the National Institute of Standards and Technology.
Calibration gases must be within 2.0 percent of
the indicated gas concentration.
(o) Recordkeeping. (1) When an AMS is used to comply with Sec. Sec.
75.323(d)(1)(ii), 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b),
75.350(d), or 75.362(f), individuals designated by the operator must
make the following records by the end of the shift in which the
following event(s) occur:
(i) If an alert or alarm signal occurs, a record of the date, time,
location and type of sensor, and the cause for the activation.
(ii) If an AMS malfunctions, a record of the date, the extent and
cause of the malfunction, and the corrective action taken to return the
system to proper operation.
(iii) A record of the seven-day tests of alert and alarm signals;
calibrations; and maintenance of the AMS must be made by the person(s)
performing these actions.
(2) The person entering the record must include their name, date,
and signature in the record.
(3) The records required by this section must be kept either in a
secure book that is not susceptible to alteration, or electronically in
a computer system that is secure and not susceptible to alteration.
These records must be maintained separately from other records and
identifiable by a title, such as the `AMS log.'
(p) Retention period. Records must be retained for at least one year
at a surface location at the mine and made available for inspection by
miners and authorized representatives of the Secretary.
(q) Training. (1) All AMS operators must be trained annually in the
proper operation of the AMS. This training must include the following
subjects:
(i) Familiarity with underground mining systems;
(ii) Basic atmospheric monitoring system requirements;
(iii) The mine emergency evacuation and firefighting program of
instruction;
(iv) The mine ventilation system including planned air directions;
(v) Appropriate response to alert, alarm and malfunction signals;
(vi) Use of mine communication systems including emergency
notification procedures; and
(vii) AMS recordkeeping requirements.
(2) At least once every six months, all AMS operators must travel to
all working sections.
(3) A record of the content of training, the person conducting the
training, and the date the training was conducted, must be maintained at
the

[[Page 564]]

mine for at least one year by the mine operator.
(r) Communications. When an AMS is used to comply with Sec.
75.350(b), a two-way voice communication system required by Sec.
75.1600 must be installed in an entry that is separate from the entry in
which the AMS is installed no later than August 2, 2004. The two-way
voice communication system may be installed in the entry where the
intake sensors required by Sec. Sec. 75.350(b)(4) or 75.350(d)(1) are
installed.

[69 FR 17527, Apr. 2, 2004, as amended at 73 FR 80612, Dec. 31, 2008]

Sec. 75.352 Actions in response to AMS malfunction, alert, or alarm signals.

(a) When a malfunction, alert, or alarm signal is received at the
designated surface location, the sensor(s) that are activated must be
identified and the AMS operator must promptly notify appropriate
personnel.
(b) Upon notification of a malfunction, alert, or alarm signal,
appropriate personnel must promptly initiate an investigation to
determine the cause of the signal and take the required actions set
forth in paragraphs (c), (d), or (e) of this section.
(c) If any sensor installed in accordance with Sec. Sec.
75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), or 75.350(d) indicates an
alarm or if any two consecutive sensors indicate alert at the same time,
the following procedures must be followed unless the cause of the
signal(s) is known not to be a hazard to miners:
(1) Appropriate personnel must notify miners in affected working
sections, in affected areas where mechanized mining equipment is being
installed or removed, and at other locations specified in the Sec.
75.1502 approved mine emergency evacuation and firefighting program of
instruction; and
(2) All personnel in the affected areas, unless assigned other
duties under Sec. 75.1502, must be withdrawn promptly to a safe
location identified in the mine emergency evacuation and firefighting
program of instruction.
(d) If there is an alert or alarm signal from a methane sensor
installed in accordance with Sec. Sec. 75.323(d)(1)(ii) and 75.362(f),
an investigation must be initiated to determine the cause of the signal,
and the actions required under Sec. 75.323 must be taken.
(e) If any fire detection components of the AMS malfunction or are
inoperative, immediate action must be taken to return the system to
proper operation. While the AMS component repairs are being made,
operation of the belt may continue if the following conditions are met:
(1) If one AMS sensor malfunctions or becomes inoperative, a trained
person must continuously monitor for carbon monoxide or smoke at the
inoperative sensor.
(2) If two or more adjacent AMS sensors malfunction or become
inoperative, a trained person(s) must patrol and continuously monitor
for carbon monoxide or smoke so that the affected areas will be traveled
each hour in their entirety, or a trained person must be stationed to
monitor at each inoperative sensor.
(3) If the complete AMS malfunctions or becomes inoperative, trained
persons must patrol and continuously monitor for carbon monoxide or
smoke so that the affected areas will be traveled each hour in their
entirety.
(4) The trained person(s) monitoring under this section must, at a
minimum, have two-way voice communication capabilities with the AMS
operator at intervals not to exceed 2,000 feet and report contaminant
levels to the AMS operator at intervals not to exceed 60 minutes.
(5) The trained person(s) monitoring under this section must report
immediately to the AMS operator any concentration of the contaminant
that reaches either the alert or alarm level specified in Sec.
75.351(i), or the alternate alert and alarm levels specified in
paragraph (e)(7) of this section, unless the source of the contaminant
is known not to present a hazard.
(6) Detectors used to monitor under this section must have a level
of detectability equal to that required of the sensors in Sec.
75.351(l).
(7) For those AMSs using sensors other than carbon monoxide sensors,
an alternate detector and the alert and alarm levels associated with
that detector must be specified in the approved mine ventilation plan.

[[Page 565]]

(f) If the minimum air velocity is not maintained when required
under Sec. 75.350(b)(7), immediate action must be taken to return the
ventilation system to proper operation. While the ventilation system is
being corrected, operation of the belt may continue only while a trained
person(s) patrols and continuously monitors for carbon monoxide or smoke
as set forth in Sec. Sec. 75.352(e)(3) through (7), so that the
affected areas will be traveled each hour in their entirety.
(g) The AMS shall automatically provide both a visual and audible
signal in the belt entry at the point-feed regulator location, at
affected sections, and at the designated surface location when carbon
monoxide concentrations reach:
(1) The alert level at both point-feed intake monitoring sensors; or
(2) The alarm level at either point-feed intake monitoring sensor.

[69 FR 17529, Apr. 2, 2004, as amended at 73 FR 80613, Dec. 31, 2008]

Sec. 75.360 Preshift examination at fixed intervals.

(a)(1) Except as provided in paragraph (a)(2) of this section, a
certified person designated by the operator must make a preshift
examination within 3 hours preceding the beginning of any 8-hour
interval during which any person is scheduled to work or travel
underground. No person other than certified examiners may enter or
remain in any underground area unless a preshift examination has been
completed for the established 8-hour interval. The operator must
establish 8-hour intervals of time subject to the required preshift
examinations.
(2) Preshift examinations of areas where pumpers are scheduled to
work or travel shall not be required prior to the pumper entering the
areas if the pumper is a certified person and the pumper conducts an
examination for hazardous conditions and violations of the mandatory
health or safety standards referenced in paragraph (b)(11) of this
section, tests for methane and oxygen deficiency, and determines if the
air is moving in its proper direction in the area where the pumper works
or travels. The examination of the area must be completed before the
pumper performs any other work. A record of all hazardous conditions and
violations of the mandatory health or safety standards found by the
pumper shall be made and retained in accordance with Sec. 75.363 of
this part.
(b) The person conducting the preshift examination shall examine for
hazardous conditions and violations of the mandatory health or safety
standards referenced in paragraph (b)(11) of this section, test for
methane and oxygen deficiency, and determine if the air is moving in its
proper direction at the following locations:
(1) Roadways, travelways and track haulageways where persons are
scheduled, prior to the beginning of the preshift examination, to work
or travel during the oncoming shift.
(2) Belt conveyors that will be used to transport persons during the
oncoming shift and the entries in which these belt conveyors are
located.
(3) Working sections and areas where mechanized mining equipment is
being installed or removed, if anyone is scheduled to work on the
section or in the area during the oncoming shift. The scope of the
examination shall include the working places, approaches to worked-out
areas and ventilation controls on these sections and in these areas, and
the examination shall include tests of the roof, face and rib conditions
on these sections and in these areas.
(4) Approaches to worked-out areas along intake air courses and at
the entries used to carry air into worked-out areas if the intake air
passing the approaches is used to ventilate working sections where
anyone is scheduled to work during the oncoming shift. The examination
of the approaches to the worked-out areas shall be made in the intake
air course immediately inby and outby each entry used to carry air into
the worked-out area. An examination of the entries used to carry air
into the worked-out areas shall be conducted at a point immediately inby
the intersection of each entry with the intake air course.
(5) Seals along intake air courses where intake air passes by a seal
to ventilate working sections where anyone is scheduled to work during
the oncoming shift.

[[Page 566]]

(6)(i) Entries and rooms developed after November 15, 1992, and
developed more than 2 crosscuts off an intake air course without
permanent ventilation controls where intake air passes through or by
these entries or rooms to reach a working section where anyone is
scheduled to work during the oncoming shift; and,
(ii) Entries and rooms developed after November 15, 1992, and driven
more than 20 feet off an intake air course without a crosscut and
without permanent ventilation controls where intake air passes through
or by these entries or rooms to reach a working section where anyone is
scheduled to work during the oncoming shift.
(7) Areas where trolley wires or trolley feeder wires are to be or
will remain energized during the oncoming shift.
(8) High spots along intake air courses where methane is likely to
accumulate, if equipment will be operated in the area during the shift.
(9) Underground electrical installations referred to in Sec.
75.340(a), except those pumps listed in Sec. 75.340 (b)(2) through
(b)(6), and areas where compressors subject to Sec. 75.344 are
installed if the electrical installation or compressor is or will be
energized during the shift.
(10) Other areas where work or travel during the oncoming shift is
scheduled prior to the beginning of the preshift examination.
(11) Preshift examinations shall include examinations to identify
violations of the standards listed below:
(i) Sec. Sec. 75.202(a) and 75.220(a)(1)--roof control;
(ii) Sec. Sec. 75.333(h) and 75.370(a)(1)--ventilation, methane;
(iii) Sec. Sec. 75.400 and 75.403--accumulations of combustible
materials and application of rock dust;
(iv) Sec. 75.1403--other safeguards, limited to maintenance of
travelways along belt conveyors, off track haulage roadways, and track
haulage, track switches, and other components for haulage;
(v) Sec. 75.1722(a)--guarding moving machine parts; and
(vi) Sec. 75.1731(a)--maintenance of belt conveyor components.
(c) The person conducting the preshift examination shall determine
the volume of air entering each of the following areas if anyone is
scheduled to work in the areas during the oncoming shift:
(1) In the last open crosscut of each set of entries or rooms on
each working section and areas where mechanized mining equipment is
being installed or removed. The last open crosscut is the crosscut in
the line of pillars containing the permanent stoppings that separate the
intake air courses and the return air courses.
(2) On each longwall or shortwall in the intake entry or entries at
the intake end of the longwall or shortwall face immediately outby the
face and the velocity of air at each end of the face at the locations
specified in the approved ventilation plan.
(3) At the intake end of any pillar line--
(i) If a single split of air is used, in the intake entry furthest
from the return air course, immediately outby the first open crosscut
outby the line of pillars being mined; or
(ii) If a split system is used, in the intake entries of each split
immediately inby the split point.
(d) The person conducting the preshift examination shall check the
refuge alternative for damage, the integrity of the tamper-evident seal
and the mechanisms required to deploy the refuge alternative, and the
ready availability of compressed oxygen and air.
(e) The district manager may require the operator to examine other
areas of the mine or examine for other hazards and violations of other
mandatory health or safety standards found during the preshift
examination.
(f) Certification. At each working place examined, the person doing
the preshift examination shall certify by initials, date, and the time,
that the examination was made. In areas required to be examined outby a
working section, the certified person shall certify by initials, date,
and the time at enough locations to show that the entire area has been
examined.

[[Page 567]]

(g) Recordkeeping. A record of the results of each preshift
examination, including a record of hazardous conditions and violations
of the nine mandatory health or safety standards and their locations
found by the examiner during each examination, and of the results and
locations of air and methane measurements, shall be made on the surface
before any persons, other than certified persons conducting examinations
required by this subpart, enter any underground area of the mine. The
results of methane tests shall be recorded as the percentage of methane
measured by the examiner. The record shall be made by the certified
person who made the examination or by a person designated by the
operator. If the record is made by someone other than the examiner, the
examiner shall verify the record by initials and date by or at the end
of the shift for which the examination was made. A record shall also be
made by a certified person of the action taken to correct hazardous
conditions and violations of mandatory health or safety standards found
during the preshift examination. All preshift and corrective action
records shall be countersigned by the mine foreman or equivalent mine
official by the end of the mine foreman's or equivalent mine official's
next regularly scheduled working shift. The records required by this
section shall be made in a secure book that is not susceptible to
alteration or electronically in a computer system so as to be secure and
not susceptible to alteration.
(h) Retention period. Records shall be retained at a surface
location at the mine for at least 1 year and shall be made available for
inspection by authorized representatives of the Secretary and the
representative of miners.

[61 FR 9829, Mar. 11, 1996, as amended at 61 FR 55527, Oct. 25, 1996; 62
FR 35085, June 30, 1997; 64 FR 45170, Aug. 19, 1999; 73 FR 80697, Dec.
31, 2008; 77 FR 20714, Apr. 6, 2012]

Sec. 75.361 Supplemental examination.

(a)(1) Except for certified persons conducting examinations required
by this subpart, within 3 hours before anyone enters an area in which a
preshift examination has not been made for that shift, a certified
person shall examine the area for hazardous conditions and violations of
the mandatory health or safety standards referenced in paragraph (a)(2)
of this section, determine whether the air is traveling in its proper
direction and at its normal volume, and test for methane and oxygen
deficiency.
(2) Supplemental examinations shall include examinations to identify
violations of the standards listed below:
(i) Sec. Sec. 75.202(a) and 75.220(a)(1)--roof control;
(ii) Sec. Sec. 75.333(h) and 75.370(a)(1)--ventilation, methane;
(iii) Sec. Sec. 75.400 and 75.403--accumulations of combustible
materials and application of rock dust;
(iv) Sec. 75.1403--other safeguards, limited to maintenance of
travelways along belt conveyors, off track haulage roadways, and track
haulage, track switches, and other components for haulage;
(v) Sec. 75.1722(a)--guarding moving machine parts; and
(vi) Sec. 75.1731(a)--maintenance of belt conveyor components.
(b) Certification. At each working place examined, the person making
the supplemental examination shall certify by initials, date, and the
time, that the examination was made. In areas required to be examined
outby a working section, the certified person shall certify by initials,
date, and the time at enough locations to show that the entire area has
been examined.

[61 FR 9829, Mar. 11, 1996, as amended at 77 FR 20714, 2012]

Sec. 75.362 On-shift examination.

(a)(1) At least once during each shift, or more often if necessary
for safety, a certified person designated by the operator shall conduct
an on-shift examination of each section where anyone is assigned to work
during the shift and any area where mechanized mining equipment is being
installed or removed during the shift. The certified person shall check
for hazardous conditions and violations of the mandatory health or
safety standards referenced in paragraph (a)(3) of this section, test
for methane and oxygen deficiency, and determine if the air is moving in
its proper direction.

[[Page 568]]

(2) A person designated by the operator shall conduct an examination
and record the results and the corrective actions taken to assure
compliance with the respirable dust control parameters specified in the
approved mine ventilation plan. In those instances when a shift change
is accomplished without an interruption in production on a section, the
examination shall be made anytime within 1 hour after the shift change.
In those instances when there is an interruption in production during
the shift change, the examination shall be made before production begins
on a section. Deficiencies in dust controls shall be corrected before
production begins or resumes. The examination shall include: Air
quantities and velocities; water pressures and flow rates; excessive
leakage in the water delivery system; water spray numbers and
orientations; section ventilation and control device placement; roof
bolting machine dust collector vacuum levels; scrubber air flow rate;
work practices required by the ventilation plan; and any other dust
suppression measures. Measurements of the air velocity and quantity,
water pressure and flow rates are not required if continuous monitoring
of these controls is used and indicates that the dust controls are
functioning properly.
(3) On-shift examinations shall include examinations to identify
violations of the standards listed below:
(i) Sec. Sec. 75.202(a) and 75.220(a)(1)--roof control;
(ii) Sec. Sec. 75.333(h) and 75.370(a)(1)--ventilation, methane;
(iii) Sec. Sec. 75.400 and 75.403--accumulations of combustible
materials and application of rock dust;
(iv) Sec. 75.1403--other safeguards, limited to maintenance of
travelways along belt conveyors, off track haulage roadways, and track
haulage, track switches, and other components for haulage;
(v) Sec. 75.1722(a)--guarding moving machine parts; and
(vi) Sec. 75.1731(a)--maintenance of belt conveyor components.
(b) During each shift that coal is produced, a certified person
shall examine for hazardous conditions and violations of the mandatory
health or safety standards referenced in paragraph (a)(3) of this
section along each belt conveyor haulageway where a belt conveyor is
operated. This examination may be conducted at the same time as the
preshift examination of belt conveyors and belt conveyor haulageways, if
the examination is conducted within 3 hours before the oncoming shift.
(c) Persons conducting the on-shift examination shall determine at
the following locations:
(1) The volume of air in the last open crosscut of each set of
entries or rooms on each section and areas where mechanized mining
equipment is being installed or removed. The last open crosscut is the
crosscut in the line of pillars containing the permanent stoppings that
separate the intake air courses and the return air courses.
(2) The volume of air on a longwall or shortwall, including areas
where longwall or shortwall equipment is being installed or removed, in
the intake entry or entries at the intake end of the longwall or
shortwall.
(3) The velocity of air at each end of the longwall or shortwall
face at the locations specified in the approved ventilation plan.
(4) The volume of air at the intake end of any pillar line--
(i) Where a single split of air is used in the intake entry furthest
from the return air course immediately outby the first open crosscut
outby the line of pillars being mined; or
(ii) Where a split system is used in the intake entries of each
split immediately inby the split point.
(d) (1) A qualified person shall make tests for methane--
(i) At the start of each shift at each working place before
electrically operated equipment is energized; and
(ii) Immediately before equipment is energized, taken into, or
operated in a working place; and
(iii) At 20-minute intervals, or more often if required in the
approved ventilation plan at specific locations, during the operation of
equipment in the working place.
(2) Except as provided for in paragraph (d)(3) of this section,
these methane tests shall be made at the face from under permanent roof
support, using extendable probes or other acceptable means. When
longwall or

[[Page 569]]

shortwall mining systems are used, these methane tests shall be made at
the shearer, the plow, or the cutting head. When mining has been stopped
for more than 20 minutes, methane tests shall be conducted prior to the
start up of equipment.
(3) As an alternative method of compliance with paragraph (d)(2) of
this section during roof bolting, methane tests may be made by sweeping
an area not less than 16 feet inby the last area of permanently
supported roof, using a probe or other acceptable means. This method of
testing is conditioned on meeting the following requirements:
(i) The roof bolting machine must be equipped with an integral
automated temporary roof support (ATRS) system that meets the
requirements of 30 CFR 75.209.
(ii) The roof bolting machine must have a permanently mounted, MSHA-
approved methane monitor which meets the maintenance and calibration
requirements of 30 CFR 75.342(a)(4), the warning signal requirements of
30 CFR 75.342(b), and the automatic de-energization requirements of 30
CFR 75.342(c).
(iii) The methane monitor sensor must be mounted near the inby end
and within 18 inches of the longitudinal center of the ATRS support, and
positioned at least 12 inches from the roof when the ATRS is fully
deployed.
(iv) Manual methane tests must be made at intervals not exceeding 20
minutes. The test may be made either from under permanent roof support
or from the roof bolter's work position protected by the deployed ATRS.
(v) Once a methane test is made at the face, all subsequent methane
tests in the same area of unsupported roof must also be made at the
face, from under permanent roof support, using extendable probes or
other acceptable means at intervals not exceeding 20 minutes.
(vi) The district manager may require that the ventilation plan
include the minimum air quantity and the position and placement of
ventilation controls to be maintained during roof bolting.
(e) If auxiliary fans and tubing are used, they shall be inspected
frequently.
(f) During each shift that coal is produced and at intervals not
exceeding 4 hours, tests for methane shall be made by a certified person
or by an atmospheric monitoring system (AMS) in each return split of air
from each working section between the last working place, or longwall or
shortwall face, ventilated by that split of air and the junction of the
return air split with another air split, seal, or worked-out area. If
auxiliary fans and tubing are used, the tests shall be made at a
location outby the auxiliary fan discharge.
(g) Certification. (1) The person conducting the on-shift
examination in belt haulage entries shall certify by initials, date, and
time that the examination was made. The certified person shall certify
by initials, date, and the time at enough locations to show that the
entire area has been examined.
(2) The certified person directing the on-shift examination to
assure compliance with the respirable dust control parameters specified
in the approved mine ventilation plan shall:
(i) Certify by initials, date, and time on a board maintained at the
section load-out or similar location showing that the examination was
made prior to resuming production; and
(ii) Verify, by initials and date, the record of the results of the
examination required under (a)(2) of this section to assure compliance
with the respirable dust control parameters specified in the mine
ventilation plan. The verification shall be made no later than the end
of the shift for which the examination was made.
(3) The mine foreman or equivalent mine official shall countersign
each examination record required under (a)(2) of this section after it
is verified by the certified person under (g)(2)(ii) of this section,
and no later than the end of the mine foreman's or equivalent mine
official's next regularly scheduled working shift. The record shall be
made in a secure book that is not susceptible to alteration or
electronically in a computer system so as to be secure and not
susceptible to alteration.
(4) Records shall be retained at a surface location at the mine for
at least 1 year and shall be made available for inspection by authorized
representatives

[[Page 570]]

of the Secretary and the representative of miners.

[61 FR 9829, Mar. 11, 1996; 61 FR 26442, May 28, 1996, as amended at 68
FR 40138, July 7, 2003; 77 FR 20715, Apr. 6, 2012; 79 FR 24987, May 1,
2014]

Sec. 75.363 Hazardous conditions and violations of mandatory health
or safety standards; posting, correcting, and recording.

(a) Any hazardous condition found by the mine foreman or equivalent
mine official, assistant mine foreman or equivalent mine official, or
other certified persons designated by the operator for the purposes of
conducting examinations under this subpart D, shall be posted with a
conspicuous danger sign where anyone entering the areas would pass. A
hazardous condition shall be corrected immediately or the area shall
remain posted until the hazardous condition is corrected. If the
condition creates an imminent danger, everyone except those persons
referred to in section 104(c) of the Act shall be withdrawn from the
area affected to a safe area until the hazardous condition is corrected.
Only persons designated by the operator to correct or evaluate the
hazardous condition may enter the posted area. Any violation of a
mandatory health or safety standard found during a preshift,
supplemental, on-shift, or weekly examination shall be corrected.
(b) A record shall be made of any hazardous condition and any
violation of the nine mandatory health or safety standards found by the
mine examiner. This record shall be kept in a book maintained for this
purpose on the surface at the mine. The record shall be made by the
completion of the shift on which the hazardous condition or violation of
the nine mandatory health or safety standards is found and shall include
the nature and location of the hazardous condition or violation and the
corrective action taken. This record shall not be required for shifts
when no hazardous conditions or violations of the nine mandatory health
or safety standards are found.
(c) The record shall be made by the certified person who conducted
the examination or a person designated by the operator. If made by a
person other than the certified person, the certified person shall
verify the record by initials and date by or at the end of the shift for
which the examination was made. Records shall be countersigned by the
mine foreman or equivalent mine official by the end of the mine
foreman's or equivalent mine official's next regularly scheduled working
shift. The record shall be made in a secure book that is not susceptible
to alteration or electronically in a computer system so as to be secure
and not susceptible to alteration.
(d) Retention period. Records shall be retained at a surface
location at the mine for at least 1 year and shall be made available for
inspection by authorized representatives of the Secretary and the
representative of miners.
(e) Review of citations and orders. The mine operator shall review
with mine examiners on a quarterly basis citations and orders issued in
areas where preshift, supplemental, on-shift, and weekly examinations
are required.

[61 FR 9829, Mar. 11, 1996; 61 FR 26442, May 28, 1996; 77 FR 20715, Apr.
6, 2012]

Sec. 75.364 Weekly examination.

(a) Worked-out areas. (1) At least every 7 days, a certified person
shall examine unsealed worked-out areas where no pillars have been
recovered by traveling to the area of deepest penetration; measuring
methane and oxygen concentrations and air quantities and making tests to
determine if the air is moving in the proper direction in the area. The
locations of measurement points where tests and measurements will be
performed shall be included in the mine ventilation plan and shall be
adequate in number and location to assure ventilation and air quality in
the area. Air quantity measurements shall also be made where the air
enters and leaves the worked-out area. An alternative method of
evaluating the ventilation of the area may be approved in the
ventilation plan.
(2) At least every 7 days, a certified person shall evaluate the
effectiveness of bleeder systems required by Sec. 75.334 as follows:
(i) Measurements of methane and oxygen concentrations and air
quantity and a test to determine if the air is

[[Page 571]]

moving in its proper direction shall be made where air enters the
worked-out area.
(ii) Measurements of methane and oxygen concentrations and air
quantity and a test to determine if the air is moving in the proper
direction shall be made immediately before the air enters a return split
of air.
(iii) At least one entry of each set of bleeder entries used as part
of a bleeder system under Sec. 75.334 shall be traveled in its
entirety. Measurements of methane and oxygen concentrations and air
quantities and a test to determine if the air is moving in the proper
direction shall be made at the measurement point locations specified in
the mine ventilation plan to determine the effectiveness of the bleeder
system.
(iv) In lieu of the requirements of paragraphs (a)(2)(i) and (iii)
of this section, an alternative method of evaluation may be specified in
the ventilation plan provided the alternative method results in proper
evaluation of the effectiveness of the bleeder system.
(b) Hazardous conditions and violations of mandatory health or
safety standards. At least every 7 days, an examination for hazardous
conditions and violations of the mandatory health or safety standards
referenced in paragraph (b)(8) of this section shall be made by a
certified person designated by the operator at the following locations:
(1) In at least one entry of each intake air course, in its
entirety, so that the entire air course is traveled.
(2) In at least one entry of each return air course, in its
entirety, so that the entire air course is traveled.
(3) In each longwall or shortwall travelway in its entirety, so that
the entire travelway is traveled.
(4) At each seal along return and bleeder air courses and at each
seal along intake air courses not examined under Sec. 75.360(b)(5).
(5) In each escapeway so that the entire escapeway is traveled.
(6) On each working section not examined under Sec. 75.360(b)(3)
during the previous 7 days.
(7) At each water pump not examined during a preshift examination
conducted during the previous 7 days.
(8) Weekly examinations shall include examinations to identify
violations of the standards listed below:
(i) Sec. Sec. 75.202(a) and 75.220(a)(1)--roof control;
(ii) Sec. Sec. 75.333(h) and 75.370(a)(1)--ventilation, methane;
(iii) Sec. Sec. 75.400 and 75.403--accumulations of combustible
materials and application of rock dust; and
(iv) Sec. 75.1403--maintenance of off track haulage roadways, and
track haulage, track switches, and other components for haulage;
(v) Sec. 75.1722(a)--guarding moving machine parts; and
(vi) Sec. 75.1731(a)--maintenance of belt conveyor components.
(c) Measurements and tests. At least every 7 days, a certified
person shall--
(1) Determine the volume of air entering the main intakes and in
each intake split;
(2) Determine the volume of air and test for methane in the last
open crosscut in any pair or set of developing entries or rooms, in the
return of each split of air immediately before it enters the main
returns, and where the air leaves the main returns; and
(3) Test for methane in the return entry nearest each set of seals
immediately after the air passes the seals.
(d) Hazardous conditions shall be corrected immediately. If the
condition creates an imminent danger, everyone except those persons
referred to in section 104(c) of the Act shall be withdrawn from the
area affected to a safe area until the hazardous condition is corrected.
Any violation of the nine mandatory health or safety standards found
during a weekly examination shall be corrected.
(e) The weekly examination may be conducted at the same time as the
preshift or on-shift examinations.
(f) (1) The weekly examination is not required during any 7 day
period in which no one enters any underground area of the mine.
(2) Except for certified persons required to make examinations, no
one shall enter any underground area of the mine if a weekly examination
has not been completed within the previous 7 days.
(g) Certification. The person making the weekly examinations shall
certify

[[Page 572]]

by initials, date, and the time that the examination was made.
Certifications and times shall appear at enough locations to show that
the entire area has been examined.
(h) Recordkeeping. At the completion of any shift during which a
portion of a weekly examination is conducted, a record of the results of
each weekly examination, including a record of hazardous conditions and
violations of the nine mandatory health or safety standards found during
each examination and their locations, the corrective action taken, and
the results and location of air and methane measurements, shall be made.
The results of methane tests shall be recorded as the percentage of
methane measured by the examiner. The record shall be made by the person
making the examination or a person designated by the operator. If made
by a person other than the examiner, the examiner shall verify the
record by initials and date by or at the end of the shift for which the
examination was made. The record shall be countersigned by the mine
foreman or equivalent mine official by the end of the mine foreman's or
equivalent mine official's next regularly scheduled working shift. The
records required by this section shall be made in a secure book that is
not susceptible to alteration or electronically in a computer system so
as to be secure and not susceptible to alteration.
(i) Retention period. Records shall be retained at a surface
location at the mine for at least 1 year and shall be made available for
inspection by authorized representatives of the Secretary and the
representative of miners.

[61 FR 9829, Mar. 11, 1996, as amended at 77 FR 20715, Apr. 6, 2012]

Sec. 75.370 Mine ventilation plan; submission and approval.

(a)(1) The operator shall develop and follow a ventilation plan
approved by the district manager. The plan shall be designed to control
methane and respirable dust and shall be suitable to the conditions and
mining system at the mine. The ventilation plan shall consist of two
parts, the plan content as prescribed in Sec. 75.371 and the
ventilation map with information as prescribed in Sec. 75.372. Only
that portion of the map which contains information required under Sec.
75.371 will be subject to approval by the district manager.
(2) The proposed ventilation plan and any revision to the plan shall
be submitted in writing to the district manager. When revisions to a
ventilation plan are proposed, only the revised pages, maps, or sketches
of the plan need to be submitted. When required in writing by the
district manager, the operator shall submit a fully revised plan by
consolidating the plan and all revisions in an orderly manner and by
deleting all outdated material.
(3) (i) The mine operator shall notify the representative of miners
at least 5 days prior to submission of a mine ventilation plan and any
revision to a mine ventilation plan. If requested, the mine operator
shall provide a copy to the representative of miners at the time of
notification. In the event of a situation requiring immediate action on
a plan revision, notification of the revision shall be given, and if
requested, a copy of the revision shall be provided, to the
representative of miners by the operator at the time of submittal;
(ii) A copy of the proposed ventilation plan, and a copy of any
proposed revision, submitted for approval shall be made available for
inspection by the representative of miners; and
(iii) A copy of the proposed ventilation plan, and a copy of any
proposed revision, submitted for approval shall be posted on the mine
bulletin board at the time of submittal. The proposed plan or proposed
revision shall remain posted until it is approved, withdrawn or denied.
(b) Following receipt of the proposed plan or proposed revision, the
representative of miners may submit timely comments to the district
manager, in writing, for consideration during the review process. A copy
of these comments shall also be provided to the operator by the district
manager upon request.
(c) (1) The district manager will notify the operator in writing of
the approval or denial of approval of a proposed ventilation plan or
proposed revision. A copy of this notification will

[[Page 573]]

be sent to the representative of miners by the district manager.
(2) If the district manager denies approval of a proposed plan or
revision, the deficiencies of the plan or revision shall be specified in
writing and the operator will be provided an opportunity to discuss the
deficiencies with the district manager.
(d) No proposed ventilation plan shall be implemented before it is
approved by the district manager. Any intentional change to the
ventilation system that alters the main air current or any split of the
main air current in a manner that could materially affect the safety and
health of the miners, or any change to the information required in Sec.
75.371 shall be submitted to and approved by the district manager before
implementation.
(e) Before implementing an approved ventilation plan or a revision
to a ventilation plan, persons affected by the revision shall be
instructed by the operator in its provisions.
(f) The approved ventilation plan and any revisions shall be--
(1) Provided upon request to the representative of miners by the
operator following notification of approval;
(2) Made available for inspection by the representative of miners;
and
(3) Posted on the mine bulletin board within 1 working day following
notification of approval. The approved plan and revisions shall remain
posted on the bulletin board for the period that they are in effect.
(g) The ventilation plan for each mine shall be reviewed every 6
months by an authorized representative of the Secretary to assure that
it is suitable to current conditions in the mine.

Sec. 75.371 Mine ventilation plan; contents.

The mine ventilation plan shall contain the information described
below and any additional provisions required by the district manager:
(a) The mine name, company name, mine identification number, and the
name of the individual submitting the plan information.
(b) Planned main mine fan stoppages, other than those scheduled for
testing, maintenance or adjustment, including procedures to be followed
during these stoppages and subsequent restarts (see Sec. 75.311(a)) and
the type of device to be used for monitoring main mine fan pressure, if
other than a pressure recording device (see 75.310(a)(4)).
(c) Methods of protecting main mine fans and associated components
from the forces of an underground explosion if a 15-foot offset from the
nearest side of the mine opening is not provided (see Sec.
75.310(a)(6)); and the methods of protecting main mine fans and intake
air openings if combustible material will be within 100 feet of the area
surrounding the fan or these openings (see Sec. 75.311(f)).
(d) Persons that will be permitted to enter the mine, the work these
persons will do while in the mine, and electric power circuits that will
be energized when a back-up fan system is used that does not provide the
ventilating quantity provided by the main mine fan (see Sec.
75.311(c)).
(e) The locations and operating conditions of booster fans installed
in anthracite mines (see Sec. 75.302).
(f) Section and face ventilation systems used and the minimum
quantity of air that will be delivered to the working section for each
mechanized mining unit, including drawings illustrating how each system
is used, and a description of each different dust suppression system
used on equipment, identified by make and model, on each working
section, including:
(1) The number, types, location, orientation, operating pressure,
and flow rate of operating water sprays;
(2) The maximum distance that ventilation control devices will be
installed from each working face when mining or installing roof bolts in
entries and crosscuts;
(3) Procedures for maintaining the roof bolting machine dust
collection system in approved condition; and
(4) Recommended best work practices for equipment operators to
minimize dust exposure.
(g) Locations where the air quantities must be greater than 3,000
cubic feet per minute (see Sec. 75.325(a)(1)).
(h) In anthracite mines, locations where the air quantities must be
greater than 1,500 cubic feet per minute (see Sec. 75.325(e)(1)).

[[Page 574]]

(i) Working places and working faces other than those where coal is
being cut, mined, drilled for blasting or loaded, where a minimum air
quantity will be maintained, and the air quantity at those locations
(see Sec. 75.325(a)(1)).
(j) The operating volume of machine mounted dust collectors or
diffuser fans, if used (see Sec. 75.325(a)(3)), including the type and
size of dust collector screen used, and a description of the procedures
to maintain dust collectors used on equipment.
(k) The minimum mean entry air velocity in exhausting face
ventilation systems where coal is being cut, mined, drilled for
blasting, or loaded, if the velocity will be less than 60 feet per
minute. Other working places where coal is not being cut, mined, drilled
for blasting or loaded, where at least 60 feet per minute or some other
minimum mean entry air velocity will be maintained (see Sec. 75.326).
(l) The maximum distance if greater than 10 feet from each working
face at which face ventilation control devices will be installed (see
Sec. 75.330(b)(2)). The working places other than those where coal is
being cut, mined, drilled for blasting or loaded, where face ventilation
control devices will be used (see Sec. 75.330(b)(1)(ii).
(m) The volume of air required in the last open crosscut or the
quantity of air reaching the pillar line if greater than 9,000 cubic
feet per minute (see Sec. 75.325(b)).
(n) In anthracite mines, the volume of air required in the last open
crosscut or the quantity of air reaching the pillar line if greater than
5,000 cubic feet per minute (see Sec. 75.325(e)(2)).
(o) Locations where separations of intake and return air courses
will be built and maintained to other than the third connecting crosscut
outby each working face (see Sec. 75.333(b)(1)).
(p) The volume of air required at the intake to the longwall
sections, if different than 30,000 cubic feet per minute (see Sec.
75.325(c)).
(q) The velocities of air on a longwall or shortwall face, and the
locations where the velocities must be measured (see Sec.
75.325(c)(2)).
(r) The minimum quantity of air that will be provided during the
installation and removal of mechanized mining equipment, the location
where this quantity will be provided, and the ventilation controls that
will be used (see Sec. 75.325(d), (g), and (i)).
(s) The locations and frequency of the methane tests if required
more often by Sec. 75.362(d)(1)(iii) (see Sec. 75.362 (d)(1)(iii).
(t) The locations where samples for ``designated areas'' will be
collected, including the specific location of each sampling device, and
the respirable dust control measures used at the dust generating sources
for these locations (see Sec. Sec. 70.207 and 70.209 of this chapter).
(u) The methane and dust control systems at underground dumps,
crushers, transfer points, and haulageways.
(v) Areas in trolley haulage entries where the air velocity will be
greater than 250 feet per minute and the velocity in these areas (see
Sec. 75.327(b)).
(w) Locations where entries will be advanced less than 20 feet from
the inby rib without a crosscut being provided where a line brattice
will be required. (see Sec. 75.333(g)).
(x) A description of the bleeder system to be used, including its
design (see Sec. 75.334).
(y) The means for determining the effectiveness of bleeder systems
(see Sec. 75.334(c)(2)).
(z) The locations where measurements of methane and oxygen
concentrations and air quantities and tests to determine whether the air
is moving in the proper direction will be made to evaluate the
ventilation of nonpillared worked-out areas (see Sec. 75.364 (a)(1))
and the effectiveness of bleeder systems (see Sec. 75.364 (a)(2)(iii).
Alternative methods of evaluation of the effectiveness of bleeder
systems (Sec. 75.364 (a)(2)(iv)).
(aa) The means for adequately maintaining bleeder entries free of
obstructions such as roof falls and standing water (see Sec.
75.334(c)(3)).
(bb) The location of ventilation devices such as regulators,
stoppings and bleeder connectors used to control air movement through
worked-out areas (see Sec. 75.334(c)(4)). The location and sequence of
construction of proposed seals for each worked-out area. (see Sec.
75.334(e)).

[[Page 575]]

(cc) In mines with a demonstrated history of spontaneous combustion:
a description of the measures that will be used to detect methane,
carbon monoxide, and oxygen concentration during and after pillar
recovery and in worked-out areas where no pillars have been recovered
(see Sec. 75.334(f)(1); and, the actions which will be taken to protect
miners from the hazards associated with spontaneous combustion (see
Sec. 75.334(f)(2). If a bleeder system will not be used, the methods
that will be used to control spontaneous combustion, accumulations of
methane-air mixtures, and other gases, dusts, and fumes in the worked-
out area (see Sec. 75.334(f)(3)).
(dd) The location of all horizontal degasification holes that are
longer than 1,000 feet and the location of all vertical degasification
holes.
(ee) If methane drainage systems are used, a detailed sketch of each
system, including a description of safety precautions used with the
systems.
(ff) Seal installation requirements provided by Sec. 75.335 and the
sampling provisions provided by Sec. 75.336.
(gg) The alternative location for the additional sensing device if
the device will not be installed on the longwall shearing machine (see
Sec. 75.342(a)(2)).
(hh) The ambient level in parts per million of carbon monoxide, and
the method for determining the ambient level, in all areas where carbon
monoxide sensors are installed.
(ii) The locations (designated areas) where dust measurements would
be made in the belt entry when belt air is used to ventilate working
sections or areas where mechanized mining equipment is being installed
or removed, in accordance with Sec. 75.350(b)(3).
(jj) The locations and approved velocities at those locations where
air velocities in the belt entry are above or below the limits set forth
in Sec. 75.350(a)(2) or Sec. Sec. 75.350(b)(7) and 75.350(b)(8).
(kk) The locations where air quantities are measured as set forth in
Sec. 75.350(b)(6).
(ll) The locations and use of point-feed regulators, in accordance
with Sec. Sec. 75.350(c) and 75.350(d)(5).
(mm) The location of any diesel-discriminating sensor, and
additional carbon monoxide or smoke sensors installed in the belt air
course.
(nn) The length of the time delay or any other method used to reduce
the number of non-fire related alert and alarm signals from carbon
monoxide sensors.
(oo) The reduced alert and alarm settings for carbon monoxide
sensors, in accordance with Sec. 75.351(i)(2).
(pp) The alternate detector and the alert and alarm levels
associated with the detector, in accordance with Sec. 75.352(e)(7).
(qq) The distance that separation between the primary escapeway and
the belt or track haulage entries will be maintained if other than to
the first connecting crosscut outby the section loading point (see Sec.
75.380(g)).
(rr) In anthracite mines, the dimensions of escapeways where the
pitch of the coal seam does not permit escapeways to be maintained 4
feet by 5 feet and the locations where these dimensions must be
maintained (see Sec. 75.381(c)(4)).
(ss) Areas designated by the district manager where measurements of
CO and NO concentrations will be made (see Sec.
70.1900(a)(4)).
(tt) Location where the air quantity will be maintained at the
section loading point (see Sec. 75.325(f)(2)).
(uu) Any additional location(s) required by the district manager
where a minimum air quantity must be maintained for an individual unit
of diesel-powered equipment. (see Sec. 75.325(f)(5)).
(vv) The minimum air quantities that will be provided where multiple
units of diesel-powered equipment are operated (see Sec. 75.325(g) (1)-
(3) and (i)).
(ww) The diesel-powered mining equipment excluded from the
calculation under Sec. 75.325(g). (see Sec. 75.325(h)).
(xx) Action levels higher than the 50 percent level specified by
Sec. 70.1900(c). (see Sec. 75.325(j)).
(yy) The locations where the pressure differential cannot be
maintained from the primary escapeway to the belt entry.

[61 FR 9829, Mar. 11, 1996, as amended at 61 FR 55527, Oct. 25, 1996; 69
FR 17529, Apr. 2, 2004; 72 FR 28817, May 22, 2007; 73 FR 21209, Apr. 18,
2008; 73 FR 80613, Dec. 31, 2008; 79 FR 24987, May 1, 2014]

[[Page 576]]

2
Sec. 75.372 Mine ventilation map.

(a)(1) At intervals not exceeding 12 months, the operator shall
submit to the district manager 3 copies of an up-to-date map of the mine
drawn to a scale of not less than 100 nor more than 500 feet to the
inch. A registered engineer or a registered surveyor shall certify that
the map is accurate.
(2) In addition to the informational requirements of this section
the map may also be used to depict and explain plan contents that are
required in Sec. 75.371. Information shown on the map to satisfy the
requirements of Sec. 75.371 shall be subject to approval by the
district manager.
(b) The map shall contain the following information:
(1) The mine name, company name, mine identification number, a
legend identifying the scale of the map and symbols used, and the name
of the individual responsible for the information on the map.
(2) All areas of the mine, including sealed and unsealed worked-out
areas.
(3) All known mine workings that are located in the same coalbed
within 1,000 feet of existing or projected workings. These workings may
be shown on a mine map with a scale other than that required by
paragraph (a) of this section, if the scale does not exceed 2,000 feet
to the inch and is specified on the map.
(4) The locations of all known mine workings underlying and
overlying the mine property and the distance between the mine workings.
(5) The locations of all known oil and gas wells and all known drill
holes that penetrate the coalbed being mined.
(6) The locations of all main mine fans, installed backup fans and
motors, and each fan's specifications, including size, type, model
number, manufacturer, operating pressure, motor horsepower, and
revolutions per minute.
(7) The locations of all surface mine openings and the direction and
quantity of air at each opening.
(8) The elevation at the top and bottom of each shaft and slope, and
shaft and slope dimensions, including depth and length.
(9) The direction of air flow in all underground areas of the mine.
(10) The locations of all active working sections and the four-digit
identification number for each mechanized mining unit (MMU).
(11) The location of all escapeways and refuge alternatives.
(12) The locations of all ventilation controls, including permanent
stoppings, overcasts, undercasts, regulators, seals, airlock doors,
haulageway doors and other doors, except temporary ventilation controls
on working sections.
(13) The direction and quantity of air--
(i) Entering and leaving each split;
(ii) In the last open crosscut of each set of entries and rooms; and
(iii) At the intake end of each pillar line, including any longwall
or shortwall.
(14) Projections for at least 12 months of anticipated mine
development, proposed ventilation controls, proposed bleeder systems,
and the anticipated location of intake and return air courses, belt
entries, and escapeways.
(15) The locations of existing methane drainage systems.
(16) The locations and type of all AMS sensors required by subpart D
of this part.
(17) Contour lines that pass through whole number elevations of the
coalbed being mined. These lines shall be spaced at 10-foot elevation
levels unless a wider spacing is permitted by the district manager.
(18) The location of proposed seals for each worked-out area.
(19) The entry height, velocity and direction of the air current at
or near the midpoint of each belt flight where the height and width of
the entry are representative of the belt haulage entry.
(20) The location and designation of air courses that have been
redesignated from intake to return for the purpose of ventilation of
structures, areas or installations that are required by this subpart D
to be ventilated to return air courses, and for ventilation of seals.
(c) The mine map required by Sec. 75.1200 may be used to satisfy
the requirements for the ventilation map, provided that all the
information required

[[Page 577]]

by this section is contained on the map.

[61 FR 9829, Mar. 11, 1996, as amended at 69 FR 17530, Apr. 2, 2004; 73
FR 80697, Dec. 31, 2008]

Sec. 75.373 Reopening mines.

After a mine is abandoned or declared inactive, and before it is
reopened, mining operations shall not begin until MSHA has been notified
and has completed an inspection.

Sec. 75.380 Escapeways; bituminous and lignite mines.

(a) Except in situations addressed in Sec. 75.381, Sec. 75.385 and
Sec. 75.386, at least two separate and distinct travelable passageways
shall be designated as escapeways and shall meet the requirements of
this section.
(b) (1) Escapeways shall be provided from each working section, and
each area where mechanized mining equipment is being installed or
removed, continuous to the surface escape drift opening or continuous to
the escape shaft or slope facilities to the surface.
(2) During equipment installation, these escapeways shall begin at
the projected location for the section loading point. During equipment
removal, they shall begin at the location of the last loading point.
(c) The two separate and distinct escapeways required by this
section shall not end at a common shaft, slope, or drift opening, except
that multiple compartment shafts or slopes separated by walls
constructed of noncombustible material may be used as separate and
distinct passageways.
(d) Each escapeway shall be--
(1) Maintained in a safe condition to always assure passage of
anyone, including disabled persons;
(2) Clearly marked to show the route and direction of travel to the
surface;
(3) Maintained to at least a height of 5 feet from the mine floor to
the mine roof, excluding the thickness of any roof support, except that
the escapeways shall be maintained to at least the height of the
coalbed, excluding the thickness of any roof support, where the coalbed
is less than 5 feet. In areas of mines where escapeways pass through
doors, the height may be less than 5 feet, provided that sufficient
height is maintained to enable miners, including disabled persons, to
escape quickly in an emergency. In areas of mines developed before
November 16, 1992, where escapeways pass over or under overcasts or
undercasts, the height may be less than 5 feet provided that sufficient
height is maintained to enable miners, including disabled persons, to
escape quickly in an emergency. When there is a need to determine
whether sufficient height is provided, MSHA may require a stretcher test
where 4 persons carry a miner through the area in question on a
stretcher;
(4) Maintained at least 6 feet wide except--
(i) Where necessary supplemental roof support is installed, the
escapeway shall not be less than 4 feet wide; or
(ii) Where the route of travel passes through doors or other
permanent ventilation controls, the escapeway shall be at least 4 feet
wide to enable miners to escape quickly in an emergency, or
(iii) Where the alternate escapeway passes through doors or other
permanent ventilation controls or where supplemental roof support is
required and sufficient width is maintained to enable miners, including
disabled persons, to escape quickly in an emergency. When there is a
need to determine whether sufficient width is provided, MSHA may require
a stretcher test where 4 persons carry a miner through the area in
question on a stretcher, or
(iv) Where mobile equipment near working sections, and other
equipment essential to the ongoing operation of longwall sections, is
necessary during normal mining operations, such as material cars
containing rock dust or roof control supplies, or is to be used for the
evacuation of miners off the section in the event of an emergency. In
any instance, escapeways shall be of sufficient width to enable miners,
including disabled persons, to escape quickly in an emergency. When
there is a need to determine whether sufficient width is provided, MSHA
may require a stretcher test where 4 persons carry a miner through the
area in question on a stretcher;
(5) Located to follow the most direct, safe and practical route to
the nearest

[[Page 578]]

mine opening suitable for the safe evacuation of miners; and
(6) Provided with ladders, stairways, ramps, or similar facilities
where the escapeways cross over obstructions.
(7) Provided with a continuous, durable directional lifeline or
equivalent device that shall be--
(i) Installed and maintained throughout the entire length of each
escapeway as defined in paragraph (b)(1) of this section;
(ii) Flame-resistant in accordance with the requirements of part 18
of this chapter upon replacement of existing lifelines; but in no case
later than June 15, 2009;
(iii) Marked with a reflective material every 25 feet;
(iv) Located in such a manner for miners to use effectively to
escape;
(v) Equipped with one directional indicator cone securely attached
to the lifeline, signifying the route of escape, placed at intervals not
exceeding 100 feet. Cones shall be installed so that the tapered section
points inby;
(vi) Equipped with one sphere securely attached to the lifeline at
each intersection where personnel doors are installed in adjacent
crosscuts;
(vii) Equipped with two securely attached cones, installed
consecutively with the tapered section pointing inby, to signify an
attached branch line is immediately ahead.
(A) A branch line leading from the lifeline to an SCSR cache will be
marked with four cones with the base sections in contact to form two
diamond shapes. The cones must be placed within reach of the lifeline.
(B) A branch line leading from the lifeline to a refuge alternative
will be marked with a rigid spiraled coil at least eight inches in
length. The spiraled coil must be placed within reach of the lifeline
(see Illustration 1 below).
[GRAPHIC] [TIFF OMITTED] TR31DE08.001

[[Page 579]]

(e) Surface openings shall be adequately protected to prevent
surface fires, fumes, smoke, and flood water from entering the mine.
(f) Primary escapeway. (1) One escapeway that is ventilated with
intake air shall be designated as the primary escapeway. The primary
escapeway shall have a higher ventilation pressure than the belt entry
unless the mine operator submits an alternative in the mine ventilation
plan to protect the integrity of the primary escapeway, based on mine
specific conditions, which is approved by the district manager.
(2) Paragraphs (f)(3) through (f)(7) of this section apply as
follows:
(i) To all areas of a primary escapeway developed on or after
November 16, 1992;
(ii) Effective as of June 10, 1997, to all areas of a primary
escapeway developed between March 30, 1970 and November 16, 1992; and
(iii) Effective as of June 10, 1997, to all areas of the primary
escapeway developed prior to March 30, 1970 where separation of the belt
and trolley haulage entries from the primary escapeway existed prior to
November 16, 1992.
(3) The following equipment is not permitted in the primary
escapeway:
(i) Mobile equipment hauling coal except for hauling coal incidental
to cleanup or maintenance of the primary escapeway.
(ii) Compressors, except--
(A) Compressors necessary to maintain the escapeway in safe,
travelable condition;
(B) Compressors that are components of equipment such as locomotives
and rock dusting machines; and
(C) Compressors of less than five horsepower.
(iii) Underground transformer stations, battery charging stations,
substations, and rectifiers except--
(A) Where necessary to maintain the escapeway in safe, travelable
condition; and
(B) Battery charging stations and rectifiers and power centers with
transformers that are either dry-type or contain nonflammable liquid,
provided they are located on or near a working section and are moved as
the section advances or retreats.
(iv) Water pumps, except--
(A) Water pumps necessary to maintain the escapeway in safe,
travelable condition;
(B) Submersible pumps;
(C) Permissible pumps and associated permissible switchgear;
(D) Pumps located on or near a working section that are moved as the
section advances or retreats;
(E) Pumps installed in anthracite mines; and
(F) Small portable pumps.
(4) Mobile equipment operated in the primary escapeway, except for
continuous miners and as provided in paragraphs (f)(5), (f)(6), and
(f)(7) of this section, shall be equipped with a fire suppression system
installed according to Sec. Sec. 75.1107-3 through 75.1107-16 that is--
(i) Manually operated and attended continuously by a person trained
in the systems function and use, or
(ii) A multipurpose dry chemical type capable of both automatic and
manual activation.
(5) Personnel carriers and small mobile equipment designed and used
only for carrying people and small hand tools may be operated in primary
escapeways if--
(i) The equipment is provided with a multipurpose dry chemical type
fire suppression system capable of both automatic and manual activation,
and the suppression system is suitable for the intended application and
is listed or approved by a nationally recognized independent testing
laboratory, or,
(ii) Battery powered and provided with two 10 pound multipurpose dry
chemical portable fire extinguishers.
(6) Notwithstanding the requirements of paragraph (f)(3)(i), mobile
equipment not provided with a fire suppression system may operate in the
primary escapeway if no one is inby except those persons directly
engaged in using or moving the equipment.
(7) Notwithstanding the requirements of paragraph (f)(3)(i), mobile
equipment designated and used only as emergency vehicles or ambulances,
may be operated in the primary escapeway without fire suppression
systems.

[[Page 580]]

(g) Except where separation of belt and trolley haulage entries from
designated escapeways did not exist before November 15, 1992, and except
as provided in Sec. 75.350(c), the primary escapeway must be separated
from belt and trolley haulage entries for its entire length, to and
including the first connecting crosscut outby each loading point except
when a greater or lesser distance for this separation is specified and
approved in the mine ventilation plan and does not pose a hazard to
miners.
(h) Alternate escapeway. One escapeway shall be designated as the
alternate escapeway. The alternate escapeway shall be separated from the
primary escapeway for its entire length, except that the alternate and
primary escapeways may be ventilated from a common intake air shaft or
slope opening.
(i) Mechanical escape facilities shall be provided and maintained
for--
(1) Each shaft that is part of a designated escapeway and is greater
than 50 feet in depth; and
(2) Each slope from the coal seam to the surface that is part of a
designated escapeway and is inclined more than 9 degrees from the
horizontal.
(j) Within 30 minutes after mine personnel on the surface have been
notified of an emergency requiring evacuation, mechanical escape
facilities provided under paragraph (i) of this section shall be
operational at the bottom of shaft and slope openings that are part of
escapeways.
(k) Except where automatically activated hoisting equipment is used,
the bottom of each shaft or slope opening that is part of a designated
escapeway shall be equipped with a means of signaling a surface location
where a person is always on duty when anyone is underground. When the
signal is activated or the evacuation of persons underground is
necessary, the person shall assure that mechanical escape facilities are
operational as required by paragraph (j) of this section.
(l)(1) Stairways or mechanical escape facilities shall be installed
in shafts that are part of the designated escapeways and that are 50
feet or less in depth, except ladders may be used in shafts that are
part of the designated escapeways and that are 5 feet or less in depth.
(2) Stairways shall be constructed of concrete or metal, set on an
angle not to exceed 45 degrees from the horizontal, and equipped on the
open side with handrails. In addition, landing platforms that are at
least 2 feet by 4 feet shall be installed at intervals not to exceed 20
vertical feet on the stairways and equipped on the open side with
handrails.
(3) Ladders shall be constructed of metal, anchored securely, and
set on an angle not to exceed 60 degrees from the horizontal.
(m) A travelway designed to prevent slippage shall be provided in
slope and drift openings that are part of designated escapeways, unless
mechanical escape facilities are installed.

[61 FR 9829, Mar. 11, 1996; 61 FR 20877, May 8, 1996, as amended at 61
FR 55527, Oct. 25, 1996; 69 FR 17530, Apr. 2, 2004; 71 FR 12269, Mar. 9,
2006; 71 FR 71452, Dec. 8, 2006; 73 FR 80613, Dec. 31, 2008]

Sec. 75.381 Escapeways; anthracite mines.

(a) Except as provided in Sec. Sec. 75.385 and 75.386, at least two
separate and distinct travelable passageways shall be designated as
escapeways and shall meet the requirements of this section.
(b) Escapeways shall be provided from each working section
continuous to the surface.
(c) Each escapeway shall be--
(1) Maintained in a safe condition to always assure passage of
anyone, including disabled persons;
(2) Clearly marked to show the route of travel to the surface;
(3) Provided with ladders, stairways, ramps, or similar facilities
where the escapeways cross over obstructions; and
(4) Maintained at least 4 feet wide by 5 feet high. If the pitch or
thickness of the coal seam does not permit these dimensions to be
maintained other dimensions may be approved in the ventilation plan.
(5) Provided with a continuous, durable directional lifeline or
equivalent device that shall be--
(i) Installed and maintained throughout the entire length of each
escapeway as defined in paragraph (b) of this section;

[[Page 581]]

(ii) Flame-resistant in accordance with the requirements of part 18
of this chapter upon replacement of existing lifelines; but in no case
later than June 15, 2009;
(iii) Marked with a reflective material every 25 feet;
(iv) Located in such a manner for miners to use effectively to
escape;
(v) Equipped with one directional indicator cone securely attached
to the lifeline, signifying the route of escape, placed at intervals not
exceeding 100 feet. Cones shall be installed so that the tapered section
points inby;
(vi) Equipped with one sphere securely attached to the lifeline at
each intersection where personnel doors are installed in adjacent
crosscuts;
(vii) Equipped with two securely attached cones, installed
consecutively with the tapered section pointing inby, to signify an
attached branch line is immediately ahead.
(A) A branch line leading from the lifeline to an SCSR cache will be
marked with four cones with the base sections in contact to form two
diamond shapes. The cones must be placed within reach of the lifeline.
(B) A branch line leading from the lifeline to a refuge alternative
will be marked with a rigid spiraled coil at least eight inches in
length. The spiraled coil must be placed within reach of the lifeline.
(d) Surface openings shall be adequately protected to prevent
surface fires, fumes, smoke, and flood water from entering the mine.
(e) Primary escapeway. One escapeway that shall be ventilated with
intake air shall be designated as the primary escapeway. The primary
escapeway shall have a higher ventilation pressure than the belt entry
unless the mine operator submits an alternative in the mine ventilation
plan to protect the integrity of the primary escapeway, based on mine
specific conditions, which is approved by the district manager.
(f) Alternate escapeway. One escapeway that shall be designated as
the alternate escapeway shall be separated from the primary escapeway
for its entire length.
(g) Mechanical escape facilities shall be provided--
(1) For each shaft or slope opening that is part of a primary
escapeway; and
(2) For slopes that are part of escapeways, unless ladders are
installed.
(h) Within 30 minutes after mine personnel on the surface have been
notified of an emergency requiring evacuation, mechanical escape
facilities shall be operational at the bottom of each shaft and slope
opening that is part of an escapeway.
(i) Except where automatically activated hoisting equipment is used,
the bottom of each shaft or slope opening that is part of a primary
escapeway shall be equipped with a means of signaling a surface location
where a person is always on duty when anyone is underground. When the
signal is activated or the evacuation of personnel is necessary, the
person on duty shall assure that mechanical escape facilities are
operational as required by paragraph (h) of this section.

[61 FR 9829, Mar. 11, 1996, as amended at 71 FR 12269, Mar. 9, 2006; 71
FR 71452, Dec. 8, 2006; 73 FR 80614, Dec. 31, 2008]

Sec. 75.382 Mechanical escape facilities.

(a) Mechanical escape facilities shall be provided with overspeed,
overwind, and automatic stop controls.
(b) Every mechanical escape facility with a platform, cage, or other
device shall be equipped with brakes that can stop the fully loaded
platform, cage, or other device.
(c) Mechanical escape facilities, including automatic elevators,
shall be examined weekly. The weekly examination of this equipment may
be conducted at the same time as a daily examination required by Sec.
75.1400-3.
(1) The weekly examination shall include an examination of the
headgear, connections, links and chains, overspeed and overwind
controls, automatic stop controls, and other facilities.
(2) At least once each week, the hoist shall be run through one
complete cycle of operation to determine that it is operating properly.
(d) A person trained to operate the mechanical escape facility
always shall

[[Page 582]]

be available while anyone is underground to provide the mechanical
escape facilities, if required, to the bottom of each shaft and slope
opening that is part of an escapeway within 30 minutes after personnel
on the surface have been notified of an emergency requiring evacuation.
However, no operator is required for automatically operated cages,
platforms, or elevators.
(e) Mechanical escape facilities shall have rated capacities
consistent with the loads handled.
(f) Manually-operated mechanical escape facilities shall be equipped
with indicators that accurately and reliably show the position of the
facility.
(g) Certification. The person making the examination as required by
paragraph (c) of this section shall certify by initials, date, and the
time that the examination was made. Certifications shall be made at or
near the facility examined.

Sec. 75.384 Longwall and shortwall travelways.

(a) If longwall or shortwall mining systems are used and the two
designated escapeways required by Sec. 75.380 are located on the
headgate side of the longwall or shortwall, a travelway shall be
provided on the tailgate side of that longwall or shortwall. The
travelway shall be located to follow the most direct and safe practical
route to a designated escapeway.
(b) The route of travel shall be clearly marked.
(c) When a roof fall or other blockage occurs that prevents travel
in the travelway--
(1) Work shall cease on the longwall or shortwall face;
(2) Miners shall be withdrawn from face areas to a safe area outby
the section loading point; and
(3) MSHA shall be notified.
(d) Work may resume on the longwall or shortwall face after the
procedures set out in Sec. Sec. 75.215 and 75.222 are implemented.

Sec. 75.385 Opening new mines.

When new mines are opened, no more than 20 miners at a time shall be
allowed in any mine until a connection has been made between the mine
openings, and these connections shall be made as soon as possible.

Sec. 75.386 Final mining of pillars.

When only one mine opening is available due to final mining of
pillars, no more than 20 miners at a time shall be allowed in the mine,
and the distance between the mine opening and working face shall not
exceed 500 feet.

Sec. 75.388 Boreholes in advance of mining.

(a) Boreholes shall be drilled in each advancing working place when
the working place approaches--
(1) To within 50 feet of any area located in the mine as shown by
surveys that are certified by a registered engineer or registered
surveyor unless the area has been preshift examined;
(2) To within 200 feet of any area located in the mine not shown by
surveys that are certified by a registered engineer or registered
surveyor unless the area has been preshift examined; or
(3) To within 200 feet of any mine workings of an adjacent mine
located in the same coalbed unless the mine workings have been preshift
examined.
(b) Boreholes shall be drilled as follows:
(1) Into the working face, parallel to the rib, and within 3 feet of
each rib.
(2) Into the working face, parallel to the rib, and at intervals
across the face not to exceed 8 feet.
(3) At least 20 feet in depth in advance of the working face, and
always maintained to a distance of 10 feet in advance of the working
face.
(c) Boreholes shall be drilled in both ribs of advancing working
places described in paragraph (a) of this section unless an alternative
drilling plan is approved by the District Manager in accordance with
paragraph (g) of this section. These boreholes shall be drilled--
(1) At an angle of 45 degrees to the direction of advance;
(2) At least 20 feet in depth; and
(3) At intervals not to exceed 8 feet.
(d) When a borehole penetrates an area that cannot be examined, and
before mining continues, a certified person shall, if possible,
determine--
(1) The direction of airflow in the borehole;

[[Page 583]]

(2) The pressure differential between the penetrated area and the
mine workings;
(3) The concentrations of methane, oxygen, carbon monoxide, and
carbon dioxide; and
(4) Whether water is impounded within the penetrated area.
(e) Unless action is taken to dewater or to ventilate penetrated
areas, boreholes shall be plugged with wooden plugs or similar devices
when--
(1) Tests conducted at the boreholes show that the atmosphere in the
penetrated area contains more than 1.0 percent methane, less than 19.5
percent oxygen, or harmful concentrations of carbon monoxide, carbon
dioxide or other explosive, harmful or noxious gases;
(2) Tests for methane, oxygen, carbon monoxide, and carbon dioxide
cannot be made because air from mine workings is flowing into the
penetrated area; or
(3) Water is discharging through the boreholes from the penetrated
area into the mine workings.
(f) If mining is to be conducted within 50 feet above or below an
inaccessible area of another mine, boreholes shall be drilled, as
necessary, according to a plan approved by the district manager.
(g) Alternative borehole patterns that provide the same protection
to miners as the pattern established by paragraphs (b) and (c) of this
section may be used under a plan approved by the district manager.

Sec. 75.389 Mining into inaccessible areas.

(a) (1) The operator shall develop and follow a plan for mining into
areas penetrated by boreholes drilled under Sec. 75.388.
(2) Mining shall not resume into any area penetrated by boreholes
until conditions in the penetrated area can be determined under Sec.
75.388 and the plan for mining-through into the area has been approved
by the district manager.
(3) A copy of the procedures to be followed shall be posted near the
site of the mining-through operations and the operator shall explain
these procedures to all miners involved in the operations.
(b) The procedures specified in the plan shall include--
(1) The method of ventilation, ventilation controls, and the air
quantities and velocities in the affected working section and working
place;
(2) Dewatering procedures to be used if a penetrated area contains a
water accumulation; and
(3) The procedures and precautions to be followed during mining-
through operations.
(c) Except for routine mining-through operations that are part of a
retreat section ventilation system approved in accordance with Sec.
75.371(f) and (x), the following provisions shall apply:
(1) Before and during mining-through operations, a certified person
shall perform air quality tests at intervals and at locations necessary
to protect the safety of the miners.
(2) During mining-through operations, only persons involved in these
operations shall be permitted in the mine; and
(3) After mining-through, a certified person shall determine that
the affected areas are safe before any persons enter the underground
areas of the mine.

Subpart E_Combustible Materials and Rock Dusting

Sec. 75.400 Accumulation of combustible materials.

Coal dust, including float coal dust deposited on rock-dusted
surfaces, loose coal, and other combustible materials, shall be cleaned
up and not be permitted to accumulate in active workings, or on diesel-
powered and electric equipment therein.

[61 FR 55527, Oct. 25, 1996]

Sec. 75.400-1 Definitions.

(a) The term coal dust means particles of coal that can pass a No.
20 sieve.
(b) The term float coal dust means the coal dust consisting of
particles of coal that can pass a No. 200 sieve.
(c) The term loose coal means coal fragments larger in size than
coal dust.

[[Page 584]]

Sec. 75.400-2 Cleanup program.

A program for regular cleanup and removal of accumulations of coal
and float coal dusts, loose coal, and other combustibles shall be
established and maintained. Such program shall be available to the
Secretary or authorized representative.

Sec. 75.401 Abatement of dust; water or water with a wetting agent.

[Statutory Provision]

Where underground mining operations in active workings create or
raise excessive amounts of dust, water or water with a wetting agent
added to it, or other no less effective methods approved by the
Secretary or his authorized representative, shall be used to abate such
dust. In working places, particularly in distances less than 40 feet
from the face, water, with or without a wetting agent, or other no less
effective methods approved by the Secretary or his authorized
representative, shall be applied to coal dust on the ribs, roof, and
floor to reduce dispersibility and to minimize the explosion hazard.

Sec. 75.401-1 Excessive amounts of dust.

The term ``excessive amounts of dust'' means coal and float coal
dust in the air in such amounts as to create the potential of an
explosion hazard.

Sec. 75.402 Rock dusting.

[Statutory Provision]

All underground areas of a coal mine, except those areas in which
the dust is too wet or too high in incombustible content to propagate an
explosion, shall be rock dusted to within 40 feet of all working faces,
unless such areas are inaccessible or unsafe to enter or unless the
Secretary or his authorized representative permits an exception upon his
finding that such exception will not pose a hazard to the miners. All
crosscuts that are less than 40 feet from a working face shall also be
rock dusted.

Sec. 75.402-1 Definition.

The term too wet means that sufficient natural moisture is retained
by the dust that when a ball of finely divided material is squeezed in
the hands water is exuded.

Sec. 75.402-2 Exceptions.

Exceptions granted under Sec. 75.402 by the Secretary or his
authorized representative shall be reviewed periodically.

Sec. 75.403 Maintenance of incombustible content of rock dust.

Where rock dust is required to be applied, it shall be distributed
upon the top, floor, and sides of all underground areas of a coal mine
and maintained in such quantities that the incombustible content of the
combined coal dust, rock dust, and other dust shall be not less than 80
percent. Where methane is present in any ventilating current, the
percent of incombustible content of such combined dust shall be
increased 0.4 percent for each 0.1 percent of methane.

[75 FR 57857, Sept. 23, 2010; 76 FR 35978, June 21, 2011]

Sec. 75.403-1 Incombustible content.

Moisture contained in the combined coal dust, rock dust and other
dusts shall be considered as a part of the incombustible content of such
mixture.

Sec. 75.404 Exemption of anthracite mines.

[Statutory Provision]

Sections 75.401, 75.402, and 75.403 shall not apply to underground
anthracite mines.

Subpart F_Electrical Equipment_General

Sec. 75.500 Permissible electric equipment.

[Statutory Provision]

On and after March 30, 1971:
(a) All junction or distribution boxes used for making multiple
power connections inby the last open crosscut shall be permissible;
(b) All handheld electric drills, blower and exhaust fans, electric
pumps, and such other low horsepower electric face equipment as the
Secretary may

[[Page 585]]

designate on or before May 30, 1970, which are taken into or used inby
the last open crosscut of any coal mine shall be permissible;
(c) All electric face equipment which is taken into or used inby the
last open crosscut of any coal mine classified under any provision of
law as gassy prior to March 30, 1970, shall be permissible; and
(d) All other electric face equipment which is taken into or used
inby the last crosscut of any coal mine, except a coal mine referred to
in Sec. 75.501, which has not been classified under any provision of
law as a gassy mine prior to March 30, 1970, shall be permissible.

Sec. 75.500-1 Other low horsepower electric face equipment.

Other low horsepower electric face equipment designated pursuant to
the provisions of Sec. 75.500(b) is all other electric-driven mine
equipment, except low horsepower rock dusting equipment, and employs an
electric current supplied by either a power conductor or battery and
consumes not more than 2,250 watts of electricity and which is taken
into or used inby the last open crosscut.

Sec. 75.501 Permissible electric face equipment; coal seams
above water table.

[Statutory Provision]

On and after March 30, 1974, all electric face equipment, other than
equipment referred to in paragraph (b) of Sec. 75.500, which is taken
into and used inby the last open crosscut of any coal mine which is
operated entirely in coal seams located above the water table and which
has not been classified under any provision of law as a gassy mine prior
to March 30, 1970, and in which one or more openings were made prior to
December 30, 1969, shall be permissible.

Sec. 75.501-1 Coal seams above the water table.

As used in Sec. 75.501, the phrase ``coal seams above the water
table'' means coal seams in a mine which are located at an elevation
above a river or the tributary of a river into which a local surface
water system naturally drains.

Sec. 75.501-2 Permissible electric face equipment.

(a) On and after March 30, 1971, in mines operated entirely in coal
seams which are located at elevations above the water table:
(1) All junction or distribution boxes used for making multiple
power connections inby the last open crosscut shall be permissible; and
(2) All handheld electric drills, blower and exhaust fans, electric
pumps, and all other electric-driven mine equipment, except low
horsepower rock dusting equipment, that employs an electric current
supplied by either a power conductor or battery and consumes not more
than 2,250 watts of electricity, which is taken into or used inby the
last open crosscut shall be permissible.
(b) On and after March 30, 1974, in mines operated entirely in coal
seams which are located at elevations above the water table, all
electric face equipment which is taken into or used inby the last
crosscut shall be permissible.

Sec. 75.501-3 New openings; mines above water table and never classed gassy.

(a) Where a new opening(s) is proposed to be developed by shaft,
slope, or drift from the surface to, or in, any coalbed and the operator
considers such proposed new opening(s) to be a part of a mine coming
under section 305(a)(2) of the Act and Sec. 75.501 the operator shall
so notify the District Manager for the District in which the mine is
located in writing prior to the date any actual development (in coal)
through such opening(s) is undertaken. Such notification shall include
the following information:
(1) Name, address, and identification number of the existing mine.
(2) A current map of the existing mine clearly setting out the
proposed new opening(s), mining plan and planned interconnection, if
any, with existing workings.
(3) A statement as to when the operator obtained the right to mine
the coal which the proposed new opening(s) will traverse.
(4) The name of the coalbeds currently being mined and those which
the new opening(s) will traverse.

[[Page 586]]

(5) The expected life of the mine.
(6) The reason(s) for the proposed new opening(s) (for example,
haulage, ventilation, drainage, to avoid bad roof, escapeway).

The District Manager shall require submission of any additional
information he considers pertinent.
(b) The District Manager shall make a determination based on all of
the information submitted by the operator as to whether the proposed new
opening(s) will be considered as a part of the existing mine or as a new
mine. The following guidelines and criteria shall be used by the
District Manager in making his determination:
(1) The effect that the proposed new opening(s) will have on the
safety of the men working in the existing mine shall be considered of
primary importance.
(2) Whether the operator had a right to mine the coal which the
proposed new openings will traverse prior to the date of enactment of
the Act (December 30, 1969) and whether the original mining plan
included mining such coal.
(3) Whether, in accordance with the usual mining practices common to
the particular district, the proposed new openings would have been
considered a new mine or part of the existing mine. A number of factors
will be considered including, but not limited to:
(i) The relationship between the coalbeds currently being mined, and
those proposed to be mined;
(ii) The distance between existing openings and the proposed new
opening(s);
(iii) The projected time elapsing between the start of the new
opening(s) and planned interconnection, if any, with the existing mine;
and
(iv) The projected tonnage of coal which is expected to be mined
prior to interconnection where interconnection is planned.

The District Manager shall notify the operator in writing within 30 days
of receiving all of the information, required and requested, of his
determination. No informal notification shall be given.
(c) All new opening(s) shall be operated as a new mine prior to
receiving a written notification from the District Manager that such new
opening(s) will be considered part of an existing mine coming under
section 305(a)(2) of the Act and Sec. 75.501.
(d) Nothing in this Sec. 75.501-3 shall be construed to relieve the
operator from compliance with any of the mandatory standards contained
in this Part 75.

[37 FR 8949, May 3, 1972]

Sec. 75.502 Permits for noncompliance.

An operator need not comply with paragraph (d) of Sec. 75.500 or
with Sec. 75.501 during the period of time specified in a permit issued
by the Interim Compliance Panel established by the Act.

Sec. 75.503 Permissible electric face equipment; maintenance.

[Statutory Provisions]

The operator of each coal mine shall maintain in permissible
condition all electric face equipment required by Sec. Sec. 75.500,
75.501, 75.504 to be permissible which is taken into or used inby the
last open crosscut of any such mine.

Sec. 75.503-1 Statement listing all electric face equipment.

Each operator of a coal mine shall complete and file Mine Safety and
Health Administration Form No. 6-1496 entitled ``Coal Operator's
Electrical Survey'' and Form 6-1496 Supplemental entitled ``Operator's
Survey of Electrical Face Equipment.'' Forms may be obtained from any
MSHA Coal Mine Safety and Health district office. Separate forms shall
be filed for each mine. Copies one and two of the completed form shall
be filed with the Coal Mine District Manager for the district in which
each mine is located on or before May 30, 1970. An operator must list
all electric face equipment being used at each mine as of the time of
filing, all such equipment being repaired, and all standby electric
equipment stored at or in the mine which the operator intends to use as
face equipment.

[35 FR 17890, Nov. 20, 1970, as amended at 71 FR 16668, Apr. 3, 2006]

Sec. 75.504 Permissibility of new, replacement, used, reconditioned,
additional, and rebuilt electric face equipment.

On and after March 30, 1971, all new, replacement, used,
reconditioned, and

[[Page 587]]

additional electric face equipment used in any mine referred to in
Sec. Sec. 75.500, 75.501, and 75.503 shall be permissible and shall be
maintained in a permissible condition, and in the event of any major
overhaul of any item of electric face equipment in use on or after March
30, 1971, such equipment shall be put in, and thereafter maintained in,
a permissible condition, unless in the opinion of the Secretary, such
equipment or necessary replacement parts are not available.

[38 FR 4975, Feb. 23, 1973]

Sec. 75.505 Mines classed gassy; use and maintenance of permissible
electric face equipment.

[Statutory Provision]

Any coal mine which, prior to March 30, 1970, was classed gassy
under any provision of law and was required to use permissible electric
face equipment and to maintain such equipment in a permissible condition
shall continue to use such equipment and to maintain such equipment in
such condition.

Sec. 75.506 Electric face equipment; requirements for permissibility.

(a) Electric-driven mine equipment and accessories manufactured on
or after March 30, 1973, will be permissible electric face equipment
only (1) if they are fabricated, assembled, or built under an approval,
or any extension thereof, issued by the Bureau of Mines or the Mine
Safety and Health Administration in accordance with schedule 2G, or any
subsequent Bureau of Mines schedule promulgated by the Secretary after
March 30, 1970, which amends, modifies, or supersedes the permissibility
requirements of schedule 2G, and (2) if they are maintained in a
permissible condition.
(b) Except as provided in paragraph (c) of this Sec. 75.506
electric-driven mine equipment and accessories manufactured prior to
March 30, 1973, will be permissible electric face equipment (1) if they
were fabricated, assembled, or built under an approval, or any extension
thereof, issued by the Bureau of Mines in accordance with the schedules
set forth below, and (2) if they are maintained in a permissible
condition.

Bureau of Mines Schedule 2D, May 23, 1936;
Bureau of Mines Schedule 2E, February 15, 1945;
Bureau of Mines Schedule 2F, August 3, 1955; and
Bureau of Mines Schedule 2G, March 19, 1968.

Copies of these schedules are available at all MSHA Coal Mine Safety and
Health district offices.
(c) Electric driven mine equipment and accessories bearing the
Bureau of Mines approval numbers listed in Appendix A to this subpart
are permissible electric face equipment only if they are maintained in a
permissible condition.
(d) The following equipment will be permissible electric face
equipment only if it is approved under the appropriate parts of this
chapter, or former Bureau of Mines' approval schedules, and if it is in
permissible condition:
(1) Multiple-Shot Blasting Units, part 7 subpart D;
(2) Electric Cap Lamps, part 19;
(3) Electric Mine Lamps Other than Standard Cap Lamps, part 20;
(4) Flame Safety Lamps;
(5) Portable Methane Detectors, part 22;
(6) Telephone and Signaling Devices, part 23;
(7) Single-Shot Blasting Units;
(8) Lighting Equipment for Illuminating Underground Workings;
(9) Methane-Monitoring Systems, part 27; and
(10) Continuous Duty, Warning Light, Portable Methane Detectors, 30
CFR part 29 contained in the 30 CFR, parts 1-199, edition, revised as of
July 1, 1999.

[35 FR 17890, Nov. 20, 1970, as amended at 63 FR 47119, Sept. 3, 1998;
64 FR 43283, Aug. 10, 1999; 71 FR 16668, Apr. 3, 2006]

Sec. 75.506-1 Electric face equipment; permissible condition;
maintenance requirements.

(a) Except as provided in paragraph (b) of this section, electric
face equipment which meets the requirements for permissibility set forth
in Sec. 75.506 will be considered to be in permissible condition only
if it is maintained so as to meet the requirements for permissibility
set forth in the Bureau of Mines schedule under which such electric face
equipment was initially approved, or, if the equipment has been
modified, it is

[[Page 588]]

maintained so as to meet the requirements of the schedule under which
such modification was approved.
(b) Electric face equipment bearing the Bureau of Mines approval
number listed in Appendix A of this subpart will be considered to be in
permissible condition only if it is maintained so as to meet the
requirements for permissibility set forth in Bureau of Mines Schedule 2D
or, if such equipment has been modified, it is maintained so as to meet
the requirements of the schedule under which the modification was
approved.
(c) Notwithstanding the provisions of paragraphs (a) and (b) of this
section, where the minimum requirements for permissibility set forth in
the appropriate Bureau of Mines schedule under which such equipment or
modifications were approved have been superseded by the requirements of
this Part 75, the latter requirements shall be applicable.

Sec. 75.507 Power connection points.

[Statutory Provisions]

Except where permissible power connection units are used, all power-
connection points outby the last open crosscut shall be in intake air.

Sec. 75.507-1 Electric equipment other than power-connection points;
outby the last open crosscut; return air; permissibility requirements.

(a) All electric equipment, other than power-connection points, used
in return air outby the last open crosscut in any coal mine shall be
permissible except as provided in paragraphs (b) and (c) of this
section.
(b) Notwithstanding the provisions of paragraph (a) of this section,
in any coal mine where nonpermissible electric face equipment may be
taken into or used inby the last open crosscut until March 30, 1974,
such nonpermissible electric face equipment may be used in return air
outby the last open crosscut.
(c) Notwithstanding the provisions of paragraph (a) of this section,
in any coal mine where a permit for noncompliance is in effect,
nonpermissible electric face equipment specified in such permit for
noncompliance may be used in return air outby the last open crosscut for
the duration of such permit.

[38 FR 4975, Feb. 23, 1973]

Sec. 75.508 Map of electrical system.

[Statutory Provisions]

The location and the electrical rating of all stationary electric
apparatus in connection with the mine electric system, including
permanent cables, switchgear, rectifying substations, transformers,
permanent pumps, and trolley wires and trolley feeder wires, and
settings of all direct-current circuit breakers protecting underground
trolley circuits, shall be shown on a mine map. Any changes made in a
location, electric rating, or setting shall be promptly shown on the map
when the change is made. Such map shall be available to an authorized
representative of the Secretary and to the miners in such mine.

Sec. 75.508-1 Mine tracks.

When mine track is used as a conductor of a trolley system, the
location of such track shall be shown on the map required by Sec.
75.508, with a notation of the number of rails and the size of such
track expressed in pounds per yard.

Sec. 75.508-2 Changes in electric system map; recording.

Changes made in the location, electrical rating or setting within
the mine electrical system shall be recorded on the map of such system
no later than the end of the next workday following completion of such
changes.

Sec. 75.509 Electric power circuit and electric equipment; deenergization.

[Statutory Provisions]

All power circuits and electric equipment shall be deenergized
before work is done on such circuits and equipment, except when
necessary for trouble shooting or testing.

[[Page 589]]

Sec. 75.510 Energized trolley wires; repair.

[Statutory Provisions]

Energized trolley wires may be repaired only by a person trained to
perform electrical work and to maintain electrical equipment and the
operator of a mine shall require that such person wear approved and
tested insulated shoes and wireman's gloves.

Sec. 75.510-1 Repair of energized trolley wires; training.

The training referred to in Sec. 75.510 must include training in
the repair and maintenance of live trolley wires, and in the hazards
involved in making such repairs, and in the limitations of protective
clothing used to protect against such hazards.

Sec. 75.511 Low-, medium-, or high-voltage distribution circuits
and equipment; repair.

[Statutory Provision]

No electrical work shall be performed on low-, medium-, or high-
voltage distribution circuits or equipment, except by a qualified person
or by a person trained to perform electrical work and to maintain
electrical equipment under the direct supervision of a qualified person.
Disconnecting devices shall be locked out and suitably tagged by the
persons who perform such work, except that in cases where locking out is
not possible, such devices shall be opened and suitably tagged by such
persons. Locks or tags shall be removed only by the persons who
installed them or, if such persons are unavailable, by persons
authorized by the operator or his agent.

Sec. 75.511-1 Qualified person.

To be a qualified person within the meaning of Sec. 75.511, an
individual must meet the requirements of Sec. 75.153.

Sec. 75.512 Electric equipment; examination, testing and maintenance.

[Statutory Provision]

All electric equipment shall be frequently examined, tested, and
properly maintained by a qualified person to assure safe operating
conditions. When a potentially dangerous condition is found on electric
equipment, such equipment shall be removed from service until such
condition is corrected. A record of such examinations shall be kept and
made available to an authorized representative of the Secretary and to
the miners in such mine.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]

Sec. 75.512-1 Qualified person.

To be a qualified person within the meaning of Sec. 75.512, an
individual must meet the requirements of Sec. 75.153.

Sec. 75.512-2 Frequency of examinations.

The examinations and tests required by Sec. 75.512 shall be made at
least weekly. Permissible equipment shall be examined to see that it is
in permissible condition.

Sec. 75.513 Electric conductor; capacity and insulation.

[Statutory Provision]

All electric conductors shall be sufficient in size and have
adequate current carrying capacity and be of such construction that a
rise in temperature resulting from normal operation will not damage the
insulating materials.

Sec. 75.513-1 Electric conductor; size.

An electric conductor is not of sufficient size to have adequate
carrying capacity if it is smaller than is provided for in the National
Electric Code, 1968. In addition, equipment and trailing cables that are
required to be permissible must meet the requirements of the appropriate
schedules of the Bureau of Mines.

Sec. 75.514 Electrical connections or splices; suitability.

[Statutory Provision]

All electrical connections or splices in conductors shall be
mechanically and electrically efficient, and suitable connectors shall
be used. All electrical connections or splices in insulated wire shall
be reinsulated at least to the same degree of protection as the
remainder of the wire.

[[Page 590]]

Sec. 75.515 Cable fittings; suitability.

[Statutory Provision]

Cables shall enter metal frames of motors, splice boxes, and
electric compartments only through proper fittings. When insulated wires
other than cables pass through metal frames, the holes shall be
substantially bushed with insulated bushings.

Sec. 75.516 Power wires; support.

[Statutory Provision]

All power wires (except trailing cables on mobile equipment,
specially designed cables conducting high-voltage power to underground
rectifying equipment or transformers, or bare or insulated ground and
return wires) shall be supported on well-insulated insulators and shall
not contact combustible material, roof, or ribs.

Sec. 75.516-1 Installed insulators.

Well-insulated insulators is interpreted to mean well-installed
insulators. Insulated J-hooks may be used to suspend insulated power
cables for temporary installation not exceeding 6 months and for
permanent installation of control cables such as may be used along belt
conveyors.

Sec. 75.516-2 Communication wires and cables; installation;
insulation; support.

(a) All communication wires shall be supported on insulated hangers
or insulated J-hooks.
(b) All communication cables shall be insulated as required by Sec.
75.517-1, and shall either be supported on insulated or uninsulated
hangers or J-hooks, or securely attached to messenger wires, or buried,
or otherwise protected against mechanical damage in a manner approved by
the Secretary or his authorized representative.
(c) All communication wires and cables installed in track entries
shall, except when a communication cable is buried in accordance with
paragraph (b) of this section, be installed on the side of the entry
opposite to trolley wires and trolley feeder wires. Additional
insulation shall be provided for communication circuits at points where
they pass over or under any power conductor.
(d) For purposes of this section, communication cable means two or
more insulated conductors covered by an additional abrasion-resistant
covering.

[38 FR 4975, Feb. 23, 1973]

Sec. 75.517 Power wires and cables; insulation and protection.

[Statutory Provisions]

Power wires and cables, except trolley wires, trolley feeder wires,
and bare signal wires, shall be insulated adequately and fully
protected.

Sec. 75.517-1 Power wires and cables; insulation and protection.

Power wires and cables installed on or after March 30, 1970, shall
have insulation with a dielectric strength at least equal to the voltage
of the circuit.

Sec. 75.517-2 Plans for insulation of existing bare power wires and cables.

(a) On or before December 31, 1970, plans for the insulation of
existing bare power wires and cables installed prior to March 30, 1970,
shall be filed with the District Manager of the Coal Mine Safety
District in which the mine is located to permit approval and prompt
implementation of such plans.
(b) The appropriate District Manager shall notify the operator in
writing of the approval of a proposed insulation plan. If revisions are
required for approval, the changes required will be specified.
(c) An insulation plan shall include the following information:
(1) Name and address of the company, the mine and the responsible
officials;
(2) Map or diagram indicating location of power wires and cables
required to be insulated;
(3) Total length of bare power wires and cables required to be
insulated;
(4) Schedule for the replacement or insulation of bare power wires
and cables;
(5) Type of insulation to be used and the voltage rating as
indicated by the manufacturer.
(d) The District Manager shall be guided by the following criteria
in approving insulation plans on a mine-by-

[[Page 591]]

mine basis. Insulation not conforming to these criteria may be approved
provided the operator can satisfy the Mine Safety and Health
Administration that the insulation will provide no less than the same
measure of protection.
(1) Insulation shall be adequate for the applied voltage of the
circuit.
(2) When tubing is used to insulate existing power wires and cables,
it shall have a dielectric strength at least equal to the voltage of the
circuit. When the tubing is split for purposes of installation, the
joints shall be effectively sealed. The butt ends may be sealed with a
moisture resistant insulating tape.
(3) When tape is used to insulate existing power wires and cables,
it shall be applied half-lapped and one thickness of the tape shall have
a dielectric strength at least equal to the voltage of the circuit. The
tape shall be self-adhesive and moisture resistant.

Sec. 75.518 Electric equipment and circuits; overload and
short circuit protection.

[Statutory Provision]

Automatic circuit-breaking devices or fuses of the correct type and
capacity shall be installed so as to protect all electric equipment and
circuits against short circuit and overloads. Three-phase motors on all
electric equipment shall be provided with overload protection that will
deenergize all three phases in the event that any phase is overloaded.

Sec. 75.518-1 Electric equipment and circuits; overload
and short circuit protection; minimum requirements.

A device to provide either short circuit protection or protection
against overload which does not conform to the provisions of the
National Electric Code, 1968, does not meet the requirement of Sec.
75.518. In addition, such devices on electric face equipment and
trailing cables that are required to be permissible must meet the
requirements of the applicable schedules of the Bureau of Mines.

Sec. 75.518-2 Incandescent lamps, overload and short circuit protection.

Incandescent lamps installed along haulageways and at other
locations, not contacting combustible material, and powered from trolley
or direct current feeder circuits, need not be provided with separate
short circuit or overload protection, if the lamp is not more than 8
feet in distance from such circuits.

Sec. 75.519 Main power circuits; disconnecting switches.

[Statutory Provision]

In all main power circuits, disconnecting switches shall be
installed underground within 500 feet of the bottoms of shafts and
boreholes through which main power circuits enter the underground area
of the mine and within 500 feet of all other places where main power
circuits enter the underground area of the mine.

Sec. 75.519-1 Main power circuits; disconnecting switches; locations.

Section 75.519 requires (a) that a disconnecting switch be installed
on the surface at a point within 500 feet of the place where the main
power circuit enters the underground area of a mine, and (b) that, in an
instance on which a main power circuit enters the underground area
through a shaft or borehole, a disconnecting switch be installed
underground within 500 feet of the bottom of the shaft or borehole.

Sec. 75.520 Electric equipment; switches.

[Statutory Provision]

All electric equipment shall be provided with switches or other
controls that are safely designed, constructed, and installed.

Sec. 75.521 Lightning arresters; ungrounded and exposed power conductors
and telephone wires.

Each ungrounded, exposed power conductor and each ungrounded,
exposed telephone wire that leads underground shall be equipped with
suitable lightning arresters of approved type within 100 feet of the
point where the circuit enters the mine. Lightning arresters shall be
connected to a low resistance

[[Page 592]]

grounding medium on the surface which shall be separated from neutral
grounds by a distance of not less than 25 feet.

[38 FR 4975, Feb. 23, 1973]

Sec. 75.522 Lighting devices.

[Statutory Provision]

No device for the purpose of lighting any coal mine which has not
been approved by the Secretary or his authorized representative shall be
permitted in such mine.

Sec. 75.522-1 Incandescent and fluorescent lamps.

(a) Except for areas of a coal mine inby the last open crosscut,
incandescent lamps may be used to illuminate underground areas. When
incandescent lamps are used in a track entry or belt entry or near track
entries to illuminate special areas other than structures, the lamps
shall be installed in weather-proof sockets located in positions such
that the lamps will not come in contact with any combustible material.
Lamps used in all other places must be of substantial construction and
be fitted with a glass enclosure.
(b) Incandescent lamps within glass enclosures or fluorescent lamps
may be used inside underground structures (except magazines used for the
storage of explosives and detonators). In underground structures
lighting circuits shall consist of cables installed on insulators or
insulated wires installed in metallic conduit or metallic armor.

Sec. 75.523 Electric face equipment; deenergization.

[Statutory Provision]

An authorized representative of the Secretary may require in any
mine that electric face equipment be provided with devices that will
permit the equipment to be deenergized quickly in the event of an
emergency.

Sec. 75.523-1 Deenergization of self-propelled electric face equipment
installation requirements.

(a) Except as provided in paragraphs (b) and (c) of this section,
all self-propelled electric face equipment which is used in the active
workings of each underground coal mine on and after March 1, 1973,
shall, in accordance with the schedule of time specified in paragraphs
(a) (1) and (2) of this section, be provided with a device that will
quickly deenergize the tramming motors of the equipment in the event of
an emergency. The requirements of this paragraph (a) shall be met as
follows:
(1) On and after December 15, 1974, for self-propelled cutting
machines, shuttle cars, battery-powered machines, and roof drills and
bolters;
(2) On and after February 15, 1975, for all other types of self-
propelled electric face equipment.
(b) Self-propelled electric face equipment that is equipped with a
substantially constructed cab which meets the requirements of this part,
shall not be required to be provided with a device that will quickly
deenergize the tramming motors of the equipment in the event of an
emergency.
(c) An operator may apply to the Director of Technical Support, Mine
Safety and Health Administration, Department of Labor, 201 12th Street
South, Arlington, VA 22202-5452; 202-693-9440; for approval of the
installation of devices to be used in lieu of devices that will quickly
deenergize the tramming motors of self-propelled electric face equipment
in the event of an emergency. The Director of Technical Support may
approve such devices if he determines that the performance thereof will
be no less effective than the performance requirements specified in
Sec. 75.523-2.

[38 FR 3407, Feb. 6, 1973, as amended at 39 FR 27557, July 30, 1974; 43
FR 12320, Mar. 24, 1978; 47 FR 28096, June 29, 1982; 67 FR 38386, June
4, 2002; 80 FR 52992, Sept. 2, 2015]

Sec. 75.523-2 Deenergization of self-propelled electric face equipment;
performance requirements.

(a) Deenergization of the tramming motors of self-propelled electric
face equipment, required by paragraph (a) of Sec. 75.523-1, shall be
provided by:
(1) Mechanical actuation of an existing pushbutton emergency
stopswitch,
(2) Mechanical actuation of an existing lever emergency stopswitch,
or
(3) The addition of a separate electromechanical switch assembly.

[[Page 593]]

(b) The existing emergency stopswitch or additional switch assembly
shall be actuated by a bar or lever which shall extend a sufficient
distance in each direction to permit quick deenergization of the
tramming motors of self-propelled electric face equipment from all
locations from which the equipment can be operated.
(c) Movement of not more than 2 inches of the actuating bar or lever
resulting from the application of not more than 15 pounds of force upon
contact with any portion of the equipment operator's body at any point
along the length of the actuating bar or lever shall cause
deenergization of the tramming motors of the self-propelled electric
face equipment.

[38 FR 3406, Feb. 6, 1973; 38 FR 4394, Feb. 14, 1973]

Sec. 75.523-3 Automatic emergency-parking brakes.

(a) Except for personnel carriers, rubber-tired, self-propelled
electric haulage equipment used in the active workings of underground
coal mines shall be equipped with automatic emergency-parking brakes in
accordance with the following schedule.
(1) On and after May 23, 1989--
(i) All new equipment ordered; and
(ii) All equipment originally furnished with or retrofitted with
automatic emergency-parking brakes which meet the requirements of this
section.
(2) On and after May 23, 1991, all other equipment.
(b) Automatic emergency-parking brakes shall--
(1) Be activated immediately by the emergency deenergization device
required by 30 CFR 75.523-1 and 75.523-2;
(2) Engage automatically within 5.0 seconds when the equipment is
deenergized;
(3) Safely bring the equipment when fully loaded to a complete stop
on the maximum grade on which it is operated;
(4) Hold the equipment stationary despite any contraction of brake
parts, exhaustion of any non-mechanical source of energy, or leakage;
and
(5) Release only by a manual control that does not operate any other
equipment function.
(c) Automatic emergency-parking brakes shall include a means in the
equipment operator's compartment to--
(1) Apply the brakes manually without deenergizing the equipment;
and
(2) Release and reengage the brakes without energizing the
equipment.
(d) On and after November 24, 1989, rubber-tired, self-propelled
electric face equipment not covered by paragraph (a) of this section
shall be equipped with a means incorporated on the equipment and
operable from each tramming station to hold the equipment stationary--
(1) On the maximum grade on which it is operated; and
(2) Despite any contraction of components, exhaustion of any non-
mechanical source of energy, or leakage.
(e) The brake systems required by paragraphs (a) or (d) of this
section shall be applied when the equipment operator is not at the
controls of the equipment, except during movement of disabled equipment.

[54 FR 12412, Mar. 24, 1989]

Sec. 75.524 Electric face equipment; electric equipment used in return air
outby the last open crosscut; maximum level of alternating or direct electric
current between frames of equipment.

The maximum level of alternating or direct electric current that
exists between the frames of any two units of electric face equipment
that come in contact with each other in the working places of a coal
mine, or between the frames of any two units of electric equipment that
come in contact with each other in return air outby the last open
crosscut, shall not exceed one ampere as determined from the voltage
measured across a 0.1 ohm resistor connected between the frames of such
equipment.

[38 FR 29998, Oct. 31, 1973]

[[Page 594]]

Sec. Appendix A to Subpart F of Part 75--List of Permissible Electric
Face Equipment Approved by the Bureau of Mines Prior to May 23, 1936

Motor-Driven Mine Equipment
(Approved Under Schedules 2, 2A, 2B, and 2C)
------------------------------------------------------------------------
Approval No. Date
------------------------------------------------------------------------
Air Compressors
------------------------------------------------------------------------
128...................................... March 21, 1927.
128A..................................... July 16, 1926.
------------------------------------------------------------------------
Coal Drills and Drilling Machines

Hand Drills
------------------------------------------------------------------------
109...................................... September 19, 1922.
154...................................... August 1, 1928.
184...................................... February 7, 1930.
227...................................... July 29, 1931.
254...................................... July 15, 1933.
------------------------------------------------------------------------
Post Drills
------------------------------------------------------------------------
119...................................... April 15, 1925.
119A..................................... Do.
225...................................... July 10, 1931.
225A..................................... Do.
228...................................... August 12, 1931.
228A..................................... February 17, 1932.
230...................................... August 20, 1931.
230A..................................... Do.
237...................................... December 1, 1931.
237A..................................... Do.
------------------------------------------------------------------------
Drilling Machines
------------------------------------------------------------------------
147...................................... February 8, 1928.
147A..................................... Do.
176...................................... September 9, 1929.
176A..................................... Do.
------------------------------------------------------------------------
Loading and Conveying Equipment

loading machines

Unmounted Type
------------------------------------------------------------------------
122...................................... January 8, 1926.
122A..................................... Do.
------------------------------------------------------------------------
Caterpillar-Mounted Type
------------------------------------------------------------------------
150...................................... May 11, 1928.
186...................................... March 15, 1930.
222...................................... May 8, 1931.
222A..................................... July 28, 1931.
229...................................... August 17, 1931.
229A..................................... Do.
235...................................... November 27, 1931.
235A..................................... October 29, 1931.
278...................................... January 17, 1935.
278A..................................... Do.
283A..................................... March 12, 1935.
284A..................................... Do.
285A..................................... Do.
294...................................... September 18, 1935.
300A..................................... May 6, 1936.
127...................................... July 16, 1926.
127A..................................... September 23, 1927.
------------------------------------------------------------------------
Track-Mounted Type
------------------------------------------------------------------------
194...................................... June 6, 1930.
194A..................................... Do.
217...................................... February 27, 1931.
217A..................................... Do.
276...................................... January 11, 1935.
277...................................... January 17, 1935.
282A..................................... March 12, 1935.
291A..................................... July 3, 1935.
------------------------------------------------------------------------
Pit-Car Loaders
------------------------------------------------------------------------
167...................................... March 27, 1929.
167A..................................... Do.
175...................................... July 26, 1929.
175A..................................... June 24, 1929.
250...................................... December 10, 1932.
250A..................................... Do.
252A..................................... February 20, 1933.
------------------------------------------------------------------------
Conveyors

Belt Type
------------------------------------------------------------------------
236...................................... November 19, 1931.
287A..................................... March 12, 1935.
296A..................................... January 6, 1936.
------------------------------------------------------------------------
Chain Type
------------------------------------------------------------------------
151...................................... May 19, 1928.
209...................................... December 2, 1930.
240...................................... March 12, 1932.
240A..................................... Do.
298A..................................... March 3, 1936.
------------------------------------------------------------------------
Power Units for Conveyors
------------------------------------------------------------------------
265...................................... February 12, 1934.
265A..................................... March 19, 1934.
390A..................................... March 23, 1934.
------------------------------------------------------------------------
Shaker Type
------------------------------------------------------------------------
247...................................... October 21, 1932.
257A..................................... August 11, 1933.
262A..................................... December 8, 1933.
271...................................... May 20, 1935.
271A..................................... October 17, 1934.
274A..................................... December 13, 1934.
286A..................................... March 12, 1935.
295...................................... September 20, 1935.
299A..................................... April 9, 1936.
------------------------------------------------------------------------
Scraper-type Loaders
------------------------------------------------------------------------
138...................................... August 5, 1927.
138A..................................... Do.
196...................................... September 29, 1930.
196A..................................... July 26, 1930.
226...................................... July 27, 1931.
255...................................... July 31, 1933.
256...................................... Do.
------------------------------------------------------------------------
Mining Machines, Machinery-Moving Equipment, Miscellaneous Trucks, and
Water Spray Supply Units

mining machines

Shortwall Machines
------------------------------------------------------------------------
103...................................... November 2, 1917.
103A..................................... Do.
105...................................... February 9, 1922.
105A..................................... Do.
106...................................... Do.

[[Page 595]]

106A..................................... Do.
107...................................... Do.
107A..................................... Do.
108...................................... Do.
108A..................................... Do.
111...................................... October 16, 1922.
111A..................................... Do.
113...................................... November 4, 1924.
113A..................................... Do.
114...................................... February 7, 1925.
114A..................................... Do.
115...................................... Do.
115A..................................... Do.
153...................................... July 31, 1928.
153A..................................... Do.
193...................................... June 3, 1930.
193A..................................... Do.
197...................................... July 31, 1930.
197A..................................... Do.
198...................................... August 1, 1930.
198A..................................... Do.
201...................................... September 8, 1930.
201A..................................... Do.
204...................................... October 13, 1930.
204A..................................... December 13, 1930.
223...................................... May 13, 1931.
223A..................................... Do.
241...................................... March 18, 1932.
241A..................................... Do.
258...................................... August 15, 1933.
259A..................................... August 16, 1933.
260A..................................... August 17, 1933.
273...................................... November 30, 1934.
288...................................... March 27, 1935.
288A..................................... Do.
292...................................... September 11, 1935.
292A..................................... Do.
293A..................................... Do.
------------------------------------------------------------------------
Longwall Machines
------------------------------------------------------------------------
185...................................... February 24, 1930.
185A..................................... Do.
218...................................... March 10, 1931.
218A..................................... Do.
246...................................... August 19, 1932.
246A..................................... Do.
261...................................... September 12, 1933.
------------------------------------------------------------------------
Track or caterpillar mounted
------------------------------------------------------------------------
112...................................... March 13, 1924.
112A..................................... Do.
118...................................... March 12, 1925.
118A..................................... Do.
125...................................... April 26, 1926.
125A..................................... Do.
172...................................... April 30, 1929.
172A..................................... Do.
188...................................... April 15, 1930.
188A..................................... Do.
207...................................... November 14, 1930.
207A..................................... Do.
216...................................... February 12, 1931.
216A..................................... Do.
231...................................... August 31, 1931.
231A..................................... Do.
242...................................... April 7, 1932.
244...................................... June 18, 1932.
244A..................................... September 20, 1932.
253A..................................... February 25, 1933.
267...................................... June 27, 1934.
268A..................................... July 25, 1934.
269A..................................... September 24, 1934.
280A..................................... March 4, 1935.
297...................................... January 27, 1936.
297A..................................... Do.
------------------------------------------------------------------------
Mine Pumps
------------------------------------------------------------------------
140...................................... November 1, 1927.
140A..................................... Do.
143...................................... Do.
143A..................................... Do.
144...................................... Do.
144A..................................... Do.
199...................................... August 18, 1930.
199A..................................... Do.
208...................................... November 29, 1930.
210...................................... December 15, 1930.
210A..................................... Do.
211...................................... December 17, 1930.
211A..................................... Do.
213...................................... December 29, 1930.
213A..................................... Do.
214...................................... January 2, 1931.
214A..................................... Do.
215...................................... Do.
215A..................................... Do.
248...................................... October 31, 1932.
248A..................................... November 23, 1932.
264...................................... January 31, 1934.
264A..................................... Do.
272...................................... October 23, 1934.
272A..................................... Do.
------------------------------------------------------------------------
Rock-Dusting Machines
------------------------------------------------------------------------
130...................................... November 5, 1926.
137...................................... July 2, 1927.
146...................................... January 20, 1928.
146A..................................... April 3, 1928.
180...................................... October 30, 1929.
180A..................................... January 17, 1930.
206...................................... November 12, 1930.
279...................................... February 14, 1935.
------------------------------------------------------------------------
Room and Car-Spotting Hoists
------------------------------------------------------------------------
116...................................... February 13, 1925.
116A..................................... Do.
164...................................... January 21, 1931.
164A..................................... Do.
165...................................... Do.
165A..................................... Do.
169...................................... April 5, 1929.
169A..................................... February 26, 1934.
190...................................... April 20, 1930.
251A..................................... January 16, 1933.
263...................................... January 11, 1934.
266A..................................... February 27, 1934.
------------------------------------------------------------------------
Storage-Battery Locomotives and Power Trucks

(Approved under Schedules 15, 2C, 2D, and 2E)

Gathering Locomotives
------------------------------------------------------------------------
1501..................................... October 11, 1921.
1502..................................... November 13, 1922.
1503..................................... March 24, 1923.
1505..................................... April 5, 1924.
1507..................................... August 20, 1925.
1508..................................... March 21, 1925.

[[Page 596]]

1509..................................... September 25, 1925.
1511..................................... November 10, 1925.
1512..................................... November 11, 1925.
1513..................................... February 25, 1926.
1516..................................... December 28, 1926.
1517..................................... February 10, 1927.
1520..................................... May 27, 1929.
1521..................................... June 13, 1930.
1522..................................... September 12, 1930.
1523..................................... December 19, 1930.
1525..................................... July 25, 1934.
1526..................................... December 20, 1935.
------------------------------------------------------------------------
Tandem Locomotive
------------------------------------------------------------------------
1518..................................... November 21, 1927.
------------------------------------------------------------------------
Power Trucks
------------------------------------------------------------------------
1506..................................... May 5, 1924.
1505A.................................... June 21, 1926.
1510C.................................... December 31, 1926.
1514..................................... December 18, 1926.
1515..................................... December 28, 1926.
1512C.................................... September 13, 1928.
1519C.................................... April 6, 1929.
1524C.................................... June 25, 1934.
------------------------------------------------------------------------
Junction, Distribution, and Splice Boxes

(Approved under Schedules 2D and 2E)

Junction Boxes
------------------------------------------------------------------------
400...................................... June 16, 1928.
400A..................................... August 5, 1925.
401...................................... May 11, 1927.
401A..................................... Do.
402...................................... Do.
402A..................................... Do.
403...................................... April 14, 1931.
403A..................................... Do.
405A..................................... December 4, 1933.
------------------------------------------------------------------------

Subpart G_Trailing Cables

Sec. 75.600 Trailing cables; flame resistance.

[Statutory Provisions]

Trailing cables used in coal mines shall meet the requirements
established by the Secretary for flame-resistant cables.

Sec. 75.600-1 Approved cables; flame resistance.

Cables shall be accepted or approved by MSHA as flame resistant.

[57 FR 61223, Dec. 23, 1992]

Sec. 75.601 Short circuit protection of trailing cables.

[Statutory Provisions]

Short circuit protection for trailing cables shall be provided by an
automatic circuit breaker or other no less effective device approved by
the Secretary of adequate current-interrupting capacity in each
ungrounded conductor. Disconnecting devices used to disconnect power
from trailing cables shall be plainly marked and identified and such
devices shall be equipped or designed in such a manner that it can be
determined by visual observation that the power is disconnected.

Sec. 75.601-1 Short circuit protection; ratings and settings
of circuit breakers.

Circuit breakers providing short circuit protection for trailing
cables shall be set so as not to exceed the maximum allowable
instantaneous settings specified in this section; however, higher
settings may be permitted by an authorized representative of the
Secretary when he has determined that special applications are
justified:

------------------------------------------------------------------------
Maximum allowable
circuit breaker
Conductor size AWG or MGM instantaneous
setting (amperes)
------------------------------------------------------------------------
14................................................. 50
12................................................. 75
10................................................. 150
8.................................................. 200
6.................................................. 300
4.................................................. 500
3.................................................. 600
2.................................................. 800
1.................................................. 1,000
1/0................................................ 1,250
2/0................................................ 1,500
3/0................................................ 2,000
4/0................................................ 2,500
250................................................ 2,500
300................................................ 2,500
350................................................ 2,500
400................................................ 2,500
450................................................ 2,500
500................................................ 2,500
------------------------------------------------------------------------

Sec. 75.601-2 Short circuit protection; use of fuses;
approval by the Secretary.

Fuses shall not be employed to provide short circuit protection for
trailing cables unless specifically approved by the Secretary.

[[Page 597]]

Sec. 75.601-3 Short circuit protection; dual element fuses; current ratings;
maximum values.

Dual element fuses having adequate current-interrupting capacity
shall meet the requirements for short circuit protection of trailing
cables as provided in Sec. 75.601, however, the current ratings of such
devices shall not exceed the maximum values specified in this section:

------------------------------------------------------------------------
Single conductor Two conductor
cable cable
-------------------------------------
Conductor size (AWG or MGM) Max. Max.
Ampacity fuse Ampacity fuse
rating rating
------------------------------------------------------------------------
14................................ ........ ....... 15 15
12................................ ........ ....... 20 20
10................................ ........ ....... 25 25
8................................. 60 60 50 50
6................................. 85 90 65 70
4................................. 110 110 90 90
3................................. 130 150 105 110
2................................. 150 150 120 125
1................................. 170 175 140 150
1/0............................... 200 200 170 175
2/0............................... 235 250 195 200
3/0............................... 275 300 225 225
4/0............................... 315 350 260 300
250............................... 350 350 285 300
300............................... 395 400 310 350
350............................... 445 450 335 350
400............................... 480 500 360 400
450............................... 515 600 385 400
500............................... 545 600 415 450
------------------------------------------------------------------------

Sec. 75.602 Trailing cable junctions.

[Statutory Provision]

When two or more trailing cables junction to the same distribution
center, means shall be provided to assure against connecting a trailing
cable to the wrong size circuit breaker.

Sec. 75.603 Temporary splice of trailing cable.

[Statutory Provision]

One temporary splice may be made in any trailing cable. Such
trailing cable may only be used for the next 24-hour period. No
temporary splice shall be made in a trailing cable within 25 feet of the
machine, except cable reel equipment. Temporary splices in trailing
cables shall be made in a workmanlike manner and shall be mechanically
strong and well insulated. Trailing cables or hand cables which have
exposed wires or which have splices that heat or spark under load shall
not be used. As used in this section, the term ``splice'' means the
mechanical joining of one or more conductors that have been severed.

Sec. 75.604 Permanent splicing of trailing cables.

[Statutory Provisions]

When permanent splices in trailing cables are made, they shall be:
(a) Mechanically strong with adequate electrical conductivity and
flexibility;
(b) Effectively insulated and sealed so as to exclude moisture; and
(c) Vulcanized or otherwise treated with suitable materials to
provide flame-resistant qualities and good bonding to the outer jacket.
(d) Made using splice kits accepted or approved by MSHA as flame
resistant.

[35 FR 17890, Nov. 20, 1970, as amended at 57 FR 61223, Dec. 23, 1992]

Sec. 75.605 Clamping of trailing cables to equipment.

[Statutory Provisions]

Trailing cables shall be clamped to machines in a manner to protect
the cables from damage and to prevent strain on the electrical
connections.

Sec. 75.606 Protection of trailing cables.

[Statutory Provisions]

Trailing cables shall be adequately protected to prevent damage by
mobile equipment.

Sec. 75.607 Breaking trailing cable and power cable connections.

[Statutory Provisions]

Trailing cable and power cable connections to junction boxes shall
not be made or broken under load.

Subpart H_Grounding

Sec. 75.700 Grounding metallic sheaths, armors, and conduits
enclosing power conductors.

[Statutory Provisions]

All metallic sheaths, armors, and conduits enclosing power
conductors shall be electrically continuous

[[Page 598]]

throughout and shall be grounded by methods approved by an authorized
representative of the Secretary.

Sec. 75.700-1 Approved methods of grounding.

Metallic sheaths, armors and conduits in resistance grounded systems
where the enclosed conductors are a part of the system will be approved
if a solid connection is made to the neutral conductor; in all other
systems, the following methods of grounding will be approved:
(a) A solid connection to a borehole casing having low resistance to
earth;
(b) A solid connection to metal waterlines having low resistance to
earth;
(c) A solid connection to a grounding conductor, other than the
neutral conductor of a resistance grounded system, extending to a low
resistance ground field located on the surface;
(d) Any other method of grounding, approved by an authorized
representative of the Secretary, which ensures that there is no
difference in potential between such metallic enclosures and the earth.

Sec. 75.701 Grounding metallic frames, casings, and other enclosures
of electric equipment.

[Statutory Provisions]

Metallic frames, casings, and other enclosures of electric equipment
that can become ``alive'' through failure of insulation or by contact
with energized parts shall be grounded by methods approved by an
authorized representative of the Secretary.

Sec. 75.701-1 Approved methods of grounding of equipment receiving power
from ungrounded alternating current power systems.

For purposes of grounding metallic frames, casings and other
enclosures of equipment receiving power from ungrounded alternating
current power systems, the following methods of grounding will be
approved:
(a) A solid connection between the metallic frame, casing, or other
metal enclosure and the grounded metallic sheath, armor, or conduit
enclosing the power conductor feeding the electrical equipment enclosed;
(b) A solid connection to a borehole casing having low resistance to
earth;
(c) A solid connection to metal waterlines having low resistance to
earth;
(d) A solid connection to a grounding conductor extending to a low
resistance ground field located on the surface;
(e) Any other method of grounding, approved by an authorized
representative of the Secretary, which ensures that there is no
difference in potential between such metal enclosures and the earth.

Sec. 75.701-2 Approved method of grounding metallic frames, casings and
other enclosures receiving power from single-phase 110-220-volt circuit.

In instances where single-phase 110-220-volt circuits are used to
feed electrical equipment, the only method of grounding that will be
approved is the connection of all metallic frames, casings and other
enclosures of such equipment to a separate grounding conductor which
establishes a continuous connection to a grounded center tap of the
transformer.

Sec. 75.701-3 Approved methods of grounding metallic frames, casings and
other enclosures of electric equipment receiving power from direct
current power systems with one polarity grounded.

For the purpose of grounding metallic frames, casings and enclosures
of any electric equipment or device-receiving power from a direct-
current power system with one polarity grounded, the following methods
of grounding will be approved:
(a) A solid connection to the mine track;
(b) A solid connection to the grounded power conductor of the
system;
(c) Silicon diode grounding; however, this method shall be employed
only when such devices are installed in accordance with the requirements
set forth in paragraph (d) of Sec. 75.703-3; and
(d) Any other method, approved by an authorized representative of
the Secretary, which insures that there is no difference in potential
between such metal enclosures and the earth.

[[Page 599]]

Sec. 75.701-4 Grounding wires; capacity of wires.

Where grounding wires are used to ground metallic sheaths, armors,
conduits, frames, casings, and other metallic enclosures, such grounding
wires will be approved if:
(a) The cross-sectional area (size) of the grounding wire is at
least one-half the cross-sectional area (size) of the power conductor
where the power conductor used is No. 6 A.W.G., or larger.
(b) Where the power conductor used is less than No. 6 A.W.G., the
cross-sectional area (size) of the grounding wire is equal to the cross-
sectional area (size) of the power conductor.

Sec. 75.701-5 Use of grounding connectors.

The attachment of grounding wires to a mine track or other grounded
power conductor will be approved if separate clamps, suitable for such
purpose, are used and installed to provide a solid connection.

Sec. 75.702 Protection other than grounding.

[Statutory Provisions]

Methods other than grounding which provide no less effective
protection may be permitted by the Secretary or his authorized
representative.

Sec. 75.702-1 Protection other than grounding; approved by an
authorized representative of the Secretary.

Under this subpart no method other than grounding may be used to
ensure against a difference in potential between metallic sheaths,
armors and conduits, enclosing power conductors and frames, casings and
metal enclosures of electric equipment, and the earth, unless approved
by an authorized representative of the Secretary.

Sec. 75.703 Grounding offtrack direct-current machines and the enclosures
of related detached components.

[Statutory Provisions]

The frames of all offtrack direct-current machines and the
enclosures of related detached components shall be effectively grounded,
or otherwise maintained at no less safe voltages, by methods approved by
an authorized representative of the Secretary.

Sec. 75.703-1 Approved method of grounding.

In instances where the metal frames both of an offtrack direct-
current machine and of the metal frames of its component parts are
grounded to the same grounding medium the requirements of Sec. 75.703
will be met.

Sec. 75.703-2 Approved grounding mediums.

For purposes of grounding offtrack direct-current machines, the
following grounding mediums are approved:
(a) The grounded polarity of the direct-current power system feeding
such machines; or,
(b) The alternating current grounding medium where such machines are
fed by an ungrounded direct-current power system originating in a
portable rectifier receiving its power from a section power center.
However, when such a medium is used, a separate grounding conductor must
be employed.

Sec. 75.703-3 Approved methods of grounding offtrack mobile,
portable and stationary direct-current machines.

In grounding offtrack direct-current machines and the enclosures of
their component parts, the following methods of grounding will meet the
requirements of Sec. 75.703:
(a) The use of a separate grounding conductor located within the
trailing cable of mobile and portable equipment and connected between
such equipment and the direct-current grounding medium;
(b) The use of a separate ground conductor located within the
direct-current power cable feeding stationary equipment and connected
between such stationary equipment and the direct-current grounding
medium;
(c) The use of a separate external ground conductor connected
between stationary equipment and the direct-current grounding medium;
or,
(d) The use of silicon diodes; however, the installation of such
devices shall meet the following minimum requirements:

[[Page 600]]

(1) Installation of silicon diodes shall be restricted to electric
equipment receiving power from a direct-current system with one polarity
grounded;
(2) Where such diodes are used on circuits having a nominal voltage
rating of 250, they must have a forward current rating of 400 amperes or
more, and have a peak inverse voltage rating of 400 or more;
(3) Where such diodes are used on circuits having a nominal voltage
rating of 550, they must have a forward current rating of 250 amperes or
more, and have a peak inverse voltage rating of 800 or more;
(4) Where fuses approved by the Secretary are used at the outby end
of a trailing cable connected to electrical equipment employing silicon
diodes, the rating of such fuses must not exceed 150 percent of the
nominal current rating of the grounding diodes;
(5) Where circuit breakers are used at the outby end of a trailing
cable connected to electrical equipment employing silicon diodes, the
instantaneous trip setting shall not exceed 300 percent of the nominal
current rating of the grounding diode;
(6) Overcurrent devices must be used and installed in such a manner
that the operating coil circuit of the main contactor will open when a
fault current with a value of 25 percent or less of the diode rating
flows through the diode;
(7) The silicon diode installed must be suitable to the grounded
polarity of the power system in which it is used and its threaded base
must be solidly connected to the machine frame on which it is installed;
(8) In addition to the grounding diode, a polarizing diode must be
installed in the machine control circuit to prevent operation of the
machine when the polarity of a trailing cable is reversed;
(9) When installed on permissible equipment, all grounding diodes,
overcurrent devices, and polarizing diodes must be placed in explosion
proof compartments;
(10) When grounding diodes are installed on a continuous miner,
their nominal diode current rating must be at least 750 amperes or more;
and,
(11) All grounding diodes shall be tested, examined and maintained
as electrical equipment in accordance with the provisions of Sec.
75.512.

Sec. 75.703-4 Other methods of protecting offtrack direct-current equipment;
approved by an authorized representative of the Secretary.

Other methods of maintaining safe voltage by preventing a difference
between the frames of offtract direct-current machines and the earth
must be approved by an authorized representative of the Secretary.

Sec. 75.704 Grounding frames of stationary high-voltage equipment receiving
power from ungrounded delta systems.

[Statutory Provisions]

The frames of all stationary high-voltage equipment receiving power
from ungrounded delta systems shall be grounded by methods approved by
an authorized representative of the Secretary.

Sec. 75.704-1 Approved methods of grounding.

The methods of grounding stated in Sec. 75.701-1 will also be
approved with respect to the grounding of frames of high-voltage
equipment referred to in Sec. 75.704.

Sec. 75.705 Work on high-voltage lines; deenergizing and grounding.

[Statutory Provisions]

High-voltage lines, both on the surface and underground, shall be
deenergized and grounded before work is performed on them, except that
repairs may be permitted, in the case of energized surface high-voltage
lines, if such repairs are made by a qualified person in accordance with
procedures and safeguards, including, but not limited to, a requirement
that the operator of such mine provide, test, and maintain protective
devices in making such repairs, to be prescribed by the Secretary prior
to March 30, 1970.

Sec. 75.705-1 Work on high-voltage lines.

(a) Section 75.705 specifically prohibits work on energized high-
voltage lines underground;

[[Page 601]]

(b) No high-voltage line, either on the surface or underground,
shall be regarded as deenergized for the purpose of performing work on
it, until it has been determined by a qualified person (as provided in
Sec. 75.153) that such high-voltage line has been deenergized and
grounded. Such qualified person shall by visual observation (1)
determine that the disconnecting devices on the high-voltage circuit are
in open position and (2) ensure that each ungrounded conductor of the
high-voltage circuit upon which work is to be done is properly connected
to the system-grounding medium. In the case of resistance grounded or
solid wye-connected systems, the neutral wire is the system-grounding
medium. In the case of an ungrounded power system, either the steel
armor or conduit enclosing the system or a surface grounding field is a
system grounding medium;
(c) No work shall be performed on any high-voltage line on the
surface which is supported by any pole or structure which also supports
other high-voltage lines until: (1) All lines supported on the pole or
structure are deenergized and grounded in accordance with all of the
provisions of this section which apply to the repair of energized
surface high-voltage lines; or (2) the provisions of Sec. Sec. 75.705-2
through 75.705-10 have been complied with, with respect to all lines,
which are supported on the pole or structure.
(d) Work may be performed on energized surface high-voltage lines
only in accordance with the provisions of Sec. Sec. 75.705-2 through
75.705-10, inclusive.

Sec. 75.705-2 Repairs to energized surface high-voltage lines.

An energized high-voltage surface line may be repaired only when
(a) The operator has determined that:
(1) Such repairs cannot be scheduled during a period when the power
circuit could be properly deenergized and grounded;
(2) Such repairs will be performed on power circuits with a phase-
to-phase nominal voltage no greater than 15,000 volts;
(3) Such repairs on circuits with a phase-to-phase nominal voltage
of 5,000 volts or more will be performed only with the use of live line
tools;
(4) Weather conditions will not interfere with such repairs or
expose those persons assigned to such work to an imminent danger; and
(b) The operator has designated a person qualified under the
provisions of Sec. 75.154 as the person responsible for carrying out
such repairs and such person, in order to ensure protection for himself
and other qualified persons assigned to perform such repairs from the
hazards of such repair, has prepared and filed with the operator:
(1) A general description of the nature and location of the damage
or defect to be repaired;
(2) The general plan to be followed in making such repairs;
(3) A statement that a briefing of all qualified persons assigned to
make such repairs was conducted informing them of the general plan,
their individual assignments, and the dangers inherent in such
assignments;
(4) A list of the proper protective equipment and clothing that will
be provided; and
(5) Such other information as the person designated by the operator
feels necessary to describe properly the means or methods to be employed
in such repairs.

Sec. 75.705-3 Work on energized high-voltage surface lines; reporting.

Any operator designating and assigning qualified persons to perform
repairs on energized high-voltage surface lines under the provisions of
Sec. 75.705-2 shall maintain a record of such repairs. Such record
shall contain a notation of the time, date, location, and general nature
of the repairs made, together with a copy of the information filed with
the operator by the qualified person designated as responsible for
performing such repairs.

Sec. 75.705-4 Simultaneous repairs.

When two or more persons are working on an energized high-voltage
surface line simultaneously, and any one of them is within reach of
another, such persons shall not be allowed to work on different phases
or on equipment with different potentials.

[[Page 602]]

Sec. 75.705-5 Installation of protective equipment.

Before repair work on energized high-voltage surface lines is begun,
protective equipment shall be used to cover all bare conductors, ground
wires, guys, telephone lines, and other attachments in proximity to the
area of planned repairs. Such protective equipment shall be installed
from a safe position below the conductors or other apparatus being
covered. Each rubber protective device employed in the making of repairs
shall have a dielectric strength of 20,000 volts, or more.

Sec. 75.705-6 Protective clothing; use and inspection.

All persons performing work on energized high-voltage surface lines
shall wear protective rubber gloves, sleeves, and climber guards if
climbers are worn. Protective rubber gloves shall not be worn wrong side
out or without protective leather gloves. Protective devices worn by a
person assigned to perform repairs on high-voltage surface lines shall
be worn continuously from the time he leaves the ground until he returns
to the ground, and, if such devices are employed for extended periods,
such person shall visually inspect the equipment assigned him for
defects before each use and, in no case, less than twice each day.

Sec. 75.705-7 Protective equipment; inspection.

Each person shall visually inspect protective equipment and clothing
provided him in connection with work on high-voltage surface lines
before using such equipment and clothing, and any equipment or clothing
containing any defect or damage shall be discarded and replaced with
proper protective equipment or clothing prior to the performance of any
electrical work on such lines.

Sec. 75.705-8 Protective equipment; testing and storage.

(a) All rubber protective equipment used on work on energized high-
voltage surface lines shall be electrically tested by the operator in
accordance with ASTM standards, Part 28, published February 1968, and
such testing shall be conducted in accordance with the following
schedule:
(1) Rubber gloves, once each month;
(2) Rubber sleeves, once every 3 months;
(3) Rubber blankets, once every 6 months;
(4) Insulator hoods and line hose, once a year; and
(5) Other electric protective equipment, once a year.
(b) Rubber gloves shall not be stored wrong side out. Blankets shall
be rolled when not in use, and line hose and insulator hoods shall be
stored in their natural position and shape.

Sec. 75.705-9 Operating disconnecting or cutout switches.

Disconnecting or cutout switches on energized high-voltage surface
lines shall be operated only with insulated sticks, fuse tongs, or
pullers which are adequately insulated and maintained to protect the
operator from the voltage to which he is exposed. When such switches are
operated from the ground, the person operating such devices shall wear
protective rubber gloves.

Sec. 75.705-10 Tying into energized high-voltage surface circuits.

If the work of forming an additional circuit by tying into an
energized high-voltage surface line is performed from the ground, any
person performing such work must wear and employ all of the protective
equipment and clothing required under the provisions of Sec. Sec.
75.705-5 and 75.705-6. In addition, the insulated stick used by such
person must have been designed for such purpose and must be adequately
insulated and be maintained to protect such person from the voltage to
which he is exposed.

Sec. 75.705-11 Use of grounded messenger wires; ungrounded systems.

Solely for purposes of grounding ungrounded high-voltage power
systems, grounded messenger wires used to suspend the cables of such
systems may be used as a grounding medium.

[[Page 603]]

Sec. 75.706 Deenergized underground power circuits; idle days--idle shifts.

[Statutory Provisions]

When not in use, power circuits underground shall be deenergized on
idle days and idle shifts, except that rectifiers and transformers may
remain energized.

Subpart I_Underground High-Voltage Distribution

Sec. 75.800 High-voltage circuits; circuit breakers.

[Statutory Provisions]

High-voltage circuits entering the underground area of any coal mine
shall be protected by suitable circuit breakers of adequate interrupting
capacity which are properly tested and maintained as prescribed by the
Secretary. Such breakers shall be equipped with devices to provide
protection against under-voltage grounded phase, short circuit, and
overcurrent.

Sec. 75.800-1 Circuit breakers; location.

Circuit breakers protecting high-voltage circuits entering an
underground area of any coal mine shall be located on the surface and in
no case installed either underground or within a drift.

Sec. 75.800-2 Approved circuit schemes.

The following circuit schemes will be regarded as providing the
necessary protection to the circuits required by Sec. 75.800:
(a) Ground check relays may be used for undervoltage protection if
the relay coils are designed to trip the circuit breaker when line
voltage decreases to 40 percent to 60 percent of the nominal line
voltage;
(b) Ground trip relays on resistance grounded systems will be
acceptable as grounded phase protection;
(c) One circuit breaker may be used to protect two or more branch
circuits, if the circuit breaker is adjusted to afford overcurrent
protection for the smallest conductor.

Sec. 75.800-3 Testing, examination and maintenance of circuit breakers;
procedures.

(a) Circuit breakers and their auxiliary devices protecting
underground high-voltage circuits shall be tested and examined at least
once each month by a person qualified as provided in Sec. 75.153;
(b) Tests shall include: (1) Breaking continuity of the ground check
conductor, where ground check monitoring is used; and
(2) Actuating at least two (2) of the auxiliary protective relays.
(c) Examination shall include visual observation of all components
of the circuit breaker and its auxiliary devices, and such repairs or
adjustments as are indicated by such tests and examinations shall be
carried out immediately.

Sec. 75.800-4 Testing, examination, and maintenance of circuit breakers;
record.

(a) Recordkeeping. The operator shall make a record of each test,
examination, repair, or adjustment of all circuit breakers protecting
high-voltage circuits which enter any underground area of the mine.
(b) Record security. These records shall be made in a secure book
that is not susceptible to alteration or electronically in a computer
system so as to be secure and not susceptible to alteration.
(c) Retention and access. These records shall be retained at a
surface location at the mine for at least one year and shall be made
available to authorized representatives of the Secretary, the
representative of miners, and other interested persons.

[64 FR 43287, Aug. 10, 1999]

Sec. 75.801 Grounding resistors.

[Statutory Provisions]

The grounding resistor, where required, shall be of the proper ohmic
value to limit the voltage drop in the grounding circuit external to the
resistor to not more than 100 volts under fault conditions. The
grounding resistor shall be rated for maximum fault current continuously
and insulated

[[Page 604]]

from ground for a voltage equal to the phase-to-phase voltage of the
system.

Sec. 75.802 Protection of high-voltage circuits extending underground.

(a) Except as provided in paragraph (b) of this section, high-
voltage circuits extending underground and supplying portable, mobile,
or, stationary high-voltage equipment shall contain either a direct or
derived neutral which shall be grounded through a suitable resistor at
the source transformers, and a grounding circuit, originating at the
grounded side of the grounding resistor, shall extend along with the
power conductors and serve as a grounding conductor for the frames of
all high-voltage equipment supplied power from that circuit.
(b) Notwithstanding the requirements of paragraph (a) of this
section, the Secretary or his authorized representative may permit
ungrounded high-voltage circuits to be extended underground to feed
stationary electric equipment if:
(1) Such circuits are either steel armored or installed in grounded,
rigid steel conduit throughout their entire length; or,
(2) The voltage of such circuits is nominally 2,400 volts or less
phase-to-phase and the cables used in such circuits are equipped with
metallic shields around each power conductor, and contain one or more
ground conductors having a total cross sectional area of not less than
one-half the power conductor; and,
(3) Upon a finding by the Secretary or his authorized representative
that the use of the circuits described in paragraphs (b) (1) and (2) of
this section does not pose a hazard to the miners.
(c) Within 100 feet of the point on the surface where high-voltage
circuits enter the underground portion of the mine, disconnecting
devices shall be installed and so equipped or designed in such a manner
that it can be determined by visual observation that the power is
disconnected, except that the Secretary or his authorized representative
may permit such devices to be installed at a greater distance from such
area of the mine if he determines, based on existing physical
conditions, that such installation will be more accessible at a greater
distance and will not pose any hazard to the miners.

[38 FR 4975, Feb. 23, 1973]

Sec. 75.803 Fail safe ground check circuits on high-voltage resistance
grounded systems.

[Statutory Provisions]

On and after September 30, 1970, high-voltage, resistance grounded
systems shall include a fail safe ground check circuit to monitor
continuously the grounding circuit to assure continuity and the fail
safe ground check circuit shall cause the circuit breaker to open when
either the ground or pilot check wire is broken, or other no less
effective device approved by the Secretary or his authorized
representative to assure such continuity, except that an extension of
time, not in excess of 12 months, may be permitted by the Secretary on a
mine-by-mine basis if he determines that such equipment is not
available.

Sec. 75.803-1 Maximum voltage ground check circuits.

The maximum voltage used for ground check circuits under Sec.
75.803 shall not exceed 96 volts.

Sec. 75.803-2 Ground check systems not employing pilot check wires;
approval by the Secretary.

Ground check systems not employing pilot check wires will be
approved only if it is determined that the system includes a fail safe
design causing the circuit breaker to open when ground continuity is
broken.

Sec. 75.804 Underground high-voltage cables.

(a) Underground high-voltage cables used in resistance grounded
systems shall be equipped with metallic shields around each power
conductor with one or more ground conductors having a total cross
sectional area of not less than one-half the power conductor, and with
an insulated external conductor not smaller than No. 8 (A.W.G.) or an
insulated internal ground check conductor not smaller than No. 10
(A.W.G.) for the ground continuity check circuit.

[[Page 605]]

(b) All such cables shall be adequate for the intended current and
voltage. Splices made in such cables shall provide continuity of all
components.

[38 FR 4976, Feb. 23, 1973]

Sec. 75.805 Couplers.

[Statutory Provisions]

Couplers that are used with medium-voltage or high-voltage power
circuits shall be of the three-phase type with a full metallic shell,
except that the Secretary may permit, under such guidelines as he may
prescribe, no less effective couplers constructed of materials other
than metal. Couplers shall be adequate for the voltage and current
expected. All exposed metal on the metallic couplers shall be grounded
to the ground conductor in the cable. The coupler shall be constructed
so that the ground check continuity conductor shall be broken first and
the ground conductors shall be broken last when the coupler is being
uncoupled.

Sec. 75.806 Connection of single-phase loads.

[Statutory Provisions]

Single-phase loads, such as transformer primaries, shall be
connected phase-to-phase.

Sec. 75.807 Installation of high-voltage transmission cables.

[Statutory Provisions]

All underground high-voltage transmission cables shall be installed
only in regularly inspected air courses and haulageways, and shall be
covered, buried, or placed so as to afford protection against damage,
guarded where men regularly work or pass under them unless they are 6\1/
2\ feet or more above the floor or rail, securely anchored, properly
insulated, and guarded at ends, and covered, insulated, or placed to
prevent contact with trolley wires and other low-voltage circuits.

Sec. 75.808 Disconnecting devices.

[Statutory Provisions]

Disconnecting devices shall be installed at the beginning of branch
lines in high-voltage circuits and equipped or designed in such a manner
that it can be determined by visual observation that the circuit is
deenergized when the switches are open.

Sec. 75.809 Identification of circuit breakers and disconnecting switches.

[Statutory Provisions]

Circuit breakers and disconnecting switches underground shall be
marked for identification.

Sec. 75.810 High-voltage trailing cables; splices.

[Statutory Provisions]

In the case of high-voltage cables used as trailing cables,
temporary splices shall not be used and all permanent splices shall be
made in accordance with Sec. 75.604. Terminations and splices in all
other high-voltage cables shall be made in accordance with the
manufacturer's specifications.

Sec. 75.811 High-voltage underground equipment; grounding.

[Statutory Provisions]

Frames, supporting structures and enclosures of stationary,
portable, or mobile underground high-voltage equipment and all high-
voltage equipment supplying power to such equipment receiving power from
resistance grounded systems shall be effectively grounded to the high-
voltage ground.

Sec. 75.812 Movement of high-voltage power centers
and portable transformers; permit.

[Statutory Provisions]

Power centers and portable transformers shall be deenergized before
they are moved from one location to another, except that, when equipment
powered by sources other than such centers or transformers is not
available, the Secretary may permit such centers and transformers to be
moved while energized, if he determines that another equivalent or
greater hazard may otherwise be created, and if they are moved under the
supervision of a qualified person, and if such centers and transformers
are examined prior to such movement by such person and

[[Page 606]]

found to be grounded by methods approved by an authorized representative
of the Secretary and otherwise protected from hazards to the miner. A
record shall be kept of such examinations. High-voltage cables, other
than trailing cables, shall not be moved or handled at any time while
energized, except that, when such centers and transformers are moved
while energized as permitted under this section, energized high-voltage
cables attached to such centers and transformers may be moved only by a
qualified person and the operator of such mine shall require that such
person wear approved and tested insulated wireman's gloves.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]

Sec. 75.812-1 Qualified person.

A person who meets the requirements of Sec. 75.153 is a qualified
person within the meaning of Sec. 75.812.

Sec. 75.812-2 High-voltage power centers and transformers;
record of examination.

The operator shall maintain a record of all examinations conducted
in accordance with Sec. 75.812. Such record shall be kept in a book
approved by the Secretary.

High-Voltage Longwalls

Source: 67 FR 11001, Mar. 11, 2002, unless otherwise noted.

Sec. 75.813 High-voltage longwalls; scope.

Sections 75.814 through 75.822 of this part are electrical safety
standards that apply to high-voltage longwall circuits and equipment.
All other existing standards in 30 CFR must also apply to these longwall
circuits and equipment where appropriate.

Sec. 75.814 Electrical protection.

(a) High-voltage circuits must be protected against short circuits,
overloads, ground faults, and undervoltages by circuit-interrupting
devices of adequate interrupting capacity as follows:
(1) Current settings of short-circuit protective devices must not
exceed the setting specified in approval documentation, or seventy-five
percent of the minimum available phase-to-phase short-circuit current,
whichever is less.
(2) Time-delay settings of short-circuit protective devices used to
protect any cable extending from the section power center to a motor-
starter enclosure must not exceed the settings specified in approval
documentation, or 0.25-second, whichever is less. Time delay settings of
short-circuit protective devices used to protect motor and shearer
circuits must not exceed the settings specified in approval
documentation, or 3 cycles, whichever is less.
(3) Ground-fault currents must be limited by a neutral grounding
resistor to not more than--
(i) 6.5 amperes when the nominal voltage of the power circuit is
2,400 volts or less; or
(ii) 3.75 amperes when the nominal voltage of the power circuit
exceeds 2,400 volts.
(4) High-voltage circuits extending from the section power center
must be provided with--
(i) Ground-fault protection set to cause deenergization at not more
than 40 percent of the current rating of the neutral grounding resistor;
(ii) A backup ground-fault detection device to cause deenergization
when a ground fault occurs with the neutral grounding resistor open; and
(iii) Thermal protection for the grounding resistor that will
deenergize the longwall power center if the resistor is subjected to a
sustained ground fault. The thermal protection must operate at either 50
percent of the maximum temperature rise of the grounding resistor, or
150 [deg]C (302 [deg]F), whichever is less, and must open the ground-
wire monitor circuit for the high-voltage circuit supplying the section
power center. The thermal protection must not be dependent upon control
power and may consist of a current transformer and overcurrent relay.
(5) High-voltage motor and shearer circuits must be provided with
instantaneous ground-fault protection set at not more than 0.125-ampere.
(6) Time-delay settings of ground-fault protective devices used to
provide coordination with the instantaneous ground-fault protection of
motor and

[[Page 607]]

shearer circuits must not exceed 0.25-second.
(7) Undervoltage protection must be provided by a device which
operates on loss of voltage to cause and maintain the interruption of
power to a circuit to prevent automatic restarting of the equipment.
(b) Current transformers used for the ground-fault protection
specified in paragraphs (a)(4)(i) and (5) of this section must be single
window-type and must be installed to encircle all three phase
conductors. Equipment safety grounding conductors must not pass through
or be connected in series with ground-fault current transformers.
(c) Each ground-fault current device specified in paragraphs
(a)(4)(i) and (5) of this section must be provided with a test circuit
that will inject a primary current of 50 percent or less of the current
rating of the grounding resistor through the current transformer and
cause each corresponding circuit-interrupting device to open.
(d) Circuit-interrupting devices must not reclose automatically.
(e) Where two or more high-voltage cables are used to supply power
to a common bus in a high-voltage enclosure, each cable must be provided
with ground-wire monitoring. The ground-wire monitoring circuits must
cause deenergization of each cable when either the ground-monitor or
grounding conductor(s) of any cable become severed or open. On or after
May 10, 2002, parallel connected cables on newly installed longwalls
must be protected as follows:
(1) When one circuit-interrupting device is used to protect parallel
connected cables, the circuit-interrupting device must be electrically
interlocked with the cables so that the device will open when any cable
is disconnected; or
(2) When two or more parallel circuit-interrupting devices are used
to protect parallel connected cables, the circuit-interrupting devices
must be mechanically and electrically interlocked. Mechanical
interlocking must cause all devices to open simultaneously and
electrical interlocking must cause all devices to open when any cable is
disconnected.

Sec. 75.815 Disconnect devices.

(a) The section power center must be equipped with a main
disconnecting device installed to deenergize all cables extending to
longwall equipment when the device is in the ``open'' position. See
Figures I-1 and I-2 in Appendix A to this subpart I.
(b) Disconnecting devices for motor-starter enclosures must be
maintained in accordance with the approval requirements of paragraph (f)
of Sec. 18.53 of part 18 of this chapter. The compartment for the
disconnect device must be provided with a caution label to warn miners
against entering the compartment before deenergizing the incoming high-
voltage circuits to the compartment.
(c) Disconnecting devices must be rated for the maximum phase-to-
phase voltage of the circuit in which they are installed, and for the
full-load current of the circuit that is supplied power through the
device.
(d) Each disconnecting device must be designed and installed so
that--
(1) Visual observation determines that the contacts are open without
removing any cover;
(2) All load power conductors can be grounded when the device is in
the ``open'' position; and
(3) The device can be locked in the ``open'' position.
(e) Disconnecting devices, except those installed in explosion-proof
enclosures, must be capable of interrupting the full-load current of the
circuit or designed and installed to cause the current to be interrupted
automatically prior to the opening of the contacts of the device.
Disconnecting devices installed in explosion-proof enclosures must be
maintained in accordance with the approval requirements of paragraph
(f)(2)(iv) of Sec. 18.53 of part 18 of this chapter.

Sec. 75.816 Guarding of cables.

(a) High-voltage cables must be guarded at the following locations:
(1) Where persons regularly work or travel over or under the cables.
(2) Where the cables leave cable handling or support systems to
extend to electric components.
(b) Guarding must minimize the possibility of miners contacting the
cables

[[Page 608]]

and protect the cables from damage. The guarding must be made of
grounded metal or nonconductive flame-resistant material.

Sec. 75.817 Cable handling and support systems.

Longwall mining equipment must be provided with cable-handling and
support systems that are constructed, installed and maintained to
minimize the possibility of miners contacting the cables and to protect
the high-voltage cables from damage.

Sec. 75.818 Use of insulated cable handling equipment.

(a) Energized high-voltage cables must not be handled except when
motor or shearer cables need to be trained. When cables need to be
trained, high-voltage insulated gloves, mitts, hooks, tongs, slings,
aprons, or other personal protective equipment capable of providing
protection against shock hazard must be used to prevent direct contact
with the cable.
(b) High-voltage insulated gloves, sleeves, and other insulated
personal protective equipment must--
(1) Have a voltage rating of at least Class 1 (7,500 volts) that
meets or exceeds ASTM F496-97, ``Standard Specification for In-Service
Care of Insulating Gloves and Sleeves'' (1997).
(2) Be examined before each use for visible signs of damage;
(3) Be removed from the underground area of the mine or destroyed
when damaged or defective; and
(4) Be electrically tested every 6 months in accordance with
publication ASTM F496-97. ASTM F496-97 (Standard Specification for In-
Service Care of Insulating Gloves and Sleeves, 1997) is incorporated by
reference and may be inspected at any 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; and at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html. In addition, copies of
the document can be purchased from the American Society for Testing and
Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA
19428-2959; 610-832-9500; http://www.astm.org. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

[67 FR 11001, Mar. 11, 2002, as amended at 67 FR 38386, June 4, 2002; 71
FR 16668, Apr. 3, 2006; 80 FR 52992, Sept. 2, 2015]

Sec. 75.819 Motor-starter enclosures; barriers and interlocks.

Compartment separation and cover interlock switches for motor-
starter enclosures must be maintained in accordance with the approval
requirements of paragraphs (a) and (b) of Sec. 18.53 of part 18 of this
chapter.

Sec. 75.820 Electrical work; troubleshooting and testing.

(a) Electrical work on all circuits and equipment associated with
high-voltage longwalls must be performed only by persons qualified under
Sec. 75.153 to perform electrical work on all circuits and equipment.
(b) Prior to performing electrical work, except for troubleshooting
and testing of energized circuits and equipment as provided for in
paragraph (d) of this section, a qualified person must do the following:
(1) Deenergize the circuit or equipment with a circuit-interrupting
device.
(2) Open the circuit disconnecting device. On high-voltage circuits,
ground the power conductors until work on the circuit is completed.
(3) Lock out the disconnecting device with a padlock. When more than
one qualified person is performing work, each person must install an
individual padlock.
(4) Tag the disconnecting device to identify each person working and
the circuit or equipment on which work is being performed.
(c) Each padlock and tag must be removed only by the person who
installed them, except that, if that person is unavailable at the mine,
the lock and tag may be removed by a person authorized by the operator,
provided--

[[Page 609]]

(1) The authorized person is qualified under paragraph (a) of this
section; and
(2) The operator ensures that the person who installed the lock and
tag is aware of the removal before that person resumes work on the
affected circuit or equipment.
(d) Troubleshooting and testing of energized circuits must be
performed only--
(1) On low- and medium-voltage circuits;
(2) When the purpose of troubleshooting and testing is to determine
voltages and currents; and
(3) By persons qualified to perform electrical work and who wear
protective gloves on circuits that exceed 40 volts in accordance with
the following table:

------------------------------------------------------------------------
Circuit voltage Type of glove required
------------------------------------------------------------------------
Greater than 120 volts (nominal) (not Rubber insulating gloves
intrinsically safe). with leather protectors.
40 volts to 120 volts (nominal) (both Either rubber insulating
intrinsically safe and non-intrinsically gloves with leather
safe). protectors or dry work
gloves.
Greater than 120 volts (nominal) Either rubber insulating
(intrinsically safe). gloves with leather
protectors or dry work
gloves.
------------------------------------------------------------------------

(4) Rubber insulating gloves must be rated at least for the nominal
voltage of the circuit when the voltage of the circuit exceeds 120 volts
nominal and is not intrinsically safe.
(e) Before troubleshooting and testing a low- or medium-voltage
circuit contained in a compartment with a high-voltage circuit, the
high-voltage circuit must be deenergized, disconnected, grounded, locked
out and tagged in accordance with paragraph (b) of this section.
(f) Prior to the installation or removal of conveyor belt structure,
high-voltage cables extending from the section power center to longwall
equipment and located in the belt entries must be:
(1) Deenergized; or
(2) Guarded in accordance with Sec. 75.816 of this part, at the
location where the belt structure is being installed or removed; or
(3) Located at least 6.5 feet above the mine floor.

Sec. 75.821 Testing, examination and maintenance.

(a) At least once every 7 days, a person qualified in accordance
with Sec. 75.153 to perform electrical work on all circuits and
equipment must test and examine each unit of high-voltage longwall
equipment and circuits to determine that electrical protection,
equipment grounding, permissibility, cable insulation, and control
devices are being properly maintained to prevent fire, electrical shock,
ignition, or operational hazards from existing on the equipment. Tests
must include activating the ground-fault test circuit as required by
Sec. 75.814(c).
(b) Each ground-wire monitor and associated circuits must be
examined and tested at least once each 30 days to verify proper
operation and that it will cause the corresponding circuit-interrupting
device to open.
(c) When examinations or tests of equipment reveal a fire,
electrical shock, ignition, or operational hazard, the equipment must be
removed from service immediately or repaired immediately.
(d) At the completion of examinations and tests required by this
section, the person who makes the examinations and tests must certify by
signature and date that they have been conducted. A record must be made
of any unsafe condition found and any corrective action taken.
Certifications and records must be kept for at least one year and must
be made available for inspection by authorized representatives of the
Secretary and representatives of miners.

Sec. 75.822 Underground high-voltage longwall cables.

In addition to the high-voltage cable design specifications in Sec.
75.804 of this part, high-voltage cables for use on longwalls may be a
type SHD cable with a center ground-check conductor no smaller than a
No. 16 AWG stranded conductor. The cables must be MSHA accepted as
flame-resistant under part

[[Page 610]]

18 or approved under subpart K of part 7.

Sec. 75.823 Scope.

Sections 75.823 through 75.834 of this part are electrical safety
standards applicable to 2,400 volt continuous mining machines and
circuits. A ``qualified person'' as used in these sections means a
person meeting the requirements of Sec. 75.153. Other standards in 30
CFR apply to these circuits and equipment where appropriate.

[75 FR 17549, Apr. 6, 2010]

Sec. 75.824 Electrical protection.

(a) Trailing cable protection. The trailing cable extending to the
high-voltage continuous mining machine must be protected by a circuit-
interrupting device of adequate interrupting capacity and voltage that
provides short-circuit, overload, ground-fault, and under-voltage
protection as follows:
(1) Short-circuit protection.
(i) The current setting of the device must be the setting specified
in the approval documentation or 75 percent of the minimum available
phase-to-phase short-circuit current, whichever is less; and
(ii) The time-delay setting must not exceed 0.050 seconds.
(2) Ground-fault protection.
(i) Neutral grounding resistors must limit the ground-fault current
to no more than 0.5 ampere.
(ii) Ground-fault devices must cause de-energization of the circuit
extending to the continuous mining machine at not more than 0.125
ampere. The time-delay of the device must not exceed 0.050 seconds.
(iii) Look-ahead circuits must detect a ground-fault condition and
prevent the circuit-interrupting device from closing as long as the
ground-fault condition exists.
(iv) Backup ground-fault devices must cause de-energization of the
circuit extending to the continuous mining machine at not more than 40
percent of the voltage developed across the neutral grounding resistor
when a ground fault occurs with the neutral grounding resistor open. The
time-delay setting of the backup device must not exceed 0.25 seconds.
(v) Thermal devices must detect a sustained ground-fault current in
the neutral grounding resistor and must de-energize the incoming power.
The device must operate at either 50 percent of the maximum temperature
rise of the neutral grounding resistor or 302 [deg]F (150 [deg]C),
whichever is less. Thermal protection must not be dependent on control
power and may consist of a current transformer and over-current relay in
the neutral grounding resistor circuit.
(vi) A single window-type current transformer that encircles all
three-phase conductors must be used to activate the ground-fault device
protecting the continuous mining machine. Equipment grounding conductors
must not pass through the current transformer.
(vii) A test circuit for the ground-fault device must be provided.
The test circuit must inject no more than 50 percent of the current
rating of the neutral grounding resistor through the current
transformer. When the test circuit is activated, the circuit-
interrupting device must open.
(3) Under-voltage protection. The under-voltage device must operate
on a loss of voltage, de-energize the circuit, and prevent the equipment
from automatically restarting.
(b) Re-closing. Circuit-interrupting devices must not re-close
automatically.
(c) Onboard Power Circuits. When a grounded-phase indicator light
circuit is used and it indicates a grounded-phase fault, the following
corrective actions must be taken:
(1) The machine must be moved immediately to a location with a
properly supported roof; and
(2) The grounded-phase condition must be located and corrected prior
to placing the continuous mining machine back into operation.

[75 FR 17549, Apr. 6, 2010]

Sec. 75.825 Power centers.

(a) Main disconnecting switch. The power center supplying high
voltage power to the continuous mining machine must be equipped with a
main disconnecting switch that, when in the open position, de-energizes
input to all power transformers.

[[Page 611]]

(b) Trailing cable disconnecting device. In addition to the main
disconnecting switch required in paragraph (a) of this section, the
power center must be equipped with a disconnecting device for each
circuit that supplies power to a high-voltage continuous mining machine.
A disconnecting device is defined as a disconnecting switch or a cable
coupler.
(c) Disconnecting switches. Each disconnecting switch must be
labeled to clearly identify the circuit it disconnects, and be designed
and installed as follows:
(1) Rated for the maximum phase-to-phase voltage of the circuit;
(2) Rated for the full-load current of the circuit that is supplied
power through the device.
(3) Allow for visual observation, without removing any covers, to
verify that the contacts are open;
(4) Ground all power conductors on the load side when the switch is
in the ``open and grounded'' position;
(5) Can only be locked out in the ``open and grounded'' position;
and
(6) Safely interrupts the full-load current of the circuit or causes
the current to be interrupted automatically before the disconnecting
switch opens.
(d) Barriers and covers. All compartments that provide access to
high-voltage circuits must have barriers and/or covers to prevent miners
from contacting energized high-voltage circuits.
(e) Main disconnecting switch and control circuit interlocking. The
control circuit must be interlocked with the main disconnecting switch
in the power center so that:
(1) When the main disconnecting switch is in the ``open'' position,
the control circuit can only be powered through an auxiliary switch in
the ``test'' position; and
(2) When the main disconnecting switch is in the ``closed''
position, the control circuit can only be powered through an auxiliary
switch in the ``normal'' position.
(f) Interlocks. Each cover or removable barrier providing access to
high-voltage circuits must be equipped with at least two interlock
switches. Except when the auxiliary switch is on the ``test'' position,
removal of any cover or barrier that exposes energized high-voltage
circuits must cause the interlock switches to automatically de-energize
the incoming circuit to the power center.
(g) Emergency stop switch. The power center must be equipped with an
externally accessible emergency stop switch hard-wired into the incoming
ground-wire monitor circuit that de-energizes the incoming high-voltage
in the event of an emergency.
(h) Grounding stick. The power center must be equipped with a
grounding stick to be used prior to performing electrical work to assure
that high-voltage capacitors are discharged and circuits are de-
energized. The power center must have a label readily identifying the
location of the grounding stick. The grounding stick must be stored in a
dry location.
(i) Caution label. All compartments providing access to energized
high-voltage conductors and parts must display a caution label to warn
miners against entering the compartments before de-energizing incoming
high-voltage circuits.

[75 FR 17549, Apr. 6, 2010]

Sec. 75.826 High-voltage trailing cables.

High-voltage trailing cables must:
(a) Meet existing trailing cable requirements and the approval
requirements of the high-voltage continuous mining machine; and
(b) Meet existing ground-check conductor requirements (Sec. 75.804)
or have a stranded center ground-check conductor not smaller than a No.
16 A.W.G.

[75 FR 17549, Apr. 6, 2010]

Sec. 75.827 Guarding of trailing cables.

(a) Guarding. (1) The high-voltage cable must be guarded in the
following locations:
(i) From the power center cable coupler for a distance of 10 feet
inby the power center;
(ii) From the entrance gland for a distance of 10 feet outby the
last strain clamp on the continuous mining machine; and,
(iii) At any location where the cable could be damaged by moving
equipment.

[[Page 612]]

(2) Guarding must be constructed using nonconductive flame-resistant
material or grounded metal.
(b) Suspended cables and cable crossovers. When equipment must cross
any portion of the cable, the cable must be either:
(1) Suspended from the mine roof; or
(2) Protected by a cable crossover having the following
specifications:
(i) A minimum length of 33 inches;
(ii) A minimum width of 17 inches;
(iii) A minimum height of 3 inches;
(iv) A minimum cable placement area of two and one half-inches (2\1/
2\) high by four and one-quarter inches (4\1/4\)
wide;
(v) Made of nonconductive material;
(vi) Made of material with a distinctive color. The color black must
not be used; and
(vii) Made of material that has a minimum compressive strength of
6,400 pounds per square inch (psi).

[75 FR 17549, Apr. 6, 2010]

Sec. 75.828 Trailing cable pulling.

The trailing cable must be de-energized prior to being pulled by any
equipment other than the continuous mining machine. The cable
manufacturer's recommended pulling procedures must be followed when
pulling the trailing cable with equipment other than the continuous
mining machine.

[75 FR 17549, Apr. 6, 2010]

Sec. 75.829 Tramming continuous mining machines in and out of the mine
and from section to section.

(a) Conditions of use. Tramming the continuous mining machine in and
out of the mine and from section to section must be done in accordance
with movement requirements of high-voltage power centers and portable
transformers (Sec. 75.812) and as follows:
(1) The power source must not be located in areas where permissible
equipment is required;
(2) The continuous mining machine must not be used for mining or
cutting purposes, unless a power center is used in accordance with
Sec. Sec. 75.823 through 75.828 and Sec. Sec. 75.830 through 75.833;
(3) Low-, medium-, and high-voltage cables must comply with
Sec. Sec. 75.600-1, 75.907, and 75.826, as applicable; and
(4) The energized high-voltage cable must be mechanically secured
onboard the continuous mining machine. This provision applies only when
using the power sources specified in paragraphs (c)(2) and (c)(3) of
this section.
(b) Testing prior to tramming. Prior to tramming the continuous
mining machine,
(1) A qualified person must activate the ground-fault and ground-
wire monitor test circuits of the power sources specified in paragraph
(c) of this section to assure that the corresponding circuit-
interrupting device opens the circuit. Corrective actions and
recordkeeping resulting from these tests must be in accordance with
Sec. Sec. 75.832(f) and (g).
(2) Where applicable, a person designated by the mine operator must
activate the test circuit for the grounded-phase detection circuit on
the continuous mining machine to assure that the detection circuit is
functioning properly. Corrective actions resulting from this test must
be in accordance with Sec. 75.832(f).
(c) Power sources. In addition to the power center specified in
Sec. 75.825, the following power sources may be used to tram the
continuous mining machine.
(1) Medium-voltage power source. A medium-voltage power source is a
source that supplies 995 volts through a trailing cable (See Figure 1 of
this section) to the continuous mining machine. The medium-voltage power
source must--
(i) Not be used to back-feed the high-voltage circuits of the
continuous mining machine; and
(ii) Meet all applicable requirements for medium-voltage circuits in
30 CFR 75.

[[Page 613]]

[GRAPHIC] [TIFF OMITTED] TR06AP10.002

(2) Step-up transformer. A step-up transformer is a transformer that
steps up the low or medium voltage to high voltage (See Figure 2 in this
section) and must meet the following requirements:
(i) The trailing cable supplying low or medium voltage to the step-
up transformer must meet the applicable requirements of 30 CFR part 75;
(ii) The high-voltage circuit output of the step-up transformer
supplying power to the continuous mining machine must meet the
applicable provisions of Sec. 75.824;
(iii) The step-up transformer enclosure must be--
(A) Securely mounted to minimize vibration on:
(1) The continuous mining machine; or
(2) A sled/cart that must be connected to the continuous mining
machine by a tow-bar and be in close proximity to the mining machine.
(B) Grounded as follows:
(1) Connected to the incoming ground conductor of the low- or
medium-voltage trailing cable;
(2) Bonded by a No. 1/0 A.W.G. or larger external grounding
conductor to the continuous mining machine frame; and
(3) Bonded by a No. 1/0 A.W.G. or larger external grounding
conductor to the metallic shell of each cable coupler.
(C) Equipped with:
(1) At least two interlock switches for each of the enclosure
covers; and
(2) An external emergency stop switch to remove input power to the
step-up transformer.
[GRAPHIC] [TIFF OMITTED] TR06AP10.003

[75 FR 17549, Apr. 6, 2010]

Sec. 75.830 Splicing and repair of trailing cables.

(a) Splices and repairs. (1) Splicing means the mechanical joining
of one or more severed conductors in a single length of a cable
including the replacement of: Insulation, semi-conductive tape, metallic
shielding, and the outer jacket(s).
(2) Repair means to fix damage to any component of the cable other
than the conductor.
(3) Splices and repairs to high-voltage trailing cables must be
made:
(i) Only by a qualified person trained in the proper methods of
splicing and repairing high-voltage trailing cables;

[[Page 614]]

(ii) In a workman-like manner;
(iii) In accordance with Sec. 75.810; and
(iv) Using only MSHA-approved high-voltage kits that include
instructions for outer-jacket repairs and splices.
(b) Splicing limitations. (1) Splicing of the high-voltage trailing
cable within 35 feet of the continuous mining machine is prohibited.
(2) Only four (4) splices will be allowed at any one time for the
portion of the trailing cable that extends from the continuous miner
outby for a distance of 300 feet.

[75 FR 17549, Apr. 6, 2010]

Sec. 75.831 Electrical work; troubleshooting and testing.

(a) Trailing cable and continuous mining machine electrical work
procedures. Prior to performing electrical work, other than
troubleshooting and testing, on the high-voltage trailing cable or the
continuous mining machine, a qualified person must de-energize the power
center and follow procedures specified in paragraph (1) or (2):
(1) If a trailing cable disconnecting switch is provided:
(i) Open and ground the power conductors, lock out and tag the
disconnecting switch; and
(ii) Lock out and tag the plug to the power receptacle.
(2) If a trailing cable disconnecting switch is not provided and a
cable coupler is used as a disconnecting device:
(i) Remove the plug from the power receptacle and connect it to the
grounding receptacle;
(ii) Lock out and tag the plug to the grounding receptacle; and
(iii) Place a dust cover over the power receptacle.
(b) Troubleshooting and testing the trailing cable. During
troubleshooting and testing, the de-energized high-voltage cable may be
disconnected from the power center only for that period of time
necessary to locate the defective condition. Prior to troubleshooting
and testing trailing cables, a qualified person must perform the
following:
(1) If a trailing cable disconnecting switch is provided:
(i) Open and ground power conductors and lock out and tag the
disconnecting switch;
(ii) Disconnect the plug from the power receptacle;
(iii) Lock out and tag the plug; and
(iv) Place a dust cover over the power receptacle.
(2) If a trailing cable disconnecting switch is not provided and a
cable coupler is used as a disconnecting device:
(i) Remove the plug from the power receptacle and connect it to the
grounding receptacle to ground the power conductors;
(ii) Remove the plug from the grounding receptacle and install a
lock and tag on the plug; and
(iii) Place a dust cover over the power receptacle.
(c) Troubleshooting and testing limitations. Troubleshooting and
testing energized circuits must be performed only:
(1) On low- and medium-voltage circuits;
(2) When the purpose of troubleshooting and testing is to determine
voltages and currents;
(3) By qualified persons; and
(4) When using protective gloves in accordance with the following
table:

------------------------------------------------------------------------
Circuit voltage Type of glove required
------------------------------------------------------------------------
Greater than 120 volts (nominal) (not Rubber insulating gloves with
intrinsically safe). leather protectors.
40 volts to 120 volts (nominal) (both Either rubber insulating gloves
intrinsically safe and non- with leather protectors or dry
intrinsically safe). work gloves.
Greater than 120 volts (nominal) Either rubber insulating gloves
(intrinsically safe). with leather protectors or dry
work gloves.
------------------------------------------------------------------------

(d) Power center electrical work procedures. Before any work is
performed inside any compartment of the power center, except for
troubleshooting and testing energized circuits as specified in paragraph
(c) of this section, a qualified person must:
(1) De-energize affected circuits;
(2) Open the corresponding disconnecting switch, lock it out, and
tag it to assure the circuit is isolated;

[[Page 615]]

(3) Visually verify that the contacts of the disconnecting switch
are open and grounded; and
(4) Discharge all high-voltage capacitors and circuits.
(e) Locking out and tagging responsibilities. (1) When more than one
qualified person is performing electrical work, including
troubleshooting and testing, each person must install an individual lock
and tag. Each lock and tag must be removed only by the persons who
installed them.
(2) If the person who installed the lock and tag is unavailable, the
lock and tag may be removed by a person authorized by the operator,
provided that:
(i) The authorized person is a qualified person; and
(ii) The mine operator assures that the person who installed the
lock and tag is aware that the lock and tag have been removed.

[75 FR 17549, Apr. 6, 2010]

Sec. 75.832 Frequency of examinations; recordkeeping.

(a) Continuous mining machine examination. At least once every 7
days, a qualified person must examine each high-voltage continuous
mining machine to verify that electrical protection, equipment
grounding, permissibility, cable insulation, and control devices are
properly installed and maintained.
(b) Ground-fault test circuit. At least once every 7 days, and prior
to tramming the high-voltage continuous mining machine, a qualified
person must activate the ground-fault test circuit to verify that it
will cause the corresponding circuit-interrupting device to open.
(c) Ground-wire monitor test. At least once every 7 days, and prior
to tramming the high-voltage continuous mining machine, a qualified
person must examine and test each high-voltage continuous mining machine
ground-wire monitor circuit to verify that it will cause the
corresponding circuit-interrupting device to open.
(d) Trailing cable inspections. (1) Once each day during the shift
that the continuous mining machine is first energized, a qualified
person must de-energize and inspect the entire length of the high-
voltage trailing cable from the power center to the continuous mining
machine. The inspection must include examination of the outer jacket
repairs and splices for damage, and assure guarding is provided where
required.
(2) At the beginning of each shift that the continuous mining
machine is energized, a person designated by the mine operator must de-
energize and visually inspect the high-voltage trailing cable for damage
to the outer jacket. This inspection must be conducted from the
continuous mining machine to the following locations:
(i) The last open crosscut;
(ii) Within 150 feet of the working place during retreat or second
mining; or
(iii) Up to 150 feet from the continuous mining machine when the
machine is used in outby areas.
(e) Grounded-phase detection test. When a grounded-phase test
circuit is provided on a high-voltage continuous mining machine, a
person designated by the mine operator must activate the test circuit at
the beginning of each production shift to assure that the detection
circuit is functioning properly.
(f) Corrective action. When examinations or tests of equipment
reveal a risk of fire, electrical shock, ignition, or operational
hazard, the equipment must be immediately removed from service or
repaired.
(g) Record of tests. (1) At the completion of examinations and tests
required under paragraphs (a), (b), and (c) of this section, the person
conducting the examinations and tests must:
(i) Certify by signature and date that the examinations and tests
have been conducted.
(ii) Make a record of any unsafe condition found.
(2) Any corrective action(s) must be recorded by the person taking
the corrective action.
(3) The record must be countersigned by the mine foreman or
equivalent mine official by the end of the mine foreman's or the
equivalent mine official's next regularly scheduled working shift.
(4) Records must be maintained in a secure book that is not
susceptible to

[[Page 616]]

alteration or electronically in a computer system so as to be secure and
not susceptible to alteration.
(5) Certifications and records must be kept for at least 1 year and
must be made available for inspection by authorized representatives of
the Secretary and representatives of miners.

[75 FR 17549, Apr. 6, 2010]

Sec. 75.833 Handling high-voltage trailing cables.

(a) Cable handling. (1) Miners must not handle energized trailing
cables unless they are wearing high-voltage insulating gloves, which
include the rubber gloves and leather outer protector gloves, or are
using insulated cable handling tools that meet the requirements of
paragraph (c) or (d) of this section.
(2) Miners must not handle energized high-voltage cables with any
parts of their bodies except by hand in accordance with paragraph (1)
above.
(b) Availability. Each mine operator must make high-voltage
insulating gloves or insulated cable handling tools available to miners
handling energized high-voltage trailing cables.
(c) High-voltage insulating gloves. High-voltage insulating gloves
must meet the following requirements:
(1) The rubber gloves must be designed and maintained to have a
voltage rating of at least Class 1 (7,500 volts) and tested every 30
days in accordance with publication ASTM F496-02a, ``Standard
Specification for In-Service Care of Insulating Gloves and Sleeves''
(2002). The Director of the Federal Register approved this incorporation
by reference in accordance with 5 U.S.C. 522(a) and 1 CFR part 51. ASTM
F496-02a may be obtained from the American Society for Testing and
Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA
19428-2959, call 610-832-9500 or go to http://www.astm.org. ASTM F496-
02a is available for inspection at any MSHA Coal Mine Safety and Health
District Office, at the MSHA 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.
(2) The rubber glove portion must be air-tested at the beginning of
each shift to assure its effectiveness.
(3) Both the leather protector and rubber insulating gloves must be
visually examined before each use for signs of damage or defects.
(4) Damaged rubber gloves must be removed from the underground area
of the mine or destroyed. Leather protectors must be maintained in good
condition or replaced.
(d) Insulated cable handling tools. Insulated cable handling tools
must be:
(1) Rated and properly maintained to withstand at least 7,500 volts;
(2) Designed and manufactured for cable handling;
(3) Visually examined before each use for signs of damage or
defects; and
(4) Removed from the underground area of the mine or destroyed if
damaged or defective.

[75 FR 17549, Apr. 6, 2010, as amended at 80 FR 52992, Sept. 2, 2015]

Sec. 75.834 Training.

In addition to existing part 48 task training, hazard training,
training for qualified persons under existing Sec. 75.153, and annual
refresher training, the following specialized training shall be provided
and specified in the part 48 plan:
(a) Training for miners who perform maintenance on high-voltage
continuous mining machines in high-voltage safety, testing, and repair
and maintenance procedures.
(b) Training for personnel who work in the vicinity of high-voltage
continuous mining machines in safety procedures and precautions for
moving the high-voltage machines or the trailing cables.

[75 FR 17549, Apr. 6, 2010]

[[Page 617]]

Sec. Appendix A to Subpart I of Part 75--Diagrams of Inby and Outby
Switching
[GRAPHIC] [TIFF OMITTED] TR17AP02.030

[67 FR 11001, Mar. 11, 2002; 67 FR 18823, Apr. 17, 2002]

[[Page 618]]

Subpart J_Underground Low- and Medium-Voltage Alternating Current
Circuits

Sec. 75.900 Low- and medium-voltage circuits serving three-phase
alternating current equipment; circuit breakers.

[Statutory Provisions]

Low- and medium-voltage power circuits serving three-phase
alternating current equipment shall be protected by suitable circuit
breakers of adequate interrupting capacity which are properly tested and
maintained as prescribed by the Secretary. Such breakers shall be
equipped with devices to provide protection against undervoltage,
grounded phase, short circuit, and overcurrent.

Sec. 75.900-1 Circuit breakers; location.

Circuit breakers used to protect low-and medium-voltage circuits
underground shall be located in areas which are accessible for
inspection, examination, and testing, have safe roofs, and are clear of
any moving equipment used in haulageways.

Sec. 75.900-2 Approved circuit schemes.

The following circuit schemes will be regarded as providing the
necessary protection to the circuit required by Sec. 75.900:
(a) Ground check relays may be used for undervoltage protection if
the relay coils are designed to trip the circuit breaker when line
voltage decreases to 40 to 60 percent of the nominal line voltage.
(b) One undervoltage device installed in the main secondary circuit
at the source transformer may be used to provide undervoltage protection
for each circuit that receives power from that transformer.
(c) One circuit breaker may be used to protect two or more branch
circuits if the circuit breaker is adjusted to afford overcurrent
protection for the smallest conductor.
(d) Circuit breakers with shunt trip, series trip or undervoltage
release devices may be used if the tripping elements of such devices are
selected or adjusted in accordance with the settings listed in the
tables of the National Electric Code, 1968.

Sec. 75.900-3 Testing, examination, and maintenance of circuit breakers;
procedures.

Circuit breakers protecting low- and medium-voltage alternating
current circuits serving three-phase alternating current equipment and
their auxiliary devices shall be tested and examined at least once each
month by a person qualified as provided in Sec. 75.153. In performing
such tests, actuating any of the circuit breaker auxiliaries or control
circuits in any manner which causes the circuit breaker to open, shall
be considered a proper test. All components of the circuit breaker and
its auxiliary devices shall be visually examined and such repairs or
adjustments as are indicated by such tests and examinations shall be
carried out immediately.

Sec. 75.900-4 Testing, examination, and maintenance of circuit breakers;
record.

The operator of any coal mine shall maintain a written record of
each test, examination, repair, or adjustment of all circuit breakers
protecting low- and medium-voltage circuits serving three-phase
alternating current equipment used in the mine. Such record shall be
kept in a book approved by the Secretary.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]

Sec. 75.901 Protection of low- and medium-voltage three-phase circuits
used underground.

[Statutory Provisions]

(a) Low- and medium-voltage three-phase alternating-current circuits
used underground shall contain either a direct or derived neutral which
shall be grounded through a suitable resistor at the power center, and a
grounding circuit, originating at the grounded side of the grounding
resistor, shall extend along with the power conductors and serve as a
grounding conductor for the frames of all the electrical equipment
supplied power from that circuit, except that the Secretary or his
authorized representative may permit

[[Page 619]]

ungrounded low- and medium-voltage circuits to be used underground to
feed such stationary electrical equipment if such circuits are either
steel armored or installed in grounded rigid steel conduit throughout
their entire length. The grounding resistor, where required, shall be of
the proper ohmic value to limit the ground fault current to 25 amperes.
The grounding resistor shall be rated for maximum fault current
continuously and insulated from ground for a voltage equal to the phase-
to-phase voltage of the system.
(b) Diesel-powered electrical generators used as an alternative to
power centers for the purpose of moving equipment in, out, and around
the mine, and to perform work in areas where permissible equipment is
not required, must comply with the following:
(1) The diesel engine powering the electrical generator must be
approved under 30 CFR part 7, subpart E.
(2) A grounding resistor rated for the phase-to-phase voltage of the
system must be provided to limit the ground-fault current to not more
than 0.5 amperes. The grounding resistor(s) must be located:
(i) Between the wye-connected generator neutral and the generator
frame; (see Figure I in Appendix A to subpart J of this part) or
(ii) Between the wye-connected generator neutral and the generator
frame and between the wye-connected transformer secondary and the
transformer frame when an isolation transformer(s) is used and the
generator is supplying power to the other equipment; (see Figure II in
Appendix A to subpart J of this part) or
(iii) Between the wye-connected generator neutral and the generator
frame when an auto-transformer is used. (see Figure III in Appendix A to
subpart J of this part)
(3) Each three-phase output circuit of the generator must be
equipped with a sensitive ground fault relay. The protective relay must
be set to cause the circuit interrupting device that supplies power to
the primary windings of each transformer to trip and shut down the
diesel engine when a phase-to-frame fault of not more than 90
milliamperes occurs.
(4) Each three-phase output circuit that supplies power to equipment
must be equipped with an instantaneous sensitive ground-fault relay that
will cause its respective circuit interrupting device(s) to trip and
cause shutdown of the diesel engine when a phase-to-frame fault occurs.
The grounded-phase protection must be set at not more than 90 milliamps.
Current transformers used for the ground-fault protection must be single
window-type and must be installed to encircle all three phase
conductors. Equipment safety grounding conductors must not pass through
or be connected in series with ground-fault current transformers.
(5) Each three-phase circuit interrupting device must be provided
with a means to provide short-circuit, overcurrent, grounded-phase,
undervoltage, and ground wire monitoring protection. The instantaneous
only trip unit for the circuit interrupting device(s) in use must be
adjusted to trip at not more than 75 percent of the minimum available
short circuit current at the point where the portable cable enters the
equipment or the maximum allowable instantaneous settings specified in
Sec. 75.601-1, whichever is less.
(6) The equipment portable cable length(s) must not exceed the
length(s) specified in 30 CFR part 18, appendix I, table 9,
Specifications for Cables Longer than 500 Feet.
(7) Permanent label(s) listing the maximum circuit interrupting
device setting(s) and maximum portable cable length(s) must be installed
on each instantaneous trip unit or be maintained near each three-phase
circuit interrupting device. The permanent label(s) must be maintained
legibly.
(8) The circuit interrupting device that supplies three-phase power
circuit(s) to the equipment being powered must be limited to the use of
only one circuit interrupting device at a time when equipment is being
moved in, out, and around the mine.
(9) The grounding system must include an MSHA-accepted ground wire
monitor system that satisfies the requirements of Sec. 75.902; or have
a No. 1/0 or larger external grounding conductor to bond and ground the
frames of all

[[Page 620]]

equipment to the frame of the generator.
(10) All trailing cables extending from the generator to equipment
must comply with Sec. 75.907.
(11) A strain relief device must be provided on each end of the
trailing cables that extends between the generator and the piece of
equipment being powered.
(12) Prior to moving each piece of equipment or performing work, a
functional test of each ground fault and ground wire monitor system must
be performed by a qualified electrician who meets the requirements of
Sec. 75.153. The ground-fault circuit must be tested without subjecting
the circuit to an actual grounded phase condition. A record of each test
must be maintained and made available to authorized representatives of
the Secretary and to the miners in such mine.

[35 FR 17890, Nov. 20, 1970, as amended at 70 FR 77736, Dec. 30, 2005]

Sec. 75.902 Low- and medium-voltage ground check monitor circuits.

[Statutory Provisions]

On or before September 30, 1970, low- and medium-voltage resistance
grounded systems shall include a fail-safe ground check circuit to
monitor continuously the grounding circuit to assure continuity which
ground check circuit shall cause the circuit breaker to open when either
the ground or pilot check wire is broken, or other no less effective
device approved by the Secretary or his authorized representative to
assure such continuity, except that an extension of time, not in excess
of 12 months, may be permitted by the Secretary on a mine-by-mine basis
if he determines that such equipment is not available. Cable couplers
shall be constructed so that the ground check continuity conductor shall
be broken first and the ground conductors shall be broken last when the
coupler is being uncoupled.

Sec. 75.902-1 Maximum voltage ground check circuits.

The maximum voltage used for such ground check circuits shall not
exceed 40 volts.

Sec. 75.902-2 Approved ground check systems not employing pilot check wires.

Sec. 75.902-4 Attachment of ground conductors and ground check wires
to equipment frames; use of separate connections.

In grounding equipment frames of all stationary, portable or mobile
equipment receiving power from resistance grounded systems separate
connections shall be used when practicable.

Sec. 75.903 Disconnecting devices.

[Statutory Provisions]

Disconnecting devices shall be installed in conjunction with the
circuit breaker to provide visual evidence that the power is
disconnected.

Sec. 75.904 Identification of circuit breakers.

[Statutory Provisions]

Circuit breakers shall be marked for identification.

Sec. 75.905 Connection of single-phase loads.

[Statutory Provisions]

Single-phase loads shall be connected phase-to-phase.

Sec. 75.906 Trailing cables for mobile equipment, ground wires,
and ground check wires.

[Statutory Provisions]

Trailing cables for mobile equipment shall contain one or more
ground conductors having a cross-sectional area of not less than one-
half the power conductor, and, on September 30, 1970, an insulated
conductor for the ground continuity check circuit or other no less
effective device approved by the Secretary or his authorized
representative to assure such continuity, except that an extension of
time, not in excess of 12 months may be permitted by the

[[Page 621]]

Secretary on a mine-by-mine basis if he determines that such equipment
is not available. Splices made in the cables shall provide continuity of
all components.

Sec. 75.907 Design of trailing cables for medium-voltage circuits.

[Statutory Provisions]

Trailing cables for medium-voltage circuits shall include grounding
conductors, a ground check conductor, and grounded metallic shields
around each power conductor or a ground metallic shield over the
assembly, except that on equipment employing cable reels, cables without
shields may be used if the insulation is rated 2,000 volts or more.

[[Page 622]]

Sec. Appendix A to Subpart J of Part 75
[GRAPHIC] [TIFF OMITTED] TR30DE05.146

[[Page 623]]

[GRAPHIC] [TIFF OMITTED] TR30DE05.147

[[Page 624]]

[GRAPHIC] [TIFF OMITTED] TR30DE05.148

[70 FR 77737, Dec. 30, 2005]

Subpart K_Trolley Wires and Trolley Feeder Wires

Sec. 75.1000 Cutout switches.

[Statutory Provisions]

Trolley wires and trolley feeder wires, shall be provided with
cutout switches at intervals of not more than 2,000 feet and near the
beginning of all branch lines.

Sec. 75.1001 Overcurrent protection.

[Statutory Provisions]

Trolley wires and trolley feeder wires shall be provided with
overcurrent protection.

Sec. 75.1001-1 Devices for overcurrent protection; testing
and calibration requirements; records.

(a) Automatic circuit interrupting devices that will deenergize the
affected circuit upon occurrence of a short circuit at any point in the
system will meet the requirements of Sec. 75.1001.
(b) Automatic circuit interrupting devices described in paragraph
(a) of this section shall be tested and calibrated at intervals not to
exceed six months. Testing of such devices shall include passing the
necessary amount of electric current through the device to cause
activation. Calibration of such devices shall include adjustment of all
associated relays to 15 percent of the indicated
value. An authorized representative of the Secretary may require
additional testing or calibration of these devices.
(c) A record of the tests and calibrations required by paragraph (b)
of this section shall be kept, and shall be made available, upon
request, to an authorized representative of the Secretary.

[38 FR 29998, Oct. 31, 1973, as amended at 60 FR 33723, June 29, 1995]

[[Page 625]]

Sec. 75.1002 Installation of electric equipment and conductors;
permissibility.

(a) Electric equipment must be permissible and maintained in a
permissible condition when such equipment is located within 150 feet of
pillar workings or longwall faces.
(b) Electric conductors and cables installed in or in by the last
open crosscut or within 150 feet of pillar workings or longwall faces
must be--
(1) Shielded high-voltage cables supplying power to permissible
longwall equipment;
(2) Interconnecting conductors and cables of permissible longwall
equipment;
(3) Conductors and cables of intrinsically safe circuits; and
(4) Cables and conductors supplying power to low- and medium-voltage
permissible equipment.
(5) Shielded high-voltage cables supplying power to permissible
continuous mining machines.

[67 FR 11004, Mar. 11, 2002, as amended at 75 FR 17553, Apr. 6, 2010]

Sec. 75.1003 Insulation of trolley wires, trolley feeder wires
and bare signal wires; guarding of trolley wires and trolley feeder wires.

[Statutory Provisions]

Trolley wires, trolley feeder wires, and bare signal wires shall be
insulated adequately where they pass through doors and stoppings, and
where they cross other power wires and cables. Trolley wires and trolley
feeder wires shall be guarded adequately:
(a) At all points where men are required to work or pass regularly
under the wires;
(b) On both sides of all doors and stoppings; and
(c) At man-trip stations.

The Secretary or his authorized representatives shall specify other
conditions where trolley wires and trolley feeder wires shall be
adequately protected to prevent contact by any person, or shall require
the use of improved methods to prevent such contact. Temporary guards
shall be provided where trackmen and other persons work in proximity to
trolley wires and trolley feeder wires.

Sec. 75.1003-1 Other requirements for guarding of trolley wires
and trolley feeder wires.

Adequate precaution shall be taken to insure that equipment being
moved along haulageways will not come in contact with trolley wires or
trolley feeder wires.

Sec. 75.1003-2 Requirements for movement of off-track mining equipment
in areas of active workings where energized trolley wires or trolley
feeder wires are present; pre-movement requirements; certified
and qualified persons.

(a) Prior to moving or transporting any unit of off-track mining
equipment in areas of the active workings where energized trolley wires
or trolley feeder wires are present:
(1) The unit of equipment shall be examined by a certified person to
ensure that coal dust, float coal dust, loose coal oil, grease, and
other combustible materials have been cleaned up and have not been
permitted to accumulate on such unit of equipment; and,
(2) A qualified person, as specified in Sec. 75.153 of this part,
shall examine the trolley wires, trolley feeder wires, and the
associated automatic circuit interrupting devices provided for short
circuit protection to ensure that proper short circuit protection
exists.
(b) A record shall be kept of the examinations required by paragraph
(a) of this section, and shall be made available, upon request, to an
authorized representative of the Secretary.
(c) Off-track mining equipment shall be moved or transported in
areas of the active workings where energized trolley wires or trolley
feeder wires are present only under the direct supervision of a
certified person who shall be physically present at all times during
moving or transporting operations.
(d) The frames of off-track mining equipment being moved or
transported, in accordance with this section, shall be covered on the
top and on the trolley wire side with fire-resistant material which has
met the applicable requirements of Part 18 of Subchapter D of this
chapter (Bureau of Mines Schedule 2G).
(e) Electrical contact shall be maintained between the mine track
and the frames of off-track mining equipment

[[Page 626]]

being moved in-track and trolley entries, except that rubber-tired
equipment need not be grounded to a transporting vehicle if no metal
part of such rubber-tired equipment can come into contact with the
transporting vehicle.
(f) A minimum vertical clearance of 12 inches shall be maintained
between the farthest projection of the unit of equipment which is being
moved and the energized trolley wires or trolley feeder wires at all
times during the movement or transportation of such equipment; provided,
however, that if the height of the coal seam does not permit 12 inches
of vertical clearance to be so maintained, the following additional
precautions shall be taken:
(1)(i) Except as provided in paragraph (f)(1)(ii) of this section
electric power shall be supplied to the trolley wires or trolley feeder
wires only from outby the unit of equipment being moved or transported.
(ii) Where direct current electric power is used and such electric
power can be supplied only from inby the equipment being moved or
transported, power may be supplied from inby such equipment provided a
miner with the means to cut off the power, and in direct communication
with persons actually engaged in the moving or transporting operation,
is stationed outby the equipment being moved.
(2) The settings of automatic circuit interrupting devices used to
provide short circuit protection for the trolley circuit shall be
reduced to not more than one-half of the maximum current that could flow
if the equipment being moved or transported were to come into contact
with the trolley wire or trolley feeder wire;
(3) At all times the unit of equipment is being moved or
transported, a miner shall be stationed at the first automatic circuit
breaker outby the equipment being moved and such miner shall be: (i) In
direct communication with persons actually engaged in the moving or
transporting operation, and (ii) capable of communicating with the
responsible person on the surface required to be on duty in accordance
with Sec. 75.1600-1 of this part;
(4) Where trolley phones are utilized to satisfy the requirements of
paragraph (f)(3) of this section, telephones or other equivalent two-way
communication devices that can readily be connected with the mine
communication system shall be carried by the miner stationed at the
first automatic circuit breaker outby the equipment being moved and by a
miner actually engaged in the moving or transporting operation; and,
(5) No person shall be permitted to be inby the unit of equipment
being moved or transported, in the ventilating current of air that is
passing over such equipment, except those persons directly engaged in
moving such equipment.
(g) The provisions of paragraphs (a) through (f) of this section
shall not apply to units of mining equipment that are transported in
mine cars, provided that no part of the equipment extends above or over
the sides of the mine car.

[38 FR 29998, Oct. 31, 1973, as amended at 60 FR 33723, June 29, 1995]

Subpart L_Fire Protection

Sec. 75.1100 Requirements.

[Statutory Provision]

Each coal mine shall be provided with suitable firefighting
equipment adapted for the size and conditions of the mine. The Secretary
shall establish minimum requirements of the type, quality, and quantity
of such equipment.

Sec. 75.1100-1 Type and quality of firefighting equipment.

Firefighting equipment required under this subpart shall meet the
following minimum requirements:
(a) Waterlines: Waterlines shall be capable of delivering 50 gallons
of water a minute at a nozzle pressure of 50 pounds per square inch.
(b) Portable water cars: A portable water car shall be of at least
1,000 gallons capacity (500 gallons capacity for anthracite mines) and
shall have at least 300 feet of fire hose with nozzles. A portable water
car shall be capable of providing a flow through the hose of 50 gallons
of water per minute at a nozzle pressure of 50 pounds per square inch.
(c) A portable chemical car shall carry enough chemicals to provide
a

[[Page 627]]

fire extinguishing capacity equivalent to that of a portable water car.
(d) Portable foam-generating machines or devices: A portable foam-
generating machine or device shall have facilities and equipment for
supplying the machine with 30 gallons of water per minute at 30 pounds
per square inch for a period of 35 minutes.
(e) Portable fire extinguisher: A portable fire extinguisher shall
be either (1) a multipurpose dry chemical type containing a nominal
weight of 5 pounds of dry powder and enough expellant to apply the
powder or (2) a foam-producing type containing at least 2\1/2\ gallons
of foam-producing liquids and enough expellant to supply the foam. Only
fire extinguishers approved by the Underwriters Laboratories, Inc., or
Factory Mutual Research Corp., carrying appropriate labels as to type
and purpose, shall be used. After March 30, 1971, all new portable fire
extinguishers acquired for use in a coal mine shall have a 2A 10 BC or
higher rating.
(f)(1) Except as provided in paragraph (f)(2) of this section, the
fire hose shall be lined with a material having flame resistant
qualities meeting requirements for hose in Bureau of Mines' Schedule 2G.
The cover shall be polyester, or other material with flame-spread
qualities and mildew resistance equal or superior to polyester. The
bursting pressure shall be at least 4 times the water pressure at the
valve to the hose inlet with the valve closed; the maximum water
pressure in the hose nozzle shall not exceed 100 p.s.i.g.
(2) Fire hose installed for use in underground coal mines prior to
December 30, 1970, shall be mildew-proof and have a bursting pressure at
least 4 times the water pressure at the valve to the hose inlet with the
valve closed, and the maximum water pressure in the hose nozzle with
water flowing shall not exceed 100 p.s.i.g.

Sec. 75.1100-2 Quantity and location of firefighting equipment.

(a) Working sections. (1) Each working section of coal mines
producing 300 tons or more per shift shall be provided with two portable
fire extinguishers and 240 pounds of rock dust in bags or other suitable
containers; waterlines shall extend to each section loading point and be
equipped with enough fire hose to reach each working face unless the
section loading point is provided with one of the following:
(i) Two portable water cars; or
(ii) Two portable chemical cars; or
(iii) One portable water car or one portable chemical car, and
either (a) a portable foam-generating machine or (b) a portable high-
pressure rock-dusting machine fitted with at least 250 feet of hose and
supplied with at least 60 sacks of rock dust.
(2) Each working section of coal mines producing less than 300 tons
of coal per shift shall be provided with the following:
(i) Two portable fire extinguishers; and
(ii) 240 pounds of rock dust in bags or other suitable containers;
and
(iii) At least 500 gallons of water and at least three pails of 10-
quart capacity; or a waterline with sufficient hose to reach the working
places; or a portable water car of at least 500-gallons capacity; or a
portable, all-purpose, dry-powder chemical car of at least 125-pounds
capacity.
(3) As an alternative to paragraph (a)(2) of this section, each
working section with no electrical equipment at the face of an
anthracite coal mine producing less than 300 tons of coal per shift
shall be provided with the following:
(i) Portable fire extinguishers containing a total capacity of at
least 30 pounds of dry chemical or 15 gallons of foam and located at the
entrance to the gangway at the bottom of the slope; and
(ii) Portable fire extinguishers containing a total capacity of at
least 20 pounds of dry chemical or 10 gallons of foam and located within
500 feet from the working face.
(b) Belt conveyors. In all coal mines, waterlines shall be installed
parallel to the entire length of belt conveyors and shall be equipped
with firehose outlets with valves at 300-foot intervals along each belt
conveyor and at tailpieces. At least 500 feet of firehose with fittings
suitable for connection with each belt conveyor waterline system shall
be stored at strategic locations along the belt conveyor. Waterlines may
be

[[Page 628]]

installed in entries adjacent to the conveyor entry belt as long as the
outlets project into the belt conveyor entry.
(c) Haulage tracks. (1) In mines producing 300 tons of coal or more
per shift waterlines shall be installed parallel to all haulage tracks
using mechanized equipment in the track or adjacent entry and shall
extend to the loading point of each working section. Waterlines shall be
equipped with outlet valves at intervals of not more than 500 feet, and
500 feet of firehose with fittings suitable for connection with such
waterlines shall be provided at strategic locations. Two portable water
cars, readily available, may be used in lieu of waterlines prescribed
under this paragraph.
(2) In mines producing less than 300 tons of coal per shift, there
shall be provided at 500-foot intervals in all main and secondary
haulage roads:
(i) A tank of water of at least 55-gallon capacity with at least 3
pails of not less than 10-quart capacity; or
(ii) Not less than 240 pounds of bagged rock dust.
(d) Transportation. Each track or off-track locomotive, self-
propelled man-trip car, or personnel carrier shall be equipped with one
portable fire extinguisher.
(e) Electrical installations. At each electrical installation, the
operator shall provide two portable fire extinguishers that have a
nominal capacity of 5 pounds of dry chemical, or one extinguisher that
has a nominal capacity of at least 10 pounds of dry chemical, and which
have a 2-A:10-B:C or higher rating.
(f) Oil storage stations. Two portable fire extinguishers and 240
pounds of rock dust, shall be provided at each permanent underground oil
storage station. One portable fire extinguisher shall be provided at
each working section where 25 gallons or more of oil are stored in
addition to extinguishers required under paragraph (a) of this section.
(g) Welding, cutting, soldering. One portable fire extinguisher or
240 pounds of rock dust shall be provided at locations where welding,
cutting, or soldering with arc or flame is being done.
(h) Powerlines. At each wooden door through which powerlines pass
there shall be one portable fire extinguisher or 240 pounds of rock dust
within 25 feet of the door on the intake air side.
(i) Emergency materials. (1) At each mine producing 300 tons of coal
or more per shift there shall be readily available the following
materials at locations not exceeding 2 miles from each working section:

1,000 board feet of brattice boards
2 rolls of brattice cloth
2 hand saws
25 pounds of 8\d\ nails
25 pounds of 10\d\ nails
25 pounds of 16\d\ nails
3 claw hammers
25 bags of wood fiber plaster or 10 bags of cement (or equivalent
material for stoppings)
5 tons of rock dust

(2) At each mine producing less than 300 tons of coal per shift the
above materials shall be available at the mine, provided, however, that
the emergency materials for one or more mines may be stored at a central
warehouse or building supply company and such supply must be the
equivalent of that required for all mines involved and within 1-hour's
delivery time from each mine. This exception shall not apply where the
active working sections are more than 2 miles from the surface.

[35 FR 17890, Nov. 20, 1970, as amended at 73 FR 53127, Sept. 15, 2008]

Sec. 75.1100-3 Condition and examination of firefighting equipment.

All firefighting equipment shall be maintained in a usable and
operative condition. Chemical extinguishers shall be examined every 6
months and the date of the examination shall be written on a permanent
tag attached to the extinguisher.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]

Sec. 75.1101 Deluge-type water sprays, foam generators;
main and secondary belt-conveyor drives.

[Statutory Provisions]

Deluge-type water sprays or foam generators automatically actuated
by

[[Page 629]]

rise in temperature, or other no less effective means approved by the
Secretary of controlling fire, shall be installed at main and secondary
belt-conveyor drives.

Sec. 75.1101-1 Deluge-type water spray systems.

(a) Deluge-type spray systems shall consist of open nozzles attached
to branch lines. The branch lines shall be connected to a waterline
through a control valve operated by a fire sensor. Actuation of the
control valve shall cause water to flow into the branch lines and
discharge from the nozzles.
(b) Nozzles attached to the branch lines shall be full cone,
corrosion resistant and provided with blow-off dust covers. The spray
application rate shall not be less than 0.25 gallon per minute per
square foot of the top surface of the top belt and the discharge shall
be directed at both the upper and bottom surfaces of the top belt and to
the upper surface of the bottom belt.

Sec. 75.1101-2 Installation of deluge-type sprays.

Deluge-type water spray systems shall provide protection for the
belt drive and 50 feet of fire-resistant belt or 150 feet of nonfire-
resistant belt adjacent to the belt drive.

Sec. 75.1101-3 Water requirements.

Deluge-type water spray systems shall be attached to a water supply.
Water so supplied shall be free of excessive sediment and noncorrosive
to the system Water pressure shall be maintained consistent with the
pipe, fittings, valves, and nozzles at all times. Water systems shall
include strainers with a flush-out connection and a manual shut-off
valve. The water supply shall be adequate to provide flow for 10 minutes
except that pressure tanks used as a source of water supply shall be of
1,000-gallon capacity for a fire-resistant belt and 3,000 gallons for a
nonfire-resistant belt may be provided.

Sec. 75.1101-4 Branch lines.

As a part of the deluge-type water spray system, two or more branch
lines of nozzles shall be installed. The maximum distance between
nozzles shall not exceed 8 feet.

Sec. 75.1101-5 Installation of foam generator systems.

(a) Foam generator systems shall be located so as to discharge foam
to the belt drive, belt takeup, electrical controls, gear reducing unit
and the conveyor belt.
(b) Foam generator systems shall be equipped with a fire sensor
which actuates the system, and each system shall be capable of producing
and delivering the following amounts of foam within 5 minutes:
(1) At fire-resistant belt installations, an amount which will fully
envelop the belt drive, belt takeup, electrical controls, gear reducing
unit, and the conveyor belt over a distance of 50 feet; and,
(2) At nonfire-resistant belt installations, an amount which will
fully envelop the belt drive, belt takeup electrical controls, gear
reducing unit, and the conveyor belt over a distance of 150 feet.
(c) The foam generator shall be equipped with a warning device
designed to stop the belt drive when a fire occurs and all such warning
devices shall be capable of giving both an audible and visual signal
when actuated by fire.
(d) Water, power, and chemicals required shall be adequate to
maintain water or foam flow for no less than 25 minutes.
(e) Water systems shall include strainers with a flush-out
connection and a manual shut-off valve.

Sec. 75.1101-6 Water sprinkler systems; general.

Water sprinkler systems may be installed to protect main and
secondary belt-conveyor drives, however, where such systems are
employed, they shall be installed and maintained in accordance with
Sec. Sec. 75.1101-7 through 75.1101-11.

Sec. 75.1101-7 Installation of water sprinkler systems; requirements.

(a) The fire-control components of each water sprinkler system shall
be installed, as far as practicable in accordance with the
recommendations set forth in National Fire Protection Association 1968-
69 edition, Code No. 13, ``Installation of Sprinkler Systems'' and such
systems' components shall be

[[Page 630]]

of a type approved by the Underwriters' Laboratories, Inc., Factory
Mutual Research Corp.
(b) Each sprinkler system shall provide protection for the motor
drive belt takeup, electrical controls, gear reducing unit, and the 50
feet of fire-resistant belt, or 150 feet of nonfire-resistant belt
adjacent to the belt drive.
(c) The components of each water sprinkler system shall be located
so as to minimize the possibility of damage by roof fall or by the
moving belt and its load.

Sec. 75.1101-8 Water sprinkler systems; arrangement of sprinklers.

(a) At least one sprinkler shall be installed above each belt drive,
belt take-up, electrical control, and gear-reducing unit, and individual
sprinklers shall be installed at intervals of no more than 8 feet along
all conveyor branch lines.
(b) Two or more branch lines, at least one of which shall be above
the top belt and one between the top and bottom belt, shall be installed
in each sprinkler system to provide a uniform discharge of water to the
belt surface.
(c) The water discharge rate from the sprinkler system shall not be
less than 0.25 gallon per minute per square foot of the top surface of
the top belt and the discharge shall be directed at both the upper and
bottom surfaces of the top belt and to the upper surface of the bottom
belt. The supply of water shall be adequate to provide a constant flow
of water for 10 minutes with all sprinklers functioning.
(d) Each individual sprinkler shall be activated at a temperature of
not less than 150 [deg]F. and not more than 300 [deg]F.
(e) Water systems shall include strainers with a flush-out
connection and a manual shut-off valve.

Sec. 75.1101-9 Back-up water system.

One fire hose outlet together with a length of hose capable of
extending to the belt drive shall be provided within 300 feet of each
belt drive.

Sec. 75.1101-10 Water sprinkler systems; fire warning devices at belt drives.

Each water sprinkler system shall be equipped with a device designed
to stop the belt drive in the event of a rise in temperature and each
such warning device shall be capable of giving both an audible and
visual warning when a fire occurs.

Sec. 75.1101-11 Inspection of water sprinkler systems.

Each water sprinkler system shall be examined weekly and a
functional test of the complete system shall be conducted at least once
each year.

Sec. 75.1101-12 Equivalent dry-pipe system.

Where water sprinkler systems are installed to protect main and
secondary belt conveyor drives and freezing temperatures prevail, an
equivalent dry-pipe system may be installed.

Sec. 75.1101-13 Dry powder chemical systems; general.

Self-contained dry powder chemical systems may be installed to
protect main and secondary belt conveyor drives, however, where such
systems are employed, they shall be installed and maintained in
accordance with the provisions of Sec. Sec. 75.1101-14 through 75.1101-
22.

Sec. 75.1101-14 Installation of dry powder chemical systems.

(a) Self-contained dry powder chemical systems shall be installed to
protect each belt-drive, belt takeup, electrical-controls, gear reducing
units and 50 feet of fire-resistant belt or 150 feet of non-fire-
resistant belt adjacent to the belt drive.
(b) The fire-control components of each dry powder chemical system
shall be a type approved by the Underwriters' Laboratories, Inc., or
Factory Mutual Engineering Corp.
(c) The components of each dry powder chemical system shall be
located so as to minimize the possibility of damage by roof fall or by
the moving belt and its load.

Sec. 75.1101-15 Construction of dry powder chemical systems.

(a) Each self-contained dry powder system shall be equipped with
hose or pipe lines which are no longer than necessary.
(b) Metal piping and/or hose between control valves and nozzles
shall have a

[[Page 631]]

minimum bursting pressure of 500 p.s.i.g.
(c) Hose shall be protected by wire braid or its equivalent.
(d) Nozzles and reservoirs shall be sufficient in number to provide
maximum protection to each belt, belt takeup, electrical controls, and
gear reducing unit.
(e) Each belt shall be protected on the top surface of both the top
and bottom belts and the bottom surface of the top belt.

Sec. 75.1101-16 Dry powder chemical systems;
sensing and fire-suppression devices.

(a) Each self-contained dry powder chemical system shall be equipped
with sensing devices which shall be designed to activate the fire-
control system, sound an alarm and stop the conveyor drive motor in the
event of a rise in temperature, and provision shall be made to minimize
contamination of the lens of any optical sensing device installed in
such system.
(b) Where sensors are operated from the same power source as the
belt drive, each sensor shall be equipped with a standby power source
which shall be capable of remaining operative for at least 4 hours after
a power cutoff.
(c) Sensor systems shall include a warning indicator (or test
circuit) which shows it is operative.
(d) Each fire-suppression system shall be equipped with a manually
operated control valve which shall be independent of the sensor.

Sec. 75.1101-17 Sealing of dry powder chemical systems.

Each dry powder chemical system shall be adequately sealed to
protect all components of the system from moisture dust, and dirt.

Sec. 75.1101-18 Dry powder requirements.

Each dry powder chemical system shall contain the following minimum
amounts of multipurpose dry powder:

------------------------------------------------------------------------
Dry
Belt powder,
pounds
------------------------------------------------------------------------
Fire resistant................................................ 125
Non-fire resistant............................................ 250
------------------------------------------------------------------------

Sec. 75.1101-19 Nozzles; flow rate and direction.

The nozzles of each dry powder chemical system shall be capable of
discharging all powder within 1 minute after actuation of the system and
such nozzles shall be directed so as to minimize the effect of
ventilation upon fire control.

Sec. 75.1101-20 Safeguards for dry powder chemical systems.

Adequate guards shall be provided along all belt conveyors in the
vicinity of each dry powder chemical system to protect persons whose
vision is restricted by a discharge of powder from the system. In
addition, hand-rails shall be installed in such areas to provide
assistance to those passing along the conveyor after a powder discharge.

Sec. 75.1101-21 Back-up water system.

One fire hose outlet together with a length of hose capable of
extending to the belt drive shall be provided within 300 feet of each
belt drive.

Sec. 75.1101-22 Inspection of dry powder chemical systems.

(a) Each dry powder chemical system shall be examined weekly and a
functional test of the complete system shall be conducted at least once
each year.
(b) Where the dry powder chemical system has been actuated, all
components of the system shall be cleaned immediately by flushing all
powder from pipes and hoses and all hose damaged by fire shall be
replaced.

Sec. 75.1102 Slippage and sequence switches.

[Statutory Provisions]

Underground belt conveyors shall be equipped with slippage and
sequence switches.

Sec. 75.1103 Automatic fire warning devices.

[Statutory Provisions]

On or before May 29, 1970, devices shall be installed on all such
belts which will give a warning automatically when a fire occurs on or
near

[[Page 632]]

such belt. The Secretary shall prescribe a schedule for installing fire
suppression devices on belt haulageways.

Sec. 75.1103-1 Automatic fire sensors.

A fire sensor system shall be installed on each underground belt
conveyor. Sensors so installed shall be of a type which will (a) give
warning automatically when a fire occurs on or near such belt; (b)
provide both audible and visual signals that permit rapid location of
the fire.

Sec. 75.1103-2 Automatic fire sensors; approved components;
installation requirements.

(a) The components of each automatic fire sensor required to be
installed in accordance with the provisions of Sec. 75.1103-1 shall be
of a type and installed in a manner approved by the Secretary, or the
components shall be of a type listed, approved and installed in
accordance with the recommendations of a nationally recognized testing
laboratory approved by the Secretary.
(b) Where applicable, and not inconsistent with these regulations,
automatic fire sensors shall be installed in accordance with the
recommendations set forth in National Fire Code No. 72A ``Local
Protective Signaling Systems'' (NFPA No. 72A-1967). National Fire Code
No. 72A (1967) is hereby incorporated by reference and made a part
hereof. National Fire Code No. 72A is available for examination at each
MSHA Coal Mine Safety and Health district office, and may be obtained
from the National Fire Protection Association, 11 Tracy Drive, Avon, MA
02322; Telephone: 800-344-3555 (toll free); http://www.nfpa.org.

[37 FR 16546, Aug. 16, 1972, as amended at 71 FR 16668, Apr. 3, 2006]

Sec. 75.1103-3 Automatic fire sensor and warning device systems;
minimum requirements; general.

Automatic fire sensor and warning device systems installed in belt
haulageways of underground coal mines shall be assembled from components
which meet the minimum requirements set forth in Sec. Sec. 75.1103-4
through 75.1103-7 unless otherwise approved by the Secretary.

[37 FR 16545, Aug. 16, 1972]

Sec. 75.1103-4 Automatic fire sensor and warning device systems;
installation; minimum requirements.

(a) Effective December 31, 2009, automatic fire sensor and warning
device systems that use carbon monoxide sensors shall provide
identification of fire along all belt conveyors.
(1) Carbon monoxide sensors shall be installed at the following
locations:
(i) Not more than 100 feet downwind of each belt drive unit, each
tailpiece transfer point, and each belt take-up. If the belt drive,
tailpiece, and/or take-up for a single transfer point are installed
together in the same air course, and the distance between the units is
less than 100 feet, they may be monitored with one sensor downwind of
the last component. If the distance between the units exceeds 100 feet,
additional sensors are required downwind of each belt drive unit, each
tailpiece transfer point, and each belt take-up;
(ii) Not more than 100 feet downwind of each section loading point;
(iii) Along the belt entry so that the spacing between sensors does
not exceed 1,000 feet. Where air velocities are less than 50 feet per
minute, spacing must not exceed 350 feet; and
(iv) The mine operator shall indicate the locations of all carbon
monoxide sensors on the mine maps required by Sec. Sec. 75.1200 and
75.1505 of this part.
(2) Where used, sensors responding to radiation, smoke, gases, or
other indications of fire, shall be spaced at regular intervals to
provide protection equivalent to carbon monoxide sensors, and installed
within the time specified in paragraph (a)(3) of this section.
(3) When the distance from the tailpiece at loading points to the
first outby sensor reaches the spacing requirements in Sec. 75.1103-
4(a)(1)(iii), an additional sensor shall be installed and put in
operation within 24 production shift hours. When sensors of the kind
described in paragraph (a)(2) of this section are used, they shall be
installed and put in operation within 24 production shift hours after
the equivalent distance which has been established for the sensor from
the tailpiece at loading points to the first outby sensor is first
reached.
(b) Automatic fire sensor and warning device systems shall be
installed so

[[Page 633]]

as to minimize the possibility of damage from roof falls and the moving
belt and its load. Sensors must be installed near the center in the
upper third of the entry, in a manner that does not expose personnel
working on the system to unsafe conditions. Sensors must not be located
in abnormally high areas or in other locations where air flow patterns
do not permit products of combustion to be carried to the sensors.
(c) Infrared, ultraviolet, and other sensors whose effectiveness is
impaired by contamination shall be protected from dust, dirt, and
moisture.
(d) The voltage of automatic fire sensor and warning device systems
shall not exceed 120 volts.
(e) Except when power must be cut off in the mine under the
provisions of Sec. 75.313, automatic fire sensor and warning device
systems shall be capable of giving warning of fire for a minimum of 4
hours after the source of power to the belt is removed unless the belt
haulageway is examined for hot rollers and fire as provided in paragraph
(e) (1) or (2) of this section.
(1) When an unplanned removal of power from the belt occurs an
examination for hot rollers and fire in the operating belts of a
conveyor system shall be completed within 2 hours after the belt has
stopped.
(2) When a preplanned removal of power from the belt occurs an
examination for hot rollers and fire on the operating belts of a
conveyor system may commence not more than 30 minutes before the belts
are stopped and shall be completed within 2 hours after the examination
is commenced, or the examination shall be commenced when the belts are
stopped and completed within 2 hours after the belts are stopped.

[37 FR 16545, Aug. 16, 1972, as amended at 57 FR 20928, May 15, 1992; 73
FR 80614, Dec. 31, 2008]

Sec. 75.1103-5 Automatic fire warning devices; actions and response.

(a) When the carbon monoxide level reaches 10 parts per million
above the established ambient level at any sensor location, automatic
fire sensor and warning device systems shall provide an effective
warning signal at the following locations:
(1) At working sections and other work locations where miners may be
endangered from a fire in the belt entry.
(2) At a manned surface location where personnel have an assigned
post of duty. The manned surface location must have:
(i) A telephone or equivalent communication with all miners who may
be endangered and
(ii) A map or schematic that shows the locations of sensors, and the
intended air flow direction at these locations. This map or schematic
must be updated within 24 hours of any change in this information.
(3) The automatic fire sensor and warning device system shall be
monitored for a period of 4 hours after the belt is stopped, unless an
examination for hot rollers and fire is made as prescribed in Sec.
75.1103-4(e).
(b) The fire sensor and warning device system shall include a means
for rapid evaluation of electrical short and open circuits, ground
faults, pneumatic leaks, or other defect detrimental to its proper
operational condition.
(c) Automatic fire sensor and warning devices shall include a manual
reset feature.
(d) When a malfunction or warning signal is received at the manned
surface location, the sensors that are activated must be identified and
appropriate personnel immediately notified.
(e) Upon notification of a malfunction or warning signal,
appropriate personnel must immediately initiate an investigation to
determine the cause of the malfunction or warning signal and take the
required actions set forth in paragraph (f) of this section.
(f) If any sensor indicates a warning, the following actions must be
taken unless the mine operator determines that the signal does not
present a hazard to miners:
(1) Appropriate personnel must notify miners in affected working
sections, in affected areas where mechanized mining equipment is being
installed or removed, and at other locations specified in the approved
mine emergency evacuation and firefighting program of instruction; and

[[Page 634]]

(2) All miners in the affected areas, unless assigned emergency
response duties, must be immediately withdrawn to a safe location
identified in the mine emergency evacuation and firefighting program of
instruction.
(g) If the warning signal will be activated during calibration of
sensors, personnel manning the surface location must be notified prior
to and upon completion of calibration. Affected working sections, areas
where mechanized mining equipment is being installed or removed, or
other areas designated in the approved emergency evacuation and
firefighting program of instruction must be notified at the beginning
and completion of calibration.
(h) If any fire detection component becomes inoperative, immediate
action must be taken to repair the component. While repairs are being
made, operation of the belt may continue if the following requirements
are met:
(1) If one sensor becomes inoperative, a trained person must
continuously monitor for carbon monoxide at the inoperative sensor;
(2) If two or more adjacent sensors become inoperative, trained
persons must patrol and continuously monitor the affected areas for
carbon monoxide so that they will be traveled each hour in their
entirety. Alternatively, a trained person must be stationed at each
inoperative sensor to monitor for carbon monoxide;
(3) If the complete fire detection system becomes inoperative,
trained persons must patrol and continuously monitor the affected areas
for carbon monoxide so that they will be traveled each hour in their
entirety;
(4) Trained persons who conduct monitoring under this section must
have two-way voice communication capability, at intervals not to exceed
2,000 feet, and must report carbon monoxide concentrations to the
surface at intervals not to exceed one hour;
(5) Trained persons who conduct monitoring under this section must
immediately report to the surface any concentration of carbon monoxide
that reaches 10 parts per million above the established ambient level,
unless the mine operator knows that the source of the carbon monoxide
does not present a hazard to miners; and
(6) Handheld detectors used to monitor the belt entry under this
section must have a detection level equivalent to that of the system's
carbon monoxide sensors.

[37 FR 16545, Aug. 16, 1972, as amended at 73 FR 80615, Dec. 31, 2008]

Sec. 75.1103-6 Automatic fire sensors; actuation of fire suppression systems.

Point-type heat sensors or automatic fire sensor and warning device
systems may be used to actuate deluge-type water systems, foam generator
systems, multipurpose dry-powder systems, or other equivalent automatic
fire suppression systems.

[73 FR 80615, Dec. 31, 2008]

Sec. 75.1103-7 Electrical components; permissibility requirements.

The electrical components of each automatic fire sensor and warning
device system shall:
(a) Remain functional when the power circuits are deenergized as
required by Sec. 75.706; and
(b) Be provided with protection against ignition of methane or coal
dust when the electrical power is deenergized as required by Sec.
75.313, but these components shall be permissible or intrinsically safe
if installed in a return airway.

[37 FR 16546, Aug. 16, 1972, as amended at 57 FR 20929, May 15, 1992]

Sec. 75.1103-8 Automatic fire sensor and warning device systems;
examination and test requirements.

(a) Automatic fire sensor and warning device systems shall be
examined at least once each shift when belts are operated as part of a
production shift. A functional test of the warning signals shall be made
at least once every seven days. Examination and maintenance of such
systems shall be by a qualified person.
(b) A record of the functional test conducted in accordance with
paragraph (a) of this section shall be maintained by the operator and
kept for a period of one year.
(c) Sensors shall be calibrated in accordance with the
manufacturer's calibration instructions at intervals not to exceed 31
days. A record of the sensor

[[Page 635]]

calibrations shall be maintained by the operator and kept for a period
of one year.

[73 FR 80615, Dec. 31, 2008]

Sec. 75.1103-9 Minimum requirements; fire suppression materials
and location; maintenance of entries and crosscuts; access doors;
communications; fire crews; high-expansion foam devices.

(a) The following materials shall be stored within 300 feet of each
belt drive or at a location where the material can be moved to the belt
drive within 5 minutes, except that when the ventilating current in the
belt haulageway travels in the direction of the normal movement of coal
on the belt, the materials shall be stored within 300 feet of the belt
tailpiece or at a location where the materials can be moved to the belt
tailpiece within 5 minutes.
(1) 500 feet of fire hose, except that if the belt flight is less
than 500 feet in length the fire hose may be equal to the length of the
belt flight. A high expansion foam device may be substituted for 300
feet of the 500 feet of the fire hose. Where used, such foam generators
shall produce foam sufficient to fill 100 feet of the belt haulageway in
not more than 5 minutes. Sufficient power cable and water hose shall be
provided so that the foam generator can be installed at any crosscut
along the belt by which the generator is located. A 1-hour supply of
foam producing chemicals and tools and hardware required for its
operation shall be stored at the foam generator.
(2) Tools to open a stopping between the belt entry and the adjacent
intake entry; and
(3) 240 pounds of bagged rock dust.
(b) The entry containing the main waterline and the crosscuts
containing water outlets between such entry and the belt haulageway (if
the main waterline is in an adjacent entry) shall be maintained
accessible and in safe condition for travel and firefighting activities.
Each stopping in such crosscuts or adjacent crosscuts shall have an
access door.
(c) Suitable communication lines extending to the surface shall be
provided in the belt haulageway or adjacent entry.
(d) The fire suppression system required at the belt drive shall
include the belt discharge head.
(e) A crew consisting of at least five members for each working
shift shall be trained in firefighting operations. Fire drills shall be
held at intervals not exceeding 6 months.

[37 FR 16546, Aug. 16, 1972]

Sec. 75.1103-10 Fire suppression systems; additional requirements.

For each conveyor belt flight exceeding 2,000 feet in length, where
the average air velocity along the belt haulage entry exceeds 100 feet
per minute, an additional cache of the materials specified in Sec.
75.1103-9(a)(1), (2), and (3) shall be provided. The additional cache
may be stored at the locations specified in Sec. 75.1103-9(a), or at
some other strategic location readily accessible to the conveyor belt
flight.

[73 FR 80616, Dec. 31, 2008]

Sec. 75.1103-11 Tests of fire hydrants and fire hose; record of tests.

Each fire hydrant shall be tested by opening to insure that it is in
operating condition, and each fire hose shall be tested, at intervals
not exceeding 1 year. A record of these tests shall be maintained at an
appropriate location.

[37 FR 16546, Aug. 16, 1972]

Sec. 75.1104 Underground storage, lubricating oil and grease.

[Statutory Provisions]

Underground storage places for lubricating oil and grease shall be
of fireproof construction. Except for specially prepared materials
approved by the Secretary, lubricating oil and grease kept in all
underground areas in a coal mine shall be in fireproof, closed metal
containers or other no less effective containers approved by the
Secretary.

Sec. 75.1106 Welding, cutting, or soldering with arc or flame underground.

[Statutory Provisions]

All welding, cutting, or soldering with arc or flame in all
underground areas of a coal mine shall, whenever practicable, be
conducted in fireproof

[[Page 636]]

enclosures. Welding, cutting, or soldering with arc or flame in other
than a fireproof enclosure shall be done under the supervision of a
qualified person who shall make a diligent search for fire during and
after such operations and shall, immediately before and during such
operations, continuously test for methane with means approved by the
Secretary for detecting methane. Welding, cutting, or soldering shall
not be conducted in air that contains 1.0 volume per centum or more of
methane. Rock dust or suitable fire extinguishers shall be immediately
available during such welding, cutting or soldering.

Sec. 75.1106-1 Test for methane.

Until December 31, 1970, a permissible flame safety lamp may be used
to make tests for methane required by the regulations in this part. On
and after December 31, 1970 a methane detector approved by the Secretary
shall be used for such tests and a permissible flame safety lamp may be
used as a supplemental testing device. A person qualified to test for
methane under Sec. 75.151 will be a qualified person for the purpose of
this section.

Transportation, Handling and Storage of Liquefied and Nonliquefied
Compressed Gas Cylinders

Sec. 75.1106-2 Transportation of liquefied and nonliquefied compressed
gas cylinders; requirements.

(a) Liquefied and nonliquefied compressed gas cylinders transported
into or through an underground coal mine shall be:
(1) Placed securely in devices designed to hold the cylinder in
place during transit on self-propelled equipment or belt conveyors;
(2) Disconnected from all hoses and gages;
(3) Equipped with a metal cap or ``headband'' (fence-type metal
protector around the valve stem) to protect the cylinder valve during
transit; and,
(4) Clearly labeled ``empty'' or ``MT'' when the gas in the cylinder
has been expended.
(b) In addition to the requirements of paragraph (a) of this
section, when liquefied and nonliquefied compressed gas cylinders are
transported by a trolley wire haulage system into or through an
underground coal mine, such cylinders shall be placed in well insulated
and substantially constructed containers which are specifically designed
for holding such cylinders.
(c) Liquefied and nonliquefied compressed gas cylinders shall not be
transported on mantrips.

[36 FR 22061, Nov. 19, 1971]

Sec. 75.1106-3 Storage of liquefied and nonliquefied compressed
gas cylinders; requirements.

(a) Liquefied and nonliquefied compressed gas cylinders stored in an
underground coal mine shall be:
(1) Clearly marked and identified as to their contents in accordance
with Department of Transportation regulations.
(2) Placed securely in storage areas designated by the operator for
such purpose, and where the height of the coalbed permits, in an upright
position, preferably in specially designated racks, or otherwise secured
against being accidently tipped over.
(3) Protected against damage from falling material, contact with
power lines and energized electrical equipment, heat from welding,
cutting or soldering, and exposure to flammable liquids.
(b) Liquefied and nonliquefied compressed gas cylinders shall not be
stored or left unattended in any area inby the last open crosscut of an
underground coal mine.
(c) When not in use, the valves of all liquefied and nonliquefied
compressed gas cylinders shall be in the closed position, and all hoses
shall be removed from the cylinder.

[36 FR 22061, Nov. 19, 1971]

Sec. 75.1106-4 Use of liquefied and nonliquefied compressed gas cylinders;
general requirements.

(a) Persons assigned by the operator to use and work with liquefied
and nonliquefied compressed gas shall be trained and designated by the
operator as qualified to perform the work to which they are assigned,
and such qualified persons shall be specifically instructed with respect
to the dangers

[[Page 637]]

inherent in the use of such gases in an underground coal mine.
(b) Persons who perform welding, cutting, or burning operations
shall wear clothing free from excessive oil or grease.
(c) Liquefied and nonliquefied compressed gas shall be used only in
well-ventilated areas.
(d) Not more than one liquefied or nonliquefied compressed gas unit,
consisting of one oxygen cylinder and one additional gas cylinder, shall
be used to repair any unit of equipment which is inby the loading point
of any section.
(e) Where liquefied and nonliquefied compressed gas is used
regularly in underground shops or other underground structures, such
shops or structures shall be on a separate split of air.
(f) Where liquefied and nonliquefied compressed gas is used in any
area in which oil, grease, or coal dust is present, oil and grease
deposits shall, where practicable, be removed and the entire area within
10 feet of the worksite covered with a heavy coating of rock dust.
(g) Liquefied and nonliquefied compressed gas cylinders shall be
located no less than 10 feet from the worksite, and where the height of
the coal seam permits, they shall be placed in an upright position and
chained or otherwise secured against falling.
(h) Liquefied and nonliquefied compressed gas shall not be used
under direct pressure from the cylinder and, where such gases are used
under reduced pressure, the pressure level shall not exceed that
recommended by the manufacturer.
(i) ``Manifolding cylinders'' shall only be performed in well-
ventilated shops where the necessary equipment is properly installed and
operated in accordance with specifications for safety prescribed by the
manufacturer.

[36 FR 22061, Nov. 19, 1971]

Sec. 75.1106-5 Maintenance and tests of liquefied and nonliquefied
compressed gas cylinders; accessories and equipment; requirements.

(a) Hose lines, gages, and other cylinder accessories shall be
maintained in a safe operating condition.
(b) Defective cylinders, cylinder accessories, torches, and other
welding, cutting, and burning equipment shall be labeled ``defective''
and taken out of service.
(c) Each qualified person assigned to perform welding, cutting, or
burning with liquefied and nonliquefied compressed gas shall be equipped
with a wrench specifically designed for use with liquefied and
nonliquefied compressed gas cylinders and a suitable torchtip cleaner to
maintain torches in a safe operating condition.
(d) Tests for leaks on the hose valves or gages of liquefied and
nonliquefied compressed gas cylinders shall only be made with a soft
brush and soapy water or soap suds, or other device approved by the
Secretary.

[36 FR 22062, Nov. 19, 1971]

Sec. 75.1106-6 Exemption of small low pressure gas cylinders containing
nonflammable or nonexplosive gas mixtures.

Small low pressure gas cylinders containing nonflammable or
nonexplosive gas mixtures, which provide for the emission of such gas
under a pressure reduced from a pressure which does not exceed 250
p.s.i.g., and which is manufactured and sold in conformance with U.S.
Department of Transportation Special Permit No. 6029 as a calibration
test kit for methane monitoring systems, shall be exempt from the
requirements of Sec. Sec. 75.1106-2(c) and 75.1106-4(d), (f) and (g).

[36 FR 22062, Nov. 19, 1971]

Fire Suppression Devices and Fire-Resistant Hydraulic Fluids on
Underground Equipment

Sec. 75.1107 Fire suppression devices.

[Statutory Provisions]

On and after March 30, 1971, fire-suppression devices meeting
specifications prescribed by the Secretary shall be installed on
unattended underground equipment and suitable fire-resistant hydraulic
fluids approved by the Secretary shall be used in the hydraulic systems
of such equipment. Such fluids shall be used in the hydraulic systems of
other underground equipment unless

[[Page 638]]

fire suppression devices meeting specifications prescribed by the
Secretary are installed on such equipment.

Sec. 75.1107-1 Fire-resistant hydraulic fluids and fire suppression devices
on underground equipment.

(a)(1) Unattended electrically powered equipment used underground
which uses hydraulic fluid shall use approved fire-resistant hydraulic
fluid.
(2) Except as provided in paragraph (a) (3) of this section, within
24 production shift hours after being installed, unattended electrically
powered equipment used underground shall be equipped with a fire
suppression device which meets the applicable requirements of Sec. Sec.
75.1107-3 through 75.1107-16.
(3) Unattended enclosed motors, controls, transformers, rectifiers,
and other similar noncombustible electrically powered equipment
containing no flammable fluid may be protected:
(i) By an approved fire suppression device, or
(ii) Be located at least 2 feet from coal or other combustible
materials, or
(iii) Be separated from the coal or combustible materials by a 4-
inch-thick masonry firewall or equivalent; and be mounted on a minimum
4-inch-thick noncombustible surface, platform, or equivalent. The
electrical cables at such equipment shall conform with the requirements
of Part 18 of this chapter (Bureau of Mines Schedule 2G) or be in metal
conduit.
(b) Attended electrically powered equipment used underground which
uses hydraulic fluid shall use approved fire-resistant hydraulic fluid
unless such equipment is protected by a fire suppression device which
meets the applicable requirements of Sec. Sec. 75.1107-3--75.1107-16.
(c) For purpose of Sec. Sec. 75.1107--75.1107-16 the following
underground equipment shall be considered attended equipment:
(1) Any machine or device regularly operated by a miner assigned to
operate such machine or device;
(2) Any machine or device which is mounted in the direct line of
sight of a jobsite which is located within 500 feet of such machine or
device and which jobsite is regularly occupied by a miner assigned to
perform job duties at such jobsite during each production shift.
(d) Machines and devices described under paragraph (c) of this
section must be inspected for fire and the input powerline deenergized
when workmen leave the area for more than 30 minutes.

[37 FR 15301, July 29, 1972]

Sec. 75.1107-2 Approved fire-resistant hydraulic fluids;
minimum requirements.

Fire-resistant hydraulic fluids and concentrates required to be
employed in the hydraulic system of underground equipment in accordance
with the provisions of Sec. 75.1107-1 shall be considered suitable only
if they have been produced under an approval, or any modification
thereof, issued pursuant to Part 35 Subchapter I of this chapter (Bureau
of Mines Schedule 30), or any revision thereof.

[37 FR 15301, July 29, 1972]

Sec. 75.1107-3 Fire suppression devices; approved components;
installation requirements.

(a) The components of each fire suppression device required to be
installed in accordance with the provisions of Sec. 75.1107-1 shall be
approved by the Secretary, or where appropriate be listed as approved by
a nationally recognized agency approved by the Secretary.
(b) Where used, pressure vessels shall conform with the requirements
of sections 3603, 3606, 3607, 3707, and 3708 of National Fire Code No.
22 ``Water Tanks for Private Fire Protection'' (NFPA No. 22-1971).
(c) The cover of hose of fire suppression devices, if used on the
protected equipment and installed after the effective date of this
section, shall meet the flame-resistant requirements of Part 18 of this
chapter (Bureau of Mines Schedule 2G).
(d) Fire suppression devices required to be installed in accordance
with the provisions of Sec. 75.1107-1 shall where appropriate be
installed in accordance with the manufacturer's specifications.

[37 FR 15301, July 29, 1972]

[[Page 639]]

Sec. 75.1107-4 Automatic fire sensors and manual actuators; installation;
minimum requirements.

(a)(1) Where fire suppression devices are installed on unattended
underground equipment, one or more point-type sensors or equivalent
shall be installed for each 50 square feet of top surface area, or
fraction thereof, of such equipment, and each sensor shall be designed
to activate the first suppression system and disconnect the electrical
power source to the equipment protected, and, except where sprinklers
are used, there shall be in addition, a manual actuator installed to
operate the system. Where sprinklers are used, provision shall be made
for manual application of water to the protected equipment in lieu of a
manual actuator.
(2) Two or more manual actuators, where practicable, shall be
installed, as provided in paragraphs (a)(2) (i) and (ii) of this
section, to activate fire suppression devices on attended equipment
purchased on or after the effective date of this Sec. 75.1107-4. At
least one manual actuator shall be used on equipment purchased prior to
the effective date of this Sec. 75.1107-4.
(i) Manual actuators installed on attended equipment regularly
operated by a miner, as provided in Sec. 75.1107-1(c)(1) shall be
located at different locations on the equipment, and at least one manual
actuator shall be located within easy reach of the operator's normal
operating position.
(ii) Manual actuators to activate fire suppression devices on
attended equipment not regularly operated by a miner, as provided in
Sec. 75.1107-1(c)(2), shall be installed at different location, and at
least one manual actuator shall be installed so as to be easily reached
by the miner at the jobsite or by persons approaching the equipment.
(b) Sensors shall, where practicable, be installed in accordance
with the recommendations set forth in National Fire Code No. 72A ``Local
Protective Signaling Systems'' (NFPA No. 72A-1967).
(c) On unattended equipment the fire suppression device shall
operate independently of the power to the main motor (or equivalent) so
it will remain operative if the circuit breakers (or other protective
device) actuates. On attended equipment powered through a trailing cable
the fire suppression device shall operate independently of the
electrical power provided by the cable.
(d) Point-type sensors (such as thermocouple, bimetallic strip, or
rate of temperature rise) located in ventilated passageways shall be
installed downwind from the equipment to be protected.
(e) Sensor systems shall include a device or method for determining
their operative condition.

[37 FR 15301, July 29, 1972]

Sec. 75.1107-5 Electrical components of fire suppression devices;
permissibility requirements.

The electrical components of each fire suppression device used on
permissible equipment inby the last open crosscut or on equipment in the
return airways of any coal mine shall be permissible or intrinsically
safe and such components shall be maintained in permissible or
intrinsically safe condition.

[37 FR 15302, July 29, 1972]

Sec. 75.1107-6 Capacity of fire suppression devices;
location and direction of nozzles.

(a) Each fire suppression device shall be:
(1) Adequate in size and capacity to extinguish potential fires in
or on the equipment protected; and
(2) Suitable for the atmospheric conditions surrounding the
equipment protected (e.g., air velocity, type, and proximity of adjacent
combustible material); and
(3) Rugged enough to withstand rough usage and vibration when
installed on mining equipment.
(b) The extinguishant-discharge nozzles of each fire suppression
device shall, where practicable, be located so as to take advantage of
mine ventilation air currents. The fire suppression device may be of the
internal injection, inundating, or combination type. Where fire control
is achieved by internal injection, or combination of internal injection
and inundation, hazardous locations shall be enclosed to minimize runoff
and overshoot of the extinguishing agent and the extinguishing agent
shall be directed onto:

[[Page 640]]

(1) Cable reel compartments and electrical cables on the equipment
which are subject to flexing or to external damage; and
(2) All hydraulic components on the equipment which are exposed
directly to or located in the immediate vicinity of electrical cables
which are subject to flexing or to damage.

[37 FR 15302, July 29, 1972]

Sec. 75.1107-7 Water spray devices; capacity; water supply;
minimum requirements.

(a) Where water spray devices are used on unattended underground
equipment the rate of flow shall be at least 0.25 gallon per minute per
square foot over the top surface area of the equipment and the supply of
water shall be adequate to provide the required flow of water for 10
minutes.
(b) Where water spray devices are used for inundating attended
underground equipment the rate of flow shall be at least 0.18 gallon per
minute per square foot over the top surface area of the equipment
(excluding conveyors, cutters, and gathering heads), and the supply of
water shall be adequate to provide the required flow of water for 10
minutes.
(c) Where water is used for internal injection on attended equipment
the total quantity of water shall be at least 4.5 gallons times the
number of hazardous locations; however, the total minimum amount of
water shall not be less than the following:

------------------------------------------------------------------------
Water in
Type of equipment gallons
------------------------------------------------------------------------
(1) Cutting machines........................................ 36
(2) Continuous miners....................................... 36
(3) Haulage vehicles........................................ 22.5
(4) All other attended equipment............................ 18.0
------------------------------------------------------------------------

The rate of flow shall be not less than 7 gallons per minute.
(d) Where water is used in a combination internal injection and
inundation system on attended equipment the rate of flow shall be at
least 0.12 gallon per minute per square foot over the top surface area
of the equipment (excluding conveyors, cutters, and gathering heads),
and the supply of water shall be adequate to provide the required flow
of water for 10 minutes.
(e) On equipment provided with a cable reel and an internal
injection or combination-type system, the amount of water discharged
into the cable reel compartments shall be approximately 25 percent of
the amount required to be discharged by the system, however, such
quantity need not exceed 10 gallons.
(f) Liquid chemicals may be used, as approved by the Secretary in
self-contained fire suppression devices. Such liquid chemicals shall be
nontoxic and when applied to a fire shall not produce excessive toxic
compounds. The quantity of liquid chemicals required shall be
proportionately less than water as based on equivalency ratings
established by the Secretary or equivalency ratings made by a nationally
recognized agency approved by the Secretary.

[37 FR 15302, July 29, 1972]

Sec. 75.1107-8 Fire suppression devices; extinguishant supply systems.

(a) Fire suppression systems using water or liquid chemical to
protect attended equipment shall:
(1) Be maintained at a pressure consistent with the pipe, fittings,
valves, and nozzles used in the system.
(2) Be located so as to be protected against damage during operation
of the equipment protected.
(3) Employ liquid which is free from excessive sediment and
noncorrosive to the system.
(4) Include strainers equipped with flush-out connections or
equivalent protective devices and a rising stem or other visual
indicator-type shutoff valve.
(b) Water supplies for fire suppression devices installed on
underground equipment may be maintained in mounted water tanks or by
connection to water mains. Such water supplies shall be continuously
connected to the fire suppression device whenever the equipment is
connected to a power source, except for a reasonable time for changing
hose connections to hydrants while the machine is stopped in a
ventilated passageway.

[37 FR 15302, July 29, 1972]

[[Page 641]]

Sec. 75.1107-9 Dry chemical devices; capacity; minimum requirements.

(a) Dry chemical fire extinguishing systems used on underground
equipment shall be of the multipurpose powder-type and shall include the
following:
(1) The system including all hose and nozzles shall be protected
against the entrance of moisture, dust, or dirt;
(2) The system shall be guarded against damage during operation of
the equipment protected;
(3) Hose and pipe shall be as short as possible; the distance
between the chemical container and furthest nozzle shall not exceed 50
feet;
(4) Hose, piping, and fittings between the actuator and the chemical
container shall have a bursting pressure of 500 pounds per square inch
(gage) or higher; the hose, piping, and fittings between the chemical
container and the nozzles shall have a bursting pressure of 300 pounds
per square inch (gage) or higher and
(5) The system shall discharge in 1 minute or less, for quantities
less than 50 pounds (nominal) \1\ and in less than 2 minutes for
quantities more than 50 pounds;
---------------------------------------------------------------------------

\1\ Many dry chemical systems were originally designed for sodium
bicarbonate before all-purpose chemical (ammonium phosphate) was shown
to be more effective. Sodium bicarbonate is denser than ammonium
phosphate; hence, for example, a 50-pound system designed for the sodium
bicarbonate will hold slightly more by weight than all-purpose dry
chemical (ammonium phosphate) by weight. The word ``nominal'' is used in
Sec. 75.1107-9 to express the approximate weight in pounds of all-
purpose dry chemical.
---------------------------------------------------------------------------

(b) On unattended underground equipment, the number of pounds of dry
chemical employed by the system shall be not less than 1 pound per
square foot of top surface area of the equipment; however, the minimum
amount in any system shall be 20 pounds (nominal). The discharge shall
be directed into and on potentially hazardous locations of the
equipment.
(c) On attended underground equipment, the number of pounds
(nominal) employed by the system shall equal 5 times the total number of
hazardous locations; however, the minimum amount in any system shall not
be less than the following, except that systems on haulage vehicles
installed prior to the effective date of this section may contain 20
pounds (nominal).

------------------------------------------------------------------------
Dry
chemical
Type of equipment pounds
(nominal)
------------------------------------------------------------------------
(1) Cutting machines........................................ 40
(2) Continuous miners....................................... 40
(3) Haulage vehicles........................................ 30
(4) All other attended equipment............................ 20
------------------------------------------------------------------------

(d) The amount of dry chemical discharged into the cable reel
compartments of attended underground equipment shall be approximately 25
percent of the total amount required to be discharged by the system;
however, the quantity discharged into cable reel compartments need not
exceed 10 pounds.

[37 FR 15302, July 29, 1972]

Sec. 75.1107-10 High expansion foam devices; minimum capacity.

(a) On unattended underground equipment the amount of water
delivered as high expansion foam for a period of approximately 20
minutes shall be not less than 0.06 gallon per minute per square foot of
surface area of the equipment protected; however, the minimum total rate
for any system shall be not less than 3 gallons per minute.
(b) On attended underground equipment, foam may be delivered by
internal injection, inundation, or combination-type systems. Each system
shall deliver water as foam for a minimum of 10 minutes. For internal
injection, the rate of water application as high expansion foam shall be
not less than 0.5 gallon per minute per hazardous location; however, the
minimum total rate shall be not less than 2 gallons per minute. For
inundation, the rate of water application as high expansion foam shall
be not less than 0.05 gallon per minute per square foot of top surface
area of the equipment protected; however, the minimum total rate shall
be not less than 5 gallons of water per minute.
(c) In combined internal injection and inundation systems the rate
of water applied as foam shall not be less than 0.035 gallon per minute
per square

[[Page 642]]

foot of top surface area of the equipment protected; however, the
minimum total rate shall not be less than 3.5 gallons of water per
minute.
(d) Where internal injection is employed, the amount of water
discharged as high expansion foam into the cable reel compartments of
underground equipment regularly operated by a miner shall be
approximately 25 percent of the total amount required to be discharged
by the system; however, the quantity of water discharged as foam into
the cable reel compartment need not exceed 1.5 gallons.

[37 FR 15303, July 29, 1972]

Sec. 75.1107-11 Extinguishing agents; requirements on mining equipment
employed in low coal.

On mining equipment no more than 32 inches high, the quantity of
extinguishing agent required under the provisions of Sec. Sec. 75.1107-
7, 75.1107-9, and 75.1107-10 may be reduced by one-fourth if space
limitations on the equipment require such reduction.

[37 FR 15303, July 29, 1972]

Sec. 75.1107-12 Inerting of mine atmosphere prohibited.

No fire suppression device designed to control fire by total
flooding shall be installed to protect unattended underground equipment
except in enclosed dead-end entries or enclosed rooms.

[37 FR 15303, July 29, 1972]

Sec. 75.1107-13 Approval of other fire suppression devices.

Notwithstanding the provisions of Sec. Sec. 75.1107-1 through
75.1107-12 the District Manager for the District in which the mine is
located may approve any other fire suppression system or device which
provides substantially equivalent protection as would be achieved
through compliance with those sections: Provided, That no such system or
device shall be approved which does not meet the following minimum
criteria:
(a) Components shall be approved by the Secretary, or where
appropriate be listed as approved by a nationally recognized agency
approved by the Secretary.
(b) The fire suppression equipment shall be designed to withstand
the rigors of the mine environment. Where used, pressure vessels shall
conform with the requirements of section 3603, 3606, 3607, 3707, and
3708 of National Fire Code No. 22 ``Water Tanks for Private Fire
Protection'' (NFPA No. 22-1971).
(c) The cover of hose of fire suppression devices, if used on the
protected equipment, shall meet the flame-resistant requirements of Part
18 of this chapter (Bureau of Mines Schedule 2G).
(d) Extinguishing agents shall not create a serious toxic or other
hazard to the miners.
(e) The electrical components of the fire suppression device shall
meet the requirements for electrical components of the mining machine.
(f) Where used, manual actuators for initiating the operation of the
fire suppression device shall be readily accessible to the machine
operator. On unattended equipment, an automatic as well as a manual
actuator shall be provided.
(g) On unattended equipment the fire suppression device shall
operate independently of the power to the main motor (or equivalent) so
it will remain operative if the circuit breakers (or other protective
device) actuates. On attended equipment powered through a trailing cable
the fire suppression device shall operate independently of the
electrical power provided by the cable.
(h) On unattended equipment, the sensor system shall have a means
for checking its operative condition.
(i) The fire suppression agent shall be directed at locations where
the greatest potential fire hazard exists. Cable reel compartments shall
receive approximately twice the quantity of extinguishing agent as each
other hazardous location.
(j) The rate of application of the fire suppression agent shall
minimize the time for quenching and the total quantity applied shall be
sufficient to quench a fire in its incipient stage.
(k) The effectiveness of the quenching agent, together with the
total quantity of agent and its rate of application shall provide
equivalent protection to the water, dry powder, or foam

[[Page 643]]

systems described in Sec. Sec. 75.1107-7, 75.1107-9, and 75.1107-10.
(l) The fire suppression device shall be operable at all times
electrical power is connected to the mining machine, except during
tramming when the machine is in a ventilated passageway, the water hose
if used, may be switched from one hydrant to another in a reasonable
time and except in systems meeting the minimum special criteria set
forth in paragraph (m) of this section.
(m) Systems for attended equipment which are not continuously
connected to a water supply shall not be approved unless they meet the
following minimum criteria:
(1) The machine shall be equipped with a firehose at least 50 feet
in length which is continuously connected to the machine-mounted portion
of the system.
(2) Hydrants in proximity to the area where the machine is to be
used shall be equipped with sufficient hose to reach the machine at any
time it is connected to a power source.
(3) The machine shall be used only where the operator (or other
person) will always be in ventilated air uncontaminated by smoke and hot
gases from the machine fire while extending the machine-mounted hose to
connect with the hydrant-mounted hose.
(4) The machine and hydrant hoses shall be readily accessible so
that the connection between the machine-mounted hose and the hydrant
hose can be made and water flow achieved in not more than 3 minutes
under actual mining conditions for any location of the machine while
electric power is connected.
(5) The rate of water flow at the machine shall provide a minimum of
0.12 gallon of water per minute per square foot of top surface area
(excluding conveyors, cutters, and gathering heads). The water shall
discharge to all hazardous locations on the machine.
(6) Hose, if used on the machine, in addition to meeting the flame
resistant requirements for the cover of a hose provided in Sec. Sec.
75.1107-3(b) and 75.1107-13(c) shall have a minimum burst pressure 4
times that of the static water pressure at the mining machine. Fabric
braid hose shall have at least two braids, and wire braid hose shall
have at least a single braid.
(7) In addition to the hose located at the hydrant (which is
intended to be connected to the hose on the machine) the firefighting
equipment required by Sec. 75.1100-2(a) shall be maintained.
(8) A sufficient number of trained miners shall be kept on the
section when the machine is in use to connect the machine hose to the
hydrant hose and achieve water flow in not more than 3 minutes.

[37 FR 15303, July 29, 1972]

Sec. 75.1107-14 Guards and handrails; requirements where fire
suppression devices are employed.

All unattended underground equipment provided with fire suppression
devices which are mounted in dead end entries, enclosed rooms or other
potentially hazardous locations shall be equipped with adequate guards
at moving or rotating components. Handrails or other effective
protective devices shall be installed at such locations where necessary
to facilitate rapid egress from the area surrounding such equipment.

[37 FR 15303, July 29, 1972]

Sec. 75.1107-15 Fire suppression devices; hazards; training of miners.

Each operator shall instruct all miners normally assigned to the
active workings of the mine with respect to any hazards inherent in the
operation of all fire suppression devices installed in accordance with
Sec. 75.1107-1 and, where appropriate, the safeguards available at each
such installation.

[37 FR 15303, July 29, 1972]

Sec. 75.1107-16 Inspection of fire suppression devices.

(a) All fire suppression devices shall be visually inspected at
least once each week by a person qualified to make such inspections.
(b) Each fire suppression device shall be tested and maintained in
accordance with the requirements specified in the appropriate National
Fire Code listed as follows for the type and kind of device used:

[[Page 644]]

National Fire Code No. 11A ``High Expansion Foam Systems'' (NFPA No.
11A--1970).
National Fire Code No. 13A ``Care and Maintenance of Sprinkler Systems''
(NFPA No. 13A--1971).
National Fire Code No. 15 ``Water Spray Fixed Systems for Fire
Protection'' (NFPA No. 15--1969).
National Fire Code No. 17 ``Dry Chemical Extinguishing Systems'' (NFPA
No. 17--1969).
National Fire Code No. 72A ``Local Protective Signaling Systems'' (NFPA
No. 72A--1967).
National Fire Code No. 198 ``Care of Fire Hose'' (NFPA No. 198--1969).

(c) A record of the inspections required by this section shall be
maintained by the operator. The record of the weekly inspections may be
maintained at an appropriate location by each fire suppression device.

[37 FR 15304, July 29, 1972, as amended at 60 FR 33723, June 29, 1995]

Sec. 75.1107-17 Incorporation by reference; availability of publications.

In accordance with 5 U.S.C. 552(a), the technical publications to
which reference is made in Sec. Sec. 75.1107-1 through 75.1107-16, and
which have been prepared by organizations other than the Bureau of Mines
or the Mine Safety and Health Administration, are hereby incorporated by
reference and made a part hereof. The incorporated publications are
available for examination at each MSHA Coal Mine Safety and Health
district office. National Fire Codes are available from the National
Fire Protection Association, 11 Tracy Drive, Avon, MA 02322; Telephone:
800-344-3555 (toll free); http://www.nfpa.org.

[37 FR 15304, July 29, 1972, as amended at 71 FR 16669, Apr. 3, 2006]

Sec. 75.1108 Approved conveyor belts.

(a) Until December 31, 2009 conveyor belts placed in service in
underground coal mines shall be:
(1) Approved under Part 14; or
(2) Accepted under Part 18.
(b) Effective December 31, 2009 conveyor belts placed in service in
underground coal mines shall be approved under Part 14. If MSHA
determines that Part 14 approved belt is not available, the Agency will
consider an extension of the effective date.
(c) Effective December 31, 2018 all conveyor belts used in
underground coal mines shall be approved under Part 14.

[73 FR 80616, Dec. 31, 2008]

Subpart M_Maps

Sec. 75.1200 Mine map.

[Statutory Provisions]

The operator of a coal mine shall have in a fireproof repository
located in an area on the surface of the mine chosen by the mine
operator to minimize the danger of destruction by fire or other hazard,
an accurate and up-to-date map of such mine drawn on scale. Such map
shall show:
(a) The active workings;
(b) All pillared, worked out, and abandoned areas, except as
provided in this section;
(c) Entries and aircourses with the direction of airflow indicated
by arrows;
(d) Contour lines of all elevations;
(e) Elevations of all main and cross or side entries;
(f) Dip of the coalbed;
(g) Escapeways;
(h) Adjacent mine workings within 1,000 feet;
(i) Mines above or below;
(j) Water pools above; and
(k) Either producing or abandoned oil and gas wells located within
500 feet of such mine and any underground area of such mine; and,
(l) Such other information as the Secretary may require. Such map
shall identify those areas of the mine which have been pillared, worked
out, or abandoned, which are inaccessible or cannot be entered safely
and on which no information is available.

Sec. 75.1200-1 Additional information on mine map.

Additional information required to be shown on mine maps under Sec.
75.1200 shall include the following:
(a) Name and address of the mine;
(b) The scale and orientation of the map;
(c) The property or boundary lines of the mine;
(d) All drill holes that penetrate the coalbed being mined;

[[Page 645]]

(e) All shaft, slope, drift, and tunnel openings and auger and strip
mined areas of the coalbed being mined;
(f) The location of all surface mine ventilation fans; the location
may be designated on the mine map by symbols;
(g) The location of railroad tracks and public highways leading to
the mine, and mine buildings of a permanent nature with identifying
names shown;
(h) The location and description of at least two permanent base line
points coordinated with the underground and surface mine traverses, and
the location and description of at least two permanent elevation bench
marks used in connection with establishing or referencing mine elevation
surveys;
(i) The location of any body of water dammed in the mine or held
back in any portion of the mine; provided, however, such bodies of water
may be shown on overlays or tracings attached to the mine maps used to
show contour lines as provided under paragraph (m) of this section;
(j) The elevations of tops and bottoms of shafts and slopes, and the
floor at the entrance to drift and tunnel openings;
(k) The elevation of the floor at intervals of not more than 200
feet in:
(1) At least one entry of each working section, and main and cross
entries;
(2) The last line of open crosscuts of each working section, and
main and cross entries before such sections and main and cross entries
are abandoned;
(3) Rooms advancing toward or adjacent to property or boundary lines
or adjacent mines;
(l) The elevation of any body of water dammed in the mine or held
back in any portion of the mine; and,
(m) Contour lines passing through whole number elevations of the
coalbed being mined. The spacing of such lines shall not exceed 10-foot
elevation levels, except that a broader spacing of contour lines may be
approved by the District Manager for steeply-pitching coalbeds. Contour
lines may be placed on overlays or tracings attached to mine maps.
(n) The locations of refuge alternatives.

[35 FR 17890, Nov. 20, 1970, as amended at 73 FR 80697, Dec. 31, 2008]

Sec. 75.1200-2 Accuracy and scale of mine maps.

(a) The scale of mine maps submitted to the Secretary shall not be
less than 100 or more than 500 feet to the inch.
(b) Mine traverses shall be advanced by closed loop methods of
traversing or other equally accurate methods of traversing.

Sec. 75.1201 Certification.

[Statutory Provisions]

Such map shall be made or certified by a registered engineer or a
registered surveyor of the State in which the mine is located.

Sec. 75.1202 Temporary notations, revisions, and supplements.

[Statutory Provisions]

Such map shall be kept up-to-date by temporary notations and such
map shall be revised and supplemented at intervals prescribed by the
Secretary on the basis of a survey made or certified by such engineer or
surveyor.

Sec. 75.1202-1 Temporary notations, revisions, and supplements.

(a) Mine maps shall be revised and supplemented at intervals of not
more than 6 months.
(b) Temporary notations shall include:
(1) The location of each working face of each working place;
(2) Pillars mined or other such second mining;
(3) Permanent ventilation controls constructed or removed, such as
seals, overcasts, undercasts, regulators, and permanent stoppings, and
the direction of air currents indicated;
(4) Escapeways and refuge alternatives designated by means of
symbols.

[35 FR 17890, Nov. 20, 1970, as amended at 73 FR 80697, Dec. 31, 2008]

[[Page 646]]

Sec. 75.1203 Availability of mine map.

[Statutory Provisions]

The coal mine map and any revision and supplement thereof shall be
available for inspection by the Secretary or his authorized
representative, by coal mine inspectors of the State in which the mine
is located, by miners in the mine and their representatives and by
operators of adjacent coal mines and by persons owning, leasing, or
residing on surface areas of such mines or areas adjacent to such mines.
The operator shall furnish to the Secretary or his authorized
representative and to the Secretary of Housing and Urban Development,
upon request, one or more copies of such maps and any revision and
supplement thereof. Such map or revision and supplement thereof shall be
kept confidential and its contents shall not be divulged to any other
person, except to the extent necessary to carry out the provisions of
this Act and in connection with the functions and responsibilities of
the Secretary of Housing and Urban Development.

Sec. 75.1204 Mine closure; filing of map with Secretary.

[Statutory Provisions]

Whenever an operator permanently closes or abandons a coal mine, or
temporarily closes a coal mine for a period of more than 90 days, he
shall promptly notify the Secretary of such closure. Within 60 days of
the permanent closure or abandonment of the mine, or, when the mine is
temporarily closed, upon the expiration of a period of 90 days from the
date of closure, the operator shall file with the Secretary a copy of
the mine map revised and supplemented to the date of the closure. Such
copy of the mine map shall be certified by a registered surveyor or
registered engineer of the State in which the mine is located and shall
be available for public inspection.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]

Sec. 75.1204-1 Places to give notice and file maps.

Operators shall give notice of mine closures and file copies of maps
with the Coal Mine Safety and Health District Office for the district in
which the mine is located.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995;
71 FR 16669, Apr. 3, 2006]

Subpart N_Explosives and Blasting

Source: 53 FR 46786, Nov. 18, 1988, unless otherwise noted.

Sec. 75.1300 Definitions.

The following definitions apply in this subpart.
Approval. A document issued by MSHA which states that an explosive
or explosive unit has met the requirements of this part and which
authorizes an approval marking identifying the explosive or explosive
unit as approved as permissible.
Battery starting. The use of unconfined explosives to start the flow
of coal down a breast or chute in an anthracite mine.
Blasting off the solid. Blasting the working face without providing
a second free face by cutting, shearing or other method before blasting.
Instantaneous detonator. An electric detonator that fires within 6
milliseconds after application of the firing current.
Laminated partition. A partition composed of the following material
and minimum nominal dimensions: \1/2\-inch thick plywood, \1/2\-inch
thick gypsum wall board, \1/8\-inch thick low carbon steel and \1/4\-
inch thick plywood, bonded together in that order.
Opener hole. The first hole or holes fired in a round blasted off
the solid to create an additional free face.
Permissible blasting unit. A device that has been approved by MSHA
and that is used for firing electric detonators.
Permissible explosive. Any substance, compound or mixture which is
approved by MSHA and whose primary purpose is to function by explosion.
Round. A group of boreholes fired or intended to be fired in a
continuous sequence with one application of the firing current.
Sheathed explosive unit. A device consisting of an approved or
permissible explosive covered by a sheath encased

[[Page 647]]

in a sealed covering and designed to be fired outside the confines of a
borehole.
Short-delay electric detonator. An electric detonator with a
designated delay period of 25 to 1,000 milliseconds.

Sec. 75.1301 Qualified person.

(a) A qualified person under this subpart is a person who--
(1) Is certified or qualified to use explosives by the State in
which the mine is located provided that the State requires a
demonstration of ability to safely use permissible explosives as
prescribed by this subpart effective January 17, 1989; or
(2) In States that do not certify or qualify persons to use
explosives required by this section, has at least 1 year of experience
working in an underground coal mine that includes direct involvement
with procedures for handling, loading, and preparing explosives for
blasting and demonstrates to an authorized representative of the
Secretary the ability to use permissible explosives safely.
(b) Persons qualified or certified by a State to use permissible
explosives in underground coal mines as of May 17, 1989, are considered
qualified under this section even though their State program did not
contain a demonstration of ability requirement.

[35 FR 17890, Nov. 20, 1970, as amended at 56 FR 51616, Oct. 11, 1991;
60 FR 33723, June 29, 1995]

Sec. 75.1310 Explosives and blasting equipment.

(a) Only permissible explosives, approved sheathed explosive units,
and permissible blasting units shall be taken or used underground.
(b) Black blasting powder, aluminum-cased detonators, aluminum-
alloy-cased detonators, detonators with aluminum leg wires, and safety
fuses shall not be taken or used underground.
(c) Explosives shall be fired only with a permissible blasting unit
used in a manner consistent with its approval. Blasting units approved
by MSHA that have approval labels specifying use with short-delay
detonators with delay periods between 25-500 milliseconds are accepted
to fire short-delay detonators up to 1,000 milliseconds, instantaneous
detonators and long period delay detonators for anthracite mines.
(d) Permissible explosives and sheathed explosive units shall not be
used underground when they are below the minimum product firing
temperature specified by the approval. Explosives previously approved
which do not specify a minimum firing temperature are permissible for
use so long as the present approval is maintained.
(e) Electric detonators shall be compatible with the blasting unit
and have sufficient strength to initiate the explosives being used.

Sec. 75.1311 Transporting explosives and detonators.

(a) When explosives and detonators are to be transported
underground--
(1) They shall be enclosed in separate, substantially constructed
containers made of nonconductive material, with no metal or other
conductive materials exposed inside, except as specified in paragraph
(d) of this section; and
(2) Each container of explosives and of detonators shall be
indelibly marked with a readily visible warning identifying the
contents.
(b) When explosives and detonators are transported by any cars or
vehicles--
(1) The cars or vehicles shall be marked with warnings to identify
the contents as explosive. The warnings shall be readily visible to
miners approaching from any direction and in indelible letters;
(2) Explosives and detonators shall be transported either in
separate cars or vehicles, or if in the same cars or vehicles as
follows:
(i) Class A and Class C detonators in quantities greater than 1,000
shall be kept in the original containers as shipped from the
manufacturer and separated from explosives by a hardwood partition at
least 4 inches thick, a laminated partition or equivalent; and
(ii) Class A and Class C detonators in quantities of no more than
1,000 shall be separated from explosives by a hardwood partition at
least 4 inches thick, a laminated partition or equivalent.
(3) No persons, other than those necessary to operate the equipment
or to

[[Page 648]]

accompany the explosives and detonators, shall be transported with
explosives and detonators, and
(4) When explosives and detonators are transported using trolley
locomotives--
(i) Trips carrying explosives and detonators shall be separated from
all other mantrips by at least a 5-minute interval; and
(ii) Cars containing explosives or detonators shall be separated
from the locomotives by at least one car that is empty or that contains
noncombustible materials.
(c) When explosives and detonators are transported on conveyor
belts--
(1) Containers of explosives shall be separated from containers of
detonators by at least 50 feet;
(2) At least 6 inches of clearance shall be maintained between the
top of any container of explosives or container of detonators and the
mine roof or other obstruction;
(3) Except when persons are riding the belt to accompany explosives
or detonators, a person shall be at each transfer point between belts
and at the unloading location; and
(4) Conveyor belts shall be stopped before explosives or detonators
are loaded or unloaded.
(d) When explosives and detonators are transported by hand they
shall be carried in separate, nonconductive, closed containers.

Sec. 75.1312 Explosives and detonators in underground magazines.

(a) The quantity of explosives kept underground shall not be more
than is needed for 48 hours of use.
(b) Except as provided in Sec. 75.1313, explosives and detonators
taken underground shall be kept in--
(1) Separate, closed magazines at least 5 feet apart; or
(2) The same closed magazine when--
(i) Separated by a hardwood partition at least 4 inches thick; or
(ii) Separated by a laminated partition; or
(iii) Separated by a device that is equivalent.
(c) Only explosives and detonators shall be kept in underground
magazines.
(d) Magazines shall be substantially constructed and all interior
surfaces shall be made of nonconductive material, with no metal or other
conductive material exposed inside.
(e) All magazines shall be--
(1) Located at least 25 feet from roadways and any source of
electric current;
(2) Located out of the direct line of the forces from blasting; and
(3) Kept as dry as practicable.
(f) Magazine locations shall be posted with indelibly marked and
readily visible warnings indicating the presence of explosives.
(g) Only materials and equipment to be used in blasting shall be
stored at magazine locations.

Sec. 75.1313 Explosives and detonators outside of magazines.

(a) The quantity of explosives outside a magazine for use in a
working section or other area where blasting is to be performed shall--
(1) Not exceed 100 pounds; or
(2) Not exceed the amount necessary to blast one round when more
than 100 pounds of explosives is required.
(b) Explosives and detonators outside a magazine that are not being
transported or prepared for loading boreholes shall be kept in closed
separate containers made of nonconductive material with no metal or
other conductive material exposed inside and the containers shall be--
(1) At least 15 feet from any source of electric current;
(2) Out of the direct line of the forces from blasting;
(3) In a location to prevent damage by mobile equipment; and
(4) Kept as dry as practicable.
(c) Explosives and detonators not used during the shift shall be
returned to a magazine by the end of the shift.

Sec. 75.1314 Sheathed explosive units.

(a) A separate instantaneous detonator shall be used to fire each
sheathed explosive unit.
(b) Sheathed explosive units shall be primed and placed in position
for firing only by a qualified person or a person working in the
presence of and under the direction of a qualified person. To prime a
sheathed explosive unit, the

[[Page 649]]

entire detonator shall be inserted into the detonator well of the unit
and be held securely in place.
(c) Sheathed explosive units shall not be primed until immediately
before the units are placed where they are to be fired. A sheathed
explosive unit shall not be primed if it is damaged or deteriorated.
(d) Except in anthracite mines, rock dust shall be applied to the
roof, ribs and floor within a 40-foot radius of the location where the
sheathed explosive units are to be fired.
(e) No more than three sheathed explosive units shall be fired at
one time.
(f) No sheathed explosive unit shall be fired in contact with
another sheathed explosive unit.

Sec. 75.1315 Boreholes for explosives.

(a) All explosives fired underground shall be confined in boreholes
except--
(1) Sheathed explosives units and other explosive units approved by
MSHA for firing outside the confines of a borehole; and
(2) Shots fired in anthracite mines for battery starting or for
blasting coal overhangs. No person shall go inside a battery to start
the flow of material.
(b) Each borehole in coal for explosives shall be at least 24 inches
from any other borehole and from any free face, unless prohibited by the
thickness of the coal seam.
(c) Each borehole in rock for explosives shall be at least 18 inches
from any other borehole in rock, at least 24 inches from any other
borehole in coal, and at least 18 inches from any free face.
(d) No borehole that has contained explosives shall be used for
starting any other hole.
(e) When blasting slab rounds off the solid, opener holes shall not
be drilled beyond the rib line.
(f) When coal is cut for blasting, the coal shall be supported if
necessary to maintain the stability of the column of explosives in each
borehole.

Sec. 75.1316 Preparation before blasting.

(a)(1) All nonbattery-powered electric equipment, including cables,
located within 50 feet from boreholes to be loaded with explosives or
the sites where sheathed explosive units are to be placed and fired
shall be deenergized or removed to at least 50 feet from these locations
before priming of explosives. Battery-powered equipment shall be removed
to at least 50 feet from these locations before priming of explosives.
(2) As an alternative to paragraph (a)(1) of this section, electric
equipment, including cables, need not be deenergized or removed if
located at least 25 feet from these locations provided stray current
tests conducted prior to priming the explosives detect stray currents of
0.05 ampere or less through a 1-ohm resistor.
(i) Tests shall be made at floor locations on the perimeter, on
energized equipment frames and on repaired areas of energized cables
within the area between 25 to 50 feet from the locations where the
explosives are to be primed.
(ii) Tests shall be conducted using a blasting multimeter or other
instrument specifically designed for such use.
(3) The blasting cable or detonator circuitry shall not come in
contact with energized electric equipment, including cables.
(b) Before loading boreholes with explosives, each borehole shall be
cleared and its depth and direction determined.
(c) No borehole drilled beyond the depth of cut coal shall be loaded
with explosives unless that portion of the borehole deeper than the cut
is tamped with noncombustible material.
(d) When two working faces are approaching each other, cutting,
drilling and blasting shall be done at only one working face at a time
if the two faces are within 25 feet of each other.

[35 FR 17890, Nov. 20, 1970, as amended at 56 FR 51616, Oct. 11, 1991]

Sec. 75.1317 Primer cartridges.

(a) Primer cartridges shall be primed and loaded only by a qualified
person or a person working in the presence of and under the direction of
a qualified person.
(b) Primer cartridges shall not be primed until immediately before
loading boreholes.
(c) Only a nonsparking punch shall be used when priming explosive
cartridges.

[[Page 650]]

(d) Detonators shall be completely within and parallel to the length
of the cartridge and shall be secured by half-hitching the leg wires
around the cartridge or secured by an equally effective method.

Sec. 75.1318 Loading boreholes.

(a) Explosives shall be loaded by a qualified person or a person
working in the presence of and under the direction of a qualified
person.
(b) When boreholes are being loaded, no other work except that
necessary to protect persons shall be done in the working place or other
area where blasting is to be performed.
(c) When loading boreholes drilled at an angle of 45 degrees or
greater from the horizontal in solid rock or loading long holes drilled
upward in anthracite mines--
(1) The first cartridge in each borehole shall be the primer
cartridge with the end of the cartridge containing the detonator facing
the back of the borehole; and
(2) The explosive cartridges shall be loaded in a manner that
provides contact between each cartridge in the borehole.
(d) When loading other boreholes--
(1) The primer cartridge shall be the first cartridge loaded in the
borehole;
(2) The end of the cartridge in which the detonator is inserted
shall face the back of the borehole; and
(3) The primer cartridge and other explosives shall be pushed to the
back of the borehole in a continuous column with no cartridge being
deliberately crushed or deformed.
(e) An explosive shall not be loaded into a borehole if it is
damaged, deteriorated or if the cartridge is incompletely filled.
(f) Explosives of different brands, types or cartridge diameters
shall not be loaded in the same borehole.
(g) Only nonconductive, nonsparking tamping poles shall be used for
loading and tamping boreholes. The use of nonsparking connecting devices
for extendable tamping poles is permitted.

[53 FR 46786, Nov. 18, 1988; 54 FR 888, Jan. 10, 1989]

Sec. 75.1319 Weight of explosives permitted in boreholes in bituminous
and lignite mines.

(a) The total weight of explosives loaded in any borehole in
bituminous and lignite mines shall not exceed 3 pounds except when
blasting solid rock in its natural deposit.
(b) The total weight of explosives loaded in a borehole less than 6
feet deep in bituminous and lignite mines shall be reduced by \1/2\
pound for each foot of borehole less than 6 feet.

Sec. 75.1320 Multiple-shot blasting.

(a) No more than 20 boreholes shall be fired in a round unless
permitted in writing by the District Manager under Sec. 75.1321.
(b) Instantaneous detonators shall not be used in the same circuit
with delay detonators in any underground coal mine.
(c) In bituminous and lignite mines, only detonators with delay
periods of 1,000 milliseconds or less shall be used.
(d) When blasting in anthracite mines, each borehole in a round
shall be initiated in sequence from the opener hole or holes.
(e) Arrangement of detonator delay periods for bituminous and
lignite mines shall be as follows:
(1) When blasting cut coal--
(i) The first shot or shots fired in a round shall be initiated in
the row nearest the kerf or the row or rows nearest the shear; and
(ii) After the first shot or shots, the interval between the
designated delay periods of successive shots shall be at least 50
milliseconds but not more than 100 milliseconds.
(2) When blasting coal off the solid--
(i) Each shot in the round shall be initiated in sequence from the
opener hole or holes; and
(ii) After the first shot or shots, the interval between the
designated delay periods of successive shots shall be at least 50
milliseconds but not more than 100 milliseconds.

Sec. 75.1321 Permits for firing more than 20 boreholes and for use
of nonpermissible blasting units.

(a) Applications for permits for firing more than 20 boreholes in a
round and for the use of nonpermissible blasting

[[Page 651]]

units shall be submitted in writing to the District Manager for the
district in which the mine is located and shall contain the following
information:
(1) The name and address of the mine;
(2) The active workings in the mine affected by the permit and the
approximate number of boreholes to be fired;
(3) The period of time during which the permit will apply;
(4) The nature of the development or construction for which they
will be used, e.g., overcasts, undercasts, track grading, roof brushing
or boom holes;
(5) A plan, proposed by the operator designed to protect miners in
the mine from the hazards of methane and other explosive gases during
each multiple shot, e.g., changes in the mine ventilation system,
provisions for auxiliary ventilation and any other safeguards necessary
to minimize such hazards;
(6) A statement of the specific hazards anticipated by the operator
in blasting for overcasts, undercasts, track grading, brushing of roof,
boom holes or other unusual blasting situations such as coalbeds of
abnormal thickness; and
(7) The method to be employed to avoid the dangers anticipated
during development or construction which will ensure the protection of
life and the prevention of injuries to the miners exposed to such
underground blasting.
(b) The District Manager may permit the firing of more than 20
boreholes of permissible explosives in a round where he has determined
that it is necessary to reduce the overall hazard to which miners are
exposed during underground blasting. He may also permit the use of
nonpermissible blasting units if he finds that a permissible blasting
unit does not have adequate blasting capacity and that the use of such
permissible units will create any of the following development or
construction hazards:
(1) Exposure to disturbed roof in an adjacent cavity while scaling
and supporting the remaining roof prior to wiring a new series of
boreholes;
(2) Exposure to underburden boreholes where prior rounds have
removed the burden adjacent to a remaining borehole;
(3) Exposure to an unsupported roof while redrilling large
fragmented roof rock following the loss of predrilled boreholes during
earlier blasting operations; or
(4) Any other hazard created by the use of permissible blasting
units during underground development or construction.
(c) Permits shall be issued on a mine-by-mine basis for periods of
time to be specified by the District Manager.
(d) Permits issued under this section shall specify and include as a
condition of their use, any safeguards, in addition to those proposed by
the operator, which the District Manager issuing such permit has
determined will be required to ensure the welfare of the miners employed
in the mine at the time of the blasting permitted.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]

Sec. 75.1322 Stemming boreholes.

(a) Only noncombustible material shall be used for stemming
boreholes.
(b) Stemming materials other than water stemming bags shall be
tamped to fill the entire cross sectional area of the borehole.
(c) Stemming material shall contact the explosive cartridge nearest
the collar of the borehole.
(d) Each borehole 4 or more feet deep shall be stemmed for at least
24 inches.
(e) Each borehole less than 4 feet deep shall be stemmed for at
least half the depth of the borehole.
(f) When blasting off the solid in bituminous and lignite mines,
only pliable clay dummies shall be used for stemming.
(g) The diameter of a water stemming bag shall be within \1/4\ of an
inch of the diameter of the drill bit used to drill the borehole.
(h) Water stemming bags shall be constructed of tear-resistant and
flame-resistant material and be capable of withstanding a 3-foot drop
when filled without rupturing or developing leaks.

Sec. 75.1323 Blasting circuits.

(a) Blasting circuits shall be protected from sources of stray
electric current.
(b) Detonators made by different manufacturers shall not be combined
in the same blasting circuit.

[[Page 652]]

(c) Detonator leg wires shall be shunted until connected into the
blasting circuit.
(d) Blasting cables shall be--
(1) Well insulated, copper wire of a diameter not smaller than 18-
gauge; and
(2) Long enough to permit the round to be fired from a safe location
that is around at least one corner from the blasting area.
(e) Blasting cables shall be shunted until immediately before
firing, except when testing for circuit continuity.
(f) Wire used between the blasting cable and detonator circuitry
shall--
(1) Be undamaged;
(2) Be well insulated;
(3) Have a resistance no greater than 20-gauge copper wire; and
(4) Be not more than 30 feet long.
(g) Each wire connection in a blasting circuit shall be--
(1) Properly spliced; and
(2) Separated from other connections in the circuit to prevent
accidental contact and arcing.
(h) Uninsulated connections in each blasting circuit shall be kept
out of water and shall not contact the coal, roof, ribs, or floor.
(i) When 20 or fewer boreholes are fired in a round, the blasting
circuit shall be wired in a single series.
(j) Immediately prior to firing, all blasting circuits shall be
tested for continuity and resistance using a blasting galvanometer or
other instrument specifically designed for testing blasting circuits.

[53 FR 46786, Nov. 18, 1988; 54 FR 27641, June 30, 1989]

Sec. 75.1324 Methane concentration and tests.

(a) No shot shall be fired in an area that contains 1.0 volume
percent or more of methane.
(b) Immediately before shots are fired, the methane concentration in
a working place or any other area where blasting is to be performed,
shall be determined by a person qualified to test for methane.

Sec. 75.1325 Firing procedures.

(a) Shots shall be fired by a qualified person or a person working
in the presence of and under the direction of a qualified person.
(b) Only one face in a working place shall be blasted at a time,
except that when blasting cut coal up to three faces may be blasted in a
round if each face has a separate kerf and no more than a total of 20
shots connected in a single series are fired in the round. A permit to
fire more than 20 boreholes in a round under the provisions of 30 CFR
75.1320 and 75.1321 may not be obtained for use when blasting multiple
faces.
(c) Before blasting--
(1) All persons shall leave the blasting area and each immediately
adjacent working place where a hazard would be created by the blast, to
an area that is around at least one corner from the blasting area;
(2) The qualified person shall ascertain that all persons are a safe
distance from the blasting area; and
(3) A warning shall be given and adequate time allowed for persons
to respond.
(d) All shots shall be fired promptly, after all persons have been
removed to a safe location.

[35 FR 17890, Nov. 20, 1970, as amended at 56 FR 51616, Oct. 11, 1991]

Sec. 75.1326 Examination after blasting.

(a) After blasting, the blasting area shall not be entered until it
is clear of smoke and dust.
(b) Immediately after the blasting area has cleared, a qualified
person or a person working in the presence of and under the direction of
a qualified person, shall examine the area for misfires, methane and
other hazardous conditions.
(c) If a round has partially detonated, the qualified person shall
immediately leave the area and no person shall reenter the affected area
for at least 5 minutes.

Sec. 75.1327 Misfires.

(a) When misfires occur, only work by a qualified person to dispose
of misfires and other work necessary to protect persons shall be done in
the affected area.
(b) When a misfire cannot be disposed of--

[[Page 653]]

(1) A qualified person shall post each accessible entrance to the
area affected by the hazard of the misfire with a warning at a
conspicuous location to prohibit entry; and
(2) The misfire shall be immediately reported to mine management.

[53 FR 46786, Nov. 18, 1988; 54 FR 27641, June 30, 1989]

Sec. 75.1328 Damaged or deteriorated explosives and detonators.

(a) Damaged explosives or detonators shall be--
(1) Placed in separate containers constructed of nonconductive and
nonsparking materials; and
(2) Removed from the mine or placed in a magazine and removed when
the magazine is resupplied.
(b) Damaged detonators shall be shunted, if practicable, either
before being removed from the mine or placed in a magazine.
(c) Deteriorated explosives and detonators shall be handled and
disposed of in accordance with the instructions of the manufacturer.

Subpart O_Hoisting and Mantrips

Sec. 75.1400 Hoisting equipment; general.

(a) Every hoist used to transport persons shall be equipped with
overspeed, overwind, and automatic stop controls.
(b) Every hoist handling a platform, cage, or other device used to
transport persons shall be equipped with brakes capable of stopping the
fully loaded platform, cage, or other device.
(c) Cages, platforms, or other devices used to transport persons in
shafts and slopes shall be equipped with safety catches or other no less
effective devices approved by the Secretary that act quickly and
effectively in an emergency. Such catches or devices shall be tested at
least once every two months.
(d) Hoisting equipment, including automatic elevators, used to
transport persons shall be examined daily.
(e) Where persons are transported into or out of a mine by a hoist,
a qualified hoisting engineer shall be on duty while any person is
underground. No such engineer, however, shall be required for
automatically operated cages, platforms, or elevators.

[48 FR 53239, Nov. 25, 1983]

Sec. 75.1400-1 Hoists; brakes, capability.

Brakes on hoists used to transport persons shall be capable of
stopping and holding the fully loaded platform, cage, or other device at
any point in the shaft, slope, or incline.

Sec. 75.1400-2 Hoists; tests of safety catches; records.

A record shall be made in a book of the tests, required by Sec.
75.1400, of the safety catches or other devices approved by the
Secretary. Each entry shall be signed by the person making the tests and
countersigned by a responsible official.

Sec. 75.1400-3 Daily examination of hoisting equipment.

Hoists and elevators shall be examined daily and such examinations
shall include, but not be limited to, the following:
(a) Elevators. A visual examination of the rope for wear, broken
wires, and corrosion, especially at excessive strain points such as near
the attachments and where the rope rests on sheaves;
(b) Hoists and elevators. (1) An examination of the rope fastenings
for defects;
(2) An examination of safety catches;
(3) An examination of the cages, platforms, elevators, or other
devices for loose, missing or defective parts;
(4) An examination of the head sheaves to check for broken flanges,
defective bearings, rope alignment, and proper lubrication; and
(5) An observation of the lining and all other equipment and
appurtenances installed in the shaft.

[48 FR 53239, Nov. 25, 1983]

Sec. 75.1400-4 Certifications and records of daily examinations.

At the completion of each daily examination required by Sec.
75.1400, the person making the examination shall certify, by signature
and date, that the examination has been made. If any unsafe condition is
found during the examinations required by Sec. 75.1400-3, the

[[Page 654]]

person conducting the examination shall make a record of the condition
and the date. Certifications and records shall be retained for one year.

[48 FR 53239, Nov. 25, 1983, as amended at 60 FR 33723, June 29, 1995]

Sec. 75.1401 Hoists; rated capacities; indicators.

Hoists shall have rated capacities consistent with the loads
handled. An accurate and reliable indicator of the position of the cage,
platform, skip, bucket, or cars shall be provided.

[48 FR 53239, Nov. 25, 1983]

Sec. 75.1401-1 Hoists; indicators.

The indicator required by Sec. 75.1401 of this subpart shall be
placed so that it is in clear view of the hoisting engineer and shall be
checked daily to determine its accuracy.

[48 FR 53239, Nov. 25, 1983]

Sec. 75.1402 Communication between shaft stations and hoist room.

[Statutory Provisions]

There shall be at least two effective methods approved by the
Secretary of signaling between each of the shaft stations and the hoist
room, one of which shall be a telephone or speaking tube.

Sec. 75.1402-1 Communication between shaft stations and hoist room.

One of the methods used to communicate between shaft stations and
the hoist room shall give signals which can be heard by the hoisting
engineer at all times while men are underground.

Sec. 75.1402-2 Tests of signaling systems.

Signaling systems used for communication between shaft stations and
the hoist room shall be tested daily.

Sec. 75.1403 Other safeguards.

[Statutory Provisions]

Other safeguards adequate, in the judgment of an authorized
representative of the Secretary, to minimize hazards with respect to
transportation of men and materials shall be provided.

Sec. 75.1403-1 General criteria.

(a) Sections 75.1403-2 through 75.1403-11 set out the criteria by
which an authorized representative of the Secretary will be guided in
requiring other safeguards on a mine-by-mine basis under Sec. 75.1403.
Other safeguards may be required.
(b) The authorized representative of the Secretary shall in writing
advise the operator of a specific safeguard which is required pursuant
to Sec. 75.1403 and shall fix a time in which the operator shall
provide and thereafter maintain such safeguard. If the safeguard is not
provided within the time fixed and if it is not maintained thereafter, a
notice shall be issued to the operator pursuant to section 104 of the
Act.
(c) Nothing in the sections in the Sec. 75.1403 series in this
Subpart O precludes the issuance of a withdrawal order because of
imminent danger.

Sec. 75.1403-2 Criteria--Hoists transporting materials; brakes.

Hoists and elevators used to transport materials should be equipped
with brakes capable of stopping and holding the fully loaded platform,
cage, skip, car, or other device at any point in the shaft, slope, or
incline.

Sec. 75.1403-3 Criteria--Drum clutch; cage construction.

(a) The clutch of a free-drum on a personnel hoist should be
provided with a locking mechanism or interlocked with the brake to
prevent accidental withdrawal of the clutch.
(b) Cages used for hoisting persons should be constructed with the
sides enclosed to a height of at least six feet and should have gates,
safety chains, or bars across the ends of the cage when persons are
being hoisted or lowered.
(c) Self-dumping cages, platforms, or other devices used for
transportation of persons should have a locking device to prevent
tilting when persons are transported.
(d) An attendant should be on duty at the surface when persons are
being hoisted or lowered at the beginning and end of each shift.
(e) Precautions should be taken to protect persons working in shaft
sumps.

[[Page 655]]

(f) Workers should wear safety belts while doing work in or over
shafts.

[48 FR 53239, Nov. 25, 1983]

Sec. 75.1403-4 Criteria--Automatic elevators.

(a) The doors of automatic elevators should be equipped with
interlocking switches so arranged that the elevator car will be
immovable while any door is opened or unlocked, and arranged so that
such door or doors cannot be inadvertently opened when the elevator car
is not at a landing.
(b) A ``Stop'' switch should be provided in the automatic elevator
compartment that will permit the elevator to be stopped at any location
in the shaft.
(c) A slack cable device should be used where appropriate on
automatic elevators which will automatically shut-off the power and
apply the brakes in the event the elevator is obstructed while
descending.
(d) Each automatic elevator should be provided with a telephone or
other effective communication system by which aid or assistance can be
obtained promptly.

Sec. 75.1403-5 Criteria--Belt conveyors.

(a) Positive-acting stop controls should be installed along all belt
conveyors used to transport men, and such controls should be readily
accessible and maintained so that the belt can be stopped or started at
any location.
(b) Belt conveyors used for regularly scheduled mantrips should be
stopped while men are loading or unloading.
(c) All belt conveyors used for the transportation of persons should
have a minimum vertical clearance of 18 inches from the nearest overhead
projection when measured from the edge of the belt and there should be
at least 36 inches of side clearance where men board or leave such belt
conveyors.
(d) When men are being transported on regularly scheduled mantrips
on belt conveyors the belt speed should not exceed 300 feet per minute
when the vertical clearance is less than 24 inches, and should not
exceed 350 feet per minute when the vertical clearance is 24 inches or
more.
(e) Adequate illumination including colored lights or reflective
signs should be installed at all loading and unloading stations. Such
colored lights and reflective signs should be so located as to be
observable to all persons riding the belt conveyor.
(f) After supplies have been transported on belt conveyors such
belts should be examined for unsafe conditions prior to the
transportation of men on regularly scheduled mantrips, and belt
conveyors should be clear before men are transported.
(g) A clear travelway at least 24 inches wide should be provided on
both sides of all belt conveyors installed after March 30, 1970. Where
roof supports are installed within 24 inches of a belt conveyor, a clear
travelway at least 24 inches wide should be provided on the side of such
support farthest from the conveyor.
(h) On belt conveyors that do not transport men, stop and start
controls should be installed at intervals not to exceed 1,000 feet. Such
controls should be properly installed and positioned so as to be readily
accessible.
(i) Telephone or other suitable communications should be provided at
points where men or supplies are regularly loaded on or unloaded from
the belt conveyors.
(j) Persons should not cross moving belt conveyors, except where
suitable crossing facilities are provided.

Sec. 75.1403-6 Criteria--Self-propelled personnel carriers.

(a) Each self-propelled personnel carrier should:
(1) Be provided with an audible warning device;
(2) Be provided with a sealed-beam headlight, or its equivalent, on
each end;
(3) Be provided with reflectors on both ends and sides.
(b) In addition, each track-mounted self-propelled personnel carrier
should:
(1) Be provided with a suitable lifting jack and bar, which shall be
secured or carried in a tool compartment;
(2) Be equipped with 2 separate and independent braking systems
properly installed and well maintained;
(3) Be equipped with properly installed and well-maintained sanding
devices, except that personnel carriers (jitneys), which transport not
more

[[Page 656]]

than 5 men, need not be equipped with such sanding device;
(4) If an open type, be equipped with guards of sufficient strength
and height to prevent personnel from being thrown from such carriers.

Sec. 75.1403-7 Criteria--Mantrips.

(a) Mantrips should be operated independently of any loaded trip,
empty trip, or supply trip and should not be operated within 300 feet of
any trip, including another mantrip.
(b) A sufficient number of mantrip cars should be provided to
prevent overcrowding of men.
(c) Mantrips should not be pushed.
(d) Where mantrips are operated by locomotives on slopes such
mantrips should be coupled to the front and rear by locomotives capable
of holding such mantrips. Where ropes are used on slopes for mantrip
haulage, such conveyances should be connected by chains, steel ropes, or
other effective devices between mantrip cars and the rope.
(e) Safety goggles or eyeshields should be provided for all persons
being transported in open-type mantrips.
(f) All trips, including trailers and sleds, should be operated at
speeds consistent with conditions and the equipment used, and should be
so controlled that they can be stopped within the limits of visibility.
(g) All mantrips should be under the direction of a supervisor and
the operator of each mantrip should be familiar with the haulage safety
rules and regulations.
(h) Men should proceed in an orderly manner to and from mantrips and
no person should be permitted to get on or off a moving mantrip.
(i) [Reserved]
(j) Mantrips should not be permitted to proceed until the operator
of the mantrip is assured that he has a clear road.
(k) Supplies or tools, except small hand tools or instruments,
should not be transported with men.
(l) At places where men enter or leave mantrip conveyances, ample
clearance should be provided and provisions made to prevent persons from
coming in contact with energized electric circuits.
(m) The mine car next to a trolley locomotive should not be used to
transport men. Such cars may be used to transport small tools and
supplies. This is not to be construed as permitting the transportation
of large or bulky supplies such as shuttle car wheel units, or similar
material.
(n) Drop-bottom cars used to transport men should have the bottoms
secured with an additional locking device.
(o) Extraneous materials or supplies should not be transported on
top of equipment; however, materials and supplies that are necessary for
or related to the operation of such equipment may be transported on top
of such equipment if a hazard is not introduced.

[35 FR 17890, Nov. 20, 1970, as amended at 53 FR 46786, Nov. 18, 1988]

Sec. 75.1403-8 Criteria--Track haulage roads.

(a) The speed at which haulage equipment is operated should be
determined by the condition of the roadbed, rails, rail joints,
switches, frogs, and other elements of the track and the type and
condition of the haulage equipment.
(b) Track haulage roads should have a continuous clearance on one
side of at least 24 inches from the farthest projection of normal
traffic. Where it is necessary to change the side on which clearance is
provided, 24 inches of clearance should be provided on both sides for a
distance of not less than 100 feet and warning signs should be posted at
such locations.
(c) Track haulage roads developed after March 30, 1970, should have
clearance on the ``tight'' side of at least 12 inches from the farthest
projection of normal traffic. A minimum clearance of 6 inches should be
maintained on the ``tight'' side of all track haulage roads developed
prior to March 30, 1970.
(d) The clearance space on all track haulage roads should be kept
free of loose rock, supplies, and other loose materials.
(e) Positive stopblocks or derails should be installed on all tracks
near the top and at landings of shafts, slopes, and surface inclines.

[[Page 657]]

Sec. 75.1403-9 Criteria--Shelter holes.

(a) Shelter holes should be provided on track haulage roads at
intervals of not more than 105 feet unless otherwise approved by the
Coal Mine Safety District Manager(s).
(b) Shelter holes should be readily accessible and should be at
least 5 feet in depth, not more than 4 feet in width (except crosscuts
used as shelter holes) and at least the height of the coal seam where
the coal seam is less than 6 feet high and at least 6 feet in height
where the coal seam is 6 feet or more in height.
(c) Shelter holes should be kept free of refuse and other
obstructions. Crosscuts used as shelter holes should be kept free of
refuse or other materials to a depth of at least 15 feet.
(d) Shelter holes should be provided at all manually operated doors
and at switch throws except: (1) At room switches, or (2) at switches
where more than 6 feet of side clearance is provided. The Coal Mine
Safety District Manager(s) may permit exemption of this requirement if
such shelter holes create a hazardous roof condition.
(e) At each underground slope landing where men pass and cars are
handled, a shelter hole at least 10 feet in depth, 4 feet in width, and
6 feet in height should be provided.

Sec. 75.1403-10 Criteria--Haulage; general.

(a) A permissible trip light or other approved device such as
reflectors, approved by the Coal Mine Safety District Manager(s), should
be used on the rear of trips pulled, on the front of trips pushed and on
trips lowered in slopes. However, trip lights or other approved devices
need not be used on cars being shifted to and from loading machines, on
cars being handled at loading heads, during gathering operations at
working faces, when trailing locomotives are used, or on trips pulled by
animals.
(b) Cars on main haulage roads should not be pushed, except where
necessary to push cars from side tracks located near the working section
to the producing entries and rooms, where necessary to clear switches
and sidetracks, and on the approach to cages, slopes, and surface
inclines.
(c) Warning lights or reflective signs or tapes should be installed
along haulage roads at locations of abrupt or sudden changes in the
overhead clearance.
(d) No person, other than the motorman and brakeman, should ride on
a locomotive unless authorized by the mine foreman, and then only when
safe riding facilities are provided. No person should ride on any loaded
car or on the bumper of any car. However, the brakeman may ride on the
rear bumper of the last car of a slow moving trip pulled by a
locomotive.
(e) Positive-acting stopblocks or derails should be used where
necessary to protect persons from danger of runaway haulage equipment.
(f) An audible warning should be given by the operator of all self-
propelled equipment including off-track equipment, where persons may be
endangered by the movement of the equipment.
(g) Locomotives and personnel carriers should not approach to within
300 feet of preceding haulage equipment, except trailing locomotives
that are an integral part of the trip.
(h) A total of at least 36 inches of unobstructed side clearance
(both sides combined) should be provided for all rubber-tired haulage
equipment where such equipment is used.
(i) Off-track haulage roadways should be maintained as free as
practicable from bottom irregularities, debris, and wet or muddy
conditions that affect the control of the equipment.
(j) Operators of self-propelled equipment should face in the
direction of travel.
(k) Mechanical steering and control devices should be maintained so
as to provide positive control at all times.
(l) All self-propelled rubber-tired haulage equipment should be
equipped with well maintained brakes, lights, and a warning device.
(m) On and after March 30, 1971, all tram control switches on
rubber-tired equipment should be designed to provide automatic return to
the stop or off position when released.

Sec. 75.1403-11 Criteria--Entrances to shafts and slopes.

All open entrances to shafts should be equipped with safety gates at
the

[[Page 658]]

top and at each landing. Such gates should be self-closing and should be
kept closed except when the cage is at such landing.

Sec. 75.1404 Automatic brakes; speed reduction gear.

[Statutory Provisions]

Each locomotive and haulage car used in an underground coal mine
shall be equipped with automatic brakes, where space permits. Where
space does not permit automatic brakes, locomotives and haulage cars
shall be subject to speed reduction gear, or other similar devices
approved by the Secretary, which are designed to stop the locomotives
and haulage cars with the proper margin of safety.

Sec. 75.1404-1 Braking system.

A locomotive equipped with a dual braking system will be deemed to
satisfy the requirements of Sec. 75.1404 for a train comprised of such
locomotive and haulage cars, provided the locomotive is operated within
the limits of its design capabilities and at speeds consistent with the
condition of the haulage road. A trailing locomotive or equivalent
devices should be used on trains that are operated on ascending grades.

Sec. 75.1405 Automatic couplers.

[Statutory Provisions]

All haulage equipment acquired by an operator of a coal mine on or
after March 30, 1971, shall be equipped with automatic couplers which
couple by impact and uncouple without the necessity of persons going
between the ends of such equipment. All haulage equipment without
automatic couplers in use in a mine on March 30, 1970, shall also be so
equipped within 4 years after March 30, 1970.

Sec. 75.1405-1 Automatic couplers, haulage equipment.

The requirement of Sec. 75.1405 with respect to automatic couplers
applies only to track haulage cars which are regularly coupled and
uncoupled.

Wire Ropes

Source: Sections 75.1429 through 75.1438 appear at 48 FR 53239, Nov.
25, 1983, unless otherwise noted.

Sec. 75.1429 Guide ropes.

Sec. 75.1430 Wire ropes; scope.

(a) Sections 75.1430 through 75.1438 apply to wire ropes in service
used to hoist--
(1) Persons in shafts or slopes underground; or
(2) Loads in shaft or slope development when persons work below the
suspended loads.
(b) These standards do not apply to wire ropes used for elevators.

Sec. 75.1431 Minimum rope strength.

For rope lengths less than 3,000 feet:
Minimum Value = Static Load x (7.0-0.001L)
For rope lengths 3,000 feet or greater:
Minimum Value = Static Load x 4.0

(b) Friction drum ropes.

For rope lengths less than 4,000 feet:
Minimum Value = Static Load x (7.0 - 0.0005L)
For rope lengths 4,000 feet or greater:
Minimum Value = Static Load x 5.0

Minimum Value = Weight of Rope x 7.0

[48 FR 53239, Nov. 25, 1983; 48 FR 54975, Dec. 8, 1983]

Sec. 75.1432 Initial measurement.

After initial rope stretch but before visible wear occurs, the rope
diameter

[[Page 659]]

of newly installed wire ropes shall be measured at least once in every
third interval of active length and the measurements averaged to
establish a baseline for subsequent measurements. A record of the
measurements and the date shall be made by the person taking the
measurements. This record shall be retained until the rope is retired
from service.

[48 FR 53239, Nov. 25, 1983, as amended at 60 FR 33723, June 29, 1995]

Sec. 75.1433 Examinations.

(a) At least once every fourteen calendar days, each wire rope in
service shall be visually examined along its entire active length for
visible structural damage, corrosion, and improper lubrication or
dressing. In addition, visual examination for wear and broken wires
shall be made at stress points, including the area near attachments,
where the rope rests on sheaves, where the rope leaves the drum, at drum
crossovers, and at change-of-layer regions. When any visible condition
that results in a reduction of rope strength is present, the affected
portion of the rope shall be examined on a daily basis.
(b) Before any person is hoisted with a newly installed wire rope or
any wire rope that has not been examined in the previous fourteen
calendar days, the wire rope shall be examined in accordance with
paragraph (a) of this section.
(c) At least once every six months, nondestructive tests shall be
conducted of the active length of the rope, or rope diameter
measurements shall be made--
(1) Wherever wear is evident;
(2) Where the hoist rope rests on sheaves at regular stopping
points;
(3) Where the hoist rope leaves the drum at regular stopping points;
and
(4) At drum crossover and change-of-layer regions.
(d) At the completion of each examination required by paragraph (a)
of this section, the person making the examination shall certify, by
signature and date, that the examination has been made. If any condition
listed in paragraph (a) of this standard is present, the person
conducting the examination shall make a record of the condition and the
date. Certifications and records of examinations shall be retained for
one year.
(e) The person making the measurements or nondestructive tests as
required by paragraph (c) of this section shall record the measurements
or test results and the date. This record shall be retained until the
rope is retired from service.

[48 FR 53239, Nov. 25, 1983, as amended at 60 FR 33723, June 29, 1995]

Sec. 75.1434 Retirement criteria.

Unless damage or deterioration is removed by cutoff, wire ropes
shall be removed from service when any of the following conditions
occurs:
(a) The number of broken wires within a rope lay length, excluding
filler wires, exceeds either--
(1) Five percent of the total number of wires; or
(2) Fifteen percent of the total number of wires within any strand;
(b) On a regular lay rope, more than one broken wire in the valley
between strands in one rope lay length;
(c) A loss of more than one-third of the original diameter of the
outer wires;
(d) Rope deterioration from corrosion;
(e) Distortion of the rope structure;
(f) Heat damage from any source;
(g) Diameter reduction due to wear that exceeds six percent of the
baseline diameter measurement; or
(h) Loss of more than ten percent of rope strength as determined by
nondestructive testing.

Sec. 75.1435 Load end attachments.

Sec. 75.1436 Drum end attachment.

(a) For drum end attachment, wire rope shall be attached--

[[Page 660]]

(1) Securely by clips after making one full turn around the drum
spoke;
(2) Securely by clips after making one full turn around the shaft,
if the drum is fixed to the shaft; or
(3) By properly assembled anchor bolts, clamps, or wedges, provided
that the attachment is a design feature of the hoist drum. Design
feature means either the manufacturer's original design or a design
approved by a registered professional engineer.
(b) A minimum of three full turns of wire rope shall be on the drum
when the rope is extended to its maximum working length.

Sec. 75.1437 End attachment retermination.

Sec. 75.1438 End attachment replacement.

Wire rope attachments shall be replaced when cracked, deformed, or
excessively worn.

Subpart P_Mine Emergencies

Sec. 75.1500 [Reserved]

Sec. 75.1501 Emergency evacuations.

(a) For each shift that miners work underground, there shall be in
attendance a responsible person designated by the mine operator to take
charge during mine emergencies involving a fire, explosion, or gas or
water inundation.
(1) The responsible person shall have current knowledge of the
assigned location and expected movements of miners underground, the
operation of the mine ventilation system, the locations of the mine
escapeways and refuge alternatives, the mine communications system, any
mine monitoring system if used, locations of firefighting equipment, the
mine's Emergency Response Plan, the Mine Rescue Notification Plan, and
the Mine Emergency Evacuation and Firefighting Program of Instruction.
(2) The responsible person shall be trained annually in a course of
instruction in mine emergency response, as prescribed by MSHA's Office
of Educational Policy and Development. The course will include topics
such as the following:
(i) Organizing a command center;
(ii) Coordinating firefighting personnel;
(iii) Deploying firefighting equipment;
(iv) Coordinating mine rescue personnel;
(v) Establishing fresh air base;
(vi) Deploying mine rescue teams;
(vii) Providing for mine gas sampling and analysis;
(viii) Establishing security;
(ix) Initiating an emergency mine evacuation;
(x) Contacting emergency personnel; and
(xi) Communicating appropriate information related to the emergency.
(3) The operator shall certify by signature and date after each
responsible person has completed the training and keep the certification
at the mine for 1 year.
(b) The responsible person shall initiate and conduct an immediate
mine evacuation when there is a mine emergency which presents an
imminent danger to miners due to fire or explosion or gas or water
inundation. Only properly trained and equipped persons essential to
respond to the mine emergency may remain underground.
(c) The mine operator shall instruct all miners of the identity of
the responsible person designated by the operator for their workshift.
The mine operator shall instruct miners of any change in the identity of
the responsible person before the start of their workshift.
(d) Nothing in this section shall be construed to restrict the
ability of other persons in the mine to warn of an imminent danger which
warrants evacuation.

[68 FR 53049, Sept. 9, 2003, as amended at 73 FR 7655, Feb. 8, 2008; 73
FR 80697, Dec. 31, 2008]

[[Page 661]]

Sec. 75.1502 Mine emergency evacuation and firefighting
program of instruction.

Each operator of an underground coal mine shall adopt and follow a
mine emergency evacuation and firefighting program that instructs all
miners in the proper procedures they must follow if a mine emergency
occurs.
(a) Program approval. The operator shall submit this program of
instruction, and any revisions, for approval to the District Manager of
the Coal Mine Safety and Health district in which the mine is located.
Within 30 days of approval, the operator shall conduct training in
accordance with the revised program.
(b) New or revised provisions. Before implementing any new or
revised approved provision in the program of instruction, the operator
shall instruct miners in the change.
(c) Instruction plan. The approved program shall include a specific
plan designed to instruct miners on all shifts on the following:
(1) Procedures for--
(i) Evacuating the mine for mine emergencies that present an
imminent danger to miners due to fire, explosion, or gas or water
inundation;
(ii) Evacuating all miners not required for a mine emergency
response; and
(iii) The rapid assembly and transportation of necessary miners,
fire suppression equipment, and rescue apparatus to the scene of the
mine emergency.
(2) The use, care, and maintenance of self-rescue devices, including
hands-on training in the complete donning and transferring of all types
of self-rescue devices used at the mine.
(3) The deployment, use, and maintenance of refuge alternatives.
(4) Scenarios requiring a discussion of options and a decision as to
the best option for evacuation under each of the various mine
emergencies (fires, explosions, or gas or water inundations). These
options shall include:
(i) Encountering conditions in the mine or circumstances that
require immediate donning of self-rescue devices.
(ii) Using continuous directional lifelines or equivalent devices,
tethers, and doors;
(iii) Traversing undercasts or overcasts;
(iv) Switching escapeways, as applicable;
(v) Negotiating any other unique escapeway conditions; and
(vi) Using refuge alternatives.
(5) Location and use of the fire suppression and firefighting
equipment and materials available in the mine.
(6) Location of the escapeways, exits, routes of travel to the
surface, including the location of continuous directional lifelines or
equivalent devices.
(7) Location, quantity, types, and use of stored SCSRs, as
applicable.
(8) A review of the mine map; the escapeway system; the escape,
firefighting, and emergency evacuation plan in effect at the mine; and
the locations of refuge alternatives and abandoned areas.
(9) A description of how miners will receive annual expectations
training that includes practical experience in donning and transferring
SCSRs in smoke, simulated smoke, or an equivalent environment and
breathing through a realistic SCSR training unit or device that provides
the sensation of SCSR airflow resistance and heat.
(10) A summary of the procedures related to deploying refuge
alternatives.
(11) A summary of the construction methods for 15 psi stoppings
constructed prior to an event.
(12) A summary of the procedures related to refuge alternative use.
(d) Instructors. (1) The mine operator shall designate a person who
has the ability, training, knowledge, or experience to conduct the mine
emergency evacuation instruction and drills in his or her area of
expertise.
(2) Persons conducting SCSR donning and transferring training shall
be able to effectively train and evaluate whether miners can
successfully don the SCSR and transfer to additional SCSR devices.

[71 FR 71452, Dec. 8, 2006, as amended at 73 FR 80697, Dec. 31, 2008]

Sec. 75.1503 Use of fire suppression equipment.

In addition to the approved program of instruction required by 30
CFR

[[Page 662]]

75.1502, each operator of an underground coal mine shall ensure the
following.
(a) Working section. At least two miners in each working section on
each production shift shall be proficient in the use of all fire
suppression equipment available on such working section, and know the
location of such fire suppression equipment.
(b) Attended equipment. Each operator of attended equipment
specified in 30 CFR 75.1107-1(c)(1), and each miner assigned to perform
job duties at the job site in the direct line of sight of attended
equipment as described in 30 CFR 75.1107-1(c)(2), shall be proficient in
the use of fire suppression devices installed on such attended
equipment.
(c) Maintenance shift. The shift foreman and at least one miner for
every five miners working underground on a maintenance shift shall be
proficient in the use of fire suppression equipment available in the
mine, and know the location of such fire suppression equipment.

[71 FR 71452, Dec. 8, 2006]

Sec. 75.1504 Mine emergency evacuation training and drills.

Each operator of an underground coal mine shall conduct mine
emergency evacuation training and drills and require all miners to
participate.
(a) Schedule of training and drills. Each miner shall participate in
a mine emergency evacuation training and drill once each quarter.
Quarters shall be based on a calendar year (Jan-Mar, Apr-Jun, Jul-Sep,
Oct-Dec). In addition--
(1) A newly hired miner, who has not participated in a mine
emergency evacuation training and drill at the mine within the previous
3 months, shall participate in the next applicable mine emergency
evacuation training and drill.
(2) Prior to assuming duties on a section or outby work location, a
foreman shall travel both escapeways in their entirety.
(b) Content of quarterly training and drill. Each quarterly
evacuation training and drill shall include the following:
(1) Hands-on training on all types of self-rescue devices used at
the mine, which includes--
(i) Instruction and demonstration in the use, care, and maintenance
of self-rescue devices;
(ii) The complete donning of the SCSR by assuming a donning
position, opening the device, activating the device, inserting the
mouthpiece, and putting on the nose clip; and
(iii) Transferring between all applicable self-rescue devices.
(2) Training that emphasizes the importance of--
(i) Recognizing when the SCSR is not functioning properly and
demonstrating how to initiate and reinitiate the starting sequence;
(ii) Not removing the mouthpiece, even to communicate, until the
miner reaches fresh air; and
(iii) Proper use of the SCSR by controlling breathing and physical
exertion.
(3) A realistic escapeway drill that is initiated and conducted with
a different approved scenario each quarter and during which each miner--
(i) Travels the primary or alternate escapeway in its entirety,
alternating escapeways each quarter;
(ii) Physically locates and practices using the continuous
directional lifelines or equivalent devices and tethers, and physically
locates the stored SCSRs and refuge alternatives;
(iii) Traverses undercasts or overcasts and doors;
(iv) Switches escapeways, as applicable; and
(v) Negotiates any other unique escapeway conditions.
(4) A review of the mine and escapeway maps, the firefighting plan,
and the mine emergency evacuation plan in effect at the mine, which
shall include:
(i) Informing miners of the locations of fire doors, check curtains,
changes in the routes of travel, and plans for diverting smoke from
escapeways.
(ii) Locating escapeways, exits, routes of travel to the surface,
abandoned areas, and refuge alternatives.
(5) Operation of the fire suppression equipment available in the
mine and the location and use of firefighting equipment and materials.

[[Page 663]]

(6) Reviewing the procedures for deploying refuge alternatives and
components.
(7) For miners who will be constructing the 15 psi stoppings prior
to an event, reviewing the procedures for constructing them.
(8) Reviewing the procedures for use of the refuge alternatives and
components.
(9) Task training in proper transportation of the refuge
alternatives and components.
(c) Annual expectations training. Over the course of each year, each
miner shall participate in expectations training that includes the
following:
(1) Donning and transferring SCSRs in smoke, simulated smoke, or an
equivalent environment.
(2) Breathing through a realistic SCSR training unit that provides
the sensation of SCSR airflow resistance and heat.
(3) Deployment and use of refuge alternatives similar to those in
use at the mine, including--
(i) Deployment and operation of component systems; and
(ii) Instruction on when to use refuge alternatives during a mine
emergency, emphasizing that it is the last resort when escape is
impossible.
(4) A miner shall participate in expectations training within one
quarter of being employed at the mine.
(d) Certification of training and drills. At the completion of each
training or drill required in this section, the operator shall certify
by signature and date that the training or drill was held in accordance
with the requirements of this section.
(1) This certification shall include the names of the miners
participating in the training or drill. For each miner, this
certification shall list the content of the training or drill component
completed, including the escapeway traveled and scenario used, as
required in paragraphs (b) and (c) of this section.
(2) Certifications shall be kept at the mine for one year.
(3) Upon request, the certifications shall be made available to an
authorized representative of the Secretary and the representative of the
miners.
(4) Upon request, a copy of the certification that shows his or her
own training shall be provided to the participating miner.

[71 FR 71452, Dec. 8, 2006, as amended at 73 FR 80698, Dec. 31, 2008]

Sec. 75.1505 Escapeway maps.

(a) Content and accessibility. An escapeway map shall show the
designated escapeways from the working sections or the miners' work
stations to the surface or the exits at the bottom of the shaft or
slope, refuge alternatives, and SCSR storage locations. The escapeway
map shall be posted or readily accessible for all miners--
(1) In each working section;
(2) In each area where mechanized mining equipment is being
installed or removed;
(3) At the refuge alternative; and
(4) At a surface location of the mine where miners congregate, such
as at the mine bulletin board, bathhouse, or waiting room.
(b) Keeping maps current. All maps shall be kept up-to-date and any
change in route of travel, location of doors, location of refuge
alternatives, or direction of airflow shall be shown on the maps by the
end of the shift on which the change is made.
(c) Informing affected miners. Miners underground on a shift when
any such change is made shall be notified immediately of the change and
other affected miners shall be informed of the change before entering
the underground areas of the mine.

[71 FR 71452, Dec. 8, 2006, as amended at 73 FR 80698, Dec. 31, 2008]

Sec. 75.1506 Refuge alternatives.

(a) Each operator shall provide refuge alternatives and components
as follows:
(1) Prefabricated self-contained units, including the structural,
breathable air, air monitoring, and harmful gas removal components of
the unit, shall be approved under 30 CFR part 7; and
(2) The structural components of units consisting of 15 psi
stoppings constructed prior to an event shall be approved by the
District Manager, and the breathable air, air monitoring, and harmful
gas removal components of

[[Page 664]]

these units shall be approved under 30 CFR part 7.
(3) Prefabricated refuge alternative structures that states have
approved and those that MSHA has accepted in approved Emergency Response
Plans (ERPs) that are in service prior to March 2, 2009 are permitted
until December 31, 2018, or until replaced, whichever comes first.
Breathable air, air-monitoring, and harmful gas removal components of
either a prefabricated self-contained unit or a unit consisting of 15
psi stoppings constructed prior to an event in a secure space and an
isolated atmosphere that states have approved and those that MSHA has
accepted in approved ERPs that are in use prior to March 2, 2009 are
permitted until December 31, 2013, or until replaced, whichever comes
first. Refuge alternatives consisting of materials pre-positioned for
miners to deploy in a secure space with an isolated atmosphere that MSHA
has accepted in approved ERPs that are in use prior to March 2, 2009 are
permitted until December 31, 2010, or until replaced, whichever comes
first.
(b) Except as permitted under paragraph (a)(3) of this section, each
operator shall provide refuge alternatives with sufficient capacity to
accommodate all persons working underground.
(1) Refuge alternatives shall 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) Refuge alternatives for working sections shall accommodate the
maximum number of persons that can be expected on or near the section at
any time.
(3) Each refuge alternative for outby areas shall accommodate
persons reasonably expected to use it.
(c) Refuge alternatives shall be provided at the following
locations:
(1) Within 1,000 feet from the nearest working face and from
locations where mechanized mining equipment is being installed or
removed except that for underground anthracite coal mines that have no
electrical face equipment, refuge alternatives shall be provided if the
nearest working face is greater than 2,000 feet from the surface.
(2) Spaced within one-hour travel distances in outby areas where
persons work such that persons in outby areas are never more than a 30-
minute travel distance from a refuge alternative or safe exit. However,
the operator may request and the District Manager may approve a
different location in the ERP. The operator's request shall be based on
an assessment of the risk to persons in outby areas, considering the
following factors: proximity to seals; proximity to potential fire or
ignition sources; conditions in the outby areas; location of stored
SCSRs; and proximity to the most direct, safe, and practical route to an
intake escapeway.
(d) Roof and rib support for refuge alternative locations shall be
specified in the mine's roof control plan.
(e) The operator shall protect the refuge alternative and contents
from damage during transportation, installation, and storage.
(f) A refuge alternative shall be removed from service if
examination reveals damage that interferes with the functioning of the
refuge alternative or any component.
(1) If a refuge alternative is removed from service, the operator
shall withdraw all persons from the area serviced by the refuge
alternative, except those persons referred to in Sec. 104(c) of the
Mine Act.
(2) Refuge alternative components removed from service shall be
replaced or be repaired for return to service in accordance with the
manufacturer's specifications.
(g) At all times, the site and area around the refuge alternative
shall be kept clear of machinery, materials, and obstructions that could
interfere with the deployment or use of the refuge alternative.
(h) Each refuge alternative shall be conspicuously identified with a
sign or marker as follows:

[[Page 665]]

(1) A sign or marker made of a reflective material with the word
``REFUGE'' shall be posted conspicuously at each refuge alternative.
(2) Directional signs made of a reflective material shall be posted
leading to each refuge alternative location.
(i) During use of the refuge alternative, the atmosphere within the
refuge alternative shall be monitored. Changes or adjustments shall be
made to reduce the concentration of methane to less than 1 percent; to
reduce the concentration of carbon dioxide to 1 percent or less and
excursions not exceeding 2.5 percent; and to reduce the concentration of
carbon monoxide to 25 ppm or less. Oxygen shall be maintained at 18.5 to
23 percent.
(j) Refuge alternatives shall contain a fire extinguisher that--
(1) Meets the requirements for portable fire extinguishers used in
underground coal mines under this part;
(2) Is appropriate for extinguishing fires involving the chemicals
used for harmful gas removal; and
(3) Uses a low-toxicity extinguishing agent that does not produce a
hazardous by-product when activated.

[73 FR 80698, Dec. 31, 2008]

Sec. 75.1507 Emergency Response Plan; refuge alternatives.

(a) The Emergency Response Plan (ERP) shall include the following
for each refuge alternative and component:
(1) The types of refuge alternatives used in the mine, i.e., a
prefabricated self-contained unit or a unit consisting of 15 psi
stoppings constructed prior to an event in a secure space and an
isolated atmosphere.
(2) Procedures or methods for maintaining approved refuge
alternatives and components.
(3) The rated capacity of each refuge alternative, the number of
persons expected to use each refuge alternative, and the duration of
breathable air provided per person by the approved breathable air
component of each refuge alternative.
(4) The methods for providing breathable air with sufficient detail
of the component's capability to provide breathable air over the
duration stated in the approval.
(5) The methods for providing ready backup oxygen controls and
regulators.
(6) The methods for providing an airlock and for providing
breathable air in the airlock, except where adequate positive pressure
is maintained.
(7) The methods for providing sanitation facilities.
(8) The methods for harmful gas removal, if necessary.
(9) The methods for monitoring gas concentrations, including
charging and calibration of equipment.
(10) The method for providing lighting sufficient for persons to
perform tasks.
(11) Suitable locations for the refuge alternatives and an
affirmative statement that the locations are--
(i) Not within direct line of sight of the working face; and
(ii) Where feasible, not placed in areas directly across from, nor
closer than 500 feet radially from, belt drives, take-ups, transfer
points, air compressors, explosive magazines, seals, entrances to
abandoned areas, and fuel, oil, or other flammable or combustible
material storage. However, the operator may request and the District
Manager may approve an alternative location in the ERP if mining
involves two-entry systems or yield pillars in a longwall that would
prohibit locating the refuge alternative out of direct line of sight of
the working face.
(12) The maximum mine air temperature at each of the locations where
refuge alternatives are to be placed.
(b) For a refuge alternative consisting of 15 psi stoppings
constructed prior to an event in a secure space and an isolated
atmosphere, the ERP shall specify that--
(1) The breathable air components shall be approved by MSHA; and
(2) The refuge alternative can withstand exposure to a flash fire of
300 degrees Fahrenheit ([deg]F) for 3 seconds and a pressure wave of 15
pounds per square inch (psi) overpressure for 0.2 seconds.
(c) If the refuge alternative sustains persons for only 48 hours,
the ERP shall detail advanced arrangements that have been made to assure
that persons who cannot be rescued within

[[Page 666]]

48 hours will receive additional supplies to sustain them until rescue.
Advance arrangements shall include the following:
(1) Pre-surveyed areas for refuge alternatives with closure errors
of less than 20,000:1.
(2) An analysis to demonstrate that the surface terrain, the strata,
the capabilities of the drill rig, and all other factors that could
affect drilling are such that a hole sufficient to provide required
supplies and materials reliably can be promptly drilled within 48 hours
of an accident at a mine.
(3) Permissions to cross properties, build roads, and construct
drill sites.
(4) Arrangement with a drilling contractor or other supplier of
drilling services to provide a suitable drilling rig, personnel and
support so that a hole can be completed to the refuge alternative within
48 hours.
(5) Capability to promptly transport a drill rig to a pre-surveyed
location such that a drilled hole would be completed and located near a
refuge alternative structure within 48 hours of an accident at a mine.
(6) The specifications of pipes, air lines, and approved fans or
approved compressors that will be used.
(7) A method for assuring that within 48 hours, breathable air shall
be provided.
(8) A method for assuring the immediate availability of a backup
source for supplying breathable air and a backup power source for
surface installations.
(d) The ERP shall specify that the refuge alternative is stocked
with the following:
(1) A minimum of 2,000 calories of food and 2.25 quarts of potable
water per person per day in approved containers sufficient to sustain
the maximum number of persons reasonably expected to use the refuge
alternative for at least 96 hours, or for 48 hours if advance
arrangements are made under paragraph (c) of this section;
(2) A manual that contains sufficient detail for each refuge
alternative or component addressing in-mine transportation, operation,
and maintenance of the unit;
(3) Sufficient quantities of materials and tools to repair
components; and
(4) First aid supplies.

[73 FR 80699, Dec. 31, 2008]

Sec. 75.1508 Training and records for examination, maintenance and repair
of refuge alternatives and components.

(a) Persons examining, maintaining, or repairing refuge alternatives
and components shall be instructed in how to perform this work.
(1) The operator shall assure that all persons assigned to examine,
maintain, and repair refuge alternatives and components are trained.
(2) The mine operator shall certify, by signature and date, the
training of persons who examine, maintain, and repair refuge
alternatives and components.
(b) At the completion of each repair, the person conducting the
maintenance or repair shall make a record of all corrective action
taken.
(c) Training certifications and repair records shall be kept at the
mine for one year.

[73 FR 80699, Dec. 31, 2008]

Subpart Q_Communications

Sec. 75.1600 Communications.

[Statutory Provisions]

Telephone service or equivalent two-way communication facilities,
approved by the Secretary or his authorized representative, shall be
provided between the surface and each landing of main shafts and slopes
and between the surface and each working section of any coal mine that
is more than 100 feet from a portal.

Sec. 75.1600-1 Communication facilities; main portals;
installation requirements.

A telephone or equivalent two-way communication facility shall be
located on the surface within 500 feet of all main portals, and shall be
installed either in a building or in a box-like structure designed to
protect the facilities from damage by inclement weather. At least one of
these communication facilities shall be at a location

[[Page 667]]

where a responsible person who is always on duty when men are
underground can hear the facility and respond immediately in the event
of an emergency.

[38 FR 29999, Oct. 31, 1973]

Sec. 75.1600-2 Communication facilities; working sections;
installation and maintenance requirements; audible or visual alarms.

(a) Telephones or equivalent two-way communication facilities
provided at each working section shall be located not more than 500 feet
outby the last open crosscut and not more than 800 feet from the
farthest point of penetration of the working places on such section.
(b) The incoming communication signal shall activate an audible
alarm, distinguishable from the surrounding noise level, or a visual
alarm that can be seen by a miner regularly employed on the working
section.
(c) If a communication system other than telephones is used and its
operation depends entirely upon power from the mine electric system,
means shall be provided to permit continued communication in the event
the mine electric power fails or is cut off; provided, however, that
where trolley phones and telephones are both used, an alternate source
of power for the trolley phone system is not required.
(d) Trolley phones connected to the trolley wire shall be grounded
in accordance with Subpart H of this part.
(e) Telephones or equivalent two-way communication facilities shall
be maintained in good operating condition at all times. In the event of
any failure in the system that results in loss of communication, repairs
shall be started immediately, and the system restored to operating
condition as soon as possible.

[38 FR 29999, Oct. 31, 1973]

Sec. 75.1600-3 Communications facilities; refuge alternatives.

(a) Refuge alternatives shall be provided with a communications
system that consists of--
(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
(2) An additional communication system and other requirements as
defined in the communications portion of the operator's approved
Emergency Response Plan.

[73 FR 80700, Dec. 31, 2008]

Subpart R_Miscellaneous

Sec. 75.1700 Oil and gas wells.

[Statutory Provisions]

Each operator of a coal mine shall take reasonable measures to
locate oil and gas wells penetrating coalbeds or any underground area of
a coal mine. When located, such operator shall establish and maintain
barriers around such oil and gas wells in accordance with State laws and
regulations, except that such barriers shall not be less than 300 feet
in diameter, unless the Secretary or his authorized representative
permits a lesser barrier consistent with the applicable State laws and
regulations where such lesser barrier will be adequate to protect
against hazards from such wells to the miners in such mine, or unless
the Secretary or his authorized representative requires a greater
barrier where the depth of the mine, other geologic conditions, or other
factors warrant such a greater barrier.

Sec. 75.1702 Smoking; prohibition.

[Statutory Provisions]

No person shall smoke, carry smoking materials, matches, or lighters
underground, or smoke in or around oil houses, explosives magazines, or
other surface areas where such practice may cause a fire or explosion.
The operator shall institute a program, approved by the Secretary, to
insure that any person entering the underground area of the mine does
not carry smoking materials, matches, or lighters.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]

Sec. 75.1702-1 Smoking programs.

Programs required under Sec. 75.1702 shall be submitted to the Coal
Mine Safety District Manager for approval on or before May 30, 1970.

[[Page 668]]

Sec. 75.1703 Portable electric lamps.

[Statutory Provisions]

Persons underground shall use only permissible electric lamps
approved by the Secretary for portable illumination. No open flame shall
be permitted in the underground area of any coal mine, except as
permitted under Sec. 75.1106.

Sec. 75.1703-1 Permissible lamps.

Lamps approved by the Bureau of Mines or the Mine Safety and Health
Administration under Part 19 or Part 20 of this chapter (Bureau of Mines
Schedule 6D and Schedule 10C) are approved lamps for the purposes of
Sec. 75.1703.

Sec. 75.1707-1 New working section.

The term ``new working section'' as used in Sec. 75.1707 means any
extension of the belt or trolley haulage system in main, cross, and room
entries necessary for the development of the mine on and after March 30,
1970. Room entries being developed as of March 30, 1970, with certified
stop line limitations as shown on the mine map and retreating panels
shall not be considered as new working sections.

Sec. 75.1708 Surface structures, fireproofing.

[Statutory Provisions]

After March 30, 1970, all structures erected on the surface within
100 feet of any mine opening shall be of fireproof construction. Unless
structures existing on or prior to such date which are located within
100 feet of any mine opening are of such construction, fire doors shall
be erected at effective points in mine openings to prevent smoke or fire
from outside sources endangering miners underground. These doors shall
be tested at least monthly to insure effective operation. A record of
such tests shall be kept in an area on the surface of the mine chosen by
the operator to minimize the danger of destruction by fire or other
hazard and shall be available for inspection by interested persons.

Sec. 75.1708-1 Surface structures; fireproof construction.

Structures of fireproof construction is interpreted to mean
structures with fireproof exterior surfaces.

Sec. 75.1709 Accumulations of methane and coal dust
on surface coal-handling facilities.

[Statutory Provisions]

Adequate measures shall be taken to prevent methane and coal dust
from accumulating in excessive concentrations in or on surface coal-
handling facilities, but in no event shall methane be permitted to
accumulate in concentrations in or on surface coal-handling facilities
in excess of limits established for methane by the Secretary on and
after March 30, 1971. Where coal is dumped at or near air-intake
openings, provisions shall be made to avoid dust from entering the mine.

Sec. 75.1710 Canopies or cabs; diesel-powered and electric face equipment.

In any coal mine where the height of the coalbed permits, an
authorized representative of the Secretary may require that diesel-
powered and electric face equipment, including shuttle cars, be provided
with substantially constructed canopies or cabs to protect the miners
operating such equipment from roof falls and from rib and face rolls.

[61 FR 55527, Oct. 25, 1996]

Sec. 75.1710-1 Canopies or cabs; self-propelled diesel-powered
and electric face equipment; installation requirements.

(a) Except as provided in paragraph (f) of this section, all self-
propelled diesel-powered and electric face equipment, including shuttle
cars, which is employed in the active workings of each underground coal
mine on and after January 1, 1973, shall, in accordance with the
schedule of time specified in paragraphs (a) (1), (2), (3), (4), (5),
and (6) of this section, be equipped with substantially constructed
canopies or cabs, located and installed in such a manner that when the
operator is at the operating controls of such equipment he shall be
protected from falls of roof, face, or rib, or from rib

[[Page 669]]

and face rolls. The requirements of this paragraph (a) shall be met as
follows:
(1) On and after January 1, 1974, in coal mines having mining
heights of 72 inches or more;
(2) On and after July 1, 1974, in coal mines having mining heights
of 60 inches or more, but less than 72 inches;
(3) On and after January 1, 1975, in coal mines having mining
heights of 48 inches or more, but less than 60 inches;
(4) On and after July 1, 1975, in coal mines having mining heights
of 36 inches or more, but less than 48 inches;
(5)(i) On and after January 1, 1976, in coal mines having mining
heights of 30 inches or more, but less than 36 inches,
(ii) On and after July 1, 1977, in coal mines having mining heights
of 24 inches or more, but less than 30 inches, and
(6) On and after July 1, 1978, in coal mines having mining heights
of less than 24 inches.
(b)(1) For purposes of this section, a canopy means a structure
which provides overhead protection against falls of roof.
(2) For purposes of this section, a cab means a structure which
provides overhead and lateral protection against falls of roof, rib, and
face, or rib and face rolls.
(c) In determining whether to install substantially constructed
canopies as opposed to substantially constructed cabs, the operator
shall consider and take into account the following factors:
(1) The mining method used;
(2) Physical limitations, including but not limited to the dip of
the coalbed, and roof, rib, and face conditions;
(3) Previous accident experience, if any, caused by falls of roof,
rib, and face, or rib and face rolls;
(4) Overhead protection, such as that afforded by a substantially
constructed canopy, against falls of roof will always be required; and
(5) Lateral protection, such as that afforded by a substantially
constructed cab, may also be necessary where the occurrence of falls of
rib and face, or rib and face rolls is likely.
(d) For purposes of this section, a canopy or cab will be considered
to be substantially constructed if a registered engineer certifies that
such canopy or cab has the minimum structural capacity to support
elastically:
(1) A dead weight load of 18,000 pounds, or
(2) 15 p.s.i. distributed uniformly over the plan view area of the
structure, whichever is lesser.
(e) Evidence of the certification required by paragraph (d) of this
section shall be furnished by attaching a plate, label, or other
appropriate marking to the canopy or cab for which certification has
been made, stating that such canopy or cab meets the minimum
requirements for structural capacity set forth in paragraph (d) of this
section. Written evidence of such certification shall also be retained
by the operator, and shall be made available to an authorized
representative of the Secretary upon request. Written evidence of
certification may consist of the report of the registered engineer who
certified the canopy or cab, or of information from the manufacturer of
the canopy or cab stating that a registered engineer has certified that
the canopy or cab meets the minimum requirements for structural capacity
set forth in paragraph (d) of this section.
(f) An operator may apply to the Director of Technical Support, Mine
Safety and Health Administration, Department of Labor, 201 12th Street
South, Arlington, VA 22202-5452, for approval of the installation of
devices to be used in lieu of substantially constructed canopies or cabs
on self-propelled diesel-powered and electric face equipment. The
Director of Technical Support may approve such devices if he determines
that the use thereof will afford the equipment operator no less than the
same measure of protection from falls of roof, face, or rib, or from rib
and face rolls as would a substantially constructed canopy or cab
meeting the requirements of this section.

[37 FR 20690, Oct. 3, 1972, as amended at 41 FR 23200, June 9, 1976; 43
FR 12320, Mar. 24, 1978; 47 FR 28096, June 29, 1982; 61 FR 55527, Oct.
25, 1996; 67 FR 38386, June 4, 2002; 80 FR 52992, Sept. 2, 2015]

Effective Date Note: At 42 FR 34877, July 7, 1977, the dates
appearing in paragraphs (a)(5)(ii) and (a)(6) of Sec. 75.1710-1 were
suspended indefinitely, effective July 1, 1977.

[[Page 670]]

Sec. 75.1711 Sealing of mines.

[Statutory Provisions]

On or after March 30, 1970, the opening of any coal mine that is
declared inactive by the operator, or is permanently closed, or
abandoned for more than 90 days, shall be sealed by the operator in a
manner prescribed by the Secretary. Openings of all other mines shall be
adequately protected in a manner prescribed by the Secretary to prevent
entrance by unauthorized persons.

Sec. 75.1711-1 Sealing of shaft openings.

Shaft openings required to be sealed under Sec. 75.1711 shall be
effectively capped or filled. Filling shall be for the entire depth of
the shaft and, for the first 50 feet from the bottom of the coalbed, the
fill shall consist of incombustible material. Caps consisting of a 6-
inch thick concrete cap or other equivalent means may be used for
sealing. Caps shall be equipped with a vent pipe at least 2 inches in
diameter extending for a distance of at least 15 feet above the surface
of the shaft.

Sec. 75.1711-2 Sealing of slope or drift openings.

Slope or drift openings required to be sealed under Sec. 75.1711
shall be sealed with solid, substantial, incombustible material, such as
concrete blocks, bricks or tile, or shall be completely filled with
incombustible material for a distance of at least 25 feet into such
openings.

Sec. 75.1711-3 Openings of active mines.

The openings of all mines not declared by the operator, to be
inactive, permanently closed, or abandoned for less than 90 days shall
be adequately fenced or posted with conspicuous signs prohibiting the
entrance of unauthorized persons.

Sec. 75.1712 Bath houses and toilet facilities.

[Statutory Provisions]

The Secretary may require any operator to provide adequate
facilities for the miners to change from the clothes worn underground,
to provide for the storing of such clothes from shift to shift, and to
provide sanitary and bathing facilities. Sanitary toilet facilities
shall be provided in the active workings of the mine when such surface
facilities are not readily accessible to the active workings.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]

Sec. 75.1712-1 Availability of surface bathing facilities; change rooms;
and sanitary facilities.

Except where a waiver has been granted pursuant to the provisions of
Sec. 75.1712-4, each operator of an underground coal mine shall on and
after December 30, 1970, provide bathing facilities, clothing change
rooms, and sanitary facilities, as hereinafter prescribed, for the use
of the miners at the mine.

Sec. 75.1712-2 Location of surface facilities.

Bathhouses, change rooms, and sanitary toilet facilities shall be in
a location convenient for the use of the miners. Where such facilities
are designed to serve more than one mine, they shall be centrally
located so as to be as convenient for the use of the miners in all the
mines served by such facilities.

Sec. 75.1712-3 Minimum requirements of surface bathing facilities,
change rooms, and sanitary toilet facilities.

(a) All bathing facilities, change rooms, and sanitary toilet
facilities shall be provided with adequate light, heat, and ventilation
so as to maintain a comfortable air temperature and to minimize the
accumulation of moisture and odors, and such facilities shall be
maintained in a clean and sanitary condition.
(b) Bathing facilities, change rooms, and sanitary toilet facilities
shall be constructed and equipped so as to comply with applicable State
and local building codes: Provided, however, That where no State or
local building codes apply to such facilities, or where no State or
local building codes exist, such facilities shall be constructed and
equipped so as to meet the minimum construction requirements of the
National Building Code; and the minimum plumbing requirements of the
U.S.A. Standard Plumbing Code, ASA A40.8-1955.

[[Page 671]]

(c) In addition to the minimum requirements specified in paragraphs
(a) and (b) of this Sec. 75.1712-3, facilities maintained in accordance
with Sec. 75.1712-1 shall include the following:
(1) Bathing facilities. (i) Showers shall be provided with both hot
and cold water.
(ii) At least one shower head shall be provided where five or less
miners use such showers.
(iii) Where five or more miners use such showers, sufficient showers
shall be furnished to provide approximately one shower head for each
five miners.
(iv) A suitable cleansing agent shall be provided for use at each
shower.
(2) Sanitary toilet facilities. (i) At least one sanitary flush
toilet shall be provided where 10 or less miners use such facilities.
(ii) Where 10 or more miners use such sanitary toilet facilities,
sufficient toilets shall be furnished to provide approximately one
sanitary flush toilet for each 10 miners.
(iii) Where 30 or more miners use sanitary toilet facilities, one
urinal may be substituted for one sanitary flush toilet, however, where
such substitutions are made they shall not reduce the number of toilets
below a ratio of two toilets to one urinal.
(iv) An adequate supply of toilet paper shall be provided with each
toilet.
(v) Adequate handwashing facilities or hand lavatories shall be
provided in or adjacent to each toilet facility.
(3) Change rooms. (i) Individual clothes storage containers or
lockers shall be provided for storage of miners clothing and other
incidental personal belongings during and between shifts.
(ii) Change rooms shall be provided with ample space to permit the
use of such facilities by all miners changing clothes prior to and after
each shift.

Sec. 75.1712-4 Waiver of surface facilities requirements.

The Coal Mine Safety District Manager for the district in which the
mine is located may, upon written application by the operator, waive any
or all of the requirements of Sec. Sec. 75.1712-1 through 75.1712-3 if
he determines that the operator of the mine cannot or need not meet any
part or all of such requirements, and, upon issuance of such waiver, he
shall set forth the facilities which will not be required and the
specific reason or reasons for such waiver.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]

Sec. 75.1712-5 Application for waiver of surface facilities.

Applications for waivers of the requirements of Sec. Sec. 75.1712-1
through 75.1712-3 shall be filed with the Coal Mine Safety District
Manager and shall contain the following information:
(a) The name and address of the mine operator;
(b) The name and location of the mine;
(c) A statement explaining why, in the opinion of the operator, the
installation or maintenance of the facilities is impractical or
unnecessary.

Sec. 75.1712-6 Underground sanitary facilities; installation and maintenance.

(a) Except as provided in Sec. 75.1712-7, each operator of an
underground coal mine shall provide and maintain one sanitary toilet in
a dry location under protected roof, within 500 feet of each working
place in the mine where miners are regularly employed during the mining
cycle. A single sanitary toilet may serve two or more working places in
the same mine, if it is located within 500 feet of each such working
place.
(b) Sanitary toilets shall have an attached toilet seat with a
hinged lid and a toilet paper holder together with an adequate supply of
toilet tissue, except that a toilet paper holder is not required for an
unenclosed toilet facility.
(c) Only flush or nonflush chemical or biological toilets, sealed
bag toilets, and vault toilets meet the requirements of this section.
Privies and combustion or incinerating toilets are prohibited
underground.

[68 FR 37087, June 23, 2003]

Sec. 75.1712-7 Underground sanitary facilities; waiver of requirements.

If it has been determined by the Coal Mine Safety District Manager
for the district in which the mine is located that sanitary toilets
cannot be provided and maintained within 500 feet of

[[Page 672]]

a working place because of the thickness of the coal seam or because of
any other physical restriction in the underground workings, he may, upon
written application by the operator, waive the location requirements for
underground sanitary facilities with respect to such working place.

Sec. 75.1712-8 Application for waiver of location requirements
for underground sanitary facilities.

Applications for waivers of the location requirements of Sec.
75.1712-6 shall be filed with the Coal Mine Safety District Manager and
shall contain the following information:
(a) The name and address of the mine operator;
(b) The name and location of the mine;
(c) The thickness of the coal seam in each working place in the mine
for which a waiver is requested; and
(d) Other physical restrictions in the mine (for example, poor roof
conditions, excessive water, timbering, etc.).

If a sanitary toilet cannot be installed within 500 feet of a working
place because of physical conditions other than the thickness of the
coal seam, the operator shall also include a short statement specifying
areas in the mine which could be considered possible alternative sites
for installation of such facilities.

Sec. 75.1712-9 Issuance of waivers.

Following the receipt of an application submitted in accordance with
the provisions of Sec. 75.1712-8, the Coal Mine Safety District Manager
shall, if he determines that the operator cannot meet the location
requirements of Sec. 75.1712-6 with respect to any or all of the
working places in the mine because of the coal seam thickness or because
of other physical restriction, issue a waiver of the requirements of
this section and designate an alternative site for installation of such
facilities. The waiver issued shall specify each working place to which
it shall apply, set forth the reasons for such waiver, and the reasons
for designation of the alternative site.

Sec. 75.1712-10 Underground sanitary facilities; maintenance.

Sanitary toilets shall be regularly maintained in a clean and
sanitary condition. Holding tanks shall be serviced and cleaned when
full and in no case less than once each week by draining or pumping or
by removing them to the surface for cleaning or recharging. Transfer
tanks and transfer equipment used underground shall be equipped with
suitable fittings to permit complete drainage of holding tanks without
spillage and allow for the sanitary transportation of wastes to the
surface. Waste shall be disposed of on the surface in accordance with
State and local laws and regulations.

Sec. 75.1713 Emergency medical assistance; first-aid.

[Statutory Provisions]

Each operator shall make arrangements in advance for obtaining
emergency medical assistance and transportation for injured persons.
Emergency communications shall be provided to the nearest point of
assistance. Selected agents of the operator shall be trained in first-
aid and first-aid training shall be made available to all miners. Each
coal mine shall have an adequate supply of first-aid equipment located
on the surface, at the bottom of shafts and slopes, and at other
strategic locations near the working faces. In fulfilling each of the
requirements of this section, the operator shall meet at least minimum
requirements prescribed by the Secretary of Health and Human Services.

[35 FR 17890, Nov. 20, 1970, as amended at 47 FR 14696, Apr. 6, 1982; 60
FR 33723, June 29, 1995]

Sec. 75.1713-1 Arrangements for emergency medical assistance
and transportation for injured persons; agreements; reporting requirements;
posting requirements.

(a) Each operator of an underground coal mine shall make
arrangements with a licensed physician, medical service, medical clinic,
or hospital to provide 24-hour emergency medical assistance for any
person injured at the mine.

[[Page 673]]

(b) Each operator of an underground coal mine shall make
arrangements with an ambulance service, or otherwise provide, for 24-
hour emergency transportation for any person injured at the mine.
(c) Each operator shall, on or before December 30, 1970, report to
the District Manager for the district in which the mine is located the
name, title and address of the physician, medical service, medical
clinic, hospital or ambulance service with whom arrangements have been
made, or otherwise provided, in accordance with the provisions of
paragraphs (a) and (b) of this Sec. 75.1713-1.
(d) Each operator shall, within 10 days after any change of the
arrangements required to be reported under the provisions of this Sec.
75.1713-1, report such changes to the District Manager. If such changes
involve a substitution of persons, the operator shall provide the name,
title, and address of the person substituted together with the name and
address of the medical service, medical clinic, hospital, or ambulance
service with which such person or persons are associated.
(e) Each operator shall, immediately after making an arrangement
required under the provisions of paragraphs (a) and (b) of this Sec.
75.1713-1, or immediately after any change of such arrangement, post at
appropriate places at the mine the names, titles, addresses, and
telephone numbers of all persons or services currently available under
such arrangements to provide medical assistance and transportation at
the mine.

Sec. 75.1713-2 Emergency communications; requirements.

(a) Each operator of an underground coal mine shall establish and
maintain a communication system from the mine to the nearest point of
medical assistance for use in an emergency.
(b) The emergency communication system required to be maintained
under paragraph (a) of this Sec. 75.1713-2 may be established by
telephone or radio transmission or by any other means of prompt
communication to any facility (for example, the local sheriff, the State
highway patrol, or local hospital) which has available the means of
communication with the person or persons providing emergency medical
assistance or transportation in accordance with the provisions of Sec.
75.1713-1.

Sec. 75.1713-3 First-Aid training; supervisory employees.

The mine operator shall conduct first-aid training courses for
selected supervisory employees at the mine. Within 60 days after the
selection of a new supervisory employee to be so trained, the mine
operator shall certify by signature and date the name of the employee
and date on which the employee satisfactorily completed the first-aid
training course. The certification shall be kept at the mine and made
available on request to an authorized representative of the Secretary.

[56 FR 1478, Jan. 14, 1991]

Sec. 75.1713-4 First-aid training program; availability of instruction
to all miners.

On or before June 30, 1971, each operator of an underground coal
mine shall make available to all miners employed in the mine a course of
instruction in first-aid conducted by the operator or under the auspices
of the operator, and such a course of instruction shall be made
available to newly employed miners within 6 months after the date of
employment.

Sec. 75.1713-5 First-aid training program; retraining of
supervisory employees; availability to all miners.

Beginning January 1, 1971, each operator of an underground coal mine
shall conduct refresher first-aid training courses each calendar year
for all selected supervisory employees, and make available refresher
first-aid training courses to all miners employed in the mine.

Sec. 75.1713-6 First-aid training program; minimum requirements.

(a) All first-aid training programs required under the provisions of
Sec. Sec. 75.1713-3 and 75.1713-4 shall include 10 class hours of
training in a course of instruction similar to that outlined in ``First
Aid, A Bureau of Mines Instruction Manual.''

[[Page 674]]

(b) Refresher first-aid training programs required under the
provisions of Sec. 75.1713-5 shall include five class hours of
refresher training in a course of instruction similar to that outlined
in ``First Aid, A Bureau of Mines Instruction Manual.''

Sec. 75.1713-7 First-aid equipment; location; minimum requirements.

(a) Each operator of an underground coal mine shall maintain a
supply of the first-aid equipment set forth in paragraph (b) of this
Sec. 75.1713-7 at each of the following locations:
(1) At the mine dispatcher's office or other appropriate work area
on the surface in close proximity to the mine entry;
(2) At the bottom of each regularly traveled slope or shaft;
however, where the bottom of such slope or shaft is not more than 1,000
feet from the surface, such first-aid supplies may be maintained on the
surface at the entrance to the mine; and
(3) At a point in each working section not more than 500 feet outby
the active working face or faces.
(b) The first-aid equipment required to be maintained under the
provisions of paragraph (a) of this Sec. 75.1713-7 shall include at
least the following:
(1) One stretcher;
(2) One broken-back board. (If a splint stretcher combination is
used it will satisfy the requirements of both (1) and (2)).
(3) 24 triangular bandages (15 if a splint-stretcher combination is
used).
(4) Eight 4-inch bandage compresses;
(5) Eight 2-inch bandage compresses.
(6) Twelve 1-inch adhesive compresses;
(7) One foille;
(8) Two cloth blankets:
(9) One rubber blanket or equivalent substitute.
(10) Two tourniquets;
(11) One 1-ounce bottle of aromatic spirits of ammonia or 1 dozen
ammonia ampules.
(12) The necessary complements of arm and leg splints or two each
inflatable plastic arm and leg splints.
(c) All first-aid supplies required to be maintained under the
provisions of paragraphs (a) and (b) of this Sec. 75.1713-7 shall be
stored in suitable, sanitary, dust tight, moisture proof containers and
such supplies shall be accessible to the miners.

Sec. 75.1714 Availability of approved self-rescue devices;
instruction in use and location.

(a) Each operator shall make available to each miner who goes
underground, and to visitors authorized to enter the mine by the
operator, an approved self-rescue device or devices which is adequate to
protect such person for 1 hour or longer.
(b) Before any person authorized by the operator goes underground,
the operator shall instruct and train such person in accordance with
provisions set forth in 30 CFR part 48.

[43 FR 54246, Nov. 21, 1978, as amended at 53 FR 10336, Mar. 30, 1988;
60 FR 30401, June 8, 1995; 71 FR 71454, Dec. 8, 2006]

Sec. 75.1714-1 Approved self-rescue devices.

The requirements of Sec. 75.1714 shall be met by making available
to each person referred to in that section a self-rescue device or
devices, which have been approved by MSHA and NIOSH under 42 CFR part
84, as follows:
(a) A 1-hour SCSR;
(b) A SCSR of not less than 10 minutes and a 1-hour canister; or
(c) Any other self-contained breathing apparatus which provides
protection for a period of 1 hour or longer and which is approved for
use by MSHA as a self-rescue device when used and maintained as
prescribed by MSHA.

[60 FR 30401, June 8, 1995]

Sec. 75.1714-2 Self-rescue devices; use and location requirements.

(a) Self-rescue devices shall be used and located as prescribed in
paragraphs (b) through (f) of this section.
(b) Except as provided in paragraph (c), (d), (e), or (f) of this
section, self-rescue devices shall be worn or carried at all times by
each person when underground.
(c) Where the wearing or carrying of the self-rescue device is
hazardous to the person, it shall be placed in a readily accessible
location no greater than 25 feet from such person.

[[Page 675]]

(d) Where a person works on or around equipment, the self-rescue
device may be placed in a readily accessible location on such equipment.
(e) A mine operator may apply to the District Manager under Sec.
75.1502 for permission to place the SCSR more than 25 feet away.
(1) The District Manager shall consider the following factors in
deciding whether to permit an operator to place a SCSR more than 25 feet
from a miner:
(i) Distance from affected sections to surface,
(ii) Pitch of seam in affected sections,
(iii) Height of coal seam in affected sections,
(iv) Location of escapeways,
(v) Proposed location of SCSRs,
(vi) Type of work performed by affected miners,
(vii) Degree of risk to which affected miners are exposed,
(viii) Potential for breaking into oxygen deficient atmospheres,
(ix) Type of risk to which affected miners are exposed,
(x) Accident history of mine, and
(xi) Other matters bearing upon the safety of miners.
(2) Such application shall not be approved by the District Manager
unless it provides that, while underground, all miners whose SCSR is
more than 25 feet away shall have a FSR approved by MSHA and NIOSH under
42 CFR part 84 sufficient to enable each miner to get to a SCSR.
(3) An operator may not obtain permission under paragraph (e) of
this section to place SCSRs more than 25 feet away from miners on trips
into and out of the mine.
(f) If an SCSR is not carried out of the mine at the end of a
miner's shift, the place of storage shall be approved by the District
Manager. A sign made of reflective material with the word ``SCSRs'' or
``SELF-RESCUERS'' shall be conspicuously posted at each SCSR storage
location. Direction signs made of a reflective material shall be posted
leading to each storage location.
(g) Where devices of not less than 10 minutes and 1 hour are made
available in accordance with Sec. 75.1714-1(b), such devices shall be
used and located as follows:
(1) Except as provided in paragraphs (c) and (d) of this section,
the device of not less than 10 minutes shall be worn or carried at all
times by each person when underground, and
(2) The one-hour canister shall be available at all times to all
persons when underground in accordance with a plan submitted by the mine
operator and approved by the District Manager. When the one-hour
canister is placed in a storage location, a sign made of a reflective
material with the word ``SCSRs'' or ``SELF-RESCUERS'' shall be
conspicuously posted at each storage location. Direction signs made of a
reflective material shall be posted leading to each storage location.

[43 FR 54246, Nov. 21, 1978, as amended at 60 FR 30401, June 8, 1995; 69
FR 8108, Feb. 23, 2004; 71 FR 12270, Mar. 9, 2006; 71 FR 71454, Dec. 8,
2006]

Sec. 75.1714-3 Self-rescue devices; inspection, testing, maintenance,
repair, and recordkeeping.

(a) Each operator shall provide for proper inspection, testing,
maintenance, and repair of self-rescue devices by a person trained to
perform such functions.
(b) After each time a self-rescue device is worn or carried by a
person, the device shall be inspected for damage and for the integrity
of its seal by a person trained to perform this function. Self-rescue
devices with broken seals or which are damaged so that the device will
not function properly shall be removed from service.
(c) All FSRs approved by MSHA and NIOSH under 42 CFR part 84, except
devices using vacuum containers as the only method of sealing, shall be
tested at intervals not exceeding 90 days by weighing each device on a
scale or balance accurate to within + 1 gram. A device that weighs more
than 10 grams over its original weight shall be removed from service.
(d) All SCSRs approved by MSHA and NIOSH under 42 CFR part 84 shall
be tested in accordance with instructions approved by MSHA and NIOSH.
Any device which does not meet the specified test requirements shall be
removed from service.

[[Page 676]]

(e) At the completion of each test required by paragraphs (c) and
(d) of this section the person making the tests shall certify by
signature and date that the tests were done. This person shall make a
record of all corrective action taken. Certifications and records shall
be kept at the mine and made available on request to an authorized
representative of the Secretary.
(f) Self-rescue devices removed from service shall be repaired for
return to service only by a person trained to perform such work and only
in accordance with the manufacturer's instructions.

[43 FR 54246, Nov. 21, 1978, as amended at 47 FR 14706, Apr. 6, 1982; 56
FR 1478, Jan. 14, 1991; 60 FR 30402, June 8, 1995; 60 FR 33723, June 29,
1995]

Sec. 75.1714-4 Additional self-contained self-rescuers (SCSRs).

(a) Additional SCSRs in work places. In addition to the requirements
in Sec. Sec. 75.1714, 75.1714-1, 75.1714-2, and 75.1714-3 of this part,
the mine operator shall provide the following:
(1) At least one additional SCSR, which provides protection for a
period of one hour or longer, for each person at a fixed underground
work location.
(2) Additional SCSRs along the normal travel routes for pumpers,
examiners, and other persons who do not have a fixed work location to be
stored at a distance an average miner could walk in 30 minutes. The SCSR
storage locations shall be determined by using one of the methods found
under paragraph (c)(2) of this section.
(b) Additional SCSRs on mantrips. If a mantrip or mobile equipment
is used to enter or exit the mine, at least one additional SCSR, which
provides protection for a period of one hour or longer, shall be
available for each person who uses such transportation from portal to
portal.
(c) Additional SCSRs in escapeways. When each person underground
cannot safely evacuate the mine within 30 minutes, the mine operator
shall provide additional SCSRs stored in each required escapeway.
(1) Each storage location shall contain at least one SCSR, which
provides protection for a period of one hour or longer, for every person
who will be inby that location.
(2) Storage locations shall be spaced along each escapeway at 30-
minute travel distances no greater than the distances determined by--
(i) Calculating the distance an average miner walks in 30 minutes by
using the time necessary for each miner in a sample of typical miners to
walk a typical length of each escapeway; or
(ii) Using the SCSR storage location spacing specified in the
following table, except for escapeways with grades over 5 percent.

------------------------------------------------------------------------
Maximum
distance
between
Average entry height SCSR
storage
locations
(in ft.)
------------------------------------------------------------------------
<40 in. (Crawl)............................................ 2,200
40-<50 in. (Duck Walk).......................... 3,300
50-<65 in. (Walk Head Bent)..................... 4,400
65 in. (Walk Erect)............................. 5,700
------------------------------------------------------------------------

(d) Additional SCSRs in hardened rooms. As an alternative to
providing SCSR storage locations in each escapeway, the mine operator
may store SCSRs in a hardened room located between adjacent escapeways.
(1) The hardened room shall be designed and constructed to the same
explosion force criteria as seals.
(2) The hardened room shall include a means to provide independent,
positive pressure ventilation from the surface during an emergency.
(3) The District Manager shall approve the design and construction
of hardened rooms in the ventilation plan.
(4) These SCSR storage locations shall be spaced in accordance with
paragraph (c) of this section.
(e) Storage location accessibility. All SCSRs required under this
section shall be stored according to the manufacturers' instructions, in
conspicuous locations readily accessible by each person in the mine.
(f) Storage location signs. A sign made of reflective material with
the words ``SCSRs'' or ``SELF-RESCUERS'' shall be conspicuously posted
at each storage location. Direction signs made of a reflective material
shall be posted leading to each storage location.

[71 FR 71454, Dec. 8, 2006]

[[Page 677]]

Sec. 75.1714-5 Map locations of self-contained self-rescuers (SCSR).

The mine operator shall indicate the locations of all stored SCSRs
on the mine maps required by Sec. Sec. 75.1200 and 75.1505 of this
part.

[71 FR 71454, Dec. 8, 2006]

Sec. 75.1714-6 Emergency tethers.

At least one tether, which is a durable rope or equivalent material
designed to permit members of a mine crew to link together while
evacuating the mine during an emergency, shall be provided and stored
with the additional SCSRs on the fixed work location and on the mobile
equipment required in Sec. Sec. 75.1714-4(a)(1) and (b) of this part.

[71 FR 71454, Dec. 8, 2006]

Sec. 75.1714-7 Multi-gas detectors.

(a) Availability. A mine operator shall provide an MSHA-approved,
handheld, multi-gas detector that can measure methane, oxygen, and
carbon monoxide to each group of underground miners and to each person
who works alone, such as pumpers, examiners, and outby miners.
(b) Qualified person. At least one person in each group of
underground miners shall be a qualified person under Sec. 75.150 of
this part and each person who works alone shall be trained to use the
multi-gas detector.
(c) Maintenance and calibration. Multi-gas detectors shall be
maintained and calibrated as specified in Sec. 75.320 of this part.

[71 FR 71454, Dec. 8, 2006]

Sec. 75.1714-8 Reporting SCSR inventory and malfunctions; retention of SCSRs.

(a) SCSR inventory. A mine operator shall submit to MSHA a complete
inventory of all SCSRs at each mine. New mines shall submit the
inventory within 3 months of beginning operation.
(1) The inventory shall include--
(i) Mine name, MSHA mine ID number, and mine location; and
(ii) For each SCSR unit, the manufacturer, the model type, the date
of manufacture, and the serial number.
(2) In the event that a change in the inventory occurs, a mine
operator shall report the change to MSHA within the quarter that the
change occurs (Jan-Mar, Apr-Jun, Jul-Sep, Oct-Dec).
(b) Reporting SCSR problems. A mine operator shall report to MSHA
any defect, performance problem, or malfunction with the use of an SCSR.
The report shall include a detailed description of the problem and, for
each SCSR involved, the information required by paragraph (a)(1) of this
section.
(c) Retention of problem SCSRs. The mine operator shall preserve and
retain each SCSR reported under paragraph (b) of this section for 60
days after reporting the problem to MSHA.

[71 FR 71454, Dec. 8, 2006]

Sec. 75.1715 Identification check system.

[Statutory Provisions]

Each operator of a coal mine shall establish a check-in and check-
out system which will provide positive identification of every person
underground, and will provide an accurate record of the persons in the
mine kept on the surface in a place chosen to minimize the danger of
destruction by fire or other hazard. Such record shall bear a number
identical to an identification check that is securely fastened to the
lamp belt worn by the person underground. The identification check shall
be made of a rust resistant metal of not less than 16 gauge.

Sec. 75.1716 Operations under water.

[Statutory Provisions]

Whenever an operator mines coal from a coal mine opened after March
30, 1970, or from any new working section of a mine opened prior to such
date, in a manner that requires the construction, operation, and
maintenance of tunnels under any river, stream, lake, or other body of
water, that is, in the judgment of the Secretary, sufficiently large to
constitute a hazard to miners, such operator shall obtain a permit from
the Secretary which shall include such terms and conditions as he deems
appropriate to protect the safety of miners working or passing through
such tunnels from caveins and other hazards. Such permits shall require,
in accordance with a plan to be approved by the Secretary,

[[Page 678]]

that a safety zone be established beneath and adjacent to such body of
water. No plan shall be approved unless there is a minimum of cover to
be determined by the Secretary, based on test holes drilled by the
operator in a manner to be prescribed by the Secretary. No such permit
shall be required in the case of any new working section of a mine which
is located under any water resource reservoir being constructed by a
Federal agency on December 30, 1969, the operator of which is required
by such agency to operate in a manner that protects the safety of miners
working in such section from cave-ins and other hazards.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]

Sec. 75.1716-1 Operations under water; notification by operator.

An operator planning to mine coal from coal mines opened after March
30, 1970, or from working sections in mines opened prior to such date,
and in such manner that mining operations will be conducted, or tunnels
constructed, under any river, stream, lake, or other body of water,
shall give notice to the Coal Mine Safety District Manager in the
district in which the mine is located prior to the commencement of such
mining operations.

Sec. 75.1716-2 Permit required.

If in the judgment of the Coal Mine Safety District Manager the
proposed mining operations referred to in Sec. 75.1716-1 constitute a
hazard to miners, he shall promptly so notify the operator that a permit
is required.

Sec. 75.1716-3 Applications for permits.

An application for a permit required under this section shall be
filed with the Coal Mine Safety District Manager and shall contain the
following general information:
(a) Name and address of the company.
(b) Name and address of the mine.
(c) Projected mining and ground support plans.
(d) A mine map showing the locations of the river, stream, lake, or
other body of water and its relation to the location of all working
places.
(e) A profile map showing the type of strata and the distance in
elevation between the coal bed and the river, stream, lake or other body
of water involved. The type of strata shall be determined by core test
drill holes as prescribed by the Coal Mine Safety District Manager.

Sec. 75.1716-4 Issuance of permits.

If the Coal Mine Safety District Manager determines that the
proposed mining operations under water can be safely conducted, he shall
issue a permit for the conduct of such operations under such conditions
as he deems necessary to protect the safety of miners engaged in those
operations.

Sec. 75.1717 Exemptions.

[Statutory Provisions]

No notice under Sec. 75.1716-1 and no permit under Sec. 75.1716-2
shall be required in the case of any new working section of a mine which
is located under any water resource reservoir being constructed by a
Federal agency as of December 30, 1969, and where the operator is
required by such agency to operate in a manner that adequately protects
the safety of miners.

Sec. 75.1718 Drinking water.

[Statutory Provisions]

An adequate supply of potable water shall be provided for drinking
purposes in the active workings of the mine, and such water shall be
carried, stored, and otherwise protected in sanitary containers.

Sec. 75.1718-1 Drinking water; quality.

(a) Potable water provided in accordance with the provisions of
Sec. 75.1718 shall meet the applicable minimum health requirements for
drinking water established by the State or community in which the mine
is located.
(b) Where no state or local health requirements apply to drinking
water or where no state or local minimum health requirements exist,
drinking water provided in accordance with the provisions of Sec.
75.1718 shall contain a minimum of 0.2 milligrams of free chlorine per
liter of water.

[[Page 679]]

Sec. 75.1719 Illumination; purpose and scope of Sec. Sec. 75.1719
through 75.1719-4; time for compliance.

(a) Section 317(e) of the Act (30 U.S.C. 877(e)) directs and
authorizes the Secretary to propose and promulgate standards under which
all working places in a mine shall be illuminated by permissible
lighting while persons are working in such places Sec. Sec. 75.1719
through 75.1719-4 prescribe the requirements for illumination of working
places in underground coal mines while persons are working in such
places and while self-propelled mining equipment is operated in the
working place.
(b) Mine operators shall comply with Sec. Sec. 75.1719 through
75.1719-4 not later than July 1, 1978.

[41 FR 43534, Oct. 1, 1976, as amended at 43 FR 13564, Mar. 31, 1978]

Sec. 75.1719-1 Illumination in working places.

(a) Each operator of an underground coal mine shall provide each
working place in the mine with lighting as prescribed in Sec. Sec.
75.1719-1 and 75.1719-2 while self-propelled mining equipment is
operated in the working place.
(b) Self-propelled mining equipment; definition. For the purposes of
Sec. Sec. 75.1719 through 75.1719-4, ``self-propelled mining
equipment'' means equipment which possesses the capability of moving
itself or its associated components from one location to another by
electric, hydraulic, pneumatic, or mechanical power supplied by a source
located on the machine or transmitted to the machine by cables, ropes,
or chains.
(c) The lighting prescribed in this section shall be in addition to
that provided by personal cap lamps.
(d) The luminous intensity (surface brightness) of surfaces that are
in a miner's normal field of vision of areas in working places that are
required to be lighted shall be not less than 0.06 footlamberts when
measured in accordance with Sec. 75.1719-3.
(e) When self-propelled mining equipment specified in paragraphs
(e)(1) through (e)(6) of this section is operated in a working place,
the areas within a miner's normal field of vision which shall be
illuminated in the working place shall be as prescribed in paragraphs
(e)(1) through (e)(6) of this section.
(1) Continuous miners and coal-loading equipment. In working places
in which continuous miners and coal-loading equipment are operated, the
areas which shall be illuminated shall be as follows:
(i) The face, and
(ii) The ribs, roof, floor, and exposed surface of mining equipment,
which are between the face and the inby end of the shuttle car or other
conveying equipment while in position to receive material.
(2) Self-loading haulage equipment used as a loading machine. In
working places in which self-loading haulage equipment is operated to
load material, the areas which shall be illuminated shall be as follows:
(i) The face, and
(ii) The ribs, roof, floor, and exposed surfaces of mining
equipment, which are between the face and a point 5 feet outby the
machine.
(3) Cutting and drilling equipment. In working places in which
cutting or drilling equipment is operated, the areas which shall be
illuminated shall be as follows:
(i) The ribs, roof, floor, and exposed surfaces of mining equipment,
which are between the face and a point 5 feet outby the machine.
(4) Shortwall and longwall mining equipment. In working places in
which shortwall or longwall mining equipment is operated, the areas
which shall be illuminated shall be as follows:
(i) The area for the length of the self-advancing roof support
system and which is between the gob-side of the travelway and the side
of the block of coal from which coal is being extracted, and
(ii) The control station, and the head piece and tail piece of the
face conveyor, and
(iii) The roof and floor for a distance of 5 feet horizontally from
the control station, head piece and tail piece.
(5) Roof bolting equipment. In working places in which roof bolting
equipment is operated, the areas which shall be illuminated shall be as
follows:
(i) Where the distance from the floor, to the roof is 5 feet, or
less: the face, ribs, roof, floor, and exposed surfaces of

[[Page 680]]

mining equipment, which are within an area the perimeter of which is a
distance of 5 feet from the machine, when measured parallel to the
floor.
(ii) Where the distance from the floor to the roof is more than 5
feet: the face, ribs, roof, floor, and exposed surfaces of mining
equipment, which are within an area the perimeter of which from the
front and sides of the machine is a distance equal to the distance from
the floor to the roof and from the rear of the machine a distance of 5
feet, when measured parallel to the floor.
(6) Other self-propelled equipment. Unless the entire working place
is illuminated by stationary lighting equipment, in working places in
which self-propelled equipment is operated, other than equipment
specified in paragraphs (e)(1) through (e)(5) of this section,
illumination shall be provided as follows:
(i) Luminaires shall be installed on each machine operated in the
working place which shall illuminate a face or rib coal surface which is
within 10 feet of the front and the rear of the machine to a luminous
intensity of not less than 0.06 footlamberts, and
(ii) The height and width of the area of the coal surface which
shall be illuminated shall equal the height and width, respectively, of
the machine on which the luminaires are installed, and
(iii) The luminaires in the direction of travel shall be operated at
all times the equipment is being trammed in the working place.
(f) The Administrator, Coal Mine Health and Safety, MSHA, may
specify other areas in a working place to be illuminated for the
protection of miners while self-propelled mining equipment is being
operated in the working place.
(g) Surface brightness of floor, roof, coal and machine surfaces in
the normal visual field of a miner shall not vary more than 50 percent
between adjacent fields of similar surface reflectance, and the maximum
surface brightness of such surface shall not exceed 120 footlamberts
when measured in accordance with Sec. 75.1719-3.

[41 FR 43534, Oct. 1, 1976, as amended at 42 FR 18859, Apr. 11, 1977; 43
FR 43458, Sept. 26, 1978; 47 FR 28096, June 29, 1982]

Sec. 75.1719-2 Lighting fixtures; requirements.

(a) Lighting fixtures shall be permissible.
(b) Lighting fixtures may be installed on self-propelled machines or
may be stationary lighting fixtures.
(c)(1) Electrically operated lighting fixtures shall be energized by
direct current, or by sinusoidal full wave alternating current not less
than 50 cycles per second (100 pulses per second), or by an equivalent
power source that causes no greater flicker.
(2) Alternating current circuits supplying power to stationary
lighting fixtures shall contain conductors energized at voltages not
greater than 70 volts to ground. Alternating current circuits, energized
at 100 volts or more and used to supply power to stationary lighting
fixtures, shall originate at a transformer having a center or neutral
tap grounded to earth through a proper resistor, which shall be designed
to limit fault current to not more than 5 amperes. A grounding circuit
in accordance with Sec. 75.701-4 shall originate at the grounded
terminal of the grounding resistor and extend along with the power
conductors and serve as a grounding conductor for the frames of all
equipment receiving power from the circuit. The ground fault current
rating of grounding resistors shall meet the ``extended time rating''
set forth in the Institute of Electrical and Electronics Engineers, Inc.
Standard No. 32 (IEEE Std. 32-1972) which is hereby incorporated by
reference and made a part hereof. The incorporated publication is
available for examination at each MSHA Coal Mine Safety and Health
district office, and may be obtained from the Institute of Electrical
and Electronics Engineers, Inc., Publications Office, 10662 Los Vaqueros
Circle, P.O. Box 3014 Los Alamitos, CA 90720-1264 Telephone: 800-272-
6657 (toll free); http://www.ieee.org.
(3) Machine-mounted lighting fixtures shall be electrically grounded
to the machine by a separate grounding conductor in compliance with
Sec. 75.701-4.
(d) Direct current circuits in excess of a nominal voltage of 300
volts shall not be used to supply power to stationary light fixtures.

[[Page 681]]

(e) Cables conducting power to stationary lighting fixtures from
both alternating and direct current power sources, other than
intrinsically safe devices, shall be considered trailing cables, and
shall meet the requirements of Subpart G of this part. In addition, such
cables shall be protected against overloads and short circuits by a
suitable circuit breaker or other device approved by the Secretary.
Circuit breakers or other device approved by the Secretary protecting
trailing cables receiving power from resistance grounded circuits shall
be equipped with a ground trip arrangement which shall be designed to
deenergize the circuit at not more than 50% of the available fault
current.
(f) Before shunts are removed from blasting caps, lighting fixtures
and associated cables located in the same working place shall be
deenergized. Furthermore, lighting fixtures shall be removed out of the
line of blast and not less than 50 feet from the blasting operation
unless otherwise protected against flying debris.
(g) Lighting fixtures shall be designed and installed to minimize
discomfort glare.

[41 FR 43534, Oct. 1, 1976, as amended at 71 FR 16669, Apr. 3, 2006]

Sec. 75.1719-3 Methods of measurement; light measuring instruments.

(a) Compliance with Sec. 75.1719-1(d) shall be determined by MSHA
by measuring luminous intensity (surface brightness).
(b) In measuring luminous intensity the following procedures shall
be used:
(1) In areas of working places specified in Sec. Sec.
75.1719.1(e)(1) through 75.1719-1(e)(3) luminous intensity measurements
of the face, ribs, roof, floor, and exposed surfaces of mining
equipment, shall be made with the machine idle and located in the
approximate center of the working place with the cutting, loading, or
drilling head toward the face and not more than 3 feet from the face.
(2) In areas of working places specified in Sec. 75.1719-1(e)(4)
luminous intensity measurements may be made at any time longwall or
shortwall mining equipment is operated except that when measurements are
made in the vicinity of shearers, plows, or continuous miners, the
equipment shall be idle while measurements are being made.
(3) In areas of working places specified in Sec. 75.1719-1(e)(5)
luminous intensity measurements of the face, ribs, roof, floor, and
exposed surfaces of mining equipment, shall be made with the machine
idle and located in the approximate center of the working place with the
drilling head toward the face and a distance from the face of 5 feet, or
the distance from the floor to the roof, whichever is applicable. When
the machine is located in the center of the working place and the
surfaces of the ribs to be illuminated are not within the perimeter of
the area determined in accordance with Sec. 75.1719-1(e)(5), the
machine shall be positioned the applicable distance from the face and
each rib and luminous intensity measurements made for each rib,
provided, however, that luminous intensity measurements may be made of
the face, roof, floor, and exposed surfaces of mining equipment with the
machine so located without locating the machine in the center of the
working place.
(4) In areas of working places specified in Sec. 75.1719-1(e)(6),
luminous intensity measurements of a coal surface shall be made with the
machine idle and located in the approximate center of the working place
with the appropriate end toward the face and not less than 9 feet nor
more than 10 feet from the face.
(5) The area of surfaces to be measured shall be divided into round
or square fields having an area of not less than 3 nor more than 5
square feet as illustrated by the following figure:

[[Page 682]]

[GRAPHIC] [TIFF OMITTED] TC22OC91.021

(6) Measurements shall be taken with the photometer held
approximately perpendicular to the surface being measured and a
sufficient distance from the surface to allow the light sensing element
in the instrument to receive reflected light from a field of not less
than 3 nor more than 5 square feet. The luminous intensity of each such
field shall be not less than 0.06 footlambert.
(7) In areas of working places where clearances are restricted to
the extent that the photometer cannot be held a sufficient distance from
the surface to allow the light sensing element in the instrument to
receive reflected light from a field having an area of at least 3 square
feet, luminous intensity shall be considered as the average of four
uniformly spaced readings taken at the corners and within a square field
having an area of approximately 4 square feet. In such instances, the
area of each of the individual readings shall not exceed 100 square
inches. The average of the four readings shall be not less than 0.06
footlambert. The method of measurement is illustrated by the following
figure:
[GRAPHIC] [TIFF OMITTED] TC22OC91.022

(8) Measurements shall not be made where shadows are cast by roof
control posts, ventilation equipment, or other obstructions necessary to
insure safe mining conditions.
(9) Where machine-mounted light fixtures are used on equipment,
except self advancing roof support systems, measurements shall not be
made of surfaces on or within 1 foot of a self-propelled machine.
(c) For the purpose of making illumination measurements, an
authorized representative of the Secretary may require the installation
of temporary roof supports or the removal of the equipment to a similar
working place in which permanent roof supports have been installed.
(d) Light measuring instruments shall be properly calibrated and
maintained. Instruments shall be calibrated against standards traceable
to the National Institute of Standards and Technology (Formerly the
National Bureau of Standards) and color corrected to the Commission
Internationale de l'Eclairage (CIE) Spectral Luminous Curve. The CIE
Spectral Luminous Curve is as follows:

[[Page 683]]

[GRAPHIC] [TIFF OMITTED] TC22OC91.023

[41 FR 43534, Oct. 1, 1976, as amended at 71 FR 16669, Apr. 3, 2006]

Sec. 75.1719-4 Mining machines, cap lamps; requirements.

(a) Paint used on exterior surfaces of mining machines shall have a
minimum reflectance of 30 percent, except cab interiors and other
surfaces which might adversely affect visibility.
(b) When stationary light fixtures are used, red reflectors mounted
in protective frames or reflecting tape shall be installed on each end
of mining machines, except that continuous mining machines, loaders, and
cutters need only have such reflectors or tape on the outby end.
Reflectors or reflecting tape shall have an area of not less than 10
square inches.
(c) Each person who goes underground shall be required to wear an
approved personal cap lamp or an equivalent portable light.
(d) Each person who goes underground shall be required to wear a
hard hat or hard cap which shall have a minimum of 6 square inches of
reflecting tape or equivalent paint or material on each side and back.

[41 FR 43534, Oct. 1, 1976]

Sec. 75.1720 Protective clothing; requirements.

On and after the effective date of this Sec. 75.1720 each miner
regularly employed in the active workings of an underground coal mine
shall be required to wear the following protective clothing and devices:
(a) Protective clothing or equipment and face-shields or goggles
when welding, cutting, or working with molten metal or when other
hazards to the eyes exist from flying particles.
(b) Suitable protective clothing to cover those parts of the body
exposed to injury when handling corrosive or toxic substances or other
materials which might cause injury to the skin.
(c) Protective gloves when handling materials or performing work
which might cause injury to the hands; however, gloves shall not be worn
where they would create a greater hazard by becoming entangled in the
moving parts of equipment.
(d) A suitable hard hat or hard cap. If a hard hat or hard cap is
painted, nonmetallic based paint shall be used.
(e) Suitable protective footwear.

[36 FR 19497, Oct. 7, 1971, as amended at 39 FR 7175, Feb. 25, 1974]

Sec. 75.1720-1 Distinctively colored hard hats, or hard caps;
identification for newly employed, inexperienced miners.

Hard hats or hard caps distinctively different in color from those
worn by experienced miners shall be worn by each newly employed,
inexperienced miner for at least one year from the date of his initial
employment as a miner or until he has been qualified or certified as a
miner by the State in which he is employed.

[39 FR 7175, Feb. 25, 1974]

Sec. 75.1721 Opening of new underground coal mines, or reopening
and reactivating of abandoned or deactivated coal mines, notification
by the operator; requirements.

(a) Each operator of a new underground coal mine, and a mine which
has been abandoned or deactivated and is to be reopened or reactivated,
shall prior to opening, reopening or reactivating the mine notify the
Coal Mine Health and Safety District Manager for the district in which
the mine is located of the approximate date of the proposed or actual
opening of such mine. Thereafter, and as soon as practicable, the
operator of such mine shall

[[Page 684]]

submit all preliminary plans in accordance with paragraphs (b) and (c)
of this section to the District Manager and the operator shall not
develop any part of the coalbed in such mine unless and until all
preliminary plans have been approved.
(b) The preliminary plans required to be submitted by the operator
to the District Manager shall be in writing and shall contain the
following:
(1) The name and location of the proposed mine and the Mine Safety
and Health Administration mine identification number, if known;
(2) The name and address of the mine operator(s);
(3) The name and address of the principal official designated by the
operator as the person who is in charge of health and safety at the
mine;
(4) The identification and approximate height of the coalbed to be
developed;
(5) The system of mining to be employed;
(6) A proposed roof control plan containing the information
specified in Sec. 75.220.
(7) A proposed mine ventilation plan containing the information
specified in Sec. Sec. 75.371 and 75.372;
(8) A proposed plan for sealing worked-out areas containing the
information specified in Sec. Sec. 75.371 and 75.372.
(9) A proposed program for searching miners for smoking materials in
accordance with the provisions of Sec. 75.1702; and,
(10) A proposed plan for emergency medical assistance and emergency
communication in accordance with the provisions of Sec. Sec. 75.1713-1
and 75.1713-2.
(c) The preliminary plans required to be submitted by the operator
to the District Manager shall be in writing and shall contain the
following:
(1) The proposed training plan containing the information specified
in Sec. Sec. 48.3 and 48.23 of this chapter, and
(2) A proposed plan for training and retraining certified and
qualified persons containing the information specified in Sec. 75.160-
1.

[44 FR 9380, Feb. 13, 1979, as amended at 47 FR 23641, May 28, 1982; 57
FR 20929, May 15, 1992]

Sec. 75.1722 Mechanical equipment guards.

(a) Gears; sprockets; chains; drive, head, tail, and takeup pulleys;
flywheels; couplings, shafts; sawblades; fan inlets; and similar exposed
moving machine parts which may be contacted by persons, and which may
cause injury to persons shall be guarded.
(b) Guards at conveyor-drive, conveyor-head, and conveyor-tail
pulleys shall extend a distance sufficient to prevent a person from
reaching behind the guard and becoming caught between the belt and the
pulley.
(c) Except when testing the machinery, guards shall be securely in
place while machinery is being operated.

[38 FR 4976, Feb. 23, 1973]

Sec. 75.1723 Stationary grinding machines; protective devices.

(a) Stationary grinding machines other than special bit grinders
shall be equipped with:
(1) Peripheral hoods (less than 90[deg] throat openings) capable of
withstanding the force of a bursting wheel.
(2) Adjustable tool rests set as close as practical to the wheel.
(3) Safety washers.
(b) Grinding wheels shall be operated within the specifications of
the manufacturer of the wheel.
(c) Face shields or goggles, in good condition, shall be worn when
operating a grinding wheel.

[38 FR 4976, Feb. 23, 1973]

Sec. 75.1724 Hand-held power tools; safety devices.

Hand-held power tools shall be equipped with controls requiring
constant hand or finger pressure to operate the tools or shall be
equipped with friction or other equivalent safety devices.

[38 FR 4976, Feb. 23, 1973]

Sec. 75.1725 Machinery and equipment; operation and maintenance.

(a) Mobile and stationary machinery and equipment shall be
maintained in safe operating condition and machinery or equipment in
unsafe condition shall be removed from service immediately.

[[Page 685]]

(b) Machinery and equipment shall be operated only by persons
authorized to operate such machinery or equipment.
(c) Repairs or maintenance shall not be performed on machinery until
the power is off and the machinery is blocked against motion, except
where machinery motion is necessary to make adjustments.
(d) Machinery shall not be lubricated manually while in motion,
unless equipped with extended fittings or cups.

[38 FR 4976, Feb. 23, 1973]

Sec. 75.1726 Performing work from a raised position; safeguards.

(a) Men shall not work on or from a piece of mobile equipment in a
raised position until it has been blocked in place securely. This does
not preclude the use of equipment specifically designed as elevated
mobile work platforms.
(b) No work shall be performed under machinery or equipment that has
been raised until such machinery or equipment has been securely blocked
in position.

[38 FR 4976, Feb. 23, 1973]

Sec. 75.1727 Drive belts.

(a) Drive belts shall not be shifted while in motion unless the
machines are provided with mechanical shifters.
(b) Belt dressing shall not be applied while belts are in motion
except where it can be applied without endangering a person.

[38 FR 4976, Feb. 23, 1973]

Sec. 75.1728 Power-driven pulleys.

(a) Belts, chains, and ropes shall not be guided onto power-driven
moving pulleys, sprockets, or drums with the hands except on slow-moving
equipment especially designed for hand feeding.
(b) Pulleys of conveyors shall not be cleaned manually while the
conveyor is in motion.
(c) Coal spilled beneath belt conveyor drives or tail pieces shall
not be removed while the conveyor is in motion, except where such coal
can be removed without endangering persons.

[38 FR 4976, Feb. 23, 1973]

Sec. 75.1729 Welding operations.

Welding operations shall be shielded and the area shall be well
ventilated.

[38 FR 4976, Feb. 23, 1973]

Sec. 75.1730 Compressed air; general; compressed air systems.

(a) All pressure vessels shall be constructed, installed, and
maintained in accordance with the standards and specifications of
Section VIII ``Unfired Pressure Vessels,'' of the American Society of
Mechanical Engineers Boiler and Pressure Vessel Code (1971), which is
hereby incorporated by reference and made a part hereof. This document
may be purchased from the American Society of Mechanical Engineers, 22
Law Drive, P.O. Box 2900, Fairfield, New Jersey 07007, Phone: 800-843-
2763 (toll free); http://www.asme.org; and it is available for
examination in every MSHA Coal Mine Safety and Health district office.
(b) Compressors and compressed-air receivers shall be equipped with
automatic pressure-relief valves, pressure gages, and drain valves.
(c) Repairs involving the pressure system of compressors, receivers,
or compressed-air-powered equipment shall not be attempted until the
pressure has been relieved from that part of the system to be repaired.
(d) At no time shall compressed air be directed toward a person.
When compressed air is used, all necessary precautions shall be taken to
protect persons from injury.
(e) Safety chains, suitable locking devices, or automatic cut-off
valves shall be used at connections to machines of high-pressure hose
lines of three-fourths of an inch inside diameter or larger, and between
high-pressure hose lines of three-fourths of an inch inside diameter or
larger, where a connection failure would create a hazard. For purposes
of this paragraph, high-pressure means pressure of 100 p.s.i. or more.

[38 FR 4976, Feb. 23, 1973, as amended at 71 FR 16669, Apr. 3, 2006]

Sec. 75.1731 Maintenance of belt conveyors and belt conveyor entries.

(a) Damaged rollers, or other damaged belt conveyor components,
which

[[Page 686]]

pose a fire hazard must be immediately repaired or replaced. All other
damaged rollers, or other damaged belt conveyor components, must be
repaired or replaced.
(b) Conveyor belts must be properly aligned to prevent the moving
belt from rubbing against the structure or components.
(c) Materials shall not be allowed in the belt conveyor entry where
the material may contribute to a frictional heating hazard.
(d) Splicing of any approved conveyor belt must maintain flame-
resistant properties of the belt.

[73 FR 80616, Dec. 31, 2008]

Sec. 75.1732 Proximity detection systems.

Operators must install proximity detection systems on certain mobile
machines.
(a) Machines covered. Operators must equip continuous mining
machines, except full-face continuous mining machines, with proximity
detection systems by the following dates. For proximity detection
systems with miner-wearable components, the mine operator must provide a
miner-wearable component to be worn by each miner on the working section
by the following dates.
(1) Continuous mining machines manufactured after March 16, 2015
must meet the requirements in this section no later than November 16,
2015. These machines must meet the requirements in this section when
placed in service with a proximity detection system.
(2) Continuous mining machines manufactured and equipped with a
proximity detection system on or before March 16, 2015 must meet the
requirements in this section no later than September 16, 2016.
(3) Continuous mining machines manufactured and not equipped with a
proximity detection system on or before March 16, 2015 must meet the
requirements in this section no later than March 16, 2018. These
machines must meet the requirements in this section when placed in
service with a proximity detection system.
(b) Requirements for a proximity detection system. A proximity
detection system includes machine-mounted components and miner-wearable
components. The system must:
(1) Cause a machine, which is tramming from place-to-place or
repositioning, to stop before contacting a miner except for a miner who
is in the on-board operator's compartment;
(2) Provide an audible and visual warning signal on the miner-
wearable component and a visual warning signal on the machine that alert
miners before the system causes a machine to stop. These warning signals
must be distinguishable from other signals;
(3) Provide a visual signal on the machine that indicates the
machine-mounted components are functioning properly;
(4) Prevent movement of the machine if any machine-mounted component
of the system is not functioning properly. However, a system with any
machine-mounted component that is not functioning properly may allow
machine movement if it provides an audible or visual warning signal,
distinguishable from other signals, during movement. Such movement is
permitted only for purposes of relocating the machine from an unsafe
location for repair;
(5) Be installed to prevent interference that adversely affects
performance of any electrical system; and
(6) Be installed and maintained in proper operating condition by a
person trained in the installation and maintenance of the system.
(c) Proximity detection system checks. Operators must:
(1) Designate a person who must perform a check of machine-mounted
components of the proximity detection system to verify that components
are intact, that the system is functioning properly, and take action to
correct defects--
(i) At the beginning of each shift when the machine is to be used;
or
(ii) Immediately prior to the time the machine is to be operated if
not in use at the beginning of a shift; or
(iii) Within 1 hour of a shift change if the shift change occurs
without an interruption in production.
(2) Check for proper operation of miner-wearable components at the
beginning of each shift that the components are to be used and correct
defects before the components are used.

[[Page 687]]

(d) Certifications and records. The operator must make and retain
certifications and records as follows:
(1) At the completion of the check of machine-mounted components
required under paragraph (c)(1) of this section, a certified person
under Sec. 75.100 must certify by initials, date, and time that the
check was conducted. Defects found as a result of the check, including
corrective actions and dates of corrective actions, must be recorded
before the end of the shift;
(2) Make a record of the defects found as a result of the check of
miner-wearable components required under paragraph (c)(2) of this
section, including corrective actions and dates of corrective actions;
(3) Make a record of the persons trained in the installation and
maintenance of proximity detection systems required under paragraph
(b)(6) of this section;
(4) Maintain records in a secure book or electronically in a secure
computer system not susceptible to alteration; and
(5) Retain records for at least one year and make them available for
inspection by authorized representatives of the Secretary and
representatives of miners.

[80 FR 2202, Jan. 15, 2015]

Subpart S [Reserved]

Subpart T_Diesel-Powered Equipment

Source: 61 FR 55527, Oct. 25, 1996, unless otherwise noted.

Sec. 75.1900 Definitions.

The following definitions apply in this subpart.
Diesel fuel tank. A closed metal vessel specifically designed for
the storage or transport of diesel fuel.
Diesel fuel transportation unit. A self-propelled or portable
wheeled vehicle used to transport a diesel fuel tank.
Noncombustible material. A material that will continue to serve its
intended function for 1 hour when subjected to a fire test incorporating
an ASTM E119-88 time/temperature heat input, or equivalent. The
publication ASTM E119-88 ``Standard Test Methods for Fire Tests of
Building Construction and Materials'' is incorporated by reference and
may be inspected at any MSHA Coal Mine Safety and Health District
Office; 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. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. In addition, copies of the document may be purchased from
the American Society for Testing and Materials (ASTM), 100 Barr Harbor
Drive, P.O. Box C700, West Conshohocken, PA, 19428-2959; 610-832-9500;
http://www.astm.org.
Permanent underground diesel fuel storage facility. A facility
designed and constructed to remain at one location for the storage or
dispensing of diesel fuel, which does not move as mining progresses.
Safety can. A metal container intended for storage, transport or
dispensing of diesel fuel, with a nominal capacity of 5 gallons, listed
or approved by a nationally recognized independent testing laboratory.
Temporary underground diesel fuel storage area. An area of the mine
provided for the short-term storage of diesel fuel in a fuel
transportation unit, which moves as mining progresses.

[35 FR 17890, Nov. 20, 1970, as amended at 67 FR 38386, June 4, 2002; 71
FR 16669, Apr. 3, 2006; 80 FR 52992, Sept. 2, 2015]

Sec. 75.1901 Diesel fuel requirements.

(a) Diesel-powered equipment shall be used underground only with a
diesel fuel having a sulfur content no greater than 0.05 percent and a
flash point of 100 [deg]F (38 [deg]C) or greater. Upon request, the mine
operator shall provide to an authorized representative of the Secretary
evidence that the diesel fuel purchased for use in diesel-powered
equipment underground meets these requirements.

[[Page 688]]

(b) Flammable liquids shall not be added to diesel fuel used in
diesel-powered equipment underground.
(c) Only diesel fuel additives that have been registered by the
Environmental Protection Agency may be used in diesel-powered equipment
underground.

Sec. 75.1902 Underground diesel fuel storage--general requirements.

(a) All diesel fuel must be stored in:
(1) Diesel fuel tanks in permanent underground diesel fuel storage
facilities;
(2) Diesel fuel tanks on diesel fuel transportation units in
permanent underground diesel fuel storage facilities or in temporary
underground fuel storage areas; or
(3) Safety cans.
(b) The total capacity of stationary diesel fuel tanks in permanent
underground diesel fuel storage facilities must not exceed 1000 gallons.
(c)(1) Only one temporary underground diesel fuel storage area is
permitted for each working section or in each area of the mine where
equipment is being installed or removed.
(2) The temporary underground diesel fuel storage area must be
located--
(i) Within 500 feet of the loading point;
(ii) Within 500 feet of the projected loading point where equipment
is being installed; or
(iii) Within 500 feet of the last loading point where equipment is
being removed.
(3) No more than one diesel fuel transportation unit at a time shall
be parked in the temporary underground diesel fuel storage area.
(d) Permanent underground diesel fuel storage facilities and
temporary underground diesel fuel storage areas must be--
(1) At least 100 feet from shafts, slopes, shops, or explosives
magazines;
(2) At least 25 feet from trolley wires or power cables, or electric
equipment not necessary for the operation of the storage facilities or
areas; and
(3) In a location that is protected from damage by other mobile
equipment.
(e) Permanent underground diesel fuel storage facilities must not be
located within the primary escapeway.

Sec. 75.1903 Underground diesel fuel storage facilities and areas;
construction and safety precautions.

(a) Permanent underground diesel fuel storage facilities must be--
(1) Constructed of noncombustible materials, including floors,
roofs, roof supports, doors, and door frames. Exposed coal within fuel
storage areas must be covered with noncombustible materials. If
bulkheads are used they must be tightly sealed and must be built of or
covered with noncombustible materials;
(2) Provided with either self-closing doors or a means for automatic
enclosure;
(3) Provided with a means for personnel to enter and exit the
facility after closure;
(4) Ventilated with intake air that is coursed into a return air
course or to the surface and that is not used to ventilate working
places, using ventilation controls meeting the requirements of Sec.
75.333(e);
(5) Equipped with an automatic fire suppression system that meets
the requirements of Sec. 75.1912. Actuation of the automatic fire
suppression system shall initiate the means for automatic enclosure;
(6) Provided with a means of containment capable of holding 150
percent of the maximum capacity of the fuel storage system; and
(7) Provided with a competent concrete floor or equivalent to
prevent fuel spills from saturating the mine floor.
(b) Permanent underground diesel fuel storage facilities and
temporary underground diesel fuel storage areas must be--
(1) Equipped with at least 240 pounds of rock dust and provided with
two portable multipurpose dry chemical type (ABC) fire extinguishers
that are listed or approved by a nationally recognized independent
testing laboratory and have a 10A:60B:C or higher rating. Both fire
extinguishers must be easily accessible to personnel, and at least one
fire extinguisher must be located

[[Page 689]]

outside of the storage facility or area upwind of the facility, in
intake air; or
(2) Provided with three portable multipurpose dry chemical type
(ABC) fire extinguishers that are listed or approved by a nationally
recognized independent testing laboratory and have a 10A:60B:C or higher
rating. All fire extinguishers must be easily accessible to personnel,
and at least one fire extinguisher must be located outside of the
storage facility or area upwind of the facility, in intake air.
(3) Identified with conspicuous markings designating diesel fuel
storage; and
(4) Maintained to prevent the accumulation of water.
(c) Welding or cutting other than that performed in accordance with
paragraph (d) of this section shall not be performed within 50 feet of a
permanent underground diesel fuel storage facility or a temporary
underground diesel fuel storage area.
(d) When it is necessary to weld, cut, or solder pipelines, tanks,
or other containers that may have contained diesel fuel, these practices
shall be followed:
(1) Cutting or welding shall not be performed on or within
pipelines, tanks, or other containers that have contained diesel fuel
until they have been thoroughly purged and cleaned or inerted and a vent
or opening is provided to allow for sufficient release of any buildup
pressure before heat is applied.
(2) Diesel fuel shall not be allowed to enter pipelines, tanks, or
containers that have been welded, soldered, brazed, or cut until the
metal has cooled to ambient temperature.

Sec. 75.1904 Underground diesel fuel tanks and safety cans.

(a) Diesel fuel tanks used underground shall--
(1) Have steel walls of a minimum \3/16\-inch thickness, or walls
made of other metal of a thickness that provides equivalent strength;
(2) Be protected from corrosion;
(3) Be of seamless construction or have liquid tight welded seams;
(4) Not leak; and
(5) For stationary tanks in permanent underground diesel fuel
storage facilities, be placed on supports constructed of noncombustible
material so that the tanks are at least 12 inches above the floor.
(b) Underground diesel fuel tanks must be provided with--
(1) Devices for emergency venting designed to open at a pressure not
to exceed 2.5 psi according to the following--
(i) Tanks with a capacity greater than 500 gallons must have an
emergency venting device whose area is equivalent to a pipe with a
nominal inside diameter of 5 inches or greater; and
(ii) Tanks with a capacity of 500 gallons or less must have an
emergency venting device whose area is equivalent to a pipe with a
nominal inside diameter of 4 inches or greater.
(2) Tethered or self-closing caps for stationary tanks in permanent
underground diesel fuel storage facilities and self-closing caps for
diesel fuel tanks on diesel fuel transportation units;
(3) Vents to permit the free discharge of liquid, at least as large
as the fill or withdrawal connection, whichever is larger, but not less
than 1\1/4\ inch nominal inside diameter;
(4) Liquid tight connections for all tank openings that are--
(i) Identified by conspicuous markings that specify the function;
and
(ii) Closed when not in use.
(5) Vent pipes that drain toward the tank without sagging and are
higher than the fill pipe opening;
(6) Shutoff valves located as close as practicable to the tank shell
on each connection through which liquid can normally flow; and
(7) An automatic closing, heat-actuated valve on each withdrawal
connection below the liquid level.
(c) When tanks are provided with openings for manual gauging, liquid
tight, tethered or self-closing caps or covers must be provided and must
be kept closed when not open for gauging.
(d) Surfaces of the tank and its associated components must be
protected against damage by collision.
(e) Before being placed in service, tanks and their associated
components must be tested for leakage at a pressure equal to the working
pressure, except tanks and components connected directly to piping
systems, which must

[[Page 690]]

be properly designed for the application.
(f) Safety cans must be:
(1) Limited to a nominal capacity of 5 gallons or less;
(2) Equipped with a flexible or rigid tubular nozzle attached to a
valved spout;
(3) Provided with a vent valve designed to open and close
simultaneously and automatically with the opening and closing of the
pouring valve; and
(4) Designed so that they will safely relieve internal pressure when
exposed to fire.

Sec. 75.1905 Dispensing of diesel fuel.

(a) Diesel-powered equipment in underground coal mines may be
refueled only from safety cans, from tanks on diesel fuel transportation
units, or from stationary tanks.
(b) Fuel that is dispensed from other than safety cans must be
dispensed by means of--
(1) Gravity feed with a hose equipped with a nozzle with a self-
closing valve and no latch-open device;
(2) A manual pump with a hose equipped with a nozzle containing a
self-closing valve; or
(3) A powered pump with:
(i) An accessible emergency shutoff switch for each nozzle;
(ii) A hose equipped with a self-closing valve and no latch-open
device; and
(iii) An anti-siphoning device.
(c) Diesel fuel must not be dispensed using compressed gas.
(d) Diesel fuel must not be dispensed to the fuel tank of diesel-
powered equipment while the equipment engine is running.
(e) Powered pumps shall be shut off when fuel is not being
dispensed.

Sec. 75.1905-1 Diesel fuel piping systems.

(a) Diesel fuel piping systems from the surface must be designed and
operated as dry systems, unless an automatic shutdown is incorporated
that prevents accidental loss or spillage of fuel and that activates an
alarm system.
(b) All piping, valves and fittings must be--
(1) Capable of withstanding working pressures and stresses;
(2) Capable of withstanding four times the static pressures;
(3) Compatible with diesel fuel; and
(4) Maintained in a manner that prevents leakage.
(c) Pipelines must have manual shutoff valves installed at the
surface filling point, and at the underground discharge point.
(d) If diesel fuel lines are not buried in the ground sufficiently
to protect them from damage, shutoff valves must be located every 300
feet.
(e) Shutoff valves must be installed at each branch line where the
branch line joins the main line.
(f) An automatic means must be provided to prevent unintentional
transfer of diesel fuel from the surface into the permanent underground
diesel fuel storage facility.
(g) Diesel fuel piping systems from the surface shall only be used
to transport diesel fuel directly to stationary tanks or diesel fuel
transportation units in a permanent underground diesel fuel storage
facility.
(h) The diesel fuel piping system must not be located in a borehole
with electric power cables.
(i) Diesel fuel piping systems located in entries must not be
located on the same side of the entry as electric cables or power lines.
Where it is necessary for piping systems to cross electric cables or
power lines, guarding must be provided to prevent severed electrical
cables or power lines near broken fuel lines.
(j) Diesel fuel piping systems must be protected and located to
prevent physical damage.

Sec. 75.1906 Transport of diesel fuel.

(a) Diesel fuel shall be transported only by diesel fuel
transportation units or in safety cans.
(b) No more than one safety can shall be transported on a vehicle at
any time. The can must be protected from damage during transport. All
other safety cans must be stored in permanent underground diesel fuel
storage facilities.
(c) Safety cans that leak must be promptly removed from the mine.

[[Page 691]]

(d) Diesel fuel transportation unit tanks and safety cans must be
conspicuously marked as containing diesel fuel.
(e) Diesel fuel transportation units must transport no more than 500
gallons of diesel fuel at a time.
(f) Tanks on diesel fuel transportation units must be permanently
fixed to the unit and have a total capacity of no greater than 500
gallons of diesel fuel.
(g) Non-self-propelled diesel fuel transportation units with
electrical components for dispensing fuel that are connected to a source
of electrical power must be protected by a fire suppression device that
meets the requirements of Sec. Sec. 75.1107-3 through 75.1107-6, and
Sec. Sec. 75.1107-8 through 75.1107-16.
(h) Diesel fuel transportation units and vehicles transporting
safety cans containing diesel fuel must have at least two multipurpose,
dry chemical type (ABC) fire extinguishers, listed or approved by a
nationally recognized independent testing laboratory and having a
10A:60B:C or higher rating, with one fire extinguisher provided on each
side of the vehicle.
(i) Diesel fuel transportation units shall be parked only in
permanent underground diesel fuel storage facilities or temporary
underground diesel fuel storage areas when not in use.
(j) When the distance between a diesel fuel transportation unit and
an energized trolley wire at any location is less than 12 inches, the
requirements of Sec. 75.1003-2 must be followed.
(k) Diesel fuel shall not be transported on or with mantrips or on
conveyor belts.
(l) Diesel fuel shall be stored and handled in accordance with the
requirements of Sec. Sec. 75.1902 through 75.1906 of this part as of
November 25, 1997.

[61 FR 55527, Oct. 25, 1996, as amended at 63 FR 12647, Mar. 16, 1998]

Sec. 75.1907 Diesel-powered equipment intended for use
in underground coal mines.

(a) As of November 25, 1996 all diesel-powered equipment used where
permissible electrical equipment is required must be approved under part
36 of this chapter.
(b) Diesel-powered equipment approved under part 36 of this chapter
must be provided with additional safety features in accordance with the
following time schedule:
(1) As of April 25, 1997 the equipment must have a safety component
system that limits surface temperatures to those specified in subpart F
of part 7 of this title;
(2) As of November 25, 1999 the equipment must have an automatic or
manual fire suppression system that meets the requirements of Sec.
75.1911 of this part, and at least one portable multipurpose dry
chemical type (ABC) fire extinguisher, listed or approved by a
nationally recognized independent testing laboratory and having a
10A:60B:C or higher rating. The fire extinguisher must be located within
easy reach of the equipment operator and be protected from damage by
collision.
(3) As of November 25, 1999 the equipment must have a brake system
that meets the requirements of Sec. 75.1909 (b)(6), (b)(7), (b)(8),
(c), (d), and (e);
(4) As of November 25, 1997 a particulate index and dilution air
quantity shall be determined for the equipment in accordance with
subpart E of part 7 of this chapter; and
(5) Permissible diesel-powered equipment manufactured on or after
November 25, 1999 and that is used in an underground coal mine shall
incorporate a power package approved in accordance with part 7, subpart
F of this chapter.
(c) As of November 25, 1999 nonpermissible diesel-powered equipment,
except the special category of equipment under Sec. 75.1908(d), shall
meet the requirements of Sec. Sec. 75.1909 and 75.1910 of this part.

Sec. 75.1908 Nonpermissible diesel-powered equipment; categories.

(a) Heavy-duty diesel-powered equipment includes--
(1) Equipment that cuts or moves rock or coal;
(2) Equipment that performs drilling or bolting functions;
(3) Equipment that moves longwall components;
(4) Self-propelled diesel fuel transportation units and self-
propelled lube units; or

[[Page 692]]

(5) Machines used to transport portable diesel fuel transportation
units or portable lube units.
(b) Light-duty diesel-powered equipment is any diesel-powered
equipment that does not meet the criteria of paragraph (a).
(c) For the purposes of this subpart, the following equipment is
considered attended:
(1) Any machine or device operated by a miner; or
(2) Any machine or device that is mounted in the direct line of
sight of a job site located within 500 feet of such machine or device,
which job site is occupied by a miner.
(d) Diesel-powered ambulances and fire fighting equipment are a
special category of equipment that may be used underground only in
accordance with the mine fire fighting and evacuation plan under Sec.
75.1502.

[61 FR 55527, Oct. 25, 1996; 70 FR 36347, June 23, 2005]

Sec. 75.1909 Nonpermissible diesel-powered equipment;
design and performance requirements.

(a) Nonpermissible diesel-powered equipment, except for the special
category of equipment under Sec. 75.1908(d), must be equipped with the
following features:
(1) An engine approved under subpart E of part 7 of this title
equipped with an air filter sized in accordance with the engine
manufacturer's recommendations, and an air filter service indicator set
in accordance with the engine manufacturer's recommendations;
(2) At least one portable multipurpose dry chemical type (ABC) fire
extinguisher listed or approved by a nationally recognized independent
testing laboratory with a 10A:60B:C or higher rating. The fire
extinguisher must be located within easy reach of the equipment operator
and protected from damage;
(3) A fuel system specifically designed for diesel fuel meeting the
following requirements:
(i) A fuel tank and fuel lines that do not leak;
(ii) A fuel tank that is substantially constructed and protected
against damage by collision;
(iii) A vent opening that maintains atmospheric pressure in the fuel
tank, and that is designed to prevent fuel from splashing out of the
vent opening;
(iv) A self-closing filler cap on the fuel tank;
(v) The fuel tank, filler and vent must be located so that leaks or
spillage during refueling will not contact hot surfaces;
(vi) Fuel line piping must be either steel-wire reinforced;
synthetic elastomer-covered hose suitable for use with diesel fuel that
has been tested and has been determined to be fire-resistant by the
manufacturer; or metal;
(vii) Fuel line piping must be clamped;
(viii) Primary fuel lines must be located so that fuel line leaks do
not contact hot surfaces;
(ix) The fuel lines must be separated from electrical wiring and
protected from damage in ordinary use;
(x) A manual shutoff valve must be installed in the fuel system as
close as practicable to the tank; and
(xi) A water separator and fuel filter(s) must be provided.
(4) A sensor to monitor the temperature and provide a visual warning
of an overheated cylinder head on air-cooled engines;
(5) Guarding to protect fuel, hydraulic, and electric lines when
such lines pass near rotating parts or in the event of shaft failure;
(6) Hydraulic tanks, fillers, vents, and lines located to prevent
spillage or leaks from contacting hot surfaces;
(7) Reflectors or warning lights mounted on the equipment which can
be readily seen in all directions;
(8) A means to direct exhaust gas away from the equipment operator,
persons on board the machine, and combustible machine components;
(9) A means to prevent unintentional free and uncontrolled descent
of personnel-elevating work platforms; and
(10) A means to prevent the spray from ruptured hydraulic or
lubricating oil lines from being ignited by contact with engine exhaust
system component surfaces.
(b) Self-propelled nonpermissible diesel-powered equipment must have
the following features in addition to those in paragraph (a):

[[Page 693]]

(1) A means to ensure that no stored hydraulic energy that will
cause machine articulation is available after the engine is shut down;
(2) A neutral start feature which ensures that engine cranking
torque will not be transmitted through the powertrain and cause machine
movement on vehicles utilizing fluid power transmissions;
(3) For machines with steering wheels, brake pedals, and accelerator
pedals, controls which are of automobile orientation;
(4) An audible warning device conveniently located near the
equipment operator;
(5) Lights provided and maintained on both ends of the equipment.
Equipment normally operated in both directions must be equipped with
headlights for both directions;
(6) Service brakes that act on each wheel of the vehicle and that
are designed such that failure of any single component, except the brake
actuation pedal or other similar actuation device, must not result in a
complete loss of service braking capability;
(7) Service brakes that safely bring the fully loaded vehicle to a
complete stop on the maximum grade on which it is operated; and
(8) No device that traps a column of fluid to hold the brake in the
applied position shall be installed in any brake system, unless the
trapped column of fluid is released when the equipment operator is no
longer in contact with the brake activation device.
(c) Self-propelled nonpermissible heavy-duty diesel-powered
equipment under Sec. 75.1908(a), except rail-mounted equipment, shall
be provided with a supplemental braking system that:
(1) Engages automatically within 5 seconds of the shutdown of the
engine;
(2) Safely brings the equipment when fully loaded to a complete stop
on the maximum grade on which it is operated;
(3) Holds the equipment stationary, despite any contraction of brake
parts, exhaustion of any nonmechanical source of energy, or leakage;
(4) Releases only by a manual control that does not operate any
other equipment function;
(5) Has a means in the equipment operator's compartment to apply the
brakes manually without shutting down the engine, and a means to release
and reengage the brakes without the engine operating; and
(6) Has a means to ensure that the supplemental braking system is
released before the equipment can be trammed, and is designed to ensure
the brake is fully released at all times while the equipment is trammed.
(d) Self-propelled nonpermissible light-duty diesel-powered
equipment under Sec. 75.1908(b), except rail-mounted equipment, must be
provided with a parking brake that holds the fully loaded equipment
stationary on the maximum grade on which it is operated despite any
contraction of the brake parts, exhaustion of any nonmechanical source
of energy, or leakage.
(e) The supplemental and park brake systems required by paragraphs
(c) and (d) must be applied when the equipment operator is not at the
controls of the equipment, except during movement of disabled equipment.
(f) Self-propelled personnel-elevating work platforms must be
provided with a means to ensure that the parking braking system is
released before the equipment can be trammed, and must be designed to
ensure the brake is fully released at all times while the equipment is
trammed.
(g) Any nonpermissible equipment that discharges its exhaust
directly into a return air course must be provided with a power package
approved under subpart F of part 7 of this title.
(h) Self-propelled nonpermissible heavy-duty diesel-powered
equipment meeting the requirements of Sec. 75.1908(a) must be provided
with an automatic fire suppression system meeting the requirements of
Sec. 75.1911.
(i) Self-propelled nonpermissible light-duty diesel-powered
equipment meeting the requirements of Sec. 75.1908(b) must be provided
with an automatic or manual fire suppression system meeting the
requirements of Sec. 75.1911.
(j) Nonpermissible equipment that is not self-propelled must have
the following features in addition to those listed in paragraph (a):

[[Page 694]]

(1) A means to prevent inadvertent movement of the equipment when
parked;
(2) Safety chains or other suitable secondary connections on
equipment that is being towed; and
(3) An automatic fire suppression system meeting the requirements of
Sec. 75.1911.

[61 FR 55527, Oct. 25, 1996; 62 FR 34641, June 27, 1997]

Sec. 75.1910 Nonpermissible diesel-powered equipment; electrical system
design and performance requirements.

Electrical circuits and components associated with or connected to
electrical systems on nonpermissible diesel-powered equipment utilizing
storage batteries and integral charging systems, except for the special
category of equipment under Sec. 75.1908(d), must conform to the
following requirements:
(a) Overload and short circuit protection must be provided for
electric circuits and components in accordance with Sec. Sec. 75.518
and 75.518-1 of this part;
(b) Each electric conductor from the battery to the starting motor
must be protected against short circuit by fuses or other circuit-
interrupting devices placed as near as practicable to the battery
terminals;
(c) Each branch circuit conductor connected to the main circuit
between the battery and charging generator must be protected against
short circuit by fuses or other automatic circuit-interrupting devices;
(d) The electrical system shall be equipped with a circuit-
interrupting device by means of which all power conductors can be
deenergized. The device must be located as close as practicable to the
battery terminals and be designed to operate within its electrical
rating without damage. The device shall not automatically reset after
being actuated. All magnetic circuit-interrupting devices must be
mounted in a manner to preclude their closing by force of gravity;
(e) Each motor and charging generator must be protected by an
automatic overcurrent device. One protective device will be acceptable
when two motors of the same rating operate simultaneously and perform
virtually the same duty;
(f) Each ungrounded conductor must have insulation compatible with
the impressed voltage. Insulation materials must be resistant to
deterioration from engine heat and oil. Electric conductors must meet
the applicable requirements of Sec. Sec. 75.513 and 75.513-1, except
electric conductors for starting motors, which must only meet the
requirements of Sec. 75.513;
(g) All wiring must have adequate mechanical protection to prevent
damage to the cable that might result in short circuits;
(h) Sharp edges and corners must be removed at all points where
there is a possibility of damaging wires, cables, or conduits by cutting
or abrasion. The insulation of the cables within a battery box must be
protected against abrasion;
(i) When insulated wires other than cables pass through metal
frames, the holes must be substantially bushed with insulated bushings.
Cables must enter metal frames of motors, splice boxes, and electric
components only through proper fittings. All electrical connections and
splices must be mechanically and electrically efficient, and suitable
connectors shall be used. All electrical connectors or splices in
insulated wire must be reinsulated at least to the same degree of
protection as the remainder of the wire;
(j) The battery must be secured to prevent movement, and must be
protected from external damage by position. Batteries that are not
protected from external damage by position must be enclosed in a battery
box. Flame-resistant insulation treated to resist chemical reaction to
electrolyte must be provided on battery connections to prevent battery
terminals from contacting conducting surfaces;
(k) A battery box, including the cover, must be constructed of steel
with a minimum thickness of \1/8\ inch, or of a material other than
steel that provides equivalent strength;
(l) Battery-box covers must be lined with a flame-resistant
insulating material permanently attached to the underside of the cover,
unless equivalent protection is provided. Battery-box covers must be
provided with a means

[[Page 695]]

for securing them in closed position. At least \1/2\ inch of air space
must be provided between the underside of the cover and the top of the
battery, including terminals;
(m) Battery boxes must be provided with ventilation openings to
prevent the accumulation of flammable or toxic gases or vapors within
the battery box. The size and locations of openings for ventilation must
prevent direct access to battery terminals;
(n) The battery must be insulated from the battery-box walls and
supported on insulating materials. Insulating materials that may be
subject to chemical reaction with electrolyte must be treated to resist
such action; and
(o) Drainage holes must be provided in the bottom of each battery
box.

Sec. 75.1911 Fire suppression systems for diesel-powered equipment
and fuel transportation units.

(a) The fire suppression system required by Sec. Sec. 75.1907 and
75.1909 shall be a multipurpose dry chemical type (ABC) fire suppression
system listed or approved by a nationally recognized independent testing
laboratory and appropriate for installation on diesel-powered equipment
and fuel transportation units.
(1) The system shall be installed in accordance with the
manufacturer's specifications and the limitations of the listing or
approval.
(2) The system shall be installed in a protected location or guarded
to minimize physical damage from routine vehicle operations.
(3) Suppressant agent distribution tubing or piping shall be secured
and protected against damage, including pinching, crimping, stretching,
abrasion, and corrosion.
(4) Discharge nozzles shall be positioned and aimed for maximum fire
suppression effectiveness. Nozzles shall also be protected against the
entrance of foreign materials such as mud, coal dust, or rock dust.
(b) The fire suppression system shall provide fire suppression and,
if automatic, fire detection for the engine including the starter,
transmission, hydraulic pumps and tanks, fuel tanks, exposed brake
units, air compressors and battery areas on diesel-powered equipment and
electric panels or controls used on fuel transportation units and other
areas as necessary.
(c) If automatic, the fire suppression system shall include audible
and visual alarms to warn of fires or system faults.
(d) The fire suppression system shall provide for automatic engine
shutdown. If the fire suppression system is automatic, engine shutdown
and discharge of suppressant agent may be delayed for a maximum of 15
seconds after the fire is detected by the system.
(e) The fire suppression system shall be operable by at least two
manual actuators. One actuator shall be located on each side of the
equipment. If the equipment is provided with an operator's compartment,
one of the manual actuators shall be located in the compartment within
reach of the operator.
(f) The fire suppression system shall remain operative in the event
of engine shutdown, equipment electrical system failure, or failure of
any other equipment system.
(g) The electrical components of each fire suppression system
installed on equipment used where permissible electric equipment is
required shall be permissible or intrinsically safe and such components
shall be maintained in permissible or intrinsically safe condition.
(h) Electrically operated detection and actuation circuits shall be
monitored and provided with status indicators showing power and circuit
continuity. If the system is not electrically operated, a means shall be
provided to indicate the functional readiness status of the detection
system.
(i) Each fire suppression system shall be tested and maintained in
accordance with the manufacturer's recommended inspection and
maintenance program and as required by the nationally recognized
independent testing laboratory listing or approval, and be visually
inspected at least once each week by a person trained to make such
inspections.
(j) Recordkeeping. Persons performing inspections and tests of fire
suppression systems under paragraph (i) shall record when a fire
suppression system does not meet the installation or maintenance
requirements of this section.

[[Page 696]]

(1) The record shall include the equipment on which the fire
suppression system did not meet the installation or maintenance
requirements of this section, the defect found, and the corrective
action taken.
(2) Records are to be kept manually in a secure manner not
susceptible to alteration or recorded electronically in a secured
computer system that is not susceptible to alteration.
(3) Records shall be maintained at a surface location at the mine
for one year and made available for inspection by an authorized
representative of the Secretary and miners' representatives.
(k) All miners normally assigned to the active workings of the mine
shall be instructed about the hazards inherent to the operation of the
fire suppression systems and, where appropriate, the safeguards
available for each system.
(l) For purposes of Sec. 75.380(f), a fire suppression system
installed on diesel-powered equipment and meeting the requirements of
this section is equivalent to a fire suppression system meeting the
requirements of Sec. Sec. 75.1107-3 through 75.1107-16.

Sec. 75.1912 Fire suppression systems for permanent underground diesel
fuel storage facilities.

(a) The fire suppression system required by Sec. 75.1903 shall be
an automatic multipurpose dry chemical type (ABC) fire suppression
system listed or approved as an engineered dry chemical extinguishing
system by a nationally recognized independent testing laboratory and
appropriate for installation at a permanent underground diesel fuel
storage facility.
(1) Alternate types of fire suppression systems shall be approved in
accordance with Sec. 75.1107-13 of this part.
(2) The system shall be installed in accordance with the
manufacturer's specifications and the limitations of the listing or
approval.
(3) The system shall be installed in a protected location or guarded
to prevent physical damage from routine operations.
(4) Suppressant agent distribution tubing or piping shall be secured
and protected against damage, including pinching, crimping, stretching,
abrasion, and corrosion.
(5) Discharge nozzles shall be positioned and aimed for maximum fire
suppression effectiveness in the protected areas. Nozzles must also be
protected against the entrance of foreign materials such as mud, coal
dust, and rock dust.
(b) The fire suppression system shall provide automatic fire
detection and automatic fire suppression for all areas within the
facility.
(c) Audible and visual alarms to warn of fire or system faults shall
be provided at the protected area and at a surface location which is
continually monitored by a person when personnel are underground. In the
event of a fire, personnel shall be warned in accordance with the
provisions set forth in Sec. 75.1502.
(d) The fire suppression system shall deenergize all power to the
diesel fuel storage facility when actuated except that required for
automatic enclosure and alarms.
(e) Fire suppression systems shall include two manual actuators
located as follows:
(1) At least one within the fuel storage facility; and
(2) At least one a safe distance away from the storage facility and
located in intake air, upwind of the storage facility.
(f) The fire suppression system shall remain operational in the
event of electrical system failure.
(g) Electrically operated detection and actuation circuits shall be
monitored and provided with status indicators showing power and circuit
continuity. If the system is not electrically operated, a means shall be
provided to indicate the functional readiness status of the detection
system.
(h) Each fire suppression system shall be tested and maintained in
accordance with the manufacturer's recommended inspection and
maintenance program and as required by the nationally recognized
independent testing laboratory listing or approval, and be visually
inspected at least once each week by a person trained to make such
inspections.

[[Page 697]]

(i) Recordkeeping. Persons performing inspections and tests of fire
suppression systems under paragraph (h) shall record when a fire
suppression system does not meet the installation or maintenance
requirements of this section.
(1) The record shall include the facility whose fire suppression
system did not meet the installation or maintenance requirements of this
section, the defect found, and the corrective action taken.
(2) Records are to be kept manually in a secure manner not
susceptible to alteration or recorded electronically in a secured
computer system that is not susceptible to alteration.
(3) Records shall be maintained at a surface location at the mine
for one year and made available for inspection by an authorized
representative of the Secretary and miners' representatives.
(j) All miners normally assigned to the active workings of the mine
shall be instructed about the hazards inherent to the operation of the
fire suppression systems and, where appropriate, the safeguards
available for each system.

[61 FR 55527, Oct. 25, 1996; 70 FR 36347, June 23, 2005]

Sec. 75.1913 Starting aids.

(a) Volatile fuel starting aids shall be used in accordance with
recommendations provided by the starting aid manufacturer, the engine
manufacturer, and the machine manufacturer.
(b) Containers of volatile fuel starting aids shall be conspicuously
marked to indicate the contents. When not in use, containers of volatile
fuel starting aids shall be stored in metal enclosures that are used
only for storage of starting aids. Such metal enclosures must be
conspicuously marked, secured, and protected from damage.
(c) Volatile fuel starting aids shall not be:
(1) Taken into or used in areas where permissible equipment is
required;
(2) Used in the presence of open flames or burning flame safety
lamps, or when welding or cutting is taking place; or
(3) Used in any area where 1.0 percent or greater concentration of
methane is present.
(d) Compressed oxygen or compressed flammable gases shall not be
connected to diesel air-start systems.

Sec. 75.1914 Maintenance of diesel-powered equipment.

(a) Diesel-powered equipment shall be maintained in approved and
safe condition or removed from service.
(b) Maintenance and repairs of approved features and those features
required by Sec. Sec. 75.1909 and 75.1910 on diesel-powered equipment
shall be made only by a person qualified under Sec. 75.1915.
(c) The water scrubber system on diesel-powered equipment shall be
drained and flushed, by a person who is trained to perform this task, at
least once on each shift in which the equipment is operated.
(d) The intake air filter on diesel-powered equipment shall be
replaced or serviced, by a person who is trained to perform this task,
when the intake air pressure drop device so indicates or when the engine
manufacturer's maximum allowable air pressure drop level is exceeded.
(e) Mobile diesel-powered equipment that is to be used during a
shift shall be visually examined by the equipment operator before being
placed in operation. Equipment defects affecting safety shall be
reported promptly to the mine operator.
(f) All diesel-powered equipment shall be examined and tested weekly
by a person qualified under Sec. 75.1915.
(1) Examinations and tests shall be conducted in accordance with
approved checklists and manufacturers' maintenance manuals.
(2) Persons performing weekly examinations and tests of diesel-
powered equipment under this paragraph shall make a record when the
equipment is not in approved or safe condition. The record shall include
the equipment that is not in approved or safe condition, the defect
found, and the corrective action taken.
(g) Undiluted exhaust emissions of diesel engines in diesel-powered
equipment approved under part 36 and heavy-duty nonpermissible diesel-
powered equipment as defined in Sec. 75.1908(a) in use in underground
coal mines shall be tested and evaluated weekly by a person who is
trained to perform this

[[Page 698]]

task. The mine operator shall develop and implement written standard
operating procedures for such testing and evaluation that specify the
following:
(1) The method of achieving a repeatable loaded engine operating
condition for each type of equipment;
(2) Sampling and analytical methods (including calibration of
instrumentation) that are capable of accurately detecting carbon
monoxide in the expected concentrations;
(3) The method of evaluation and interpretation of the results;
(4) The concentration or changes in concentration of carbon monoxide
that will indicate a change in engine performance. Carbon monoxide
concentration shall not exceed 2500 parts per million; and
(5) The maintenance of records necessary to track engine
performance.
(h) Recordkeeping. Records required by paragraphs (f)(2) and (g)(5)
shall be--
(1) Recorded in a secure book that is not susceptible to alteration,
or recorded electronically in a computer system that is secure and not
susceptible to alteration; and
(2) Retained at a surface location at the mine for at least 1 year
and made available for inspection by an authorized representative of the
Secretary and by miners' representatives.
(i) Diesel-powered equipment must be maintained in accordance with
this part as of November 25, 1997.

Sec. 75.1915 Training and qualification of persons working on
diesel-powered equipment.

(a) To be qualified to perform maintenance, repairs, examinations
and tests on diesel-powered equipment, as required by Sec. 75.1914, a
person must successfully complete a training and qualification program
that meets the requirements of this section. A person qualified to
perform these tasks shall be retrained as necessary to maintain the
ability to perform all assigned diesel-powered equipment maintenance,
repairs, examinations and tests.
(b) A training and qualification program under this section must:
(1) Be presented by a competent instructor;
(2) Be sufficient to prepare or update a person's ability to perform
all assigned tasks with respect to diesel-powered equipment maintenance,
repairs, examinations and tests;
(3) Address, at a minimum, the following:
(i) The requirements of subpart T of this part;
(ii) Use of appropriate power package or machine checklists to
conduct tests to ensure that diesel-powered equipment is in approved and
safe condition, with acceptable emission levels;
(iii) Proper maintenance of approved features and the correct use of
the appropriate maintenance manuals, including machine adjustments,
service, and assembly;
(iv) Diesel-powered equipment fire suppression system tests and
maintenance;
(v) Fire and ignition sources and their control or elimination,
including cleaning of the equipment;
(vi) Safe fueling procedures and maintenance of the fuel system of
the equipment; and
(vii) Intake air system maintenance and tests.
(4) Include an examination that requires demonstration of the
ability to perform all assigned tasks with respect to diesel-powered
equipment maintenance, repairs, examinations and tests; and
(5) Be in writing. The written program shall include a description
of the course content, materials, and teaching methods for initial
training and retraining.
(c) Recordkeeping. The operator shall maintain a copy of the
training and qualification program required by this section and a record
of the names of all persons qualified under the program.
(1) The record of the names of qualified persons shall be made in a
manner that is not susceptible to alteration, or recorded electronically
in a computer system that is secure and not susceptible to alteration.
(2) The training and qualification program and record of qualified
persons are to be kept at surface location of the mine and made
available for inspection by an authorized representative of the
Secretary and by miners' representatives.

[[Page 699]]

Sec. 75.1916 Operation of diesel-powered equipment.

(a) Diesel-powered equipment shall be operated at a speed that is
consistent with the type of equipment being operated, roadway
conditions, grades, clearances, visibility, and other traffic.
(b) Operators of mobile diesel-powered equipment shall maintain full
control of the equipment while it is in motion.
(c) Standardized traffic rules, including speed limits, signals and
warning signs, shall be established at each mine and followed.
(d) Except as required in normal mining operations, mobile diesel-
powered equipment shall not be idled.
(e) Diesel-powered equipment shall not be operated unattended.

PART 77_MANDATORY SAFETY STANDARDS, SURFACE COAL MINES AND SURFACE WORK AREAS
OF UNDERGROUND COAL MINES--Table of Contents

Subpart A_General

Sec.
77.1 Scope.
77.2 Definitions.

Subpart B_Qualified and Certified Persons

77.100 Certified person.
77.101 Tests for methane and for oxygen deficiency; qualified person.
77.102 Tests for methane; oxygen deficiency; qualified person,
additional requirement.
77.103 Electrical work; qualified person.
77.104 Repair of energized surface high voltage lines; qualified person.
77.105 Qualified hoistman; slope or shaft sinking operation;
qualifications.
77.106 Records of certified and qualified persons.
77.107 Training programs.
77.107-1 Plans for training programs.

Subpart C_Surface Installations

77.200 Surface installations; general.
77.201 Methane content in surface installations.
77.201-1 Tests for methane; qualified person; use of approved device.
77.201-2 Methane accumulations; change in ventilation.
77.202 Dust accumulations in surface installations.
77.203 Use of material or equipment overhead; safeguards.
77.204 Openings in surface installations; safeguards.
77.205 Travelways at surface installations.
77.206 Ladders; construction; installation and maintenance.
77.207 Illumination.
77.208 Storage of materials.
77.209 Surge and storage piles.
77.210 Hoisting of materials.
77.211 Draw-off tunnels; stockpiling and reclaiming operations; general.
77.211-1 Continuous methane monitoring device; installation and
operation; automatic deenergization of electric equipment.
77.212 Draw-off tunnel ventilation fans; installation.
77.213 Draw-off tunnel escapeways.
77.214 Refuse piles; general.
77.215 Refuse piles, construction requirements.
77.215-1 Refuse piles; identification.
77.215-2 Refuse piles; reporting requirements.
77.215-3 Refuse piles; certification.
77.215-4 Refuse piles; abandonment.
77.216 Water, sediment, or slurry impoundments and impounding
structures; general.
77.216-1 Water, sediment or slurry impoundments and impounding
structures; identification.
77.216-2 Water, sediment, or slurry impoundments and impounding
structures; minimum plan requirements; changes or
modifications; certification.
77.216-3 Water, sediment, or slurry impoundments and impounding
structures; inspection requirements; correction of hazards;
program requirements.
77.216-4 Water, sediment or slurry impoundments and impounding
structures; reporting requirements; certification.
77.216-5 Water, sediment or slurry impoundments and impounding
structures; abandonment.
77.217 Definitions.

Subpart D_Thermal Dryers

77.300 Thermal dryers; general.
77.301 Dryer heating units; operation.
77.302 Bypass stacks.
77.303 Hot gas inlet chamber dropout doors.
77.304 Explosion release vents.
77.305 Access to drying chambers, hot gas inlet chambers and ductwork;
installation and maintenance.
77.306 Fire protection.
77.307 Thermal dryers; location and installation; general.
77.308 Structures housing other facilities; use of partitions.
77.309 Visual check of system equipment.
77.309-1 Control stations; location.

[[Page 700]]

77.310 Control panels.
77.311 Alarm devices.
77.312 Fail safe monitoring systems.
77.313 Wet-coal feedbins; low-level indicators.
77.314 Automatic temperature control instruments.
77.315 Thermal dryers; examination and inspection.

Subpart E_Safeguards for Mechanical Equipment

77.400 Mechanical equipment guards.
77.401 Stationary grinding machines; protective devices.
77.402 Hand-held power tools; safety devices.
77.403 Mobile equipment; falling object protective structures (FOPS).
77.403-1 Mobile equipment; rollover protective structures (ROPS).
77.403-2 Incorporation by reference.
77.404 Machinery and equipment; operation and maintenance.
77.405 Performing work from a raised position; safeguards.
77.406 Drive belts.
77.407 Power driven pulleys.
77.408 Welding operations.
77.409 Shovels, draglines, and tractors.
77.410 Mobile equipment; automatic warning devices.
77.411 Compressed air and boilers; general.
77.412 Compressed air systems.
77.413 Boilers.

Subpart F_Electrical Equipment_General

77.500 Electric power circuits and electric equipment; deenergization.
77.501 Electric distribution circuits and equipment; repair.
77.501-1 Qualified person.
77.502 Electric equipment; examination, testing, and maintenance.
77.502-1 Qualified person.
77.502-2 Electric equipment; frequency of examination and testing.
77.503 Electric conductors; capacity and insulation.
77.503-1 Electric conductors.
77.504 Electrical connections or splices; suitability.
77.505 Cable fittings; suitability.
77.506 Electric equipment and circuits; overload and short-circuit
protection.
77.506-1 Electric equipment and circuits; overload and short circuit
protection; minimum requirements.
77.507 Electric equipment; switches.
77.508 Lightning arresters, ungrounded and exposed power conductors and
telephone wires.
77.508-1 Lightning arresters; wires entering buildings.
77.509 Transformers; installation and guarding.
77.510 Resistors; location and guarding.
77.511 Danger signs at electrical installations.
77.512 Inspection and cover plates.
77.513 Insulating mats at power switches.
77.514 Switchboard; passageways and clearance.
77.515 Bare signal or control wires; voltage.
77.516 Electric wiring and equipment; installation and maintenance.

Subpart G_Trailing Cables

77.600 Trailing cables; short-circuit protection; disconnecting devices.
77.601 Trailing cables or portable cables; temporary splices.
77.602 Permanent splicing of trailing cables.
77.603 Clamping of trailing cables to equipment.
77.604 Protection of trailing cables.
77.605 Breaking trailing cable and power cable connections.
77.606 Energized trailing cables; handling.
77.606-1 Rubber gloves; minimum requirements.

Subpart H_Grounding

77.700 Grounding metallic sheaths, armors, and conduits enclosing power
conductors.
77.700-1 Approved methods of grounding.
77.701 Grounding metallic frames, casings, and other enclosures of
electric equipment.
77.701-1 Approved methods of grounding of equipment receiving power from
ungrounded alternating current power systems.
77.701-2 Approved methods of grounding metallic frames, casings and
other enclosures of electric equipment receiving power from a
direct-current power system.
77.701-3 Grounding wires; capacity.
77.701-4 Use of grounding connectors.
77.702 Protection other than grounding.
77.703 Grounding frames of stationary high-voltage equipment receiving
power from ungrounded delta systems.
77.703-1 Approved methods of grounding.
77.704 Work on high-voltage lines; deenergizing and grounding.
77.704-1 Work on high-voltage lines.
77.704-2 Repairs to energized high-voltage lines.
77.704-3 Work on energized high-voltage surface lines; reporting.
77.704-4 Simultaneous repairs.
77.704-5 Installation of protective equipment.
77.704-6 Protective clothing; use and inspection.
77.704-7 Protective equipment; inspection.
77.704-8 Protective equipment; testing and storage.
77.704-9 Operating disconnecting or cutout switches.

[[Page 701]]

77.704-10 Tying into energized high-voltage surface circuits.
77.704-11 Use of grounded messenger wires; ungrounded systems.
77.705 Guy wires; grounding.

Subpart I_Surface High-Voltage Distribution

77.800 High-voltage circuits; circuit breakers.
77.800-1 Testing, examination, and maintenance of circuit breakers;
procedures.
77.800-2 Testing, examination, and maintenance of circuit breakers;
record.
77.801 Grounding resistors.
77.801-1 Grounding resistors; continuous current rating.
77.802 Protection of high-voltage circuits; neutral grounding resistors;
disconnecting devices.
77.803 Fail safe ground check circuits on high-voltage resistance
grounded systems.
77.803-1 Fail safe ground check circuits; maximum voltage.
77.803-2 Ground check systems not employing pilot check wires; approval
by the Secretary.
77.804 High-voltage trailing cables; minimum design requirements.
77.805 Cable couplers and connection boxes; minimum design requirements.
77.806 Connection of single-phase loads.
77.807 Installation of high-voltage transmission cables.
77.807-1 High-voltage powerlines; clearances above ground.
77.807-2 Booms and masts; minimum distance from high-voltage lines.
77.807-3 Movement of equipment; minimum distance from high-voltage
lines.
77.808 Disconnecting devices.
77.809 Identification of circuit breakers and disconnecting switches.
77.810 High-voltage equipment; grounding.
77.811 Movement of portable substations and transformers.

Subpart J_Low- and Medium-Voltage Alternating Current Circuits

77.900 Low- and medium-voltage circuits serving portable or mobile
three-phase alternating current equipment; circuit breakers.
77.900-1 Testing, examination, and maintenance of circuit breakers;
procedures.
77.900-2 Testing, examination, and maintenance of circuit breakers;
record.
77.901 Protection of low- and medium-voltage three-phase circuits.
77.901-1 Grounding resistor; continuous current rating.
77.902 Low- and medium-voltage ground check monitor circuits.
77.902-1 Fail safe ground check circuits; maximum voltage.
77.902-2 Approved ground check systems not employing pilot check wires.
77.902-3 Attachment of ground conductors and ground check wires to
equipment frames; use of separate connections.
77.903 Disconnecting devices.
77.904 Identification of circuit breakers.
77.905 Connection of single-phase loads.
77.906 Trailing cables supplying power to low-voltage mobile equipment;
ground wires and ground check wires.

Subpart K_Ground Control

77.1000 Highwalls, pits, and spoil banks; plans.
77.1000-1 Filing of plan.
77.1001 Stripping; loose material.
77.1002 Box cuts; spoil material placement.
77.1003 Benches.
77.1004 Ground control; inspection and maintenance; general.
77.1005 Scaling highwalls; general.
77.1006 Highwalls; men working.
77.1007 Drilling; general.
77.1008 Relocation of drills; safeguards.
77.1009 Drill; operation.
77.1010 Collaring holes.
77.1011 Drill holes; guarding.
77.1012 Jackhammers; operation; safeguards.
77.1013 Air drills; safeguards.

Subpart L_Fire Protection

77.1100 Fire protection; training and organization.
77.1101 Escape and evacuation; plan.
77.1102 Warning signs; smoking and open flame.
77.1103 Flammable liquids; storage.
77.1104 Accumulations of combustible materials.
77.1105 Internal combustion engines; fueling.
77.1106 Battery-charging stations; ventilation.
77.1107 Belt conveyors.
77.1108 Firefighting equipment; requirements; general.
77.1108-1 Type and capacity of firefighting equipment.
77.1109 Quantity and location of firefighting equipment.
77.1110 Examination and maintenance of firefighting equipment.
77.1111 Welding, cutting, soldering; use of fire extinguisher.
77.1112 Welding, cutting, soldering with arc or flame; safeguards.

Subpart M_Maps

77.1200 Mine map.
77.1201 Certification of mine maps.
77.1202 Availability of mine map.

[[Page 702]]

Subpart N_Explosives and Blasting

77.1300 Explosives and blasting.
77.1301 Explosives; magazines.
77.1302 Vehicles used to transport explosives.
77.1303 Explosives; handling and use.
77.1304 Blasting agents; special provisions.

Subpart O_Personnel Hoisting

77.1400 Personnel hoists and elevators.
77.1401 Automatic controls and brakes.
77.1402 Rated capacity.
77.1402-1 Maximum load; posting.
77.1403 Daily examination of hoisting equipment.
77.1404 Certifications and records of daily examinations.
77.1405 Operation of hoisting equipment after repairs.

Wire Ropes

77.1430 Wire ropes; scope.
77.1431 Minimum rope strength.
77.1432 Initial measurement.
77.1433 Examinations.
77.1434 Retirement criteria.
77.1435 Load end attachments.
77.1436 Drum end attachment.
77.1437 End attachment retermination.
77.1438 End attachment replacement.

Subpart P_Auger Mining

77.1500 Auger mining; planning.
77.1501 Auger mining; inspections.
77.1502 Auger holes; restriction against entering.
77.1503 Augering equipment; overhead protection.
77.1504 Auger equipment; operation.
77.1505 Auger holes; blocking.

Subpart Q_Loading and Haulage

77.1600 Loading and haulage; general.
77.1601 Transportation of persons; restrictions.
77.1602 Use of aerial tramways to transport persons.
77.1603 Trains and locomotives; authorized persons.
77.1604 Transportation of persons; overcrowding.
77.1605 Loading and haulage equipment; installations.
77.1606 Loading and haulage equipment; inspection and maintenance.
77.1607 Loading and haulage equipment; operation.
77.1608 Dumping facilities.

Subpart R_Miscellaneous

77.1700 Communications in work areas.
77.1701 Emergency communications; requirements.
77.1702 Arrangements for emergency medical assistance and transportation
for injured persons; reporting requirements; posting
requirements.
77.1703 First-Aid training; supervisory employees.
77.1704 First aid training program; availability of instruction to all
miners.
77.1705 First aid training program; retraining of supervisory employees;
availability to all miners.
77.1706 First aid training program; minimum requirements.
77.1707 First aid equipment; location; minimum requirements.
77.1708 Safety program, instruction of persons employed at the mine.
77.1710 Protective clothing; requirements.
77.1710-1 Distinctively colored hard hats or hard caps; identification
for newly employed, inexperienced miners.
77.1711 Smoking prohibition.
77.1712 Reopening mines; notification; inspection prior to mining.
77.1713 Daily inspection of surface coal mine; certified person; reports
of inspection.

Subpart S_Trolley Wires and Trolley Feeder Wires

77.1800 Cutout switches.
77.1801 Overcurrent protection.
77.1801-1 Devices for overcurrent protection.
77.1802 Insulation of trolley wires, trolley feeder wires and bare
signal wires; guarding of trolley wires and trolley feeder
wires.

Subpart T_Slope and Shaft Sinking

77.1900 Slopes and shafts; approval of plans.
77.1900-1 Compliance with approved slope and shaft sinking plans.
77.1901 Preshift and onshift inspections; reports.
77.1901-1 Methane and oxygen deficiency tests; approved devices.
77.1902 Drilling and mucking operations.
77.1902-1 Permissible diesel-powered equipment.
77.1903 Hoists and hoisting; minimum requirements.
77.1904 Communications between slope and shaft bottoms and hoist
operators.
77.1905 Hoist safeguards; general.
77.1906 Hoists; daily inspection.
77.1907 Hoist construction; general.
77.1908 Hoist installations; use.
77.1908-1 Hoist operation; qualified hoistman.
77.1909 Explosives and blasting; use of permissible explosives and shot-
firing units.
77.1909-1 Use of nonpermissible explosives and nonpermissible shot-
firing units; approval by Health and Safety District Manager.

[[Page 703]]

77.1910 Explosives and blasting; general.
77.1911 Ventilation of slopes and shafts.
77.1912 Ladders and stairways.
77.1913 Fire-resistant wood.
77.1914 Electrical equipment.
77.1915 Storage and handling of combustible materials.
77.1916 Welding, cutting, and soldering; fire protection.

Subpart U--Approved Books and Records [Reserved]

Subpart V_Safety Program for Surface Mobile Equipment

77.2100 Purpose and scope.
77.2101 Definitions.
77.2102 Written safety program.
77.2103 Requirements for written safety program.
77.2104 Record and inspection.

Authority: 30 U.S.C. 811.

Source: 36 FR 9364, May 22, 1971, unless otherwise noted.

Subpart A_General

Sec. 77.1 Scope.

This part 77 sets forth mandatory safety standards for bituminous,
anthracite, and lignite surface coal mines, including open pit and auger
mines, and to the surface work areas of underground coal mines, pursuant
to section 101(i) of the Federal Mine Safety and Health Act of 1977.

[36 FR 9364, May 22, 1971, as amended at 43 FR 12320, Mar. 24, 1978]

Sec. 77.2 Definitions.

For the purpose of this part 77, the term:
(a) Active workings means any place in a coal mine where miners are
normally required to work or travel;
(b) American Table of Distances means the current edition of ``The
American Table of Distances for Storage of Explosives'' published by the
Institute of Makers of Explosives;
(c) Barricaded means to obstruct passage of persons, vehicles, or
flying materials;
(d) Berm means a pile or mound of material capable of restraining a
vehicle;
(e) Blasting agent means any material consisting of a mixture of a
fuel and oxidizer which--
(1) Is used or intended for use in blasting;
(2) Is not classed as an explosive by the Department of
Transportation;
(3) Contains no ingredient classed as an explosive by the Department
of Transportation; and,
(4) Cannot be detonated by a No. 8 blasting cap when tested as
recommended in Bureau of Mines Information Circular 8179.
(f) Blasting area means the area near blasting operations in which
concussion or flying material can reasonably be expected to cause
injury.
(g) Blasting cap means a detonator containing a charge of detonating
compound, which is ignited by electric current, or the spark of a fuse.
Used for detonating explosives.
(h) Blasting circuit means electric circuits used to fire electric
detonators or to ignite an igniter cord by means of an electric starter.
(i) Blasting switch means a switch used to connect a power source to
a blasting circuit.
(j) Box-type magazine means a small, portable magazine used to store
limited quantities of explosives or detonators for short periods of time
in locations at the mine which are convenient to the blasting sites at
which they will be used.
(k) Capped fuse means a length of safety fuse to which a detonator
has been attached.
(l) Capped primer means a package or cartridge of explosives which
is specifically designed to transmit detonation to other explosives and
which contains a detonator.
(m) Certified or registered, as applied to any person means a person
certified or registered by the State in which the coal mine is located
to perform duties prescribed by this Part 77, except that, in a State
where no program of certification or registration is provided or where
the program does not meet at least minimum Federal standards established
by the Secretary, such certification or registration shall be by the
Secretary.
(n) Detonating cord or detonating fuse means a flexible cord
containing a core of high explosive.
(o) Detonator means a device containing a small detonating charge
that

[[Page 704]]

is used for detonating an explosive, including, but not limited to
blasting caps, exploders, electric detonators, and delay electric
blasting caps.
(p) Electrical grounding means to connect with the ground to make
the earth part of the circuit.
(q) Explosive means any chemical compound, mixture, or device, the
primary or common purpose of which is to function by explosion.
Explosives include, but are not limited to black powder, dynamite,
nitroglycerin, fulminate, ammonium nitrate when mixed with a
hydrocarbon, and other blasting agents.
(r) Flash point means the minimum temperature at which sufficient
vapor is released by a liquid or solid to form a flammable vapor-air
mixture at atmospheric pressure.
(s) Low voltage means up to and including 660 volts, medium voltage
means voltages from 661 to 1,000 volts, and high voltage means more than
1,000 volts.
(t) Misfire means the complete or partial failure of a blasting
charge to explode as planned.
(u) Primer or Booster means a package or cartridge of explosive
which is designed specifically to transmit detonation to other
explosives and which does not contain a detonator.
(v) Qualified person means, as the context requires, (1) An
individual deemed qualified by the Secretary and designated by the
operator to make tests and examinations required by this Part 77; and,
(2) An individual deemed, in accordance with the minimum
requirements to be established by the Secretary, qualified by training,
education, and experience, to perform electrical work, to maintain
electrical equipment, and to conduct examinations and make tests of all
electrical equipment.
(w) Roll protection means a framework, safety canopy, or similar
protection for the operator when equipment overturns.
(x) Safety can means an approved container, of not over 5 gallons
capacity, having a spring-closing lid and spout cover.
(y) Safety fuse means a train of powder enclosed in cotton, jute
yarn, and waterproofing compounds, which burns at a uniform rate; used
for firing a cap containing the detonating compound which in turn sets
off the explosive charge.
(z) Safety switch means a sectionalizing switch that also provides
shunt protection in blasting circuits between the blasting switch and
the shot area.
(aa) Secretary means the Secretary of Labor or his delegate.

[36 FR 9364, May 22, 1971, as amended at 43 FR 12320, Mar. 24, 1978]

Subpart B_Qualified and Certified Persons

Sec. 77.100 Certified person.

(a)(1) The provisions of this Part 77 require that certain
examinations and tests be made by a certified person. A certified person
within the meaning of these provisions is a person who has been
certified in accordance with the provisions of paragraph (b) of this
Sec. 77.100 to perform the duties, and make the examinations and tests
which are required by this Part 77 to be performed by a certified
person.
(2) A person who has been so certified shall also be considered to
be a qualified person within the meaning of those provisions of this
Part 77 which require that certain examinations, tests and duties be
performed by a qualified person, except those provisions in Subparts F,
G, H, I, and J of this part relating to performance of electrical work.
(b) Pending issuance of Federal standards, a person will be
considered, to the extent of the certification, a certified person to
make examinations, tests and perform duties which are required by this
Part 77 to be performed by a certified person:
(1) If he has been certified for such purpose by the State in which
the coal mine is located; or
(2) If this person has been certified for such purpose by the
Secretary. A person's initial certification is valid for as long as the
person continues to satisfy the requirements necessary to obtain the
certification and is employed at the same coal mine or by the same
independent contractor. The mine operator or independent contractor
shall make an application

[[Page 705]]

which satisfactorily shows that each such person has had at least 2
years experience at a coal mine or equivalent experience, and that each
such person demonstrates to the satisfaction of an authorized
representative of the Secretary that such person is able and competent
to test for oxygen deficiency with a permissible flame safety lamp, or
any other device approved by the Secretary and to test for methane with
a portable methane detector approved by the Bureau of Mines, MESA, or
MSHA, under Part 22 of this Chapter (Bureau of Mines Schedule 8C), and
to perform such other duties for which application for certification is
made. Applications for certification by the Secretary should be
submitted in writing to the Mine Safety and Health Administration,
Certification and Qualification Center, P.O. Box 25367, Denver Federal
Center, Denver, Colorado 80225.

[36 FR 9364, May 22, 1971, as amended at 43 FR 12320, Mar. 24, 1978; 54
FR 30515, July 20, 1989]

Sec. 77.101 Tests for methane and for oxygen deficiency; qualified person.

(a) The provisions of Subparts C, P, R, and T of this Part 77
require that tests for methane and for oxygen deficiency be made by a
qualified person. A person is a qualified person for these purposes if
he is a certified person for such purposes under Sec. 77.100.
(b) Pending issuance of Federal standards, a person will be
considered a qualified person for testing for methane and oxygen
deficiency:
(1) If he has been qualified for this purpose by the State in which
the coal mine is located; or
(2) If he has been qualified by the Secretary for these purposes
upon a satisfactory showing by the operator of the coal mine that each
such person has been trained and designated by the operator to test for
methane and oxygen deficiency. Applications for Secretarial
qualification should be submitted in writing to the Mine Safety and
Health Administration, Certification and Qualification Center, P.O. Box
25367, Denver Federal Center, Denver, Colo. 80225

[36 FR 9364, May 22, 1971, as amended at 43 FR 12320, Mar. 24, 1978]

Sec. 77.102 Tests for methane; oxygen deficiency; qualified person,
additional requirement.

Notwithstanding the provisions of Sec. 77.101, on and after
December 30, 1971, no person shall be a qualified person for testing for
methane and oxygen deficiency unless he has demonstrated to the
satisfaction of an authorized representative of the Secretary that he is
able and competent to make such tests and the Mine Safety and Health
Administration has issued him a current card which qualifies him to make
such tests.

Sec. 77.103 Electrical work; qualified person.

(a) Except as provided in paragraph (f) of this section, an
individual is a qualified person within the meaning of Subparts F, G, H,
I, and J of this Part 77 to perform electrical work (other than work on
energized surface high-voltage lines) if:
(1) He has been qualified as a coal mine electrician by a State that
has a coal mine electrical qualification program approved by the
Secretary; or,
(2) He has at least 1 year of experience in performing electrical
work underground in a coal mine, in the surface work areas of an
underground coal mine, in a surface coal mine, in a noncoal mine, in the
mine equipment manufacturing industry, or in any other industry using or
manufacturing similar equipment, and has satisfactorily completed a coal
mine electrical training program approved by the Secretary; or,
(3) He has at least 1 year of experience, prior to the date of the
application required by paragraph (c) of this section, in performing
electrical work underground in a coal mine, in the surface work areas of
an underground coal mine, in a surface coal mine, in a noncoal mine, in
the mine equipment manufacturing industry, or in any other industry
using or manufacturing similar equipment, and he attains a satisfactory
grade on each of the series of five written tests approved by the
Secretary as prescribed in paragraph (b) of this section.
(b) The series of five written tests approved by the Secretary shall
include the following categories:

[[Page 706]]

(1) Direct current theory and application;
(2) Alternating current theory and application;
(3) Electric equipment and circuits;
(4) Permissibility of electric equipment; and,
(5) Requirements of Subparts F through J and S of this Part 77.
(c) In order to take the series of five written tests approved by
the Secretary, an individual shall apply to the District Manager and
shall certify that he meets the requirements of paragraph (a)(3) of this
section. The tests will be administered in the Coal Mine Safety and
Health Districts at regular intervals, or as demand requires.
(d) A score of at least 80 percent on each of the five written tests
will be deemed to be a satisfactory grade. Recognition shall be given to
practical experience in that 1 percentage point shall be added to an
individual's score in each test for each additional year of experience
beyond the 1 year requirement specified in paragraph (a)(3) of this
section; however, in no case shall an individual be given more than 5
percentage points for such practical experience.
(e) An individual may, within 30 days from the date on which he
received notification from the Administration of his test scores, repeat
those on which he received an unsatisfactory score. If further retesting
is necessary after his initial repetition, a minimum of 30 days from the
date of receipt of notification of the initial retest scores shall
elapse prior to such further retesting.
(f) An individual who has, prior to November 1, 1972, been qualified
to perform electrical work specified in Subparts F, G, H, I, and J of
this Part 77 (other than work on energized surface high-voltage lines)
shall continue to be qualified until June 30, 1973. To remain qualified
after June 30, 1973, such individual shall meet the requirements of
either paragraph (a) (1), (2), or (3) of this section.
(g) An individual qualified in accordance with this section shall,
in order to retain qualification, certify annually to the District
Manager, that he has satisfactorily completed a coal mine electrical
retraining program approved by the Secretary.

01(a), Federal Coal Mine Health and Safety Act of 1969; 30 U.S.C.
811(a); 83 Stat. 745)

[37 FR 22377, Oct. 19, 1972; 37 FR 28163, Dec. 21, 1972, as amended at
44 FR 9380, Feb. 13, 1979; 47 FR 23641, May 28, 1982]

Sec. 77.104 Repair of energized surface high-voltage lines; qualified person.

An individual is a qualified person within the meaning of Sec.
77.704 of this part for the purpose of repairing energized surface high-
voltage lines only if he has had at least 2 years experience in
electrical maintenance, and at least 2 years experience in the repair of
energized high-voltage lines located on poles or structures.

[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971]

Sec. 77.105 Qualified hoistman; slope or shaft sinking operation;
qualifications.

(a)(1) A person is a qualified hoistman within the provisions of
Subpart T of this part, for the purpose of operating a hoist at a slope
or shaft sinking operation if he has at least 1 year experience
operating a hoist plant or maintaining hoist equipment and is qualified
by any State as a hoistman or its equivalency, or
(2) If a State has no program for qualifying persons as hoistmen,
the Secretary may qualify persons if the operator of the slope or shaft-
sinking operation makes an application and a satisfactory showing that
the person has had 1 year of experience operating hoists. A person's
qualification is valid for as long as the person continues to satisfy
the requirements for qualification and is employed at the same coal mine
or by the same independent contractor.
(b) Applications for Secretarial qualification should be submitted
to the Mine Safety and Health Administration, Certification and
Qualification Center, P.O. Box 25367, Denver Federal Center, Denver,
Colo. 80225.

[36 FR 9364, May 22, 1971, as amended at 43 FR 12320, Mar. 24, 1978; 54
FR 30515, July 20, 1989]

[[Page 707]]

Sec. 77.106 Records of certified and qualified persons.

The operator of each coal mine shall maintain a list of all
certified and qualified persons designated to perform duties under this
Part 77.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[36 FR 9364, May 22, 1971, as amended at 60 FR 33723, June 29, 1995]

Sec. 77.107 Training programs.

Every operator of a coal mine shall provide a program, approved by
the Secretary, of training and retraining both qualified and certified
persons needed to carry out functions prescribed in the Act.

Sec. 77.107-1 Plans for training programs.

Each operator must submit to the district manager, of the Coal Mine
Safety and Health District in which the mine is located, a program or
plan setting forth what, when, how, and where the operator will train
and retrain persons whose work assignments require that they be
certified or qualified. The program must provide--
(a) For certified persons, annual training courses in the tasks and
duties which they perform as certified persons, first aid, and the
provisions of this part 77; and
(b) For qualified persons, annual courses in performance of the
tasks which they perform as qualified persons.

[63 FR 53761, Oct. 6, 1998]

Subpart C_Surface Installations

Sec. 77.200 Surface installations; general.

All mine structures, enclosures, or other facilities (including
custom coal preparation) shall be maintained in good repair to prevent
accidents and injuries to employees.

Sec. 77.201 Methane content in surface installations.

The methane content in the air of any structure, enclosure or other
facility shall be less than 1.0 volume per centum.

Sec. 77.201-1 Tests for methane; qualified person; use of approved device.

Tests for methane in structures, enclosures, or other facilities, in
which coal is handled or stored shall be conducted by a qualified person
with a device approved by the Secretary at least once during each
operating shift, and immediately prior to any repair work in which
welding or an open flame is used, or a spark may be produced.

Sec. 77.201-2 Methane accumulations; change in ventilation.

If, at any time, the air in any structure, enclosure or other
facility contains 1.0 volume per centum or more of methane changes or
adjustments in the ventilation of such installation shall be made at
once so that the air shall contain less than 1.0 volume per centum of
methane.

Sec. 77.202 Dust accumulations in surface installations.

Coal dust in the air of, or in, or on the surfaces of, structures,
enclosures, or other facilities shall not be allowed to exist or
accumulate in dangerous amounts.

Sec. 77.203 Use of material or equipment overhead; safeguards.

Where overhead repairs are being made at surface installations and
equipment or material is taken into such overhead work areas, adequate
protection shall be provided for all persons working or passing below
the overhead work areas in which such equipment or material is being
used.

Sec. 77.204 Openings in surface installations; safeguards.

Openings in surface installations through which men or material may
fall shall be protected by railings, barriers, covers or other
protective devices.

Sec. 77.205 Travelways at surface installations.

(a) Safe means of access shall be provided and maintained to all
working places.
(b) Travelways and platforms or other means of access to areas where
persons are required to travel or work, shall be kept clear of all
extraneous

[[Page 708]]

material and other stumbling or slipping hazards.
(c) Inclined travelways shall be constructed of nonskid material or
equipped with cleats.
(d) Regularly used travelways shall be sanded, salted, or cleared of
snow and ice as soon as practicable.
(e) Crossovers, elevated walkways, elevated ramps, and stairways
shall be of substantial construction, provided with handrails, and
maintained in good condition. Where necessary toeboards shall be
provided.
(f) Crossovers shall be provided where it is necessary to cross
conveyors.
(g) Moving conveyors shall be crossed only at designated crossover
points.

Sec. 77.206 Ladders; construction; installation and maintenance.

(a) Ladders shall be of substantial construction and maintained in
good condition.
(b) Wooden members of ladders shall not be painted.
(c) Steep or vertical ladders which are used regularly at fixed
locations shall be anchored securely and provided with backguards
extending from a point not more than 7 feet from the bottom of the
ladder to the top of the ladder.
(d) Fixed ladders shall not incline backwards at any point unless
provided with backguards.
(e) Fixed ladders shall be anchored securely and installed to
provide at least 3 inches of toe clearance.
(f) Fixed ladders shall project at least 3 feet above landings, or
substantial handholds shall be provided above the landings.

Sec. 77.207 Illumination.

Illumination sufficient to provide safe working conditions shall be
provided in and on all surface structures, paths, walkways, stairways,
switch panels, loading and dumping sites, and working areas.

Sec. 77.208 Storage of materials.

(a) Materials shall be stored and stacked in a manner which
minimizes stumbling or fall-of-material hazards.
(b) Materials that can create hazards if accidentally liberated from
their containers shall be stored in a manner that minimizes the dangers.
(c) Containers holding hazardous materials must be of a type
approved for such use by recognized agencies.
(d) Compressed and liquid gas cylinders shall be secured in a safe
manner.
(e) Valves on compressed gas cylinders shall be protected by covers
when being transported or stored, and by a safe location when the
cylinders are in use.

[36 FR 9364, May 22, 1971, as amended at 67 FR 42389, June 21, 2002]

Sec. 77.209 Surge and storage piles.

No person shall be permitted to walk or stand immediately above a
reclaiming area or in any other area at or near a surge or storage pile
where the reclaiming operation may expose him to a hazard.

Sec. 77.210 Hoisting of materials.

(a) Hitches and slings used to hoist materials shall be suitable for
handling the type of materials being hoisted.
(b) Men shall stay clear of hoisted loads.
(c) Taglines shall be attached to hoisted materials that require
steadying or guidance.

Sec. 77.211 Draw-off tunnels; stockpiling and reclaiming operations; general.

(a) Tunnels located below stockpiles, surge piles, and coal storage
silos shall be ventilated so as to maintain concentrations of methane
below 1.0 volume per centum.
(b) In addition to the tests for methane required by Sec. 77.201
such tests shall also be made before any electric equipment is energized
or repaired, unless equipped with a continuous methane monitoring device
installed and operated in accordance with the provisions of Sec.
77.211-1. Electric equipment shall not be energized, operated, or
repaired until the air contains less than 1.0 volume per centum of
methane.

[[Page 709]]

Sec. 77.211-1 Continuous methane monitoring device;
installation and operation; automatic deenergization of electric equipment.

Continuous methane monitoring devices shall be set to deenergize
automatically electric equipment when such monitor is not operating
properly and to give a warning automatically when the concentration of
methane reaches a maximum percentage determined by an authorized
representative of the Secretary which shall not be more than 1.0 volume
per centum of methane. An authorized representative of the Secretary
shall require such monitor to deenergize automatically electric
equipment when the concentration of methane reaches a maximum percentage
determined by such representative which shall not be more than 2.0
volume per centum of methane.

Sec. 77.212 Draw-off tunnel ventilation fans; installation.

When fans are used to ventilate draw-off tunnels the fans shall be:
(a) Installed on the surface;
(b) Installed in fireproof housings and connected to the tunnel
openings with fireproof air ducts; and,
(c) Offset from the tunnel opening.

Sec. 77.213 Draw-off tunnel escapeways.

When it is necessary for a tunnel to be closed at one end, an
escapeway not less than 30 inches in diameter (or of the equivalent, if
the escapeway does not have a circular cross section) shall be installed
which extends from the closed end of the tunnel to a safe location on
the surface; and, if the escapeway is inclined more than 30 degrees from
the horizontal it shall be equipped with a ladder which runs the full
length of the inclined portion of the escapeway.

Sec. 77.214 Refuse piles; general.

(a) Refuse piles constructed on or after July 1, 1971, shall be
located in areas which are a safe distance from all underground mine
airshafts, preparation plants, tipples, or other surface installations
and such piles shall not be located over abandoned openings or
steamlines.
(b) Where new refuse piles are constructed over exposed coal beds
the exposed coal shall be covered with clay or other inert material as
the piles are constructed.
(c) A fireproof barrier of clay or inert material shall be
constructed between old and new refuse piles.
(d) Roadways to refuse piles shall be fenced or otherwise guarded to
restrict the entrance of unauthorized persons.

[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971]

Sec. 77.215 Refuse piles; construction requirements.

(a) Refuse deposited on a pile shall be spread in layers and
compacted in such a manner so as to minimize the flow of air through the
pile.
(b) Refuse shall not be deposited on a burning pile except for the
purpose of controlling or extinguishing a fire.
(c) Clay or other sealants shall be used to seal the surface of any
refuse pile in which a spontaneous ignition has occurred.
(d) Surface seals shall be kept intact and protected from erosion by
drainage facilities.
(e) Refuse piles shall not be constructed so as to impede drainage
or impound water.
(f) Refuse piles shall be constructed in such a manner as to prevent
accidental sliding and shifting of materials.
(g) No extraneous combustible material shall be deposited on refuse
piles.
(h) After October 31, 1975 new refuse piles and additions to
existing refuse piles, shall be constructed in compacted layers not
exceeding 2 feet in thickness and shall not have any slope exceeding 2
horizontal to 1 vertical (approximately 27[deg]) except that the
District Manager may approve construction of a refuse pile in compacted
layers exceeding 2 feet in thickness and with slopes exceeding 27[deg]
where engineering data substantiates that a minimum safety factor of 1.5
for the refuse pile will be attained.
(i) Foundations for new refuse piles and additions to existing
refuse piles shall be cleared of all vegetation and undesirable material
that according to current, prudent engineering practices

[[Page 710]]

would adversely affect the stability of the refuse pile.
(j) All fires in refuse piles shall be extinguished, and the method
used shall be in accordance with a plan approved by the District
Manager. The plan shall contain as a minimum, provisions to ensure that
only those persons authorized by the operator, and who have an
understanding of the procedure to be used, shall be involved in the
extinguishing operation.

(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957),
Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[36 FR 9364, May 22, 1971, as amended at 40 FR 41776, Sept. 9, 1975; 60
FR 33723, June 29, 1995]

Sec. 77.215-1 Refuse piles; identification.

A permanent identification marker, at least six feet high and
showing the refuse pile identification number as assigned by the
District Manager, the name associated with the refuse pile and the name
of the person owning, operating or controlling the refuse pile, shall be
located on or immediately adjacent to each refuse pile within the time
specified in paragraphs (a) or (b) of this section as applicable.
(a) For existing refuse piles, markers shall be placed before May 1,
1976.
(b) For new or proposed refuse piles, markers shall be placed within
30 days from acknowledgment of the proposed location of a new refuse
pile.

(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957))

[40 FR 41776, Sept. 9, 1975]

Sec. 77.215-2 Refuse piles; reporting requirements.

(a) The proposed location of a new refuse pile shall be reported to
and acknowledged in writing by the District Manager prior to the
beginning of any work associated with the construction of the refuse
pile.
(b) Before May 1, 1976, for existing refuse piles, or within 180
days from the date of acknowledgment of the proposed location of a new
refuse pile, the person owning, operating or controlling a refuse pile
shall submit to the District Manager a report in triplicate which
contains the following:
(1) The name and address of the person owning, operating or
controlling the refuse pile; the name associated with the refuse pile;
the identification number of the refuse pile as assigned by the District
Manager; and the identification number of the mine or preparation plant
as assigned by MSHA.
(2) The location of the refuse pile indicated on the most recent
USGS 7\1/2\ minute or 15 minute topographic quadrangle map, or a
topographic map of equivalent scale if a USGS map is not available.
(3) A statement of the construction history of the refuse pile, and
a statement indicating whether the refuse pile has been abandoned in
accordance with a plan approved by the District Manager.
(4) A topographic map showing at a scale not to exceed 1 inch = 400
feet, the present and proposed maximum extent of the refuse pile and the
area 500 feet around the proposed maximum perimeter.
(5) A statement of whether or not the refuse pile is burning.
(6) A description of measures taken to prevent water from being
impounded by the refuse pile or contained within the refuse pile.
(7) At a scale not to exceed 1 inch = 100 feet, cross sections of
the length and width of the refuse pile at sufficient intervals to show
the approximate original ground surface, the present configuration and
the proposed maximum extent of the refuse pile, and mean sea level
elevations at significant points.
(8) Any other information pertaining to the stability of the pile
which may be required by the District Manager.
(c) The information required by paragraphs (b)(4) through (b)(8) of
this section shall be reported every twelfth month from the date of
original submission for those refuse piles which the District Manager
has determined can present a hazard until the District Manager notifies
the operator that the hazard has been eliminated.

(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957),
Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[40 FR 41776, Sept. 9, 1975, as amended at 57 FR 7471, Mar. 2, 1992; 60
FR 33723, June 29, 1995]

[[Page 711]]

Sec. 77.215-3 Refuse piles: certification.

(a) Within 180 days following written notification by the District
Manager that a refuse pile can present a hazard, the person owning,
operating, or controlling the refuse pile shall submit to the District
Manager a certification by a registered engineer that the refuse pile is
being constructed or has been modified in accordance with current,
prudent engineering practices to minimize the probability of impounding
water and failure of such magnitude as to endanger the lives of miners.
(b) After the initial certification required by this section and
until the District Manager notifies the operator that the hazard has
been eliminated, certification shall be submitted every twelfth month
from the date of the initial certification.
(c) Certifications required by paragraphs (a) and (b) of this
section shall include all information considered in making the
certification.

(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957))

[40 FR 41776, Sept. 9, 1975, as amended at 57 FR 7471, Mar. 2, 1992]

Sec. 77.215-4 Refuse piles; abandonment.

When a refuse pile is to be abandoned, the District Manager shall be
notified in writing, and if he determines it can present a hazard, the
refuse pile shall be abandoned in accordance with a plan submitted by
the operator and approved by the District Manager. The plan shall
include a schedule for its implementation and describe provisions to
prevent burning and future impoundment of water, and provide for major
slope stability.

(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957),
Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[40 FR 41776, Sept. 9, 1975, as amended at 60 FR 33723, June 29, 1995]

Sec. 77.216 Water, sediment, or slurry impoundments
and impounding structures; general.

(a) Plans for the design, construction, and maintenance of
structures which impound water, sediment, or slurry shall be required if
such an existing or proposed impounding structure can:
(1) Impound water, sediment, or slurry to an elevation of five feet
or more above the upstream toe of the structure and can have a storage
volume of 20 acre-feet or more; or
(2) Impound water, sediment, or slurry to an elevation of 20 feet or
more above the upstream toe of the structure; or
(3) As determined by the District Manager, present a hazard to coal
miners.
(b) Plans for the design and construction of all new water,
sediment, or slurry impoundments and impounding structures which meet
the requirements of paragraph (a) of this section shall be submitted in
triplicate to and be approved by the District Manager prior to the
beginning of any work associated with construction of the impounding
structure.
(c) Before May 1, 1976, a plan for the continued use of an existing
water, sediment, or slurry impoundment and impounding structure which
meets the requirements of paragraph (a) of this section shall be
submitted in triplicate to the District Manager for approval.
(d) The design, construction, and maintenance of all water,
sediment, or slurry impoundments and impounding structures which meet
the requirements of paragraph (a) of this section shall be implemented
in accordance with the plan approved by the District Manager.
(e) All fires in impounding structures shall be extinguished, and
the method used shall be in accordance with a plan approved by the
District Manager. The plan shall contain as a minimum, provisions to
ensure that only those persons authorized by the operator, and who have
an understanding of the procedures to be used, shall be involved in the
extinguishing operation.

(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957))

[40 FR 41776, Sept. 9, 1975]

Sec. 77.216-1 Water, sediment or slurry impoundments
and impounding structures; identification.

A permanent identification marker, at least six feet high and
showing the identification number of the impounding structure as
assigned by the District Manager, the name associated

[[Page 712]]

with the impounding structure and name of the person owning, operating,
or controlling the structure, shall be located on or immediately
adjacent to each water, sediment or slurry impounding structure within
the time specified in paragraph (a) or (b) of this section as
applicable.
(a) For existing water, sediment or slurry impounding structures,
markers shall be placed before May 1, 1976.
(b) For new or proposed water, sediment, or slurry impounding
structures, markers shall be placed within 30 days from the start of
construction.

(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957))

[40 FR 41777, Sept. 9, 1975]

Sec. 77.216-2 Water, sediment, or slurry impoundments
and impounding structures; minimum plan requirements; changes
or modifications; certification.

(a) The plan specified in Sec. 77.216, shall contain as a minimum
the following information:
(1) The name and address of the persons owning, operating or
controlling the impoundment or impounding structure; the name associated
with the impoundment or impounding structure; the identification number
of the impounding structure as assigned by the District Manager; and the
identification number of the mine or preparation plant as assigned by
MSHA.
(2) The location of the structure indicated on the most recent USGS
7\1/2\ minute or 15 minute topographic quadrangle map, or a topographic
map of equivalent scale if a USGS map is not available.
(3) A statement of the purpose for which the structure is or will be
used.
(4) The name and size in acres of the watershed affecting the
impoundment.
(5) A description of the physical and engineering properties of the
foundation materials on which the structure is or will be constructed.
(6) A statement of the type, size, range, and physical and
engineering properties of the materials used, or to be used, in
constructing each zone or stage of the impounding structure; the method
of site preparation and construction of each zone; the approximate dates
of construction of the structure and each successive stage; and for
existing structures, such history of construction as may be available,
and any record or knowledge of structural instability.
(7) At a scale not to exceed 1 inch = 100 feet, detailed dimensional
drawings of the impounding structure including a plan view and cross
sections of the length and width of the impounding structure, showing
all zones, foundation improvements, drainage provisions, spillways,
diversion ditches, outlets, instrument locations, and slope protection,
in addition to the measurement of the minimum vertical distance between
the crest of the impounding structure and the reservoir surface at
present and under design storm conditions, sediment or slurry level,
water level and other information pertinent to the impoundment itself,
including any identifiable natural or manmade features which could
affect operation of the impoundment.
(8) A description of the type and purpose of existing or proposed
instrumentation.
(9) Graphs showing area-capacity curves.
(10) A statement of the runoff attributable to the probable maximum
precipitation of 6-hour duration and the calculations used in
determining such runoff.
(11) A statement of the runoff attributable to the storm for which
the structure is designed and the calculations used in determining such
runoff.
(12) A description of the spillway and diversion design features and
capacities and calculations used in their determination.
(13) The computed minimum factor of safety range for the slope
stability of the impounding structure including methods and calculations
used to determine each factor of safety.
(14) The locations of surface and underground coal mine workings
including the depth and extent of such workings within the area 500 feet
around the perimeter, shown at a scale not to exceed one inch = 500
feet.
(15) Provisions for construction surveillance, maintenance, and
repair of the impounding structure.
(16) General provisions for abandonment.

[[Page 713]]

(17) A certification by a registered engineer that the design of the
impounding structure is in accordance with current, prudent engineering
practices for the maximum volume of water, sediment, or slurry which can
be impounded therein and for the passage of runoff from the designed
storm which exceeds the capacity of the impoundment; or, in lieu of the
certification, a report indicating what additional investigations,
analyses, or improvement work are necessary before such a certification
can be made, including what provisions have been made to carry out such
work in addition to a schedule for completion of such work.
(18) Such other information pertaining to the stability of the
impoundment and impounding structure which may be required by the
District Manager.
(b) Any changes or modifications to plans for water, sediment, or
slurry impoundments or impounding structures shall be approved by the
District Manager prior to the initiation of such changes or
modifications.

(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957))

[40 FR 41777, Sept. 9, 1975]

Sec. 77.216-3 Water, sediment, or slurry impoundments
and impounding structures; inspection requirements; correction of hazards;
program requirements.

(a) All water, sediment, or slurry impoundments that meet the
requirements of Sec. 77.216(a) shall be examined as follows:
(1) At intervals not exceeding 7 days, or as otherwise approved by
the District Manager, for appearances of structural weakness and other
hazardous conditions.
(2) All instruments shall be monitored at intervals not exceeding 7
days, or as otherwise approved by the District Manager.
(3) Longer inspection or monitoring intervals approved under this
paragraph (a) shall be justified by the operator based on the hazard
potential and performance of the impounding structure, and shall include
a requirement for inspection immediately after a specified rain event
approved by the District Manager.
(4) All inspections required by this paragraph (a) shall be
performed by a qualified person designated by the person owning,
operating, or controlling the impounding structure.
(b) When a potentially hazardous condition develops, the person
owning, operating or controlling the impounding structure shall
immediately:
(1) Take action to eliminate the potentially hazardous condition;
(2) Notify the District Manager;
(3) Notify and prepare to evacuate, if necessary, all coal miners
from coal mine property which may be affected by the potentially
hazardous conditions; and
(4) Direct a qualified person to monitor all instruments and examine
the structure at least once every eight hours, or more often as required
by an authorized representative of the Secretary.
(c) After each examination and instrumentation monitoring referred
to in paragraphs (a) and (b) of this section, each qualified person who
conducted all or any part of the examination or instrumentation
monitoring shall promptly record the results of such examination or
instrumentation monitoring in a book which shall be available at the
mine for inspection by an authorized representative of the Secretary,
and such qualified person shall also promptly report the results of the
examination or monitoring to one of the persons specified in paragraph
(d) of this section.
(d) All examination and instrumentation monitoring reports recorded
in accordance with paragraph (c) of this section shall include a report
of the action taken to abate hazardous conditions and shall be promptly
signed or countersigned by at least one of the following persons:
(1) The mine foreman;
(2) The assistant superintendent of the mine;
(3) The superintendent of the mine;
(4) The person designated by the operator as responsible for health
and safety at the mine.
(e) Before May 1, 1976, the person owning, operating, or controlling
a

[[Page 714]]

water, sediment, or slurry impoundment which meets the requirements of
Sec. 77.216(a) shall adopt a program for carrying out the requirements
of paragraphs (a) and (b) of this section. The program shall be
submitted for approval to the District Manager. The program shall
include as a minimum:
(1) A schedule and procedures for examining the impoundment and
impounding structure by a designated qualified person;
(2) A schedule and procedures for monitoring any required or
approved instrumentation by a designated qualified person;
(3) Procedures for evaluating hazardous conditions;
(4) Procedures for eliminating hazardous conditions;
(5) Procedures for notifying the District Manager;
(6) Procedures for evacuating coal miners from coal mine property
which may be affected by the hazardous condition.
(f) Before making any changes or modifications in the program
approved in accordance with paragraph (e) of this section, the person
owning, operating, or controlling the impoundment shall obtain approval
of such changes or modifications from the District Manager.
(g) The qualified person or persons referred to in paragraphs (a),
(b)(4), (c), (e)(1), and (e)(2) of this section shall be trained to
recognize specific signs of structural instability and other hazardous
conditions by visual observation and, if applicable, to monitor
instrumentation.

(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957))

[40 FR 41777, Sept. 9, 1975, as amended at 57 FR 7471, Mar. 2, 1992]

Sec. 77.216-4 Water, sediment or slurry impoundments
and impounding structures; reporting requirements; certification.

(a) Except as provided in paragraph (b) of this section, every
twelfth month following the date of the initial plan approval, the
person owning, operating, or controlling a water, sediment, or slurry
impoundment and impounding structure that has not been abandoned in
accordance with an approved plan shall submit to the District Manager a
report containing the following information:
(1) Changes in the geometry of the impounding structure for the
reporting period.
(2) Location and type of installed instruments and the maximum and
minimum recorded readings of each instrument for the reporting period.
(3) The minimum, maximum, and present depth and elevation of the
impounded water, sediment, or slurry for the reporting period.
(4) Storage capacity of the impounding structure.
(5) The volume of the impounded water, sediment, or slurry at the
end of the reporting period.
(6) Any other change which may have affected the stability or
operation of the impounding structure that has occurred during the
reporting period.
(7) A certification by a registered professional engineer that all
construction, operation, and maintenance was in accordance with the
approved plan.
(b) A report is not required under this section when the operator
provides the District Manager with a certification by a registered
professional engineer that there have been no changes under paragraphs
(a)(1) through (a)(6) of this section to the impoundment or impounding
structure. However, a report containing the information set out in
paragraph (a) of this section shall be submitted to the District Manager
at least every 5 years.

[57 FR 7471, Mar. 2, 1992]

Sec. 77.216-5 Water, sediment or slurry impoundments
and impounding structures; abandonment.

(a) Prior to abandonment of any water, sediment, or slurry
impoundment and impounding structure which meets the requirements of 30
CFR 77.216(a), the person owning, operating, or controlling such an
impoundment and impounding structure shall submit to and obtain approval
from the District Manager, a plan for abandonment based on current,
prudent engineering practices. This plan shall provide for major slope
stability, include a schedule for the plan's implementation and, except
as provided in paragraph (b) of

[[Page 715]]

this section, contain provisions to preclude the probability of future
impoundment of water, sediment, or slurry.
(b) An abandonment plan does not have to contain a provision to
preclude the future impoundment of water if the plan is approved by the
District Manager and documentation is included in the abandonment plan
to ensure that the following requirements are met:
(1) A registered professional engineer, knowledgeable in the
principles of dam design and in the design and construction of the
structure, shall certify that it substantially conforms to the approved
design plan and specifications and that there are no apparent defects.
(2) The current owner or prospective owner shall certify a
willingness and ability to assume responsibility for operation and
maintenance of the structure.
(3) A permit or approval for the continued existence of the
impoundment or impounding structure shall be obtained from the Federal
or State agency responsible for dam safety.

[57 FR 7472, Mar. 2, 1992]

Sec. 77.217 Definitions.

For the purpose of Sec. Sec. 77.214 through 77.216-5, the term:
(a) Abandoned as applied to any refuse pile or impoundment and
impounding structure means that work on such pile or structure has been
completed in accordance with a plan for abandonment approved by the
District Manager.
(b) Area-capacity curves means graphic curves which readily show the
reservoir water surface area, in acres, at different elevations from the
bottom of the reservoir to the maximum water surface, and the capacity
or volume, in acre-feet, of the water contained in the reservoir at
various elevations.
(c) Impounding structure means a structure which is used to impound
water, sediment, or slurry, or any combination of such materials.
(d) Probable maximum precipitation means the value for a particular
area which represents an envelopment of depth-duration-area rainfall
relations for all storm types affecting that area adjusted
meteorologically to maximum conditions.
(e) Refuse pile means a deposit of coal mine waste which may contain
a mixture of coal, shale, claystone, siltstone, sandstone, limestone,
and related materials that are excavated during mining operations or
separated from mined coal and disposed of on the surface as waste
byproducts of either coal mining or preparation operations. Refuse pile
does not mean temporary spoil piles of removed overburden material
associated with surface mining operations.
(f) Safety factor means the ratio of the forces tending to resist
the failure of a structure to the forces tending to cause such failure
as determined by accepted engineering practice.

(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957))

[40 FR 41778, Sept. 9, 1975]

Subpart D_Thermal Dryers

Sec. 77.300 Thermal dryers; general.

On and after July 1, 1971 dryer systems used for drying coal at high
temperatures, hereinafter referred to as thermal dryers, including
rotary dryers, continuous carrier dyes, vertical tray, and cascade
dryers, multilouver dryers, suspension or flash dryers, and fluidized
bed dryers, shall be maintained and operated in accordance with the
provision of Sec. 77.301 to Sec. 77.306.

[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971]

Sec. 77.301 Dryer heating units; operation.

(a) Dryer heating units shall be operated to provide reasonably
complete combustion before heated gases are allowed to enter hot gas
inlets.
(b) Dryer heating units which are fired by pulverized coal, shall be
operated and maintained in accordance with the recommended standards set
forth in the National Fire Protection Association Handbook, 12th
Edition, Section 9, ``Installation of Pulverized Fuel Systems,'' 1962.

Sec. 77.302 Bypass stacks.

Thermal dryer systems shall include a bypass stack, relief stack or
individual discharge stack provided with automatic venting which will
permit gases from the dryer heating unit to

[[Page 716]]

bypass the heating chamber and vent to the outside atmosphere during any
shutdown operation.

Sec. 77.303 Hot gas inlet chamber dropout doors.

Thermal dryer systems which employ a hot gas inlet chamber shall be
equipped with drop-out doors at the bottom of the inlet chamber or with
other effective means which permit coal, fly-ash, or other heated
material to fall from the chamber.

Sec. 77.304 Explosion release vents.

Drying chambers, dry-dust collectors, ductwork connecting dryers to
dust collectors, and ductwork between dust collectors and discharge
stacks shall be protected with explosion release vents which open
directly to the outside atmosphere, and all such vents shall be:
(a) Hinged to prevent dislodgment;
(b) Designed and constructed to permit checking and testing by
manual operation; and
(c) Equal in size to the cross-sectional area of the collector
vortex finder when used to vent dry dust collectors.

Sec. 77.305 Access to drying chambers, hot gas inlet chambers and ductwork;
installation and maintenance.

Drying chambers, hot gas inlet chambers and all ductwork in which
coal dust may accumulate shall be equipped with tight sealing access
doors which shall remain latched during dryer operation to prevent the
emission of coal dust and the loss of fluidizing air.

Sec. 77.306 Fire protection.

Based on the need for fire protection measures in connection with
the particular design of the thermal dryer, an authorized representative
of the Secretary may require any of the following measures to be
employed:
(a) Water sprays automatically actuated by rises in temperature to
prevent fire, installed inside the thermal dryer systems, and such
sprays shall be designed to provide for manual operation in the event of
power failure.
(b) Fog nozzles, or other no less effective means, installed inside
the thermal dryer systems to provide additional moisture or an
artificial drying load within the drying system when the system is being
started or shutdown.
(c) The water system of each thermal dryer shall be interconnected
to a supply of compressed air which permits constant or frequent purging
of all water sprays and fog nozzles or other no less effective means of
purging shall be provided.

Sec. 77.307 Thermal dryers; location and installation; general.

(a) Thermal dryer systems erected or installed at any coal mine
after June 30, 1971 shall be located at least 100 feet from any
underground coal mine opening, and 100 feet from any surface
installation where the heat, sparks, flames, or coal dust from the
system might cause a fire or explosion.
(b) Thermal dryer systems erected or installed after June 30, 1971
may be covered by roofs, however, such systems shall not be otherwise
enclosed unless necessary to protect the health and safety of persons
employed at the mine. Where such systems are enclosed, they shall be
located in separate fireproof structures of heavy construction with
explosion pressure release devices (such as hinged wall panels, window
sashes, or louvers); which provide at least 1 square foot of area for
each 80 cubic feet of space volume and which are distributed as
uniformly as possible throughout the structure.

Sec. 77.308 Structures housing other facilities; use of partitions.

Thermal dryer systems installed after June 30, 1971 in any structure
which also houses a tipple, cleaning plant, or other operating facility
shall be separated from all other working areas of such structure by a
substantial partition capable of providing greater resistance to
explosion pressures than the exterior wall or walls of the structure.
The partition shall also include substantial, self-closing fire doors at
all entrances to the areas adjoining the dryer system.

Sec. 77.309 Visual check of system equipment.

Frequent visual checks shall be made by the operator of the thermal
dryer

[[Page 717]]

system control station, or by some other competent person, of the bypass
dampers, air-tempering louvers, discharge mechanism, and other dryer
system equipment.

Sec. 77.309-1 Control stations; location.

Thermal dryer system control stations constructed after June 30,
1971, shall be installed at a location which will give to the operator
of the control station the widest field of visibility of the system and
equipment.

Sec. 77.310 Control panels.

(a) All thermal dryer system control panels constructed after June
30, 1971 shall be located in an area which is relatively free of
moisture and dust and shall be installed in such a manner as to minimize
vibration.
(b) A schematic diagram containing legends which show the location
of each thermocouple, pressure tap, or other control or gaging
instrument in the drying system shall be posted on or near the control
panel of each thermal drying system.
(c) Each instrument on the control panel shall be identified by a
nameplate or equivalent marking.
(d) A plan to control the operation of each thermal dryer system
shall be posted at or near the control panel showing a sequence of
startup, normal shutdown, and emergency shutdown procedures.

Sec. 77.311 Alarm devices.

Thermal dryer systems shall be equipped with both audible and visual
alarm devices which are set to operate when safe dryer temperatures are
exceeded.

Sec. 77.312 Fail safe monitoring systems.

Thermal dryer systems and controls shall be protected by a fail safe
monitoring system which will safely shut down the system and any related
equipment upon failure of any component in the dryer system.

Sec. 77.313 Wet-coal feedbins; low-level indicators.

Wet-coal bins feeding thermal drying systems shall be equipped with
both audible and visual low-coal-level indicators.

Sec. 77.314 Automatic temperature control instruments.

(a) Automatic temperature control instruments for thermal dryer
system shall be of the recording type.
(b) Automatic temperature control instruments shall be locked or
sealed to prevent tampering or unauthorized adjustment. These
instruments shall not be set above the maximum allowable operating
temperature.
(c) All dryer control instruments shall be inspected and calibrated
at least once every 3 months and a record or certificate of accuracy,
signed by a trained employee or by a servicing agent, shall be kept at
the plant.

Sec. 77.315 Thermal dryers; examination and inspection.

Thermal dryer systems shall be examined for fires and coal-dust
accumulations if the dryers are not restarted promptly after a shutdown.

Subpart E_Safeguards for Mechanical Equipment

Sec. 77.400 Mechanical equipment guards.

(a) Gears; sprockets; chains; drive, head, tail, and takeup pulleys;
flywheels; couplings; shafts; sawblades; fan inlets; and similar exposed
moving machine parts which may be contacted by persons, and which may
cause injury to persons shall be guarded.
(b) Overhead belts shall be guarded if the whipping action from a
broken line would be hazardous to persons below.
(c) Guards at conveyor-drive, conveyor-head, and conveyor-tail
pulleys shall extend a distance sufficient to prevent a person from
reaching behind the guard and becoming caught between the belt and the
pulley.
(d) Except when testing the machinery, guards shall be securely in
place while machinery is being operated.

Sec. 77.401 Stationary grinding machines; protective devices.

[[Page 718]]

(2) Adjustable tool rests set as close as practical to the wheel.
(3) Safety washers.
(b) Grinding wheels shall be operated within the specifications of
the manufacturer of the wheel.
(c) Face shields or goggles, in good condition, shall be worn when
operating a grinding wheel.

Sec. 77.402 Hand-held power tools; safety devices.

Hand-held power tools shall be equipped with controls requiring
constant hand or finger pressure to operate the tools or shall be
equipped with friction or other equivalent safety devices.

Sec. 77.403 Mobile equipment; falling object protective structures (FOPS).

(a) When necessary to protect the operator of the equipment, all
rubber-tired or crawler-mounted self-propelled scrapers, front-end
loaders, dozers, graders, loaders, and tractors, with or without
attachments, that are used in surface coal mines or the surface work
areas of underground coal mines shall be provided with substantial
falling object protective structures (FOPS). FOPS which meet the
requirements of the Society of Automotive Engineers (SAE) Standard J 231
shall be considered to be a ``substantial'' FOPS. An authorized
representative of the Secretary may approve a FOPS which provides
protection equivalent to SAE J 231.
(b) When necessary to protect the operator of the equipment,
forklift or powered industrial trucks shall be provided with substantial
FOPS. Such FOPS shall meet the requirements of the State of California,
Division of Industrial Safety, General Safety Orders, Register 72,
Number 6, February 8, 1972, Article 25, Section 3655--``Overhead Guards
for High-Lift Rider Trucks.''

(Sec. 101(a), Federal Coal Mine Health and Safety Act of 1969, as
amended (83 Stat. 745; 30 U.S.C. 811(a))

[39 FR 24007, June 28, 1974]

Sec. 77.403-1 Mobile equipment; rollover protective structures (ROPS).

(a) All rubber-tired or crawler-mounted self-propelled scrapers,
front-end loaders, dozers, graders, loaders, and tractors, with or
without attachments, that are used in surface coal mines or the surface
work areas of underground coal mines shall be provided with rollover
protective structures (hereinafter referred to as ROPS) in accordance
with the requirements of paragraphs (b) through (f) of this section, as
applicable.
(b) Mobile equipment manufactured on and after September 1, 1974.
All mobile equipment described in paragraph (a) of this section
manufactured on and after September 1, 1974 shall be equipped with ROPS
meeting the requirements of the Department of Labor specified in
Sec. Sec. 1926.1001 and 1926.1002 of Part 1926, Title 29, Code of
Federal Regulations--Safety and Health Regulations for Construction.
(c) Mobile equipment manufactured prior to September 1, 1974. All
mobile equipment described in paragraph (a) of this section manufactured
prior to September 1, 1974 shall be equipped with ROPS meeting the
requirements of paragraphs (d) through (f) of this section, as
appropriate, no later than the dates specified in paragraphs (1), (2),
and (3) of this paragraph (c), unless an earlier date is required by an
authorized representative of the Secretary under paragraph (c)(4) of
this section:
(1) Mobile equipment manufactured between July 1, 1971, and
September 1, 1974, shall be equipped with ROPS no later than March 1,
1975.
(2) Mobile equipment manufactured between July 1, 1970, and June 30,
1971, shall be equipped with ROPS no later than July 1, 1975.
(3) Mobile equipment manufactured between July 1, 1969, and June 30,
1970, shall be equipped with ROPS no later than January 1, 1976.
(4) Irrespective of the time periods specified in paragraph (c) (1)
through (3) of this section an authorized representative of the
Secretary may require such mobile equipment to be equipped with ROPS at
an earlier date when necessary to protect the operator of the equipment
under the conditions in which the mobile equipment is, or will be
operated. The authorized representative of the Secretary shall in
writing advise the operator that the equipment shall be equipped with a

[[Page 719]]

ROPS and shall fix a time within which the operator shall provide and
install the ROPS. If such ROPS is not provided and installed within the
time fixed a notice shall be issued to the operator pursuant to section
104 of the Act.
(5) Nothing in this Sec. 77.403-1 shall preclude the issuance of a
withdrawal order because of imminent danger.
(d) Except as provided in paragraph (e) of this section, mobile
equipment described in paragraph (a) of this section, manufactured prior
to September 1, 1974, shall be deemed in compliance with this section if
the ROPS is installed in accordance with the recommendations of the ROPS
manufacturer or designer. The coal mine operator shall exhibit
certification from the ROPS manufacturer or designer in the form of a
label attached to the equipment, indicating the manufacturer's or
fabricator's name and address, the ROPS model number, if any, the
machine make, model or series number that the structure is designed to
fit, and compliance with the applicable specification listed in
paragraph (c)(1) or (2) of this section, or he shall, upon request of
the authorized representative of the Secretary, furnish certification
from a registered professional engineer that:
(1) The ROPS complies with the Society of Automotive Engineers (SAE)
Standard J 397, ``Critical Zone--Characteristics and Dimensions for
Operators of Construction and Industrial Machinery'' or SAE J 397a,
``Deflection Limiting Volume for Laboratory Evaluation of Rollover
Protective Structures (ROPS) and Falling Object Protective Structures
(FOPS) of Construction and Industrial Vehicles'' and the following
applicable SAE Standards:
(i) J 320a, ``Minimum Performance Criteria for Rollover Protective
Structure for Rubber-Tired Self-Propelled Scrapers'' or J 320b,
``Minimum Performance Criteria for Rollover Protective Structures for
Prime Movers''; or
(ii) J 394, ``Minimum Performance Criteria for Rollover Protective
Structure for Rubber-Tired Front-End Loaders and Rubber-Tired Dozers''
or J 394a, ``Minimum Performance Criteria for Rollover Protective
Structures for Wheeled Front-End Loaders and Wheeled Dozers''; or
(iii) J 395, ``Minimum Performance Criteria for Rollover Protective
Structure for Crawler Tractors and Crawler-Type Loaders'' or J 395a,
``Minimum Performance Criteria for Rollover Protective Structures for
Track-Type Tractors and Track-Type Front-End Loaders''; or
(iv) J 396 or J 396a, ``Minimum Performance Criteria for Rollover
Protective Structures for Motor Graders''; or
(v) J 167, ``Protective Frame with Overhead Protection--Test
Procedures and Performance Requirements''; or
(vi) J 334a, ``Protective Frame Test Procedures and Performance
Requirements''; or
(2) The ROPS and supporting attachments will:
(i) Show satisfactory performance by actual test of a prototype
involving a roll of 720[deg] or more; or
(ii) Support not less than the weight of the vehicle applied as a
uniformly distributed horizontal load at the top of the structure and
perpendicular to a vertical plane through the longitudinal axis of the
prime mover, and support two times the weight of the vehicle applied as
a uniformly distributed vertical load to the top of the structure; \1\
or
---------------------------------------------------------------------------

\1\ 1Paragraph (d) of Sec. 77.403-1 is based on the ROPS criteria
of the U.S. Army Corps of Engineers, Safety--General Safety Requirements
EM 385-1-1, Change 1, No. 21, Para. 18.A.20 (March 27, 1972), except
that subparagraph (2)(ii) of this paragraph (d) is substituted for Para.
18.A.20e(2) of the Corps requirements.
---------------------------------------------------------------------------

(iii) Support the following separately applied minimum loads:
(A) 125 percent of the weight of the vehicle applied as a uniformly
distributed horizontal load at the top of the ROPS and perpendicular to
a critical plane through the longitudinal axis of the prime mover; and
(B) A load of twice the weight of the vehicle applied as a uniformly
distributed vertical load to the top of the ROPS after complying with
paragraph (d) (1) (iii) (A) of this section. Stresses shall not exceed
the ultimate strength. Steel used in the ROPS must have capability to
perform at 0 [deg]F., or exhibit Charpy V-notch impact strength at 8

[[Page 720]]

ft.-lb. at -20 [deg]F. with a standard Charpy V-notch Type A specimen
and provide 20 percent elongation over two inches in a standard two inch
gauge length on a 0.505 inch diameter tensile specimen. Bolts and nuts
shall be SAE grade 8 (reference SAE J 429d, J 429e, J 429f or J 429g and
J 995, J 995a or J 995b).
(e) Mobile equipment manufactured prior to September 1, 1974 meeting
certain existing governmental requirements for ROPS. Mobile equipment
described in paragraph (a) of this section, manufactured prior to
September 1, 1974 and already equipped with ROPS, shall be deemed in
compliance with this section if it meets the ROPS requirements of the
State of California, the U.S. Army Corps of Engineers, the Bureau of
Reclamation of the U.S. Department of the Interior in effect on April 5,
1972, or the Occupational Safety and Health Administration, U.S.
Department of Labor. The requirements in effect are:
(1) State of California: Construction Safety Orders 1591(i), 1596,
and Logging and Sawmill Safety Order 5243, issued by the Department of
Industrial Relations pursuant to Division 5, Labor Code Sec. 6312,
State of California;
(2) U.S. Army Corps of Engineers: Safety--General Safety
Requirements, EM-385-1-1 (March 1967);
(3) Bureau of Reclamation, U.S. Department of the Interior: Safety
and Health Regulations for Construction, Part II (September 1971); and
(4) Occupational Safety and Health Administration, U.S. Department
of Labor: Safety and Health Regulations for Construction, 29 CFR
1926.1001 and 1926.1002.
(f) Field welding on ROPS shall be performed by welders who are
certified by the coal mine operator or equipment distributor as being
qualified in accordance with the American Welding Society Structural
Welding Code AWS D1.1-73, or Military Standard MIL-STD 248, or the
equivalent thereof.
(g) Seat belts required by Sec. 77.1710(i) shall be worn by the
operator of mobile equipment required to be equipped with ROPS by Sec.
77.403-1.

(Sec. 101(a), Federal Coal Mine Health and Safety Act of 1969, as
amended (83 Stat. 745; 30 U.S.C. 811(a))

[39 FR 24007, June 28, 1974. Redesignated and amended at 71 FR 16669,
Apr. 3, 2006]

Sec. 77.403-2 Incorporation by reference.

In accordance with 5 U.S.C. 552(a), the publications to which
references are made in Sec. Sec. 77.403 and 77.403-1 and which have
been prepared by organizations other than the Mine Safety and Health
Administration (MSHA), are hereby incorporated by reference and made a
part hereof. The incorporated publications are available at each MSHA
Coal Mine Safety and Health district office of MSHA. The U.S. Army Corps
of Engineers, Safety--General Safety Requirements and the Occupational
Safety and Health Administration regulations are also available from the
Information Dissemination (Superintendent of Documents), P.O. Box
371954, Pittsburgh, PA 15250-7954; Telephone: 866-512-1800 (toll free)
or 202-512-1800; http://bookstore.gpo.gov. Bureau of Reclamation Safety
and Health Regulations for Construction are available from the Bureau of
Reclamation, Division of Safety, Engineering and Research Center,
Denver, Colorado. SAE documents are available from the Society of
Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA
15096. American Welding Society Structural Welding Code D1-1-73 is
available from the American Welding Society, Inc., 550 N.W. LeJeune
Road, Miami, FL 33126. Military Standard MIL-STD 248 is available from
the U.S. Government Printing Office, Washington, DC 20202.

(Sec. 101(a), the Federal Coal Mine Health and Safety Act of 1969, as
amended (83 Stat. 745; 30 U.S.C. 811(a))

[39 FR 24008, June 28, 1974, as amended at 60 FR 35695, July 11, 1995.
Redesignated and amended at 71 FR 16669, Apr. 3, 2006]

Sec. 77.404 Machinery and equipment; operation and maintenance.

(a) Mobile and stationary machinery and equipment shall be
maintained in safe operating condition and machinery or equipment in
unsafe condition

[[Page 721]]

shall be removed from service immediately.
(b) Machinery and equipment shall be operated only by persons
trained in the use of and authorized to operate such machinery or
equipment.
(c) Repairs or maintenance shall not be performed on machinery until
the power is off and the machinery is blocked against motion, except
where machinery motion is necessary to make adjustments.
(d) Machinery shall not be lubricated while in motion where a hazard
exists, unless equipped with extended fittings or cups.

Sec. 77.405 Performing work from a raised position; safeguards.

Sec. 77.406 Drive belts.

Sec. 77.407 Power-driven pulleys.

(a) Belts, chains, and ropes shall not be guided onto power-driven
moving pulleys, sprockets, or drums with the hands except on slow moving
equipment especially designed for hand feeding.
(b) Pulleys of conveyors shall not be cleaned manually while the
conveyor is in motion.

Sec. 77.408 Welding operations.

Welding operations shall be shielded and the area shall be well-
ventilated.

Sec. 77.409 Shovels, draglines, and tractors.

(a) Shovels, draglines, and tractors shall not be operated in the
presence of any person exposed to a hazard from its operation and all
such equipment shall be provided with an adequate warning device which
shall be sounded by the operator prior to starting operation.
(b) Shovels and draglines shall be equipped with handrails along and
around all walkways and platforms.

Sec. 77.410 Mobile equipment; automatic warning devices.

(a) Mobile equipment such as front-end loaders, forklifts, tractors,
graders, and trucks, except pickup trucks with an unobstructed rear
view, shall be equipped with a warning device that--
(1) Gives an audible alarm when the equipment is put in reverse; or
(2) Uses infrared light, ultrasonic waves, radar, or other effective
devices to detect objects or persons at the rear of the equipment, and
sounds an audible alarm when a person or object is detected. This type
of discriminating warning device shall--
(i) Have a sensing area of a sufficient size that would allow
endangered persons adequate time to get out of the danger zone.
(ii) Give audible and visual alarms inside the operator's
compartment and an audible alarm outside of the operator's compartment
when a person or object is detected in the sensing area; and
(iii) When the equipment is put in reverse, activate and give a one-
time audible and visual alarm inside the operator's compartment and a
one-time audible alarm outside the operator's compartment.
(b) Alarms shall be audible above the surrounding noise levels.
(c) Warning devices shall be maintained in functional condition.
(d) An automatic reverse-activated strobe light may be substituted
for an audible alarm when mobile equipment is operated at night.

[54 FR 30517, July 20, 1989]

[[Page 722]]

Sec. 77.411 Compressed air and boilers; general.

Sec. 77.412 Compressed air systems.

(a) Compressors and compressed-air receivers shall be equipped with
automatic pressure-relief valves, pressure gages, and drain valves.
(b) Repairs involving the pressure system of compressors, receivers,
or compressed-air-powered equipment shall not be attempted until the
pressure has been relieved from that part of the system to be repaired.
(c) At no time shall compressed air be directed toward a person.
When compressed air is used, all necessary precautions shall be taken to
protect persons from injury.
(d) Safety chains or suitable locking devices shall be used at
connections to machines of high-pressure hose lines of 1-inch inside
diameter or larger, and between high-pressure hose lines of 1-inch
inside diameter or larger, where a connection failure would create a
hazard.

Sec. 77.413 Boilers.

(a) Boilers shall be equipped with guarded, well-maintained water
gages and pressure gages placed so that they can be observed easily.
Water gages and pipe passages to the gages shall be kept clean and free
of scale and rust.
(b) Boilers shall be equipped with automatic pressure-relief valves;
valves shall be opened manually at least once a week to determine that
they will function properly.
(c) Blowoff valves shall be piped outside the building and shall
have outlets so located or protected that persons passing by, near, or
under them will not be scalded.
(d) Boiler installations shall be provided with safety devices,
acceptable to the Mine Safety and Health Administration, to protect
against hazards of flameouts, fuel interruptions, and low-water level.
(e) Boilers shall be inspected internally at least once a year by a
licensed inspector and a certificate of inspection signed by the
inspector shall be displayed in the vicinity of the boiler.

Subpart F_Electrical Equipment_General

Sec. 77.500 Electric power circuits and electric equipment; deenergization.

Power circuits and electric equipment shall be deenergized before
work is done on such circuits and equipment, except when necessary for
troubleshooting or testing.

Sec. 77.501 Electric distribution circuits and equipment; repair.

No electrical work shall be performed on electric distribution
circuits or equipment, except by a qualified person or by a person
trained to perform electrical work and to maintain electrical equipment
under the direct supervision of a qualified person. Disconnecting
devices shall be locked out and suitably tagged by the persons who
perform such work, except that in cases where locking out is not
possible, such devices shall be opened and suitably tagged by such
persons. Locks or tags shall be removed only by the persons who
installed them or, if such persons are unavailable, by persons
authorized by the operator or his agent.

Sec. 77.501-1 Qualified person.

A qualified person within the meaning of Sec. 77.501 is an
individual who meets the requirements of Sec. 77.103.

Sec. 77.502 Electric equipment; examination, testing, and maintenance.

Electric equipment shall be frequently examined, tested, and
properly maintained by a qualified person to assure safe operating
conditions. When a potentially dangerous condition is found on electric
equipment, such equipment shall be removed from service until such
condition is corrected. A record of such examinations shall be kept.

Sec. 77.502-1 Qualified person.

A qualified person within the meaning of Sec. 77.502 is an
individual who meets the requirements of Sec. 77.103.

[[Page 723]]

Sec. 77.502-2 Electric equipment; frequency of examination and testing.

The examinations and tests required under the provision of this
Sec. 77.502 shall be conducted at least monthly.

Sec. 77.503 Electric conductors; capacity and insulation.

Electric conductors shall be sufficient in size and have adequate
current carrying capacity and be of such construction that a rise in
temperature resulting from normal operation will not damage the
insulating materials.

Sec. 77.503-1 Electric conductors.

Electric conductors shall be sufficient in size to meet the minimum
current carrying capacity provided for in the National Electric Code,
1968. All trailing cables shall meet the minimum requirements for
ampacity provided in the standards of the Insulated Power Cable
Engineers Association--National Electric Manufacturers Association in
effect when such cables are purchased.

Sec. 77.504 Electrical connections or splices; suitability.

Electrical connections or splices in electric conductors shall be
mechanically and electrically efficient, and suitable connectors shall
be used. All electrical connections or splices in insulated wire shall
be reinsulated at least to the same degree of protection as the
remainder of the wire.

Sec. 77.505 Cable fittings; suitability.

Cables shall enter metal frames of motors, splice boxes, and
electric compartments only through proper fittings. When insulated
wires, other than cables, pass through metal frames, the holes shall be
substantially bushed with insulated bushings.

Sec. 77.506 Electric equipment and circuits;
overload and short-circuit protection.

Automatic circuit-breaking devices or fuses of the correct type and
capacity shall be installed so as to protect all electric equipment and
circuits against short circuit and overloads.

Sec. 77.506-1 Electric equipment and circuits; overload
and short circuit protection; minimum requirements.

Devices providing either short circuit protection or protection
against overload shall conform to the minimum requirements for
protection of electric circuits and equipment of the National Electric
Code, 1968.

Sec. 77.507 Electric equipment; switches.

All electric equipment shall be provided with switches or other
controls that are safely designed, constructed, and installed.

Sec. 77.508 Lightning arresters, ungrounded and exposed power conductors
and telephone wires.

All ungrounded, exposed power conductors and telephone wires shall
be equipped with suitable lightning arresters which are adequately
installed and connected to a low resistance grounding medium.

Sec. 77.508-1 Lightning arresters; wires entering buildings.

Lightning arresters protecting exposed telephone wires entering
buildings shall be provided at the point where each such telephone wire
enters the building.

Sec. 77.509 Transformers; installation and guarding.

(a) Transformers shall be of the totally enclosed type, or shall be
placed at least 8 feet above the ground, or installed in a transformer
house, or surrounded by a substantial fence at least 6 feet high and at
least 3 feet from any energized parts, casings, or wiring.
(b) Transformer stations shall be enclosed to prevent persons from
unintentionally or inadvertently contacting energized parts.
(c) Transformer enclosures shall be kept locked against unauthorized
entry.

Sec. 77.510 Resistors; location and guarding.

Resistors, heaters, and rheostats shall be located so as to minimize
fire hazards and, where necessary, provided with guards to prevent
personal contact.

[[Page 724]]

Sec. 77.511 Danger signs at electrical installations.

Suitable danger signs shall be posted at all major electrical
installations.

Sec. 77.512 Inspection and cover plates.

Inspection and cover plates on electrical equipment shall be kept in
place at all times except during testing or repairs.

Sec. 77.513 Insulating mats at power switches.

Sec. 77.514 Switchboards; passageways and clearance.

Switchboards shall be installed to provide passageways or lanes of
travel which permit access to the back of the switchboard from both ends
for inspection, adjustment or repair. Openings permitting access to the
rear of any switchboard shall be guarded, except where they are located
in buildings which are kept locked.

Sec. 77.515 Bare signal or control wires; voltage.

The voltage on bare signal or control wires accessible to personal
contact shall not exceed 40 volts.

Sec. 77.516 Electric wiring and equipment; installation and maintenance.

In addition to the requirements of Sec. Sec. 77.503 and 77.506, all
wiring and electrical equipment installed after June 30, 1971, shall
meet the requirements of the National Electric Code in effect at the
time of installation.

Subpart G_Trailing Cables

Sec. 77.600 Trailing cables; short-circuit protection; disconnecting devices.

Short-circuit protection for trailing cables shall be provided by an
automatic circuit breaker or other no less effective device, approved by
the Secretary, of adequate current-interrupting capacity in each
ungrounded conductor. Disconnecting devices used to disconnect power
from trailing cables shall be plainly marked and identified and such
devices shall be equipped or designed in such a manner that it can be
determined by visual observation that the power is disconnected.

Sec. 77.601 Trailing cables or portable cables; temporary splices.

Temporary splices in trailing cables or portable cables shall be
made in a workmanlike manner and shall be mechanically strong and well
insulated. Trailing cables or portable cables with exposed wires or
splices that heat or spark under load shall not be used.

Sec. 77.602 Permanent splicing of trailing cables.

When permanent splices in trailing cables are made, they shall be:
(a) Mechanically strong with adequate electrical conductivity;
(b) Effectively insulated and sealed so as to exclude moisture; and,
(c) Vulcanized or otherwise made with suitable materials to provide
good bonding to the outer jacket.

Sec. 77.603 Clamping of trailing cables to equipment.

Trailing cables shall be clamped to machines in a manner to protect
the cables from damage and to prevent strain on the electrical
connections.

Sec. 77.604 Protection of trailing cables.

Trailing cables shall be adequately protected to prevent damage by
mobile equipment.

Sec. 77.605 Breaking trailing cable and power cable connections.

Trailing cable and power cable connections between cables and to
power sources shall not be made or broken under load.

Sec. 77.606 Energized trailing cables; handling.

Energized medium- and high-voltage trailing cables shall be handled
only by persons wearing protective rubber gloves (see Sec. 77.606-1)
and, with such

[[Page 725]]

other protective devices as may be necessary and appropriate under the
circumstances.

Sec. 77.606-1 Rubber gloves; minimum requirements.

(a) Rubber gloves (lineman's gloves) worn while handling high-
voltage trailing cables shall be rated at least 20,000 volts and shall
be used and tested in accordance with the provisions of Sec. Sec.
77.704-6 through 77.704-8.
(b) Rubber gloves (wireman's gloves) worn while handling trailing
cables energized by 660 to 1,000 volts shall be rated at least 1,000
volts and shall not be worn inside out or without protective leather
gloves.
(c) Rubber gloves shall be inspected for defects before use on each
shift and at least once thereafter during the shift when such rubber
gloves are used for extended periods. All protective rubber gloves which
contain defects shall be discarded and replaced prior to handling
energized cables.

Subpart H_Grounding

Sec. 77.700 Grounding metallic sheaths, armors, and conduits
enclosing power conductors.

Metallic sheaths, armors, and conduits enclosing power conductors
shall be electrically continuous throughout and shall be grounded by
methods approved by an authorized representative of the Secretary.

Sec. 77.700-1 Approved methods of grounding.

Metallic sheaths, armors, and conduits in resistance grounded
systems, where the enclosed conductors are a part of the system, will be
approved if a solid connection is made to the neutral conductor; in all
other systems, the following methods of grounding will be approved:
(a) A solid connection to metal waterlines having low resistance to
earth;
(b) A solid connection to a grounding conductor, other than the
neutral conductor of a resistance grounded system, extending to a low-
resistance ground field;
(c) Any other method of grounding, approved by an authorized
representative of the Secretary, which ensures that there is no
difference in potential between such metallic enclosures and the earth.

Sec. 77.701 Grounding metallic frames, casings, and other enclosures
of electric equipment.

Sec. 77.701-1 Approved methods of grounding of equipment receiving power
from ungrounded alternating current power systems.

For purposes of grounding metallic frames, casings and other
enclosures of equipment receiving power from ungrounded alternating
current power systems, the following methods of grounding will be
approved:
(a) A solid connection between the metallic frame; casing, or other
metal enclosure and the grounded metallic sheath, armor, or conduit
enclosing the power conductor feeding the electric equipment enclosed;
(b) A solid connection to metal waterlines having low resistance to
earth;
(c) A solid connection to a grounding conductor extending to a low-
resistance ground field; and,
(d) Any other method of grounding, approved by an authorized
representative of the Secretary, which insures that there is no
difference in potential between such metal enclosures and the earth.

Sec. 77.701-2 Approved methods of grounding metallic frames, casings,
and other enclosures of electric equipment receiving power from
a direct-current power system.

(a) The following methods of grounding metallic frames, casings, and
other enclosures of electric equipment receiving power from a direct-
current power system with one polarity grounded will be approved:
(1) A solid connection to the grounded power conductor of the
system; and,

[[Page 726]]

(2) Any other method, approved by an authorized representative of
the Secretary, which insures that there is no difference in potential
between such metal enclosures and the earth.
(b) A method of grounding of metallic frames, casings, and other
enclosures of electric equipment receiving power from a direct-current
power system other than a system with one polarity grounded, will be
approved by an authorized representative of the Secretary if the method
insures that there is no difference in potential between such frames,
casings, and other enclosures, and the earth.

Sec. 77.701-3 Grounding wires; capacity.

Where grounding wires are used to ground metallic sheaths, armors,
conduits, frames, casings, and other metallic enclosures, such grounding
wires will be approved if:
(a) Where the power conductor used is No. 6 A.W.G., or larger, the
cross-sectional area of the grounding wire is at least one-half the
cross-sectional area of the power conductor.
(b) Where the power conductor used is less than No. 6 A.W.G., the
cross-sectional area of the grounding wire is equal to the cross-
sectional area of the power conductor.

Sec. 77.701-4 Use of grounding connectors.

If ground wires are attached to grounded power conductors, separate
clamps, suitable for such purpose, shall be used and installed to
provide a solid connection.

Sec. 77.702 Protection other than grounding.

Methods other than grounding which provide no less effective
protection may be permitted by the Secretary or his authorized
representative. Such methods may not be used unless so approved.

Sec. 77.703 Grounding frames of stationary high-voltage equipment
receiving power from ungrounded delta systems.

The frames of all stationary high-voltage equipment receiving power
from ungrounded delta systems shall be grounded by methods approved by
an authorized representative of the Secretary.

Sec. 77.703-1 Approved methods of grounding.

The methods of grounding stated in Sec. 77.701-1 will be approved
with respect to the grounding of frames of high-voltage equipment
referred to in Sec. 77.703.

Sec. 77.704 Work on high-voltage lines; deenergizing and grounding.

High-voltage lines shall be deenergized and grounded before work is
performed on them, except that repairs may be permitted on energized
high-voltage lines if (a) such repairs are made by a qualified person in
accordance with procedures and safeguards set forth in Sec. Sec.
77.704-1 through 77.704-11 of this Subpart H as applicable, and (b) the
operator has tested and properly maintained the protective devices
necessary in making such repairs.

Sec. 77.704-1 Work on high-voltage lines.

(a) No high-voltage line shall be regarded as deenergized for the
purpose of performing work on it, until it has been determined by a
qualified person (as provided in Sec. 77.103) that such high-voltage
line has been deenergized and grounded. Such qualified person shall by
visual observation (1) determine that the disconnecting devices on the
high-voltage circuit are in open position, and (2) insure that each
ungrounded conductor of the high-voltage circuit upon which work is to
be done is properly connected to the system grounding medium. In the
case of resistance grounded or solid wye-connected systems, the neutral
wire is the system grounding medium. In the case of an ungrounded power
system, either the steel armor or conduit enclosing the system or a
surface grounding field is a system grounding medium;
(b) No work shall be performed on any high-voltage line which is
supported by any pole or structure which also supports other high-
voltage lines until: (1) All lines supported on the pole or structure
are deenergized and grounded in accordance with all of the provisions of
this Sec. 77.704-1 which apply to the repair of deenergized surface
high-voltage lines; or (2) the provisions

[[Page 727]]

of Sec. Sec. 77.704-2 through 77.704-10 have been complied with, with
respect to all energized lines, which are supported on the pole or
structure.
(c) Work may be performed on energized surface high-voltage lines
only in accordance with the provisions of Sec. Sec. 77.704-2 through
77.704-10, inclusive.

Sec. 77.704-2 Repairs to energized high-voltage lines.

An energized high-voltage line may be repaired only when:
(a) The operator has determined that,
(1) Such repairs cannot be scheduled during a period when the power
circuit could be properly deenergized and grounded;
(2) Such repairs will be performed on power circuits with a phase-
to-phase nominal voltage no greater than 15,000 volts;
(3) Such repairs on circuits with a phase-to-phase nominal voltage
of 5,000 volts or more will be performed only with the use of live line
tools; and,
(4) Weather conditions will not interfere with such repairs or
expose those persons assigned to such work to an imminent danger; and,
(b) The operator has designated a person qualified under the
provisions of Sec. 77.104 as the person responsible for carrying out
such repairs and such person, in order to ensure protection for himself
and other qualified persons assigned to perform such repairs from the
hazards of such repair, has prepared and filed with the operator:
(1) A general description of the nature and location of the damage
or defect to be repaired;
(2) The general plan to be followed in making such repairs;
(3) A statement that a briefing of all qualified persons assigned to
make such repairs was conducted informing them of the general plan,
their individual assignments, and the dangers inherent in such
assignments;
(4) A list of the proper protective equipment and clothing that will
be provided; and
(5) Such other information as the person designated by the operator
feels necessary to describe properly the means or methods to be employed
in such repairs.

Sec. 77.704-3 Work on energized high-voltage surface lines; reporting.

Any operator designating and assigning qualified persons to perform
repairs on energized high-voltage surface lines under the provisions of
Sec. 77.704-2 shall maintain a record of such repairs. Such record
shall contain a notation of the time, date, location, and general nature
of the repairs made together with a copy of the information filed with
the operator by the qualified person designated as responsible for
performing such repairs.

Sec. 77.704-4 Simultaneous repairs.

Sec. 77.704-5 Installation of protective equipment.

Sec. 77.704-6 Protective clothing; use and inspection.

All persons performing work on energized high-voltage surface lines
shall wear protective rubber lineman's gloves, sleeves, and climber
guards if climbers are worn. Protective rubber gloves shall not be worn
wrong side out or without protective leather gloves. Protective devices
worn by a person assigned to perform repairs on high-voltage surface
lines shall be worn continuously from the time he leaves the ground
until he returns to the ground and, if such devices are employed for
extended periods, such person shall visually inspect the equipment
assigned him for defects before each use and, in no case, less than
twice each day.

[[Page 728]]

Sec. 77.704-7 Protective equipment; inspection.

Sec. 77.704-8 Protective equipment; testing and storage.

(a) All rubber protective equipment used on work on energized high-
voltage surface lines shall be electrically tested by the operator in
accordance with ASTM standards, Part 28, published February 1968, and
such testing shall be conducted in accordance with the following
schedule:
(1) Rubber gloves, once each month;
(2) Rubber sleeves, once every 3 months;
(3) Rubber blankets, once every 6 months;
(4) Insulator hoods and line hose, once a year; and
(5) Other electric protective equipment, once a year.
(b) Rubber gloves shall not be stored wrong side out. Blankets shall
be rolled when not in use, and line hose, and insulator hoods shall be
stored in their natural position and shape.

Sec. 77.704-9 Operating disconnecting or cutout switches.

Disconnecting or cutout switches on energized high-voltage surface
lines shall be operated only with insulated sticks, fuse tongs, or
pullers which are adequately insulated and maintained to protect the
operator from the voltage to which he is exposed. When such switches are
operated from the ground, the person using such devices shall wear
protective rubber lineman's gloves, except where such switches are
bonded to a metal mat as provided in Sec. 77.513.

Sec. 77.704-10 Tying into energized high-voltage surface circuits.

If the work of forming an additional circuit by tying into an
energized high-voltage surface line is performed from the ground, any
person performing such work must wear and employ all of the protective
equipment and clothing required under the provisions of Sec. Sec.
77.704-5 and 77.704-6. In addition, the insulated stick used by such
person must have been designed for such purpose and must be adequately
insulated and be maintained to protect such person from the voltage to
which he is exposed.

Sec. 77.704-11 Use of grounded messenger wires; ungrounded systems.

Solely for purposes of grounding ungrounded high-voltage power
systems, grounded messenger wires used to suspend the cables of such
systems may be used as a grounding medium.

Sec. 77.705 Guy wires; grounding.

Guy wires from poles supporting high-voltage transmission lines
shall be securely connected to the system ground or be provided with
insulators installed near the pole end.

Subpart I_Surface High-Voltage Distribution

Sec. 77.800 High-voltage circuits; circuit breakers.

High-voltage circuits supplying power to portable or mobile
equipment shall be protected by suitable circuit breakers of adequate
interrupting capacity which are properly tested and maintained and
equipped with devices to provide protection against under voltage,
grounded phase, short circuit and overcurrent. High-voltage circuits
supplying power to stationary equipment shall be protected against
overloads by either a circuit breaker or fuses of the correct type and
capacity.

Sec. 77.800-1 Testing, examination, and maintenance of circuit breakers;
procedures.

(a) Circuit breakers and their auxiliary devices protecting high-
voltage circuits to portable or mobile equipment shall be tested and
examined at least once each month by a person qualified as provided in
Sec. 77.103.
(b) Tests shall include:

[[Page 729]]

(1) Breaking continuity of the ground check conductor where ground
check monitoring is used; and,
(2) Actuating any of the auxiliary protective relays.
(c) Examination shall include visual observation of all components
of the circuit breaker and its auxiliary devices, and such repairs or
adjustments as are indicated by such tests and examinations shall be
carried out immediately.

Sec. 77.800-2 Testing, examination, and maintenance of circuit breakers;
record.

The operator shall maintain a written record of each test,
examination, repair, or adjustment of all circuit breakers protecting
high-voltage circuits. Such record shall be kept in a book approved by
the Secretary.

Sec. 77.801 Grounding resistors.

Sec. 77.801-1 Grounding resistors; continuous current rating.

The ground fault current rating of grounding resistors shall meet
the ``extended time rating'' set forth in American Institute of
Electrical Engineers, Standard No. 32.

Sec. 77.802 Protection of high-voltage circuits;
neutral grounding resistors; disconnecting devices.

High-voltage circuits supplying portable or mobile equipment shall
contain either a direct or derived neutral which shall be grounded
through a suitable resistor at the source transformers, and a grounding
circuit, originating at the grounded side of the grounding resistor,
shall extend along with the power conductors and serve as a grounding
conductor for the frames of all high-voltage equipment supplied power
from that circuit, except that the Secretary or his authorized
representative may permit other high-voltage circuits to feed stationary
electrical equipment, if he finds that such exception will not pose a
hazard to the miners. Disconnecting devices shall be installed and so
equipped or designed in such a manner that it can be determined by
visual observation that the power is disconnected.

Sec. 77.803 Fail safe ground check circuits on high-voltage resistance
grounded systems.

On and after September 30, 1971, all high-voltage, resistance
grounded systems shall include a fail safe ground check circuit or other
no less effective device approved by the Secretary to monitor
continuously the grounding circuit to assure continuity. The fail safe
ground check circuit shall cause the circuit breaker to open when either
the ground or ground check wire is broken.

Sec. 77.803-1 Fail safe ground check circuits; maximum voltage.

The maximum voltage used for ground check circuits under Sec.
77.803 shall not exceed 96 volts.

Sec. 77.803-2 Ground check systems not employing pilot check wires;
approval by the Secretary.

Ground check systems not employing pilot check wires shall be
approved by the Secretary only if it is determined that the system
includes a fail safe design which will cause the circuit interrupter to
open when ground continuity is broken.

Sec. 77.804 High-voltage trailing cables; minimum design requirements.

(a) High-voltage trailing cables used in resistance grounded systems
shall be equipped with metallic shields around each power conductor with
one or more ground conductors having a total cross-sectional area of not
less than one-half the power conductor, and with an insulated conductor
for the ground continuity check circuit. External ground check
conductors may be used if they are not smaller than No. 8 (AWG) and have
an insulation rated at least 600 volts.
(b) All such high-voltage trailing cables shall be adequate for the
intended

[[Page 730]]

current and voltage. Splices made in such cables shall provide
continuity of all components.

Sec. 77.805 Cable couplers and connection boxes; minimum design requirements.

(a)(1) Couplers that are used in medium- or high-voltage power
circuits shall be of the three-phase type and enclosed in a full
metallic shell, except that the Secretary may permit, under such
guidelines as he may prescribe, no less effective couplers constructed
of materials other than metal.
(2) Cable couplers shall be adequate for the intended current and
voltage.
(3) Cable couplers with any metal exposed shall be grounded to the
ground conductor in the cable.
(4) Couplers shall be constructed to cause the ground check
continuity conductor to break first and the ground conductor last when
being uncoupled when pilot check circuits are used.
(b) Cable connection boxes shall be of substantial construction and
designed to guard all energized parts from personal contact.

Sec. 77.806 Connection of single-phase loads.

Single-phase loads, such as transformer primaries, shall be
connected phase to phase in resistance grounded systems.

Sec. 77.807 Installation of high-voltage transmission cables.

High-voltage transmission cables shall be installed or placed so as
to afford protection against damage. They shall be placed to prevent
contact with low-voltage or communication circuits.

Sec. 77.807-1 High-voltage powerlines; clearances above ground.

High-voltage powerlines located above driveways, haulageways, and
railroad tracks shall be installed to provide the minimum vertical
clearance specified in National Electrical Safety Code: Provided,
however, That in no event shall any high-voltage powerline be installed
less than 15 feet above ground.

Sec. 77.807-2 Booms and masts; minimum distance from high-voltage lines.

The booms and masts of equipment operated on the surface of any coal
mine shall not be operated within 10 feet of an energized overhead
powerline. Where the voltage of overhead powerlines is 69,000 volts, or
more, the minimum distance from the boom or mast shall be as follows:

------------------------------------------------------------------------
Minimum
Nominal power line voltage (in 1,000 volts) distance
(feet)
------------------------------------------------------------------------
69 to 114................................................... 12
115 to 229.................................................. 15
230 to 344.................................................. 20
345 to 499.................................................. 25
500 or more................................................. 35
------------------------------------------------------------------------

Sec. 77.807-3 Movement of equipment; minimum distance
from high-voltage lines.

When any part of any equipment operated on the surface of any coal
mine is required to pass under or by any energized high-voltage
powerline and the clearance between such equipment and powerline is less
than that specified in Sec. 77.807-2 for booms and masts, such
powerlines shall be deenergized or other precautions shall be taken.

Sec. 77.808 Disconnecting devices.

Disconnecting devices shall be installed at the beginning of each
branch line in high-voltage circuits and they shall be equipped or
designed in such a manner that it can be determined by visual
observation that the circuit is deenergized when such devices are open.

Sec. 77.809 Identification of circuit breakers and disconnecting switches.

Circuit breakers and disconnecting switches shall be labeled to show
which units they control, unless identification can be made readily by
location.

Sec. 77.810 High-voltage equipment; grounding.

Frames, supporting structures, and enclosures of stationary,
portable, or mobile high-voltage equipment shall be effectively
grounded.

[[Page 731]]

Sec. 77.811 Movement of portable substations and transformers.

Portable substations and transformers shall be deenergized before
they are moved from one location to another.

Subpart J_Low- and Medium-Voltage Alternating Current Circuits

Sec. 77.900 Low- and medium-voltage circuits serving portable
or mobile three-phase alternating current equipment; circuit breakers.

Low- and medium-voltage circuits supplying power to portable or
mobile three-phase alternating current equipment shall be protected by
suitable circuit breakers of adequate interrupting capacity which are
properly tested and maintained and equipped with devices to provide
protection against undervoltage, grounded phase, short circuit, and
over-current.

Sec. 77.900-1 Testing, examination, and maintenance of circuit breakers;
procedures.

Circuit breakers protecting low- and medium-voltage circuits serving
portable or mobile three-phase alternating current equipment and their
auxiliary devices shall be tested and examined at least once each month
by a person qualified as provided in Sec. 77.103. In performing such
tests, the circuit breaker auxiliaries or control circuits shall be
actuated in any manner which causes the circuit breaker to open. All
components of the circuit breaker and its auxiliary devices shall be
visually examined and such repairs or adjustments as are indicated by
such tests and examinations shall be carried out immediately.

Sec. 77.900-2 Testing, examination, and maintenance of circuit breakers;
record.

The operator shall maintain a written record of each test,
examination, repair or adjustment of all circuit breakers protecting
low- and medium-voltage circuits serving three-phase alternating current
equipment and such record shall be kept in a book approved by the
Secretary.

Sec. 77.901 Protection of low- and medium-voltage three-phase circuits.

(a) Low- and medium-voltage circuits supplying power to portable or
mobile three-phase alternating equipment shall contain:
(1) Either a direct or derived neutral grounded through a suitable
resistor at the power source;
(2) A grounding circuit originating at the grounded side of the
grounding resistor which extends along with the power conductors and
serves as a grounding conductor for the frames of all the electric
equipment supplied power from the circuit.
(b) Grounding resistors, where required, shall be of an ohmic value
which limits the ground fault current to no more than 25 amperes. Such
grounding resistors shall be rated for maximum fault current
continuously and provide insulation from ground for a voltage equal to
the phase-to-phase voltage of the system.
(c) Low- and medium-voltage circuits supplying power to three-phase
alternating current stationary electric equipment shall comply with the
National Electric Code.

Sec. 77.901-1 Grounding resistor; continuous current rating.

The ground fault current rating of grounding resistors shall meet
the ``extended time rating'' set forth in American Institute of
Electrical Engineers Standard No. 32.

Sec. 77.902 Low- and medium-voltage ground check monitor circuits.

On and after September 30, 1971, three-phase low- and medium-voltage
resistance grounded systems to portable and mobile equipment shall
include a fail safe ground check circuit or other no less effective
device approved by the Secretary to monitor continuously the grounding
circuit to assure continuity. The fail safe ground check circuit shall
cause the circuit breaker to open when either the ground or pilot check
wire is broken. Cable couplers shall be constructed to cause the ground
check continuity conductor to break first and the ground conductor last
when being uncoupled when pilot check circuits are used.

[[Page 732]]

Sec. 77.902-1 Fail safe ground check circuits; maximum voltage.

The maximum voltage used for ground check circuits under Sec.
77.902 shall not exceed 40 volts.

Sec. 77.902-2 Approved ground check systems not employing pilot check wires.

Ground check systems not employing pilot check wires shall be
approved by the Secretary only after it has been determined that the
system includes a fail safe design causing the circuit breaker to open
when ground continuity is broken.

Sec. 77.902-3 Attachment of ground conductors and ground check wires
to equipment frames; use of separate connections.

In grounding the frames of stationary, portable, or mobile equipment
receiving power from resistance grounded systems, separate connections
shall be used.

Sec. 77.903 Disconnecting devices.

Disconnecting devices shall be installed in circuits supplying power
to portable or mobile equipment and shall provide visual evidence that
the power is disconnected.

Sec. 77.904 Identification of circuit breakers.

Circuit breakers shall be labeled to show which circuits they
control unless identification can be made readily by location.

Sec. 77.905 Connection of single-phase loads.

Single-phase loads shall be connected phase-to-phase in resistance
grounded systems.

Sec. 77.906 Trailing cables supplying power to low-voltage mobile equipment;
ground wires and ground check wires.

On and after September 30, 1971, all trailing cables supplying power
to portable or mobile equipment from low-voltage three-phase resistance
grounded power systems shall contain one or more ground conductors
having a cross-sectional area of not less than one-half the power
conductor. Such trailing cables shall include an insulated conductor for
the ground continuity check circuit except where a no less effective
device has been approved by the Secretary to assure continuity. Splices
made in low-voltage trailing cables shall provide continuity of all
components.

Subpart K_Ground Control

Sec. 77.1000 Highwalls, pits and spoil banks; plans.

Each operator shall establish and follow a ground control plan for
the safe control of all highwalls, pits and spoil banks to be developed
after June 30, 1971, which shall be consistent with prudent engineering
design and will insure safe working conditions. The mining methods
employed by the operator shall be selected to insure highwall and spoil
bank stability.

Sec. 77.1000-1 Filing of plan.

The operator shall file a copy of such plan, and revisions thereof,
with the MSHA Coal Mine Safety and Health district office for the
district in which the mine is located, and shall identify the name and
location of the mine; the Mine Safety and Health Administration
identification number if known; and the name and address of the mine
operator.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[36 FR 9364, May 22, 1971, as amended at 60 FR 33723, June 29, 1995; 71
FR 16669, Apr. 3, 2006]

Sec. 77.1001 Stripping; loose material.

Loose hazardous material shall be stripped for a safe distance from
the top of pit or highwalls, and the loose unconsolidated material shall
be sloped to the angle of repose, or barriers, baffle boards, screens,
or other devices be provided that afford equivalent protection.

Sec. 77.1002 Box cuts; spoil material placement.

When box cuts are made, necessary precautions shall be taken to
minimize the possibility of spoil material rolling into the pit.

[[Page 733]]

Sec. 77.1003 Benches.

To insure safe operation, the width and height of benches shall be
governed by the type of equipment to be used and the operation to be
performed.

Sec. 77.1004 Ground control; inspection and maintenance; general.

(a) Highwalls, banks, benches, and terrain sloping into the working
areas shall be examined after every rain, freeze, or thaw before men
work in such areas, and such examination shall be made and recorded in
accordance with Sec. 77.1713.
(b) Overhanging highwalls and banks shall be taken down and other
unsafe ground conditions shall be corrected promptly, or the area shall
be posted.

Sec. 77.1005 Scaling highwalls; general.

(a) Hazardous areas shall be scaled before any other work is
performed in the hazardous area. When scaling of highwalls is necessary
to correct conditions that are hazardous to persons in the area, a safe
means shall be provided for performing such work.
(b) Whenever it becomes necessary for safety to remove hazardous
material from highwalls by hand, the hazardous material shall be
approached from a safe direction and the material removed from a safe
location.

Sec. 77.1006 Highwalls; men working.

(a) Men, other than those necessary to correct unsafe conditions,
shall not work near or under dangerous highwalls or banks.
(b) Except as provided in paragraph (c) of this section, men shall
not work between equipment and the highwall or spoil bank where the
equipment may hinder escape from falls or slides.
(c) Special safety precautions shall be taken when men are required
to perform repair work between immobilized equipment and the highwall or
spoil bank and such equipment may hinder escape from falls or slides.

Sec. 77.1007 Drilling; general.

(a) Equipment that is to be used during a shift shall be inspected
each shift by a competent person. Equipment defects affecting safety
shall be reported.
(b) Equipment defects affecting safety shall be corrected before the
equipment is used.

Sec. 77.1008 Relocation of drills; safeguards.

(a) When a drill is being moved from one drilling area to another,
drill steel, tools, and other equipment shall be secured and the mast
placed in a safe position.
(b) When a drill helper is used his location shall be made known to
the operator at all times when the drill is being moved.

Sec. 77.1009 Drill; operation.

(a) While in operation drills shall be attended at all times.
(b) Men shall not drill from positions that hinder their access to
the control levers, or from insecure footing or staging, or from atop
equipment not designed for this purpose.
(c) Men shall not be on a mast while the drill bit is in operation
unless a safe platform is provided and safety belts are used.
(d) Drill crews and others shall stay clear of augers or drill stems
that are in motion. Persons shall not pass under or step over a moving
stem or auger.
(e) In the event of power failure, drill controls shall be placed in
the neutral position until power is restored.
(f) When churn drills or vertical rotary drills are used, drillers
shall not be permitted to work under suspended tools, and when collaring
holes, inspecting, or during any operation in which tools are removed
from the hole, all tools shall be lowered to the ground or platform.

Sec. 77.1010 Collaring holes.

(a) Starter steels shall be used when collaring holes with hand-held
drills.
(b) Men shall not hold the drill steel while collaring holes, or
rest their hands on the chuck or centralizer while drilling.

Sec. 77.1011 Drill holes; guarding.

Drill holes large enough to constitute a hazard shall be covered or
guarded.

[[Page 734]]

Sec. 77.1012 Jackhammers; operation; safeguards.

Men operating or working near jackhammers or jackleg drills, or
other drilling machines shall position themselves so that they will not
be struck or lose their balance if the drill steel breaks or sticks.

Sec. 77.1013 Air drills; safeguards.

Air shall be turned off and bled from the air hoses before hand-held
air drills are moved from one working area to another.

Subpart L_Fire Protection

Sec. 77.1100 Fire protection; training and organization.

Firefighting facilities and equipment shall be provided commensurate
with the potential fire hazards at each structure, enclosure and other
facility (including custom coal preparation) at the mine and the
employees at such facilities shall be instructed and trained annually in
the use of such firefighting facilities and equipment.

Sec. 77.1101 Escape and evacuation; plan.

(a) Before September 30, 1971, each operator of a mine shall
establish and keep current a specific escape and evacuation plan to be
followed in the event of a fire.
(b) All employees shall be instructed on current escape and
evacuation plans, fire alarm signals, and applicable procedures to be
followed in case of fire.
(c) Plans for escape and evacuation shall include the designation
and proper maintenance of adequate means for exit from all areas where
persons are required to work or travel including buildings and equipment
and in areas where persons normally congregate during the work shift.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971; 60
FR 33723, June 29, 1995]

Sec. 77.1102 Warning signs; smoking and open flame.

Signs warning against smoking and open flames shall be posted so
they can be readily seen in areas or places where fire or explosion
hazards exist.

Sec. 77.1103 Flammable liquids; storage.

(a) Flammable liquids shall be stored in accordance with standards
of the National Fire Protection Association. Small quantities of
flammable liquids drawn from storage shall be kept in properly
identified safety cans.
(b) Unburied flammable-liquid storage tanks shall be mounted
securely on firm foundations. Outlet piping shall be provided with
flexible connections or other special fittings to prevent adverse
effects from tank settling.
(c) Fuel lines shall be equipped with valves to cut off fuel at the
source and shall be located and maintained to minimize fire hazards.
(d) Areas surrounding flammable-liquid storage tanks and electric
substations and transformers shall be kept free from grass (dry), weeds,
underbrush, and other combustible materials such as trash, rubbish,
leaves and paper, for at least 25 feet in all directions.

Sec. 77.1104 Accumulations of combustible materials.

Combustible materials, grease, lubricants, paints, or flammable
liquids shall not be allowed to accumulate where they can create a fire
hazard.

Sec. 77.1105 Internal combustion engines; fueling.

Internal combustion engines, except diesels, shall be shut off and
stopped before being fueled.

Sec. 77.1106 Battery-charging stations; ventilation.

Battery-charging stations shall be located in well-ventilated areas.
Battery-charging stations shall be equipped with reverse current
protection where such stations are connected directly to direct current
power systems.

Sec. 77.1107 Belt conveyors.

Belt conveyors in locations where fire would create a hazard to
personnel shall be provided with switches to stop the drive pulley
automatically in the event of excessive slippage.

[[Page 735]]

Sec. 77.1108 Firefighting equipment; requirements; general.

On and after September 30, 1971, each operator of a coal mine shall
provide an adequate supply of firefighting equipment which is adapted to
the size and suitable for use under the conditions present on the
surface at the mine.

[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971]

Sec. 77.1108-1 Type and capacity of firefighting equipment.

Firefighting equipment required under this Sec. 77.1108 shall meet
the following minimum requirements:
(a) Waterlines. Waterlines shall be capable of delivering 50 gallons
of water a minute at a nozzle pressure of 50 pounds per square inch.
Where storage tanks are used as a source of water supply, the tanks
shall be of 1,000-gallon capacity for each 1,000 tons of coal processed
(average) per shift.
(b) Fire extinguishers. Fire extinguishers shall be:
(1) Of the appropriate type for the particular fire hazard involved;
(2) Adequate in number and size for the particular fire hazard
involved;
(3) Replaced immediately with fully charged extinguishers after any
discharge is made from an extinguisher; and
(4) Approved by the Underwriter's Laboratories, Inc., or the Factory
Mutual Research Corp., or other competent testing agency acceptable to
the Mine Safety and Health Administration.
(c) Fire hose. Fire hose and couplings shall meet the requirements
of the Underwriter's Laboratories, Inc., or Factory Mutual Research
Corp.'s specifications. Cotton or cotton-polyester jacketed hose shall
be treated in accordance with the U.S. Department of Agriculture Forest
Service Specification 182 for mildew resistance. The water pressure at
the hose nozzle shall not be excessively high so as to present a hazard
to the nozzle operator.

[36 FR 9364, May 22, 1971, as amended at 47 FR 28096, June 29, 1982]

Sec. 77.1109 Quantity and location of firefighting equipment.

Preparation plants, dryer plants, tipples, drawoff tunnels, shops,
and other surface installations shall be equipped with the following
firefighting equipment.
(a) Each structure presenting a fire hazard shall be provided with
portable fire extinguishers commensurate with the potential fire hazard
at the structure in accordance with the recommendations of the National
Fire Protection Association.
(b) Preparation plants shall be equipped with waterlines, with
outlet valves on each floor, and with sufficient fire hose to project a
water stream to any point in the plant. However, where freezing
conditions exist or water is not available, a 125-pound multipurpose dry
powder extinguisher may be substituted for the purposes of this
paragraph (b) for each 2,500 square feet of floor space in a wooden or
other flammable structure, or for each 5,000 square feet of floor space
in a metal, concrete-block, or other type of non-flammable construction.
(c)(1) Mobile equipment, including trucks, front-end loaders,
bulldozers, portable welding units, and augers, shall be equipped with
at least one portable fire extinguisher.
(2) Power shovels, draglines, and other large equipment shall be
equipped with at least one portable fire extinguisher; however,
additional fire extinguishers may be required by an authorized
representative of the Secretary.
(3) Auxiliary equipment such as portable drills, sweepers, and
scrapers, when operated more than 600 feet from equipment required to
have portable fire extinguishers, shall be equipped with at least one
fire extinguisher.
(d) Fire extinguishers shall be provided at permanent electrical
installations commensurate with the potential fire hazard at such
installation in accordance with the recommendations of the National Fire
Protection Association.
(e) Two portable fire extinguishers, or the equivalent, shall be
provided at each of the following combustible liquid storage
installations:

[[Page 736]]

(1) Near each above ground or unburied combustible liquid storage
station; and,
(2) Near the transfer pump of each buried combustible liquid storage
tank.
(f) Vehicles transporting explosives and blasting agents shall be
equipped with fire protection as recommended in Code 495, section 20,
National Fire Protection Association Handbook, 12th Edition, 1962.

Sec. 77.1110 Examination and maintenance of firefighting equipment.

Firefighting equipment shall be continuously maintained in a usable
and operative condition. Fire extinguishers shall be examined at least
once every 6 months and the date of such examination shall be recorded
on a permanent tag attached to the extinguisher.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[36 FR 9364, May 22, 1971, as amended at 60 FR 33723, June 29, 1995]

Sec. 77.1111 Welding, cutting, soldering; use of fire extinguisher.

One portable fire extinguisher shall be provided at each location
where welding, cutting, or soldering with arc or flame is performed.

Sec. 77.1112 Welding, cutting, or soldering with arc or flame; safeguards.

(a) When welding, cutting, or soldering with arc or flame near
combustible materials, suitable precautions shall be taken to insure
that smoldering metal or sparks do not result in a fire.
(b) Before welding, cutting, or soldering is performed in areas
likely to contain methane, an examination for methane shall be made by a
qualified person with a device approved by the Secretary for detecting
methane. Examinations for methane shall be made immediately before and
periodically during welding, cutting, or soldering and such work shall
not be permitted to commence or continue in air which contains 1.0
volume per centum or more of methane.

Subpart M_Maps

Sec. 77.1200 Mine map.

The operator shall maintain an accurate and up-to-date map of the
mine, on a scale of not less than 100 nor more than 500 feet to the
inch, at or near the mine, in an area chosen by the mine operator, with
a duplicate copy on file at a separate and distinct location, to
minimize the danger of destruction by fire or other hazard. The map
shall show:
(a) Name and address of the mine;
(b) The property or boundary lines of the active areas of the mine;
(c) Contour lines passing through whole number elevations of the
coalbed being mined. The spacing of such lines shall not exceed 25-foot
elevation levels, except that a broader spacing of contour lines may be
approved by the District Manager for steeply pitching coalbeds. Contour
lines may be placed on overlays or tracings attached to mine maps.
(d) The general elevation of the coalbed or coalbeds being mined,
and the general elevation of the surface;
(e) Either producing or abandoned oil and gas wells located on the
mine property;
(f) The location and elevation of any body of water dammed or held
back in any portion of the mine: Provided, however, Such bodies of water
may be shown on overlays or tracings attached to the mine maps;
(g) All prospect drill holes that penetrate the coalbed or coalbeds
being mined on the mine property;
(h) All auger and strip mined areas of the coalbed or coalbeds being
mined on the mine property together with the line of maximum depth of
holes drilled during auger mining operations.
(i) All worked out and abandoned areas;
(j) The location of railroad tracks and public highways leading to
the mine, and mine buildings of a permanent nature with identifying
names shown;
(k) Underground mine workings underlying and within 1,000 feet of
the active areas of the mine;
(l) The location and description of at least two permanent base line
points, and the location and description of at

[[Page 737]]

least two permanent elevation bench marks used in connection with
establishing or referencing mine elevation surveys; and,
(m) The scale of the map.

Sec. 77.1201 Certification of mine maps.

Mine maps shall be made or certified by an engineer or surveyor
registered by the State in which the mine is located.

Sec. 77.1202 Availability of mine map.

The mine map maintained in accordance with the provisions of Sec.
77.1200 shall be available for inspection by the Secretary or his
authorized representative.

Subpart N_Explosives and Blasting

Sec. 77.1300 Explosives and blasting.

(a) No explosives, blasting agent, detonator, or any other related
blasting device or material shall be stored, transported, carried,
handled, charged, fired, destroyed, or otherwise used, employed or
disposed of by any person at a coal mine except in accordance with the
provisions of Sec. Sec. 77.1301 through 77.1304, inclusive.
(b) The term ``explosives'' as used in this Subpart N includes
blasting agents. The standards in this Subpart N in which the term
``explosives'' appears are applicable to blasting agents (as well as to
other explosives) unless blasting agents are expressly excluded.

Sec. 77.1301 Explosives; magazines.

(a) Detonators and explosives other than blasting agents shall be
stored in magazines.
(b) Detonators shall not be stored in the same magazine with
explosives.
(c) Magazines other than box type shall be:
(1) Located in accordance with the current American Table of
Distances for storage of explosives.
(2) Detached structures located away from powerlines, fuel storage
areas, and other possible sources of fire.
(3) Constructed substantially of noncombustible material or covered
with fire-resistant material.
(4) Reasonably bullet resistant.
(5) Electrically bonded and grounded if constructed of metal.
(6) Made of nonsparking materials on the inside, including floors.
(7) Provided with adequate and effectively screened ventilation
openings near the floor and ceiling.
(8) Kept locked securely when unattended.
(9) Posted with suitable danger signs so located that a bullet
passing through the face of a sign will not strike the magazine.
(10) Used exclusively for storage of explosives or detonators and
kept free of all extraneous materials.
(11) Kept clean and dry in the interior, and in good repair.
(12) Unheated, unless heated in a manner that does not create a fire
or explosion hazard.
(d) Box-type magazines used to store explosives or detonators in
work areas shall be constructed with only nonsparking material inside
and equipped with covers or doors and shall be located out of the line
of blasts.
(e) Secondary and box-type magazines shall be suitably labeled.
(f) Detonator-storage magazines shall be separated by at least 25
feet from explosive-storage magazines.
(g) Cases or boxes containing explosives shall not be stored in
magazines on their ends or sides nor stacked more than 6 feet high.
(h) Ammonium nitrate-fuel oil blasting agents shall be physically
separated from other explosives, safety fuse, or detonating cord stored
in the same magazine and in such a manner that oil does not contaminate
the other explosives, safety fuse or detonating cord.

Sec. 77.1302 Vehicles used to transport explosives.

(a) Vehicles used to transport explosives, other than blasting
agents, shall have substantially constructed bodies, no sparking metal
exposed in the cargo space, and shall be equipped with suitable sides
and tail gates; explosives shall not be piled higher than the side or
end.
(b) Vehicles containing explosives or detonators shall be maintained
in good condition and shall be operated at a

[[Page 738]]

safe speed and in accordance with all safe operating practices.
(c) Vehicles containing explosives or detonators shall be posted
with proper warning signs.
(d) Other materials or supplies shall not be placed on or in the
cargo space of a conveyance containing explosives, detonating cord or
detonators, except for safety fuse and except for properly secured
nonsparking equipment used expressly in the handling of such explosives,
detonating cord or detonators.
(e) Explosives and detonators shall be transported in separate
vehicles unless separated by 4 inches of hardwood or the equivalent.
(f) Explosives or detonators shall be transported promptly without
undue delays in transit.
(g) Explosives or detonators shall be transported at times and over
routes that expose a minimum number of persons.
(h) Only the necessary attendants shall ride on or in vehicles
containing explosives or detonators.
(i) Vehicles shall be attended, whenever practical and possible,
while loaded with explosives or detonators.
(j) When vehicles containing explosives or detonators are parked,
the brakes shall be set, the motive power shut off, and the vehicles
shall be blocked securely against rolling.
(k) Vehicles containing explosives or detonators shall not be taken
to a repair garage or shop for any purpose.

Sec. 77.1303 Explosives, handling and use.

(a) Persons who use or handle explosives or detonators shall be
experienced men who understand the hazards involved; trainees shall do
such work only under the supervision of and in the immediate presence of
experienced men.
(b) Blasting operations shall be under the direct control of
authorized persons.
(c) Substantial nonconductive closed containers shall be used to
carry explosives, other than blasting agents to the blasting site.
(d) Damaged or deteriorated explosives or detonators shall be
destroyed in a safe manner.
(e) Where electric blasting is to be performed, electric circuits to
equipment in the immediate area to be blasted shall be deenergized
before explosives or detonators are brought into the area; the power
shall not be turned on again until after the shots are fired.
(f) Explosives shall be kept separated from detonators until
charging is started.
(g) Areas in which charged holes are awaiting firing shall be
guarded, or barricaded and posted, or flagged against unauthorized
entry.
(h) Ample warning shall be given before blasts are fired. All
persons shall be cleared and removed from the blasting area unless
suitable blasting shelters are provided to protect men endangered by
concussion or flyrock from blasting.
(i) Lead wires and blasting lines shall not be strung across power
conductors, pipelines, railroad tracks, or within 20 feet of bare
powerlines. They shall be protected from sources of static or other
electrical contact.
(j) For the protection of underground workers, special precautions
shall be taken when blasting in close proximity to underground
operations, and no blasting shall be done that would be hazardous to
persons working underground.
(k) Holes shall not be drilled where there is danger of intersecting
a charged or misfired hole.
(l) Only wooden or other nonsparking implements shall be used to
punch holes in an explosive cartridge.
(m) Tamping poles shall be blunt and squared at one end and made of
wood, nonsparking material, or of special plastic acceptable to the Mine
Safety and Health Administration.
(n) Delay connectors for firing detonating cord shall be treated and
handled with the same safety precautions as blasting caps and electric
detonators.
(o) Capped primers shall be made up at the time of charging and as
close to the blasting site as conditions allow.
(p) A capped primer shall be prepared so that the detonator is
contained securely and is completely embedded within the explosive
cartridge.
(q) No tamping shall be done directly on a capped primer.

[[Page 739]]

(r) Detonating cord shall not be used if it has been kinked, bent,
or otherwise handled in such a manner that the train of detonation may
be interrupted.
(s) Fuse shall not be used if it has been kinked, bent sharply, or
handled roughly in such a manner that the train of deflagration may be
interrupted.
(t) Blasting caps shall be crimped to fuses only with implements
designed for that specific purpose.
(u) When firing from 1 to 15 blast-holes with safety fuse ignited
individually using hand-held lighters, the fuses shall be of such
lengths to provide the minimum burning time specified in the following
table for a particular size round:

------------------------------------------------------------------------
Minimum
burning
Number of holes in a round time,
minutes
------------------------------------------------------------------------
1........................................................... 2
2 to 5...................................................... 2\2/3\
6 to 10..................................................... 3\1/3\
11 to 15.................................................... 5
------------------------------------------------------------------------

In no case shall any 40-second-per-foot safety fuse less than 36 inches
long or any 30-second-per-foot safety fuse less than 48 inches long be
used.
(v) The burning rate of the safety fuse in use at any time shall be
measured, posted in conspicuous locations, and brought to the attention
of all men concerned with blasting.
(w) Electric detonators of different brands shall not be used in the
same round.
(x) Adequate priming shall be employed to guard against misfires,
increased toxic fumes, and poor performance.
(y) Except when being tested with a blasting galvanometer:
(1) Electric detonators shall be kept shunted until they are being
connected to the blasting line or wired into a blasting round.
(2) Wired rounds shall be kept shunted until they are being
connected to the blasting line.
(3) Blasting lines shall be kept shunted until immediately before
blasting.
(z) Completely wired rounds shall be tested with a blasting
galvanometer before connections are made to the blasting line.
(aa) Permanent blasting lines shall be properly supported,
insulated, and kept in good repair.
(bb) At least a 5-foot airgap shall be provided between the blasting
circuit and the power circuit.
(cc) When instantaneous blasting is performed, the double-trunkline
or loop system shall be used in detonating-cord blasting.
(dd) When instantaneous blasting is performed, trunklines, in
multiple-row blasts, shall make one or more complete loops, with
crossties between loops at intervals of not over 200 feet.
(ee) All detonating cord knots shall be tight and all connections
shall be kept at right angles to the trunklines.
(ff) Power sources shall be suitable for the number of electrical
detonators to be fired and for the type of circuits used.
(gg) Electric circuits from the blasting switches to the blast area
shall not be grounded.
(hh) Safety switches and blasting switches shall be labeled, encased
in boxes, and arranged so that the covers of the boxes cannot be closed
with the switches in the through-circuit or firing position.
(ii) Blasting switches shall be locked in the open position, except
when closed to fire the blast. Lead wires shall not be connected to the
blasting switch until the shot is ready to be fired.
(jj) The key or other control to an electrical firing device shall
be entrusted only to the person designated to fire the round or rounds.
(kk) If branch circuits are used when blasts are fired from power
circuits, safety switches located at safe distances from the blast areas
shall be provided in addition to the main blasting switch.
(ll) Misfires shall be reported to the proper supervisor and shall
be disposed of safely before any other work is performed in that
blasting area.
(mm) When safety fuse has been used, men shall not return to
misfired holes for at least 30 minutes.
(nn) When electric blasting caps have been used, men shall not
return to misfired holes for at least 15 minutes.

[[Page 740]]

(oo) If explosives are suspected of burning in a hole, all persons
in the endangered area shall move to a safe location and no one should
return to the hole until the danger has passed, but in no case within 1
hour.
(pp) Blasted areas shall be examined for undetonated explosives
after each blast and undetonated explosives found shall be disposed of
safely.
(qq) Blasted areas shall not be reentered by any person after firing
until such time as concentrations of smoke, dust, or fumes have been
reduced to safe limits.
(rr) In secondary blasting, if more than one shot is to be fired at
one time, blasting shall be done electrically or with detonating cord.
(ss) Unused explosives and detonators shall be moved to a safe
location as soon as charging operations are completed.
(tt) When electric detonators are used, charging shall be stopped
immediately when the presence of static electricity or stray currents is
detected; the condition shall be remedied before charging is resumed.
(uu) When electric detonators are used, charging shall be suspended
and men withdrawn to a safe location upon the approach of an electrical
storm.

Sec. 77.1304 Blasting agents; special provisions.

(a) Sensitized ammonium nitrate blasting agents, and the components
thereof prior to mixing, shall be mixed and stored in accordance with
the recommendations in Bureau of Mines Information Circular 8179,
``Safety Recommendations for Sensitized Ammonium Nitrate Blasting
Agents,'' or subsequent revisions.
(b) Where pneumatic loading is employed, before any type of blasting
operation using blasting agents is put into effect, an evaluation of the
potential hazard of static electricity shall be made. Adequate steps,
including the grounding and bonding of the conductive parts of pneumatic
loading equipment, shall be taken to eliminate the hazard of static
electricity before blasting agent use is commenced.
(c) Pneumatic loading equipment shall not be grounded to waterlines,
airlines, rails, or the permanent electrical grounding systems.
(d) Hoses used in connection with pneumatic loading machines shall
be of the semiconductive type, having a total resistance low enough to
permit the dissipation of static electricity and high enough to limit
the flow of stray electric currents to a safe level. Wire-countered hose
shall not be used because of the potential hazard from stray electric
currents.

Subpart O_Personnel Hoisting

Sec. 77.1400 Personnel hoists and elevators.

Except as provided in Sec. 77.1430, the sections in this Subpart O
apply only to hoists and elevators, together with their appurtenances,
that are used for hoisting persons.

(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as
amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811))

[48 FR 53241, Nov. 25, 1983]

Sec. 77.1401 Automatic controls and brakes.

Hoists and elevators shall be equipped with overspeed, overwind, and
automatic stop controls and with brakes capable of stopping the elevator
when fully loaded.

Sec. 77.1402 Rated capacity.

Hoists and elevators shall have rated capacities consistent with the
loads handled.

(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as
amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811))

[48 FR 53241, Nov. 25, 1983]

Sec. 77.1402-1 Maximum load; posting.

The operator shall designate the maximum number of men permitted to
ride on each hoist or elevator at one time; this limit shall be posted
on each elevator and on each landing.

[36 FR 9364, May 22, 1971. Redesignated at 48 FR 53241, Nov. 25, 1983]

Sec. 77.1403 Daily examination of hoisting equipment.

Hoists and elevators shall be examined daily and such examinations
shall

[[Page 741]]

include, but not be limited to, the following:
(a) Elevators. (1) A visual examination of the ropes for wear,
broken wires, and corrosion, especially at excessive strain points such
as near the attachments and where the rope rests on the sheaves;
(2) An examination of the elevator for loose, missing or defective
parts;
(b) Hoists and elevators. (1) An examination of the rope fastenings
for defects;
(2) An examination of sheaves for broken flanges, defective
bearings, rope alignment, and proper lubrication; and
(3) An examination of the automatic controls and brakes required
under Sec. 77.1401.

(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as
amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811)

[48 FR 53241, Nov. 25, 1983]

Sec. 77.1404 Certifications and records of daily examinations.

At the completion of each daily examination required by Sec.
77.1403, the person making the examination shall certify, by signature
and date, that the examination has been made. If any unsafe condition is
found during the examinations required by Sec. 77.1403, the person
conducting the examination shall make a record of the condition and the
date. Certifications and records shall be retained for one year.

(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as
amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811))

[48 FR 53241, Nov. 25, 1983, as amended at 60 FR 33723, June 29, 1995]

Sec. 77.1405 Operation of hoisting equipment after repairs.

Empty conveyances shall be operated at least one round trip before
hoisting persons after any repairs.

(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as
amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811))

[48 FR 53241, Nov. 25, 1983]

Wire Ropes

Authority: Sections 77.1430 through 77.1438 issued under sec. 101,
Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by
Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811).

Source: Sections 77.1430 through 77.1438 appear at 48 FR 53241, Nov.
25, 1983, unless otherwise noted.

Sec. 77.1430 Wire ropes; scope.

(a) Sections 77.1431 through 77.1438 apply to wire ropes in service
used to hoist--
(1) Persons in shafts and slopes underground;
(2) Persons with an incline hoist on the surface; or
(3) Loads in shaft or slope development when persons work below
suspended loads.
(b) These standards do not apply to wire ropes used for elevators.

Sec. 77.1431 Minimum rope strength.

For rope lengths less than 3,000 feet:
Minimum Value = Static Load x (7.0-0.001L)
For rope lengths 3,000 feet or greater:
Minimum Value = Static Load x 4.0

(b) Friction drum ropes.

For rope lengths less than 4,000 feet:
Minimum Value = Static Load x (7.0-0.0005L)
For rope lengths 4,000 feet or greater:
Minimum Value = Static Load x 5.0

Minimum Value = Weight of Rope x 7.0

[48 FR 53241, Nov. 25, 1983; 48 FR 54975, Dec. 8, 1983]

Sec. 77.1432 Initial measurement.

[[Page 742]]

shall be retained until the rope is retired from service.

[48 FR 53241, Nov. 25, 1983, as amended at 60 FR 33723, June 29, 1995]

Sec. 77.1433 Examinations.

(a) At least once every fourteen calendar days, each wire rope in
service shall be visually examined along its entire active length for
visible structural damage, corrosion, and improper lubrication or
dressing. In addition, visual examination for wear and broken wires
shall be made at stress points, including the area near attachments,
where the rope rests on sheaves, where the rope leaves the drum, at drum
crossovers, and at change-of-layer regions. When any visible condition
that results in a reduction of rope strength is present, the affected
portion of the rope shall be examined on a daily basis.
(b) Before any person is hoisted with a newly installed wire rope or
any wire rope that has not been examined in the previous fourteen
calendar days, the wire rope shall be examined in accordance with
paragraph (a) of this section.
(c) At least once every six months, nondestructive tests shall be
conducted of the active length of the rope, or rope diameter
measurements shall be made--
(1) Wherever wear is evident;
(2) Where the hoist rope rests on sheaves at regular stopping
points;
(3) Where the hoist rope leaves the drum at regular stopping points;
and
(4) At drum crossover and change-of-layer regions.
(d) At the completion of each examination required by paragraph (a)
of this section, the person making the examination shall certify, by
signature and date, that the examination has been made. If any condition
listed in paragraph (a) of this standard is present, the person
conducting the examination shall make a record of the condition and the
date. Certifications and records of examinations shall be retained for
one year.
(e) The person making the measurements or nondestructive tests as
required by paragraph (c) of this section shall record the measurements
or test results and the date. This record shall be retained until the
rope is retired from service.

[48 FR 53241, Nov. 25, 1983; 48 FR 54975, Dec. 8, 1983, 60 FR 33723,
June 29, 1995]

Sec. 77.1434 Retirement criteria.

Unless damage or deterioration is removed by cutoff, wire ropes
shall be removed from service when any of the following conditions
occurs:
(a) The number of broken wires within a rope lay length, excluding
filler wires, exceeds either--
(1) Five percent of the total number of wires; or
(2) Fifteen percent of the total number of wires within any strand;
(b) On a regular lay rope, more than one broken wire in the valley
between strands in one rope lay length;
(c) A loss of more than one-third of the original diameter of the
outer wires;
(d) Rope deterioration from corrosion;
(e) Distortion of the rope structure;
(f) Heat damage from any source;
(g) Diameter reduction due to wear that exceeds six percent of the
baseline diameter measurement; or
(h) Loss of more than ten percent of rope strength as determined by
nondestructive testing.

Sec. 77.1435 Load end attachments.

Sec. 77.1436 Drum end attachment.

[[Page 743]]

the attachment is a design feature of the hoist drum. Design feature
means either the manufacturer's original design or a design approved by
a registered professional engineer.
(b) A minimum of three full turns of wire rope shall be on the drum
when the rope is extended to its maximum working length.

Sec. 77.1437 End attachment retermination.

Sec. 77.1438 End attachment replacement.

Wire rope attachments shall be replaced when cracked, deformed, or
excessively worn.

Subpart P_Auger Mining

Sec. 77.1500 Auger mining; planning.

Auger mining shall be planned and conducted by the operator to
insure against any hazard to underground workings located at or near
such auger operations and all auger holes shall be located so as to
prevent:
(a) The disruption of the ventilation system of any active
underground mine;
(b) Inundation hazards from surface water entering any active
underground mine;
(c) Damage to the roof and ribs of active underground workings; and
(d) Intersection of auger holes with underground mine workings known
to contain dangerous quantities of impounded water.

Sec. 77.1501 Auger mining; inspections.

(a) The face of all highwalls, to a distance of 25 feet on both
sides of each drilling site, shall be inspected by a certified person
before any augering operation is begun, and at least once during each
coal producing shift and all loose material shall be removed from the
drilling site before persons are permitted to enter the drilling area.
The results of all such inspections shall be recorded daily in a book
approved by the Secretary.
(b) In addition, the face of all highwalls, to a distance of 25 feet
on both sides of each drilling site, shall be inspected frequently by a
certified person during any auger operation conducted either during or
after a heavy rainfall or during any period of intermittent freezing and
thawing and the results of such inspections shall be recorded as
provided in paragraph (a) of this section.
(c) When an auger hole penetrates an abandoned or mined out area of
an underground mine, tests for methane and oxygen deficiency shall be
made at the collar of the hole by a qualified person using devices
approved by the Secretary to determine if dangerous quantities of
methane or oxygen-deficient air are present or being emitted. If such is
found no further work shall be performed until the atmosphere has been
made safe.
(d) Tests for oxygen deficiency shall be conducted with a
permissible flame safety lamp or other means approved by the Secretary
and all tests for methane shall be conducted with a methane detector
approved by the Secretary.
(e) Internal combustion engines shall not be operated in the
vicinity of any auger hole in which tests for methane or oxygen
deficiency are being made.

Sec. 77.1502 Auger holes; restriction against entering.

No person shall be permitted to enter an auger hole except with the
approval of the MSHA Coal Mine Safety and Health District Manager of the
district in which the mine is located and under such conditions as may
be prescribed by such managers.

[36 FR 9364, May 22, 1971, as amended at 71 FR 16669, Apr. 3, 2006]

Sec. 77.1503 Augering equipment; overhead protection.

(a) Auger machines which are exposed to highwall hazards, together
with all those parts of any coal elevating conveyors where persons are
required to work during augering operations, shall be covered with heavy

[[Page 744]]

gage screen which does not obstruct the view of the highwall and is
strong enough to prevent injuries to workmen from falling material.
(b) No work shall be done under any overhang and, when a crew is
engaged in connecting or disconnecting auger sections under a highwall,
at least one person shall be assigned to observe the highwall for
possible movement.

Sec. 77.1504 Auger equipment; operation.

(a) Persons shall be kept clear of the auger train while it is in
motion and shall not be permitted to pass under or over an auger train,
except where adequate crossing facilities are provided.
(b) Persons shall be kept clear of auger sections being swung into
position.
(c) No person, including the auger machine operator, shall, where
practicable, be stationed in direct line with a borehole during augering
operations.
(d) Operator of auger equipment shall not leave the controls of such
equipment while the auger is in operation.
(e) Adequate illumination shall be provided for work areas after
dark.

Sec. 77.1505 Auger holes; blocking.

Auger holes shall be blocked with highwall spoil or other suitable
material before they are abandoned.

Subpart Q_Loading and Haulage

Sec. 77.1600 Loading and haulage; general.

(a) Only authorized persons shall be permitted on haulage roads and
at loading or dumping locations.
(b) Traffic rules, signals, and warning signs shall be standardized
at each mine and posted.
(c) Where side or overhead clearances on any haulage road or at any
loading or dumping location at the mine are hazardous to mine workers,
such areas shall be conspicuously marked and warning devices shall be
installed when necessary to insure the safety of the workers.

Sec. 77.1601 Transportation of persons; restrictions.

No person shall be permitted to ride or be otherwise transported on
or in the following equipment whether loaded or empty:
(a) Dippers, shovels, buckets, forks, and clamshells;
(b) The cargo space of dump trucks or haulage equipment used to
transport coal or other material;
(c) Outside the cabs and beds of mobile equipment;
(d) Chain, belt, or bucket conveyors, except where such conveyors
are specifically designed to transport persons; and
(e) Loaded buckets on aerial tramways.

Sec. 77.1602 Use of aerial tramways to transport persons.

Persons other than maintenance men shall not ride empty buckets on
aerial tramways unless the following features are provided:
(a) Two independent brakes, each capable of holding the maximum
load.
(b) Direct communication between terminals.
(c) Power drives with emergency power available in case of primary
power failure.
(d) Buckets equipped with positive locks to prevent accidental
tripping or dumping.

Sec. 77.1603 Trains and locomotives; authorized persons.

(a) Only authorized persons shall be permitted to ride on trains or
locomotives and they shall ride in a safe position.
(b) Men shall not get on or off moving equipment, except that
trainmen may get on or off of slowly moving trains.

Sec. 77.1604 Transportation of persons; overcrowding.

(a) No man-trip vehicle or other conveyance used to transport
persons to and from work areas at surface coal mines shall be
overcrowded and all persons shall ride in a safe position.
(b) Supplies, materials, and tools other than small handtools shall
not be transported with men in man-trip vehicles unless such vehicles
are specifically designed to make such transportation safe.

[[Page 745]]

Sec. 77.1605 Loading and haulage equipment; installations.

(a) Cab windows shall be of safety glass or equivalent, in good
condition and shall be kept clean.
(b) Mobile equipment shall be equipped with adequate brakes, and all
trucks and front-end loaders shall also be equipped with parking brakes.
(c) Positive-action type brakes shall be provided on aerial
tramways.
(d) Mobile equipment shall be provided with audible warning devices.
Lights shall be provided on both ends when required.
(e) Guard nets or other suitable protection shall be provided where
tramways pass over roadways, walkways, or buildings.
(f) Guards shall be installed to prevent swaying buckets from
hitting towers.
(g) Aerial tramway cable connections shall be designed to offer
minimum obstruction to the passage of wheels.
(h) Rocker-bottom or bottom-dump cars shall be equipped with
positive locking devices, or other suitable devices.
(i) Ramps and dumps shall be of solid construction, of ample width,
have ample clearance and headroom, and be kept reasonably free of
spillage.
(j) Chute-loading installations shall be designed so that the men
pulling chutes are not required to be in a hazardous position during
loading operations.
(k) Berms or guards shall be provided on the outer bank of elevated
roadways.
(l) Berms, bumper blocks, safety hooks, or similar means shall be
provided to prevent overtravel and overturning at dumping locations.
(m) Roadbeds, rails, joints, switches, frogs, and other elements on
railroads shall be designed, installed, and maintained in a safe manner
consistent with the speed and type of haulage.
(n) Where practicable, a minimum of 30 inches continuous clearance
from the farthest projection of moving railroad equipment shall be
provided on at least one side of the tracks; all places where it is not
possible to provide 30-inch clearance shall be marked conspicuously.
(o) Track guardrails, lead rails, and frogs shall be protected or
blocked so as to prevent a person's foot from becoming wedged.
(p) Positive-acting stop-blocks, derail devices, track skates, or
other adequate means shall be installed wherever necessary to protect
persons from runaway or moving railroad equipment.
(q) Switch throws shall be installed so as to provide adequate
clearance for switchmen.
(r) Where necessary, bumper blocks or the equivalent shall be
provided at all track dead ends.

Sec. 77.1606 Loading and haulage equipment; inspection and maintenance.

(a) Mobile loading and haulage equipment shall be inspected by a
competent person before such equipment is placed in operation. Equipment
defects affecting safety shall be recorded and reported to the mine
operator.
(b) Carriers on aerial tramways, including loading and unloading
mechanisms, shall be inspected each shift; brakes shall be inspected
daily; ropes and supports shall be inspected as recommended by the
manufacturer or as physical conditions warrant. Equipment defects
affecting safety shall be reported to the mine operator.
(c) Equipment defects affecting safety shall be corrected before the
equipment is used.

Sec. 77.1607 Loading and haulage equipment; operation.

(a) Vehicles shall follow at a safe distance; passing shall be
limited to areas of adequate clearance and visibility.
(b) Mobile equipment operators shall have full control of the
equipment while it is in motion.
(c) Equipment operating speeds shall be prudent and consistent with
conditions of roadway, grades, clearance, visibility, traffic, and the
type of equipment used.
(d) Cabs of mobile equipment shall be kept free of extraneous
materials.
(e) Operators shall sit facing the direction of travel while
operating equipment with dual controls.
(f) When an equipment operator is present, men shall notify him
before getting on or off equipment.

[[Page 746]]

(g) Equipment operators shall be certain, by signal or other means,
that all persons are clear before starting or moving equipment.
(h) Where possible, aerial tramways shall not be started until the
tramway operator has ascertained that everyone is in the clear.
(i) Dust control measures shall be taken where dust significantly
reduces visibility of equipment operators.
(j) Dippers, buckets, loading booms, or heavy suspended loads shall
not be swung over the cabs of haulage vehicles until the drivers are out
of the cabs and in safe locations, unless the trucks are designed
specifically to protect the drivers from falling material.
(k) Men shall not work or pass under the buckets or booms of loaders
in operation.
(l) Tires shall be deflated before repairs on them are started and
adequate means shall be provided to prevent wheel locking rims from
creating a hazard during tire inflation.
(m) Electrically powered mobile equipment shall not be left
unattended unless the master switch is in the off position, all
operating controls are in the neutral position, and the brakes are set
or other equivalent precautions are taken against rolling.
(n) Mobile equipment shall not be left unattended unless the brakes
are set. The wheels shall be turned into a bank or berm, or shall be
blocked, when such equipment is parked on a grade.
(o) Lights, flares, or other warning devices shall be posted when
parked equipment creates a hazard to vehicular traffic.
(p) Dippers, buckets, scraper blades, and similar movable parts
shall be secured or lowered to the ground when not in use.
(q) Shovel trailing cables shall not be moved with the shovel dipper
unless cable slings or sleds are used.
(r) Equipment which is to be hauled shall be loaded and protected so
as to prevent sliding or spillage.
(s) When moving between work areas, the equipment shall be secured
in the travel position.
(t) Any load extending more than 4 feet beyond the rear of the
vehicle body should be marked clearly with a red flag by day and a red
light at night.
(u) Tow bars shall be used to tow heavy equipment and a safety chain
shall be used in conjunction with each tow bar.
(v) Railroad cars shall be kept under control at all times by the
car dropper. Cars shall be dropped at a safe rate and in a manner that
will insure that the car dropper maintains a safe position while working
and traveling around the cars.
(w) Railroad cars shall not be coupled or uncoupled manually from
the inside of curves unless the railroad and cars are so designed to
eliminate any hazard from coupling or uncoupling cars from inside of
curves.
(x) Persons shall wear safety belts when dropping railroad cars.
(y) Railcars shall not be left on sidetracks unless ample clearance
is provided for traffic on adjacent tracks.
(z) Parked railcars, unless held effectively by brakes, shall be
blocked securely.
(aa) Railroad cars and all trucks shall be trimmed properly when
they have been loaded higher than the confines of their cargo space.
(bb) When the entire length of a conveyor is visible from the
starting switch, the operator shall visually check to make certain that
all persons are in the clear before starting the conveyor. When the
entire length of the conveyor is not visible from the starting switch, a
positive audible or visible warning system shall be installed and
operated to warn persons that the conveyor will be started.
(cc) Unguarded conveyors with walkways shall be equipped with
emergency stop devices or cords along their full length.
(dd) Adequate backstops or brakes shall be installed on inclined-
conveyor drive units to prevent conveyors from running in reverse if a
hazard to personnel would be caused.
(ee) Aerial tram conveyor buckets shall not be overloaded, and feed
shall be regulated to prevent spillage.

Sec. 77.1608 Dumping facilities.

(a) Dumping locations and haulage roads shall be kept reasonably
free of water, debris, and spillage.

[[Page 747]]

(b) Where the ground at a dumping place may fail to support the
weight of a loaded dump truck, trucks shall be dumped a safe distance
back from the edge of the bank.
(c) Adequate protection shall be provided at dumping locations where
persons may be endangered by falling material.
(d) Grizzlies, grates, and other sizing devices at dump and transfer
points shall be anchored securely in place.
(e) If truck spotters are used, they shall be well in the clear
while trucks are backing into dumping position and dumping; lights shall
be used at night to direct trucks.

Subpart R_Miscellaneous

Sec. 77.1700 Communications in work areas.

Sec. 77.1701 Emergency communications; requirements.

(a) Each operator of a surface coal mine shall establish and
maintain a communication system from the mine to the nearest point of
medical assistance for use in an emergency.
(b) The emergency communication system required to be maintained
under paragraph (a) of this section may be established by telephone or
radio transmission or by any other means of prompt communication to any
facility (for example, the local sheriff, the State highway patrol, or
local hospital) which has available the means of communication with the
person or persons providing emergency medical assistance or
transportation in accordance with the provisions of paragraph (a) of
this section.

Sec. 77.1702 Arrangements for emergency medical assistance and transportation
for injured persons; reporting requirements; posting requirements.

(a) Each operator of a surface coal mine shall make arrangements
with a licensed physician, medical service, medical clinic, or hospital
to provide 24-hour emergency medical assistance for any person injured
at the mine.
(b) Each operator shall make arrangements with an ambulance service,
or otherwise provide for 24-hour emergency transportation for any person
injured at the mine.
(c) Each operator shall, on or before September 30, 1971, report to
the Coal Mine Health and Safety District Manager for the district in
which the mine is located the name, title and address of the physician,
medical service, medical clinic, hospital, or ambulance service with
whom arrangements have been made, or otherwise provided, in accordance
with the provisions of paragraphs (a) and (b) of this section.
(d) Each operator shall, within 10 days after any change of the
arrangements required to be reported under the provisions of this
section, report such changes to the Coal Mine Health and Safety District
Manager. If such changes involve a substitution of persons, the operator
shall provide the name, title, and address of the person substituted
together with the name and address of the medical service, medical
clinic, hospital, or ambulance service with which such person or persons
are associated.
(e) Each operator shall, immediately after making an arrangement
required under the provisions of paragraphs (a) and (b) of this section,
or immediately after any change, of such agreement, post at appropriate
places at the mine the names, titles, addresses, and telephone numbers
of all persons or services currently available under such arrangements
to provide medical assistance and transportation at the mine.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971; 60
FR 33723, June 29, 1995]

Sec. 77.1703 First-Aid training; supervisory employees.

[[Page 748]]

employee and date on which the employee satisfactorily completed the
first-aid training course. The certification shall be kept at the mine
and made available on request to an authorized representative of the
Secretary.

[56 FR 1478, Jan. 14, 1991]

Sec. 77.1704 First aid training program; availability of instruction
to all miners.

On or before December 30, 1971, each operator of a surface coal mine
shall make available to all miners employed in the mine a course of
instruction in first aid conducted by the operator or under the auspices
of the operator, and such a course of instruction shall be made
available to newly employed miners within 6 months after the date of
employment.

Sec. 77.1705 First aid training program; retraining of
supervisory employees; availability to all miners.

Beginning January 1, 1972, each operator of a surface coal mine
shall conduct refresher first aid training programs each calendar year
for all selected supervisory employees and make available refresher
first aid training courses to all miners employed in the mine.

[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971]

Sec. 77.1706 First aid training program; minimum requirements.

(a) All first aid training programs required under the provisions of
Sec. Sec. 77.1703 and 77.1704 shall include 10 class hours of training
in a course of instruction similar to that outlined in ``First Aid, A
Bureau of Mines Instruction Manual.''
(b) Refresher first aid training programs required under the
provisions of Sec. 77.1705 shall include 5 class hours of refresher
training in a course of instruction similar to that outlined in ``First
Aid, A Bureau of Mines Instruction Manual.''

Sec. 77.1707 First aid equipment; location; minimum requirements.

(a) Each operator of a surface coal mine shall maintain a supply of
the first aid equipment set forth in paragraph (b) of this section at or
near each working place where coal is being mined, at each preparation
plant and at shops and other surface installation where ten or more
persons are regularly employed.
(b) The first aid equipment required to be maintained under the
provisions of paragraph (a) of this section shall include at least the
following:
(1) One stretcher;
(2) One broken-back board (if a splint-stretcher combination is used
it will satisfy the requirements of both paragraph (b) (1) of this
section and this paragraph (b) (2));
(3) Twenty-four triangular bandages (15 if a splint-stretcher
combination is used);
(4) Eight 4-inch bandage compresses;
(5) Eight 2-inch bandage compresses;
(6) Twelve 1-inch adhesive compresses;
(7) An approved burn remedy;
(8) Two cloth blankets;
(9) One rubber blanket or equivalent substitute;
(10) Two tourniquets;
(11) One 1-ounce bottle of aromatic spirits of ammonia or 1 dozen
ammonia ampules; and,
(12) The necessary complements of arm and leg splints or two each
inflatable plastic arm and leg splints.
(c) All first aid supplies required to be maintained under the
provisions of paragraphs (a) and (b) of this section shall be stored in
suitable, sanitary, dust tight, moisture proof containers and such
supplies shall be accessible to the miners.

Sec. 77.1708 Safety program; instruction of persons employed at the mine.

On or before September 30, 1971, each operator of a surface coal
mine shall establish and maintain a program of instruction with respect
to the safety regulations and procedures to be followed at the mine and
shall publish and distribute to each employee, and post in conspicuous
places throughout the mine, all such safety regulations and procedures
established in accordance with the provisions of this section.

[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971]

[[Page 749]]

Sec. 77.1710 Protective clothing; requirements.

Each employee working in a surface coal mine or in the surface work
areas of an underground coal mine shall be required to wear protective
clothing and devices as indicated below:
(a) Protective clothing or equipment and face-shields or goggles
shall be worn when welding, cutting, or working with molten metal or
when other hazards to the eyes exist.
(b) Suitable protective clothing to cover the entire body when
handling corrosive or toxic substances or other materials which might
cause injury to the skin.
(c) Protective gloves when handling materials or performing work
which might cause injury to the hands; however, gloves shall not be worn
where they would create a greater hazard by becoming entangled in the
moving parts of equipment.
(d) A suitable hard hat or hard cap when in or around a mine or
plant where falling objects may create a hazard. If a hard hat or hard
cap is painted, nonmetallic based paint shall be used.
(e) Suitable protective footwear.
(f) Snug-fitting clothing when working around moving machinery or
equipment.
(g) Safety belts and lines where there is danger of falling; a
second person shall tend the lifeline when bins, tanks, or other
dangerous areas are entered.
(h) Lifejackets or belts where there is danger from falling into
water.
(i) Seatbelts in a vehicle where there is a danger of overturning
and where roll protection is provided.

(Sec. 101(a), Federal Coal Mine Health and Safety Act of 1969, as
amended (83 Stat. 745; 30 U.S.C. 811(a))

[36 FR 9382, May 22, 1971, as amended at 36 FR 13143, July 15, 1971; 39
FR 7176, Feb. 25, 1974]

Sec. 77.1710-1 Distinctively colored hard hats or hard caps;
identification for newly employed, inexperienced miners.

Hard hats or hard caps distinctively different in color from those
worn by experienced miners shall be worn at all times by each newly
employed, inexperienced miner when working in or around a mine or plant
for at least one year from the date of his initial employment as a miner
or until he has been qualified or certified as a miner by the State in
which he is employed.

(Sec. 101(a), Federal Coal Mine Health and Safety Act of 1969, as
amended (83 Stat. 745; 30 U.S.C. 811(a))

[39 FR 7176, Feb. 25, 1974]

Sec. 77.1711 Smoking prohibition.

No person shall smoke or use an open flame where such practice may
cause a fire or explosion.

Sec. 77.1712 Reopening mines; notification; inspection prior to mining.

Prior to reopening any surface coal mine after it has been abandoned
or declared inactive by the operator, the operator shall notify the Coal
Mine Health and Safety District Manager for the district in which the
mine is located, and an inspection of the entire mine shall be completed
by an authorized representative of the Secretary before any mining
operations in such mine are instituted.

Sec. 77.1713 Daily inspection of surface coal mine; certified person;
reports of inspection.

(a) At least once during each working shift, or more often if
necessary for safety, each active working area and each active surface
installation shall be examined by a certified person designated by the
operator to conduct such examinations for hazardous conditions and any
hazardous conditions noted during such examinations shall be reported to
the operator and shall be corrected by the operator.
(b) If any hazardous condition noted during an examination conducted
in accordance with paragraph (a) of this section creates an imminent
danger, the person conducting such examination shall notify the operator
and the operator shall withdraw all persons from the area affected,
except those persons referred to in section 104(d) of the Act, until the
danger is abated.
(c) After each examination conducted in accordance with the
provisions of paragraph (a) of this section, each certified person who
conducted all or any part of the examination required shall enter with
ink or indelible pencil in a

[[Page 750]]

book approved by the Secretary the date and a report of the condition of
the mine or any area of the mine which he has inspected together with a
report of the nature and location of any hazardous condition found to be
present at the mine. The book in which such entries are made shall be
kept in an area at the mine designated by the operator to minimize the
danger of destruction by fire or other hazard.
(d) All examination reports recorded in accordance with the
provisions of paragraph (c) of this section shall include a report of
the action taken to abate hazardous conditions and shall be signed or
countersigned each day by at least one of the following persons:
(1) The surface mine foreman;
(2) The assistant superintendent of the mine;
(3) The superintendent of the mine;
(4) The person designated by the operator as responsible for health
and safety at the mine; or,
(5) An equivalent mine official.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[36 FR 9364, May 22, 1971, as amended at 60 FR 33723, June 29, 1995; 63
FR 58613, Oct. 30, 1998]

Subpart S_Trolley Wires and Trolley Feeder Wires

Sec. 77.1800 Cutout switches.

Trolley wires and trolley feeder wires shall be provided with cutout
switches at intervals of not more than 2,000 feet and near the beginning
of all branch lines.

Sec. 77.1801 Overcurrent protection.

Trolley wires and trolley feeder wires shall be provided with
overcurrent protection.

Sec. 77.1801-1 Devices for overcurrent protection.

Automatic circuit interrupting devices that will deenergize the
affected circuit upon occurrence of a short circuit at any point in the
system will meet the requirements of Sec. 77.1801.

Sec. 77.1802 Insulation of trolley wires, trolley feeder wires
and bare signal wires; guarding of trolley wires and trolley feeder wires.

Trolley wires, trolley feeder wires, and bare signal wires shall be
adequately guarded:
(a) At all points where men are required to work or pass regularly
under the wires; and
(b) At man-trip stations.
The Secretary or his authorized representative shall specify other
conditions where trolley wires and trolley feeder wires shall be
adequately protected to prevent contact by any person, or shall require
the use of improved methods to prevent such contact. Temporary guards
shall be provided where trackmen and other persons are required to work
in proximity to trolley wires and trolley feeder wires.

Subpart T_Slope and Shaft Sinking

Sec. 77.1900 Slopes and shafts; approval of plans.

(a) Each operator of a coal mine shall prepare and submit for
approval by the Coal Mine Health and Safety District Manager for the
district in which the mine is located, a plan providing for the safety
of workmen in each slope or shaft that is commenced or extended after
June 30, 1971. The plan shall be consistent with prudent engineering
design. The methods employed by the operator shall be selected to
minimize the hazards to those employed in the initial or subsequent
development of any such slope or shaft, and the plan shall include the
following:
(1) The name and location of the mine, and the Mine Safety and
Health Administration mine identification number, if known;
(2) The name and address of the mine operator;
(3) A description of the construction work and methods to be used in
the construction of the slope or shaft, and whether part or all of the
work will be performed by a contractor and a description of that part of
the work to be performed by a contractor;
(4) The elevation, depth and dimensions of the slope or shaft;

[[Page 751]]

(5) The location and elevation of the coalbed;
(6) The general characteristics of the strata through which the
slope or shaft will be developed;
(7) The type of equipment which the operator proposes to use when
the work is to be performed by the operator. When work is to be
performed by a contractor the operator shall, as soon as known to him,
supplement the plan with a description of the type of equipment to be
used by the contractor;
(8) The system of ventilation to be used; and
(9) Safeguards for the prevention of caving during excavation.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[36 FR 9364, May 22, 1971, as amended at 47 FR 28096, June 29, 1982; 60
FR 33723, June 29, 1995]

Sec. 77.1900-1 Compliance with approved slope and shaft sinking plans.

Upon approval by the Coal Mine Health and Safety District Manager of
a slope or shaft sinking plan, the operator shall adopt and comply with
such plan.

Sec. 77.1901 Preshift and onshift inspections; reports.

(a) Examinations of slope and shaft areas shall be made by a
certified person for hazardous conditions, including tests for methane
and oxygen deficiency:
(1) Within 90 minutes before each shift;
(2) At least once on any shift during which men are employed inside
any slope or shaft during development; and
(3) Both before and after blasting.
(b) The surface area surrounding each slope and shaft shall be
inspected by a certified person and all hazards in the vicinity shall be
corrected before men are permitted to enter the excavation.
(c) All hazards found during any preshift or onshift inspection
shall be corrected before men are allowed to enter, or continue to work
in such slope or shaft. If hazardous conditions cannot be corrected, or
excessive methane concentrations cannot be diluted, the excavation shall
be vacated and no person shall be permitted to reenter the slope or
shaft to continue excavation operations until the hazardous condition
has been abated.
(d) No work shall be performed in any slope or shaft, no drilling
equipment shall be started, and no electrical equipment shall be
energized if the methane content in such slope or shaft is 1.0 volume
per centum, or more.
(e) Nothing in this Sec. 77.1901 shall prevent the specific
assignment of men in the slope or shaft for purposes of abating
excessive methane concentrations or any other hazardous condition.
(f) The results of all inspections conducted in accordance with the
provisions of paragraph (a) of this section shall be recorded in a book
approved by the Secretary.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[36 FR 9364, May 22, 1971, as amended at 60 FR 33723, June 29, 1995]

Sec. 77.1901-1 Methane and oxygen deficiency tests; approved devices.

Tests for oxygen deficiency shall be made with a permissible flame
safety lamp or other means approved by the Secretary, and tests for
methane shall be made with a methane detector approved by the Secretary.

Sec. 77.1902 Drilling and mucking operations.

Diesel-powered equipment used in the drilling, mucking, or other
excavation of any slope or shaft shall be permissible, and such
equipment shall be operated in a permissible manner and shall be
maintained in a permissible condition.

Sec. 77.1902-1 Permissible diesel-powered equipment.

Diesel-powered equipment which has been approved by the Bureau of
Mines or the Mine Safety and Health Administration under Part 36 of this
chapter (Bureau of Mines Schedule 31) is permissible under the
provisions of this section.

Sec. 77.1903 Hoists and hoisting; minimum requirements.

(a) Hoists used in transporting persons and material during
drilling, mucking, or other excavating operations in any slope or shaft
shall have

[[Page 752]]

rated capacities consistent with the loads to be handled.
(b) Each hoist used in drilling, mucking, or other excavating
operations shall be equipped with an accurate and reliable indicator of
the position of the cage, platform, or bucket. The indicator shall be
installed in clear view of the hoist operator.

(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as
amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811))

[48 FR 53242, Nov. 25, 1983; 48 FR 54975, Dec. 8, 1983]

Sec. 77.1904 Communications between slope and shaft bottoms
and hoist operators.

(a) Two independent means of signaling shall be provided between the
hoistman and all points in a slope or shaft where men are required to
work. At least one of these means shall be audible to the hoistman.
Signal codes used in any communication system shall be posted
conspicuously at each slope and shaft.
(b) Signaling systems used for communication between slopes and
shafts and the hoistman shall be tested daily.

Sec. 77.1905 Hoist safeguards; general.

(a) Hoists used to transport persons shall be equipped with brakes
capable of stopping and holding the cage, bucket, platform, or other
device when fully loaded.
(b) When persons are transported by a hoist, a second person
familiar with and qualified to stop the hoist shall be in attendance,
except where the hoist is fully equipped with overspeed, overwind, and
automatic stop devices.

Sec. 77.1906 Hoists; daily inspection.

(a) Hoists used to transport persons shall be inspected daily. The
inspection shall include examination of the headgear (headframe, sheave
wheels, etc.), connections, links and chains, and other facilities.
(b) Prior to each working shift, and before a hoist is returned to
service after it has been out of normal service for any reason, the
hoist shall be run by the hoist operator through one complete cycle of
operation before any person is permitted to be transported.
(c) At the completion of each daily examination required by
paragraph (a) of this section, the person making the examination shall
certify, by signature and date, that the examination has been made. If
any unsafe condition in the hoisting equipment is present, the person
conducting the examination shall make a record of the condition and the
date. Certifications and records shall be retained for one year.

(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as
amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811))

[48 FR 53242, Nov. 25, 1983, as amended at 60 FR 33723, June 29, 1995]

Sec. 77.1907 Hoist construction; general.

If hooks are used to attach cages or buckets to the socket or
thimble of a hoisting rope, the hooks shall be self-closing.

(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as
amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811))

[48 FR 53242, Nov. 25, 1983]

Sec. 77.1908 Hoist installations; use.

(a) Where men are transported by means of a hoist and the depth of
the shaft exceeds 50 feet, the hoist rope shall be suspended from a
substantial hoisting installation which shall be high enough to provide
working clearance between the bottom of the sheave and the top of the
cage or bucket.
(b) Where men are transported by means of a hoist and the depth of
the shaft exceeds 100 feet, temporary shaft guides and guide
attachments, or other no less effective means, shall be installed to
prevent the cage, platform, or bucket from swinging.
(c) All guides and guide attachments, or other no less effective
means, installed in accordance with paragraph (b) of this section shall
be maintained to a depth of not less than 75 feet from the bottom of the
shaft.
(d) Where crossheads are used, the cage, platform, or bucket shall
not be hung more than 10 feet below the crosshead.
(e) Where men are required to embark or disembark from a cage,
platform or bucket suspended over or within a shaft, a loading platform
shall be installed to insure safe footing.

[[Page 753]]

(f) During the development of each slope or shaft, either a ladder
or independently powered auxiliary hoist shall be provided to permit men
to escape quickly in the event of an emergency.
(g) No person shall be permitted to ride the rim of any bucket or on
the top of a loaded bucket.
(h) The number of persons permitted to ride in cages, skips, or
buckets shall be limited so as to prevent overcrowding.
(i) Persons shall not be permitted to ride on a cage, skip, or
bucket with tools or materials, except when necessary to handle
equipment while in transit. Materials shall be secured to prevent
shifting while being hoisted.
(j) The speed of buckets transporting persons shall not exceed 500
feet per minute and not more than 200 feet per minute when within 100
feet of any stop.
(k) A notice of established speeds shall be posted in clear view of
the hoistman.
(l) Conveyances being lowered in a shaft in which men are working
shall be stopped at least 15 feet above such men and shall be lowered
further only after the hoistman has received a signal that all men who
may be endangered by the conveyance are in the clear.
(m) No skip or bucket shall be raised or lowered in a slope or shaft
until it has been trimmed to prevent material from falling back down the
slope or shaft.
(n) Measures shall be taken to prevent material from falling back
into the shaft while buckets or other conveyances are being unloaded.
(o) Properly attached safety belts shall be worn by all persons
required to work in or over any shaft where there is a drop of 10 or
more feet, unless other acceptable means are provided to prevent such
persons from falling into the shaft.

Sec. 77.1908-1 Hoist operation; qualified hoistman.

Hoists shall be under the control of and operated by a qualified
hoistman when men are in a slope or shaft.

Sec. 77.1909 Explosives and blasting; use of permissible explosives
and shot-firing units.

Except as provided in Sec. 77.1909-1, only permissible explosives
and permissible shot-firing units shall be used in sinking shafts and
slopes.

Sec. 77.1909-1 Use of nonpermissible explosives and nonpermissible
shot-firing units; approval by Health and Safety District Manager.

Where the Coal Mine Health and Safety District Manager has
determined that the use of nonpermissible explosives and nonpermissible
shot-firing units will not pose a hazard to any person during the
development of a slope or shaft, he may, after written application by
the operator, approve the use of such explosives and shot-firing units
and issue a permit for the use of such explosives and devices setting
forth the safeguards to be employed by the operator to protect the
health and safety of any person exposed to such blasting.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[36 FR 9364, May 22, 1971, as amended at 60 FR 33723, June 29, 1995]

Sec. 77.1910 Explosives and blasting; general.

(a) Light and power circuits shall be disconnected or removed from
the blasting area before charging and blasting.
(b) All explosive materials, detonators, and any other related
blasting material employed in the development of any slope or shaft
shall be stored, transported, carried, charged, and fired in accordance
with the provision of Subpart N, ``Explosives and Blasting,'' of this
Part 77. Except as provided in paragraph (c) of this section, all shots
shall be fired from the surface.
(c) Where tests for methane have been conducted and methane has not
been found and only permissible blasting units are being employed, shots
may be fired from an upper level of the slope or shaft.
(d) Except as provided in paragraph (c) of this section, all men
shall be removed from the slope or shaft prior to blasting.

[[Page 754]]

(e) Blasting areas in slopes or shafts shall be covered with mats or
other suitable material when the excavation is too shallow to retain
blasted material.
(f) Where it is impracticable to prepare primers in the blasting
area, primers may be prepared on the surface and carried into the shaft
in specially constructed, insulated, covered containers.
(g) No other development operation shall be conducted in a shaft or
at the face of a slope while drill holes are being charged and until
after all shots have been fired.
(h) The sides of the slope or shaft between the overhead platform
and the bottom where men are working shall be examined after each blast
and loose material removed.
(i) Loose rock and other material shall be removed from timbers and
platforms after each blast before men are lowered to the shaft bottom.

Sec. 77.1911 Ventilation of slopes and shafts.

(a) All slopes and shafts shall be ventilated by mechanical
ventilation equipment during development. Such equipment shall be
examined before each shift and the quantity of air in the slope or shaft
measured daily by a certified person and the results of such
examinations and tests recorded in a book approved by the Secretary.
(b) Ventilation fans shall be:
(1) Installed on the surface;
(2) Installed in fireproof housing and connected to the slope or
shaft opening with fireproof air ducts;
(3) Designed to permit the reversal of the air current, and located
in an area which will prevent a recirculation of air from the slope or
shaft or air contamination from any other source;
(4) Equipped with an automatic signal device designed to give an
alarm in the event the fan slows or stops which can be seen or heard by
any person on duty in the vicinity of the fan, except where fans are
constantly attended.
(5) Offset not less than 15 feet from the shaft; and
(6) Equipped with air ducts which are fire resistant and maintained
so as to prevent excessive leakage of air;
(i) Flexible ducts shall be constructed to permit ventilation by
either exhausting or blowing methods and when metal air ducts are used,
they shall be grounded effectively to remove static and other electrical
charges;
(ii) Ducts shall extend as close to the bottom as necessary to
ventilate properly.
(c) A qualified person, designated by the operator, shall be
assigned to maintain each ventilating system.
(d) The fan shall be operated continuously when men are below the
surface. Any accidental stoppage or reduction in airflow shall be
corrected promptly; however, where repairs cannot be made immediately,
development work below the surface shall be stopped and all the men not
needed to make necessary repairs shall be removed to the surface.

Sec. 77.1912 Ladders and stairways.

(a) Substantial stairways or ladders shall be used during the
construction of all shafts where no mechanical means are provided for
men to travel.
(b) Landings at intervals of not more than 30 feet shall be
installed.
(c) Shaft ladders shall project 3 feet above the collar of the
shaft, and shall be placed at least 3 inches from the side of the shaft.

Sec. 77.1913 Fire-resistant wood.

Except for crossties, timbers, and other wood products which are
permanently installed in slopes and shafts, shall be fire resistant.

Sec. 77.1914 Electrical equipment.

(a) Electric equipment employed below the collar of a slope or shaft
during excavation shall be permissible and shall be maintained in a
permissible condition.
(b) The insulation of all electric conductors employed below the
collar of any slope or shaft during excavation shall be of the flame
resistant type.
(c) Only lamps and portable flood lights approved by the Bureau of
Mines or the Mine Safety and Health Administration under Part 19 and
Part 20 of this chapter (Bureau of Mines Schedules 6D and 10C) shall be
employed below the collar of any slope or shaft.

[[Page 755]]

Sec. 77.1915 Storage and handling of combustible materials.

(a) Compressed and liquefied gas, oil, gasoline, and other petroleum
products shall not be stored within 100 feet of any slope or shaft
opening.
(b) Other combustible material and supplies shall not be stored
within 25 feet of any slope or shaft opening.
(c) Pyritic slates, bony coal, culm or other material capable of
spontaneous combustion shall not be used for fill or as surfacing
material within 100 feet of any slope or shaft opening.
(d) Areas surrounding the opening of each slope or shaft shall be
constructed to insure the drainage of flammable liquids away from the
slope or shaft in the event of spillage.
(e) Oily rags, waste, waste paper, and other combustible waste
material disposed of in the vicinity of any slope or shaft opening shall
be stored in closed containers until removed from the area.

Sec. 77.1916 Welding, cutting, and soldering; fire protection.

(a) One portable fire extinguisher shall be provided where welding,
cutting, or soldering with arc or flame is performed.
(b) Welding, cutting, or soldering with arc or flame within or in
the vicinity of any slope or shaft, except where such operations are
performed in fireproof enclosures, shall be done under the supervision
of a qualified person who shall make a diligent search within or in the
vicinity of the slope or shaft for fire during and after such
operations.
(c) Before welding, cutting, or soldering is performed in any slope
or shaft designed to penetrate into any coalbed below the surface, an
examination for methane shall be made by a qualified person with a
device approved by the Secretary for detecting methane. Examination for
methane shall be made immediately before and periodically during
welding, cutting, or soldering and such work shall not be permitted to
commence or continue in air which contains 1.0 volume per centum or more
of methane.
(d) Noncombustible barriers shall be installed below welding,
cutting, or soldering operations in or over a shaft.

Subpart U--Approved Books and Records [Reserved]

Subpart V_Safety Program for Surface Mobile Equipment

Source: 88 FR 87928, Dec. 20, 2023, unless otherwise noted.

Sec. 77.2100 Purpose and scope.

This subpart requires operators to develop, implement, and update a
written safety program for surface mobile equipment to reduce the number
and rates of accidents, injuries, and fatalities. This subpart applies
to surface mobile equipment at surface coal mines and surface work areas
of underground coal mines. The purpose of this safety program is to
promote and support a positive safety culture and improve miners' safety
at the mine.

Sec. 77.2101 Definitions.

Sec. 77.2102 Written safety program.

Sec. 77.2103 Requirements for written safety program.

(a) The operator shall develop and implement a written safety
program that includes actions the operator will take to:

[[Page 756]]

(1) Identify and analyze hazards and reduce the resulting risks
related to the movement and the operation of surface mobile equipment;
(2) Develop and maintain procedures and schedules for routine
maintenance and non-routine repairs for surface mobile equipment;
(3) Identify currently available and newly emerging feasible
technologies that can enhance safety at the mine and evaluate whether to
adopt them; and
(4) Train miners and other persons at the mine necessary to perform
work to identify and address or avoid hazards related to surface mobile
equipment.
(b) The responsible person shall evaluate and update the written
safety program at least annually, or as mining conditions or practices
change that may adversely affect the health and safety of miners or
other persons, as accidents or injuries occur, or as surface mobile
equipment changes or modifications are made.
(c) The operator shall solicit input from miners and their
representatives in developing and updating the written safety program.

Sec. 77.2104 Record and inspection.

PART 90_MANDATORY HEALTH STANDARDS_COAL MINERS WHO HAVE EVIDENCE OF
THE DEVELOPMENT OF PNEUMOCONIOSIS--Table of Contents

Subpart A_General

Sec,
90.1 Scope.
90.2 Definitions.
90.2T Definitions.
90.3 Part 90 option; notice of eligibility; exercise of option.
90.3T Part 90 option; notice of eligibility; exercise of option.

Subpart B_Dust Standards, Rights of Part 90 Miners

90.100 Respirable dust standard.
90.100T Respirable dust standard.
90.101 Respirable dust standard when quartz is present.
90.102 Transfer; notice.
90.102T Transfer; notice.
90.103 Compensation.
90.104 Waiver of rights; re-exercise of option.
90.104T Waiver of rights; re-exercise of option.

Subpart C_Sampling Procedures

90.201 Sampling; general and technical requirements.
90.202 Certified person; sampling.
90.203 Certified person; maintenance and calibration.
90.204 Approved sampling devices; maintenance and calibration.
90.205 Approved sampling devices; operation; air flowrate.
90.205T Approved sampling devices; operation; air flowrate.
90.206 Exercise of option or transfer sampling.
90.206T Exercise of option or transfer sampling.
90.207 Quarterly sampling.
90.207T Quarterly sampling.
90.208 Respirable dust samples; transmission by operator.
90.209 Respirable dust samples; report to operator.
90.210 Status change reports.

Subpart D_Respirable Dust Control Plans

90.300 Respirable dust control plan; filing requirements.
90.300T Respirable dust control plan; filing requirements.
90.301 Respirable dust control plan; approval by District Manager; copy
to part 90 miner.
90.301T Respirable dust control plan; approval by District Manager; copy
to part 90 miner.

Authority: 30 U.S.C. 811, 813(h), 957.

Source: 45 FR 80769, Dec. 5, 1980, unless otherwise noted.

Subpart A_General

Source: 79 FR 24988, May 1, 2014, unless otherwise noted.

Sec. 90.1 Scope.

This part 90 establishes the option of miners who are employed at
coal mines

[[Page 757]]

and who have evidence of the development of pneumoconiosis to work in an
area of a mine where the average concentration of respirable dust in the
mine atmosphere during each shift is continuously maintained at or below
the applicable standard as specified in Sec. 90.100. The rule sets
forth procedures for miners to exercise this option, and establishes the
right of miners to retain their regular rate of pay and receive wage
increases. The rule also sets forth the operator's obligations,
including respirable dust sampling for part 90 miners. This part 90 is
promulgated pursuant to section 101 of the Act and supersedes section
203(b) of the Federal Mine Safety and Health Act of 1977, as amended.

Sec. 90.2 Definitions.

Until April 14, 2025, the following definitions apply in this part:
Act. The Federal Mine Safety and Health Act of 1977, Public Law 91-
173, as amended by Public Law 95-164 and Public Law 109-236.
Active workings. Any place in a coal mine where miners are normally
required to work or travel.
Approved sampling device. A sampling device approved by the
Secretary and Secretary for Health and Human Services (HHS) under part
74 of this subchapter.
Certified person. An individual certified by the Secretary in
accordance with Sec. 90.202 to take respirable dust samples required by
this part or certified in accordance with Sec. 90.203 to perform the
maintenance and calibration of respirable dust sampling equipment as
required by this part.
Coal mine dust personal sampler unit (CMDPSU). A personal sampling
device approved under part 74, subpart B, of this subchapter.
Concentration. A measure of the amount of a substance contained per
unit volume of air.
Continuous personal dust monitor (CPDM). A personal sampling device
approved under part 74, subpart C, of this subchapter.
District Manager. The manager of the Coal Mine Safety and Health
District in which the mine is located.
Equivalent concentration. The concentration of respirable coal mine
dust, including quartz, expressed in milligrams per cubic meter of air
(mg/m\3\) as measured with an approved sampling device, determined by
dividing the weight of dust in milligrams collected on the filter of an
approved sampling device by the volume of air in cubic meters passing
through the filter (sampling time in minutes (t) times the sampling
airflow rate in cubic meters per minute), and then converting that
concentration to an equivalent concentration as measured by the Mining
Research Establishment (MRE) instrument. When the approved sampling
device is:
(1) The CMDPSU, the equivalent concentration is determined by
multiplying the concentration of respirable coal mine dust by the
constant factor prescribed by the Secretary.
(2) The CPDM, the device shall be programmed to automatically report
end-of-shift concentration measurements as equivalent concentrations.
Mechanized mining unit (MMU). A unit of mining equipment including
hand loading equipment used for the production of material; or a
specialized unit which uses mining equipment other than specified in
Sec. 70.206(b) or in Sec. 70.208(b) of this subchapter. Each MMU will
be assigned a four-digit identification number by MSHA, which is
retained by the MMU regardless of where the unit relocates within the
mine. However, when:
(1) Two sets of mining equipment are used in a series of working
places within the same working section and only one production crew is
employed at any given time on either set of mining equipment, the two
sets of equipment shall be identified as a single MMU.
(2) Two or more sets of mining equipment are simultaneously engaged
in cutting, mining, or loading coal or rock from working places within
the same working section, each set of mining equipment shall be
identified as a separate MMU.
MRE instrument. The gravimetric dust sampler with a four channel
horizontal elutriator developed by the Mining Research Establishment of
the National Coal Board, London, England.
MSHA. The Mine Safety and Health Administration of the U.S.
Department of Labor.

[[Page 758]]

Normal work duties. Duties which the part 90 miner performs on a
routine day-to-day basis in his or her job classification at a mine.
Part 90 miner. A miner employed at a coal mine who has exercised the
option under the old section 203(b) program (30 CFR part 90, effective
as of July 1, 1972), or under Sec. 90.3 of this part to work in an area
of a mine where the average concentration of respirable dust in the mine
atmosphere during each shift to which that miner is exposed is
continuously maintained at or below the applicable standard, and who has
not waived these rights.
Quartz. Crystalline silicon dioxide (SiO2) not chemically combined
with other substances and having a distinctive physical structure.
Representative sample. A respirable dust sample, expressed as an
equivalent concentration, that reflects typical dust concentration
levels in the working environment of the part 90 miner when performing
normal work duties.
Respirable dust. Dust collected with a sampling device approved by
the Secretary and the Secretary of HHS in accordance with part 74 (Coal
Mine Dust Sampling Devices) of this subchapter.
Secretary. The Secretary of Labor or a delegate.
Secretary of Health and Human Services. The Secretary of Health and
Human Services (HHS) or the Secretary of Health, Education, and Welfare.
Transfer. Any change in the work assignment of a part 90 miner by
the operator and includes:
(1) Any change in occupation code of a part 90 miner;
(2) any movement of a part 90 miner to or from an MMU; or
(3) any assignment of a part 90 miner to the same occupation in a
different location at a mine.
Valid respirable dust sample. A respirable dust sample collected and
submitted as required by this part, including any sample for which the
data were electronically transmitted to MSHA, and not voided by MSHA.

[89 FR 28480, Apr. 18, 2024]

Effective Date Note: At 89 FR 28482, Apr. 18, 2024, Sec. 90.2 was
removed, effective Apr. 14, 2025.

Sec. 90.2T Definitions.

As April 14, 2025, the following definitions apply in this part:
Act. The Federal Mine Safety and Health Act of 1977, Public Law 91-
173, as amended by Public Law 95-164 and Public Law 109-236.
Active workings. Any place in a coal mine where miners are normally
required to work or travel.
Approved sampling device. A sampling device approved by the
Secretary and Secretary for Health and Human Services (HHS) under part
74 of this subchapter.
Certified person. An individual certified by the Secretary in
accordance with Sec. 90.202 to take respirable dust samples required by
this part or certified in accordance with Sec. 90.203 to perform the
maintenance and calibration of respirable dust sampling equipment as
required by this part.
Coal mine dust personal sampler unit (CMDPSU). A personal sampling
device approved under part 74, subpart B, of this subchapter.
Concentration. A measure of the amount of a substance contained per
unit volume of air.
Continuous personal dust monitor (CPDM). A personal sampling device
approved under part 74, subpart C, of this subchapter.
District Manager. The manager of the Coal Mine Safety and Health
District in which the mine is located.
Equivalent concentration. The concentration of respirable coal mine
dust, including quartz, expressed in milligrams per cubic meter of air
(mg/m\3\) as measured with an approved sampling device, determined by
dividing the weight of dust in milligrams collected on the filter of an
approved sampling device by the volume of air in cubic meters passing
through the filter (sampling time in minutes (t) times the sampling
airflow rate in cubic meters per minute), and then converting that
concentration to an equivalent concentration as measured by the Mining
Research Establishment (MRE) instrument. When the approved sampling
device is:
(1) The CMDPSU, the equivalent concentration is determined by
multiplying the concentration of respirable

[[Page 759]]

coal mine dust by the constant factor prescribed by the Secretary.
(2) The CPDM, the device shall be programmed to automatically report
end-of-shift concentration measurements as equivalent concentrations.
Mechanized mining unit (MMU). A unit of mining equipment including
hand loading equipment used for the production of material; or a
specialized unit which uses mining equipment other than specified in
Sec. 70.206(b) or in Sec. 70.208(b) of this subchapter. Each MMU will
be assigned a four-digit identification number by MSHA, which is
retained by the MMU regardless of where the unit relocates within the
mine. However, when:
(1) Two sets of mining equipment are used in a series of working
places within the same working section and only one production crew is
employed at any given time on either set of mining equipment, the two
sets of equipment shall be identified as a single MMU.
(2) Two or more sets of mining equipment are simultaneously engaged
in cutting, mining, or loading coal or rock from working places within
the same working section, each set of mining equipment shall be
identified as a separate MMU.
MRE instrument. The gravimetric dust sampler with a four channel
horizontal elutriator developed by the Mining Research Establishment of
the National Coal Board, London, England.
MSHA. The Mine Safety and Health Administration of the U.S.
Department of Labor.
Normal work duties. Duties which the part 90 miner performs on a
routine day-to-day basis in his or her job classification at a mine.
Part 90 miner. A miner employed at a coal mine who has exercised the
option under the old section 203(b) program (30 CFR part 90, effective
as of July 1, 1972), or under Sec. 90.3 to work in an area of a mine
where the average concentration of respirable dust in the mine
atmosphere during each shift to which that miner is exposed is
continuously maintained at or below the standard, and who has not waived
these rights.
Representative sample. A respirable dust sample, expressed as an
equivalent concentration, that reflects typical dust concentration
levels in the working environment of the part 90 miner when performing
normal work duties.
Respirable dust. Dust collected with a sampling device approved by
the Secretary and the Secretary of HHS in accordance with part 74 (Coal
Mine Dust Sampling Devices) of this subchapter.
Secretary. The Secretary of Labor or a delegate.
Secretary of Health and Human Services. The Secretary of Health and
Human Services (HHS) or the Secretary of Health, Education, and Welfare.
Transfer. Any change in the work assignment of a part 90 miner by
the operator and includes:
(1) Any change in occupation code of a part 90 miner;
(2) any movement of a part 90 miner to or from an MMU; or
(3) any assignment of a part 90 miner to the same occupation in a
different location at a mine.
Valid respirable dust sample. A respirable dust sample collected and
submitted as required by this part, including any sample for which the
data were electronically transmitted to MSHA, and not voided by MSHA.

[89 FR 28481, Apr. 18, 2024]

Effective Date Note: At 89 FR 28482, Apr. 18, 2024, Sec. 90.2T was
redesignated as Sec. 90.2, effective Apr. 14, 2025.

Sec. 90.3 Part 90 option; notice of eligibility; exercise of option.

The following is required until April 14, 2025:
(a) Any miner employed at a coal mine who, in the judgment of the
Secretary of HHS, has evidence of the development of pneumoconiosis
based on a chest X-ray, read and classified in the manner prescribed by
the Secretary of HHS, or based on other medical examinations shall be
afforded the option to work in an area of a mine where the average
concentration of respirable dust in the mine atmosphere during each
shift to which that miner is exposed is continuously maintained at or
below the applicable standard. Each of these miners shall be notified in
writing of eligibility to exercise the option.
(b) Any miner who is a section 203(b) miner on January 31, 1981,
shall be a

[[Page 760]]

part 90 miner on February 1, 1981, entitled to full rights under this
part to retention of pay rate, future actual wage increases, and future
work assignment, shift and respirable dust protection.
(c) Any part 90 miner who is transferred to a position at the same
or another coal mine shall remain a part 90 miner entitled to full
rights under this part at the new work assignment.
(d) The option to work in a low dust area of the mine may be
exercised for the first time by any miner employed at a coal mine who
was eligible for the option under the old section 203(b) program (http:/
/www.msha.gov/REGSTECHAMEND.htm), or is eligible for the option under
this part by sending a written request to the Chief, Division of Health,
Coal Mine Safety and Health, MSHA, 201 12th Street South, Arlington, VA
22202-5452.
(e) The option to work in a low dust area of the mine may be re-
exercised by any miner employed at a coal mine who exercised the option
under the old section 203(b) program (http://www.msha.gov/
REGSTECHAMEND.htm) or exercised the option under this part by sending a
written request to the Chief, Division of Health, Coal Mine Safety and
Health, MSHA, 201 12th Street South, Arlington, VA 22202-5452. The
request should include the name and address of the mine and operator
where the miner is employed.
(f) No operator shall require from a miner a copy of the medical
information received from the Secretary or Secretary of HHS.

[79 FR 24988, May 1, 2014, as amended at 80 FR 52993, Sept. 2, 2015; 89
FR 28482, Apr. 18, 2024]

Effective Date Note: At 89 FR 28482, Apr. 18, 2024, Sec. 90.3 was
removed, effective Apr. 14, 2025.

Sec. 90.3T Part 90 option; notice of eligibility; exercise of option.

Effective April 14, 2025:
(a) Any miner employed at a coal mine who, in the judgment of the
Secretary of HHS, has evidence of the development of pneumoconiosis
based on a chest X-ray, read and classified in the manner prescribed by
the Secretary of HHS, or based on other medical examinations shall be
afforded the option to work in an area of a mine where the average
concentration of respirable dust in the mine atmosphere during each
shift to which that miner is exposed is continuously maintained at or
below the standard. Each of these miners shall be notified in writing of
eligibility to exercise the option.
(b) Any miner who is a section 203(b) miner on January 31, 1981,
shall be a part 90 miner on February 1, 1981, entitled to full rights
under this part to retention of pay rate, future actual wage increases,
and future work assignment, shift and respirable dust protection.
(c) Any part 90 miner who is transferred to a position at the same
or another coal mine shall remain a part 90 miner entitled to full
rights under this part at the new work assignment.
(d) The option to work in a low dust area of the mine may be
exercised for the first time by any miner employed at a coal mine who
was eligible for the option under the old section 203(b) program
(www.msha.gov/REGSTECHAMEND.htm), or is eligible for the option under
this part by sending a written request to the Chief, Division of Health,
Mine Safety and Health Enforcement, MSHA, 201 12th Street South,
Arlington, VA 22202-5452.
(e) The option to work in a low dust area of the mine may be re-
exercised by any miner employed at a coal mine who exercised the option
under the old section 203(b) program (www.msha.gov/REGSTECHAMEND.htm) or
exercised the option under this part by sending a written request to the
Chief, Division of Health, Mine Safety and Health Enforcement, MSHA, 201
12th Street South, Arlington, VA 22202-5452. The request should include
the name and address of the mine and operator where the miner is
employed.
(f) No operator shall require from a miner a copy of the medical
information received from the Secretary or Secretary of HHS.

[89 FR 28482, Apr. 18, 2024]

Effective Date Note: At 89 FR 28482, Apr. 18, 2024, Sec. 90.3T was
redesignated as Sec. 90.3, effective Apr. 14, 2025.

[[Page 761]]

Subpart B_Dust Standards, Rights of Part 90 Miners

Source: 79 FR 24989, May 1, 2014, unless otherwise noted.

Sec. 90.100 Respirable dust standard.

The following is required until April 14, 2025. After the 20th
calendar day following receipt of notification from MSHA that a part 90
miner is employed at the mine, the operator shall continuously maintain
the average concentration of respirable dust in the mine atmosphere
during each shift to which the part 90 miner in the active workings of
the mine is exposed, as measured with an approved sampling device and
expressed in terms of an equivalent concentration, at or below:
(a) 1.0 milligrams of respirable dust per cubic meter of air (mg/
m\3\).
(b) 0.5 mg/m\3\ as of August 1, 2016.

[79 FR 24989, May 1, 2014, as amended at 89 FR 28482, Apr. 18, 2024]

Effective Date Note: At 89 FR 28482, Apr. 18, 2024, Sec. 90.100 was
removed, effective Apr. 14, 2025.

Sec. 90.100T Respirable dust standard.

The following is required as of April 14, 2025. After the 20th
calendar day following receipt of notification from MSHA that a part 90
miner is employed at the mine, the operator shall continuously maintain
the average concentration of respirable dust in the mine atmosphere
during each shift to which the part 90 miner in the active workings of
the mine is exposed, as measured with an approved sampling device and
expressed in terms of an equivalent concentration, at or below 0.5 mg/
m\3\.

[89 FR 28482, Apr. 18, 2024]

Effective Date Note: At 89 FR 28482, Apr. 18, 2024, Sec. 90.100T
was redesignated as Sec. 90.100, effective Apr. 14, 2025.

Sec. 90.101 Respirable dust standard when quartz is present.

(a) Each operator shall continuously maintain the average
concentration of respirable quartz dust in the mine atmosphere during
each shift to which a part 90 miner in the active workings of each mine
is exposed at or below 0.1 mg/m\3\ (100 micrograms per cubic meter or
[micro]g/m\3\) as measured with an approved sampling device and
expressed in terms of an equivalent concentration.
(b) When the mine atmosphere of the active workings where the part
90 miner performs his or her normal work duties exceeds 100 [micro]g/
m\3\ of respirable quartz dust, the operator shall continuously maintain
the average concentration of respirable dust in the mine atmosphere
during each shift to which a part 90 miner is exposed as measured with
an approved sampling device and expressed in terms of an equivalent
concentration at or below the applicable standard. The applicable
standard is computed by dividing the percent of quartz into the number
10. The application of this formula shall not result in an applicable
standard that exceeds the standards specified in Sec. 90.100.
Example: Assume the part 90 miner is on a 0.5 mg/m\3\ dust standard.
Suppose a valid representative dust sample with an equivalent
concentration of 0.50 mg/m\3\ contains 25.6% of quartz dust, which
corresponds to a quartz concentration of 128 [micro]g/m\3\. Therefore,
the average concentration of respirable dust in the mine atmosphere
associated with that part 90 miner shall be maintained on each shift at
or below 0.4 mg/m\3\ (10/25.6% = 0.4 mg/m\3\).

Effective Date Note: At 89 FR 28482, Apr. 18, 2024, Sec. 90.101 was
removed and reserved, effective Apr. 14, 2025.

Sec. 90.102 Transfer; notice.

The following is required until April 14, 2025:
(a) Whenever a part 90 miner is transferred in order to meet the
applicable standard, the operator shall transfer the miner to an
existing position at the same coal mine on the same shift or shift
rotation on which the miner was employed immediately before the
transfer. The operator may transfer a part 90 miner to a different coal
mine, a newly-created position or a position on a different shift or
shift rotation if the miner agrees in writing to the transfer. The
requirements of this paragraph do not apply when the respirable dust
concentration in a part 90 miner's work position complies with the
applicable standard but circumstances, such as reductions in workforce
or changes in operational

[[Page 762]]

status, require a change in the miner's job or shift assignment.
(b) On or before the 20th calendar day following receipt of
notification from MSHA that a part 90 miner is employed at the mine, the
operator shall give the District Manager written notice of the
occupation and, if applicable, the MMU unit to which the part 90 miner
shall be assigned on the 21st calendar day following receipt of the
notification from MSHA.
(c) After the 20th calendar day following receipt of notification
from MSHA that a part 90 miner is employed at the mine, the operator
shall give the District Manager written notice before any transfer of a
part 90 miner. This notice shall include the scheduled date of the
transfer.

[79 FR 24989, May 1, 2014, as amended at 89 FR 28482, Apr. 18, 2024]

Effective Date Note: At 89 FR 28483, Apr. 18, 2024, Sec. 90.102 was
removed, effective Apr. 14, 2025.

Sec. 90.102T Transfer; notice.

As of April 14, 2025:
(a) Whenever a part 90 miner is transferred in order to meet the
standard, the operator shall transfer the miner to an existing position
at the same coal mine on the same shift or shift rotation on which the
miner was employed immediately before the transfer. The operator may
transfer a part 90 miner to a different coal mine, a newly created
position or a position on a different shift or shift rotation if the
miner agrees in writing to the transfer. The requirements of this
paragraph do not apply when the respirable dust concentration in a part
90 miner's work position complies with the standard but circumstances,
such as reductions in workforce or changes in operational status,
require a change in the miner's job or shift assignment.
(b) On or before the 20th calendar day following receipt of
notification from MSHA that a part 90 miner is employed at the mine, the
operator shall give the District Manager written notice of the
occupation and, if applicable, the MMU unit to which the part 90 miner
shall be assigned on the 21st calendar day following receipt of the
notification from MSHA.
(c) After the 20th calendar day following receipt of notification
from MSHA that a part 90 miner is employed at the mine, the operator
shall give the District Manager written notice before any transfer of a
part 90 miner. This notice shall include the scheduled date of the
transfer.

[89 FR 28482, Apr. 18, 2024]

Effective Date Note: At 89 FR 28483, Apr. 18, 2024, Sec. 90.102T
was redesignated as Sec. 90.102, effective Apr. 14, 2025.

Sec. 90.103 Compensation.

(a) The operator shall compensate each part 90 miner at not less
than the regular rate of pay received by that miner immediately before
exercising the option under Sec. 90.3.
(b) Whenever a part 90 miner is transferred, the operator shall
compensate the miner at not less than the regular rate of pay received
by that miner immediately before the transfer.
(c) Once a miner has been placed in a position in compliance with
the provisions of part 90, paragraphs (a) and (b) of this section do not
apply when the part 90 miner initiates and accepts a change in work
assignment for reasons of job preference.
(d) The operator shall compensate each miner who is a section 203(b)
miner on January 31, 1981, at not less than the regular rate of pay that
the miner is required to receive under section 203(b) of the Act
immediately before the effective date of this part.
(e) In addition to the compensation required to be paid under
paragraphs (a), (b), and (d) of this section, the operator shall pay
each part 90 miner the actual wage increases that accrue to the
classification to which the miner is assigned.
(f) If a miner is temporarily employed in an occupation other than
his or her regular work classification for two months or more before
exercising the option under Sec. 90.3, the miner's regular rate of pay
for purposes of paragraph (a) and (b) of this section is the higher of
the temporary or regular rates of pay. If the temporary assignment is
for less than two months, the operator may pay the part 90 miner at his
or her regular work classification rate regardless of the temporary wage
rate.

[[Page 763]]

(g) If a part 90 miner is transferred, and the Secretary
subsequently notifies the miner that notice of the miner's eligibility
to exercise the part 90 option was incorrect, the operator shall retain
the affected miner in the current position to which the miner is
assigned and continue to pay the affected miner the applicable rate of
pay provided in paragraphs (a), (b), (d), and (e) of this section,
until:
(1) The affected miner and operator agree in writing to a position
with pay at not less than the regular rate of pay for that occupation;
or
(2) A position is available at the same coal mine in both the same
occupation and on the same shift on which the miner was employed
immediately before exercising the option under Sec. 90.3 or under the
old section 203(b) program (36 FR 20601, October 27, 1971).
(i) When such a position is available, the operator shall offer the
available position in writing to the affected miner with pay at not less
than the regular rate of pay for that occupation.
(ii) If the affected miner accepts the available position in
writing, the operator shall implement the miner's reassignment upon
notice of the miner's acceptance. If the miner does not accept the
available position in writing, the miner may be reassigned and
protections under part 90 shall not apply. Failure by the miner to act
on the written offer of the available position within 15 days after
notice of the offer is received from the operator shall operate as an
election not to accept the available position.

Sec. 90.104 Waiver of rights; re-exercise of option.

The following is required until April 14, 2025:
(a) A part 90 miner may waive his or her rights and be removed from
MSHA's active list of miners who have rights under part 90 by:
(1) Giving written notification to the Chief, Division of Health,
Mine Safety and Health Enforcement, MSHA, that the miner waives all
rights under this part;
(2) Applying for and accepting a position in an area of a mine which
the miner knows has an average respirable dust concentration exceeding
the applicable standard; or
(3) Refusing to accept another position offered by the operator at
the same coal mine that meets the requirements of Sec. Sec. 90.100,
90.101 and 90.102(a) after dust sampling shows that the present position
exceeds the applicable standard.
(b) If rights under part 90 are waived, the miner gives up all
rights under part 90 until the miner re-exercises the option in
accordance with Sec. 90.3(e) (Part 90 option; notice of eligibility;
exercise of option).
(c) If rights under part 90 are waived, the miner may re-exercise
the option under this part in accordance with Sec. 90.3(e) (Part 90
option; notice of eligibility; exercise of option) at any time.

[89 FR 28483, Apr. 18, 2024]

Effective Date Note: At 89 FR 28483, Apr. 18, 2024, Sec. 90.104 was
removed, effective Apr. 14, 2025.

Sec. 90.104T Waiver of rights; re-exercise of option.

As of April 14, 2025:
(a) A part 90 miner may waive his or her rights and be removed from
MSHA's active list of miners who have rights under part 90 by:
(1) Giving written notification to the Chief, Division of Health,
Mine Safety and Health Enforcement, MSHA, that the miner waives all
rights under this part;
(2) Applying for and accepting a position in an area of a mine which
the miner knows has an average respirable dust concentration exceeding
the standard; or
(3) Refusing to accept another position offered by the operator at
the same coal mine that meets the requirements of Sec. Sec. 90.100,
90.101 and 90.102(a) after dust sampling shows that the present position
exceeds the applicable standard.
(b) If rights under part 90 are waived, the miner gives up all
rights under part 90 until the miner re-exercises the option in
accordance with Sec. 90.3(e) (Part 90 option; notice of eligibility;
exercise of option).
(c) If rights under part 90 are waived, the miner may re-exercise
the option under this part in accordance with

[[Page 764]]

Sec. 90.3(e) (Part 90 option; notice of eligibility; exercise of
option) at any time.

[89 FR 28483, Apr. 18, 2024]

Effective Date Note: At 89 FR 28483, Apr. 18, 2024, Sec. 90.104T
was redesignated as Sec. 90.104, effective Apr. 14, 2025.

Subpart C_Sampling Procedures

Source: 79 FR 24990, May 1, 2014, unless otherwise noted.

Sec. 90.201 Sampling; general and technical requirements.

(a) An approved coal mine dust personal sampler unit (CMDPSU) shall
be used to take samples of the concentration of respirable coal mine
dust in the working environment of each part 90 miner as required by
this part. On February 1, 2016, part 90 miners shall be sampled only
with an approved continuous personal dust monitor (CPDM) as required by
this part and an approved CMDPSU shall not be used, unless notified by
the Secretary to continue to use an approved CMDPSU to conduct quarterly
sampling.
(b) If using a CMDPSU, the sampling device shall be worn or carried
to and from each part 90 miner. If using a CPDM, the sampling device
shall be worn by the part 90 miner at all times. Approved sampling
devices shall be operated portal-to-portal and shall remain operational
during the part 90 miner's entire shift, which includes the time spent
performing normal work duties and while traveling to and from the
assigned work location. If the work shift to be sampled is longer than
12 hours and the sampling device is:
(1) A CMDPSU, the operator shall switch-out the unit's sampling pump
prior to the 13th-hour of operation.
(2) A CPDM, the operator shall switch-out the CPDM with a fully
charged device prior to the 13th-hour of operation.
(c) Unless otherwise directed by the District Manager, the
respirable dust samples required under this part using a CMDPSU shall be
taken by placing the sampling device as follows:
(1) On the part 90 miner;
(2) On the piece of equipment which the part 90 miner operates
within 36 inches of the normal working position; or
(3) At a location that represents the maximum concentration of dust
to which the part 90 miner is exposed.
(d) If using a CMDPSU, one control filter shall be used for each
shift of sampling. Each control filter shall:
(1) Have the same pre-weight date (noted on the dust data card) as
the filter used for sampling;
(2) Remain plugged at all times;
(3) Be used for the same amount of time, and exposed to the same
temperature and handling conditions as the filter used for sampling; and
(4) Be kept with the exposed samples after sampling and in the same
mailing container when transmitted to MSHA.
(e) The respirable dust samples required by this part and taken with
a CMDPSU shall be collected while the part 90 miner is performing normal
work duties.
(f) Records showing the length of each shift for each part 90 miner
shall be made and retained for at least six months, and shall be made
available for inspection by authorized representatives of the Secretary
and submitted to the District Manager when requested in writing.
(g) Upon request from the District Manager, the operator shall
submit the date and time any respirable dust sampling required by this
part will begin. This information shall be submitted at least 48 hours
prior to scheduled sampling.
(h) Operators using CPDMs shall provide training to all part 90
miners. The training shall be completed prior to a part 90 miner wearing
a CPDM and then every 12 months thereafter. The training shall include:
(1) The importance of monitoring dust concentrations and properly
wearing the CPDM;
(2) Explaining the basic features and capabilities of the CPDM;
(3) Discussing the various types of information displayed by the
CPDM and how to access that information; and
(4) How to start and stop a short-term sample run during compliance
sampling.
(i) An operator shall keep a record of the CPDM training at the mine
site for 24 months after completion of the

[[Page 765]]

training. An operator may keep the record elsewhere if the record is
immediately accessible from the mine site by electronic transmission.
Upon request from an authorized representative of the Secretary or
Secretary of HHS, the operator shall promptly provide access to any such
training records. The record shall include:
(1) The date of training;
(2) The names of miners trained; and
(3) The subjects included in the training.
(j) An anthracite mine using the full box, open breast, or slant
breast mining method may use either a CPDM or a CMDPSU to conduct the
required sampling. The mine operator shall notify the District Manager
in writing of its decision to not use a CPDM.

Sec. 90.202 Certified person; sampling.

(a) The respirable dust sampling required by this part shall be
performed by a certified person.
(b) To be certified, a person shall complete the applicable MSHA
course of instruction and pass the MSHA examination demonstrating
competency in sampling procedures. Persons not certified in sampling and
those certified only in maintenance and calibration procedures in
accordance with Sec. 90.203(b) are not permitted to collect respirable
dust samples required by this part or handle approved sampling devices
when being used in sampling.
(c) To maintain certification, a person must pass the MSHA
examination demonstrating competency in sampling procedures every three
years.
(d) MSHA may revoke a person's certification for failing to properly
carry out the required sampling procedures.

Sec. 90.203 Certified person; maintenance and calibration.

Sec. 90.204 Approved sampling devices; maintenance and calibration.

(a) Approved sampling devices shall be maintained as approved under
part 74 of this title and calibrated in accordance with MSHA
Informational Report IR 1240 (1996) ``Calibration and Maintenance
Procedures for Coal Mine Respirable Dust Samplers'' or in accordance
with the manufacturer's recommendations if using a CPDM. Only persons
certified in maintenance and calibration can perform maintenance on the
CPDM or the pump unit of the CMDPSU.
(b) Approved sampling devices shall be calibrated at the flowrate of
2.0 liters of air per minute (L/min) if using a CMDPSU; at 2.2 L/min if
using a CPDM; or at a different flowrate recommended by the
manufacturer, before they are put into service and, thereafter, at time
intervals recommended by the manufacturer or prescribed by the Secretary
or Secretary of HHS.
(c) If using a CMDPSU, sampling devices shall be examined and tested
by a person certified in sampling or in maintenance and calibration
within 3 hours before the start of the shift on which the approved
sampling devices will be used to collect respirable dust samples. This
is to assure that the sampling devices are clean and in proper working
condition. This examination and testing shall include the following:
(1) Examination of all components of the cyclone assembly to assure
that they are clean and free of dust and dirt. This includes examining
the interior of the connector barrel (located between the cassette
assembly and vortex finder), vortex finder, cyclone body, and grit pot;
(2) Examination of the inner surface of the cyclone body to assure
that it is

[[Page 766]]

free of scoring or scratch marks on the inner surface of the cyclone
where the air flow is directed by the vortex finder into the cyclone
body;
(3) Examination of the external hose connecting the pump unit to the
sampling head assembly to assure that it is clean and free of leaks; and
(4) Examination of the clamping and positioning of the cyclone body,
vortex finder, and cassette to assure that they are rigid, in alignment,
firmly in contact, and airtight.
(5) Testing the voltage of each battery while under actual load to
assure the battery is fully charged. This requires that a fully
assembled and examined sampling head assembly be attached to the pump
inlet with the pump unit running when the voltage check is made. The
voltage for batteries used in the CMDPSU shall not be lower than the
product of the number of cells in the battery multiplied by the
manufacturer's nominal voltage per cell.
(d) If using a CPDM, the certified person in sampling or in
maintenance and calibration shall:
(1) Follow the pre-operational examinations, testing, and set-up
procedures, and perform necessary external maintenance recommended by
the manufacturer to assure the operational readiness of the CPDM within
3 hours before the start of the shift on which the sampling device will
be used to collect respirable dust samples; and
(2) Perform other required scheduled examinations and maintenance
procedures recommended by the manufacturer.
(e) You must proceed in accordance with ``Calibration and
Maintenance Procedures for Coal Mine Respirable Dust Samplers,'' MSHA
Informational Report IR 1240 (1996), referenced in paragraph (a) of this
section. 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. You may obtain a copy from the MSHA Web site at http://
www.msha.gov and you may inspect or obtain a copy at MSHA, Coal Mine
Safety and Health, 201 12th Street South, Arlington, VA 22202-5452; 202-
693-9500; and at each MSHA Coal Mine Safety and Health District Office,
or at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.

[79 FR 24990, May 1, 2014, as amended at 80 FR 52993, Sept. 2, 2015]

Sec. 90.205 Approved sampling devices; operation; air flowrate.

The following is required until April 14, 2025:
(a) Approved sampling devices shall be operated at the flowrate of
2.0 L/min if using a CMDPSU; at 2.2 L/min if using a CPDM; or at a
different flowrate recommended by the manufacturer.
(b) If using a CMDPSU, each approved sampling device shall be
examined each shift, by a person certified in sampling during:
(1) The second hour after being put into operation to assure it is
in the proper location, operating properly, and at the proper flowrate.
If the proper flowrate is not maintained, necessary adjustments shall be
made by the certified person. This examination is not required if the
sampling device is being operated in an anthracite coal mine using the
full box, open breast, or slant breast mining method.
(2) The last hour of operation to assure that the sampling device is
operating properly and at the proper flowrate. If the proper flowrate is
not maintained, the respirable dust sample shall be transmitted to MSHA
with a notation by the certified person on the back of the dust data
card stating that the proper flowrate was not maintained. Other events
occurring during the collection of respirable dust samples that may
affect the validity of the sample, such as dropping of the sampling head
assembly onto the mine floor, shall be noted on the back of the dust
data card.
(c) If using a CPDM, the person certified in sampling shall monitor
the dust concentrations and the sampling status conditions being
reported by the sampling device at mid-shift or more frequently as
specified in the approved respirable dust control plan, if applicable,
to assure: The sampling device is

[[Page 767]]

in the proper location and operating properly; and the work environment
of the part 90 miner being sampled remains in compliance with the
applicable standard at the end of the shift. This monitoring is not
required if the sampling device is being operated in an anthracite coal
mine using the full box, open breast, or slant breast mining method.

[79 FR 24990, May 1, 2014, as amended at 89 FR 28483, Apr. 18, 2024]

Effective Date Note: At 89 FR 28483, Apr. 18, 2024, Sec. 90.205 was
removed, effective Apr. 14, 2025.

Sec. 90.205T Approved sampling devices; operation; air flowrate.

As of April 14, 2025:
(a) Approved sampling devices shall be operated at the flowrate of
2.0 L/min if using a CMDPSU; at 2.2 L/min if using a CPDM; or at a
different flowrate recommended by the manufacturer.
(b) If using a CMDPSU, each approved sampling device shall be
examined each shift, by a person certified in sampling during:
(1) The second hour after being put into operation to assure it is
in the proper location, operating properly, and at the proper flowrate.
If the proper flowrate is not maintained, necessary adjustments shall be
made by the certified person. This examination is not required if the
sampling device is being operated in an anthracite coal mine using the
full box, open breast, or slant breast mining method.
(2) The last hour of operation to assure that the sampling device is
operating properly and at the proper flowrate. If the proper flowrate is
not maintained, the respirable dust sample shall be transmitted to MSHA
with a notation by the certified person on the back of the dust data
card stating that the proper flowrate was not maintained. Other events
occurring during the collection of respirable dust samples that may
affect the validity of the sample, such as dropping of the sampling head
assembly onto the mine floor, shall be noted on the back of the dust
data card.
(c) If using a CPDM, the person certified in sampling shall monitor
the dust concentrations and the sampling status conditions being
reported by the sampling device at mid-shift or more frequently as
specified in the approved respirable dust control plan, if applicable,
to assure: The sampling device is in the proper location and operating
properly; and the work environment of the Part 90 miner being sampled
remains in compliance with the standard at the end of the shift. This
monitoring is not required if the sampling device is being operated in
an anthracite coal mine using the full box, open breast, or slant breast
mining method.

[89 FR 28483, Apr. 18, 2024]

Effective Date Note: At 89 FR 28484, Apr. 18, 2024, Sec. 90.205T
was redesignated as Sec. 90.205, effective Apr. 14, 2025.

Sec. 90.206 Exercise of option or transfer sampling.

The following is required until April 14, 2025:
(a) The operator shall take five valid representative dust samples
for each part 90 miner within 15 calendar days after:
(1) The 20-day period specified for each part 90 miner in Sec.
90.100; and
(2) Implementing any transfer after the 20th calendar day following
receipt of notification from MSHA that a part 90 miner is employed at
the mine.
(b) Noncompliance with the applicable standard shall be determined
in accordance with Sec. 90.207(d) of this part.
(c) Upon issuance of a citation for a violation of the applicable
standard, the operator shall comply with Sec. 90.207(f) of this part.

[79 FR 24990, May 1, 2014, as amended at 89 FR 28484, Apr. 18, 2024]

Effective Date Note: At 89 FR 28484, Apr. 18, 2024, Sec. 90.206 was
removed, effective Apr. 14, 2025.

Sec. 90.206T Exercise of option or transfer sampling.

(a) The operator shall take five valid representative dust samples
for each part 90 miner within 15 calendar days after:
(1) The 20-day period specified for each part 90 miner in Sec.
90.100; and
(2) Implementing any transfer after the 20th calendar day following
receipt of notification from MSHA that a part 90 miner is employed at
the mine.

[[Page 768]]

(b) Noncompliance with the standard shall be determined in
accordance with Sec. 90.207(d).
(c) Upon issuance of a citation for a violation of the standard, the
operator shall comply with Sec. 90.207(f).

[89 FR 28484, Apr. 18, 2024]

Effective Date Note: At 89 FR 28484, Apr. 18, 2024, Sec. 90.206T
was redesignated as Sec. 90.206, effective Apr. 14, 2025.

Sec. 90.207 Quarterly sampling.

The following is required until April 14, 2025:
(a) Each operator shall take five valid representative samples every
calendar quarter from the environment of each part 90 miner while
performing normal work duties. Part 90 miner samples shall be collected
on consecutive work days. The quarterly periods are:

January 1-March 31
April 1-June 30
July 1-September 30
October 1-December 31.

(b) When the respirable dust standard is changed in accordance with
Sec. 90.101, the new applicable standard shall become effective 7
calendar days after the date of notification of the change by MSHA.
(c) When a valid representative sample taken in accordance with this
section meets or exceeds the excessive concentration value (ECV) in
Table 90-1 that corresponds to the applicable standard and particular
sampling device used, the operator shall:
(1) Make approved respiratory equipment available to affected miners
in accordance with Sec. 72.700 of this chapter;
(2) Immediately take corrective action to lower the concentration of
respirable coal mine dust to at or below the applicable standard; and
(3) Make a record of the corrective actions taken. The record shall
be certified by the mine foreman or equivalent mine official, no later
than the end of the mine foreman's or equivalent official's next
regularly scheduled working shift. The record shall be made in a secure
book that is not susceptible to alteration or electronically in a
computer system so as to be secure and not susceptible to alteration.
Such records shall be retained at a surface location at the mine for at
least 1 year and shall be made available for inspection by authorized
representatives of the Secretary and the part 90 miner.
(d) Noncompliance with the applicable standard is demonstrated
during the sampling period when:
(1) Two or more valid representative samples meet or exceed the ECV
in Table 90-1 that corresponds to the applicable standard and the
particular sampling device used; or
(2) The average for all valid representative samples meets or
exceeds the ECV in Table 90-2 that corresponds to the applicable
standard and the particular sampling device used.
(e) Unless otherwise directed by the District Manager, upon issuance
of a citation for a violation of the applicable standard, paragraph (a)
of this section shall not apply to that part 90 miner until the
violation is abated and the citation is terminated in accordance with
paragraphs (f) and (g) of this section.
(f) Upon issuance of a citation for a violation of the applicable
standard, the operator shall take the following actions sequentially:
(1) Make approved respiratory equipment available to the affected
part 90 miner in accordance with Sec. 72.700 of this chapter.
(2) Immediately take corrective action to lower the concentration of
respirable dust to at or below the applicable standard. If the
corrective action involves:
(i) Reducing the respirable dust levels in the work position of the
part 90 miner identified in the citation, the operator shall implement
the proposed corrective actions and begin sampling the affected miner
within 8 calendar days after the date the citation is issued, until five
valid representative samples are taken.
(ii) Transferring the part 90 miner to another work position at the
mine to meet the applicable standard, the operator shall comply with
Sec. 90.102 of this part and then sample the affected miner in
accordance with Sec. 90.206(a) of this part.
(3) Make a record of the corrective actions taken. The record shall
be certified by the mine foreman or equivalent mine official, no later
than the

[[Page 769]]

end of the mine foreman's or equivalent official's next regularly
scheduled working shift. The record shall be made in a secure book that
is not susceptible to alteration or electronically in a computer system
so as to be secure and not susceptible to alteration. Such records shall
be retained at a surface location at the mine for at least 1 year and
shall be made available for inspection by authorized representatives of
the Secretary and the part 90 miner.
(g) A citation for a violation of the applicable standard shall be
terminated by MSHA when the equivalent concentration of each of the five
valid representative samples is at or below the applicable standard.

Table 90-1--Excessive Concentration Values (ECV) Based on Single, Full-
Shift CMDPSU/CPDM Concentration Measurements
------------------------------------------------------------------------
ECV (mg/m\3\)
Applicable standard (mg/m\3\) -------------------------------
CMDPSU CPDM
------------------------------------------------------------------------
1.0..................................... 1.26 1.13
0.9..................................... 1.16 1.02
0.8..................................... 1.05 0.91
0.7..................................... 0.95 0.79
0.6..................................... 0.85 0.68
0.5..................................... 0.74 0.57
0.4..................................... 0.65 0.46
0.3..................................... 0.54 0.34
0.2..................................... 0.44 0.23
------------------------------------------------------------------------

Table 90-2--Excessive Concentration Values (ECV) Based on the Average of
5 Full-Shift CMDPSU/CPDM Concentration Measurements
------------------------------------------------------------------------
ECV (mg/m\3\)
Applicable standard (mg/m\3\) -------------------------------
CMDPSU CPDM
------------------------------------------------------------------------
1.0..................................... 1.12 1.06
0.9..................................... 1.02 0.96
0.8..................................... 0.92 0.85
0.7..................................... 0.81 0.75
0.6..................................... 0.71 0.64
0.5..................................... 0.61 0.53
0.4..................................... 0.51 0.43
0.3..................................... 0.41 0.32
0.2..................................... 0.31 0.22
------------------------------------------------------------------------

[79 FR 24990, May 1, 2014, as amended at 89 FR 28484, Apr. 18, 2024]

Effective Date Note: At 89 FR 28485, Apr. 18, 2024, Sec. 90.207 was
removed, effective Apr. 14, 2025.

Sec. 90.207T Quarterly sampling.

As of April 14, 2025:
(a) Each operator shall take five valid representative samples every
calendar quarter from the environment of each part 90 miner while
performing normal work duties. Part 90 miner samples shall be collected
on consecutive work days. The quarterly periods are:
(1) January 1-March 31
(2) April 1-June 30
(3) July 1-September 30
(4) October 1-December 31.
(b) [Reserved]
(c) When a valid representative sample taken in accordance with this
section meets or exceeds the ECV in table 1 to this section
corresponding to the particular sampling device used, the mine operator
shall:
(1) Make approved respiratory equipment available to affected miners
in accordance with Sec. 72.700 of this chapter;
(2) Immediately take corrective action to lower the concentration of
respirable coal mine dust to below the standard; and
(3) Make a record of the corrective actions taken. The record shall
be certified by the mine foreman or equivalent mine official, no later
than the end of the mine foreman's or equivalent official's next
regularly scheduled working shift. The record shall be made in a secure
book that is not susceptible to alteration or electronically in a
computer system so as to be secure and not susceptible to alteration.
Such records shall be retained at a surface location at the mine for at
least 1 year and shall be made available for inspection by authorized
representatives of the Secretary and the part 90 miner.
(d) Noncompliance with the standard is demonstrated during the
sampling period when:
(1) Two or more valid representative samples meet or exceed the ECV
in table 1 to this section that corresponds to the particular sampling
device used; or
(2) The average for all valid representative samples meets or
exceeds the ECV in table 1 to this section that corresponds to the
particular sampling device used.
(e) Unless otherwise directed by the District Manager, upon issuance
of a

[[Page 770]]

citation for a violation of the standard, paragraph (a) of this section
shall not apply to that Part 90 miner until the violation is abated and
the citation is terminated in accordance with paragraphs (e) and (f) of
this section.
(f) Upon issuance of a citation for a violation of the standard, the
operator shall take the following actions sequentially:
(1) Make approved respiratory equipment available to the affected
part 90 miner in accordance with Sec. 72.700 of this subchapter.
(2) Immediately take corrective action to lower the concentration of
respirable dust to below the standard. If the corrective action
involves:
(i) Reducing the respirable dust levels in the work position of the
part 90 miner identified in the citation, the operator shall implement
the proposed corrective actions and begin sampling the affected miner
within 8 calendar days after the date the citation is issued, until five
valid representative samples are taken.
(ii) Transferring the Part 90 miner to another work position at the
mine to meet the standard, the operator shall comply with Sec. 90.102
and then sample the affected miner in accordance with Sec. 90.206(a).
(3) Make a record of the corrective actions taken. The record shall
be certified by the mine foreman or equivalent mine official, no later
than the end of the mine foreman's or equivalent official's next
regularly scheduled working shift. The record shall be made in a secure
book that is not susceptible to alteration or electronically in a
computer system so as to be secure and not susceptible to alteration.
Such records shall be retained at a surface location at the mine for at
least 1 year and shall be made available for inspection by authorized
representatives of the Secretary and the part 90 miner.
(g) A citation for a violation of the standard shall be terminated
by MSHA when the equivalent concentration of each of the five valid
representative samples is below the standard.

Table 1 to Sec. 90.207T--Excessive Concentration Values (ECV) Based on a Single Sample, Two Samples, or the
Average of Five Full-Shift CMDPSU/CPDM Concentration Measurements
----------------------------------------------------------------------------------------------------------------
ECV (mg/m\3\)
Section Samples -------------------------------
CMDPSU CPDM
----------------------------------------------------------------------------------------------------------------
90.207(c).................................. Single sample...................... 0.74 0.57
90.207(d)(1)............................... 2 or more samples.................. 0.74 0.57
90.207(d)(2)............................... 5 sample average................... 0.61 0.53
90.207(g).................................. Each of 5 samples.................. 0.74 0.57
----------------------------------------------------------------------------------------------------------------

[89 FR 28484, Apr. 18, 2024]

Effective Date Note: At 89 FR 28485, Apr. 18, 2024, Sec. 90.207T
was redesignated as Sec. 90.207, effective Apr. 14, 2025.

Sec. 90.208 Respirable dust samples; transmission by operator.

[[Page 771]]

shall include that person's MSHA Individual Identification Number
(MIIN). Respirable dust samples with data cards not properly completed
may be voided by MSHA.
(d) All respirable dust samples collected by the operator shall be
considered taken to fulfill the sampling requirements of part 70, 71, or
90 of this title, unless the sample has been identified in writing by
the operator to the District Manager, prior to the intended sampling
shift, as a sample to be used for purposes other than required by part
70, 71, or 90 of this title.
(e) Respirable dust samples received by MSHA in excess of those
required by this part shall be considered invalid samples.
(f) If using a CPDM, the person certified in sampling shall (1)
validate, certify, and transmit electronically to MSHA within 24 hours
after the end of each sampling shift all sample data file information
collected and stored in the CPDM, including the sampling status
conditions encountered when sampling each part 90 miner; and (2) not
tamper with the CPDM or its components in any way before, during, or
after it is used to fulfill the requirements of this part, or alter any
data files. All CPDM data files transmitted electronically to MSHA shall
be maintained by the operator for at least 12 months.

[79 FR 24988, May 1, 2014, as amended at 80 FR 52993, Sept. 2, 2015]

Sec. 90.209 Respirable dust samples; report to operator.

(a) MSHA shall provide the operator, as soon as practicable, a
report with the following data on respirable dust samples submitted or
whose results were transmitted electronically, if using a CPDM, in
accordance with this part:
(1) The mine identification number;
(2) The locations within the mine from which the samples were taken;
(3) The concentration of respirable dust, expressed as an equivalent
concentration for each valid sample;
(4) The average equivalent concentration of respirable dust for all
valid samples;
(5) The occupation code;
(6) The reason for voiding any sample; and
(7) The part 90 miner's MSHA Individual Identification Number
(MIIN).
(b) Upon receipt, the operator shall provide a copy of this report
to the part 90 miner. The operator shall not post the original or a copy
of this report on the mine bulletin board.
(c) If using a CPDM, the person certified in sampling shall print,
sign, and provide to each part 90 miner, a paper record (Dust Data Card)
of the sample run within one hour after the start of the part 90 miner's
next work shift. This hard-copy record shall include the data entered
when the sample run was first programmed, and the following:
(1) The mine identification number;
(2) The location within the mine from which the sample was taken;
(3) The concentration of respirable dust, expressed as an equivalent
concentration reported and stored for each sample;
(4) The sampling status conditions encountered for each sample;
(5) The shift length; and
(6) The part 90 miner's MSHA Individual Identification Number
(MIIN).
(d) The operator shall not post data on respirable dust samples for
part 90 miners on the mine bulletin board.

Sec. 90.210 Status change reports.

If there is a change in the status of a part 90 miner (such as
entering a terminated, injured, or ill status, or returning to work),
the operator shall report the change in the status of the part 90 miner
to the MSHA District Office or to any other MSHA office designated by
the District Manager. Status changes shall be reported in writing or by
electronic means within 3 working days after the status change has
occurred.

Subpart D_Respirable Dust Control Plans

Source: 79 FR 24993, May 1, 2014, unless otherwise noted.

Sec. 90.300 Respirable dust control plan; filing requirements.

The following is required until April 14, 2025:
(a) If an operator abates a violation of the applicable standard by
reducing the respirable dust level in the position

[[Page 772]]

of the part 90 miner, the operator shall submit to the District Manager
for approval a written respirable dust control plan for the part 90
miner in the position identified in the citation within 15 calendar days
after the citation is terminated. The respirable dust control plan and
revisions thereof shall be suitable to the conditions and the mining
system of the coal mine and shall be adequate to continuously maintain
respirable dust to at or below the applicable standard for that part 90
miner.
(b) Each respirable dust control plan shall include at least the
following:
(1) The mine identification number assigned by MSHA, the operator's
name, mine name, mine address, and mine telephone number and the name,
address and telephone number of the principal officer in charge of
health and safety at the mine;
(2) The name and MSHA Individual Identification Number of the part
90 miner and the position at the mine to which the plan applies;
(3) A detailed description of the specific respirable dust control
measures used to continuously maintain concentrations of respirable coal
mine dust at or below the applicable standard; and
(4) A detailed description of how each of the respirable dust
control measures described in response to paragraph (b)(3) of this
section will continue to be used by the operator, including at least the
specific time, place, and manner the control measures will be used.

[79 FR 24993, May 1, 2014, as amended at 89 FR 28485, Apr. 18, 2024]

Effective Date Note: At 89 FR 28485, Apr. 18, 2024, Sec. 90.300 was
removed, effective Apr. 14, 2025.

Sec. 90.300T Respirable dust control plan; filing requirements.

As of April 14, 2025:
(a) If an operator abates a violation of the standard by reducing
the respirable dust level in the position of the Part 90 miner, the
operator shall submit to the District Manager for approval a written
respirable dust control plan for the Part 90 miner in the position
identified in the citation within 15 calendar days after the citation is
terminated. The respirable dust control plan and revisions thereof shall
be suitable to the conditions and the mining system of the coal mine and
shall be adequate to continuously maintain respirable dust below the
standard for that Part 90 miner.
(b) Each respirable dust control plan shall include at least the
following:
(1) The mine identification number assigned by MSHA, the operator's
name, mine name, mine address, and mine telephone number and the name,
address and telephone number of the principal officer in charge of
health and safety at the mine;
(2) The name and MSHA Individual Identification Number of the part
90 miner and the position at the mine to which the plan applies;
(3) A detailed description of how each of the respirable dust
control measures used to continuously maintain concentrations of
respirable coal mine dust below the standard; and
(4) A detailed description of how each of the respirable dust
control measures described in response to paragraph (b)(3) of this
section will continue to be used by the operator, including at least the
specific time, place, and manner the control measures will be used.

[89 FR 28485, Apr. 18, 2024]

Effective Date Note: At 89 FR 28485, Apr. 18, 2024, Sec. 90.300T
was redesignated as Sec. 90.300, effective Apr. 14, 2025.

Sec. 90.301 Respirable dust control plan; approval by District Manager;
copy to part 90 miner.

[[Page 773]]

dust at or below the applicable standard.
(c) The operator shall comply with all provisions of each respirable
dust control plan upon notice from MSHA that the respirable dust control
plan is approved.
(d) The operator shall provide a copy of the current respirable dust
control plan required under this part to the part 90 miner. The operator
shall not post the original or a copy of the plan on the mine bulletin
board.
(e) The operator may review respirable dust control plans and submit
proposed revisions to such plans to the District Manager for approval.

[79 FR 24993, May 1, 2014, as amended at 89 FR 28485, Apr. 18, 2024]

Effective Date Note: At 89 FR 28485, Apr. 18, 2024, Sec. 90.301 was
removed, effective Apr. 14, 2025.

Sec. 90.301T Respirable dust control plan; approval by District Manager;
copy to part 90 miner.

As of April 14, 2025:
(a) The District Manager will approve respirable dust control plans
on a mine-by-mine basis. When approving respirable dust control plans,
the District Manager shall consider whether:
(1) The respirable dust control measures would be likely to maintain
concentrations of respirable coal mine dust below the standard; and
(2) The operator's compliance with all provisions of the respirable
dust control plan could be objectively ascertained by MSHA.
(b) MSHA may take respirable dust samples to determine whether the
respirable dust control measures in the operator's plan effectively
maintain concentrations of respirable coal mine dust below the standard.
(c) The operator shall comply with all provisions of each respirable
dust control plan upon notice from MSHA that the respirable dust control
plan is approved.
(d) The operator shall provide a copy of the current respirable dust
control plan required under this part to the part 90 miner. The operator
shall not post the original or a copy of the plan on the mine bulletin
board.
(e) The operator may review respirable dust control plans and submit
proposed revisions to such plans to the District Manager for approval.

[89 FR 28485, Apr. 18, 2024]

Effective Date Note: At 89 FR 28485, Apr. 18, 2024, Sec. 90.301T
was redesignated as Sec. 90.301, effective Apr. 14, 2025.

[[Page 774]]

SUBCHAPTER P_CIVIL PENALTIES FOR VIOLATIONS OF THE FEDERAL MINE SAFETY
AND HEALTH ACT OF 1977

PART 100_CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT OF CIVIL PENALTIES--
Table of Contents

Sec.
100.1 Scope and purpose.
100.2 Applicability.
100.3 Determination of penalty amount; regular assessment.
100.4 Unwarrantable failure and immediate notification.
100.5 Determination of penalty amount; special assessment.
100.6 Procedures for review of citations and orders; procedures for
assessment of civil penalties and conferences.
100.7 Notice of proposed penalty; notice of contest.
100.8 Service.

Authority: 5 U.S.C. 301; 30 U.S.C. 815, 820, 957; 28 U.S.C. 2461
note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L.
114-74 at sec. 701.

Source: 72 FR 13635, Mar. 22, 2007, unless otherwise noted.

Sec. 100.1 Scope and purpose.

This part provides the criteria and procedures for proposing civil
penalties under sections 105 and 110 of the Federal Mine Safety and
Health Act of 1977 (Mine Act). The purpose of this part is to provide a
fair and equitable procedure for the application of the statutory
criteria in determining proposed penalties for violations, to maximize
the incentives for mine operators to prevent and correct hazardous
conditions, and to assure the prompt and efficient processing and
collection of penalties.

Sec. 100.2 Applicability.

The criteria and procedures in this part are applicable to all
proposed assessments of civil penalties for violations of the Mine Act
and the standards and regulations promulgated pursuant to the Mine Act,
as amended. MSHA shall review each citation and order and shall make
proposed assessments of civil penalties.

Sec. 100.3 Determination of penalty amount; regular assessment.

(a) General. (1) Except as provided in Sec. 100.5(e), the operator
of any mine in which a violation occurs of a mandatory health or safety
standard or who violates any other provision of the Mine Act, as
amended, shall be assessed a civil penalty of not more than $88,354.
Each occurrence of a violation of a mandatory safety or health standard
may constitute a separate offense. The amount of the proposed civil
penalty shall be based on the criteria set forth in sections 105(b) and
110(i) of the Mine Act. These criteria are:
(i) The appropriateness of the penalty to the size of the business
of the operator charged;
(ii) The operator's history of previous violations;
(iii) Whether the operator was negligent;
(iv) The gravity of the violation;
(v) The demonstrated good faith of the operator charged in
attempting to achieve rapid compliance after notification of a
violation; and
(vi) The effect of the penalty on the operator's ability to continue
in business.
(2) A regular assessment is determined by first assigning the
appropriate number of penalty points to the violation by using the
appropriate criteria and tables set forth in this section. The total
number of penalty points will then be converted into a dollar amount
under the penalty conversion table in paragraph (g) of this section. The
penalty amount will be adjusted for demonstrated good faith in
accordance with paragraph (f) of this section.
(b) The appropriateness of the penalty to the size of the business
of the operator charged. The appropriateness of the penalty to the size
of the mine operator's business is calculated by using both the size of
the mine cited and the size of the mine's controlling entity. The size
of coal mines and their controlling entities is measured by coal
production. The size of metal and

[[Page 775]]

nonmetal mines and their controlling entities is measured by hours
worked. The size of independent contractors is measured by the total
hours worked at all mines. Penalty points for size are assigned based on
Tables I to V. As used in these tables, the terms ``annual tonnage'' and
``annual hours worked'' mean coal produced and hours worked in the
previous calendar year. In cases where a full year of data is not
available, the coal produced or hours worked is prorated to an annual
basis. This criterion accounts for a maximum of 25 penalty points.

[[Page 776]]

[GRAPHIC] [TIFF OMITTED] TR22MR07.024

[[Page 777]]

[GRAPHIC] [TIFF OMITTED] TR22MR07.025

[[Page 778]]

[GRAPHIC] [TIFF OMITTED] TR22MR07.026

(c) History of previous violations. An operator's history of
previous violations is based on both the total number of violations and
the number of repeat violations of the same citable provision of a
standard in a preceding 15-month period. Only assessed violations that
have been paid or finally adjudicated, or have become final orders of
the Commission will be included in determining an operator's history.
The repeat aspect of the history criterion in paragraph (c)(2) of this
section applies only after an operator has received 10 violations or an
independent contractor operator has received 6 violations.
(1) Total number of violations. For mine operators, penalty points
are assigned on the basis of the number of violations per inspection day
(VPID)(Table VI). Penalty points are not assigned for mines with fewer
than 10 violations in the specified history period. For independent
contractors, penalty points are assigned on the basis of the total
number of violations at all mines (Table VII). This aspect of the
history criterion accounts for a maximum of 25 penalty points.

[[Page 779]]

[GRAPHIC] [TIFF OMITTED] TR22MR07.027

(2) Repeat violations of the same standard. Repeat violation history
is based on the number of violations of the same citable provision of a
standard in a preceding 15-month period. For coal and metal and nonmetal
mine operators with a minimum of six repeat violations, penalty points
are assigned

[[Page 780]]

on the basis of the number of repeat violations per inspection day
(RPID) (Table VIII). For independent contractors, penalty points are
assigned on the basis of the number of violations at all mines (Table
IX). This aspect of the history criterion accounts for a maximum of 20
penalty points (Table VIII).
[GRAPHIC] [TIFF OMITTED] TR22MR07.028

[[Page 781]]

(d) Negligence. Negligence is conduct, either by commission or
omission, which falls below a standard of care established under the
Mine Act to protect miners against the risks of harm. Under the Mine
Act, an operator is held to a high standard of care. A mine operator is
required to be on the alert for conditions and practices in the mine
that affect the safety or health of miners and to take steps necessary
to correct or prevent hazardous conditions or practices. The failure to
exercise a high standard of care constitutes negligence. The negligence
criterion assigns penalty points based on the degree to which the
operator failed to exercise a high standard of care. When applying this
criterion, MSHA considers mitigating circumstances which may include,
but are not limited to, actions taken by the operator to prevent or
correct hazardous conditions or practices. This criterion accounts for a
maximum of 50 penalty points, based on conduct evaluated according to
Table X.

[[Page 782]]

[GRAPHIC] [TIFF OMITTED] TR22MR07.029

(e) Gravity. Gravity is an evaluation of the seriousness of the
violation. This criterion accounts for a maximum of 88 penalty points,
as derived from the Tables XI through XIII. Gravity is determined by the
likelihood of the occurrence of the event against which a standard is
directed; the severity of the

[[Page 783]]

illness or injury if the event has occurred or was to occur; and the
number of persons potentially affected if the event has occurred or were
to occur.
[GRAPHIC] [TIFF OMITTED] TR22MR07.030

[[Page 784]]

[GRAPHIC] [TIFF OMITTED] TR22MR07.031

(f) Demonstrated good faith of the operator in abating the
violation. This criterion provides a 10% reduction in the penalty amount
of a regular assessment where the operator abates the violation within
the time set by the inspector.
(g) Penalty conversion table. The penalty conversion table is used
to convert the total penalty points to a dollar amount.

Table 14 to Paragraph (g)--Penalty Conversion Table
------------------------------------------------------------------------
Points Penalty ($)
------------------------------------------------------------------------
60 or fewer............................................. $164
61...................................................... 179
62...................................................... 192
63...................................................... 210
64...................................................... 227
65...................................................... 246
66...................................................... 266
67...................................................... 289
68...................................................... 312
69...................................................... 339
70...................................................... 365
71...................................................... 397
72...................................................... 432
73...................................................... 468
74...................................................... 504
75...................................................... 547
76...................................................... 595
77...................................................... 641
78...................................................... 696
79...................................................... 755
80...................................................... 818
81...................................................... 886
82...................................................... 957
83...................................................... 1,039
84...................................................... 1,124
85...................................................... 1,220
86...................................................... 1,321
87...................................................... 1,430
88...................................................... 1,550
89...................................................... 1,679
90...................................................... 1,819
91...................................................... 1,970
92...................................................... 2,132
93...................................................... 2,311
94...................................................... 2,504
95...................................................... 2,712
96...................................................... 2,938
97...................................................... 3,180
98...................................................... 3,448
99...................................................... 3,735
100..................................................... 4,047
101..................................................... 4,383
102..................................................... 4,748
103..................................................... 5,143
104..................................................... 5,571

[[Page 785]]

105..................................................... 6,037
106..................................................... 6,538
107..................................................... 7,083
108..................................................... 7,673
109..................................................... 8,313
110..................................................... 9,005
111..................................................... 9,752
112..................................................... 10,567
113..................................................... 11,447
114..................................................... 12,401
115..................................................... 13,433
116..................................................... 14,551
117..................................................... 15,765
118..................................................... 17,077
119..................................................... 18,500
120..................................................... 20,039
121..................................................... 21,711
122..................................................... 23,515
123..................................................... 25,477
124..................................................... 27,599
125..................................................... 29,893
126..................................................... 32,386
127..................................................... 35,084
128..................................................... 38,005
129..................................................... 41,171
130..................................................... 44,601
131..................................................... 48,316
132..................................................... 52,338
133..................................................... 56,698
134..................................................... 61,221
135..................................................... 65,741
136..................................................... 70,266
137..................................................... 74,785
138..................................................... 79,309
139..................................................... 83,830
140 or more............................................. 88,354
------------------------------------------------------------------------

(h) The effect of the penalty on the operator's ability to continue
in business. MSHA presumes that the operator's ability to continue in
business will not be affected by the assessment of a civil penalty. The
operator may, however, submit information to the District Manager
concerning the financial status of the business. If the information
provided by the operator indicates that the penalty will adversely
affect the operator's ability to continue in business, the penalty may
be reduced.

[72 FR 13635, Mar. 22, 2007, as amended at 73 FR 7209, Feb. 7, 2008; 81
FR 43455, July 1, 2016; 82 FR 5383, Jan. 18, 2017; 83 FR 14, Jan. 2,
2018; 84 FR 219, Jan. 23, 2019; 85 FR 2299, Jan. 15, 2020; 86 FR 2970,
Jan. 14, 2021; 87 FR 2336, Jan. 14, 2022; 88 FR 2218, Jan. 13, 2023; 89
FR 1817, Jan. 11, 2024]

Sec. 100.4 Unwarrantable failure and immediate notification.

(a) The minimum penalty for any citation or order issued under
section 104(d)(1) of the Mine Act shall be $2,945.
(b) The minimum penalty for any order issued under section 104(d)(2)
of the Mine Act shall be $5,888.
(c) The penalty for failure to provide timely notification to the
Secretary under section 103(j) of the Mine Act will be not less than
$7,364 and not more than $88,354 for the following accidents:
(1) The death of an individual at the mine, or
(2) An injury or entrapment of an individual at the mine, which has
a reasonable potential to cause death.

[72 FR 13635, Mar. 22, 2007, as amended at 74 FR 68919, Dec. 29, 2009;
77 FR 76408, Dec. 28, 2012; 81 FR 43455, July 1, 2016; 82 FR 5383, Jan.
18, 2017; 83 FR 14, Jan. 2, 2018; 84 FR 220, Jan. 23, 2019; 85 FR 2299,
Jan. 15, 2020; 86 FR 2970, Jan. 14, 2021; 87 FR 2336, Jan. 14, 2022; 88
FR 2218, Jan. 13, 2023; 89 FR 1818, Jan. 11, 2024]

Sec. 100.5 Determination of penalty amount; special assessment.

(a) MSHA may elect to waive the regular assessment under Sec. 100.3
if it determines that conditions warrant a special assessment.
(b) When MSHA determines that a special assessment is appropriate,
the proposed penalty will be based on the six criteria set forth in
Sec. 100.3(a). All findings shall be in narrative form.
(c) Any operator who fails to correct a violation for which a
citation has been issued under Section 104(a) of the Mine Act within the
period permitted for its correction may be assessed a civil penalty of
not more than $9,571 for each day during which such failure or violation
continues.
(d) Any miner who willfully violates the mandatory safety standards
relating to smoking or the carrying of smoking materials, matches, or
lighters shall be subject to a civil penalty of not more than $404 for
each occurrence of such violation.
(e) Violations that are deemed to be flagrant under section
110(b)(2) of the

[[Page 786]]

Mine Act may be assessed a civil penalty of not more than $323,960. For
purposes of this section, a flagrant violation means ``a reckless or
repeated failure to make reasonable efforts to eliminate a known
violation of a mandatory health or safety standard that substantially
and proximately caused, or reasonably could have been expected to cause,
death or serious bodily injury.''

[72 FR 13635, Mar. 22, 2007, as amended at 73 FR 7210, Feb. 7, 2008; 74
FR 68919, Dec. 29, 2009; 77 FR 76408, Dec. 28, 2012; 81 FR 43456, July
1, 2016; 82 FR 5383, Jan. 18, 2017; 83 FR 14, Jan. 2, 2018; 84 FR 220,
Jan. 23, 2019; 85 FR 2299, Jan. 15, 2020; 86 FR 2970, Jan. 14, 2021; 87
FR 2336, Jan. 14, 2022; 88 FR 2218, Jan. 13, 2023; 89 FR 1818, Jan. 11,
2024]

Sec. 100.6 Procedures for review of citations and orders;
procedures for assessment of civil penalties and conferences.

(a) All parties shall be afforded the opportunity to review with
MSHA each citation and order issued during an inspection. It is within
the sole discretion of MSHA to grant a request for a conference and to
determine the nature of the conference.
(b) Upon notice by MSHA, all parties will have 10 days within which
to submit additional information or request a safety and health
conference with the District Manager or designee. A conference request
may include a request to be notified of, and to participate in, a
conference initiated by another party. A conference request must be in
writing and must include a brief statement of the reason why each
citation or order should be conferenced.
(c) When a conference is conducted, the parties may submit any
additional relevant information relating to the violation, either prior
to or at the conference. To expedite the conference, the official
assigned to the case may contact the parties to discuss the issues
involved prior to the conference.
(d) MSHA will consider all relevant information submitted in a
timely manner by the parties with respect to the violation. When the
facts warrant a finding that no violation occurred, the citation or
order will be vacated. Upon conclusion of the conference, or expiration
of the conference request period, all citations that are abated and all
orders will be promptly referred to MSHA's Office of Assessments. The
Office of Assessments will use the citations, orders, and inspector's
evaluation as the basis for determining the appropriate amount of a
proposed penalty.

Sec. 100.7 Notice of proposed penalty; notice of contest.

(a) A notice of proposed penalty will be issued and served by
certified mail, or the equivalent, upon the party to be charged and by
regular mail to the representative of miners at the mine after the time
permitted to request a conference under Sec. 100.6 expires, or upon the
completion of a conference, or upon review by MSHA of additional
information submitted in a timely manner.
(b) Upon receipt of the notice of proposed penalty, the party
charged shall have 30 days to either:
(1) Pay the proposed assessment. Acceptance by MSHA of payment
tendered by the party charged will close the case.
(2) Notify MSHA in writing of the intention to contest the proposed
penalty. When MSHA receives the notice of contest, it advises the
Federal Mine Safety and Health Review Commission (Commission) of such
notice. No proposed penalty which has been contested before the
Commission shall be compromised, mitigated or settled except with the
approval of the Commission.
(c) If the proposed penalty is not paid or contested within 30 days
of receipt, the proposed penalty becomes a final order of the Commission
and is not subject to review by any court or agency.

Sec. 100.8 Service.

(a) All operators are required by part 41 (Notification of Legal
Identity) of this chapter to file with MSHA the name and address of
record of the operator. All representatives of miners are required by
part 40 (Representative of Miners) of this chapter to file with MSHA the
mailing address of the person or organization acting in a representative
capacity. Proposed penalty assessments delivered to those addresses
shall constitute service.
(b) If any of the parties choose to have proposed penalty
assessments

[[Page 787]]

mailed to a different address, the Office of Assessments must be
notified in writing of the new address. Delivery to this address shall
also constitute service.
(c) Service for operators who fail to file under part 41 of this
chapter will be upon the last known business address recorded with MSHA.

PARTS 101 103 [RESERVED]

[[Page 788]]

SUBCHAPTER Q_PATTERN OF VIOLATIONS

PART 104_PATTERN OF VIOLATIONS--Table of Contents

Sec.
104.1 Purpose and scope.
104.2 Pattern criteria.
104.3 Issuance of notice.
104.4 Termination of notice.

Authority: 30 U.S.C. 814(e), 957.

Source: 78 FR 5073, Jan. 23, 2013, unless otherwise noted.

Sec. 104.1 Purpose and scope.

This part establishes the criteria and procedures for determining
whether a mine operator has established a pattern of significant and
substantial (S&S) violations at a mine. It implements section 104(e) of
the Federal Mine Safety and Health Act of 1977 (Mine Act) by addressing
mines with an inspection history of recurrent S&S violations of
mandatory safety or health standards that demonstrate a mine operator's
disregard for the health and safety of miners. The purpose of the
procedures in this part is the restoration of effective safe and
healthful conditions at such mines.

Sec. 104.2 Pattern criteria.

(a) At least once each year, MSHA will review the compliance and
accident, injury, and illness records of mines to determine if any mines
meet the pattern of violations criteria. MSHA's review to identify mines
with a pattern of S&S violations will include:
(1) Citations for S&S violations;
(2) Orders under section 104(b) of the Mine Act for not abating S&S
violations;
(3) Citations and withdrawal orders under section 104(d) of the Mine
Act, resulting from the mine operator's unwarrantable failure to comply;
(4) Imminent danger orders under section 107(a) of the Mine Act;
(5) Orders under section 104(g) of the Mine Act requiring withdrawal
of miners who have not received training and who MSHA declares to be a
hazard to themselves and others;
(6) Enforcement measures, other than section 104(e) of the Mine Act,
that have been applied at the mine;
(7) Other information that demonstrates a serious safety or health
management problem at the mine, such as accident, injury, and illness
records; and
(8) Mitigating circumstances.
(b) MSHA will post the specific pattern criteria on its Web site.

Sec. 104.3 Issuance of notice.

(a) When a mine has a pattern of violations, the District Manager
will issue a pattern of violations notice to the mine operator that
specifies the basis for the Agency's action. The District Manager will
also provide a copy of this notice to the representative of miners.
(b) The mine operator shall post the pattern of violations notice
issued under this part on the mine bulletin board. The pattern of
violations notice shall remain posted at the mine until MSHA terminates
it under Sec. 104.4 of this part.
(c) If MSHA finds any S&S violation within 90 days after issuance of
the pattern notice, MSHA will issue an order for the withdrawal of all
persons from the affected area, except those persons referred to in
section 104(c) of the Mine Act, until the violation has been abated.
(d) If a withdrawal order is issued under paragraph (c) of this
section, any subsequent S&S violation will result in a withdrawal order
that will remain in effect until MSHA determines that the violation has
been abated.

Sec. 104.4 Termination of notice.

(a) Termination of a section 104(e)(1) pattern of violations notice
shall occur when an MSHA inspection of the entire mine finds no S&S
violations or if MSHA does not issue a withdrawal order in accordance
with section 104(e)(1) of the Mine Act within 90 days after the issuance
of the pattern of violations notice.

[[Page 789]]

(b) The mine operator may request an inspection of the entire mine
or portion of the mine. MSHA will not provide advance notice of the
inspection and will determine the scope of the inspection. Inspections
of portions of the mine, within 90 days, that together cover the entire
mine shall constitute an inspection of the entire mine for the purposes
of this part.

PARTS 105 199 [RESERVED]

[[Page 791]]

FINDING AIDS

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

A list of CFR titles, subtitles, chapters, subchapters and parts and
an alphabetical list of agencies publishing in the CFR are included in
the CFR Index and Finding Aids volume to the Code of Federal Regulations
which is published separately and revised annually.

Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected

[[Page 793]]

Table of CFR Titles and Chapters

(Revised as of July 1, 2024)

Title 1--General Provisions

I Administrative Committee of the Federal Register
(Parts 1--49)
II Office of the Federal Register (Parts 50--299)
III Administrative Conference of the United States (Parts
300--399)
IV Miscellaneous Agencies (Parts 400--599)
VI National Capital Planning Commission (Parts 600--699)

Title 2--Grants and Agreements

Subtitle A--Office of Management and Budget Guidance
for Grants and Agreements
I Office of Management and Budget Governmentwide
Guidance for Grants and Agreements (Parts 2--199)
II Office of Management and Budget Guidance (Parts 200--
299)
Subtitle B--Federal Agency Regulations for Grants and
Agreements
III Department of Health and Human Services (Parts 300--
399)
IV Department of Agriculture (Parts 400--499)
VI Department of State (Parts 600--699)
VII Agency for International Development (Parts 700--799)
VIII Department of Veterans Affairs (Parts 800--899)
IX Department of Energy (Parts 900--999)
X Department of the Treasury (Parts 1000--1099)
XI Department of Defense (Parts 1100--1199)
XII Department of Transportation (Parts 1200--1299)
XIII Department of Commerce (Parts 1300--1399)
XIV Department of the Interior (Parts 1400--1499)
XV Environmental Protection Agency (Parts 1500--1599)
XVI U.S. International Development Finance Corporation
(Parts 1600--1699)
XVIII National Aeronautics and Space Administration (Parts
1800--1899)
XX United States Nuclear Regulatory Commission (Parts
2000--2099)
XXII Corporation for National and Community Service (Parts
2200--2299)
XXIII Social Security Administration (Parts 2300--2399)
XXIV Department of Housing and Urban Development (Parts
2400--2499)

[[Page 794]]

XXV National Science Foundation (Parts 2500--2599)
XXVI National Archives and Records Administration (Parts
2600--2699)
XXVII Small Business Administration (Parts 2700--2799)
XXVIII Department of Justice (Parts 2800--2899)
XXIX Department of Labor (Parts 2900--2999)
XXX Department of Homeland Security (Parts 3000--3099)
XXXI Institute of Museum and Library Services (Parts 3100--
3199)
XXXII National Endowment for the Arts (Parts 3200--3299)
XXXIII National Endowment for the Humanities (Parts 3300--
3399)
XXXIV Department of Education (Parts 3400--3499)
XXXV Export-Import Bank of the United States (Parts 3500--
3599)
XXXVI Office of National Drug Control Policy, Executive
Office of the President (Parts 3600--3699)
XXXVII Peace Corps (Parts 3700--3799)
LVIII Election Assistance Commission (Parts 5800--5899)
LIX Gulf Coast Ecosystem Restoration Council (Parts 5900--
5999)
LX Federal Communications Commission (Parts 6000--6099)

Title 3--The President

I Executive Office of the President (Parts 100--199)

Title 4--Accounts

I Government Accountability Office (Parts 1--199)

Title 5--Administrative Personnel

I Office of Personnel Management (Parts 1--1199)
II Merit Systems Protection Board (Parts 1200--1299)
III Office of Management and Budget (Parts 1300--1399)
IV Office of Personnel Management and Office of the
Director of National Intelligence (Parts 1400--
1499)
V The International Organizations Employees Loyalty
Board (Parts 1500--1599)
VI Federal Retirement Thrift Investment Board (Parts
1600--1699)
VIII Office of Special Counsel (Parts 1800--1899)
IX Appalachian Regional Commission (Parts 1900--1999)
XI Armed Forces Retirement Home (Parts 2100--2199)
XIV Federal Labor Relations Authority, General Counsel of
the Federal Labor Relations Authority and Federal
Service Impasses Panel (Parts 2400--2499)
XVI Office of Government Ethics (Parts 2600--2699)
XXI Department of the Treasury (Parts 3100--3199)
XXII Federal Deposit Insurance Corporation (Parts 3200--
3299)
XXIII Department of Energy (Parts 3300--3399)

[[Page 795]]

XXIV Federal Energy Regulatory Commission (Parts 3400--
3499)
XXV Department of the Interior (Parts 3500--3599)
XXVI Department of Defense (Parts 3600--3699)
XXVIII Department of Justice (Parts 3800--3899)
XXIX Federal Communications Commission (Parts 3900--3999)
XXX Farm Credit System Insurance Corporation (Parts 4000--
4099)
XXXI Farm Credit Administration (Parts 4100--4199)
XXXIII U.S. International Development Finance Corporation
(Parts 4300--4399)
XXXIV Securities and Exchange Commission (Parts 4400--4499)
XXXV Office of Personnel Management (Parts 4500--4599)
XXXVI Department of Homeland Security (Parts 4600--4699)
XXXVII Federal Election Commission (Parts 4700--4799)
XL Interstate Commerce Commission (Parts 5000--5099)
XLI Commodity Futures Trading Commission (Parts 5100--
5199)
XLII Department of Labor (Parts 5200--5299)
XLIII National Science Foundation (Parts 5300--5399)
XLV Department of Health and Human Services (Parts 5500--
5599)
XLVI Postal Rate Commission (Parts 5600--5699)
XLVII Federal Trade Commission (Parts 5700--5799)
XLVIII Nuclear Regulatory Commission (Parts 5800--5899)
XLIX Federal Labor Relations Authority (Parts 5900--5999)
L Department of Transportation (Parts 6000--6099)
LII Export-Import Bank of the United States (Parts 6200--
6299)
LIII Department of Education (Parts 6300--6399)
LIV Environmental Protection Agency (Parts 6400--6499)
LV National Endowment for the Arts (Parts 6500--6599)
LVI National Endowment for the Humanities (Parts 6600--
6699)
LVII General Services Administration (Parts 6700--6799)
LVIII Board of Governors of the Federal Reserve System
(Parts 6800--6899)
LIX National Aeronautics and Space Administration (Parts
6900--6999)
LX United States Postal Service (Parts 7000--7099)
LXI National Labor Relations Board (Parts 7100--7199)
LXII Equal Employment Opportunity Commission (Parts 7200--
7299)
LXIII Inter-American Foundation (Parts 7300--7399)
LXIV Merit Systems Protection Board (Parts 7400--7499)
LXV Department of Housing and Urban Development (Parts
7500--7599)
LXVI National Archives and Records Administration (Parts
7600--7699)
LXVII Institute of Museum and Library Services (Parts 7700--
7799)
LXVIII Commission on Civil Rights (Parts 7800--7899)
LXIX Tennessee Valley Authority (Parts 7900--7999)

[[Page 796]]

LXX Court Services and Offender Supervision Agency for the
District of Columbia (Parts 8000--8099)
LXXI Consumer Product Safety Commission (Parts 8100--8199)
LXXIII Department of Agriculture (Parts 8300--8399)
LXXIV Federal Mine Safety and Health Review Commission
(Parts 8400--8499)
LXXVI Federal Retirement Thrift Investment Board (Parts
8600--8699)
LXXVII Office of Management and Budget (Parts 8700--8799)
LXXX Federal Housing Finance Agency (Parts 9000--9099)
LXXXIII Special Inspector General for Afghanistan
Reconstruction (Parts 9300--9399)
LXXXIV Bureau of Consumer Financial Protection (Parts 9400--
9499)
LXXXVI National Credit Union Administration (Parts 9600--
9699)
XCVII Department of Homeland Security Human Resources
Management System (Department of Homeland
Security--Office of Personnel Management) (Parts
9700--9799)
XCVIII Council of the Inspectors General on Integrity and
Efficiency (Parts 9800--9899)
XCIX Military Compensation and Retirement Modernization
Commission (Parts 9900--9999)
C National Council on Disability (Parts 10000--10049)
CI National Mediation Board (Parts 10100--10199)
CII U.S. Office of Special Counsel (Parts 10200--10299)
CIII U.S. Office of Federal Mediation and Conciliation
Service (Parts 10300--10399)
CIV Office of the Intellectual Property Enforcement
Coordinator (Part 10400--10499)

Title 6--Domestic Security

I Department of Homeland Security, Office of the
Secretary (Parts 1--199)
X Privacy and Civil Liberties Oversight Board (Parts
1000--1099)

Title 7--Agriculture

Subtitle A--Office of the Secretary of Agriculture
(Parts 0--26)
Subtitle B--Regulations of the Department of
Agriculture
I Agricultural Marketing Service (Standards,
Inspections, Marketing Practices), Department of
Agriculture (Parts 27--209)
II Food and Nutrition Service, Department of Agriculture
(Parts 210--299)
III Animal and Plant Health Inspection Service, Department
of Agriculture (Parts 300--399)
IV Federal Crop Insurance Corporation, Department of
Agriculture (Parts 400--499)
V Agricultural Research Service, Department of
Agriculture (Parts 500--599)

[[Page 797]]

VI Natural Resources Conservation Service, Department of
Agriculture (Parts 600--699)
VII Farm Service Agency, Department of Agriculture (Parts
700--799)
VIII Agricultural Marketing Service (Federal Grain
Inspection Service, Fair Trade Practices Program),
Department of Agriculture (Parts 800--899)
IX Agricultural Marketing Service (Marketing Agreements
and Orders; Fruits, Vegetables, Nuts), Department
of Agriculture (Parts 900--999)
X Agricultural Marketing Service (Marketing Agreements
and Orders; Milk), Department of Agriculture
(Parts 1000--1199)
XI Agricultural Marketing Service (Marketing Agreements
and Orders; Miscellaneous Commodities), Department
of Agriculture (Parts 1200--1299)
XIV Commodity Credit Corporation, Department of
Agriculture (Parts 1400--1499)
XV Foreign Agricultural Service, Department of
Agriculture (Parts 1500--1599)
XVI [Reserved]
XVII Rural Utilities Service, Department of Agriculture
(Parts 1700--1799)
XVIII Rural Housing Service, Rural Business-Cooperative
Service, Rural Utilities Service, and Farm Service
Agency, Department of Agriculture (Parts 1800--
2099)
XX [Reserved]
XXV Office of Advocacy and Outreach, Department of
Agriculture (Parts 2500--2599)
XXVI Office of Inspector General, Department of Agriculture
(Parts 2600--2699)
XXVII Office of Information Resources Management, Department
of Agriculture (Parts 2700--2799)
XXVIII Office of Operations, Department of Agriculture (Parts
2800--2899)
XXIX Office of Energy Policy and New Uses, Department of
Agriculture (Parts 2900--2999)
XXX Office of the Chief Financial Officer, Department of
Agriculture (Parts 3000--3099)
XXXI Office of Environmental Quality, Department of
Agriculture (Parts 3100--3199)
XXXII Office of Procurement and Property Management,
Department of Agriculture (Parts 3200--3299)
XXXIII Office of Transportation, Department of Agriculture
(Parts 3300--3399)
XXXIV National Institute of Food and Agriculture (Parts
3400--3499)
XXXV Rural Housing Service, Department of Agriculture
(Parts 3500--3599)
XXXVI National Agricultural Statistics Service, Department
of Agriculture (Parts 3600--3699)

[[Page 798]]

XXXVII Economic Research Service, Department of Agriculture
(Parts 3700--3799)
XXXVIII World Agricultural Outlook Board, Department of
Agriculture (Parts 3800--3899)
XLI [Reserved]
XLII Rural Business-Cooperative Service, Department of
Agriculture (Parts 4200--4299)
L Rural Business-Cooperative Service, Rural Housing
Service, and Rural Utilities Service, Department
of Agriculture (Parts 5000--5099)

Title 8--Aliens and Nationality

I Department of Homeland Security (Parts 1--499)
V Executive Office for Immigration Review, Department of
Justice (Parts 1000--1399)

Title 9--Animals and Animal Products

I Animal and Plant Health Inspection Service, Department
of Agriculture (Parts 1--199)
II Agricultural Marketing Service (Fair Trade Practices
Program), Department of Agriculture (Parts 200--
299)
III Food Safety and Inspection Service, Department of
Agriculture (Parts 300--599)

Title 10--Energy

I Nuclear Regulatory Commission (Parts 0--199)
II Department of Energy (Parts 200--699)
III Department of Energy (Parts 700--999)
X Department of Energy (General Provisions) (Parts
1000--1099)
XIII Nuclear Waste Technical Review Board (Parts 1300--
1399)
XVII Defense Nuclear Facilities Safety Board (Parts 1700--
1799)
XVIII Northeast Interstate Low-Level Radioactive Waste
Commission (Parts 1800--1899)

Title 11--Federal Elections

I Federal Election Commission (Parts 1--9099)
II Election Assistance Commission (Parts 9400--9499)

Title 12--Banks and Banking

I Comptroller of the Currency, Department of the
Treasury (Parts 1--199)
II Federal Reserve System (Parts 200--299)
III Federal Deposit Insurance Corporation (Parts 300--399)

[[Page 799]]

IV Export-Import Bank of the United States (Parts 400--
499)
V (Parts 500--599) [Reserved]
VI Farm Credit Administration (Parts 600--699)
VII National Credit Union Administration (Parts 700--799)
VIII Federal Financing Bank (Parts 800--899)
IX (Parts 900--999)[Reserved]
X Consumer Financial Protection Bureau (Parts 1000--
1099)
XI Federal Financial Institutions Examination Council
(Parts 1100--1199)
XII Federal Housing Finance Agency (Parts 1200--1299)
XIII Financial Stability Oversight Council (Parts 1300--
1399)
XIV Farm Credit System Insurance Corporation (Parts 1400--
1499)
XV Department of the Treasury (Parts 1500--1599)
XVI Office of Financial Research, Department of the
Treasury (Parts 1600--1699)
XVII Office of Federal Housing Enterprise Oversight,
Department of Housing and Urban Development (Parts
1700--1799)
XVIII Community Development Financial Institutions Fund,
Department of the Treasury (Parts 1800--1899)

Title 13--Business Credit and Assistance

I Small Business Administration (Parts 1--199)
III Economic Development Administration, Department of
Commerce (Parts 300--399)
IV Emergency Steel Guarantee Loan Board (Parts 400--499)
V Emergency Oil and Gas Guaranteed Loan Board (Parts
500--599)

Title 14--Aeronautics and Space

I Federal Aviation Administration, Department of
Transportation (Parts 1--199)
II Office of the Secretary, Department of Transportation
(Aviation Proceedings) (Parts 200--399)
III Commercial Space Transportation, Federal Aviation
Administration, Department of Transportation
(Parts 400--1199)
V National Aeronautics and Space Administration (Parts
1200--1299)
VI Air Transportation System Stabilization (Parts 1300--
1399)

Title 15--Commerce and Foreign Trade

Subtitle A--Office of the Secretary of Commerce (Parts
0--29)
Subtitle B--Regulations Relating to Commerce and
Foreign Trade
I Bureau of the Census, Department of Commerce (Parts
30--199)

[[Page 800]]

II National Institute of Standards and Technology,
Department of Commerce (Parts 200--299)
III International Trade Administration, Department of
Commerce (Parts 300--399)
IV Foreign-Trade Zones Board, Department of Commerce
(Parts 400--499)
VII Bureau of Industry and Security, Department of
Commerce (Parts 700--799)
VIII Bureau of Economic Analysis, Department of Commerce
(Parts 800--899)
IX National Oceanic and Atmospheric Administration,
Department of Commerce (Parts 900--999)
XI National Technical Information Service, Department of
Commerce (Parts 1100--1199)
XIII East-West Foreign Trade Board (Parts 1300--1399)
XIV Minority Business Development Agency (Parts 1400--
1499)
XV Office of the Under-Secretary for Economic Affairs,
Department of Commerce (Parts 1500--1599)
Subtitle C--Regulations Relating to Foreign Trade
Agreements
XX Office of the United States Trade Representative
(Parts 2000--2099)
Subtitle D--Regulations Relating to Telecommunications
and Information
XXIII National Telecommunications and Information
Administration, Department of Commerce (Parts
2300--2399) [Reserved]

Title 16--Commercial Practices

I Federal Trade Commission (Parts 0--999)
II Consumer Product Safety Commission (Parts 1000--1799)

Title 17--Commodity and Securities Exchanges

I Commodity Futures Trading Commission (Parts 1--199)
II Securities and Exchange Commission (Parts 200--399)
IV Department of the Treasury (Parts 400--499)

Title 18--Conservation of Power and Water Resources

I Federal Energy Regulatory Commission, Department of
Energy (Parts 1--399)
III Delaware River Basin Commission (Parts 400--499)
VI Water Resources Council (Parts 700--799)
VIII Susquehanna River Basin Commission (Parts 800--899)
XIII Tennessee Valley Authority (Parts 1300--1399)

[[Page 801]]

Title 19--Customs Duties

I U.S. Customs and Border Protection, Department of
Homeland Security; Department of the Treasury
(Parts 0--199)
II United States International Trade Commission (Parts
200--299)
III International Trade Administration, Department of
Commerce (Parts 300--399)
IV U.S. Immigration and Customs Enforcement, Department
of Homeland Security (Parts 400--599) [Reserved]

Title 20--Employees' Benefits

I Office of Workers' Compensation Programs, Department
of Labor (Parts 1--199)
II Railroad Retirement Board (Parts 200--399)
III Social Security Administration (Parts 400--499)
IV Employees' Compensation Appeals Board, Department of
Labor (Parts 500--599)
V Employment and Training Administration, Department of
Labor (Parts 600--699)
VI Office of Workers' Compensation Programs, Department
of Labor (Parts 700--799)
VII Benefits Review Board, Department of Labor (Parts
800--899)
VIII Joint Board for the Enrollment of Actuaries (Parts
900--999)
IX Office of the Assistant Secretary for Veterans'
Employment and Training Service, Department of
Labor (Parts 1000--1099)

Title 21--Food and Drugs

I Food and Drug Administration, Department of Health and
Human Services (Parts 1--1299)
II Drug Enforcement Administration, Department of Justice
(Parts 1300--1399)
III Office of National Drug Control Policy (Parts 1400--
1499)

Title 22--Foreign Relations

I Department of State (Parts 1--199)
II Agency for International Development (Parts 200--299)
III Peace Corps (Parts 300--399)
IV International Joint Commission, United States and
Canada (Parts 400--499)
V United States Agency for Global Media (Parts 500--599)
VII U.S. International Development Finance Corporation
(Parts 700--799)
IX Foreign Service Grievance Board (Parts 900--999)
X Inter-American Foundation (Parts 1000--1099)
XI International Boundary and Water Commission, United
States and Mexico, United States Section (Parts
1100--1199)

[[Page 802]]

XII United States International Development Cooperation
Agency (Parts 1200--1299)
XIII Millennium Challenge Corporation (Parts 1300--1399)
XIV Foreign Service Labor Relations Board; Federal Labor
Relations Authority; General Counsel of the
Federal Labor Relations Authority; and the Foreign
Service Impasse Disputes Panel (Parts 1400--1499)
XV African Development Foundation (Parts 1500--1599)
XVI Japan-United States Friendship Commission (Parts
1600--1699)
XVII United States Institute of Peace (Parts 1700--1799)

Title 23--Highways

I Federal Highway Administration, Department of
Transportation (Parts 1--999)
II National Highway Traffic Safety Administration and
Federal Highway Administration, Department of
Transportation (Parts 1200--1299)
III National Highway Traffic Safety Administration,
Department of Transportation (Parts 1300--1399)

Title 24--Housing and Urban Development

Subtitle A--Office of the Secretary, Department of
Housing and Urban Development (Parts 0--99)
Subtitle B--Regulations Relating to Housing and Urban
Development
I Office of Assistant Secretary for Equal Opportunity,
Department of Housing and Urban Development (Parts
100--199)
II Office of Assistant Secretary for Housing-Federal
Housing Commissioner, Department of Housing and
Urban Development (Parts 200--299)
III Government National Mortgage Association, Department
of Housing and Urban Development (Parts 300--399)
IV Office of Housing and Office of Multifamily Housing
Assistance Restructuring, Department of Housing
and Urban Development (Parts 400--499)
V Office of Assistant Secretary for Community Planning
and Development, Department of Housing and Urban
Development (Parts 500--599)
VI Office of Assistant Secretary for Community Planning
and Development, Department of Housing and Urban
Development (Parts 600--699) [Reserved]
VII Office of the Secretary, Department of Housing and
Urban Development (Housing Assistance Programs and
Public and Indian Housing Programs) (Parts 700--
799)

[[Page 803]]

VIII Office of the Assistant Secretary for Housing--Federal
Housing Commissioner, Department of Housing and
Urban Development (Section 8 Housing Assistance
Programs, Section 202 Direct Loan Program, Section
202 Supportive Housing for the Elderly Program and
Section 811 Supportive Housing for Persons With
Disabilities Program) (Parts 800--899)
IX Office of Assistant Secretary for Public and Indian
Housing, Department of Housing and Urban
Development (Parts 900--1699)
X Office of Assistant Secretary for Housing--Federal
Housing Commissioner, Department of Housing and
Urban Development (Interstate Land Sales
Registration Program) (Parts 1700--1799)
[Reserved]
XII Office of Inspector General, Department of Housing and
Urban Development (Parts 2000--2099)
XV Emergency Mortgage Insurance and Loan Programs,
Department of Housing and Urban Development (Parts
2700--2799) [Reserved]
XX Office of Assistant Secretary for Housing--Federal
Housing Commissioner, Department of Housing and
Urban Development (Parts 3200--3899)
XXIV Board of Directors of the HOPE for Homeowners Program
(Parts 4000--4099) [Reserved]
XXV Neighborhood Reinvestment Corporation (Parts 4100--
4199)

Title 25--Indians

I Bureau of Indian Affairs, Department of the Interior
(Parts 1--299)
II Indian Arts and Crafts Board, Department of the
Interior (Parts 300--399)
III National Indian Gaming Commission, Department of the
Interior (Parts 500--599)
IV Office of Navajo and Hopi Indian Relocation (Parts
700--899)
V Bureau of Indian Affairs, Department of the Interior,
and Indian Health Service, Department of Health
and Human Services (Part 900--999)
VI Office of the Assistant Secretary, Indian Affairs,
Department of the Interior (Parts 1000--1199)
VII Office of the Special Trustee for American Indians,
Department of the Interior (Parts 1200--1299)

Title 26--Internal Revenue

I Internal Revenue Service, Department of the Treasury
(Parts 1--End)

Title 27--Alcohol, Tobacco Products and Firearms

I Alcohol and Tobacco Tax and Trade Bureau, Department
of the Treasury (Parts 1--399)

[[Page 804]]

II Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice (Parts 400--799)

Title 28--Judicial Administration

I Department of Justice (Parts 0--299)
III Federal Prison Industries, Inc., Department of Justice
(Parts 300--399)
V Bureau of Prisons, Department of Justice (Parts 500--
599)
VI Offices of Independent Counsel, Department of Justice
(Parts 600--699)
VII Office of Independent Counsel (Parts 700--799)
VIII Court Services and Offender Supervision Agency for the
District of Columbia (Parts 800--899)
IX National Crime Prevention and Privacy Compact Council
(Parts 900--999)
XI Department of Justice and Department of State (Parts
1100--1199)

Title 29--Labor

Subtitle A--Office of the Secretary of Labor (Parts
0--99)
Subtitle B--Regulations Relating to Labor
I National Labor Relations Board (Parts 100--199)
II Office of Labor-Management Standards, Department of
Labor (Parts 200--299)
III National Railroad Adjustment Board (Parts 300--399)
IV Office of Labor-Management Standards, Department of
Labor (Parts 400--499)
V Wage and Hour Division, Department of Labor (Parts
500--899)
IX Construction Industry Collective Bargaining Commission
(Parts 900--999)
X National Mediation Board (Parts 1200--1299)
XII Federal Mediation and Conciliation Service (Parts
1400--1499)
XIV Equal Employment Opportunity Commission (Parts 1600--
1699)
XVII Occupational Safety and Health Administration,
Department of Labor (Parts 1900--1999)
XX Occupational Safety and Health Review Commission
(Parts 2200--2499)
XXV Employee Benefits Security Administration, Department
of Labor (Parts 2500--2599)
XXVII Federal Mine Safety and Health Review Commission
(Parts 2700--2799)
XL Pension Benefit Guaranty Corporation (Parts 4000--
4999)

[[Page 805]]

Title 30--Mineral Resources

I Mine Safety and Health Administration, Department of
Labor (Parts 1--199)
II Bureau of Safety and Environmental Enforcement,
Department of the Interior (Parts 200--299)
IV Geological Survey, Department of the Interior (Parts
400--499)
V Bureau of Ocean Energy Management, Department of the
Interior (Parts 500--599)
VII Office of Surface Mining Reclamation and Enforcement,
Department of the Interior (Parts 700--999)
XII Office of Natural Resources Revenue, Department of the
Interior (Parts 1200--1299)

Title 31--Money and Finance: Treasury

Subtitle A--Office of the Secretary of the Treasury
(Parts 0--50)
Subtitle B--Regulations Relating to Money and Finance
I Monetary Offices, Department of the Treasury (Parts
51--199)
II Fiscal Service, Department of the Treasury (Parts
200--399)
IV Secret Service, Department of the Treasury (Parts
400--499)
V Office of Foreign Assets Control, Department of the
Treasury (Parts 500--599)
VI Bureau of Engraving and Printing, Department of the
Treasury (Parts 600--699)
VII Federal Law Enforcement Training Center, Department of
the Treasury (Parts 700--799)
VIII Office of Investment Security, Department of the
Treasury (Parts 800--899)
IX Federal Claims Collection Standards (Department of the
Treasury--Department of Justice) (Parts 900--999)
X Financial Crimes Enforcement Network, Department of
the Treasury (Parts 1000--1099)

Title 32--National Defense

Subtitle A--Department of Defense
I Office of the Secretary of Defense (Parts 1--399)
V Department of the Army (Parts 400--699)
VI Department of the Navy (Parts 700--799)
VII Department of the Air Force (Parts 800--1099)
Subtitle B--Other Regulations Relating to National
Defense
XII Department of Defense, Defense Logistics Agency (Parts
1200--1299)
XVI Selective Service System (Parts 1600--1699)
XVII Office of the Director of National Intelligence (Parts
1700--1799)
XVIII National Counterintelligence Center (Parts 1800--1899)
XIX Central Intelligence Agency (Parts 1900--1999)

[[Page 806]]

XX Information Security Oversight Office, National
Archives and Records Administration (Parts 2000--
2099)
XXI National Security Council (Parts 2100--2199)
XXIV Office of Science and Technology Policy (Parts 2400--
2499)
XXVII Office for Micronesian Status Negotiations (Parts
2700--2799)
XXVIII Office of the Vice President of the United States
(Parts 2800--2899)

Title 33--Navigation and Navigable Waters

I Coast Guard, Department of Homeland Security (Parts
1--199)
II Corps of Engineers, Department of the Army, Department
of Defense (Parts 200--399)
IV Great Lakes St. Lawrence Seaway Development
Corporation, Department of Transportation (Parts
400--499)

Title 34--Education

Subtitle A--Office of the Secretary, Department of
Education (Parts 1--99)
Subtitle B--Regulations of the Offices of the
Department of Education
I Office for Civil Rights, Department of Education
(Parts 100--199)
II Office of Elementary and Secondary Education,
Department of Education (Parts 200--299)
III Office of Special Education and Rehabilitative
Services, Department of Education (Parts 300--399)
IV Office of Career, Technical, and Adult Education,
Department of Education (Parts 400--499)
V Office of Bilingual Education and Minority [Reserved]
VI Office of Postsecondary Education, Department of
Education (Parts 600--699)
VII Office of Educational Research and Improvement,
Department of Education (Parts 700--799)
[Reserved]
Subtitle C--Regulations Relating to Education
XI [Reserved]
XII National Council on Disability (Parts 1200--1299)

Title 35 [Reserved]

Title 36--Parks, Forests, and Public Property

I National Park Service, Department of the Interior
(Parts 1--199)
II Forest Service, Department of Agriculture (Parts 200--
299)
III Corps of Engineers, Department of the Army (Parts
300--399)
IV American Battle Monuments Commission (Parts 400--499)
V Smithsonian Institution (Parts 500--599)
VI [Reserved]

[[Page 807]]

VII Library of Congress (Parts 700--799)
VIII Advisory Council on Historic Preservation (Parts 800--
899)
IX Pennsylvania Avenue Development Corporation (Parts
900--999)
X Presidio Trust (Parts 1000--1099)
XI Architectural and Transportation Barriers Compliance
Board (Parts 1100--1199)
XII National Archives and Records Administration (Parts
1200--1299)
XV Oklahoma City National Memorial Trust (Parts 1500--
1599)
XVI Morris K. Udall Scholarship and Excellence in National
Environmental Policy Foundation (Parts 1600--1699)

Title 37--Patents, Trademarks, and Copyrights

I United States Patent and Trademark Office, Department
of Commerce (Parts 1--199)
II U.S. Copyright Office, Library of Congress (Parts
200--299)
III Copyright Royalty Board, Library of Congress (Parts
300--399)
IV National Institute of Standards and Technology,
Department of Commerce (Parts 400--599)

Title 38--Pensions, Bonuses, and Veterans' Relief

I Department of Veterans Affairs (Parts 0--199)
II Armed Forces Retirement Home (Parts 200--299)

Title 39--Postal Service

I United States Postal Service (Parts 1--999)
III Postal Regulatory Commission (Parts 3000--3099)

Title 40--Protection of Environment

I Environmental Protection Agency (Parts 1--1099)
IV Environmental Protection Agency and Department of
Justice (Parts 1400--1499)
V Council on Environmental Quality (Parts 1500--1599)
VI Chemical Safety and Hazard Investigation Board (Parts
1600--1699)
VII Environmental Protection Agency and Department of
Defense; Uniform National Discharge Standards for
Vessels of the Armed Forces (Parts 1700--1799)
VIII Gulf Coast Ecosystem Restoration Council (Parts 1800--
1899)
IX Federal Permitting Improvement Steering Council (Part
1900)

Title 41--Public Contracts and Property Management

Subtitle A--Federal Procurement Regulations System
[Note]

[[Page 808]]

Subtitle B--Other Provisions Relating to Public
Contracts
50 Public Contracts, Department of Labor (Parts 50-1--50-
999)
51 Committee for Purchase From People Who Are Blind or
Severely Disabled (Parts 51-1--51-99)
60 Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Parts
60-1--60-999)
61 Office of the Assistant Secretary for Veterans'
Employment and Training Service, Department of
Labor (Parts 61-1--61-999)
62--100 [Reserved]
Subtitle C--Federal Property Management Regulations
System
101 Federal Property Management Regulations (Parts 101-1--
101-99)
102 Federal Management Regulation (Parts 102-1--102-299)
103--104 [Reserved]
105 General Services Administration (Parts 105-1--105-999)
109 Department of Energy Property Management Regulations
(Parts 109-1--109-99)
114 Department of the Interior (Parts 114-1--114-99)
115 Environmental Protection Agency (Parts 115-1--115-99)
128 Department of Justice (Parts 128-1--128-99)
129--200 [Reserved]
Subtitle D--Federal Acquisition Supply Chain Security
201 Federal Acquisition Security Council (Parts 201-1--
201-99)
Subtitle E [Reserved]
Subtitle F--Federal Travel Regulation System
300 General (Parts 300-1--300-99)
301 Temporary Duty (TDY) Travel Allowances (Parts 301-1--
301-99)
302 Relocation Allowances (Parts 302-1--302-99)
303 Payment of Expenses Connected with the Death of
Certain Employees (Part 303-1--303-99)
304 Payment of Travel Expenses from a Non-Federal Source
(Parts 304-1--304-99)

Title 42--Public Health

I Public Health Service, Department of Health and Human
Services (Parts 1--199)
II--III [Reserved]
IV Centers for Medicare & Medicaid Services, Department
of Health and Human Services (Parts 400--699)
V Office of Inspector General-Health Care, Department of
Health and Human Services (Parts 1000--1099)

Title 43--Public Lands: Interior

Subtitle A--Office of the Secretary of the Interior
(Parts 1--199)

[[Page 809]]

Subtitle B--Regulations Relating to Public Lands
I Bureau of Reclamation, Department of the Interior
(Parts 400--999)
II Bureau of Land Management, Department of the Interior
(Parts 1000--9999)
III Utah Reclamation Mitigation and Conservation
Commission (Parts 10000--10099)

Title 44--Emergency Management and Assistance

I Federal Emergency Management Agency, Department of
Homeland Security (Parts 0--399)
IV Department of Commerce and Department of
Transportation (Parts 400--499)

Title 45--Public Welfare

Subtitle A--Department of Health and Human Services
(Parts 1--199)
Subtitle B--Regulations Relating to Public Welfare
II Office of Family Assistance (Assistance Programs),
Administration for Children and Families,
Department of Health and Human Services (Parts
200--299)
III Office of Child Support Services, Administration of
Families and Services, Department of Health and
Human Services (Parts 300--399)
IV Office of Refugee Resettlement, Administration for
Children and Families, Department of Health and
Human Services (Parts 400--499)
V Foreign Claims Settlement Commission of the United
States, Department of Justice (Parts 500--599)
VI National Science Foundation (Parts 600--699)
VII Commission on Civil Rights (Parts 700--799)
VIII Office of Personnel Management (Parts 800--899)
IX Denali Commission (Parts 900--999)
X Office of Community Services, Administration for
Children and Families, Department of Health and
Human Services (Parts 1000--1099)
XI National Foundation on the Arts and the Humanities
(Parts 1100--1199)
XII Corporation for National and Community Service (Parts
1200--1299)
XIII Administration for Children and Families, Department
of Health and Human Services (Parts 1300--1399)
XVI Legal Services Corporation (Parts 1600--1699)
XVII National Commission on Libraries and Information
Science (Parts 1700--1799)
XVIII Harry S. Truman Scholarship Foundation (Parts 1800--
1899)
XXI Commission of Fine Arts (Parts 2100--2199)

[[Page 810]]

XXIII Arctic Research Commission (Parts 2300--2399)
XXIV James Madison Memorial Fellowship Foundation (Parts
2400--2499)
XXV Corporation for National and Community Service (Parts
2500--2599)

Title 46--Shipping

I Coast Guard, Department of Homeland Security (Parts
1--199)
II Maritime Administration, Department of Transportation
(Parts 200--399)
III Coast Guard (Great Lakes Pilotage), Department of
Homeland Security (Parts 400--499)
IV Federal Maritime Commission (Parts 500--599)

Title 47--Telecommunication

I Federal Communications Commission (Parts 0--199)
II Office of Science and Technology Policy and National
Security Council (Parts 200--299)
III National Telecommunications and Information
Administration, Department of Commerce (Parts
300--399)
IV National Telecommunications and Information
Administration, Department of Commerce, and
National Highway Traffic Safety Administration,
Department of Transportation (Parts 400--499)
V The First Responder Network Authority (Parts 500--599)

Title 48--Federal Acquisition Regulations System

1 Federal Acquisition Regulation (Parts 1--99)
2 Defense Acquisition Regulations System, Department of
Defense (Parts 200--299)
3 Health and Human Services (Parts 300--399)
4 Department of Agriculture (Parts 400--499)
5 General Services Administration (Parts 500--599)
6 Department of State (Parts 600--699)
7 Agency for International Development (Parts 700--799)
8 Department of Veterans Affairs (Parts 800--899)
9 Department of Energy (Parts 900--999)
10 Department of the Treasury (Parts 1000--1099)
12 Department of Transportation (Parts 1200--1299)
13 Department of Commerce (Parts 1300--1399)
14 Department of the Interior (Parts 1400--1499)
15 Environmental Protection Agency (Parts 1500--1599)
16 Office of Personnel Management, Federal Employees
Health Benefits Acquisition Regulation (Parts
1600--1699)
17 Office of Personnel Management (Parts 1700--1799)

[[Page 811]]

18 National Aeronautics and Space Administration (Parts
1800--1899)
19 Broadcasting Board of Governors (Parts 1900--1999)
20 Nuclear Regulatory Commission (Parts 2000--2099)
21 Office of Personnel Management, Federal Employees
Group Life Insurance Federal Acquisition
Regulation (Parts 2100--2199)
23 Social Security Administration (Parts 2300--2399)
24 Department of Housing and Urban Development (Parts
2400--2499)
25 National Science Foundation (Parts 2500--2599)
28 Department of Justice (Parts 2800--2899)
29 Department of Labor (Parts 2900--2999)
30 Department of Homeland Security, Homeland Security
Acquisition Regulation (HSAR) (Parts 3000--3099)
34 Department of Education Acquisition Regulation (Parts
3400--3499)
51 Department of the Army Acquisition Regulations (Parts
5100--5199) [Reserved]
52 Department of the Navy Acquisition Regulations (Parts
5200--5299)
53 Department of the Air Force Federal Acquisition
Regulation Supplement (Parts 5300--5399)
[Reserved]
54 Defense Logistics Agency, Department of Defense (Parts
5400--5499)
57 African Development Foundation (Parts 5700--5799)
61 Civilian Board of Contract Appeals, General Services
Administration (Parts 6100--6199)
99 Cost Accounting Standards Board, Office of Federal
Procurement Policy, Office of Management and
Budget (Parts 9900--9999)

Title 49--Transportation

Subtitle A--Office of the Secretary of Transportation
(Parts 1--99)
Subtitle B--Other Regulations Relating to
Transportation
I Pipeline and Hazardous Materials Safety
Administration, Department of Transportation
(Parts 100--199)
II Federal Railroad Administration, Department of
Transportation (Parts 200--299)
III Federal Motor Carrier Safety Administration,
Department of Transportation (Parts 300--399)
IV Coast Guard, Department of Homeland Security (Parts
400--499)
V National Highway Traffic Safety Administration,
Department of Transportation (Parts 500--599)
VI Federal Transit Administration, Department of
Transportation (Parts 600--699)
VII National Railroad Passenger Corporation (AMTRAK)
(Parts 700--799)

[[Page 812]]

VIII National Transportation Safety Board (Parts 800--999)
X Surface Transportation Board (Parts 1000--1399)
XI Research and Innovative Technology Administration,
Department of Transportation (Parts 1400--1499)
[Reserved]
XII Transportation Security Administration, Department of
Homeland Security (Parts 1500--1699)

Title 50--Wildlife and Fisheries

I United States Fish and Wildlife Service, Department of
the Interior (Parts 1--199)
II National Marine Fisheries Service, National Oceanic
and Atmospheric Administration, Department of
Commerce (Parts 200--299)
III International Fishing and Related Activities (Parts
300--399)
IV Joint Regulations (United States Fish and Wildlife
Service, Department of the Interior and National
Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Department of
Commerce); Endangered Species Committee
Regulations (Parts 400--499)
V Marine Mammal Commission (Parts 500--599)
VI Fishery Conservation and Management, National Oceanic
and Atmospheric Administration, Department of
Commerce (Parts 600--699)

[[Page 813]]

Alphabetical List of Agencies Appearing in the CFR

(Revised as of July 1, 2024)

CFR Title, Subtitle or
Agency Chapter

Administrative Conference of the United States 1, III
Advisory Council on Historic Preservation 36, VIII
Advocacy and Outreach, Office of 7, XXV
Afghanistan Reconstruction, Special Inspector 5, LXXXIII
General for
African Development Foundation 22, XV
Federal Acquisition Regulation 48, 57
Agency for International Development 2, VII; 22, II
Federal Acquisition Regulation 48, 7
Agricultural Marketing Service 7, I, VIII, IX, X, XI; 9,
II
Agricultural Research Service 7, V
Agriculture, Department of 2, IV; 5, LXXIII
Advocacy and Outreach, Office of 7, XXV
Agricultural Marketing Service 7, I, VIII, IX, X, XI; 9,
II
Agricultural Research Service 7, V
Animal and Plant Health Inspection Service 7, III; 9, I
Chief Financial Officer, Office of 7, XXX
Commodity Credit Corporation 7, XIV
Economic Research Service 7, XXXVII
Energy Policy and New Uses, Office of 2, IX; 7, XXIX
Environmental Quality, Office of 7, XXXI
Farm Service Agency 7, VII, XVIII
Federal Acquisition Regulation 48, 4
Federal Crop Insurance Corporation 7, IV
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Forest Service 36, II
Information Resources Management, Office of 7, XXVII
Inspector General, Office of 7, XXVI
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
National Institute of Food and Agriculture 7, XXXIV
Natural Resources Conservation Service 7, VI
Operations, Office of 7, XXVIII
Procurement and Property Management, Office of 7, XXXII
Rural Business-Cooperative Service 7, XVIII, XLII
Rural Development Administration 7, XLII
Rural Housing Service 7, XVIII, XXXV
Rural Utilities Service 7, XVII, XVIII, XLII
Secretary of Agriculture, Office of 7, Subtitle A
Transportation, Office of 7, XXXIII
World Agricultural Outlook Board 7, XXXVIII
Air Force, Department of 32, VII
Federal Acquisition Regulation Supplement 48, 53
Air Transportation Stabilization Board 14, VI
Alcohol and Tobacco Tax and Trade Bureau 27, I
Alcohol, Tobacco, Firearms, and Explosives, 27, II
Bureau of
AMTRAK 49, VII
American Battle Monuments Commission 36, IV
American Indians, Office of the Special Trustee 25, VII
Animal and Plant Health Inspection Service 7, III; 9, I
Appalachian Regional Commission 5, IX
Architectural and Transportation Barriers 36, XI
Compliance Board
[[Page 814]]

Arctic Research Commission 45, XXIII
Armed Forces Retirement Home 5, XI; 38, II
Army, Department of 32, V
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 51
Benefits Review Board 20, VII
Bilingual Education and Minority Languages 34, V
Affairs, Office of
Blind or Severely Disabled, Committee for 41, 51
Purchase from People Who Are
Federal Acquisition Regulation 48, 19
Career, Technical, and Adult Education, Office 34, IV
of
Census Bureau 15, I
Centers for Medicare & Medicaid Services 42, IV
Central Intelligence Agency 32, XIX
Chemical Safety and Hazard Investigation Board 40, VI
Chief Financial Officer, Office of 7, XXX
Child Support Services, Office of 45, III
Children and Families, Administration for 45, II, IV, X, XIII
Civil Rights, Commission on 5, LXVIII; 45, VII
Civil Rights, Office for 34, I
Coast Guard 33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage) 46, III
Commerce, Department of 2, XIII; 44, IV; 50, VI
Census Bureau 15, I
Economic Affairs, Office of the Under- 15, XV
Secretary for
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Emergency Management and Assistance 44, IV
Federal Acquisition Regulation 48, 13
Foreign-Trade Zones Board 15, IV
Industry and Security, Bureau of 15, VII
International Trade Administration 15, III; 19, III
National Institute of Standards and Technology 15, II; 37, IV
National Marine Fisheries Service 50, II, IV
National Oceanic and Atmospheric 15, IX; 50, II, III, IV,
Administration VI
National Technical Information Service 15, XI
National Telecommunications and Information 15, XXIII; 47, III, IV
Administration
National Weather Service 15, IX
Patent and Trademark Office, United States 37, I
Secretary of Commerce, Office of 15, Subtitle A
Commercial Space Transportation 14, III
Commodity Credit Corporation 7, XIV
Commodity Futures Trading Commission 5, XLI; 17, I
Community Planning and Development, Office of 24, V, VI
Assistant Secretary for
Community Services, Office of 45, X
Comptroller of the Currency 12, I
Construction Industry Collective Bargaining 29, IX
Commission
Consumer Financial Protection Bureau 5, LXXXIV; 12, X
Consumer Product Safety Commission 5, LXXI; 16, II
Copyright Royalty Board 37, III
Corporation for National and Community Service 2, XXII; 45, XII, XXV
Cost Accounting Standards Board 48, 99
Council on Environmental Quality 40, V
Council of the Inspectors General on Integrity 5, XCVIII
and Efficiency
Court Services and Offender Supervision Agency 5, LXX; 28, VIII
for the District of Columbia
Customs and Border Protection 19, I
Defense, Department of 2, XI; 5, XXVI; 32,
Subtitle A; 40, VII
Advanced Research Projects Agency 32, I
Air Force Department 32, VII
Army Department 32, V; 33, II; 36, III;
48, 51
Defense Acquisition Regulations System 48, 2
Defense Intelligence Agency 32, I

[[Page 815]]

Defense Logistics Agency 32, I, XII; 48, 54
Engineers, Corps of 33, II; 36, III
National Imagery and Mapping Agency 32, I
Navy, Department of 32, VI; 48, 52
Secretary of Defense, Office of 2, XI; 32, I
Defense Contract Audit Agency 32, I
Defense Intelligence Agency 32, I
Defense Logistics Agency 32, XII; 48, 54
Defense Nuclear Facilities Safety Board 10, XVII
Delaware River Basin Commission 18, III
Denali Commission 45, IX
Disability, National Council on 5, C; 34, XII
District of Columbia, Court Services and 5, LXX; 28, VIII
Offender Supervision Agency for the
Drug Enforcement Administration 21, II
East-West Foreign Trade Board 15, XIII
Economic Affairs, Office of the Under-Secretary 15, XV
for
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Economic Research Service 7, XXXVII
Education, Department of 2, XXXIV; 5, LIII
Bilingual Education and Minority Languages 34, V
Affairs, Office of
Career, Technical, and Adult Education, Office 34, IV
of
Civil Rights, Office for 34, I
Educational Research and Improvement, Office 34, VII
of
Elementary and Secondary Education, Office of 34, II
Federal Acquisition Regulation 48, 34
Postsecondary Education, Office of 34, VI
Secretary of Education, Office of 34, Subtitle A
Special Education and Rehabilitative Services, 34, III
Office of
Educational Research and Improvement, Office of 34, VII
Election Assistance Commission 2, LVIII; 11, II
Elementary and Secondary Education, Office of 34, II
Emergency Oil and Gas Guaranteed Loan Board 13, V
Emergency Steel Guarantee Loan Board 13, IV
Employee Benefits Security Administration 29, XXV
Employees' Compensation Appeals Board 20, IV
Employees Loyalty Board 5, V
Employment and Training Administration 20, V
Employment Policy, National Commission for 1, IV
Employment Standards Administration 20, VI
Endangered Species Committee 50, IV
Energy, Department of 2, IX; 5, XXIII; 10, II,
III, X
Federal Acquisition Regulation 48, 9
Federal Energy Regulatory Commission 5, XXIV; 18, I
Property Management Regulations 41, 109
Energy, Office of 7, XXIX
Engineers, Corps of 33, II; 36, III
Engraving and Printing, Bureau of 31, VI
Environmental Protection Agency 2, XV; 5, LIV; 40, I, IV,
VII
Federal Acquisition Regulation 48, 15
Property Management Regulations 41, 115
Environmental Quality, Office of 7, XXXI
Equal Employment Opportunity Commission 5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary 24, I
for
Executive Office of the President 3, I
Environmental Quality, Council on 40, V
Management and Budget, Office of 2, Subtitle A; 5, III,
LXXVII; 14, VI; 48, 99
National Drug Control Policy, Office of 2, XXXVI; 21, III
National Security Council 32, XXI; 47, II
Presidential Documents 3
Science and Technology Policy, Office of 32, XXIV; 47, II
Trade Representative, Office of the United 15, XX
States
[[Page 816]]

Export-Import Bank of the United States 2, XXXV; 5, LII; 12, IV
Families and Services, Administration of 45, III
Family Assistance, Office of 45, II
Farm Credit Administration 5, XXXI; 12, VI
Farm Credit System Insurance Corporation 5, XXX; 12, XIV
Farm Service Agency 7, VII, XVIII
Federal Acquisition Regulation 48, 1
Federal Acquisition Security Council 41, 201
Federal Aviation Administration 14, I
Commercial Space Transportation 14, III
Federal Claims Collection Standards 31, IX
Federal Communications Commission 2, LX; 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of 41, 60
Federal Crop Insurance Corporation 7, IV
Federal Deposit Insurance Corporation 5, XXII; 12, III
Federal Election Commission 5, XXXVII; 11, I
Federal Emergency Management Agency 44, I
Federal Employees Group Life Insurance Federal 48, 21
Acquisition Regulation
Federal Employees Health Benefits Acquisition 48, 16
Regulation
Federal Energy Regulatory Commission 5, XXIV; 18, I
Federal Financial Institutions Examination 12, XI
Council
Federal Financing Bank 12, VIII
Federal Highway Administration 23, I, II
Federal Home Loan Mortgage Corporation 1, IV
Federal Housing Enterprise Oversight Office 12, XVII
Federal Housing Finance Agency 5, LXXX; 12, XII
Federal Labor Relations Authority 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center 31, VII
Federal Management Regulation 41, 102
Federal Maritime Commission 46, IV
Federal Mediation and Conciliation Service 5, CIII; 29, XII
Federal Mine Safety and Health Review Commission 5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration 49, III
Federal Permitting Improvement Steering Council 40, IX
Federal Prison Industries, Inc. 28, III
Federal Procurement Policy Office 48, 99
Federal Property Management Regulations 41, 101
Federal Railroad Administration 49, II
Federal Register, Administrative Committee of 1, I
Federal Register, Office of 1, II
Federal Reserve System 12, II
Board of Governors 5, LVIII
Federal Retirement Thrift Investment Board 5, VI, LXXVI
Federal Service Impasses Panel 5, XIV
Federal Trade Commission 5, XLVII; 16, I
Federal Transit Administration 49, VI
Federal Travel Regulation System 41, Subtitle F
Financial Crimes Enforcement Network 31, X
Financial Research Office 12, XVI
Financial Stability Oversight Council 12, XIII
Fine Arts, Commission of 45, XXI
Fiscal Service 31, II
Fish and Wildlife Service, United States 50, I, IV
Food and Drug Administration 21, I
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Assets Control, Office of 31, V
Foreign Claims Settlement Commission of the 45, V
United States
Foreign Service Grievance Board 22, IX
Foreign Service Impasse Disputes Panel 22, XIV
Foreign Service Labor Relations Board 22, XIV
Foreign-Trade Zones Board 15, IV
Forest Service 36, II
General Services Administration 5, LVII; 41, 105
Contract Appeals, Board of 48, 61

[[Page 817]]

Federal Acquisition Regulation 48, 5
Federal Management Regulation 41, 102
Federal Property Management Regulations 41, 101
Federal Travel Regulation System 41, Subtitle F
General 41, 300
Payment From a Non-Federal Source for Travel 41, 304
Expenses
Payment of Expenses Connected With the Death 41, 303
of Certain Employees
Relocation Allowances 41, 302
Temporary Duty (TDY) Travel Allowances 41, 301
Geological Survey 30, IV
Government Accountability Office 4, I
Government Ethics, Office of 5, XVI
Government National Mortgage Association 24, III
Grain Inspection, Packers and Stockyards 7, VIII; 9, II
Administration
Great Lakes St. Lawrence Seaway Development 33, IV
Corporation
Gulf Coast Ecosystem Restoration Council 2, LIX; 40, VIII
Harry S. Truman Scholarship Foundation 45, XVIII
Health and Human Services, Department of 2, III; 5, XLV; 45,
Subtitle A
Centers for Medicare & Medicaid Services 42, IV
Child Support Services, Office of 45, III
Children and Families, Administration for 45, II, IV, X, XIII
Community Services, Office of 45, X
Families and Services, Administration of 45, III
Family Assistance, Office of 45, II
Federal Acquisition Regulation 48, 3
Food and Drug Administration 21, I
Indian Health Service 25, V
Inspector General (Health Care), Office of 42, V
Public Health Service 42, I
Refugee Resettlement, Office of 45, IV
Homeland Security, Department of 2, XXX; 5, XXXVI; 6, I; 8,
I
Coast Guard 33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage) 46, III
Customs and Border Protection 19, I
Federal Emergency Management Agency 44, I
Human Resources Management and Labor Relations 5, XCVII
Systems
Immigration and Customs Enforcement Bureau 19, IV
Transportation Security Administration 49, XII
HOPE for Homeowners Program, Board of Directors 24, XXIV
of
Housing and Urban Development, Department of 2, XXIV; 5, LXV; 24,
Subtitle B
Community Planning and Development, Office of 24, V, VI
Assistant Secretary for
Equal Opportunity, Office of Assistant 24, I
Secretary for
Federal Acquisition Regulation 48, 24
Federal Housing Enterprise Oversight, Office 12, XVII
of
Government National Mortgage Association 24, III
Housing--Federal Housing Commissioner, Office 24, II, VIII, X, XX
of Assistant Secretary for
Housing, Office of, and Multifamily Housing 24, IV
Assistance Restructuring, Office of
Inspector General, Office of 24, XII
Public and Indian Housing, Office of Assistant 24, IX
Secretary for
Secretary, Office of 24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of 24, II, VIII, X, XX
Assistant Secretary for
Housing, Office of, and Multifamily Housing 24, IV
Assistance Restructuring, Office of
Immigration and Customs Enforcement Bureau 19, IV
Immigration Review, Executive Office for 8, V
Independent Counsel, Office of 28, VII
Independent Counsel, Offices of 28, VI
Indian Affairs, Bureau of 25, I, V

[[Page 818]]

Indian Affairs, Office of the Assistant 25, VI
Secretary
Indian Arts and Crafts Board 25, II
Indian Health Service 25, V
Industry and Security, Bureau of 15, VII
Information Resources Management, Office of 7, XXVII
Information Security Oversight Office, National 32, XX
Archives and Records Administration
Inspector General
Agriculture Department 7, XXVI
Health and Human Services Department 42, V
Housing and Urban Development Department 24, XII, XV
Institute of Peace, United States 22, XVII
Intellectual Property Enforcement Coordinator, 5, CIV
Office of
Inter-American Foundation 5, LXIII; 22, X
Interior, Department of 2, XIV
American Indians, Office of the Special 25, VII
Trustee
Endangered Species Committee 50, IV
Federal Acquisition Regulation 48, 14
Federal Property Management Regulations System 41, 114
Fish and Wildlife Service, United States 50, I, IV
Geological Survey 30, IV
Indian Affairs, Bureau of 25, I, V
Indian Affairs, Office of the Assistant 25, VI
Secretary
Indian Arts and Crafts Board 25, II
Land Management, Bureau of 43, II
National Indian Gaming Commission 25, III
National Park Service 36, I
Natural Resource Revenue, Office of 30, XII
Ocean Energy Management, Bureau of 30, V
Reclamation, Bureau of 43, I
Safety and Environmental Enforcement, Bureau 30, II
of
Secretary of the Interior, Office of 2, XIV; 43, Subtitle A
Surface Mining Reclamation and Enforcement, 30, VII
Office of
Internal Revenue Service 26, I
International Boundary and Water Commission, 22, XI
United States and Mexico, United States
Section
International Development, United States Agency 22, II
for
Federal Acquisition Regulation 48, 7
International Development Cooperation Agency, 22, XII
United States
International Development Finance Corporation, 2, XVI; 5, XXXIII; 22, VII
U.S.
International Joint Commission, United States 22, IV
and Canada
International Organizations Employees Loyalty 5, V
Board
International Trade Administration 15, III; 19, III
International Trade Commission, United States 19, II
Interstate Commerce Commission 5, XL
Investment Security, Office of 31, VIII
James Madison Memorial Fellowship Foundation 45, XXIV
Japan-United States Friendship Commission 22, XVI
Joint Board for the Enrollment of Actuaries 20, VIII
Justice, Department of 2, XXVIII; 5, XXVIII; 28,
I, XI; 40, IV
Alcohol, Tobacco, Firearms, and Explosives, 27, II
Bureau of
Drug Enforcement Administration 21, II
Federal Acquisition Regulation 48, 28
Federal Claims Collection Standards 31, IX
Federal Prison Industries, Inc. 28, III
Foreign Claims Settlement Commission of the 45, V
United States
Immigration Review, Executive Office for 8, V
Independent Counsel, Offices of 28, VI
Prisons, Bureau of 28, V
Property Management Regulations 41, 128
Labor, Department of 2, XXIX; 5, XLII
Benefits Review Board 20, VII
Employee Benefits Security Administration 29, XXV

[[Page 819]]

Employees' Compensation Appeals Board 20, IV
Employment and Training Administration 20, V
Federal Acquisition Regulation 48, 29
Federal Contract Compliance Programs, Office 41, 60
of
Federal Procurement Regulations System 41, 50
Labor-Management Standards, Office of 29, II, IV
Mine Safety and Health Administration 30, I
Occupational Safety and Health Administration 29, XVII
Public Contracts 41, 50
Secretary of Labor, Office of 29, Subtitle A
Veterans' Employment and Training Service, 41, 61; 20, IX
Office of the Assistant Secretary for
Wage and Hour Division 29, V
Workers' Compensation Programs, Office of 20, I, VI
Labor-Management Standards, Office of 29, II, IV
Land Management, Bureau of 43, II
Legal Services Corporation 45, XVI
Libraries and Information Science, National 45, XVII
Commission on
Library of Congress 36, VII
Copyright Royalty Board 37, III
U.S. Copyright Office 37, II
Management and Budget, Office of 5, III, LXXVII; 14, VI;
48, 99
Marine Mammal Commission 50, V
Maritime Administration 46, II
Merit Systems Protection Board 5, II, LXIV
Micronesian Status Negotiations, Office for 32, XXVII
Military Compensation and Retirement 5, XCIX
Modernization Commission
Millennium Challenge Corporation 22, XIII
Mine Safety and Health Administration 30, I
Minority Business Development Agency 15, XIV
Miscellaneous Agencies 1, IV
Monetary Offices 31, I
Morris K. Udall Scholarship and Excellence in 36, XVI
National Environmental Policy Foundation
Museum and Library Services, Institute of 2, XXXI
National Aeronautics and Space Administration 2, XVIII; 5, LIX; 14, V
Federal Acquisition Regulation 48, 18
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
National and Community Service, Corporation for 2, XXII; 45, XII, XXV
National Archives and Records Administration 2, XXVI; 5, LXVI; 36, XII
Information Security Oversight Office 32, XX
National Capital Planning Commission 1, IV, VI
National Counterintelligence Center 32, XVIII
National Credit Union Administration 5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact 28, IX
Council
National Drug Control Policy, Office of 2, XXXVI; 21, III
National Endowment for the Arts 2, XXXII
National Endowment for the Humanities 2, XXXIII
National Foundation on the Arts and the 45, XI
Humanities
National Geospatial-Intelligence Agency 32, I
National Highway Traffic Safety Administration 23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency 32, I
National Indian Gaming Commission 25, III
National Institute of Food and Agriculture 7, XXXIV
National Institute of Standards and Technology 15, II; 37, IV
National Intelligence, Office of Director of 5, IV; 32, XVII
National Labor Relations Board 5, LXI; 29, I
National Marine Fisheries Service 50, II, IV
National Mediation Board 5, CI; 29, X
National Oceanic and Atmospheric Administration 15, IX; 50, II, III, IV,
VI
National Park Service 36, I
National Railroad Adjustment Board 29, III
National Railroad Passenger Corporation (AMTRAK) 49, VII

[[Page 820]]

National Science Foundation 2, XXV; 5, XLIII; 45, VI
Federal Acquisition Regulation 48, 25
National Security Council 32, XXI; 47, II
National Technical Information Service 15, XI
National Telecommunications and Information 15, XXIII; 47, III, IV, V
Administration
National Transportation Safety Board 49, VIII
Natural Resource Revenue, Office of 30, XII
Natural Resources Conservation Service 7, VI
Navajo and Hopi Indian Relocation, Office of 25, IV
Navy, Department of 32, VI
Federal Acquisition Regulation 48, 52
Neighborhood Reinvestment Corporation 24, XXV
Northeast Interstate Low-Level Radioactive Waste 10, XVIII
Commission
Nuclear Regulatory Commission 2, XX; 5, XLVIII; 10, I
Federal Acquisition Regulation 48, 20
Occupational Safety and Health Administration 29, XVII
Occupational Safety and Health Review Commission 29, XX
Ocean Energy Management, Bureau of 30, V
Oklahoma City National Memorial Trust 36, XV
Operations Office 7, XXVIII
Patent and Trademark Office, United States 37, I
Payment From a Non-Federal Source for Travel 41, 304
Expenses
Payment of Expenses Connected With the Death of 41, 303
Certain Employees
Peace Corps 2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation 36, IX
Pension Benefit Guaranty Corporation 29, XL
Personnel Management, Office of 5, I, IV, XXXV; 45, VIII
Federal Acquisition Regulation 48, 17
Federal Employees Group Life Insurance Federal 48, 21
Acquisition Regulation
Federal Employees Health Benefits Acquisition 48, 16
Regulation
Human Resources Management and Labor Relations 5, XCVII
Systems, Department of Homeland Security
Pipeline and Hazardous Materials Safety 49, I
Administration
Postal Regulatory Commission 5, XLVI; 39, III
Postal Service, United States 5, LX; 39, I
Postsecondary Education, Office of 34, VI
President's Commission on White House 1, IV
Fellowships
Presidential Documents 3
Presidio Trust 36, X
Prisons, Bureau of 28, V
Privacy and Civil Liberties Oversight Board 6, X
Procurement and Property Management, Office of 7, XXXII
Public and Indian Housing, Office of Assistant 24, IX
Secretary for
Public Contracts, Department of Labor 41, 50
Public Health Service 42, I
Railroad Retirement Board 20, II
Reclamation, Bureau of 43, I
Refugee Resettlement, Office of 45, IV
Relocation Allowances 41, 302
Research and Innovative Technology 49, XI
Administration
Rural Business-Cooperative Service 7, XVIII, XLII, L
Rural Housing Service 7, XVIII, XXXV, L
Rural Utilities Service 7, XVII, XVIII, XLII, L
Safety and Environmental Enforcement, Bureau of 30, II
Science and Technology Policy, Office of 32, XXIV; 47, II
Secret Service 31, IV
Securities and Exchange Commission 5, XXXIV; 17, II
Selective Service System 32, XVI
Small Business Administration 2, XXVII; 13, I
Smithsonian Institution 36, V
Social Security Administration 2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States 5, XI
Special Counsel, Office of 5, VIII

[[Page 821]]

Special Education and Rehabilitative Services, 34, III
Office of
State, Department of 2, VI; 22, I; 28, XI
Federal Acquisition Regulation 48, 6
Surface Mining Reclamation and Enforcement, 30, VII
Office of
Surface Transportation Board 49, X
Susquehanna River Basin Commission 18, VIII
Tennessee Valley Authority 5, LXIX; 18, XIII
Trade Representative, United States, Office of 15, XX
Transportation, Department of 2, XII; 5, L
Commercial Space Transportation 14, III
Emergency Management and Assistance 44, IV
Federal Acquisition Regulation 48, 12
Federal Aviation Administration 14, I
Federal Highway Administration 23, I, II
Federal Motor Carrier Safety Administration 49, III
Federal Railroad Administration 49, II
Federal Transit Administration 49, VI
Great Lakes St. Lawrence Seaway Development 33, IV
Corporation
Maritime Administration 46, II
National Highway Traffic Safety Administration 23, II, III; 47, IV; 49, V
Pipeline and Hazardous Materials Safety 49, I
Administration
Secretary of Transportation, Office of 14, II; 49, Subtitle A
Transportation Statistics Bureau 49, XI
Transportation, Office of 7, XXXIII
Transportation Security Administration 49, XII
Transportation Statistics Bureau 49, XI
Travel Allowances, Temporary Duty (TDY) 41, 301
Treasury, Department of the 2, X; 5, XXI; 12, XV; 17,
IV; 31, IX
Alcohol and Tobacco Tax and Trade Bureau 27, I
Community Development Financial Institutions 12, XVIII
Fund
Comptroller of the Currency 12, I
Customs and Border Protection 19, I
Engraving and Printing, Bureau of 31, VI
Federal Acquisition Regulation 48, 10
Federal Claims Collection Standards 31, IX
Federal Law Enforcement Training Center 31, VII
Financial Crimes Enforcement Network 31, X
Fiscal Service 31, II
Foreign Assets Control, Office of 31, V
Internal Revenue Service 26, I
Investment Security, Office of 31, VIII
Monetary Offices 31, I
Secret Service 31, IV
Secretary of the Treasury, Office of 31, Subtitle A
Truman, Harry S. Scholarship Foundation 45, XVIII
United States Agency for Global Media 22, V
United States and Canada, International Joint 22, IV
Commission
United States and Mexico, International Boundary 22, XI
and Water Commission, United States Section
U.S. Copyright Office 37, II
U.S. Office of Special Counsel 5, CII
Utah Reclamation Mitigation and Conservation 43, III
Commission
Veterans Affairs, Department of 2, VIII; 38, I
Federal Acquisition Regulation 48, 8
Veterans' Employment and Training Service, 41, 61; 20, IX
Office of the Assistant Secretary for
Vice President of the United States, Office of 32, XXVIII
Wage and Hour Division 29, V
Water Resources Council 18, VI
Workers' Compensation Programs, Office of 20, I, VI
World Agricultural Outlook Board 7, XXXVIII

[[Page 823]]

List of CFR Sections Affected

All changes in this volume of the Code of Federal Regulations (CFR) that
were made by documents published in the Federal Register since January
1, 2019 are enumerated in the following list. Entries indicate the
nature of the changes effected. Page numbers refer to Federal Register
pages. The user should consult the entries for chapters, parts and
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the
annual edition of the monthly List of CFR Sections Affected (LSA). The
LSA is available at www.govinfo.gov. For changes to this volume of the
CFR prior to 2001, see the ``List of CFR Sections Affected, 1949-1963,
1964-1972, 1973-1985, and 1986-2000'' published in 11 separate volumes.
The ``List of CFR Sections Affected 1986-2000'' is available at
www.govinfo.gov.

2019

30 CFR
84 FR
Page
Chapter I
56 Notification....................................................55500
56.18002 Revised...................................................51401
57 Notification....................................................55500
57.18002 Revised...................................................51401
100.3 (a)(1) introductory text amended, (g) table XIV revised........219
100.4 (a), (b), and (c) introductory text amended....................220
100.5 (c) , (d), and (e) amended.....................................220

2020

30 CFR
85 FR
Page
Chapter I
56 Technical correction............................................30627
56.6000 Amended.....................................................2027
56.6000 Regulation at 85 FR 2027 eff. date confirmed...............19391
56.6310 (a) and (b) revised; (c) added..............................2027
56.6310 Regulation at 85 FR 2027 eff. date confirmed...............19391
56.6407 (a) and (c) amended.........................................2027
56.6407 Regulation at 85 FR 2027 eff. date confirmed...............19391
57 Technical correction............................................30627
57.6000 Amended.....................................................2027
57.6000 Regulation at 85 FR 2027 eff. date confirmed...............19391
57.6310 (a) and (b) revised; (c) added..............................2027
57.6310 Regulation at 85 FR 2027 eff. date confirmed...............19391
57.6407 (a)(3) and (b)(2) amended...................................2027
57.6407 Regulation at 85 FR 2027 eff. date confirmed...............19391
57.6604 (b) amended.................................................2027
57.6604 Regulation at 85 FR 2027 eff. date confirmed...............19391
75 Policy statement................................................41364
100.3 (a)(1) introductory text amended; (g) Table XIV revised.......2299
100.4 (a), (b), and (c) introductory text amended...................2299
100.5 (c), (d), and (e) amended.....................................2299

2021

30 CFR
86 FR
Page
Chapter I
100.3 (a)(1) introductory text and (g) table XIV revised............2970
100.4 (a), (b), and (c) introductory text amended...................2970
100.5 (c) through (e) amended.......................................2970

[[Page 824]]

2022

30 CFR
87 FR
Page
Chapter I
100.3 (a)(1) introductory text amended; (g) table removed; (g)
Table 14 added..............................................2336
100.4 (a), (b), and (c) introductory text amended...................2336
100.5 (c), (d), and (e) amended.....................................2336

2023

30 CFR
88 FR
Page
Chapter I
56.23000--56.23004 (Subpart T) Added...............................87926
57.23000--57.23004 (Subpart U) Added...............................87927
77.2100--77.2104 (Subpart V) Added.................................87928
100 Authority citation revised......................................2218
100.3 (a)(1) introductory text and (g) Table 4 amended..............2218
100.4 (a), (b), (c) introductory text amended.......................2218
100.5 (c), (d), (e) amended.........................................2218

2024

(Regulations published from January 1, 2024, through July 1, 2024)

30 CFR
89 FR
Page
Chapter I
56 Technical correction............................................52379
56.5001 Introductory text revised..................................28468
56.5001 Removed; new section redesignated from 56.5001T; eff. 4-8-
26.........................................................28469
56.5001T Added.....................................................28468
56.5001T Redesignated as 56.5001; eff. 4-8-26......................28469
56.5005 Introductory text revised..................................28469
56.5005 Removed; new section redesignated from 56.5005T; eff. 4-8-
26.........................................................28469
56.5005T Added.....................................................28469
56.5005T Redesignated as 56.5005; eff. 4-8-26......................28469
57 Technical correction............................................52379
57.5001 Introductory text revised..................................28469
57.5001 Removed; new section redesignated from 57.5001T; eff. 4-8-
26.........................................................28470
57.5001T Added.....................................................28469
57.5001T Redesignated as 57.5001; eff. 4-8-26......................28470
57.5005 Introductory text revised..................................28470
57.5005 Removed; new section redesignated from 57.5005T; eff. 4-8-
26.........................................................28470
57.5005T Added.....................................................28470
57.5005T Redesignated as 57.5005; eff. 4-8-26......................28470
60 Added...........................................................28470
60 Technical correction............................................52379
70 Technical correction............................................52379
70.2 Amended.......................................................28473
70.101 Removed; eff. 4-14-25.......................................28473
70.201--70.212 (Subpart C) Tables 70-1 and 70-2 removed............28476
70.205 Introductory text added.....................................28473
70.205 Removed; new section redesignated from 70.205T eff. 4-14-25
28474
70.205T Added......................................................28473
70.205T Redesignated as 70.205; eff. 4-14-25.......................28474
70.206 Removed; eff. 4-14-25.......................................28474
70.207 Removed; eff. 4-14-25.......................................28474
70.208 Introductory text revised...................................28474
70.208 Removed; new section and Table 1 redesignated from 70.208T
and 70.208T Table 1; eff. 4-14-25..........................28475
70.208T Added......................................................28474
70.208T Section and Table 1 Redesignated as 70.208 and 70.208
Table 1; eff. 4-14-25......................................28475
70.209 Introductory text revised...................................28475
70.209 Removed; new section and Table 1 redesignated from 70.209T
and 70.209T Table 1; eff. 4-14-25..........................28476
70.209T Added......................................................28475
70.209T Section and Table 1 Redesignated as 70.209 and 70.209
Table 1; eff. 4-14-25......................................28476
71 Technical correction............................................52379
71.2 Amended; eff. 4-14-25.........................................28476
71.101 Removed; eff. 4-14-25.......................................28476
71.205 Introductory text added.....................................28476

[[Page 825]]

71.205 Removed; new section redesignated from 71.205T; eff. 4-14-
25.........................................................28477
71.205T Added......................................................28476
71.205T Redesignated as 71.205; eff. 4-14-25.......................28477
71.206 Introductory text added.....................................28477
71.206 Removed; new section and Table 1 redesignated from 71.206T
and 71.206T Table 1; eff. 4-14-25..........................28478
71.206T Added......................................................28477
71.206T Section and Table 1 redesignated as 71.206 and 71.206
Table 1; eff. 4-14-25......................................28478
71.300 Introductory text added.....................................28478
71.300 Removed; new section redesignated from 71.300T; eff. 4-14-
25.........................................................28478
71.300T Added......................................................28478
71.300T Redesignated as 71.300; eff. 4-14-25.......................28478
71.301 Introductory text added.....................................28478
71.301 Removed; new section redesignated from 71.301T; eff. 4-14-
25.........................................................28479
71.301T Added......................................................28478
71.301T Redesignated as 71.301; eff. 4-14-25.......................28479
72 Technical correction............................................52379
72.710 Revised.....................................................28479
72.710 Removed; new section redesignated from 71.710T; eff. 4-14-
25.........................................................28479
72.710T Added......................................................28479
72.710T Redesignated as 71.710; eff. 4-14-25.......................28479
72.800 Revised.....................................................28479
72.800 Removed; new section redesignated from 71.800T; eff. 4-14-
25.........................................................28479
72.800T Added......................................................28479
72.800T Redesignated as 71.800; eff. 4-14-25.......................28479
75 Technical correction............................................52379
75.350 Introductory text added.....................................28479
75.350 Removed; new section redesignated from 75.350T; eff. 4-14-
25.........................................................28480
75.350T Added......................................................28479
75.350T Redesignated as 75.350; eff. 4-14-25.......................28480
90 Technical correction............................................52379
90.2 Revised.......................................................28480
90.2 Removed; new section redesignated from 90.2T; eff. 4-14-25....28482
90.2T Added........................................................28481
90.2T Redesignated as 90.2; eff. 4-14-25...........................28482
90.3 Introductory text added.......................................28482
90.3 Removed; new section redesignated from 90.3T; eff. 4-14-25....28482
90.3T Added........................................................28482
90.3T Redesignated as 90.3; eff. 4-14-25...........................28482
90.100 Introductory text added.....................................28482
90.100 Removed; new section redesignated from 90.100T; eff. 4-14-
25.........................................................28482
90.100 Correction: Introductory text added.........................50527
90.100T Added......................................................28482
90.100T Redesignated as 90.100; eff. 4-14-25.......................28482
90.101 Removed.....................................................28482
90.102 Introductory text added.....................................28482
90.102 Removed; new section redesignated from 90.102T; eff. 4-14-
25.........................................................28483
90.102T Added......................................................28482
90.102T Redesignated as 90.102; eff. 4-14-25.......................28483
90.104 Revised.....................................................28483
90.104 Removed; new section redesignated from 90.104T; eff. 4-14-
25.........................................................28483
90.104T Added......................................................28483
90.104T Redesignated as 90.104; eff. 4-14-25.......................28483
90.205 Introductory text added.....................................28483
90.205 Removed; new section redesignated from 90.205T; eff. 4-14-
25.........................................................28483
90.205T Added......................................................28483
90.205T Redesignated as 90.205; eff. 4-14-25.......................28484
90.206 Introductory text added.....................................28484
90.206 Removed; new section redesignated from 90.206T; eff. 4-14-
25.........................................................28484
90.206T Added......................................................28484
90.206T Redesignated as 90.206; eff. 4-14-25.......................28484
90.207 Introductory text added.....................................28484
90.207 Removed; new section redesignated from 90.207T; eff. 4-14-
25.........................................................28485
90.207T Added......................................................28484

[[Page 826]]

90.207T Redesignated as 90.207; eff. 4-14-25.......................28485
90.300 Introductory text added.....................................28485
90.300 Removed; new section redesignated from 90.300T; eff. 4-14-
25.........................................................28485
90.300T Added......................................................28485
90.300T Redesignated as 90.300; eff. 4-14-25.......................28485
90.301 Introductory text added.....................................28485
90.301 Removed; new section redesignated from 90.301T; eff. 4-14-
25.........................................................28485
90.301T Added......................................................28485
90.301T Redesignated as 90.301; eff. 4-14-25.......................28485
100.3 (a)(1) introductory text amended; (g) Table 14 revised........1817
100.4 (a), (b), and (c) introductory text amended...................1818
100.5 (c) through (e) amended.......................................1818

[all]