July 26, 2007 CODE OF FEDERAL REGULATIONS 30 Parts 1 to 199 Revised as of July 1, 2007 Mineral Resources Containing a codification of documents of general applicability and future effect As of July 1, 2007 With Ancillaries

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 Table of Contents Page Explanation v Title 30: Chapter I—Mine Safety and Health Administration, Department of Labor 3 Finding Aids: Material Approved for Incorporation by Reference 705 Table of CFR Titles and Chapters 709 Alphabetical List of Agencies Appearing in the CFR 727 List of CFR Sections Affected 737

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(c) The incorporating document is drafted and submitted for publication in accordance with 1 CFR part 51.

Properly approved incorporations by reference in this volume are listed in the Finding Aids at the end of this volume.

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 Raymond A. Mosley, Director, Office of the Federal Register. July 1, 2007. THIS TITLE

Title 30—Mineral Resources is composed of three volumes. The parts in these volumes are arranged in the following order: Parts 1 to 199, parts 200 to 699, and part 700 to end. The contents of these volumes represent all current regulations codified under this title of the CFR as of July 1, 2007.

For this volume, Moja N. Mwaniki was Chief Editor. The Code of Federal Regulations publication program is under the direction of Frances D. McDonald, assisted by Ann Worley.

 <LRH>30 CFR Ch. I (7-1-07 Edition)</LRH> <RRH>Mine Safety and Health Admin., Labor</RRH> <CFRTITLE> <TITLEHD> <PRTPAGE P="1"/> <HD SOURCE="HED">Title 30—Mineral Resources</HD> <P>(This book contains parts 1 to 199)</P> </TITLEHD> <CFRTOC> <PTHD>Part</PTHD> <CHAPTI> <SUBJECT> <E T="04">chapter i</E>—Mine Safety and Health Administration, Department of Labor</SUBJECT> <PG>1</PG> </CHAPTI> </CFRTOC> </CFRTITLE> <CHAPTER> <TOC> <TOCHD> <PRTPAGE P="3"/> <HD SOURCE="HED">CHAPTER I—MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR</HD> </TOCHD> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>Nomenclature changes to chapter I appear at 69 FR 18803, Apr. 9, 2004.</P> </EDNOTE> <SUBCHAP> <HD SOURCE="HED">SUBCHAPTER A—OFFICIAL EMBLEM AND OMB CONTROL NUMBERS FOR RECORDKEEPING AND REPORTING</HD> </SUBCHAP> <PTHD>Part</PTHD> <PGHD>Page</PGHD> <CHAPTI> <PT>1</PT> <SUBJECT>Mine Safety and Health Administration; establishment and use of official emblem</SUBJECT> <PG>7</PG> <PT>3</PT> <SUBJECT>OMB Control Numbers Under the Paperwork Reduction Act</SUBJECT> <PG>7</PG> </CHAPTI> <SUBCHAP> <HD SOURCE="HED">SUBCHAPTER B—TESTING, EVALUATION, AND APPROVAL OF MINING PRODUCTS</HD> </SUBCHAP> <CHAPTI> <PT>5</PT> <SUBJECT>Fees for testing, evaluation, and approval of mining products</SUBJECT> <PG>11</PG> <PT>6</PT> <SUBJECT>Testing and evaluation by independent laboratories and non-MSHA product safety standards</SUBJECT> <PG>12</PG> <PT>7</PT> <SUBJECT>Testing by applicant or third party</SUBJECT> <PG>14</PG> <PT>15</PT> <SUBJECT>Requirements for approval of explosives and sheathed explosive units</SUBJECT> <PG>84</PG> <PT>18</PT> <SUBJECT>Electric motor-driven mine equipment and accessories</SUBJECT> <PG>91</PG> <PT>19</PT> <SUBJECT>Electric cap lamps</SUBJECT> <PG>130</PG> <PT>20</PT> <SUBJECT>Electric mine lamps other than standard cap lamps</SUBJECT> <PG>135</PG> <PT>22</PT> <SUBJECT>Portable methane detectors</SUBJECT> <PG>140</PG> <PT>23</PT> <SUBJECT>Telephones and signaling devices</SUBJECT> <PG>144</PG> <PT>27</PT> <SUBJECT>Methane-monitoring systems</SUBJECT> <PG>149</PG> <PT>28</PT> <SUBJECT>Fuses for use with direct current in providing short-circuit protection for trailing cables in coal mines</SUBJECT> <PG>156</PG> <PT>33</PT> <SUBJECT>Dust collectors for use in connection with rock drilling in coal mines</SUBJECT> <PG>162</PG> <PT>35</PT> <SUBJECT>Fire-resistant hydraulic fluids</SUBJECT> <PG>169<PRTPAGE P="4"/> </PG> <PT>36</PT> <SUBJECT>Approval requirements for permissible mobile diesel-powered transportation equipment</SUBJECT> <PG>176</PG> </CHAPTI> <SUBCHAP> <RESERVED>SUBCHAPTERS C-F [RESERVED]</RESERVED> </SUBCHAP> <SUBCHAP> <HD SOURCE="HED">SUBCHAPTER G—FILING AND OTHER ADMINISTRATIVE REQUIREMENTS</HD> </SUBCHAP> <CHAPTI> <PT>40</PT> <SUBJECT>Representative of miners</SUBJECT> <PG>189</PG> <PT>41</PT> <SUBJECT>Notification of legal identity</SUBJECT> <PG>190</PG> <PT>42</PT> <SUBJECT>National Mine Health and Safety Academy</SUBJECT> <PG>192</PG> <PT>43</PT> <SUBJECT>Procedures for processing hazardous conditions complaints</SUBJECT> <PG>193</PG> <PT>44</PT> <SUBJECT>Rules of practice for petitions for modification of mandatory safety standards</SUBJECT> <PG>196</PG> <PT>45</PT> <SUBJECT>Independent contractors</SUBJECT> <PG>208</PG> </CHAPTI> <SUBCHAP> <HD SOURCE="HED">SUBCHAPTER H—EDUCATION AND TRAINING</HD> </SUBCHAP> <CHAPTI> <PT>46</PT> <SUBJECT>Training and retraining of miners engaged in shell dredging or employed at sand, gravel, surface stone, surface clay, colloidal phosphate, or surface limestone mines.</SUBJECT> <PG>210</PG> </CHAPTI> <CHAPTI> <PT>47</PT> <SUBJECT>Hazard Communication (HazCom)</SUBJECT> <PG>218</PG> <PT>48</PT> <SUBJECT>Training and retraining of miners</SUBJECT> <PG>226</PG> <PT>49</PT> <SUBJECT>Mine rescue teams</SUBJECT> <PG>246</PG> </CHAPTI> <SUBCHAP> <HD SOURCE="HED">SUBCHAPTER I—ACCIDENTS, INJURIES, ILLNESSES, EMPLOYMENT, AND PRODUCTION IN MINES</HD> </SUBCHAP> <CHAPTI> <PT>50</PT> <SUBJECT>Notification, investigation, reports and records of accidents, injuries, illnesses, employment, and coal production in mines</SUBJECT> <PG>252</PG> </CHAPTI> <SUBCHAP> <RESERVED>SUBCHAPTER J [RESERVED]</RESERVED> </SUBCHAP> <SUBCHAP> <HD SOURCE="HED">SUBCHAPTER K—METAL AND NONMETAL MINE SAFETY AND HEALTH</HD> </SUBCHAP> <CHAPTI> <PT>56</PT> <SUBJECT>Safety and health standards—surface metal and nonmetal mines</SUBJECT> <PG>263</PG> <PT>57</PT> <SUBJECT>Safety and health standards—underground metal and nonmetal mines</SUBJECT> <PG>319<PRTPAGE P="5"/> </PG> <PT>58</PT> <SUBJECT>Health standards for metal and nonmetal mines</SUBJECT> <PG>419</PG> </CHAPTI> <SUBCHAP> <RESERVED>SUBCHAPTER L [RESERVED]</RESERVED> </SUBCHAP> <SUBCHAP> <HD SOURCE="HED">SUBCHAPTER M—UNIFORM MINE HEALTH REGULATIONS</HD> </SUBCHAP> <CHAPTI> <PT>62</PT> <SUBJECT>Occupational noise exposure</SUBJECT> <PG>420</PG> </CHAPTI> <SUBCHAP> <RESERVED>SUBCHAPTER N [RESERVED]</RESERVED> </SUBCHAP> <SUBCHAP> <HD SOURCE="HED">SUBCHAPTER O—COAL MINE SAFETY AND HEALTH</HD> </SUBCHAP> <CHAPTI> <PT>70</PT> <SUBJECT>Mandatory health standards—underground coal mines</SUBJECT> <PG>428</PG> <PT>71</PT> <SUBJECT>Mandatory health standards—surface coal mines and surface work areas of underground coal mines</SUBJECT> <PG>436</PG> <PT>72</PT> <SUBJECT>Health standards for coal mines</SUBJECT> <PG>447</PG> <PT>74</PT> <SUBJECT>Coal mine dust personal sampler units</SUBJECT> <PG>451</PG> <PT>75</PT> <SUBJECT>Mandatory safety standards—underground coal mines</SUBJECT> <PG>456</PG> <PT>77</PT> <SUBJECT>Mandatory safety standards, surface coal mines and surface work areas of underground coal mines</SUBJECT> <PG>620</PG> <PT>90</PT> <SUBJECT>Mandatory health standards—coal miners who have evidence of the development of pneumoconiosis</SUBJECT> <PG>676</PG> </CHAPTI> <SUBCHAP> <HD SOURCE="HED">SUBCHAPTER P—CIVIL PENALTIES FOR VIOLATIONS OF THE FEDERAL MINE SAFETY AND HEALTH ACT OF 1977</HD> </SUBCHAP> <CHAPTI> <PT>100</PT> <SUBJECT>Criteria and procedures for proposed assessment of civil penalties</SUBJECT> <PG>685</PG> <PT>101-103</PT> <RESERVED>[Reserved]</RESERVED> </CHAPTI> <SUBCHAP> <HD SOURCE="HED">SUBCHAPTER Q—PATTERN OF VIOLATIONS</HD> </SUBCHAP> <CHAPTI> <PT>104</PT> <SUBJECT>Pattern of violations</SUBJECT> <PG>699</PG> <PT>105-199</PT> <RESERVED>[Reserved]</RESERVED> </CHAPTI> </TOC> <SUBCHAP TYPE="N"> <PRTPAGE P="7"/> <HD SOURCE="HED">SUBCHAPTER A—OFFICIAL EMBLEM AND OMB CONTROL NUMBERS FOR RECORDKEEPING AND REPORTING</HD> <PART> <EAR>Pt. 1</EAR> <HD SOURCE="HED">PART 1—MINE SAFETY AND HEALTH ADMINISTRATION; ESTABLISHMENT AND USE OF OFFICIAL EMBLEM</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>1.1</SECTNO> <SUBJECT>Official emblem.</SUBJECT> <SECTNO>1.2</SECTNO> <SUBJECT>Description.</SUBJECT> <SECTNO>1.3</SECTNO> <SUBJECT>Use of letters and acronym MSHA.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>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.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>39 FR 23997, June 28, 1974, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 1.1</SECTNO> <SUBJECT>Official emblem.</SUBJECT> <P>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:</P> <GPH DEEP="67" SPAN="1"> <GID>EC22OC91.000</GID> </GPH> <CITA>[39 FR 23997, June 28, 1974, as amended at 43 FR 12312, Mar. 24, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 1.2</SECTNO> <SUBJECT>Description.</SUBJECT> <P>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.”</P> <CITA>[39 FR 23997, June 28, 1974, as amended at 43 FR 12312, Mar. 24, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 1.3</SECTNO> <SUBJECT>Use of letters and acronym MSHA.</SUBJECT> <P>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.</P> <CITA>[39 FR 23997, June 28, 1974, as amended at 43 FR 12312, Mar. 24, 1978]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 3</EAR> <HD SOURCE="HED">PART 3—OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT</HD> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>30 U.S.C. 957; 44 U.S.C. 3501-3520.</P> </AUTH> <SECTION> <SECTNO>§ 3.1</SECTNO> <SUBJECT>OMB control numbers.</SUBJECT> <P>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:</P> <GPOTABLE CDEF="s25,18" COLS="2" OPTS="L2"> <TTITLE>Table 1—OMB Control Numbers</TTITLE> <BOXHD> <CHED H="1">30 CFR Citation</CHED> <CHED H="1">OMB Control No.</CHED> </BOXHD> <ROW EXPSTB="01" RUL="s"> <ENT I="21"> <E T="02">Subchapter B—Testing, Evaluation, and Approval of Mining Products</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">6.10</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.3</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.4</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.6</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.7</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <PRTPAGE P="8"/> <ENT I="01">7.23</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.27</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.28</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.29</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.30</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.43</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.46</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.47</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.48</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.49</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.51</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.63</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.69</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.71</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.83</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.90</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.97</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.105</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.303</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.306</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.309</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.311</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.403</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.407</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.408</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">7.409</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">15.4</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">15.8</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">18.6</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">18.15</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">18.53</ENT> <ENT>1219-0066, -0116</ENT> </ROW> <ROW> <ENT I="01">18.81</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">18.82</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">18.93</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">18.94</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">19.3</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">19.13</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">20.3</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">20.14</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">22.4</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">22.11</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">23.3</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">23.14</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">27.4</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">27.6</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">27.11</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">28.10</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">28.25</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">28.30</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">28.31</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">33.6</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">33.12</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">35.6</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">35.12</ENT> <ENT>1219-0066</ENT> </ROW> <ROW> <ENT I="01">36.6</ENT> <ENT>1219-0066</ENT> </ROW> <ROW RUL="s"> <ENT I="01">36.12</ENT> <ENT>1219-0066</ENT> </ROW> <ROW EXPSTB="01" RUL="s"> <ENT I="21"> <E T="02">Subchapter G—Filing and Other Administrative Requirements</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">40.3</ENT> <ENT>1219-0042</ENT> </ROW> <ROW> <ENT I="01">40.4</ENT> <ENT>1219-0042</ENT> </ROW> <ROW> <ENT I="01">40.5</ENT> <ENT>1219-0042</ENT> </ROW> <ROW> <ENT I="01">41.20</ENT> <ENT>1219-0042</ENT> </ROW> <ROW> <ENT I="01">43.4</ENT> <ENT>1219-0014</ENT> </ROW> <ROW> <ENT I="01">43.7</ENT> <ENT>1219-0014</ENT> </ROW> <ROW> <ENT I="01">44.9</ENT> <ENT>1219-0065</ENT> </ROW> <ROW> <ENT I="01">44.10</ENT> <ENT>1219-0065</ENT> </ROW> <ROW> <ENT I="01">44.11</ENT> <ENT>1219-0065</ENT> </ROW> <ROW> <ENT I="01">45.3</ENT> <ENT>1219-0040</ENT> </ROW> <ROW RUL="s"> <ENT I="01">45.4</ENT> <ENT>1219-0040</ENT> </ROW> <ROW EXPSTB="01" RUL="s"> <ENT I="21"> <E T="02">Subchapter H—Education and Training</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">46.3</ENT> <ENT>1219-0131</ENT> </ROW> <ROW> <ENT I="01">46.5</ENT> <ENT>1219-0131</ENT> </ROW> <ROW> <ENT I="01">46.6</ENT> <ENT>1219-0131</ENT> </ROW> <ROW> <ENT I="01">46.7</ENT> <ENT>1219-0131</ENT> </ROW> <ROW> <ENT I="01">46.8</ENT> <ENT>1219-0131</ENT> </ROW> <ROW> <ENT I="01">46.9</ENT> <ENT>1219-0131</ENT> </ROW> <ROW> <ENT I="01">46.11</ENT> <ENT>1219-0131</ENT> </ROW> <ROW> <ENT I="01">47.31</ENT> <ENT>1219-0133</ENT> </ROW> <ROW> <ENT I="01">47.32(a)(4)</ENT> <ENT>1219-0133</ENT> </ROW> <ROW> <ENT I="01">47.41</ENT> <ENT>1219-0133</ENT> </ROW> <ROW> <ENT I="01">47.51</ENT> <ENT>1219-0133</ENT> </ROW> <ROW> <ENT I="01">47.71</ENT> <ENT>1219-0133</ENT> </ROW> <ROW> <ENT I="01">47.73</ENT> <ENT>1219-0133</ENT> </ROW> <ROW> <ENT I="01">48.3</ENT> <ENT>1219-0009, -0141</ENT> </ROW> <ROW> <ENT I="01">48.9</ENT> <ENT>1219-0009</ENT> </ROW> <ROW> <ENT I="01">48.23</ENT> <ENT>1219-0009</ENT> </ROW> <ROW> <ENT I="01">48.29</ENT> <ENT>1219-0009</ENT> </ROW> <ROW> <ENT I="01">49.2</ENT> <ENT>1219-0078</ENT> </ROW> <ROW> <ENT I="01">49.3</ENT> <ENT>1219-0078</ENT> </ROW> <ROW> <ENT I="01">49.4</ENT> <ENT>1219-0078</ENT> </ROW> <ROW> <ENT I="01">49.6</ENT> <ENT>1219-0078</ENT> </ROW> <ROW> <ENT I="01">49.7</ENT> <ENT>1219-0078</ENT> </ROW> <ROW> <ENT I="01">49.8</ENT> <ENT>1219-0078</ENT> </ROW> <ROW RUL="s"> <ENT I="01">49.9</ENT> <ENT>1219-0078</ENT> </ROW> <ROW EXPSTB="01" RUL="s"> <ENT I="21"> <E T="02">Subchapter I—Accidents, Injuries, Illnesses, Employment, and Production in Mines</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">50.10</ENT> <ENT>1219-0007, -0141</ENT> </ROW> <ROW> <ENT I="01">50.11</ENT> <ENT>1219-0007</ENT> </ROW> <ROW> <ENT I="01">50.20</ENT> <ENT>1219-0007</ENT> </ROW> <ROW RUL="s"> <ENT I="01">50.30</ENT> <ENT>1219-0007</ENT> </ROW> <ROW EXPSTB="01" RUL="s"> <ENT I="21"> <E T="02">Subchapter K—Metal and Nonmetal Mine Safety and Health</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">56.1000</ENT> <ENT>1219-0042</ENT> </ROW> <ROW> <ENT I="01">56.3203(a)</ENT> <ENT>1219-0121</ENT> </ROW> <ROW> <ENT I="01">56.5005</ENT> <ENT>1219-0048</ENT> </ROW> <ROW> <ENT I="01">56.13015</ENT> <ENT>1219-0089</ENT> </ROW> <ROW> <ENT I="01">56.13030</ENT> <ENT>1219-0089</ENT> </ROW> <ROW> <ENT I="01">56.14100</ENT> <ENT>1219-0089</ENT> </ROW> <ROW> <ENT I="01">56.18002</ENT> <ENT>1219-0089</ENT> </ROW> <ROW> <ENT I="01">56.19022</ENT> <ENT>1219-0034</ENT> </ROW> <ROW> <ENT I="01">56.19023</ENT> <ENT>1219-0034</ENT> </ROW> <ROW> <ENT I="01">56.19057</ENT> <ENT>1219-0049</ENT> </ROW> <ROW> <ENT I="01">56.19121</ENT> <ENT>1219-0034</ENT> </ROW> <ROW> <ENT I="01">57.1000</ENT> <ENT>1219-0042</ENT> </ROW> <ROW> <ENT I="01">57.3203(a)</ENT> <ENT>1219-0121</ENT> </ROW> <ROW> <ENT I="01">57.3461</ENT> <ENT>1219-0097</ENT> </ROW> <ROW> <ENT I="01">57.5005</ENT> <ENT>1219-0048</ENT> </ROW> <ROW> <ENT I="01">57.5037</ENT> <ENT>1219-0003</ENT> </ROW> <ROW> <ENT I="01">57.5040</ENT> <ENT>1219-0003</ENT> </ROW> <ROW> <ENT I="01">57.5047</ENT> <ENT>1219-0039</ENT> </ROW> <ROW> <ENT I="01">57.5060</ENT> <ENT>1219-0135</ENT> </ROW> <ROW> <ENT I="01">57.5065</ENT> <ENT>1219-0135</ENT> </ROW> <ROW> <ENT I="01">57.5066</ENT> <ENT>1219-0135</ENT> </ROW> <ROW> <ENT I="01">57.5067</ENT> <ENT>1219-0135</ENT> </ROW> <ROW> <ENT I="01">57.5070</ENT> <ENT>1219-0135</ENT> </ROW> <ROW> <ENT I="01">57.5071</ENT> <ENT>1219-0135</ENT> </ROW> <ROW> <ENT I="01">57.5075</ENT> <ENT>1219-0135</ENT> </ROW> <ROW> <ENT I="01">57.8520</ENT> <ENT>1219-0016</ENT> </ROW> <ROW> <ENT I="01">57.8525</ENT> <ENT>1219-0016</ENT> </ROW> <ROW> <ENT I="01">57.11053</ENT> <ENT>1219-0046</ENT> </ROW> <ROW> <ENT I="01">57.13015</ENT> <ENT>1219-0089</ENT> </ROW> <ROW> <ENT I="01">57.13030</ENT> <ENT>1219-0089</ENT> </ROW> <ROW> <ENT I="01">57.14100</ENT> <ENT>1219-0089</ENT> </ROW> <ROW> <ENT I="01">57.18002</ENT> <ENT>1219-0089</ENT> </ROW> <ROW> <ENT I="01">57.19022</ENT> <ENT>1219-0034</ENT> </ROW> <ROW> <PRTPAGE P="9"/> <ENT I="01">57.19023</ENT> <ENT>1219-0034</ENT> </ROW> <ROW> <ENT I="01">57.19057</ENT> <ENT>1219-0049</ENT> </ROW> <ROW> <ENT I="01">57.19121</ENT> <ENT>1219-0034</ENT> </ROW> <ROW> <ENT I="01">57.22004(c)</ENT> <ENT>1219-0103</ENT> </ROW> <ROW> <ENT I="01">57.22204</ENT> <ENT>1219-0030</ENT> </ROW> <ROW> <ENT I="01">57.22229</ENT> <ENT>1219-0103</ENT> </ROW> <ROW> <ENT I="01">57.22230</ENT> <ENT>1219-0103</ENT> </ROW> <ROW> <ENT I="01">57.22231</ENT> <ENT>1219-0103</ENT> </ROW> <ROW> <ENT I="01">57.22239</ENT> <ENT>1219-0103</ENT> </ROW> <ROW> <ENT I="01">57.22401</ENT> <ENT>1219-0096</ENT> </ROW> <ROW RUL="s"> <ENT I="01">57.22606</ENT> <ENT>1219-0095</ENT> </ROW> <ROW EXPSTB="01" RUL="s"> <ENT I="21"> <E T="02">Subchapter M—Uniform Mine Health Regulations</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">62.110</ENT> <ENT>1219-0120</ENT> </ROW> <ROW> <ENT I="01">62.130</ENT> <ENT>1219-0120</ENT> </ROW> <ROW> <ENT I="01">62.170</ENT> <ENT>1219-0120</ENT> </ROW> <ROW> <ENT I="01">62.171</ENT> <ENT>1219-0120</ENT> </ROW> <ROW> <ENT I="01">62.172</ENT> <ENT>1219-0120</ENT> </ROW> <ROW> <ENT I="01">62.173</ENT> <ENT>1219-0120</ENT> </ROW> <ROW> <ENT I="01">62.174</ENT> <ENT>1219-0120</ENT> </ROW> <ROW> <ENT I="01">62.175</ENT> <ENT>1219-0120</ENT> </ROW> <ROW> <ENT I="01">62.180</ENT> <ENT>1219-0120</ENT> </ROW> <ROW RUL="s"> <ENT I="01">62.190</ENT> <ENT>1219-0120</ENT> </ROW> <ROW EXPSTB="01" RUL="s&ndash;"> <ENT I="21"> <E T="02">Subchapter O—Coal Mine Safety and Health</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">70.201(c)</ENT> <ENT>1219-0011</ENT> </ROW> <ROW> <ENT I="01">70.202(b)</ENT> <ENT>1219-0011</ENT> </ROW> <ROW> <ENT I="01">70.204</ENT> <ENT>1219-0011</ENT> </ROW> <ROW> <ENT I="01">70.209</ENT> <ENT>1219-0011</ENT> </ROW> <ROW> <ENT I="01">70.210</ENT> <ENT>1219-0011</ENT> </ROW> <ROW> <ENT I="01">70.220</ENT> <ENT>1219-0011</ENT> </ROW> <ROW> <ENT I="01">71.201(c)</ENT> <ENT>1219-0011</ENT> </ROW> <ROW> <ENT I="01">71.202(b)</ENT> <ENT>1219-0011</ENT> </ROW> <ROW> <ENT I="01">71.204</ENT> <ENT>1219-0011</ENT> </ROW> <ROW> <ENT I="01">71.209</ENT> <ENT>1219-0011</ENT> </ROW> <ROW> <ENT I="01">71.210</ENT> <ENT>1219-0011</ENT> </ROW> <ROW> <ENT I="01">71.220</ENT> <ENT>1219-0011</ENT> </ROW> <ROW> <ENT I="01">71.300</ENT> <ENT>1219-0011</ENT> </ROW> <ROW> <ENT I="01">71.301</ENT> <ENT>1219-0011</ENT> </ROW> <ROW> <ENT I="01">71.403</ENT> <ENT>1219-0024</ENT> </ROW> <ROW> <ENT I="01">71.404</ENT> <ENT>1219-0024</ENT> </ROW> <ROW> <ENT I="01">72.500</ENT> <ENT>1219-0124</ENT> </ROW> <ROW> <ENT I="01">72.503</ENT> <ENT>1219-0124</ENT> </ROW> <ROW> <ENT I="01">72.510</ENT> <ENT>1219-0124</ENT> </ROW> <ROW> <ENT I="01">72.520</ENT> <ENT>1219-0124</ENT> </ROW> <ROW> <ENT I="01">75.100</ENT> <ENT>1219-0127</ENT> </ROW> <ROW> <ENT I="01">75.153(a)(2)</ENT> <ENT>1219-0001</ENT> </ROW> <ROW> <ENT I="01">75.155</ENT> <ENT>1219-0127</ENT> </ROW> <ROW> <ENT I="01">75.159</ENT> <ENT>1219-0127</ENT> </ROW> <ROW> <ENT I="01">75.160</ENT> <ENT>1219-0127</ENT> </ROW> <ROW> <ENT I="01">75.161</ENT> <ENT>1219-0127</ENT> </ROW> <ROW> <ENT I="01">75.204(a)</ENT> <ENT>1219-0121</ENT> </ROW> <ROW> <ENT I="01">75.215</ENT> <ENT>1219-0004</ENT> </ROW> <ROW> <ENT I="01">75.220</ENT> <ENT>1219-0004</ENT> </ROW> <ROW> <ENT I="01">75.221</ENT> <ENT>1219-0004</ENT> </ROW> <ROW> <ENT I="01">75.222</ENT> <ENT>1219-0004</ENT> </ROW> <ROW> <ENT I="01">75.223</ENT> <ENT>1219-0004</ENT> </ROW> <ROW> <ENT I="01">75.310</ENT> <ENT>1219-0088</ENT> </ROW> <ROW> <ENT I="01">75.312</ENT> <ENT>1219-0088</ENT> </ROW> <ROW> <ENT I="01">75.342</ENT> <ENT>1219-0088</ENT> </ROW> <ROW> <ENT I="01">75.350</ENT> <ENT>1219-0138</ENT> </ROW> <ROW> <ENT I="01">75.351</ENT> <ENT>1219-0088, -0116, -0138</ENT> </ROW> <ROW> <ENT I="01">75.352</ENT> <ENT>1219-0138</ENT> </ROW> <ROW> <ENT I="01">75.360</ENT> <ENT>1219-0088</ENT> </ROW> <ROW> <ENT I="01">75.361</ENT> <ENT>1219-0088</ENT> </ROW> <ROW> <ENT I="01">75.362</ENT> <ENT>1219-0088</ENT> </ROW> <ROW> <ENT I="01">75.363</ENT> <ENT>1219-0088</ENT> </ROW> <ROW> <ENT I="01">75.364</ENT> <ENT>1219-0088</ENT> </ROW> <ROW> <ENT I="01">75.370</ENT> <ENT>1219-0088</ENT> </ROW> <ROW> <ENT I="01">75.371</ENT> <ENT>1219-0088, -0138</ENT> </ROW> <ROW> <ENT I="01">75.372</ENT> <ENT>1219-0073</ENT> </ROW> <ROW> <ENT I="01">75.373</ENT> <ENT>1219-0073</ENT> </ROW> <ROW> <ENT I="01">75.382</ENT> <ENT>1219-0088</ENT> </ROW> <ROW> <ENT I="01">75.512</ENT> <ENT>1219-0116</ENT> </ROW> <ROW> <ENT I="01">75.703-3</ENT> <ENT>1219-0116</ENT> </ROW> <ROW> <ENT I="01">75.800-4</ENT> <ENT>1219-0116</ENT> </ROW> <ROW> <ENT I="01">75.820</ENT> <ENT>1210-0116</ENT> </ROW> <ROW> <ENT I="01">75.821</ENT> <ENT>1219-0116</ENT> </ROW> <ROW> <ENT I="01">75.900-4</ENT> <ENT>1219-0116</ENT> </ROW> <ROW> <ENT I="01">75.1001-1</ENT> <ENT>1219-0116</ENT> </ROW> <ROW> <ENT I="01">75.1100-3</ENT> <ENT>1219-0054</ENT> </ROW> <ROW> <ENT I="01">75.1103-8</ENT> <ENT>1219-0054</ENT> </ROW> <ROW> <ENT I="01">75.1103-11</ENT> <ENT>1219-0054</ENT> </ROW> <ROW> <ENT I="01">75.1200</ENT> <ENT>1219-0073</ENT> </ROW> <ROW> <ENT I="01">75.1200-1</ENT> <ENT>1219-0073</ENT> </ROW> <ROW> <ENT I="01">75.1201</ENT> <ENT>1219-0073</ENT> </ROW> <ROW> <ENT I="01">75.1202</ENT> <ENT>1219-0073</ENT> </ROW> <ROW> <ENT I="01">75.1202-1</ENT> <ENT>1219-0073</ENT> </ROW> <ROW> <ENT I="01">75.1203</ENT> <ENT>1219-0073</ENT> </ROW> <ROW> <ENT I="01">75.1204</ENT> <ENT>1219-0073</ENT> </ROW> <ROW> <ENT I="01">75.1204-1</ENT> <ENT>1219-0073</ENT> </ROW> <ROW> <ENT I="01">75.1321</ENT> <ENT>1219-0025</ENT> </ROW> <ROW> <ENT I="01">75.1327</ENT> <ENT>1219-0025</ENT> </ROW> <ROW> <ENT I="01">75.1400-2</ENT> <ENT>1219-0034</ENT> </ROW> <ROW> <ENT I="01">75.1400-4</ENT> <ENT>1219-0034</ENT> </ROW> <ROW> <ENT I="01">75.1432</ENT> <ENT>1219-0034</ENT> </ROW> <ROW> <ENT I="01">75.1433</ENT> <ENT>1219-0034</ENT> </ROW> <ROW> <ENT I="01">75.1501</ENT> <ENT>1219-0054</ENT> </ROW> <ROW> <ENT I="01">75.1502</ENT> <ENT>1219-0054, -0141</ENT> </ROW> <ROW> <ENT I="01">75.1504</ENT> <ENT>1219-0141</ENT> </ROW> <ROW> <ENT I="01">75.1505</ENT> <ENT>1219-0141</ENT> </ROW> <ROW> <ENT I="01">75.1702</ENT> <ENT>1219-0041</ENT> </ROW> <ROW> <ENT I="01">75.1712-4</ENT> <ENT>1219-0024</ENT> </ROW> <ROW> <ENT I="01">75.1712-5</ENT> <ENT>1219-0024</ENT> </ROW> <ROW> <ENT I="01">75.1713-1</ENT> <ENT>1219-0078</ENT> </ROW> <ROW> <ENT I="01">75.1714-3(e)</ENT> <ENT>1219-0044</ENT> </ROW> <ROW> <ENT I="01">75.1714-4</ENT> <ENT>1219-0044</ENT> </ROW> <ROW> <ENT I="01">75.1714-5</ENT> <ENT>1219-0141</ENT> </ROW> <ROW> <ENT I="01">75.1714-8</ENT> <ENT>1219-0141</ENT> </ROW> <ROW> <ENT I="01">75.1716</ENT> <ENT>1219-0020</ENT> </ROW> <ROW> <ENT I="01">75.1716-1</ENT> <ENT>1219-0020</ENT> </ROW> <ROW> <ENT I="01">75.1716-3</ENT> <ENT>1219-0020</ENT> </ROW> <ROW> <ENT I="01">75.1721</ENT> <ENT>1219-0073</ENT> </ROW> <ROW> <ENT I="01">75.1901</ENT> <ENT>1219-0119</ENT> </ROW> <ROW> <ENT I="01">75.1904</ENT> <ENT>1219-0119</ENT> </ROW> <ROW> <ENT I="01">75.1911</ENT> <ENT>1219-0119</ENT> </ROW> <ROW> <ENT I="01">75.1912</ENT> <ENT>1219-0119</ENT> </ROW> <ROW> <ENT I="01">75.1914</ENT> <ENT>1219-0119</ENT> </ROW> <ROW> <ENT I="01">75.1915</ENT> <ENT>1219-0119, -0124</ENT> </ROW> <ROW> <ENT I="01">77.100</ENT> <ENT>1219-0127</ENT> </ROW> <ROW> <ENT I="01">77.103(a)(2)</ENT> <ENT>1219-0001</ENT> </ROW> <ROW> <ENT I="01">77.105</ENT> <ENT>1219-0127</ENT> </ROW> <ROW> <ENT I="01">77.106</ENT> <ENT>1219-0127</ENT> </ROW> <ROW> <ENT I="01">77.107</ENT> <ENT>1219-0127</ENT> </ROW> <ROW> <ENT I="01">77.107-1</ENT> <ENT>1219-0127</ENT> </ROW> <ROW> <ENT I="01">77.215</ENT> <ENT>1219-0015</ENT> </ROW> <ROW> <ENT I="01">77.215-2</ENT> <ENT>1219-0015</ENT> </ROW> <ROW> <ENT I="01">77.215-3</ENT> <ENT>1219-0015</ENT> </ROW> <ROW> <ENT I="01">77.215-4</ENT> <ENT>1219-0015</ENT> </ROW> <ROW> <ENT I="01">77.216-2</ENT> <ENT>1219-0015</ENT> </ROW> <ROW> <ENT I="01">77.216-3</ENT> <ENT>1219-0015</ENT> </ROW> <ROW> <ENT I="01">77.216-4</ENT> <ENT>1219-0015</ENT> </ROW> <ROW> <ENT I="01">77.216-5</ENT> <ENT>1219-0015</ENT> </ROW> <ROW> <ENT I="01">77.502</ENT> <ENT>1219-0116</ENT> </ROW> <ROW> <ENT I="01">77.800-2</ENT> <ENT>1219-0116</ENT> </ROW> <ROW> <ENT I="01">77.900-2</ENT> <ENT>1219-0116</ENT> </ROW> <ROW> <ENT I="01">77.1000</ENT> <ENT>1219-0026</ENT> </ROW> <ROW> <ENT I="01">77.1000-1</ENT> <ENT>1219-0026</ENT> </ROW> <ROW> <ENT I="01">77.1101</ENT> <ENT>1219-0051</ENT> </ROW> <ROW> <PRTPAGE P="10"/> <ENT I="01">77.1200</ENT> <ENT>1219-0073</ENT> </ROW> <ROW> <ENT I="01">77.1201</ENT> <ENT>1219-0073</ENT> </ROW> <ROW> <ENT I="01">77.1202</ENT> <ENT>1219-0073</ENT> </ROW> <ROW> <ENT I="01">77.1404</ENT> <ENT>1219-0034</ENT> </ROW> <ROW> <ENT I="01">77.1432</ENT> <ENT>1219-0034</ENT> </ROW> <ROW> <ENT I="01">77.1433</ENT> <ENT>1219-0034</ENT> </ROW> <ROW> <ENT I="01">77.1702</ENT> <ENT>1219-0078</ENT> </ROW> <ROW> <ENT I="01">77.1713</ENT> <ENT>1219-0083</ENT> </ROW> <ROW> <ENT I="01">77.1900</ENT> <ENT>1219-0019</ENT> </ROW> <ROW> <ENT I="01">77.1901</ENT> <ENT>1219-0082</ENT> </ROW> <ROW> <ENT I="01">77.1906</ENT> <ENT>1219-0034</ENT> </ROW> <ROW> <ENT I="01">77.1909-1</ENT> <ENT>1219-0025</ENT> </ROW> <ROW> <ENT I="01">90.201(c)</ENT> <ENT>1219-0011</ENT> </ROW> <ROW> <ENT I="01">90.202(b)</ENT> <ENT>1219-0011</ENT> </ROW> <ROW> <ENT I="01">90.204</ENT> <ENT>1219-0011</ENT> </ROW> <ROW> <ENT I="01">90.209</ENT> <ENT>1219-0011</ENT> </ROW> <ROW> <ENT I="01">90.220</ENT> <ENT>1219-0011</ENT> </ROW> <ROW> <ENT I="01">90.300</ENT> <ENT>1219-0011</ENT> </ROW> <ROW> <ENT I="01">90.301</ENT> <ENT>1219-0011</ENT> </ROW> </GPOTABLE> <CITA>[72 FR 35659, June 29, 2007]</CITA> </SECTION> </PART> </SUBCHAP> <SUBCHAP TYPE="P"> <PRTPAGE P="11"/> <HD SOURCE="HED">SUBCHAPTER B—TESTING, EVALUATION, AND APPROVAL OF MINING PRODUCTS</HD> <PART> <EAR>Pt. 5</EAR> <HD SOURCE="HED">PART 5—FEES FOR TESTING, EVALUATION, AND APPROVAL OF MINING PRODUCTS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>5.10</SECTNO> <SUBJECT>Purpose and scope.</SUBJECT> <SECTNO>5.30</SECTNO> <SUBJECT>Fee calculation.</SUBJECT> <SECTNO>5.40</SECTNO> <SUBJECT>Fee administration.</SUBJECT> <SECTNO>5.50</SECTNO> <SUBJECT>Fee revisions.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>30 U.S.C. 957.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>52 FR 17516, May 8, 1987, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 5.10</SECTNO> <SUBJECT>Purpose and scope.</SUBJECT> <P>(a) This part establishes a system under which MSHA charges a fee for services provided under this subchapter. This part includes the management and calculation of these fees.</P> <P>(b) The services for which fees are charged are—</P> <P>(1) Application processing by engineers, technicians and other specialists (investigators), including administrative review of applications, analysis of drawings, technical evaluation, testing, test set up and tear down, consultation on applications and investigator travel, where necessary to process the application;</P> <P>(2) Clerical services, computer tracking and status reporting, records control and security and document preparation directly supporting application processing;</P> <P>(3) A proportionate share of management, administration and operation of the Approval and Certification Center which is in support of application processing; and</P> <P>(4) Amortization of facility improvements and depreciation of buildings and equipment used for testing and evaluation or otherwise directly associated with application processing.</P> <P>(c) Fees are not charged for:</P> <P>(1) Technical assistance not related to processing an approval application;</P> <P>(2) Technical programs including development of new technology programs;</P> <P>(3) Participation in research conducted by other government agencies or private organizations;</P> <P>(4) Regulatory review activities, including participation in the development of health and safety standards, regulations and legislation; and</P> <P>(5) Post-approval product audits.</P> <CITA>[52 FR 17516, May 8, 1987, as amended at 70 FR 46342, Aug. 9, 2005]</CITA> </SECTION> <SECTION> <SECTNO>§ 5.30</SECTNO> <SUBJECT>Fee calculation.</SUBJECT> <P>(a) MSHA bases fees under this subchapter on the direct and indirect costs of the services provided, except that part 15 fees for services provided to MSHA by other organizations may be set by those organizations.</P> <P>(b) Except as provided in paragraphs (b)(1) and (2) of this section, upon completion of an initial administrative review of the application, the Approval and Certification Center will prepare a maximum fee estimate for each application and will begin the technical evaluation once the applicant authorizes the fee estimate.</P> <P>(1) The applicant may pre-authorize an expenditure for services under this subchapter, and may further choose to pre-authorize either a maximum dollar amount or an expenditure without a specified maximum amount. All applications containing a pre-authorization statement will immediately be put in the queue for the technical evaluation upon completion of an initial administrative review. 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. 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.</P> <P>(2) 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-<PRTPAGE P="12"/>authorize a fixed dollar amount, set by MSHA, for processing the application.</P> <P>(c) 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.</P> <P>(d) If the actual cost of processing the application is less than MSHA's maximum fee estimate, MSHA will charge the actual cost.</P> <CITA>[70 FR 46342, Aug. 9, 2005]</CITA> </SECTION> <SECTION> <SECTNO>§ 5.40</SECTNO> <SUBJECT>Fee administration.</SUBJECT> <P>Applicants will be billed for all fees, including actual travel expenses, if any, when processing of the application is completed. Invoices will contain specific payment instructions, including the address to mail payments and authorized methods of payment.</P> <CITA>[70 FR 46342, Aug. 9, 2005]</CITA> </SECTION> <SECTION> <SECTNO>§ 5.50</SECTNO> <SUBJECT>Fee revisions.</SUBJECT> <P>Each fee schedule shall remain in effect for at least one year and be subject to revision at least once every three years.</P> </SECTION> </PART> <PART> <EAR>Pt. 6</EAR> <HD SOURCE="HED">PART 6—TESTING AND EVALUATION BY INDEPENDENT LABORATORIES AND NON-MSHA PRODUCT SAFETY STANDARDS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>6.1</SECTNO> <SUBJECT>Purpose and effective date.</SUBJECT> <SECTNO>6.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>6.10</SECTNO> <SUBJECT>Use of independent laboratories.</SUBJECT> <SECTNO>6.20</SECTNO> <SUBJECT>MSHA acceptance of equivalent non-MSHA product safety standards.</SUBJECT> <SECTNO>6.30</SECTNO> <SUBJECT>MSHA listing of equivalent non-MSHA product safety standards.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>30 U.S.C. 957.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>68 FR 36417, June 17, 2003, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 6.1</SECTNO> <SUBJECT>Purpose and effective date.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 6.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The following definitions apply in this part.</P> <P> <E T="03">Applicant.</E> An individual or organization that manufactures or controls the assembly of a product and applies to MSHA for approval of that product.</P> <P> <E T="03">Approval.</E> 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.</P> <P> <E T="03">Approval holder.</E> 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.</P> <P> <E T="03">Equivalent non-MSHA product safety standards.</E> A non-MSHA product safety standard, or group of standards, that is determined by MSHA to provide at least the same degree of protection as the applicable MSHA product approval requirements in parts 18, 19, 20, 22, 23, 27, 33, 35, and 36, or which in modified form provide at least the same degree of protection.</P> <P> <E T="03">Independent laboratory.</E> A laboratory that:<PRTPAGE P="13"/> </P> <P>(1) has been recognized by a laboratory accrediting organization to test and evaluate products to a product safety standard, and</P> <P>(2) is free from commercial, financial, and other pressures that may influence the results of the testing and evaluation process.</P> <P> <E T="03">Post-approval product audit.</E> 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.</P> <P> <E T="03">Product safety standard.</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 6.10</SECTNO> <SUBJECT>Use of independent laboratories.</SUBJECT> <P>(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:</P> <P>(1) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization;</P> <P>(2) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements;</P> <P>(3) Identification of components or features of the product that are critical to the safety of the product; and</P> <P>(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.</P> <P>(b) Product testing and evaluation performed by independent laboratories for purposes of MSHA approval must comply with the applicable MSHA product approval requirements.</P> <P>(c) Product testing and evaluation must be conducted or witnessed by the laboratory's personnel.</P> <P>(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.</P> <P>(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.</P> <P>(f) Once the product is approved, the approval holder must notify MSHA of all product defects of which they become aware.</P> </SECTION> <SECTION> <SECTNO>§ 6.20</SECTNO> <SUBJECT>MSHA acceptance of equivalent non-MSHA product safety standards.</SUBJECT> <P>(a) MSHA will accept non-MSHA product safety standards, or groups of standards, as equivalent after determining that they:</P> <P>(1) Provide at least the same degree of protection as MSHA's product approval requirements in parts 18, 19, 20, 22, 23, 27, 33, 35 and 36 of this chapter; or</P> <P>(2) Can be modified to provide at least the same degree of protection as those MSHA requirements.</P> <P>(b) MSHA will publish its intent to review any non-MSHA product safety standard for equivalency in the <E T="04">Federal Register</E> for the purpose of soliciting public input.</P> <P>(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. <PRTPAGE P="14"/>MSHA will provide equivalency determination reports to the public upon request to the Approval and Certification Center.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 6.30</SECTNO> <SUBJECT>MSHA listing of equivalent non-MSHA product safety standards.</SUBJECT> <P>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:</P> <P>(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 §§ 7.10(c)(1) and 18.6(a)(3)(i) for a list of the required modifications. The IEC standards may be inspected at MSHA's Electrical Safety Division, Approval and Certification Center, R.R. 1, Box 251, Industrial Park Road, Triadelphia, West Virginia 26059 and may be purchased from International Electrical Commission, Central Office 3, rue de Varembé, P.O. Box 131, CH-1211 GENEVA 20, Switzerland.</P> <P>(b) [Reserved]</P> <CITA>[71 FR 28583, May 17, 2006]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 7</EAR> <HD SOURCE="HED">PART 7—TESTING BY APPLICANT OR THIRD PARTY</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECHD>Sec.</SECHD> <SECTNO>7.1</SECTNO> <SUBJECT>Purpose and scope.</SUBJECT> <SECTNO>7.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>7.3</SECTNO> <SUBJECT>Application procedures and requirements.</SUBJECT> <SECTNO>7.4</SECTNO> <SUBJECT>Product testing.</SUBJECT> <SECTNO>7.5</SECTNO> <SUBJECT>Issuance of approval.</SUBJECT> <SECTNO>7.6</SECTNO> <SUBJECT>Approval marking and distribution record.</SUBJECT> <SECTNO>7.7</SECTNO> <SUBJECT>Quality assurance.</SUBJECT> <SECTNO>7.8</SECTNO> <SUBJECT>Post-approval product audit.</SUBJECT> <SECTNO>7.9</SECTNO> <SUBJECT>Revocation.</SUBJECT> <SECTNO>7.10</SECTNO> <SUBJECT>MSHA acceptance of equivalent non—MSHA product safety standards.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Brattice Cloth and Ventilation Tubing</HD> <SECTNO>7.21</SECTNO> <SUBJECT>Purpose and effective date.</SUBJECT> <SECTNO>7.22</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>7.23</SECTNO> <SUBJECT>Application requirements.</SUBJECT> <SECTNO>7.24</SECTNO> <SUBJECT>Technical requirements.</SUBJECT> <SECTNO>7.25</SECTNO> <SUBJECT>Critical characteristics.</SUBJECT> <SECTNO>7.26</SECTNO> <SUBJECT>Flame test apparatus.</SUBJECT> <SECTNO>7.27</SECTNO> <SUBJECT>Test for flame resistance of brattice cloth.</SUBJECT> <SECTNO>7.28</SECTNO> <SUBJECT>Test for flame resistance of rigid ventilation tubing.</SUBJECT> <SECTNO>7.29</SECTNO> <SUBJECT>Approval marking.</SUBJECT> <SECTNO>7.30</SECTNO> <SUBJECT>Post-approval product audit.</SUBJECT> <SECTNO>7.31</SECTNO> <SUBJECT>New technology.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Battery Assemblies</HD> <SECTNO>7.41</SECTNO> <SUBJECT>Purpose and effective date.</SUBJECT> <SECTNO>7.42</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>7.43</SECTNO> <SUBJECT>Application requirements.</SUBJECT> <SECTNO>7.44</SECTNO> <SUBJECT>Technical requirements.</SUBJECT> <SECTNO>7.45</SECTNO> <SUBJECT>Critical characteristics.</SUBJECT> <SECTNO>7.46</SECTNO> <SUBJECT>Impact test.</SUBJECT> <SECTNO>7.47</SECTNO> <SUBJECT>Deflection temperature test.</SUBJECT> <SECTNO>7.48</SECTNO> <SUBJECT>Acid resistance test.</SUBJECT> <SECTNO>7.49</SECTNO> <SUBJECT>Approval marking.</SUBJECT> <SECTNO>7.50</SECTNO> <SUBJECT>Post-approval product audit.</SUBJECT> <SECTNO>7.51</SECTNO> <SUBJECT>Approval checklist.</SUBJECT> <SECTNO>7.52</SECTNO> <SUBJECT>New technology.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Multiple-Shot Blasting Units</HD> <SECTNO>7.61</SECTNO> <SUBJECT>Purpose and effective date.</SUBJECT> <SECTNO>7.62</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>7.63</SECTNO> <SUBJECT>Application requirements.</SUBJECT> <SECTNO>7.64</SECTNO> <SUBJECT>Technical requirements.</SUBJECT> <SECTNO>7.65</SECTNO> <SUBJECT>Critical characteristics.</SUBJECT> <SECTNO>7.66</SECTNO> <SUBJECT>Output energy test.</SUBJECT> <SECTNO>7.67</SECTNO> <SUBJECT>Construction test.</SUBJECT> <SECTNO>7.68</SECTNO> <SUBJECT>Firing line terminals test.</SUBJECT> <SECTNO>7.69</SECTNO> <SUBJECT>Approval marking.</SUBJECT> <SECTNO>7.70</SECTNO> <SUBJECT>Post-approval product audit.</SUBJECT> <SECTNO>7.71</SECTNO> <SUBJECT>Approval checklist.</SUBJECT> <SECTNO>7.72</SECTNO> <SUBJECT>New technology.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Diesel Engines Intended for Use in Underground Coal Mines</HD> <SECTNO>7.81</SECTNO> <SUBJECT>Purpose and effective date.</SUBJECT> <SECTNO>7.82</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>7.83</SECTNO> <SUBJECT>Application requirements.</SUBJECT> <SECTNO>7.84</SECTNO> <SUBJECT>Technical requirements.</SUBJECT> <SECTNO>7.85</SECTNO> <SUBJECT>Critical characteristics.</SUBJECT> <SECTNO>7.86</SECTNO> <SUBJECT>Test equipment and specifications.</SUBJECT> <SECTNO>7.87</SECTNO> <SUBJECT>Test to determine the maximum fuel-air ratio.</SUBJECT> <SECTNO>7.88</SECTNO> <SUBJECT>Test to determine the gaseous ventilation rate.<PRTPAGE P="15"/> </SUBJECT> <SECTNO>7.89</SECTNO> <SUBJECT>Test to determine the particulate index.</SUBJECT> <SECTNO>7.90</SECTNO> <SUBJECT>Approval marking.</SUBJECT> <SECTNO>7.91</SECTNO> <SUBJECT>Post-approval product audit.</SUBJECT> <SECTNO>7.92</SECTNO> <SUBJECT>New technology.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Diesel Power Packages Intended for Use in Areas of Underground Coal Mines Where Permissible Electric Equipment Is Required</HD> <SECTNO>7.95</SECTNO> <SUBJECT>Purpose and effective date.</SUBJECT> <SECTNO>7.96</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>7.97</SECTNO> <SUBJECT>Application requirements.</SUBJECT> <SECTNO>7.98</SECTNO> <SUBJECT>Technical requirements.</SUBJECT> <SECTNO>7.99</SECTNO> <SUBJECT>Critical characteristics.</SUBJECT> <SECTNO>7.100</SECTNO> <SUBJECT>Explosion tests.</SUBJECT> <SECTNO>7.101</SECTNO> <SUBJECT>Surface temperature tests.</SUBJECT> <SECTNO>7.102</SECTNO> <SUBJECT>Exhaust gas cooling efficiency test.</SUBJECT> <SECTNO>7.103</SECTNO> <SUBJECT>Safety system control test.</SUBJECT> <SECTNO>7.104</SECTNO> <SUBJECT>Internal static pressure test.</SUBJECT> <SECTNO>7.105</SECTNO> <SUBJECT>Approval marking.</SUBJECT> <SECTNO>7.106</SECTNO> <SUBJECT>Post-approval product audit.</SUBJECT> <SECTNO>7.107</SECTNO> <SUBJECT>New technology.</SUBJECT> <SECTNO>7.108</SECTNO> <SUBJECT>Power package checklist.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart J—Electric Motor Assemblies</HD> <SECTNO>7.301</SECTNO> <SUBJECT>Purpose and effective date.</SUBJECT> <SECTNO>7.302</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>7.303</SECTNO> <SUBJECT>Application requirements.</SUBJECT> <SECTNO>7.304</SECTNO> <SUBJECT>Technical requirements.</SUBJECT> <SECTNO>7.305</SECTNO> <SUBJECT>Critical characteristics.</SUBJECT> <SECTNO>7.306</SECTNO> <SUBJECT>Explosion tests.</SUBJECT> <SECTNO>7.307</SECTNO> <SUBJECT>Static pressure test.</SUBJECT> <SECTNO>7.308</SECTNO> <SUBJECT>Lockwasher equivalency test.</SUBJECT> <SECTNO>7.309</SECTNO> <SUBJECT>Approval marking.</SUBJECT> <SECTNO>7.310</SECTNO> <SUBJECT>Post-approval product audit.</SUBJECT> <SECTNO>7.311</SECTNO> <SUBJECT>Approval checklist.</SUBJECT> <APP>Appendix I to Subpart J of Part 7</APP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart K—Electric Cables, Signaling Cables, and Cable Splice Kits</HD> <SECTNO>7.401</SECTNO> <SUBJECT>Purpose and effective date.</SUBJECT> <SECTNO>7.402</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>7.403</SECTNO> <SUBJECT>Application requirements.</SUBJECT> <SECTNO>7.404</SECTNO> <SUBJECT>Technical requirements.</SUBJECT> <SECTNO>7.405</SECTNO> <SUBJECT>Critical characteristics.</SUBJECT> <SECTNO>7.406</SECTNO> <SUBJECT>Flame test apparatus.</SUBJECT> <SECTNO>7.407</SECTNO> <SUBJECT>Test for flame resistance of electric cables and cable splices.</SUBJECT> <SECTNO>7.408</SECTNO> <SUBJECT>Test for flame resistance of signaling cables.</SUBJECT> <SECTNO>7.409</SECTNO> <SUBJECT>Approval markings.</SUBJECT> <SECTNO>7.410</SECTNO> <SUBJECT>Post-approval product audit.</SUBJECT> <SECTNO>7.411</SECTNO> <SUBJECT>New technology.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>30 U.S.C. 957.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>53 FR 23500, June 22, 1988, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECTION> <SECTNO>§ 7.1</SECTNO> <SUBJECT>Purpose and scope.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 7.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The following definitions apply in this part.</P> <P> <E T="03">Applicant.</E> An individual or organization that manufactures or controls the assembly of a product and that applies to MSHA for approval of that product.</P> <P> <E T="03">Approval.</E> 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.</P> <P> <E T="03">Authorized company official.</E> An individual designated by applicant who has the authority to bind the company.</P> <P> <E T="03">Critical characteristic.</E> 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.</P> <P> <E T="03">Equivalent non-MSHA product safety standards.</E> 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.</P> <P> <E T="03">Extention of approval.</E> 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.<PRTPAGE P="16"/> </P> <P> <E T="03">Post-approval product audit.</E> 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.</P> <P> <E T="03">Technical requirements.</E> The design and performance requirements for a product, as specified in a subpart of this part.</P> <P> <E T="03">Test procedures.</E> The methods specified in a subpart of this part used to determine whether a product meet the performance portion of the technical requirements.</P> <CITA>[53 FR 23500, June 22, 1988; 53 FR 25569, July 7, 1988, as amended at 68 FR 36418, June 17, 2003]</CITA> </SECTION> <SECTION> <SECTNO>§ 7.3</SECTNO> <SUBJECT>Application procedures and requirements.</SUBJECT> <P>(a) <E T="03">Application.</E> Requests for an approval or extension of approval shall be sent to: U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, RR # 1, Box 251, Industrial Park Road, Triadelphia, West Virginia 26059.</P> <P>(b) <E T="03">Fees.</E> Fees calculated in accordance with part 5 of this title shall be submitted in accordance with § 5.40.</P> <P>(c) <E T="03">Original approval.</E> Each application for approval of a product shall include—</P> <P>(1) A brief description of the product;</P> <P>(2) The documentation specified in the appropriate subpart of this part;</P> <P>(3) The name, address, and telephone number of the applicant's representative responsible for answering any questions regarding the application;</P> <P>(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</P> <P>(5) If appropriate, the place and date for product testing.</P> <P>(d) <E T="03">Subsequent approval of a similar product.</E> Each application for a product similar to one for which the applicant already holds an approval shall include—</P> <P>(1) The approval number for the product which most closely resembles the new one;</P> <P>(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;</P> <P>(3) An explanation of any change from the existing approval; and</P> <P>(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.</P> <P>(e) <E T="03">Extension of an approval.</E> 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—</P> <P>(1) The MSHA-assigned approval number for the product for which the extension is sought;</P> <P>(2) A brief description of the proposed change to the previously approved product;</P> <P>(3) Drawings and specifications which show the change in detail;</P> <P>(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;</P> <P>(5) The place and date for product testing, if testing will be conducted; and</P> <P>(6) The name, address, and telephone number of the applicant's representative responsible for answering any questions regarding the application.</P> <P>(f) <E T="03">Certification statement.</E> (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 § 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.</P> <P>(2) After completion of the required product testing, the applicant shall <PRTPAGE P="17"/>certify that the product has been tested and meets the performance portion of the technical requirements, as specified in the appropriate subpart.</P> <P>(3) All certification statements shall be signed by an authorized company official.</P> <CITA>[53 FR 23500, June 22, 1988, as amended at 60 FR 33722, June 29, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 7.4</SECTNO> <SUBJECT>Product testing.</SUBJECT> <P>(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.</P> <P>(b) Unless otherwise specified in the subpart, test instruments shall be calibrated at least as frequently as, and according to, the instrument manufacturer's specifications, using calibration standards traceable to those set by the National Bureau of Standards, U.S. Department of Commerce or other nationally recoginzed standards and accurate to at least one significant figure beyond the desired accuracy.</P> <P>(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.</P> <P>(d) MSHA will accept product testing conducted outside the United States where such acceptance is specifically required by international agreement.</P> <CITA>[53 FR 23500, June 22, 1988; 53 FR 25569, July 7, 1988; 60 FR 33722, June 29, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 7.5</SECTNO> <SUBJECT>Issuance of approval.</SUBJECT> <P>(a) An applicant shall not advertise or otherwise represent a product as approved until MSHA has issued the applicant an approval.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 7.6</SECTNO> <SUBJECT>Approval marking and distribution record.</SUBJECT> <P>(a) Each approved product shall have an approval marking, as specified in the appropriate subpart of this part.</P> <P>(b) For an extension of approval, the extension number shall be added to the original approval number on the approval marking.</P> <P>(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.</P> <CITA>[53 FR 23500, June 22, 1988, as amended at 60 FR 33722, June 29, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 7.7</SECTNO> <SUBJECT>Quality assurance.</SUBJECT> <P>Applicants granted an approval or an extension of approval under this part shall—</P> <P>(a) Inspect or test, or both, the critical characteristics in accordance with the appropriate subpart of this part;</P> <P>(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.</P> <P>(c) Control production documentation so that the product is manufactured as approved;</P> <P>(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.</P> <CITA>[53 FR 23500, June 22, 1988, as amended at 60 FR 33722, June 29, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 7.8</SECTNO> <SUBJECT>Post-approval product audit.</SUBJECT> <P>(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 <PRTPAGE P="18"/>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.</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 7.9</SECTNO> <SUBJECT>Revocation.</SUBJECT> <P>(a) MSHA may revoke for cause an approval issued under this part if the product:</P> <P>(1) Fails to meet the applicable technical requirements; or</P> <P>(2) Creates a hazard when used in a mine.</P> <P>(b) Prior to revoking an approval, the approval-holder shall be informed in writing of MSHA's intention to revoke approval. The notice shall:</P> <P>(1) Explain the specific reasons for the proposed revocation; and</P> <P>(2) Provide the approval-holder an opportunity to demonstrate or achieve compliance with the product approval requirements.</P> <P>(c) Upon request, the approval-holder shall be afforded an opportunity for a hearing.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 7.10</SECTNO> <SUBJECT>MSHA acceptance of equivalent non-MSHA product safety standards.</SUBJECT> <P>(a) MSHA will accept non-MSHA product safety standards, or groups of standards, as equivalent after determining that they:</P> <P>(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</P> <P>(2) Can be modified to provide at least the same degree of protection as those MSHA requirements.</P> <P>(b) MSHA will publish its intent to review any non-MSHA product safety standard for equivalency in the <E T="04">Federal Register</E> for the purpose of soliciting public input.</P> <P>(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.</P> <P>(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 § 7.10(c)(1)(i) through (ix) are met. The Director of the <E T="04">Federal Register</E> 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 MSHA's Electrical Safety Division, Approval and Certification Center, R.R. 1, Box 251, Industrial Park Road, Triadelphia, West Virginia 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: <E T="03">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</E>. These IEC standards may be obtained from International <PRTPAGE P="19"/>Electrical Commission, Central Office 3, rue de Varembé, P.O. Box 131, CH-1211 GENEVA 20, Switzerland.</P> <P>(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 °C (302 °F) in normal operation.</P> <P>(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 § 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.</P> <P>(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.</P> <P>(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.</P> <P>(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 <FR>1/2</FR> inch, <FR>3/4</FR> 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.</P> <P>(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.</P> <P>(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.</P> <P>(viii) Unused lead entrances shall be closed with a metal plug that is secured by spot welding, brazing, or equivalent.</P> <P>(ix) Special explosion tests are required for electric motor assemblies that share leads (electric conductors) through a common wall with another explosion-proof enclosure, such as a motor winding compartment and a conduit box. These tests are required to determine the presence of any pressure piling conditions in either enclosure when one or more of the insulating barriers, sectionalizing terminals, or other isolating parts are sequentially removed from the common wall between the enclosures. Enclosures that exhibit pressures during these tests that exceed those specified in existing requirements must be provided with a warning tag. The durable warning tag must indicate that the insulating barriers, sectionalizing terminals, or other isolating parts be maintained in order to insure the explosion-proof integrity for either enclosure sharing a common wall. A warning tag is not required if the enclosures withstand a static pressure of twice the maximum value observed in the explosion tests.</P> <P>(2) [Reserved]</P> <P>(d) After MSHA has determined that non-MSHA product safety standards are equivalent and has notified the <PRTPAGE P="20"/>public of such determinations, applicants may seek MSHA product approval based on such non-MSHA product safety standards.</P> <CITA>[68 FR 36418, June 17, 2003, as amended at 71 FR 28583, May 17, 2006]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Brattice Cloth and Ventilation Tubing</HD> <SECTION> <SECTNO>§ 7.21</SECTNO> <SUBJECT>Purpose and effective date.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 7.22</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The following definitions apply in this subpart:</P> <P> <E T="03">Brattice cloth.</E> A curtain of jute, plastic, or similar material used to control or direct ventilating air.</P> <P> <E T="03">Denier.</E> 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.</P> <P> <E T="03">Film.</E> A sheet of flexible material applied to a scrim by pressure, temperature, adhesion, or other method.</P> <P> <E T="03">Scrim.</E> A substrate material of plastic or fabric laminated between or coated with a film.</P> <P> <E T="03">Ventilation tubing.</E> Rigid or flexible tubing used to convey ventilating air.</P> </SECTION> <SECTION> <SECTNO>§ 7.23</SECTNO> <SUBJECT>Application requirements.</SUBJECT> <P>(a) <E T="03">Brattice cloth.</E> 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:</P> <P>(1) Trade name.</P> <P>(2) Product designations (for example, style and code number).</P> <P>(3) Color.</P> <P>(4) Type of brattice (for example, plastic or jute).</P> <P>(5) Weight of finished product.</P> <P>(6) Film: type, weight, thickness, supplier, supplier's stock number or designation, and percent of finished product by weight.</P> <P>(7) Scrim: Type, denier, weight, weave, the supplier, supplier's stock number or designation, and percent of finished product by weight.</P> <P>(8) Adhesive: type, supplier, supplier's stock number or designation, and percent of finished product by weight.</P> <P>(b) <E T="03">Flexible ventilation tubing.</E> 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.</P> <P>(c) <E T="03">Rigid ventilation tubing.</E> 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:</P> <P>(1) Trade name.</P> <P>(2) Product designations (for example, style and code numbers).</P> <P>(3) Color.</P> <P>(4) Type of ventilation tubing (for example, fiberglass, plastic, or polyethylene).</P> <P>(5) Inside diameter, configuration, and average wall thickness.</P> <P>(6) Suspension system (for example, metal hooks).</P> <P>(7) Base material: type, supplier, the supplier's stock number, and percent of finished product by weight.</P> <P>(8) Resin: type, supplier, the supplier's stock number, and percent of finished product by weight.</P> <P>(9) Flame retardant, if added during manufacturing: type, supplier, the supplier's stock number, and percent of finished product by weight.</P> <CITA>[53 FR 23500, June 22, 1988, as amended at 60 FR 33722, June 29, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 7.24</SECTNO> <SUBJECT>Technical requirements.</SUBJECT> <P>(a) Brattice cloth shall be flame resistant when tested in accordance with the flame resistance test in § 7.27.</P> <P>(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.<PRTPAGE P="21"/> </P> <P>(c) Rigid ventilation tubing shall be flame resistant when tested in accordance with the flame resistance test in § 7.28.</P> </SECTION> <SECTION> <SECTNO>§ 7.25</SECTNO> <SUBJECT>Critical characteristics.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 7.26</SECTNO> <SUBJECT>Flame test apparatus.</SUBJECT> <P>The principal parts of the apparatus used to test for flame-resistance of brattice cloth and ventilation tubing shall be constructed as follows:</P> <P>(a) A 16-gauge stainless steel gallery lined on the top, bottom and both sides with <FR>1/2</FR> inch thick Marinite or equivalent insulating material yielding inside dimensions approximately 58 inches long, 41 inches high, and 30 inches wide;</P> <P>(b) Two <FR>3/8</FR>-inch diameter steel J hooks and a <FR>9/16</FR>-inch diameter steel rod to support the sample located approximately 2<FR>3/16</FR>-inches from the front and back ends of the test gallery, 1<FR>1/2</FR>-inches from the ceiling insulation and centrally located in the gallery along its length. Samples shall be suspended to preclude folds or wrinkles;</P> <P>(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;</P> <P>(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;</P> <P>(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<FR>3/8</FR>-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.</P> </SECTION> <SECTION> <SECTNO>§ 7.27</SECTNO> <SUBJECT>Test for flame resistance of brattice cloth.</SUBJECT> <P>(a) <E T="03">Test procedures.</E> (1) Prepare 6 samples of brattice cloth 40 inches wide by 48 inches long.</P> <P>(2) Prior to testing, condition each sample for a minimum of 24 hours at a temperature of 70 ±10 °F (21 ±5.5 °C) and a relative humidity of 55 ±10%.</P> <P>(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.</P> <P>(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.</P> <P>(5) Set the methane-fueled impinged jet burner to yield a flame height of 12 inches as measured at the outermost tip of the flame.</P> <P>(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.</P> <P>(7) Test 3 samples in still air and 3 samples with an average of 125 ft./min. of air flowing past the sample.</P> <P>(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. <PRTPAGE P="22"/>Should the burning time of a suspended specimen and a specimen on the floor coincide, count the coinciding burning time only once.</P> <P>(9) Calculate the average duration of burning for the first 3 samples (still air) and the second 3 samples (125 ft./min. air flow).</P> <P>(b) <E T="03">Acceptable performance.</E> The brattice cloth shall meet each of the following criteria:</P> <P>(1) Flame propagation of less than 4 feet in each of the six tests.</P> <P>(2) An average duration of burning of less than 1 minute in both groups of three tests.</P> <P>(3) A duration of burning not exceeding two minutes in each of the six tests.</P> <CITA>[53 FR 23500, June 22, 1988, as amended at 60 FR 33723, June 29, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 7.28</SECTNO> <SUBJECT>Test for flame resistance of rigid ventilation tubing.</SUBJECT> <P>(a) <E T="03">Test procedures.</E> (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.</P> <P>(2) For each test, suspend the sample in the center of the gallery by running a wire through the 48-inch length of tubing.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(6) Test 3 samples in still air and 3 samples with an average of 125 ft./min. of air flowing past the sample.</P> <P>(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.</P> <P>(8) Calculate the average duration of burning for the first 3 samples (still air) and the second 3 samples (125 ft./min. air flow).</P> <P>(b) <E T="03">Acceptable performance.</E> The ventilation tubing shall meet each of the following criteria:</P> <P>(1) Flame propagation of less than 4 feet in each of the 6 tests.</P> <P>(2) An average duration of burning of less than 1 minute in both groups of 3 tests.</P> <P>(3) A duration of burning not exceeding 2 minutes in each of the 6 tests.</P> <CITA>[53 FR 23500, June 22, 1988, as amended at 60 FR 33723, June 29, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 7.29</SECTNO> <SUBJECT>Approval marking.</SUBJECT> <P>(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.</P> <P>(b) Approved ventilation tubing shall be legibly and permanently marked on each section with the assigned MSHA approval number.</P> <P>(c) An approved product shall be marketed only under a brand or trade name that has been furnished to MSHA.</P> </SECTION> <SECTION> <SECTNO>§ 7.30</SECTNO> <SUBJECT>Post-approval product audit.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <PRTPAGE P="23"/> <SECTNO>§ 7.31</SECTNO> <SUBJECT>New technology.</SUBJECT> <P>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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Battery Assemblies</HD> <SECTION> <SECTNO>§ 7.41</SECTNO> <SUBJECT>Purpose and effective date.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 7.42</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The following definitions apply in this subpart:</P> <P> <E T="03">Battery assembly.</E> A unit or units consisting of cells and their electrical connections, assembled in a battery box or boxes with covers.</P> <P> <E T="03">Battery box.</E> The exterior sides, bottom, and connector receptacle compartment, if any, of a battery assembly, excluding internal partitions.</P> </SECTION> <SECTION> <SECTNO>§ 7.43</SECTNO> <SUBJECT>Application requirements.</SUBJECT> <P>(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:</P> <P>(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.</P> <P>(2) Composition and thicknesses of the battery box and cover.</P> <P>(3) Provision for securing covers.</P> <P>(4) Documentation of flame-resistance of insulating materials and cables.</P> <P>(5) Number, type, and rating of the battery cells.</P> <P>(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.</P> <P>(7) Total weight of the battery, charged and ready for service.</P> <P>(8) Documentation of materials and configurations for battery cells, intercell connectors, filler caps, and battery top:</P> <P>(i) If nonmetallic cover designs are used with cover support blocks; or</P> <P>(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 § 7.46.</P> <P>(b) All drawings shall be titled, dated, numbered, and include the latest revision number.</P> <CITA>[53 FR 23500, June 22, 1988, as amended at 60 FR 33723, June 29, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 7.44</SECTNO> <SUBJECT>Technical requirements.</SUBJECT> <P>(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:</P> <GPOTABLE CDEF="s10,r10" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Weight of battery unit</CHED> <CHED H="1">Minimum required thickness</CHED> </BOXHD> <ROW> <ENT I="01">1,000 lbs. maximum</ENT> <ENT>10 gauge or <FR>1/8</FR>″ nominal</ENT> </ROW> <ROW> <ENT I="01">1,001 to 2,000 lbs</ENT> <ENT>7 gauge or <FR>3/16</FR>″ nominal</ENT> </ROW> <ROW> <ENT I="01">2,001 to 4,500 lbs</ENT> <ENT>3 gauge or <FR>1/4</FR>″ nominal</ENT> </ROW> <ROW> <ENT I="01">Over 4,500 lbs</ENT> <ENT>0 gauge or <FR>5/16</FR>″ nominal</ENT> </ROW> </GPOTABLE> <P>(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.</P> <P>(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 § 7.46. Nonmetallic covers shall be used only in the battery assembly configuration in which they pass the impact test.</P> <P>(4) Nonmetallic materials for boxes and covers shall—</P> <P>(i) Be accepted by MSHA as flame-resistant material under part 18 of this chapter; and</P> <P>(ii) Meet the acceptable performance criteria for the deflection temperature test in § 7.47.<PRTPAGE P="24"/> </P> <P>(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.</P> <P>(c) Battery box and cover insulating material shall meet the acceptable performance criteria for the acid resistance test in § 7.48.</P> <P>(d) Covers shall be lined with insulating material permanently attached to the underside of the cover, unless the cover is constructed of insulating material.</P> <P>(e) Covers, including those used over connector receptacle housings, shall be provided with a means of securing them in a closed position.</P> <P>(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:</P> <GPH DEEP="24" SPAN="1"> <GID>EC15NO91.011</GID> </GPH> <EXTRACT> <FP SOURCE="FP-1">N = Number of cells in battery box.</FP> <FP SOURCE="FP-1">R = Rated 6 hour battery capacity in ampere hours.</FP> <FP SOURCE="FP-1">M = Total minimum ventilation area in square inches per battery box.</FP> </EXTRACT> <P>(g) Battery boxes shall have drainage holes to prevent accumulation of water or electrolyte.</P> <P>(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.</P> <P>(i) Cell terminals shall be burned on, except that bolted connectors using two or more bolts may be used on end terminals.</P> <P>(j) Battery connections shall be designed so that total battery potential is not available between adjacent cells.</P> <P>(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.</P> <P>(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.</P> <P>(m) At least a <FR>1/2</FR>-inch air space shall be provided between the underside of the battery cover and the top of the battery, including the terminals and connectors.</P> <CITA>[53 FR 23500, June 22, 1988, as amended at 57 FR 61220, Dec. 23, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 7.45</SECTNO> <SUBJECT>Critical characteristics</SUBJECT> <P>The following critical characteristics shall be inspected or tested on each battery assembly to which an approval marking is affixed:</P> <P>(a) Thickness of covers and boxes.</P> <P>(b) Application and resistance of insulating material.</P> <P>(c) Size and location of ventilation openings.</P> <P>(d) Method of cell terminations.</P> <P>(e) Strain relief devices for cables leaving boxes.</P> <P>(f) Type, location, and physical protection of cables.</P> </SECTION> <SECTION> <SECTNO>§ 7.46</SECTNO> <SUBJECT>Impact test.</SUBJECT> <P>(a) <E T="03">Test procedures.</E> (1) Prepare four covers for testing by conditioning two covers at −13 °F (−25 °C) and two covers at 122 °F (50 °C) for a period of 48 hours.</P> <P>(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 °F -80 °F (18.3 °C-26.7 °C), apply a dynamic force of 200 ft. lbs. to the following areas using a hemispherical weight with a 6″ maximum radius:</P> <P>(i) The center of the two largest unsupported areas;</P> <P>(ii) The areas above at least two support blocks, if used;<PRTPAGE P="25"/> </P> <P>(iii) The areas above at least two intercell connectors, one cell, and one filler cap; and</P> <P>(iv) Areas on at least two corners. If the design consists of both inside and outside corners, test one of each.</P> <P>(3) Record the condition of the covers, supports, intercell connectors, filler caps, cell covers, and filler material.</P> <P>(b) <E T="03">Acceptable performance.</E> Impact tests of any of the four covers shall not result in any of the following:</P> <P>(1) Bent intercell connectors.</P> <P>(2) Cracked or broken filler caps, except plastic tabs which extend from the body of the filler caps.</P> <P>(3) Cracks in the cell cover, cells, or filler material.</P> <P>(4) Cracked or bent supports.</P> <P>(5) Cracked or splintered battery covers.</P> <CITA>[53 FR 23500, June 22, 1988, as amended at 60 FR 33723, June 29, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 7.47</SECTNO> <SUBJECT>Deflection temperature test.</SUBJECT> <P>(a) <E T="03">Test procedures.</E> (1) Prepare two samples for testing that measure 5 inches by <FR>1/2</FR> inch, by the thickness of the material as it will be used. Prior to testing, condition the samples at 73.4 ± 3.6 °F (23 ±2 °C) and 50 ±5% relative humidity for at least 40 hours.</P> <P>(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 °F−80 °F (18.3 °C−26.7 °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.</P> <P>(3) Place a temperature measuring device with an accuracy of 1% into the heat transfer medium within <FR>1/8</FR> inch of, but not touching, the sample.</P> <P>(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 <FR>1/8</FR> inch radius, rounded contact. The total load includes that weight used to apply the load and any force exerted by the deflection measurement device.</P> <P>(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 °F/min. (2 ±0.2 °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.</P> <P>(6) Record the deflection of the sample due to heating at 180 °F (82 °C).</P> <P>(7) Repeat steps 2 through 6 for the other sample.</P> <P>(b) <E T="03">Acceptable performance.</E> Neither sample shall have a deflection greater than .010 inch at 180 °F (82 °C).</P> <CITA>[53 FR 23500, June 22, 1988; 53 FR 25569, July 7, 1988; 60 FR 33723, June 29, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 7.48</SECTNO> <SUBJECT>Acid resistance test.</SUBJECT> <P>(a) <E T="03">Test procedures.</E> (1) Prepare one sample each of the insulated surfaces of the battery box and of the cover that measure at least 4 inches by 8 inches, by the thickness of the sample which includes the insulation plus the battery cover or box material. The insulation thickness shall be representative of that used on the battery box and cover. If the insulation material and thickness of material are identical for the battery box and cover, only one sample need be prepared and tested.</P> <P>(2) Prepare a 30 percent solution of sulfuric acid (H<E T="52">2</E> SO<E T="52">4</E>) by mixing 853 ml of water with 199 ml of sulfuric acid (H<E T="52">2</E> SO<E T="52">4</E>) with a specific gravity of 1.84. Completely cover the samples with the acid solution at the test temperature range of 65 °F−80 °F (18.3 °C−26.7 °C) and maintain these conditions for 7 days.</P> <P>(3) After 7 days, record the condition of the samples.</P> <P>(b) <E T="03">Acceptable performance.</E> At the end of the test, the insulation shall not exhibit any blistering, discoloration, cracking, swelling, tackiness, rubberiness, or loss of bond.</P> <CITA>[53 FR 23500, June 22, 1988, as amended at 60 FR 33723, June 29, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 7.49</SECTNO> <SUBJECT>Approval marking.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <PRTPAGE P="26"/> <SECTNO>§ 7.50</SECTNO> <SUBJECT>Post-approval product audit.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 7.51</SECTNO> <SUBJECT>Approval checklist.</SUBJECT> <P>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.</P> <CITA>[53 FR 23500, June 22, 1988, as amended at 60 FR 33723, June 29, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 7.52</SECTNO> <SUBJECT>New technology.</SUBJECT> <P>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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Multiple-Shot Blasting Units</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>54 FR 48210, Nov. 21, 1989, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 7.61</SECTNO> <SUBJECT>Purpose and effective date.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 7.62</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The following definitions apply in this subpart:</P> <P> <E T="03">Blasting circuit.</E> 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.</P> <P> <E T="03">Blasting unit.</E> An electric device used to initiate electric detonators.</P> <P> <E T="03">Normal operation.</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 7.63</SECTNO> <SUBJECT>Application requirements.</SUBJECT> <P>(a) Each application for approval of a blasting unit shall include the following:</P> <P>(1) An overall assembly drawing showing the physical construction of the blasting unit.</P> <P>(2) A schematic diagram of the electric circuit.</P> <P>(3) A parts list specifying each electric component and its electrical ratings, including tolerances.</P> <P>(4) A layout drawing showing the location of each component and wiring.</P> <P>(5) The model number or other manufacturer's designation of the blasting unit.</P> <P>(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.</P> <P>(c) The application shall contain a list of all the drawings submitted, including drawing titles, numbers, and revisions.</P> <P>(d) A detailed technical description of the operation and use of the blasting unit shall be submitted with the application.</P> <CITA>[54 FR 48210, Nov. 21, 1989, as amended at 60 FR 33723, June 29, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 7.64</SECTNO> <SUBJECT>Technical requirements.</SUBJECT> <P>(a) <E T="03">Energy output.</E> Blasting units shall meet the acceptable performance criteria of the output energy test in § 7.66.</P> <P>(b) <E T="03">Maximum blasting circuit resistance.</E> 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.</P> <P>(c) <E T="03">Visual indicator.</E> 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.</P> <P>(d) <E T="03">Firing switch.</E> The switch used to initiate the application of energy to the blasting circuit shall—</P> <P>(1) Require deliberate action for its operation to prevent accidental firing; and<PRTPAGE P="27"/> </P> <P>(2) Operate only when the voltage necessary to produce the required firing current is available to the blasting circuit.</P> <P>(e) <E T="03">Firing line terminals.</E> The terminals used to connect the blasting circuit to the blasting unit shall—</P> <P>(1) Provide a secure, low-resistance connection to the blasting circuit as demonstrated by the firing line terminals test in § 7.68;</P> <P>(2) Be corrosion-resistant;</P> <P>(3) Be insulated to protect the user from electrical shock; and</P> <P>(4) Be separated from each other by an insulated barrier.</P> <P>(f) <E T="03">Ratings of electric components.</E> 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.</P> <P>(g) <E T="03">Non-incendive electric contacts.</E> 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:</P> <P>(1) The electric current through an electric contact shall not be greater than that determined from Figure D-1.</P> <P>(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.</P> <P>(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.</P> <GPH DEEP="464" SPAN="2"> <PRTPAGE P="28"/> <GID>EC22OC91.001</GID> </GPH> <GPH DEEP="470" SPAN="2"> <PRTPAGE P="29"/> <GID>EC22OC91.002</GID> </GPH> <GPH DEEP="470" SPAN="2"> <PRTPAGE P="30"/> <GID>EC22OC91.003</GID> </GPH> <P>(h) <E T="03">Maximum temperature.</E> In the normal operation of the blasting unit, the maximum temperature of any electric component shall not exceed 302 °F (150 °C).</P> <P>(i) <E T="03">Capacitor discharge.</E> The blasting unit shall include an automatic means <PRTPAGE P="31"/>to dissipate any electric charge remaining in any capacitor after the blasting unit is deenergized and not in use.</P> <P>(j) <E T="03">Construction.</E> Blasting units shall meet the acceptable performance criteria of the construction test of § 7.67.</P> <P>(k) <E T="03">Locking device.</E> The blasting unit shall be equipped with a locking device to prevent unauthorized use.</P> <P>(l) <E T="03">Enclosure.</E> The blasting unit enclosure shall be protected against tampering by—</P> <P>(1) Sealing the enclosure, except the battery compartment, using continuous welding, brazing, soldering, or equivalent methods; or</P> <P>(2) Sealing the electric components, other than batteries, in a solidified insulating material and assembling the enclosure with tamper-resistant hardware.</P> <P>(m) <E T="03">Battery charging.</E> Blasting units that contain rechargeable batteries shall have the following:</P> <P>(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.</P> <P>(2) The charging connector recessed into the enclosure.</P> </SECTION> <SECTION> <SECTNO>§ 7.65</SECTNO> <SUBJECT>Critical characteristics.</SUBJECT> <P>The following critical characteristics shall be inspected or tested on each blasting unit to which an approval marking is affixed:</P> <P>(a) The output current.</P> <P>(b) The voltage cut-off time.</P> <P>(c) The components that control voltage and current through each making and breaking electric contact.</P> <P>(d) Operation of the visual indicator and the firing switch.</P> </SECTION> <SECTION> <SECTNO>§ 7.66</SECTNO> <SUBJECT>Output energy test.</SUBJECT> <P>(a) <E T="03">Test procedures.</E> The blasting unit shall be tested by firing into each of the following resistive loads, within a tolerance of ±1%:</P> <P>(1) The maximum blasting circuit resistance.</P> <P>(2) Any resistive load between 3 ohms and the maximum blasting circuit resistance.</P> <P>(3) One ohm.</P> <P>(b) <E T="03">Acceptable performance.</E> (1) The voltage shall be zero at the firing line terminals 10 milliseconds after operation of the firing switch.</P> <P>(2) The electric current from the blasting unit shall be:</P> <P>(i) Less than 50 milliamperes except during firing of the blasting unit.</P> <P>(ii) Available only through the firing line terminals.</P> <P>(iii) At least an average of 2 amperes during the first 5 milliseconds following operation of the firing switch.</P> <P>(iv) Not exceed an average of 100 amperes during the first 10 milliseconds following operation of the firing switch.</P> </SECTION> <SECTION> <SECTNO>§ 7.67</SECTNO> <SUBJECT>Construction test.</SUBJECT> <P>The constuction test is to be performed on the blasting unit subsequent to the output energy test of § 7.66.</P> <P>(a) <E T="03">Test procedures.</E> (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.</P> <P>(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 °F (±2.8 °C) of 40 °F (4.4 °C), 70 °F (21.1 °C) and 100 °F (37.8 °C) during the tests.</P> <P>(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 § 7.66.</P> <P>(b) <E T="03">Acceptable performance.</E> (1) The blasting unit shall meet the acceptable performance criteria of the output energy test in § 7.66 each time it is performed.</P> <P>(2) There shall be no damage to the firing line terminals that exposes an electric conductor.</P> <P>(3) The visual indicator shall be operational.</P> <P>(4) The batteries shall not be separated from the blasting unit.<PRTPAGE P="32"/> </P> <P>(5) There shall be no water inside the blasting unit enclosure, except for the battery compartment.</P> </SECTION> <SECTION> <SECTNO>§ 7.68</SECTNO> <SUBJECT>Firing line terminals test.</SUBJECT> <P>(a) <E T="03">Test procedures.</E> (1) The contact resistance through each firing line terminal shall be determined.</P> <P>(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.</P> <P>(b) <E T="03">Acceptable performance.</E> (1) The contact resistance shall not be greater than 1 ohm.</P> <P>(2) The No. 18 gauge wire shall not become disconnected from either firing line terminal.</P> </SECTION> <SECTION> <SECTNO>§ 7.69</SECTNO> <SUBJECT>Approval marking.</SUBJECT> <P>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:</P> <P>(a) The assigned MSHA approval number.</P> <P>(b) The maximum blasting circuit resistance.</P> <P>(c) A warning that the unit's components must not be disassembled or removed.</P> <P>(d) The replacement battery types if the unit has replaceable batteries.</P> <P>(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.</P> <P>(f) A warning that the unit is compatible only with detonators that will—</P> <P>(1) Fire when an average of 1.5 amperes is applied for 5 milliseconds;</P> <P>(2) Not misfire when up to an average 100 amperes is applied for 10 milliseconds; and</P> <P>(3) Not fire when a current of 250 milliamperes or less is applied.</P> </SECTION> <SECTION> <SECTNO>§ 7.70</SECTNO> <SUBJECT>Post-approval product audit.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 7.71</SECTNO> <SUBJECT>Approval checklist.</SUBJECT> <P>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.</P> <CITA>[54 FR 48210, Nov. 21, 1989, as amended at 60 FR 33723, June 29, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 7.72</SECTNO> <SUBJECT>New technology.</SUBJECT> <P>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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Diesel Engines Intended for Use in Underground Coal Mines</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>61 FR 55504, Oct. 25, 1996, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 7.81</SECTNO> <SUBJECT>Purpose and effective date.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 7.82</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>In addition to subpart A definitions of this part, the following definitions apply in this subpart.</P> <P> <E T="03">Brake Power.</E> 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.</P> <P> <E T="03">Category A engines.</E> Diesel engines intended for use in areas of underground coal mines where permissible electric equipment is required.</P> <P> <E T="03">Category B engines.</E> Diesel engines intended for use in areas of underground coal mines where nonpermissible electric equipment is allowed.<PRTPAGE P="33"/> </P> <P> <E T="03">Corrosion-resistant material.</E> Material that has at least the corrosion-resistant properties of type 304 stainless steel.</P> <P> <E T="03">Diesel engine.</E> Any compression ignition internal combustion engine using the basic diesel cycle where combustion results from the spraying of fuel into air heated by compression.</P> <P> <E T="03">Exhaust emission.</E> Any substance emitted to the atmosphere from the exhaust port of the combustion chamber of a diesel engine.</P> <P> <E T="03">Intermediate speed.</E> 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.</P> <P> <E T="03">Low idle speed.</E> The minimum no load speed as specified by the engine manufacturer.</P> <P> <E T="03">Maximum torque speed.</E> The speed at which an engine develops maximum torque.</P> <P> <E T="03">Operational range.</E> 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.</P> <P> <E T="03">Particulates.</E> 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 °F (52 °C), as measured at a point immediately upstream of the primary filter. This is primarily carbon, condensed hydrocarbons, sulfates, and associated water.</P> <P> <E T="03">Percent load.</E> The fraction of the maximum available torque at an engine speed.</P> <P> <E T="03">Rated horsepower.</E> 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.</P> <P> <E T="03">Rated speed.</E> Speed at which the rated power is delivered, as specified by the engine manufacturer.</P> <P> <E T="03">Steady-state condition.</E> Diesel engine operating condition which is at a constant speed and load and at stabilized temperatures and pressures.</P> <P> <E T="03">Total oxides of nitrogen.</E> The sum total of the measured parts per millions (ppm) of nitric oxide (NO) plus the measured ppm of nitrogen dioxide (NO<E T="52">2</E>).</P> </SECTION> <SECTION> <SECTNO>§ 7.83</SECTNO> <SUBJECT>Application requirements.</SUBJECT> <P>(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.</P> <P>(b) The application shall include the following engine specifications—</P> <P>(1) Model number;</P> <P>(2) Number of cylinders, cylinder bore diameter, piston stroke, engine displacement;</P> <P>(3) Maximum recommended air inlet restriction and exhaust backpressure;</P> <P>(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;</P> <P>(5) Fuel consumption at rated horsepower(s) and at the maximum rated torque;</P> <P>(6) Fuel injection timing; and</P> <P>(7) Performance specifications of turbocharger, if applicable.</P> <P>(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—</P> <P>(1) Cylinder head;</P> <P>(2) Piston;</P> <P>(3) Inlet valve;</P> <P>(4) Exhaust valve;</P> <P>(5) Cam shaft—profile;</P> <P>(6) Fuel cam shaft, if applicable;</P> <P>(7) Injector body;</P> <P>(8) Injector nozzle;</P> <P>(9) Injection fuel pump;</P> <P>(10) Governor;</P> <P>(11) Turbocharger, if applicable;</P> <P>(12) Aftercooler, if applicable;</P> <P>(13) Valve guide;<PRTPAGE P="34"/> </P> <P>(14) Cylinder head gasket; and</P> <P>(15) Precombustion chamber, if applicable.</P> <P>(d) The application shall include a drawing showing the general arrangement of the engine.</P> <P>(e) All drawings shall be titled, dated, numbered, and include the latest revision number.</P> <P>(f) When all necessary testing has been completed, the following information shall be submitted:</P> <P>(1) The gaseous ventilation rate for the rated speed and horsepower.</P> <P>(2) The particulate index for the rated speed and horsepower.</P> <P>(3) A fuel deration chart for altitudes for each rated speed and horsepower.</P> </SECTION> <SECTION> <SECTNO>§ 7.84</SECTNO> <SUBJECT>Technical requirements.</SUBJECT> <P>(a) <E T="03">Fuel injection adjustment.</E> 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.</P> <P>(b) <E T="03">Maximum fuel-air ratio.</E> At the maximum fuel-air ratio determined by § 7.87 of this part, the concentrations (by volume, dry basis) of carbon monoxide (CO) and oxides of nitrogen (NO<E T="52">X</E>) in the undiluted exhaust gas shall not exceed the following:</P> <P>(1) There shall be no more than 0.30 percent CO and no more than 0.20 percent NO<E T="52">X</E> for category A engines.</P> <P>(2) There shall be no more than 0.25 percent CO and no more than 0.20 percent NO<E T="52">X</E> for category B engines.</P> <P>(c) <E T="03">Gaseous emissions ventilation rate.</E> Ventilation rates necessary to dilute gaseous exhaust emissions to the following values shall be determined under § 7.88 of this part:</P> <GPOTABLE CDEF="s25,xs60" COLS="2" OPTS="L0,7/8,g1,t1,i1"> <ROW> <ENT I="01">Carbon dioxide</ENT> <ENT>−5000 ppm</ENT> </ROW> <ROW> <ENT I="01">Carbon monoxide</ENT> <ENT>−50 ppm</ENT> </ROW> <ROW> <ENT I="01">Nitric oxide</ENT> <ENT>−25 ppm</ENT> </ROW> <ROW> <ENT I="01">Nitrogen dioxide</ENT> <ENT>−5 ppm</ENT> </ROW> </GPOTABLE> <FP>A gaseous ventilation rate shall be determined for each requested speed and horsepower rating as described in § 7.88(b) of this part.</FP> <P>(d) <E T="03">Fuel deration.</E> 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.</P> <P>(e) <E T="03">Particulate index.</E> For each rated speed and horsepower requested, the particulate index necessary to dilute the exhaust particulate emissions to 1 mg/m<SU>3</SU> shall be determined under § 7.89 of this part.</P> </SECTION> <SECTION> <SECTNO>§ 7.85</SECTNO> <SUBJECT>Critical characteristics.</SUBJECT> <P>The following critical characteristics shall be inspected or tested on each diesel engine to which an approval marking is affixed—</P> <P>(a) Fuel rate is set properly; and</P> <P>(b) Fuel injection pump adjustment is sealed, if applicable.</P> </SECTION> <SECTION> <SECTNO>§ 7.86</SECTNO> <SUBJECT>Test equipment and specifications.</SUBJECT> <P>(a) Dynamometer test cell shall be used in determining the maximum f/a ratio, gaseous ventilation rates, and the particulate index.</P> <P>(1) The following testing devices shall be provided:</P> <P>(i) An apparatus for measuring torque that provides an accuracy of ±2.0 percent based on the engine's maximum value;</P> <P>(ii) An apparatus for measuring revolutions per minute (rpm) that provides an accuracy of ±2.0 percent based on the engine's maximum value;</P> <P>(iii) An apparatus for measuring temperature that provides an accuracy of ±4 °F (2 °C) of the absolute value except for the exhaust gas temperature device that provides an accuracy of ±27 °F (15 °C);</P> <P>(iv) An apparatus for measuring intake and exhaust restriction pressures that provides an accuracy of ±5 percent of maximum;</P> <P>(v) An apparatus for measuring atmospheric pressure that provides an accuracy of ±0.5 percent of reading;</P> <P>(vi) An apparatus for measuring fuel flow that provides an accuracy of ±2 percent based on the engine's maximum value;</P> <P>(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</P> <P>(viii) For testing category A engines, an apparatus for metering in 1.0 ±0.1 <PRTPAGE P="35"/>percent, by volume, of methane (CH<E T="52">4</E>) into the intake air system shall be provided.</P> <P>(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.</P> <GPOTABLE CDEF="s70,xl6,12L" COLS="3" OPTS="L2"> <TTITLE>Table E-1—Diesel Test Fuel Specifications</TTITLE> <BOXHD> <CHED H="1">Item</CHED> <CHED H="1">ASTM</CHED> <CHED H="1">Type 2-D</CHED> </BOXHD> <ROW> <ENT I="01">Cetane number</ENT> <ENT>D613</ENT> <ENT>40-48</ENT> </ROW> <ROW> <ENT I="01">Cetane index</ENT> <ENT>D976</ENT> <ENT>40-48</ENT> </ROW> <ROW> <ENT I="11">Distillation range:</ENT> </ROW> <ROW> <ENT I="03">IBP °F</ENT> <ENT>D86</ENT> <ENT>340-400</ENT> </ROW> <ROW> <ENT I="05">(°C)</ENT> <ENT/> <ENT>(171.1-204.4)</ENT> </ROW> <ROW> <ENT I="03">10 pct. point, °F</ENT> <ENT>D86</ENT> <ENT>400-460</ENT> </ROW> <ROW> <ENT I="05">(°C)</ENT> <ENT/> <ENT>(204.4-237.8)</ENT> </ROW> <ROW> <ENT I="03">50 pct. point, °F</ENT> <ENT>D86</ENT> <ENT>470.540</ENT> </ROW> <ROW> <ENT I="05">(°C)</ENT> <ENT/> <ENT>(243.3-282.2)</ENT> </ROW> <ROW> <ENT I="03">90 pct. point, °F</ENT> <ENT>D86</ENT> <ENT>560-630</ENT> </ROW> <ROW> <ENT I="05">(°C)</ENT> <ENT/> <ENT>(293.3-332.2)</ENT> </ROW> <ROW> <ENT I="03">EP, °F</ENT> <ENT>D86</ENT> <ENT>610-690</ENT> </ROW> <ROW> <ENT I="05">(°C)</ENT> <ENT/> <ENT>(321.1-365.6)</ENT> </ROW> <ROW> <ENT I="01">Gravity,°API</ENT> <ENT>D287</ENT> <ENT>32-37</ENT> </ROW> <ROW> <ENT I="01">Total sulfur, pct.</ENT> <ENT>D2622</ENT> <ENT>0.03-0.05</ENT> </ROW> <ROW> <ENT I="11">Hydrocarbon composition:</ENT> </ROW> <ROW> <ENT I="03">Aromatics, pct.</ENT> <ENT>D1319</ENT> <ENT>27 minimum</ENT> </ROW> <ROW> <ENT I="03">Paraffins, naphthenes, olefins</ENT> <ENT>D1319</ENT> <ENT>Remainder</ENT> </ROW> <ROW> <ENT I="01">Flashpoint, minimum, °F</ENT> <ENT>93</ENT> <ENT>130</ENT> </ROW> <ROW> <ENT I="03">(°C)</ENT> <ENT/> <ENT>(54.4)</ENT> </ROW> <ROW> <ENT I="01">Viscosity, centistokes</ENT> <ENT>445</ENT> <ENT>2.0-3.2</ENT> </ROW> </GPOTABLE> <P>(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.</P> <P>(4) The engine coolant temperature (if applicable) shall be maintained at normal operating temperatures as specified by the engine manufacturer.</P> <P>(5) The charge air temperature and cooler pressure drop (if applicable) shall be set to within ±7 °F(4 °C) and ±0.59 inches Hg (2kPa) respectively, of the manufacturer's specification.</P> <P>(b) Gaseous emission sampling system shall be used in determining the gaseous ventilation rates.</P> <P>(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—</P> <P>(i) Filters—F1, F2, F3, and F4;</P> <P>(ii) Flowmeters—FL1, FL2, FL3, FL4, FL5, FL6, and FL7;</P> <P>(iii) Upstream Gauges—G1, G2, and G5;</P> <P>(iv) Downstream Gauges—G3, G4, and G6;</P> <P>(v) Pressure Gauges—P1, P2, P3, P4, P5, and P6;</P> <P>(vi) Regulators—R1, R2, R3, R4, R5, R6, and R7;</P> <P>(vii) Selector Valves—V1, V2, V3, V4, V6, V7, V8, V15, and V19;</P> <P>(viii) Heated Selector Valves—V5, V13, V16, and V17;</P> <P>(ix) Flow Control Valves—V9, V10, V11 and V12;</P> <P>(x) Heated Flow Control Valves—V14 and V18;</P> <P>(xi) Pump—Sample Transfer Pump;</P> <P>(xii) Temperature Sensor—(T1);</P> <P>(xiii) Dryer—D1 and D2; and</P> <P>(xiv) Water traps—WT1 and WT2.</P> <P>(A) Water removal from the sample shall be done by condensation.</P> <P>(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 °F (7 °C).</P> <P>(C) Chemical dryers are not permitted.</P> <GPH DEEP="470" SPAN="2"> <PRTPAGE P="36"/> <GID>ER25oc96.000</GID> </GPH> <P>(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—</P> <P>(i) Filters—F1, F2, F3, and F4;<PRTPAGE P="37"/> </P> <P>(ii) Flowmeters—FL1, FL2, FL3, and FL4;</P> <P>(iii) Upstream Gauges—G1, and G2;</P> <P>(iv) Downstream Gauges—G3, and G4;</P> <P>(v) Pressure Gauges—P1, P2, P3, and P4;</P> <P>(vi) Regulators—R1, R2, R3, and R4;</P> <P>(vii) Selector Valves—V1, V2, V3, V4, V6, and V7;</P> <P>(viii) Heated Selector Valves—V5, V8, and V12;</P> <P>(ix) Flow Control Valves—V9, V10, V11;</P> <P>(x) Heated Flow Control Valves—V13;</P> <P>(xi) Pump—Sample Transfer Pump;</P> <P>(xii) Temperature Sensor—(T1); and</P> <P>(xiii) Water traps—WT1 and WT2.</P> <P>(A) Water removal from the sample shall be done by condensation.</P> <P>(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 °F (7 °C).</P> <P>(C) Chemical dryers are not permitted.</P> <P>(3) All components or parts of components that are in contact with the sample gas or corrosive calibration gases shall be corrosion-resistant material.</P> <GPH DEEP="470" SPAN="2"> <PRTPAGE P="38"/> <GID>ER25OC96.001</GID> </GPH> <P>(4) All analyzers shall obtain the sample to be analyzed from the same sample probe.</P> <P>(5) CO and CO<E T="52">2</E> measurements shall be made on a dry basis.<PRTPAGE P="39"/> </P> <P>(6) Calibration or span gases for the NO<E T="52">X</E> measurement system shall pass through the NO<E T="52">2</E> to NO converter.</P> <P>(7) A stainless steel sample probe shall be straight, closed-end, multi-holed, and shall be placed inside the exhaust pipe.</P> <P>(i) The probe length shall be at least 80 percent of the diameter of the exhaust pipe.</P> <P>(ii) The inside diameter of the sample probe shall not be greater than the inside diameter of the sample line.</P> <P>(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.</P> <P>(iv) The wall thickness of the probe shall not be greater than 0.040 inch (1 mm).</P> <P>(v) There shall be a minimum of 3 holes in 3 different radial planes sized to sample approximately the same flow.</P> <P>(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 °F (70 °C).</P> <P>(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.</P> <P>(10) <E T="03">General analyzer specifications.</E> (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.</P> <P>(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).</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(11) <E T="03">CO and CO</E> <E T="52">2</E> analyzer specifications. (i) Measurements shall be made with nondispersive infrared (NDIR) analyzers.</P> <P>(ii) For the CO analyzer, the water and CO<E T="52">2</E> 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 CO<E T="52">2</E> 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.</P> <P>(12) For NO<E T="52">X</E> analysis using a chemiluminescence (CL) analyzer the following parameters shall apply:</P> <P>(i) From the sample point to the NO<E T="52">2</E> to NO converter, the NO<E T="52">X</E> sample shall be maintained between 131 °F (55 °C) and 392 °F (200 °C).</P> <P>(ii) The NO<E T="52">2</E> to NO converter efficiency shall be at least 90 percent.</P> <P>(iii) The quench interference from CO<E T="52">2</E> and water vapor must be less than 3.0 percent.</P> <P>(13) For NO<E T="52">X</E> analysis using an NDIR analyzer system the following parameters shall apply:</P> <P>(i) The system shall include a NO<E T="52">2</E> to NO converter, a water trap, and a NDIR analyzer.</P> <P>(ii) From the sample point to the NO<E T="52">2</E> to NO converter, the NO<E T="52">X</E> sample shall be maintained between 131 °F (55 °C) and 392 °F (200 °C).</P> <P>(iii) The minimum water rejection ratio (maximum water interference) <PRTPAGE P="40"/>for the NO<E T="52">X</E> NDIR analyzer shall be 5,000:1.</P> <P>(iv) The minimum CO<E T="52">2</E> rejection ratio (maximum CO<E T="52">2</E> interference) for the NO<E T="52">X</E> NDIR analyzer shall be 30,000:1.</P> <P>(14) When CH<E T="52">4</E> is measured using a heated flame ionization detector (HFID) the following shall apply:</P> <P>(i) The analyzer shall be equipped with a constant temperature oven that houses the detector and sample-handling components.</P> <P>(ii) The detector, oven, and sample-handling components shall be suitable for continuous operation at temperatures of 374 °F (190 °C) ±18 °F (10 °C).</P> <P>(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.</P> <P>(iv) The burner air shall contain < 2 ppmC hydrocarbon.</P> <P>(v) The percent of oxygen interference shall be less than 5 percent.</P> <P>(15) An NDIR analyzer for measuring CH<E T="52">4</E> 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.</P> <P>(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.</P> <P>(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.</P> <P>(18) Calibration or span gases for the CO and CO<E T="52">2</E> analyzers shall have purified nitrogen as a diluent. Calibration or span gases for the CH<E T="52">4</E> analyzer shall be CH<E T="52">4</E> with purified synthetic air or purified nitrogen as diluent.</P> <P>(19) Calibration or span gases for the NO<E T="52">X</E> analyzer shall be NO with a maximum NO<E T="52">2</E> concentration of 5 percent of the NO content. Purified nitrogen shall be the diluent.</P> <P>(20) Zero-grade gases for the CO, CO<E T="52">2</E>, CH<E T="52">4</E> , and NO<E T="52">X</E> analyzers shall be either purified synthetic air or purified nitrogen.</P> <P>(21) The allowable zero-grade gas (purified synthetic air or purified nitrogen) impurity concentrations shall not exceed ≤ 1ppm C, ≤ 1 ppm CO, ≤ 400 ppm CO<E T="52">2</E>, and ≤ 0.1 ppm NO.</P> <P>(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.</P> <P>(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.</P> <P>(1) The dilution system shall meet the following parameters:</P> <P>(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.</P> <P>(ii) The total volume of the mixture of exhaust and dilution air shall be measured.</P> <P>(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.</P> <P>(iv) All parts shall be made of electrically conductive materials that do not react with exhaust gas components.</P> <P>(v) All parts shall be electrically grounded to prevent electrostatic effects.</P> <P>(vi) Systems other than full flow systems may also be used provided they yield equivalent results where:</P> <P>(A) A seven sample pair (or larger) correlation study between the system under consideration and a full flow dilution system shall be run concurrently.</P> <P>(B) Correlation testing is to be performed at the same laboratory, test cell, and on the same engine.</P> <P>(C) The equivalency criterion is defined as a ±5 percent agreement of the sample pair averages.</P> <P>(2) The mass of particulate in the exhaust shall be collected by filtration. The exhaust temperature immediately <PRTPAGE P="41"/>before the primary particulate filter shall not exceed 125 °F (52.0 °C).</P> <P>(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.</P> <P>(4) The gas mixture temperature shall be measured at a point immediately ahead of the pump or mass measurement device.</P> <P>(i) Using PDP, the gas mixture temperature shall be maintained within ±10 °F (6.0 °C) of the average operating temperature observed during the test, when no flow compensation is used.</P> <P>(ii) Flow compensation can be used provided that the temperature at the inlet to the PDP does not exceed 122 °F (50 °C).</P> <P>(iii) Using CFV, the gas mixture temperature shall be maintained within ±20 °F (11 °C) of the average operating temperature observed during the test, when no flow compensation is used.</P> <P>(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.</P> <P>(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.</P> <P>(7) The flow capacity of the system shall be large enough to eliminate water condensation.</P> <GPH DEEP="470" SPAN="2"> <PRTPAGE P="42"/> <GID>ER25oc96.002</GID> </GPH> <GPH DEEP="470" SPAN="2"> <PRTPAGE P="43"/> <GID>ER25oc96.003</GID> </GPH> <P>(8) The flow capacity of the PDP or CFV system using single dilution shall maintain the diluted exhaust at 125 °F (52.0 °C) or less immediately before the primary particulate filter.</P> <P>(9) The flow capacity of the PDP or CFV system using a double dilution <PRTPAGE P="44"/>system shall be sufficient to maintain the diluted exhaust in the dilution tunnel at 375 °F (191 °C) or less at the sampling zone.</P> <P>(10) The secondary dilution system shall provide sufficient secondary dilution air to maintain the double-diluted exhaust stream at 125 °F (52.0 °C) or less immediately before the primary particulate filter.</P> <P>(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.</P> <P>(12) The dilution air shall have a temperature of 77 °F ±9 °F (25 °C ±5 °C), and be—</P> <P>(i) Filtered at the air inlet; or</P> <P>(ii) Sampled to determine background particulate levels, which can then be subtracted from the values measured in the exhaust stream.</P> <P>(13) The dilution tunnel shall have the following specifications:</P> <P>(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;</P> <P>(ii) Be at least 3 inches (75 mm) in diameter; and</P> <P>(iii) Be configured to direct the engine exhaust downstream at the point where it is introduced into the dilution tunnel for thorough mixing.</P> <P>(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).</P> <P>(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 °F (400 °C).</P> <P>(ii) To reduce the thermal inertia of the exhaust pipe, the thickness to diameter ratio shall be 0.015 or less.</P> <P>(iii) The use of flexible sections shall be limited to the length to diameter ratio of 12 or less.</P> <P>(15) The particulate sample probe shall—</P> <P>(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</P> <P>(ii) Have 0.5 inches (12 mm) minimum inside diameter.</P> <P>(16) The inlet gas temperature to the particulate sample pump or mass measurement device shall remain a constant temperature of ±5 °F (3.0 °C) if flow compensation is not used.</P> <P>(17) The secondary dilution portion of the double dilution system shall have:</P> <P>(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:</P> <P>(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.</P> <P>(B) An outlet where the transfer tube exits on the centerline of the secondary tunnel and points downstream.</P> <P>(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.</P> <P>(iii) Secondary dilution air supplied at a temperature of 77 °F ±9 °F (25 °C ±5 °C).</P> <P>(iv) A primary filter holder located within 12.0 inches (300 mm) of the exit of the secondary tunnel.</P> <P>(18) The particulate sampling filters shall—</P> <P>(i) Be fluorocarbon-coated glass fiber filters or fluorocarbon-based (membrane) filters and have a 0.3 µm di-octylphthalate (DOP) collection efficiency of at least 95 percent at a gas face velocity between 35 and 80 cm/s.;</P> <P>(ii) Have a minimum diameter of 1.85 inches (47 mm), 1.46 inches (37 mm) stain diameter;</P> <P>(iii) Have a minimum filter loading ratio of 0.5mg/1075 mm <SU>2</SU> stain area for the single filter method.</P> <P>(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 <PRTPAGE P="45"/>multiplied by the square root of eight (8).</P> <P>(v) Be sampled at the same time by a pair of filters in series (one primary and one backup filter) so that:</P> <P>(A) The backup filter holder shall be located no more than 4 inches (100 mm) downstream of the primary filter holder.</P> <P>(B) The primary and backup filters shall not be in contact with each other.</P> <P>(C) The filters may be weighed separately or as a pair with the filters placed stain side to stain side.</P> <P>(D) The single filter method incorporates a bypass system for passing the sample through the filters at the desired time.</P> <P>(vi) Have a pressure drop increase between the beginning and end of the test of no more than 7.4 in Hg (25kPa).</P> <P>(vii) Filters of identical quality shall be used when performing correlation tests specified in paragraph (c)(1)(vi) of this section.</P> <P>(19) <E T="03">Weighing chamber specifications.</E> (i) The temperature of the chamber (room) in which the particulate filters are conditioned and weighed shall be maintained to within 72 °F ±5 °F (22 °C ±3 °C) during all filter conditioning and weighing.</P> <P>(ii) The humidity of the chamber (room) in which the particulate filters are conditioned and weighed shall be maintained to a dewpoint of 49 °F ±5 °F (9.5 °C ±3 °C) and a relative humidity of 45 percent ±8 percent during all filter conditioning and weighing.</P> <P>(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:</P> <P>(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.</P> <P>(B) The reference filters are to be the same size and material as the sample filters.</P> <P>(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.</P> <P>(20) The analytical balance used to determine the weights of all filters shall have a precision (standard deviation) of 20 µg and resolution of 10 µg. For filters less than 70 mm diameter, the precision and resolution shall be 2 µg and 1 µg, respectively.</P> <P>(21) All filters shall be neutralized to eliminate the effects of static electricity prior to weighing.</P> </SECTION> <SECTION> <SECTNO>§ 7.87</SECTNO> <SUBJECT>Test to determine the maximum fuel-air ratio.</SUBJECT> <P>(a) <E T="03">Test procedure.</E> (1) Couple the diesel engine to the dynamometer and connect the sampling and measurement devices specified in § 7.86.</P> <P>(2) Prior to testing, zero and span the CO and NO<E T="52">X</E> analyzers to the lowest analyzer range that will be used during this test.</P> <P>(3) While running the engine, the following shall apply:</P> <P>(i) The parameter for the laboratory atmospheric factor, f<E T="52">a</E>, shall be: 0.98≤f<E T="52">a</E>≤1.02;</P> <P>(A) The equation is f<E T="52">a</E>=(99/P<E T="52">s</E>) * ((T<E T="52">a</E>+273)/298)<SU>0.7</SU> for a naturally aspirated and mechanically supercharged engines; or</P> <P>(B) The equation is f<E T="52">a</E>=(99/P<E T="52">s</E>)<SU>0.7</SU>* ((T<E T="52">a</E>+273)/298)<SU>1.5</SU> for a turbocharged engine with or without cooling of the intake air. </P> <EXTRACT> <FP>Where:</FP> <FP SOURCE="FP-1">P<E T="52">s</E> = dry atmospheric pressure (kPa)</FP> <FP SOURCE="FP-1">T<E T="52">a</E> = intake air temperature (°C)</FP> </EXTRACT> <P>(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.</P> <P>(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 NO<E T="52">X</E> as specified in paragraph (a)(6)of this section.<PRTPAGE P="46"/> </P> <P>(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 NO<E T="52">X</E> as specified in paragraph (a)(6) of this section.</P> <P>(4) The engine shall be at a steady-state condition when the exhaust gas samples are collected and other test data is measured.</P> <P>(5) In a category A engine, 1.0 ±0.1 percent CH<E T="52">4</E> shall be injected into the engine's intake air.</P> <P>(6) Operate the engine at several speed/torque conditions to determine the concentrations of CO and NO<E T="52">X</E>, dry basis, in the raw exhaust.</P> <P>(b) <E T="03">Acceptable performance.</E> The CO and NO<E T="52">X</E> concentrations in the raw exhaust shall not exceed the limits specified in § 7.84(b) throughout the specified operational range of the engine.</P> </SECTION> <SECTION> <SECTNO>§ 7.88</SECTNO> <SUBJECT>Test to determine the gaseous ventilation rate.</SUBJECT> <P>The test shall be performed in the order listed in Table E-2. The test for determination of the particulate index described in § 7.89 may be done simultaneously with this test.</P> <P>(a) <E T="03">Test procedure.</E> (1) Couple the diesel engine to the dynamometer and attach the sampling and measurement devices specified in § 7.86.</P> <P>(2) A minimum time of 10 minutes is required for each test mode.</P> <P>(3) CO, CO<E T="52">2</E>, NO<E T="52">X</E>, and CH<E T="52">4</E> analyzers shall be zeroed and spanned at the analyzer range to be used prior to testing.</P> <P>(4) Run the engine.</P> <P>(i) The parameter for f<E T="52">a</E> shall be calculated in accordance with § 7.87(a)(3).</P> <P>(ii) The air inlet and exhaust backpressure restrictions on the engine shall be set as specified in §§ 7.87(a)(3) (iii) and (iv).</P> <P>(5) The engine shall be at a steady-state condition before starting the test modes.</P> <P>(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.</P> <P>(ii) To evaluate the gaseous emissions, the last 60 seconds of each mode shall be averaged.</P> <P>(iii) A 1.0 ±0.1 percent CH<E T="52">4</E>, by volume, shall be injected into the engine's intake air for category A engines.</P> <P>(iv) The engine speed and torque shall be measured and recorded at each test mode.</P> <P>(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.</P> <P>(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, CO<E T="52">2</E>, NO, and NO<E T="52">2</E>, and CH<E T="52">4</E>- exhaust (category A engines only).</P> <P>(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.</P> <P>(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.</P> <P>(7) The concentration of CH<E T="52">4</E> in the intake air shall be measured for category A engines.</P> <GPOTABLE CDEF="s100,5,5,5,5,5,5,5,5" COLS="9" OPTS="L2(,0,),i1"> <TTITLE>Table E-2—Gaseous Test Modes</TTITLE> <BOXHD> <CHED H="1">Speed</CHED> <CHED H="2">% Torque</CHED> <CHED H="1">Rated speed</CHED> <CHED H="2">100</CHED> <CHED H="2">75</CHED> <CHED H="2">50</CHED> <CHED H="2">10</CHED> <CHED H="1">Intermediate speed</CHED> <CHED H="2">100</CHED> <CHED H="2">75</CHED> <CHED H="2">50</CHED> <CHED H="1">Low-idle speed</CHED> <CHED H="2">0</CHED> </BOXHD> <ROW> <ENT I="22"/> </ROW> </GPOTABLE> <P>(8) After completion of the test modes, the following shall be done:</P> <P>(i) Zero and span the analyzers at the ranges used during the test.<PRTPAGE P="47"/> </P> <P>(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.</P> <P>(9) The gaseous ventilation rate for each exhaust gas contaminant shall be calculated as follows—</P> <P>(i) The following abbreviations shall apply to both category A and category B engine calculations as appropriate: </P> <EXTRACT> <FP SOURCE="FP-1">cfm—Cubic feet per min (ft<SU>3</SU>/min)</FP> <FP SOURCE="FP-1">Exh—Exhaust</FP> <FP SOURCE="FP-1">A—Air (lbs/hr)</FP> <FP SOURCE="FP-1">H—Grains of water per lb. of dry intake air</FP> <FP SOURCE="FP-1">J—Conversion factor</FP> <FP SOURCE="FP-1">m—Mass flow rate (mass/hr)</FP> <FP SOURCE="FP-1">TI—Intake air temperature (°F)</FP> <FP SOURCE="FP-1">PCAir—Percent Air</FP> <FP SOURCE="FP-1">PCCH<E T="52">4</E>—Percent CH<E T="52">4</E> (intake air)</FP> <FP SOURCE="FP-1">UCH<E T="52">4</E>—Unburned CH<E T="52">4</E> </FP> <FP SOURCE="FP-1">PCECH<E T="52">4</E>—Percent Exhaust CH<E T="52">4</E> </FP> </EXTRACT> <P>(ii) Exhaust gas flow calculation for category B engines shall be (m Exh)=(A)+(m fuel).</P> <P>(iii) Fuel/air ratio for category B engines shall be (f/a)=(m fuel) / (A).</P> <P>(iv) Methane flow through category A engines shall be determined by the following: </P> <FP SOURCE="FP-1">PCAir=100−PCCH<E T="52">4</E> </FP> <FP SOURCE="FP-1">Y=(PCAir)(0.289)+(PCCH<E T="52">4</E>)(0.16)</FP> <FP SOURCE="FP-1">Z=(0.16)(PCCH<E T="52">4</E>)÷Y</FP> <FP SOURCE="FP-1">mCH<E T="52">4</E>=(A)(Z)÷(1−Z)</FP> <P>(v) Exhaust gas flow calculation for category A engines shall be (m Exh)=(A)+(m fuel)+(m CH<E T="52">4</E>)</P> <P>(vi) Unburned CH<E T="52">4</E> (lbs/hr) calculation for category A engines shall be mUCH<E T="52">4</E>=(m Exh)(0.0052)(PCECH<E T="52">4</E>)</P> <P>(vii) Fuel/air ratio for category A engines shall be (f/a)=((m fuel)+(m CH<E T="52">4</E>)−(m UCH<E T="52">4</E>))÷(A)</P> <P>(viii) Conversion from dry to wet basis for both category A and category B engines shall be: </P> <FP SOURCE="FP-1">(NO wet basis)=(NO dry basis)(J)</FP> <FP SOURCE="FP-1">(NO<E T="52">2</E> wet basis)=(NO<E T="52">2</E> dry basis)(J)</FP> <FP SOURCE="FP-1">(CO<E T="52">2</E> wet basis)=(CO<E T="52">2</E> dry basis)(J)</FP> <FP SOURCE="FP-1">(CO wet basis)=(CO dry basis)(10<E T="51">−4</E>)(J)</FP> <EXTRACT> <FP>Where:</FP> <FP SOURCE="FP-1">J=(f/a)(−1.87)+(1−(0.00022)(H))</FP> </EXTRACT> <P>(ix) NO and NO<E T="52">2</E> correction for humidity and temperature for category A and category B engines shall be: </P> <FP SOURCE="FP-1">(NO corr)=(NO wet basis)÷(E)</FP> <FP SOURCE="FP-1">(NO<E T="52">2</E> corr)=(NO<E T="52">2</E> wet basis)÷(E)</FP> <EXTRACT> <FP>Where:</FP> <FP SOURCE="FP-1">E=1.0+(R)(H−75)+(G)(TI−77)</FP> <FP SOURCE="FP-1">R=(f/a)(0.044)−(0.0038)</FP> <FP SOURCE="FP-1">G=(f/a)(−0.116)+(0.0053)</FP> </EXTRACT> <P>(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: </P> <FP SOURCE="FP-1">(m NO)=(NO corr)(0.000470)(m Exh)</FP> <FP SOURCE="FP-1">(m NO<E T="52">2</E>)=(NO<E T="52">2</E> corr)(0.000720)(m Exh)</FP> <FP SOURCE="FP-1">(m CO<E T="52">2</E>)=(CO<E T="52">2</E> wet basis)(6.89)(m Exh)</FP> <FP SOURCE="FP-1">(m CO)=(CO wet basis)(4.38)(m Exh)</FP> <P>(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: </P> <FP SOURCE="FP-1">(cfm NO)=(m NO)(K)</FP> <FP SOURCE="FP-1">(cfm NO<E T="52">2</E>)=(m NO<E T="52">2</E>)(K)</FP> <FP SOURCE="FP-1">(cfm CO<E T="52">2</E>)=(m CO<E T="52">2</E>)(K)</FP> <FP SOURCE="FP-1">(cfm CO)=(m CO)(K)</FP> <EXTRACT> <FP>Where:</FP> <FP SOURCE="FP-1">K=13,913.4/ (pollutant grams/mole) (pollutant dilution value specified in § 7.84(c)).</FP> </EXTRACT> <P>(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.</P> <P>(1) Ventilation rates less than 20,000 cfm shall be rounded up to the next 500 cfm.</P> <P>Example: 10,432 cfm shall be listed 10,500 cfm.</P> <P>(2) Ventilation rates greater than 20,000 cfm shall be rounded up to the next 1,000 cfm.</P> <P>Example: 26,382 cfm shall be listed 27,000 cfm.</P> <CITA>[61 FR 55504, Oct. 25, 1996; 62 FR 34640, June 27, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 7.89</SECTNO> <SUBJECT>Test to determine the particulate index.</SUBJECT> <P>The test shall be performed in the order listed in Table E-3.</P> <P>(a) <E T="03">Test procedure.</E> (1) Couple the diesel engine to the dynamometer and connect the sampling and measurement devices specified in § 7.86.</P> <P>(2) A minimum time of 10 minutes is required for each measuring point.</P> <P>(3) Prior to testing, condition and weigh the particulate filters as follows:</P> <P>(i) At least 1 hour before the test, each filter (pair) shall be placed in a <PRTPAGE P="48"/>closed, but unsealed, petri dish and placed in a weighing chamber (room) for stabilization.</P> <P>(ii) At the end of the stabilization period, each filter (pair) shall be weighed. The reading is the tare weight.</P> <P>(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.</P> <P>(iv) The filter (pair) must be re-weighed if not used within 8 hours of its removal from the weighing chamber (room).</P> <P>(4) Run the engine.</P> <P>(i) The parameter for f<E T="52">a</E> shall be calculated in accordance with § 7.87(a)(3).</P> <P>(ii) The air inlet and exhaust backpressure restrictions on the engine shall be set as specified in §§ 7.87(a)(3) (iii) and (iv).</P> <P>(iii) The dilution air shall be set to obtain a maximum filter face temperature of 125 °F (52 °C) or less at each test mode.</P> <P>(iv) The total dilution ratio shall not be less than 4.</P> <P>(5) The engine shall be at a steady state condition before starting the test modes.</P> <P>(i) The engine speed and torque shall be measured and recorded at each test mode.</P> <P>(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.</P> <P>(6) A 1.0 ±0.1 percent CH<E T="52">4</E>, by volume shall be injected into the engine's intake air for category A engines.</P> <P>(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.</P> <P>(i) One pair of single filters shall be collected or eight multiple filter pairs shall be collected.</P> <P>(ii) Particulate sampling shall be started after the engine has reached a steady-state condition.</P> <P>(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.</P> <P>(iv) The minimum particulate loading specified in §§ 7.86(c)(18) (iii) or (iv) shall be done.</P> <GPOTABLE CDEF="s50,5,5,5,5,5,5,5,5" COLS="9" OPTS="L2"> <TTITLE>Table E-3—Particulate Test Modes</TTITLE> <BOXHD> <CHED H="1">Speed</CHED> <CHED H="2">% Torque</CHED> <CHED H="1">Rated speed</CHED> <CHED H="2">100</CHED> <CHED H="2">75</CHED> <CHED H="2">50</CHED> <CHED H="2">10</CHED> <CHED H="1">Intermediate speed</CHED> <CHED H="2">100</CHED> <CHED H="2">75</CHED> <CHED H="2">50</CHED> <CHED H="1">Low-idle speed</CHED> <CHED H="2">0</CHED> </BOXHD> <ROW> <ENT I="01">Weighting factor</ENT> <ENT>0.15</ENT> <ENT>0.15</ENT> <ENT>0.15</ENT> <ENT>0.1</ENT> <ENT>0.1</ENT> <ENT>0.1</ENT> <ENT>0.1</ENT> <ENT>0.15</ENT> </ROW> </GPOTABLE> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(8) After completion of the test, condition and weigh the particulate filters in the weighing chamber (room) as follows:</P> <P>(i) Condition the filters for at least 1 hour, but not more than 80 hours.</P> <P>(ii) At the end of the stabilization period, weigh each filter. The reading is the gross weight.</P> <P>(iii) The particulate mass of each filter is its gross weight minus its tare weight.</P> <P>(iv) The particulate mass (P<E T="52">F</E> for the single filter method; P<E T="52">F</E>,<E T="52">i</E> for the multiple filter method) is the sum of the <PRTPAGE P="49"/>particulate masses collected on the primary and back-up filters.</P> <P>(v) The test is void and must be rerun if the sample on the filter contacts the petri dish or any other surface.</P> <P>(9) The particulate index for the mass particulate shall be calculated from the equations listed below—</P> <P>(i) The following abbreviations shall be: </P> <EXTRACT> <FP SOURCE="FP-1">cfm—Cubic feet per min (ft<SU>3</SU> min)</FP> <FP SOURCE="FP-1">PT—Particulate (gr/hr)</FP> <FP SOURCE="FP-1">m mix—Diluted exhaust gas mass flow rate on wet basis (kg/hr)</FP> <FP SOURCE="FP-1">m sample—Mass of the diluted exhaust sample passed through the particulate sampling filters (kg)</FP> <FP SOURCE="FP-1">P<E T="52">f</E>—Particulate sample mass collected on a filter (mg) at each test mode as determined in Table E-3.</FP> <FP SOURCE="FP-1">K<E T="52">p</E>—Humidity correction factor for particulate</FP> <FP SOURCE="FP-1">WF—Weighting factor</FP> <FP SOURCE="FP-1">i-Subscript denoting an individual mode, i=1, . . . n</FP> <FP SOURCE="FP-1">PI—Particulate Index (cfm)</FP> </EXTRACT> <P>(ii) When calculating ambient humidity correction for the particulate concentration (P<E T="52">f</E> part), the equation shall be: </P> <FP SOURCE="FP-1">P<E T="52">fcorr</E>=(P<E T="52">f</E>)(K<E T="52">p</E>)</FP> <FP SOURCE="FP-1">K<E T="52">p</E>=1/(1+0.0133 * (H−10.71))</FP> <EXTRACT> <FP>Where:</FP> <FP SOURCE="FP-1">H<E T="52">a</E>=humidity of the intake air, g water per kg dry air</FP> <FP SOURCE="FP-1">H<E T="52">a</E>=(6.220 * R<E T="52">a</E> * p<E T="52">a</E>)/(p<E T="52">B</E>−p<E T="52">a</E> − R<E T="52">a</E> * 10<E T="51">−2</E>)</FP> <FP SOURCE="FP-1">R<E T="52">a</E>=relative humidity of the intake air, %</FP> <FP SOURCE="FP-1">p<E T="52">a</E>=saturation vapor pressure of the intake air, kPa</FP> <FP SOURCE="FP-1">p<E T="52">B</E>=total barometric pressure, kPa</FP> </EXTRACT> <P>(iii) When the multiple filter method is used, the following equations shall be used.</P> <P>(A) Mass of particulate emitted is calculated as follows:</P> <MATH DEEP="34" SPAN="2"> <MID>ER25OC96.004</MID> </MATH> <P>(B) Determination of weighted particulate average is calculated as follows:</P> <MATH DEEP="29" SPAN="2"> <MID>ER25oc96.005</MID> </MATH> <P>(C) Determination of particulate index for the mass particulate from the average of the test modes shall be calculated as follows:</P> <MATH DEEP="40" SPAN="2"> <MID>ER25oc96.006</MID> </MATH> <P>(iv) When the single filter method is used, the following equations shall be used.</P> <P>(A) Mass of particulate emitted:</P> <MATH DEEP="30" SPAN="2"> <PRTPAGE P="50"/> <MID>ER25oc96.007</MID> </MATH> <FP>Where:</FP> <MATH DEEP="29" SPAN="2"> <MID>ER25oc96.008</MID> </MATH> <MATH DEEP="29" SPAN="2"> <MID>ER25oc96.009</MID> </MATH> <P>(B) Determination of particulate index for the mass particulate from the average of the test modes shall be as follows:</P> <MATH DEEP="40" SPAN="2"> <MID>ER25oc96.010</MID> </MATH> <P>(v) When the effective weighting factor, WF<E T="52">E</E>,<E T="52">i</E>, for each mode is calculated for the single filter method, the following shall apply.</P> <MATH DEEP="34" SPAN="2"> <MID>ER25oc96.011</MID> </MATH> <P>(B) The value of the effective weighting factors shall be within ±0.005 (absolute value) of the weighting factors listed in Table E-3.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <CITA>[61 FR 55504, Oct. 25, 1996; 62 FR 34640, June 27, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 7.90</SECTNO> <SUBJECT>Approval marking.</SUBJECT> <P>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:</P> <P>(a) Ventilation rate.</P> <P>(b) Rated power.</P> <P>(c) Rated speed.</P> <P>(d) High idle.<PRTPAGE P="51"/> </P> <P>(e) Maximum altitude before deration.</P> <P>(f) Engine model number.</P> </SECTION> <SECTION> <SECTNO>§ 7.91</SECTNO> <SUBJECT>Post-approval product audit.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 7.92</SECTNO> <SUBJECT>New technology.</SUBJECT> <P>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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Diesel Power Packages Intended for Use in Areas of Underground Coal Mines Where Permissible Electric Equipment is Required</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>61 FR 55518, Oct. 25, 1996, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 7.95</SECTNO> <SUBJECT>Purpose and effective date.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 7.96</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>In addition to the definitions in subparts A and E of this part, the following definitions apply in this subpart.</P> <P> <E T="03">Cylindrical joint.</E> A joint comprised of two contiguous, concentric, cylindrical surfaces.</P> <P> <E T="03">Diesel power package.</E> A diesel engine with an intake system, exhaust system, and a safety shutdown system installed.</P> <P> <E T="03">Dry exhaust conditioner.</E> An exhaust conditioner that cools the exhaust gas without direct contact with water.</P> <P> <E T="03">Exhaust conditioner.</E> An enclosure, containing a cooling system, through which the exhaust gases pass.</P> <P> <E T="03">Exhaust system.</E> 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.</P> <P> <E T="03">Fastening.</E> A bolt, screw, or stud used to secure adjoining parts to prevent the escape of flame from the diesel power package.</P> <P> <E T="03">Flame arrester.</E> A device so constructed that flame or sparks from the diesel engine cannot propagate an explosion of a flammable mixture through it.</P> <P> <E T="03">Flame arresting path (explosion-proof joint).</E> Two or more adjoining or adjacent surfaces between which the escape of flame is prevented.</P> <P> <E T="03">Flammable mixture.</E> A mixture of methane or natural gas with normal air, that will propagate flame or explode when ignited.</P> <P> <E T="03">Grade.</E> The slope of an incline expressed as a percent.</P> <P> <E T="03">High idle speed.</E> The maximum no load speed specified by the engine manufacturer.</P> <P> <E T="03">Intake system.</E> 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.</P> <P> <E T="03">Plane joint.</E> A joint comprised of two adjoining surfaces in parallel planes.</P> <P> <E T="03">Safety shutdown system.</E> 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.</P> <P> <E T="03">Step (rabbet) joint.</E> 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.</P> <P> <E T="03">Threaded joint.</E> A joint consisting of a male- and female-threaded member, both of which are the same type and gauge.</P> <P> <E T="03">Wet exhaust conditioner.</E> An exhaust conditioner that cools the exhaust gas <PRTPAGE P="52"/>through direct contact with water, commonly called a water scrubber.</P> </SECTION> <SECTION> <SECTNO>§ 7.97</SECTNO> <SUBJECT>Application requirements.</SUBJECT> <P>(a) An application for approval of a diesel power package shall contain sufficient information to document compliance with the technical requirements of this subpart and include: drawings, specifications, and descriptions with dimensions (including tolerances) demonstrating compliance with the technical requirements of § 7.98. The specifications and descriptions shall include the materials of construction and quantity. These shall include the following—</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(4) A drawing(s) showing the relative location, identification of components, and design of the safety shutdown system.</P> <P>(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.</P> <P>(6) Detail drawings of gaskets used to form flame-arresting paths.</P> <P>(7) An assembly drawing showing the location and identification of all intake system components from the air cleaner to the engine head.</P> <P>(8) An assembly drawing showing the location and identification of all exhaust system components from the engine head to the exhaust outlet.</P> <P>(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.</P> <P>(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.</P> <P>(11) Information showing that the electrical systems and components meet the requirements of § 7.98.</P> <P>(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.</P> <P>(b) Composite drawings specifying the required construction details may be submitted instead of the individual drawings in paragraph (a) of this section.</P> <P>(c) All documents shall be titled, dated, numbered, and include the latest revision.</P> <P>(d) When all testing has been completed, the following information shall be submitted and become part of the approval documentation:</P> <P>(1) The settings of any adjustable devices used to meet the performance requirements of this subpart.</P> <P>(2) The coolant temperature sensor setting and exhaust gas temperature <PRTPAGE P="53"/>sensor setting used to meet the performance requirements of this subpart.</P> <P>(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.</P> <P>(4) The maximum grade on which the wet exhaust conditioner can be operated retaining the flame arresting characteristics.</P> <P>(5) A finalized version of the power package checklist.</P> </SECTION> <SECTION> <SECTNO>§ 7.98</SECTNO> <SUBJECT>Technical requirements.</SUBJECT> <P>(a) The diesel power package shall use a category A diesel engine approved under subpart E of this part with the following additional requirements:</P> <P>(1) A hydraulic, pneumatic, or other mechanically actuated starting mechanism. Other means of starting shall be evaluated in accordance with the provisions of § 7.107.</P> <P>(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.</P> <P>(b) The temperature of any external surface of the diesel power package shall not exceed 302 °F (150 °C).</P> <P>(1) Diesel power package designs using water jacketing to meet this requirement shall be tested in accordance with § 7.101.</P> <P>(2) Diesel power packages using other techniques will be evaluated under the provisions of § 7.107.</P> <P>(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 °F (100 °C), whichever is lower.</P> <P>(c) External rotating parts shall not be constructed of aluminum alloys containing more than 0.6 percent magnesium.</P> <P>(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 § 7.107.</P> <P>(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.</P> <P>(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.</P> <P>(g) Electrical components on diesel power packages shall be certified or approved by MSHA under parts 7, 18, 20, and 27 of this chapter.</P> <P>(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.</P> <P>(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—</P> <P>(1) The coolant temperature limit specified in paragraph (b) of this section;</P> <P>(2) The exhaust gas temperature limit specified in paragraph (s)(4) of this section;</P> <P>(3) The minimum allowable low water level, for a wet exhaust conditioner, as established by tests in § 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</P> <P>(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.<PRTPAGE P="54"/> </P> <P>(j) The safety shutdown system shall have the following features:</P> <P>(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.</P> <P>(2) If the design of the safety shutdown system requires that the lack of engine oil pressure must be overridden to start the engine, the override shall not be capable of overriding any of the safety shutdown sensors specified in paragraph (i) of this section.</P> <P>(k) The diesel power package shall be explosion-proof as determined by the tests set out in § 7.100.</P> <P>(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 § 7.100. This paragraph does not apply to the following:</P> <P>(1) Pistons to piston rings;</P> <P>(2) Pistons to cylinder walls;</P> <P>(3) Piston rings to cylinder walls;</P> <P>(4) Cylinder head to cylinder block;</P> <P>(5) Valve stem to valve guide; or</P> <P>(6) Injector body to cylinder head.</P> <P>(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 § 7.100 or a pressure of 150 psig, whichever is less. Castings shall be free from blowholes.</P> <P>(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 § 7.104 with the internal pressure equal to four times the maximum pressure observed in tests under § 7.100 or a pressure of 150 psig, whichever is less.</P> <P>(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> <P>(p) Flame-arresting paths in the intake and exhaust systems shall be formed either by—</P> <P>(1) Flanged metal to metal joints meeting the requirements of paragraph (q) of this section; or</P> <P>(2) Metal flanges fitted with metal gaskets and meeting the following requirements:</P> <P>(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.</P> <P>(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.</P> <P>(iii) Fastenings shall be as uniform in size as practicable to preclude improper assembly.</P> <P>(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.</P> <P>(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.</P> <P>(vi) The minimum thickness of material for flanges shall be <FR>1/2</FR>-inch, except that a final thickness of <FR>7/16</FR>-inch is allowed after machining rolled plate.</P> <P>(vii) The maximum fastening spacing shall be 6 inches.</P> <P>(viii) The minimum diameter of fastenings shall be <FR>3/8</FR>-inch, except smaller diameter fastenings may be used if the joint first meets the requirements of the static pressure test in § 7.104, and the explosion test in § 7.100.</P> <P>(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 <PRTPAGE P="55"/>§ 7.100 and the static pressure test in § 7.104.</P> <P>(x) The minimum contact surface of gaskets forming flame-arresting paths shall be <FR>3/8</FR>-inch, and the thickness of the gaskets shall be no greater than <FR>1/16</FR>-inch. The minimum distance from the interior edge of a gasket to the edge of a fastening hole shall be <FR>3/8</FR>-inch. The gaskets shall be positively positioned, and a means shall be provided to preclude improper installation. When the joint is completely assembled, it shall be impossible to insert a 0.0015-inch thickness gauge to a depth exceeding <FR>1/8</FR>-inch between the gasket and mating flanges. Other gasket designs shall be evaluated in accordance with § 7.107.</P> <P>(q) The following construction requirements shall apply to flame-arresting paths formed without gaskets:</P> <P>(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.</P> <P>(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.</P> <P>(3) Fastenings shall be as uniform in size as practicable to preclude improper assembly.</P> <P>(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.</P> <P>(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.</P> <P>(6) The flame-arresting path of threaded joints shall conform to the requirements of paragraph (q)(7) of this section.</P> <P>(7) Intake and exhaust systems joints shall meet the specifications set out in Table F-1.</P> <GPOTABLE CDEF="s200,xs40" COLS="2" OPTS="L2,p1,7/8,i1"> <TTITLE>Table F-1—Dimensional Requirements for Explosion-Proof Intake and Exhaust System Joints</TTITLE> <ROW> <ENT I="01">Minimum thickness of material for flanges</ENT> <ENT> <FR>1/2</FR>″<SU>1</SU> </ENT> </ROW> <ROW> <ENT I="01">Minimum width of joint; all in one plane</ENT> <ENT>1″</ENT> </ROW> <ROW> <ENT I="01">Maximum clearance; joint all in one plane</ENT> <ENT>0.004″</ENT> </ROW> <ROW> <ENT I="01">Minimum width of joint, portions of which are different planes; cylinders or equivalent</ENT> <ENT> <FR>3/4</FR>″<SU>2</SU> </ENT> </ROW> <ROW> <ENT I="22">Maximum clearances; joint in two or more planes, cylinders or equivalent:</ENT> </ROW> <ROW> <ENT I="03">Portion perpendicular to plane</ENT> <ENT>0.008″<SU>3</SU> </ENT> </ROW> <ROW> <ENT I="03">Plane portion</ENT> <ENT>0.006″</ENT> </ROW> <ROW> <ENT I="01">Maximum fastening <SU>4</SU> spacing; joints all in one plane <SU>5</SU> </ENT> <ENT>6″</ENT> </ROW> <ROW> <ENT I="01">Maximum fastening spacing; joints, portions of which are in different planes</ENT> <ENT>8″</ENT> </ROW> <ROW> <ENT I="01">Minimum diameter of fastening (without regard to type of joint) <SU>6</SU> </ENT> <ENT> <FR>3/8</FR>″</ENT> </ROW> <ROW> <ENT I="01">Minimum thread engagement of fastening <SU>7</SU> </ENT> <ENT> <FR>3/8</FR>″</ENT> </ROW> <ROW> <ENT I="01">Maximum diametrical clearance between fastening body and unthreaded holes through which it passes <SU>8,9,10</SU> </ENT> <ENT> <FR>1/16</FR>″</ENT> </ROW> <ROW> <ENT I="22">Minimum distance from interior of the intake or exhaust system to the edge of a fastening hole: <SU>11</SU> </ENT> </ROW> <ROW> <ENT I="03">Joint-minimum width 1″</ENT> <ENT> <FR>7/16</FR>″<SU>8,12</SU> </ENT> </ROW> <ROW> <ENT I="22">Shafts centered by ball or roller bearings:</ENT> </ROW> <ROW> <ENT I="03">Minimum length of flame-arresting path</ENT> <ENT>1″</ENT> </ROW> <ROW> <ENT I="03">Maximum diametrical clearance</ENT> <ENT>0.030″</ENT> </ROW> <ROW> <ENT I="22">Other cylindrical joints:</ENT> </ROW> <ROW> <ENT I="03">Minimum length of flame-arresting path</ENT> <ENT>1″</ENT> </ROW> <ROW> <ENT I="03">Maximum diametrical clearance</ENT> <ENT>0.010″</ENT> </ROW> <TNOTE> <SU>1</SU> <FR>1/16</FR>-inch less is allowable for machining rolled plate.</TNOTE> <TNOTE> <SU>2</SU> If only two planes are involved, neither portion of a joint shall be less than <FR>1/8</FR>-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.<PRTPAGE P="56"/> </TNOTE> <TNOTE> <SU>3</SU> The allowable diametrical clearance is 0.008-inch when the portion perpendicular to the plane portion is <FR>1/4</FR>-inch or greater in length. If the perpendicular portion is more than <FR>1/8</FR>-inch but less than <FR>1/4</FR>-inch wide, the diametrical clearance shall not exceed 0.006-inch.</TNOTE> <TNOTE> <SU>4</SU> 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.</TNOTE> <TNOTE> <SU>5</SU> 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.</TNOTE> <TNOTE> <SU>6</SU> Fastening diameters smaller than specified may be used if the joint or assembly meets the test requirements of § 7.104.</TNOTE> <TNOTE> <SU>7</SU> 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 § 7.104.</TNOTE> <TNOTE> <SU>8</SU> 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.</TNOTE> <TNOTE> <SU>9</SU> This maximum clearance only applies when the fastening is located within the flame-arresting path.</TNOTE> <TNOTE> <SU>10</SU> Threaded holes for fastenings shall be machined to remove burrs or projections that affect planarity of a surface forming a flame-arresting path.</TNOTE> <TNOTE> <SU>11</SU> Edge of the fastening hole shall include any edge of any machining done to the fastening hole, such as chamfering.</TNOTE> <TNOTE> <SU>12</SU> If the diametrical clearance for fastenings does not exceed <FR>1/32</FR>-inch, then the minimum distance shall be <FR>1/4</FR>-inch.</TNOTE> </GPOTABLE> <P>(r) <E T="03">Intake system.</E> (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.</P> <P>(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 § 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:</P> <P>(i) Two intake flame arrester designs, the spaced-plate type and the crimped ribbon type, will be tested in accordance with the requirements of § 7.100. Variations to these designs or other intake flame arrester designs will be evaluated under the provisions of § 7.107.</P> <P>(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.</P> <P>(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.</P> <P>(3) The intake system shall be designed so that improper installation of the flame arrester is impossible.</P> <P>(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.</P> <P>(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.</P> <P>(s) <E T="03">Exhaust system.</E> (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.</P> <P>(i) If a mechanical flame arrester is used, it shall be positioned so that only <PRTPAGE P="57"/>cooled exhaust gas at a maximum temperature of 302 °F (150 °C) will be discharged through it.</P> <P>(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 § 7.100. Variations to the spaced-plate flame arrester design and other mechanical flame arrester designs shall be evaluated under the provisions of § 7.107. The flame arrester shall be designed and attached so that it can be removed for inspection and cleaning.</P> <P>(2) The exhaust system shall allow a wet exhaust conditioner to be used as the exhaust flame arrester provided that the explosion tests of § 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 § 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 °F (76 °C) under test conditions specified in § 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 °F (85 °C) under test conditions specified in § 7.103(a)(4).</P> <P>(3) The exhaust system shall be designed so that improper installation of the flame arrester is impossible.</P> <P>(4) The exhaust system shall provide a means to cool the exhaust gas and prevent discharge of glowing particles.</P> <P>(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 °F (76 °C) when tested in accordance with the exhaust gas cooling efficiency test in § 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 °F (85 °C) when tested in accordance with the safety system controls test in § 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.</P> <P>(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 °F (150 °C) when tested in accordance with the exhaust gas cooling efficiency test of § 7.102. A sensor shall be provided that activates the safety shutdown system before the exhaust gas exceeds 302 °F (150 °C) when tested in accordance with the safety system control test in § 7.103. A means shall be provided to prevent the discharge of glowing particles, and it shall be evaluated under the provisions of § 7.107.</P> <P>(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 § 7.107.</P> <P>(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.</P> <CITA>[61 FR 55518, Oct. 25, 1996, 62 FR 34640, 34641, June 27, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 7.99</SECTNO> <SUBJECT>Critical characteristics.</SUBJECT> <P>The following critical characteristics shall be inspected or tested on each diesel power package to which an approval marking is affixed:<PRTPAGE P="58"/> </P> <P>(a) Finish, width, planarity, and clearances of surfaces that form any part of a flame-arresting path.</P> <P>(b) Thickness of walls and flanges that are essential in maintaining the explosion-proof integrity of the diesel power package.</P> <P>(c) Size, spacing, and tightness of fastenings.</P> <P>(d) The means provided to maintain tightness of fastenings.</P> <P>(e) Length of thread engagement on fastenings and threaded parts that ensure the explosion-proof integrity of the diesel power package.</P> <P>(f) Diesel engine approval marking.</P> <P>(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.</P> <P>(h) Material and dimensions of gaskets that are essential in maintaining the explosion-proof integrity of the diesel power package.</P> <P>(i) Dimensions and assembly of flame arresters.</P> <P>(j) Materials of construction to ensure that the intake system, exhaust system, cooling fans, and belts have been fabricated from the required material.</P> <P>(k) Proper interconnection of the coolant system components and use of specified components.</P> <P>(l) Proper interconnection of the safety shutdown system components and use of specified components.</P> <P>(m) All plugs and covers to ensure that they are tightly installed.</P> <P>(n) The inspections and tests described in the diesel power package checklist shall be performed and all requirements shall be met.</P> </SECTION> <SECTION> <SECTNO>§ 7.100</SECTNO> <SUBJECT>Explosion tests.</SUBJECT> <P>(a) <E T="03">Test procedures.</E> (1) Prepare to test the diesel power package as follows:</P> <P>(i) Perform a detailed check of parts against the drawings and specifications submitted under § 7.97 to determine that the parts and drawings agree.</P> <P>(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.</P> <P>(iii) Fill coolant system fluid and engine oil to the engine manufacturer's recommended levels.</P> <P>(iv) Interrupt fuel supply to the injector pump.</P> <P>(v) Establish a preliminary low water level for systems using the wet exhaust conditioner as a flame arrester.</P> <P>(2) Perform static and dynamic tests of the intake system as follows:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(iv) Using the auxiliary drive mechanism, motor the engine to fill the intake and exhaust systems with the <PRTPAGE P="59"/>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.</P> <P>(v) For static tests, stop the engine, actuate the ignition source, and observe the peak pressure. The peak pressure shall not exceed 110 psig. If the peak pressure exceeds 110 psig, construction changes shall be made that result in a reduction of pressure to 110 psig or less, or the system shall be tested in accordance with the static pressure test of § 7.104 with the pressure parameter replaced with a static pressure of twice the highest value recorded.</P> <P>(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.</P> <P>(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.</P> <P>(3) Perform static and dynamic tests of the exhaust system as follows:</P> <P>(i) Prepare the diesel power package for explosion tests according to § 7.100(a)(2)(i) as follows:</P> <P>(A) Install the ignition source immediately adjacent to the exhaust manifold.</P> <P>(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.</P> <P>(C) Install a temperature device immediately adjacent to the exhaust conditioner inlet.</P> <P>(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.</P> <P>(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:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(D) Twenty static tests, twenty dynamic tests at 1800 ±200 RPM, and <PRTPAGE P="60"/>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.</P> <P>(iv) After successful completion of the explosion tests of the exhaust system, the minimum allowable low water level, for a wet exhaust conditioner used as the exhaust flame arrester, shall be determined by adding two inches to the lowest water level that passed the explosion tests.</P> <P>(v) A determination shall be made of the maximum grade on which the wet exhaust conditioner can be operated retaining the flame-arresting characteristics.</P> <P>(b) <E T="03">Acceptable performance.</E> The explosion tests shall not result in any of the following—</P> <P>(1) Discharge of flame or glowing particles.</P> <P>(2) Visible discharge of gas through gasketed joints.</P> <P>(3) Ignition of the flammable mixture in the test chamber.</P> <P>(4) Rupture of any part that affects the explosion-proof integrity.</P> <P>(5) Clearances, in excess of those specified in this subpart, along accessible flame-arresting paths, following any necessary retightening of fastenings.</P> <P>(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 § 7.104.</P> <P>(7) Permanent distortion of any planar surface of the diesel power package exceeding 0.04-inches/linear foot.</P> <P>(8) Permanent deformation exceeding 0.002-inch between the plates of spaced-plate flame arrester designs.</P> <CITA>[61 FR 55518, Oct. 25, 1996; 62 FR 34641, June 27, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 7.101</SECTNO> <SUBJECT>Surface temperature tests.</SUBJECT> <P>The test for determination of exhaust gas cooling efficiency described in § 7.102 may be done simultaneously with this test.</P> <P>(a) <E T="03">Test procedures.</E> (1) Prepare to test the diesel power package as follows:</P> <P>(i) Perform a detailed check of parts against the drawings and specifications submitted to MSHA under compliance with § 7.97 to determine that the parts and drawings agree.</P> <P>(ii) Fill the coolant system with a mixture of equal parts of antifreeze and water, following the procedures specified in the application, § 7.97(a)(3).</P> <P>(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.</P> <P>(2) Tests shall be conducted as follows:</P> <P>(i) The engine shall be set to the rated horsepower specified in § 7.97(a)(2).</P> <P>(ii) Install sufficient temperature measuring devices to determine the location of the highest coolant temperature. The temperature measuring devices shall be accurate to ±4 °F (±2 °C).</P> <P>(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 °F (38 °C) ±10 °F (6 °C) and the intake air temperature shall be maintained at 70 °F (21 °C) ±5 °F (3 °C).</P> <P>(iv) Increase the coolant system temperatures until the highest coolant temperature is 205 °F to 212 °F (96 °C to 100 °C), or to the maximum temperature specified by the applicant, if lower.</P> <P>(v) After all coolant system temperatures stabilize, operate the engine for 1 hour.</P> <P>(vi) The ambient temperature shall be between 50 °F (10 °C) and 104 °F (40 °C) throughout the tests.</P> <P>(b) <E T="03">Acceptable performance.</E> The surface temperature of any external surface of the diesel power package shall not exceed 302 °F (150 °C) during the test.</P> </SECTION> <SECTION> <PRTPAGE P="61"/> <SECTNO>§ 7.102</SECTNO> <SUBJECT>Exhaust gas cooling efficiency test.</SUBJECT> <P>(a) <E T="03">Test procedures.</E> (1) Follow the procedures specified in § 7.101(a).</P> <P>(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 °F (±2 °C).</P> <P>(3) Determine the exhaust gas temperature at discharge from the exhaust conditioner before the exhaust gas is diluted with air.</P> <P>(b) <E T="03">Acceptable performance.</E> (1) The exhaust gas temperature at discharge from a wet exhaust conditioner before the exhaust gas is diluted with air shall not exceed 170 °F (76 °C).</P> <P>(2) The exhaust gas temperature at discharge from a dry exhaust conditioner before the gas is diluted with air shall not exceed 302 °F (150 °C).</P> </SECTION> <SECTION> <SECTNO>§ 7.103</SECTNO> <SUBJECT>Safety system control test.</SUBJECT> <P>(a) <E T="03">Test procedures.</E> (1) Prior to testing, perform the tasks specified in § 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 °F (±2 °C).</P> <P>(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 °F (100 °C), whichever is lower, by operating the engine and causing the coolant in the cooling jackets to exceed the specified temperature.</P> <P>(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 °F (150 °C), by operating the engine and causing the cooled exhaust gas to exceed the specified temperature.</P> <P>(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 °F (85 °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.</P> <P>(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 § 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.</P> <P>(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.</P> <P>(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.</P> <P>(8) Determine the total exhaust backpressure with the engine operating at rated horsepower as specified in <PRTPAGE P="62"/>§ 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.</P> <P>(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.</P> <P>(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 § 7.98(i). After each safety shutdown sensor test specified in paragraphs (a)(2) through (a)(5) of this section, immediately override the engine oil pressure and attempt to restart the engine.</P> <P>(b) <E T="03">Acceptable performance.</E> Tests of the safety system controls shall result in the following:</P> <P>(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 °F (100 °C), whichever is lower.</P> <P>(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 °F (150 °C).</P> <P>(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 °F (85 °C).</P> <P>(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.</P> <P>(5) The emergency intake air shutoff device shall operate immediately when activated and stop the engine within 15 seconds.</P> <P>(6) The total intake air inlet restriction and the total exhaust backpressure shall not exceed the engine manufacturer's specifications.</P> <P>(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.</P> <P>(8) The engine oil pressure override shall not override any of the shutdown sensors.</P> </SECTION> <SECTION> <SECTNO>§ 7.104</SECTNO> <SUBJECT>Internal static pressure test.</SUBJECT> <P>(a) <E T="03">Test procedures.</E> (1) Isolate and seal each segment of the intake system or exhaust system to allow pressurization.</P> <P>(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 § 7.100, or 150 psig ±5 psig, whichever is less. Maintain the pressure for a minimum of 10 seconds.</P> <P>(3) Following the pressure hold, the pressure shall be removed and the pressurizing agent removed from the intake system or exhaust system.</P> <P>(b) <E T="03">Acceptable performance.</E> (1) The intake system or exhaust system, during pressurization, shall not exhibit—</P> <P>(i) Leakage through welds and gasketed joints; or</P> <P>(ii) Leakage other than along joints meeting the explosion-proof requirements of § 7.98(q).</P> <P>(2) Following removal of the pressurizing agent, the intake system or exhaust system shall not exhibit any—</P> <P>(i) Changes in fastening torque;</P> <P>(ii) Visible cracks in welds;</P> <P>(iii) Permanent deformation affecting the length or gap of any flame-arresting paths;</P> <P>(iv) Stretched or bent fastenings;</P> <P>(v) Damaged threads of parts affecting the explosion-proof integrity of the intake system or exhaust system; or</P> <P>(vi) Permanent distortion of any planar surface of the diesel power package exceeding 0.04-inches/linear foot.</P> </SECTION> <SECTION> <SECTNO>§ 7.105</SECTNO> <SUBJECT>Approval marking.</SUBJECT> <P>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 <PRTPAGE P="63"/>exhaust conditioner used as an exhaust flame arrester shall be included on the approval marking.</P> </SECTION> <SECTION> <SECTNO>§ 7.106</SECTNO> <SUBJECT>Post-approval product audit.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 7.107</SECTNO> <SUBJECT>New technology.</SUBJECT> <P>MSHA may approve a diesel power package that incorporates technology for which the requirements of this subpart are not applicable if MSHA determines that the diesel power package is as safe as those which meet the requirements of this subpart.</P> </SECTION> <SECTION> <SECTNO>§ 7.108</SECTNO> <SUBJECT>Power package checklist.</SUBJECT> <P>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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart J—Electric Motor Assemblies</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>57 FR 61193, Dec. 23, 1992, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 7.301</SECTNO> <SUBJECT>Purpose and effective date.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 7.302</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The following definitions apply in this subpart:</P> <P> <E T="03">Afterburning.</E> 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.</P> <P> <E T="03">Cylindrical joint.</E> A joint comprised of two contiguous, concentric, cylindrical surfaces.</P> <P> <E T="03">Explosion-proof enclosure.</E> A metallic enclosure used as a winding compartment, conduit box, or a combination of both that complies with the applicable requirements of § 7.304 of this part and is constructed so that it will withstand the explosion tests of § 7.306 of this part.</P> <P> <E T="03">Fastening.</E> A bolt, screw, or stud used to secure adjoining parts to prevent the escape of flame from an explosion-proof enclosure.</P> <P> <E T="03">Flame-arresting path.</E> Two or more adjoining or adjacent surfaces between which the escape of flame is prevented.</P> <P> <E T="03">Internal free volume (of an empty enclosure).</E> 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.</P> <P> <E T="03">Motor assembly.</E> The winding compartment including a conduit box when specified. A motor assembly is comprised of one or more explosion-proof enclosures.</P> <P> <E T="03">Plane joint.</E> A joint comprised of two adjoining surfaces in parallel planes.</P> <P> <E T="03">Step (rabbet) joint.</E> 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.</P> <P> <E T="03">Stuffing box.</E> An entrance with a recess filled with packing material for cables extending through a wall of an explosion-proof enclosure.</P> <P> <E T="03">Threaded joint.</E> A joint consisting of a male- and a female-threaded member, <PRTPAGE P="64"/>both of which are the same type and gauge.</P> </SECTION> <SECTION> <SECTNO>§ 7.303</SECTNO> <SUBJECT>Application requirements.</SUBJECT> <P>(a) An application for approval of a motor assembly shall include a composite drawing or drawings with the following information:</P> <P>(1) Model (type), frame size, and rating of the motor assembly.</P> <P>(2) Overall dimensions of the motor assembly, including conduit box if applicable, and internal free volume.</P> <P>(3) Material and quantity for each of the component parts that form the explosion-proof enclosure or enclosures.</P> <P>(4) All dimensions (including tolerances) and specifications required to ascertain compliance with the requirements of § 7.304 of this part.</P> <P>(b) All drawings shall be titled, dated, numbered, and include the latest revision.</P> </SECTION> <SECTION> <SECTNO>§ 7.304</SECTNO> <SUBJECT>Technical requirements.</SUBJECT> <P>(a) Voltage rating of the motor shall not exceed 4160 volts.</P> <P>(b) The temperature of the external surfaces of the motor assembly shall not exceed 150 °C (302 °F) when operated at the manufacturers' specified ratings.</P> <P>(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.</P> <GPOTABLE CDEF="s64,6.2,6.2" COLS="3" OPTS="L2"> <TTITLE>Table J-1—Minimum Clearances Between Uninsulated Surfaces</TTITLE> <BOXHD> <CHED H="1">Phase-to-phase voltage (rms)</CHED> <CHED H="1">Clearances (inches)</CHED> <CHED H="2">Phase-to-phase</CHED> <CHED H="2">Phase-to-ground or control circuit</CHED> </BOXHD> <ROW> <ENT I="01">0 to 250</ENT> <ENT>0.25</ENT> <ENT>0.25</ENT> </ROW> <ROW> <ENT I="01">251 to 600</ENT> <ENT>0.28</ENT> <ENT>0.25</ENT> </ROW> <ROW> <ENT I="01">601 to 1000</ENT> <ENT>0.61</ENT> <ENT>0.25</ENT> </ROW> <ROW> <ENT I="01">1001 to 2400</ENT> <ENT>1.4</ENT> <ENT>0.6</ENT> </ROW> <ROW> <ENT I="01">2401 to 4160</ENT> <ENT>3.0</ENT> <ENT>1.4</ENT> </ROW> </GPOTABLE> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(g) Requirements for explosion-proof enclosures of motor assemblies.</P> <P>(1) Enclosures shall be—</P> <P>(i) Constructed of metal;</P> <P>(ii) Designed to withstand a minimum internal pressure of 150 pounds per square inch (gauge);</P> <P>(iii) Free from blowholes when cast; and</P> <P>(iv) Explosion proof as determined by the tests set out in § 7.306 of this part.</P> <P>(2) Welded joints forming an enclosure shall be—</P> <P>(i) Continuous and gas-tight; and</P> <P>(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 § 7.307 of this part. AWS D14.4-77 is incorporated by reference and has been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the American Welding Society, Inc., 2501 NW 7th Street, Miami, FL 33125. Copies may be inspected at the Mine Safety and Health Administration, Department of Labor, Approval and Certification Center, RR 1, Industrial Park Road, Triadelphia, WV 26059, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <E T="03">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</E> </P> <P>(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.</P> <P>(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.</P> <P>(5) Flat surfaces between fastening holes that form any part of a flame-arresting path shall be plane to within a <PRTPAGE P="65"/>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.</P> <P>(6) For a laminated stator frame, it shall be impossible to insert a 0.0015 inch thickness gauge to a depth exceeding <FR>1/8</FR> inch between adjacent laminations or between end rings and laminations.</P> <P>(7) Lockwashers, or equivalent, shall be provided for all fastenings. Devices other than lockwashers shall meet the requirements of § 7.308 of this part. Equivalent devices shall only be used in the configuration in which they were tested.</P> <P>(8) Fastenings shall be as uniform in size as practicable to preclude improper installation.</P> <P>(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.</P> <P>(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.</P> <P>(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 <FR>1/8</FR> inch. If the distance is <FR>1/8</FR> to <FR>1/4</FR> inch, the diametrical clearance for the pole bolt shall not exceed <FR>1/64</FR> inch for not less than <FR>1/2</FR> 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.</P> <P>(12) Coil-thread inserts, if used in holes for fastenings, shall meet the following:</P> <P>(i) The inserts shall have internal screw threads.</P> <P>(ii) The holes for the inserts shall be drilled and tapped consistent with the insert manufacturer's specifications.</P> <P>(iii) The inserts shall be installed consistent with the insert manufacturer's specifications.</P> <P>(iv) The insert shall be of sufficient length to ensure the minimum thread engagement of fastening specified in paragraph (g)(19) of this section.</P> <P>(13) A minimum of <FR>1/8</FR> 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.</P> <P>(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.</P> <P>(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.</P> <P>(16) O-rings, if used in a flame-arresting path, shall meet the following:</P> <P>(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).</P> <P>(ii) When the flame-arresting path is one of the plane-cylindrical type (step joint), the o-ring shall be located at least <FR>1/2</FR> inch from within the outer edge of the plane portion (see figure J-3), or at the junction of the plane and <PRTPAGE P="66"/>cylindrical portion of the joint (see figure J-4), or in the cylindrical portion (see figure J-5).</P> <P>(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.</P> <P>(18) The flame-arresting path of threaded joints shall conform to the requirements of paragraph (g)(19) of this section.</P> <P>(19) Explosion-proof enclosures shall meet the requirements set out in table J-2 of this section, based on the internal free volume of the empty enclosure.</P> <GPOTABLE CDEF="s200,12,12,12" COLS="4" OPTS="L2"> <TTITLE>Table J-2—Explosion-Proof Requirements Based on Volume</TTITLE> <BOXHD> <CHED H="1"/> <CHED H="1">Volume of empty enclosure</CHED> <CHED H="2">Less than 45 cu. ins.</CHED> <CHED H="2">45 to 124 cu. ins. inclusive</CHED> <CHED H="2">More than 124 cu. ins.</CHED> </BOXHD> <ROW> <ENT I="01">Minimum thickness of material for walls <SU>1</SU> </ENT> <ENT> <FR>1/8</FR>″</ENT> <ENT> <FR>3/16</FR>″</ENT> <ENT> <FR>1/4</FR>″</ENT> </ROW> <ROW> <ENT I="01">Minimum thickness of material for flanges and covers</ENT> <ENT> <SU>2</SU> <FR>1/4</FR>″</ENT> <ENT> <SU>3</SU> <FR>3/8</FR>″</ENT> <ENT> <SU>3</SU> <FR>1/2</FR>″</ENT> </ROW> <ROW> <ENT I="01">Minimum width of joint; all in one plane</ENT> <ENT> <FR>1/2</FR>″</ENT> <ENT> <FR>3/4</FR>″</ENT> <ENT>1″</ENT> </ROW> <ROW> <ENT I="01">Maximum clearance; joint all in one plane</ENT> <ENT>0.002″</ENT> <ENT>0.003″</ENT> <ENT>0.004″</ENT> </ROW> <ROW> <ENT I="01">Minimum width of joint, portions of which are in different planes; cylinders or equivalent</ENT> <ENT> <SU>4</SU> <FR>3/8</FR>″</ENT> <ENT> <SU>4</SU> <FR>5/8</FR>″</ENT> <ENT> <SU>4</SU> <FR>3/4</FR>″</ENT> </ROW> <ROW> <ENT I="11">Maximum clearances; joint in two or more planes, cylinders or equivalent: <SU>5</SU> </ENT> </ROW> <ROW> <ENT I="03">(a) Portion perpendicular to plane <SU>6</SU> </ENT> <ENT>0.008″</ENT> <ENT>0.008″</ENT> <ENT>0.008″</ENT> </ROW> <ROW> <ENT I="03">(b) Plane portion</ENT> <ENT>0.006″</ENT> <ENT>0.006″</ENT> <ENT>0.006″</ENT> </ROW> <ROW> <ENT I="01">Maximum fastening <SU>7,8</SU> spacing; joints all in one plane</ENT> <ENT>(<SU>16</SU>)</ENT> <ENT>(<SU>16</SU>)</ENT> <ENT>(<SU>16</SU>)</ENT> </ROW> <ROW> <ENT I="01">Maximum fastening spacing; joints, portions of which are in different planes</ENT> <ENT>(<SU>17</SU>)</ENT> <ENT>(<SU>17</SU>)</ENT> <ENT>(<SU>17</SU>)</ENT> </ROW> <ROW> <ENT I="01">Minimum diameter of fastening <SU>9</SU> (without regard to type of joint)</ENT> <ENT> <FR>1/4</FR>″</ENT> <ENT> <FR>1/4</FR>″</ENT> <ENT> <FR>3/8</FR>″</ENT> </ROW> <ROW> <ENT I="01">Minimum thread engagement of fastening <SU>10</SU> </ENT> <ENT> <FR>1/4</FR>″</ENT> <ENT> <FR>1/4</FR>″</ENT> <ENT> <FR>3/8</FR>″</ENT> </ROW> <ROW> <ENT I="01">Maximum diametrical clearance between fastening body and unthreaded holes through which it passes <SU>8,11,12</SU> </ENT> <ENT> <FR>1/64</FR>″</ENT> <ENT> <FR>1/32</FR>″</ENT> <ENT> <FR>1/16</FR>″</ENT> </ROW> <ROW> <ENT I="11">Minimum distance from interior of enclosure to the edge of a fastening hole: <SU>8,13</SU> </ENT> </ROW> <ROW> <ENT I="03">Joint—minimum width 1″</ENT> <ENT/> <ENT/> <ENT> <SU>14</SU> <FR>7/16</FR>″</ENT> </ROW> <ROW RUL="s"> <ENT I="03">Joint—less than 1″ wide</ENT> <ENT> <FR>1/8</FR>″</ENT> <ENT> <FR>3/16</FR>″</ENT> </ROW> <ROW EXPSTB="03" RUL="s"> <ENT I="21">Cylindrical Joints</ENT> </ROW> <ROW EXPSTB="00"> <ENT I="11">Shaft centered by ball or roller bearings:</ENT> </ROW> <ROW> <ENT I="02">Minimum length of flame-arresting path</ENT> <ENT> <FR>1/2</FR>″</ENT> <ENT> <FR>3/4</FR>″</ENT> <ENT>1″</ENT> </ROW> <ROW> <ENT I="02">Maximum diametrical clearance</ENT> <ENT>0.020″</ENT> <ENT>0.025″</ENT> <ENT>0.030″</ENT> </ROW> <ROW> <ENT I="11">Other cylindrical joints: <SU>15</SU> </ENT> </ROW> <ROW> <ENT I="03">Minimum length of flame-arresting path</ENT> <ENT> <FR>1/2</FR>″</ENT> <ENT> <FR>3/4</FR>″</ENT> <ENT>1″</ENT> </ROW> <ROW> <ENT I="03">Maximum diametrical clearance</ENT> <ENT>0.006″</ENT> <ENT>0.008″</ENT> <ENT>0.010″</ENT> </ROW> <TNOTE> <SU>1</SU> This is the minimal nominal dimension when applied to standard steel plate.</TNOTE> <TNOTE> <SU>2</SU> <FR>1/32</FR> inch less is allowable for machining rolled plate.</TNOTE> <TNOTE> <SU>3</SU> <FR>1/16</FR> inch less is allowable for machining rolled plate.</TNOTE> <TNOTE> <SU>4</SU> If only two planes are involved, neither portion of a joint shall be less than <FR>1/8</FR> 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-and-groove joints) the combined lengths of those portions having prescribed clearances are considered.</TNOTE> <TNOTE> <SU>5</SU> For winding compartments having internal free volume not exceeding 350 cubic inches and joints not exceeding 32 inches in outer circumference and provided with step joints between the stator frame and the end bracket the following dimensions shall apply:</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s200,12,12,12" COLS="4" OPTS="L2,tp8,p6,6/7,i1"> <TTITLE>Dimensions of Rabbet (Step) Joints-Inches</TTITLE> <TDESC>[See figure J-6 in appendix]</TDESC> <BOXHD> <CHED H="1">Minimum total width</CHED> <CHED H="1">Minimum width of clamped radial portion</CHED> <CHED H="1">Maximum clearance of radial portion</CHED> <CHED H="1">Maximum diametrical clearance at axial portion</CHED> </BOXHD> <ROW> <ENT I="01"> <FR>3/8</FR> </ENT> <ENT> <FR>3/64</FR> </ENT> <ENT>0.0015</ENT> <ENT>0.003</ENT> </ROW> <ROW> <ENT I="01"> <FR>1/2</FR> </ENT> <ENT> <FR>3/64</FR> </ENT> <ENT>0.002</ENT> <ENT>0.003</ENT> </ROW> <ROW> <ENT I="01"> <FR>1/2</FR> </ENT> <ENT> <FR>3/32</FR> </ENT> <ENT>0.002</ENT> <ENT>0.004</ENT> </ROW> <TNOTE> <SU>6</SU> The allowable diametrical clearance is 0.008 inch when the portion perpendicular to the plane portion is <FR>1/4</FR> inch or greater in length. If the perpendicular portion is more than <FR>1/8</FR> inch but less than <FR>1/4</FR> inch wide, the diametrical clearance shall not exceed 0.006 inch.</TNOTE> <TNOTE> <SU>7</SU> 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.<PRTPAGE P="67"/> </TNOTE> <TNOTE> <SU>8</SU> The requirements as to diametrical clearance around the fastening and minimum distance from the fastening hole to the inside of the explosion-proof enclosure 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.</TNOTE> <TNOTE> <SU>9</SU> Fastening diameters smaller than specified may be used if the enclosure meets the test requirements of 30 CFR 7.307 and then 7.306 in that order.</TNOTE> <TNOTE> <SU>10</SU> Minimum thread engagement shall be equal to or greater than the diameter of the fastening specified, or the enclosure must meet the test requirements of 30 CFR 7.307 and then 7.306 in that order.</TNOTE> <TNOTE> <SU>11</SU> This maximum clearance applies only when the fastening is located within the flame-arresting path.</TNOTE> <TNOTE> <SU>12</SU> Threaded holes for fastening bolts shall be machined to remove burrs or projections that affect planarity of a surface forming a flame-arresting path.</TNOTE> <TNOTE> <SU>13</SU> Edge of the fastening hole shall include the edge of any machining done to the fastening hole, such as chamfering.</TNOTE> <TNOTE> <SU>14</SU> If the diametrical clearance for fastenings does not exceed <FR>1/32</FR> inch, then the minimum distance shall be <FR>1/4</FR> inch.</TNOTE> <TNOTE> <SU>15</SU> Shafts or operating rods through journal bearings shall be at least <FR>1/4</FR>″ 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.</TNOTE> <TNOTE> <SU>16</SU> 6″ with a minimum of 4 fastenings.</TNOTE> <TNOTE> <SU>17</SU> 8″ with a minimum of 4 fastenings.</TNOTE> </GPOTABLE> <P>(h) <E T="03">Lead entrances.</E> (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.</P> <P>(2) When the packing is properly compressed, the gland nut shall have—</P> <P>(i) A clearance distance of <FR>1/8</FR> inch or more, with no maximum, to travel without interference by parts other than packing; and</P> <P>(ii) A minimum of three effective threads engaged (see figures J-8, J-9, and J-10).</P> <P>(3) Packing nuts (see figure J-7) and stuffing boxes shall be secured against loosening (see figure J-11).</P> <P>(4) Compressed packing material shall be in contact with the cable jacket for a length of not less than <FR>1/2</FR> inch.</P> <P>(5) Requirements for lead entrances in which MSHA accepted rope packing material is specified, are:</P> <P>(i) Rope packing material shall be acceptable under § 18.37(e) of this chapter.</P> <P>(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).</P> <P>(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).</P> <P>(6) Requirements for lead entrances in which grommet packing made of compressible material is specified, are:</P> <P>(i) The grommet packing material shall be accepted by MSHA as flame-resistant material under § 18.37(f)(1) of this chapter.</P> <P>(ii) The diametrical clearance between the cable jacket and the nominal inside diameter of the grommet shall not exceed <FR>1/16</FR> inch, based on the nominal specified diameter of the cable (see figure J-14).</P> <P>(iii) The diametrical clearance between the nominal outside diameter of the grommet and the inside wall of the stuffing box shall not exceed <FR>1/16</FR> inch (see figure J-14).</P> <P>(i) <E T="03">Combustible gases from insulating material.</E> (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.</P> <P>(2) Parts coated or impregnated with insulating materials shall be treated to remove any combustible solvent before assembly in an explosion-proof enclosure.</P> </SECTION> <SECTION> <SECTNO>§ 7.305</SECTNO> <SUBJECT>Critical characteristics.</SUBJECT> <P>The following critical characteristics shall be inspected on each motor assembly to which an approval marking is affixed:</P> <P>(a) Finish, width, and planarity of surfaces that form any part of a flame-arresting path.</P> <P>(b) Clearances between mating parts that form flame-arresting paths.</P> <P>(c) Thickness of walls, flanges, and covers that are essential in maintaining the explosion-proof integrity of the enclosure.<PRTPAGE P="68"/> </P> <P>(d) Spacing of fastenings.</P> <P>(e) Length of thread engagement on fastenings and threaded parts that assure the explosion-proof integrity of the enclosure.</P> <P>(f) Use of lockwasher or equivalent with all fastenings.</P> <P>(g) Dimensions which affect compliance with the requirements for packing gland parts in § 7.304 of this part.</P> </SECTION> <SECTION> <SECTNO>§ 7.306</SECTNO> <SUBJECT>Explosion tests.</SUBJECT> <P>(a) The following shall be used for conducting an explosion test:</P> <P>(1) An explosion test chamber designed and constructed to contain an explosive gas mixture to surround and fill the motor assembly being tested. The chamber must be sufficiently darkened and provide viewing capabilities of the flame-arresting paths to allow observation during testing of any discharge of flame or ignition of the explosive mixture surrounding the motor assembly.</P> <P>(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.</P> <P>(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.</P> <P>(4) An electric spark ignition source with a minimum of 100 millijoules of energy.</P> <P>(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.</P> <P>(b) <E T="03">General test procedures.</E> (1) Motor assemblies being tested shall—</P> <P>(i) Be equipped with unshielded bearings regardless of the type of bearings specified; and</P> <P>(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.</P> <P>(2) Each motor assembly shall be placed in the explosion test chamber and tested as follows:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(c) <E T="03">Test procedures.</E> (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 <PRTPAGE P="69"/>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.</P> <P>(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.</P> <P>(3) Four tests at 9.4 ±0.4 percent methane by volume plus coal dust shall be conducted. A quantity of coal dust equal to 0.05 ounces per cubic foot of internal free volume of the winding compartment plus the nonisolated conduit box shall be introduced into each end of the winding compartment and nonisolated conduit box to coat the interior surface before conducting the first of the four tests. The coal dust introduced into the conduit box shall be proportional to its volume. The remaining coal dust shall be equally divided between the winding compartment ends. For two tests, one stationary and one rotating, the ignition shall be either in the conduit box or one end of the connected winding compartment, whichever produced the highest pressure in the previous tests. The two remaining tests, one stationary and one rotating, shall be conducted with the ignition in the winding compartment end furthest away from the conduit box.</P> <P>(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—</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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 <PRTPAGE P="70"/>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 § 7.307 of this part.</P> <P>(e) <E T="03">Acceptable performance.</E> Explosion tests of a motor assembly shall not result in—</P> <P>(1) Discharge of flames.</P> <P>(2) Ignition of the explosive mixture surrounding the motor assembly in the chamber.</P> <P>(3) Development of afterburning.</P> <P>(4) Rupture of any part of the motor assembly or any panel or divider within the motor assembly.</P> <P>(5) Clearances, in excess of those specified in this subpart, along accessible flame-arresting paths, following any necessary retightening of fastenings.</P> <P>(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 § 7.307 of this part.</P> <P>(7) Permanent deformation greater than 0.040 inches per linear foot.</P> </SECTION> <SECTION> <SECTNO>§ 7.307</SECTNO> <SUBJECT>Static pressure test.</SUBJECT> <P>(a) <E T="03">Test procedure.</E> (1) The enclosure shall be internally pressurized to a minimum of 150 psig and the pressure maintained for a minimum of 10 seconds.</P> <P>(2) Following the pressure hold, the pressure shall be removed and the pressurizing agent removed from the enclosure.</P> <P>(b) <E T="03">Acceptable performance.</E> (1) The enclosure during pressurization shall not exhibit—</P> <P>(i) Leakage through welds or casting; or</P> <P>(ii) Rupture of any part that affects the explosion-proof integrity of the enclosure.</P> <P>(2) The enclosure following removal of the pressurizing agent shall not exhibit—</P> <P>(i) Visible cracks in welds;</P> <P>(ii) Permanent deformation exceeding 0.040 inches per linear foot; or</P> <P>(iii) Clearances, in excess of those specified in this subpart, along accessible flame-arresting paths, following any necessary retightening of fastenings.</P> </SECTION> <SECTION> <SECTNO>§ 7.308</SECTNO> <SUBJECT>Lockwasher equivalency test.</SUBJECT> <P>(a) <E T="03">Test procedure.</E> (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.</P> <P>(2) Five standard samples and five test samples shall be tested.</P> <P>(3) Each standard and test sample shall use a new fastening of the same specifications as being used on the motor assembly.</P> <P>(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.</P> <P>(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.</P> <P>(6) Each standard and test sample shall be engaged and disengaged for 15 full cycles.</P> <P>(b) <E T="03">Acceptable performance.</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 7.309</SECTNO> <SUBJECT>Approval marking.</SUBJECT> <P>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 § 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.</P> </SECTION> <SECTION> <SECTNO>§ 7.310</SECTNO> <SUBJECT>Post-approval product audit.</SUBJECT> <P>Upon request by MSHA but not more than once a year, except for cause, the <PRTPAGE P="71"/>approval holder shall make a motor assembly available for audit at no cost.</P> </SECTION> <SECTION> <SECTNO>§ 7.311</SECTNO> <SUBJECT>Approval checklist.</SUBJECT> <P>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.</P> </SECTION> <APPENDIX> <EAR>Pt. 7, Subpt. J, App. I</EAR> <HD SOURCE="HED">Appendix I to Subpart J of Part 7</HD> <GPH DEEP="319" SPAN="2"> <GID>EC22OC91.004</GID> </GPH> <GPH DEEP="398" SPAN="2"> <PRTPAGE P="72"/> <GID>EC22OC91.005</GID> </GPH> <GPH DEEP="438" SPAN="2"> <PRTPAGE P="73"/> <GID>EC22OC91.006</GID> </GPH> <GPH DEEP="470" SPAN="2"> <PRTPAGE P="74"/> <GID>EC22OC91.007</GID> </GPH> <GPH DEEP="336" SPAN="2"> <PRTPAGE P="75"/> <GID>EC22OC91.008</GID> </GPH> <GPH DEEP="470" SPAN="2"> <PRTPAGE P="76"/> <GID>EC22OC91.009</GID> </GPH> <GPH DEEP="320" SPAN="2"> <PRTPAGE P="77"/> <GID>EC22OC91.010</GID> </GPH> <GPH DEEP="396" SPAN="2"> <PRTPAGE P="78"/> <GID>EC22OC91.011</GID> </GPH> <GPH DEEP="249" SPAN="2"> <PRTPAGE P="79"/> <GID>EC22OC91.012</GID> </GPH> <GPH DEEP="300" SPAN="2"> <PRTPAGE P="80"/> <GID>EC22OC91.013</GID> </GPH> </APPENDIX> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart K—Electric Cables, Signaling Cables, and Cable Splice Kits</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>57 FR 61220, Dec. 23, 1992, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 7.401</SECTNO> <SUBJECT>Purpose and effective date.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 7.402</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The following definitions apply in this subpart.</P> <P> <E T="03">Component.</E> Any material in a cable splice kit which becomes part of a splice.</P> <P> <E T="03">Conductor.</E> A bare or insulated wire or combination of wires not insulated from one another, suitable for carrying an electric current.</P> <P> <E T="03">Electric Cable.</E> 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.</P> <P> <E T="03">Jacket.</E> A nonmetallic abrasion-resistant outer covering of a cable or splice.</P> <P> <E T="03">Power Conductor.</E> An insulated conductor of a cable assembly through which the primary electric current or power is transmitted.</P> <P> <E T="03">Signaling Cable.</E> 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.<PRTPAGE P="81"/> </P> <P> <E T="03">Splice.</E> The mechanical joining of one or more severed conductors in a single length of a cable including the replacement of insulation and jacket.</P> <P> <E T="03">Splice Kit.</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 7.403</SECTNO> <SUBJECT>Application requirements.</SUBJECT> <P>(a) <E T="03">Electric cables and signaling cables.</E> 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:</P> <P>(1) Product information:</P> <P>(i) Cable type (for example, G or G-GC).</P> <P>(ii) Construction (for example, round or flat).</P> <P>(iii) Number and size (gauge) of each conductor.</P> <P>(iv) Voltage rating for all cables containing electric conductors.</P> <P>(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.</P> <P>(2) Design standard. Specify any published consensus standard used and fully describe any deviations from it, or fully describe any nonstandard design used.</P> <P>(3) Materials. Type and identifying numbers for each material comprising the finished assembly.</P> <P>(b) <E T="03">Splice kit.</E> 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:</P> <P>(1) Product information:</P> <P>(i) Trade name or designation (for example, style or code number).</P> <P>(ii) Type or kit (for example, shielded or nonshielded).</P> <P>(iii) Voltage rating.</P> <P>(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.</P> <P>(3) Materials. Type of materials, supplier, supplier's stock number or designation for each component.</P> <P>(4) Complete splice assembly instructions which clearly identify all components and detail procedures used in making the splice.</P> </SECTION> <SECTION> <SECTNO>§ 7.404</SECTNO> <SUBJECT>Technical requirements.</SUBJECT> <P>(a) Electric cables and splices shall be flame resistant when tested in accordance with § 7.407.</P> <P>(b) Signaling cables shall be flame resistant when tested in accordance with § 7.408.</P> </SECTION> <SECTION> <SECTNO>§ 7.405</SECTNO> <SUBJECT>Critical characteristics.</SUBJECT> <P>(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</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 7.406</SECTNO> <SUBJECT>Flame test apparatus.</SUBJECT> <P>The principal parts of the apparatus used to test for flame resistance of electric cables, signaling cables and splices shall include#:</P> <P>(a) <E T="03">Test chamber.</E> A rectangular enclosure measuring 17 inches deep by 14<FR>1/2</FR> 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.</P> <P>(b) <E T="03">Specimen holder (support).</E> A specimen holder (support) consisting of <PRTPAGE P="82"/>three separate metal rods each measuring approximately <FR>3/16</FR> 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.</P> <P>(c) <E T="03">Gas ignition source.</E> A standard natural gas type Tirrill burner, with a nominal inside diameter of <FR>3/8</FR> 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.</P> <P>(d) <E T="03">Current source.</E> (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.</P> <P>(e) <E T="03">Current measuring device.</E> (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.</P> <P>(f) <E T="03">Temperature measuring device.</E> (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.</P> </SECTION> <SECTION> <SECTNO>§ 7.407</SECTNO> <SUBJECT>Test for flame resistance of electric cables and cable splices.</SUBJECT> <P>(a) <E T="03">Test procedure.</E> (1) For electric cables, prepare 3 specimens of cable, each 3 feet in length, by removing 5 inches of jacket material and 2<FR>1/2</FR> 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<FR>1/2</FR> 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.</P> <P>(2) Prior to testing, condition each test specimen for a minimum of 24 hours at a temperature of 70 ±10 °F (21.1 ±5.5 °C) and a relative humidity of 55 ±10 percent. These environmental conditions shall be maintained during testing.</P> <P>(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.</P> <P>(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 <PRTPAGE P="83"/>location at a distance 8 inches from the midpoint of the splice. The specimen shall be free from external air currents during testing.</P> <P>(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.</P> <P>(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.</P> <P>(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 °F (40 °C).</P> <P>(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 °F (204.4 °C).</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(12) Record the length of burned (charred) area of each test specimen measured longitudinally along the cable axis.</P> <P>(13) Repeat the procedure for the remaining two specimens.</P> <P>(b) <E T="03">Acceptable performance.</E> Each of the three test specimens shall meet the following criteria:</P> <P>(1) The duration of burning shall not exceed 240 seconds.</P> <P>(2) The length of the burned (charred) area shall not exceed 6 inches.</P> </SECTION> <SECTION> <SECTNO>§ 7.408</SECTNO> <SUBJECT>Test for flame resistance of signaling cables.</SUBJECT> <P>(a) <E T="03">Test procedure.</E> (1) Prepare 3 samples of cable each 2 feet long.</P> <P>(2) Prior to testing, condition each test specimen for a minimum of 24 hours at a temperature of 70 ±10 °F (21.1 ±5.5 °C) and relative humidity of 55 ±10 percent. These environmental conditions shall be maintained during testing.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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 <PRTPAGE P="84"/>that falls from the test specimen after the flame from the gas has been removed.</P> <P>(8) Record the length of burned (charred) area of each test specimen measured longitudinally along the cable axis.</P> <P>(9) Repeat the procedure for the remaining two specimens.</P> <P>(b) <E T="03">Acceptable performance.</E> Each of the three test specimens shall meet the following criteria:</P> <P>(1) The duration of burning shall not exceed 60 seconds.</P> <P>(2) The length of the burned (charred) area shall not exceed 6 inches.</P> </SECTION> <SECTION> <SECTNO>§ 7.409</SECTNO> <SUBJECT>Approval marking.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 7.410</SECTNO> <SUBJECT>Post-approval product audit.</SUBJECT> <P>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—</P> <P>(a) 12 feet of an approved electric cable or approved signaling cable; or</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 7.411</SECTNO> <SUBJECT>New technology.</SUBJECT> <P>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.</P> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 15</EAR> <HD SOURCE="HED">PART 15—REQUIREMENTS FOR APPROVAL OF EXPLOSIVES AND SHEATHED EXPLOSIVE UNITS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECHD>Sec.</SECHD> <SECTNO>15.1</SECTNO> <SUBJECT>Purpose and effective dates.</SUBJECT> <SECTNO>15.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>15.3</SECTNO> <SUBJECT>Observers at tests and evaluation.</SUBJECT> <SECTNO>15.4</SECTNO> <SUBJECT>Application procedures and requirements.</SUBJECT> <SECTNO>15.5</SECTNO> <SUBJECT>Test samples.</SUBJECT> <SECTNO>15.6</SECTNO> <SUBJECT>Issuance of approval.</SUBJECT> <SECTNO>15.7</SECTNO> <SUBJECT>Approval marking.</SUBJECT> <SECTNO>15.8</SECTNO> <SUBJECT>Quality assurance.</SUBJECT> <SECTNO>15.9</SECTNO> <SUBJECT>Disclosure of information.</SUBJECT> <SECTNO>15.10</SECTNO> <SUBJECT>Post-approval product audit.</SUBJECT> <SECTNO>15.11</SECTNO> <SUBJECT>Revocation.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Requirements for Approval of Explosives</HD> <SECTNO>15.20</SECTNO> <SUBJECT>Technical requirements.</SUBJECT> <SECTNO>15.21</SECTNO> <SUBJECT>Tolerances for ingredients.</SUBJECT> <SECTNO>15.22</SECTNO> <SUBJECT>Tolerances for performance, wrapper, and specific gravity.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Requirements for Approval of Sheathed Explosive Units or Other Explosive Units Designed to be Fired Outside the Confines of a Borehole</HD> <SECTNO>15.30</SECTNO> <SUBJECT>Technical requirements.</SUBJECT> <SECTNO>15.31</SECTNO> <SUBJECT>Tolerances for ingredients.</SUBJECT> <SECTNO>15.32</SECTNO> <SUBJECT>Tolerances for weight of explosive, sheath, wrapper, and specific gravity.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>30 U.S.C. 957.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>53 FR 46761, Nov. 18, 1988, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTION> <SECTNO>§ 15.1</SECTNO> <SUBJECT>Purpose and effective dates.</SUBJECT> <P>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 <PRTPAGE P="85"/>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.</P> <CITA>[FR 46761, Nov. 18, 1988; 54 FR 351, Jan. 5, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 15.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The following definitions apply in this part.</P> <P> <E T="03">Applicant.</E> 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.</P> <P> <E T="03">Approval.</E> 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.</P> <P> <E T="03">Explosive.</E> A substance, compound, or mixture, the primary purpose of which is to function by explosion.</P> <P> <E T="03">Extension of approval.</E> 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.</P> <P> <E T="03">Minimum product firing temperature.</E> The lowest product temperature at which the explosive or explosive unit is approved for use under this part.</P> <P> <E T="03">Post-approval product audit.</E> 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.</P> <P> <E T="03">Sheath.</E> A chemical compound or mixture incorporated in a sheathed explosive unit and which forms a flame inhibiting cloud on detonation of the explosive.</P> <P> <E T="03">Sheathed explosive unit.</E> 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.</P> <P> <E T="03">Test detonator.</E> An instantaneous detonator that has a strength equivalent to that of a detonator with a base charge of 0.40-0.45 grams PETN.</P> <CITA>[FR 46761, Nov. 18, 1988; 54 FR 351, Jan. 5, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 15.3</SECTNO> <SUBJECT>Observers at tests and evaluation.</SUBJECT> <P>Only personnel of MSHA, designees of MSHA, representatives of the applicant, and such other persons as agreed upon by MSHA and the applicant shall be present during tests and evaluations conducted under this part.</P> <CITA>[70 FR 46342, Aug. 9, 2005]</CITA> </SECTION> <SECTION> <SECTNO>§ 15.4</SECTNO> <SUBJECT>Application procedures and requirements.</SUBJECT> <P>(a) <E T="03">Application.</E> Requests for an approval or an extension of approval under this part shall be sent to: U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, P.O. Box 251, Industrial Park Road, Triadelphia, West Virginia 26059.</P> <P>(b) <E T="03">Fees.</E> Fees calculated in accordance with Part 5 of this Title shall be submitted in accordance with § 5.40.</P> <P>(c) <E T="03">Original approval for explosives.</E> Each application for approval of an explosive shall include—</P> <P>(1) A technical description of the explosive, including the chemical composition of the explosive with tolerances for each ingredient;</P> <P>(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;</P> <P>(3) The lengths and diameters of explosive cartridges for which approval is requested;</P> <P>(4) The proposed minimum product firing temperature of the explosive; and</P> <P>(5) The name, address, and telephone number of the applicant's representative responsible for answering any questions regarding the application.</P> <P>(d) <E T="03">Original approval for sheathed explosive units.</E> Each application for approval of a sheathed explosive unit shall include—</P> <P>(1) A technical description of the sheathed explosive unit which includes <PRTPAGE P="86"/>the chemical composition of the sheath, with tolerances for each ingredient, and the types of material used for the outer covering;</P> <P>(2) The minimum thickness weight, and specific gravity of the sheath and outer covering;</P> <P>(3) The brand or trade name, weight, specific gravity, and minimum product firing temperature of the approved explosive to be used in the unit;</P> <P>(4) The ratio of the weight of the sheath to the weight of the explosive; and</P> <P>(5) The name, address and telephone number of the applicant's representative responsible for answering any questions regarding the application.</P> <P>(e) <E T="03">Subsequent approval of a similar explosive or sheathed explosive unit.</E> Each application for approval of an explosive or sheathed explosive unit similar to one for which the applicant already holds an approval shall include—</P> <P>(1) The approval number of the explosive or sheathed explosive unit which most closely resembles the new one;</P> <P>(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</P> <P>(3) An explanation of all changes from the existing approval.</P> <P>(f) <E T="03">Extension of the approval.</E> 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.</P> <P>(1) Each application for an extension of approval shall include—</P> <P>(i) The MSHA-assigned approval number for the explosive or sheathed explosive unit for which the extension is sought;</P> <P>(ii) A description of the proposed change to the approved explosive or sheathed explosive unit; and</P> <P>(iii) The name, address, and telephone number of the applicant's representative responsible for answering any questions regarding the application.</P> <P>(2) MSHA will determine what tests, additional information, samples, or material, if any, are required to evaluate the proposed change.</P> <P>(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.</P> <CITA>[FR 46761, Nov. 18, 1988; 54 FR 351, Jan. 5, 1989; 60 FR 33723, June 29, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 15.5</SECTNO> <SUBJECT>Test samples.</SUBJECT> <P>(a) <E T="03">Submission of test samples.</E> (1) The applicant shall not submit explosives or sheathed explosive units to be tested until requested to do so by MSHA.</P> <P>(2) The applicant shall submit 70 pounds of 1<FR>1/4</FR>-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.</P> <P>(3) If approval is requested for cartridges in diameters less than 1-<FR>1/4</FR> 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.</P> <P>(4) If approval is requested for cartridges in diameters larger than 1-<FR>1/4</FR> inches, the applicant shall submit an additional 10 cartridges of each larger diameter.</P> <P>(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.</P> <P>(6) Each applicant seeking approval of sheathed explosive units shall submit 140 units.</P> <P>(b) <E T="03">Condition and composition.</E> Explosives and sheathed explosive units will not be tested that—</P> <P>(1) Contain chlorites, chlorates, or substances that will react over an extended time and cause degradation of <PRTPAGE P="87"/>the explosive or sheathed explosive unit;</P> <P>(2) Are chemically unstable;</P> <P>(3) Show leakage;</P> <P>(4) Use aluminum clips to seal the cartridge;</P> <P>(5) Contain any combination of perchlorate and aluminum;</P> <P>(6) Contain more than 5 percent perchlorate; or</P> <P>(7) Contain any perchlorate and less than 5 percent water.</P> <P>(c) <E T="03">Storage.</E> Explosives and sheathed explosive units shall be stored in a magazine for at least 30 days before gallery tests are conducted.</P> </SECTION> <SECTION> <SECTNO>§ 15.6</SECTNO> <SUBJECT>Issuance of approval.</SUBJECT> <P>(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.</P> <P>(b) An applicant shall not advertise or otherwise represent an explosive or sheathed explosive unit as approved until MSHA has issued an approval.</P> </SECTION> <SECTION> <SECTNO>§ 15.7</SECTNO> <SUBJECT>Approval marking.</SUBJECT> <P>(a) An approved explosive or sheathed explosive unit shall be marketed only under the brand or trade name specified in the approval.</P> <P>(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.</P> <P>(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.</P> <CITA>[FR 46761, Nov. 18, 1988; 54 FR 351, Jan. 5, 1989; 54 FR 27641, June 30, 1989; 60 FR 33723, June 29, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 15.8</SECTNO> <SUBJECT>Quality assurance.</SUBJECT> <P>(a) Applicants granted an approval or an extension of approval under this part shall manufacture the explosive or sheathed explosive unit as approved.</P> <P>(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.</P> <CITA>[53 FR 46761, Nov. 18, 1988, as amended at 60 FR 33723, June 29, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 15.9</SECTNO> <SUBJECT>Disclosure of information.</SUBJECT> <P>(a) All information concerning product specifications and performance submitted to MSHA by the applicant shall be considered proprietary information.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 15.10</SECTNO> <SUBJECT>Post-approval product audit.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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).</P> </SECTION> <SECTION> <SECTNO>§ 15.11</SECTNO> <SUBJECT>Revocation.</SUBJECT> <P>(a) MSHA may revoke for cause an approval issued under this part if the explosive or sheathed explosive unit—<PRTPAGE P="88"/> </P> <P>(1) Fails to meet the applicable technical requirements; or</P> <P>(2) Creates a hazard when used in a mine.</P> <P>(b) Prior to revoking an approval, the approval-holder shall be informed in writing of MSHA's intention to revoke. The notice shall—</P> <P>(1) Explain the specific reasons for the proposed revocation; and</P> <P>(2) Provide the approval-holder an opportunity to demonstrate or achieve compliance with the product approval requirements.</P> <P>(c) Upon request, the approval-holder shall be afforded an opportunity for a hearing.</P> <P>(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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Requirements for Approval of Explosives</HD> <SECTION> <SECTNO>§ 15.20</SECTNO> <SUBJECT>Technical requirements.</SUBJECT> <P>(a) <E T="03">Chemical composition.</E> The chemical composition of the explosive shall be within the tolerances furnished by the applicant.</P> <P>(b) <E T="03">Rate-of-detonation test.</E> The explosive shall propagate completely in the rate-of-detonation tesst. The test is conducted at an ambient temperature between 68 and 86 °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—</P> <P>(1) A 50-inch column of 1<FR>1/4</FR> inch diameter cartridges; and</P> <P>(2) A 50-inch column of the smallest diameter cartridges less than 1<FR>1/4</FR> inches submitted for testing.</P> <P>(c) <E T="03">Air-gap sensitivity.</E> 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 °F, and the explosive shall propagate completely.</P> <P>(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<FR>1/4</FR> inch diameter cartridges and each cartridge diameter smaller than 1<FR>1/4</FR> inches. Explosives are initiated with a test detonator.</P> <P>(2) The 7-inch cartridge method is conducted with two 8-inch cartridges. One inch is cut off the end of each cartridge. The cartridges are placed in a paper tube, the cut ends facing each other, with the appropriate 2-inch or 3-inch air gap between them. The test is conducted at a temperature between 68 and 86 °F and at the minimum product firing temperature proposed by the applicant, or 41 °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.</P> <P>(d) <E T="03">Gallery Test 7.</E> The explosive shall yield a value of at least 450 grams for the lower 95 percent confidence limit (L<E T="52">95</E>) on the weight for 50 percent probability of ignition (W<E T="52">50</E>) in gallery test 7 and shall propagate completely. The L<E T="52">95</E> and W<E T="52">50</E> 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 °F.</P> <P>(e) <E T="03">Gallery Test 8.</E> The explosive shall yield a value of at least 350 grams for the weight for 50 percent probability of ignition (W<E T="52">CDG</E>) in gallery test 8 and shall propagate completely. The (W<E T="52">CDG</E>) 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 °F.<PRTPAGE P="89"/> </P> <P>(f) <E T="03">Pendulum-friction test.</E> 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.</P> <P>(g) <E T="03">Toxic gases.</E> 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.</P> <P>(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.</P> <P>(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.</P> <GPOTABLE CDEF="s10,8,8" COLS="3" OPTS="L2"> <TTITLE>Table I—Conversion Factors for Toxic Gases</TTITLE> <TDESC>[For Equivalent Volume Relative to Carbon Monoxide]</TDESC> <BOXHD> <CHED H="1"/> <CHED H="1">Toxic Gas</CHED> <CHED H="2">Conversion Factor</CHED> <CHED H="2">TLV-TWA (PPM)</CHED> </BOXHD> <ROW> <ENT I="01">Ammonia</ENT> <ENT>2</ENT> <ENT>25</ENT> </ROW> <ROW> <ENT I="01">Carbon Dioxide</ENT> <ENT>0.01</ENT> <ENT>5000</ENT> </ROW> <ROW> <ENT I="01">Carbon Monoxide</ENT> <ENT>1</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="01">Hydrogen Sulfide</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="01">Nitric Oxide</ENT> <ENT>2</ENT> <ENT>25</ENT> </ROW> <ROW> <ENT I="01">Nitrogen Dioxide</ENT> <ENT>17</ENT> <ENT>3</ENT> </ROW> <ROW> <ENT I="01">Sulfur Dioxide</ENT> <ENT>25</ENT> <ENT>2</ENT> </ROW> </GPOTABLE> <P>(h) <E T="03">Cartridge diameter and length changes.</E> (1) For proposed changes to an approved explosive involving only cartridge diameter or length, MSHA will determine what tests, if any, will be required.</P> <P>(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.</P> <P>(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.</P> <P>(i) <E T="03">New technology.</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 15.21</SECTNO> <SUBJECT>Tolerances for ingredients.</SUBJECT> <P>Tolerances for each ingredient in an explosive, which are expressed as a percentage of the total explosive, shall not exceed the following:</P> <P>(a) Physical sensitizers: The tolerances established by the applicant;</P> <P>(b) Aluminum: ±0.7 percent;</P> <P>(c) Carbonaceous materials: ±3 percent; and</P> <P>(d) Moisture and ingredients other than specified in paragraphs (a), (b), and (c) of this section: The tolerances specified in Table II.</P> <GPOTABLE CDEF="s60,10" COLS="2" OPTS="L2"> <TTITLE>Table II—Tolerances for Moisture and Other Ingredients</TTITLE> <BOXHD> <CHED H="1">Quantity of ingredients (as percent of total explosive or sheath)</CHED> <CHED H="1">Tolerance percent</CHED> </BOXHD> <ROW> <ENT I="01">0 to 5.0</ENT> <ENT>1.2</ENT> </ROW> <ROW> <ENT I="01">5.1 to 10.0</ENT> <ENT>1.5</ENT> </ROW> <ROW> <ENT I="01">10.1 to 20.0</ENT> <ENT>1.7</ENT> </ROW> <ROW> <ENT I="01">20.1 to 30.0</ENT> <ENT>2.0</ENT> </ROW> <ROW> <ENT I="01">30.1 to 40.0</ENT> <ENT>2.3</ENT> </ROW> <ROW> <ENT I="01">40.1 to 50.0</ENT> <ENT>2.5</ENT> </ROW> <ROW> <ENT I="01">50.1 to 55.0</ENT> <ENT>2.8</ENT> </ROW> <ROW> <ENT I="01">55.1 to 100.0</ENT> <ENT>3.0</ENT> </ROW> </GPOTABLE> </SECTION> <SECTION> <SECTNO>§ 15.22</SECTNO> <SUBJECT>Tolerances for performance, wrapper, and specific gravity.</SUBJECT> <P>(a) The rate of detonation of the explosive shall be within ±15 percent of that specified in the approval.</P> <P>(b) The weight of wrapper per 100 grams of explosive shall be within ±2 grams of that specified in the approval.<PRTPAGE P="90"/> </P> <P>(c) The apparent specific gravity of the explosive shall be within ±7.5 percent of that specified in the approval.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Requirements for Approval of Sheathed Explosive Units or Other Explosive Units Designed to be Fired Outside the Confines of a Borehole</HD> <SECTION> <SECTNO>§ 15.30</SECTNO> <SUBJECT>Technical requirements.</SUBJECT> <P>(a) <E T="03">Quantity of explosive.</E> The sheathed explosive unit shall contain not more than 1<FR>1/2</FR> pounds of an approved or permissible explosive.</P> <P>(b) <E T="03">Chemical composition.</E> The chemical composition of the sheath shall be within the tolerances furnished by the applicant.</P> <P>(c) <E T="03">Detonator well.</E> The sheathed explosive unit shall have a detonator well that—</P> <P>(1) Is protected by a sealed covering;</P> <P>(2) Permits an instantaneous detonator to be inserted in the unit with the detonator completely embedded in the well;</P> <P>(3) Is provided with a means of securing the detonator in the well; and</P> <P>(4) Is clearly marked.</P> <P>(d) <E T="03">Drop test.</E> 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.</P> <P>(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 °F.</P> <P>(2) At least four units which have been drop-tested shall be cut-open and examined.</P> <P>(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.</P> <P>(e) <E T="03">Gallery tests.</E> 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.</P> <P>(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 °F.</P> <P>(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 °F.</P> <P>(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 °F.</P> <P>(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 <PRTPAGE P="91"/>gas or 8.7 to 9.3 percent methane. The air temperature is between 41 and 86 °F.</P> <P>(f) <E T="03">Detonation test.</E> 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 °F for units with explosives approved under regulations in effect prior to January 17, 1989. The units are initiated with test detonators.</P> <P>(g) <E T="03">New technology.</E> 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.</P> <CITA>[FR 46761, Nov. 18, 1988; 54 FR 351, Jan. 5, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 15.31</SECTNO> <SUBJECT>Tolerances for ingredients.</SUBJECT> <P>Tolerances established by the applicant for each ingredient in the sheath shall not exceed the tolerances specified in Table II § 15.21 of this part.</P> </SECTION> <SECTION> <SECTNO>§ 15.32</SECTNO> <SUBJECT>Tolerances for weight of explosive, sheath, wrapper, and specific gravity.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(c) The specific gravity of the explosive and sheath shall be within ±7.5 percent of that specified in the approval.</P> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 18</EAR> <HD SOURCE="HED">PART 18—ELECTRIC MOTOR-DRIVEN MINE EQUIPMENT AND ACCESSORIES</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECHD>Sec.</SECHD> <SECTNO>18.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <SECTNO>18.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>18.3</SECTNO> <SUBJECT>Consultation.</SUBJECT> <SECTNO>18.4</SECTNO> <SUBJECT>Electrical equipment for which approval is issued.</SUBJECT> <SECTNO>18.5</SECTNO> <SUBJECT>Equipment for which certification will be issued.</SUBJECT> <SECTNO>18.6</SECTNO> <SUBJECT>Applications.</SUBJECT> <SECTNO>18.7</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>18.8</SECTNO> <SUBJECT>Date for conducting investigation and tests.</SUBJECT> <SECTNO>18.9</SECTNO> <SUBJECT>Conduct of investigations and tests.</SUBJECT> <SECTNO>18.10</SECTNO> <SUBJECT>Notice of approval or disapproval.</SUBJECT> <SECTNO>18.11</SECTNO> <SUBJECT>Approval plate.</SUBJECT> <SECTNO>18.12</SECTNO> <SUBJECT>Letter of certification.</SUBJECT> <SECTNO>18.13</SECTNO> <SUBJECT>Certification plate.</SUBJECT> <SECTNO>18.14</SECTNO> <SUBJECT>Identification of tested noncertified explosion-proof enclosures.</SUBJECT> <SECTNO>18.15</SECTNO> <SUBJECT>Changes after approval or certification.</SUBJECT> <SECTNO>18.16</SECTNO> <SUBJECT>Withdrawal of approval, certification, or acceptance.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Construction and Design Requirements</HD> <SECTNO>18.20</SECTNO> <SUBJECT>Quality of material, workmanship, and design.</SUBJECT> <SECTNO>18.21</SECTNO> <SUBJECT>Machines equipped with powered dust collectors.</SUBJECT> <SECTNO>18.22</SECTNO> <SUBJECT>Boring-type machines equipped for auxiliary face ventilation.</SUBJECT> <SECTNO>18.23</SECTNO> <SUBJECT>Limitation of external surface temperatures.</SUBJECT> <SECTNO>18.24</SECTNO> <SUBJECT>Electrical clearances.</SUBJECT> <SECTNO>18.25</SECTNO> <SUBJECT>Combustible gases from insulating material.</SUBJECT> <SECTNO>18.26</SECTNO> <SUBJECT>Static electricity.</SUBJECT> <SECTNO>18.27</SECTNO> <SUBJECT>Gaskets.</SUBJECT> <SECTNO>18.28</SECTNO> <SUBJECT>Devices for pressure relief, ventilation, or drainage.</SUBJECT> <SECTNO>18.29</SECTNO> <SUBJECT>Access openings and covers, including unused lead-entrance holes.</SUBJECT> <SECTNO>18.30</SECTNO> <SUBJECT>Windows and lenses.</SUBJECT> <SECTNO>18.31</SECTNO> <SUBJECT>Enclosures—joints and fastenings.</SUBJECT> <SECTNO>18.32</SECTNO> <SUBJECT>Fastenings—additional requirements.</SUBJECT> <SECTNO>18.33</SECTNO> <SUBJECT>Finish of surface joints.</SUBJECT> <SECTNO>18.34</SECTNO> <SUBJECT>Motors.</SUBJECT> <SECTNO>18.35</SECTNO> <SUBJECT>Portable (trailing) cables and cords.</SUBJECT> <SECTNO>18.36</SECTNO> <SUBJECT>Cables between machine components.</SUBJECT> <SECTNO>18.37</SECTNO> <SUBJECT>Lead entrances.</SUBJECT> <SECTNO>18.38</SECTNO> <SUBJECT>Leads through common walls.</SUBJECT> <SECTNO>18.39</SECTNO> <SUBJECT>Hose conduit.</SUBJECT> <SECTNO>18.40</SECTNO> <SUBJECT>Cable clamps and grips.</SUBJECT> <SECTNO>18.41</SECTNO> <SUBJECT>Plug and receptacle-type connectors.</SUBJECT> <SECTNO>18.42</SECTNO> <SUBJECT>Explosion-proof distribution boxes.</SUBJECT> <SECTNO>18.43</SECTNO> <SUBJECT>Explosion-proof splice boxes.</SUBJECT> <SECTNO>18.44</SECTNO> <SUBJECT>Non-intrinsically safe battery-powered equipment.</SUBJECT> <SECTNO>18.45</SECTNO> <SUBJECT>Cable reels.</SUBJECT> <SECTNO>18.46</SECTNO> <SUBJECT>Headlights.</SUBJECT> <SECTNO>18.47</SECTNO> <SUBJECT>Voltage limitation.</SUBJECT> <SECTNO>18.48</SECTNO> <SUBJECT>Circuit-interrupting devices.</SUBJECT> <SECTNO>18.49</SECTNO> <SUBJECT>Connection boxes on machines.</SUBJECT> <SECTNO>18.50</SECTNO> <SUBJECT>Protection against external arcs and sparks.</SUBJECT> <SECTNO>18.51</SECTNO> <SUBJECT>Electrical protection of circuits and equipment.</SUBJECT> <SECTNO>18.52</SECTNO> <SUBJECT>Renewal of fuses.</SUBJECT> <SECTNO>18.53</SECTNO> <SUBJECT>High-voltage longwall mining systems.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Inspections and Tests</HD> <SECTNO>18.60</SECTNO> <SUBJECT>Detailed inspection of components.</SUBJECT> <SECTNO>18.61</SECTNO> <SUBJECT>Final inspection of complete machine.<PRTPAGE P="92"/> </SUBJECT> <SECTNO>18.62</SECTNO> <SUBJECT>Tests to determine explosion-proof characteristics.</SUBJECT> <SECTNO>18.63</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>18.65</SECTNO> <SUBJECT>Flame test of conveyor belting and hose.</SUBJECT> <SECTNO>18.66</SECTNO> <SUBJECT>Tests of windows and lenses.</SUBJECT> <SECTNO>18.67</SECTNO> <SUBJECT>Static-pressure tests.</SUBJECT> <SECTNO>18.68</SECTNO> <SUBJECT>Tests for intrinsic safety.</SUBJECT> <SECTNO>18.69</SECTNO> <SUBJECT>Adequacy tests.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Machines Assembled With Certified or Explosion-Proof Components, Field Modifications of Approved Machines, and Permits To Use Experimental Equipment</HD> <SECTNO>18.80</SECTNO> <SUBJECT>Approval of machines assembled with certified or explosion-proof components.</SUBJECT> <SECTNO>18.81</SECTNO> <SUBJECT>Field modification of approved (permissible) equipment; application for approval of modification; approval of plans for modification before modification.</SUBJECT> <SECTNO>18.82</SECTNO> <SUBJECT>Permit to use experimental electric face equipment in a gassy mine or tunnel.</SUBJECT> <APP>Appendix I to Subpart D—List of Tables</APP> <APP>Appendix II to Subpart D—List of Figures</APP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Field Approval of Electrically Operated Mining Equipment</HD> <SECTNO>18.90</SECTNO> <SUBJECT>Purpose.</SUBJECT> <SECTNO>18.91</SECTNO> <SUBJECT>Electric equipment for which field approvals will be issued.</SUBJECT> <SECTNO>18.92</SECTNO> <SUBJECT>Quality of material and design.</SUBJECT> <SECTNO>18.93</SECTNO> <SUBJECT>Application for field approval; filing procedures.</SUBJECT> <SECTNO>18.94</SECTNO> <SUBJECT>Application for field approval; contents of application.</SUBJECT> <SECTNO>18.95</SECTNO> <SUBJECT>Approval of machines constructed of components approved, accepted or certified under Bureau of Mines Schedule 2D, 2E, 2F, or 2G.</SUBJECT> <SECTNO>18.96</SECTNO> <SUBJECT>Preparation of machines for inspection; requirements.</SUBJECT> <SECTNO>18.97</SECTNO> <SUBJECT>Inspection of machines; minimum requirements.</SUBJECT> <SECTNO>18.98</SECTNO> <SUBJECT>Enclosures, joints, and fastenings; pressure testing.</SUBJECT> <SECTNO>18.99</SECTNO> <SUBJECT>Notice of approval or disapproval; letters of approval and approval plates.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>30 U.S.C. 957, 961.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>33 FR 4660, Mar. 19, 1968, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTION> <SECTNO>§ 18.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <P>The regulations in this part set forth the requirements to obtain MSHA: Approval of electrically operated machines and accessories intended for use in gassy mines or tunnels, certification of components intended for use on or with approved machines, permission to modify the design of an approved machine or certified component, acceptance of flame-resistant hoses and conveyor belts, sanction for use of experimental machines and accessories in gassy mines or tunnels; also, procedures for applying for such approval, certification, acceptance for listing.</P> <CITA>[43 FR 12313, Mar. 24, 1978, as amended at 52 FR 17514, May 8, 1987; 57 FR 61223, Dec. 23, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>As used in this part—</P> <P> <E T="03">Acceptance</E> means written notification by MSHA that a hose or conveyor belt has met the applicable requirements of this part and will be listed by MSHA as acceptable flame-resistant auxiliary equipment.</P> <P> <E T="03">Acceptance marking</E> means an identifying marking indicating that the hose or conveyor belt has been accepted by MSHA for listing as flame resistant.</P> <P> <E T="03">Accessory</E> means associated electrical equipment, such as a distribution or splice box, that is not an integral part of an approved (permissible) machine.</P> <P> <E T="03">Assistant Secretary</E> means the Assistant Secretary of Labor for Mine Safety and Health.</P> <P> <E T="03">Afterburning</E> means the combustion of a flammable mixture that is drawn into a machine compartment after an internal explosion in the compartment.</P> <P> <E T="03">Applicant</E> means an individual, partnership, company, corporation, organization, or association that designs, manufactures, assembles, or controls the assembly of an electrical machine or accessory and seeks approval, certification, or permit, or MSHA acceptance for listing of flame-resistant hose or conveyor belt.</P> <P> <E T="03">Approval</E> 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.</P> <P> <E T="03">Approval plate</E> 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.<PRTPAGE P="93"/> </P> <P> <E T="03">Branch circuit</E> means an electrical circuit connected to the main circuit, the conductors of which are of smaller size than the main circuit.</P> <P> <E T="03">Bureau</E> means the U.S. Bureau of Mines.</P> <P> <E T="03">Certification</E> 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.</P> <P> <E T="03">Certification label</E> 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.</P> <P> <E T="03">Component</E> means an integral part of an electrical machine or accessory that is essential to the functioning of the machine or accessory.</P> <P> <E T="03">Connection box</E> (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.)</P> <P> <E T="03">Cylindrical joint</E> means a joint comprised of two contiguous, concentric, cylindrical surfaces.</P> <P> <E T="03">Distribution box</E> 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.</P> <P> <E T="03">Experimental equipment</E> 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.)</P> <P> <E T="03">Explosion-proof enclosure</E> means an enclosure that complies with the applicable design requirements in subpart B of this part and is so constructed that it will withstand internal explosions of methane-air mixtures: (1) Without damage to or excessive distortion of its walls or cover(s), and (2) without ignition of surrounding methane-air mixtures or discharge of flame from inside to outside the enclosure.</P> <P> <E T="03">Fire-resistant</E> as applied to conveyor belts means belting that will pass the flame tests hereafter specified.</P> <P> <E T="03">Flame-arresting path</E> means two or more adjoining or adjacent surfaces between which the escape of flame is prevented.</P> <P> <E T="03">Flame resistant</E> as applied to cable, hose, and insultating materials means material that will burn when held in a flame but will cease burning when the flame is removed.</P> <P> <E T="03">Flammable mixture</E> 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.</P> <P> <E T="03">Gassy mine</E> means a coal mine classed as “gassy” by MESA or by the State in which the mine is situated.</P> <P> <E T="03">Incendive arc or spark</E> means an arc or spark releasing enough electrical or thermal energy to ignite a flammable mixture of the most easily ignitable composition.</P> <P> <E T="03">Intrinsically safe</E> 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.</P> <P> <E T="03">MESA</E> means the United States Department of the Interior, Mining Enforcement and Safety Administration. Predecessor organization to MSHA, prior to March 9, 1978.</P> <P> <E T="03">Mobile equipment</E> means equipment that is self-propelled.</P> <P> <E T="03">MSHA</E> means the United States Department of Labor, Mine Safety and Health Administration.</P> <P> <E T="03">Normal operation</E> means the regular performance of those functions for which a machine or accessory was designed.</P> <P> <E T="03">Permissible equipment</E> 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. <PRTPAGE P="94"/>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).</P> <P> <E T="03">Permit</E> 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.</P> <P> <E T="03">Plane joint</E> means two adjoining surfaces in parallel planes.</P> <P> <E T="03">Portable cable,</E> or <E T="03">trailing cable</E> 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.)</P> <P> <E T="03">Portable equipment</E> means equipment that may be moved frequently and is constructed or mounted to facilitate such movement.</P> <P> <E T="03">Potted component</E> means a component that is entirely embedded in a solidified insulating material within an enclosure.</P> <P> <E T="03">Pressure piling</E> 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.)</P> <P> <E T="03">Qualified representative</E> 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.</P> <P> <E T="03">Splice box</E> means a portable enclosure in which electrical conductors may be joined.</P> <P> <E T="03">Step (rabbet) joint</E> 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.)</P> <P> <E T="03">Threaded joint</E> means a joint consisting of a male- and a female-threaded member, both of which are of the same type and gage.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.3</SECTNO> <SUBJECT>Consultation.</SUBJECT> <P>By appointment, applicants or their representatives may visit Approval and Certification Center, Industrial Park Road, Dallas Pike, Triadelphia, W. Va. 26059, to discuss a proposed design to be submitted for approval, certification, or acceptance for listing. No charge is made for such consultation and no written report thereof will be made to the applicant.</P> <CITA>[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.4</SECTNO> <SUBJECT>Electrical equipment for which approval is issued.</SUBJECT> <P>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.</P> <CITA>[57 FR 61209, Dec. 23, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.5</SECTNO> <SUBJECT>Equipment for which certification will be issued.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 18.6</SECTNO> <SUBJECT>Applications.</SUBJECT> <P>(a)(1) Investigation leading to approval, certification, extension thereof, or acceptance of hose or conveyor belt, will be undertaken by MSHA only pursuant to a written application. 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 § 5.40.</P> <P>(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 <PRTPAGE P="95"/>under this part, the applicant must provide to MSHA as part of the approval application:</P> <P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization;</P> <P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements;</P> <P>(iii) Identification of components or features of the product that are critical to the safety of the product; and</P> <P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.</P> <P>(3) An applicant may request testing and evaluation to non-MSHA product safety standards which have been determined by MSHA to be equivalent, under § 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.</P> <P>(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 § 18.6(a)(3)(i)(A) through (I) 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 MSHA's Electrical Safety Division, Approval and Certification Center, R.R. 1, Box 251, Industrial Park Road, Triadelphia, West Virginia 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: <E T="03">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</E> These IEC standards may be obtained from International Electrical Commission, Central Office 3, rue de Varembé, P.O. Box 131, CH-1211 GENEVA 20, Switzerland.</P> <P>(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 °C (302 °F) and internal surface temperatures of enclosures with polycarbonate windows and lenses shall not exceed 115 °C (240 °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 § 18.20(b) of this part.</P> <P>(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 § 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 <PRTPAGE P="96"/>of 150 psig. This shall be verified by explosion testing the enclosure at a minimum of 150 psig.</P> <P>(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.</P> <P>(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.</P> <P>(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 T="03">e.g.</E>, 12.5 mm, 19 mm, and 25 mm are considered equivalent to <FR>1/2</FR> inch, <FR>3/4</FR> 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.</P> <P>(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.</P> <P>(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.</P> <P>(H) Unused lead entrances shall be closed with a metal plug that is secured by spot welding, brazing, or equivalent.</P> <P>(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 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.</P> <P>(ii) [Reserved]</P> <P>(4) The application, all related documents, and all correspondence concerning it shall be addressed to the Approval and Certification Center, Rural Route #1, Box 251, Industrial Park Road, Triadelphia, WV 26059.</P> <P>(b) [Reserved]</P> <P>(c) Applications for acceptance of a conveyor belt as fire resistant shall include the following information: Trade name of the conveyor belt, thickness of covers, friction and skim coats, number of plies, type and weight of ply material, and designation of breaker strip or floated ply. The applicant shall provide other description or specifications as may be subsequently required.</P> <P>(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.</P> <P>(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 <PRTPAGE P="97"/>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″ × 10<FR>1/2</FR>″) 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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(i) For investigation of a hose or conveyor belt, the applicant shall furnish samples as follows: </P> <EXTRACT> <FP SOURCE="FP-1">Hose—a sample having a minimum length of 2 feet;</FP> <FP SOURCE="FP-1">Conveyor belt—a sample of each type 8 inches long cut across the entire width of the belt.</FP> </EXTRACT> <P>(j) The applicant shall submit a sample caution statement (see Figure 3 in Appendix II) specifying the conditions for maintaining permissibility of the equipment.</P> <P>(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.</P> <P>(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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.7</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 18.8</SECTNO> <SUBJECT>Date for conducting investigation and tests.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <PRTPAGE P="98"/> <SECTNO>§ 18.9</SECTNO> <SUBJECT>Conduct of investigations and tests.</SUBJECT> <P>(a) Prior to the issuance of an approval, certification, or acceptance of a hose or conveyor belt, only MSHA personnel, representative(s) of the applicant, and such other person(s) as may be mutually agreed upon may observe any part of the investigation or tests. The MSHA will hold as confidential and will not disclose principles or patentable features; nor will it disclose to persons other than the applicant the results of tests, chemical analysis of materials or any details of the applicant's drawings, specifications, instructions, and related material.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <CITA>[33 FR 4660, Mar. 19, 1968; 33 FR 6345, Apr. 26, 1968, as amended at 57 FR 61223, Dec. 23, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.10</SECTNO> <SUBJECT>Notice of approval or disapproval.</SUBJECT> <P>(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.</P> <P>(b) A formal notice of approval will be accompanied by a list of drawings, specifications, and related material, covering the details of design and construction of the equipment upon which the approval is based. Applicants shall keep exact duplicates of the drawings, specifications, and descriptions that relate to equipment for which an approval has been issued, and the drawings and specifications shall be adhered to exactly in production of the approved equipment.</P> <P>(c) An applicant shall not advertise or otherwise represent his equipment as approved (permissible) until he has received MSHA's formal notice of approval.</P> </SECTION> <SECTION> <SECTNO>§ 18.11</SECTNO> <SUBJECT>Approval plate.</SUBJECT> <P>(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.</P> <P>(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.)</P> <P>(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.</P> <P>(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 <PRTPAGE P="99"/>drawings, specifications, and descriptions upon which the approval and subsequent extension(s) of approval were based.</P> <P>(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.</P> <CITA>[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.12</SECTNO> <SUBJECT>Letter of certification.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 18.13</SECTNO> <SUBJECT>Certification plate.</SUBJECT> <P>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: </P> <EXTRACT> <FP SOURCE="FP-1">Certified as complying with the applicable requirements of 30 CFR part ____.</FP> <FP SOURCE="FP-1">Certification No.____.</FP> </EXTRACT> <FP>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.</FP> </SECTION> <SECTION> <SECTNO>§ 18.14</SECTNO> <SUBJECT>Identification of tested noncertified explosion-proof enclosures.</SUBJECT> <P>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 <FR>1/4</FR> inch in height, enclosed in a circle not less than 1 inch in diameter.</P> <CITA>[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978] st</CITA> </SECTION> <SECTION> <SECTNO>§ 18.15</SECTNO> <SUBJECT>Changes after approval or certification.</SUBJECT> <P>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:</P> <P>(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.</P> <P>(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:</P> <P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization;</P> <P>(ii) Complete technical explanation of how the product complies with each <PRTPAGE P="100"/>requirement in the applicable MSHA product approval requirements;</P> <P>(iii) Identification of components or features of the product that are critical to the safety of the product; and</P> <P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.</P> <P>(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.</P> <P>(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.</P> <P>(d) Revisions in drawings or specifications that do not involve actual change in the explosion-proof features of equipment may be handled informally.</P> <CITA>[43 FR 12313, Mar. 24, 1978, as amended at 52 FR 17514, May 8, 1987; 68 FR 36419, June 17, 2003]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.16</SECTNO> <SUBJECT>Withdrawal of approval, certification, or acceptance.</SUBJECT> <P>MSHA reserves the right to rescind, for cause, any approval, certification, acceptance, or extension thereof, issued under this part.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Construction and Design Requirements</HD> <SECTION> <SECTNO>§ 18.20</SECTNO> <SUBJECT>Quality of material, workmanship, and design.</SUBJECT> <P>(a) Electrically operated equipment intended for use in coal mines shall be rugged in construction and shall be designed to facilitate inspection and maintenance.</P> <P>(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.</P> <P>(c) Moving parts, such as rotating saws, gears, and chain drives, shall be guarded to prevent personal injury.</P> <P>(d) Flange joints and lead entrances shall be accessible for field inspection, where practicable.</P> <P>(e) An audible warning device shall be provided on each mobile machine that travels at a speed greater than 2.5 miles per hour.</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 18.21</SECTNO> <SUBJECT>Machines equipped with powered dust collectors.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 18.22</SECTNO> <SUBJECT>Boring-type machines equipped for auxiliary face ventilation.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 18.23</SECTNO> <SUBJECT>Limitation of external surface temperatures.</SUBJECT> <P>The temperature of the external surfaces of mechanical or electrical components shall not exceed 150 °C. (302 °F.) under normal operating conditions.</P> </SECTION> <SECTION> <PRTPAGE P="101"/> <SECTNO>§ 18.24</SECTNO> <SUBJECT>Electrical clearances.</SUBJECT> <P>Minimum clearances between uninsulated electrical conductor surfaces, or between uninsulated conductor surfaces and grounded metal surfaces, within the enclosure shall be as follows:</P> <GPOTABLE CDEF="s64,6.2,6.2" COLS="3" OPTS="L2"> <TTITLE>Minimum Clearances Between Uninsulated Surfaces</TTITLE> <BOXHD> <CHED H="1">Phase-to-Phase Voltage (rms)</CHED> <CHED H="1">Clearances (inches)</CHED> <CHED H="2">Phase-to-Phase</CHED> <CHED H="2">Phase-to-Ground or Control Circuit</CHED> </BOXHD> <ROW> <ENT I="01">0 to 250</ENT> <ENT>0.25</ENT> <ENT>0.25</ENT> </ROW> <ROW> <ENT I="01">251 to 600</ENT> <ENT>0.28</ENT> <ENT>0.25</ENT> </ROW> <ROW> <ENT I="01">601 to 1000</ENT> <ENT>0.61</ENT> <ENT>0.25</ENT> </ROW> <ROW> <ENT I="01">1001 to 2400</ENT> <ENT>1.4</ENT> <ENT>0.6</ENT> </ROW> <ROW> <ENT I="01">2401 to 4160</ENT> <ENT>3.0</ENT> <ENT>1.4</ENT> </ROW> </GPOTABLE> <CITA>[57 FR 61209, Dec. 23, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.25</SECTNO> <SUBJECT>Combustible gases from insulating material.</SUBJECT> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 18.26</SECTNO> <SUBJECT>Static electricity.</SUBJECT> <P>Nonmetallic rotating parts, such as belts and fans, shall be provided with a means to prevent an accumulation of static electricity.</P> </SECTION> <SECTION> <SECTNO>§ 18.27</SECTNO> <SUBJECT>Gaskets.</SUBJECT> <P>A gasket(s) shall not be used between any two surfaces forming a flame-arresting path except as follows:</P> <P>(a) A gasket of lead, elastomer, or equivalent will be acceptable provided the gasket does not interfere with an acceptable metal-to-metal joint.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 18.28</SECTNO> <SUBJECT>Devices for pressure relief, ventilation, or drainage.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(c) Devices for pressure relief, ventilation, or drainage will be acceptable for application only on enclosures with which they are explosion tested.</P> </SECTION> <SECTION> <SECTNO>§ 18.29</SECTNO> <SUBJECT>Access openings and covers, including unused lead-entrance holes.</SUBJECT> <P>(a) Access openings in explosion-proof enclosures will be permitted only where necessary for maintenance of internal parts such as motor brushes and fuses.</P> <P>(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.)</P> <P>(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.)</P> </SECTION> <SECTION> <SECTNO>§ 18.30</SECTNO> <SUBJECT>Windows and lenses.</SUBJECT> <P>(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 § 18.66 and shall be sealed in place or provided with flange joints in accordance with § 18.31.</P> <P>(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 <PRTPAGE P="102"/>be provided with guarding or equivalent.</P> </SECTION> <SECTION> <SECTNO>§ 18.31</SECTNO> <SUBJECT>Enclosures—joints and fastenings.</SUBJECT> <P>(a) Explosion-proof enclosures:</P> <P>(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.</P> <P>(2) Welded joints forming an enclosure shall have continuous gas-tight welds. All welds shall be made in accordance with American Welding Society standards.</P> <P>(3) External rotating parts shall not be constructed of aluminum alloys containing more than 0.6 percent magnesium.</P> <P>(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 § 18.67).</P> <P>(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.</P> <P>(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:</P> <GPOTABLE CDEF="s150,12,12,12" COLS="4" OPTS="L2"> <TTITLE>Explosion-Proof Requirements Based on Volume</TTITLE> <BOXHD> <CHED H="1"/> <CHED H="1">Volume of empty enclosure</CHED> <CHED H="2">Less than 45 cu. in.</CHED> <CHED H="2">45 to 124 cu. in. inclusive</CHED> <CHED H="2">More than 124 cu. in.</CHED> </BOXHD> <ROW> <ENT I="01">Minimum thickness of material for walls <SU>1</SU> </ENT> <ENT> <FR>1/8</FR>″</ENT> <ENT> <FR>3/16</FR>″</ENT> <ENT> <FR>1/4</FR>″</ENT> </ROW> <ROW> <ENT I="01">Minimum thickness of material for flanges and covers</ENT> <ENT> <SU>2</SU> <FR>1/4</FR>″</ENT> <ENT> <SU>3</SU> <FR>3/8</FR>″</ENT> <ENT> <SU>3</SU> <FR>1/2</FR>″</ENT> </ROW> <ROW> <ENT I="01">Minimum width of joint; all in one plane <SU>4</SU> </ENT> <ENT> <FR>1/2</FR>″</ENT> <ENT> <FR>3/4</FR>″</ENT> <ENT>1″</ENT> </ROW> <ROW> <ENT I="01">Maximum clearance; joint all in one plane</ENT> <ENT>0.002″</ENT> <ENT>0.003″</ENT> <ENT>0.004″</ENT> </ROW> <ROW> <ENT I="01">Minimum width of joint, portions of which are in different planes; cylinders or equivalent <SU>4,5</SU> </ENT> <ENT> <FR>3/8</FR>″</ENT> <ENT> <FR>5/8</FR>″</ENT> <ENT> <FR>3/4</FR>″</ENT> </ROW> <ROW> <ENT I="11">Maximum clearances; joint in two or more planes, cylinders or equivalent:</ENT> </ROW> <ROW> <ENT I="03">(a) Portion perpendicular to plane <SU>6</SU> </ENT> <ENT>0.008″</ENT> <ENT>0.008″</ENT> <ENT>0.008″</ENT> </ROW> <ROW> <ENT I="03">(b) Plane portion</ENT> <ENT>0.006″</ENT> <ENT>0.006″</ENT> <ENT>0.006″</ENT> </ROW> <ROW> <ENT I="01">Maximum bolt <SU>7,8</SU> spacing; joints all in one plane</ENT> <ENT>(<SU>16</SU>)</ENT> <ENT>(<SU>16</SU>)</ENT> <ENT>(<SU>16</SU>)</ENT> </ROW> <ROW> <ENT I="01">Maximum bolt spacing; joints, portions of which are in different planes</ENT> <ENT>(<SU>9</SU>)</ENT> <ENT>(<SU>9</SU>)</ENT> <ENT>(<SU>9</SU>)</ENT> </ROW> <ROW> <ENT I="01">Minimum diameter of bolt (without regard to type of joint)</ENT> <ENT> <FR>1/4</FR>″</ENT> <ENT> <FR>1/4</FR>″</ENT> <ENT> <FR>3/8</FR>″</ENT> </ROW> <ROW> <ENT I="01">Minimum thread engagement <SU>10</SU> </ENT> <ENT> <FR>1/4</FR>″</ENT> <ENT> <FR>1/4</FR>″</ENT> <ENT> <FR>3/8</FR>″</ENT> </ROW> <ROW> <ENT I="01">Maximum diametrical clearance between bolt body and unthreaded holes through which it passes <SU>8,11,12</SU> </ENT> <ENT> <FR>1/64</FR>″</ENT> <ENT> <FR>1/32</FR>″</ENT> <ENT> <FR>1/16</FR>″</ENT> </ROW> <ROW> <ENT I="11">Minimum distance from interior of enclosure to the edge of a bolt hole: <SU>8,13</SU> </ENT> </ROW> <ROW> <ENT I="03">Joint—minimum width 1″</ENT> <ENT/> <ENT/> <ENT> <SU>14</SU> <FR>7/16</FR>″</ENT> </ROW> <ROW RUL="s"> <ENT I="03">Joint—less than 1″ wide</ENT> <ENT> <FR>1/8</FR>″</ENT> <ENT> <FR>3/16</FR>″</ENT> <ENT/> </ROW> <ROW EXPSTB="03" RUL="s"> <ENT I="21">Cylindrical joints</ENT> </ROW> <ROW EXPSTB="00"> <ENT I="11">Shaft centered by ball or roller bearings:</ENT> </ROW> <ROW> <ENT I="03">Minimum length of flame-arresting path</ENT> <ENT> <FR>1/2</FR>″</ENT> <ENT> <FR>3/4</FR>″</ENT> <ENT>1″</ENT> </ROW> <ROW> <ENT I="03">Maximum diametrical clearance</ENT> <ENT>0.020″</ENT> <ENT>0.025″</ENT> <ENT>0.030″</ENT> </ROW> <ROW> <ENT I="11">Other cylindrical joints: <SU>15</SU> </ENT> </ROW> <ROW> <ENT I="03">Minimum length of flame-arresting path</ENT> <ENT> <FR>1/2</FR>″</ENT> <ENT> <FR>3/4</FR>″</ENT> <ENT>1″</ENT> </ROW> <ROW> <ENT I="03">Maximum diametrical clearance</ENT> <ENT>0.006″</ENT> <ENT>0.008″</ENT> <ENT>0.010″</ENT> </ROW> <TNOTE> <SU>1</SU> This is the minimal nominal dimension when applied to standard steel plate.</TNOTE> <TNOTE> <SU>2</SU> <FR>1/32</FR> inch less is allowable for machining rolled plate.</TNOTE> <TNOTE> <SU>3</SU> <FR>1/16</FR> inch less is allowable for machining rolled plate.</TNOTE> <TNOTE> <SU>4</SU> 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.</TNOTE> <TNOTE> <SU>5</SU> If only two planes are involved, neither portion of a joint shall be less than <FR>1/8</FR> 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-and-groove joints) the combined lengths of those portions having prescribed clearances are considered.</TNOTE> <TNOTE> <SU>6</SU> The allowable diametrical clearance is 0.008 inch when the portion perpendicular to the plane portion is <FR>1/4</FR> inch or greater in length. If the perpendicular portion is more than <FR>1/8</FR> inch but less than <FR>1/4</FR> inch wide, the diametrical clearance shall not exceed 0.006 inch.<PRTPAGE P="103"/> </TNOTE> <TNOTE> <SU>7</SU> Where the term “bolt” is used, it refers to a machine bolt or a cap screw, and for either of these studs may be substituted provided the studs, bottom in blind holes, are completely welded in place, or the bottom of the hole is closed with a plug secured by weld or braze. Bolts shall be provided at all corners.</TNOTE> <TNOTE> <SU>8</SU> The requirements as to diametrical clearance around the bolt and minimum distance from the bolt hole to the inside of the explosion-proof enclosure apply to steel dowel pins. In addition, when such pins are used, the spacing between centers of the bolts on either side of the pin shall not exceed 5 inches.</TNOTE> <TNOTE> <SU>9</SU> Adequacy of bolt spacing will be judged on the basis of size and configuration of the enclosure, strength of materials, and explosion test results.</TNOTE> <TNOTE> <SU>10</SU> In general, minimum thread engagement shall be equal to or greater than the diameter of the bolt specified.</TNOTE> <TNOTE> <SU>11</SU> Threaded holes for fastening bolts shall be machined to remove burrs or projections that affect planarity of a surface forming a flame-arresting path.</TNOTE> <TNOTE> <SU>12</SU> This maximum clearance applies only when the bolt is located within the flamepath.</TNOTE> <TNOTE> <SU>13</SU> The edge of the bolt hole shall include the edge of any machining done to the bolt hole, such as chamfering.</TNOTE> <TNOTE> <SU>14</SU> Less than <FR>7/16</FR>″ (<FR>1/4</FR>″ minimum) will be acceptable provided the diametrical clearance for fastening bolts does not exceed <FR>1/32</FR>″.</TNOTE> <TNOTE> <SU>15</SU> Shafts or operating rods through journal bearings shall be at least <FR>1/4</FR>″ 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.</TNOTE> <TNOTE> <SU>16</SU> 6″ with a minimum of 4 bolts.</TNOTE> </GPOTABLE> <P>(7) O-rings, if used in a flame-arresting path, shall meet the following:</P> <P>(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).</P> <P>(ii) When the flame-arresting path is one of the plane-cylindrical type (step joint), the o-ring shall be located at least <FR>1/2</FR> 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).</P> <P>(8) Mating parts comprising a pressed fit shall result in a minimum interference of 0.001 inch between the parts. The minimum length of the pressed fit shall be equal to the minimum thickness requirement of paragraph (a)(6) of this section for the material in which the fit is made.</P> <P>(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.</P> <P>(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.</P> <CITA>[33 FR 4660, Mar. 19, 1968, as amended at 57 FR 61209, Dec. 23, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.32</SECTNO> <SUBJECT>Fastenings—additional requirements.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(c) Fastenings shall be as uniform in size as practicable to preclude improper assembly.</P> <P>(d) Holes for fastenings shall not penetrate to the interior of an explosion-proof enclosure, except as provided in paragraph (a)(9) of § 18.34, and shall be threaded to insure that a specified bolt or screw will not bottom even if its lockwasher is omitted.</P> <P>(e) A minimum of <FR>1/8</FR>-inch of stock shall be left at the center of the bottom of each hole drilled for fastenings.</P> <P>(f) Fastenings used for joints on explosion-proof enclosures shall not be used for attaching nonessential parts or for making electrical connections.</P> <P>(g) The acceptable sizes for and spacings of fastenings shall be determined by the size of the enclosure, as indicated in § 18.31.<PRTPAGE P="104"/> </P> <P>(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.</P> <P>(i) Coil-thread inserts, if used in holes for fastenings, shall meet the following:</P> <P>(1) The inserts shall have internal screw threads.</P> <P>(2) The holes for the inserts shall be drilled and tapped consistent with the insert manufacturer's specifications.</P> <P>(3) The inserts shall be installed consistent with the insert manufacturer's specifications.</P> <P>(4) The insert shall be of sufficient length to ensure the minimum thread engagement of fastening specified in § 18.31(a)(6) of this part.</P> <CITA>[33 FR 4660, Mar. 19, 1968, as amended at 57 FR 61210, Dec. 23, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.33</SECTNO> <SUBJECT>Finish of surface joints.</SUBJECT> <P>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 § 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.</P> <CITA>[57 FR 61210, Dec. 23, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.34</SECTNO> <SUBJECT>Motors.</SUBJECT> <P>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.</P> <P>(a) <E T="03">General.</E> (1) Motors shall have explosion-proof enclosures.</P> <P>(2) Motors submitted to MSHA for test shall be equipped with unshielded bearings regardless of whether that type of bearing is specified.</P> <P>(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.</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>For example, a shaft with a diameter greater than 2 inches at the flame-arresting portion might require such machining.</P> </NOTE> <P>(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 § 18.31.</P> <P>(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 § 18.31.</P> <P>(6) Oil seals shall be removed from motors prior to submission for explosion tests.</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>Oil seals will be removed from motors prior to explosion tests and therefore may be omitted from motors submitted for investigation.</P> </NOTE> <P>(7) Openings for filling and draining bearing lubricants shall be so located as to prevent escape of flame through them.</P> <P>(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.</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>The outer bearing cap will be omitted during explosion tests unless it houses the bearing.</P> </NOTE> <P>(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.</P> <P>(b) <E T="03">Direct-current motors.</E> For direct-current motors with narrow interpoles, <PRTPAGE P="105"/>the distance from the edge of the pole piece to any bolt hole in the frame shall be not less than <FR>1/8</FR> inch. If the distance is <FR>1/8</FR> to <FR>1/4</FR> inch, the diametrical clearance for the pole bolt shall not exceed <FR>1/64</FR> inch for not less than <FR>1/2</FR> 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.</P> <P>(c) <E T="03">Alternating-current motors.</E> 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 <FR>1/4</FR> 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 <FR>1/8</FR> inch between adjacent laminations or between end rings and laminations.</P> <P>(d) <E T="03">Small motors (alternating- and direct-current).</E> 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:</P> <GPOTABLE CDEF="s18,9,8,10" COLS="4" OPTS="L2"> <TTITLE>Dimensions of Rabbet Joints—Inches</TTITLE> <BOXHD> <CHED H="1">Minimum total width</CHED> <CHED H="1">Min. width of clamped radial <LI>portion</LI> </CHED> <CHED H="1">Max. clearance of radial portion</CHED> <CHED H="1">Max. <LI>diametrical clearance at axial portion</LI> </CHED> </BOXHD> <ROW> <ENT I="01"> <FR>3/8</FR> </ENT> <ENT> <FR>3/64</FR> </ENT> <ENT>0.0015</ENT> <ENT>0.003</ENT> </ROW> <ROW> <ENT I="01"> <FR>1/2</FR> </ENT> <ENT> <FR>3/64</FR> </ENT> <ENT>.002</ENT> <ENT>.003</ENT> </ROW> <ROW> <ENT I="01"> <FR>1/2</FR> </ENT> <ENT> <FR>3/32</FR> </ENT> <ENT>.002</ENT> <ENT>.004</ENT> </ROW> </GPOTABLE> <CITA>[33 FR 4660, Mar. 19, 1968, as amended at 57 FR 61210, Dec. 23, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.35</SECTNO> <SUBJECT>Portable (trailing) cables and cords.</SUBJECT> <P>(a) Portable cables and cords used to conduct electrical energy to face equipment shall conform to the following:</P> <P>(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.)</P> <P>(2) Have current-carrying conductors not smaller than No. 14 (AWG). Cords with sizes 14 to 10 (AWG) conductors shall be constructed with heavy jackets, the diameters of which are given in Table 6 in Appendix I.</P> <P>(3) Be accepted as flame resistant under this part or approved under subpart K of part 7 of this chapter.</P> <P>(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.</P> <P>(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:</P> <P>(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.”</P> <P>(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.</P> <P>(6) Have nominal outside dimensions consistent with IPCEA standards. (See Tables 4, 5, 6, and 7 in Appendix I.)</P> <P>(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.</P> <P>(8) Have not more than five well-made temporary splices in a single length of portable cable.</P> <P>(b) Sectionalized portable cables will be acceptable provided the connectors used inby the last open crosscut in a gassy mine meet the requirements of § 18.41.</P> <P>(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.<PRTPAGE P="106"/> </P> <P>(d) Suitable provisions shall be made to facilitate disconnection of portable cable quickly and conveniently for replacement.</P> <CITA>[33 FR 4660, Mar. 19, 1968; 33 FR 6343, Apr. 26, 1968, as amended at 57 FR 61223, Dec. 23, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.36</SECTNO> <SUBJECT>Cables between machine components.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 18.37</SECTNO> <SUBJECT>Lead entrances.</SUBJECT> <P>(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.</P> <P>(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 <FR>1/8</FR> 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.)</P> <P>(c) Packing nuts and stuffing boxes shall be secured against loosening.</P> <P>(d) Compressed packing material shall be in contact with the cable jacket for a length of not less than <FR>1/2</FR> inch.</P> <P>(e) Special requirements for glands in which asbestos-packing material is specified are:</P> <P>(1) Asbestos-packing material shall be untreated, not less than <FR>3/16</FR>-inch diameter if round, or not less than <FR>3/16</FR> by <FR>3/16</FR> 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.</P> <P>(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.</P> <P>(f) Special requirements for glands in which a compressible material (example—synthetic elastomers) other than asbestos is specified, are:</P> <P>(1) The packing material shall be flame resistant.</P> <P>(2) The radial clearance between the cable jacket and the nominal inside diameter of the packing material shall not exceed <FR>1/32</FR>-inch, based on the nominal specified diameter of the cable.</P> <P>(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 <FR>1/32</FR>-inch.</P> <CITA>[33 FR 4660, Mar. 19, 1968, as amended at 57 FR 61210, Dec. 23, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.38</SECTNO> <SUBJECT>Leads through common walls.</SUBJECT> <P>(a) Insulated studs will be acceptable for use in a common wall between two explosion-proof enclosures.</P> <P>(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 <PRTPAGE P="107"/>the diametrical clearance between the wire or cable insulation and the holes in the bushings shall not exceed <FR>1/16</FR>-inch (based on the nominal specified diameter of the cable). The insulating bushings shall be secured in the metal wall.</P> <P>(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.</P> <P>(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.</P> <P>(e) Openings through common walls between explosion-proof enclosures not provided with bushings or sealing compound, shall be large enough to prevent pressure piling.</P> </SECTION> <SECTION> <SECTNO>§ 18.39</SECTNO> <SUBJECT>Hose conduit.</SUBJECT> <P>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 <FR>3/16</FR> inch. The flame resistance of hose conduit will be determined in accordance with the requirements of § 18.65.</P> </SECTION> <SECTION> <SECTNO>§ 18.40</SECTNO> <SUBJECT>Cable clamps and grips.</SUBJECT> <P>Insulated clamps shall be provided for all portable (trailing) cables to prevent strain on the cable terminals of a machine. Also insulated clamps shall be provided to prevent strain on both ends of each cable or cord leading from a machine to a detached or separately mounted component. Cable grips anchored to the cable may be used in lieu of insulated strain clamps. Supporting clamps for cables used for wiring around machines shall be provided in a manner acceptable to MSHA.</P> </SECTION> <SECTION> <SECTNO>§ 18.41</SECTNO> <SUBJECT>Plug and receptacle-type connectors.</SUBJECT> <P>(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:</P> <P>(1) Connectors in which the mating or separation of the male and female electrodes is accomplished within an explosion-proof enclosure.</P> <P>(2) Connectors that are mechanically or electrically interlocked with an automatic circuit-interrupting device.</P> <P>(i) <E T="03">Mechanically interlocked connectors.</E> 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.</P> <P>(ii) <E T="03">Electrically interlocked connectors.</E> 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.</P> <P>(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.</P> <P>(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.</P> <P>(c) Conductors shall be securely attached to the electrodes in a plug or receptacle and the connections shall be totally enclosed.</P> <P>(d) Molded-elastomer connectors will be acceptable provided:<PRTPAGE P="108"/> </P> <P>(1) Any free space within the plug or receptacle is isolated from the exterior of the plug.</P> <P>(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.</P> <P>(e) The contacts of all line-side connectors shall be shielded or recessed adequately.</P> <P>(f) For a mobile battery-powered machine, a plug and receptacle-type connector will be acceptable in lieu of an interlock provided:</P> <P>(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,</P> <P>(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,</P> <P>(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.</P> <CITA>[33 FR 4660, Mar. 19, 1968, as amended at 68 FR 37082, June 23, 2003]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.42</SECTNO> <SUBJECT>Explosion-proof distribution boxes.</SUBJECT> <P>(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.</P> <P>(b) Short-circuit protection shall be provided for each branch circuit connected to a distribution box. The current-carrying capacity of the specified connector shall be compatible with the automatic circuit-interrupting device.</P> <P>(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.</P> <P>(d) Provision shall be made to relieve mechanical strain on all connectors to distribution boxes.</P> </SECTION> <SECTION> <SECTNO>§ 18.43</SECTNO> <SUBJECT>Explosion-proof splice boxes.</SUBJECT> <P>Internal connections shall be rigidly held and adequately insulated. Strain clamps shall be provided for all cables entering a splice box.</P> </SECTION> <SECTION> <SECTNO>§ 18.44</SECTNO> <SUBJECT>Non-intrinsically safe battery-powered equipment.</SUBJECT> <P>(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.</P> <P>(b) Battery box covers shall be secured in a closed position.</P> <P>(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.</P> <CITA>[53 FR 23500, June 22, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.45</SECTNO> <SUBJECT>Cable reels.</SUBJECT> <P>(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.</P> <P>(b) The enclosure for moving contacts or slip rings of a cable reel shall be explosion-proof.</P> <P>(c) Cable-reel bearings shall not constitute an integral part of a circuit for transmitting electrical energy.</P> <P>(d) Cable reels for shuttle cars and locomotives shall maintain positive tension on the portable cable during reeling and unreeling. Such tension shall <PRTPAGE P="109"/>only be high enough to prevent a machine from running over its own cable(s).</P> <P>(e) Cable reels and spooling devices shall be insulated with flame-resistant material.</P> <P>(f) The maximum speed of travel of a machine when receiving power through a portable (trailing) cable shall not exceed 6 miles per hour.</P> <P>(g) Diameters of cable reel drums and sheaves should be large enough to prevent undue bending strain on cables.</P> </SECTION> <SECTION> <SECTNO>§ 18.46</SECTNO> <SUBJECT>Headlights.</SUBJECT> <P>(a) Headlights shall be constructed as explosion-proof enclosures.</P> <P>(b) Headlights shall be mounted to provide illumination where it will be most effective. They shall be protected from damage by guarding or location.</P> <P>(c) Lenses for headlights shall be glass or other suitable material with physical characteristics equivalent to <FR>1/2</FR>-inch thick tempered glass, such as “Pyrex.” Lenses shall meet the requirements of the tests prescribed in § 18.66.</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 18.47</SECTNO> <SUBJECT>Voltage limitation.</SUBJECT> <P>(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.</P> <P>(b) A battery-powered machine shall not have a nameplate rating exceeding 240 volts, nominal (120 lead-acid cells or equivalent).</P> <P>(c) Other direct-current machines shall not have a nameplate rating exceeding 550 volts.</P> <P>(d) An alternating-current machine shall not have a nameplate rating exceeding 660 volts, except that a machine may have a nameplate rating greater than 660 volts but not exceeding 4,160 volts when the following conditions are complied with:</P> <P>(1) Adequate clearances and insulation for the particular voltage(s) are provided in the design and construction of the equipment, its wiring, and accessories.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(6) MSHA reserves the right to require additional safeguards for high-voltage equipment, or modify the requirements to recognize improved technology.</P> </SECTION> <SECTION> <SECTNO>§ 18.48</SECTNO> <SUBJECT>Circuit-interrupting devices.</SUBJECT> <P>(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.</P> <P>(b) When impracticable to mount the main-circuit-interrupting device on a <PRTPAGE P="110"/>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.</P> <P>(c) Separate two-pole switches shall be provided to deenergize power conductors for headlights or floodlights.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>Short transfer-type conveyors will be exempted from this requirement when attended.</P> </NOTE> </SECTION> <SECTION> <SECTNO>§ 18.49</SECTNO> <SUBJECT>Connection boxes on machines.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 18.50</SECTNO> <SUBJECT>Protection against external arcs and sparks.</SUBJECT> <P>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:</P> <P>(a) A separate conductor(s) in the portable cable in addition to the power conductors by which the machine frame can be connected to an acceptable grounding medium, and a separate conductor in all cables connecting related components not on a common chassis. The cross-sectional area of the additional conductor(s) shall not be less than 50 percent of that of one power conductor unless a ground-fault tripping relay is used, in which case the minimum size may be No. 8 (AWG). Cables smaller than No. 6 (AWG) shall have an additional conductor(s) of the same size as one power conductor.</P> <P>(b) A means of actuating a circuit-interrupting device, preferably at the outby end of the portable cable.</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>The frame to ground potential shall not exceed 40 volts.</P> </NOTE> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 18.51</SECTNO> <SUBJECT>Electrical protection of circuits and equipment.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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 <PRTPAGE P="111"/>changing the circuit interrupter to the grounded line.</P> <P>(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.</P> <P>(c) Circuit-interrupting devices shall be so designed that they can be reset without opening the compartment in which they are enclosed.</P> <P>(d) All magnetic circuit-interrupting devices shall be mounted in a manner to preclude the possibility of their closing by gravity.</P> </SECTION> <SECTION> <SECTNO>§ 18.52</SECTNO> <SUBJECT>Renewal of fuses.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 18.53</SECTNO> <SUBJECT>High-voltage longwall mining systems.</SUBJECT> <P>(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.</P> <P>(b) Each cover of a compartment in the high-voltage motor-starter enclosure containing high-voltage components must be equipped with at least two interlock switches arranged to automatically deenergize the high-voltage components within that compartment when the cover is removed.</P> <P>(c) Circuit-interrupting devices must be designed and installed to prevent automatic reclosure.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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—</P> <P>(i) Visual observation determines that the contacts are open without removing any cover;</P> <P>(ii) The load-side power conductors are grounded when the device is in the “open” position;</P> <P>(iii) The device can be locked in the “open” position;</P> <P>(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</P> <P>(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 <PRTPAGE P="112"/>the device must be capable of interrupting the full-load current of the circuit.</P> <P>(g) Control circuits for the high-voltage motor starters must be interlocked with the disconnect device so that—</P> <P>(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</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(k) Safeguards against corona must be provided on all 4,160 voltage circuits in explosion-proof enclosures.</P> <P>(l) The maximum pressure rise within an explosion-proof enclosure containing high-voltage switchgear must be limited to 0.83 times the design pressure.</P> <P>(m) High-voltage electrical components located in high-voltage explosion-proof enclosures must not be coplanar with a single plane flame-arresting path.</P> <P>(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:</P> <GPOTABLE CDEF="s50,xls40,13,13,13,13" COLS="6" OPTS="L2"> <TTITLE>Minimum Creepage Distances</TTITLE> <BOXHD> <CHED H="1">Phase to phase voltage</CHED> <CHED H="1">Points of<LI>measure</LI> </CHED> <CHED H="1">Minimum creepage distances (inches) for comparative tracking index (CTI) range <SU>1</SU> </CHED> <CHED H="2">CTI≥500</CHED> <CHED H="2">380≤CTI<500</CHED> <CHED H="2">175≤CTI<380</CHED> <CHED H="2">CTI<175</CHED> </BOXHD> <ROW> <ENT I="01">2,400</ENT> <ENT>0-0<LI>0-G</LI> </ENT> <ENT>1.50<LI>1.00</LI> </ENT> <ENT>1.95<LI>1.25</LI> </ENT> <ENT>2.40<LI>1.55</LI> </ENT> <ENT>2.90<LI>1.85</LI> </ENT> </ROW> <ROW> <ENT I="01">4,160</ENT> <ENT>0-0<LI>0-G</LI> </ENT> <ENT>2.40<LI>1.50</LI> </ENT> <ENT>3.15<LI>1.95</LI> </ENT> <ENT>3.90<LI>2.40</LI> </ENT> <ENT>4.65<LI>2.90</LI> </ENT> </ROW> <TNOTE> <SU>1</SU> Assumes that all insulation is rated for the applied voltage or higher.</TNOTE> </GPOTABLE> <P>(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:</P> <GPOTABLE CDEF="s50,10,10,10,10,10,10" COLS="7" OPTS="L2"> <TTITLE>High-Voltage Minimum Free Distances (MFD)</TTITLE> <BOXHD> <CHED H="1">Wall/cover thickness (in)</CHED> <CHED H="1">Steel MFD (in)</CHED> <CHED H="2">A <SU>1</SU> </CHED> <CHED H="2">B <SU>2</SU> </CHED> <CHED H="2">C <SU>3</SU> </CHED> <CHED H="1">Aluminum MFD (in)</CHED> <CHED H="2">A</CHED> <CHED H="2">B</CHED> <CHED H="2">C</CHED> </BOXHD> <ROW> <ENT I="01"> <FR>1/4</FR> </ENT> <ENT>2.8</ENT> <ENT>4.3</ENT> <ENT>5.8</ENT> <ENT> <SU>4</SU> NA</ENT> <ENT> <SU>4</SU> NA</ENT> <ENT> <SU>4</SU> NA</ENT> </ROW> <ROW> <ENT I="01"> <FR>3/8</FR> </ENT> <ENT>1.8</ENT> <ENT>2.3</ENT> <ENT>3.9</ENT> <ENT>8.6</ENT> <ENT>12.8</ENT> <ENT>18.1</ENT> </ROW> <ROW> <ENT I="01"> <FR>1/2</FR> </ENT> <ENT>* 1.2</ENT> <ENT>2.0</ENT> <ENT>2.7</ENT> <ENT>6.5</ENT> <ENT>9.8</ENT> <ENT>13.0</ENT> </ROW> <ROW> <ENT I="01"> <FR>5/8</FR> </ENT> <ENT>* 0.9</ENT> <ENT>1.5</ENT> <ENT>2.1</ENT> <ENT>5.1</ENT> <ENT>7.7</ENT> <ENT>10.4</ENT> </ROW> <ROW> <ENT I="01"> <FR>3/4</FR> </ENT> <ENT>* 0.6</ENT> <ENT>* 1.1</ENT> <ENT>1.6</ENT> <ENT>4.1</ENT> <ENT>6.3</ENT> <ENT>8.6</ENT> </ROW> <ROW> <ENT I="01">1</ENT> <ENT>(*)</ENT> <ENT>* 0.6</ENT> <ENT>* 1.0</ENT> <ENT>2.9</ENT> <ENT>4.5</ENT> <ENT>6.2</ENT> </ROW> <TNOTE> <E T="04">Note:</E> * The minimum electrical clearances must still be maintained.</TNOTE> <TNOTE> <SU>1</SU> Column A specifies the MFD for enclosures that have available 3-phase bolted short-circuit currents of 10,000 amperes rms or less.</TNOTE> <TNOTE> <SU>2</SU> 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.</TNOTE> <TNOTE> <SU>3</SU> 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.<PRTPAGE P="113"/> </TNOTE> <TNOTE> <SU>4</SU> Not Applicable—MSHA doesn't allow aluminum wall or covers to be <FR>1/4</FR> inch or less in thickness (Section 18.31).</TNOTE> </GPOTABLE> <P>(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.</P> <P>(i) Steel Wall/Cover:</P> <GPH DEEP="26" SPAN="2"> <GID>ER23NO04.000</GID> </GPH> <P>(ii) Aluminum Wall/Cover:</P> <GPH DEEP="26" SPAN="2"> <GID>ER23NO04.001</GID> </GPH> <EXTRACT> <FP>Where C is 1.4 for 2,400 volt systems or 3.0 for 4,160 volt systems, I<E T="52">sc</E> 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.</FP> </EXTRACT> <P>(2) The minimum free distance must be increased by 1.5 inches for 4,160 volt systems and 0.7 inches for 2,400 volt systems when the adjacent wall area is the top of the enclosure. If a steel shield is mounted in conjunction with an aluminum wall or cover, the thickness of the steel shield is used to determine the minimum free distances.</P> <P>(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.</P> <P>(1) <E T="03">Test procedure.</E> (i) The enclosure must be internally pressurized to at least the design pressure, maintaining the pressure for a minimum of 10 seconds.</P> <P>(ii) Following the pressure hold, the pressure must be removed and the pressurizing agent removed from the enclosure.</P> <P>(2) <E T="03">Acceptable performance.</E> (i) The enclosure during pressurization must not exhibit—</P> <P>(A) Leakage through welds or casting; or</P> <P>(B) Rupture of any part that affects the explosion-proof integrity of the enclosure.</P> <P>(ii) The enclosure following removal of the pressurizing agents must not exhibit—</P> <P>(A) Visible cracks in welds;</P> <P>(B) Permanent deformation exceeding 0.040 inches per linear foot; or</P> <P>(C) Excessive clearances along flame-arresting paths following retightening of fastenings, as necessary.</P> <CITA>[67 FR 10999, Mar. 11, 2002; 69 FR 68078, Nov. 23, 2004; 69 FR 70752, Dec. 7, 2004]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Inspections and Tests</HD> <SECTION> <SECTNO>§ 18.60</SECTNO> <SUBJECT>Detailed inspection of components.</SUBJECT> <P>An inspection of each electrical component shall include the following:</P> <P>(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 <PRTPAGE P="114"/>have been met with respect to materials, dimensions, configuration, workmanship, and adequacy of drawings and specifications.</P> <P>(b) Exact measurement of joints, journal bearings, and other flame-arresting paths.</P> <P>(c) Examination for unnecessary through holes.</P> <P>(d) Examination for adequacy of lead-entrance design and construction.</P> <P>(e) Examination for adequacy of electrical insulation and clearances between live parts and between live parts and the enclosure.</P> <P>(f) Examination for weaknesses in welds and flaws in castings.</P> <P>(g) Examination for distortion of enclosures before tests.</P> <P>(h) Examination for adequacy of fastenings, including size, spacing, security, and possibility of bottoming.</P> </SECTION> <SECTION> <SECTNO>§ 18.61</SECTNO> <SUBJECT>Final inspection of complete machine.</SUBJECT> <P>(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.</P> <P>(b) Complete machines shall be inspected for:</P> <P>(1) Compliance with the requirements of this part with respect to joints, lead entrances, and other pertinent features.</P> <P>(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.</P> <P>(3) Adequacy of protection against damage to headlights, push buttons, and any other vulnerable component.</P> <P>(4) Settings of overload- and short-circuit protective devices.</P> <P>(5) Adequacy of means for connecting and protecting portable cable.</P> </SECTION> <SECTION> <SECTNO>§ 18.62</SECTNO> <SUBJECT>Tests to determine explosion-proof characteristics.</SUBJECT> <P>(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.</P> <P>(b) Explosion tests of an enclosure shall not result in:</P> <P>(1) Discharge of flame.</P> <P>(2) Ignition of an explosive mixture surrounding the enclosure.</P> <P>(3) Development of afterburning.</P> <P>(4) Rupture of any part of the enclosure or any panel or divider within the enclosure.</P> <P>(5) Permanent distortion of the enclosure exceeding 0.040 inch per linear foot.</P> <P>(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.</P> <CITA>[33 FR 4660, Mar. 19, 1968, as amended at 57 FR 61210, Dec. 23, 1992]</CITA> </SECTION> <SECTION> <PRTPAGE P="115"/> <SECTNO>§ 18.63</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 18.65</SECTNO> <SUBJECT>Flame test of conveyor belting and hose.</SUBJECT> <P>(a) <E T="03">Size of test specimen.</E> (1) Conveyor belting—four specimens each 6 inches long by <FR>1/2</FR>-inch wide by belt thickness, two cut parallel to the warp and two parallel to the weft.</P> <P>(2) Hose—four specimens each 6 inches long by <FR>1/2</FR>-inch wide by thickness of the hose.</P> <P>(b) <E T="03">Flame-test apparatus.</E> The principal parts of the apparatus within and/or appended to a 21-inch cubical test gallery are:</P> <P>(1) A support stand with a ring clamp and wire gauze.</P> <P>(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.</P> <P>(3) A variable-speed electric fan and an ASME flow nozzle (16-8<FR>1/2</FR> inches reduction) to attain constant air velocities at any speed between 50-500 feet a minute.</P> <P>(4) An electric timer or stopwatch to measure the duration of the tests.</P> <P>(5) A mirror mounted inside the test gallery to permit a rear view of the test specimen through the viewing door.</P> <P>(c) <E T="03">Mounting of test specimen.</E> 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° 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 <FR>1/4</FR>-inch below the pulley cover edge of the specimen and with about <FR>1/2</FR>-inch of the specimen extending beyond the edge of the gauze.</P> <P>(d) <E T="03">Procedure for flame tests.</E> (1) The Bunsen burner, retracted from the test position, shall be adjusted to give a blue flame 3 inches in height with natural gas.</P> <P>(2) The observation door of the gallery shall be closed for the entire test.</P> <P>(3) The burner flame shall be applied to the free end of the specimen for 1 minute in still air.</P> <P>(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.</P> <P>(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.</P> <P>(e) <E T="03">Test requirements.</E> 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.</P> <P>(f) <E T="03">Acceptance markings.</E> (1) Conveyor belting—conveyor belts accepted by MSHA as flame-resistant (fire-resistant) shall be marked as follows: Metal stencils furnished by the manufacturer shall be used during the vulcanizing process to produce letters depressed into the conveyor belt with the words “Fire-Resistant, USMSHA No. __.” This number will be assigned to the manufacturer after the sample has passed the tests. The letters and numbers shall be at least <FR>1/2</FR> inch high. The acceptance markings shall be placed approximately 1 inch from the edge of the carrying (top) cover of the conveyor belt and spaced at intervals not exceeding 30 feet for the entire length of the conveyor belt. The markings shall be so placed that they are alternately at opposite edges of the belt. Where cover thickness does not permit markings in accordance with the foregoing, other permanent markings may be accepted.</P> <P>(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 <PRTPAGE P="116"/>the tests. The letters and numbers shall be at least <FR>1/4</FR>-inch high.</P> <CITA>[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.66</SECTNO> <SUBJECT>Tests of windows and lenses.</SUBJECT> <P>(a) <E T="03">Impact tests.</E> 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:</P> <GPOTABLE CDEF="s50,9" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Lens diameter, (D), inches</CHED> <CHED H="1">Height of fall, inches</CHED> </BOXHD> <ROW> <ENT I="01">D<4</ENT> <ENT>6</ENT> </ROW> <ROW> <ENT I="01">4≤ D<5</ENT> <ENT>9</ENT> </ROW> <ROW> <ENT I="01">5≤ D<6</ENT> <ENT>15</ENT> </ROW> <ROW> <ENT I="01">6≤ D</ENT> <ENT>24</ENT> </ROW> </GPOTABLE> <FP>Windows or lenses of smaller diameter than 1 inch may be tested by alternate methods at the discretion of MSHA.</FP> <P>(b) <E T="03">Thermal-shock tests.</E> Four samples of the window or lens will be heated in an oven for 15 minutes to a temperature of 150 °C. (302 °F.) and immediately upon withdrawal of the samples from the oven they will be immersed in water having a temperature between 15 °C. (59 °F) and 20 °C. (68 °F.). Three of the four samples shall show no defect or breakage from this thermal-shock test.</P> </SECTION> <SECTION> <SECTNO>§ 18.67</SECTNO> <SUBJECT>Static-pressure tests.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 18.68</SECTNO> <SUBJECT>Tests for intrinsic safety.</SUBJECT> <P>(a) General:</P> <P>(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.</P> <P>(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.</P> <P>(3) Those components which affect intrinsic safety must meet the following requirements:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(5) The circuit will be considered as intrinsically safe if in the course of testing no ignitions occur.</P> <P>(b) Complete intrinsically safe equipment powered by low energy batteries:<PRTPAGE P="117"/> </P> <P>(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.</P> <P>(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.</P> <P>(3) Transistors of battery-operated equipment may be subjected to thermal “run-away” tests to determine that they will not ignite an explosive atmosphere.</P> <P>(4) A minimum of 1,000 make-break sparks will be produced in each test for direct current circuits with consideration given to reversed polarity.</P> <P>(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.</P> <P>(6) No ignition shall occur when approximately <FR>1/2</FR>-inch of a single wire strand representative of the wire used in the equipment or device is shorted across the intrinsically safe circuit.</P> <P>(7) Consideration shall be given to insure against accidental reversal of polarity.</P> <P>(c) Line-powered equipment and devices:</P> <P>(1) Line-powered equipment shall meet all applicable provisions specified for battery-powered equipment.</P> <P>(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.</P> <P>(3) Wiring for nonintrinsically safe circuits shall not be intermingled with wiring for intrinsically safe circuits.</P> <P>(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.</P> <P>(5) The line voltage shall be increased to 120 percent of nominal rated voltage to cover power line voltage variations.</P> <P>(6) In investigations of alternating current circuits a minimum of 5,000 make-break sparks will be produced in each test.</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 18.69</SECTNO> <SUBJECT>Adequacy tests.</SUBJECT> <P>MSHA reserves the right to conduct appropriate test(s) to verify the adequacy of equipment for its intended service.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Machines Assembled With Certified or Explosion-Proof Components, Field Modifications of Approved Machines, and Permits To Use Experimental Equipment</HD> <SECTION> <SECTNO>§ 18.80</SECTNO> <SUBJECT>Approval of machines assembled with certified or explosion-proof components.</SUBJECT> <P>(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.</P> <P>(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:</P> <P>(1) Overall dimensions.</P> <P>(2) Wiring diagram.<PRTPAGE P="118"/> </P> <P>(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.</P> <P>(4) Specifications for:</P> <P>(i) Overcurrent protection of motors.</P> <P>(ii) All wiring between components, including mechanical protection such as hose conduits and clamps.</P> <P>(iii) Portable cable, including the type, length, outside diameter, and number and size of conductors.</P> <P>(iv) Insulated strain clamp for machine end of portable cable.</P> <P>(v) Short-circuit protection to be provided at outby end of portable cable.</P> <P>(c) MSHA reserves the right to inspect and to retest any component(s) that had been in previous service, as it deems appropriate.</P> <P>(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 §§ 18.10 and 18.11.)</P> <P>(e) Approvals are issued only by Approval and Certification Center, Box 201B Industrial Park Road, Dallas Pike, Triadelphia, W. Va. 26049.</P> <CITA>[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978; 52 FR 17514, May 8, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.81</SECTNO> <SUBJECT>Field modification of approved (permissible) equipment; application for approval of modification; approval of plans for modification before modification.</SUBJECT> <P>(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 Approval and Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059.</P> <P>(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.</P> <P>(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.</P> <CITA>[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978; 60 FR 35693, July 11, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.82</SECTNO> <SUBJECT>Permit to use experimental electric face equipment in a gassy mine or tunnel.</SUBJECT> <P>(a) <E T="03">Application for permit.</E> An application for a permit to use experimental electric face equipment in a gassy mine or tunnel will be considered only when submitted by the user of the equipment. The user shall submit a written application to the Assistant Secretary of Labor for Mine Safety and Health, 1100 Wilson Blvd., Room 2322, Arlington, Virginia 22209-3939, and send a copy to Approval and Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059.</P> <P>(b) <E T="03">Requirements</E>—(1) <E T="03">Constructional.</E> (i) Experimental equipment shall be so constructed that it will not constitute a fire or explosion hazard.</P> <P>(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.</P> <P>(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.<PRTPAGE P="119"/> </P> <P>(2) <E T="03">Specifications.</E> 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.</P> <P>(c) <E T="03">Final inspection.</E> Unless equipment is delivered to MSHA for investigation, the applicant shall notify Approval and Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059, when and where the experimental equipment will be ready for inspection by a representative of MSHA before installing it on a trial basis. Such inspection shall be completed before a permit will be issued.</P> <P>(d) <E T="03">Issuance of permit.</E> 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.</P> <P>(e) <E T="03">Duration of permit.</E> 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.</P> <P>(f) <E T="03">Permit label.</E> With the notification granting a permit, the applicant will receive a photographic copy of a permit label bearing the following:</P> <P>(1) Emblem of the Mine Safety and Health Administration.</P> <P>(2) Permit number.</P> <P>(3) Expiration date of the permit.</P> <P>(4) Name of machine.</P> <P>(5) Name of the user and mine or tunnel.</P> <FP>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.</FP> <P>(g) <E T="03">Withdrawal of permit.</E> The Assistant Secretary may rescind, for cause, any permit granted under this subpart.</P> <CITA>[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]</CITA> </SECTION> <APPENDIX> <EAR>Pt. 18, Subpt. D, App. I</EAR> <HD SOURCE="HED">Appendix I to Subpart D of Part 18</HD> <GPOTABLE CDEF="6,r150" COLS="2" OPTS="L2"> <TDESC>LIST OF TABLES</TDESC> <BOXHD> <CHED H="1">Table No.</CHED> <CHED H="1">Title</CHED> </BOXHD> <ROW> <ENT I="01">1</ENT> <ENT>Portable power cable ampacities—600 volts.</ENT> </ROW> <ROW> <ENT I="01">2</ENT> <ENT>Portable cord ampacities—600 volts.</ENT> </ROW> <ROW> <ENT I="01">3</ENT> <ENT>Portable power cable ampacities—601 to 5,000 volts.</ENT> </ROW> <ROW> <ENT I="01">4</ENT> <ENT>Normal diameter of round cables with tolerances in inches—600 volts.</ENT> </ROW> <ROW> <ENT I="01">5</ENT> <ENT>Nominal dimension of flat cables with tolerances in inches—600 volts.</ENT> </ROW> <ROW> <ENT I="01">6</ENT> <ENT>Nominal diameter of heavy jacketed cords with tolerances in inches—600 volts.</ENT> </ROW> <ROW> <ENT I="01">7</ENT> <ENT>Nominal diameter of three-conductor portable power cables with tolerances in inches—601 to 5,000 volts.</ENT> </ROW> <ROW> <ENT I="01">8</ENT> <ENT>Fuse ratings or instantaneous settings of circuit breakers for short-circuit protection of portable cables.</ENT> </ROW> <ROW> <ENT I="01">9</ENT> <ENT>Specifications for portable cables longer than 500 feet.</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s65,10,10,10,10,10,10" COLS="7" OPTS="L2"> <TTITLE>Table 1—Portable Power Cable Ampacities—600 Volts (Amperes Per Conductor Based on 60 °C. Copper Temperature—40 °C. Ambient)</TTITLE> <BOXHD> <CHED H="1">Conductor size—AWG or MCM</CHED> <CHED H="1">Single conductor</CHED> <CHED H="1">2-conductor, round or flat</CHED> <CHED H="1">3-conductor, round or flat</CHED> <CHED H="1">4-conductor</CHED> <CHED H="1">5-conductor</CHED> <CHED H="1">6-conductor</CHED> </BOXHD> <ROW> <ENT I="01">8</ENT> <ENT>45</ENT> <ENT>40</ENT> <ENT>35</ENT> <ENT>30</ENT> <ENT>25</ENT> <ENT>20</ENT> </ROW> <ROW> <ENT I="01">6</ENT> <ENT>60</ENT> <ENT>50</ENT> <ENT>50</ENT> <ENT>40</ENT> <ENT>35</ENT> <ENT>30</ENT> </ROW> <ROW> <ENT I="01">4</ENT> <ENT>85</ENT> <ENT>70</ENT> <ENT>65</ENT> <ENT>55</ENT> <ENT>45</ENT> <ENT>35</ENT> </ROW> <ROW> <PRTPAGE P="120"/> <ENT I="01">3</ENT> <ENT>95</ENT> <ENT>80</ENT> <ENT>75</ENT> <ENT>65</ENT> <ENT>55</ENT> <ENT>45</ENT> </ROW> <ROW> <ENT I="01">2</ENT> <ENT>110</ENT> <ENT>95</ENT> <ENT>90</ENT> <ENT>75</ENT> <ENT>65</ENT> <ENT>55</ENT> </ROW> <ROW> <ENT I="01">1</ENT> <ENT>130</ENT> <ENT>110</ENT> <ENT>100</ENT> <ENT>85</ENT> <ENT>75</ENT> <ENT>65</ENT> </ROW> <ROW> <ENT I="01">1/0</ENT> <ENT>150</ENT> <ENT>130</ENT> <ENT>120</ENT> <ENT>100</ENT> <ENT>90</ENT> <ENT>80</ENT> </ROW> <ROW> <ENT I="01">2/0</ENT> <ENT>175</ENT> <ENT>150</ENT> <ENT>135</ENT> <ENT>115</ENT> <ENT>105</ENT> <ENT>95</ENT> </ROW> <ROW> <ENT I="01">3/0</ENT> <ENT>205</ENT> <ENT>175</ENT> <ENT>155</ENT> <ENT>130</ENT> <ENT>120</ENT> <ENT>110</ENT> </ROW> <ROW> <ENT I="01">4/0</ENT> <ENT>235</ENT> <ENT>200</ENT> <ENT>180</ENT> <ENT>150</ENT> <ENT>140</ENT> <ENT>130</ENT> </ROW> <ROW> <ENT I="01">250</ENT> <ENT>275</ENT> <ENT>220</ENT> <ENT>200</ENT> <ENT>160</ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">300</ENT> <ENT>305</ENT> <ENT>240</ENT> <ENT>220</ENT> <ENT>175</ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">350</ENT> <ENT>345</ENT> <ENT>240</ENT> <ENT>235</ENT> <ENT>190</ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">400</ENT> <ENT>375</ENT> <ENT>280</ENT> <ENT>250</ENT> <ENT>200</ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">450</ENT> <ENT>400</ENT> <ENT>300</ENT> <ENT>270</ENT> <ENT>215</ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">500</ENT> <ENT>425</ENT> <ENT>320</ENT> <ENT>290</ENT> <ENT>230</ENT> <ENT/> <ENT/> </ROW> </GPOTABLE> <GPOTABLE CDEF="s80,19,19,19" COLS="4" OPTS="L2"> <TTITLE>Table 2—Portable Cord Ampacities—600 Volts (Amperes Per Conductor Based on 60 °C. Copper Temperature—40 °C. Ambient)</TTITLE> <BOXHD> <CHED H="1">Conductor size—AWG</CHED> <CHED H="1">1-3 conductor</CHED> <CHED H="1">4-6 conductor</CHED> <CHED H="1">7-9 conductor</CHED> </BOXHD> <ROW> <ENT I="01">14</ENT> <ENT>15</ENT> <ENT>12</ENT> <ENT>8</ENT> </ROW> <ROW> <ENT I="01">12</ENT> <ENT>20</ENT> <ENT>16</ENT> <ENT>11</ENT> </ROW> <ROW> <ENT I="01">10</ENT> <ENT>25</ENT> <ENT>20</ENT> <ENT>14</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s40,35,35" COLS="3" OPTS="L2"> <TTITLE>Table 3—Portable Power Cable Ampacities—601 to 5,000 Volts (Amperes Per Conductor Based on 75 °C. Copper Temperature—40 °C. Ambient)</TTITLE> <BOXHD> <CHED H="1">Conductor size—AWG or MCM</CHED> <CHED H="1">3-conductor types G-GC and SIIC-GC 2,000 volts</CHED> <CHED H="1">3-conductor type SHD-GC 2,001-5,000 volts</CHED> </BOXHD> <ROW> <ENT I="01">6</ENT> <ENT>65</ENT> <ENT>65</ENT> </ROW> <ROW> <ENT I="01">4</ENT> <ENT>85</ENT> <ENT>85</ENT> </ROW> <ROW> <ENT I="01">3</ENT> <ENT>100</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="01">2</ENT> <ENT>115</ENT> <ENT>115</ENT> </ROW> <ROW> <ENT I="01">1</ENT> <ENT>130</ENT> <ENT>130</ENT> </ROW> <ROW> <ENT I="01">1/0</ENT> <ENT>145</ENT> <ENT>145</ENT> </ROW> <ROW> <ENT I="01">2/0</ENT> <ENT>170</ENT> <ENT>170</ENT> </ROW> <ROW> <ENT I="01">3/0</ENT> <ENT>195</ENT> <ENT>195</ENT> </ROW> <ROW> <ENT I="01">4/0</ENT> <ENT>220</ENT> <ENT>220</ENT> </ROW> <ROW> <ENT I="01">250</ENT> <ENT>245</ENT> <ENT>245</ENT> </ROW> <ROW> <ENT I="01">300</ENT> <ENT>275</ENT> <ENT>275</ENT> </ROW> <ROW> <ENT I="01">350</ENT> <ENT>305</ENT> <ENT>305</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s15,6,6,6,6,6,6,6,6,6,6,6" COLS="12" OPTS="L2"> <TTITLE>Table 4—Nominal Diameters of Round Cables With Tolerances in Inches—600 Volts</TTITLE> <BOXHD> <CHED H="1">Conductor size—AWG or MCM</CHED> <CHED H="1">Single conductor</CHED> <CHED H="1">2-conductor</CHED> <CHED H="2">Types W & G twisted</CHED> <CHED H="2">Type PG, 2 power</CHED> <CHED H="2">Type PCG, 3 power, ground</CHED> <CHED H="1">3-conductor</CHED> <CHED H="2">Types W & G</CHED> <CHED H="2">Type PG, 3 power, ground</CHED> <CHED H="2">Type PCG, 3 power, 2 control, ground</CHED> <CHED H="1">4-conductor—Types W & G</CHED> <CHED H="1">5-conductor—Types W & G</CHED> <CHED H="1">6-conductor</CHED> <CHED H="2">Type w</CHED> <CHED H="2">Tolerance</CHED> </BOXHD> <ROW> <ENT I="01">8</ENT> <ENT>0.44</ENT> <ENT>0.81</ENT> <ENT>0.84</ENT> <ENT>0.94</ENT> <ENT>0.91</ENT> <ENT>0.93</ENT> <ENT>1.03</ENT> <ENT>0.99</ENT> <ENT>1.07</ENT> <ENT>1.18</ENT> <ENT>±0.03</ENT> </ROW> <ROW> <ENT I="01">6</ENT> <ENT>.51</ENT> <ENT>.93</ENT> <ENT>.93</ENT> <ENT>.98</ENT> <ENT>1.01</ENT> <ENT>1.03</ENT> <ENT>1.18</ENT> <ENT>1.10</ENT> <ENT>1.21</ENT> <ENT>1.31</ENT> <ENT>±.03</ENT> </ROW> <ROW> <ENT I="01">4</ENT> <ENT>.57</ENT> <ENT>1.08</ENT> <ENT>1.08</ENT> <ENT>1.10</ENT> <ENT>1.17</ENT> <ENT>1.20</ENT> <ENT>1.29</ENT> <ENT>1.27</ENT> <ENT>1.40</ENT> <ENT>1.52</ENT> <ENT>±.03</ENT> </ROW> <ROW> <ENT I="01">3</ENT> <ENT>.63</ENT> <ENT>1.17</ENT> <ENT>1.17</ENT> <ENT>1.20</ENT> <ENT>1.24</ENT> <ENT>1.27</ENT> <ENT>1.31</ENT> <ENT>1.34</ENT> <ENT>1.48</ENT> <ENT>1.61</ENT> <ENT>±.03</ENT> </ROW> <ROW> <ENT I="01">2</ENT> <ENT>.66</ENT> <ENT>1.27</ENT> <ENT>1.27</ENT> <ENT>1.29</ENT> <ENT>1.34</ENT> <ENT>1.34</ENT> <ENT>1.39</ENT> <ENT>1.48</ENT> <ENT>1.61</ENT> <ENT>1.75</ENT> <ENT>±.03</ENT> </ROW> <ROW> <ENT I="01">1</ENT> <ENT>.74</ENT> <ENT>1.44</ENT> <ENT>1.44</ENT> <ENT>1.44</ENT> <ENT>1.51</ENT> <ENT>1.52</ENT> <ENT>1.52</ENT> <ENT>1.68</ENT> <ENT>1.88</ENT> <ENT>2.05</ENT> <ENT>±.03</ENT> </ROW> <ROW> <ENT I="01">1/0</ENT> <ENT>.77</ENT> <ENT>1.52</ENT> <ENT>1.52</ENT> <ENT>1.52</ENT> <ENT>1.65</ENT> <ENT>1.68</ENT> <ENT>1.68</ENT> <ENT>1.79</ENT> <ENT>1.96</ENT> <ENT>2.13</ENT> <ENT>±.04</ENT> </ROW> <ROW> <ENT I="01">2/0</ENT> <ENT>.82</ENT> <ENT>1.65</ENT> <ENT>1.65</ENT> <ENT>1.65</ENT> <ENT>1.75</ENT> <ENT>1.79</ENT> <ENT>1.79</ENT> <ENT>1.93</ENT> <ENT>2.13</ENT> <ENT>2.32</ENT> <ENT>±.04</ENT> </ROW> <ROW> <ENT I="01">3/0</ENT> <ENT>.87</ENT> <ENT>1.77</ENT> <ENT>1.77</ENT> <ENT>1.77</ENT> <ENT>1.89</ENT> <ENT>1.93</ENT> <ENT>1.93</ENT> <ENT>2.07</ENT> <ENT>2.26</ENT> <ENT>2.49</ENT> <ENT>±.05</ENT> </ROW> <ROW> <ENT I="01">4/0</ENT> <ENT>.93</ENT> <ENT>1.92</ENT> <ENT>1.92</ENT> <ENT>1.92</ENT> <ENT>2.04</ENT> <ENT>2.13</ENT> <ENT>2.13</ENT> <ENT>2.26</ENT> <ENT>2.46</ENT> <ENT>2.71</ENT> <ENT>±.05</ENT> </ROW> <ROW> <ENT I="01">250</ENT> <ENT>1.03</ENT> <ENT>2.16</ENT> <ENT>2.16</ENT> <ENT>2.16</ENT> <ENT>2.39</ENT> <ENT>2.39</ENT> <ENT>2.39</ENT> <ENT>2.66</ENT> <ENT/> <ENT/> <ENT>±.06</ENT> </ROW> <ROW> <ENT I="01">300</ENT> <ENT>1.09</ENT> <ENT>2.32</ENT> <ENT/> <ENT/> <ENT>2.56</ENT> <ENT/> <ENT/> <ENT>2.84</ENT> <ENT/> <ENT/> <ENT>±.06</ENT> </ROW> <ROW> <ENT I="01">350</ENT> <ENT>1.15</ENT> <ENT>2.43</ENT> <ENT/> <ENT/> <ENT>2.68</ENT> <ENT/> <ENT/> <ENT>2.98</ENT> <ENT/> <ENT/> <ENT>±.06</ENT> </ROW> <ROW> <ENT I="01">400</ENT> <ENT>1.20</ENT> <ENT>2.57</ENT> <ENT/> <ENT/> <ENT>2.82</ENT> <ENT/> <ENT/> <ENT>3.14</ENT> <ENT/> <ENT/> <ENT>±.06</ENT> </ROW> <ROW> <ENT I="01">450</ENT> <ENT>1.26</ENT> <ENT>2.67</ENT> <ENT/> <ENT/> <ENT>2.94</ENT> <ENT/> <ENT/> <ENT>3.26</ENT> <ENT/> <ENT/> <ENT>±.06</ENT> </ROW> <ROW> <PRTPAGE P="121"/> <ENT I="01">500</ENT> <ENT>1.31</ENT> <ENT>2.76</ENT> <ENT/> <ENT/> <ENT>3.03</ENT> <ENT/> <ENT/> <ENT>3.40</ENT> <ENT/> <ENT/> <ENT>±.06</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s15,6,6,6,6,6,6,6,6,6,6,6,6" COLS="13" OPTS="L2"> <TTITLE>Table 5—Nominal Dimensions of Flat Cables With Tolerances in Inches—600 Volts</TTITLE> <BOXHD> <CHED H="1">Conductor size—AWG</CHED> <CHED H="1">2-conductor</CHED> <CHED H="2">Type W</CHED> <CHED H="3">Major</CHED> <CHED H="4">O.D.</CHED> <CHED H="4">Tolerance</CHED> <CHED H="3">Minor</CHED> <CHED H="4">O.D.</CHED> <CHED H="4">Tolerance</CHED> <CHED H="2">Type G</CHED> <CHED H="3">Major</CHED> <CHED H="4">O.D.</CHED> <CHED H="4">Tolerance</CHED> <CHED H="3">Minor</CHED> <CHED H="4">O.D.</CHED> <CHED H="4">Tolerance</CHED> <CHED H="1">3-conductor—Type G</CHED> <CHED H="2">Major</CHED> <CHED H="3">O.D.</CHED> <CHED H="3">Tolerance</CHED> <CHED H="2">Minor</CHED> <CHED H="3">O.D.</CHED> <CHED H="3">Tolerance</CHED> </BOXHD> <ROW> <ENT I="01">8</ENT> <ENT>0.84</ENT> <ENT>±0.04</ENT> <ENT>0.51</ENT> <ENT>±0.03</ENT> </ROW> <ROW> <ENT I="01">6</ENT> <ENT>.93</ENT> <ENT>±.04</ENT> <ENT>.56</ENT> <ENT>±.03</ENT> <ENT>1.02</ENT> <ENT>±.04</ENT> <ENT>0.56</ENT> <ENT>±.03</ENT> <ENT>1.65</ENT> <ENT>±0.06</ENT> <ENT>0.67</ENT> <ENT>±0.05</ENT> </ROW> <ROW> <ENT I="01">4</ENT> <ENT>1.05</ENT> <ENT>±.04</ENT> <ENT>.61</ENT> <ENT>±.03</ENT> <ENT>1.15</ENT> <ENT>±.04</ENT> <ENT>.61</ENT> <ENT>±.03</ENT> <ENT>1.85</ENT> <ENT>±.06</ENT> <ENT>.75</ENT> <ENT>±.05</ENT> </ROW> <ROW> <ENT I="01">3</ENT> <ENT>1.14</ENT> <ENT>±.04</ENT> <ENT>.68</ENT> <ENT>±.03</ENT> <ENT>1.26</ENT> <ENT>±.04</ENT> <ENT>.68</ENT> <ENT>±.03</ENT> <ENT>1.99</ENT> <ENT>±.06</ENT> <ENT>.77</ENT> <ENT>±.05</ENT> </ROW> <ROW> <ENT I="01">2</ENT> <ENT>1.24</ENT> <ENT>±.04</ENT> <ENT>.73</ENT> <ENT>±.03</ENT> <ENT>1.35</ENT> <ENT>±.04</ENT> <ENT>.73</ENT> <ENT>±.06</ENT> <ENT>2.10</ENT> <ENT>±.06</ENT> <ENT>.81</ENT> <ENT>±.05</ENT> </ROW> <ROW> <ENT I="01">1</ENT> <ENT>1.40</ENT> <ENT>±.04</ENT> <ENT>.81</ENT> <ENT>±.03</ENT> <ENT>1.55</ENT> <ENT>±.04</ENT> <ENT>.81</ENT> <ENT>±.03</ENT> <ENT>2.43</ENT> <ENT>±.06</ENT> <ENT>.97</ENT> <ENT>±.05</ENT> </ROW> <ROW> <ENT I="01">1/0</ENT> <ENT>1.51</ENT> <ENT>±.04</ENT> <ENT>.93</ENT> <ENT>±.03</ENT> <ENT>1.67</ENT> <ENT>±.04</ENT> <ENT>.93</ENT> <ENT>±.03</ENT> </ROW> <ROW> <ENT I="01">2/0</ENT> <ENT>1.63</ENT> <ENT>±.04</ENT> <ENT>.99</ENT> <ENT>±.03</ENT> <ENT>1.85</ENT> <ENT>±.04</ENT> <ENT>.99</ENT> <ENT>±.03</ENT> </ROW> <ROW> <ENT I="01">3/0</ENT> <ENT>1.77</ENT> <ENT>±.04</ENT> <ENT>1.03</ENT> <ENT>±.03</ENT> <ENT>2.00</ENT> <ENT>±.04</ENT> <ENT>1.03</ENT> <ENT>±.03</ENT> </ROW> <ROW> <ENT I="01">4/0</ENT> <ENT>1.89</ENT> <ENT>±.04</ENT> <ENT>1.10</ENT> <ENT>±.03</ENT> <ENT>2.10</ENT> <ENT>±.04</ENT> <ENT>1.10</ENT> <ENT>±.03</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s15,6,6,6,6,6,6,6,6,6,6,6,6" COLS="13" OPTS="L2"> <TTITLE>Table 6—Nominal Diameters of Heavy Jacketed Cords With Tolerances In Inches—600 Volts</TTITLE> <BOXHD> <CHED H="1">Conductor size—AWG</CHED> <CHED H="1">2-conductor</CHED> <CHED H="2">Diameter</CHED> <CHED H="2">Tolerance</CHED> <CHED H="1">3-conductor</CHED> <CHED H="2">Diameter</CHED> <CHED H="2">Tolerance</CHED> <CHED H="1">4-conductor</CHED> <CHED H="2">Diameter</CHED> <CHED H="2">Tolerance</CHED> <CHED H="1">5-conductor</CHED> <CHED H="2">Diameter</CHED> <CHED H="2">Tolerance</CHED> <CHED H="1">6-conductor</CHED> <CHED H="2">Diameter</CHED> <CHED H="2">Tolerance</CHED> <CHED H="1">7-conductor</CHED> <CHED H="2">Diameter</CHED> <CHED H="2">Tolerance</CHED> </BOXHD> <ROW> <ENT I="01">14</ENT> <ENT>0.64</ENT> <ENT>±0.02</ENT> <ENT>0.67</ENT> <ENT>±0.02</ENT> <ENT>0.71</ENT> <ENT>±0.02</ENT> <ENT>0.78</ENT> <ENT>±0.03</ENT> <ENT>0.83</ENT> <ENT>±0.03</ENT> <ENT>0.89</ENT> <ENT>±0.03</ENT> </ROW> <ROW> <ENT I="01">12</ENT> <ENT>.68</ENT> <ENT>±.02</ENT> <ENT>.72</ENT> <ENT>±.03</ENT> <ENT>.76</ENT> <ENT>±.03</ENT> <ENT>.83</ENT> <ENT>±.03</ENT> <ENT>.89</ENT> <ENT>±.03</ENT> <ENT>.98</ENT> <ENT>±.03</ENT> </ROW> <ROW> <ENT I="01">10</ENT> <ENT>.73</ENT> <ENT>±.03</ENT> <ENT>.80</ENT> <ENT>±.03</ENT> <ENT>.84</ENT> <ENT>±.03</ENT> <ENT>.90</ENT> <ENT>±.03</ENT> <ENT>1.00</ENT> <ENT>±.03</ENT> <ENT>1.07</ENT> <ENT>±.03</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s70,5,10,5,10,5,10,5,10" COLS="9" OPTS="L2"> <TTITLE>Table 7—Nominal Diameters of Three-Conductor Portable Power Cables With Tolerances in Inches—601 to 5,000 Volts</TTITLE> <BOXHD> <CHED H="1">Conductor size—AWG or MCM</CHED> <CHED H="1">Type G-GC (nonshielded) 2,000 volts</CHED> <CHED H="2">Diameter</CHED> <CHED H="2">Tolerance</CHED> <CHED H="1">Type SHC-GC (shielded overall) 2,000 volts</CHED> <CHED H="2">Diameter</CHED> <CHED H="2">Tolerance</CHED> <CHED H="1">Type SHD-GC (individually shielded power conductors) 2,001-3,000 volts</CHED> <CHED H="2">Diameter</CHED> <CHED H="2">Tolerance</CHED> <CHED H="1">Type SHD-GC (individually shielded power conductors) 3,001-5,000 volts</CHED> <CHED H="2">Diameter</CHED> <CHED H="2">Tolerance</CHED> </BOXHD> <ROW> <ENT I="01">6</ENT> <ENT>1.25</ENT> <ENT>+0.10, −0.06</ENT> <ENT>1.39</ENT> <ENT>+0.11, −0.07</ENT> <ENT>1.62</ENT> <ENT>+0.13, −0.08</ENT> <ENT>1.78</ENT> <ENT>+0.14, −0.09</ENT> </ROW> <ROW> <ENT I="01">4</ENT> <ENT>1.40</ENT> <ENT>+.11, −.07</ENT> <ENT>1.55</ENT> <ENT>+.12, −.08</ENT> <ENT>1.77</ENT> <ENT>+.14, −.09</ENT> <ENT>1.90</ENT> <ENT>+.15, −.10</ENT> </ROW> <ROW> <ENT I="01">3</ENT> <ENT>1.48</ENT> <ENT>+.12, −.07</ENT> <ENT>1.62</ENT> <ENT>+.13, −.08</ENT> <ENT>1.84</ENT> <ENT>+.15, −.09</ENT> <ENT>1.98</ENT> <ENT>+.16, −.10</ENT> </ROW> <ROW> <ENT I="01">2</ENT> <ENT>1.55</ENT> <ENT>+.12, −.08</ENT> <ENT>1.71</ENT> <ENT>+.14, −.09</ENT> <ENT>1.92</ENT> <ENT>+.15, −.10</ENT> <ENT>2.09</ENT> <ENT>+.17, −.11</ENT> </ROW> <ROW> <ENT I="01">1</ENT> <ENT>1.74</ENT> <ENT>+.14, −.09</ENT> <ENT>1.89</ENT> <ENT>+.15, −.09</ENT> <ENT>2.04</ENT> <ENT>+.16, −.10</ENT> <ENT>2.18</ENT> <ENT>+.17, −.11</ENT> </ROW> <ROW> <ENT I="01">1/0</ENT> <ENT>1.84</ENT> <ENT>+.15, −.09</ENT> <ENT>2.02</ENT> <ENT>+.16, −.10</ENT> <ENT>2.18</ENT> <ENT>+.17, −.11</ENT> <ENT>2.34</ENT> <ENT>+.19, −.12</ENT> </ROW> <ROW> <ENT I="01">2/0</ENT> <ENT>1.99</ENT> <ENT>+.16, −.10</ENT> <ENT>2.16</ENT> <ENT>+.17, −.11</ENT> <ENT>2.29</ENT> <ENT>+.18, −.12</ENT> <ENT>2.46</ENT> <ENT>+.20, −.12</ENT> </ROW> <ROW> <ENT I="01">3/0</ENT> <ENT>2.12</ENT> <ENT>+.17, −.11</ENT> <ENT>2.30</ENT> <ENT>+.18, −.11</ENT> <ENT>2.45</ENT> <ENT>+.20, −.12</ENT> <ENT>2.62</ENT> <ENT>+.21, −.13</ENT> </ROW> <ROW> <ENT I="01">4/0</ENT> <ENT>2.30</ENT> <ENT>+.18, −.12</ENT> <ENT>2.48</ENT> <ENT>+.20, −.12</ENT> <ENT>2.62</ENT> <ENT>+.21, −.13</ENT> <ENT>2.76</ENT> <ENT>+.22, −.14</ENT> </ROW> <ROW> <ENT I="01">250</ENT> <ENT>2.46</ENT> <ENT>+.20, −.12</ENT> <ENT>2.70</ENT> <ENT>+.22, −.13</ENT> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">300</ENT> <ENT>2.63</ENT> <ENT>+.21, −.13</ENT> <ENT>2.84</ENT> <ENT>+.23, −.14</ENT> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">350</ENT> <ENT>2.75</ENT> <ENT>+.22, −.14</ENT> <ENT>2.97</ENT> <ENT>+.24, −.15</ENT> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> </GPOTABLE> <PRTPAGE P="122"/> <GPOTABLE CDEF="s25,25,25,25" COLS="4" OPTS="L2"> <TTITLE>Table 8—Fuse Ratings or Instantaneous Setting of Circuit Breakers for Short-Circuit Protection of Portable Cables and Cords</TTITLE> <BOXHD> <CHED H="1">Conductor size—AWG or MCM</CHED> <CHED H="1">Ohms/1,000 ft. at 25 °C.</CHED> <CHED H="1">Maximum allowable fuse rating (amperes)</CHED> <CHED H="1">Maximum allowable circuit breaker instantaneous setting (amperes) <SU>1</SU> </CHED> </BOXHD> <ROW> <ENT I="01">14</ENT> <ENT>2.62</ENT> <ENT>20</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="01">12</ENT> <ENT>1.65</ENT> <ENT>30</ENT> <ENT>75</ENT> </ROW> <ROW> <ENT I="01">10</ENT> <ENT>1.04</ENT> <ENT>40</ENT> <ENT>150</ENT> </ROW> <ROW> <ENT I="01">8</ENT> <ENT>.654</ENT> <ENT>80</ENT> <ENT>200</ENT> </ROW> <ROW> <ENT I="01">6</ENT> <ENT>.410</ENT> <ENT>100</ENT> <ENT>300</ENT> </ROW> <ROW> <ENT I="01">4</ENT> <ENT>.259</ENT> <ENT>200</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="01">3</ENT> <ENT>.205</ENT> <ENT>250</ENT> <ENT>600</ENT> </ROW> <ROW> <ENT I="01">2</ENT> <ENT>.162</ENT> <ENT>300</ENT> <ENT>800</ENT> </ROW> <ROW> <ENT I="01">1</ENT> <ENT>.129</ENT> <ENT>375</ENT> <ENT>1,000</ENT> </ROW> <ROW> <ENT I="01">1/0</ENT> <ENT>.102</ENT> <ENT>500</ENT> <ENT>1,250</ENT> </ROW> <ROW> <ENT I="01">2/0</ENT> <ENT>.081</ENT> <ENT/> <ENT>1,500</ENT> </ROW> <ROW> <ENT I="01">3/0</ENT> <ENT>.064</ENT> <ENT/> <ENT>2,000</ENT> </ROW> <ROW> <ENT I="01">4/0</ENT> <ENT>.051</ENT> <ENT/> <ENT>2,500</ENT> </ROW> <ROW> <ENT I="01">250</ENT> <ENT>.043</ENT> <ENT/> <ENT>2,500</ENT> </ROW> <ROW> <ENT I="01">300</ENT> <ENT>.036</ENT> <ENT/> <ENT>2,500</ENT> </ROW> <ROW> <ENT I="01">350</ENT> <ENT>.031</ENT> <ENT/> <ENT>2,500</ENT> </ROW> <ROW> <ENT I="01">400</ENT> <ENT>.027</ENT> <ENT/> <ENT>2,500</ENT> </ROW> <ROW> <ENT I="01">450</ENT> <ENT>.024</ENT> <ENT/> <ENT>2,500</ENT> </ROW> <ROW> <ENT I="01">500</ENT> <ENT>.022</ENT> <ENT/> <ENT>2,500</ENT> </ROW> <TNOTE> <SU>1</SU> Higher circuit-breaker settings may be permitted for special applications when justified.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s25,25,25,25" COLS="4" OPTS="L2"> <TTITLE>Table 9—Specifications for Portable Cables Longer Than 500 Feet <SU>1</SU> </TTITLE> <BOXHD> <CHED H="1">Conductor size—AWG or MCM</CHED> <CHED H="1">Max. allowable length (feet)</CHED> <CHED H="1">Normal ampacity at 60 °C. copper temperature (40 °C. ambient)</CHED> <CHED H="1">Resistance at 60 °C. copper temperature (ohms)</CHED> </BOXHD> <ROW> <ENT I="01">6</ENT> <ENT>550</ENT> <ENT>50</ENT> <ENT>0.512</ENT> </ROW> <ROW> <ENT I="01">4</ENT> <ENT>600</ENT> <ENT>70</ENT> <ENT>.353</ENT> </ROW> <ROW> <ENT I="01">3</ENT> <ENT>650</ENT> <ENT>80</ENT> <ENT>.302</ENT> </ROW> <ROW> <ENT I="01">2</ENT> <ENT>700</ENT> <ENT>95</ENT> <ENT>.258</ENT> </ROW> <ROW> <ENT I="01">1</ENT> <ENT>750</ENT> <ENT>110</ENT> <ENT>.220</ENT> </ROW> <ROW> <ENT I="01">1/0</ENT> <ENT>800</ENT> <ENT>130</ENT> <ENT>.185</ENT> </ROW> <ROW> <ENT I="01">2/0</ENT> <ENT>850</ENT> <ENT>150</ENT> <ENT>.157</ENT> </ROW> <ROW> <ENT I="01">3/0</ENT> <ENT>900</ENT> <ENT>175</ENT> <ENT>.130</ENT> </ROW> <ROW> <ENT I="01">4/0</ENT> <ENT>1,000</ENT> <ENT>200</ENT> <ENT>.116</ENT> </ROW> <ROW> <ENT I="01">250</ENT> <ENT>1,000</ENT> <ENT>220</ENT> <ENT>.098</ENT> </ROW> <ROW> <ENT I="01">300</ENT> <ENT>1,000</ENT> <ENT>240</ENT> <ENT>.082</ENT> </ROW> <ROW> <ENT I="01">350</ENT> <ENT>1,000</ENT> <ENT>260</ENT> <ENT>.070</ENT> </ROW> <ROW> <ENT I="01">400</ENT> <ENT>1,000</ENT> <ENT>280</ENT> <ENT>.061</ENT> </ROW> <ROW> <ENT I="01">450</ENT> <ENT>1,000</ENT> <ENT>300</ENT> <ENT>.054</ENT> </ROW> <ROW> <ENT I="01">500</ENT> <ENT>1,000</ENT> <ENT>320</ENT> <ENT>.050</ENT> </ROW> <TNOTE> <SU>1</SU> Fuses shall not be used for short-circuit protection of these cables. Circuit breakers shall be used with the instantaneous trip settings not to exceed the values given in Table 8.</TNOTE> </GPOTABLE> <CITA>[33 FR 4660, Mar. 19, 1968; 33 FR 6345, Apr. 26, 1968, as amended at 42 FR 8373, Feb. 10, 1977]</CITA> </APPENDIX> <APPENDIX> <EAR>Pt. 18, Subpt. D, App. II</EAR> <HD SOURCE="HED">Appendix II to Subpart D of Part 18</HD> <GPOTABLE CDEF="6,r150" COLS="2" OPTS="L2"> <TDESC>LIST OF FIGURES</TDESC> <BOXHD> <CHED H="1">Figure No.</CHED> <CHED H="1">Title</CHED> </BOXHD> <ROW> <ENT I="01">1</ENT> <ENT>Typical layout drawing of a machine.</ENT> </ROW> <ROW> <ENT I="01">2</ENT> <ENT>Sample bill of material (to accompany layout drawing shown on figure 1)</ENT> </ROW> <ROW> <ENT I="01">3</ENT> <ENT>Material to be included with the operating instructions on or with the wiring diagram submitted to each customer.</ENT> </ROW> <ROW> <ENT I="01">4</ENT> <ENT>Sample factory inspection form.</ENT> </ROW> <ROW> <ENT I="01">5</ENT> <ENT>Typical plane joint.</ENT> </ROW> <ROW> <ENT I="01">6</ENT> <ENT>Typical combination joint.</ENT> </ROW> <ROW> <ENT I="01">7</ENT> <ENT>Typical threaded joint.</ENT> </ROW> <ROW> <ENT I="01">8</ENT> <ENT>Typical threaded straight stuffing box and packing gland lead entrance with provision for hose conduit.</ENT> </ROW> <ROW> <ENT I="01">9</ENT> <ENT>Typical slip-fit straight-type and angle-type stuffing box and packing gland lead entrance.</ENT> </ROW> <ROW> <ENT I="01">10</ENT> <ENT>Typical slip-fit angle-type stuffing box and packing gland lead entrance and typical plug for spare lead entrance hole.</ENT> </ROW> </GPOTABLE> <GPH DEEP="249" SPAN="2"> <PRTPAGE P="123"/> <GID>EC22OC91.024</GID> </GPH> <HD SOURCE="HD1">Figure 2—Sample Bill of Material</HD> <FP SOURCE="FRP">B. of M. No. ____</FP> <FP SOURCE="FRP">Date ______</FP> <FP SOURCE="FRP"> <E T="03">Revision</E> </FP> <FP SOURCE="FRP">Date</FP> <FP SOURCE="FRP">1. ______</FP> <FP SOURCE="FRP">2. ______</FP> <FP SOURCE="FRP">3. ______</FP> <FP SOURCE="FRP">4. ______</FP> <FP SOURCE="FRP">5. ______</FP> <HD SOURCE="HD3">Bill of Material (Electrical)</HD> <FP SOURCE="FRP">(Manufacturing Company)</FP> <FP SOURCE="FP-DASH">Model:</FP> <FP SOURCE="FRP">(Unit Name)</FP> <FP SOURCE="FP-DASH">Approval 2G-</FP> <FP SOURCE="FP-DASH">Motor:</FP> <FP SOURCE="FRP">(Manufacturing Company)</FP> <FP SOURCE="FP-DASH">Frame</FP> <P>___ Hp., ___ Volts, ___ Ph.,</P> <P>___ Cy., ___ R.P.M.</P> <P>X/P__________(Date).</P> <P>______(Date) Extension.</P> <FP SOURCE="FP-DASH">Starter:</FP> <FP SOURCE="FRP">(Manufacturing Company)</FP> <FP SOURCE="FP-DASH">Model</FP> <P>____Hp., ____Volts.</P> <FP SOURCE="FP-DASH">X/P</FP> <FP SOURCE="FRP">(Date)</FP> <P>______ Extension.</P> <P SOURCE="P1">(Date)</P> <FP>Cable—Motor to Starter:<PRTPAGE P="124"/> </FP> <P>Cond. No. ___, ___″</P> <P>O.D., ___′ Long</P> <FP>Hose—Motor to Starter Cable:</FP> <P>___″ I.D., ___″ O.D., ___ ′ Long</P> <FP>Portable (Trailing) Cable—</FP> <FP SOURCE="FP-DASH">Type:</FP> <P>Cond. No. ___, ___″</P> <P>O.D., ___′ Long</P> <FP>Hose—for Portable Cable:</FP> <P>___″ I.D., ___″ O.D., ___′ Long</P> <FP>Hose Clamps—</FP> <P>2 for Motor-Starter Hose conduit ___″ D</P> <P>1 for Portable Cable Hose conduit __″ D* </P> <P>*Only when short length of hose is used. Trolley Tap— </P> <FP SOURCE="FRP">(Manufacturing Company)</FP> <P>Model ______________ with ___-ampere fuse.</P> <FP>Rail Clamps, 2.</FP> <P>1 Ground Clamp, Cat. No. ___ </P> <FP SOURCE="FRP">(Manufacturing Company)</FP> <P>1 Return Power Conductor, Cat. No. ___ </P> <FP SOURCE="FRP">(Manufacturing Company)</FP> <P SOURCE="P1">or—as Optional</P> <FP>Plug on outby end of potable cable for insertion into receptacle on distribution box or equivalent with short-circuit protective device set at ___ amperes.</FP> <FP>Static-free Belt</FP> <P>Model</P> <P>Style</P> <P>Catalog No. ___, </P> <FP SOURCE="FRP">(Manufacturing Company)</FP> <FP>Guard for Belt—</FP> <FP SOURCE="FP-DASH">Material</FP> <P>Overall Dimensions ___″ Long × ___″</P> <P>Wide ×___″ High</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>The foregoing is intended as a guide. Additional electrical components used shall be completely identified.</P> </NOTE> <HD SOURCE="HD1">Figure 3—Material To Be Included With the Operating Instructions—on or With the Wiring Diagram Submitted to Each Customer</HD> <HD SOURCE="HD1">(Sometimes referred to as “Caution Statement”)</HD> <HD SOURCE="HD1">caution</HD> <P>To retain “permissibility” of this equipment the following conditions shall be satisfied:</P> <P>1. <E T="03">General safety.</E> Frequent inspection shall be made. All electrical parts, including the portable cable and wiring, shall be kept in a safe condition. There shall be no openings into the casings of the electrical parts. A permissible distribution box shall be used for connection to the power circuit unless connection is made in fresh intake air. To maintain the overload protection on direct-current machines, the ungrounded conductor of the portable cable shall be connected to the proper terminal. The machine frame shall be effectively grounded. The power wires shall not be used for grounding except in conjunction with diode(s) or equivalent. The operating voltage should match the voltage rating of the motor(s).</P> <P>2. <E T="03">Servicing.</E> 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.</P> <P>3. <E T="03">Fastenings.</E> All bolts, nuts, screws, and other means of fastening, and also threaded covers, shall be in place, properly tightened and secured.</P> <P>4. <E T="03">Renewals and repairs.</E> 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.</P> <P>5. <E T="03">Cable requirements.</E> A flame-resistant portable cable bearing a MSHA assigned identification number, adequately protected by an automatic circuit-interrupting device shall be used. <PRTPAGE P="125"/>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.</P> <HD SOURCE="HD1">Figure 4—Sample Factory Inspection Form</HD> <FP SOURCE="FRP">Date ______</FP> <FP SOURCE="FRP">Inspector ____________</FP> <HD SOURCE="HD1">machine</HD> <FP SOURCE="FP-DASH">Designation:</FP> <FP SOURCE="FP-DASH">Type: ______ Serial No.</FP> <HD SOURCE="HD1">motor</HD> <FP SOURCE="FP-DASH">Manufacturer:</FP> <FP SOURCE="FP-DASH">Serial No.: ___ Type:</FP> <FP SOURCE="FP-DASH">Frame:</FP> <FP>Hp.__ F.L. Speed:__ Volts:__ Amps._</FP> <FP SOURCE="FP-1">Winding: ___ X/P No. ___ (or parts list designation).</FP> <HD SOURCE="HD1">starter</HD> <FP SOURCE="FP-DASH">Manufacturer:</FP> <FP SOURCE="FP-DASH">Serial No. ___ Type:</FP> <FP SOURCE="FP-1">Hp. ___ Volts: ___ X/P No. ___ (or parts list designation).</FP> <FP>Short-circuit protection ___ amps.</FP> <FP>Overload-current protection ___ amps.</FP> <HD SOURCE="HD1">portable cable</HD> <FP>Manufacturer: _________________</FP> <FP>Type: ______ Conductors: _______</FP> <FP>Length: ___ O.D. ___ MSHA No. ____</FP> <FP SOURCE="FP-1">Is all wiring around machine adequately protected from mechanical damage?</FP> <FP SOURCE="FP-DASH">By hose conduit_____, Troughs</FP> <FP SOURCE="FP-DASH">Metal tubing _____, Other</FP> <FP SOURCE="FP-DASH">By removal of all sharp corners or edges?</FP> <FP SOURCE="FP-DASH">Is wiring separated from hydraulic components?</FP> <FP SOURCE="FP-DASH">Is an adequate insulated strain clamp provided for the portable cable?</FP> <FP SOURCE="FP-DASH">Are all packing glands properly packed so that <FR>1/8</FR>-inch clearance remains between packing nut and stuffing box?</FP> <FP SOURCE="FP-DASH">Are lockwashers (or equivalent) provided for all explosion-proof enclosure fastenings?</FP> <FP SOURCE="FP-DASH">Are all plane joints securely fastened so that an 0.005-inch feeler gage cannot be inserted?</FP> <FP SOURCE="FP-DASH">Are all threaded covers secured?</FP> <FP SOURCE="FP-DASH">How?</FP> <FP SOURCE="FP-DASH">Are all electrical connections secure ____and properly insulated where necessary?</FP> <NOTE> <HD SOURCE="HED">Note:</HD> <P>Add appropriate material for each explosion-proof enclosure when more than a motor and starter are on a machine.</P> </NOTE> <GPH DEEP="145" SPAN="1"> <PRTPAGE P="126"/> <GID>EC22OC91.014</GID> </GPH> <GPH DEEP="155" SPAN="1"> <GID>EC22OC91.015</GID> </GPH> <GPH DEEP="85" SPAN="1"> <GID>EC22OC91.016</GID> </GPH> <GPH DEEP="91" SPAN="1"> <GID>EC22OC91.017</GID> </GPH> <GPH DEEP="217" SPAN="1"> <GID>EC22OC91.018</GID> </GPH> <GPH DEEP="167" SPAN="1"> <GID>EC22OC91.019</GID> </GPH> <CITA>[33 FR 4660, Mar. 19, 1968, as amended at 42 FR 8373, Feb. 10, 1977; 42 FR 25855, May 20, 1977]</CITA> </APPENDIX> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Field Approval of Electrically Operated Mining Equipment</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>36 FR 7007, Apr. 13, 1971, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 18.90</SECTNO> <SUBJECT>Purpose.</SUBJECT> <P>The regulations of this subpart E set forth the procedures and requirements <PRTPAGE P="127"/>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).</P> </SECTION> <SECTION> <SECTNO>§ 18.91</SECTNO> <SUBJECT>Electric equipment for which field approvals will be issued.</SUBJECT> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 18.92</SECTNO> <SUBJECT>Quality of material and design.</SUBJECT> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 18.93</SECTNO> <SUBJECT>Application for field approval; filing procedures.</SUBJECT> <P>(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.</P> <P>(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 § 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.</P> <P>(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 § 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.</P> <P>(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 § 18.91, and cause the application to be reviewed by a qualified electrical representative to determine compliance with § 18.92:</P> <P>(1) If it is determined on the basis of the application or the data submitted in accordance with § 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.</P> <P>(2) If it is determined on the basis of data submitted in accordance with § 18.94 that the applicant is not qualified to receive an approval or that the machine does not appear to be suitable <PRTPAGE P="128"/>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.</P> <P>(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.</P> <CITA>[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.94</SECTNO> <SUBJECT>Application for field approval; contents of application.</SUBJECT> <P>(a) Each application for field approval shall, except as provided in § 18.93(b), include the following information with respect to the electrically operated machine for which field approval is sought:</P> <P>(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.</P> <P>(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.</P> <P>(b) Each application for field approval shall be accompanied by:</P> <P>(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.</P> <P>(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.</P> <P>(3) All applications shall include specifications for:</P> <P>(i) Overcurrent protection of motors;</P> <P>(ii) All wiring between components, including mechanical protection such as hose conduit and clamps;</P> <P>(iii) Portable trailing cable for use with the machine, including the type, length, diameter, and number and size of conductors;</P> <P>(iv) Insulated strain clamp for machine end of portable trailing cable;</P> <P>(v) Short-circuit protection to be provided at outby end of portable trailing cable.</P> <CITA>[33 FR 4660, Mar. 19, 1968, as amended at 57 FR 61223, Dec. 23, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.95</SECTNO> <SUBJECT>Approval of machines constructed of components approved, accepted or certified under Bureau of Mines Schedule 2D, 2E, 2F, or 2G.</SUBJECT> <P>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 § 18.94.</P> </SECTION> <SECTION> <SECTNO>§ 18.96</SECTNO> <SUBJECT>Preparation of machines for inspection; requirements.</SUBJECT> <P>(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:</P> <P>(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;</P> <P>(2) All enclosure covers shall be removed;</P> <P>(3) The flanges and interior of each enclosure, including the cover, shall be cleaned thoroughly;<PRTPAGE P="129"/> </P> <P>(4) All hoses, cables, cord, and conveyor belts shall be wiped clean to expose surface markings;</P> <P>(5) All electrical components shall be cleaned to reveal all stampings, identification plates, certification numbers, or explosion test markings.</P> </SECTION> <SECTION> <SECTNO>§ 18.97</SECTNO> <SUBJECT>Inspection of machines; minimum requirements.</SUBJECT> <P>(a) Except as provided in § 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 § 18.98.</P> <P>(b) The inspection of each machine shall be conducted by an electrical representative and such inspection shall include:</P> <P>(1) Examination of all electrical components for materials, workmanship, design, and construction;</P> <P>(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;</P> <P>(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;</P> <P>(4) Pressure testing of explosion-proof compartments, when necessary, shall be conducted in accordance with § 18.98; and:</P> <P>(i) Where the results of pressure testing are acceptable, the applicant shall be advised;</P> <P>(ii) Where the explosion-proof enclosure is found unacceptable, the applicant shall be so informed;</P> <P>(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.</P> <CITA>[33 FR 4660, Mar. 19, 1968, as amended at 42 FR 8373, Feb. 10, 1977]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.98</SECTNO> <SUBJECT>Enclosures, joints, and fastenings; pressure testing.</SUBJECT> <P>(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.</P> <P>(b) Pneumatic field testing of explosion-proof enclosures shall be conducted by determining:</P> <P>(1) Leak performance with a peak dynamic or static pressure of 150 pounds per square inch (gage); or</P> <P>(2) A pressure rise and rate of decay consistent with unyielding components during a pressure-time history as derived from a series of oscillograms.</P> <P>(c) Welded joints forming an enclosure shall have continuous gastight welds.</P> </SECTION> <SECTION> <SECTNO>§ 18.99</SECTNO> <SUBJECT>Notice of approval or disapproval; letters of approval and approval plates.</SUBJECT> <P>Upon completion of each inspection conducted in accordance with § 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.</P> <P>(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.</P> <P>(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 <PRTPAGE P="130"/>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.</P> <CITA>[33 FR 4660, Mar. 19, 1968, as amended at 42 FR 8373, Feb. 10, 1977; 43 FR 12314, Mar. 24, 1978]</CITA> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 19</EAR> <HD SOURCE="HED">PART 19—ELECTRIC CAP LAMPS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>19.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <SECTNO>19.2</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>19.3</SECTNO> <SUBJECT>Application procedures and requirements.</SUBJECT> <SECTNO>19.4</SECTNO> <SUBJECT>Conditions governing investigations.</SUBJECT> <SECTNO>19.5</SECTNO> <SUBJECT>General requirements for approval.</SUBJECT> <SECTNO>19.6</SECTNO> <SUBJECT>Specific requirements for approval.</SUBJECT> <SECTNO>19.7</SECTNO> <SUBJECT>Protection against explosion hazard.</SUBJECT> <SECTNO>19.8</SECTNO> <SUBJECT>Protection against bodily hazard.</SUBJECT> <SECTNO>19.9</SECTNO> <SUBJECT>Performance.</SUBJECT> <SECTNO>19.10</SECTNO> <SUBJECT>Material required for MSHA records.</SUBJECT> <SECTNO>19.11</SECTNO> <SUBJECT>How approvals are granted.</SUBJECT> <SECTNO>19.12</SECTNO> <SUBJECT>Wording, purpose, and use of approval plate.</SUBJECT> <SECTNO>19.13</SECTNO> <SUBJECT>Instructions for handling future changes in lamp design.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>30 U.S.C. 957, 961.</P> <P>Secs. 19.1(b) and 19.7(a) also issued under 30 U.S.C. 811.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>Schedule 6D, 4 FR 4003, Sept. 21, 1939, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 19.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(c) <E T="03">Definition of permissible.</E> 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.)</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>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.</P> </NOTE> <SECAUTH>(Sec. 101, Federal Mine Safety and Health Act of 1977, 91 Stat. 1291 (30 U.S.C. 811))</SECAUTH> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 19.2</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 19.3</SECTNO> <SUBJECT>Application procedures and requirements.</SUBJECT> <P>(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, RR #1, Box 251, Industrial Park Road, Triadelphia, West Virginia 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 § 5.40.</P> <P>(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:<PRTPAGE P="131"/> </P> <P>(1) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization;</P> <P>(2) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements;</P> <P>(3) Identification of components or features of the product that are critical to the safety of the product; and</P> <P>(4) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.</P> <P>(c) An applicant may request testing and evaluation to non-MSHA product safety standards which have been determined by MSHA to be equivalent, under § 6.20 of this chapter, to MSHA's product approval requirements under this part.</P> <CITA>[68 FR 36419, June 17, 2003, as amended at 70 FR 46342, Aug. 9, 2005]</CITA> </SECTION> <SECTION> <SECTNO>§ 19.4</SECTNO> <SUBJECT>Conditions governing investigations.</SUBJECT> <P>(a) One complete lamp, with the assembly and detail drawings that show the construction of the lamp and the materials of which it is made, should be submitted at the time the application for test is made. This material should be sent prepaid to Approval and Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059.</P> <P>(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.</P> <P>(c) The applicant will be notified of the date on which the tests will start and will be given an opportunity to witness them.</P> <P>(d) <E T="03">Observers at formal investigations and demonstrations.</E> 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.</P> <P>(e) Permissibility tests will not be made unless the lamp has been completely developed and is in a form that can be marketed.</P> <P>(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.</P> <P>(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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 19.5</SECTNO> <SUBJECT>General requirements for approval.</SUBJECT> <P>Electric cap lamps shall be complete units. They shall be durable in construction, practical in operation, and suitable for the conditions of underground service. They shall offer no probable explosion hazard if used in gassy or dusty mine atmospheres or bodily hazard from the spilling of the battery electrolyte. They shall exhibit, under laboratory test conditions, the <PRTPAGE P="132"/>various minimum performance requirements specified in this part.</P> </SECTION> <SECTION> <SECTNO>§ 19.6</SECTNO> <SUBJECT>Specific requirements for approval.</SUBJECT> <P>(a) <E T="03">Design.</E> 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, <SU>1</SU> <FTREF/> by durability tests of the cord and cord armor, <SU>2</SU> <FTREF/> 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.</P> <FTNT> <P> <SU>1</SU> Batteries are dropped 3 feet, at least 20 times onto an oak floor. Headpieces are dropped 6 feet, at least 20 times, onto concrete.</P> </FTNT> <FTNT> <P> <SU>2</SU> 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.</P> </FTNT> <P>(b) <E T="03">Angle of light beam.</E> 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.</P> <P>(c) <E T="03">Light distribution, visual.</E> Excepting special headpieces for inspection purposes, the area illuminated by the beam shall be free from sharp gradations in light intensity and spectral shadows.</P> <P>(d) <E T="03">Light distribution, photometric.</E> (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. <SU>3</SU> <FTREF/> </P> <FTNT> <P> <SU>3</SU> The minimum allowable angle of 120 degrees will be used in determining the mean candlepower of the beam.</P> </FTNT> <P>(2) The minimum candlepower of the beam based upon readings at the design voltage of the bulb shall not be less than 1.</P> </SECTION> <SECTION> <SECTNO>§ 19.7</SECTNO> <SUBJECT>Protection against explosion hazard.</SUBJECT> <P>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:</P> <P>(a) <E T="03">Safety device or design.</E> 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.</P> <P>(b) <E T="03">Headpiece lock or seal.</E> 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.</P> <P>(c) <E T="03">Locks on charging terminals.</E> 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.</P> <P>(d) <E T="03">Protection of battery terminals.</E> 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.</P> <P>(e) <E T="03">Battery current restricted.</E> The amount of current flow between the conductors of the cord, if short-circuited just outside of the battery casing or cord armor, shall be limited by the design of the battery or by a fuse to such a value<SU>4</SU> <FTREF/> as will not <PRTPAGE P="133"/>produce sparks that will ignite an explosive mixture of methane and air.</P> <FTNT> <P> <SU>4</SU> The following maximum short-circuit current values may be used as a guide in the <PRTPAGE/>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.</P> </FTNT> <P>(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.</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>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.</P> </NOTE> <SECAUTH>(Sec. 101, Federal Mine Safety and Health Act of 1977, 91 Stat. 1291 (30 U.S.C. 811))</SECAUTH> <CITA>[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as amended at 47 FR 11369, Mar. 16, 1982]</CITA> </SECTION> <SECTION> <SECTNO>§ 19.8</SECTNO> <SUBJECT>Protection against bodily hazard.</SUBJECT> <P>This hazard is chiefly due to the possible burning of the wearer by electrolyte spilled from the battery. MSHA therefore requires that:</P> <P>(a) <E T="03">Spilling of electrolyte.</E> 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.</P> <P>(b) <E T="03">Corrosion of battery container.</E> The material of which the container is made shall resist corrosion under conditions of use.</P> </SECTION> <SECTION> <SECTNO>§ 19.9</SECTNO> <SUBJECT>Performance.</SUBJECT> <P>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:</P> <P>(a) <E T="03">Time of burning and candlepower.</E> 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.</P> <P>(b) <E T="03">Bulb life.</E> 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.</P> <P>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.</P> <P>(c) <E T="03">Bulb uniformity.</E> (1) The bulbs submitted shall meet the following minimum requirements for variation in current consumption and candlepower:</P> <P>(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.</P> <P>(d) <E T="03">Corrosion of contacts.</E> Battery terminals and leads therefrom, as well as the battery gas vents, shall be designed to minimize corrosion of the electrical contacts.</P> <CITA>[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as amended at 47 FR 11369, Mar. 16, 1982]</CITA> </SECTION> <SECTION> <SECTNO>§ 19.10</SECTNO> <SUBJECT>Material required for MSHA records.</SUBJECT> <P>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:</P> <P>(a) <E T="03">Drawings.</E> 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.</P> <P>(b) <E T="03">Actual equipment.</E> (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.</P> <P>(2) If the lamp is approved, MSHA will require the manufacturer, as soon as his first manufactured lamps are available, to submit one complete lamp, bearing the approval plate, as a record of his commercial product.</P> </SECTION> <SECTION> <SECTNO>§ 19.11</SECTNO> <SUBJECT>How approvals are granted.</SUBJECT> <P>(a) All approvals are granted by official letter from MSHA. A lamp will be <PRTPAGE P="134"/>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.</P> <P>(b) As soon as the manufacturer has received the formal approval he shall be free to advertise his lamps as permissible.</P> <CITA>[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as amended by Supp. 1, 20 FR 2718, Apr. 23, 1955]</CITA> </SECTION> <SECTION> <SECTNO>§ 19.12</SECTNO> <SUBJECT>Wording, purpose, and use of approval plate.</SUBJECT> <P>(a) <E T="03">Approval plate.</E> 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.</P> <P>(b) <E T="03">Purpose of approval plate.</E> 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.</P> <P>(c) <E T="03">Use of approval plate.</E> 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.</P> <P>(d) <E T="03">Withdrawal of approval.</E> MSHA reserves the right to rescind, for cause, at any time any approval granted under this part.</P> <CITA>[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as amended at 43 FR 12314, Mar. 24, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 19.13</SECTNO> <SUBJECT>Instructions for handling future changes in lamp design.</SUBJECT> <P>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:</P> <P>(a)(1) The manufacturer shall write to the Approval and Certification Center, Rural Route #1, Box 251, Industrial Park Road, Triadelphia, WV 26059, requesting an extension of the original approval and stating the change or changes desired. With this letter the manufacturer should submit a revised drawing or drawings showing the changes in detail, and one of each of the changed lamp parts.</P> <P>(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:</P> <P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization;</P> <P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements;</P> <P>(iii) Identification of components or features of the product that are critical to the safety of the product; and</P> <P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.</P> <P>(b) MSHA will consider the application and inspect the drawings and parts to determine whether it will be necessary to make any tests.<PRTPAGE P="135"/> </P> <P>(c) If no tests are necessary, the applicant will be advised of the approval or disapproval of the change by letter from MSHA.</P> <P>(d) If tests are judged necessary, the applicant will be advised of the material that will be required.</P> <CITA>[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]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 20</EAR> <HD SOURCE="HED">PART 20—ELECTRIC MINE LAMPS OTHER THAN STANDARD CAP LAMPS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>20.0</SECTNO> <SUBJECT>Compliance with the requirements necessary for obtaining approval.</SUBJECT> <SECTNO>20.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <SECTNO>20.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>20.3</SECTNO> <SUBJECT>Application procedures and requirements.</SUBJECT> <SECTNO>20.4</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>20.5</SECTNO> <SUBJECT>Conditions governing investigations.</SUBJECT> <SECTNO>20.6</SECTNO> <SUBJECT>General requirements.</SUBJECT> <SECTNO>20.7</SECTNO> <SUBJECT>Specific requirements.</SUBJECT> <SECTNO>20.8</SECTNO> <SUBJECT>Class 1 lamps.</SUBJECT> <SECTNO>20.9</SECTNO> <SUBJECT>Class 2 lamps.</SUBJECT> <SECTNO>20.10</SECTNO> <SUBJECT>Tests (class 1 and 2 lamps).</SUBJECT> <SECTNO>20.11</SECTNO> <SUBJECT>Material required for MSHA records.</SUBJECT> <SECTNO>20.12</SECTNO> <SUBJECT>How approvals are granted.</SUBJECT> <SECTNO>20.13</SECTNO> <SUBJECT>Approval plate.</SUBJECT> <SECTNO>20.14</SECTNO> <SUBJECT>Instructions for handling future changes in lamp design.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>30 U.S.C. 957, 961.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>Schedule 10C, May 17, 1938, as amended at 5 FR 3467, Aug. 30, 1940, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 20.0</SECTNO> <SUBJECT>Compliance with the requirements necessary for obtaining approval.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 20.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <CITA>[Sched. 10C, May 17, 1938, as amended at 5 FR 3467, Aug. 30, 1940; 54 FR 30513, July 20, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>(a) <E T="03">Adequate.</E> Appropriate and sufficient as determined by mutual agreement between the manufacturer and MSHA.</P> <P>(b) <E T="03">Approval.</E> 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.</P> <P>(c) <E T="03">Explosion-proof compartment.</E> 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.</P> <P>(d) <E T="03">Permissible.</E> 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.)</P> <CITA>[Sched. 10C, May 17, 1938, as amended by Supp. 1, 20 FR 2718, Apr. 23, 1955]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.3</SECTNO> <SUBJECT>Application procedures and requirements.</SUBJECT> <P>(a) Before MSHA will undertake the active investigation of any lamp, the applicant shall make application by <PRTPAGE P="136"/>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, RR #1, Box 251, Industrial Park Road, Triadelphia, West Virginia 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 § 5.40.</P> <P>(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:</P> <P>(1) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization;</P> <P>(2) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements;</P> <P>(3) Identification of components or features of the product that are critical to the safety of the product; and</P> <P>(4) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required under this part.</P> <P>(c) An applicant may request testing and evaluation to non-MSHA product safety standards which have been determined by MSHA to be equivalent, under § 6.20 of this chapter, to MSHA's product approval requirements under this part.</P> <CITA>[68 FR 36420, June 17, 2003, as amended at 70 FR 46343, Aug. 9, 2005]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.4</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 20.5</SECTNO> <SUBJECT>Conditions governing investigations.</SUBJECT> <P>(a) One complete lamp, with assembly and detail drawings that show the construction of the lamp and the materials of which it is made, should be submitted at the time the application for investigation is made. This material should be sent prepaid to Approval and Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059.</P> <P>(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.</P> <P>(c) <E T="03">Observers at formal investigations and demonstrations.</E> 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.</P> <P>(d) Permissibility tests will not be made unless the lamp is complete and in a form that can be marketed.</P> <P>(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.</P> <P>(f) No verbal report of approval or disapproval will be made to the applicant. Approval will be made only in writing by MSHA. The applicant shall not be free to advertise the lamp as being permissible, or as having passed the tests, prior to receipt of formal notice of approval.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <PRTPAGE P="137"/> <SECTNO>§ 20.6</SECTNO> <SUBJECT>General requirements.</SUBJECT> <P>(a) The lamps shall be durable in construction, practical in operation, and suitable for the service for which they are designed and approved.</P> <P>(b) The intensity of light, distribution of light, and battery capacity shall be adequate for the use for which the lamp is intended.</P> <P>(c) Battery terminals and leads therefrom, as well as the battery gas vents, shall be designed to minimize corrosion of the electrical contacts.</P> <P>(d) Bulbs and other replacement parts of the lamps shall be adequately marked as a means of identification.</P> </SECTION> <SECTION> <SECTNO>§ 20.7</SECTNO> <SUBJECT>Specific requirements.</SUBJECT> <P>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.</P> <P>(a) <E T="03">Class 1.</E> Class 1 includes hand lamps, signal lamps, inspection lamps, flashlights, and animal lamps which are operated by small storage batteries or dry cells.</P> <P>(b) <E T="03">Class 2.</E> Class 2 includes lamps such as the pneumatic-electric types and large battery lamps.</P> </SECTION> <SECTION> <SECTNO>§ 20.8</SECTNO> <SUBJECT>Class 1 lamps.</SUBJECT> <P>(a) <E T="03">Protection against explosion hazards.</E> 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:</P> <P>(1) <E T="03">Safety device or design.</E> 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.</P> <P>(2) <E T="03">Safety device</E> (<E T="03">protection</E>). 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.</P> <P>(3) <E T="03">Locks or seals.</E> 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.</P> <P>(4) <E T="03">Battery current restricted.</E> 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.</P> <P>(b) <E T="03">Protection against bodily hazard.</E> This hazard is chiefly due to the possible burning of the user by electrolyte spilled from the battery. MSHA, therefore, requires that:</P> <P>(1) <E T="03">Spilling of electrolyte.</E> 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.</P> <P>(2) <E T="03">Corrosion of battery container.</E> The material of which the container is made shall resist corrosion under conditions of normal use.</P> <CITA>[Sched. 10C, May 17, 1938, as amended at 5 FR 3467, Aug. 30, 1940; 54 FR 30513, July 20, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.9</SECTNO> <SUBJECT>Class 2 lamps.</SUBJECT> <P>(a) <E T="03">Safety.</E> (1) Unless special features of the lamp prevent ignition of explosive mixtures of methane and air by <PRTPAGE P="138"/>the broken bulb or other igniting sources within the lamp, the bulb and all spark-producing parts must be enclosed in explosion-proof compartments.</P> <P>(2) Explosion-proof compartments will be tested while filled and surrounded with explosive mixtures of Pittsburgh natural gas <SU>1</SU> <FTREF/> 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.</P> <FTNT> <P> <SU>1</SU> Investigation has shown that for practical purposes Pittsburgh natural gas (containing a high percentage of methane) is a satisfactory substitute for pure methane.</P> </FTNT> <P>(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.</P> <P>(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.</P> <P>(b) <E T="03">Locks and seals</E> (<E T="03">lighting attachment</E>). Explosion-proof compartments shall be equipped with seals or locks that prevent unauthorized and unsafe opening of the compartments in a mine.</P> <P>(c) <E T="03">Locks or seals</E> (<E T="03">battery</E>). The battery shall be enclosed in a locked or sealed container that will prevent exposure of live terminals.</P> <P>(d) <E T="03">Temperature of lamp.</E> The temperature of the lamp under conditions of use shall not be such that a person may be burned in handling it.</P> <P>(e) <E T="03">Cable and connection.</E> (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.</P> <P>(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.</P> <P>(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.</P> <FP>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.</FP> </SECTION> <SECTION> <SECTNO>§ 20.10</SECTNO> <SUBJECT>Tests (class 1 and 2 lamps).</SUBJECT> <P>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:</P> <P>(a) Safety tests, including tests of safey devices, electrical contacts, and explosion-proof features.</P> <P>(b) Photometric tests.</P> <P>(c) Tests to demonstrate adequacy of mechanical strength.</P> <P>(d) Tests of nonspilling features (storage-battery lamps of class 1).</P> <P>(e) Temperature tests.</P> </SECTION> <SECTION> <SECTNO>§ 20.11</SECTNO> <SUBJECT>Material required for MSHA records.</SUBJECT> <P>In order that MSHA may know exactly what it has tested and approved, detailed records are kept covering each <PRTPAGE P="139"/>investigation. These include drawings and actual equipment, as follows:</P> <P>(a) <E T="03">Drawings.</E> 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.</P> <P>(b) <E T="03">Equipment.</E> (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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 20.12</SECTNO> <SUBJECT>How approvals are granted.</SUBJECT> <P>(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.</P> <P>(b) As soon as the manufacturer has received the formal approval he shall be free to advertise his lamp as permissible.</P> <CITA>[Sched. 10C, May 17, 1938, as amended by Supp. 1, 20 FR 2719, Apr. 23, 1955]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.13</SECTNO> <SUBJECT>Approval plate.</SUBJECT> <P>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.</P> <P>(a) <E T="03">Purpose of approval plate.</E> 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.</P> <P>(b) <E T="03">Use of approval plate.</E> 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.</P> <P>(c) <E T="03">Withdrawal of approval.</E> MSHA reserves the right to rescind for cause at any time any approval granted under this part.</P> <CITA>[Sched. 10C, May 17, 1938, as amended at 5 FR 3467, Aug. 30, 1940; 43 FR 12314, Mar. 24, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.14</SECTNO> <SUBJECT>Instructions for handling future changes in lamp design.</SUBJECT> <P>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:</P> <P>(a)(1) The manufacturer shall write to the Approval and Certification Center, Rural Route #1, Box 251, Industrial Park Road, Triadelphia, WV 26059, requesting an extension of the original approval and describing the change or changes proposed. With this letter the manufacturer should submit a revised drawing or drawings showing the changes in detail, and one of each of the changed lamp parts.</P> <P>(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 <PRTPAGE P="140"/>changes to an approved product under this part, the applicant must provide to MSHA as part of the approval application:</P> <P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization;</P> <P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements;</P> <P>(iii) Identification of components or features of the product that are critical to the safety of the product; and</P> <P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.</P> <P>(b) MSHA will consider the application and inspect the drawings and parts to determine whether it will be necessary to make any tests.</P> <P>(c) If no tests are necessary, the applicant will be advised of the acceptance or rejection of the proposed change by letter from MSHA.</P> <P>(d) If tests are judged necessary, the applicant will be advised of the material that will be required.</P> <CITA>[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]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 22</EAR> <HD SOURCE="HED">PART 22—PORTABLE METHANE DETECTORS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>22.0</SECTNO> <SUBJECT>Compliance with the requirements necessary for obtaining approval.</SUBJECT> <SECTNO>22.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <SECTNO>22.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>22.3</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>22.4</SECTNO> <SUBJECT>Application procedures and requirements.</SUBJECT> <SECTNO>22.5</SECTNO> <SUBJECT>Conditions governing investigations.</SUBJECT> <SECTNO>22.6</SECTNO> <SUBJECT>General requirements.</SUBJECT> <SECTNO>22.7</SECTNO> <SUBJECT>Specific requirements.</SUBJECT> <SECTNO>22.8</SECTNO> <SUBJECT>Material required for MSHA records.</SUBJECT> <SECTNO>22.9</SECTNO> <SUBJECT>How approvals are granted.</SUBJECT> <SECTNO>22.10</SECTNO> <SUBJECT>Approval plate.</SUBJECT> <SECTNO>22.11</SECTNO> <SUBJECT>Instructions on handling future changes in design.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>30 U.S.C. 957, 961.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>Schedule 8C, Oct. 31, 1935, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 22.0</SECTNO> <SUBJECT>Compliance with the requirements necessary for obtaining approval.</SUBJECT> <P>To receive approval of MSHA for any portable methane detectors a manufacturer must comply with the requirements specified in this part.</P> </SECTION> <SECTION> <SECTNO>§ 22.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 22.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>(a) <E T="03">Methane detector.</E> A methane detector is a device that may be used to detect the presence of methane in a gassy mine.</P> <P>(b) <E T="03">Methane-indicating detector.</E> 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.</P> <P>(c) <E T="03">Permissible.</E> 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.)</P> <CITA>[Sched. 8C, Oct. 31, 1955, as amended by Supp. 1, 20 FR 2575, Apr. 19, 1955]</CITA> </SECTION> <SECTION> <PRTPAGE P="141"/> <SECTNO>§ 22.3</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 22.4</SECTNO> <SUBJECT>Application procedures and requirements.</SUBJECT> <P>(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, RR #1, Box 251, Industrial Park Road, Triadelphia, West Virginia 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 § 5.40.</P> <P>(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:</P> <P>(1) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization;</P> <P>(2) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements;</P> <P>(3) Identification of components or features of the product that are critical to the safety of the product; and</P> <P>(4) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.</P> <P>(c) An applicant may request testing and evaluation to non-MSHA product safety standards which have been determined by MSHA to be equivalent, under § 6.20 of this chapter, to MSHA's product approval requirements under this part.</P> <CITA>[68 FR 36420, June 17, 2003, as amended at 70 FR 46343, Aug. 9, 2005; 70 FR 48872, Aug. 22, 2005]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.5</SECTNO> <SUBJECT>Conditions governing investigations.</SUBJECT> <P>(a) One complete detector, with assembly and detail drawings that show the construction of the device and the materials of which it is made, should be forwarded prepaid to Approval and Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059, at the time the application for tests is made.</P> <P>(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.</P> <P>(c) <E T="03">Observers at formal investigations and demonstrations.</E> 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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.6</SECTNO> <SUBJECT>General requirements.</SUBJECT> <P>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 <PRTPAGE P="142"/>gaseous mine atmospheres nor any bodily hazard, such as spilling of battery electrolyte. They shall exhibit under laboratory test conditions various requirements of minimum performance that are specified in this part.</P> </SECTION> <SECTION> <SECTNO>§ 22.7</SECTNO> <SUBJECT>Specific requirements.</SUBJECT> <P>(a) <E T="03">Design.</E> 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.</P> <P>(b) <E T="03">Safety against explosion hazard</E>—(1) <E T="03">Detectors.</E> Detectors shall be constructed so that they will not cause external ignitions when used in gaseous mine atmospheres.</P> <P>(2) <E T="03">Seals or locks.</E> 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.</P> <P>(3) <E T="03">Glasses.</E> 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.</P> <P>(4) <E T="03">Battery.</E> 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.</P> <P>(5) <E T="03">Detectors of the flame type.</E> Methane detectors of the flame type shall be subject to the requirements of the flame-lamp schedule then in force.</P> <P>(c) <E T="03">Safety against bodily hazard.</E> 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:</P> <P>(1) <E T="03">Spilling of electrolyte.</E> The battery shall be so designed and constructed that when properly filled it will not spill electrolyte under actual service conditions.</P> <P>(2) <E T="03">Corrosion of battery container.</E> The material of which the container is made shall resist corrosion under conditions of use.</P> <P>(d) <E T="03">Performance.</E> 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:</P> <P>(1) <E T="03">Detectors.</E> (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.</P> <P>(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.</P> <P>(2) <E T="03">Indicating detectors.</E> 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:</P> <GPOTABLE CDEF="9,9,9" COLS="3" OPTS="L2"> <TTITLE>Allowable Variations in Scale Reading</TTITLE> <TDESC>[In percent]</TDESC> <BOXHD> <CHED H="1">Methane in mixtures</CHED> <CHED H="1">Minimum indication</CHED> <CHED H="1">Maximum indication</CHED> </BOXHD> <ROW> <ENT I="01">0.25</ENT> <ENT>0.10</ENT> <ENT>0.40</ENT> </ROW> <ROW> <ENT I="01">.50</ENT> <ENT>.35</ENT> <ENT>.65</ENT> </ROW> <ROW> <ENT I="01">1.00</ENT> <ENT>.80</ENT> <ENT>1.20</ENT> </ROW> <ROW> <ENT I="01">2.00</ENT> <ENT>1.80</ENT> <ENT>2.20</ENT> </ROW> <ROW> <ENT I="01">3.00</ENT> <ENT>2.70</ENT> <ENT>3.30</ENT> </ROW> <ROW> <ENT I="01">4.00</ENT> <ENT>3.70</ENT> <ENT>4.30</ENT> </ROW> </GPOTABLE> <P>(i) Tests shall be made at several percentages within the range of the indicating detector and at temperatures between the limits of 50° and 70 °F. by increments of 5°. Ten determinations shall be made at each percentage. Neither the average of the 10 readings nor <PRTPAGE P="143"/>more than 2 readings for each percentage shall exceed the limits of error given in the table.</P> <P>(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.</P> <P>(iii) The scale shall not be subdivided into smaller divisions than the general accuracy of the indicating detector warrants.</P> <P>(3) <E T="03">Mechanical strength.</E> 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.</P> <P>(e) <E T="03">Attachments for illumination.</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 22.8</SECTNO> <SUBJECT>Material required for MSHA records.</SUBJECT> <P>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:</P> <P>(a) <E T="03">Drawings.</E> 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.</P> <P>(b) <E T="03">Actual equipment.</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 22.9</SECTNO> <SUBJECT>How approvals are granted.</SUBJECT> <P>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.</P> <CITA>[Sched. 8C, Oct. 31, 1935, as amended by Supp. 1, 20 FR 2575, Apr. 19, 1955]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.10</SECTNO> <SUBJECT>Approval plate.</SUBJECT> <P>(a) <E T="03">Attachment to be made by manufacturers.</E> (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: </P> <EXTRACT> <P>Permissible Methane Detector (or Permissible Methane Indicating Detector) Approval No. ___ issued to the _______ Company.</P> </EXTRACT> <P>(2) When deemed necessary, an appropriate caution statement shall be added. The size and position of the approval plate shall be satisfactory to MSHA.</P> <P>(b) <E T="03">Purpose of approval plate.</E> 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.</P> <P>(c) <E T="03">Use of approval plate.</E> 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 <PRTPAGE P="144"/>been accepted by MSHA and are in MSHA's files. Detectors exhibiting changes in design that have not been approved are not permissible and must not bear MSHA's approval plate.</P> <P>(d) <E T="03">Withdrawal of approval.</E> MSHA reserves the right to rescind for cause at any time any approval granted under this part.</P> <CITA>[Sched. 8C, Oct. 31, 1935, as amended at 43 FR 12315, Mar. 24, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.11</SECTNO> <SUBJECT>Instructions on handling future changes in design.</SUBJECT> <P>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:</P> <P>(a)(1) The manufacturer must write to the Approval and Certification Center, Rural Route #1, Box 251, Industrial Park Road, Triadelphia, WV 26059, requesting an extension of the original approval and stating the change or changes desired. With this request, the manufacturer should submit a revised drawing or drawings showing changes in detail, together with one of each of the parts affected.</P> <P>(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:</P> <P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization;</P> <P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements;</P> <P>(iii) Identification of components or features of the product that are critical to the safety of the product; and</P> <P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.</P> <P>(b) MSHA will consider the application and inspect the drawings and parts to determine whether it will be necessary to make any tests.</P> <P>(c) If no tests are necessary, the applicant will be advised of the approval or disapproval of the change by letter from MSHA.</P> <P>(d) If tests are judged necessary, the applicant will be advised of the material that will be required.</P> <CITA>[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]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 23</EAR> <HD SOURCE="HED">PART 23—TELEPHONES AND SIGNALING DEVICES</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>23.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <SECTNO>23.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>23.3</SECTNO> <SUBJECT>Application procedures and requirements.</SUBJECT> <SECTNO>23.4</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>23.5</SECTNO> <SUBJECT>Conditions governing investigations.</SUBJECT> <SECTNO>23.6</SECTNO> <SUBJECT>General requirements for approval.</SUBJECT> <SECTNO>23.7</SECTNO> <SUBJECT>Specific requirements for approval.</SUBJECT> <SECTNO>23.8</SECTNO> <SUBJECT>Inspection and tests.</SUBJECT> <SECTNO>23.9</SECTNO> <SUBJECT>Special requirements for complete devices.</SUBJECT> <SECTNO>23.10</SECTNO> <SUBJECT>Material required for MSHA records.</SUBJECT> <SECTNO>23.11</SECTNO> <SUBJECT>How approvals are granted.</SUBJECT> <SECTNO>23.12</SECTNO> <SUBJECT>Wording, purpose, and use of approval plate.</SUBJECT> <SECTNO>23.13</SECTNO> <SUBJECT>Withdrawal of approval.</SUBJECT> <SECTNO>23.14</SECTNO> <SUBJECT>Instructions for handling future changes in design.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>30 U.S.C. 957, 961.</P> <P>Sec. 23.2(f) also issued under 30 U.S.C. 811.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>Schedule 9B, 4 FR 1555, Apr. 11, 1939, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 23.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <P>(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.</P> <P>(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 <PRTPAGE P="145"/>relating to permissible equipment, for the information of State mine inspection departments, compensation bureaus, mine operators, miners, and others interested in safety equipment for mines.</P> </SECTION> <SECTION> <SECTNO>§ 23.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>(a) <E T="03">Adequate</E> means appropriate and sufficient, as determined by mutual agreement of the manufacturer, operators, and MSHA.</P> <P>(b) <E T="03">Approval</E> 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.</P> <P>(c) <E T="03">Normal operation</E> means the performance by each part of the device of those functions for which the part was designed.</P> <P>(d) <E T="03">Permissible</E> 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.)</P> <P>(e) <E T="03">Protected</E> means effectively covered, enclosed, or otherwise guarded by adequate covers.</P> <P>(f) <E T="03">Signaling device.</E> As used in this part, a signaling device is one that gives visual or audible signals.</P> <P>(g) <E T="03">MESA</E> means the United States Department of the Interior, Mining Enforcement and Safety Administration. Predecessor orgainzation to MSHA, prior to March 9, 1978.</P> <P>(h) <E T="03">MSHA</E> means the U.S. Department of Labor, Mine Safety and Health Administration.</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>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.</P> </NOTE> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 23.3</SECTNO> <SUBJECT>Application procedures and requirements.</SUBJECT> <P>(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, RR #1, Box 251, Industrial Park Road, Triadelphia, West Virginia 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 § 5.40.</P> <P>(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:</P> <P>(1) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization;</P> <P>(2) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements;</P> <P>(3) Identification of components or features of the product that are critical to the safety of the product; and</P> <P>(4) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.</P> <P>(c) An applicant may request testing and evaluation to non-MSHA product safety standards which have been determined by MSHA to be equivalent, under § 6.20 of this chapter, to MSHA's product approval requirements under this part.</P> <CITA>[68 FR 36421, June 17, 2003, as amended at 70 FR 46343, Aug. 9, 2005; 70 FR 48872, Aug. 22, 2005]</CITA> </SECTION> <SECTION> <SECTNO>§ 23.4</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 23.5</SECTNO> <SUBJECT>Conditions governing investigations.</SUBJECT> <P>(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 <PRTPAGE P="146"/>shall be sent prepaid to Approval and Certification Center, Box 201B Industrial Park Road, Dallas Pike, Triadelphia, W. Va. 26059.</P> <P>(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.</P> <P>(c) <E T="03">Observers at formal investigations and demonstrations.</E> 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.</P> <P>(d) Formal tests will not be made unless the device has been completely developed and is in a form that can be marketed.</P> <P>(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.</P> <P>(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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 23.6</SECTNO> <SUBJECT>General requirements for approval.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 23.7</SECTNO> <SUBJECT>Specific requirements for approval.</SUBJECT> <P>(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.</P> <P>(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 <FR>3/8</FR>-inch width of contact will be acceptable.</P> <P>(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 <PRTPAGE P="147"/>spark-producing parts by unauthorized persons.</P> <P>(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.</P> <P>(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.</P> <P>(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, <SU>1</SU> <FTREF/> or enclosed in explosion-proof compartments.</P> <FTNT> <P> <SU>1</SU> In this case, the requirements of the current schedule for mine lamps will apply.</P> </FTNT> <P>(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.</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>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.</P> </NOTE> <CITA>[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amended at 47 FR 11370, Mar. 16, 1982]</CITA> </SECTION> <SECTION> <SECTNO>§ 23.8</SECTNO> <SUBJECT>Inspection and tests.</SUBJECT> <P>(a) A thorough inspection of the telephone or signaling device will be made to determine its adequacy and permisibility. Tests may be made to check the electrical characteristics and constants of the various parts, and determine the adequacy of the insulation and other parts of features of the device.</P> <P>(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 <SU>2</SU> <FTREF/> 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.</P> <FTNT> <P> <SU>2</SU> Investigation has shown that for test purposes Pittsburgh natural gas (containing a high percentage of methane) is a satisfactory substitute for pure methane.</P> </FTNT> </SECTION> <SECTION> <SECTNO>§ 23.9</SECTNO> <SUBJECT>Special requirements for complete devices.</SUBJECT> <P>Telephones and signaling devices will be considered nonpermissible if used under any of the followings conditions:</P> <P>(a) Without the approval plate, mentioned hereafter.</P> <P>(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.</P> <P>(c) If not complete with all of the parts considered in the approval.</P> <P>(d) If installed or connected otherwise than in accordance with the instructions furnished by the manufacturer.</P> <P>(e) If modified in any manner not authorized by MSHA.</P> </SECTION> <SECTION> <SECTNO>§ 23.10</SECTNO> <SUBJECT>Material required for MSHA records.</SUBJECT> <P>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:</P> <P>(a) <E T="03">Drawings.</E> The original drawings submitted with the application for the tests and the final drawings which the <PRTPAGE P="148"/>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.</P> <P>(b) <E T="03">Actual equipment.</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 23.11</SECTNO> <SUBJECT>How approvals are granted.</SUBJECT> <P>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.</P> <CITA>[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amended by Supp. 1, 20 FR 2975, May 4, 1955]</CITA> </SECTION> <SECTION> <SECTNO>§ 23.12</SECTNO> <SUBJECT>Wording, purpose, and use of approval plate.</SUBJECT> <P>(a) <E T="03">Approval plate.</E> (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: </P> <EXTRACT> <FP SOURCE="FP-DASH">Permissible Telephone (or Permissible Signaling Device) Approval No.___Issued to the</FP> <P>Company.</P> </EXTRACT> <P>(2) When deemed necessary, an appropriate caution statement shall be added. The size and position of the approval plate shall be satisfactory to MSHA.</P> <P>(b) <E T="03">Purpose.</E> 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.</P> <P>(c) <E T="03">Use.</E> 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.</P> <CITA>[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amended at 43 FR 12315, Mar. 24, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 23.13</SECTNO> <SUBJECT>Withdrawal of approval.</SUBJECT> <P>MSHA reserves the right to rescind for cause at any time any approval granted under this part.</P> </SECTION> <SECTION> <SECTNO>§ 23.14</SECTNO> <SUBJECT>Instructions for handling future changes in design.</SUBJECT> <P>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:</P> <P>(a)(1) The manufacturer shall write to the Approval and Certification Center, Rural Route #1, Box 251, Industrial Park Road, Triadelphia, WV 26059, requesting an extension of the original approval and stating the change or changes desired. With this request, the manufacturer should submit a revised drawing or drawings showing the changes in detail, together with one of each of the parts affected.</P> <P>(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:</P> <P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization;<PRTPAGE P="149"/> </P> <P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements;</P> <P>(iii) Identification of components or features of the product that are critical to the safety of the product; and</P> <P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.</P> <P>(b) MSHA will consider the application and inspect the drawings and parts to determine whether it will be necessary to make any tests.</P> <P>(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.</P> <P>(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.</P> <CITA>[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]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 27</EAR> <HD SOURCE="HED">PART 27—METHANE-MONITORING SYSTEMS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECHD>Sec.</SECHD> <SECTNO>27.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <SECTNO>27.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>27.3</SECTNO> <SUBJECT>Consultation.</SUBJECT> <SECTNO>27.4</SECTNO> <SUBJECT>Application procedures and requirements.</SUBJECT> <SECTNO>27.5</SECTNO> <SUBJECT>Letter of certification.</SUBJECT> <SECTNO>27.6</SECTNO> <SUBJECT>Certification of components.</SUBJECT> <SECTNO>27.7</SECTNO> <SUBJECT>Certification plate or label.</SUBJECT> <SECTNO>27.8</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>27.9</SECTNO> <SUBJECT>Date for conducting tests.</SUBJECT> <SECTNO>27.10</SECTNO> <SUBJECT>Conduct of investigations, tests, and demonstrations.</SUBJECT> <SECTNO>27.11</SECTNO> <SUBJECT>Extension of certification.</SUBJECT> <SECTNO>27.12</SECTNO> <SUBJECT>Withdrawal of certification.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Construction and Design Requirements</HD> <SECTNO>27.20</SECTNO> <SUBJECT>Quality of material, workmanship, and design.</SUBJECT> <SECTNO>27.21</SECTNO> <SUBJECT>Methane-monitoring system.</SUBJECT> <SECTNO>27.22</SECTNO> <SUBJECT>Methane detector component.</SUBJECT> <SECTNO>27.23</SECTNO> <SUBJECT>Automatic warning device.</SUBJECT> <SECTNO>27.24</SECTNO> <SUBJECT>Power-shutoff component.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Test Requirements</HD> <SECTNO>27.30</SECTNO> <SUBJECT>Inspection.</SUBJECT> <SECTNO>27.31</SECTNO> <SUBJECT>Testing methods.</SUBJECT> <SECTNO>27.32</SECTNO> <SUBJECT>Tests to determine performance of the system.</SUBJECT> <SECTNO>27.33</SECTNO> <SUBJECT>Tests to determine explosion-proof construction.</SUBJECT> <SECTNO>27.34</SECTNO> <SUBJECT>Test for intrinsic safety.</SUBJECT> <SECTNO>27.35</SECTNO> <SUBJECT>Tests to determine life of critical components and subassemblies.</SUBJECT> <SECTNO>27.36</SECTNO> <SUBJECT>Test for adequacy of electrical insulation and clearances.</SUBJECT> <SECTNO>27.37</SECTNO> <SUBJECT>Tests to determine adequacy of safety devices for bulbs.</SUBJECT> <SECTNO>27.38</SECTNO> <SUBJECT>Tests to determine adequacy of windows and lenses.</SUBJECT> <SECTNO>27.39</SECTNO> <SUBJECT>Tests to determine resistance to vibration.</SUBJECT> <SECTNO>27.40</SECTNO> <SUBJECT>Test to determine resistance to dust.</SUBJECT> <SECTNO>27.41</SECTNO> <SUBJECT>Tests to determine resistance to moisture.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>30 U.S.C. 957, 961.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>31 FR 10607, Aug. 9, 1966, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTION> <SECTNO>§ 27.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <P>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.</P> <CITA>[31 FR 10607, Aug. 9, 1966, as amended at 52 FR 17515, May 8, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 27.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>As used in this part:</P> <P>(a) <E T="03">MSHA</E> means the United States Department of Labor, Mine Safety and Health Administration.</P> <P>(b) <E T="03">Applicant</E> means an individual, partnership, company, corporation, association, or other organization that designs, manufactures, or assembles and that seeks certification or preliminary testing of a methane-monitoring system or component.</P> <P>(c) <E T="03">Methane-monitoring system</E> 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 <PRTPAGE P="150"/>other underground workings, and shall include a power-shutoff component.</P> <P>(d) <E T="03">Methane detector</E> 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.</P> <P>(e) <E T="03">Power-shutoff component</E> 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.</P> <P>(f) <E T="03">Flammable mixture</E> means a mixture of a gas, such as methane, natural gas, or similar hydrocarbon gas with normal air, that can be ignited.</P> <P>(g) <E T="03">Gassy mine or tunnel</E> 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.</P> <P>(h) <E T="03">Letter of certification</E> means a formal document issued by MSHA stating that a methane-monitoring system or subassembly or component thereof:</P> <P>(1) Has met the requirements of this part, and</P> <P>(2) Is certified for incorporation in or with permissible or approved equipment that is used in gassy mines and tunnels.</P> <P>(i) <E T="03">Component</E> means a part of a methane-monitoring system that is essential to its operation as a certified methane-monitoring system.</P> <P>(j) <E T="03">Explosion-proof</E> 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. <SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> Explosion-proof components or subassemblies shall be constructed in accordance with the requirements of Part 18 of this subchapter.</P> </FTNT> <P>(k) <E T="03">Normal operation</E> 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.</P> <P>(l) <E T="03">Flame arrester</E> 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.</P> <P>(m) <E T="03">Intrinsically safe equipment and circuitry</E> 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.</P> <P>(n) <E T="03">Fail safe</E> 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.</P> <CITA>[31 FR 10607, Aug. 9, 1966, as amended at 39 FR 24003, June 28, 1974; 43 FR 12316, Mar. 24, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 27.3</SECTNO> <SUBJECT>Consultation.</SUBJECT> <P>By appointment, applicants or their representatives may visit Approval and Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059, to discuss with qualified MSHA personnel proposed methane-monitoring systems to be submitted in accordance with the regulations of this part. No charge is made for such consultation and no written report thereof will be made to the applicant.</P> <CITA>[31 FR 10607, Aug. 9, 1966, as amended at 43 FR 12316, Mar. 24, 1978; 60 FR 35694, July, 11, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 27.4</SECTNO> <SUBJECT>Application procedures and requirements.</SUBJECT> <P>(a)(1) No investigation or testing for certification will be undertaken by <PRTPAGE P="151"/>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, RR #1, Box 251, Industrial Park Road, Triadelphia, West Virginia 26059. Fees calculated in accordance with part 5 of this title shall be submitted in accordance with § 5.40.</P> <P>(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:</P> <P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization;</P> <P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements;</P> <P>(iii) Identification of components or features of the product that are critical to the safety of the product; and</P> <P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.</P> <P>(3) An applicant may request testing and evaluation to non-MSHA product safety standards which have been determined by MSHA to be equivalent, under § 6.20 of this chapter, to the product approval requirements under this part.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 27.5</SECTNO> <SUBJECT>Letter of certification.</SUBJECT> <P>(a) Upon completion of investigation of a methane-monitoring system, or component or subassembly thereof, MSHA will issue to the applicant either a letter of certification or a written notice of disapproval, as the case may require If a letter of certification is issued, no test data or detailed results of tests will accompany it. If a notice of disapproval is issued, it will be accompanied by details of the defects, with a view to possible correction. MSHA will not disclose except to the applicant or his authorized representative, any information because of which a notice of disapproval has been issued.<PRTPAGE P="152"/> </P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 27.6</SECTNO> <SUBJECT>Certification of components.</SUBJECT> <P>In accordance with § 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.</P> </SECTION> <SECTION> <SECTNO>§ 27.7</SECTNO> <SUBJECT>Certification plate or label.</SUBJECT> <P>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: </P> <EXTRACT> <FP SOURCE="FP-DASH">Manufacturer's Name</FP> <FP SOURCE="FP-DASH">Description</FP> <FP SOURCE="FRP">(Name)</FP> <FP SOURCE="FP-DASH">Model or Type No</FP> <FP SOURCE="FP-DASH">Certified as complying with the applicable requirements of Schedule 32A.</FP> <FP SOURCE="FP-DASH">Certificate No</FP> </EXTRACT> </SECTION> <SECTION> <SECTNO>§ 27.8</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 27.9</SECTNO> <SUBJECT>Date for conducting tests.</SUBJECT> <P>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.</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>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.</P> </NOTE> <CITA>[31 FR 10607, Aug. 9, 1966, as amended at 70 FR 46343, Aug. 9, 2005]</CITA> </SECTION> <SECTION> <SECTNO>§ 27.10</SECTNO> <SUBJECT>Conduct of investigations, tests, and demonstrations.</SUBJECT> <P>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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <CITA>[31 FR 10607, Aug. 9, 1966, as amended at 39 FR 24003, June 28, 1974]</CITA> </SECTION> <SECTION> <SECTNO>§ 27.11</SECTNO> <SUBJECT>Extension of certification.</SUBJECT> <P>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:</P> <P>(a)(1) Application shall be made as for an original certification, requesting that the existing certification be extended to cover the proposed changes. The application shall include complete drawings, specifications, and related data, showing the changes in detail.</P> <P>(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 <PRTPAGE P="153"/>to MSHA as part of the approval application:</P> <P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization;</P> <P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements;</P> <P>(iii) Identification of components or features of the product that are critical to the safety of the product; and</P> <P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.</P> <P>(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.</P> <P>(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.</P> <CITA>[31 FR 10607, Aug. 9, 1966, as amended at 52 FR 17515, May 8, 1987; 68 FR 36421, June 17, 2003]</CITA> </SECTION> <SECTION> <SECTNO>§ 27.12</SECTNO> <SUBJECT>Withdrawal of certification.</SUBJECT> <P>MSHA reserves the right to rescind for cause any certification issued under this part.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Construction and Design Requirements</HD> <SECTION> <SECTNO>§ 27.20</SECTNO> <SUBJECT>Quality of material, workmanship, and design.</SUBJECT> <P>(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.</P> <P>(b) Unless otherwise noted, the requirements stated in this part shall apply to explosion-proof enclosures and intrinsically safe circuits.</P> <P>(c) All components, subassemblies, and assemblies shall be designed and constructed in a manner that will not create an explosion or fire hazard.</P> <P>(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 °C. (302 °F.) at any point.</P> <P>(e) Lenses or globes shall be protected against damage by guards or by location.</P> <P>(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.</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>Other methods that provide equivalent protection against explosion hazards from incandescent filaments may be considered satisfactory at the discretion of MSHA.</P> </NOTE> </SECTION> <SECTION> <SECTNO>§ 27.21</SECTNO> <SUBJECT>Methane-monitoring system.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(d) An enclosure shall be equipped with a lock, seal, or acceptable equivalent when MSHA deems such protection necessary for safety.</P> <P>(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 <PRTPAGE P="154"/>shall be readily replaceable or removable without creating an ignition hazard.</P> <P>(f) The complete system shall “fail safe” in a manner acceptable to MSHA.</P> </SECTION> <SECTION> <SECTNO>§ 27.22</SECTNO> <SUBJECT>Methane detector component.</SUBJECT> <P>(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.</P> <P>(b) A methane detector shall include:</P> <P>(1) A method of continuous sampling of the atmosphere in which it functions.</P> <P>(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.</P> <P>(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.</P> <P>(4) A suitable filter on the sampling intake to prevent dust and moisture from entering and interfering with normal operation.</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>This requirement for the methane detector may be waived if the design is such as to preclude the need of a filter.</P> </NOTE> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 27.23</SECTNO> <SUBJECT>Automatic warning device.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(c) It is recommended that the automatic warning device be supplemented by a meter calibrated in volume percent of methane.</P> </SECTION> <SECTION> <SECTNO>§ 27.24</SECTNO> <SUBJECT>Power-shutoff component.</SUBJECT> <P>(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.</P> <P>(b) The power-shutoff component shall include:</P> <P>(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.</P> <P>(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.</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>It is not necessary that power be controlled both at the machine and at the outby end of the trailing cable.</P> </NOTE> <P>(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.</P> <P>(iii) For a diesel-powered machine or equipment, the power-shutoff component, when actuated by the methane detector, shall shut down the prime mover and deenergize all electrical components of the machine or equipment. Batteries are to be disconnected as near as possible to the battery terminals. Headlights which are approved under Part 20 of this subchapter (Schedule 10, or any revision thereof) are specifically exempted from this requirement.</P> <P>(2) An arrangement for testing the power-shutoff characteristic to determine whether the power-shutoff component is functioning properly.</P> </SECTION> </SUBPART> <SUBPART> <PRTPAGE P="155"/> <HD SOURCE="HED">Subpart C—Test Requirements</HD> <SECTION> <SECTNO>§ 27.30</SECTNO> <SUBJECT>Inspection.</SUBJECT> <P>A detailed inspection shall be made by MSHA of the equipment and all components and functions related to safety in operation, which shall include:</P> <P>(a) Examining materials, workmanship, and design to determine conformance with paragraph (a) of § 27.20.</P> <P>(b) Comparing components and subassemblies with the drawings and specifications to verify conformance with the requirements of this part.</P> </SECTION> <SECTION> <SECTNO>§ 27.31</SECTNO> <SUBJECT>Testing methods.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 27.32</SECTNO> <SUBJECT>Tests to determine performance of the system.</SUBJECT> <P>(a) <E T="03">Laboratory tests for reliability and durability.</E> Five hundred successful consecutive tests <SU>2</SU> <FTREF/> for gas detection, alarm action, and power shutoff in natural gas-air mixtures <SU>3</SU> <FTREF/> shall be conducted to demonstrate acceptable performance as to reliability and durability of a methane-monitoring system. The tests shall be conducted as follows:</P> <FTNT> <P> <SU>2</SU> Normal replacements and adjustments shall not constitute a failure.</P> </FTNT> <FTNT> <P> <SU>3</SU> 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.</P> </FTNT> <P>(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 §§ 27.21, 27.22, 27.23, and 27.24.) <SU>4</SU> <FTREF/> </P> <FTNT> <P> <SU>4</SU>At the option of MSHA, these tests will be conducted with dust or moisture added to the atmosphere within the gallery.</P> </FTNT> <P>(b) <E T="03">Field tests.</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 27.33</SECTNO> <SUBJECT>Test to determine explosion-proof construction.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 27.34</SECTNO> <SUBJECT>Test for intrinsic safety.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 27.35</SECTNO> <SUBJECT>Tests to determine life of critical components and subassemblies.</SUBJECT> <P>Replaceable components may be subjected to appropriate life tests at the discretion of MSHA.</P> </SECTION> <SECTION> <SECTNO>§ 27.36</SECTNO> <SUBJECT>Test for adequacy of electrical insulation and clearances.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <PRTPAGE P="156"/> <SECTNO>§ 27.37</SECTNO> <SUBJECT>Tests to determine adequacy of safety devices for bulbs.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 27.38</SECTNO> <SUBJECT>Tests to determine adequacy of windows and lenses.</SUBJECT> <P> <E T="03">Impact tests.</E> 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:</P> <GPOTABLE CDEF="s50,7" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Overall lens diameter (inches)</CHED> <CHED H="1">Height of fall (inches)</CHED> </BOXHD> <ROW> <ENT I="01">Less than 4</ENT> <ENT>6</ENT> </ROW> <ROW> <ENT I="01">4 to 5</ENT> <ENT>9</ENT> </ROW> <ROW> <ENT I="01">5 to 6</ENT> <ENT>15</ENT> </ROW> <ROW> <ENT I="01">Greater than 6</ENT> <ENT>24</ENT> </ROW> </GPOTABLE> <FP>Lenses or windows of smaller diameter than 1 inch may be tested by alternate methods at the discretion of MSHA.</FP> </SECTION> <SECTION> <SECTNO>§ 27.39</SECTNO> <SUBJECT>Tests to determine resistance to vibration.</SUBJECT> <P>(a) <E T="03">Laboratory tests for reliability and durability.</E> 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 <FR>1/16</FR>-inch. The second test shall be conducted at a frequency of 15 cycles per second with a total movement per cycle of <FR>1/8</FR>-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.</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>The vibrating equipment is designed to impart a circular motion in a plane inclined 45° to the vertical or horizontal.</P> </NOTE> <P>(b) <E T="03">Field tests.</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 27.40</SECTNO> <SUBJECT>Test to determine resistance to dust.</SUBJECT> <P>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.</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>Dust measurements, when necessary, shall be made by impinger sampling and light-field counting technique.</P> </NOTE> </SECTION> <SECTION> <SECTNO>§ 27.41</SECTNO> <SUBJECT>Test to determine resistance to moisture.</SUBJECT> <P>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°-75 °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.</P> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 28</EAR> <HD SOURCE="HED">PART 28—FUSES FOR USE WITH DIRECT CURRENT IN PROVIDING SHORT-CIRCUIT PROTECTION FOR TRAILING CABLES IN COAL MINES</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECHD>Sec.</SECHD> <SECTNO>28.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <SECTNO>28.2</SECTNO> <SUBJECT>Approved fuses.</SUBJECT> <SECTNO>28.3</SECTNO> <SUBJECT>Installation, use, and maintenance of approved fuses.</SUBJECT> <SECTNO>28.4</SECTNO> <SUBJECT>Definitions.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Application for Approval</HD> <SECTNO>28.10</SECTNO> <SUBJECT>Application procedures.</SUBJECT> </SUBPART> <SUBPART> <PRTPAGE P="157"/> <HD SOURCE="HED">Subpart C—Approval and Disapproval</HD> <SECTNO>28.20</SECTNO> <SUBJECT>Certificates of approval; scope of approval.</SUBJECT> <SECTNO>28.21</SECTNO> <SUBJECT>Certificates of approval; contents.</SUBJECT> <SECTNO>28.22</SECTNO> <SUBJECT>Notice of disapproval.</SUBJECT> <SECTNO>28.23</SECTNO> <SUBJECT>Approval labels or markings; approval of contents; use.</SUBJECT> <SECTNO>28.24</SECTNO> <SUBJECT>Revocation of certificates of approval.</SUBJECT> <SECTNO>28.25</SECTNO> <SUBJECT>Changes or modifications of approved fuses; issuance of modification of certificate of approval.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Quality Control</HD> <SECTNO>28.30</SECTNO> <SUBJECT>Quality control plans; filing requirements.</SUBJECT> <SECTNO>28.31</SECTNO> <SUBJECT>Quality control plans; contents.</SUBJECT> <SECTNO>28.32</SECTNO> <SUBJECT>Proposed quality control plans; approval by MSHA.</SUBJECT> <SECTNO>28.33</SECTNO> <SUBJECT>Quality control test methods, equipment, and records; review by MSHA: revocation of approval.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Construction, Performance and Testing Requirements</HD> <SECTNO>28.40</SECTNO> <SUBJECT>Construction and performance requirements; general.</SUBJECT> <SECTNO>28.41</SECTNO> <SUBJECT>Testing requirements; general.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>30 U.S.C. 957, 961.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>37 FR 7562, Apr. 15, 1972, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTION> <SECTNO>§ 28.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 28.2</SECTNO> <SUBJECT>Approved fuses.</SUBJECT> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 28.3</SECTNO> <SUBJECT>Installation, use, and maintenance of approved fuses.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 28.4</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>As used in this part—</P> <P>(a) <E T="03">Applicant</E> 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.</P> <P>(b) <E T="03">Approval</E> means a certificate or formal document issued by MSHA stating that an individual fuse or combination of fuses has met the minimum requirements of this Part 28, and that the applicant is authorized to use and attach an approval label or other equivalent marking to any fuse manufactured, assembled, or fabricated in conformance with the plans and specifications upon which the approval was based, as evidence of such approval.</P> <P>(c) <E T="03">Approved</E> means conforming to the minimum requirements of this Part 28.</P> <P>(d) <E T="03">MESA</E> means the United States Department of the Interior, Mining Enforcement and Safety Administration. Predecessor organization to MSHA, prior to March 9, 1978.</P> <P>(e) <E T="03">MSHA</E> means the United States Department of Labor, Mine Safety and Health Administration.<PRTPAGE P="158"/> </P> <P>(f) <E T="03">Fuse</E> 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.</P> <CITA>[37 FR 7562, Apr. 15, 1972, as amended at 39 FR 24003, June 28, 1974; 43 FR 12316, Mar. 24, 1978]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Application for Approval</HD> <SECTION> <SECTNO>§ 28.10</SECTNO> <SUBJECT>Application procedures.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(c) Upon satisfactory completion by the independent testing laboratory of the examination, inspection, and testing requirements of this part, the data and results of such examination, inspection, and tests shall be certified by both the applicant and the laboratory and shall be sent for evaluation of such data and results to Approval and Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059. Fees calculated in accordance with part 5 of this title shall be submitted in accordance with § 5.40.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <CITA>[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]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Approval and Disapproval</HD> <SECTION> <SECTNO>§ 28.20</SECTNO> <SUBJECT>Certificates of approval; scope of approval.</SUBJECT> <P>(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 § 28.10, and have been evaluated by MSHA to ensure that they meet the minimum requirements prescribed in this part.</P> <P>(b) MSHA shall not issue an informal notification of approval.</P> </SECTION> <SECTION> <SECTNO>§ 28.21</SECTNO> <SUBJECT>Certificates of approval; contents.</SUBJECT> <P>(a) Each certificate of approval shall contain a description of the fuse and a classification of its current-interrupting capacity and current rating.</P> <P>(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.</P> <P>(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 § 28.23.</P> <P>(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.<PRTPAGE P="159"/> </P> <P>(e) Each certificate of approval shall also contain the approved quality control plan as specified in § 28.31.</P> </SECTION> <SECTION> <SECTNO>§ 28.22</SECTNO> <SUBJECT>Notice of disapproval.</SUBJECT> <P>(a) If, upon completion of the evaluation by MSHA conducted in accordance with § 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.</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 28.23</SECTNO> <SUBJECT>Approval labels or markings; approval of contents; use.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(c) Legible reproductions or abbreviated forms of the label or markings approved by MSHA shall be attached to or printed on each fuse.</P> <P>(d) Each fuse shall be marked with the rating of the Underwriters Laboratories, Inc.</P> <P>(e) MSHA shall, where necessary, notify the applicant when additional labels, markings, or instructions will be required.</P> <P>(f) Approval labels or markings shall only be used by the applicant to whom they were issued.</P> <P>(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.</P> <P>(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 § 28.10.</P> <CITA>[37 FR 7562, Apr. 15, 1972, as amended at 43 FR 12316, Mar. 24, 1978; 45 FR 68935, Oct. 17, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 28.24</SECTNO> <SUBJECT>Revocation of certificates of approval.</SUBJECT> <P>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.</P> <CITA>[37 FR 7562, Apr. 15, 1972, as amended at 43 FR 12316, Mar. 24, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 28.25</SECTNO> <SUBJECT>Changes or modifications of approved fuses; issuance of modification of certificate of approval.</SUBJECT> <P>(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.</P> <P>(b) Applications, including fees, shall be submitted as specified in § 28.10 for an original certificate of approval, with a request for a modification of the existing certificate to cover any proposed change.<PRTPAGE P="160"/> </P> <P>(c) The application for modification, together with the examination, inspection, and test results prescribed by § 28.10 shall be examined and evaluated by MSHA to determine if the proposed modification meets the requirements of this part.</P> <P>(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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Quality Control</HD> <SECTION> <SECTNO>§ 28.30</SECTNO> <SUBJECT>Quality control plans; filing requirements.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 28.31</SECTNO> <SUBJECT>Quality control plans; contents.</SUBJECT> <P>(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.</P> <P>(b) The sampling plan shall include inspection tests and sampling procedures developed in accordance with Military Specification MIL-F-15160D, “Fuses; Instrument, Power, and Telephone” (which is hereby incorporated by reference and made a part hereof), Group A tests and Group B tests, except that the continuity and/or resistance characteristics of each fuse shall be tested. Military Specification MIL-F-15160D is available for examination at Approval and Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059. Copies of the document may be purchased from Information Dissemination (Superintendent of Documents), P.O. Box 371954, Pittsburgh, PA 15250-7954; Telephone: 866-512-1800, <E T="03">http://bookstore.gpo.gov</E>.</P> <P>(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).</P> <P>(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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 28.32</SECTNO> <SUBJECT>Proposed quality control plans; approval by MSHA.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 28.33</SECTNO> <SUBJECT>Quality control test methods, equipment, and records; review by MSHA; revocation of approval.</SUBJECT> <P>(a) MSHA reserves the right to have its representatives inspect the applicant's quality control test methods, <PRTPAGE P="161"/>equipment, and records, and to interview any employee or agent of the applicant in regard to quality control test methods, equipment, and records.</P> <P>(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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Construction, Performance, and Testing Requirements</HD> <SECTION> <SECTNO>§ 28.40</SECTNO> <SUBJECT>Construction and performance requirements; general.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(d) MSHA shall accept the fuse size and ampere rating as specified in the Underwriters Laboratories, Inc., standard for alternating current fuses (UL-198), which is hereby incorporated by reference and made a part hereof. This document is available for examination at Approval and Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059, and copies of the document are available from COMM 2000, 1414 Brook Drive, Downers Grove, IL 60515; Telephone: 888-853-3512 (toll free); <E T="03">http://ulstandardsinfonet.ul.com.”.</E> </P> <P>(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.</P> <P>(f) The blown fuse shall show only superficial damage.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 28.41</SECTNO> <SUBJECT>Testing requirements; general.</SUBJECT> <P>(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.</P> <P>(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:</P> <P>(1) For 10,000 amperes and greater currents, T=0.016 second or more;</P> <P>(2) For 1,000 amperes to 10,000 amperes, T=0.008 second or more;</P> <P>(3) For 100 amperes to 1,000 amperes, T=0.006 second or more; and</P> <P>(4) For less than 100 amperes, T=0.002 seconds or more.</P> <P>(c) Test currents shall be as follows:</P> <P>(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;</P> <P>(2) 900 percent of rated current;</P> <P>(3) 10,000 amperes; and</P> <P>(4) 20,000 amperes.</P> <P>(d) The voltage shall continue to be applied for at least 30 seconds after completion of circuit interruption.</P> <P>(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.</P> <P>(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 °C. for 24 hours, and tested within 1 hour after removal from the preconditioning chamber.</P> <P>(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.</P> </SECTION> </SUBPART> </PART> <PART> <PRTPAGE P="162"/> <EAR>Pt. 33</EAR> <HD SOURCE="HED">PART 33—DUST COLLECTORS FOR USE IN CONNECTION WITH ROCK DRILLING IN COAL MINES</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECHD>Sec.</SECHD> <SECTNO>33.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <SECTNO>33.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>33.3</SECTNO> <SUBJECT>Consultation.</SUBJECT> <SECTNO>33.4</SECTNO> <SUBJECT>Types of dust collectors for which certificates of approval may be granted.</SUBJECT> <SECTNO>33.5</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>33.6</SECTNO> <SUBJECT>Application procedures and requirements.</SUBJECT> <SECTNO>33.7</SECTNO> <SUBJECT>Date for conducting tests.</SUBJECT> <SECTNO>33.8</SECTNO> <SUBJECT>Conduct of investigations, tests, and demonstrations.</SUBJECT> <SECTNO>33.9</SECTNO> <SUBJECT>Certification of dust-collecting systems.</SUBJECT> <SECTNO>33.10</SECTNO> <SUBJECT>Certificates of approval or performance.</SUBJECT> <SECTNO>33.11</SECTNO> <SUBJECT>Approval plates.</SUBJECT> <SECTNO>33.12</SECTNO> <SUBJECT>Changes after certification.</SUBJECT> <SECTNO>33.13</SECTNO> <SUBJECT>Withdrawal of certification.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Dust-Collector Requirements</HD> <SECTNO>33.20</SECTNO> <SUBJECT>Design and construction.</SUBJECT> <SECTNO>33.21</SECTNO> <SUBJECT>Modification of test equipment.</SUBJECT> <SECTNO>33.22</SECTNO> <SUBJECT>Mode of use.</SUBJECT> <SECTNO>33.23</SECTNO> <SUBJECT>Mechanical positioning of parts.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Test Requirements</HD> <SECTNO>33.30</SECTNO> <SUBJECT>Test site.</SUBJECT> <SECTNO>33.31</SECTNO> <SUBJECT>Test space.</SUBJECT> <SECTNO>33.32</SECTNO> <SUBJECT>Determination of dust concentration.</SUBJECT> <SECTNO>33.33</SECTNO> <SUBJECT>Allowable limits of dust concentration.</SUBJECT> <SECTNO>33.34</SECTNO> <SUBJECT>Drilling test.</SUBJECT> <SECTNO>33.35</SECTNO> <SUBJECT>Methods of drilling; dust-collector unit.</SUBJECT> <SECTNO>33.36</SECTNO> <SUBJECT>Method of drilling; combination unit or dust-collecting system.</SUBJECT> <SECTNO>33.37</SECTNO> <SUBJECT>Test procedure.</SUBJECT> <SECTNO>33.38</SECTNO> <SUBJECT>Electrical parts.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>30 U.S.C. 957, 961.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>Schedule 25B, 25 FR 6473, July 9, 1960, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTION> <SECTNO>§ 33.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 33.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>As used in this part:</P> <P>(a) <E T="03">Permissible,</E> 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.</P> <P>(b) <E T="03">Bureau</E> means the United States Bureau of Mines.</P> <P>(c) <E T="03">Certificate of approval</E> 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.</P> <P>(d) <E T="03">Certificate of performance</E> 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.</P> <P>(e) <E T="03">Dust-collector unit</E> 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.</P> <P>(f) <E T="03">Combination unit</E> means a rock-drilling device with an integral dust-collecting system, or mining equipment with an integral rock-drilling device and dust-collecting system.</P> <P>(g) <E T="03">Dust-collecting system</E> means an assembly of parts comprising apparatus for collecting the dust that results from drilling in rock and is dependent upon attachment to other equipment for its operation.</P> <P>(h) <E T="03">Applicant</E> 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.</P> <P>(i) <E T="03">MSHA</E> means the United States Department of Labor, Mine Safety and Health Administration.</P> <CITA>[Sched. 25B, 25 FR 6473, July 9, 1960, as amended at 39 FR 24005, June 28, 1974; 43 FR 12317, Mar. 24, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 33.3</SECTNO> <SUBJECT>Consultation.</SUBJECT> <P>By appointment, applicants or their representatives may visit the Approval and Certification Center, Industrial Park Road, Dallas Pike, Triadelphia, <PRTPAGE P="163"/>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.</P> <CITA>[70 FR 46343, Aug. 9, 2005]</CITA> </SECTION> <SECTION> <SECTNO>§ 33.4</SECTNO> <SUBJECT>Types of dust collectors for which certificates of approval may be granted.</SUBJECT> <P>(a) Certificates of approval will be granted only for completely assembled dust-collector or combination units; parts or subassemblies will not be approved.</P> <P>(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 § 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.</P> </SECTION> <SECTION> <SECTNO>§ 33.5</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 33.6</SECTNO> <SUBJECT>Application procedures and requirements.</SUBJECT> <P>(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, RR #1, Box 251, Industrial Park Road, Triadelphia, West Virginia 26059. Fees calculated in accordance with part 5 of this title shall be submitted in accordance with § 5.40.</P> <P>(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:</P> <P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization;</P> <P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements;</P> <P>(iii) Identification of components or features of the product that are critical to the safety of the product; and</P> <P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.</P> <P>(3) An applicant may request testing and evaluation to non-MSHA product safety standards which have been determined by MSHA to be equivalent, under § 6.20 of this chapter, to MSHA's product approval requirements under this part.</P> <P>(b) The application shall specify the operating conditions (see § 33.22) for which certification is requested.</P> <P>(c) Shipment of the equipment to be tested shall be deferred until MSHA has notified the applicant that the application will be accepted. Shipping instructions will be issued by MSHA and shipping charges shall be prepaid by the applicant. Upon completion of the investigation and notification thereof to the applicant by MSHA, the applicant shall remove his equipment promptly from the test site (see § 33.30).</P> <P>(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:</P> <P>(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 <PRTPAGE P="164"/>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.</P> <P>(2) Details of the electrical parts of units designed to operate as face equipment (see § 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).</P> <P>(3) Storage capacity of the various stages of dust collection in the dust separator.</P> <P>(4) Net filter area in the dust separator, and complete specifications of the filtering material.</P> <P>(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 § 33.38, the application shall be in triplicate.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 33.7</SECTNO> <SUBJECT>Date for conducting tests.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 33.8</SECTNO> <SUBJECT>Conduct of investigations, tests, and demonstrations.</SUBJECT> <P>(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.</P> <P>(b) When requested by MSHA, the applicant shall provide assistance in disassembling parts for inspection, preparing parts for testing, and operating combination units.</P> <CITA>[Sched. 25B, 25 FR 6473, July 9, 1960, as amended at 39 FR 24005, June 28, 1974]</CITA> </SECTION> <SECTION> <PRTPAGE P="165"/> <SECTNO>§ 33.9</SECTNO> <SUBJECT>Certification of dust-collecting systems.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 33.10</SECTNO> <SUBJECT>Certificates of approval or performance.</SUBJECT> <P>(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.</P> <P>(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 § 33.6(d)(1) that relate to the certified unit or system, and these are to be adhered to exactly in production.</P> </SECTION> <SECTION> <SECTNO>§ 33.11</SECTNO> <SUBJECT>Approval plates.</SUBJECT> <P>(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.</P> <P>(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 § 33.38(c).)</P> <P>(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.<PRTPAGE P="166"/> </P> <P>(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.</P> <P>(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.</P> <CITA>[Sched. 25B, 25 FR 6473, July 9, 1960, as amended at 43 FR 12317, Mar. 24, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 33.12</SECTNO> <SUBJECT>Changes after certification.</SUBJECT> <P>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:</P> <P>(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.</P> <P>(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:</P> <P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization;</P> <P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements;</P> <P>(iii) Identification of components or features of the product that are critical to the safety of the product; and</P> <P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.</P> <P>(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.</P> <P>(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 file as the basis for the extension of certification.</P> <CITA>[Schedule 25B, 25 FR 6473, July 9, 1960, as amended at 52 FR 17515, May 8, 1987; 68 FR 36422, June 17, 2003]</CITA> </SECTION> <SECTION> <SECTNO>§ 33.13</SECTNO> <SUBJECT>Withdrawal of certification.</SUBJECT> <P>MSHA reserves the right to rescind for cause, at any time, any certification granted under this part.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Dust-Collector Requirements</HD> <SECTION> <SECTNO>§ 33.20</SECTNO> <SUBJECT>Design and construction.</SUBJECT> <P>(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.</P> <P>(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 <PRTPAGE P="167"/>dust into a mine atmosphere, and (2) to protect against explosion and/or fire hazards of electrical equipment, except as provided in § 33.38(b).</P> </SECTION> <SECTION> <SECTNO>§ 33.21</SECTNO> <SUBJECT>Modification of test equipment.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 33.22</SECTNO> <SUBJECT>Mode of use.</SUBJECT> <P>(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.</P> <P>(b) Dust-collector units may be designed for use with specific drilling equipment or at specific drilling speeds.</P> </SECTION> <SECTION> <SECTNO>§ 33.23</SECTNO> <SUBJECT>Mechanical positioning of parts.</SUBJECT> <P>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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Test Requirements</HD> <SECTION> <SECTNO>§ 33.30</SECTNO> <SUBJECT>Test site.</SUBJECT> <P>Tests shall be conducted at an appropriate location determined by MSHA.</P> <CITA>[39 FR 24005, June 28, 1974]</CITA> </SECTION> <SECTION> <SECTNO>§ 33.31</SECTNO> <SUBJECT>Test space.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(c) All parts of a unit or system shall be within the test space during a drilling test.</P> </SECTION> <SECTION> <SECTNO>§ 33.32</SECTNO> <SUBJECT>Determination of dust concentration.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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.</P> <CITA>[Sched. 25B, 25 FR 6473, July 9, 1960, as amended at 26 FR 2599, Mar. 28, 1961]</CITA> </SECTION> <SECTION> <SECTNO>§ 33.33</SECTNO> <SUBJECT>Allowable limits of dust concentration.</SUBJECT> <P>(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.</P> <P>(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 § 33.32(a).</P> <CITA>[Sched. 25B, 25 FR 6473, July 9, 1960, as amended at 26 FR 2599, Mar. 28, 1961]</CITA> </SECTION> <SECTION> <PRTPAGE P="168"/> <SECTNO>§ 33.34</SECTNO> <SUBJECT>Drilling test.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(c) Receptacles and filters for collecting drill cuttings shall be emptied and cleaned before each drilling test is started.</P> <P>(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.</P> <CITA>[Sched. 25B, 25 FR 6473, July 9, 1960, as amended at 26 FR 2599, Mar. 28, 1961]</CITA> </SECTION> <SECTION> <SECTNO>§ 33.35</SECTNO> <SUBJECT>Methods of drilling; dust-collector unit.</SUBJECT> <P>(a) <E T="03">General.</E> 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.</P> <P>(b) <E T="03">Pneumatic-percussion drilling.</E> A stoper-type drill with a piston diameter of 2<FR>1/2</FR> to 3 inches shall be used for roof drilling, A hand-held, sinker-type drill with a piston diameter of 2<FR>1/2</FR> 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<FR>1/4</FR>- and 1<FR>1/2</FR>-inch diameter drill bits shall be used; in horizontal and down drilling, 1<FR>3/4</FR>-inch diameter bits shall be used. The drill steel shall be <FR>7/8</FR>-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.</P> <P>(c) <E T="03">Rotary drilling.</E> 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<FR>3/8</FR> and 1<FR>1/2</FR> inches outside diameter, and 1<FR>1/4</FR>-inch auger-type drill steel shall be used. For horizontal drilling, the bits shall be hard-tipped, 2 inches outside diameter, and 1<FR>3/4</FR>-inch auger-type drill steel shall be used. Drill bits shall be sharp when starting to drill each set of 10 holes.</P> </SECTION> <SECTION> <SECTNO>§ 33.36</SECTNO> <SUBJECT>Method of drilling; combination unit or dust-collecting system.</SUBJECT> <P>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 § 33.35 shall be complied with for all types of combination units or dust-collecting systems.</P> </SECTION> <SECTION> <SECTNO>§ 33.37</SECTNO> <SUBJECT>Test procedure.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(d) At MSHA's discretion drilling in “on site” strata may be acceptable in <PRTPAGE P="169"/>lieu of strata requirements in paragraphs (a), (b), and (c) of this section. (See § 33.20(a).)</P> </SECTION> <SECTION> <SECTNO>§ 33.38</SECTNO> <SUBJECT>Electrical parts.</SUBJECT> <P>(a) Units with electrical parts and designed to operate as electric face equipment (see definition, § 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.</P> <P>(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).</P> <P>(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 § 33.11(b).)</P> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 35</EAR> <HD SOURCE="HED">PART 35—FIRE-RESISTANT HYDRAULIC FLUIDS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECHD>Sec.</SECHD> <SECTNO>35.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <SECTNO>35.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>35.3</SECTNO> <SUBJECT>Consultation.</SUBJECT> <SECTNO>35.4</SECTNO> <SUBJECT>Types of hydraulic fluid for which certificates of approval may be granted.</SUBJECT> <SECTNO>35.5</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>35.6</SECTNO> <SUBJECT>Application procedures and requirements.</SUBJECT> <SECTNO>35.7</SECTNO> <SUBJECT>Date for conducting tests.</SUBJECT> <SECTNO>35.8</SECTNO> <SUBJECT>Conduct of investigations, tests, and demonstrations.</SUBJECT> <SECTNO>35.9</SECTNO> <SUBJECT>Certificates of approval.</SUBJECT> <SECTNO>35.10</SECTNO> <SUBJECT>Approval labels or markings.</SUBJECT> <SECTNO>35.11</SECTNO> <SUBJECT>Material required for record.</SUBJECT> <SECTNO>35.12</SECTNO> <SUBJECT>Changes after certification.</SUBJECT> <SECTNO>35.13</SECTNO> <SUBJECT>Withdrawal of certification.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Test Requirements</HD> <SECTNO>35.20</SECTNO> <SUBJECT>Autogenous-ignition temperature test.</SUBJECT> <SECTNO>35.21</SECTNO> <SUBJECT>Temperature-pressure spray-ignition test.</SUBJECT> <SECTNO>35.22</SECTNO> <SUBJECT>Test to determine effect of evaporation on flammability.</SUBJECT> <SECTNO>35.23</SECTNO> <SUBJECT>Performance required for certification.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>30 U.S.C. 957, 961.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>Schedule 30, 24 FR 10201, Dec. 17, 1959, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTION> <SECTNO>§ 35.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <P>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 coal mines and procedures for applying for such certification.</P> <CITA>[Schedule 30, 24 FR 10201, Dec. 17, 1959, as amended at 52 FR 17515, May 8, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 35.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>As used in this part—</P> <P>(a) <E T="03">Permissible,</E> 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.</P> <P>(b) <E T="03">MSHA</E> means the United States Department of Labor, Mine Safety and Health Administration.</P> <P>(c) <E T="03">Certificate of approval</E> 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.</P> <P>(d) <E T="03">Fire-resistant hydraulic fluid</E> means a fluid of such chemical composition and physical characteristics that it will resist the propagation of flame.</P> <P>(e) <E T="03">Concentrate</E> 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.</P> <P>(f) <E T="03">Applicant</E> means an individual, partnership, company, corporation, association, or other organization that manufactures, compounds, refines, or <PRTPAGE P="170"/>otherwise produces, a fire-resistant hydraulic fluid or a concentrate for the production thereof, and seeks a certificate of approval.</P> <CITA>[Sched. 30, 24 FR 10201, Dec. 17, 1959, as amended at 39 FR 24005, June 28, 1974; 43 FR 12317, Mar. 24, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 35.3</SECTNO> <SUBJECT>Consultation.</SUBJECT> <P>By appointment, applicants or their representatives may visit Approval and Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059, to discuss with qualified MSHA personnel proposed fluids to be submitted in accordance with the regulations of this part. No charge is made for such consultation and no written report thereof will be submitted to the applicant.</P> <CITA>[Sched. 30, 24 FR 10201, Dec. 17, 1959, as amended at 43 FR 12317, Mar. 24, 1978; 60 FR 35694, July 11, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 35.4</SECTNO> <SUBJECT>Types of hydraulic fluid for which certificates of approval may be granted.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 35.5</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 35.6</SECTNO> <SUBJECT>Application procedures and requirements.</SUBJECT> <P>(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, RR #1, Box 251, Industrial Park Road, Triadelphia, West Virginia 26059. Fees calculated in accordance with part 5 of this title shall be submitted in accordance with § 5.40.</P> <P>(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:</P> <P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization;</P> <P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements;</P> <P>(iii) Identification of components or features of the product that are critical to the safety of the product; and</P> <P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.</P> <P>(3) An applicant may request testing and evaluation to non-MSHA product safety standards which have been determined by MSHA to be equivalent, under § 6.20 of this chapter, to MSHA's product approval requirements under this part.</P> <P>(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:</P> <P>(1) An identifying name or number of the fluid or concentrate for the production thereof.</P> <P>(2) Pour point, °F.; freezing point, °F.; color; neutralization number or pH; viscosity at 100 °F., 150 °F., 175 °F. (Saybolt or Furol); viscosity index; specific gravity.</P> <P>(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.</P> <P>(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.</P> <P>(d) The application shall state that the applicant has tested the fluid <PRTPAGE P="171"/>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.</P> <P>(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.</P> <P>(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.</P> <P>(g) When MSHA notifies the applicant that the application will be accepted, it will also notify him as to the number of samples and related materials that will be required for testing. Ordinarily a 5-gallon sample of hydraulic fluid will be required provided that it is a finished product or, if in concentrate form, enough shall be furnished to make a 5-gallon sample when mixed with water or other vehicle according to the applicant's instructions. All samples and related materials required for testing must be delivered (charges prepaid) to Approval and Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 35.7</SECTNO> <SUBJECT>Date for conducting tests.</SUBJECT> <P>The date of acceptance of an application will determine the order of precedence for testing when more than one application is pending, and the applicant will be notified of the date on which tests will begin. However, not more than two fluids will be tested consecutively for one applicant provided other applications are pending. If a fluid fails to meet any of the requirements, it shall lose its order of precedence. If an application is submitted to resume testing after correction of the course of failure, it will be treated as a new application and the order of precedence for testing will be so determined.</P> </SECTION> <SECTION> <SECTNO>§ 35.8</SECTNO> <SUBJECT>Conduct of investigations, tests, and demonstrations.</SUBJECT> <P>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.</P> <CITA>[Sched. 30, 24 FR 10201, Dec. 17, 1959, as amended at 39 FR 24005, June 28, 1974]</CITA> </SECTION> <SECTION> <SECTNO>§ 35.9</SECTNO> <SUBJECT>Certificates of approval.</SUBJECT> <P>(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.</P> <P>(b) A certificate of approval will be accompanied by a list of specifications covering the characteristics of a hydraulic fluid upon which the certificate <PRTPAGE P="172"/>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.</P> </SECTION> <SECTION> <SECTNO>§ 35.10</SECTNO> <SUBJECT>Approval labels or markings.</SUBJECT> <P>(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: </P> <EXTRACT> <HD SOURCE="HD1">Permissible Fire-Resistant Hydraulic Fluid</HD> <FP SOURCE="FP-DASH">MSHA Approval No.</FP> <FP SOURCE="FP-DASH">Issued to</FP> <FP SOURCE="FRP">(Name of Applicant)</FP> </EXTRACT> <P>(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 <FR>1/2</FR> inch in height and of a color which contrasts with that of the container.</P> <P>(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.</P> <P>(d) Appropriate instructions and caution statements on the handling of the hydraulic fluid or concentrate shall be included on the approval label or marking.</P> <P>(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.</P> <CITA>[Sched. 30, 24 FR 10201, Dec. 17, 1959, as amended at 43 FR 12317, Mar. 24, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 35.11</SECTNO> <SUBJECT>Material required for record.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 35.12</SECTNO> <SUBJECT>Changes after certification.</SUBJECT> <P>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:</P> <P>(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.</P> <P>(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:</P> <P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization;</P> <P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements;</P> <P>(iii) Identification of components or features of the product that are critical to the safety of the product; and</P> <P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory <PRTPAGE P="173"/>by the applicant and as required by this part.</P> <P>(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.</P> <P>(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.</P> <CITA>[Schedule 30, 24 FR 10201, Dec. 17, 1959, as amended at 52 FR 17515, May 8, 1987; 68 FR 36422, June 17, 2003]</CITA> </SECTION> <SECTION> <SECTNO>§ 35.13</SECTNO> <SUBJECT>Withdrawal of certification.</SUBJECT> <P>MSHA reserves the right to rescind for cause, at any time, any certificate of approval granted under this part.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Test Requirements</HD> <SECTION> <SECTNO>§ 35.20</SECTNO> <SUBJECT>Autogenous-ignition temperature test.</SUBJECT> <P>(a) <E T="03">Purpose.</E> 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.</P> <P>(b) <E T="03">Description of apparatus</E>—(1) <E T="03">Test flask.</E> The test flask, which is heated and into which the test sample is injected, shall be a commercial 200 ml. borosilicate glass Erlenmeyer flask.</P> <P>(2) <E T="03">Thermocouples.</E> Calibrated thermocouples—iron-constantan or chromelalumel—and a potentiometer shall be used for all temperature measurements.</P> <P>(3) <E T="03">Syringe.</E> 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.</P> <P>(4) <E T="03">Timer.</E> An electric timer or stopwatch calibrated in not more than 0.2 second intervals shall be used to determine the time lag before ignition.</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>Time lag is the time that elapses between the instant of injection and that of ignition of the test sample, as evidenced by flame.</P> </NOTE> <P>(5) <E T="03">Furnace.</E> The furnace in which the ignition-temperature test is conducted shall consist of a refractory (alundum or equivalent) cylinder 5 inches in internal diameter and 5 inches in height; a transite-ring top and a transite-disk bottom, each of which is attached to a metal cylinder. The furnace is heated by three elements as follows: (i) A circumferential heater embedded in the refractory cylinder; (ii) a top or toroidal-neck heater that surrounds the neck of the test flask; and (iii) a flat base heater on which the test flask rests. The temperature of each heating element shall be controlled independently by an autotransformer. Means shall be provided for applying thermocouples at the neck, mid-section, and base of the test flask, which shall be inserted upright in the furnace.</P> <P>(c) <E T="03">Test procedures</E>—(1) <E T="03">Temperature control.</E> Each autotransformer shall be so adjusted that the temperature at the neck, mid-section, and base of the test flask is uniform within ±2 °F. of the desired test temperature.</P> <P>(2) <E T="03">Sample injection and timing.</E> 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.</P> <P>(3) <E T="03">Observations.</E> (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 °F. ±2 °F. above the first test temperature.</P> <P>(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 °F., and the test procedure repeated in decrements of 5 °F. until ignition no longer occurs and this temperature shall be noted as the first nonignition <PRTPAGE P="174"/>test temperature for the 0.07 cc. sample.</P> <P>(iii) The temperature shall be increased 50 °F. ±2 °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.</P> <P>(iv) If the lowest temperature at which ignition occurs with the 0.10 cc. sample (in decrements of 5 °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.</P> <P>(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.</P> <P>(d) <E T="03">Appraisal of test.</E> A fluid shall be considered fire-resistant, according to the test requirements of this section: <E T="03">Provided,</E> 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 °F.</P> </SECTION> <SECTION> <SECTNO>§ 35.21</SECTNO> <SUBJECT>Temperature-pressure spray-ignition tests.</SUBJECT> <P>(a) <E T="03">Purpose.</E> 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.</P> <P>(b) <E T="03">Description of apparatus.</E> (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.</P> <P>(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.</P> <P>(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.</P> <P>(4) Three igniting devices shall provide three different sources of ignition as follows:</P> <P>(i) A metal trough with a metal cover in which cotton waste soaked in kerosene is ignited.</P> <P>(ii) An electric arcing device in which the arc is produced by a 12,000-volt transformer.</P> <P>(iii) A propane torch—Bernzomatic or equivalent.</P> <P>(5) A means of measuring distances from the nozzle tip to the igniting device shall be provided.</P> <P>(c) <E T="03">Test procedures.</E> (1) A 2<FR>1/2</FR>-quart sample of the fluid shall be poured into the pressure vessel and heated to a temperature of 150 °F. The temperature shall be maintained at not less than 145 °F. or not more than 155 °F. during the test.</P> <P>(2) Nitrogen shall be introduced into the vessel at 150 p.s.i.g.</P> <P>(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.</P> <P>(d) <E T="03">Appraisal of tests.</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 35.22</SECTNO> <SUBJECT>Test to determine effect of evaporation on flammability.</SUBJECT> <P>(a) <E T="03">Purpose.</E> The purpose of this test shall be to determine the effect of evaporation on the reduction of fire resistance of a hydraulic fluid.<PRTPAGE P="175"/> </P> <P>(b) <E T="03">Description of apparatus</E>—(1) <E T="03">Petri dish.</E> Standard laboratory Petri dishes, approximately 90 mm. by 16 mm., shall be used to contain the test samples.</P> <P>(2) <E T="03">Oven.</E> A gravity convection air oven, capable of maintaining the specified evaporation temperature constant within ±2 °F., shall be used in the test.</P> <P>(3) <E T="03">Pipe cleaner.</E> 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.</P> <P>(c) <E T="03">Test procedures.</E> (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 °F., ±2 °F., which shall be maintained throughout this test. The third sample shall remain at room temperature.</P> <P>(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 ±<FR>1/8</FR> 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.</P> <P>(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.</P> <P>(4) After one test sample has remained in the oven for a period of 2 hours, the Petri dish containing it shall be removed from the oven and allowed to cool to room temperature, after which 5 lengths of 2-inch pipe cleaner shall be soaked separately in the test sample for a period of 2 minutes. Then the test procedure stated in paragraph (c) (3) of this section shall be repeated.</P> <P>(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.</P> <P>(d) <E T="03">Appraisal of tests.</E> To be determined as fire resistant according to the test requirements of this section, the three following results shall be achieved:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 35.23</SECTNO> <SUBJECT>Performance required for certification.</SUBJECT> <P>To qualify as fire-resistant under the regulations of this part, a hydraulic fluid shall meet each performance requirement and stated in §§ 35.20(d), 35.21(d), and 35.22(d).</P> </SECTION> </SUBPART> </PART> <PART> <PRTPAGE P="176"/> <EAR>Pt. 36</EAR> <HD SOURCE="HED">PART 36—APPROVAL REQUIREMENTS FOR PERMISSIBLE MOBILE DIESEL-POWERED TRANSPORTATION EQUIPMENT</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECHD>Sec.</SECHD> <SECTNO>36.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <SECTNO>36.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>36.3</SECTNO> <SUBJECT>Consultation.</SUBJECT> <SECTNO>36.4</SECTNO> <SUBJECT>Mobile diesel-powered transportation equipment for which certificates of approval may be granted.</SUBJECT> <SECTNO>36.5</SECTNO> <SUBJECT>Letters of certification.</SUBJECT> <SECTNO>36.6</SECTNO> <SUBJECT>Application procedures and requirements.</SUBJECT> <SECTNO>36.7</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>36.8</SECTNO> <SUBJECT>Date for conducting tests.</SUBJECT> <SECTNO>36.9</SECTNO> <SUBJECT>Conduct of investigations, tests, and demonstrations.</SUBJECT> <SECTNO>36.10</SECTNO> <SUBJECT>Certificate of approval.</SUBJECT> <SECTNO>36.11</SECTNO> <SUBJECT>Approval plates.</SUBJECT> <SECTNO>36.12</SECTNO> <SUBJECT>Changes after certification.</SUBJECT> <SECTNO>36.13</SECTNO> <SUBJECT>Withdrawal of certification.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Construction and Design Requirements</HD> <SECTNO>36.20</SECTNO> <SUBJECT>Quality of material, workmanship, and design.</SUBJECT> <SECTNO>36.21</SECTNO> <SUBJECT>Engine for equipment considered for certification.</SUBJECT> <SECTNO>36.22</SECTNO> <SUBJECT>Fuel-injection system.</SUBJECT> <SECTNO>36.23</SECTNO> <SUBJECT>Engine intake system.</SUBJECT> <SECTNO>36.24</SECTNO> <SUBJECT>Engine joints.</SUBJECT> <SECTNO>36.25</SECTNO> <SUBJECT>Engine exhaust system.</SUBJECT> <SECTNO>36.26</SECTNO> <SUBJECT>Composition of exhaust gas.</SUBJECT> <SECTNO>36.27</SECTNO> <SUBJECT>Fuel-supply system.</SUBJECT> <SECTNO>36.28</SECTNO> <SUBJECT>Signal or warning device.</SUBJECT> <SECTNO>36.29</SECTNO> <SUBJECT>Brakes.</SUBJECT> <SECTNO>36.30</SECTNO> <SUBJECT>Rerailing device.</SUBJECT> <SECTNO>36.31</SECTNO> <SUBJECT>Fire extinguisher.</SUBJECT> <SECTNO>36.32</SECTNO> <SUBJECT>Electrical components and systems.</SUBJECT> <SECTNO>36.33</SECTNO> <SUBJECT>Headlights and fixtures.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Test Requirements</HD> <SECTNO>36.40</SECTNO> <SUBJECT>Test site.</SUBJECT> <SECTNO>36.41</SECTNO> <SUBJECT>Testing methods.</SUBJECT> <SECTNO>36.42</SECTNO> <SUBJECT>Inspection.</SUBJECT> <SECTNO>36.43</SECTNO> <SUBJECT>Determination of exhaust-gas composition.</SUBJECT> <SECTNO>36.44</SECTNO> <SUBJECT>Maximum allowable fuel: air ratio.</SUBJECT> <SECTNO>36.45</SECTNO> <SUBJECT>Quantity of ventilating air.</SUBJECT> <SECTNO>36.46</SECTNO> <SUBJECT>Explosion tests of intake and exhaust systems.</SUBJECT> <SECTNO>36.47</SECTNO> <SUBJECT>Tests of exhaust-gas cooling system.</SUBJECT> <SECTNO>36.48</SECTNO> <SUBJECT>Tests of surface temperature of engine and components of the cooling system.</SUBJECT> <SECTNO>36.49</SECTNO> <SUBJECT>Tests of exhaust-gas dilution system.</SUBJECT> <SECTNO>36.50</SECTNO> <SUBJECT>Tests of fuel tank.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>30 U.S.C. 957, 961.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>Schedule 31, 26 FR 645, Jan. 24, 1961, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTION> <SECTNO>§ 36.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <P>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.</P> <CITA>[61 FR 55525, Oct. 25, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 36.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The following definitions apply in this part.</P> <P> <E T="03">Applicant</E> 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.</P> <P> <E T="03">Certificate of approval.</E> 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.</P> <P> <E T="03">Component.</E> A piece, part, or fixture of mobile diesel-powered transportation equipment that is essential to its operation as a permissible assembly.</P> <P> <E T="03">Diesel engine.</E> A compression-ignition, internal-combustion engine that utilizes diesel fuel.</P> <P> <E T="03">Explosion proof.</E> 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.</P> <P> <E T="03">Flame arrester.</E> A device so constructed that flame or sparks from the diesel engine cannot propagate an explosion of a flammable mixture through it.<PRTPAGE P="177"/> </P> <P> <E T="03">Flammable mixture.</E> 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.</P> <P> <E T="03">Fuel-air ratio.</E> 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.</P> <P> <E T="03">MSHA.</E> The United States Department of Labor, Mine Safety and Health Administration.</P> <P> <E T="03">Mobile diesel-powered transportation equipment.</E> Equipment that is:</P> <P>(1) Used for transporting the product being mined or excavated, or for transporting materials and supplies used in mining or excavating operations;</P> <P>(2) Mounted on wheels or crawler treads (tracks); and</P> <P>(3) Powered by a diesel engine as the prime mover.</P> <P> <E T="03">Normal operation.</E> When each component and the entire assembly of the mobile diesel-powered transportation equipment performs the functions for which they were designed.</P> <P> <E T="03">Permissible.</E> 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.</P> <P> <E T="03">Subassembly.</E> A group or combination of components.</P> <CITA>[61 FR 55525, Oct. 25, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 36.3</SECTNO> <SUBJECT>Consultation.</SUBJECT> <P>By appointment, applicants or their representatives may visit Approval and Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059, to discuss with qualified MSHA personnel proposed mobile diesel-powered transportation equipment to be submitted in accordance with the regulations of this part. No charge is made for such consultation and no written report thereof will be submitted to the applicant.</P> <CITA>[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 43 FR 12318, Mar. 24, 1978; 60 FR 35695, July 11, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 36.4</SECTNO> <SUBJECT>Mobile diesel-powered transportation equipment for which certificates of approval may be granted.</SUBJECT> <P>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 § 36.5.</P> </SECTION> <SECTION> <SECTNO>§ 36.5</SECTNO> <SUBJECT>Letters of certification.</SUBJECT> <P>When a component or subassembly meets all of the applicable requirements of Subparts B and C of this part, and also its normal operation will not be affected by connection to adjacent components or subassemblies, MSHA will issue to the applicant, upon his request, a letter of certification informing him that additional inspection or tests of the component or subassembly will not be required when it is incorporated without modification in a piece of completely assembled mobile 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.</P> </SECTION> <SECTION> <SECTNO>§ 36.6</SECTNO> <SUBJECT>Application procedures and requirements.</SUBJECT> <P>(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, RR #1, Box 251, Industrial Park Road, Triadelphia, West Virginia 26059. Fees calculated in accordance with part 5 of this title shall be submitted in accordance with § 5.40.</P> <P>(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:<PRTPAGE P="178"/> </P> <P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization;</P> <P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements;</P> <P>(iii) Identification of components or features of the product that are critical to the safety of the product; and</P> <P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.</P> <P>(3) An applicant may request testing and evaluation to non-MSHA product safety standards which have been determined by MSHA to be equivalent, under § 6.20 of this chapter, to MSHA's product approval requirements under this part.</P> <P>(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:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(5) Drawing(s) showing the construction of headlights, battery boxes, including seals or locks, and method of mounting.</P> <P>(6) Other drawings, specifications, or descriptions identifying any feature that MSHA considers necessary for certification of the particular mobile diesel-powered transportation equipment.</P> <P>(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 § 36.40).</P> <P>(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.</P> <P>(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.<PRTPAGE P="179"/> </P> <P>(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.</P> <P>(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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 36.7</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 36.8</SECTNO> <SUBJECT>Date for conducting tests.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 36.9</SECTNO> <SUBJECT>Conduct of investigations, tests, and demonstrations.</SUBJECT> <P>(a) Prior to the issuance of a certificate of approval or a letter of certification, as the case may require, necessary Government personnel, representatives of the applicant, and such other persons as may be mutually agreed upon may observe the investigations or tests. MSHA shall hold as confidential and shall not disclose principles or patentable features prior to certification, nor shall it disclose any details of drawings, specifications, descriptions, or related materials. After the issuance of a certificate of approval, MSHA may conduct such public demonstrations and tests of the approved mobile diesel-powered transportation equipment as it deems appropriate. The conduct of all investigations, tests, and demonstrations shall be under the direction and control of MSHA, and any other persons shall be present only as observers, except as noted in paragraph (b) of this section.</P> <P>(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.</P> <CITA>[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 39 FR 24006, June 28, 1974; 61 FR 55526, Oct. 25, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 36.10</SECTNO> <SUBJECT>Certificate of approval.</SUBJECT> <P>(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.</P> <P>(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 <PRTPAGE P="180"/>in production of the certified equipment.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 36.11</SECTNO> <SUBJECT>Approval plates.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <CITA>[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 43 FR 12318, Mar. 24, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 36.12</SECTNO> <SUBJECT>Changes after certification.</SUBJECT> <P>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:</P> <P>(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.</P> <P>(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:</P> <P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization;</P> <P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements;</P> <P>(iii) Identification of components or features of the product that are critical to the safety of the product; and</P> <P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.</P> <P>(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.</P> <P>(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.</P> <CITA>[Schedule 31, 26 FR 645, Jan. 24, 1961, as amended at 52 FR 17516, May 8, 1987; 68 FR 36423, June 17, 2003]</CITA> </SECTION> <SECTION> <PRTPAGE P="181"/> <SECTNO>§ 36.13</SECTNO> <SUBJECT>Withdrawal of certification.</SUBJECT> <P>MSHA reserves the right to rescind for cause any certificate of approval granted under this part.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Construction and Design Requirements</HD> <SECTION> <SECTNO>§ 36.20</SECTNO> <SUBJECT>Quality of material, workmanship, and design.</SUBJECT> <P>(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.</P> <P>(b) The quality of material, workmanship, and design shall conform to the requirements of § 7.98(q) of this chapter.</P> <P>(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 § 36.25(f)) and §§ 36.43 through 36.48 are not applicable to equipment utilizing part 7, subpart F power packages, since these requirements have already been satisfied.</P> <CITA>[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 61 FR 55526, Oct. 25, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 36.21</SECTNO> <SUBJECT>Engine for equipment considered for certification.</SUBJECT> <P>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.</P> <CITA>[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 61 FR 55526, Oct. 25, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 36.22</SECTNO> <SUBJECT>Fuel-injection system.</SUBJECT> <P>This system shall be so constructed that the quantity of fuel injected can be controlled at a desired maximum value and shall be so arranged that this adjustment can be changed only after breaking a seal or unlocking a compartment. Provision shall be made for convenient adjustment of the maximum fuel-injection rate to that required for safe operation at different altitudes (elevations above sea level). The governor, controlling engine speed and fuel injection, shall not directly affect airflow to the engine and provision shall be made to seal or lock its adjustment compartment. Filters shall be provided to insure that only clean fuel will reach the injection pump or injectors.</P> </SECTION> <SECTION> <SECTNO>§ 36.23</SECTNO> <SUBJECT>Engine intake system.</SUBJECT> <P>(a) <E T="03">Construction.</E> 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 § 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 § 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.</P> <P>(b) <E T="03">Intake flame arrester.</E> (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 <PRTPAGE P="182"/>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.</P> <P>(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.</P> <P>(c) <E T="03">Air shutoff valve.</E> 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.</P> <P>(d) <E T="03">Air cleaner.</E> 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.</P> <P>(e) <E T="03">Vacuum-gage connection.</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 36.24</SECTNO> <SUBJECT>Engine joints.</SUBJECT> <P>(a) <E T="03">Cylinder head.</E> 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.</P> <P>(b) <E T="03">Valve guides.</E> Valve guides shall be long enough to form an adequate flame barrier along the valve stem.</P> <P>(c) <E T="03">Gaskets.</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 36.25</SECTNO> <SUBJECT>Engine exhaust system.</SUBJECT> <P>(a) <E T="03">Construction.</E> 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 § 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.</P> <P>(b) <E T="03">Exhaust flame arrester.</E> (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.</P> <P>(2) A spaced-plate flame arrester for the exhaust system shall meet the same requirements as flame arresters for the intake system (see § 36.23(b)(2)).</P> <P>(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 <PRTPAGE P="183"/>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.</P> <P>(c) <E T="03">Exhaust cooling system.</E> (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 °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 °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 °F.</P> <P>(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.</P> <P>(3) The cooling system shall be constructed of corrosion-resistant metal suitable for the intended application.</P> <P>(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.</P> <P>(d) <E T="03">Surface temperature of engine and exhaust system.</E> (1) The temperature of any external surface of the engine or exhaust system shall not exceed 400 °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 °F. Insulated coverings to control surface temperature are not acceptable.</P> <P>(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.</P> <P>(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.</P> <P>(e) <E T="03">Tightness of exhaust system.</E> 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.</P> <P>(f) <E T="03">Dilution of exhaust gas.</E> (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.<PRTPAGE P="184"/> </P> <P>(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.</P> <P>(g) <E T="03">Pressure-gage connection.</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 36.26</SECTNO> <SUBJECT>Composition of exhaust gas.</SUBJECT> <P>(a) <E T="03">Preliminary engine adjustment.</E> 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.</P> <P>(b) <E T="03">Final engine adjustment.</E> 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<E T="52">2</E>) under any conditions of engine operation prescribed by MSHA when the intake air mixture to the engine contains 1.5 ±0.1 percent, by volume, of Pittsburgh natural gas. <SU>3</SU> <FTREF/> </P> <FTNT> <P> <SU>3</SU> 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.</P> </FTNT> <P>(c) <E T="03">Coupling or adapter.</E> The applicant shall provide the coupling or adapter for connecting the engine to MSHA's dynamometer.</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>Preferably this coupling or adapter should be attached to the flywheel of the engine.</P> </NOTE> <FP>Clutches, transmissions, or torque converters ordinarily are not required in the coupling train.</FP> </SECTION> <SECTION> <SECTNO>§ 36.27</SECTNO> <SUBJECT>Fuel-supply system.</SUBJECT> <P>(a) <E T="03">Fuel tank.</E> (1) The fuel tank shall not leak and shall be fabricated of metal at least <FR>1/16</FR> 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.</P> <P>(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.</P> <P>(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.</P> <P>(b) <E T="03">Fuel lines.</E> 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.</P> <P>(c) <E T="03">Valve in fuel line.</E> A shutoff valve shall be provided in the fuel system, installed in a manner acceptable to MSHA.</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>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.</P> </NOTE> </SECTION> <SECTION> <SECTNO>§ 36.28</SECTNO> <SUBJECT>Signal or warning device.</SUBJECT> <P>All mobile diesel-powered transportation equipment shall be provided with a bell, horn, or other suitable <PRTPAGE P="185"/>warning device convenient to the operator. Warning devices shall be operated manually or pneumatically.</P> </SECTION> <SECTION> <SECTNO>§ 36.29</SECTNO> <SUBJECT>Brakes.</SUBJECT> <P>All mobile diesel-powered transportation equipment shall be equipped with adequate brakes acceptable to MSHA.</P> </SECTION> <SECTION> <SECTNO>§ 36.30</SECTNO> <SUBJECT>Rerailing device.</SUBJECT> <P>All mobile diesel-powered transportation equipment designed to travel on rails in haulage service shall carry a suitable rerailing device.</P> </SECTION> <SECTION> <SECTNO>§ 36.31</SECTNO> <SUBJECT>Fire extinguisher.</SUBJECT> <P>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<FR>1/2</FR> pounds.</P> </SECTION> <SECTION> <SECTNO>§ 36.32</SECTNO> <SUBJECT>Electrical components and systems.</SUBJECT> <P>(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.</P> <P>(b) Electrical systems on mobile diesel-powered transportation equipment shall meet the requirements of Part 18 or 27 of this chapter, as applicable.</P> <CITA>[47 FR 11372, Mar. 16, 1982]</CITA> </SECTION> <SECTION> <SECTNO>§ 36.33</SECTNO> <SUBJECT>Headlights and fixtures.</SUBJECT> <P>(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.</P> <P>(b) Mobile diesel-powered transportation equipment shall be equipped with at least one headlight on each end.</P> <CITA>[47 FR 11372, Mar. 16, 1982]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Test Requirements</HD> <SECTION> <SECTNO>§ 36.40</SECTNO> <SUBJECT>Test site.</SUBJECT> <P>Tests shall be conducted at MSHA's Diesel Testing Laboratory or other appropriate place(s) determined by MSHA.</P> <CITA>[39 FR 24006, June 28, 1974, as amended at 43 FR 12318, Mar. 24, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 36.41</SECTNO> <SUBJECT>Testing methods.</SUBJECT> <P>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 § 36.20).</P> </SECTION> <SECTION> <SECTNO>§ 36.42</SECTNO> <SUBJECT>Inspection.</SUBJECT> <P>A detailed inspection shall be made of the equipment and all components and features related to safety in operation. The inspection shall include:</P> <P>(a) Investigating the materials, workmanship, and design to determine their adequacy.</P> <P>(b) Checking the parts and assemblies against the drawings and specifications with respect to materials, dimensions, and locations to verify their conformance.</P> <P>(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.</P> <P>(d) Inspecting and measuring flame arresters to determine whether they will prevent the issuance of flame or propagation of an internal explosion.</P> </SECTION> <SECTION> <SECTNO>§ 36.43</SECTNO> <SUBJECT>Determination of exhaust-gas composition.</SUBJECT> <P>(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 § 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 <PRTPAGE P="186"/>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.</P> <P>(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.</P> <P>(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.</P> <CITA>[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 61 FR 55526, Oct. 25, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 36.44</SECTNO> <SUBJECT>Maximum allowable fuel : air ratio.</SUBJECT> <P>(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 § 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.</P> <P>(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.</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>The applicant may be requested to adjust the liquid fuel rate during tests to determine the maximum allowable fuel : air ratio.</P> </NOTE> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 36.45</SECTNO> <SUBJECT>Quantity of ventilating air.</SUBJECT> <P>(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.</P> <P>(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: </P> <EXTRACT> <FP SOURCE="FP-1">0.25 percent, by volume, of carbon dioxide (CO<E T="52">2</E>).</FP> <FP SOURCE="FP-1">0.005 percent, by volume, of carbon monoxide (CO).</FP> <FP SOURCE="FP-1">0.00125 percent, by volume, of oxides of nitrogen (calculated as equivalent nitrogen dioxide, NO<E T="52">2</E>).</FP> </EXTRACT> <FP>The oxygen (O<E T="52">2</E>) 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.</FP> <NOTE> <HD SOURCE="HED">Note:</HD> <P>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.</P> </NOTE> </SECTION> <SECTION> <SECTNO>§ 36.46</SECTNO> <SUBJECT>Explosion tests of intake and exhaust systems.</SUBJECT> <P>(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 <PRTPAGE P="187"/>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.</P> <P>(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.</P> <P>(c) The temperature of the flame arresters in the intake or exhaust systems shall not exceed 212 °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.</P> <P>(d) The explosion tests of the intake and exhaust systems shall not result in:</P> <P>(1) Discharge of visible flame from any joint or opening.</P> <P>(2) Ignition of surrounding flammable gas-air mixture.</P> <P>(3) Development of dangerous afterburning. <SU>4</SU> <FTREF/> </P> <FTNT> <P> <SU>4</SU> 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.</P> </FTNT> <P>(4) Excessive pressures.</P> </SECTION> <SECTION> <SECTNO>§ 36.47</SECTNO> <SUBJECT>Tests of exhaust-gas cooling system.</SUBJECT> <P>(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 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.</P> <P>(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.</P> <P>(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 °F. or the temperature of adiabatic saturation, if this temperature is lower.</P> <P>(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<FR>2/3</FR> hours under the test conditions.</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>This amount is enough to cool the exhaust for an 8-hour shift at one-third load factor.</P> </NOTE> <P>(e) The adequacy of the automatic fuel shutoff actuated by the temperature of the final exhaust shall be determined with the engine operating under test conditions by withdrawing water until the cooling system fails to function. The final exhaust-gas temperature at which the liquid fuel to the engine is automatically shut off shall be noted. This temperaure shall not exceed 185 °F.</P> <P>(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 °F. At this temperature and with the water replenished in the cooling system, it shall be possible to start the engine.</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>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.</P> </NOTE> <PRTPAGE P="188"/> <P>(g) The effectiveness of the automatic engine shut-off, which will operate when the water in the cooling jacket(s) exceeds 212 °F., shall be determined by causing the jacket temperature to exceed 212 °F.</P> </SECTION> <SECTION> <SECTNO>§ 36.48</SECTNO> <SUBJECT>Tests of surface temperature of engine and components of the cooling system.</SUBJECT> <P>(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.</P> <P>(b) The temperature of any surface shall not exceed 400 °F. </P> <NOTE> <HD SOURCE="HED">Note to § 36.48:</HD> <P>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.</P> </NOTE> <CITA>[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 61 FR 55526, Oct. 25, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 36.49</SECTNO> <SUBJECT>Tests of exhaust-gas dilution system.</SUBJECT> <P>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 § 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 § 36.25(f)(1).</P> </SECTION> <SECTION> <SECTNO>§ 36.50</SECTNO> <SUBJECT>Tests of fuel tank.</SUBJECT> <P>The fuel tank shall be inspected and tested to determine whether: (a) It is fuel-tight, (b) the vent maintains atmospheric pressure within the tank, and (c) the vent and closure restrict the outflow of liquid fuel.</P> </SECTION> </SUBPART> </PART> </SUBCHAP> <SUBCHAP> <RESERVED>SUBCHAPTERS C-F [RESERVED]</RESERVED> </SUBCHAP> <SUBCHAP TYPE="P"> <PRTPAGE P="189"/> <HD SOURCE="HED">SUBCHAPTER G—FILING AND OTHER ADMINISTRATIVE REQUIREMENTS</HD> <PART> <EAR>Pt. 40</EAR> <HD SOURCE="HED">PART 40—REPRESENTATIVE OF MINERS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>40.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>40.2</SECTNO> <SUBJECT>Requirements.</SUBJECT> <SECTNO>40.3</SECTNO> <SUBJECT>Filing procedures.</SUBJECT> <SECTNO>40.4</SECTNO> <SUBJECT>Posting at mine.</SUBJECT> <SECTNO>40.5</SECTNO> <SUBJECT>Termination of designation as representative of miners.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>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).</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>43 FR 29509, July 7, 1978, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 40.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>As used in this Part 40:</P> <P>(a) <E T="03">Act</E> means the Federal Mine Safety and Health Act of 1977.</P> <P>(b) <E T="03">Representative of miners</E> means:</P> <P>(1) Any person or organization which represents two or more miners at a coal or other mine for the purposes of the Act, and</P> <P>(2) <E T="03">Representatives authorized by the miners,</E> <E T="03">miners or their representative,</E> <E T="03">authorized miner representative,</E> and other similar terms as they appear in the Act.</P> </SECTION> <SECTION> <SECTNO>§ 40.2</SECTNO> <SUBJECT>Requirements.</SUBJECT> <P>(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 § 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.</P> <P>(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.</P> <P>(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.</P> <SECAUTH>(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))</SECAUTH> <CITA>[43 FR 29509, July 7, 1978, as amended at 47 FR 14696, Apr. 6, 1982; 60 FR 33722, June 29, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 40.3</SECTNO> <SUBJECT>Filing procedures.</SUBJECT> <P>(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:</P> <P>(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.</P> <P>(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.</P> <P>(3) A copy of the document evidencing the designation of the representative of miners.</P> <P>(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.</P> <P>(5) The names, addresses, and telephone numbers, of any representative to serve in his absence.</P> <P>(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.<PRTPAGE P="190"/> </P> <P>(7) A statement certifying that all information filed is true and correct followed by the signature of the representative of miners.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 40.4</SECTNO> <SUBJECT>Posting at mine.</SUBJECT> <P>A copy of the information provided the operator pursuant to § 40.3 of this part shall be posted upon receipt by the operator on the mine bulletin board and maintained in a current status.</P> </SECTION> <SECTION> <SECTNO>§ 40.5</SECTNO> <SUBJECT>Termination of designation as representative of miners.</SUBJECT> <P>(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.</P> <P>(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.</P> </SECTION> </PART> <PART> <EAR>Pt. 41</EAR> <HD SOURCE="HED">PART 41—NOTIFICATION OF LEGAL IDENTITY</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—Definitions</HD> <SECHD>Sec.</SECHD> <SECTNO>41.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Notification of Legal Identity</HD> <SECTNO>41.10</SECTNO> <SUBJECT>Scope.</SUBJECT> <SECTNO>41.11</SECTNO> <SUBJECT>Notification by operator.</SUBJECT> <SECTNO>41.12</SECTNO> <SUBJECT>Changes; notification by operator.</SUBJECT> <SECTNO>41.13</SECTNO> <SUBJECT>Failure to notify.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Operator's Report to the Mine Safety and Health Administration</HD> <SECTNO>41.20</SECTNO> <SUBJECT>Legal identity report.</SUBJECT> <SECTNO>41.30</SECTNO> <SUBJECT>Address of record and telephone number.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>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).</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>43 FR 29512, July 7, 1978, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—Definitions</HD> <SECTION> <SECTNO>§ 41.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>As used in this part:</P> <P>(a) <E T="03">Operator</E> 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.</P> <P>(b) <E T="03">Person</E> means any individual, sole proprietor, partnership, association, corporation, firm, subsidiary of a corporation, or other organization.</P> <P>(c) <E T="03">Coal or other mine</E> 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.</P> </SECTION> </SUBPART> <SUBPART> <PRTPAGE P="191"/> <HD SOURCE="HED">Subpart B—Notification of Legal Identity</HD> <SECTION> <SECTNO>§ 41.10</SECTNO> <SUBJECT>Scope.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 41.11</SECTNO> <SUBJECT>Notification by operator.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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 <PRTPAGE P="192"/>other mines in which any corporate officer has a 20 percent or greater ownership interest.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 41.12</SECTNO> <SUBJECT>Changes; notification by operator.</SUBJECT> <P>Within 30 days after the occurrence of any change in the information required by § 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.</P> </SECTION> <SECTION> <SECTNO>§ 41.13</SECTNO> <SUBJECT>Failure to notify.</SUBJECT> <P>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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Operator's Report to the Mine Safety and Health Administration</HD> <SECTION> <SECTNO>§ 41.20</SECTNO> <SUBJECT>Legal identity report.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 41.30</SECTNO> <SUBJECT>Address of record and telephone number.</SUBJECT> <P>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.</P> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 42</EAR> <HD SOURCE="HED">PART 42—NATIONAL MINE HEALTH AND SAFETY ACADEMY</HD> <CONTENTS> <SUBPART> <RESERVED>Subpart A [Reserved]</RESERVED> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Tuition Fees</HD> <SECHD>Sec.</SECHD> <SECTNO>42.10</SECTNO> <SUBJECT>Tuition fees.</SUBJECT> <SECTNO>42.20</SECTNO> <SUBJECT>Schedule of fees.</SUBJECT> <SECTNO>42.30</SECTNO> <SUBJECT>Procedure for payment.</SUBJECT> <SECTNO>42.40</SECTNO> <SUBJECT>Refunds.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Room and Board</HD> <SECTNO>42.50</SECTNO> <SUBJECT>Charges for room and board.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>30 U.S.C. 957.</P> </AUTH> <SOURCE> <PRTPAGE P="193"/> <HD SOURCE="HED">Source:</HD> <P>50 FR 11643, Mar. 22, 1985, unless otherwise noted. Redesignated at 67 FR 42382, June 21, 2002.</P> </SOURCE> <SUBPART> <RESERVED>Subpart A [Reserved]</RESERVED> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Tuition Fees</HD> <SECTION> <SECTNO>§ 42.10</SECTNO> <SUBJECT>Tuition fees.</SUBJECT> <P>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.</P> <CITA>[62 FR 60985, Nov. 13, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 42.20</SECTNO> <SUBJECT>Schedule of fees.</SUBJECT> <P>(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.</P> <P>(b) The tuition fee for each course will be stated in the course announcement and will be reassessed on an annual basis.</P> </SECTION> <SECTION> <SECTNO>§ 42.30</SECTNO> <SUBJECT>Procedure for payment.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 42.40</SECTNO> <SUBJECT>Refunds.</SUBJECT> <P>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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Room and Board</HD> <SECTION> <SECTNO>§ 42.50</SECTNO> <SUBJECT>Charges for room and board.</SUBJECT> <P>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.</P> <CITA>[62 FR 60985, Nov. 13, 1997]</CITA> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 43</EAR> <HD SOURCE="HED">PART 43—PROCEDURES FOR PROCESSING HAZARDOUS CONDITIONS COMPLAINTS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECHD>Sec.</SECHD> <SECTNO>43.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>43.2</SECTNO> <SUBJECT>General.</SUBJECT> <SECTNO>43.3</SECTNO> <SUBJECT>Purpose and scope of this part.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Special Inspections</HD> <SECTNO>43.4</SECTNO> <SUBJECT>Requirements for giving notice.</SUBJECT> <SECTNO>43.5</SECTNO> <SUBJECT>Action by the Secretary.</SUBJECT> <SECTNO>43.6</SECTNO> <SUBJECT>Notice of negative finding.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Informal Review</HD> <SECTNO>43.7</SECTNO> <SUBJECT>Informal review upon written notice given to an inspector on the mine premises.</SUBJECT> <SECTNO>43.8</SECTNO> <SUBJECT>Informal review upon the issuance of a notice of negative finding.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>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. <PRTPAGE P="194"/>307, Federal Mine Safety and Health Amendments Act of 1977, Pub. L. 95-164, 91 Stat. 1322 (30 U.S.C. 801 note).</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>43 FR 29515, July 7, 1978, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECTION> <SECTNO>§ 43.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>For purposes of this part, <E T="03">Act</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 43.2</SECTNO> <SUBJECT>General.</SUBJECT> <P>(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.</P> <P>(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.</P> <SECAUTH>(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))</SECAUTH> <CITA>[43 FR 29515, July 7, 1978, as amended at 47 FR 14696, Apr. 6, 1982; 60 FR 33722, June 29, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 43.3</SECTNO> <SUBJECT>Purpose and scope of this part.</SUBJECT> <P>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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Special Inspections</HD> <SECTION> <SECTNO>§ 43.4</SECTNO> <SUBJECT>Requirements for giving notice.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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 <PRTPAGE P="195"/>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.</P> </SECTION> <SECTION> <SECTNO>§ 43.5</SECTNO> <SUBJECT>Action by the Secretary.</SUBJECT> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 43.6</SECTNO> <SUBJECT>Notice of negative finding.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Informal Review</HD> <SECTION> <SECTNO>§ 43.7</SECTNO> <SUBJECT>Informal review upon written notice given to an inspector on the mine premises.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 43.8</SECTNO> <SUBJECT>Informal review upon issuance of a notice of negative finding.</SUBJECT> <P>A person to whom a notice of negative finding has been issued pursuant to § 43.6 of this part may request informal review of such finding in accordance with the provisions of § 43.7(b)-(d) of this subpart.</P> </SECTION> </SUBPART> </PART> <PART> <PRTPAGE P="196"/> <EAR>Pt. 44</EAR> <HD SOURCE="HED">PART 44—RULES OF PRACTICE FOR PETITIONS FOR MODIFICATION OF MANDATORY SAFETY STANDARDS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECHD>Sec.</SECHD> <SECTNO>44.1</SECTNO> <SUBJECT>Scope and construction.</SUBJECT> <SECTNO>44.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>44.3</SECTNO> <SUBJECT>Parties.</SUBJECT> <SECTNO>44.4</SECTNO> <SUBJECT>Standard of evaluation of petitions; effect of petitions granted.</SUBJECT> <SECTNO>44.5</SECTNO> <SUBJECT>Notice of a granted petition for modification.</SUBJECT> <SECTNO>44.6</SECTNO> <SUBJECT>Service.</SUBJECT> <SECTNO>44.7</SECTNO> <SUBJECT>Filing.</SUBJECT> <SECTNO>44.8</SECTNO> <SUBJECT>Ex parte communication.</SUBJECT> <SECTNO>44.9</SECTNO> <SUBJECT>Posting of petition.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Initial Procedure for Petitions for Modification</HD> <SECTNO>44.10</SECTNO> <SUBJECT>Filing of petition; service.</SUBJECT> <SECTNO>44.11</SECTNO> <SUBJECT>Contents of petition.</SUBJECT> <SECTNO>44.12</SECTNO> <SUBJECT>Procedure for public notice of petition received.</SUBJECT> <SECTNO>44.13</SECTNO> <SUBJECT>Proposed decision.</SUBJECT> <SECTNO>44.14</SECTNO> <SUBJECT>Request for hearing.</SUBJECT> <SECTNO>44.15</SECTNO> <SUBJECT>Referral to Chief Administrative Law Judge.</SUBJECT> <SECTNO>44.16</SECTNO> <SUBJECT>Application for temporary relief; relief to give effect to the proposed decision and order.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Hearings</HD> <SECTNO>44.20</SECTNO> <SUBJECT>Designation of administrative law judge.</SUBJECT> <SECTNO>44.21</SECTNO> <SUBJECT>Filing and form of documents.</SUBJECT> <SECTNO>44.22</SECTNO> <SUBJECT>Administrative law judges; powers and duties.</SUBJECT> <SECTNO>44.23</SECTNO> <SUBJECT>Prehearing conferences.</SUBJECT> <SECTNO>44.24</SECTNO> <SUBJECT>Discovery.</SUBJECT> <SECTNO>44.25</SECTNO> <SUBJECT>Depositions.</SUBJECT> <SECTNO>44.26</SECTNO> <SUBJECT>Subpoenas; witness fees.</SUBJECT> <SECTNO>44.27</SECTNO> <SUBJECT>Consent findings and rules or orders.</SUBJECT> <SECTNO>44.28</SECTNO> <SUBJECT>Notice of hearing.</SUBJECT> <SECTNO>44.29</SECTNO> <SUBJECT>Motions.</SUBJECT> <SECTNO>44.30</SECTNO> <SUBJECT>Hearing procedures.</SUBJECT> <SECTNO>44.31</SECTNO> <SUBJECT>Proposed findings of fact, conclusions, and orders.</SUBJECT> <SECTNO>44.32</SECTNO> <SUBJECT>Initial decision.</SUBJECT> <SECTNO>44.33</SECTNO> <SUBJECT>Departmental review.</SUBJECT> <SECTNO>44.34</SECTNO> <SUBJECT>Transmission of record.</SUBJECT> <SECTNO>44.35</SECTNO> <SUBJECT>Decision of the Assistant Secretary.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Summary Decisions</HD> <SECTNO>44.40</SECTNO> <SUBJECT>Motion for summary decision.</SUBJECT> <SECTNO>44.41</SECTNO> <SUBJECT>Summary decision.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Effect of Initial Decision</HD> <SECTNO>44.50</SECTNO> <SUBJECT>Effect of appeal on initial decision.</SUBJECT> <SECTNO>44.51</SECTNO> <SUBJECT>Finality for purposes of judicial review.</SUBJECT> <SECTNO>44.52</SECTNO> <SUBJECT>Revocation of modification.</SUBJECT> <SECTNO>44.53</SECTNO> <SUBJECT>Amended modification.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>30 U.S.C. 957.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>43 FR 29518, July 7, 1978, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECTION> <SECTNO>§ 44.1</SECTNO> <SUBJECT>Scope and construction.</SUBJECT> <P>(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.</P> <P>(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.</P> <CITA>[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 44.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>As used in this part, unless the context clearly requires otherwise, the term—</P> <P>(a) <E T="03">Act</E> means the Federal Mine Safety and Health Act of 1977, Pub. L. 91-173, as amended by Pub. L. 95-164.</P> <P>(b) <E T="03">Secretary, operator, agent, person, miner,</E> and <E T="03">coal or other mine,</E> have the meanings set forth in section 3 of the act.</P> <P>(c) <E T="03">Assistant Secretary</E> means the Assistant Secretary of Labor for Mine Safety and Health.</P> <P>(d) <E T="03">Administrative law judge</E> means an administrative law judge of the Department of Labor appointed under section 3105 of title 5 of the United States Code.</P> <P>(e) <E T="03">Representative of miners</E> 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.</P> <CITA>[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 44.3</SECTNO> <SUBJECT>Parties.</SUBJECT> <P>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 <PRTPAGE P="197"/>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.</P> </SECTION> <SECTION> <SECTNO>§ 44.4</SECTNO> <SUBJECT>Standard of evaluation of petitions; effect of petitions granted.</SUBJECT> <P>(a) A petition for modification of application of a mandatory safety standard may be granted upon a determination that—</P> <P>(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</P> <P>(2) Application of the standard will result in a diminution of safety to the miners.</P> <P>(b) Except as may be provided in § 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 § 44.14 or § 44.33, as appropriate.</P> <P>(c) All petitions for modification granted pursuant to this part shall have only future effect: <E T="03">Provided,</E> 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.</P> <CITA>[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 44.5</SECTNO> <SUBJECT>Notice of a granted petition for modification.</SUBJECT> <P>(a) Every final action granting a petition for modification under this part shall be published in the <E T="04">Federal Register.</E> 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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 44.6</SECTNO> <SUBJECT>Service.</SUBJECT> <P>(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 § 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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(e) Service by mail shall be complete upon mailing. Service by telecopier or other electronic means shall be complete upon receipt.</P> <P>(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 <PRTPAGE P="198"/>document or other material is served upon the party by mail, 5 days shall be added to the prescribed period: <E T="03">Provided,</E> 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.</P> <CITA>[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 44.7</SECTNO> <SUBJECT>Filing.</SUBJECT> <P>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.</P> <CITA>[55 FR 53440, Dec. 28, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 44.8</SECTNO> <SUBJECT>Ex parte communication.</SUBJECT> <P>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.</P> <CITA>[55 FR 53440, Dec. 28, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 44.9</SECTNO> <SUBJECT>Posting of petition.</SUBJECT> <P>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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Initial Procedure for Petitions for Modification</HD> <SECTION> <SECTNO>§ 44.10</SECTNO> <SUBJECT>Filing of petition; service.</SUBJECT> <P>A petition for modification of the application of a mandatory safety standard under section 101(c) of the Act may be filed only by the operator of the affected mine or any representative of the miners at such mine. All petitions must be in writing and must be filed with the Director, Office of Standards, Regulations, and Variances, Mine Safety and Health Administration, 1100 Wilson Blvd., Room 2352, Arlington, Virginia 22209-3939. If the petition is filed by a mine operator, a copy of the petition shall be served by the mine operator upon a representative of miners at the affected mine. If the petition is filed by a representative of the miners, a copy of the petition shall be served by the representative of miners upon the mine operator. Service shall be accomplished personally or by registered or certified mail, return receipt requested.</P> <CITA>[55 FR 53440, Dec. 28, 1990, as amended at 67 FR 38384, June 4, 2002]</CITA> </SECTION> <SECTION> <SECTNO>§ 44.11</SECTNO> <SUBJECT>Contents of petition.</SUBJECT> <P>(a) A petition for modification filed pursuant to § 44.10 shall contain:</P> <P>(1) The name and address of the petitioner.</P> <P>(2) The mailing address and mine identification number of the mine or mines affected.</P> <P>(3) The mandatory safety standard to which the petition is directed.</P> <P>(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.</P> <P>(5) A detailed statement of the facts the petitioner would show to establish the grounds upon which it is claimed a modification is warranted.</P> <P>(6) Identification of any representative of the miners at the affected mine, if the petitioner is a mine operator.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 44.12</SECTNO> <SUBJECT>Procedure for public notice of petition received.</SUBJECT> <P>(a) Within 15 days from the filing of a petition for modification, the Mine Safety and Health Administration will <PRTPAGE P="199"/>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 <E T="04">Federal Register</E>.</P> <P>(b) The <E T="04">Federal Register</E> 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.</P> <P>(c) All such notices shall advise interested parties that they may, within 30 days from the date of publication in the <E T="04">Federal Register,</E> in writing, comment upon or provide information relative to the proposed modification.</P> <CITA>[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 44.13</SECTNO> <SUBJECT>Proposed decision.</SUBJECT> <P>(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.</P> <P>(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 § 44.14 of this part.</P> <P>(c) Service of the proposed decision is complete upon mailing.</P> <CITA>[55 FR 53440, Dec. 28, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 44.14</SECTNO> <SUBJECT>Request for hearing</SUBJECT> <P>A request for hearing filed in accordance with § 44.13 of this part must be filed within 30 days after service of the proposed decision and shall include:</P> <P>(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</P> <P>(b) An indication of a desired hearing site.</P> <P>(c) <E T="03">Partial appeal.</E> (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.</P> <P>(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—</P> <P>(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</P> <P>(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.</P> <CITA>[43 FR 29518, July 7, 1978, as amended at 55 FR 53441, Dec. 28, 1990]</CITA> </SECTION> <SECTION> <PRTPAGE P="200"/> <SECTNO>§ 44.15</SECTNO> <SUBJECT>Referral to Chief Administrative Law Judge.</SUBJECT> <P>Upon receipt of a request for hearing as provided in § 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.</P> <CITA>[55 FR 53441, Dec. 28, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 44.16</SECTNO> <SUBJECT>Application for temporary relief; relief to give effect to the proposed decision and order.</SUBJECT> <P>(a) <E T="03">Time for filing.</E> 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.</P> <P>(b) <E T="03">With whom filed.</E> The application shall be filed with and decided by the appropriate Administrator.</P> <P>(c) <E T="03">Investigation and decision.</E> 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.</P> <P>(d) <E T="03">Contents of application.</E> 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.</P> <P>(e) <E T="03">Criteria.</E> Before temporary relief is granted, the applicant must clearly show that—</P> <P>(1) The application was filed in good faith;</P> <P>(2) The requested relief will not adversely affect the health or safety of miners in the affected mine;</P> <P>(3) An identifiable hazard to miners exists in the mine which is caused by application of the standard at the mine;</P> <P>(4) Other means will be used to reasonably address the hazard against which the original standard was designed to protect; and</P> <P>(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.</P> <P>(f) <E T="03">Response.</E> 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.</P> <P>(g) <E T="03">Evidence.</E> An application for temporary relief or a response to such an application may be supported by affidavits or other evidentiary matter.</P> <P>(h) <E T="03">Findings.</E> 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.</P> <P>(i) <E T="03">Appeal to the Office of the Administrative Law Judges.</E> 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 § 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.</P> <P>(j) <E T="03">Duration of relief.</E> 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. <PRTPAGE P="201"/>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.</P> <P>(k) <E T="03">Application for relief to give effect to the proposed decision and order.</E> 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.</P> <P>(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.</P> <P>(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 § 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.</P> <CITA>[55 FR 53441, Dec. 28, 1990]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Hearings</HD> <SECTION> <SECTNO>§ 44.20</SECTNO> <SUBJECT>Designation of administrative law judge.</SUBJECT> <P>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.</P> <CITA>[55 FR 53442, Dec. 28, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 44.21</SECTNO> <SUBJECT>Filing and form of documents.</SUBJECT> <P>(a) <E T="03">Where to file.</E> After a petition has been referred to the Office of the Chief Administrative Law Judge, the parties will be notified of the name and address of the administrative law judge assigned to the case. All further documents shall be filed with the administrative law judge at the address designated or with the Chief Administrative Law Judge, if the assignment has not been made. While the petition is before the Assistant Secretary at any stage of the proceeding, all documents should be filed with the Assistant Secretary of Labor for Mine Safety and Health, 1100 Wilson Blvd., Room 2322, Arlington, Virginia 22209-3939.</P> <P>(b) <E T="03">Caption, title and signature.</E> (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.</P> <P>(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.</P> <P>(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.</P> <CITA>[43 FR 29518, July 7, 1978, as amended at 67 FR 38384, June 4, 2002]</CITA> </SECTION> <SECTION> <SECTNO>§ 44.22</SECTNO> <SUBJECT>Administrative law judges; powers and duties.</SUBJECT> <P>(a) <E T="03">Powers.</E> 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:</P> <P>(1) To administer oaths and affirmations;</P> <P>(2) To issue subpoenas on his own motion or upon written application of a party;</P> <P>(3) To rule upon offers of proof and receive relevant evidence;</P> <P>(4) To take depositions or have depositions taken when the ends of justice would be served;</P> <P>(5) To provide for discovery and determine its scope;</P> <P>(6) To regulate the course of the hearing and the conduct of parties and their counsel;</P> <P>(7) To consider and rule upon procedural requests;<PRTPAGE P="202"/> </P> <P>(8) To hold conferences for settlement or simplification of issues by consent of the parties;</P> <P>(9) To make decisions in accordance with the Act, this part, and section 557 of title 5 of the United States Code; and</P> <P>(10) To take any other appropriate action authorized by this part, section 556 of title 5 of the United States Code, or the Act.</P> <P>(b) <E T="03">Disqualification.</E> (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.</P> <P>(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.</P> <P>(c) <E T="03">Contumacious conduct; failure or refusal to appear or obey rulings of a presiding administrative law judge.</E> (1) Contumacious conduct at any hearing before the administrative law judge shall be grounds for exclusion from the hearing.</P> <P>(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.</P> <P>(d) <E T="03">Referral to Federal Rules of Civil Procedure and Evidence.</E> 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.</P> <P>(e) <E T="03">Remand.</E> 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.</P> <CITA>[43 FR 29518, July 7, 1978, as amended at 55 FR 53442, Dec. 28, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 44.23</SECTNO> <SUBJECT>Prehearing conferences.</SUBJECT> <P>(a) <E T="03">Convening a conference.</E> 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:</P> <P>(1) Simplification of issues;</P> <P>(2) Necessity or desirability of amendments to documents for clarification, simplification, or limitation;</P> <P>(3) Stipulations and admissions of facts;</P> <P>(4) Limitation of the number of parties and expert witnesses; and</P> <P>(5) Such other matters as may tend to expedite the disposition of the proceeding and assure a just conclusion thereof.</P> <P>(b) <E T="03">Record of conference.</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 44.24</SECTNO> <SUBJECT>Discovery.</SUBJECT> <P>Parties shall be governed in their conduct of discovery by appropriate provisions of the Federal Rules of Civil Procedure, except as provided in § 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 <PRTPAGE P="203"/>shall schedule a hearing in accordance with § 44.28 of this part.</P> <CITA>[55 FR 53442, Dec. 28, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 44.25</SECTNO> <SUBJECT>Depositions.</SUBJECT> <P>(a) <E T="03">Purpose.</E> For reasons of unavailability or for purpose of discovery, the testimony of any witness may be taken by deposition.</P> <P>(b) <E T="03">Form.</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 44.26</SECTNO> <SUBJECT>Subpoenas; witness fees.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(c) Any person served with a subpoena may move in writing to revoke or modify the subpoena. All motions to revoke or modify shall be served on the party at whose request the subpoena was issued. The administrative law judge shall revoke or modify the subpoena if in his opinion the evidence required to be produced does not relate to any matter under investigation or in question in the proceedings; the subpoena does not describe with sufficient particularity the evidence required to be produced; or if for any other reason, sufficent in law, the subpoena is found to be invalid or unreasonable. The administrative law judge shall make a simple statement of procedural or other grounds for the ruling on the motion to revoke or modify. The motion to revoke or modify, any answer filed thereto, and any ruling thereon shall become a part of the record.</P> <P>(d) Witnesses subpoened by any party shall be paid the same fees for attendance and mileage as are paid in the District Courts of the United States. The fees shall be paid by the party at whose instance the witness appears.</P> </SECTION> <SECTION> <SECTNO>§ 44.27</SECTNO> <SUBJECT>Consent findings and rules or orders.</SUBJECT> <P>(a) <E T="03">General.</E> At any time after a request for hearing is filed in accordance with § 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.</P> <P>(b) <E T="03">Contents.</E> Any agreement containing consent findings and rule or order disposing of a proceeding shall also provide:</P> <P>(1) That the rule or order shall have the same effect as if made after a full hearing;</P> <P>(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; <PRTPAGE P="204"/>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.</P> <P>(3) A waiver of further procedural steps before the administrative law judge and Assistant Secretary; and</P> <P>(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.</P> <P>(c) <E T="03">Submission.</E> On or before expiration of the time granted for negotiations, the parties or their counsel may:</P> <P>(1) Submit the proposed agreement to the Chief Administrative Law Judge or presiding administrative law judge, as appropriate, for his consideration; or</P> <P>(2) Inform the Chief Administrative Law Judge or presiding administrative law judge, as appropriate, that agreement cannot be reached.</P> <P>(d) <E T="03">Disposition.</E> 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.</P> <CITA>[43 FR 29518, July 7, 1978, as amended at 55 FR 53442, Dec. 28, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 44.28</SECTNO> <SUBJECT>Notice of hearing.</SUBJECT> <P>(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:</P> <P>(1) The time, place, and nature of the hearing; and</P> <P>(2) The legal authority under which the hearing is to be held.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 44.29</SECTNO> <SUBJECT>Motions.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 44.30</SECTNO> <SUBJECT>Hearing procedures.</SUBJECT> <P>(a) <E T="03">Order of proceeding.</E> Except as may be ordered otherwise by the administrative law judge, the petitioner shall proceed first at a hearing.</P> <P>(b) <E T="03">Burden of proof.</E> The petitioner shall have the burden of proving his case by a preponderance of the evidence.</P> <P>(c) <E T="03">Evidence</E>—(1) <E T="03">Admissibility.</E> 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.</P> <P>(2) <E T="03">Testimony of witnesses.</E> The testimony of a witness shall be upon oath or affirmation administered by the administrative law judge.</P> <P>(3) <E T="03">Objections.</E> 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.</P> <P>(4) <E T="03">Exceptions.</E> Formal exception to an adverse ruling is not required.</P> <P>(d) <E T="03">Official notice.</E> 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: <E T="03">Provided,</E> 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.<PRTPAGE P="205"/> </P> <P>(e) <E T="03">Transcript.</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 44.31</SECTNO> <SUBJECT>Proposed findings of fact, conclusions, and orders.</SUBJECT> <P>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.</P> <CITA>[55 FR 53442, Dec. 28, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 44.32</SECTNO> <SUBJECT>Initial decision.</SUBJECT> <P>(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 § 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:</P> <P>(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</P> <P>(2) The appropriate rule, order, relief, or denial thereof.</P> <P>(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.</P> <CITA>[43 FR 29518, July 7, 1978, as amended at 55 FR 53442, Dec. 28, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 44.33</SECTNO> <SUBJECT>Departmental review.</SUBJECT> <P>(a) <E T="03">Notice of appeal.</E> 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 § 44.6 of this part.</P> <P>(b) <E T="03">Statement of objections.</E> Within 20 days after filing the notice of appeal, the appellant shall file his statement of objections to the decision of the administrative law judge and serve copies on all other parties to the proceeding. The statement shall refer to the specific findings of fact, conclusions of law, or terms of the order objected to in the initial decision. Where any objection is based upon evidence of record, the objection need not be considered by the Assistan( Secretary if specific record citations to the pertinent evidence are not contained in the statement of objections.</P> <P>(c) <E T="03">Responding statements.</E> Within 20 days after service of the statement of objections, any other party to the proceeding may file a statement in response.</P> <CITA>[43 FR 29518, July 7, 1978, as amended at 55 FR 53442, Dec. 28, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 44.34</SECTNO> <SUBJECT>Transmission of record.</SUBJECT> <P>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.</P> <CITA>[55 FR 53442, Dec. 28, 1990]</CITA> </SECTION> <SECTION> <PRTPAGE P="206"/> <SECTNO>§ 44.35</SECTNO> <SUBJECT>Decision of the Assistant Secretary.</SUBJECT> <P>Appeals from a decision rendered pursuant to § 44.32 of this part shall be decided by the Assistant Secretary within 120 days after the time for filing responding statements under § 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.</P> <CITA>[55 FR 53442, Dec. 28, 1990]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Summary Decisions</HD> <SECTION> <SECTNO>§ 44.40</SECTNO> <SUBJECT>Motion for summary decision.</SUBJECT> <P>(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.</P> <P>(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 § 44.6 of this part.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 44.41</SECTNO> <SUBJECT>Summary decision.</SUBJECT> <P>(a) <E T="03">No genuine issue of material fact.</E> (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.</P> <P>(2) An initial decision and a final decision made under this paragraph shall include a statement of—</P> <P>(i) Findings and conclusions, and the reasons therefor, on all issues presented; and</P> <P>(ii) Any terms and conditions of the rule or order.<PRTPAGE P="207"/> </P> <P>(3) A copy of an initial decision and final decision under this paragraph shall be served on each party.</P> <P>(b) <E T="03">Hearings on issues of fact.</E> 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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Effect of Initial Decision</HD> <SECTION> <SECTNO>§ 44.50</SECTNO> <SUBJECT>Effect of appeal on initial decision.</SUBJECT> <P>Except as provided in § 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.</P> <CITA>[55 FR 53443, Dec. 28, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 44.51</SECTNO> <SUBJECT>Finality for purposes of judicial review.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 44.52</SECTNO> <SUBJECT>Revocation of modification.</SUBJECT> <P>(a) <E T="03">Petition for revocation.</E> 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.</P> <P>(b) <E T="03">Revocation by the Administrator.</E> 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 § 44.14.</P> <P>(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.</P> <P>(d) Disposition of the revocation shall be subject to all procedures of subparts C through E of this part.</P> <CITA>[55 FR 53443, Dec. 28, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 44.53</SECTNO> <SUBJECT>Amended modification.</SUBJECT> <P>(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:</P> <P>(1) A change in circumstances which originally supported the terms and conditions of the modification.</P> <P>(2) The Administrator determines that findings which originally supported the terms and conditions of the modification are no longer valid.</P> <P>(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 § 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 § 44.13. The original modification shall remain in effect until superseded by a final amended modification.</P> <P>(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 <PRTPAGE P="208"/>shall not reduce the protection afforded miners by the original decision and order.</P> <CITA>[55 FR 53443, Dec. 28, 1990]</CITA> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 45</EAR> <HD SOURCE="HED">PART 45—INDEPENDENT CONTRACTORS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>45.1</SECTNO> <SUBJECT>Scope and purpose.</SUBJECT> <SECTNO>45.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>45.3</SECTNO> <SUBJECT>Identification of independent contractors.</SUBJECT> <SECTNO>45.4</SECTNO> <SUBJECT>Independent contractor register.</SUBJECT> <SECTNO>45.5</SECTNO> <SUBJECT>Service of documents; independent contractors.</SUBJECT> <SECTNO>45.6</SECTNO> <SUBJECT>Address of record and telephone number; independent contractors.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>30 U.S.C. 802(d), 957.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>45 FR 44496, July 1, 1980, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 45.1</SECTNO> <SUBJECT>Scope and purpose.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 45.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>As used in this part:</P> <P>(a) <E T="03">Act</E> means the Federal Mine Safety and Health Act of 1977, Pub. L. 91-173, as amended by Pub. L. 95-164;</P> <P>(b) <E T="03">District Manager</E> means the District Manager of the Mine Safety and Health Administration District in which the independent contractor is located;</P> <P>(c) <E T="03">Independent contractor</E> 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,</P> <P>(d) <E T="03">Production-operator</E> means any owner, lessee, or other person who operates, controls or supervises a coal or other mine.</P> </SECTION> <SECTION> <SECTNO>§ 45.3</SECTNO> <SUBJECT>Identification of independent contractors.</SUBJECT> <P>(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:</P> <P>(1) The trade name and business address of the independent contractor;</P> <P>(2) An address of record for service of documents;</P> <P>(3) A telephone number at which the independent contractor can be contacted during regular business hours; and</P> <P>(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.</P> <SECAUTH>(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))</SECAUTH> <CITA>[45 FR 44496, July 1, 1980, as amended at 47 FR 14696, Apr. 6, 1982; 60 FR 33722, June 29, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 45.4</SECTNO> <SUBJECT>Independent contractor register.</SUBJECT> <P>(a) Each independent contractor shall provide the production-operator in writing the following information:</P> <P>(1) The independent contractor's trade name, business address and business telephone number;</P> <P>(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;</P> <P>(3) The independent contractor's MSHA identification number, if any; and</P> <P>(4) The independent contractor's address of record for service of citations, or other documents involving the independent contractor.</P> <P>(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.</P> </SECTION> <SECTION> <PRTPAGE P="209"/> <SECTNO>§ 45.5</SECTNO> <SUBJECT>Service of documents; independent contractors.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 45.6</SECTNO> <SUBJECT>Address of record and telephone number; independent contractors.</SUBJECT> <P>(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.</P> </SECTION> </PART> </SUBCHAP> <SUBCHAP TYPE="P"> <PRTPAGE P="210"/> <HD SOURCE="HED">SUBCHAPTER H—EDUCATION AND TRAINING</HD> <PART> <EAR>Pt. 46</EAR> <HD SOURCE="HED">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.</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>46.1</SECTNO> <SUBJECT>Scope.</SUBJECT> <SECTNO>46.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>46.3</SECTNO> <SUBJECT>Training plans.</SUBJECT> <SECTNO>46.4</SECTNO> <SUBJECT>Training plan implementation.</SUBJECT> <SECTNO>46.5</SECTNO> <SUBJECT>New miner training.</SUBJECT> <SECTNO>46.6</SECTNO> <SUBJECT>Newly hired experienced miner training.</SUBJECT> <SECTNO>46.7</SECTNO> <SUBJECT>New task training.</SUBJECT> <SECTNO>46.8</SECTNO> <SUBJECT>Annual refresher training.</SUBJECT> <SECTNO>46.9</SECTNO> <SUBJECT>Records of training.</SUBJECT> <SECTNO>46.10</SECTNO> <SUBJECT>Compensation for training.</SUBJECT> <SECTNO>46.11</SECTNO> <SUBJECT>Site-specific hazard awareness training.</SUBJECT> <SECTNO>46.12</SECTNO> <SUBJECT>Responsibility for independent contractor training.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>30 U.S.C. 811, 825.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>64 FR 53130, Sept. 30, 1999, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 46.1</SECTNO> <SUBJECT>Scope.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 46.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The following definitions apply in this part:</P> <P>(a) <E T="03">Act</E> means the Federal Mine Safety and Health Act of 1977.</P> <P>(b) <E T="03">Competent person</E> 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.</P> <P>(c) <E T="03">Equivalent experience</E> 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.</P> <P>(d)(1) <E T="03">Experienced miner</E> means:</P> <P>(i) A person who is employed as a miner on April 14, 1999;</P> <P>(ii) A person who has at least 12 months of cumulative surface mining or equivalent experience on or before October 2, 2000;</P> <P>(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 § 48.25 of this title or under proposed requirements published April 14, 1999, which are available from the Office of Standards, Regulations and Variances, MSHA, 1100 Wilson Blvd., Room 2352, Arlington, Virginia 22209-3939; or</P> <P>(iv) A person employed as a miner on or after October 2, 2000 who has completed 24 hours of new miner training under § 46.5 of this part or under § 48.25 of this title and who has at least 12 cumulative months of surface mining or equivalent experience.</P> <P>(2) Once a miner is an experienced miner under this section, the miner will retain that status permanently.</P> <P>(e) <E T="03">Independent contractor</E> 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.</P> <P>(f) <E T="03">Mine site</E> means an area of the mine where mining operations occur.</P> <P>(g)(1) <E T="03">Miner</E> means:</P> <P>(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</P> <P>(ii) Any construction worker who is exposed to hazards of mining operations.</P> <P>(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 <PRTPAGE P="211"/>also does not include maintenance or service workers who do not work at a mine site for frequent or extended periods.</P> <P>(h) <E T="03">Mining operations</E> 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.</P> <P>(i) <E T="03">New miner</E> means a person who is beginning employment as a miner with a production-operator or independent contractor and who is not an experienced miner.</P> <P>(j) <E T="03">Newly hired experienced miner</E> 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.</P> <P>(k) <E T="03">Normal working hours</E> 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.</P> <P>(l) <E T="03">Operator</E> means any production-operator, or any independent contractor whose employees perform services at a mine.</P> <P>(m) <E T="03">Production-operator</E> means any owner, lessee, or other person who operates, controls, or supervises a mine under this part.</P> <P>(n) <E T="03">Task</E> means a work assignment or component of a job that requires specific job knowledge or experience.</P> <P>(o) <E T="03">We</E> or <E T="03">us</E> means the Mine Safety and Health Administration (MSHA).</P> <P>(p) <E T="03">You</E> means production-operators and independent contractors.</P> <CITA>[64 FR 53130, Sept. 30, 1999, as amended at 67 FR 38384, June 4, 2002]</CITA> </SECTION> <SECTION> <SECTNO>§ 46.3</SECTNO> <SUBJECT>Training plans.</SUBJECT> <P>(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.</P> <P>(b) A training plan is considered approved by us if it contains, at a minimum, the following information:</P> <P>(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);</P> <P>(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;</P> <P>(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.</P> <P>(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</P> <P>(5) The evaluation procedures used to determine the effectiveness of training.</P> <P>(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.</P> <P>(d) You must provide the miners' representative, if any, with a copy of the plan at least 2 weeks before the plan is implemented or, if you request MSHA approval of your plan, at least two weeks before you submit the plan to the Regional Manager for approval. At <PRTPAGE P="212"/>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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(h) If you, miners, or miners' representatives wish to appeal a decision of the Regional Manager, you must send the appeal, in writing, to the Director for Educational Policy and Development, MSHA, 1100 Wilson Blvd., Room 2100, Arlington, Virginia 22209-3939, within 30 calendar days after notification of the Regional Manager's decision. The Director will issue a final decision of the Agency within 30 calendar days after receipt of the appeal.</P> <P>(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.</P> <P>(j) You must comply with the procedures for plan approval under this section whenever the plan undergoes revisions.</P> <P>(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 <E T="03">http://www.msha.gov.</E> </P> <EXTRACT> <HD SOURCE="HD2">Eastern Regional Manager</HD> <FP SOURCE="FP-1">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: <E T="03">EFS_EAST@MSHA.GOV</E> </FP> <HD SOURCE="HD2">Western Regional Manager</HD> <FP SOURCE="FP-1">Educational Field Services, P.O. Box 25367, Denver, CO 80225-0367, Telephone: (303) 231-5434, FAX: (304) 231-5474, E-mail: <E T="03">EFS_WEST@MSHA.GOV</E> </FP> </EXTRACT> <CITA>[64 FR 53130, Sept. 30, 1999, as amended at 67 FR 38384, June 4, 2002]</CITA> </SECTION> <SECTION> <SECTNO>§ 46.4</SECTNO> <SUBJECT>Training plan implementation.</SUBJECT> <P>(a) You must ensure that each program, course of instruction, or training session is:</P> <P>(1) Conducted in accordance with the written training plan;</P> <P>(2) Presented by a competent person; and</P> <P>(3) Presented in language understood by the miners who are receiving the training.</P> <P>(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.</P> <P>(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 § 46.9 of this part.</P> <P>(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.</P> <P>(e) Employee health and safety meetings, including informal health and safety talks and instruction, may be credited under this part toward either <PRTPAGE P="213"/>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 § 46.9 of this part. In recording the duration of training, you must include only the portion of the session actually spent in training.</P> </SECTION> <SECTION> <SECTNO>§ 46.5</SECTNO> <SUBJECT>New miner training.</SUBJECT> <P>(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.</P> <GPOTABLE CDEF="xls140,r150" COLS="2" OPTS="L2,g1,t1,p1,7/8,i1"> <ROW> <ENT I="01">(b) Before a new miner begins work at the mine—</ENT> <ENT>You must provide the miner with no less than 4 hours of training in the following subjects, which must also address site-specific hazards:<LI>(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;</LI> </ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(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;</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(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;</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(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;</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(5) Instruction on the statutory rights of miners and their representatives under the Act;</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(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</ENT> </ROW> <ROW RUL="s"> <ENT I="22"/> <ENT>(7) An introduction to your rules and procedures for reporting hazards.</ENT> </ROW> <ROW RUL="s"> <ENT I="01">(c) No later than 60 calendar days after a new miner begins work at the mine—</ENT> <ENT>You must provide the miner with training in the following subject:<LI>(1) Instruction and demonstration on the use, care, and maintenance of self-rescue and respiratory devices, if used at the mine; and</LI> <LI>(2) A review of first aid methods.</LI> </ENT> </ROW> <ROW> <ENT I="01">(d) No later than 90 calendar days after a new miner begins work at the mine—</ENT> <ENT>You must provide the miner with the balance, if any, of the 24 hours of training on any other subjects that promote occupational health and safety for miners at the mine.</ENT> </ROW> </GPOTABLE> <P>(e) Practice under the close observation of a competent person may be used to fulfill the requirement for training on the health and safety aspects of an assigned task in paragraph (b)(4) of this section, if hazard recognition training <PRTPAGE P="214"/>specific to the assigned task is given before the miner performs the task.</P> <P>(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 § 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.</P> <P>(g) A new miner training course completed under § 48.5 or § 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.</P> <CITA>[64 FR 53130, Sept. 30, 1999, as amended at 67 FR 42382, June 21, 2002]</CITA> </SECTION> <SECTION> <SECTNO>§ 46.6</SECTNO> <SUBJECT>Newly hired experienced miner training.</SUBJECT> <P>(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).</P> <GPOTABLE CDEF="xls140,r150" COLS="2" OPTS="L2,g1,t1,p1,7/8,i1"> <ROW> <ENT I="01">(b) Before a newly hired experienced miner begins work at the mine—</ENT> <ENT>You must provide the miner with training in the following subjects, which must also address site-specific hazards:<LI>(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;</LI> </ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(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;</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(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;</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(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;</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(5) Instruction on the statutory rights of miners and their representatives under the Act;</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(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</ENT> </ROW> <ROW RUL="s"> <ENT I="22"/> <ENT>(7) An introduction to your rules and procedures for reporting hazards.</ENT> </ROW> <ROW> <ENT I="01">(c) No later than 60 calendar days after a newly hired experienced miner begins work at the mine—</ENT> <ENT>You must provide the miner with an instruction and demonstration on the use, care, and maintenance of self-rescue and respiratory devices, if used at the mine.</ENT> </ROW> </GPOTABLE> <P>(d) Practice under the close observation of a competent person may be used to fulfill the requirement for training on the health and safety aspects of an assigned task in paragraph (b)(4) of this section, if hazard recognition training specific to the assigned task is given before the miner performs the task.<PRTPAGE P="215"/> </P> <P>(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.</P> <P>(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 § 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.</P> <CITA>[64 FR 53130, Sept. 30, 1999, as amended at 67 FR 42382, June 21, 2002]</CITA> </SECTION> <SECTION> <SECTNO>§ 46.7</SECTNO> <SUBJECT>New task training.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(e) Training provided under this section may be credited toward new miner training, as appropriate.</P> <CITA>[64 FR 53130, Sept. 30, 1999, as amended at 67 FR 42382, June 21, 2002]</CITA> </SECTION> <SECTION> <SECTNO>§ 46.8</SECTNO> <SUBJECT>Annual refresher training.</SUBJECT> <P>(a) You must provide each miner with no less than 8 hours of annual refresher training—</P> <P>(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</P> <P>(2) Thereafter, no later than 12 months after the previous annual refresher training was completed.</P> <P>(b) The refresher training must include instruction on changes at the mine that could adversely affect the miner's health or safety.</P> <P>(c) Refresher training must also address other health and safety subjects that are relevant to mining operations at the mine. Recommended subjects include, but are not limited to: applicable health and safety requirements, including mandatory health and safety standards; information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program; transportation controls and communication systems; escape and emergency evacuation plans, firewarning and firefighting; ground conditions and control; traffic patterns and control; working in areas of highwalls; water hazards, pits, and spoil banks; illumination and night work; first aid; electrical hazards; prevention of accidents; health; explosives; and respiratory devices. Training is also recommended on the hazards associated with the equipment that has accounted for the most fatalities and serious injuries at the mines covered by this rule, including: mobile equipment (haulage and service <PRTPAGE P="216"/>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).</P> <CITA>[64 FR 53130, Sept. 30, 1999, as amended at 67 FR 42382, June 21, 2002]</CITA> </SECTION> <SECTION> <SECTNO>§ 46.9</SECTNO> <SUBJECT>Records of training.</SUBJECT> <P>(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.</P> <P>(b) The form must include:</P> <P>(1) The printed full name of the person trained;</P> <P>(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:</P> <P>(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).</P> <P>(4) The statement, “False certification is punishable under § 110(a) and (f) of the Federal Mine Safety and Health Act,” printed in bold letters and in a conspicuous manner; and</P> <P>(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.”</P> <P>(c) You must make a record of training under paragraphs (b)(1) through (b)(4) of this section—</P> <P>(1) For new miner training under § 46.5, no later than—</P> <P>(i) when the miner begins work at the mine as required under § 46.5(b);</P> <P>(ii) 60 calendar days after the miner begins work at the mine as required under § 46.5(c); and</P> <P>(iii) 90 calendar days after the miner begins work at the mine as required under § 46.5(d), if applicable.</P> <P>(2) For newly hired experienced miner training under § 46.6, no later than—</P> <P>(i) when the miner begins work at the mine; and</P> <P>(ii) 60 calendar days after the miner begins work at the mine.</P> <P>(3) Upon completion of new task training under § 46.7;</P> <P>(4) After each session of annual refresher training under § 46.8; and</P> <P>(5) Upon completion by miners of site-specific hazard awareness training under § 46.11.</P> <P>(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—</P> <P>(1) Upon completion of the 24 hours of new miner training;</P> <P>(2) Upon completion of newly hired experienced miner training;</P> <P>(3) At least once every 12 months for new task training, or upon request by the miner, if applicable;</P> <P>(4) Upon completion of the 8 hours of annual refresher training; and</P> <P>(5) Upon completion by miners of site-specific hazard awareness training.</P> <P>(e) False certification that training was completed is punishable under § 110(a) and (f) of the Act.</P> <P>(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.</P> <P>(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.</P> <P>(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 § 46.8, which you must maintain for only two years. You must maintain copies of training certificates and training records for at least 60 calendar days after a miner terminates employment.<PRTPAGE P="217"/> </P> <P>(i) You are not required to make records under this section of site-specific hazard awareness training you provide under § 46.11 of this part to persons who are not miners under § 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.</P> </SECTION> <SECTION> <SECTNO>§ 46.10</SECTNO> <SUBJECT>Compensation for training.</SUBJECT> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 46.11</SECTNO> <SUBJECT>Site-specific hazard awareness training.</SUBJECT> <P>(a) You must provide site-specific hazard awareness training before any person specified under this section is exposed to mine hazards.</P> <P>(b) You must provide site-specific hazard awareness training, as appropriate, to any person who is not a miner as defined by § 46.2 of this part but is present at a mine site, including:</P> <P>(1) Office or staff personnel;</P> <P>(2) Scientific workers;</P> <P>(3) Delivery workers;</P> <P>(4) Customers, including commercial over-the-road truck drivers;</P> <P>(5) Construction workers or employees of independent contractors who are not miners under § 46.2 of this part;</P> <P>(6) Maintenance or service workers who do not work at the mine site for frequent or extended periods; and</P> <P>(7) Vendors or visitors.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 46.12</SECTNO> <SUBJECT>Responsibility for independent contractor training.</SUBJECT> <P>(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 § 46.11 of this part.</P> <P>(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.</P> <P>(b)(1) Each independent contractor who employs a miner, as defined in § 46.2, at the mine has primary responsibility for complying with §§ 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.</P> <P>(2) The independent contractor must inform the production-operator of any hazards of which the contractor is <PRTPAGE P="218"/>aware that may be created by the performance of the contractor's work at the mine.</P> </SECTION> </PART> <PART> <EAR>Pt. 47</EAR> <HD SOURCE="HED">PART 47—HAZARD COMMUNICATION (HazCom)</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—Purpose, Scope, Applicability, and Initial Miner Training</HD> <SECHD>Sec.</SECHD> <SECTNO>47.1</SECTNO> <SUBJECT>Purpose of a HazCom standard; applicability.</SUBJECT> <SECTNO>47.2</SECTNO> <SUBJECT>Operators and chemicals covered; initial miner training.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Definitions</HD> <SECTNO>47.11</SECTNO> <SUBJECT>Definitions of terms used in this part.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Hazard Determination</HD> <SECTNO>47.21</SECTNO> <SUBJECT>Identifying hazardous chemicals.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—HazCom Program</HD> <SECTNO>47.31</SECTNO> <SUBJECT>Requirement for a HazCom program.</SUBJECT> <SECTNO>47.32</SECTNO> <SUBJECT>HazCom program contents.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Container Labels and Other Forms of Warning</HD> <SECTNO>47.41</SECTNO> <SUBJECT>Requirement for container labels.</SUBJECT> <SECTNO>47.42</SECTNO> <SUBJECT>Label contents.</SUBJECT> <SECTNO>47.43</SECTNO> <SUBJECT>Label alternatives.</SUBJECT> <SECTNO>47.44</SECTNO> <SUBJECT>Temporary, portable containers.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Material Safety Data Sheets (MSDS)</HD> <SECTNO>47.51</SECTNO> <SUBJECT>Requirement for an MSDS.</SUBJECT> <SECTNO>47.52</SECTNO> <SUBJECT>MSDS contents.</SUBJECT> <SECTNO>47.53</SECTNO> <SUBJECT>Alternative for hazardous waste.</SUBJECT> <SECTNO>47.54</SECTNO> <SUBJECT>Availability of an MSDS.</SUBJECT> <SECTNO>47.55</SECTNO> <SUBJECT>Retaining an MSDS.</SUBJECT> </SUBPART> <SUBPART> <RESERVED>Subpart G [Reserved]</RESERVED> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Making HazCom Information Available</HD> <SECTNO>47.71</SECTNO> <SUBJECT>Access to HazCom materials.</SUBJECT> <SECTNO>47.72</SECTNO> <SUBJECT>Cost for copies.</SUBJECT> <SECTNO>47.73</SECTNO> <SUBJECT>Providing labels and MSDSs to customers.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Trade Secret Hazardous Chemical</HD> <SECTNO>47.81</SECTNO> <SUBJECT>Provisions for withholding trade secrets.</SUBJECT> <SECTNO>47.82</SECTNO> <SUBJECT>Disclosure of information to MSHA.</SUBJECT> <SECTNO>47.83</SECTNO> <SUBJECT>Disclosure in a medical emergency.</SUBJECT> <SECTNO>47.84</SECTNO> <SUBJECT>Non-emergency disclosure.</SUBJECT> <SECTNO>47.85</SECTNO> <SUBJECT>Confidentiality agreement and remedies.</SUBJECT> <SECTNO>47.86</SECTNO> <SUBJECT>Denial of a written request for disclosure.</SUBJECT> <SECTNO>47.87</SECTNO> <SUBJECT>Review of denial.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart J—Exemptions</HD> <SECTNO>47.91</SECTNO> <SUBJECT>Exemptions from the HazCom standard.</SUBJECT> <SECTNO>47.92</SECTNO> <SUBJECT>Exemptions from labeling.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>30 U.S.C. 811, 825.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>67 FR 42383, June 21, 2002, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—Purpose, Scope, Applicability, and Initial Miner Training</HD> <SECTION> <SECTNO>§ 47.1</SECTNO> <SUBJECT>Purpose of a HazCom standard; applicability.</SUBJECT> <P>The purpose of this part is to reduce injuries and illnesses by ensuring that each operator—</P> <P>(a) Identifies the chemicals at the mine,</P> <P>(b) Determines which chemicals are hazardous,</P> <P>(c) Establishes a HazCom program, and</P> <P>(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.</P> <P>(e) As of September 23, 2002, all mines employing six or more miners are required to comply with this part.</P> <P>(f) As of March 21, 2003, all mines employing five or fewer miners are required to comply with this part.</P> </SECTION> <SECTION> <SECTNO>§ 47.2</SECTNO> <SUBJECT>Operators and chemicals covered; initial miner training.</SUBJECT> <P>(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.)</P> <P>(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 <PRTPAGE P="219"/>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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Definitions</HD> <SECTION> <SECTNO>§ 47.11</SECTNO> <SUBJECT>Definitions of terms used in this part.</SUBJECT> <P>The definitions in Table 47.11 apply in this part as follows:</P> <GPOTABLE CDEF="s55,r200" COLS="2" OPTS="L2"> <TTITLE>Table 47.11—Definitions</TTITLE> <BOXHD> <CHED H="1">Term</CHED> <CHED H="1">Definition for purposes of HazCom</CHED> </BOXHD> <ROW> <ENT I="01">Access</ENT> <ENT>The right to examine and copy records.</ENT> </ROW> <ROW> <ENT I="01">Article</ENT> <ENT>A manufactured item, other than a fluid or particle, that—</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(1) Is formed to a specific shape or design during manufacture, and</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(2) Has end-use functions dependent on its shape or design.</ENT> </ROW> <ROW> <ENT I="01">Chemical</ENT> <ENT>Any element, chemical compound, or mixture of these.</ENT> </ROW> <ROW> <ENT I="01">Chemical name</ENT> <ENT>(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</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(2) A name that will clearly identify the chemical for the purpose of conducting a hazard evaluation.</ENT> </ROW> <ROW> <ENT I="01">Common name</ENT> <ENT>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.</ENT> </ROW> <ROW> <ENT I="01">Consumer product</ENT> <ENT>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.</ENT> </ROW> <ROW> <ENT I="01">Container</ENT> <ENT>(1) Any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(2) The following are not considered to be containers for the purpose of compliance with this part:</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(i) Pipes or piping systems;</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(ii) Conveyors; and</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(iii) Engines, fuel tanks, or other operating systems or parts in a vehicle.</ENT> </ROW> <ROW> <ENT I="01">Cosmetics and drugs</ENT> <ENT>(1) Cosmetics are any article applied to the human body for cleansing, beautifying, promoting attractiveness, or altering appearance.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(2) Drugs are any article used to affect the structure or any function of the body of humans or other animals.</ENT> </ROW> <ROW> <ENT I="01">CPSC</ENT> <ENT>The U.S. Consumer Product Safety Commission.</ENT> </ROW> <ROW> <ENT I="01">Designated representative</ENT> <ENT>(1) Any individual or organization to whom a miner gives written authorization to exercise the miner's rights under this part, or</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(2) A representative of miners under part 40 of this chapter.</ENT> </ROW> <ROW> <ENT I="01">EPA</ENT> <ENT>The U.S. Environmental Protection Agency.</ENT> </ROW> <ROW> <ENT I="01">Exposed</ENT> <ENT>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).</ENT> </ROW> <ROW> <ENT I="01">Foreseeable emergency</ENT> <ENT>Any potential occurrence that could result in an uncontrolled release of a hazardous chemical into the mine.</ENT> </ROW> <ROW> <ENT I="01">Hazard warning</ENT> <ENT>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. (<E T="03">See</E> the definitions for <E T="03">physical hazard</E> and <E T="03">health hazard</E> for examples of the hazards that the warning must convey.)</ENT> </ROW> <ROW> <ENT I="01">Hazardous chemical</ENT> <ENT>Any chemical that can present a physical or health hazard.</ENT> </ROW> <ROW> <ENT I="01">Hazardous substance</ENT> <ENT>Regulated by CPSC under the Federal Hazardous Substances Act or EPA under the Comprehensive Environmental Response, Compensation, and Liability Act.</ENT> </ROW> <ROW> <ENT I="01">Hazardous waste</ENT> <ENT>Chemicals regulated by EPA under the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act.</ENT> </ROW> <ROW> <ENT I="01">Health hazard</ENT> <ENT>A chemical for which there is statistically significant evidence that it can cause acute or chronic health effects in exposed persons. <E T="03">Health hazard</E> includes chemicals which—</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(1) Cause cancer;</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(2) Damage the reproductive system or cause birth defects;</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(3) Are irritants, corrosives, or sensitizers;</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(4) Damage the liver;</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(5) Damage the kidneys;</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(6) Damage the nervous system;</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(7) Damage the blood or lymphatic systems;</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>(8) Damage the stomach or intestines;</ENT> </ROW> <ROW>