[Title 30 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 1999 Edition]
[From the U.S. Government Printing Office]


          30



          Mineral Resources



[[Page i]]

          Parts 1 to 199

                         Revised as of July 1, 1999

          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT

          AS OF JULY 1, 1999
          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration

          as a Special Edition of
          the Federal Register

[[Page ii]]

                                      




                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1999



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328

[[Page iii]]




                            Table of Contents



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

  Title 30:
          Chapter I--Mine Safety and Health Administration, 
          Department of Labor                                        3
  Finding Aids:
    Material Approved for Incorporation by Reference..........     655
    Table of CFR Titles and Chapters..........................     661
    Alphabetical List of Agencies Appearing in the CFR........     679
    Redesignation Tables......................................     689
    List of CFR Sections Affected.............................     707

[[Page iv]]


      


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

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

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

[[Page v]]



                               EXPLANATION

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 1999), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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

OMB CONTROL NUMBERS

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

[[Page vi]]

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

OBSOLETE PROVISIONS

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

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 523-4534.

CFR INDEXES AND TABULAR GUIDES

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

[[Page vii]]


REPUBLICATION OF MATERIAL

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

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408.

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call 202-512-1800, 
M-F, 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2233, 24 hours 
a day. For payment by check, write to the Superintendent of Documents, 
Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. For GPO 
Customer Service call 202-512-1803.

ELECTRONIC SERVICES

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

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

July 1, 1999.

[[Page ix]]



                               THIS TITLE

    Title 30--Mineral Resources is composed of three volumes. The parts 
in these volumes are arranged in the following order: Parts 1 to 199, 
parts 200 to 699, and part 700 to end. The contents of these volumes 
represent all current regulations codified under this title of the CFR 
as of July 1, 1999.

    Redesignation tables appear in the first and second volumes of title 
30.

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

[[Page x]]




[[Page 1]]



                       TITLE 30--MINERAL RESOURCES




                   (This book contains parts 1 to 199)

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



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

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

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

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

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

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

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

  Geological Survey: 30 CFR chapter II.

  Interstate Commerce Commission: 49 CFR chapter X.

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

[[Page 3]]



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




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

SUBCHAPTER A--OFFICIAL EMBLEM AND OMB CONTROL NUMBERS FOR RECORDKEEPING 
                              AND REPORTING
Part                                                                Page
1               Mine Safety and Health Administration; 
                    establishment and use of official emblem           7
3               OMB Control Numbers Under the Paperwork 
                    Reduction Act...........................           7
   SUBCHAPTER B--TESTING, EVALUATION, AND APPROVAL OF MINING PRODUCTS
5               Fees for testing, evaluation, and approval 
                    of mining products......................          10
7               Testing by applicant or third party.........          11
11

[Reserved]

15              Requirements for approval of explosives and 
                    sheathed explosive units................          79
18              Electric motor-driven mine equipment and 
                    accessories.............................          86
19              Electric cap lamps..........................         120
20              Electric mine lamps other than standard cap 
                    lamps...................................         125
22              Portable methane detectors..................         129
23              Telephones and signaling devices............         133
26              Lighting equipment for illuminating 
                    underground workings....................         137
27              Methane-monitoring systems..................         143
28              Fuses for use with direct current in 
                    providing short-circuit protection for 
                    trailing cables in coal mines...........         150
29              Portable coal dust/rock dust analyzers, and 
                    continuous duty, warning light, portable 
                    methane detectors for use in coal mines.         155
33              Dust collectors for use in connection with 
                    rock drilling in coal mines.............         167
35              Fire-resistant hydraulic fluids.............         173

[[Page 4]]

36              Approval requirements for permissible mobile 
                    diesel-powered transportation equipment.         180
                       SUBCHAPTERS C-F [RESERVED]
       SUBCHAPTER G--FILING AND OTHER ADMINISTRATIVE REQUIREMENTS
40              Representative of miners....................         193
41              Notification of legal identity..............         194
43              Procedures for processing hazardous 
                    conditions complaints...................         196
44              Rules of practice for petitions for 
                    modification of mandatory safety 
                    standards...............................         199
45              Independent contractors.....................         211
                  SUBCHAPTER H--EDUCATION AND TRAINING
47              National Mine Health and Safety Academy.....         213
48              Training and retraining of miners...........         214
49              Mine rescue teams...........................         232
                       SUBCHAPTERS I-L [RESERVED]
SUBCHAPTER M--ACCIDENTS, INJURIES, ILLNESSES, EMPLOYMENT, AND PRODUCTION 
                                IN MINES
50              Notification, investigation, reports and 
                    records of accidents, injuries, 
                    illnesses, employment, and coal 
                    production in mines.....................         238
         SUBCHAPTER N--METAL AND NONMETAL MINE SAFETY AND HEALTH
56              Safety and health standards--surface metal 
                    and nonmetal mines......................         248
57              Safety and health standards--underground 
                    metal and nonmetal mines................         306
58              Health standards for metal and nonmetal 
                    mines...................................         403
                SUBCHAPTER O--COAL MINE SAFETY AND HEALTH
70              Mandatory health standards--underground coal 
                    mines...................................         404
71              Mandatory health standards--surface coal 
                    mines and surface work areas of 
                    underground coal mines..................         417
72              Health standards for coal mines.............         431
74              Coal mine dust personal sampler units.......         432
75              Mandatory safety standards--underground coal 
                    mines...................................         436
77              Mandatory safety standards, surface coal 
                    mines and surface work areas of 
                    underground coal mines..................         579

[[Page 5]]

90              Mandatory health standards--coal miners who 
                    have evidence of the development of 
                    pneumoconiosis..........................         636
SUBCHAPTER P--CIVIL PENALTIES FOR VIOLATIONS OF THE FEDERAL MINE SAFETY 
                         AND HEALTH ACT OF 1977
100             Criteria and procedures for proposed 
                    assessment of civil penalties...........         645
101-103

[Reserved]

                   SUBCHAPTER Q--PATTERN OF VIOLATIONS
104             Pattern of Violations.......................         651
105-199

[Reserved]

[[Page 7]]



SUBCHAPTER A--OFFICIAL EMBLEM AND OMB CONTROL NUMBERS FOR RECORDKEEPING 
                              AND REPORTING





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




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

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

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



Sec. 1.1  Official emblem.

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


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



Sec. 1.2  Description.

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

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



Sec. 1.3  Use of letters and acronym MSHA.

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

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



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




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



Sec. 3.1  OMB control numbers.

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

                      Table 1--OMB Control Numbers
------------------------------------------------------------------------
                                                             OMB control
                      30 CFR citation                            No.
------------------------------------------------------------------------
Subchapter B--Testing, Evaluation, and Approval of Mining
 Products
 
7.3........................................................    1219-0100
7.4 (a)....................................................    1219-0100
7.6 (c)....................................................    1219-0100
7.7 (d)....................................................    1219-0100

[[Page 8]]

 
7.23.......................................................    1219-0100
7.27.......................................................    1219-0100
7.28.......................................................    1219-0100
7.43.......................................................    1219-0100
7.46.......................................................    1219-0100
7.47.......................................................    1219-0100
7.48.......................................................    1219-0100
7.51.......................................................    1219-0100
7.63.......................................................    1219-0100
7.66.......................................................    1219-0100
7.67.......................................................    1219-0100
7.68.......................................................    1219-0100
7.71.......................................................    1219-0100
7.83.......................................................    1219-0119
7.90.......................................................    1219-0119
7.97.......................................................    1219-0119
7.105......................................................    1219-0119
7.303......................................................    1219-0115
7.306......................................................    1219-0115
7.307......................................................    1219-0115
7.308......................................................    1219-0115
7.309......................................................    1219-0115
7.311......................................................    1219-0115
7.403......................................................    1219-0117
7.407......................................................    1219-0117
7.408......................................................    1219-0117
15.4.......................................................    1219-0066
15.7.......................................................    1219-0066
15.8.......................................................    1219-0066
18.6.......................................................    1219-0066
18.15......................................................    1219-0066
18.81......................................................    1219-0066
18.82......................................................    1219-0066
18.93......................................................    1219-0066
18.94......................................................    1219-0066
19.3.......................................................    1219-0066
19.13......................................................    1219-0066
20.3.......................................................    1219-0066
20.14 (a)..................................................    1219-0066
21.4.......................................................    1219-0066
21.10 (a)..................................................    1219-0066
22.4.......................................................    1219-0066
22.11......................................................    1219-0066
23.3.......................................................    1219-0066
23.14......................................................    1219-0066
26.8 (a), (b)..............................................    1219-0066
27.4.......................................................    1219-0066
27.6.......................................................    1219-0066
27.11 (a)..................................................    1219-0066
28.10......................................................    1219-0066
28.25......................................................    1219-0066
28.30......................................................    1219-0066
28.31......................................................    1219-0066
29.10......................................................    1219-0066
29.12......................................................    1219-0066
29.33......................................................    1219-0066
29.35......................................................    1219-0066
29.40......................................................    1219-0066
29.41......................................................    1219-0066
29.43 (a)..................................................    1219-0066
29.54 (a), (b).............................................    1219-0066
29.56......................................................    1219-0066
32.3.......................................................    1219-0066
32.8 (a)...................................................    1219-0066
33.6.......................................................    1219-0066
33.12......................................................    1219-0066
35.6.......................................................    1219-0066
35.12......................................................    1219-0066
36.6.......................................................    1219-0066
36.12......................................................    1219-0066
 
Subchapter G--Filing and Other Administrative Requirements
 
40.3.......................................................    1219-0042
40.5.......................................................    1219-0042
41.20......................................................    1219-0008
43.4.......................................................    1219-0014
43.7.......................................................    1219-0014
44.10......................................................    1219-0065
44.11......................................................    1219-0065
45.3.......................................................    1219-0043
45.4.......................................................    1219-0040
48.3.......................................................    1219-0009
48.9 (a), (c)..............................................    1219-0070
48.23......................................................    1219-0009
48.29 (a), (c).............................................    1219-0070
49.3.......................................................    1219-0078
49.4 (b), (d), (e).........................................    1219-0078
49.6 (b)...................................................    1219-0093
49.8.......................................................    1219-0077
 
Subchapter M--Accidents, Injuries, Illnesses, Employment,
 and Production in Mines
 
50.20......................................................    1219-0007
50.30......................................................    1219-0006
 
Subchapter N--Metal and Nonmetal Mine Safety and Health
 
56.1000....................................................    1219-0092
56.5005....................................................    1219-0048
56.14100 (d)...............................................    1219-0089
56.19022...................................................    1219-0034
56.19023...................................................    1219-0034
56.19121...................................................    1219-0034
57.1000....................................................    1219-0092
57.3461....................................................    1219-0097
57.5005....................................................    1219-0048
57.5037....................................................    1219-0003
57.5040....................................................    1219-0003
57.5047 (a), (c)...........................................    1219-0039
57.8520....................................................    1219-0016
57.8525....................................................    1219-0012
57.11053...................................................    1219-0046
57.14100...................................................    1219-0089
57.19022...................................................    1219-0034
57.19023...................................................    1219-0034
57.19121...................................................    1219-0034
57.22004 (c)...............................................    1219-0103
57.22204...................................................    1219-0030
57.22230...................................................    1219-0103
57.22239...................................................    1219-0103
57.22401...................................................    1219-0096
57.22606...................................................    1219-0095
 
Subchapter O--Coal Mine Safety and Health
 
70.209.....................................................    1219-0011
70.504-1...................................................    1219-0001
70.506.....................................................    1219-0037
70.507.....................................................    1219-0037
70.508.....................................................    1219-0037
70.509.....................................................    1219-0037
70.510 (b).................................................    1219-0017
71.209.....................................................    1219-0011
71.403.....................................................    1219-0024
71.404.....................................................    1219-0024
71.500.....................................................    1219-0101
71.801.....................................................    1219-0001
                                                               1219-0037
71.802.....................................................    1219-0037
71.803.....................................................    1219-0037
71.804.....................................................    1219-0037

[[Page 9]]

 
71.805.....................................................    1219-0017
75.100.....................................................    1219-0069
75.153 (c).................................................    1219-0001
75.155 (c).................................................    1219-0069
75.159.....................................................    1219-0049
75.220.....................................................    1219-0004
75.221.....................................................    1219-0004
75.223.....................................................    1219-0004
75.312.....................................................    1219-0088
75.351 (h).................................................    1219-0088
75.360.....................................................    1219-0088
75.361.....................................................    1219-0088
75.362.....................................................    1219-0088
75.363.....................................................    1219-0119
75.364.....................................................    1219-0088
75.371(r), (kk), (ll), (mm), (nn), (oo), and (pp)..........    1219-0119
75.370.....................................................    1219-0088
75.512.....................................................    1219-0067
75.703-3...................................................    1219-0067
75.800-4...................................................    1219-0067
75.812.....................................................    1219-0067
75.900-4...................................................    1219-0067
75.1001-1..................................................    1219-0067
75.1003-2..................................................    1219-0067
75.1101-23.................................................    1219-0054
75.1204....................................................    1219-0073
75.1204-1..................................................    1219-0073
75.1321....................................................    1219-0025
75.1400-2..................................................    1219-0034
75.1400-4..................................................    1219-0034
75.1432....................................................    1219-0034
75.1433....................................................    1219-0034
75.1702....................................................    1219-0041
75.1712-4..................................................    1219-0024
75.1712-5..................................................    1219-0024
75.1712-6..................................................    1219-0101
75.1713-3..................................................    1219-0085
75.1714-3..................................................    1219-0044
75.1716....................................................    1219-0020
75.1716-1..................................................    1219-0020
75.1716-3..................................................    1219-0020
75.1901(a).................................................    1219-0119
75.1904(b)(4)..............................................    1219-0119
75.1911(i) and (j).........................................    1219-0119
75.1912((h) and (i)........................................    1219-0119
75.1914((f), (g)(5) and (h)................................    1219-0119
75.1915(b)(5) and (c)......................................    1219-0119
77.100.....................................................    1219-0069
77.103 (c).................................................    1219-0001
77.105 (b).................................................    1219-0069
77.106.....................................................    1219-0049
77.215.....................................................    1219-0015
77.215-2...................................................    1219-0015
77.215-3...................................................    1219-0015
77.215-4...................................................    1219-0015
77.216.....................................................    1219-0015
77.216-2...................................................    1219-0015
77.216-3...................................................    1219-0015
77.216-4...................................................    1219-0015
77.216-5...................................................    1219-0015
77.502.....................................................    1219-0067
77.800-2...................................................    1219-0067
77.900-2...................................................    1219-0067
77.1000....................................................    1219-0026
77.1000-1..................................................    1219-0026
77.1101....................................................    1219-0051
77.1404....................................................    1219-0034
77.1432....................................................    1219-0034
77.1433....................................................    1219-0034
77.1703....................................................    1219-0085
77.1713....................................................    1219-0083
77.1900....................................................    1219-0019
77.1901....................................................    1219-0082
77.1906....................................................    1219-0034
77.1909-1..................................................    1219-0025
90.209.....................................................    1219-0011
------------------------------------------------------------------------


[60 FR 33719, June 29, 1995, as amended at 62 FR 13991, Mar. 25, 1997]

[[Page 10]]



   SUBCHAPTER B--TESTING, EVALUATION, AND APPROVAL OF MINING PRODUCTS





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




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

    Authority: 30 U.S.C. 957.

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



Sec. 5.10  Purpose and scope.

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



Sec. 5.20  Effective date.

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



Sec. 5.30  Fee calculation.

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

[[Page 11]]

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



Sec. 5.40  Fee administration.

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



Sec. 5.50  Fee revisions.

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



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




                           Subpart A--General

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

            Subpart B--Brattice Cloth and Ventilation Tubing

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

                      Subpart C--Battery Assemblies

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

                 Subpart D--Multiple-Shot Blasting Units

7.61  Purpose and effective date.
7.62  Definitions.
7.63  Application requirements.
7.64  Technical requirements.
7.65  Critical characteristics.
7.66  Output energy test.
7.67  Construction test.
7.68  Firing line terminals test.

[[Page 12]]

7.69  Approval marking.
7.70  Post-approval product audit.
7.71  Approval checklist.
7.72  New technology.

  Subpart E--Diesel Engines Intended for Use in Underground Coal Mines

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

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

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

                  Subpart J--Electric Motor Assemblies

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

Appendix I to Subpart J of Part 7

   Subpart K--Electric Cables, Signaling Cables, and Cable Splice Kits

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

    Authority: 30 U.S.C. 957.

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



                           Subpart A--General



Sec. 7.1  Purpose and scope.

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



Sec. 7.2  Definitions.

    The following definitions apply in this part.
    Applicant. An individual or organization that manufactures or 
controls the assembly of a product and that applies to MSHA for approval 
of that product.
    Approval. A document issued by MSHA which states that a product has 
met the requirements of this part and which authorizes an approval 
marking identifying the product as approved.
    Authorized company official. An individual designated by applicant 
who has the authority to bind the company.
    Critical characteristic. A feature of a product that, if not 
manufactured as approved, could have a direct adverse effect on safety 
and for which testing or inspection is required prior to shipment to 
ensure conformity with the technical requirements under which the 
approval was issued.
    Extention of approval. A document issued by MSHA which states that 
the change to a product previously approved by MSHA under this part 
meets the requirements of this part and which authorizes the continued 
use of

[[Page 13]]

the approval marking after the appropriate extension number has been 
added.
    Post-approval product audit. Examination, testing, or both, by MSHA 
of approved products selected by MSHA to determine whether those 
products meet the applicable technical requirements and have been 
manufactured as approved.
    Technical requirements. The design and performance requirements for 
a product, as specified in a subpart of this part.
    Test procedures. The methods specified in a subpart of this part 
used to determine whether a product meet the performance portion of the 
technical requirements.

[53 FR 23500, June 22, 1988; 53 FR 25569, July 7, 1988]



Sec. 7.3  Application procedures and requirements.

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

[[Page 14]]

    (2) After completion of the required product testing, the applicant 
shall certify that the product has been tested and meets the performance 
portion of the technical requirements, as specified in the appropriate 
subpart.
    (3) All certification statements shall be signed by an authorized 
company official.

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



Sec. 7.4  Product testing.

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

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



Sec. 7.5  Issuance of approval.

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



Sec. 7.6  Approval marking and distribution record.

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

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



Sec. 7.7  Quality assurance.

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

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



Sec. 7.8  Post-approval product audit.

    (a) Approved products shall be subject to periodic audits by MSHA 
for the purpose of determining conformity with the technical 
requirements upon which the approval was based. Any approved product 
which is to be audited

[[Page 15]]

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



Sec. 7.9  Revocation.

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



            Subpart B--Brattice Cloth and Ventilation Tubing



Sec. 7.21  Purpose and effective date.

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



Sec. 7.22  Definitions.

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



Sec. 7.23  Application requirements.

    (a) Brattice cloth. A single application may address two or more 
products if the products differ only in: weight of the finished product; 
weight or weave of the same fabric or scrim; or thickness or layers of 
the same film. Applications shall include the following information:
    (1) Trade name.
    (2) Product designations (for example, style and code number).
    (3) Color.
    (4) Type of brattice (for example, plastic or jute).
    (5) Weight of finished product.
    (6) Film: type, weight, thickness, supplier, supplier's stock number 
or designation, and percent of finished product by weight.
    (7) Scrim: Type, denier, weight, weave, the supplier, supplier's 
stock number or designation, and percent of finished product by weight.
    (8) Adhesive: type, supplier, supplier's stock number or 
designation, and percent of finished product by weight.
    (b) Flexible ventilation tubing. Applications shall include the 
product description information in paragraph (a) of this section and 
list the type of supporting structure, if applicable; inside diameters; 
and configurations.
    (c) Rigid ventilation tubing. A single application may address two 
or more products if the products differ only in diameters, lengths, 
configuration, or average wall thickness. Applications

[[Page 16]]

shall include the following information:
    (1) Trade name.
    (2) Product designations (for example, style and code numbers).
    (3) Color.
    (4) Type of ventilation tubing (for example, fiberglass, plastic, or 
polyethylene).
    (5) Inside diameter, configuration, and average wall thickness.
    (6) Suspension system (for example, metal hooks).
    (7) Base material: type, supplier, the supplier's stock number, and 
percent of finished product by weight.
    (8) Resin: type, supplier, the supplier's stock number, and percent 
of finished product by weight.
    (9) Flame retardant, if added during manufacturing: type, supplier, 
the supplier's stock number, and percent of finished product by weight.

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



Sec. 7.24  Technical requirements.

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



Sec. 7.25  Critical characteristics.

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



Sec. 7.26  Flame test apparatus.

    The principal parts of the apparatus used to test for flame-
resistance of brattice cloth and ventilation tubing shall be constructed 
as follows:
    (a) A 16-gauge stainless steel gallery lined on the top, bottom and 
both sides with \1/2\ inch thick Marinite or equivalent insulating 
material yielding inside dimensions approximately 58 inches long, 41 
inches high, and 30 inches wide;
    (b) Two \3/8\-inch diameter steel J hooks and a \9/16\-inch diameter 
steel rod to support the sample located approximately 2\3/16\-inches 
from the front and back ends of the test gallery, 1\1/2\-inches from the 
ceiling insulation and centrally located in the gallery along its 
length. Samples shall be suspended to preclude folds or wrinkles;
    (c) A tapered 16-gauge stainless steel duct section tapering from a 
cross sectional area measuring 2 feet 7 inches wide by 3 feet 6 inches 
high at the test gallery to a cross-sectional area 1 foot 6 inches 
square over a length of 3 feet. The tapered duct section must be tightly 
connected to the test gallery;
    (d) A 16-gauge stainless steel fan housing, consisting of a 1 foot 6 
inches square section 6 inches long followed by a 10 inch long section 
which tapers from 1 foot 16 inches square to 12 inches diameter round 
and concluding with a 12 inch diameter round collar 3 inches long. A 
variable speed fan capable of producing an air velocity of 125 ft./min. 
in the test gallery must be secured in the fan housing. The fan housing 
must be tightly connected to the tapered duct section;
    (e) A methane-fueled impinged jet burner igniting source, measuring 
12 inches long from the threaded ends of the first and last jets and 4 
inches wide with 12 impinged jets, approximately 1\3/8\-inches long and 
spaced alternately along the length of the burner tube. The burner jets 
must be canted so that they point toward each other in pairs and the 
flame from these pairs impinge upon each other.



Sec. 7.27  Test for flame resistance of brattice cloth.

    (a) Test procedures. (1) Prepare 6 samples of brattice cloth 40 
inches wide by 48 inches long.
    (2) Prior to testing, condition each sample for a minimum of 24 
hours at a temperature of 7010  deg. F (215.5 
deg. C) and a relative humidity of 5510%.
    (3) For each test, suspend the sample in the gallery by wrapping the 
brattice

[[Page 17]]

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

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



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

    (a) Test procedures. (1) Prepare 6 samples of ventilation tubing 48 
inches in length with all flared or thickened ends removed. Any sample 
with a cross-sectional dimension greater than 24 inches must be tested 
in a 24-inch size.
    (2) For each test, suspend the sample in the center of the gallery 
by running a wire through the 48-inch length of tubing.
    (3) Use a front exhaust system to remove smoke escaping from the 
gallery. The exhaust system must remain on during all testing but not 
affect the air flow in the gallery.
    (4) Set the methane-fueled impinged jet burner to yield a flame 
height of 12 inches as measured at the outermost tip of the flame.
    (5) Apply the burner to the front lower edge of the tubing so that 
two-thirds of the burner is under the tubing and the remaining third is 
exposed to allow the flames to curl onto the inside of the tubing. Keep 
the burner in contact with the material for 60 seconds. If melting 
material might clog the burner orifices, rotate the burner slightly 
during application of the flame.
    (6) Test 3 samples in still air and 3 samples with an average of 125 
ft./min. of air flowing past the sample.
    (7) Record the propagation length and duration of burning for each 
of the 6 samples. The duration of burn is the total burning time of the 
specimen during the flame test. This includes the burning time of any 
material that falls on the floor of the test gallery during the igniting 
period. However, the suspended specimen is considered burning only after 
the burner is removed. Should the burning time of a suspended specimen 
and a specimen on the floor coincide, count the coinciding burn time 
only once.
    (8) Calculate the average duration of burning for the first 3 
samples (still air) and the second 3 samples (125 ft./min. air flow).

[[Page 18]]

    (b) Acceptable performance. The ventilation tubing shall meet each 
of the following criteria:
    (1) Flame propagation of less than 4 feet in each of the 6 tests.
    (2) An average duration of burning of less than 1 minute in both 
groups of 3 tests.
    (3) A duration of burning not exceeding 2 minutes in each of the 6 
tests.

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



Sec. 7.29  Approval marking.

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



Sec. 7.30  Post-approval product audit.

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



Sec. 7.31  New technology.

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



                      Subpart C--Battery Assemblies



Sec. 7.41  Purpose and effective date.

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



Sec. 7.42  Definitions.

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



Sec. 7.43  Application requirements.

    (a) An application for approval of a battery assembly shall contain 
sufficient information to document compliance with the technical 
requirements of this subpart and include a composite drawing with the 
following information:
    (1) Overall dimensions of the battery assembly, including the 
minimum distance from the underside of the cover to the top of the 
terminals and caps.
    (2) Composition and thicknesses of the battery box and cover.
    (3) Provision for securing covers.
    (4) Documentation of flame-resistance of insulating materials and 
cables.
    (5) Number, type, and rating of the battery cells.
    (6) Diagram of battery connections between cells and between battery 
boxes, except when connections between battery boxes are a part of the 
machine's electrical system.
    (7) Total weight of the battery, charged and ready for service.
    (8) Documentation of materials and configurations for battery cells, 
intercell connectors, filler caps, and battery top:
    (i) If nonmetallic cover designs are used with cover support blocks; 
or
    (ii) If the cover comes into contact with any portion of the cells, 
caps, filler material, battery top, or intercell connectors during the 
impact test specified by Sec. 7.46.
    (b) All drawings shall be titled, dated, numbered, and include the 
latest revision number.

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

[[Page 19]]



Sec. 7.44  Technical requirements.

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

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

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

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

    (g) Battery boxes shall have drainage holes to prevent accumulation 
of water or electrolyte.
    (h) Battery cells shall be insulated from the battery box walls, 
partitions and bottom by insulating material, unless such part of the 
battery box is constructed of insulating material. Battery box wall 
insulating material shall extend to the top of the wall.
    (i) Cell terminals shall be burned on, except that bolted connectors 
using two or more bolts may be used on end terminals.
    (j) Battery connections shall be designed so that total battery 
potential is not available between adjacent cells.
    (k) Cables within a battery box shall be accepted by MSHA as flame 
resistant under part 18 of this chapter or approved under subpart K of 
this part. The cables shall be protected against abrasion by insulation, 
location, clamping, or other effective means.
    (l) When the battery plug and receptacle are not located on or 
within the battery box, strain on the battery terminals shall be 
prevented by a strain-relief device on the cable. Insulating material 
shall be placed between the strain-relief device and cable, unless the 
device is constructed of insulating material.
    (m) At least a \1/2\-inch air space shall be provided between the 
underside of the battery cover and the top of the battery, including the 
terminals and connectors.

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

[[Page 20]]



Sec. 7.45  Critical characteristics

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



Sec. 7.46  Impact test.

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

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



Sec. 7.47  Deflection temperature test.

    (a) Test procedures. (1) Prepare two samples for testing that 
measure 5 inches by \1/2\ inch, by the thickness of the material as it 
will be used. Prior to testing, condition the samples at 
73.4 3.6  deg.F (232  deg.C) and 
505% relative humidity for at least 40 hours.
    (2) Place a sample on supports which are 4 inches apart and immersed 
in a heat transfer medium at a test temperature range of 65  deg.F-80 
deg.F (18.3  deg.C -26.7  deg.C). The heat transfer medium must be a 
liquid which will not chemically affect the sample. The testing 
apparatus must be constructed so that expansion of any components during 
heating of the medium does not result in deflection of the sample.
    (3) Place a temperature measuring device with an accuracy of 1% into 
the heat transfer medium within \1/8\ inch of, but not touching, the 
sample.
    (4) Apply a total load, in pounds, numerically equivalent to 11 
times the thickness of the sample, in inches, to the sample midway 
between the supports using a \1/8\ inch radius, rounded contact. The 
total load includes that weight used to apply the load and any force 
exerted by the deflection measurement device.
    (5) Use a deflection measuring device with an accuracy of 
.001 inches to measure the deflection of the sample at the 
point of loading as the temperature of the medium is increased at a 
uniform rate of 3.6.36  deg.F/min. (20.2  deg.C/
min.). Apply the load to the sample for 5 minutes prior to heating, to 
allow compensation for creep in the sample due to the loading.
    (6) Record the deflection of the sample due to heating at 180  deg.F 
(82  deg.C).
    (7) Repeat steps 2 through 6 for the other sample.
    (b) Acceptable performance. Neither sample shall have a deflection 
greater than .010 inch at 180  deg.F (82  deg.C).

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

[[Page 21]]



Sec. 7.48  Acid resistance test.

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

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



Sec. 7.49  Approval marking.

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



Sec. 7.50  Post-approval product audit.

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



Sec. 7.51  Approval checklist.

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

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



Sec. 7.52  New technology.

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



                 Subpart D--Multiple-Shot Blasting Units

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



Sec. 7.61  Purpose and effective date.

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



Sec. 7.62  Definitions.

    The following definitions apply in this subpart:
    Blasting circuit. A circuit that includes one or more electric 
detonators connected in a single series and the firing cable used to 
connect the detonators to the blasting unit.
    Blasting unit. An electric device used to initiate electric 
detonators.
    Normal operation. Operation of the unit according to the 
manufacturer's instructions with fully-charged batteries, with electric 
components at any value within their specified tolerances, and with 
adjustable electric components set to any value within their range.



Sec. 7.63  Application requirements.

    (a) Each application for approval of a blasting unit shall include 
the following:
    (1) An overall assembly drawing showing the physical construction of 
the blasting unit.
    (2) A schematic diagram of the electric circuit.
    (3) A parts list specifying each electric component and its 
electrical ratings, including tolerances.
    (4) A layout drawing showing the location of each component and 
wiring.

[[Page 22]]

    (5) The model number or other manufacturer's designation of the 
blasting unit.
    (b) All drawings shall be titled, numbered, dated, and include the 
latest revision number. The drawings may be combined into one or more 
composite drawings.
    (c) The application shall contain a list of all the drawings 
submitted, including drawing titles, numbers, and revisions.
    (d) A detailed technical description of the operation and use of the 
blasting unit shall be submitted with the application.

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



Sec. 7.64  Technical requirements.

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

[[Page 23]]

[GRAPHIC] [TIFF OMITTED] TC22OC91.001


[[Page 24]]


[GRAPHIC] [TIFF OMITTED] TC22OC91.002


[[Page 25]]


[GRAPHIC] [TIFF OMITTED] TC22OC91.003

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

[[Page 26]]

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



Sec. 7.65  Critical characteristics.

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



Sec. 7.66  Output energy test.

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



Sec. 7.67  Construction test.

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

[[Page 27]]

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



Sec. 7.68  Firing line terminals test.

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



Sec. 7.69  Approval marking.

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



Sec. 7.70  Post-approval product audit.

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



Sec. 7.71  Approval checklist.

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

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



Sec. 7.72  New technology.

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



  Subpart E--Diesel Engines Intended for Use in Underground Coal Mines

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



Sec. 7.81  Purpose and effective date.

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



Sec. 7.82  Definitions.

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

[[Page 28]]

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



Sec. 7.83  Application requirements.

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

[[Page 29]]

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



Sec. 7.84  Technical requirements.

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

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


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



Sec. 7.85  Critical characteristics.

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



Sec. 7.86  Test equipment and specifications.

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

[[Page 30]]

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

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

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

[[Page 31]]

[GRAPHIC] [TIFF OMITTED] TR25OC96.000

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

[[Page 32]]

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

[[Page 33]]

[GRAPHIC] [TIFF OMITTED] TR25OC96.001

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

[[Page 34]]

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

[[Page 35]]

for the NOX NDIR analyzer shall be 5,000:1.
    (iv) The minimum CO2 rejection ratio (maximum 
CO2 interference) for the NOX NDIR analyzer shall 
be 30,000:1.
    (14) When CH4 is measured using a heated flame ionization 
detector (HFID) the following shall apply:
    (i) The analyzer shall be equipped with a constant temperature oven 
that houses the detector and sample-handling components.
    (ii) The detector, oven, and sample-handling components shall be 
suitable for continuous operation at temperatures of 374  deg.F (190 
deg.C)  18  deg.F (10  deg.C).
    (iii) The analyzer fuel shall contain 40  2 percent 
hydrogen. The balance shall be helium. The mixture shall contain 
 1 part per million equivalent carbon (ppmC), and  
400 ppm CO.
    (iv) The burner air shall contain  2 ppmC hydrocarbon.
    (v) The percent of oxygen interference shall be less than 5 percent.
    (15) An NDIR analyzer for measuring CH4 may be used in 
place of the HFID specified in paragraph (b)(14) of this section and 
shall conform to the requirements of paragraph (b)(10) of this section. 
Methane measurements shall be made on a dry basis.
    (16) Calibration gas values shall be traceable to the National 
Institute for Standards and Testing (NIST), ``Standard Reference 
Materials'' (SRM's). The analytical accuracy of the calibration gas 
values shall be within 2.0 percent of NIST gas standards.
    (17) Span gas values shall be traceable to NIST SRM's. The 
analytical accuracy of the span gas values shall be within 2.0 percent 
of NIST gas standards.
    (18) Calibration or span gases for the CO and CO2 
analyzers shall have purified nitrogen as a diluent. Calibration or span 
gases for the CH4 analyzer shall be CH4 with 
purified synthetic air or purified nitrogen as diluent.
    (19) Calibration or span gases for the NOX analyzer shall 
be NO with a maximum NO2 concentration of 5 percent of the NO 
content. Purified nitrogen shall be the diluent.
    (20) Zero-grade gases for the CO, CO2, CH4 , 
and NOX analyzers shall be either purified synthetic air or 
purified nitrogen.
    (21) The allowable zero-grade gas (purified synthetic air or 
purified nitrogen) impurity concentrations shall not exceed  
1ppm C,  1 ppm CO,  400 ppm CO2, and 
 0.1 ppm NO.
    (22) The calibration and span gases may also be obtained by means of 
a gas divider. The accuracy of the mixing device must be such that the 
concentration of the diluted calibration gases are within 2 percent.
    (c) Particulate sampling system shall be used in determining the 
particulate index. A schematic of a full flow (single dilution) 
particulate sampling system for testing under this subpart is shown in 
Figures E-3 and E-4.
    (1) The dilution system shall meet the following parameters:
    (i) Either a positive displacement pump (PDP) or a critical flow 
venturi (CFV) shall be used as the pump/mass measurement device shown in 
Figure E-3.
    (ii) The total volume of the mixture of exhaust and dilution air 
shall be measured.
    (iii) All parts of the system from the exhaust pipe up to the filter 
holder, which are in contact with raw and diluted exhaust gas, shall be 
designed to minimize deposition or alteration of the particulate.
    (iv) All parts shall be made of electrically conductive materials 
that do not react with exhaust gas components.
    (v) All parts shall be electrically grounded to prevent 
electrostatic effects.
    (vi) Systems other than full flow systems may also be used provided 
they yield equivalent results where:
    (A) A seven sample pair (or larger) correlation study between the 
system under consideration and a full flow dilution system shall be run 
concurrently.
    (B) Correlation testing is to be performed at the same laboratory, 
test cell, and on the same engine.
    (C) The equivalency criterion is defined as a  5 percent 
agreement of the sample pair averages.
    (2) The mass of particulate in the exhaust shall be collected by 
filtration. The exhaust temperature immediately before the primary 
particulate filter shall not exceed 125  deg.F (52.0  deg.C).

[[Page 36]]

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

[[Page 37]]

[GRAPHIC] [TIFF OMITTED] TR25OC96.002


[[Page 38]]


[GRAPHIC] [TIFF OMITTED] TR25OC96.003

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

[[Page 39]]

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

[[Page 40]]

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



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

    (a) Test procedure. (1) Couple the diesel engine to the dynamometer 
and connect the sampling and measurement devices specified in Sec. 7.86.
    (2) Prior to testing, zero and span the CO and NOX 
analyzers to the lowest analyzer range that will be used during this 
test.
    (3) While running the engine, the following shall apply:
    (i) The parameter for the laboratory atmospheric factor, 
fa, shall be: 0.98fa1.02;
    (A) The equation is fa=(99/Ps) * 
((Ta+273)/298)0.7 for a naturally aspirated and 
mechanically supercharged engines; or
    (B) The equation is fa=(99/Ps)0.7* 
((Ta+273)/298) 1.5 for a turbocharged engine with 
or without cooling of the intake air.

    Where:
    Ps = dry atmospheric pressure (kPa)
    Ta = intake air temperature (  deg.C)
    (ii) The air inlet restriction shall be set within 10 
percent of the recommended maximum air inlet restriction as specified by 
the engine manufacturer at the engine operating condition giving maximum 
air flow to determine the concentration of CO as specified in paragraph 
(a)(6) of this section.
    (iii) The exhaust backpressure restriction shall be set within 
10 percent of the maximum exhaust backpressure as specified 
by the engine manufacturer at the engine operating condition giving 
maximum rated horsepower to determine the concentrations of CO and 
NOX as specified in paragraph (a)(6)of this section.

[[Page 41]]

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



Sec. 7.88  Test to determine the gaseous ventilation rate.

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

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

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

[[Page 42]]

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

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

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

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

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

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

Where:

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

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

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

Where:

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

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

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

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

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

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

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

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



Sec. 7.89  Test to determine the particulate index.

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

[[Page 43]]

    (i) At least 1 hour before the test, each filter (pair) shall be 
placed in a closed, but unsealed, petri dish and placed in a weighing 
chamber (room) for stabilization.
    (ii) At the end of the stabilization period, each filter (pair) 
shall be weighed. The reading is the tare weight.
    (iii) The filter (pair) shall then be stored in a closed petri dish 
or a filter holder, both of which shall remain in the weighing chamber 
(room) until needed for testing.
    (iv) The filter (pair) must be re-weighed if not used within 8 hours 
of its removal from the weighing chamber (room).
    (4) Run the engine.
    (i) The parameter for fa shall be calculated in 
accordance with Sec. 7.87(a)(3).
    (ii) The air inlet and exhaust backpressure restrictions on the 
engine shall be set as specified in Secs. 7.87(a)(3) (iii) and (iv).
    (iii) The dilution air shall be set to obtain a maximum filter face 
temperature of 125  deg.F (52  deg.C) or less at each test mode.
    (iv) The total dilution ratio shall not be less than 4.
    (5) The engine shall be at a steady state condition before starting 
the test modes.
    (i) The engine speed and torque shall be measured and recorded at 
each test mode.
    (ii) The data required for use in the particulate index calculation 
specified in paragraph (a)(9) of this section shall be measured and 
recorded at each test mode.
    (6) A 1.00.1 percent CH4, by volume shall be 
injected into the engine's intake air for category A engines.
    (7) Operate the engine at each rated speed and horsepower rating 
requested by the applicant according to Table E-3 to collect particulate 
on the primary filter.
    (i) One pair of single filters shall be collected or eight multiple 
filter pairs shall be collected.
    (ii) Particulate sampling shall be started after the engine has 
reached a steady-state condition.
    (iii) The sampling time required per mode shall be either a minimum 
of 20 seconds for the single filter method or a minimum of 60 seconds 
for the multiple filter method.
    (iv) The minimum particulate loading specified in Secs. 7.86(c)(18) 
(iii) or (iv) shall be done.

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

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

[[Page 44]]

    (iii) The particulate mass of each filter is its gross weight minus 
its tare weight.
    (iv) The particulate mass (PF for the single filter 
method; PF,i for the multiple filter method) is 
the sum of the particulate masses collected on the primary and back-up 
filters.
    (v) The test is void and must be rerun if the sample on the filter 
contacts the petri dish or any other surface.
    (9) The particulate index for the mass particulate shall be 
calculated from the equations listed below--
    (i) The following abbreviations shall be:

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

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

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

Where:

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

    (iii) When the multiple filter method is used, the following 
equations shall be used.
    (A) Mass of particulate emitted is calculated as follows:
    [GRAPHIC] [TIFF OMITTED] TR25OC96.004
    
    [GRAPHIC] [TIFF OMITTED] TR25OC96.005
    
    [GRAPHIC] [TIFF OMITTED] TR25OC96.006
    
    [GRAPHIC] [TIFF OMITTED] TR25OC96.007
    
Where:
[GRAPHIC] [TIFF OMITTED] TR25OC96.008


[[Page 45]]


[GRAPHIC] [TIFF OMITTED] TR25OC96.009

[GRAPHIC] [TIFF OMITTED] TR25OC96.010

[GRAPHIC] [TIFF OMITTED] TR25OC96.011

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

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



Sec. 7.90  Approval marking.

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



Sec. 7.91  Post-approval product audit.

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



Sec. 7.92  New technology.

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



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

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



Sec. 7.95  Purpose and effective date.

    Part 7, subpart A general provisions apply to subpart F. Subpart F 
establishes the specific requirements for MSHA approval of diesel power 
packages intended for use in approved equipment in areas of underground 
coal

[[Page 46]]

mines where electric equipment is required to be permissible. It is 
effective November 25, 1996.



Sec. 7.96  Definitions.

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



Sec. 7.97  Application requirements.

    (a) An application for approval of a diesel power package shall 
contain sufficient information to document compliance with the technical 
requirements of this subpart and include: drawings, specifications, and 
descriptions with dimensions (including tolerances) demonstrating 
compliance with the technical requirements of Sec. 7.98. The 
specifications and descriptions shall include the materials of 
construction and quantity. These shall include the following--
    (1) A general arrangement drawing showing the diesel power package 
and the location and identification of the intake system, exhaust 
system, safety shutdown system sensors, flame arresters, exhaust 
conditioner, emergency intake air shutoff device, automatic fuel shutoff 
device and the engine.
    (2) Diesel engine specifications including the MSHA approval number, 
the engine manufacturer, the engine model number, and the rated speed, 
rated horsepower, and fuel rate.
    (3) A drawing(s) which includes the fan blade material 
specifications, the location and identification of all water-cooled 
components, coolant

[[Page 47]]

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



Sec. 7.98  Technical requirements.

    (a) The diesel power package shall use a category A diesel engine 
approved under subpart E of this part with the following additional 
requirements:
    (1) A hydraulic, pneumatic, or other mechanically actuated starting 
mechanism. Other means of starting shall be evaluated in accordance with 
the provisions of Sec. 7.107.
    (2) If an air compressor is provided, the intake air line shall be 
connected to the engine intake system between the air cleaner and the 
flame arrester. If the air compressor's inlet air line is not connected 
to the engine's intake system, it shall have an integral air filter.

[[Page 48]]

    (b) The temperature of any external surface of the diesel power 
package shall not exceed 302  deg.F (150  deg.C).
    (1) Diesel power package designs using water jacketing to meet this 
requirement shall be tested in accordance with Sec. 7.101.
    (2) Diesel power packages using other techniques will be evaluated 
under the provisions of Sec. 7.107.
    (3) When using water-jacketed components, provisions shall be made 
for positive circulation of coolant, venting of the system to prevent 
the accumulation of air pockets, and effective activation of the safety 
shutdown system before the temperature of the coolant in the jackets 
exceeds the manufacturer's specifications or 212  deg.F (100  deg.C), 
whichever is lower.
    (c) External rotating parts shall not be constructed of aluminum 
alloys containing more than 0.6 percent magnesium.
    (d) If nonmetallic rotating parts are used, they shall be provided 
with a means to prevent an accumulation of static electricity. Static 
conducting materials shall have a total resistance of 1 megohm or less, 
measured with an applied potential of 500 volts or more. Static 
conducting materials having a total resistance greater than 1 megohm 
will be evaluated under the provisions of Sec. 7.107.
    (e) All V-belts shall be static conducting and have a resistance not 
exceeding 6 megohms, when measured with a direct current potential of 
500 volts or more.
    (f) The engine crankcase breather shall not be connected to the air 
intake system of the engine. The discharge from the breather shall be 
directed away from hot surfaces of the engine and exhaust system.
    (g) Electrical components on diesel power packages shall be 
certified or approved by MSHA under parts 7, 18, 20, and 27 of this 
chapter.
    (h) Electrical systems on diesel power packages consisting of 
electrical components, interconnecting wiring, and mechanical and 
electrical protection shall meet the requirements of parts 7, 18, and 27 
of this chapter, as applicable.
    (i) The diesel power package shall be equipped with a safety 
shutdown system which will automatically shut off the fuel supply and 
stop the engine in response to signals from sensors indicating--
    (1) The coolant temperature limit specified in paragraph (b) of this 
section;
    (2) The exhaust gas temperature limit specified in paragraph (s)(4) 
of this section;
    (3) The minimum allowable low water level, for a wet exhaust 
conditioner, as established by tests in Sec. 7.100. Restarting of the 
engine shall be prevented until the water level in the wet exhaust 
conditioner has been replenished above the minimum allowable low water 
level; and
    (4) The presence of other safety hazards such as high methane 
concentration, actuation of the fire suppression system, etc., if such 
sensors are included in the safety shutdown system.
    (j) The safety shutdown system shall have the following features:
    (1) A means to automatically disable the starting circuit and 
prevent engagement of the starting mechanism while the engine is 
running, or a starting mechanism constructed of nonsparking materials.
    (2) If the design of the safety shutdown system requires that the 
lack of engine oil pressure must be overridden to start the engine, the 
override shall not be capable of overriding any of the safety shutdown 
sensors specified in paragraph (i) of this section.
    (k) The diesel power package shall be explosion-proof as determined 
by the tests set out in Sec. 7.100.
    (l) Engine joints that directly or indirectly connect the combustion 
chamber to the surrounding atmosphere shall be explosion-proof in 
accordance with paragraphs (m) through (q) of this section and 
Sec. 7.100. This paragraph does not apply to the following:
    (1) Pistons to piston rings;
    (2) Pistons to cylinder walls;
    (3) Piston rings to cylinder walls;
    (4) Cylinder head to cylinder block;
    (5) Valve stem to valve guide; or
    (6) Injector body to cylinder head.
    (m) Each segment of the intake system and exhaust system required to 
provide explosion-proof features shall be constructed of metal and 
designed

[[Page 49]]

to withstand a minimum internal pressure equal to four times the maximum 
pressure observed in that segment in tests under Sec. 7.100 or a 
pressure of 150 psig, whichever is less. Castings shall be free from 
blowholes.
    (n) Welded joints forming the explosion-proof intake and exhaust 
systems shall be continuous and gas-tight. At a minimum, they shall be 
made in accordance with American Welding Society Standard D14.4-77 or 
meet the test requirements of Sec. 7.104 with the internal pressure 
equal to four times the maximum pressure observed in tests under 
Sec. 7.100 or a pressure of 150 psig, whichever is less.
    (o) Flexible connections shall be permitted in segments of the 
intake and exhaust systems required to provide explosion-proof features, 
provided that failure of the connection activates the safety shutdown 
system before the explosion-proof characteristics are lost.
    (p) Flame-arresting paths in the intake and exhaust systems shall be 
formed either by--
    (1) Flanged metal to metal joints meeting the requirements of 
paragraph (q) of this section; or
    (2) Metal flanges fitted with metal gaskets and meeting the 
following requirements:
    (i) Flat surfaces between bolt holes that form any part of a flame-
arresting path shall be planed to within a maximum deviation of one-half 
the maximum clearance specified in paragraph (q)(7) of this section. All 
metal surfaces forming a flame-arresting path shall be finished during 
the manufacturing process to not more than 250 microinches.
    (ii) A means shall be provided to ensure that fastenings maintain 
the tightness of joints. The means provided shall not lose its 
effectiveness through repeated assembly and disassembly.
    (iii) Fastenings shall be as uniform in size as practicable to 
preclude improper assembly.
    (iv) Holes for fastenings shall not penetrate to the interior of an 
intake or exhaust system and shall be threaded to ensure that all 
specified bolts or screws will not bottom even if the washers are 
omitted.
    (v) Fastenings used for joints of flame-arresting paths on intake or 
exhaust systems shall be used only for attaching parts that are 
essential in maintaining the explosion-proof integrity. They shall not 
be used for attaching brackets or other parts.
    (vi) The minimum thickness of material for flanges shall be \1/2\-
inch, except that a final thickness of \7/16\-inch is allowed after 
machining rolled plate.
    (vii) The maximum fastening spacing shall be 6 inches.
    (viii) The minimum diameter of fastenings shall be \3/8\-inch, 
except smaller diameter fastenings may be used if the joint first meets 
the requirements of the static pressure test in Sec. 7.104, and the 
explosion test in Sec. 7.100.
    (ix) The minimum thread engagement of fastenings shall be equal to 
or greater than the nominal diameter of the fastenings specified, or the 
intake or exhaust system must meet the test requirements of the 
explosion tests in Sec. 7.100 and the static pressure test in 
Sec. 7.104.
    (x) The minimum contact surface of gaskets forming flame-arresting 
paths shall be \3/8\-inch, and the thickness of the gaskets shall be no 
greater than \1/16\-inch. The minimum distance from the interior edge of 
a gasket to the edge of a fastening hole shall be \3/8\-inch. The 
gaskets shall be positively positioned, and a means shall be provided to 
preclude improper installation. When the joint is completely assembled, 
it shall be impossible to insert a 0.0015-inch thickness gauge to a 
depth exceeding \1/8\-inch between the gasket and mating flanges. Other 
gasket designs shall be evaluated in accordance with Sec. 7.107.
    (q) The following construction requirements shall apply to flame-
arresting paths formed without gaskets:
    (1) Flat surfaces between fastening holes that form any part of a 
flame-arresting path shall be planed to within a maximum deviation of 
one-half the maximum clearance specified in paragraph (q)(7) of this 
section. All metal surfaces forming a flame-arresting path shall be 
finished during the manufacturing process to not more than 250 
microinches. A thin film of nonhardening preparation to inhibit rusting 
may be applied to these finished metal surfaces, as long as the final 
surface

[[Page 50]]

can be readily wiped free of any foreign materials.
    (2) A means shall be provided to ensure that fastenings maintain the 
tightness of joints. The means provided shall not lose its effectiveness 
through repeated assembly and disassembly.
    (3) Fastenings shall be as uniform in size as practicable to 
preclude improper assembly.
    (4) Holes for fastenings shall not penetrate to the interior of an 
intake or exhaust system and shall be threaded to ensure that all 
specified bolts or screws will not bottom even if the washers are 
omitted.
    (5) Fastenings used for joints of flame-arresting paths on intake or 
exhaust systems shall be used only for attaching parts that are 
essential in maintaining the explosion-proof integrity. They shall not 
be used for attaching brackets or other parts.
    (6) The flame-arresting path of threaded joints shall conform to the 
requirements of paragraph (q)(7) of this section.
    (7) Intake and exhaust systems joints shall meet the specifications 
set out in Table F-1.

   Table F-1--Dimensional Requirements for Explosion-Proof Intake and
                          Exhaust System Joints
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Minimum thickness of material for flanges........  \1/2\"thnsp1
Minimum width of joint; all in one plane.........  1"
Maximum clearance; joint all in one plane........  0.004"
Minimum width of joint, portions of which are      \3/4\" 2
 different planes; cylinders or equivalent.
Maximum clearances; joint in two or more planes,
 cylinders or equivalent:
    Portion perpendicular to plane...............  0.008" 3
    Plane portion................................  0.006"
Maximum fastening 4 spacing; joints all in one     6"
 plane \5\.
Maximum fastening spacing; joints, portions of     8"
 which are in different planes.
Minimum diameter of fastening (without regard to   \3/8\"
 type of joint) \6\.
Minimum thread engagement of fastening \7\.......  \3/8\"
Maximum diametrical clearance between fastening    \1/16\"
 body and unthreaded holes through which it
 passes \8\ \9\ \10\.
Minimum distance from interior of the intake or
 exhaust system to the edge of a fastening hole:
 \11\
    Joint-minimum width 1".......................  \7/16\"\8\ \12\
Shafts centered by ball or roller bearings:
    Minimum length of flame-arresting path.......  1"
    Maximum diametrical clearance................  0.030"
Other cylindrical joints:
    Minimum length of flame-arresting path.......  1"
    Maximum diametrical clearance................  0.010"
------------------------------------------------------------------------
\1\ \1/16\-inch less is allowable for machining rolled plate.
\2\ If only two planes are involved, neither portion of a joint shall be
  less than \1/8\-inch wide, unless the wider portion conforms to the
  same requirements as those for a joint that is all in one plane. If
  more than two planes are involved (as in labyrinths or tongue-in-
  groove joints), the combined lengths of those portions having
  prescribed clearances are considered.
\3\ The allowable diametrical clearance is 0.008-inch when the portion
  perpendicular to the plane portion is \1/4\-inch or greater in length.
  If the perpendicular portion is more than \1/8\-inch but less than \1/
  4\-inch wide, the diametrical clearance shall not exceed 0.006-inch.
\4\ Studs, when provided, shall bottom in blind holes, be completely
  welded in place, or have the bottom of the hole closed with a plug
  secured by weld or braze. Fastenings shall be provided at all corners.
 
\5\ The requirements as to diametrical clearance around the fastening
  and minimum distance from the fastening hole to the inside of the
  intake or exhaust system apply to steel dowel pins. In addition, when
  such pins are used, the spacing between centers of the fastenings on
  either side of the pin shall not exceed 5 inches.
\6\ Fastening diameters smaller than specified may be used if the joint
  or assembly meets the test requirements of Sec.  7.104.
\7\ Minimum thread engagement shall be equal to or greater than the
  nominal diameter of the fastening specified, or the intake or exhaust
  system must meet the test requirements of Sec.  7.104.
\8\ The requirements as to diametrical clearance around the fastening
  and minimum distance from the fastening hole to the inside of the
  intake or exhaust system apply to steel dowel pins. In addition, when
  such pins are used, the spacing between centers of the fastenings on
  either side of the pin shall not exceed 5 inches.
\9\ This maximum clearance only applies when the fastening is located
  within the flame-arresting path.
\10\ Threaded holes for fastenings shall be machined to remove burrs or
  projections that affect planarity of a surface forming a flame-
  arresting path.
\11\ Edge of the fastening hole shall include any edge of any machining
  done to the fastening hole, such as chamfering.
\12\ If the diametrical clearance for fastenings does not exceed \1/32\-
  inch, then the minimum distance shall be \1/4\-inch.

    (r) Intake system. (1) The intake system shall include a device 
between the air cleaner and intake flame arrester, operable from the 
equipment operator's

[[Page 51]]

compartment, to shut off the air supply to the engine for emergency 
purposes. Upon activation, the device must operate immediately and the 
engine shall stop within 15 seconds.
    (2) The intake system shall include a flame arrester that will 
prevent an explosion within the system from propagating to a surrounding 
flammable mixture when tested in accordance with the explosion tests in 
Sec. 7.100. The flame arrester shall be located between the air cleaner 
and the intake manifold and shall be attached so that it can be removed 
for inspection or cleaning. The flame arrester shall be constructed of 
corrosion-resistant metal and meet the following requirements:
    (i) Two intake flame arrester designs, the spaced-plate type and the 
crimped ribbon type, will be tested in accordance with the requirements 
of Sec. 7.100. Variations to these designs or other intake flame 
arrester designs will be evaluated under the provisions of Sec. 7.107.
    (ii) In flame arresters of the spaced-plate type, the thickness of 
the plates shall be at least 0.125-inch; spacing between the plates 
shall not exceed 0.018-inch; and the flame-arresting path formed by the 
plates shall be at least 1 inch wide. The unsupported length of the 
plates shall be short enough that permanent deformation resulting from 
explosion tests shall not exceed 0.002-inch. The plates and flame 
arrester housing shall be an integral unit which cannot be disassembled.
    (iii) In flame arresters of the crimped ribbon type, the dimensions 
of the core openings shall be such that a plug gauge 0.018-inch in 
diameter shall not pass through, and the flame-arresting path core 
thickness shall be at least 1 inch. The core and flame arrester housing 
shall be an integral unit which cannot be disassembled.
    (3) The intake system shall be designed so that improper 
installation of the flame arrester is impossible.
    (4) The intake system shall include an air cleaner service 
indicator. The air cleaner shall be installed so that only filtered air 
will enter the flame arrester. The air cleaner shall be sized and the 
service indicator set in accordance with the engine manufacturer's 
recommendations. Unless the service indicator is explosion-proof, it 
shall be located between the air cleaner and flame arrester, and the 
service indicator setting shall be reduced to account for the additional 
restriction imposed by the flame arrester.
    (5) The intake system shall include a connection between the intake 
flame arrester and the engine head for temporary attachment of a device 
to indicate the total vacuum in the system. This opening shall be closed 
by a plug or other suitable device that is sealed or locked in place 
except when in use.
    (s) Exhaust system. (1) The exhaust system shall include a flame 
arrester that will prevent propagation of flame or discharge of glowing 
particles to a surrounding flammable mixture. The flame arrester shall 
be constructed of corrosion-resistant metal.
    (i) If a mechanical flame arrester is used, it shall be positioned 
so that only cooled exhaust gas at a maximum temperature of 302  deg.F 
(150  deg.C) will be discharged through it.
    (ii) If a mechanical flame arrester of the spaced-plate type is 
used, it must meet the requirements of paragraph (r)(2)(ii) of this 
section and the test requirements of Sec. 7.100. Variations to the 
spaced-plate flame arrester design and other mechanical flame arrester 
designs shall be evaluated under the provisions of Sec. 7.107. The flame 
arrester shall be designed and attached so that it can be removed for 
inspection and cleaning.
    (2) The exhaust system shall allow a wet exhaust conditioner to be 
used as the exhaust flame arrester provided that the explosion tests of 
Sec. 7.100 demonstrate that the wet exhaust conditioner will arrest 
flame. When used as a flame arrester, the wet exhaust conditioner shall 
be equipped with a sensor to automatically activate the safety shutdown 
system at or above the minimum allowable low water level established by 
Sec. 7.100. Restarting of the engine shall be prevented until the water 
supply in the wet exhaust conditioner has been replenished above the 
minimum allowable low water level. All parts of the wet exhaust 
conditioner and associated components that come in contact with 
contaminated exhaust conditioner water shall be constructed of 
corrosion-resistant material. The

[[Page 52]]

wet exhaust conditioner shall include a means for verifying that the 
safety shutdown system operates at the proper water level. A means shall 
be provided for draining and cleaning the wet exhaust conditioner. The 
final exhaust gas temperature at discharge from the wet exhaust 
conditioner shall not exceed 170  deg.F (76  deg.C) under test 
conditions specified in Sec. 7.102. A sensor shall be provided that 
activates the safety shutdown system before the exhaust gas temperature 
at discharge from the wet exhaust conditioner exceeds 185  deg.F (85 
deg.C) under test conditions specified in Sec. 7.103(a)(4).
    (3) The exhaust system shall be designed so that improper 
installation of the flame arrester is impossible.
    (4) The exhaust system shall provide a means to cool the exhaust gas 
and prevent discharge of glowing particles.
    (i) When a wet exhaust conditioner is used to cool the exhaust gas 
and prevent the discharge of glowing particles, the temperature of the 
exhaust gas at the discharge from the exhaust conditioner shall not 
exceed 170  deg.F (76  deg.C) when tested in accordance with the exhaust 
gas cooling efficiency test in Sec. 7.102. A sensor shall be provided 
that activates the safety shutdown system before the exhaust gas 
temperature at discharge from the wet exhaust conditioner exceeds 185 
deg.F (85  deg.C) when tested in accordance with the safety system 
controls test in Sec. 7.103. All parts of the wet exhaust conditioner 
and associated components that come in contact with contaminated exhaust 
conditioner water shall be constructed of corrosion-resistant material.
    (ii) When a dry exhaust conditioner is used to cool the exhaust gas, 
the temperature of the exhaust gas at discharge from the diesel power 
package shall not exceed 302  deg.F (150  deg.C) when tested in 
accordance with the exhaust gas cooling efficiency test of Sec. 7.102. A 
sensor shall be provided that activates the safety shutdown system 
before the exhaust gas exceeds 302  deg.F (150  deg.C) when tested in 
accordance with the safety system control test in Sec. 7.103. A means 
shall be provided to prevent the discharge of glowing particles, and it 
shall be evaluated under the provisions of Sec. 7.107.
    (5) Other means for cooling the exhaust gas and preventing the 
propagation of flame or discharge of glowing particles shall be 
evaluated under the provisions of Sec. 7.107.
    (6) There shall be a connection in the exhaust system for temporary 
attachment of a device to indicate the total backpressure in the system 
and collection of exhaust gas samples. This opening shall be closed by a 
plug or other suitable device that is sealed or locked in place except 
when in use.

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



Sec. 7.99  Critical characteristics.

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

[[Page 53]]

    (l) Proper interconnection of the safety shutdown system components 
and use of specified components.
    (m) All plugs and covers to ensure that they are tightly installed.
    (n) The inspections and tests described in the diesel power package 
checklist shall be performed and all requirements shall be met.



Sec. 7.100  Explosion tests.

    (a) Test procedures. (1) Prepare to test the diesel power package as 
follows:
    (i) Perform a detailed check of parts against the drawings and 
specifications submitted under Sec. 7.97 to determine that the parts and 
drawings agree.
    (ii) Remove all parts that do not contribute to the operation or 
ensure the explosion-proof integrity of the diesel power package such as 
the air cleaner and exhaust gas dilution system.
    (iii) Fill coolant system fluid and engine oil to the engine 
manufacturer's recommended levels.
    (iv) Interrupt fuel supply to the injector pump.
    (v) Establish a preliminary low water level for systems using the 
wet exhaust conditioner as a flame arrester.
    (2) Perform static and dynamic tests of the intake system as 
follows:
    (i) Install the diesel power package in an explosion test chamber 
which is large enough to contain the complete diesel power package. The 
chamber must be sufficiently darkened and provide viewing capabilities 
of the flame-arresting paths to allow observation during testing of any 
discharge of flame or ignition of the flammable mixture surrounding the 
diesel power package. Couple the diesel power package to an auxiliary 
drive mechanism. Attach a pressure measuring device, a temperature 
measuring device, and an ignition source to the intake system. The 
pressure measuring device shall be capable of indicating the peak 
pressure accurate to 1 pound-per-square inch gauge (psig) at 
100 psig static pressure and shall have a frequency response of 40 Hertz 
or greater. The ignition source shall be an electric spark with a 
minimum energy of 100 millijoules. The ignition source shall be located 
immediately adjacent to the intake manifold and the pressure and 
temperature devices shall be located immediately adjacent to the flame 
arrester.
    (ii) For systems using the wet exhaust conditioner as an exhaust 
flame arrester, fill the exhaust conditioner to the specified high or 
normal operating water level.
    (iii) Fill the test chamber with a mixture of natural gas and air or 
methane and air. If natural gas is used, the content of combustible 
hydrocarbons shall total at least 98.0 percent, by volume, with the 
remainder being inert. At least 80.0 percent, by volume, of the gas 
shall be methane. For all tests, the methane or natural gas 
concentration shall be 8.51.8 percent, by volume, and the 
oxygen concentration shall be no less than 18 percent, by volume.
    (iv) Using the auxiliary drive mechanism, motor the engine to fill 
the intake and exhaust systems with the flammable mixture. The intake 
system, exhaust system, and test chamber gas concentration shall not 
differ by more than 0.3 percent, by volume, at the time of 
ignition.
    (v) For static tests, stop the engine, actuate the ignition source, 
and observe the peak pressure. The peak pressure shall not exceed 110 
psig. If the peak pressure exceeds 110 psig, construction changes shall 
be made that result in a reduction of pressure to 110 psig or less, or 
the system shall be tested in accordance with the static pressure test 
of Sec. 7.104 with the pressure parameter replaced with a static 
pressure of twice the highest value recorded.
    (vi) If the peak pressure does not exceed 110 psig or if the system 
meets the static pressure test requirements of this section and there is 
no discharge of visible flames or glowing particles or ignition of the 
flammable mixture in the chamber, a total of 20 tests shall be conducted 
in accordance with the explosion test specified above.
    (vii) For dynamic tests, follow the same procedures for static 
tests, except actuate the ignition source while motoring the engine. 
Forty dynamic tests shall be conducted at two speeds, twenty at 
1800200 RPM and twenty at 1000200 RPM. Under 
some circumstances, during dynamic testing the flammable mixture may 
continue to burn within the diesel power package after ignition. This 
condition can

[[Page 54]]

be recognized by the presence of a rumbling noise and a rapid increase 
in temperature. This can cause the flame-arrester to reach temperatures 
which can ignite the surrounding flammable mixture. Ignition of the 
flammable mixture in the test chamber under these circumstances does not 
constitute failure of the flame arrester. However; if this condition is 
observed, the test operator should immediately stop the engine and allow 
components to cool to prevent damage to the components.
    (3) Perform static and dynamic tests of the exhaust system as 
follows:
    (i) Prepare the diesel power package for explosion tests according 
to Sec. 7.100(a)(2)(i) as follows:
    (A) Install the ignition source immediately adjacent to the exhaust 
manifold.
    (B) Install pressure measuring devices in each segment as follows: 
immediately adjacent to the exhaust conditioner inlet; in the exhaust 
conditioner; and immediately adjacent to the flame arrester, if 
applicable.
    (C) Install a temperature device immediately adjacent to the exhaust 
conditioner inlet.
    (ii) If the exhaust system is provided with a spaced-plate flame 
arrester in addition to an exhaust conditioner, explosion tests of the 
exhaust system shall be performed as described for the intake system in 
accordance with this section. Water shall not be present in a wet 
exhaust conditioner for the tests.
    (iii) If the wet exhaust conditioner is used as the exhaust flame 
arrester, explosion testing of this type of system shall be performed as 
described for the intake system in accordance with this section with the 
following modifications:
    (A) Twenty static tests, twenty dynamic tests at 1800  
200 RPM, and twenty dynamic tests at 1000200 RPM shall be 
conducted at 2 inches below the minimum allowable low water level. All 
entrances in the wet exhaust conditioner which do not form explosion-
proof joints shall be opened. These openings may include lines which 
connect the reserve water supply to the wet exhaust conditioner, insert 
flanges, float flanges, and cover plates. These entrances are opened 
during this test to verify that they are not flame paths.
    (B) Twenty static tests, twenty dynamic tests at 1800 
200 RPM, and twenty dynamic tests at 1000200 RPM shall be 
conducted at 2 inches below the minimum allowable low water level. All 
entrances in the wet exhaust conditioner (except the exhaust conditioner 
outlet) which do not form explosion-proof joints shall be closed. These 
openings are closed to simulate normal operation.
    (C) Twenty static tests, twenty dynamic tests at 1800200 
RPM, and twenty dynamic tests at 1000200 RPM shall be 
conducted at the specified high or normal operating water level. All 
entrances in the wet exhaust conditioner which do not form explosion-
proof joints shall be opened.
    (D) Twenty static tests, twenty dynamic tests at 1800200 
RPM, and twenty dynamic tests at 1000200 RPM shall be 
conducted at the specified high or normal operating water level. All 
entrances in the wet exhaust conditioner (except the exhaust conditioner 
outlet) which do not form explosion-proof joints shall be closed.
    (iv) After successful completion of the explosion tests of the 
exhaust system, the minimum allowable low water level, for a wet exhaust 
conditioner used as the exhaust flame arrester, shall be determined by 
adding two inches to the lowest water level that passed the explosion 
tests.
    (v) A determination shall be made of the maximum grade on which the 
wet exhaust conditioner can be operated retaining the flame-arresting 
characteristics.
    (b) Acceptable performance. The explosion tests shall not result in 
any of the following--
    (1) Discharge of flame or glowing particles.
    (2) Visible discharge of gas through gasketed joints.
    (3) Ignition of the flammable mixture in the test chamber.
    (4) Rupture of any part that affects the explosion-proof integrity.
    (5) Clearances, in excess of those specified in this subpart, along 
accessible flame-arresting paths, following any necessary retightening 
of fastenings.
    (6) Pressure exceeding 110 psig, unless the intake system or exhaust 
system

[[Page 55]]

has withstood a static pressure of twice the highest value recorded in 
the explosion tests of this section following the static pressure test 
procedures of Sec. 7.104.
    (7) Permanent distortion of any planar surface of the diesel power 
package exceeding 0.04-inches/linear foot.
    (8) Permanent deformation exceeding 0.002-inch between the plates of 
spaced-plate flame arrester designs.

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



Sec. 7.101  Surface temperature tests.

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



Sec. 7.102  Exhaust gas cooling efficiency test.

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



Sec. 7.103  Safety system control test.

    (a) Test procedures. (1) Prior to testing, perform the tasks 
specified in Sec. 7.101(a)(1) and install sufficient temperature 
measuring devices to measure the highest coolant temperature and exhaust 
gas temperature at discharge from the exhaust conditioner. The 
temperature measuring devices shall be accurate to 4  deg.F 
(2  deg.C).
    (2) Determine the effectiveness of the coolant system temperature 
shutdown sensors which will automatically activate the safety shutdown 
system and stop the engine before the coolant temperature in the cooling 
jackets exceeds manufacturer's specifications or 212  deg.F

[[Page 56]]

(100  deg.C), whichever is lower, by operating the engine and causing 
the coolant in the cooling jackets to exceed the specified temperature.
    (3) For systems using a dry exhaust gas conditioner, determine the 
effectiveness of the temperature sensor in the exhaust gas stream which 
will automatically activate the safety shutdown system and stop the 
engine before the cooled exhaust gas temperature exceeds 302  deg.F (150 
 deg.C), by operating the engine and causing the cooled exhaust gas to 
exceed the specified temperature.
    (4) For systems using a wet exhaust conditioner, determine the 
effectiveness of the temperature sensor in the exhaust gas stream which 
will automatically activate the safety shutdown system and stop the 
engine before the cooled exhaust gas temperature exceeds 185  deg.F (85 
deg.C), with the engine operating at a high idle speed condition. 
Temporarily disable the reserve water supply, if applicable, and any 
safety shutdown system control that might interfere with the evaluation 
of the operation of the exhaust gas temperature sensor. Prior to 
testing, set the water level in the wet exhaust conditioner to a level 
just above the minimum allowable low water level. Run the engine until 
the exhaust gas temperature sensor activates the safety shutdown system 
and stops the engine.
    (5) For systems using a wet exhaust conditioner as an exhaust flame 
arrester, determine the effectiveness of the low water sensor which will 
automatically activate the safety shutdown system and stop the engine at 
or above the minimum allowable low water level established from results 
of the explosion tests in Sec. 7.100 with the engine operating at a high 
idle speed condition. Temporarily disable the reserve water supply, if 
applicable, and any safety shutdown system control that might interfere 
with the evaluation of the operation of the low water sensor. Prior to 
testing, set the water level in the wet exhaust conditioner to a level 
just above the minimum allowable low water level. Run the engine until 
the low water sensor activates the safety shutdown system and stops the 
engine. Measure the low water level. Attempt to restart the engine.
    (6) Determine the effectiveness of the device in the intake system 
which is designed to shut off the air supply and stop the engine for 
emergency purposes with the engine operating at both a high idle speed 
condition and a low idle speed condition. Run the engine and activate 
the emergency intake air shutoff device.
    (7) Determine the total air inlet restriction of the complete intake 
system, including the air cleaner, as measured between the intake flame 
arrester and the engine head with the engine operating at maximum air 
flow.
    (8) Determine the total exhaust backpressure with the engine 
operating at rated horsepower as specified in Sec. 7.103(a)(7). If a wet 
exhaust conditioner is used, it must be filled to the high or normal 
operating water level during this test.
    (9) The starting mechanism shall be tested to ensure that engagement 
is not possible while the engine is running. Operate the engine and 
attempt to engage the starting mechanism.
    (10) Where the lack of engine oil pressure must be overridden in 
order to start the engine, test the override to ensure that it does not 
override any of the safety shutdown sensors specified in Sec. 7.98(i). 
After each safety shutdown sensor test specified in paragraphs (a)(2) 
through (a)(5) of this section, immediately override the engine oil 
pressure and attempt to restart the engine.
    (b) Acceptable performance. Tests of the safety system controls 
shall result in the following:
    (1) The coolant system temperature shutdown sensor shall 
automatically activate the safety shutdown system and stop the engine 
before the water temperature in the cooling jackets exceeds 
manufacturer's specifications or 212  deg.F (100  deg.C), whichever is 
lower.
    (2) The temperature sensor in the exhaust gas stream of a system 
using a dry exhaust conditioner shall automatically activate the safety 
shutdown system and stop the engine before the cooled exhaust gas 
exceeds 302  deg.F (150  deg.C).
    (3) The temperature sensor in the exhaust gas stream of a system 
using a wet exhaust conditioner shall automatically activate the safety 
shutdown system and stop the engine before the

[[Page 57]]

cooled exhaust gas exceeds 185  deg.F (85  deg.C).
    (4) The low water sensor for systems using a wet exhaust conditioner 
shall automatically activate the safety shutdown system and stop the 
engine at or above the minimum allowable low water level and prevent 
restarting of the engine.
    (5) The emergency intake air shutoff device shall operate 
immediately when activated and stop the engine within 15 seconds.
    (6) The total intake air inlet restriction and the total exhaust 
backpressure shall not exceed the engine manufacturer's specifications.
    (7) It shall not be possible to engage the starting mechanism while 
the engine is running, unless the starting mechanism is constructed of 
nonsparking material.
    (8) The engine oil pressure override shall not override any of the 
shutdown sensors.



Sec. 7.104  Internal static pressure test.

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



Sec. 7.105  Approval marking.

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



Sec. 7.106  Post-approval product audit.

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



Sec. 7.107  New technology.

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



Sec. 7.108  Power package checklist.

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

[[Page 58]]



                  Subpart J--Electric Motor Assemblies

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



Sec. 7.301  Purpose and effective date.

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



Sec. 7.302  Definitions.

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



Sec. 7.303  Application requirements.

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



Sec. 7.304  Technical requirements.

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

[[Page 59]]



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

    (d) Parts whose dimensions can change with the motor operation, such 
as ball and roller bearings and oil seals, shall not be used as flame-
arresting paths.
    (e) The widths of any grooves, such as grooves for holding oil seals 
or o-rings, shall be deducted in measuring the widths of flame-arresting 
paths.
    (f) An outer bearing cap shall not be considered as forming any part 
of a flame-arresting path unless the cap is used as a bearing cartridge.
    (g) Requirements for explosion-proof enclosures of motor assemblies.
    (1) Enclosures shall be--
    (i) Constructed of metal;
    (ii) Designed to withstand a minimum internal pressure of 150 pounds 
per square inch (gauge);
    (iii) Free from blowholes when cast; and
    (iv) Explosion proof as determined by the tests set out in 
Sec. 7.306 of this part.
    (2) Welded joints forming an enclosure shall be--
    (i) Continuous and gas-tight; and
    (ii) Made in accordance with or exceed the American Welding Society 
Standard AWS D14.4-77, ``Classification and Application of Welded Joints 
for Machinery and Equipment,'' or meet the test requirements set out in 
Sec. 7.307 of this part. AWS D14.4-77 is incorporated by reference and 
has been approved by the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the 
American Welding Society, Inc., 2501 NW 7th Street, Miami, FL 33125. 
Copies may be inspected at the Mine Safety and Health Administration, 
Department of Labor, Approval and Certification Center, RR 1, Industrial 
Park Road, Triadelphia, WV 26059, or at the Office of the Federal 
Register, 800 N. Capitol Street, NW., 7th Floor, suite 700, Washington, 
DC.
    (3) External rotating parts shall not be constructed of aluminum 
alloys containing more than 0.6 percent magnesium. Non-metallic rotating 
parts shall be provided with a means to prevent an accumulation of 
static electricity.
    (4) Threaded covers and mating parts shall be designed with Class 1A 
and 1B (coarse, loose fitting) threads. The covers shall be secured 
against loosening.
    (5) Flat surfaces between fastening holes that form any part of a 
flame-arresting path shall be plane to within a maximum deviation of 
one-half the maximum clearance specified in paragraph (g)(19) of this 
section. All surfaces forming a flame-arresting path shall be finished 
during the manufacturing process to not more than 250 microinches. A 
thin film of nonhardening preparation to inhibit rusting may be applied 
to these finished metal surfaces as long as the final surface can be 
readily wiped free of any foreign materials.
    (6) For a laminated stator frame, it shall be impossible to insert a 
0.0015 inch thickness gauge to a depth exceeding \1/8\ inch between 
adjacent laminations or between end rings and laminations.
    (7) Lockwashers, or equivalent, shall be provided for all 
fastenings. Devices other than lockwashers shall meet the requirements 
of Sec. 7.308 of this part. Equivalent devices shall only be used in the 
configuration in which they were tested.
    (8) Fastenings shall be as uniform in size as practicable to 
preclude improper installation.
    (9) Holes for fastenings in an explosion-proof enclosure shall be 
threaded to ensure that all specified bolts or screws will not bottom 
even if the washers are omitted.
    (10) Holes for fastenings shall not penetrate to the interior of an 
explosion-proof enclosure, except holes made through motor casings for 
bolts, studs, or screws to hold essential parts, such as pole pieces, 
brush rigging, and bearing cartridges. The attachments of such parts 
shall be secured against loosening. The threaded holes in these parts 
shall be blind unless the fastenings are inserted from the inside, in

[[Page 60]]

which case the fastenings shall not be accessible with the rotor in 
place.
    (11) For direct current motor assemblies with narrow interpoles, the 
distance from the edge of the pole piece to any bolt hole in the frame 
shall be at least \1/8\ inch. If the distance is \1/8\ to \1/4\ inch, 
the diametrical clearance for the pole bolt shall not exceed \1/64\ inch 
for not less than \1/2\ inch through the frame. Furthermore, the pole 
piece shall have the same radius as the inner surface of the frame. Pole 
pieces may be shimmed as necessary. If used, the total resulting 
thickness of the shims shall be specified. The shim assembly shall meet 
the same requirements as the pole piece.
    (12) Coil-thread inserts, if used in holes for fastenings, shall 
meet the following:
    (i) The inserts shall have internal screw threads.
    (ii) The holes for the inserts shall be drilled and tapped 
consistent with the insert manufacturer's specifications.
    (iii) The inserts shall be installed consistent with the insert 
manufacturer's specifications.
    (iv) The insert shall be of sufficient length to ensure the minimum 
thread engagement of fastening specified in paragraph (g)(19) of this 
section.
    (13) A minimum of \1/8\ inch of stock shall be left at the center of 
the bottom of each blind hole that could penetrate into the interior of 
an explosion-proof enclosure.
    (14) Fastenings shall be used only for attaching parts that are 
essential in maintaining the explosion-proof integrity of the enclosure, 
or necessary for the operation of the motor. They shall not be used for 
making electrical connections.
    (15) Through holes not in use shall be closed with a metal plug. 
Plugs, including eyebolts, in through holes where future access is 
desired shall meet the flame-arresting paths, lengths, and clearances of 
paragraph (g)(19) of this section and be secured by spot welding or 
brazing. The spot weld or braze may be on a plug, clamp, or fastening 
(for example see figure J-1). Plugs for holes where future access is not 
desired shall be secured all around by a continuous gas-tight weld.
    (16) O-rings, if used in a flame-arresting path, shall meet the 
following:
    (i) When the flame-arresting path is in one plane, the o-ring shall 
be located at least one-half the acceptable flame-arresting path length 
specified in paragraph (g)(19) of this section from within the outside 
edge of the path (see figure J-2).
    (ii) When the flame-arresting path is one of the plane-cylindrical 
type (step joint), the o-ring shall be located at least \1/2\ inch from 
within the outer edge of the plane portion (see figure J-3), or at the 
junction of the plane and cylindrical portion of the joint (see figure 
J-4), or in the cylindrical portion (see figure J-5).
    (17) Mating parts comprising a pressed fit shall result in a minimum 
interference of 0.001 inch between the parts. The minimum length of the 
pressed fit shall be equal to the minimum thickness requirement of 
paragraph (g)(19) of this section for the material in which the fit is 
made.
    (18) The flame-arresting path of threaded joints shall conform to 
the requirements of paragraph (g)(19) of this section.
    (19) Explosion-proof enclosures shall meet the requirements set out 
in table J-2 of this section, based on the internal free volume of the 
empty enclosure.

                             Table J-2--Explosion-Proof Requirements Based on Volume
----------------------------------------------------------------------------------------------------------------
                                                                             Volume of empty enclosure
                                                                 -----------------------------------------------
                                                                   Less than 45    45 to 124 cu.   More than 124
                                                                     cu. ins.     ins. inclusive     cu. ins.
----------------------------------------------------------------------------------------------------------------
Minimum thickness of material for walls \1\.....................          \1/8\"         \3/16\"          \1/4\"
Minimum thickness of material for flanges and covers............      \2\ \1/4\"      \3\ \3/8\"      \3\ \1/2\"
Minimum width of joint; all in one plane........................          \1/2\"          \3/4\"              1"
Maximum clearance; joint all in one plane.......................          0.002"          0.003"          0.004"
Minimum width of joint, portions of which are in different            \4\ \3/8\"      \4\ \5/8\"      \4\ \3/4\"
 planes; cylinders or equivalent................................
Maximum clearances; joint in two or more planes, cylinders or
 equivalent: \5\
    (a) Portion perpendicular to plane \6\......................          0.008"          0.008"          0.008"

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    (b) Plane portion...........................................          0.006"          0.006"          0.006"
Maximum fastening 7, 8 spacing; joints all in one plane.........          (\16\)          (\16\)          (\16\)
Maximum fastening spacing; joints, portions of which are in               (\17\)          (\17\)          (\17\)
 different planes...............................................
Minimum diameter of fastening \9\ (without regard to type of              \1/4\"          \1/4\"          \3/8\"
 joint).........................................................
Minimum thread engagement of fastening \10\.....................          \1/4\"          \1/4\"          \3/8\"
Maximum diametrical clearance between fastening body and                 \1/64\"         \1/32\"         \1/16\"
 unthreaded holes through which it passes 8,11,12...............
Minimum distance from interior of enclosure to the edge of a      ..............  ..............  ..............
 fastening hole: 8,13
    Joint--minimum width 1".....................................  ..............  ..............    \14\ \7/16\"
    Joint--less than 1" wide....................................          \1/8\"         \3/16\"  ..............
----------------------------------------------------------------------------------------------------------------
                                               Cylindrical Joints
----------------------------------------------------------------------------------------------------------------
Shaft centered by ball or roller bearings:
  Minimum length of flame-arresting path........................          \1/2\"          \3/4\"              1"
  Maximum diametrical clearance.................................          0.020"          0.025"          0.030"
Other cylindrical joints: \15\
    Minimum length of flame-arresting path......................          \1/2\"          \3/4\"              1"
    Maximum diametrical clearance...............................          0.006"          0.008"          0.010"
----------------------------------------------------------------------------------------------------------------
\1\ This is the minimal nominal dimension when applied to standard steel plate.
\2\ \1/32\ inch less is allowable for machining rolled plate.
\3\ \1/16\ inch less is allowable for machining rolled plate.
\4\ If only two planes are involved, neither portion of a joint shall be less than \1/8\ inch wide, unless the
  wider portion conforms to the same requirements as those for a joint that is all in one plane. If more than
  two planes are involved (as in labyrinths or tongue-and-groove joints) the combined lengths of those portions
  having prescribed clearances are considered.
\5\ 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:


                                    Dimensions of Rabbet (Step) Joints-Inches
                                          [See figure J-6 in appendix]
----------------------------------------------------------------------------------------------------------------
                                                                                                      Maximum
                                                                   Minimum width      Maximum       diametrical
                       Minimum total width                          of clamped     clearance of    clearance at
                                                                  radial portion  radial portion   axial portion
----------------------------------------------------------------------------------------------------------------
\3/8\...........................................................          \3/64\          0.0015           0.003
\1/2\...........................................................          \3/64\           0.002           0.003
\1/2\...........................................................          \3/32\           0.002           0.004
----------------------------------------------------------------------------------------------------------------
\6\ The allowable diametrical clearance is 0.008 inch when the portion perpendicular to the plane portion is \1/
  4\ inch or greater in length. If the perpendicular portion is more than \1/8\ inch but less than \1/4\ inch
  wide, the diametrical clearance shall not exceed 0.006 inch.
\7\ 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.
\8\ 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.
\9\ 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.
\10\ 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.
\11\ This maximum clearance applies only when the fastening is located within the flame-arresting path.
\12\ Threaded holes for fastening bolts shall be machined to remove burrs or projections that affect planarity
  of a surface forming a flame-arresting path.
\13\ Edge of the fastening hole shall include the edge of any machining done to the fastening hole, such as
  chamfering.
\14\ If the diametrical clearance for fastenings does not exceed \1/32\ inch, then the minimum distance shall be
  \1/4\ inch.
\15\ Shafts or operating rods through journal bearings shall be at least \1/4\" in diameter. The length of the
  flame-arresting path shall not be reduced when a pushbutton is depressed. Operating rods shall have a shoulder
  or head on the portion inside the enclosure. Essential parts riveted or bolted to the inside portion are
  acceptable in lieu of a head or shoulder, but cotter pins and similar devices shall not be used.
\16\ 6" with a minimum of 4 fastenings.
\17\ 8" with a minimum of 4 fastenings.

    (h) Lead entrances. (1) Each cable, which extends through an outside 
wall of the motor assembly, shall pass through a stuffing-box lead 
entrance (see figure J-7). All sharp edges shall be removed from 
stuffing boxes, packing nuts, and other lead entrance (gland)

[[Page 62]]

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



Sec. 7.305  Critical characteristics.

    The following critical characteristics shall be inspected on each 
motor assembly to which an approval marking is affixed:
    (a) Finish, width, and planarity of surfaces that form any part of a 
flame-arresting path.
    (b) Clearances between mating parts that form flame-arresting paths.
    (c) Thickness of walls, flanges, and covers that are essential in 
maintaining the explosion-proof integrity of the enclosure.
    (d) Spacing of fastenings.
    (e) Length of thread engagement on fastenings and threaded parts 
that assure the explosion-proof integrity of the enclosure.
    (f) Use of lockwasher or equivalent with all fastenings.
    (g) Dimensions which affect compliance with the requirements for 
packing gland parts in Sec. 7.304 of this part.



Sec. 7.306  Explosion tests.

    (a) The following shall be used for conducting an explosion test:
    (1) An explosion test chamber designed and constructed to contain an 
explosive gas mixture to surround and fill the motor assembly being 
tested. The chamber must be sufficiently darkened and provide viewing 
capabilities of the flame-arresting paths to allow observation during 
testing of any discharge of flame or ignition of the explosive mixture 
surrounding the motor assembly.
    (2) A methane gas supply with at least 98 by volume per centum of 
combustible hydrocarbons, with the remainder being inert. At least 80 
percent by volume of the gas shall be methane.
    (3) Coal dust having a minimum of 22 percent dry volatile matter and 
a minimum heat constant of 11,000 moist BTU (coal containing natural bed 
moisture but not visible surface water)

[[Page 63]]

ground to a fineness of minus 200 mesh U.S. Standard sieve series.
    (4) An electric spark ignition source with a minimum of 100 
millijoules of energy.
    (5) A pressure recording system that will indicate the pressure 
peaks resulting from the ignition and combustion of explosive gas 
mixtures within the enclosure being tested.
    (b) General test procedures. (1) Motor assemblies being tested 
shall--
    (i) Be equipped with unshielded bearings regardless of the type of 
bearings specified; and
    (ii) Have all parts that do not contribute to the operation or 
assure the explosion-proof integrity of the enclosure, such as oil 
seals, grease fittings, hose conduit, cable clamps, and outer bearing 
caps (which do not house the bearings) removed from the motor assembly.
    (2) Each motor assembly shall be placed in the explosion test 
chamber and tested as follows:
    (i) The motor assembly shall be filled with and surrounded by an 
explosive mixture of the natural gas supply and air. The chamber gas 
concentrations shall be between 6.0 by volume per centum and the motor 
assembly natural gas concentration just before ignition of each test. 
Each externally visible flame-arresting path fit shall be observed for 
discharge of flames for at least two of the tests, including one with 
coal dust added.
    (ii) A single spark source is used for all testing. Pressure shall 
be measured at each end of the winding compartment simultaneously during 
all tests. Quantity and location of test holes shall permit ignition on 
each end of the winding compartment and recording of pressure on the 
same and opposite ends as the ignition.
    (iii) Motor assemblies incorporating a conduit box shall have the 
pressure in the conduit box recorded simultaneously with the other 
measured pressures during all tests. Quantity and location of test holes 
in the conduit box shall permit ignition and recording of pressure as 
required in paragraphs (c)(1) and (c)(4)(i) of this section.
    (iv) The motor assembly shall be completely purged and recharged 
with a fresh explosive gas mixture from the chamber or by injection 
after each test. The chamber shall be completely purged and recharged 
with a fresh explosive gas mixture as necessary. The oxygen level of the 
chamber gas mixture shall be no less than 18 percent by volume for 
testing. In the absence of oxygen monitoring equipment, the maximum 
number of tests conducted before purging shall be less than or equal to 
the chamber volume divided by forty times the volume occupied by the 
motor assembly.
    (c) Test procedures. (1) Eight tests at 9.40.4 percent 
methane by volume within the winding compartment shall be conducted, 
with the rotor stationary during four tests and rotating at rated speed 
(rpm) during four tests. The ignition shall be at one end of the winding 
compartment for two stationary and two rotating tests, and then switched 
to the opposite end for the remaining four tests. If a nonisolated 
conduit box is used, then two additional tests, one stationary and one 
rotating, shall be conducted with ignition in the conduit box at a point 
furthest away from the opening between the conduit box and the winding 
compartment.
    (2) Four tests at 7.00.3 percent methane by volume 
within the winding compartment shall be conducted with the rotor 
stationary, 2 ignitions at each end.
    (3) Four tests at 9.40.4 percent methane by volume plus 
coal dust shall be conducted. A quantity of coal dust equal to 0.05 
ounces per cubic foot of internal free volume of the winding compartment 
plus the nonisolated conduit box shall be introduced into each end of 
the winding compartment and nonisolated conduit box to coat the interior 
surface before conducting the first of the four tests. The coal dust 
introduced into the conduit box shall be proportional to its volume. The 
remaining coal dust shall be equally divided between the winding 
compartment ends. For two tests, one stationary and one rotating, the 
ignition shall be either in the conduit box or one end of the connected 
winding compartment, whichever produced the highest pressure in the 
previous tests. The two remaining tests, one stationary and one 
rotating, shall be conducted with the ignition in the winding

[[Page 64]]

compartment end furthest away from the conduit box.
    (4) For motor assemblies incorporating a conduit box which is 
isolated from the winding compartment by an isolating barrier the 
following additional tests shall be conducted--
    (i) For conduit boxes with an internal free volume greater than 150 
cubic inches, two ignition points shall be used, one as close to the 
geometric center of the conduit box as practical and the other at the 
furthest point away from the isolating barrier between the conduit box 
and the winding compartment. Recording of pressure shall be on the same 
and opposite sides as the ignition point furthest from the isolating 
barrier between the conduit box and the winding compartment. Conduit 
boxes with an internal free volume of 150 cubic inches or less shall 
have one test hole for ignition located as close to the geometric center 
of the conduit box as practical and one for recording of pressure 
located on a side of the conduit box.
    (ii) The conduit box shall be tested separately. Six tests at 
9.40.4 percent methane by volume within the conduit box 
shall be conducted followed by two tests at 7.00.3 percent 
methane by volume. Then two tests at 9.40.4 percent methane 
by volume with a quantity of coal dust equal to 0.05 ounces per cubic 
foot of internal free volume of the conduit box and meeting the 
specifications in paragraph (c)(3) of this section shall be conducted. 
For conduit boxes with an internal free volume of more than 150 cubic 
inches, the number of tests shall be evenly divided between each 
ignition point.
    (iii) The motor assembly shall be tested following removal of the 
isolating barrier or one sectionalizing terminal (as applicable). Six 
tests at 9.40.4 percent methane by volume in the winding 
compartment and conduit box shall be conducted using three ignition 
locations. The ignition shall be at one end of the winding compartment 
for one stationary and one rotating test; the opposite end for one 
stationary and one rotating test; and at the ignition point that 
produced the highest pressure on the previous test in paragraph 
(c)(4)(ii) of this section in the conduit box for one stationary and one 
rotating test. Motor assemblies that use multiple sectionalizing 
terminals shall have one test conducted as each additional terminal is 
removed. Each of these tests shall use the rotor state and ignition 
location that produced the highest pressure in the previous tests.
    (d) A motor assembly incorporating a conduit box that is isolated 
from the winding compartment that exhibits pressures exceeding 110 psig, 
while testing during removal of any or all isolating barriers as 
specified in paragraph (c)(4) of this section, shall have a warning 
statement on the approval plate. This statement shall warn that the 
isolating barrier must be maintained to ensure the explosion-proof 
integrity of the motor assembly. A statement is not required when the 
motor assembly has withstood a static pressure of twice the maximum 
pressure recorded in the explosion tests of paragraph (c)(4) of this 
section. The static pressure test shall be conducted on the motor 
assembly with all isolating barriers removed, and in accordance with 
Sec. 7.307 of this part.
    (e) Acceptable performance. Explosion tests of a motor assembly 
shall not result in--
    (1) Discharge of flames.
    (2) Ignition of the explosive mixture surrounding the motor assembly 
in the chamber.
    (3) Development of afterburning.
    (4) Rupture of any part of the motor assembly or any panel or 
divider within the motor assembly.
    (5) Clearances, in excess of those specified in this subpart, along 
accessible flame-arresting paths, following any necessary retightening 
of fastenings.
    (6) Pressure exceeding 110 psig, except as provided in paragraph (d) 
of this section unless the motor assembly has withstood a static 
pressure of twice the maximum pressure recorded in the explosion tests 
of this section following the static pressure test procedures of 
Sec. 7.307 of this part.
    (7) Permanent deformation greater than 0.040 inches per linear foot.



Sec. 7.307  Static pressure test.

    (a) Test procedure. (1) The enclosure shall be internally 
pressurized to a

[[Page 65]]

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



Sec. 7.308  Lockwasher equivalency test.

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



Sec. 7.309  Approval marking.

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



Sec. 7.310  Post-approval product audit.

    Upon request by MSHA but not more than once a year, except for 
cause, the approval holder shall make a motor assembly available for 
audit at no cost.



Sec. 7.311  Approval checklist.

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

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


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[GRAPHIC] [TIFF OMITTED] TC22OC91.013



   Subpart K--Electric Cables, Signaling Cables, and Cable Splice Kits

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



Sec. 7.401  Purpose and effective date.

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



Sec. 7.402  Definitions.

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

[[Page 76]]

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



Sec. 7.403  Application requirements.

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



Sec. 7.404  Technical requirements.

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



Sec. 7.405  Critical characteristics.

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



Sec. 7.406  Flame test apparatus.

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

[[Page 77]]

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



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

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

[[Page 78]]

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



Sec. 7.408  Test for flame resistance of signaling cables.

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

[[Page 79]]

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



Sec. 7.409  Approval marking.

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



Sec. 7.410  Post-approval product audit.

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



Sec. 7.411  New technology.

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



PART 11 [Reserved]






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




                      Subpart A--General Provisions

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

           Subpart B--Requirements for Approval of Explosives

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

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

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

    Authority: 30 U.S.C. 957.

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



                      Subpart A--General Provisions



Sec. 15.1  Purpose and effective dates.

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

[[Page 80]]

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

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



Sec. 15.2  Definitions.

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

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



Sec. 15.3  Observers at tests and evaluations.

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



Sec. 15.4  Application procedures and requirements.

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

[[Page 81]]

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

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



Sec. 15.5  Test samples.

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

[[Page 82]]

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



Sec. 15.6  Issuance of approval.

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



Sec. 15.7  Approval marking.

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

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



Sec. 15.8  Quality assurance.

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

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



Sec. 15.9  Disclosure of information.

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



Sec. 15.10  Post-approval product audit.

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



Sec. 15.11  Revocation.

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

[[Page 83]]

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



           Subpart B--Requirements for Approval of Explosives



Sec. 15.20  Technical requirements.

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

[[Page 84]]

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

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

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



Sec. 15.21  Tolerances for ingredients.

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

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



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

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

[[Page 85]]

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



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



Sec. 15.30  Technical requirements.

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

[[Page 86]]

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

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



Sec. 15.31  Tolerances for ingredients.

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



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

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



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




                      Subpart A--General Provisions

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

             Subpart B--Construction and Design Requirements

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

                    Subpart C--Inspections and Tests

18.60  Detailed inspection of components.
18.61  Final inspection of complete machine.
18.62  Tests to determine explosion-proof characteristics.

[[Page 87]]

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

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

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

Appendix I--List of Tables
Appendix II--List of Figures

   Subpart E--Field Approval of Electrically Operated Mining Equipment

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

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

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



                      Subpart A--General Provisions



Sec. 18.1  Purpose.

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

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



Sec. 18.2  Definitions.

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

[[Page 88]]

the conductors of which are of smaller size than the main circuit.
    Bureau means the U.S. Bureau of Mines.
    Certification means a formal written notification, issued by MSHA, 
which states that an electrical component complies with the applicable 
requirements of this part and, therefore, is suitable for incorporation 
in approved (permissible) equipment.
    Certification label means a plate, label, or marking, the design of 
which meets MSHA's requirements, for attachment to a certified component 
identifying the component as having met the MSHA's requirements for 
incorporation in a machine to be submitted for approval.
    Component means an integral part of an electrical machine or 
accessory that is essential to the functioning of the machine or 
accessory.
    Connection box (also known as conduit or terminal box) means an 
enclosure mounted on an electrical machine or accessory to facilitate 
wiring, without the use of external splices. (Such boxes may have a 
joint common with an explosion-proof enclosure provided the adjoining 
surfaces conform to the requirements of subpart B of this part.)
    Cylindrical joint means a joint comprised of two contiguous, 
concentric, cylindrical surfaces.
    Distribution box means an enclosure through which one or more 
portable cables may be connected to a source of electrical energy, and 
which contains a short-circuit protective device for each outgoing 
cable.
    Experimental equipment means any electrical machine or accessory 
that an applicant or MSHA may desire to operate experimentally for a 
limited time in a gassy mine or tunnel. (For example, this might include 
a machine constructed at a mine, an imported machine, or a machine or 
device designed and developed by MSHA.)
    Explosion-proof enclosure means an enclosure that complies with the 
applicable design requirements in subpart B of this part and is so 
constructed that it will withstand internal explosions of methane-air 
mixtures: (1) Without damage to or excessive distortion of its walls or 
cover(s), and (2) without ignition of surrounding methane-air mixtures 
or discharge of flame from inside to outside the enclosure.
    Fire-resistant as applied to conveyor belts means belting that will 
pass the flame tests hereafter specified.
    Flame-arresting path means two or more adjoining or adjacent 
surfaces between which the escape of flame is prevented.
    Flame resistant as applied to cable, hose, and insultating materials 
means material that will burn when held in a flame but will cease 
burning when the flame is removed.
    Flammable mixture means a mixture of methane or natural gas and air 
that when ignited will propagate flame. Natural gas containing a high 
percentage of methane is a satisfactory substitute for pure methane in 
most tests.
    Gassy mine means a coal mine classed as ``gassy'' by MESA or by the 
State in which the mine is situated.
    Incendive arc or spark means an arc or spark releasing enough 
electrical or thermal energy to ignite a flammable mixture of the most 
easily ignitable composition.
    Intrinsically safe means incapable of releasing enough electrical or 
thermal energy under normal or abnormal conditions to cause ignition of 
a flammable mixture of methane or natural gas and air of the most easily 
ignitable composition.
    MESA means the United States Department of the Interior, Mining 
Enforcement and Safety Administration. Predecessor organization to MSHA, 
prior to March 9, 1978.
    Mobile equipment means equipment that is self-propelled.
    MSHA means the United States Department of Labor, Mine Safety and 
Health Administration.
    Normal operation means the regular performance of those functions 
for which a machine or accessory was designed.
    Permissible equipment means a completely assembled electrical 
machine or accessory for which a formal approval has been issued, as 
authorized by the Administrator, Mining Enforcement and Safety 
Administration under the Federal Coal Mine Health and Safety Act of 1969 
(Pub. L. 91-173, 30 U.S.C. 801 or, after March 9, 1978, by the Assistant 
Secretary under the Federal

[[Page 89]]

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

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



Sec. 18.3  Consultation.

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

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



Sec. 18.4  Electrical equipment for which approval is issued.

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

[57 FR 61209, Dec. 23, 1992]



Sec. 18.5  Equipment for which certification will be issued.

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



Sec. 18.6  Applications.

    (a) 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, in duplicate, accompanied 
by a check, bank draft, or money order, payable to Mine Safety and 
Health Administration to cover the fees. The application shall be 
accompanied by all necessary drawings, specifications, descriptions, and 
related materials, as hereinafter provided. The application, all related 
matters, and all correspondence concerning it shall be addressed to 
Approval and Certification Center, RR 1, Box 251, Industrial Park Road, 
Triadelphia, WV 26059.
    (b) [Reserved]
    (c) Applications for acceptance of a conveyor belt as fire resistant 
shall include the following information: Trade

[[Page 90]]

name of the conveyor belt, thickness of covers, friction and skim coats, 
number of plies, type and weight of ply material, and designation of 
breaker strip or floated ply. The applicant shall provide other 
description or specifications as may be subsequently required.
    (d) Applications for acceptance of hose as flame resistant shall 
include the following information: Trade name of hose, identification of 
materials used, including compound numbers, thickness of cover, 
thickness of tube, and number and weight of plies. The applicant shall 
provide other description or specifications as may be subsequently 
required.
    (e) Drawings, drawing lists, specifications, wiring diagram, and 
descriptions shall be adequate in number and detail to identify fully 
the complete assembly, component parts, and subassemblies. Drawings 
shall be titled, numbered, dated and shall show the latest revision. 
Each drawing shall include a warning statement that changes in design 
must be authorized by MSHA before they are applied to approved 
equipment. When intrinsically safe circuits are incorporated in a 
machine or accessory, the wiring diagram shall include a warning 
statement that any change(s) in the intrinsically safe circuitry or 
components may result in an unsafe condition. The specifications shall 
include an assembly drawing(s) (see Figure 1 in Appendix II) showing the 
overall dimensions of the machine and the identity of each component 
part which may be listed thereon or separately, as in a bill of material 
(see Figure 2 in Appendix II). MSHA may accept photographs (minimum size 
8"  x  10\1/2\") in lieu of assembly drawing(s). Purchased parts shall 
be identified by the manufacturer's name, catalog number(s), and 
rating(s). In the case of standard hardware and miscellaneous parts, 
such as insulating pieces, size and kind of material shall be specified. 
All drawings of component parts submitted to MSHA shall be identical to 
those used in the manufacture of the parts. Dimensions of parts designed 
to prevent the passage of flame shall specify allowable tolerances. A 
notation ``Do Not Drill Through'' or equivalent should appear on 
drawings with the specifications for all ``blind'' holes.
    (f) MSHA reserves the right to require the applicant to furnish 
supplementary drawings showing sections through complex flame-arresting 
paths, such as labyrinths used in conjunction with ball or roller 
bearings, and also drawings containing dimensions not indicated on other 
drawings submitted to MSHA.
    (g) The applicant may ship his equipment to MSHA for investigation 
at the time of filing his application and payment of the required fees. 
Shipping charges shall be prepaid by the applicant.
    (h) For a complete investigation leading to approval or 
certification the applicant shall furnish MSHA with the components 
necessary for inspection and testing. Expendable components shall be 
supplied by the applicant to permit continuous operation of the 
equipment while being tested. If special tools are necessary to assemble 
or disassemble any component for inspection or test, the applicant shall 
furnish them with the equipment to be tested.
    (i) For investigation of a hose or conveyor belt, the applicant 
shall furnish samples as follows:

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

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

[[Page 91]]

in English; and (2) all other requirements of this part are met the same 
as for a domestic applicant.

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



Sec. 18.7  [Reserved]



Sec. 18.8  Date for conducting investigation and tests.

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



Sec. 18.9  Conduct of investigations and tests.

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

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



Sec. 18.10  Notice of approval or disapproval.

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



Sec. 18.11  Approval plate.

    (a)(1) The notice of approval will be accompanied by a photograph of 
an approval plate, bearing the emblem of Mine Safety and Health 
Administration, the name of the complete assembly, the name of the 
applicant, and spaces for the approval number, serial number, and the 
type or model of machine.
    (2) An extension of approval will not affect the original approval 
number except that the extension number shall

[[Page 92]]

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

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



Sec. 18.12  Letter of certification.

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



Sec. 18.13  Certification plate.

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

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


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



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

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

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



Sec. 18.15  Changes after approval or certification.

    If an applicant desires to change any feature of approved equipment 
or a certified component, he shall first obtain MSHA's concurrence 
pursuant to the following procedure:

[[Page 93]]

    (a) 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 change(s) and shall be accompanied by 
drawings, specifications, and related information, showing the change(s) 
in detail.
    (b) The application will be examined by MSHA to determine whether 
inspection or testing will be required. Testing will be required if 
there is a possibility that the change(s) may adversely affect safety.
    (c) If the change(s) meets the requirements of this part, a formal 
extension of approval or certification will be issued, accompanied by a 
list of new or revised drawings, specifications, and related information 
to be added to those already on file for the original approval or 
certification.
    (d) Revisions in drawings or specifications that do not involve 
actual change in the explosion-proof features of equipment may be 
handled informally.

[43 FR 12313, Mar. 24, 1978, as amended at 52 FR 17514, May 8, 1987]



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

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



             Subpart B--Construction and Design Requirements



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

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



Sec. 18.21  Machines equipped with powered dust collectors.

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



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

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



Sec. 18.23  Limitation of external surface temperatures.

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



Sec. 18.24  Electrical clearances.

    Minimum clearances between uninsulated electrical conductor 
surfaces, or between uninsulated conductor surfaces and grounded metal

[[Page 94]]

surfaces, within the enclosure shall be as follows:

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


[57 FR 61209, Dec. 23, 1992]



Sec. 18.25  Combustible gases from insulating material.

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



Sec. 18.26  Static electricity.

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



Sec. 18.27  Gaskets.

    A gasket(s) shall not be used between any two surfaces forming a 
flame-arresting path except as follows:
    (a) A gasket of lead, elastomer, or equivalent will be acceptable 
provided the gasket does not interfere with an acceptable metal-to-metal 
joint.
    (b) A lead gasket(s) or equivalent will be acceptable between glass 
and a hard metal to form all or a part of a flame-arresting path.



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

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



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

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



Sec. 18.30  Windows and lenses.

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



Sec. 18.31  Enclosures--joints and fastenings.

    (a) Explosion-proof enclosures:

[[Page 95]]

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

                                  Explosion-Proof Requirements Based on Volume
----------------------------------------------------------------------------------------------------------------
                                                                             Volume of empty enclosure
                                                                 -----------------------------------------------
                                                                   Less than 45    45 to 124 cu.   More than 124
                                                                      cu. in.      in. inclusive      cu. in.
----------------------------------------------------------------------------------------------------------------
Minimum thickness of material for walls \1\.....................          \1/8\"         \3/16\"          \1/4\"
Minimum thickness of material for flanges and covers............      \2\ \1/4\"      \3\ \3/8\"      \3\ \1/2\"
Minimum width of joint; all in one plane \4\....................          \1/2\"          \3/4\"              1"
Maximum clearance; joint all in one plane.......................          0.002"          0.003"          0.004"
Minimum width of joint, portions of which are in different                \3/8\"          \5/8\"          \3/4\"
 planes; cylinders or equivalent 4,5............................
Maximum clearances; joint in two or more planes, cylinders or
 equivalent:
    (a) Portion perpendicular to plane \6\......................          0.008"          0.008"          0.008"
    (b) Plane portion...........................................          0.006"          0.006"          0.006"
Maximum bolt 7,8 spacing; joints all in one plane...............          (\16\)          (\16\)          (\16\)
Maximum bolt spacing; joints, portions of which are in different           (\9\)           (\9\)           (\9\)
 planes.........................................................
Minimum diameter of bolt (without regard to type of joint)......          \1/4\"          \1/4\"          \3/8\"
Minimum thread engagement \10\..................................          \1/4\"          \1/4\"          \3/8\"
Maximum diametrical clearance between bolt body and unthreaded           \1/64\"         \1/32\"         \1/16\"
 holes through which it passes 8,11,12..........................
Minimum distance from interior of enclosure to the edge of a
 bolt hole: 8,13
    Joint--minimum width 1".....................................  ..............  ..............    \14\ \7/16\"
    Joint--less than 1" wide....................................          \1/8\"         \3/16\"  ..............
----------------------------------------------------------------------------------------------------------------
                                               Cylindrical joints
----------------------------------------------------------------------------------------------------------------
Shaft centered by ball or roller bearings:
    Minimum length of flame-arresting path......................          \1/2\"          \3/4\"              1"
    Maximum diametrical clearance...............................          0.020"          0.025"          0.030"
Other cylindrical joints: \15\
    Minimum length of flame-arresting path......................          \1/2\"          \3/4\"              1"
    Maximum diametrical clearance...............................          0.006"          0.008"          0.010"
----------------------------------------------------------------------------------------------------------------
\1\ This is the minimal nominal dimension when applied to standard steel plate.
\2\ \1/32\ inch less is allowable for machining rolled plate.
\3\ \1/16\ inch less is allowable for machining rolled plate.
\4\ 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.
\5\ If only two planes are involved, neither portion of a joint shall be less than \1/8\ inch wide, unless the
  wider portion conforms to the same requirements as those for a joint that is all in one plane. If more than
  two planes are involved (as in labyrinths or tongue-and-groove joints) the combined lengths of those portions
  having prescribed clearances are considered.
\6\ The allowable diametrical clearance is 0.008 inch when the portion perpendicular to the plane portion is \1/
  4\ inch or greater in length. If the perpendicular portion is more than \1/8\ inch but less than \1/4\ inch
  wide, the diametrical clearance shall not exceed 0.006 inch.
\7\ 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.
\8\ 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.

[[Page 96]]

 
\9\ Adequacy of bolt spacing will be judged on the basis of size and configuration of the enclosure, strength of
  materials, and explosion test results.
\10\ In general, minimum thread engagement shall be equal to or greater than the diameter of the bolt specified.
\11\ Threaded holes for fastening bolts shall be machined to remove burrs or projections that affect planarity
  of a surface forming a flame-arresting path.
\12\ This maximum clearance applies only when the bolt is located within the flamepath.
\13\ The edge of the bolt hole shall include the edge of any machining done to the bolt hole, such as
  chamfering.
\14\ Less than \7/16\" (\1/4\" minimum) will be acceptable provided the diametrical clearance for fastening
  bolts does not exceed \1/32\".
\15\ Shafts or operating rods through journal bearings shall be at least \1/4\" in diameter. The length of fit
  shall not be reduced when a push button is depressed. Operating rods shall have a shoulder or head on the
  portion inside the enclosure. Essential parts riveted or bolted to the inside portion are acceptable in lieu
  of a head or shoulder, but cotter pins and similar devices shall not be used.
\16\ 6" with a minimum of 4 bolts.

    (7) O-rings, if used in a flame-arresting path, shall meet the 
following:
    (i) When the flame-arresting path is in one plane, the o-ring shall 
be located at least one-half the acceptable flame-arresting path length 
specified in paragraph (a)(6) of this section within the outside edge of 
the path (see figure J-2 in the appendix to subpart J of part 7 of this 
chapter).
    (ii) When the flame-arresting path is one of the plane-cylindrical 
type (step joint), the o-ring shall be located at least \1/2\ inch 
within the outer edge of the plane portion (see figure J-3 in the 
appendix to subpart J of part 7 of this chapter), or at the junction of 
the plane and cylindrical portion of the joint (see figure J-4 in the 
appendix to subpart J of part 7 of this chapter); or in the cylindrical 
portion (see figure J-5 in the appendix to subpart J of part 7 of this 
chapter).
    (8) Mating parts comprising a pressed fit shall result in a minimum 
interference of 0.001 inch between the parts. The minimum length of the 
pressed fit shall be equal to the minimum thickness requirement of 
paragraph (a)(6) of this section for the material in which the fit is 
made.
    (b) Enclosures for potted components: Enclosures shall be rugged and 
constructed with materials having 75 percent, or greater, of the 
thickness and flange width specified in paragraph (a) of this section. 
These enclosures shall be provided with means for attaching hose 
conduit, unless energy carried by the cable is intrinsically safe.
    (c) No assembly will be approved that requires the opening of an 
explosion-proof enclosure to operate a switch, rheostat, or other device 
during normal operation of a machine.

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



Sec. 18.32  Fastenings--additional requirements.

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

[[Page 97]]

strength fastening(s) specified by the applicant.
    (i) Coil-thread inserts, if used in holes for fastenings, shall meet 
the following:
    (1) The inserts shall have internal screw threads.
    (2) The holes for the inserts shall be drilled and tapped consistent 
with the insert manufacturer's specifications.
    (3) The inserts shall be installed consistent with the insert 
manufacturer's specifications.
    (4) The insert shall be of sufficient length to ensure the minimum 
thread engagement of fastening specified in Sec. 18.31(a)(6) of this 
part.

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



Sec. 18.33  Finish of surface joints.

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

[57 FR 61210, Dec. 23, 1992]



Sec. 18.34  Motors.

    Explosion-proof electric motor assemblies intended for use in 
approved equipment in underground mines that are specifically addressed 
in part 7 of this chapter shall be approved under part 7 of this chapter 
after February 22, 1996. Those motor assemblies not specifically 
addressed under part 7 of this chapter shall be accepted or certified 
under this part.
    (a) General. (1) Motors shall have explosion-proof enclosures.
    (2) Motors submitted to MSHA for test shall be equipped with 
unshielded bearings regardless of whether that type of bearing is 
specified.
    (3) MSHA reserves the right to test motors with the maximum 
clearance specified between the shaft and the mating part which forms 
the required flame-arresting path. Also reserved is the right to 
remachine these parts, at the applicant's expense, to specified 
dimensions to provide the maximum clearance.
    Note: For example, a shaft with a diameter greater than 2 inches at 
the flame-arresting portion might require such machining.
    (4) Ball and roller bearings and oil seals will not be acceptable as 
flame-arresting paths; therefore, a separate path shall be provided 
between the shaft and another part, preferably inby the bearing. The 
length and clearances of such flame-arresting path shall conform to the 
requirements of Sec. 18.31.
    (5) Labyrinths or other arrangements that provide change(s) in 
direction of escaping gases will be acceptable but the use of small 
detachable pieces shall not be permitted unless structurally 
unavoidable. The lengths of flame-arresting path(s) and clearance(s) 
shall conform to the requirements of Sec. 18.31.
    (6) Oil seals shall be removed from motors prior to submission for 
explosion tests.
    Note: Oil seals will be removed from motors prior to explosion tests 
and therefore may be omitted from motors submitted for investigation.
    (7) Openings for filling and draining bearing lubricants shall be so 
located as to prevent escape of flame through them.
    (8) An outer bearing cap will not be considered as forming any part 
of a flame-arresting path unless the cap is used as a bearing cartridge.
    Note: The outer bearing cap will be omitted during explosion tests 
unless it houses the bearing.
    (9) If unavoidable, holes may be made through motor casings for 
bolts, studs, or screws to hold essential parts such as pole pieces, 
brush rigging, and bearing cartridges. Such parts shall be attached to 
the casing by at least two fastenings. The threaded holes in these parts 
shall be blind, unless the fastenings are inserted from the inside, in 
which case the fastenings shall not be accessible with the armature of 
the motor in place.
    (b) Direct-current motors. For direct-current motors with narrow 
interpoles, the distance from the edge of the pole piece to any bolt 
hole in the frame shall be not less than \1/8\ inch. If the distance is 
\1/8\ to \1/4\ inch, the diametrical

[[Page 98]]

clearance for the pole bolt shall not exceed \1/64\ inch for not less 
than \1/2\ inch through the frame. Furthermore, the pole piece shall 
have the same radius as the inner surface of the frame. Pole pieces may 
be shimmed as necessary.
    (c) Alternating-current motors. Stator laminations that form a part 
of an explosion-proof enclosure will be acceptable provided: (1) The 
laminations and their end rings are fastened together under pressure; 
(2) the joint between the end rings and the laminations is not less than 
\1/4\ inch, but preferably as close to 1 inch as possible; and (3) it 
shall be impossible to insert a 0.0015-inch thickness gage to a depth 
exceeding \1/8\ inch between adjacent laminations or between end rings 
and laminations.
    (d) Small motors (alternating- and direct-current). Motors having 
internal free volume not exceeding 350 cubic inches and joints not 
exceeding 32 inches in outer circumference will be acceptable for 
investigation if provided with rabbet joints between the stator frame 
and the end bracket having the following dimensions:

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


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



Sec. 18.35  Portable (trailing) cables and cords.

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

[[Page 99]]

cable quickly and conveniently for replacement.

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



Sec. 18.36  Cables between machine components.

    (a) Cables between machine components shall have: (1) Adequate 
current-carrying capacity for the loads involved, (2) short-circuit 
protection, (3) insulation compatible with the impressed voltage, and 
(4) flame-resistant properties unless totally enclosed within a flame-
resistant hose conduit or other flame-resistant material.
    (b) Cables between machine components shall be: (1) Clamped in place 
to prevent undue movement, (2) protected from mechanical damage by 
position, flame-resistant hose conduit, metal tubing, or troughs 
(flexible or threaded rigid metal conduit will not be acceptable), (3) 
isolated from hydraulic lines, and (4) protected from abrasion by 
removing all sharp edges which they might contact.
    (c) Cables (cords) for remote-control circuits extending from 
permissible equipment will be exempted from the requirements of conduit 
enclosure provided the total electrical energy carried is intrinsically 
safe or that the cables are constructed with heavy jackets, the sizes of 
which are stated in Table 6 of Appendix I. Cables (cords) provided with 
hose-conduit protection shall have a tensile strength not less than No. 
16 (AWG) three-conductor, type SO cord. (Reference: 7.7.7 IPCEA Pub. No. 
S-19-81, Fourth Edition.) Cables (cords) constructed with heavy jackets 
shall consist of conductors not smaller than No. 14 (AWG) regardless of 
the number of conductors.



Sec. 18.37  Lead entrances.

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

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



Sec. 18.38  Leads through common walls.

    (a) Insulated studs will be acceptable for use in a common wall 
between two explosion-proof enclosures.
    (b) When insulated wires or cables are extended through a common 
wall between two explosion-proof enclosures in insulating bushings, such 
bushings shall be not less than 1-inch long and the diametrical 
clearance between the wire or cable insulation and the holes

[[Page 100]]

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



Sec. 18.39  Hose conduit.

    Hose conduit shall be provided for mechanical protection of all 
machine cables that are exposed to damage. Hose conduit shall be flame 
resistant and have a minimum wall thickness of \3/16\ inch. The flame 
resistance of hose conduit will be determined in accordance with the 
requirements of Sec. 18.65.



Sec. 18.40  Cable clamps and grips.

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



Sec. 18.41  Plug and receptacle-type connectors.

    (a) Plug and receptacle-type connectors for use inby the last open 
crosscut in a gassy mine shall be so designed that insertion or 
withdrawal of a plug cannot cause incendive arcing or sparking. Also, 
connectors shall be so designed that no live terminals, except as 
hereinafter provided, are exposed upon withdrawal of a plug. The 
following types will be acceptable:
    (1) Connectors in which the mating or separation of the male and 
female electrodes is accomplished within an explosion-proof enclosure.
    (2) Connectors that are mechanically or electrically interlocked 
with an automatic circuit-interrupting device.
    (i) Mechanically interlocked connectors. If a mechanical interlock 
is provided the design shall be such that the plug cannot be withdrawn 
before the circuit has been interrupted and the circuit cannot be 
established with the plug partially withdrawn.
    (ii) Electrically interlocked connectors. If an electrical interlock 
is provided, the total load shall be removed before the plug can be 
withdrawn and the electrical energy in the interlocking pilot circuit 
shall be intrinsically safe, unless the pilot circuit is opened within 
an explosion-proof enclosure.
    (3) Single-pole connectors for individual conductors of a circuit 
used at terminal points shall be so designed that all plugs must be 
completely inserted before the control circuit of the machine can be 
energized.
    (b) Plug and receptacle-type connectors used for sectionalizing the 
cables outby the last open crosscut in a gassy mine need not be 
explosion-proof or electrically interlocked provided such connectors are 
designed and constructed to prevent accidental separation.
    (c) Conductors shall be securely attached to the electrodes in a 
plug or receptacle and the connections shall be totally enclosed.
    (d) Molded-elastomer connectors will be acceptable provided:

[[Page 101]]

    (1) Any free space within the plug or receptacle is isolated from 
the exterior of the plug.
    (2) Joints between the elastomer and metal parts are not less than 1 
inch wide and the elastomer is either bonded to or fits tightly with 
metal parts.
    (e) The contacts of all line-side connectors shall be shielded or 
recessed adequately.
    (f) For a mobile battery-powered machine, a plug padlocked to the 
receptacle will be acceptable in lieu of an interlock provided the plug 
is held in place by a threaded ring or equivalent mechanical fastening 
in addition to the padlock. A connector within a padlocked enclosure 
will be acceptable.



Sec. 18.42  Explosion-proof distribution boxes.

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



Sec. 18.43  Explosion-proof splice boxes.

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



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

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

[53 FR 23500, June 22, 1988]



Sec. 18.45  Cable reels.

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



Sec. 18.46  Headlights.

    (a) Headlights shall be constructed as explosion-proof enclosures.
    (b) Headlights shall be mounted to provide illumination where it 
will be most effective. They shall be protected from damage by guarding 
or location.
    (c) Lenses for headlights shall be glass or other suitable material 
with physical characteristics equivalent to \1/2\-inch thick tempered 
glass, such as ``Pyrex.'' Lenses shall meet the requirements of the 
tests prescribed in Sec. 18.66.

[[Page 102]]

    (d) Lenses permanently fixed in a ring with lead, epoxy, or 
equivalent will be acceptable provided only lens assemblies meeting the 
original manufacturer's specifications are used as replacements.
    (e) If a single lead gasket is used, the contact surface of the 
opposite side of the lens shall be plane within a maximum deviation of 
0.002 inch.



Sec. 18.47  Voltage limitation.

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



Sec. 18.48  Circuit-interrupting devices.

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

[[Page 103]]

    Note: Short transfer-type conveyors will be exempted from this 
requirement when attended.



Sec. 18.49  Connection boxes on machines.

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



Sec. 18.50  Protection against external arcs and sparks.

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



Sec. 18.51  Electrical protection of circuits and equipment.

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



Sec. 18.52  Renewal of fuses.

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

[[Page 104]]



                    Subpart C--Inspections and Tests



Sec. 18.60  Detailed inspection of components.

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



Sec. 18.61  Final inspection of complete machine.

    (a) A completely assembled new machine or a substantially modified 
design of a previously approved one shall be inspected by a qualified 
representative(s) of MSHA. When such inspection discloses any unsafe 
condition or any feature not in strict conformance with the requirements 
of this part it shall be corrected before an approval of the machine 
will be issued. A final inspection will be conducted at the site of 
manufacture, rebuilding, or other locations at the option of MSHA.
    (b) Complete machines shall be inspected for:
    (1) Compliance with the requirements of this part with respect to 
joints, lead entrances, and other pertinent features.
    (2) Wiring between components, adequacy of mechanical protection for 
cables, adequacy of clamping of cables, positioning of cables, 
particularly with respect to proximity to hydraulic components.
    (3) Adequacy of protection against damage to headlights, push 
buttons, and any other vulnerable component.
    (4) Settings of overload- and short-circuit protective devices.
    (5) Adequacy of means for connecting and protecting portable cable.



Sec. 18.62  Tests to determine explosion-proof characteristics.

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

[[Page 105]]

of twice the highest value recorded in the initial test.

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



Sec. 18.63  [Reserved]



Sec. 18.65  Flame test of conveyor belting and hose.

    (a) Size of test specimen. (1) Conveyor belting--four specimens each 
6 inches long by \1/2\-inch wide by belt thickness, two cut parallel to 
the warp and two parallel to the weft.
    (2) Hose--four specimens each 6 inches long by \1/2\-inch wide by 
thickness of the hose.
    (b) Flame-test apparatus. The principal parts of the apparatus 
within and/or appended to a 21-inch cubical test gallery are:
    (1) A support stand with a ring clamp and wire gauze.
    (2) A Pittsburgh-Universal Bunsen-type burner (inside diameter of 
burner tube 11 mm.), or equivalent, mounted in a burner placement guide 
in such a manner that the burner may be placed beneath the test 
specimen, or pulled away from it by an external knob on the front panel 
of the test gallery.
    (3) A variable-speed electric fan and an ASME flow nozzle (16-8\1/2\ 
inches reduction) to attain constant air velocities at any speed between 
50-500 feet a minute.
    (4) An electric timer or stopwatch to measure the duration of the 
tests.
    (5) A mirror mounted inside the test gallery to permit a rear view 
of the test specimen through the viewing door.
    (c) Mounting of test specimen. The specimen shall be clamped in a 
support with its free end centered 1 inch above the burner top. The 
longitudinal axis shall be horizontal and the transverse axis inclined 
at 45 deg. to the horizontal. Under the test specimen shall be clamped a 
piece of 20-mesh iron-wire gauze, 5 inches square, in a horizontal 
position \1/4\-inch below the pulley cover edge of the specimen and with 
about \1/2\-inch of the specimen extending beyond the edge of the gauze.
    (d) Procedure for flame tests. (1) The Bunsen burner, retracted from 
the test position, shall be adjusted to give a blue flame 3 inches in 
height with natural gas.
    (2) The observation door of the gallery shall be closed for the 
entire test.
    (3) The burner flame shall be applied to the free end of the 
specimen for 1 minute in still air.
    (4) At the end of 1 minute the burner flame shall be removed, the 
ventilating fan turned on to give an air current having a velocity of 
300 feet per minute, and the duration of flame measured.
    (5) After the test specimen ceases to flame, it shall remain in the 
air current for at least 3 minutes to determine the presence and 
duration of afterglow. If a glowing specimen exhibits flame within 3 
minutes the duration of flame shall be added to the duration of flame 
obtained according to paragraph (d) (4) of this section.
    (e) Test requirements. The tests of the four specimens cut from any 
sample shall not result in either duration of flame exceeding an average 
of 1 minute after removal of the applied flame or afterglow exceeding an 
average of 3 minutes duration.
    (f) Acceptance markings. (1) Conveyor belting--conveyor belts 
accepted by MSHA as flame-resistant (fire-resistant) shall be marked as 
follows: Metal stencils furnished by the manufacturer shall be used 
during the vulcanizing process to produce letters depressed into the 
conveyor belt with the words ``Fire-Resistant, USMSHA No. ____.'' This 
number will be assigned to the manufacturer after the sample has passed 
the tests. The letters and numbers shall be at least \1/2\ inch high. 
The acceptance markings shall be placed approximately 1 inch from the 
edge of the carrying (top) cover of the conveyor belt and spaced at 
intervals not exceeding 30 feet for the entire length of the conveyor 
belt. The markings shall be so placed that they are alternately at 
opposite edges of the belt. Where cover thickness does not permit 
markings in accordance with the foregoing, other permanent markings may 
be accepted.
    (2) Hose--hose conduit accepted by MSHA as flame-resistant shall be 
marked as follows: Impressed letters, raised letters on depressed 
background, or printed letters with the words

[[Page 106]]

``Flame-Resistant, USMSHA No. ____'' at intervals not exceeding 3 feet. 
This number will be assigned to the manufacturer after the sample has 
passed the tests. The letters and numbers shall be at least \1/4\-inch 
high.

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



Sec. 18.66  Tests of windows and lenses.

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

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


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



Sec. 18.67  Static-pressure tests.

    Static-pressure tests shall be conducted by the applicant on each 
enclosure of a specific design when MSHA determines that visual 
inspection will not reveal defects in castings or in single-seam welds. 
Such test procedure shall be submitted to MSHA for approval and the 
specifications on file with MSHA shall include a statement assuring that 
such tests will be conducted. The static pressure to be applied shall be 
150 pounds per square inch (gage) or one and one-half times the maximum 
pressure recorded in MSHA's explosion tests, whichever is greater.



Sec. 18.68  Tests for intrinsic safety.

    (a) General:
    (1) Tests for intrinsic safety will be conducted under the general 
concepts of ``intrinsically safe'' as defined in Subpart A of this part. 
Further tests or requirements may be added at any time if features of 
construction or use or both indicate them to be necessary. Some tests 
included in these requirements may be omitted on the basis of previous 
experience.
    (2) Intrinsically safe circuits and/or components will be subjected 
to tests consisting of making and breaking the intrinsically safe 
circuit under conditions judged to simulate the most hazardous probable 
faults or malfunctions. Tests will be made in the most easily ignitable 
mixture of methane or natural gas and air. The method of making and 
breaking the circuit may be varied to meet a particular condition.
    (3) Those components which affect intrinsic safety must meet the 
following requirements:
    (i) Current limiting components shall consist of two equivalent 
devices each of which singly will provide intrinsic safety. They shall 
not be operated at more than 50 percent of their ratings.
    (ii) Components of reliable construction shall be used and they 
shall be so mounted as to provide protection against shock and vibration 
in normal use.
    (iii) Semiconductors shall be amply sized. Rectifiers and 
transistors shall be operated at not more than two-thirds of their rated 
current and permissible peak inverse voltage. Zener diodes shall be 
operated at not more than one-half of their rated current and shall 
short under abnormal conditions.
    (iv) Electrolytic capacitors shall be operated at not more than two-
thirds of their rated voltage. They shall be designed to withstand a 
test voltage of 1,500 volts.
    (4) Intrinsically safe circuits shall be so designed that after 
failure of a single component, and subsequent failures resulting from 
this first failure, the circuit will remain intrinsically safe.
    (5) The circuit will be considered as intrinsically safe if in the 
course of testing no ignitions occur.

[[Page 107]]

    (b) Complete intrinsically safe equipment powered by low energy 
batteries:
    (1) Short-circuit tests shall be conducted on batteries at normal 
operating temperature. Tests may be made on batteries at elevated 
temperature if such tests are deemed necessary.
    (2) Resistance devices for limiting short-circuit current shall be 
an integral part of the battery, or installed as close to the battery 
terminal as practicable.
    (3) Transistors of battery-operated equipment may be subjected to 
thermal ``run-away'' tests to determine that they will not ignite an 
explosive atmosphere.
    (4) A minimum of 1,000 make-break sparks will be produced in each 
test for direct current circuits with consideration given to reversed 
polarity.
    (5) Tests on batteries shall include series and/or parallel 
combinations of twice the normal battery complement, and the effect of 
capacitance and inductance, added to that normally present in the 
circuit.
    (6) No ignition shall occur when approximately \1/2\-inch of a 
single wire strand representative of the wire used in the equipment or 
device is shorted across the intrinsically safe circuit.
    (7) Consideration shall be given to insure against accidental 
reversal of polarity.
    (c) Line-powered equipment and devices:
    (1) Line-powered equipment shall meet all applicable provisions 
specified for battery-powered equipment.
    (2) Nonintrinsically safe components supplying power for 
intrinsically safe circuits shall be housed in explosion-proof 
enclosures and be provided with energy limiting components in the 
enclosure.
    (3) Wiring for nonintrinsically safe circuits shall not be 
intermingled with wiring for intrinsically safe circuits.
    (4) Transformers that supply power for intrinsically safe circuits 
shall have the primary and secondary windings physically separated. They 
shall be designed to withstand a test voltage of 1,500 volts when rated 
125 volts or less and 2,500 volts when rated more than 125 volts.
    (5) The line voltage shall be increased to 120 percent of nominal 
rated voltage to cover power line voltage variations.
    (6) In investigations of alternating current circuits a minimum of 
5,000 make-break sparks will be produced in each test.
    (d) The design of intrinsically safe circuits shall preclude 
extraneous voltages caused by insufficient isolation or inductive 
coupling. The investigation shall determine the effect of ground faults 
where applicable.
    (e) Identification markings: Circuits and components of 
intrinsically safe equipment and devices shall be adequately identified 
by marking or labeling. Battery-powered equipment shall be marked to 
indicate the manufacturer, type designation, ratings, and size of 
batteries used.



Sec. 18.69  Adequacy tests.

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



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



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

    (a) A machine may be a new assembly, or a machine rebuilt to perform 
a service that is different from the original function, or a machine 
converted from nonpermissible to permissible status, or a machine 
converted from direct- to alternating-current power or vice versa. 
Properly identified components that have been investigated and accepted 
for application on approved machines will be accepted in lieu of 
certified components.
    (b) A single layout drawing (see Figure 1 in Appendix II) or 
photographs will be acceptable to identify a machine that was assembled 
with certified or explosion-proof components. The following information 
shall be furnished:
    (1) Overall dimensions.

[[Page 108]]

    (2) Wiring diagram.
    (3) List of all components (see Figure 2 in Appendix II) identifying 
each according to its certification number or the approval number of the 
machine of which the component was a part.
    (4) Specifications for:
    (i) Overcurrent protection of motors.
    (ii) All wiring between components, including mechanical protection 
such as hose conduits and clamps.
    (iii) Portable cable, including the type, length, outside diameter, 
and number and size of conductors.
    (iv) Insulated strain clamp for machine end of portable cable.
    (v) Short-circuit protection to be provided at outby end of portable 
cable.
    (c) MSHA reserves the right to inspect and to retest any 
component(s) that had been in previous service, as it deems appropriate.
    (d) When MSHA has determined that all applicable requirements of 
this part have been met, the applicant will be authorized to attach an 
approval plate to each machine that is built in strict accordance with 
the drawings and specifications filed with MSHA and listed with MSHA's 
formal approval. A design of the approval plate will accompany the 
notification of approval. (Refer to Secs. 18.10 and 18.11.)
    (e) Approvals are issued only by Approval and Certification Center, 
Box 201B Industrial Park Road, Dallas Pike, Triadelphia, W. Va. 26049.

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



Sec. 18.81  Field modification of approved (permissible) equipment; application for approval of modification; approval of plans for modification before modification.

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

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



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

    (a) Application for permit. An application for a permit to use 
experimental electric face equipment in a gassy mine or tunnel will be 
considered only when submitted by the user of the equipment. The user 
shall submit a written application to the Assistant Secretary of Labor 
for Mine Safety and Health, 4015 Wilson Boulevard, Arlington, VA 22203, 
and send a copy to Approval and Certification Center, RR 1, Box 251, 
Industrial Park Road, Triadelphia, WV 26059.
    (b) Requirements--(1) Constructional. (i) Experimental equipment 
shall be so constructed that it will not constitute a fire or explosion 
hazard.
    (ii) Enclosures designed as explosion-proof, unless already 
certified, or components of previously approved (permissible) machines, 
shall be submitted to MSHA for inspection and test and shall meet the 
applicable design requirements of subpart B of this part. Components 
designed as intrinsically safe also shall be submitted to MSHA for 
investigation.
    (iii) MSHA may, at its discretion, waive the requirements for 
detailed drawings of component parts, inspections, and tests provided 
satisfactory evidence is submitted that an enclosure has been certified, 
or otherwise accepted by a reputable testing agency whose standards are 
substantially equivalent to those set forth in subpart B of this part.

[[Page 109]]

    (2) Specifications. The specifications for experimental equipment 
shall include a layout drawing (see Figure 1 in Appendix II) or 
photograph(s) with the components, including overcurrent-protective 
device(s) with setting(s) identified thereon or separately; a wiring 
diagram; and descriptive material necessary to insure safe operation of 
the equipment. Drawings already filed with MSHA need not be duplicated 
by the applicant, but shall be properly identified.
    (c) Final inspection. Unless equipment is delivered to MSHA for 
investigation, the applicant shall notify Approval and Certification 
Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059, when 
and where the experimental equipment will be ready for inspection by a 
representative of MSHA before installing it on a trial basis. Such 
inspection shall be completed before a permit will be issued.
    (d) Issuance of permit. When the inspection discloses full 
compliance with the applicable requirements of this subpart, the 
Assistant Secretary will issue a permit sanctioning the operation of a 
single unit in a gassy mine or tunnel, as designated in the application. 
If the applicant is not the assembler of the equipment, a copy of the 
permit also may be sent to the assembler.
    (e) Duration of permit. A permit will be effective for a period of 6 
months. For a valid reason, to be stated in a written application, the 
Administrator of MSHA may grant an extension of a permit for an 
additional period, not exceeding 6 months. Further extension will be 
granted only where, after investigation, the Assistant Secretary finds 
that for reasons beyond the control of the user, it has not been 
possible to complete the experiment within the period covered by the 
extended permit.
    (f) Permit label. With the notification granting a permit, the 
applicant will receive a photographic copy of a permit label bearing the 
following:
    (1) Emblem of the Mine Safety and Health Administration.
    (2) Permit number.
    (3) Expiration date of the permit.
    (4) Name of machine.
    (5) Name of the user and mine or tunnel.

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

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

                               Appendix I

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


      Table 1--Portable Power Cable Ampacities--600 Volts (Amperes Per Conductor Based on 60  deg.C. Copper
                                        Temperature--40  deg.C. Ambient)
----------------------------------------------------------------------------------------------------------------
                                                          2-          3-
                                            Single    conductor,  conductor,      4-          5-          6-
       Conductor size--AWG or MCM          conductor   round or    round or    conductor   conductor   conductor
                                                         flat        flat
----------------------------------------------------------------------------------------------------------------
8.......................................          45          40          35          30          25          20
6.......................................          60          50          50          40          35          30
4.......................................          85          70          65          55          45          35
3.......................................          95          80          75          65          55          45
2.......................................         110          95          90          75          65          55
1.......................................         130         110         100          85          75          65
1/0.....................................         150         130         120         100          90          80
2/0.....................................         175         150         135         115         105          95

[[Page 110]]

 
3/0.....................................         205         175         155         130         120         110
4/0.....................................         235         200         180         150         140         130
250.....................................         275         220         200         160  ..........  ..........
300.....................................         305         240         220         175  ..........  ..........
350.....................................         345         240         235         190  ..........  ..........
400.....................................         375         280         250         200  ..........  ..........
450.....................................         400         300         270         215  ..........  ..........
500.....................................         425         320         290         230  ..........  ..........
----------------------------------------------------------------------------------------------------------------


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


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


[[Page 111]]


                                                         Table 4--Nominal Diameters of Round Cables With Tolerances in Inches--600 Volts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      2-conductor                   3-conductor                                                  6-conductor
                                                                            ------------------------------------------------------------                                    --------------------
                                                                                                                                 Type      4-conductor--     5-conductor--
                   Conductor size--AWG or MCM                       Single    Types W              Type              Type PG,   PCG, 3      Types W & G       Types W & G
                                                                  conductor     & G    Type PG,   PCG, 3    Types W  3 power,  power, 2                                       Type w   Tolerance
                                                                              twisted   2 power   power,      & G     ground   control,
                                                                                                  ground                        ground
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
8...............................................................       0.44      0.81      0.84      0.94      0.91      0.93      1.03          0.99              1.07          1.18  plus-minu
                                                                                                                                                                                           s0.03
6...............................................................        .51       .93       .93       .98      1.01      1.03      1.18          1.10              1.21          1.31  plus-minu
                                                                                                                                                                                            s.03
4...............................................................        .57      1.08      1.08      1.10      1.17      1.20      1.29          1.27              1.40          1.52  plus-minu
                                                                                                                                                                                            s.03
3...............................................................        .63      1.17      1.17      1.20      1.24      1.27      1.31          1.34              1.48          1.61  plus-minu
                                                                                                                                                                                            s.03
2...............................................................        .66      1.27      1.27      1.29      1.34      1.34      1.39          1.48              1.61          1.75  plus-minu
                                                                                                                                                                                            s.03
1...............................................................        .74      1.44      1.44      1.44      1.51      1.52      1.52          1.68              1.88          2.05  plus-minu
                                                                                                                                                                                            s.03
1/0.............................................................        .77      1.52      1.52      1.52      1.65      1.68      1.68          1.79              1.96          2.13  plus-minu
                                                                                                                                                                                            s.04
2/0.............................................................        .82      1.65      1.65      1.65      1.75      1.79      1.79          1.93              2.13          2.32  plus-minu
                                                                                                                                                                                            s.04
3/0.............................................................        .87      1.77      1.77      1.77      1.89      1.93      1.93          2.07              2.26          2.49  plus-minu
                                                                                                                                                                                            s.05
4/0.............................................................        .93      1.92      1.92      1.92      2.04      2.13      2.13          2.26              2.46          2.71  plus-minu
                                                                                                                                                                                            s.05
250.............................................................       1.03      2.16      2.16      2.16      2.39      2.39      2.39          2.66      ................  ........  plus-minu
                                                                                                                                                                                            s.06
300.............................................................       1.09      2.32  ........  ........      2.56  ........  ........          2.84      ................  ........  plus-minu
                                                                                                                                                                                            s.06
350.............................................................       1.15      2.43  ........  ........      2.68  ........  ........          2.98      ................  ........  plus-minu
                                                                                                                                                                                            s.06
400.............................................................       1.20      2.57  ........  ........      2.82  ........  ........          3.14      ................  ........  plus-minu
                                                                                                                                                                                            s.06
450.............................................................       1.26      2.67  ........  ........      2.94  ........  ........          3.26      ................  ........  plus-minu
                                                                                                                                                                                            s.06
500.............................................................       1.31      2.76  ........  ........      3.03  ........  ........          3.40      ................  ........  plus-minu
                                                                                                                                                                                            s.06
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                     Table 5--Nominal Dimensions of Flat Cables With Tolerances in Inches--600 Volts
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    2-conductor                                             3-conductor--Type G
                                 -----------------------------------------------------------------------------------------------------------------------
                                                  Type W                                  Type G                         Major               Minor
       Conductor size--AWG       -----------------------------------------------------------------------------------------------------------------------
                                         Major               Minor               Major               Minor
                                 --------------------------------------------------------------------------------   O.D.   Tolerance    O.D.   Tolerance
                                    O.D.   Tolerance    O.D.   Tolerance    O.D.   Tolerance    O.D.   Tolerance
--------------------------------------------------------------------------------------------------------------------------------------------------------
8...............................     0.84  plus-minu     0.51  plus-minu  .......  .........  .......  .........  .......  .........  .......  .........
                                              s0.04               s0.03
6...............................      .93  plus-minu      .56  plus-minu     1.02  plus-minu     0.56  plus-minu     1.65  plus-minu     0.67  plus-minu
                                               s.04                s.03                s.04                s.03               s0.06               s0.05
4...............................     1.05  plus-minu      .61  plus-minu     1.15  plus-minu      .61  plus-minu     1.85  plus-minu      .75  plus-minu
                                               s.04                s.03                s.04                s.03                s.06                s.05
3...............................     1.14  plus-minu      .68  plus-minu     1.26  plus-minu      .68  plus-minu     1.99  plus-minu      .77  plus-minu
                                               s.04                s.03                s.04                s.03                s.06                s.05
2...............................     1.24  plus-minu      .73  plus-minu     1.35  plus-minu      .73  plus-minu     2.10  plus-minu      .81  plus-minu
                                               s.04                s.03                s.04                s.06                s.06                s.05
1...............................     1.40  plus-minu      .81  plus-minu     1.55  plus-minu      .81  plus-minu     2.43  plus-minu      .97  plus-minu
                                               s.04                s.03                s.04                s.03                s.06                s.05
1/0.............................     1.51  plus-minu      .93  plus-minu     1.67  plus-minu      .93  plus-minu  .......  .........  .......  .........
                                               s.04                s.03                s.04                s.03
2/0.............................     1.63  plus-minu      .99  plus-minu     1.85  plus-minu      .99  plus-minu  .......  .........  .......  .........
                                               s.04                s.03                s.04                s.03
3/0.............................     1.77  plus-minu     1.03  plus-minu     2.00  plus-minu     1.03  plus-minu  .......  .........  .......  .........
                                               s.04                s.03                s.04                s.03
4/0.............................     1.89  plus-minu     1.10  plus-minu     2.10  plus-minu     1.10  plus-minu  .......  .........  .......  .........
                                               s.04                s.03                s.04                s.03
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 112]]


                                                     Table 6--Nominal Diameters of Heavy Jacketed Cords With Tolerances In Inches--600 Volts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        2-conductor          3-conductor          4-conductor          5-conductor          6-conductor          7-conductor
                        Conductor size--AWG                        -----------------------------------------------------------------------------------------------------------------------------
                                                                    Diameter  Tolerance  Diameter  Tolerance  Diameter  Tolerance  Diameter  Tolerance  Diameter  Tolerance  Diameter  Tolerance
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
14................................................................      0.64  plus-minu      0.67  plus-minu      0.71  plus-minu      0.78  plus-minu      0.83  plus-minu      0.89  plus-minu
                                                                                 s0.02                s0.02                s0.02                s0.03                s0.03                s0.03
12................................................................       .68  plus-minu       .72  plus-minu       .76  plus-minu       .83  plus-minu       .89  plus-minu       .98  plus-minu
                                                                                  s.02                 s.03                 s.03                 s.03                 s.03                 s.03
10................................................................       .73  plus-minu       .80  plus-minu       .84  plus-minu       .90  plus-minu      1.00  plus-minu      1.07  plus-minu
                                                                                  s.03                 s.03                 s.03                 s.03                 s.03                 s.03
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 113]]


                    Table 7--Nominal Diameters of Three-Conductor Portable Power Cables With Tolerances in Inches--601 to 5,000 Volts
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Type G-GC        Type SHC-GC (shielded       Type SHD-GC            Type SHD-GC
                                                               (nonshielded) 2,000    overall) 2,000 volts      (individually          (individually
                                                                      volts         -----------------------     shielded power         shielded power
                 Conductor size--AWG or MCM                  -----------------------                          conductors) 2,001-     conductors) 3,001-
                                                                                                                 3,000 volts            5,000 volts
                                                              Diameter   Tolerance   Diameter   Tolerance  ---------------------------------------------
                                                                                                            Diameter   Tolerance   Diameter   Tolerance
--------------------------------------------------------------------------------------------------------------------------------------------------------
6...........................................................     1.25      +0.10, -     1.39      +0.11, -     1.62      +0.13, -     1.78      +0.14, -
                                                                               0.06                   0.07                   0.08                   0.09
4...........................................................     1.40    +.11, -.07     1.55    +.12, -.08     1.77    +.14, -.09     1.90    +.15, -.10
3...........................................................     1.48    +.12, -.07     1.62    +.13, -.08     1.84    +.15, -.09     1.98    +.16, -.10
2...........................................................     1.55    +.12, -.08     1.71    +.14, -.09     1.92    +.15, -.10     2.09    +.17, -.11
1...........................................................     1.74    +.14, -.09     1.89    +.15, -.09     2.04    +.16, -.10     2.18    +.17, -.11
1/0.........................................................     1.84    +.15, -.09     2.02    +.16, -.10     2.18    +.17, -.11     2.34    +.19, -.12
2/0.........................................................     1.99    +.16, -.10     2.16    +.17, -.11     2.29    +.18, -.12     2.46    +.20, -.12
3/0.........................................................     2.12    +.17, -.11     2.30    +.18, -.11     2.45    +.20, -.12     2.62    +.21, -.13
4/0.........................................................     2.30    +.18, -.12     2.48    +.20, -.12     2.62    +.21, -.13     2.76    +.22, -.14
250.........................................................     2.46    +.20, -.12     2.70    +.22, -.13  ........  ...........  ........  ...........
300.........................................................     2.63    +.21, -.13     2.84    +.23, -.14  ........  ...........  ........  ...........
350.........................................................     2.75    +.22, -.14     2.97    +.24, -.15  ........  ...........  ........  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------


 Table 8--Fuse Ratings or Instantaneous Setting of Circuit Breakers for
          Short-Circuit Protection of Portable Cables and Cords
------------------------------------------------------------------------
                                                              Maximum
                                                 Maximum     allowable
                                   Ohms/1,000   allowable     circuit
    Conductor size--AWG or MCM      ft. at 25     fuse        breaker
                                     deg.C.      rating    instantaneous
                                                (amperes)     setting
                                                           (amperes) \1\
------------------------------------------------------------------------
14...............................        2.62          20            50
12...............................        1.65          30            75
10...............................        1.04          40           150
8................................        .654          80           200
6................................        .410         100           300
4................................        .259         200           500
3................................        .205         250           600
2................................        .162         300           800
1................................        .129         375         1,000
1/0..............................        .102         500         1,250
2/0..............................        .081  ..........         1,500
3/0..............................        .064  ..........         2,000
4/0..............................        .051  ..........         2,500
250..............................        .043  ..........         2,500
300..............................        .036  ..........         2,500
350..............................        .031  ..........         2,500
400..............................        .027  ..........         2,500
450..............................        .024  ..........         2,500
500..............................        .022  ..........         2,500
------------------------------------------------------------------------
\1\ Higher circuit-breaker settings may be permitted for special
  applications when justified.


  Table 9--Specifications for Portable Cables Longer Than 500 Feet \1\
------------------------------------------------------------------------
                                                   Normal
                                                ampacity at   Resistance
                                       Max.      60  deg.C.     at 60
    Conductor size--AWG or MCM       allowable     copper       deg.C.
                                      length    temperature     copper
                                      (feet)    (40  deg.C.  temperature
                                                  ambient)      (ohms)
------------------------------------------------------------------------
6.................................         550           50        0.512
4.................................         600           70         .353
3.................................         650           80         .302
2.................................         700           95         .258
1.................................         750          110         .220
1/0...............................         800          130         .185
2/0...............................         850          150         .157
3/0...............................         900          175         .130
4/0...............................       1,000          200         .116
250...............................       1,000          220         .098
300...............................       1,000          240         .082
350...............................       1,000          260         .070
400...............................       1,000          280         .061
450...............................       1,000          300         .054
500...............................       1,000          320         .050
------------------------------------------------------------------------
\1\ 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.


[33 FR 4660, Mar. 19, 1968; 33 FR 6345, Apr. 26, 1968, as amended at 42 
FR 8373, Feb. 10, 1977]

                               Appendix II

                             LIST OF FIGURES
------------------------------------------------------------------------
 Figure
  No.                                 Title
------------------------------------------------------------------------
1......  Typical layout drawing of a machine.
2......  Sample bill of material (to accompany layout drawing shown on
          figure 1)
3......  Material to be included with the operating instructions on or
          with the wiring diagram submitted to each customer.
4......  Sample factory inspection form.
5......  Typical plane joint.
6......  Typical combination joint.
7......  Typical threaded joint.

[[Page 114]]

 
8......  Typical threaded straight stuffing box and packing gland lead
          entrance with provision for hose conduit.
9......  Typical slip-fit straight-type and angle-type stuffing box and
          packing gland lead entrance.
10.....  Typical slip-fit angle-type stuffing box and packing gland lead
          entrance and typical plug for spare lead entrance hole.
------------------------------------------------------------------------

          [GRAPHIC] [TIFF OMITTED] TC22OC91.024
          
                    Figure 2--Sample Bill of Material

                                                   B. of M. No. --------
                                                       Date ------------

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

                      Bill of Material (Electrical)

                                           (Manufacturing Company)      
Model:__________________________________________________________________
                                               (Unit Name)              
Approval 2G-____________________________________________________________
Motor:__________________________________________________________________
                                             (Manufacturing Company)    
Frame___________________________________________________________________
    ------ Hp., ------ Volts, ------ Ph.,
    ------ Cy., ------ R.P.M.
    X/P--------------------(Date).
    ------------(Date) Extension.
Starter:________________________________________________________________
                                             (Manufacturing Company)    
Model___________________________________________________________________
    -------Hp., -------Volts.
X/P_____________________________________________________________________
                                                                  (Date)
    ------------ Extension.
(Date)
Cable--Motor to Starter:
    Cond. No. ------, ------"
    O.D., ------' Long
Hose--Motor to Starter Cable:
    ------" I.D., ------" O.D., ------ ' Long
Portable (Trailing) Cable--
Type:___________________________________________________________________
    Cond. No. ------, ------"
    O.D., ------' Long
Hose--for Portable Cable:

[[Page 115]]

    ------" I.D., ------" O.D., ------' Long
Hose Clamps--
    2 for Motor-Starter Hose conduit ------" D
    1 for Portable Cable Hose conduit ----" D*

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

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

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

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

                                           (Manufacturing Company)      
Guard for Belt--
Material________________________________________________________________
    Overall Dimensions ------" Long  x  ------"
    Wide  x ------" High
    Note: The foregoing is intended as a guide. Additional electrical 
components used shall be completely identified.

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

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

                                 caution

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

                Figure 4--Sample Factory Inspection Form

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

                                 machine

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

                                  motor

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

                                 starter

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

                             portable cable

Manufacturer: ----------------------------------
Type: ------------ Conductors: --------------
Length: ------ O.D. ------ MSHA No. --------
Is all wiring around machine adequately protected from mechanical 
damage?
By hose conduit----------, Troughs______________________________________

[[Page 116]]

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

[GRAPHIC] [TIFF OMITTED] TC22OC91.015

[GRAPHIC] [TIFF OMITTED] TC22OC91.016

[GRAPHIC] [TIFF OMITTED] TC22OC91.017

[GRAPHIC] [TIFF OMITTED] TC22OC91.018


[[Page 117]]


[GRAPHIC] [TIFF OMITTED] TC22OC91.019


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



   Subpart E--Field Approval of Electrically Operated Mining Equipment

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



Sec. 18.90  Purpose.

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



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

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



Sec. 18.92  Quality of material and design.

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



Sec. 18.93  Application for field approval; filing procedures.

    (a)(1) Investigation and testing leading to field approval shall be 
undertaken by MSHA only pursuant to individual written applications for 
each machine submitted in triplicate on MSHA Form No. 6-1481, by the 
owner-coal mine operator of the machine.
    (2) Except as provided in paragraph (b) of this section, each 
application shall be accompanied by appropriate photographs, drawings, 
specifications, and descriptions as required under the provisions of 
Sec. 18.94 and each such application shall be filed with the Coal Mine 
Health and Safety District Manager for the District in which such 
machine will be employed.
    (b) The Coal Mine Health and Safety District Manager may, upon 
receipt of any application filed pursuant to paragraph (a) of this 
section, waive the requirements of Sec. 18.94 with respect to such 
application if he determines that the submission of photographs, 
drawings, specifications, or descriptions will place an undue financial 
burden upon the applicant. In the event a waiver is granted in 
accordance with this paragraph (b), initial review of the application 
will be waived and the applicant shall be notified on MSHA Form 6-1481 
of such waiver and the date, time, and location at which field 
inspection of the equipment described in the application will be 
conducted.

[[Page 118]]

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

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



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

    (a) Each application for field approval shall, except as provided in 
Sec. 18.93(b), include the following information with respect to the 
electrically operated machine for which field approval is sought:
    (1) The trade name and the certification number or other means of 
identifying any explosion-proof compartment or intrinsically-safe 
component installed on the machine for which a prior approval or 
certification has been issued under the provisions of Bureau of Mines 
Schedules 2D, 2E, 2F, or 2G.
    (2) The trade name and the flame-resistance acceptance or approval 
number of any cable, cord, hose, or conveyor belt installed on the 
machine for which prior acceptance or approval by MSHA has been issued.
    (b) Each application for field approval shall be accompanied by:
    (1) If the machine is constructed or assembled entirely from 
components which have been certified or removed from machines approved 
under Bureau of Mines Schedule 2D, 2E, 2F, or 2G, photographs or a 
single layout drawing which clearly depicts and identifies each of the 
permissible components and its location on the machine.
    (2) If the machine contains one or more components required to be 
permissible which has not been approved or certified under Bureau of 
Mines Schedule 2D, 2E, 2F, or 2G, a single layout drawing which clearly 
identifies all of the components from which it was assembled.
    (3) All applications shall include specifications for:
    (i) Overcurrent protection of motors;
    (ii) All wiring between components, including mechanical protection 
such as hose conduit and clamps;
    (iii) Portable trailing cable for use with the machine, including 
the type, length, diameter, and number and size of conductors;
    (iv) Insulated strain clamp for machine end of portable trailing 
cable;

[[Page 119]]

    (v) Short-circuit protection to be provided at outby end of portable 
trailing cable.

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



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

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



Sec. 18.96  Preparation of machines for inspection; requirements.

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



Sec. 18.97  Inspection of machines; minimum requirements.

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

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



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

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

[[Page 120]]

    (c) Welded joints forming an enclosure shall have continuous 
gastight welds.



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

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

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



PART 19--ELECTRIC CAP LAMPS--Table of Contents




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

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

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



Sec. 19.1  Purpose.

    (a) The purpose of investigations made under this part is to promote 
the development of electric cap lamps that may be used in mines, 
especially in mines that may contain dangerous concentrations of 
methane. Lists of such lamps will be published from time to time in 
order that State mine-inspection departments, compensation bureaus, mine 
operators, miners, and others interested in safe equipment for mines may 
have information in regard to available permissible electric cap lamps. 
This part supersedes Schedule 6C issued under date of December 21, 1935, 
and goes into effect August 26, 1939.
    (b) Any electric cap lamp that meets the requirements set forth in 
this part will be termed ``permissible'' by MSHA and, if actively 
marketed, will be listed as such in publications relating to permissible 
electric cap lamps. MSHA will test only electrical equipment that in the 
opinion of its qualified representatives is constructed of suitable 
materials, is of good quality workmanship, is based on sound engineering 
principles, and is safe for its intended use. MSHA reserves the right to 
modify design, construction, and test requirements to obtain the same 
degree of protection as provided by the tests described in this part.
    (c) Definition of permissible. Completely assembled and conforming 
in every respect with the design formally approved by the MSHA under 
this part. (Approvals under this part are given only to equipment for 
use in gassy and dusty mines.)

[[Page 121]]

    Note: Paragraph (b) of this section is issued under the authority of 
Sec. 101 of the Federal Mine Safety and Health Act of 1977, Pub. L. 91-
173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811). All 
other paragraphs in this section continue under the original authority.

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

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



Sec. 19.2  [Reserved]



Sec. 19.3  Applications.

    Before MSHA will undertake the active investigation leading to 
approval of any lamp the manufacturer shall make application by letter 
for an investigation leading to approval of his lamp. This application, 
in duplicate, accompanied by a check, bank draft, or money order, 
payable to U.S. Mine Safety and Health Administration, to cover all the 
necessary fees, shall be sent to Approval and Certification Center, RR 
1, Box 251, Industrial Park Road, Triadelphia, WV 26059, together with 
the required drawings, one complete lamp, and instructions for its 
operation.

[Supp. 1, 20 FR 2718, Apr. 23, 1955, as amended at 43 FR 12314, Mar. 24, 
1978; 60 FR 35693, July 11, 1995]



Sec. 19.4  Conditions governing investigations.

    (a) One complete lamp, with the assembly and detail drawings that 
show the construction of the lamp and the materials of which it is made, 
should be submitted at the time the application for test is made. This 
material should be sent prepaid to Approval and Certification Center, RR 
1, Box 251, Industrial Park Road, Triadelphia, WV 26059.
    (b) When this lamp has been inspected by MSHA, the applicant will be 
notified as to the amount of material that will be required for the 
tests. In general, the material required will be as follows: (1) Thirty 
complete lamps; (2) 500 bulbs; (3) 50 feet of cord; (4) a battery 
discharge rack for 20 batteries; and (5) a 50-bulb rack. Specifications 
for items (4) and (5) will be furnished by MSHA.
    (c) The applicant will be notified of the date on which the tests 
will start and will be given an opportunity to witness them.
    (d) Observers at formal investigations and demonstrations. No one 
shall be present during any part of the formal investigation conducted 
by MSHA which leads to approval for permissibility except the necessary 
Government personnel, representatives of the applicant, and such other 
persons as may be mutually agreed upon by the applicant and MSHA. Upon 
granting approval for permissibility, MSHA will announce that such 
approval has been granted to the device and may thereafter conduct, from 
time to time in its discretion, public demonstrations of the tests 
conducted on the approved device. Those who attend any part of the 
investigation, or any public demonstration, shall be present solely as 
observers; the conduct of the investigation and of any public 
demonstration shall be controlled by MSHA. Results of chemical analyses 
of material and all information contained in the drawings, 
specifications, and instructions shall be deemed confidential and their 
disclosure will be appropriately safeguarded by MSHA.
    (e) Permissibility tests will not be made unless the lamp has been 
completely developed and is in a form that can be marketed.
    (f) The results of the tests shall be regarded as confidential by 
all present at the tests and shall not be made public in any way prior 
to the formal approval of the lamp by MSHA.
    (g) No verbal report of approval or disapproval will be made to the 
applicant. After MSHA has considered the results of the tests, a formal 
report of the approval or disapproval will be made to the applicant in 
writing by Approval and Certification Center. The applicant shall not 
advertise the lamp as being permissible or as having passed the tests 
prior to receipt of formal notice of approval.

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

[[Page 122]]



Sec. 19.5  General requirements for approval.

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



Sec. 19.6  Specific requirements for approval.

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

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

    (b) Angle of light beam. MSHA recommends that the angle of the light 
beam be at least 130 degrees horizontally to insure that the contrast 
edge of the beam is away from the more sensitive sector of the wearer's 
vision; however, to allow for manufacturing and assembly tolerances and 
the use of multiple filament bulbs, MSHA will approve lamps giving a 
minimum beam angle of 120 degrees. If the bulb has more than one major 
filament, the one giving the smaller angle will be used in the 
determination.
    (c) Light distribution, visual. Excepting special headpieces for 
inspection purposes, the area illuminated by the beam shall be free from 
sharp gradations in light intensity and spectral shadows.
    (d) Light distribution, photometric. (1) Excepting special 
headpieces for inspection purposes, the maximum candlepower of the light 
beam shall not be greater than 25 times the average or mean candlepower 
of the beam. 3 0
---------------------------------------------------------------------------

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

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



Sec. 19.7  Protection against explosion hazard.

    Unless properly designed, electric cap lamps may present two sources 
of probable explosion hazards: Ignition of an explosive atmosphere by 
the heated filament of the bulb in case the bulb glass is accidentally 
broken, and ignition by sparks or flashes from the battery. MSHA 
therefore requires the following safeguards:
    (a) Safety device or design. The headpiece shall have a safety 
device to prevent the ignition of explosive mixtures of methane and air 
if the bulb glass surrounding the filament is broken. Alternatively, if 
the lamp is designed and constructed to prevent the ignition of 
explosive mixtures of methane and air by protecting the bulb from 
breakage and preventing exposure of the hot filament, no safety device 
is required.
    (b) Headpiece lock or seal. The headpiece shall be provided with a 
lock or seal to prevent unauthorized removal of the lens and tampering 
with the safety device, the bulb, or the electrical contacts.
    (c) Locks on charging terminals. Lamps shall be equipped with a 
magnetic or other equally effective lock at the battery, the headpiece, 
or the cord assembly to prevent unauthorized access to live charging 
terminals.
    (d) Protection of battery terminals. The battery covers of lamps 
that are recharged through the cord shall be so

[[Page 123]]

constructed and assembled as to prevent unauthorized access to the 
battery terminals.
    (e) Battery current restricted. The amount of current flow between 
the conductors of the cord, if short-circuited just outside of the 
battery casing or cord armor, shall be limited by the design of the 
battery or by a fuse to such a value\4\ as will not produce sparks that 
will ignite an explosive mixture of methane and air.
---------------------------------------------------------------------------

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

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

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

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



Sec. 19.8  Protection against bodily hazard.

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



Sec. 19.9  Performance.

    In addition to the general design and the safety features, MSHA 
considers that a lamp of permissible type should meet certain minimum 
requirements with respect to performance, as follows:
    (a) Time of burning and candlepower. Permissible electric cap lamps 
shall burn for at least 10 consecutive hours on one charge of the 
battery and shall give during that period a mean candlepower of light 
beam of not less than 1.
    (b) Bulb life. The average life of the bulbs shall be not less than 
200 hours, and at least 92 percent of the bulbs shall have a life of 150 
hours. The life of a bulb is the number of hours its main filament will 
burn in the cap lamp or its equivalent.
    The life of a bulb having main filaments in parallel is considered 
ended when the first filament ceases to burn; the life of a bulb having 
independent main filament is considered ended when the last filament 
ceases to burn.
    (c) Bulb uniformity. (1) The bulbs submitted shall meet the 
following minimum requirements for variation in current consumption and 
candlepower:
    (2) The current consumption of at least 94 percent of the bulbs 
shall not exceed the average current by more than 6 percent. The 
candlepower (s. cp.) of at least 90 percent of the bulbs shall not fall 
short of the average candlepower by more than 30 percent.
    (d) Corrosion of contacts. Battery terminals and leads therefrom, as 
well as the battery gas vents, shall be designed to minimize corrosion 
of the electrical contacts.

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



Sec. 19.10  Material required for MSHA records.

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

[[Page 124]]

used in the tests will be retained as a permanent record of the 
investigation and of the lamps submitted.
    (2) If the lamp is approved, MSHA will require the manufacturer, as 
soon as his first manufactured lamps are available, to submit one 
complete lamp, bearing the approval plate, as a record of his commercial 
product.



Sec. 19.11  How approvals are granted.

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

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



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

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

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



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

    All approvals are granted with the understanding that the 
manufacturer will make his lamp according to the drawings which he has 
submitted to MSHA and which have been considered and included in the 
approval. Therefore, when he desires to make any change in the design of 
the lamp, he should first of all obtain MSHA's approval of the change. 
The procedure is as follows:
    (a) The manufacturer shall write to Approval and Certification 
Center, RR 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.
    (b) MSHA will consider the application and inspect the drawings and 
parts to determine whether it will be necessary to make any tests.
    (c) If no tests are necessary, the applicant will be advised of the 
approval or disapproval of the change by letter from MSHA.
    (d) If tests are judged necessary, the applicant will be advised of 
the material that will be required.

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

[[Page 125]]



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




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

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

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



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

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



Sec. 20.1  Purpose.

    (a) The purpose of the investigations made under this part is to aid 
in the development and use of electric lamps, other than standard cap 
lamps, that may be used in mines, especially in mines that may contain 
dangerous proportions of methane.
    (b) This part supersedes Schedule 10B, issued under date of June 1, 
1932, and Schedule 11A, issued under date of January 13, 1936, and goes 
into effect May 17, 1938.
    (c)(1) Electric lamps and flashlights that meet the requirements set 
forth in this part will be termed ``permissible'' by MSHA, and if 
actively marketed will be listed as such in publications relating to 
permissible equipment, in order that State mine inspection departments, 
compensation bureaus, mine operators, miners, and others interested in 
safety equipment for mines may have information in regard to electric 
lamps and flashlights approved by MSHA.
    (2) MSHA May approve electric lamps and flashlights that incorporate 
technology for which the requirements of this part are not applicable if 
MSHA determines by testing that the electric lamps or flashlights are as 
safe as those which meet the requirements of this part.

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



Sec. 20.2  Definitions.

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

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



Sec. 20.3  Applications.

    Before MSHA will undertake the active investigation leading to 
approval of any lamp, the manufacturer shall make application by letter 
for an investigation of his lamp. This application, in duplicate, 
accompanied by a check, bank draft, or money order, payable to the U.S. 
Mine Safety and Health Administration, to cover all the necessary fees, 
shall be sent to Approval and Certification Center, RR 1, Box 251, 
Industrial Park Road, Triadelphia, WV 26059, together with the required 
drawings, one complete

[[Page 126]]

lamp, and instructions for its operation.

[Supp. 1, 20 FR 2718, Apr. 23, 1955, as amended at 43 FR 12314, Mar. 24, 
1978; 60 FR 35693, July 11, 1995]



Sec. 20.4  [Reserved]



Sec. 20.5  Conditions governing investigations.

    (a) One complete lamp, with assembly and detail drawings that show 
the construction of the lamp and the materials of which it is made, 
should be submitted at the time the application for investigation is 
made. This material should be sent prepaid to Approval and Certification 
Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059.
    (b) When the lamp has been inspected by MSHA, the applicant will be 
notified as to the amount of material that will be required for the 
test. He will also be notified of the date on which the tests will start 
and will be given an opportunity to witness the tests.
    (c) Observers at formal investigations and demonstrations. No one 
shall be present during any part of the formal investigation conducted 
by MSHA which leads to approval for permissibility except the necessary 
Government personnel, representatives of the applicant, and such other 
persons as may be mutually agreed upon by the applicant and MSHA. Upon 
granting approval for permissibility, MSHA will announce that such 
approval has been granted to the device and may thereafter conduct, from 
time to time in its discretion, public demonstrations of the tests 
conducted on the approved device. Those who attend any part of the 
investigation, or any public demonstration, shall be present solely as 
observers; the conduct of the investigation and of any public 
demonstration shall be controlled by MSHA. Results of chemical analyses 
of material and all information contained of material and all 
information contained in the drawings, specifications, and instructions 
shall be deemed confidential and their disclosure will be appropriately 
safeguarded by MSHA.
    (d) Permissibility tests will not be made unless the lamp is 
complete and in a form that can be marketed.
    (e) The results of the tests shall be regarded as confidential by 
all present at the tests and shall not be made public in any way prior 
to the formal approval of the lamp by MSHA.
    (f) No verbal report of approval or disapproval will be made to the 
applicant. Approval will be made only in writing by MSHA. The applicant 
shall not be free to advertise the lamp as being permissible, or as 
having passed the tests, prior to receipt of formal notice of approval.

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



Sec. 20.6  General requirements.

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



Sec. 20.7  Specific requirements.

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



Sec. 20.8  Class 1 lamps.

    (a) Protection against explosion hazards. Unless properly designed, 
class 1 lamps present two sources of probable explosion hazards: 
Ignition of an explosive atmosphere by the heated filament

[[Page 127]]

of the bulb in case the bulb glass is accidentally broken, and ignition 
by electric sparks or arcs from the battery or connections thereto. 
MSHA's therefore, requires the following safeguards:
    (1) Safety device or design. The lighting unit shall have a safety 
device to prevent the ignition of explosive mixtures of methane and air 
if the bulb glass surrounding the filament is broken. Alternatively, if 
the lamp is designed and constructed of materials that will prevent the 
ignition of explosive mixtures of methane and air by protecting the bulb 
from breakage and preventing exposure of the hot filament, no separate 
safety device is required. Alternative designs will be evaluated by 
mechanical impact tests, temperature tests and thermal shock tests to 
determine that the protection provided is no less effective than a 
safety device.
    (2) Safety device (protection). The design of the safety device and 
the housing which protects it shall be such that the action of the 
safety device is positive; yet the lamp shall not be too readily 
extinguished during normal service by the unnecessary operation of the 
device.
    (3) Locks or seals. For lamps other than flashlights, all parts, 
such as bulb housing and battery container, through which access may be 
had to live terminals or contacts shall be adequately sealed or equipped 
with magnetic or other equally reliable locks to prevent opening by 
unauthorized persons. For flashlights, provision shall be made for 
sealing the battery container.
    (4) Battery current restricted. Unless all current-carrying parts 
including conductors, are adequately covered and protected by the sealed 
or locked compartments, the maximum possible current flow through that 
part shall be limited by battery design, or by an enclosed-type fuse 
inside the sealed or locked container, to values that will not produce 
sparks or arcs sufficient to ignite an explosive mixture of methane and 
air.
    (b) Protection against bodily hazard. This hazard is chiefly due to 
the possible burning of the user by electrolyte spilled from the 
battery. MSHA, therefore, requires that:
    (1) Spilling of electrolyte. The lamp shall be so designed and 
constructed that when properly filled the battery will neither leak nor 
spill electrolyte under conditions of normal use. Lamps passing a 
laboratory spilling test will be considered satisfactory in this 
respect, contingent upon satisfactory performance in service.
    (2) Corrosion of battery container. The material of which the 
container is made shall resist corrosion under conditions of normal use.

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



Sec. 20.9  Class 2 lamps.

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

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

    (3) Glass-enclosed parts of such compartments must be guarded and be 
of extra-heavy glass to withstand pick blows, and be adequately 
protected by shrouds or by an automatic cut-out that opens the lamp 
circuit if the enclosure is broken.
    (4) When an explosion-proof enclosure consists of two or more parts 
that are held together securely by bolts or some suitable means to 
permit assembly, the flanges comprising the joints between parts shall 
have surfaces with metal-

[[Page 128]]

to-metal contact, except enclosures requiring glass, in which case 
glass-to-metal joints are permitted. Gaskets, if adequate, may be used 
to obtain a firm seat for the glass but not elsewhere. Rubber, putty, 
and plaster of paris are not acceptable as material for gaskets. For 
enclosures having an unoccupied volume (air space) of more than 60 cubic 
inches the width of the joint measured along the shortest flame path 
from the inside to the outside of the enclosure shall not be less than 1 
inch. When the unoccupied volume (air space) is less than 60 cubic 
inches, this path shall not be less than three-fourths inch.
    (b) Locks and seals (lighting attachment). Explosion-proof 
compartments shall be equipped with seals or locks that prevent 
unauthorized and unsafe opening of the compartments in a mine.
    (c) Locks or seals (battery). The battery shall be enclosed in a 
locked or sealed container that will prevent exposure of live terminals.
    (d) Temperature of lamp. The temperature of the lamp under 
conditions of use shall not be such that a person may be burned in 
handling it.
    (e) Cable and connection. (1) The cable or cord connecting the lamp 
to its battery shall be of high-grade design and materials, comparable 
to the specially recommended trailing cables as listed by MSHA, and 
shall be not more than 15 feet in length.
    (2) The cable (or cord) shall be adequately protected at the battery 
end by a fuse in the locked battery box or housing. The cable (or cord) 
and the fuse shall be considered parts of the lamp, and specifications 
for them shall be submitted by the lamp manufacturer.
    (3) The method of terminating the cable (or cord) at the lamp and at 
the battery housing shall be adequate, but in no case shall the cable or 
cord be detachable.

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



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

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



Sec. 20.11  Material required for MSHA records.

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



Sec. 20.12  How approvals are granted.

    (a) All approvals are granted by official letter from MSHA. A lamp 
will be approved under this part only when the testing engineers judge 
that the lamp has met the requirements of this part and after MSHA's 
records concerning the lamp are complete, including manufacturer's 
drawings that show the lamp as it is to be made commercially. No verbal 
reports of MSHA's decision concerning the investigation will be

[[Page 129]]

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

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



Sec. 20.13  Approval plate.

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

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



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

    All approvals are granted with the understanding that the 
manufacturer will make the lamp according to the drawings submitted to 
MSHA, which have been considered and included in the approval. 
Therefore, when the manufacturer desires to make any change in the 
design of the lamp, the manufacturer should first obtain an extension of 
the original approval to cover the change. The procedure is as follows:
    (a) The manufacturer shall write to the Approval and Certification 
Center, RR 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.
    (b) MSHA will consider the application and inspect the drawings and 
parts to determine whether it will be necessary to make any tests.
    (c) If no tests are necessary, the applicant will be advised of the 
acceptance or rejection of the proposed change by letter from MSHA.
    (d) If tests are judged necessary, the applicant will be advised of 
the material that will be required.

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



PART 22--PORTABLE METHANE DETECTORS--Table of Contents




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

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

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

[[Page 130]]



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

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



Sec. 22.1  Purpose.

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



Sec. 22.2  Definitions.

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

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



Sec. 22.3  [Reserved]



Sec. 22.4  Applications.

    Before MSHA will undertake the active investigation leading to 
approval of any methane detector, the manufacturer shall make 
application by letter for an investigation leading to approval of his 
detector. This application, in duplicate, accompanied by a check, bank 
draft, or money order, payable to the U.S. Mine Safety and Health 
Administration, to cover all the necessary fees, shall be sent to 
Approval and Certification Center, RR 1, Box 251, Industrial Park Road, 
Triadelphia, WV 26059, together with the required drawings, one complete 
detector, and instructions for its operation.

[Supp. 1, 20 FR 2575, Apr. 19, 1955, as amended at 43 FR 12315, Mar, 24. 
1978; 60 FR 35694, July 11, 1995]



Sec. 22.5  Conditions governing investigations.

    (a) One complete detector, with assembly and detail drawings that 
show the construction of the device and the materials of which it is 
made, should be forwarded prepaid to Approval and Certification Center, 
RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059, at the time 
the application for tests is made.
    (b) When this has been inspected by MSHA, the applicant will be 
notified as to the amount of material that will be required for the 
tests. The manufacturer will be notified of the date on which the tests 
will be started and will be given an opportunity to witness the tests.
    (c) Observers at formal investigations and demonstrations. No one 
shall be present during any part of the formal investigation conducted 
by MSHA which leads to approval for permissibility except the necessary 
Government personnel, representatives of the applicant, and such other 
persons as may be mutually agreed upon by the applicant and MSHA. Upon 
granting approval for permissibility, MSHA will announce that such 
approval has been granted to the device and may thereafter conduct, from 
time to time in its discretion, public demonstrations of the tests 
conducted on the approved device. Those who attend any part of the 
investigation, or any public demonstration, shall be present solely as 
observers; the conduct of the investigation and of any public 
demonstration shall be controlled by MSHA. Results of chemical analyses 
of material and all information contained in the drawings, 
specifications, and instructions shall

[[Page 131]]

be deemed confidential and their disclosure will be appropriately 
safeguarded by MSHA.

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



Sec. 22.6  General requirements.

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



Sec. 22.7  Specific requirements.

    (a) Design. In the determination of adequacy of design, the 
following points will be considered: (1) Materials used, (2) 
construction, (3) accuracy, (4) size and shape, (5) range of detection 
(or indication), (6) life of the active parts, and (7) attention 
required. The suitability of the materials and the construction shall be 
determined by preliminary inspection, by dropping tests, by laboratory 
and field tests in gas and air mixtures, and by the general behavior of 
the equipment during the investigation.
    (b) Safety against explosion hazard--(1) Detectors. Detectors shall 
be constructed so that they will not cause external ignitions when used 
in gaseous mine atmospheres.
    (2) Seals or locks. All parts through which external ignitions might 
result shall be covered and protected adequately. All covers shall be 
sealed adequately or equipped with magnetic or other equally reliable 
locks to prevent their being opened by unauthorized persons.
    (3) Glasses. Glasses or glass windows shall be of good-quality glass 
and protected adequately against breakage. Unguarded windows may be 
considered adequate in this respect, provided they are of small diameter 
and are of reasonably thick glass.
    (4) Battery. If the detector is equipped with a battery, it shall be 
of such design that it will not produce sparks that will ignite an 
explosive mixture of methane and air.
    (5) Detectors of the flame type. Methane detectors of the flame type 
shall be subject to the requirements of the flame-lamp schedule then in 
force.
    (c) Safety against bodily hazard. Bodily hazard with battery-type 
detectors is due chiefly to possible burning of the user by electrolyte 
that has spilled from the battery. MSHA, therefore, requires that:
    (1) Spilling of electrolyte. The battery shall be so designed and 
constructed that when properly filled it will not spill electrolyte 
under actual service conditions.
    (2) Corrosion of battery container. The material of which the 
container is made shall resist corrosion under conditions of use.
    (d) Performance. In addition to the general design and safety 
features, MSHA considers that permissible types of methane detectors 
should meet certain minimum requirements with respect to their 
performance, as follows:
    (1) Detectors. (i) When the detector is operated according to the 
manufacturer's instructions, it shall be possible to detect at least 1 
percent methane in air, and increasing percentages up to 5 percent shall 
be shown by continuously increasing evidence.
    (ii) The average number of determinations that may be made in 
approximately 2-percent methane mixtures without recharging a battery or 
replacing a chemical accessory shall not be less than 25, and the 
average number of such determinations that may be made without replacing 
any other part shall be not less than 100.
    (2) Indicating detectors. Indicating detectors shall give 
indications of as low as 0.25 percent methane. Detectors having an upper 
scale limit of 2 percent may be approved, but it is recommended that the 
detector be designed to give indications of as high as 4 percent 
methane. The indications for these percentages shall be within the 
limits of error specified in the following table:

[[Page 132]]



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

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



Sec. 22.8  Material required for MSHA records.

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



Sec. 22.9  How approvals are granted.

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

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



Sec. 22.10  Approval plate.

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

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

    (2) When deemed necessary, an appropriate caution statement shall be

[[Page 133]]

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

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



Sec. 22.11  Instructions on handling future changes in design.

    All approvals are granted with the understanding that the 
manufacturer will make the detector according to the drawings submitted 
to MSHA which have been considered and included in the approval. 
Therefore, when the manufacturer desires to make any changes in the 
design, the manufacturer should first obtain MSHA's approval of the 
change. The procedure is as follows:
    (a) The manufacturer should write to Approval and Certification 
Center, RR 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.
    (b) MSHA will consider the application and inspect the drawings and 
parts to determine whether it will be necessary to make any tests.
    (c) If no tests are necessary, the applicant will be advised of the 
approval or disapproval of the change by letter from MSHA.
    (d) If tests are judged necessary, the applicant will be advised of 
the material that will be required.

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



PART 23--TELEPHONES AND SIGNALING DEVICES--Table of Contents




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

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

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



Sec. 23.1  Purpose.

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

[[Page 134]]



Sec. 23.2  Definitions.

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

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



Sec. 23.3  Applications.

    Before MSHA will undertake the active investigation leading to 
approval of any telephone or signaling service, the manufacturer shall 
make application by letter for an investigation leading to approval of 
his device. This application in duplicate, accompanied by a check, bank 
draft, or money order, payable to the U.S. Mine and Safety and Health 
Administration, to cover all the necessary fees, shall be sent to 
Approval and Certification Center, Box 201B, Industrial Park Road, 
Dallas Pike, Triadelphia, W. Va. 26059 together with the required 
drawings, one complete telephone or signaling device, and instructions 
for its operation.

[Supp. 1, 20 FR 2975, May 4, 1955, as amended at 43 FR 12315, Mar. 24, 
1978; 47 FR 14696, Apr. 6, 1982; 60 FR 33723, June 29, 1995]



Sec. 23.4  [Reserved]



Sec. 23.5  Conditions governing investigations.

    (a) One complete device together with assembly and detail drawings 
that show its construction and the materials of which the parts are 
made, shall be submitted preferably at the time the application for test 
is made. These shall be sent prepaid to Approval and Certification 
Center, Box 201B Industrial Park Road, Dallas Pike, Triadelphia, W. Va. 
26059.
    (b) After the device has been inspected by MSHA, the applicant will 
be notified as to the amount of material that he will be required to 
supply for the tests and of the date on which testing will be started.
    (c) Observers at formal investigations and demonstrations. No one 
shall be present during any part of the formal investigation conducted 
by MSHA which leads to approval for permissibility except the necessary 
Government personnel, representatives of the applicant, and such other 
persons as may be mutually agreed upon by the applicant and MSHA. Upon 
granting approval for permissibility, MSHA will announce that such 
approval has been granted to the device and may thereafter conduct, from 
time to time in its discretion, public demonstrations of the tests 
conducted on the approved device. Those who attend any part of the 
investigation, or any public demonstration, shall be present solely as 
observers; the conduct of the investigation and of any public 
demonstration shall be controlled by MSHA. Results of chemical analyses 
of material and all information contained in the drawings, 
specifications, and instructions shall be deemed confidential and their 
disclosure will be appropriately safeguarded by MSHA.

[[Page 135]]

    (d) Formal tests will not be made unless the device has been 
completely developed and is in a form that can be marketed.
    (e) The results of the tests shall be regarded as confidential by 
all present at the tests and shall not be made public in any way prior 
to the formal approval of the device by MSHA.
    (f) No verbal report of approval or disapproval will be made to the 
applicant. After MSHA has considered the results of the inspections and 
tests, a formal written report of the approval or disapproval will be 
made to the applicant by MSHA. The applicant shall not advertise his 
device as being permissible or approved, or as having passed the tests, 
prior to receipt of the formal notice of approval.

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



Sec. 23.6  General requirements for approval.

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



Sec. 23.7  Specific requirements for approval.

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

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

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

[[Page 136]]

91 Stat. 1291 (30 U.S.C. 811). All other paragraphs in this section 
continue under the original authority.

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



Sec. 23.8  Inspection and tests.

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

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



Sec. 23.9  Special requirements for complete devices.

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



Sec. 23.10  Material required for MSHA records.

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



Sec. 23.11  How approvals are granted.

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

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

[[Page 137]]



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

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

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

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

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



Sec. 23.13  Withdrawal of approval.

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



Sec. 23.14  Instructions for handling future changes in design.

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

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



PART 26--LIGHTING EQUIPMENT FOR ILLUMINATING UNDERGROUND WORKINGS--Table of Contents




Sec.
26.1  Purpose.
26.2  Definitions.
26.3  Consultation.
26.4  Type of equipment that may be granted certificates of approval for 
          permissibility.
26.5  Components that may be certified.
26.6  [Reserved]
26.7  Tests and investigations.
26.8  Applications.
26.9  Specifications; all types of lighting systems.
26.10  Specifications; intrinsically safe lighting fixtures.
26.11  Specifications; explosion-proof lighting fixtures.
26.12  Specifications; cable connectors.
26.13  Specifications; portable cables.
26.14  Conduct of investigations and demonstrations.
26.15  Certificate of approval for permissibility.
26.16  Certification of components.
26.17  Approval plate for permissible lighting systems.
26.18  Markings for certified components.
26.19  Changes after certification.
26.20  Withdrawal of certification.


[[Page 138]]


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

    Source: Schedule 29A, 23 FR 9479, Dec. 6, 1958, unless otherwise 
noted.



Sec. 26.1  Purpose.

    The regulations in this part set forth the specifications and 
requirements for mine-lighting systems to procure their approval and 
certification as permissible for use in coal mines and certification of 
components for use in permissible lighting systems; procedures for 
applying for such certification.

[Schedule 29A, 23 FR 9479, Dec. 6, 1958, as amended at 52 FR 17515, May 
8, 1987]



Sec. 26.2  Definitions.

    As used in this part:
    (a) Permissible, as applied to mine-lighting systems, means that the 
system conforms to the specifications and requirements of this part, and 
that a certificate of approval to that effect has been issued.
    (b) Certificate of approval for permissibility means a formal 
document issued by MSHA stating that the system has met the 
specifications and requirements in this part and authorizing the use and 
attachment of an official approval plate.
    (c) Certification of components means a statement in a letter of 
certification issued by MSHA that the components which are intended for 
use in permissible mine-lighting systems have satisfied all of the 
applicable requirements prescribed in this part.
    (d) Lighting system means a complete assembly of all the components 
required to establish illumination, including the fixtures, wiring, 
connectors, circuit-protection devices, and any other related parts.
    (e) Incentive spark means an electric spark or arc capable of 
igniting flammable methane-air mixtures.
    (f) Intrinsically safe means a fixture, a combination of parts, or 
an electrical circuit that will not cause ignition of flammable methane-
air mixtures in any normal operation, during an intended manipulation, 
or when accidentally broken, if properly installed and supplied by a 
voltage that does not vary excessively from the nominal rating. (For the 
purpose of this part, the definition may include, for example, certain 
types of fluorescent lamps which when broken will not cause ignition of 
flammable methane-air mixtures.)
    (g) Fixture circuit means the circuit or wiring contained in the 
fixture enclosure.
    (h) Explosion-proof means capable of withstanding internal 
explosions of methane-air mixtures without damage to the enclosure or 
discharge of flame. For detailed requirements see Part 18 of this 
subchapter (Schedule 2F).
    (i) Explosion resistant means an enclosure not built to explosion-
proof specifications but capable of withstanding internal explosions of 
methane-air mixtures without igniting surrounding explosive methane-air 
mixtures, and without damage to the enclosure.
    (j) Drip-proof means so constructed or protected that the successful 
operation of a lighting fixture is not interfered with when it is 
subjected to falling moisture or dirt.
    (k) Distribution box means a portable enclosure in which one or more 
portable cables may be connected to a common source of electrical 
energy.
    (l) Normal operation means the performance of those functions for 
which the component was designed.
    (m) Portable cable means a flexible cable by means of which a 
portable lighting system may be connected to a source of electrical 
energy.
    (n) Frame ground means a connection through a separate conductor to 
all exposed metallic castings and other parts which will maintain the 
casings and components at ground potential.
    (o) Sectional unit means a lighting fixture that may be added to or 
removed from a lighting circuit as work advances or retreats.
    (p) MESA means the United States Department of the Interior, Mining 
Enforcement and Safety Administration. Predecessor organization to MSHA, 
prior to March 9, 1978.
    (q) MSHA means the United States Department of Labor, Mine Safety 
and Health Administration.
    (r) Applicant means an individual, partnership, company, 
corporation, association, or other organization that designs, 
manufactures, or assembles, and seeks certification, or preliminary

[[Page 139]]

testing of a lighting system or its components.

[Sched. 29A, 23 FR 9479, Dec. 6, 1958, as amended at 39 FR 24002, June 
28, 1974; 43 FR 12316, Mar. 24, 1978]



Sec. 26.3  Consultation.

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

[Sched. 29A, 23 FR 9479, Dec. 6, 1958, as amended at 43 FR 12316, Mar. 
24, 1978]



Sec. 26.4  Type of equipment that may be granted certificates of approval for permissibility.

    Certificates of approval for permissibility will be granted for 
completely assembled lighting systems only and not for individual parts 
or subassemblies. A certificate of approval for permissibility shall 
include all components, cables, and equipment used in other than fresh 
intake air, and also, necessary protective devices which may be housed 
in non-explosion-proof enclosures located in fresh intake air.



Sec. 26.5  Components that may be certified.

    Manufacturers of components that are designed for use in permissible 
mine-lighting systems may request MSHA to issue a letter certifying to 
the suitability of components for such use. To qualify for 
certification, components shall have satisfactorily met the prescribed 
inspection and test requirements, and the construction thereof shall be 
adequately covered by specifications officially recorded and filed by 
MSHA.



Sec. 26.6  [Reserved]



Sec. 26.7  Tests and investigations.

    Unless the application states otherwise, it will be presumed that a 
complete investigation for certification is desired. However, the 
application may be expressly limited to some element or phase less than 
a complete investigation. If the tests at any stage indicate that the 
lighting system does not conform to the specifications in this part, 
MSHA may treat the application as one for a partial investigation up to 
that point. Complete investigation for certification will not be 
undertaken unless the equipment has been fully developed, is ready to be 
marketed, and is submitted completely assembled, including parts, 
connectors, and all related materials.



Sec. 26.8  Applications.

    (a) No investigation or testing will be undertaken by MSHA except 
pursuant to a written application, in duplicate, accompanied by a check, 
bank draft, or money order, payable to the U.S. Mine Safety and Health 
Administration to cover the fees, and all prescribed drawings, 
specifications, and related material. The application and all related 
matters and all correspondence concerning it shall be sent to Approval 
and Certification Center, Box 201B Industrial Park Road, Dallas Pike, 
Triadelphia, W.Va. 26059.
    (b) The equipment to be tested may be shipped (charges prepaid) at 
the same time the application is submitted, or, at the option of the 
applicant, shipment of the equipment may be deferred until MSHA has 
notified the applicant that the application will be accepted.
    (c) Drawings and specifications shall be adequate in number and 
detail to identify fully the design of the device and to disclose its 
materials, detailed dimensions of all parts, and include a wiring 
diagram. Drawings must be numbered and dated to insure accurate 
identification and reference to records and must show the latest 
revision. Specifications must be given for materials, components, and 
subassemblies.

[Sched. 29A, 23 FR 9479, Dec. 6, 1958, as amended at 43 FR 12316, Mar. 
24, 1978]



Sec. 26.9  Specifications; all types of lighting systems.

    (a) MSHA will not test or investigate any lighting system that in 
its opinion is not constructed of suitable materials, that evidences 
faulty workmanship, or that is not designed upon

[[Page 140]]

sound engineering principles. In addition to any specifications or 
requirements imposed by the regulations in this part, MSHA may impose 
such further specifications or requirements as in its opinion are 
necessary or proper to investigate or test the particular device 
submitted.
    (b) Adequacy of design and construction will be determined in 
connection with the following factors: Kind and durability of materials, 
test of active parts, resistance to moisture, drop test, insulation 
measurements, durability of construction, practicality in operation, 
suitability for underground service, and performance characteristics 
during the investigation. 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 parts of equipment not 
specifically covered herein to determine the safety of such equipment 
with regard to explosion and fire hazards.
    (c) The following types of lighting fixtures will be considered: (1) 
Intrinsically safe, and (2) explosion proof.
    (d) All components must be designed and constructed in such a manner 
that they will not create an explosion or fire hazard.
    (e) All enclosures must be essentially of ``drip-proof'' design.
    (f) All fixtures and related components in a lighting system must be 
so designed that the temperature of external surfaces will not exceed 
390  deg.F. (200  deg.C.) at any point during continual operation.
    (g) No certificate of approval will be issued for a lighting system 
if the electrical pressure (difference of potential) of the power supply 
exceeds 300 volts direct current or 260 volts alternating current at the 
input terminals of any lighting fixture.
    (h) The clearances between live parts and casings shall be such as 
to minimize the possibility of electric arcs between them, or if space 
is limited, the casing shall be lined with adequate insulation.
    (i) Phenolic and other insulating materials that give off highly 
explosive gases when decomposed by heat, such as may be generated 
electrically, shall not be placed within enclosures where they might be 
subjected to destructive electrical arcing.
    (j) All lighting circuits shall be provided with short-circuit 
protection. If distribution boxes are used for this purpose, they must 
conform with all of the applicable requirements of Part 18 of this 
subchapter (Schedule 2F) unless these distribution boxes are installed 
in fresh intake air. The circuit of each lighting fixture shall be 
protected against excessive overload currents.
    (k) If an ungrounded system is used, which is electrically isolated 
from all other power circuits, fixtures and auxiliary equipment need not 
be frame grounded.
    (l) If a grounded system is used, all cables must contain a separate 
grounding conductor to insure that all exposed conducting materials in 
the system will not exceed ground potential. A device that will 
disconnect all power from the system in case of a ground fault will meet 
this requirement.
    (m) Power conductors must not be used for grounding.
    (n) Lighting systems and fixtures shall be designed for hanging from 
supports, so that cables or components are not permitted to rest on the 
mine floor.
    (o) All lighting fixtures must be provided with a lock or seal. Any 
other fastening that requires a special tool for its removal will be 
construed as an effective seal. In place of a conventional lock or seal, 
an electrical or mechanical interlock may be provided to prevent gaining 
access to the lamps with power on. Provision for removal of lamps 
without arcing or sparking will also be acceptable.
    (p) Lighting fixtures must be so designed that vibration will not 
shake the lamps loose from their sockets or holders.



Sec. 26.10  Specifications; intrinsically safe lighting fixtures.

    (a) Intrinsically safe lighting fixtures shall be so constructed 
that they will withstand being dropped five times from a height of five 
feet on an oak platform in the presence of explosive methane-air 
mixtures. (In these tests Pittsburgh natural gas may be substituted for 
methane.) The safety elements of the fixture must function so

[[Page 141]]

that no explosion or fire hazard exists at any time during or after the 
tests. (Breakage of a fluorescent lamp will not in itself constitute 
test failure.)
    (b) The fixture must be enclosed in an explosion-resistant housing 
that will afford mechanical protection and withstand a minimum of ten 
internal explosion tests in surrounding explosive atmospheres containing 
air with 7.0 to 10.0 percent of methane without (1) igniting the 
surrounding atmosphere, or (2) permanently distorting of any part of the 
fixture.
    (c) Plastic material used in place of glass for lighting fixtures 
must not create explosion, fire, or toxic hazards when subjected to 
normal maximum operating temperatures.



Sec. 26.11  Specifications; explosion-proof lighting fixtures.

    (a) All lighting fixtures that cannot be designed instrinsically 
safe shall be constructed strictly in accordance with the applicable 
requirements of Part 18 of this subchapter (Schedule 2F).
    (b) Transparent plastics used in place of glass shall be of the 
thickness required of glass and shall not crack or shatter when struck 
by dripping cold water.



Sec. 26.12  Specifications; cable connectors.

    (a) Connectors shall be constructed so as to afford a minimum of 
accessibility to live electrodes by any means other than the related 
plug.
    (b) The material of which cable connectors are made must be 
equivalent to the insulation on the cables with respect to flame-
resistant properties.
    (c) Cable connectors shall meet the following requirements:
    (1) A connector designed for a nominal 240-volt system shall be 
engaged and disengaged through 750 cycles under its rated load at 260 
volts alternating current at 80 percent power factor.
    (2) A connector designed for a nominal 120-volt system shall be 
engaged and disengaged through 750 cycles under its rated load at 130 
volts alternating current at 80 percent power factor.
    Note: The tests described in paragraphs (c) (1) and (2) of this 
section will be performed mechanically in the presence of explosive 
atmospheres containing air with 7.0 to 10.0 percent of methane. Ignition 
of the surrounding explosive atmosphere, destructive burning, 
distortion, and excessive temperature constitute failure.
    (3) Under normal load, no part of any cable connector shall attain a 
temperature in excess of 175  deg.F. during any of the prescribed tests.
    (4) At 260 volts impressed, one cable connector shall be subjected 
to a short-circuit test at the maximum capacity of a 5 KVA transformer. 
The connector components will be mechanically engaged with the cable on 
the male portion short circuited at the plug. A time lag fuse of the 
maximum current rating of the connector will be connected in the 
circuit.
    Note: The connector used for this test will be one already subjected 
to the cycling test described in paragraphs (c) (1) and (2) of this 
section.
    Fusing of the contacts will constitute a failure.
    (d) Cable connectors must be so designed that they will withstand a 
pull of 25 pounds without separating subsequent to the cycling tests 
described in paragraphs (c) (1) and (2) of this section.



Sec. 26.13  Specifications; portable cables.

    (a) All portable cables shall have 600-volt insulation and shall 
have an outer jacket that is highly resistant to abrasion, moisture, and 
heat. They shall meet the flame-resistance requirements of Part 18 of 
this subchapter (Schedule 2F).
    (b) The minimum conductor size acceptable for lighting circuits 
shall be No. 14 (AWG). In any case, cables must have conductors of a 
size equal to or greater than the National Electric Code standard. The 
current carrying capacity shall be based upon the maximum load that will 
be carried by the cables in normal service.



Sec. 26.14  Conduct of investigations and demonstrations.

    Prior to the issuance of a certificate of approval, necessary 
Government personnel, representatives of the applicant, and such other 
persons as may be mutually agreed upon, may observe the investigations 
or tests. After the issuance of a certificate of approval,

[[Page 142]]

MSHA may conduct such public demonstrations and tests of the approved 
system as it sees fit. The conduct of all investigations, tests, and 
demonstrations shall be under the sole direction and control of MSHA, 
and any other persons shall be present only as observers. MSHA shall 
hold as confidential and shall not disclose the results of chemical 
analyses of material or the contents of the application and its 
accompanying drawings, specifications, and related material.

[Sched. 29A, 23 FR 9479, Dec. 6, 1958, as amended at 39 FR 24002, June 
28, 1974]



Sec. 26.15  Certificate of approval for permissibility.

    (a) Upon completion of investigation of a lighting system, MSHA will 
issue to the applicant either a certificate of approval for 
permissibility or a written notice of disapproval, as the case may 
require. If a certificate of approval for permissibility 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 hold as confidential 
results of tests that terminate in a notice of disapproval.
    (b) A certificate of approval for permissibility will be accompanied 
by a list of the drawings and specifications covering the details of 
design and construction of the lighting system upon which the 
certificate is based, and with the official approval number marked 
thereon. Applicants shall keep exact duplicates of the drawings and 
specifications that have been submitted to MSHA and that relate to any 
system which has received a certificate of approval, and these are to be 
adhered to exactly in production of the approved system for commercial 
purposes.



Sec. 26.16  Certification of components.

    (a) Upon completion of investigation of a component intended for use 
in a permissible lighting system, MSHA will issue a letter of 
certification to the applicant, 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 hold as confidential 
results of tests that terminate in a notice of disapproval.
    (b) Letters certifying components may be cited to manufacturers or 
assemblers of permissible lighting systems as evidence that further 
inspection and tests of the components will not be required, provided 
they are constructed strictly in accordance with the specifications on 
file with MSHA. Such letters will specify a MSHA file number to be used 
in marketing a certified component, as indicated in paragraph (a) of 
Sec. 26.18. Since MSHA does not issue certificates of approval for 
permissibility except as applying to complete lighting systems, no 
person shall advertise or label components in a manner indicating that 
such components are certified as approved for permissibility by MSHA. 
Certified components may be advertised as suitable for application in 
permissible lighting systems.



Sec. 26.17  Approval plate for permissible lighting systems.

    (a) A certificate of approval for permissibility will be accompanied 
by a photograph of a design for an approval plate, bearing the emblem of 
the Mine Safety and Health Administration, space for the approval 
number, the type, the serial number, the class of device to which the 
approval relates, and the name of the applicant. When deemed necessary 
by MSHA, an appropriate statement of the precautions to be observed in 
maintaining the system in an approved condition shall be added.
    (b) The applicant shall reproduce the design either as a separate 
plate or by stamping or molding it in some suitable place on each 
lighting fixture of a certified system. The size, type, method of 
attaching and location of approval plates are subject to the approval of 
MSHA. The method of affixing the plate shall not impair the explosion-
proof or explosion-resistant features of any enclosure.
    (c) The approval plate identifies the lighting system as 
permissible, and is the applicant's guarantee that the system complies 
with the specifications

[[Page 143]]

and requirements in this part. Without an approval plate, no lighting 
system is considered ``permissible'' under the provisions of this part.
    (d) Use of the approval plate obligates the applicant to maintain 
the quality of the system which bears 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 systems that conform strictly with the 
drawings and specifications upon which the certificate of approval was 
based.

[Sched. 29A, 23 FR 9479, Dec. 6, 1958, as amended at 43 FR 12316, Mar. 
24, 1978]



Sec. 26.18  Markings for certified components.

    (a) Certified components shall bear permanent markings satisfactory 
to MSHA and shall contain the following:

Certified_______________________________________________________________
                                               (Name of component)      
MSHA File No____________________________________________________________

    Rating or caution statement, whichever is applicable.

    (b) Use of such markings obligates the applicant to maintain the 
quality of each component bearing it and guarantees that it is 
manufactured and assembled according to the drawings and specifications 
upon which certification was based. Use of such markings is not 
authorized except on components that conform strictly with the drawings 
and specifications upon which certification was based.



Sec. 26.19  Changes after certification.

    If an applicant desires to change any feature of a certified system 
or component and have it covered by existing certification, he shall 
first obtain MSHA's approval of the change, pursuant to the following 
procedures:
    (a) Application shall be made, as for an original certification, 
requesting that the existing certification be extended to cover the 
proposed change. The application shall be accompanied by drawings and 
specifications and related material as in the case of an original 
application.
    (b) The application will be examined by MSHA to determine whether 
inspection and testing of the modified system or component will be 
required. Generally, inspection and testing will be necessary if there 
is a possibility that the modification may affect adversely the 
performance of the system or component. MSHA will inform the applicant 
whether such inspection and testing is required and the parts or 
materials to be submitted for that purpose.
    (c) If the proposed modification meets the requirements and 
specifications of this part, a formal extension of the 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 
certificate.

[Schedule 29A, 23 FR 9479, Dec. 6, 1958, as amended at 52 FR 17515, May 
8, 1987]



Sec. 26.20  Withdrawal of certification.

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



PART 27--METHANE-MONITORING SYSTEMS--Table of Contents




                      Subpart A--General Provisions

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

             Subpart B--Construction and Design Requirements

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

                      Subpart C--Test Requirements

27.30  Inspection.
27.31  Testing methods.
27.32  Tests to determine performance of the system.

[[Page 144]]

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

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

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



                      Subpart A--General Provisions



Sec. 27.1  Purpose.

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

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



Sec. 27.2  Definitions.

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

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

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

[[Page 145]]

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

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



Sec. 27.3  Consultation.

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

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



Sec. 27.4  Applications.

    (a) No investigation or testing for certification will be undertaken 
by MSHA except pursuant to a written application, in duplicate, 
accompanied by all drawings, specifications, descriptions, and related 
materials and also a check, bank draft, or money order, payable to U.S. 
Mine Safety and Health Administration, to cover the fees. The 
application and all related matters and correspondence concerning it 
shall be addressed to Approval and Certification Center, RR 1, Box 251, 
Industrial Park Road, Triadelphia, WV 26059.
    (b) Drawings, specifications, and descriptions shall be adequate in 
detail to identify fully all components and subassemblies that are 
submitted for investigation, and shall include wiring and block 
diagrams. All drawings shall include title, number, and date; any 
revision dates and the purpose of each revision shall also be shown on 
the drawing.
    (c) For a complete investigation leading to certification, the 
applicant shall furnish all necessary components and material to MSHA. 
MSHA reserves the right to require more than one of each component, 
subassembly, or assembly for the investigation. Spare parts and 
expendable components, subject to wear in normal operation, shall be 
supplied by the applicant to permit continuous operation during test 
periods. The applicant shall furnish special tools necessary to assemble 
or disassemble any component or subassembly for inspection or test.
    (d) The applicant shall submit a plan of inspection of components at 
the place of manufacture or assembly. The applicant shall furnish to 
MSHA a copy of any factory-inspection form or equivalent with the 
application. The form shall direct attention to the points that must be 
checked to make certain that all components or subassemblies of the 
complete assembly are in proper condition, complete in all respects, and 
in agreement with the drawings, specifications, and descriptions filed 
with MSHA.
    (e) The applicant shall furnish to MSHA complete instructions for 
operating the assembly and servicing components. After completion of 
MSHA's investigation, and before certification, if any revision of the 
instructions is required, a revised copy thereof shall be submitted to 
MSHA for inclusion with the drawings and specifications.

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



Sec. 27.5  Letter of certification.

    (a) Upon completion of investigation of a methane-monitoring system, 
or

[[Page 146]]

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



Sec. 27.6  Certification of components.

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



Sec. 27.7  Certification plate or label.

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

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



Sec. 27.8  [Reserved]



Sec. 27.9  Date for conducting tests.

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



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

    MSHA shall hold as confidential and shall not disclose principles or 
patentable features, nor shall it disclose any details of drawings, 
specifications, or related materials. The conduct of all investigations, 
tests, and demonstrations shall be under the direction and control of 
MSHA, and any other persons shall be present only as observers, except 
as noted in paragraph (b) of this section.
    (a) Prior to the issuance of a letter of certification, necessary 
Government personnel, representatives of the applicant, and such other 
persons as are mutually agreed upon may observe the investigations or 
tests.
    (b) When requested by MSHA the applicant shall provide assistance in 
assembling or disassembling components, subassemblies, or assemblies for 
testing, preparing components, subassemblies, or assemblies for testing, 
and operating the system during the tests.
    (c) After the issuance of a letter of certification, MSHA may 
conduct such public demonstrations and tests of the certified methane-
monitoring system or components as it deems appropriate.

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

[[Page 147]]



Sec. 27.11  Extension of certification.

    If an applicant desires to change any feature of a certified system 
or component, he shall first obtain MSHA's approval of the change, 
pursuant to the following procedure:
    (a) 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.
    (b) The application will be examined by MSHA to determine whether 
inspection and testing of the modified system or component or of a part 
will be required. MSHA will inform the applicant whether testing is 
required and the component or components and related material to be 
submitted for that purpose.
    (c) If the proposed modification meets the requirements of this 
part, a formal extension of certification will be issued, accompanied by 
a list of revised drawings and specifications which MSHA has added to 
those already on file.

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



Sec. 27.12  Withdrawal of certification.

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



             Subpart B--Construction and Design Requirements



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

    (a) MSHA will test only equipment that, in its opinion, is 
constructed of suitable materials, is of good workmanship, is based on 
sound engineering principles, and is safe for its intended use. Since 
all possible designs, arrangements, or combinations of components cannot 
be foreseen, MSHA reserves the right to modify the construction and 
design requirements of components or subassemblies and the tests to 
obtain the degree of protection intended by the tests described in 
Subpart C of this part.
    (b) Unless otherwise noted, the requirements stated in this part 
shall apply to explosion-proof enclosures and intrinsically safe 
circuits.
    (c) All components, subassemblies, and assemblies shall be designed 
and constructed in a manner that will not create an explosion or fire 
hazard.
    (d) All assemblies or enclosures--explosion-proof or intrinsically 
safe--shall be so designed that the temperatures of the external 
surfaces, during continuous operation, do not exceed 150  deg.C. (302 
deg.F.) at any point.
    (e) Lenses or globes shall be protected against damage by guards or 
by location.
    (f) If MSHA determines that an explosion hazard can be created by 
breakage of a bulb having an incandescent filament, the bulb mounting 
shall be so constructed that the bulb will be ejected if the bulb glass 
enclosing the filament is broken.
    Note: Other methods that provide equivalent protection against 
explosion hazards from incandescent filaments may be considered 
satisfactory at the discretion of MSHA.



Sec. 27.21  Methane-monitoring system.

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

[[Page 148]]



Sec. 27.22  Methane detector component.

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



Sec. 27.23  Automatic warning device.

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



Sec. 27.24  Power-shutoff component.

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



                      Subpart C--Test Requirements



Sec. 27.30  Inspection.

    A detailed inspection shall be made by MSHA of the equipment and all 
components and functions related to

[[Page 149]]

safety in operation, which shall include:
    (a) Examining materials, workmanship, and design to determine 
conformance with paragraph (a) of Sec. 27.20.
    (b) Comparing components and subassemblies with the drawings and 
specifications to verify conformance with the requirements of this part.



Sec. 27.31  Testing methods.

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



Sec. 27.32  Tests to determine performance of the system.

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

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

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

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

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



Sec. 27.33  Test to determine explosion-proof construction.

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



Sec. 27.34  Test for intrinsic safety.

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



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

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



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

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



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

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

[[Page 150]]



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

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

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


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



Sec. 27.39  Tests to determine resistance to vibration.

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



Sec. 27.40  Test to determine resistance to dust.

    Components, subassemblies, or assemblies, the normal functioning of 
which might be affected by dust, such as coal or rock dust, shall be 
tested in an atmosphere containing an average concentration (50 million 
minus 40 micron particles per cubic foot) of such dust(s) for a 
continuous period of 4 hours. The component, subassembly, or assembly 
shall function normally after being subjected to this test.
    Note: Dust measurements, when necessary, shall be made by impinger 
sampling and light-field counting technique.



Sec. 27.41  Test to determine resistance to moisture.

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



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




                      Subpart A--General Provisions

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

                   Subpart B--Application for Approval

28.10  Application procedures.

                   Subpart C--Approval and Disapproval

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

[[Page 151]]

                       Subpart D--Quality Control

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

      Subpart E--Construction, Performance and Testing Requirements

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

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

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



                      Subpart A--General Provisions



Sec. 28.1  Purpose.

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



Sec. 28.2  Approved fuses.

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



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

    Approved fuses shall be installed and maintained in accordance with 
the specifications prescribed by the manufacturer of the fuses, and 
shall be selected and used in accordance with the standards prescribed 
for short-circuit protective devices for trailing cables in Parts 75 and 
77, Subchapter O of this chapter.



Sec. 28.4  Definitions.

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

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

[[Page 152]]



                   Subpart B--Application for Approval



Sec. 28.10  Application procedures.

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

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



                   Subpart C--Approval and Disapproval



Sec. 28.20  Certificates of approval; scope of approval.

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



Sec. 28.21  Certificates of approval; contents.

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



Sec. 28.22  Notice of disapproval.

    (a) If, upon completion of the evaluation by MSHA conducted in 
accordance with Sec. 28.10, it is determined that the fuse does not meet 
the minimum requirements set forth in this part, MSHA shall issue a 
written notice of disapproval to the applicant.

[[Page 153]]

    (b) Each notice of disapproval shall be accompanied by all available 
findings with respect to the defects of the fuse for which approval was 
sought with a view to the possible correction of any such defects.
    (c) MSHA shall not disclose, except to the applicant upon written 
request or when required by statute or regulation, any data, findings, 
or other information with respect to any fuse for which a notice of 
disapproval is issued.



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

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

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



Sec. 28.24  Revocation of certificates of approval.

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

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



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

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

[[Page 154]]



                       Subpart D--Quality Control



Sec. 28.30  Quality control plans; filing requirements.

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



Sec. 28.31  Quality control plans; contents.

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

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



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

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



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

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

[[Page 155]]



     Subpart E--Construction, Performance, and Testing Requirements



Sec. 28.40  Construction and performance requirements; general.

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

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



Sec. 28.41  Testing requirements; general.

    (a) The open circuit voltage of the test circuit shall be 300 volts 
d.c., or 600 volts d.c., depending on the voltage rating of the fuse 
being tested.
    (b) Time constant of the circuit (defined as T=L/R, where T is the 
time in seconds, L is the inductance in henries, and R is the resistance 
in ohms) shall be as follows:
    (1) For 10,000 amperes and greater currents, T=0.016 second or more;
    (2) For 1,000 amperes to 10,000 amperes, T=0.008 second or more;
    (3) For 100 amperes to 1,000 amperes, T=0.006 second or more; and
    (4) For less than 100 amperes, T=0.002 seconds or more.
    (c) Test currents shall be as follows:
    (1) 200 percent of rated current for fuses having 200 or less ampere 
rating, or 300 percent of rated current for fuses having greater than 
200 ampere rating;
    (2) 900 percent of rated current;
    (3) 10,000 amperes; and
    (4) 20,000 amperes.
    (d) The voltage shall continue to be applied for at least 30 seconds 
after completion of circuit interruption.
    (e) Five fuses of each case size shall be tested at each test 
current specified in paragraph (c) of this section, with the value of 
the fuse being the maximum value for the case size.
    (f) Three of each lot of five fuses shall be preconditioned at 
95plus-minus5 percent RH for not less than 5 days immediately 
prior to testing; and the other two fuses of each lot of five shall be 
preconditioned by heating to 90  deg.C. for 24 hours, and tested within 
1 hour after removal from the preconditioning chamber.
    (g) At least three of each lot of five fuses shall be tested in a 
fuse holder of a trolley-tap type, and the fuse holder shall remain 
intact and shall readily accept and retain a replacement fuse.



PART 29--PORTABLE COAL DUST/ROCK DUST ANALYZERS, AND CONTINUOUS DUTY, WARNING LIGHT, PORTABLE METHANE DETECTORS FOR USE IN COAL MINES--Table of Contents




                      Subpart A--General Provisions

Sec.
29.1  Purpose.
29.2  Approved portable coal dust/rock dust analyzers and continuous 
          duty, warning light, portable methane detectors.
29.3  Use and maintenance of approved portable coal dust/rock dust 
          analyzers and continuous duty, warning light, portable methane 
          detectors.

[[Page 156]]

29.4  Definitions.

                   Subpart B--Application for Approval

29.10  Application procedures.
29.11  Contents of application.
29.12  Delivery of analyzers and detectors by applicant; requirements.

                          Subpart C [Reserved]

                   Subpart D--Approval and Disapproval

29.30  Certificates of approval; scope of approval.
29.31  Certificates of approval; contents.
29.32  Notice of disapproval.
29.33  Approval labels and markings; approval of contents; use.
29.34  Revocation of certificates of approval.
29.35  Changes or modification of approved analyzers and detectors; 
          issuance of modification of certificate of approval.
29.36  Delivery of changed or modified approved analyzer or detector.

                       Subpart E--Quality Control

29.40  Quality control plans; filing requirements.
29.41  Quality control plans; contents.
29.42  Proposed quality control plans; approval by MSHA.
29.43  Quality control records; review by MSHA; revocation of approval.

      Subpart F--General Construction and Performance Requirements

29.50  Construction and performance requirements; general.
29.51  General construction requirements.
29.52  Component parts; minimum requirements.
29.53  Test requirements; general.
29.54  Pretesting by applicant.
29.55  Conduct of examinations, inspections, and tests by MSHA; 
          assistance by applicant; observers; recorded data; public 
          demonstrations.
29.56  Withdrawal of applications.

   Subpart G--Portable Coal Dust/Rock Dust Analyzers; Performance and 
                          Testing Requirements

29.60  Minimum performance requirements.
29.61  Testing requirements.
Table A--Specifications for Sampling Materials Used for Coal Dust/Rock 
          Dust Analyzer Testing (Percentages by Weight; Particle Size 
          plus-minus2 Percent)
Table B--Specifications for Standard Samples and Inspectors' Samples 
          Used for Coal Dust/Rock Dust Analyzer Testing (Percentages by 
          Weight with Allowable Variations of plus-minus2 
          Percent)

 Subpart H--Continuous Duty, Warning Light, Portable Methane Detectors; 
                  Performance and Testing Requirements

29.70  Minimum performance requirements.
29.71  Warning light; performance requirements.
29.72  Accessory quantitative meter; minimum requirements.
29.73  Operative period.
29.74  Calibration adaptors.
29.75  Visual indicator device.
29.76  Testing requirements.
Table C--Maximum and Minimum Limits of Error for Accessory Quantitative 
          Meters Installed on Continuous Duty, Warning Light, Portable 
          Methane Detectors

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

    Source: 37 FR 7565, Apr. 15, 1972, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 29.1  Purpose.

    The purpose of the regulations contained in this Part 29 is: (a) To 
establish procedures and prescribe requirements which must be met in 
filing applications for the approval of portable coal dust/rock dust 
analyzers for use in measuring the incombustible content of mine dusts, 
and the approval of continuous duty, warning light, portable methane 
detectors for use in providing a visual signal of the presence of a 
methane-air mixture having a methane concentration of 1.0 percent 
plus-minus0.2 percent, or the approval of changes and 
modifications of approved portable coal dust/rock dust analyzers and 
continuous duty, warning light, portable methane detectors; (b) to 
specify minimum performance requirements and to prescribe methods to be 
employed in conducting inspections, examinations, and tests to determine 
the effectiveness of these instruments; and (c) to provide for the 
issuance of certificates of approval or modifications of certificates of 
approval for portable coal dust/rock dust analyzers and continuous duty, 
warning light, portable methane detectors which have met the minimum 
requirements for performance set forth in this part.

[[Page 157]]



Sec. 29.2  Approved portable coal dust/rock dust analyzers and continuous duty, warning light, portable methane detectors.

    On and after the effective date of this part, portable coal dust/
rock dust analyzers and continuous duty, warning light, portable methane 
detectors shall be considered to be approved for use in coal mines where 
such instruments are: (a) The same in all respects as those portable 
coal dust/rock dust analyzers and continuous duty, warning light, 
portable methane detectors which have been approved as meeting the 
minimum requirements for performance prescribed in this Part 29; and (b) 
maintained in an approved condition.



Sec. 29.3  Use and maintenance of approved portable coal dust/rock dust analyzers and continuous duty, warning light, portable methane detectors.

    Approved portable coal dust/rock dust analyzers and continuous duty, 
warning light, portable methane detectors shall be operated and 
maintained in accordance with the specifications prescribed by the 
manufacturer of such instruments, and in accordance with the applicable 
provisions of Parts 75 and 77, Subchapter O of this chapter.



Sec. 29.4  Definitions.

    As used in this part--
    (a) Applicant means an individual, partnership, company, 
corporation, association, or other organization that designs, 
manufactures, assembles, or fabricates, or controls the design, 
manufacture, assembly, or fabrication of a portable coal dust/rock dust 
analyzer or a continuous duty, warning light, portable methane detector, 
and who seeks to obtain a certificate of approval for such analyzer or 
detector.
    (b) Approval means a certificate or formal document issued by MSHA 
stating that an individual portable coal dust/rock dust analyzer or an 
individual continuous duty, warning light, portable methane detector has 
met the applicable minimum requirements of this Part 29, and that the 
applicant is authorized to use and attach an approval label or plate on 
any portable coal dust/rock dust analyzer or continuous duty, warning 
light, portable methane detector manufactured, fabricated, or assembled 
in conformance with the plans and specifications upon which the approval 
was based, as evidence of such approval.
    (c) Approved means conforming to the minimum requirements of this 
Part 29.
    (d) Bureau means the U.S. Bureau of Mines, Department of the 
Interior.
    (e) Coal dust means particles of coal that can pass a No. 20 sieve.
    (f) Coal Mine means an area of land and all structures, facilities, 
machinery, tools, equipment, shafts, slopes, tunnels, excavations, and 
other property, real or personal, placed upon, under, or above the 
surface of such land by any person, used in, or to be used in, or 
resulting from, the work of extracting in such area bituminous coal, 
lignite, or anthracite from its natural deposits in the earth by any 
means or method, and the work of preparing the coal so extracted, and 
includes custom coal preparation facilities.
    (g) Coal mine dust means solid particles with sizes ranging from 
submicroscopic to microscopic, including but not limited to coal dust 
and rock dust.
    (h) Continuous duty, warning light, portable methane detector means 
a portable, self-contained instrument, containing a red warning light 
which flashes in the presence of methane-air mixtures having methane 
concentrations of 1.0 percent plus-minus0.2 percent.
    (i) Portable coal dust/rock dust analyzer means a portable, self-
contained instrument, capable of indicating the incombustible content of 
coal mine dust over a range of from 50 percent to 100 percent 
incombustible.
    (j) Rock dust means pulverized limestone, dolomite, gypsum, 
anhydrite, shale, adobe, or other inert material, preferably light 
colored, 100 per centum of which will pass through a sieve having 20 
meshes per linear inch and 70 per centum or more of which will pass 
through a sieve having 200 meshes per linear inch; the particles of 
which when wetted and dried will not cohere to form a cake which will 
not be dispersed into separate particles by a light blast of air; and 
which does not contain more

[[Page 158]]

than 5 per centum of combustible matter or more than a total of 4 per 
centum of free and combined silica (SiO2),or, where the 
Secretary finds that such silica concentrations are not available, which 
does not contain more than 5 per centum of free and combined silica.
    (k) Work of preparing the coal means the breaking, crushing, sizing, 
cleaning, washing, drying, mixing, storing, and loading of bituminous 
coal, lignite, or anthracite, and such other work of preparing such coal 
as is usually done by the operator of the coal mine.
    (l) MESA means the United States Department of the Interior, Mining 
Enforcement and Safety Administration. Predecessor organization to MSHA, 
prior to March 9, 1978.
    (m) MSHA means the United States Department of Labor, Mine Safety, 
and Health Administration.

[37 FR 7565, Apr. 15, 1972, as amended at 39 FR 24003, June 28, 1974; 43 
FR 12316, Mar. 24, 1978]



                   Subpart B--Application for Approval



Sec. 29.10  Application procedures.

    (a) Inspection, examination, and testing leading to the approval of 
portable coal dust/rock dust analyzers and continuous duty, warning 
light, portable methane detectors shall be undertaken by MSHA only 
pursuant to written applications which meet the minimum requirements set 
forth in this Subpart B.
    (b) Applications shall be submitted in duplicate to Approval and 
Certification Center, Box 201 B Industrial Park Road, Dallas Pike, 
Triadelphia, W. Va. 20659 and shall be accompanied by a check, bank 
draft, or money order in the amount specified in Subpart C of this part 
payable to the order of the U.S. Mine Safety and Health Administration.
    (c) Except as provided in Secs. 29.54, 29.61(e), and 29.76(b), the 
examination, inspection, and testing of all portable coal dust/rock dust 
analyzers and continuous duty, warning light, portable methane detectors 
shall be conducted at Approval and Certification Center, Box 201 B 
Industrial Park Road, Dallas Pike, Triadelphia, W.Va. 26059.
    (d) Applicants, manufacturers, or their representatives may visit or 
communicate with Approval and Certification Center in order to discuss 
the requirements for approval of any portable coal dust/rock dust 
analyzer, or continuous duty, warning light, portable methane detector 
or the proposed designs thereof. No charge shall be made for such 
consultation and no written report shall be issued by MSHA as a result 
of such consultation.

[37 FR 7565, Apr. 15, 1972, as amended at 43 FR 12316, 12317, Mar. 24, 
1978]



Sec. 29.11  Contents of application.

    (a) Each application for approval shall contain a complete written 
description, including operating instructions, of the analyzer or 
detector for which approval is requested together with a set of drawings 
and specifications (and lists thereof) showing full details of 
construction of the instrument and of the materials used. Drawings and 
specifications (and lists thereof) shall be submitted in duplicate.
    (b) Drawings shall be titled, numbered, and dated; any revision 
dates shall be shown on the drawings, and the purpose of each revision 
being sought shall be shown on the drawing or described on an attachment 
to the drawing to which it applies.
    (c) Each application for approval shall contain a proposed plan for 
quality control which meets the minimum requirements set forth in 
Subpart E of this part.
    (d) Each application shall contain a statement that the analyzer or 
detector has been pretested by the applicant as prescribed in 
Sec. 29.54, and shall include the results of such tests.
    (e) Each application for approval shall contain a statement that the 
analyzer or detector and component parts submitted for approval are 
either (1) prototypes, or (2) made on regular production tooling, with 
no operation included which will not be incorporated in regular 
production processing.
    (f) Where any form of radioactivity is employed in the analyzer or 
detector, the applicant shall submit:
    (1) Evidence of compliance with all State regulations with respect 
to radiation and the use of radioactive materials; and

[[Page 159]]

    (2) Evidence of compliance with the requirements set forth in Title 
10, Code of Federal Regulations.



Sec. 29.12  Delivery of analyzers and detectors by applicant; requirements.

    (a) Each applicant shall, when an application is filed pursuant to 
Sec. 29.10 deliver at his own expense, four assembled analyzers or 
detectors, less the radioactive source, to Approval and Certification 
Center, Box 201 B Industrial Park Road, Dallas Pike, Triadelphia, W. Va. 
26059. The radioactive source shall be delivered and inserted in the 
instrument by the applicant following testing of the electrical 
components of such instrument.
    (b) Analyzers, detectors, and component parts submitted for approval 
must be made from materials specified in the application.
    (c) One completely assembled analyzer or detector approved under the 
provisions of this part may be retained by MSHA as a laboratory exhibit; 
the remaining instruments will be returned to the applicant at his own 
expense, upon written request within 30 days after notice of approval. 
If no such request is made, the instruments will be disposed of by MSHA 
in such manner as it deems appropriate.
    (d) Where an analyzer or detector fails to meet the requirements for 
approval set forth in this part, all instruments and components 
delivered intact in accordance with this section will be returned to the 
applicant at his own expense, upon written request within 30 days after 
notice of disapproval. If no such request is made, the instruments will 
be disposed of by MSHA in such manner as it deems appropriate.

[37 FR 7565, Apr. 15, 1972, as amended at 43 FR 12316, Mar. 24, 1978]



                          Subpart C [Reserved]



                   Subpart D--Approval and Disapproval



Sec. 29.30  Certificates of approval; scope of approval.

    (a) MSHA shall issue certificates of approval pursuant to the 
provisions of this subpart only for individual, completely assembled 
portable coal dust/rock dust analyzers and continuous duty, warning 
light, portable methane detectors which have been examined, inspected, 
and tested, and which meet the minimum requirements set forth in 
Subparts G and H, as applicable.
    (b) MSHA shall not issue an informal notice of approval. However, if 
the application for approval, submitted in accordance with Sec. 29.11, 
states that the submitted analyzer, detector, and component parts are 
only prototypes, MSHA will examine, inspect, and test such prototype 
analyzer, detector, and component parts in accordance with the 
provisions of this Part 29. If, upon completion of such examinations, 
inspections and tests, it is found that the prototype meets the minimum 
requirements set forth in this part, MSHA may inform the applicant, in 
writing, of the results of the examinations, inspections, and tests, and 
may require him to resubmit analyzers, detectors, and component parts, 
as applicable, made on regular production tooling, with no operations 
included which will not be incorporated in regular production 
processing, for further examination, inspection, and testing, prior to 
issuance of the certificate of approval.
    (c) Applicants required to resubmit analyzers, detectors, and 
component parts made on regular production tooling, with no operation 
included which will not be incorporated in regular production 
processing, shall be charged fees.

[37 FR 7565, Apr. 15, 1972, as amended at 52 FR 17515, May 8, 1987]



Sec. 29.31  Certificates of approval; contents.

    (a) The certificate of approval shall contain a description of the 
analyzer or detector for which it is issued as provided in this part.
    (b) The certificate of approval shall specifically set forth any 
restrictions or limitations, if any, on use of the instrument.
    (c) Each certificate of approval shall be accompanied by the 
drawings and specifications (and lists thereof) submitted by the 
applicant in accordance with Sec. 29.11. These drawings and 
specifications shall be incorporated by reference in the certificate of 
approval

[[Page 160]]

and shall be maintained by the applicant. The drawings and 
specifications listed in each certificate of approval shall set forth in 
detail the design and construction requirements which shall be met by 
the applicant during commercial production of the instrument.
    (d) Each certificate of approval, shall be accompanied by a 
reproduction of the approval label design to be employed by the 
applicant with each approved instrument as provided in Sec. 29.33.
    (e) No test data or specific laboratory findings will accompany any 
certificate of approval, however, MSHA will release pertinent test data 
and specific findings upon written request by the applicant, or when 
required by statute or regulation.
    (f) Each certificate of approval shall also contain the approved 
quality control plan as specified in Sec. 29.42.



Sec. 29.32  Notice of disapproval.

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



Sec. 29.33  Approval labels and markings; approval of contents; use.

    (a) Upon receipt of a certificate of approval, the applicant shall 
submit to MSHA, for approval of contents, samples or full-scale 
reproductions of approval plates, labels, and markings and a sketch or 
description of the method of application and position on the instrument, 
together with instructions for the use and maintenance of the 
instrument.
    (b) Approval labels shall bear the emblem of the Mine Safety and 
Health Administration, the applicant's name and address, the 
restrictions or limitations placed upon the use of the instrument by 
MSHA, an approval number assigned by MSHA, and other information 
necessary for identification of the instrument.
    (c) MSHA shall, where necessary, notify the applicant when 
additional labels, markings or instructions will be required.
    (d) Approval labels and markings shall only be used by the applicant 
to whom they were issued.
    (e) Legible reproductions or abbreviated forms of the label approved 
by MSHA for use on each analyzer and detector shall be affixed, attached 
to, or printed on the instrument at a location where it can be easily 
seen.
    (f) The use of any MSHA approval label obligates the applicant to 
whom it is issued to maintain or cause to be maintained the approved 
quality control sampling schedule and the acceptable quality level for 
each characteristic tested, and to guarantee that the instrument is 
manufactured according to the drawings and specifications upon which the 
certificate of approval is based.
    (g) Each analyzer and detector shall be labeled distinctly to show 
the name of the applicant, and the name and letters or numbers by which 
the instrument is designated for trade purposes, and the serial number 
or approximate date of manufacture.

[37 FR 7565, Apr. 15, 1972, as amended at 43 FR 12316, Mar. 24, 1978]



Sec. 29.34  Revocation of certificates of approval.

    MSHA reserves the right to revoke, for cause, any certificate of 
approval issued pursuant to the provisions of this part. Such causes 
include, but are not limited to, misuse of approval labels and markings, 
misleading advertising, violations of section 109(e) of the Federal Coal 
Mine Health and Safety Act of 1969 (30 U.S.C. 819(e)), and failure to 
maintain or cause to be maintained the quality control requirements of 
the certificate of approval.

[[Page 161]]



Sec. 29.35  Changes or modification of approved analyzers and detectors; issuance of modification of certificate of approval.

    (a) Each applicant may, if he desires to change any feature of an 
approved analyzer or detector, request a modification of the original 
certificate of approval issued by MSHA for such instrument by filing an 
application for such modification in accordance with the provisions of 
this section.
    (b) Applications shall be submitted as for an original certificate 
of approval, with a request for a modification of the existing 
certificate to cover any proposed change.
    (c) The application shall be accompanied by appropriate drawings and 
specifications, and by a proposed quality control plan which meets the 
requirements of Subpart E of this part.
    (d) The application for modification, together with the accompanying 
material, shall be examined by MSHA to determine whether testing will be 
required.
    (e) If the proposed change or modification meets the requirements of 
this part, a formal certificate of modification will be issued, 
accompanied, where necessary, by a list of new and revised drawings and 
specifications covering the change(s) and reproductions of revised 
approval labels.

[37 FR 7565, Apr. 15, 1972, as amended at 52 FR 17515, May 8, 1987]



Sec. 29.36  Delivery of changed or modified approved analyzer or detector.

    An approved analyzer or detector for which a formal certificate of 
modification has been issued shall be delivered by the applicant to 
Approval and Certification Center, Box 201 B Industrial Park Road, 
Dallas Pike, Triadelphia, W. Va. 26059, as soon as it is commercially 
produced.

[37 FR 7565, Apr. 15, 1972, as amended at 43 FR 12316, Mar. 24, 1978]



                       Subpart E--Quality Control



Sec. 29.40  Quality control plans; filing requirements.

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



Sec. 29.41  Quality control plans; contents.

    (a) Each quality control plan shall contain provisions for the 
management of quality, including: (1) Requirements for the production of 
quality data and the use of quality control records; (2) control of 
engineering drawings, documentations, and changes; (3) control and 
calibration of measuring and test equipment; (4) control of purchased 
material to include incoming inspection; (5) lot identification, control 
of processes, manufacturing, fabrication, and assembly work conducted in 
the applicant's plant; (6) audit or final inspection of the completed 
product; and (7) the organizational structure necessary to carry out 
these provisions.
    (b) Each provision for final inspection in the quality control plan 
shall include a procedure for the selection of a sample of the end 
product and the functional components thereof for testing, in accordance 
with procedures set forth in Military Standard MIL-STD-105D, ``Sampling 
Procedures and Tables for Inspection by Attributes,'' or Military 
Standard MIL-STD-414, ``Sampling Procedures and Tables for Inspection by 
Variables for Percent Defective,'' or an approved equivalent sampling 
procedure, or an approved combination of sampling procedures. Military 
Standard MIL-STD-105D, ``Sampling Procedures and Tables for Inspection 
by Attributes,'' and Military Standard MIL-STD-414, ``Sampling 
Procedures and Tables for Inspection by Variables for Percent 
Defective'' are hereby incorporated by reference and made a part hereof. 
These documents are available for examination at Approval and 
Certification Center, Box 201 B Industrial Park Road, Dallas Pike, 
Triadelphia, W. Va. 26059 and may be purchased from the Superintendent 
of Documents, U.S. Government Printing Office, Washington, DC 20402.
    (c) The sampling procedure shall include a list of the 
characteristics to be tested by the applicant or his agent.

[[Page 162]]

    (d) The characteristics listed in accordance with paragraph (c) of 
this section shall be classified according to the potential effect of 
such defect and grouped in to the following classes:
    (1) Critical. A defect that judgment and experience indicate is 
likely to result in hazardous or unsafe conditions for individuals 
using, maintaining, or depending upon the product; or a defect that 
judgment and experience indicate is likely to prevent performance of the 
function of the end product.
    (2) Major. A defect, other than critical that is likely to result in 
failure, or to reduce materially the usability of the unit or product 
for its intended purpose.
    (3) Minor. A defect that is not likely to materially reduce the 
utility of the instrument for its intended purpose, or a defect that is 
a departure from established standards and has little bearing on the 
effective use or operation of the instrument.
    (e) 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.
    (f) Each item manufactured shall be 100 percent inspected for 
defects in all critical characteristics and all defective items shall be 
rejected.
    (g) The Acceptable Quality Level (AQL) for each major or minor 
defect so classified by the applicant shall be:
    (1) Major--1.0 percent;
    (2) Minor--4.0 percent.
    (h) Except as provided in paragraph (i) of this section, inspection 
level II as described in MIL-STD-105D, or inspection level IV as 
described in MIL-STD-414, shall be used for major and minor 
characteristics and 100 percent inspection for critical characteristics.
    (i) Subject to the approval of MSHA, where the quality control plan 
provisions for raw material, processes, manufacturing, and fabrication 
inspection are adequate to ensure control of finished article quality, 
destructive testing may be conducted at a lower level of inspection than 
that specified in paragraph (h) of this section.

[37 FR 7565, Apr. 15, 1972, as amended at 43 FR 12316, Mar. 24, 1978]



Sec. 29.42  Proposed quality control plans; approval by MSHA.

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



Sec. 29.43  Quality control records; review by MSHA; revocation of approval.

    (a) The applicant shall keep quality control inspection records 
sufficient to carry out the procedures required in MIL-STD-105D or MIL-
STD-414, or an approved equivalent sampling procedure.
    (b) MSHA reserves the right to have its representatives inspect the 
applicant's quality control test methods, equipment, and records, and to 
interview any employee or agent of the applicant in regard to quality 
control test methods, equipment, and records.
    (c) MSHA reserves the right to revoke, or 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 instrument for which the approval was issued.



      Subpart F--General Construction and Performance Requirements



Sec. 29.50  Construction and performance requirements; general.

    (a) MSHA shall issue approvals for portable coal dust/rock dust 
analyzers and continuous duty, warning light, portable methane detectors 
which have met the applicable minimum requirements set forth in this 
Part 29.

[[Page 163]]

    (b) In addition to the types of analyzers and detectors described in 
Subparts G and H of this part, MSHA will issue approvals for other 
portable coal dust/rock dust analyzers and continuous duty, warning 
light, portable methane detectors subject to such additional 
requirements as may be imposed in accordance with Sec. 29.53.



Sec. 29.51  General construction requirements.

    Portable coal dust/rock dust analyzers and continuous duty, warning 
light, portable methane detectors will not be accepted by MSHA for 
examination, inspection, and testing unless they are designed on sound 
engineering and scientific principles, constructed of suitable 
materials, and evidence good workmanship.



Sec. 29.52  Component parts; minimum requirements.

    (a) The components of each instrument approved by MSHA for use where 
permissibility is required shall meet the requirements for 
permissibility and intrinsic safety set forth in Part 18, Subchapter D 
of this chapter (Bureau of Mines Schedule 2G).
    (b) The components of each instrument shall be:
    (1) Designed and constructed to prevent creation of any hazard to 
the user; and
    (2) Assembled to permit easy access for inspection, cleaning, and 
repair of functional parts.
    (c) Replacements parts shall be constructed to maintain the 
effectiveness of the instrument.



Sec. 29.53  Test requirements; general.

    (a) Each instrument and its components shall, when tested by the 
applicant and MSHA, meet the applicable performance and test 
requirements set forth in Subparts G and H of this part.
    (b) In addition to the minimum requirements set forth in Subparts G 
and H of this part MSHA reserves the right to require, as a further 
condition of approval, any additional or other minimum requirements it 
deems necessary to establish the quality effectiveness, and safety of 
any instrument.
    (c) Where it is determined after receipt of an application that 
additional or other minimum requirements will be required for approval, 
MSHA will notify the applicant in writing of the additional or other 
minimum requirements, and necessary examinations, inspections, and 
tests, stating generally its reasons for such requirements, 
examinations, inspections or tests.



Sec. 29.54  Pretesting by applicant.

    (a) Prior to any application for approval or modification of 
approval, the applicant shall conduct, or cause to be conducted, 
examinations, inspections, and tests of analyzer or detector performance 
which are equal to or exceed the severity of those prescribed in this 
part.
    (b) With the application, the applicant shall provide a statement to 
MSHA showing the types and results of the examinations, inspections, and 
tests performed as required under paragraph (a) of this section and 
state that the analyzer or detector meets the minimum requirements of 
Subpart G or H of this part, as applicable. Complete examination, 
inspection and test data shall be retained on file by the applicant and 
be submitted, upon request, to MSHA.
    (c) MSHA may, upon written request by the applicant, provide 
drawings and descriptions of its test equipment and otherwise assist the 
applicant in establishing a test laboratory or securing the services of 
a testing agency.



Sec. 29.55  Conduct of examinations, inspections, and tests by MSHA; assistance by applicants; observers; recorded data; public demonstrations.

    (a) All examinations, inspections, and tests conducted by MSHA 
pursuant to Subparts G and H of this part will be under the direction 
and control of MSHA.
    (b) MSHA may as a condition of approval, require the assistance of 
the applicant or agents of the applicant during the assembly, 
disassembly, or preparation of any instrument or instrument component 
prior to testing or in the operation of such instrument during testing.
    (c) Necessary government personnel, persons assisting MSHA pursuant 
to paragraph (b) of this section, and such

[[Page 164]]

other persons as are requested by MSHA or the applicant to be observers, 
shall be present during any examination, inspection or test conducted 
prior to the issuance of an approval by MSHA for the instrument under 
consideration.
    (d) MSHA shall hold as confidential any analyses, drawings, 
specifications, or materials submitted by the applicant and shall not 
disclose any principles or patentable features of such equipment, except 
as required by statute or regulation.
    (e) As a condition of each approval issued for any analyzer or 
detector, MSHA reserves the right, following the issuance of such 
approval, to conduct such public tests and demonstrations of the 
approved instrument as it deems appropriate.

[37 FR 7565, Apr. 15, 1972, as amended at 39 FR 24003, June 28, 1974]



Sec. 29.56  Withdrawal of applications.

    Any applicant may, upon a written request submitted to MSHA, 
withdraw any application for approval of any analyzer or detector.

[37 FR 7565, Apr. 15, 1972, as amended at 52 FR 17515, May 8, 1987]



   Subpart G--Portable Coal Dust/Rock Dust Analyzers; Performance and 
                          Testing Requirements



Sec. 29.60  Minimum performance requirements.

    (a) Portable coal dust/rock dust analyzers shall be self-contained 
units, practical in operation, portable, and suitable for service in 
underground coal mines.
    (b) The analyzer shall be equipped with a quantitative indicating 
device that is capable of indicating the incombustible content of coal 
mine dusts over the range of from 50 percent to 100 percent 
incombustible.
    (c) Analyzers equipped with batteries shall be constructed so that 
when such batteries are filled, electrolyte will not spill during use.
    (d) Battery containers shall be made of corrosion resistant 
material.



Sec. 29.61  Testing requirements.

    (a) Portable coal dust/rock dust analyzers shall be tested to ensure 
that they meet the minimum construction and performance requirements set 
forth in Secs. 29.51, 29.52, and 29.60.
    (b) The sampling materials listed in Table A shall be used in 
testing the capability of the indicating device of the portable coal 
dust/rock dust analyzer to measure incombustible content as specified in 
Sec. 29.60(b).
    (c) The indicating device of the analyzer being tested shall be 
within plus-minus3 percent of the chemically determined 
incombustible content for 80 percent of the standard samples and 
inspector's samples listed in Table B.
    (d) In preparing sampling materials for testing, all sampling 
materials shall be:
    (1) Air equilibrated;
    (2) Carefully mixed to minimize segregation or degradation;
    (3) Stored in moisture- and air-tight containers to prevent 
oxidation and drying; and,
    (4) Analyzed for percent incombustible content within 
plus-minus1 percent, by chemical analysis.
    (e) In order to determine the reliability and utility of the 
analyzer, personnel of MSHA shall field test the instrument for 1 month 
in various underground coal mines, in accordance with the applicant's 
operating and maintenance instructions.
    (f) MSHA may conduct any additional field testing it deems 
necessary.

 Table A--Specifications for Sampling Materials Used for Coal Dust/Rock 
      Dust Analyzer Testing (Percentages by Weight; Particle Size 
                     plus-minus2 Percent)

    1. Bruceton mine coal, Pittsburgh Seam, 6 to 8 percent ash, 100 
percent through U.S. No. 100 sieve, 70 percent through U.S. No. 200 
sieve.
    2. Pocahontas low volatile, 5 to 6 percent ash, less than 0.7 
percent total sulfur, 70 percent through U.S. No. 200 sieve.
    3. Pittsburgh Seam, run-of-mine, 27 to 32 percent ash, 1.5 to 2.5 
percent sulfur, 100 percent through U.S. No. 20 sieve and 20 percent 
through U.S. No. 200 sieve.
    4. Pyrite, coal-derived, 90 percent or better FeS2, 70 
percent through U.S. No. 200 sieve.
    5. MgCO3, analytical grade, powdered, 70 percent through 
U.S. No. 200 sieve.

[[Page 165]]

    6. Ash, mineral matter content of 50 to 80 percent from preparation 
plant refuse, less than 5 percent pyrite, 70 percent through U.S. No. 
200 sieve.
    7. Limestone, 99 percent CaCO3, 70 percent through U.S. 
No. 200 sieve.
    8. Dolomite, approximately 41 percent MgCO3, 70 percent 
through U.S. No 200 sieve.
    9. Gypsum, approximately 45 percent CaSO42H2 
O, 70 percent through U.S. No. 200 sieve.
    10. Traction sand, (Quartz) 100 percent through U.S. No. 20 sieve.
    11. Flammable hydraulic oil (petroleum based).

  Table B--Specifications for Standard Samples and Inspectors' Samples 
  Used for Coal Dust/Rock Dust Analyzer Testing (Percentages by Weight 
      with Allowable Variations of plus-minus2 Percent)

                            Standard Samples

    1. Bruceton coal and limestone to form 55, 65, 75, and 85 percent 
incombustible (ash and limestone plus 0.3 to 0.6 percent inherent 
moisture).
    2. Bruceton coal and dolomite to 55, 65, 75, and 85 percent 
incombustibles.
    3. Bruceton coal and gypsum to 55, 65, 75, and 85 percent 
incombustibles.
    4. Pocahontas coal and limestone to 55, 65, 75, and 85 percent 
incombustibles.
    5. Pocahontas coal and dolomite to 55, 65, 75, and 85 percent 
incombustibles.
    6. Pittsburgh seam coal and limestone to 55, 65, 75, and 85 percent 
incombustibles.
    7. Pittsburgh seam coal and dolomite to 55, 65, 75, and 85 percent 
incombustibles.
    8. Moisture added to sample 6 of 65 percent incombustibles resulting 
in 70 percent incombustibles.
    9. Moisture added to sample 6 of 55 percent incombustibles resulting 
in 65 percent total incombustibles.
    10. Pyrite added to sample 1 of 55 percent resulting in 56 percent 
incombustibles.
    11. Pyrite added to sample 4 of 65 percent resulting in 66 percent 
incombustibles.
    12. Pyrite added to sample 6 of 75 percent resulting in 76 percent 
incombustibles.
    13. MgCo3 added to sample 1 of 55 percent resulting in 58 
percent incombustibles.
    14. MgCo3 added to sample 2 of 65 percent resulting in 68 
percent incombustibles.
    15. MgCO3 added to sample 3 of 70 percent resulting in 78 
percent incombustibles.
    16. Ash added to sample 6 of 55 percent resulting in 60 percent 
incombustibles.
    17. Ash added to sample 6 of 55 percent resulting in 70 percent 
incombustibles.
    18. A mixture consisting of 30 percent ash, 45 percent Pittsburgh 
coal, and 25 percent limestone.
    19. Sand added to sample 1 of 55 percent resulting in 60 percent 
incombustibles.
    20. Sand added to sample 1 of 55 percent resulting in 65 percent 
incombustibles.
    21. Sand added to sample 1 of 55 percent resulting in 75 percent 
incombustibles.
    22. Hydraulic oil added to sample 1 of 55 percent resulting in 50 
percent incombustibles.
    23. Hydraulic oil added to sample 1 of 55 percent resulting in 45 
percent incombustibles.

                           Inspectors' Samples

    1. A group of 25 samples shall be chosen from samples taken by MSHA 
inspectors during their regular mine surveys of rock dust sufficiency.
    2. The type of rock dust and coal present in the mine from which 
such samples were taken shall be made available for purposes of 
calibration.
    3. Where the quantity of individual samples is insufficient to 
supply the sample volume required for testing, composite samples of 
adequate volume will be used.



 Subpart H--Continuous Duty, Warning Light, Portable Methane Detectors; 
                  Performance and Testing Requirements



Sec. 29.70  Minimum performance requirements.

    (a) Continuous duty, warning light, portable methane detectors shall 
be self-contained units, practical in operation, portable and suitable 
for service in underground coal mines.
    (b) The detector shall be equipped with an indicating device that 
contains one or more warning lights designed and constructed to flash in 
the presence of a methane-air mixture having a methane concentration of 
1 percent plus-minus0.2 percent.
    (c) Detectors equipped with batteries shall be constructed so that 
when such batteries are filled, electrolyte will not spill during use.
    (d) Battery containers shall be made of corrosion-resistant 
material.



Sec. 29.71  Warning light; performance requirements.

    (a) Warning lights contained in the indicating devices of detectors 
shall:
    (1) Be visible within the normal visual field of miners working in 
the vicinity of the detector;

[[Page 166]]

    (2) If incandescent, employ lamps of no less than 0.2 candlepower; 
or
    (3) If light-emitting diodes (LED's), have sufficient intensity to 
be discernible in the working place of an underground coal mine; and,
    (4) Be red in color.
    (b) The flash rate of the warning light shall be approximately one 
flash per second, and the duty cycle shall be sufficiently long to 
attract attention.



Sec. 29.72  Accessory quantitative meter; minimum requirements.

    (a) In addition to the warning lights described in Sec. 29.71, an 
accessory meter may be installed in a continuous duty, warning light, 
portable methane detector, to serve as a quantitative indicator of the 
presence of methane.
    (b) Where an accessory quantitative meter is installed on a 
detector, it shall meet the following minimum requirements for 
performance and accuracy:
    (1) Accessory quantitative meters shall indicate the presence of 
methane concentrations as low as 0.25 percent and shall have upper scale 
limits of 2 percent to 4 percent methane. The indications for these 
percentages shall be within the limits of error specified in Table C;
    (2) Accessory quantitative meters shall make no less than 30 
determinations for the presence of methane without replacement of any 
component part, and no less than 15 such determinations prior to 
recharging of the battery or other power source; and,
    (3) The scale of accessory quantitative meters shall not be 
subdivided into smaller divisions than is warranted by the general 
accuracy of the meter.



Sec. 29.73  Operative period.

    Detectors shall be tested to ensure that they operate effectively 
over a 10-hour period (a) without requiring battery replacement or 
recharging, and (b) without loss of initial accuracy.



Sec. 29.74  Calibration adaptors.

    (a) Each detector shall be equipped with an adaptor that checks the 
overall response of the instrument to a premixed, methane-air mixture, 
having a concentration of not less than 1 percent or more than 3 
percent, by volume.
    (b) Adaptors shall be compatible with methane calibrating kits 
marketed for methane monitor calibration.



Sec. 29.75  Visual indicator device.

    Each detector shall be equipped with a device capable of giving a 
visual indication of the operative condition of the battery and the 
electrical circuitry employed in the detector.



Sec. 29.76  Testing requirements.

    (a) Continuous duty, warning light, portable methane detectors shall 
be tested to ensure that they meet the minimum construction and 
performance requirements set forth in Secs. 29.51, 29.52, 29.70, 29.71, 
29.73, 29.74, and 29.75.
    (b) Accessory quantitative meters shall be tested at several 
percentages within the limits of error specified in Table C, and at 
temperatures ranging from 50 deg. and 70  deg.F., with 5 deg. 
increments. Ten tests shall be made at each percentage selected, and 
neither the average of the 10 tests, nor more than two tests for each 
percentage, shall exceed the limits of error specified in Table C.
    (c) In order to determine the reliability and utility of the 
detector, personnel of MSHA shall field test the instrument for 1 month 
in various underground coal mines, in accordance with the applicant's 
operating and maintenance instructions.
    (d) MSHA may conduct any additional field testing it deems 
necessary.

 Table C--Maximum and Minimum Limits of Error for Accessory Quantitative
  Meters Installed on Continuous Duty, Warning Light, Portable Methane
                                Detectors
------------------------------------------------------------------------
                      Minimum limit of error--
   Percent methane       percent of methane     Maximum limit of error--
                                                     percent methane
------------------------------------------------------------------------
0.25................               0.10                      0.40
0.50................               0.35                      0.65
1.00................               0.80                      1.20
2.00................               1.80                      2.20
3.00................               2.70                      3.30
4.00................               3.70                      4.30
------------------------------------------------------------------------


[[Page 167]]



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




                      Subpart A--General Provisions

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

                 Subpart B--Dust-Collector Requirements

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

                      Subpart C--Test Requirements

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

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

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



                      Subpart A--General Provisions



Sec. 33.1  Purpose.

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



Sec. 33.2  Definitions.

    As used in this part:
    (a) Permissible, as applied to a dust collector, means that it 
conforms to the requirements of this part, and that a certificate of 
approval to that effect has been issued.
    (b) Bureau means the United States Bureau of Mines.
    (c) Certificate of approval means a formal document issued by MSHA 
stating that the dust collector unit or combination unit has met the 
requirements of this part, and authorizing the use and attachment of an 
official approval plate or a marking so indicating.
    (d) Certificate of performance means a formal document issued by 
MSHA stating that a dust-collecting system has met the test requirements 
of Subpart C of this part and therefore is suitable for use as part of 
permissible units.
    (e) Dust-collector unit means a complete assembly of parts 
comprising apparatus for collecting the dust that results from drilling 
in rock in coal mines, and is independent of the drilling equipment.
    (f) Combination unit means a rock-drilling device with an integral 
dust-collecting system, or mining equipment with an integral rock-
drilling device and dust-collecting system.
    (g) Dust-collecting system means an assembly of parts comprising 
apparatus for collecting the dust that results from drilling in rock and 
is dependent upon attachment to other equipment for its operation.
    (h) Applicant means an individual, partnership, company, 
corporation, association, or other organization that designs and 
manufactures, assembles or controls the assembly of a dust-collecting 
system, dust-collector unit, or a combination unit, and seeks 
certification thereof.
    (i) MSHA means the United States Department of Labor, Mine Safety 
and Health Administration.

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



Sec. 33.3  Consultation.

    By appointment, applicants or their representatives may visit 
Approval and Certification Center, Box 201B Industrial Park Road, Dallas 
Pike, Triadelphia, W. Va. 26059, and discuss with qualified Bureau 
representative

[[Page 168]]

proposed designs of equipment to be submitted in accordance with the 
requirements of the regulations of this part. No charge is made for such 
consultation and no written report thereof will be submitted to the 
applicant.

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



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

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



Sec. 33.5  [Reserved]



Sec. 33.6  Applications.

    (a) No investigation or testing will be undertaken by MSHA except 
pursuant to a written application, in duplicate (except as othewise 
provided in paragraph (e) of this section), accompanied by a check, bank 
draft, or money order, payable to the U.S. Mine Safety and Health 
Administration, to cover the fees; and all prescribed drawings, 
specifications, and all related materials. The application and all 
related matters and all correspondence concerning it shall be sent to 
the Approval and Certification Center, Box 201 B, Industrial Park Road, 
Dallas Pike, Triadelphia, W. Va. 26059.
    (b) The application shall specify the operating conditions (see 
Sec. 33.22) for which certification is requested.
    (c) Shipment of the equipment to be tested shall be deferred until 
MSHA has notified the applicant that the application will be accepted. 
Shipping instructions will be issued by MSHA and shipping charges shall 
be prepaid by the applicant. Upon completion of the investigation and 
notification thereof to the applicant by MSHA, the applicant shall 
remove his equipment promptly from the test site (see Sec. 33.30).
    (d) Drawings and specifications shall be adequate in number and 
detail to identify fully the design of the unit or system and to 
disclose its materials and detailed dimensions of all component parts. 
Drawings must be numbered and dated to insure accurate identification 
and reference to records, and must show the latest revision. 
Specifications and drawings, including a complete assembly drawing with 
each part that affects dust collection identified thereon, shall 
include:
    (1) Details of all dust-collector parts. A manufacturer who supplies 
the applicant with component parts or sub- assemblies may submit 
drawings and specifications of such parts or subassemblies direct to 
MSHA instead of to the applicant. If the unit or system is certified, 
MSHA will supply the applicant with a list, in duplicate, of drawing 
numbers pertaining to such parts or subassemblies for identification 
purposes only.
    (2) Details of the electrical parts of units designed to operate as 
face equipment (see Sec. 33.38) in accordance with the provisions of 
Part 18 of Subchapter D of this chapter. (Bureau of Mines Schedule 2, 
revised, the current revision of which is Schedule 2F).
    (3) Storage capacity of the various stages of dust collection in the 
dust separator.
    (4) Net filter area in the dust separator, and complete 
specifications of the filtering material.
    (e) If an application is made for certification of a dust-collector 
unit or a combination unit that includes electrical parts, and is 
designed to operate as electric face equipment, as defined in 
Sec. 33.38, the application shall be in triplicate.
    (f) The application shall state that the unit or system is 
completely developed and of the design and materials which the applicant 
believes to be suitable for a finished marketable product.
    (g) The applicant shall furnish a complete unit or system for 
inspection and testing. Spare parts, such as gaskets

[[Page 169]]

and other expendable components subject to wear in normal operation, 
shall be supplied by the applicant to permit continuous operation during 
test periods. If special tools are necessary to disassemble any part for 
inspection or test, they shall be furnished by the applicant.
    (h) Each unit or system shall be carefully inspected before it is 
shipped from the place of manufacture or assembly and the results of the 
inspection shall be recorded on a factory-inspection form. The applicant 
shall furnish MSHA with a copy of the factory-inspection form with his 
application. The form shall direct attention to the points that must be 
checked to make certain that all parts are in proper condition, complete 
in all respects, and in agreement with the drawings and specifications 
filed with MSHA.
    (i) With the application the applicant shall furnish MSHA with 
complete instructions for operating and servicing the unit or system and 
information as to the kind of power required. After MSHA's 
investigation, if any revision of the instructions is required a revised 
copy thereof shall be submitted to MSHA for inclusion with the drawings 
and specifications.

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



Sec. 33.7  Date for conducting tests.

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



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

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

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



Sec. 33.9  Certification of dust-collecting systems.

    Manufacturers of dust-collecting systems that are designed for 
integral use on machines with drilling equipment may apply to MSHA to 
issue a certificate of performance for such systems. To qualify for a 
certificate of performance, the dust-collecting system shall have met 
satisfactorily the test requirements of Subpart C under specified 
operating conditions, such as type of drilling equipment, drilling 
speed, and power requirements and the construction thereof shall be 
adequately covered by specifications and drawings officially recorded 
and filed with MSHA. Individual parts of dust-collecting systems will 
not be certified for performance. Certificates of performance may be 
cited to fabricators of combination units as evidence that further 
inspection and testing of the dust-collecting system will not be 
required, provided the dust-collecting requirements of the drilling 
equipment do not exceed the limits of performance for which the system 
was certified. Since MSHA does not sanction the use of the words 
``permissible'' or ``approved'' except as applying to completely 
assembled equipment, dust-collecting systems, which have been certified 
only as to performance, shall not be advertised or labeled in a manner 
inferring that

[[Page 170]]

such systems themselves are permissible or approved by MSHA. However, a 
certified system may be advertised as suitable for use on combination 
units for which certification may be desired if the limits of its 
performance are cited. Certified dust-collecting systems shall bear 
labels or tags which shall contain the following: ``Performance-tested 
Dust Collecting, System, MSHA File No. P/T________,'' and name of 
manufacturer, identifying numbers of the dust-collector parts, and 
description of the limitations for which performance is certified. MSHA 
will assign a P/T file number in the certification letter.



Sec. 33.10  Certificates of approval or performance.

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



Sec. 33.11  Approval plates.

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

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



Sec. 33.12  Changes after certification.

    If an applicant desires to change any feature of a certified unit or 
system, he shall first obtain MSHA's approval of the change, pursuant to 
the following procedure:
    (a) 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,

[[Page 171]]

specifications, and related data showing the changes in detail.
    (b) The application will be examined by MSHA to determine whether 
inspection and testing will be required. Testing will be necessary if 
there is a possibility that the modification may affect adversely the 
performance of the unit or system. MSHA will inform the applicant 
whether such testing is required and the components or materials to be 
submitted for that purpose.
    (c) If the proposed modification meets the requirements of this part 
and Part 18 of Subchapter D of this chapter (Bureau of Mines Schedule 2, 
revised, the current revision of which is Schedule 2F) if applicable, a 
formal extension of certification will be issued, accompanied by a list 
of new and corrected drawings and specifications to be added to those 
already on file as the basis for the extension of certification.

[Schedule 25B, 25 FR 6473, July 9, 1960, as amended at 52 FR 17515, May 
8, 1987]



Sec. 33.13  Withdrawal of certification.

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



                 Subpart B--Dust-Collector Requirements



Sec. 33.20  Design and construction.

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



Sec. 33.21  Modification of test equipment.

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



Sec. 33.22  Mode of use.

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



Sec. 33.23  Mechanical positioning of parts.

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



                      Subpart C--Test Requirements



Sec. 33.30  Test site.

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

[39 FR 24005, June 28, 1974]



Sec. 33.31  Test space.

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

[[Page 172]]



Sec. 33.32  Determination of dust concentration.

    (a) Concentrations of airborne dust in the test space shall be 
determined by sampling with a midget impinger apparatus, and a light-
field microscopic technique shall be employed in determining 
concentrations of dust in terms of millions of particles (5 microns or 
less in diameter) per cubic foot of air sampled.
    (b) Before a drilling test is started the surfaces of the test space 
shall be wetted; the test space shall be cleared of air-borne dust 
insofar as practicable by mechanical ventilation or other means; and an 
atmospheric sample, designated as a control sample, shall be collected 
during a 5-minute period to determine residual airborne dust in the test 
space.
    (c) A sample of airborne dust, designated as a test sample, shall be 
collected in the breathing zone of the drill operators during the 
drilling of each test hole. Time consumed in changing drill steel shall 
not be considered as drilling time and sampling shall be discontinued 
during such periods.

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



Sec. 33.33  Allowable limits of dust concentration.

    (a) The concentration of dust determined by the control sample shall 
be subtracted from the average concentration of dust determined by the 
test samples collected at each drill operator's position, and the 
difference shall be designated as the net concentration of airborne 
dust. Calculations of the average concentration of dust determined from 
the test samples shall be based upon the results of not less than 80 
percent of each set of test samples.
    (b) Under each prescribed test condition, the net concentration of 
airborne dust at each drill operator's position shall not exceed 10 
million particles (5 microns or less in diameter) per cubic foot of air 
when determined in accordance with the method given in Sec. 33.32(a).

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



Sec. 33.34  Drilling test.

    (a) A drilling test shall consist of drilling a set of 10 test 
holes, without undue delay, under specified operating conditions. When 
the test involves the control of dust from more than one drill, all the 
drills shall be used in the intended manner to complete the set of test 
holes.
    (b) Holes shall be drilled to a depth of 4 feet plus or minus 2 
inches and shall be spaced so as not to interfere with adjacent holes. 
Each hole may be plugged after completion.
    (c) Receptacles and filters for collecting drill cuttings shall be 
emptied and cleaned before each drilling test is started.
    (d) Holes designated as ``vertical'' shall be drilled to incline not 
more than 10 degrees to the vertical. Holes designated as ``angle'' 
shall be drilled to incline not less than 30 and not more than 45 
degrees to the vertical. Holes designated as ``horizontal'' shall be 
drilled to incline not more than 15 degrees to the horizontal.

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



Sec. 33.35  Methods of drilling; dust-collector unit.

    (a) General. All drilling shall be done with conventional, 
commercial drilling equipment--pneumatic-percussion, hydraulic-rotary, 
and/or electric-rotary types--in accordance with the applicant's 
specifications.
    (b) Pneumatic-percussion drilling. A stoper-type drill with a piston 
diameter of 2\1/2\ to 3 inches shall be used for roof drilling, A hand-
held, sinker-type drill with a piston diameter of 2\1/2\ to 3 inches 
shall be used for down drilling and also for horizontal drilling, except 
that the drill shall be supported mechanically. Compressed air for 
operating the drill shall be supplied at a gage pressure of 85-95 pounds 
per square inch. Drill bits shall be detachable, cross type with hard 
inserts, and shall be sharp when starting to drill each set of 10 holes. 
In roof drilling, 1\1/4\- and 1\1/2\-inch diameter drill bits shall be 
used; in horizontal and down drilling, 1\3/4\-inch diameter bits shall 
be used. The drill steel shall be \7/8\-inch hexagonal and of hollow 
type to permit

[[Page 173]]

the introduction of compressed air through the drill steel when 
necessary to clean a hole during drilling.
    (c) Rotary drilling. A hydraulic-rotary drill with a rated drilling 
speed of 18 feet per minute free lift, capable of rotating drill steel 
at 900 revolutions per minute with 100 foot-pounds torque, and having a 
feed force of 7,000 pounds, shall be used for roof drilling. An 
electric-rotary drill, supported by a post mounting, with a rated 
drilling speed of 30 inches per minute and powered by a 2.25 horsepower 
motor, shall be used for horizontal drilling. For roof drilling, the 
bits shall be hard-tipped, 1\3/8\ and 1\1/2\ inches outside diameter, 
and 1\1/4\-inch auger-type drill steel shall be used. For horizontal 
drilling, the bits shall be hard-tipped, 2 inches outside diameter, and 
1\3/4\-inch auger-type drill steel shall be used. Drill bits shall be 
sharp when starting to drill each set of 10 holes.



Sec. 33.36  Method of drilling; combination unit or dust-collecting system.

    Drilling shall be conducted in accordance with the applicant's 
specifications and operating instructions. If special drill bits or 
drill steel are required, they shall be furnished to MSHA by the 
applicant. Otherwise the drill bit and drill steel requirements stated 
in paragraphs (b) and (c) of Sec. 33.35 shall be complied with for all 
types of combination units or dust-collecting systems.



Sec. 33.37  Test procedure.

    (a) Roof drilling: Drilling shall be done in friable strata, similar 
to the roof in the Bureau's Experimental Mine, which tends to produce 
large scale-like cuttings.
    (b) Horizontal drilling: Drilling shall be done in strata comparable 
in hardness to that of coal-mine draw slate. Holes shall be started near 
the roof of the test space under conditions simulating the drilling of 
draw slate in coal mining.
    (c) Down drilling: Drilling shall be done in typical mine floor 
strata with a pneumatic percussion-type drill. Five holes shall be 
drilled vertically and five holes shall be drilled at an angle.
    (d) At MSHA's discretion drilling in ``on site'' strata may be 
acceptable in lieu of strata requirements in paragraphs (a), (b), and 
(c) of this section. (See Sec. 33.20(a).)



Sec. 33.38  Electrical parts.

    (a) Units with electrical parts and designed to operate as electric 
face equipment (see definition, Sec. 45.44-1 of this chapter) in gassy 
coal mines shall meet the requirements of Part 18 of Subchapter D of 
this chapter (Bureau of Mines Schedule 2, revised, the current revision 
of which is Schedule 2F), and the examination and testing of the 
electrical parts shall be entirely separate from the examination and 
testing of dust-collecting equipment as such.
    (b) Units with electrical parts designed to operate only outby the 
last open crosscut in a gassy coal-mine entry, room, or other opening 
(including electric-drive units with their controls and push buttons) 
are not required to comply with the provisions of Part 18 of Subchapter 
D of this chapter (Bureau of Mines Schedule 2, revised, the current 
revision of which is Schedule 2F).
    (c) Units with electrical parts and designed for operation only in 
nongassy coal mines are not required to comply with the provisions of 
Part 18 of Subchapter D of this chapter (Bureau of Mines Schedule 2, 
revised, the current revision of which is Schedule 2F). (See 
Sec. 33.11(b).)



PART 35--FIRE-RESISTANT HYDRAULIC FLUIDS--Table of Contents




                      Subpart A--General Provisions

Sec.
35.1  Purpose.
35.2  Definitions.
35.3  Consultation.
35.4  Types of hydraulic fluid for which certificates of approval may be 
          granted.
35.5  [Reserved]
35.6  Applications.
35.7  Date for conducting tests.
35.8  Conduct of investigations, tests, and demonstrations.
35.9  Certificates of approval.
35.10  Approval labels or markings.
35.11  Material required for record.
35.12  Changes after certification.
35.13  Withdrawal of certification.

                      Subpart B--Test Requirements

35.20  Autogenous-ignition temperature test.

[[Page 174]]

35.21  Temperature-pressure spray-ignition test.
35.22  Test to determine effect of evaporation on flammability.
35.23  Performance required for certification.

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

    Source: Schedule 30, 24 FR 10201, Dec. 17, 1959, unless otherwise 
noted.



                      Subpart A--General Provisions



Sec. 35.1  Purpose.

    The regulations in this part set forth the requirements for fire-
resistant hydraulic fluids and concentrates for the production thereof 
to procure their certification as approved for use in machines and 
devices that are operated in coal mines and procedures for applying for 
such certification.

[Schedule 30, 24 FR 10201, Dec. 17, 1959, as amended at 52 FR 17515, May 
8, 1987]



Sec. 35.2  Definitions.

    As used in this part--
    (a) Permissible, as applied to hydraulic fluids, means that the 
fluid conforms to the requirements of this part, and that a certificate 
of approval to that effect has been issued.
    (b) MSHA means the United States Department of Labor, Mine Safety 
and Health Administration.
    (c) Certificate of approval means a formal document issued by MESA 
stating that the fluid has met the requirements of this part for fire-
resistant hydraulic fluids and authorizing the use of an official 
identifying marking so indicating.
    (d) Fire-resistant hydraulic fluid means a fluid of such chemical 
composition and physical characteristics that it will resist the 
propagation of flame.
    (e) Concentrate means a substance in concentrated form that might 
not be fire resistant as such but when mixed with water or other vehicle 
in accordance with instructions furnished by the applicant will 
constitute a fire-resistant hydraulic fluid.
    (f) Applicant means an individual, partnership, company, 
corporation, association, or other organization that manufactures, 
compounds, refines, or otherwise produces, a fire-resistant hydraulic 
fluid or a concentrate for the production thereof, and seeks a 
certificate of approval.

[Sched. 30, 24 FR 10201, Dec. 17, 1959, as amended at 39 FR 24005, June 
28, 1974; 43 FR 12317, Mar. 24, 1978]



Sec. 35.3  Consultation.

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

[Sched. 30, 24 FR 10201, Dec. 17, 1959, as amended at 43 FR 12317, Mar. 
24, 1978; 60 FR 35694, July 11, 1995]



Sec. 35.4  Types of hydraulic fluid for which certificates of approval may be granted.

    Certificates of approval will be granted for completely compounded 
or mixed fluids and not for individual ingredients; except that when a 
concentrate is submitted for testing, complete instructions for mixing 
with water or other vehicle shall be furnished to MSHA, together with 
the vehicle other than water, and the approval will cover only the 
specific mixture that constitutes the hydraulic fluid for use in coal 
mines.



Sec. 35.5  [Reserved]



Sec. 35.6  Applications.

    (a) No investigation or testing will be undertaken by MSHA except 
pursuant to a written application, in duplicate, accompanied by a check, 
bank draft, or money order, payable to the U.S. Mine Safety and Health 
Administration, to cover the fees; and all descriptions, specifications, 
test samples, and related materials. The application and all related 
matters and correspondence concerning it shall be sent to Approval and 
Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, 
WV 26059.
    (b) Descriptions and specifications shall be adequate in detail to 
identify fully the composition of the hydraulic fluid and to disclose 
its characteristics.

[[Page 175]]

Descriptions and specifications shall include:
    (1) An identifying name or number of the fluid or concentrate for 
the production thereof.
    (2) Pour point,  deg.F.; freezing point,  deg.F.; color; 
neutralization number or pH; viscosity at 100  deg.F., 150  deg.F., 175 
deg.F. (Saybolt or Furol); viscosity index; specific gravity.
    (3) A statement of the water or other vehicle content in percent by 
weight or volume and how it affects fire resistance of the hydraulic 
fluid. If water is the vehicle, the statement shall include the 
applicant's method for determining water content quickly in the field.
    (c) The application shall state whether the fluid submitted for test 
is toxic or irritating to the skin and what precautions are necessary in 
handling it.
    (d) The application shall state that the applicant has tested the 
fluid which he believes to have fire-resistant properties, the basis for 
such determination, and submit with his application the data resulting 
from the applicant's use or laboratory tests to determine the fire-
resistant properties of the fluid.
    (e) The application shall contain evidence that the fluid has 
lubricating and hydraulic properties and is satisfactory for use in 
underground mining machinery; and shall state that the fluid, or 
concentrate for the production thereof, is fully developed and is of the 
composition that the applicant believes to be a suitable marketable 
product.
    (f) The application shall state the nature, adequacy, and continuity 
of control of the constituents of the fluid to maintain its fire-
resistant characteristics and how each lot will be sampled and tested to 
maintain its protective qualities. MSHA reserves the right to have its 
qualified representative(s) inspect the applicant's control-test 
equipment, procedures, and records, and to interview the personnel who 
conduct the control tests to satisfy MSHA that the proper procedure is 
being followed to insure that the fire-resistant qualities of the 
hydraulic fluid are maintained.
    (g) When MSHA notifies the applicant that the application will be 
accepted, it will also notify him as to the number of samples and 
related materials that will be required for testing. Ordinarily a 5-
gallon sample of hydraulic fluid will be required provided that it is a 
finished product or, if in concentrate form, enough shall be furnished 
to make a 5-gallon sample when mixed with water or other vehicle 
according to the applicant's instructions. All samples and related 
materials required for testing must be delivered (charges prepaid) to 
Approval and Certification Center, RR 1, Box 251, Industrial Park Road, 
Triadelphia, WV 26059.

[Sched. 30, 24 FR 10201, Dec. 17, 1959, as amended at 43 FR 12317, Mar. 
24, 1978; 60 FR 35694, July 11, 1995]



Sec. 35.7  Date for conducting tests.

    The date of acceptance of an application will determine the order of 
precedence for testing when more than one application is pending, and 
the applicant will be notified of the date on which tests will begin. 
However, not more than two fluids will be tested consecutively for one 
applicant provided other applications are pending. If a fluid fails to 
meet any of the requirements, it shall lose its order of precedence. If 
an application is submitted to resume testing after correction of the 
course of failure, it will be treated as a new application and the order 
of precedence for testing will be so determined.



Sec. 35.8  Conduct of investigations, tests, and demonstrations.

    Prior to the issuance of a certificate of approval, necessary 
Government personnel, representatives of the applicant, and such other 
persons as may be 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

[[Page 176]]

MSHA, and any other persons shall be present only as observers.

[Sched. 30, 24 FR 10201, Dec. 17, 1959, as amended at 39 FR 24005, June 
28, 1974]



Sec. 35.9  Certificates of approval.

    (a) Upon completion of an investigation of a hydraulic fluid MSHA 
will issue to the applicant either a certificate of approval or a 
written notice of disapproval as the case may require. No informal 
notification of approval will be issued. If a certificate of approval is 
issued, no test data or detailed results of tests will accompany it. If 
a notice of disapproval is issued, it will be accompanied by details of 
the defect(s), with a view to possible correction. MSHA will not 
disclose, except to the applicant, any information on a fluid upon which 
a notice of disapproval has been issued.
    (b) A certificate of approval will be accompanied by a list of 
specifications covering the characteristics of a hydraulic fluid upon 
which the certificate of approval is based. In addition to the 
applicant's record of control in maintaining the fire-resistant 
characteristics, applicants shall keep exact duplicates of the 
specifications that have been submitted to MSHA and that relate to any 
fluid which has received a certificate of approval; and these are to be 
adhered to exactly in production of the certified fluid for commercial 
purposes.



Sec. 35.10  Approval labels or markings.

    (a) A certificate of approval will be accompanied by a photograph of 
a design for an approval label or marking, which shall bear the emblem 
of the Mine Safety and Health Administration and shall be inscribed 
substantially as follows:

               Permissible Fire-Resistant Hydraulic Fluid

MSHA Approval No._______________________________________________________
Issued to_______________________________________________________________
                                                 (Name of Applicant)    

    (b) A label so inscribed shall be attached to each fluid container 
in such a manner that it cannot be easily removed or containers may be 
so marked with a metal stencil. The letters and numbers shall be at 
least \1/2\ inch in height and of a color which contrasts with that of 
the container.
    (c) For a concentrate the label or marking shall clearly indicate 
that the certification thereof applies only when the concentrate is used 
in exact conformance with the instructions on such label or marking. The 
label or marking shall clearly indicate the exact amount of water or 
other vehicle to make the fire-resistant hydraulic fluid upon which the 
certificate of approval was based.
    (d) Appropriate instructions and caution statements on the handling 
of the hydraulic fluid or concentrate shall be included on the approval 
label or marking.
    (e) Use of MSHA's approval label or marking obligates the applicant 
to whom the certificate of approval was granted to maintain the fire-
resistant characteristics of the hydraulic fluid and guarantees that it 
is manufactured according to the specifications upon which the 
certificate of approval was based. Use of the approval label or marking 
is not authorized except on containers of hydraulic fluids that conform 
strictly with the specifications and characteristics upon which the 
certificate of approval was based.

[Sched. 30, 24 FR 10201, Dec. 17, 1959, as amended at 43 FR 12317, Mar. 
24, 1978]



Sec. 35.11  Material required for record.

    MSHA may retain for record all or part of the material submitted for 
testing. Any material that MSHA does not require will be returned to the 
applicant at his expense upon receipt of his written request and 
shipping instructions not more than 6 months after the termination or 
completion of the tests. Thereafter MSHA will dispose of such surplus 
material as it deems appropriate.



Sec. 35.12  Changes after certification.

    If an applicant desires to change any specification or 
characteristic of a certified hydraulic fluid, he shall first obtain 
MSHA's approval of the change, pursuant to the following procedures:
    (a) Application shall be made, as for an original certificate of 
approval, requesting that the existing certification be extended to 
cover the proposed

[[Page 177]]

change. The application shall be accompanied by specifications and 
related material(s) as in the case of an original application.
    (b) The application and related material(s) will be examined by MSHA 
to determine whether testing of the modified hydraulic fluid will be 
required. Testing will be necessary if there is a possibility that the 
modification may affect adversely the performance characteristics of the 
fluid. MSHA will inform the applicant in writing whether such testing is 
required.
    (c) If the proposed modification meets the requirements of this 
part, a formal extension of certification will be issued, accompanied by 
a list of new and corrected specifications to be added to those already 
on file, as the basis for the extension of certification.

[Schedule 30, 24 FR 10201, Dec. 17, 1959, as amended at 52 FR 17515, May 
8, 1987]



Sec. 35.13  Withdrawal of certification.

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



                      Subpart B--Test Requirements



Sec. 35.20  Autogenous-ignition temperature test.

    (a) Purpose. The purpose of this test, referred to hereinafter as 
the ignition-temperature test, is to determine the lowest autogenous-
ignition temperature of a hydraulic fluid at atmospheric pressure when 
using the syringe-injection method.
    (b) Description of apparatus--(1) Test flask. The test flask, which 
is heated and into which the test sample is injected, shall be a 
commercial 200 ml. borosilicate glass Erlenmeyer flask.
    (2) Thermocouples. Calibrated thermocouples--iron-constantan or 
chromelalumel--and a potentiometer shall be used for all temperature 
measurements.
    (3) Syringe. A hypodermic syringe (0.25 or 1 cc. capacity) equipped 
with a 2-inch No. 18 stainless steel needle and calibrated in hundredths 
of a cubic centimeter (0.01 cc.) shall be used to inject samples into 
the heated test flask.
    (4) Timer. An electric timer or stopwatch calibrated in not more 
than 0.2 second intervals shall be used to determine the time lag before 
ignition.
    Note: Time lag is the time that elapses between the instant of 
injection and that of ignition of the test sample, as evidenced by 
flame.
    (5) Furnace. The furnace in which the ignition-temperature test is 
conducted shall consist of a refractory (alundum or equivalent) cylinder 
5 inches in internal diameter and 5 inches in height; a transite-ring 
top and a transite-disk bottom, each of which is attached to a metal 
cylinder. The furnace is heated by three elements as follows: (i) A 
circumferential heater embedded in the refractory cylinder; (ii) a top 
or toroidal-neck heater that surrounds the neck of the test flask; and 
(iii) a flat base heater on which the test flask rests. The temperature 
of each heating element shall be controlled independently by an 
autotransformer. Means shall be provided for applying thermocouples at 
the neck, mid-section, and base of the test flask, which shall be 
inserted upright in the furnace.
    (c) Test procedures--(1) Temperature control. Each autotransformer 
shall be so adjusted that the temperature at the neck, mid-section, and 
base of the test flask is uniform within plus-minus2  deg.F. 
of the desired test temperature.
    (2) Sample injection and timing. A 0.07 cc. test sample shall be 
injected into the heated test flask with the hypodermic syringe, and the 
syringe shall be withdrawn immediately. Measurement of time shall start 
at the instant the sample is injected.
    (3) Observations. (i) If flame does not result in 5 minutes or more 
after injection of the test sample, the sample shall be considered 
nonflammable at the test temperature, and the timer shall be stopped. 
The test flask shall then be flushed well with clean dry air and, after 
a lapse of 15 minutes or more, the test shall be repeated with the test 
flask temperature raised 50  deg.F. plus-minus2  deg.F. above 
the first test temperature.
    (ii) If ignition (flame) is observed in 5 minutes or less after the 
injection of the test sample (0.07 cc.), the time lag (time interval) 
shall be noted. After an ignition occurs the temperature of the test 
flask shall be reduced 5  deg.F., and the test procedure repeated in 
decrements of 5  deg.F. until ignition no

[[Page 178]]

longer occurs and this temperature shall be noted as the first 
nonignition test temperature for the 0.07 cc. sample.
    (iii) The temperature shall be increased 50  deg.F. 
plus-minus2  deg.F. above the first nonignition test 
temperature, and the ignition-temperature test procedure shall be 
repeated with a 0.10 cc. test sample injected into the heated test 
flask.
    (iv) If the lowest temperature at which ignition occurs with the 
0.10 cc. sample (in decrements of 5  deg.F.) is lower than that obtained 
with the 0.07 cc. sample, the ignition-temperature test procedure shall 
be repeated using a test sample of 0.12 cc., then 0.15 cc., and so on by 
increments of 0.03 cc. until the lowest ignition temperature is 
obtained.
    (v) If the lowest temperature at which ignition is obtained with the 
0.10 cc. sample is greater than that obtained with the 0.07 cc. sample, 
the ignition temperature test procedure shall be repeated by reducing 
the test sample to 0.05 cc. and then to 0.03 cc. until the lowest 
ignition temperature is obtained.
    (d) Appraisal of test. A fluid shall be considered fire-resistant, 
according to the test requirements of this section: Provided, That in no 
instance of the ignition-temperature test procedure, as stated in this 
section, shall the ignition temperature of the test sample be less than 
600  deg.F.



Sec. 35.21  Temperature-pressure spray-ignition tests.

    (a) Purpose. The purpose of this test shall be to determine the 
flammability of a hydraulic fluid when it is sprayed over three 
different sources of ignition which are described in paragraph (b)(4) of 
this section.
    (b) Description of apparatus. (1) A 3-quart pressure vessel, with 
the necessary connections, valves, and heating elements, shall be used 
for containing and heating the fluid under the test conditions as 
specified hereinafter.
    (2) An atomizing round-spray nozzle, having a discharge orifice of 
0.025-inch diameter, capable of discharging 3.28 gallons of water per 
hour with a spray angle of 90 degrees at a pressure of 100 p.s.i., shall 
be connected to the pressure vessel.
    (3) A commercial pressurized cylinder, containing nitrogen with the 
customary regulators, valves, tubing, and connectors, shall be used to 
supply nitrogen to the pressure vessel described in paragraph (b) (1) of 
this section.
    (4) Three igniting devices shall provide three different sources of 
ignition as follows:
    (i) A metal trough with a metal cover in which cotton waste soaked 
in kerosene is ignited.
    (ii) An electric arcing device in which the arc is produced by a 
12,000-volt transformer.
    (iii) A propane torch--Bernzomatic or equivalent.
    (5) A means of measuring distances from the nozzle tip to the 
igniting device shall be provided.
    (c) Test procedures. (1) A 2\1/2\-quart sample of the fluid shall be 
poured into the pressure vessel and heated to a temperature of 150 
deg.F. The temperature shall be maintained at not less than 145  deg.F. 
or not more than 155  deg.F. during the test.
    (2) Nitrogen shall be introduced into the vessel at 150 p.s.i.g.
    (3) The fluid shall be sprayed at each igniting device, described in 
paragraph (b) (4) of this section, which is moved along the trajectory 
of the spray. Each igniting device shall be held in the spray at 
different distances from the nozzle tip for one minute or until the 
flame or arc is extinguished (if less than one minute) to determine this 
fire-resistant characteristic of the fluid.
    (d) Appraisal of tests. If the test procedures in paragraph (c) of 
this section do not result in an ignition of any sample of fluid or if 
an ignition of a sample does not result in flame propagation for a time 
interval not exceeding 6 seconds at a distance of 18 inches or more from 
the nozzle tip to the center of each igniting device, it shall be 
considered fire resistant, according to the test requirements of this 
section.



Sec. 35.22  Test to determine effect of evaporation on flammability.

    (a) Purpose. The purpose of this test shall be to determine the 
effect of

[[Page 179]]

evaporation on the reduction of fire resistance of a hydraulic fluid.
    (b) Description of apparatus--(1) Petri dish. Standard laboratory 
Petri dishes, approximately 90 mm. by 16 mm., shall be used to contain 
the test samples.
    (2) Oven. A gravity convection air oven, capable of maintaining the 
specified evaporation temperature constant within plus-minus2 
 deg.F., shall be used in the test.
    (3) Pipe cleaner. An ordinary smoker's pipe cleaner (U.S. Tobacco 
Co., Dill's or equivalent) shall be used in the test procedure, 
described in paragraph (c) of this section.
    (c) Test procedures. (1) Three 30-milliliter samples of the fluid 
shall be placed in uncovered Petri dishes. Two of these samples shall be 
inserted in the oven, that shall have been heated to a temperature of 
150  deg.F., plus-minus2  deg.F., which shall be maintained 
throughout this test. The third sample shall remain at room temperature.
    (2) An electrically operated cycling device, such as an automobile 
windshield wiper mechanism, shall be oscillated in a horizontal plane, 
25plus-minus2 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 plus-minus\1/
8\ inch. The cycling device shall be so arranged that when the 2-inch 
length of pipe cleaner is attached thereto, its midpoint shall be in the 
center of the flame at one extreme end of the cycle.
    (3) Each of five 2-inch lengths of pipe cleaner shall be soaked 
separately for a period of 2 minutes in the test sample that remained at 
room temperature. Each pipe cleaner shall then be removed from the test 
sample and permitted to drain freely until all excess fluid is expelled 
from it. Each soaked pipe cleaner shall be attached to the cycling 
device, the mechanism started, and the pipe cleaner permitted to enter 
and leave the burner flame, as described in paragraph (c) (2) of this 
section, until a self-sustaining flame shall be observed on the pipe 
cleaner. The number of cycles necessary to obtain a self-sustaining 
flame shall be noted and averaged for each of the five soaked pipe 
cleaners.
    (4) After one test sample has remained in the oven for a period of 2 
hours, the Petri dish containing it shall be removed from the oven and 
allowed to cool to room temperature, after which 5 lengths of 2-inch 
pipe cleaner shall be soaked separately in the test sample for a period 
of 2 minutes. Then the test procedure stated in paragraph (c) (3) of 
this section shall be repeated.
    (5) After one test sample has remained in the oven for a period of 4 
hours, the Petri dish containing it shall be removed from the oven and 
allowed to cool to room temperature, after which 5 lengths of 2-inch 
pipe cleaner shall be soaked separately in the test sample for a period 
of 2 minutes. Then the test procedure stated in paragraph (c) (3) of 
this section shall be repeated.
    (d) Appraisal of tests. To be determined as fire resistant according 
to the test requirements of this section, the three following results 
shall be achieved:
    (1) The average number of cycles before attaining a self-sustaining 
flame in the test described in paragraph (c) (3) of this section shall 
be 24 or more.
    (2) The average number of cycles before attaining a self-sustaining 
flame in the test described in paragraph (c) (4) of this section shall 
be 18 or more.
    (3) The average number of cycles before attaining a self-sustaining 
flame in the test described in paragraph (c) (5) of this section shall 
be 12 or more.



Sec. 35.23  Performance required for certification.

    To qualify as fire-resistant under the regulations of this part, a 
hydraulic fluid shall meet each performance requirement and stated in 
Secs. 35.20(d), 35.21(d), and 35.22(d).

[[Page 180]]



PART 36--APPROVAL REQUIREMENTS FOR PERMISSIBLE MOBILE DIESEL-POWERED TRANSPORTATION EQUIPMENT--Table of Contents




                      Subpart A--General Provisions

Sec.
36.1  Purpose.
36.2  Definitions.
36.3  Consultation.
36.4  Mobile diesel-powered transportation equipment for which 
          certificates of approval may be granted.
36.5  Letters of certification.
36.6  Applications.
36.7  [Reserved]
36.8  Date for conducting tests.
36.9  Conduct of investigations, tests, and demonstrations.
36.10  Certificate of approval.
36.11  Approval plates.
36.12  Changes after certification.
36.13  Withdrawal of certification.

             Subpart B--Construction and Design Requirements

36.20  Quality of material, workmanship, and design.
36.21  Engine for equipment considered for certification.
36.22  Fuel-injection system.
36.23  Engine intake system.
36.24  Engine joints.
36.25  Engine exhaust system.
36.26  Composition of exhaust gas.
36.27  Fuel-supply system.
36.28  Signal or warning device.
36.29  Brakes.
36.30  Rerailing device.
36.31  Fire extinguisher.
36.32  Electrical components and systems.
36.33  Headlights and fixtures.

                      Subpart C--Test Requirements

36.40  Test site.
36.41  Testing methods.
36.42  Inspection.
36.43  Determination of exhaust-gas composition.
36.44  Maximum allowable fuel: air ratio.
36.45  Quantity of ventilating air.
36.46  Explosion tests of intake and exhaust systems.
36.47  Tests of exhaust-gas cooling system.
36.48  Tests of surface temperature of engine and components of the 
          cooling system.
36.49  Tests of exhaust-gas dilution system.
36.50  Tests of fuel tank.

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

    Source: Schedule 31, 26 FR 645, Jan. 24, 1961, unless otherwise 
noted.



                      Subpart A--General Provisions



Sec. 36.1  Purpose.

    The regulations in this part set forth the requirements for mobile 
diesel-powered transportation equipment to procure their approval and 
certification as permissible; procedures for applying for such 
certification; and fees.

[61 FR 55525, Oct. 25, 1996]



Sec. 36.2  Definitions.

    The following definitions apply in this part.
    Applicant An individual, partnership, company, corporation, 
association, or other organization, that designs, manufactures, 
assembles, or controls the assembly and that seeks a certificate of 
approval or preliminary testing of mobile diesel-powered transportation 
equipment as permissible.
    Certificate of approval. A formal document issued by MSHA stating 
that the complete assembly has met the requirements of this part for 
mobile diesel-powered transportation equipment and authorizing the use 
and attachment of an official approval plate so indicating.
    Component. A piece, part, or fixture of mobile diesel-powered 
transportation equipment that is essential to its operation as a 
permissible assembly.
    Diesel engine. A compression-ignition, internal-combustion engine 
that utilizes diesel fuel.
    Explosion proof. A component or subassembly that is so constructed 
and protected by an enclosure and/or flame arrester (s) that if a 
flammable mixture of gas is ignited within the enclosure it will 
withstand the resultant pressure without damage to the enclosure and/or 
flame arrester(s). Also the enclosure and/or flame arrester(s) shall 
prevent the discharge of flame or ignition of any flammable mixture that 
surrounds the enclosure.
    Flame arrester. A device so constructed that flame or sparks from 
the diesel engine cannot propagate an explosion of a flammable mixture 
through it.

[[Page 181]]

    Flammable mixture. A mixture of gas, such as methane, natural gas, 
or similar hydrocarbon gas with normal air, that will propagate flame or 
explode violently when initiated by an incendive source.
    Fuel-air ratio. The composition of the mixture of fuel and air in 
the combustion chamber of the diesel engine expressed as weight-pound of 
fuel per pound of air.
    MSHA. The United States Department of Labor, Mine Safety and Health 
Administration.
    Mobile diesel-powered transportation equipment. Equipment that is:
    (1) Used for transporting the product being mined or excavated, or 
for transporting materials and supplies used in mining or excavating 
operations;
    (2) Mounted on wheels or crawler treads (tracks); and
    (3) Powered by a diesel engine as the prime mover.
    Normal operation. When each component and the entire assembly of the 
mobile diesel-powered transportation equipment performs the functions 
for which they were designed.
    Permissible. As applied to mobile diesel-powered transportation 
equipment, this means that the complete assembly conforms to the 
requirements of this part, and that a certificate of approval to that 
effect has been issued.
    Subassembly. A group or combination of components.

[61 FR 55525, Oct. 25, 1996]



Sec. 36.3  Consultation.

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

[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 43 FR 12318, Mar. 
24, 1978; 60 FR 35695, July 11, 1995]



Sec. 36.4  Mobile diesel-powered transportation equipment for which certificates of approval may be granted.

    Certificates of approval will be granted for completely assembled 
mobile diesel-powered transportation equipment only. Subassemblies or 
components may be granted letters of certification in accordance with 
Sec. 36.5.



Sec. 36.5  Letters of certification.

    When a component or subassembly meets all of the applicable 
requirements of Subparts B and C of this part, and also its normal 
operation will not be affected by connection to adjacent components or 
subassemblies, MSHA will issue to the applicant, upon his request, a 
letter of certification informing him that additional inspection or 
tests of the component or subassembly will not be required when it is 
incorporated without modification in a piece of completely assembled 
mobile diesel-powered transportation equipment. The applicant may cite 
this letter of certification to another applicant who seeks approval and 
certification of his completely assembled mobile diesel-powered 
transportation equipment and who desires to incorporate the component or 
subassembly in such equipment.



Sec. 36.6  Applications.

    (a) No investigation or testing will be undertaken by MSHA except 
pursuant to a written application, in duplicate, accompanied by a check, 
bank draft, or money order, payable to the U.S. Mine Safety and Health 
Administration, to cover the fees; and all drawings, specifications, 
descriptions, and related materials. The application and all related 
matters and correspondence concerning it shall be addressed to the 
Approval and Certification Center, RR 1, Box 251, Industrial Park Road, 
Triadelphia, WV 26059.
    (b) Drawings, specifications, and descriptions shall be adequate in 
detail to identify fully the complete assembly, components, and 
subassemblies. Drawings, specifications, and descriptions shall include:
    (1) Assembly drawing(s) showing the overall dimensions of the 
equipment, location and capacity of the fuel tank, location of flame 
arresters, exhaust-gas

[[Page 182]]

conditioner and its water-supply tank, if applicable, exhaust-gas 
dilution system, and other details that are essential to the functioning 
of the equipment.
    (2) Except for equipment utilizing part 7, subpart F power packages, 
detailed drawings showing the intake, combustion, and exhaust systems of 
the diesel engine, including joints and gaskets; the turbulence or 
precombustion chamber, if applicable; injector assembly and nozzle 
details; and any surfaces that form the combustion chamber or part 
thereof, such as the cylinder head, piston and cylinder liner; and other 
features that may affect permissibility, such as exhaust-gas conditioner 
and flame arresters.
    (3) Except for equipment utilizing part 7, subpart F power packages, 
a schematic drawing of the fuel system showing piping, connections, fuel 
filters, fuel-injection pump, and mechanical governor assembly. All 
components shall be identified to permit adjustment, as necessary, and 
the location of seals or locks to prevent tampering shall be indicated.
    (4) Except for equipment utilizing part 7, subpart F power packages, 
drawing(s) specifying the kind of material and detailed dimensions of 
the components of explosion-proof enclosures, including joints and 
openings.
    (5) Drawing(s) showing the construction of headlights, battery 
boxes, including seals or locks, and method of mounting.
    (6) Other drawings, specifications, or descriptions identifying any 
feature that MSHA considers necessary for certification of the 
particular mobile diesel-powered transportation equipment.
    (c) Shipment of the mobile diesel-powered transportation equipment 
or component part or subassembly as the case may be, shall be deferred 
until MSHA has notified the applicant that the application will be 
accepted. Shipping instructions will be issued by MSHA and shipping 
charges shall be prepaid by the application. Upon completion of the 
investigation and notification thereof to the applicant by MSHA, the 
applicant shall remove his equipment promptly from the test site (see 
Sec. 36.40).
    (d) The application shall state that the equipment is completely 
developed and of the design and materials that the applicant believes to 
be suitable for a finished marketable product or is a completely 
developed component or subassembly suitable for incorporation in a 
finished marketable complete assembly of mobile diesel-powered 
transportation equipment. If the final design of a component depends 
upon results of MSHA's tests, this shall be so stated in the 
application.
    (e) For a complete investigation leading to approval and 
certification, the applicant shall furnish a complete operable assembly 
for inspecting and testing. Spare parts and expendable components, 
subject to wear in normal operation, shall be supplied by the applicant 
to permit continuous operation of the equipment during test periods. If 
special tools are necessary to disassembly any component for inspection 
or test, the applicant shall furnish these with the equipment to be 
tested.
    (f) With each application, the applicant shall submit evidence of 
how he proposes to inspect his completely assembled mobile diesel-
powered transportation equipment at the place of manufacture or assembly 
before shipment to purchasers. Ordinarily such inspection is recorded on 
a factory inspection form and the applicant shall furnish to MSHA a copy 
of his factory inspection form or equivalent with his application. The 
form shall direct attention to the points that must be checked to make 
certain that all components of the assembly are in proper condition, 
complete in all respects, and in agreement with the drawings, 
specifications, and descriptions filed with MSHA.
    (g) With the application, the applicant shall furnish to MSHA 
complete instructions for operating and servicing his equipment. After 
completing MSHA's investigation, if any revision of the instructions is 
required, a revised copy thereof shall be submitted to MSHA for 
inclusion with the drawings and specifications.

[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 43 FR 12318, Mar. 
24, 1978; 47 FR 14696, Apr. 6, 1982; 60 FR 33723, June 29, 1995; 60 FR 
35695, July 11, 1995; 61 FR 55526, Oct. 25, 1996]

[[Page 183]]



Sec. 36.7  [Reserved]



Sec. 36.8  Date for conducting tests.

    The date for acceptance of an application will determine the order 
of precedence for testing when more than one application is pending, and 
the applicant will be notified of the date on which tests will begin. If 
a complete assembly, or component, or subassembly fails to meet any of 
the requirements, it shall lose its order of precedence. However, if the 
cause of failure is corrected, testing will be resumed after completing 
such test work as may be in progress.



Sec. 36.9  Conduct of investigations, tests, and demonstrations.

    (a) Prior to the issuance of a certificate of approval or a letter 
of certification, as the case may require, necessary Government 
personnel, representatives of the applicant, and such other persons as 
may be mutually agreed upon may observe the investigations or tests. 
MSHA shall hold as confidential and shall not disclose principles or 
patentable features prior to certification, nor shall it disclose any 
details of drawings, specifications, descriptions, or related materials. 
After the issuance of a certificate of approval, MSHA may conduct such 
public demonstrations and tests of the approved mobile diesel-powered 
transportation equipment as it deems appropriate. The conduct of all 
investigations, tests, and demonstrations shall be under the direction 
and control of MSHA, and any other persons shall be present only as 
observers, except as noted in paragraph (b) of this section.
    (b) When requested by MSHA, the applicant shall provide assistance 
in disassembling parts for inspection, preparing parts for testing, and 
operating equipment during the tests.

[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 39 FR 24006, June 
28, 1974; 61 FR 55526, Oct. 25, 1996]



Sec. 36.10  Certificate of approval.

    (a) Upon completion of investigation of a complete assembly of 
mobile diesel-powered transportation equipment, MSHA will issue to the 
applicant either a certificate of approval or a written notice of 
disapproval, as the case may require. No informal notification of 
approval will be issued. If a certificate of approval is issued, no test 
data or detailed results of tests will accompany it. If a notice of 
disapproval is issued, it will be accompanied by details of the defects, 
with a view to possible correction. MSHA will not disclose, except to 
the applicant, any information on mobile diesel-powered transportation 
equipment upon which a notice of disapproval has been issued.
    (b) A certificate of approval will be accompanied by a list of 
drawings, specifications, and related material covering the details of 
design and construction of equipment upon which the certificate of 
approval is based. Applicants shall keep exact duplicates of the 
drawings, specifications, and descriptions that relate to equipment 
which has received a certificate of approval, and these are to be 
adhered to exactly in production of the certified equipment.
    (c) A certificate of approval will be accompanied by an appropriate 
caution statement specifying the conditions to be observed for operating 
and maintaining the equipment and to preserve its permissible status.



Sec. 36.11  Approval plates.

    (a) A certificate of approval will be accompanied by a photograph of 
an approval plate, bearing the emblem of the Mine Safety and Health 
Administration and spaces for the approval number, the type, the serial 
number, and ventilation requirement; the name of the complete assembly; 
and the name of the applicant.
    (b) The applicant shall reproduce the design as a separate plate, 
which shall be attached, in a suitable place, on each complete assembly 
to which it relates. The size, type, and method of attaching and 
location of an approval plate are subject to MSHA's approval. The method 
of affixing the approval plate shall not impair the permissibility 
(explosion-proof) features of the complete assembly of mobile diesel-
powered transportation equipment.
    (c) The approval plate identifies the equipment, to which it is 
attached, as permissible and is the applicant's guarantee that the 
equipment complies with the requirements of this part.

[[Page 184]]

Without an approval plate no equipment is considered permissible under 
the provisions of this part.
    (d) Use of the approval plate obligates the applicant to whom the 
certificate of approval was granted to maintain in his plant the quality 
of each complete assembly bearing it and guarantees that it is 
manufactured and assembled according to the drawings, specifications, 
and descriptions upon which a certificate of approval was based.

[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 43 FR 12318, Mar. 
24, 1978]



Sec. 36.12  Changes after certification.

    If an applicant desires to change any feature of certified 
equipment, he shall first obtain MSHA's approval of the change, pursuant 
to the following procedure:
    (a) Application shall be made as for an original certificate of 
approval, 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.
    (b) The application will be examined by MSHA to determine whether 
inspection and testing of the modified equipment or component or 
subassembly will be required. Testing will be necessary if there is a 
possibility that the modification may affect adversely the performance 
of the equipment. MSHA will inform the applicant whether such testing is 
required and the component, subassembly, and related material to be 
submitted for that purpose.
    (c) If the proposed modification meets the requirements of this 
part, a formal extension of certification will be issued, accompanied by 
a list of new and corrected drawings and specifications to be added to 
those already on file as the basis for the extension of certification.

[Schedule 31, 26 FR 645, Jan. 24, 1961, as amended at 52 FR 17516, May 
8, 1987]



Sec. 36.13  Withdrawal of certification.

    MSHA reserves the right to rescind for cause any certificate of 
approval granted under this part.



             Subpart B--Construction and Design Requirements



Sec. 36.20  Quality of material, workmanship, and design.

    (a) MSHA will test only equipment that in the opinion of its 
qualified representatives is constructed of suitable materials, is of 
good quality workmanship, based on sound engineering principles, and is 
safe for its intended use. Since all possible designs, arrangements, or 
combinations of components and materials cannot be foreseen, MSHA 
reserves the right to modify the construction and design requirements of 
subassemblies or components and tests thereof to obtain the same degree 
of protection as provided by the tests described in Subpart C of this 
part.
    (b) The quality of material, workmanship, and design shall conform 
to the requirements of Sec. 7.98(q) of this chapter.
    (c) Power packages approved under part 7, subpart F of this chapter 
are considered to be acceptable for use in equipment submitted for 
approval under this part. Sections 36.21 through 36.26 (except 
Sec. 36.25(f)) and Secs. 36.43 through 36.48 are not applicable to 
equipment utilizing part 7, subpart F power packages, since these 
requirements have already been satisfied.

[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 61 FR 55526, Oct. 
25, 1996]



Sec. 36.21  Engine for equipment considered for certification.

    Only equipment powered by a compression-ignition (diesel) engine and 
burning diesel fuel will be considered for approval and certification. 
The starting mechanism shall be actuated pneumatically, hydraulically, 
or by other methods acceptable to MSHA. Electric starting shall not be 
accepted. Engines burning other fuels or utilizing volatile fuel 
starting aids will not be investigated.

[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 61 FR 55526, Oct. 
25, 1996]



Sec. 36.22  Fuel-injection system.

    This system shall be so constructed that the quantity of fuel 
injected can be controlled at a desired maximum value and shall be so 
arranged that this

[[Page 185]]

adjustment can be changed only after breaking a seal or unlocking a 
compartment. Provision shall be made for convenient adjustment of the 
maximum fuel-injection rate to that required for safe operation at 
different altitudes (elevations above sea level). The governor, 
controlling engine speed and fuel injection, shall not directly affect 
airflow to the engine and provision shall be made to seal or lock its 
adjustment compartment. Filters shall be provided to insure that only 
clean fuel will reach the injection pump or injectors.



Sec. 36.23  Engine intake system.

    (a) Construction. The intake system (exclusive of the air cleaner) 
shall be designed to withstand an internal pressure equal to 4 times the 
maximum pressure observed in explosion tests, which are described in 
Sec. 36.46, or a pressure of 125 pounds per square inch, whichever is 
the lesser. Joints in the intake system shall be formed by metal flanges 
fitted with metal or metal-clad gaskets, positively positioned by 
through bolts or other suitable means for secure assembly, or shall meet 
the requirements for flanged metal-to-metal flame-proof joints as 
required in Sec. 36.20(b). Either type of joint shall withstand repeated 
explosions within the intake system without permanent deformation and 
shall prevent the propagation of flame through the joint into a 
surrounding flammable mixture.
    (b) Intake flame arrester. (1) The intake system shall include a 
flame arrester that will prevent an explosion within the system from 
propagating to a surrounding flammable mixture. This flame arrester 
shall be between the air cleaner and the intake manifold and shall be 
attached so that it may be removed for inspecting, cleaning, or 
repairing. Its construction shall be such that it may be cleaned 
readily. The flame arrester shall be of rugged construction to withstand 
the effects of repeated explosions within the intake system, and the 
material of construction shall resist deterioration in service. It shall 
be so mounted in the equipment assembly that it is protected from 
accidental external damage.
    (2) The parts of any flame arrester shall be positively positioned 
to produce a flame path that will arrest the propagation of an explosion 
and shall be so designed that improper assembly is impossible. In flame 
arresters of the spaced-plate type, the thickness of the plates shall be 
at least 0.125 inch; spacing between the plates shall not exceed 0.018 
inch; and the plates forming the flame path shall be at least 1 inch 
wide. The unsupported length of the plates shall be short enough that 
deformation during the explosion tests shall not exceed 0.002 inch. 
Corrosion-resistant metal shall be used to construct flame arresters.
    (c) Air shutoff valve. The intake system shall include a valve, 
operable from the operator's compartment, to shut off the air supply to 
the engine. This valve shall be constructed to permit its operation only 
after the fuel supply to the engine is shut off. In reverse operation 
the valve must open fully before fuel can be supplied to the engine.
    (d) Air cleaner. An air cleaner shall be included in the engine 
intake system and so arranged that only clean air will enter the flame 
arrester. The resistance to airflow shall not increase rapidly in dusty 
atmospheres. Filters of the self-cleansing (oil-bath) type will be 
considered satisfactory for this application. Provision, satisfactory to 
MSHA, shall be made to prevent overfilling the oil-bath air cleaner.
    (e) Vacuum-gage connection. A connection shall be provided in the 
intake system for temporary attachment of a vacuum gage to indicate the 
pressure drop under flow conditions. This opening shall be closed by a 
plug or other suitable device that is sealed or locked in place except 
when a gage is attached.



Sec. 36.24  Engine joints.

    (a) Cylinder head. The joint between the cylinder head and block of 
the engine shall be fitted with a metal or metal-clad gasket 
satisfactory to MSHA held securely in position by through bolts or other 
suitable means to prevent a change in alignment. This joint shall 
provide an adequate flame barrier with the gasket in place.
    (b) Valve guides. Valve guides shall be long enough to form an 
adequate flame barrier along the valve stem.

[[Page 186]]

    (c) Gaskets. All metal or metal-clad gaskets shall maintain their 
tightness during repeated explosions within the engine and its intake 
and exhaust systems to prevent the propagation of flame.



Sec. 36.25  Engine exhaust system.

    (a) Construction. The exhaust system of the engine shall be designed 
to withstand an internal pressure equal to 4 times the maximum pressure 
observed in explosion tests, which are described in Sec. 36.46, or a 
pressure of 125 pounds per square inch, whichever is the lesser. The 
system shall withstand repeated internal explosions without permanent 
deformation or deterioration.
    (b) Exhaust flame arrester. (1) The exhaust system of the engine 
shall be provided with a flame arrester to prevent propagation of flame 
or discharge of heated particles to a surrounding flammable mixture. The 
flame arrester shall be so positioned that only cooled exhaust gas will 
discharge through it and shall be so designed and attached that it can 
be removed for inspecting, cleaning, or repairing. Its construction 
shall be such that it can be cleaned readily. The flame arrester shall 
be of rugged construction to withstand the effects of repeated 
explosions within the exhaust system, and the material of construction 
shall resist deterioration in service. It shall be so mounted in the 
equipment assembly that it is protected from accidental external damage.
    (2) A spaced-plate flame arrester for the exhaust system shall meet 
the same requirements as flame arresters for the intake system (see 
Sec. 36.23(b)(2)).
    (3) In lieu of a space-place flame arrester, an exhaust-gas cooling 
box or conditioner may be used as the exhaust flame arrester provided 
that explosion tests demonstrate that the cooling box will arrest flame. 
When used as a flame arrester the cooling box shall be equipped with a 
device to shut off automatically the fuel supply to the engine at a safe 
minimum water level. A cooling box used as a flame arrester shall 
withstand repeated explosion tests without permanent deformation. It 
shall be constructed of material, satisfactory to MSHA, that will resist 
deterioration in service.
    (c) Exhaust cooling system. (1) A cooling system shall be provided 
for the engine exhaust gas. The heat-dissipation capacity shall be 
capable of reducing the temperature of the undiluted exhaust gas to less 
than 170  deg.F. at the point of discharge from the cooling system under 
any condition of engine operation acceptable to MSHA. A device shall be 
provided that will automatically shut off the fuel supply to the engine 
immediately if the temperature of the exhaust gas exceeds 185  deg.F. at 
the point of discharge from the cooling system. Provision shall be made, 
acceptable to MSHA, to prevent restarting the engine after the fuel 
supply has been shut off automatically until the water supply in the 
cooling box has been replenished. When the cooling box is used as a 
flame arrester, one safety device may be accepted provided it controls a 
safe minimum water level in the cooling box and also prevents the final 
exhaust temperature from exceeding 185  deg.F.
    (2) Cooling shall be obtained by passing the exhaust gas through 
water or a dilute aqueous chemical solution held in a cooling box or 
conditioner, or by a spray of water or a dilute aqueous chemical 
solution that will enter the exhaust system near the outlet of the 
exhaust manifold, or a combination of the two methods. When a spray is 
used it shall be provided with a filtering device to protect the nozzle 
from clogging. Provisions shall be made for draining and cleaning all 
parts of the exhaust cooling system. Openings for draining and cleaning 
shall be closed and sealed or locked by a method satisfactory to MSHA.
    (3) The cooling system shall be constructed of corrosion-resistant 
metal suitable for the intended application.
    (4) The cooling system shall store enough water or aqueous solution 
to permit operation of the engine at one-third load factor for eight 
hours. The minimum quantity of usable water or aqueous solution 
available for cooling shall equal the consumption for one hour with the 
engine operating at maximum load and speed multiplied by 8 and this 
product divided by 3.
    (d) Surface temperature of engine and exhaust system. (1) The 
temperature of any external surface of the engine or

[[Page 187]]

exhaust system shall not exceed 400  deg.F. under any condition of 
engine operation prescribed by MSHA. Water-jacketed components shall 
have integral jackets and provision shall be made for positive 
circulation of water in the jackets and to automatically shut off the 
engine when the temperature in the cooling jacket(s) exceeds 212  deg.F. 
Insulated coverings to control surface temperature are not acceptable.
    (2) When a spray is used to reduce the temperature of the exhaust 
gas, it shall be located as near as practicable to the outlet of the 
exhaust manifold.
    (3) Exterior surfaces of the exhaust system shall be designed to 
minimize accumulation and lodgement of dust or combustible substances 
and to permit ready access for cleaning.
    (e) Tightness of exhaust system. All joints in the exhaust system 
shall be tight to prevent the flow of exhaust gas through them under any 
condition of engine operation prescribed by MSHA. A tight system shall 
be obtained by the use of ground joints, or thin metal or metal-clad 
gaskets. All such joints shall be fitted with adequate through bolts and 
all gaskets shall be aligned and held firmly in position by the bolts or 
other suitable means. Such joints shall remain tight to prevent passage 
of flame or propagation of repeated internal explosions to a surrounding 
flammable mixture.
    (f) Dilution of exhaust gas. (1) Provision shall be made to dilute 
the exhaust gas with and before it is discharged into the surrounding 
atmosphere. The discharged exhaust gas shall be so diluted with air that 
the mixture shall not contain more than 0.5 percent, by volume, of 
carbon dioxide; 0.01 percent, by volume, of carbon monoxide; 0.0025 
percent, by volume, of oxides of nitrogen (calculated as equivalent 
nitrogen dioxide); or 0.0010 percent, by volume, of aldehydes 
(calculated as equivalent formaldehyde) under any condition of engine 
operation prescribed by MSHA.
    (2) The final diluted exhaust mixture shall be discharged in such a 
manner that it is directed away from the operator's compartment and also 
away from the breathing zones of persons required to be alongside the 
equipment.
    (g) Pressure-gage connection. A connection shall be provided in the 
exhaust system for convenient, temporary attachment of a pressure gage 
at a point suitable for measuring the total back pressure in the system. 
The connection also shall be suitable for temporary attachment of gas-
sampling equipment to the exhaust system. This opening shall be closed 
by a plug or other suitable device that is sealed or locked in place 
except when a gage or sampling tube is attached.



Sec. 36.26  Composition of exhaust gas.

    (a) Preliminary engine adjustment. The engine shall be submitted to 
MSHA by the applicant in such condition that it can be tested 
immediately at full load and speed. The preliminary liquid-fuel-
injection rate shall be such that the exhaust will not contain black 
smoke and the applicant shall adjust the injection rate promptly to 
correct any adverse conditions disclosed by preliminary tests.
    (b) Final engine adjustment. The liquid fuel supply to the engine 
shall be adjusted so that the undiluted exhaust gas shall contain not 
more than 0.30 percent, by volume, of carbon monoxide or 0.20 percent, 
by volume, of oxides of nitrogen (calculated as equivalent nitrogen 
dioxide, NO2) under any conditions of engine operation 
prescribed by MSHA when the intake air mixture to the engine contains 
1.5plus-minus0.1 percent, by volume, of Pittsburgh natural 
gas. 3
---------------------------------------------------------------------------

     3 Investigation has shown that for practical purposes, 
Pittsburgh natural gas (containing a high percentage of methane) is a 
satisfactory substitute for pure methane in these tests.
---------------------------------------------------------------------------

    (c) Coupling or adapter. The applicant shall provide the coupling or 
adapter for connecting the engine to MSHA's dynamometer.
    Note: Preferably this coupling or adapter should be attached to the 
flywheel of the engine.

Clutches, transmissions, or torque converters ordinarily are not 
required in the coupling train.



Sec. 36.27  Fuel-supply system.

    (a) Fuel tank. (1) The fuel tank shall not leak and shall be 
fabricated of

[[Page 188]]

metal at least \1/16\ inch thick, welded at all seams, except that tanks 
of 5 gallons or less capacity may have thinner walls which shall be 
preformed or reinforced to provide good resistance to deflection. A 
drain plug (not a valve or petcock) shall be provided and locked in 
position. A vent opening shall be provided in the fuel filler cap of 
such design that atmospheric pressure is maintained inside the tank. The 
size of the vent opening shall be restricted to prevent fuel from 
splashing through it. The filler opening shall be so arranged that fuel 
can be added only through a self-closing valve at least 1 foot from the 
exhaust manifold of the engine, preferably below it. The self-closing 
valve shall constitute a fuel-tight closure when fuel is not being 
added. Any part of the self-closing valve that might become detached 
during the addition of fuel shall be secured to the tank by a chain or 
other fastening to prevent loss.
    (2) The fuel tank shall have a definite position in the equipment 
assembly, and no provision shall be made for attachment of separate or 
auxiliary fuel tanks.
    (3) Capacity of the fuel tank shall not exceed the amount of fuel 
necessary to operate the engine continuously at full load for 
approximately four hours.
    (b) Fuel lines. All fuel lines shall be installed to protect them 
against damage in ordinary use and they shall be designed, fabricated, 
and secured to resist breakage from vibration.
    (c) Valve in fuel line. A shutoff valve shall be provided in the 
fuel system, installed in a manner acceptable to MSHA.
    Note: This shutoff valve is in addition to the normal shutoff 
provided in the fuel-injection system and also in addition to the air-
shutoff valve.



Sec. 36.28  Signal or warning device.

    All mobile diesel-powered transportation equipment shall be provided 
with a bell, horn, or other suitable warning device convenient to the 
operator. Warning devices shall be operated manually or pneumatically.



Sec. 36.29  Brakes.

    All mobile diesel-powered transportation equipment shall be equipped 
with adequate brakes acceptable to MSHA.



Sec. 36.30  Rerailing device.

    All mobile diesel-powered transportation equipment designed to 
travel on rails in haulage service shall carry a suitable rerailing 
device.



Sec. 36.31  Fire extinguisher.

    Each unit of mobile diesel-powered transportation equipment shall be 
fitted with a fire extinguisher carried in a location easily accessible 
to the operator and protected by position from external damage. Liquid 
carbon dioxide extinguishers shall contain an active charge of not less 
than 4 pounds. Pressurized dry chemical extinguishers shall contain an 
active charge of not less than 2\1/2\ pounds.



Sec. 36.32  Electrical components and systems.

    (a) Electrical components on mobile diesel-powered transportation 
equipment shall be certified or approved under Part 18, 20 or 27 of this 
chapter, as applicable, and shall bear the certification number assigned 
by MSHA.
    (b) Electrical systems on mobile diesel-powered transportation 
equipment shall meet the requirements of Part 18 or 27 of this chapter, 
as applicable.

[47 FR 11372, Mar. 16, 1982]



Sec. 36.33  Headlights and fixtures.

    (a) Headlights and lighting fixtures on mobile diesel-powered 
transportation equipment shall be protected from external damage by 
recessing them in the equipment frame, enclosing them within a shield of 
substantial construction, or by any other method that provides 
equivalent protection.
    (b) Mobile diesel-powered transportation equipment shall be equipped 
with at least one headlight on each end.

[47 FR 11372, Mar. 16, 1982]

[[Page 189]]



                      Subpart C--Test Requirements



Sec. 36.40  Test site.

    Tests shall be conducted at MSHA's Diesel Testing Laboratory or 
other appropriate place(s) determined by MSHA.

[39 FR 24006, June 28, 1974, as amended at 43 FR 12318, Mar. 24, 1978]



Sec. 36.41  Testing methods.

    Mobile diesel-powered transportation equipment submitted for 
certification and approval shall be tested to determine its combustion, 
explosion-proof, and other safety characteristics. MSHA shall prescribe 
the tests and reserves the right to modify the procedure(s) to attain 
these objectives (see Sec. 36.20).



Sec. 36.42  Inspection.

    A detailed inspection shall be made of the equipment and all 
components and features related to safety in operation. The inspection 
shall include:
    (a) Investigating the materials, workmanship, and design to 
determine their adequacy.
    (b) Checking the parts and assemblies against the drawings and 
specifications with respect to materials, dimensions, and locations to 
verify their conformance.
    (c) Inspecting and measuring joints, flanges, and other possible 
flame paths in the intake and exhaust systems to determine whether they 
will prevent the issuance of flame or propagation of an internal 
explosion.
    (d) Inspecting and measuring flame arresters to determine whether 
they will prevent the issuance of flame or propagation of an internal 
explosion.



Sec. 36.43  Determination of exhaust-gas composition.

    (a) Samples shall be taken to determine the composition of the 
exhaust gas while the engine is operated at loads and speeds prescribed 
by MSHA to determine the volume of air (ventilation) required to dilute 
the exhaust gas (see Sec. 36.45). The engine shall be at temperature 
equilibrium before exhaust-gas samples are collected or other test data 
are observed. At all test conditions the intake mixture shall contain 
1.5plus-minus0.1 percent, by volume, of Pittsburgh natural 
gas (see footnote 3) in the air. Test observations shall include the 
rate of fuel consumption, pressures, temperatures, and other data 
significant in the safe operation of diesel equipment.
    (b) Exhaust-gas samples shall be analyzed for carbon dioxide, 
oxygen, carbon monoxide, hydrogen, methane, nitrogen, oxides of 
nitrogen, and aldehydes, or any other constituent prescribed by MSHA.
    (c) The intake and exhaust systems shall be complete with all 
component equipment such as air cleaners, flame arresters, and exhaust 
cooling systems. The performance of component equipment shall be 
observed to determine whether it functions properly.

[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 61 FR 55526, Oct. 
25, 1996]



Sec. 36.44  Maximum allowable fuel : air ratio.

    (a) When an engine is delivered to MSHA with the fuel-injection 
system adjusted by the applicant and tests of the exhaust-gas 
composition (see Sec. 36.43) show not more than 0.30 percent, by volume, 
of carbon monoxide, the applicant's adjustment of the fuel-injection 
system shall be accepted. The maximum fuel : air ratio determined from 
the exhaust-gas composition shall be designated as the maximum allowable 
fuel : air ratio. The maximum liquid fuel rate (pounds per hour) that 
produces the maximum allowable fuel : air ratio shall be designated as 
the maximum allowable fuel rate for operating the equipment at 
elevations not exceeding 1,000 feet above sea level.
    (b) When the carbon monoxide content of the exhaust exceeds 0.30 
percent, by volume, only near maximum power output, the maximum fuel : 
air ratio at which carbon monoxide does not exceed 0.30 percent shall be 
calculated and designated as the maximum allowable fuel : air ratio. The 
corresponding calculated liquid fuel rate shall be designated as the 
maximum allowable fuel rate at elevations not exceeding 1,000 feet above 
sea level.
    Note: The applicant may be requested to adjust the liquid fuel rate 
during tests to determine the maximum allowable fuel : air ratio.

[[Page 190]]

    (c) The maximum allowable fuel : air ratio and maximum liquid fuel 
rates shall be used to calculate a liquid fuel rate-altitude table that 
shall govern the liquid fuel rate of engines operated at elevations 
exceeding 1,000 feet above sea level.



Sec. 36.45  Quantity of ventilating air.

    (a) Results of the engine tests shall be used to calculate 
ventilation (cubic feet of air per minute) that shall be supplied by 
positive air movement when the permissible mobile diesel-powered 
transportation equipment is used underground. This quantity shall be 
stamped on the approval plate. The quantity so determined shall apply 
when only one machine is operated.
    (b) Determination of the ventilation rate shall be based upon 
dilution of the exhaust gas with normal air. The most undesirable and 
hazardous condition of engine operation prescribed by MSHA shall be used 
in the calculations. The concentration of any of the following 
individual constituents in the diluted mixture shall not exceed:

0.25 percent, by volume, of carbon dioxide (CO2).
0.005 percent, by volume, of carbon monoxide (CO).
0.00125 percent, by volume, of oxides of nitrogen (calculated as 
equivalent nitrogen dioxide, NO2).


The oxygen (O2) content of the diluted mixture shall be not 
less than 20 percent, by volume. The maximum quantity of normal air to 
produce the above dilution shall be designated the ventilation rate.

    Note: This ventilation rate will provide a factor of safety for 
exposure of persons to air mixtures containing harmful or objectionable 
gases and for minor variations in engine performance.



Sec. 36.46  Explosion tests of intake and exhaust systems.

    (a) Explosion tests to determine the strength of the intake and 
exhaust systems to withstand internal explosions and the adequacy of the 
flame arresters to prevent the propagation of an explosion shall be made 
with the systems connected to the engine or the systems simulated as 
connected to the engine. The system shall be filled with and surrounded 
by an explosive natural gas-air mixture. The mixture within the intake 
and exhaust systems shall be ignited by suitable means and the internal 
pressure developed by the resultant explosion shall be determined. Tests 
shall be conducted with the ignition source in several different 
locations to determine the maximum pressure developed by an internal 
explosion.
    (b) Explosion tests shall be made with the engine at rest and with 
the flammable natural gas-air mixtures in the intake and exhaust 
systems. In other tests with the flammable mixture in motion, the engine 
shall be driven (externally) at speeds prescribed by MSHA but no liquid 
fuel shall be supplied to the injection valves.
    (c) The temperature of the flame arresters in the intake or exhaust 
systems shall not exceed 212  deg.F. when an explosion test is 
conducted. Any water-spray cooling for the exhaust system shall not be 
operated and water shall not be present in the exhaust cooling boxes 
except when water is the cooling agent for a cooling box designed to act 
as a flame arrester, in which case MSHA will prescribe the test 
conditions.
    (d) The explosion tests of the intake and exhaust systems shall not 
result in:
    (1) Discharge of visible flame from any joint or opening.
    (2) Ignition of surrounding flammable gas-air mixture.
    (3) Development of dangerous afterburning. 4 
---------------------------------------------------------------------------

    4  The term ``afterburning'' as used in this part is applied 
to combustion of a flammable gas-air mixture drawn into the system under 
test by the cooling of the products from an explosion in the system.
---------------------------------------------------------------------------

    (4) Excessive pressures.



Sec. 36.47  Tests of exhaust-gas cooling system.

    (a) The adequacy of the exhaust-gas cooling system and its 
components shall be determined with the engine operating at the maximum 
allowable liquid fuel rate and governed speed with 
0.5plus-minus0.1 percent, by volume, of natural gas in the 
intake air mixture. All parts of the engine and exhaust-gas cooling 
system shall be at their respective equilibrium temperatures. The 
cooling spray, if any, shall be operated, and all

[[Page 191]]

compartments designed to hold cooling water shall be filled with the 
quantity of water recommended by the applicant. No cooling air shall be 
circulated over the engine or components in the cooling system during 
the test.
    (b) Determinations shall be made during the test to establish the 
cooling performance of the system, the cooling water consumption, high-
water level when the system sprays excess water, and low-water level 
when the cooling system fails.
    (c) The final exhaust-gas temperature at discharge from the cooling 
system, and before the exhaust gas is diluted with air, shall not exceed 
170  deg.F. or the temperature of adiabatic saturation, if this 
temperature is lower.
    (d) Water consumed in cooling the exhaust gas under the test 
conditions shall not exceed by more than 15 percent that required for 
adiabatic saturation of the exhaust-gas at the final temperature. Water 
in excess of that required for adiabatic saturation shall be considered 
as entrained water. Enough water shall be available in the cooling 
system or in reserve supply compartments for sustained satisfactory 
operation for at least 2\2/3\ hours under the test conditions.
    Note: This amount is enough to cool the exhaust for an 8-hour shift 
at one-third load factor.
    (e) The adequacy of the automatic fuel shutoff actuated by the 
temperature of the final exhaust shall be determined with the engine 
operating under test conditions by withdrawing water until the cooling 
system fails to function. The final exhaust-gas temperature at which the 
liquid fuel to the engine is automatically shut off shall be noted. This 
temperaure shall not exceed 185  deg.F.
    (f) Following the automatic fuel shutoff test in paragraph (e) of 
this section, the temperature of the control point shall be allowed to 
fall to 170  deg.F. At this temperature and with the water replenished 
in the cooling system, it shall be possible to start the engine.
    Note: If the cooling system includes a reserve supply water tank, 
the line or lines connecting it to the cooling compartment may require a 
suitable flame arrester.
    (g) The effectiveness of the automatic engine shut-off, which will 
operate when the water in the cooling jacket(s) exceeds 212  deg.F., 
shall be determined by causing the jacket temperature to exceed 212 
deg.F.



Sec. 36.48  Tests of surface temperature of engine and components of the cooling system.

    (a) The surface temperatures of the engine, exhaust cooling system, 
and other components subject to heating by engine operation shall be 
determined with the engine operated as prescribed by MSHA. All parts of 
the engine, cooling system, and other components shall have reached 
their respective equilibrium temperatures. The exhaust cooling system 
shall be operated, but air shall not be circulated over the engine or 
components. Surface temperatures shall be measured at various places 
prescribed by MSHA to determine where maximum temperatures develop.
    (b) The temperature of any surface shall not exceed 400  deg.F.
    Note to Sec. 36.48: The engine may be operated under test conditions 
prescribed by MSHA while completely surrounded by a flammable mixture. 
MSHA reserves the right to apply combustible materials to any surface 
for test. Operation under such conditions shall not ignite the flammable 
mixture.

[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 61 FR 55526, Oct. 
25, 1996]



Sec. 36.49  Tests of exhaust-gas dilution system.

    The performance and adequacy of the exhaust-gas dilution system 
shall be determined in tests of the complete equipment. The engine, at 
temperature equilibrium, shall be operated in normal air as prescribed 
by MSHA. Samples of the undiluted exhaust gas and of the diluted exhaust 
gas, at location(s) prescribed by MSHA, shall be considered with the 
data obtained from the engine test (see Sec. 36.43) to determine that 
the concentrations of carbon dioxide, carbon monoxide, oxides of 
nitrogen, and aldehydes in the diluted

[[Page 192]]

exhaust shall be below the required concentrations specified in 
Sec. 36.25(f)(1).



Sec. 36.50  Tests of fuel tank.

    The fuel tank shall be inspected and tested to determine whether: 
(a) It is fuel-tight, (b) the vent maintains atmospheric pressure within 
the tank, and (c) the vent and closure restrict the outflow of liquid 
fuel.

[[Page 193]]



                       SUBCHAPTERS C-F [RESERVED]





       SUBCHAPTER G--FILING AND OTHER ADMINISTRATIVE REQUIREMENTS





PART 40--REPRESENTATIVE OF MINERS--Table of Contents




Sec.
40.1  Definitions.
40.2  Requirements.
40.3  Filing procedures.
40.4  Posting at mine.
40.5  Termination of designation as representative of miners.

    Authority: Secs. 5(f)(1), 101(c) and (e), 103(c), (f), (g)(1) and 
(g)(2), 104(c), 105(a), (b)(1), (c)(1), (c)(2), (c)(3), and (d), 
107(b)(1) and (e)(1), 109(b), 115(a)(1) and (a)(2), 302(a), 305(b), 
312(b), 505 and 508, Federal Mine Safety and Health Act of 1977, Pub. L. 
91-173 as amended by Pub. L. 95-164, 83 Stat. 745, 91 Stat. 1294, 1295, 
1298, 1299, 1301, 1303, 1304, 1305, 1308, 1310 and 1316, 83 Stat. 766, 
777, 785, 802, and 803 (30 U.S.C. 804(f)(1), 811(c) and (e), 813(c), 
(f), (g)(1) and (g)(2), 814(c), 815(a), (b)(1), (c)(1), (c)(2), (c)(3) 
and (d), 817(b)(1) and (e)(1), 819(b), 825(a)(1) and (a)(2), 862(a), 
865(b), 872(b), 954 and 957); sec. 307, Federal Mine Safety and Health 
Amendments Act of 1977, Pub. L. 95-164, 91 Stat. 1322 (30 U.S.C. 801 
note).

    Source: 43 FR 29509, July 7, 1978, unless otherwise noted.



Sec. 40.1  Definitions.

    As used in this Part 40:
    (a) Act means the Federal Mine Safety and Health Act of 1977.
    (b) Representative of miners means:
    (1) Any person or organization which represents two or more miners 
at a coal or other mine for the purposes of the Act, and
    (2) Representatives authorized by the miners, miners or their 
representative, authorized miner representative, and other similar terms 
as they appear in the Act.



Sec. 40.2  Requirements.

    (a) A representative of miners shall file with the Mine Safety and 
Health Administration District Manager for the district in which the 
mine is located the information required by Sec. 40.3 of this part. 
Concurrently, a copy of this information shall be provided to the 
operator of the mine by the representative of miners.
    (b) Miners or their representative organization may appoint or 
designate different persons to represent them under various sections of 
the act relating to representatives of miners.
    (c) All information filed pursuant to this part shall be maintained 
by the appropriate Mine Safety and Health Administration District Office 
and shall be made available for public inspection.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[43 FR 29509, July 7, 1978, as amended at 47 FR 14696, Apr. 6, 1982; 60 
FR 33722, June 29, 1995]



Sec. 40.3  Filing procedures.

    (a) The following information shall be filed by a representative of 
miners with the appropriate District Manager, with copies to the 
operators of the affected mines. This information shall be kept current:
    (1) The name, address, and telephone number of the representative of 
miners. If the representative is an organization, the name, address, and 
telephone number of the organization and the title of the official or 
position, who is to serve as the representative and his or her telephone 
number.
    (2) The name and address of the operator of the mine where the 
represented miners work and the name, address, and Mine Safety and 
Health Administration identification number, if known, of the mine.
    (3) A copy of the document evidencing the designation of the 
representative of miners.
    (4) A statement that the person or position named as the 
representative of miners is the representative for all purposes of the 
Act; or if the representative's authority is limited, a statement of the 
limitation.
    (5) The names, addresses, and telephone numbers, of any 
representative to serve in his absence.

[[Page 194]]

    (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.
    (7) A statement certifying that all information filed is true and 
correct followed by the signature of the representative of miners.
    (b) The representative of miners shall be responsible for ensuring 
that the appropriate District Manager and operator have received all of 
the information required by this part and informing such District 
Manager and operator of any subsequent changes in the information.



Sec. 40.4  Posting at mine.

    A copy of the information provided the operator pursuant to 
Sec. 40.3 of this part shall be posted upon receipt by the operator on 
the mine bulletin board and maintained in a current status.



Sec. 40.5  Termination of designation as representative of miners.

    (a) A representative of miners who becomes unable to comply with the 
requirements of this part shall file a statement with the appropriate 
District Manager terminating his or her designation.
    (b) The Mine Safety and Health Administration shall terminate and 
remove from its files all designations of representatives of miners 
which have been terminated pursuant to paragraph (a) of this section or 
which are not in compliance with the requirements of this part. The Mine 
Safety and Health Administration shall notify the operator of such 
termination.



PART 41--NOTIFICATION OF LEGAL IDENTITY--Table of Contents




                         Subpart A--Definitions

Sec.
41.1  Definitions.

                Subpart B--Notification of Legal Identity

41.10  Scope.
41.11  Notification by operator.
41.12  Changes; notification by operator.
41.13  Failure to notify.

       Subpart C--Operator's Report to the Mine Safety and Health 
                             Administration

41.20  Legal identity report.
41.30  Address of record and telephone number.

    Authority: Secs. 103(h), 109(d) and 508, Federal Mine Safety and 
Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 
Stat. 1299 and 1310, 83 Stat. 803 (30 U.S.C. 813(h), 819(d) and 957); 
sec. 307, Federal Mine Safety and Health Amendments Act of 1977, Pub. L. 
95-164, 91 Stat. 1322 (30 U.S.C. 801 note).

    Source: 43 FR 29512, July 7, 1978, unless otherwise noted.



                         Subpart A--Definitions



Sec. 41.1  Definitions.

    As used in this part:
    (a) Operator means any owner, lessee, or other person who operates, 
controls, or supervises a coal or other mine or any designated 
independent contractor performing services or construction at such mine.
    (b) Person means any individual, sole proprietor, partnership, 
association, corporation, firm, subsidiary of a corporation, or other 
organization.
    (c) Coal or other mine means (a) an area of land from which minerals 
are extracted in nonliquid form or, if in liquid form, are extracted 
with workers underground, (b) private ways and roads appurtenant to such 
area, and (c) lands, excavations, underground passageways, shafts, 
slopes, tunnels and workings, structures, facilities, equipment, 
machines, tools, or other property including impoundments, retention 
dams, and tailings ponds, on the surface or underground, used in, or to 
be used in, or resulting from, the work of extracting such minerals from 
their natural deposits in nonliquid form, or if in liquid form, with 
workers underground, or used in, or to be used in, the milling of such 
minerals, or the work of preparing coal or other minerals, and includes 
custom coal preparation facilities. In making a determination of what 
constitutes mineral milling for purposes of this act, the Secretary 
shall give due consideration to the convenience of administration 
resulting from the delegation to one Assistant Secretary of all 
authority with respect

[[Page 195]]

to the health and safety of miners employed at one physical 
establishment.



                Subpart B--Notification of Legal Identity



Sec. 41.10  Scope.

    Section 109(d) of the Federal Mine Safety and Health Act of 1977 
(Pub. L. 91-173, as amended by Pub. L. 95-164), requires each operator 
of a coal or other mine to file with the Secretary of Labor the name and 
address of such mine, the name and address of the person who controls or 
operates the mine, and any revisions in such names and addresses. 
Section 103(h) of the act requires the operator of a coal or other mine 
to provide such information as the Secretary of Labor may reasonably 
require from time to time to enable the Secretary to perform his 
functions under the act. The regulations in this Subpart B provide for 
the notification to the Mine Safety and Health Administration of the 
legal identity of the operator of a coal or other mine and the reporting 
of all changes in the legal identity of the operator as they occur. The 
submission of a properly completed Legal Identity Report Form No. 2000-7 
required under Subpart C of this part will constitute adequate 
notification of legal identity to the Mine Safety and Health 
Administration.



Sec. 41.11  Notification by operator.

    (a) Not later than 30 days after (1) the effective date of this 
part, and (2) the opening of a new mine thereafter, the operator of a 
coal or other mine shall, in writing, notify the appropriate district 
manager of the Mine Safety and Health Administration in the district in 
which the mine is located of the legal identity of the operator in 
accordance with the applicable provisions of paragraph (b), (c), (d), or 
(e) of this section.
    (b) If the operator is a sole proprietorship, the operator shall 
state: (1) His full name and address; (2) the name and address of the 
mine and the Federal mine identification number; (3) the name and 
address of the person at the mine in charge of health and safety; (4) 
the name and address of the person with overall responsibility for a 
health and safety program at all of the operator's mines, if the 
operator is not directly involved in the daily operation of the mine; 
(5) the Federal mine identification numbers of all other mines in which 
the sole proprietor has a 20 percent or greater ownership interest; and 
(6) the trade name, if any, and the full name, address of record and 
telephone number of the proprietorship.
    (c) If the operator is a partnership, the operator shall state: (1) 
The name and address of the mine and the Federal mine identification 
number; (2) the name and address of the person at the mine in charge of 
health and safety; (3) the name and address of the person with overall 
responsibility for a health and safety program at all of the operator's 
mines, if the operator is not directly involved in the daily operation 
of the mine; (4) the Federal mine identification numbers of all other 
mines in which the partnership has a 20 percent or greater ownership 
interest; (5) the full name and address of all partners; (6) the trade 
name, if any, and the full name and address of record and telephone 
number of the partnership; and (7) the Federal mine identification 
numbers of all other mines in which any partner has a 20 percent or 
greater ownership interest.
    (d) If the operator is a corporation, the operator shall state: (1) 
The name and address of the mine and the Federal mine identification 
number; (2) the name and address of the person at the mine in charge of 
health and safety; (3) the name and address of the person with overall 
responsibility for a health and safety program at all of the operator's 
mines, if the operator is not directly involved in the daily operation 
of the mine; (4) the Federal mine identification numbers of all other 
mines in which the corporation has a 20 percent or greater ownership 
interest; (5) the full name, address of record and telephone number of 
the corporation and the State of incorporation; (6) the full name and 
address of each officer and director of the corporation; (7) whether 
such corporation is a domestic or foreign corporation in the State in 
which the mine is located; (8) if the corporation is a subsidiary 
corporation, the operator shall state the full name, address, and State 
of incorporation of the parent corporation; and (9) the Federal

[[Page 196]]

mine identification numbers of all other mines in which any corporate 
officer has a 20 percent or greater ownership interest.
    (e) If the operator is any organization other than a sole 
proprietorship, partnership, or corporation, the operator shall state: 
(1) The nature and type, or legal identity of the organization; (2) the 
name and address of the mine and the Federal mine identification number; 
(3) the name and address of the person at the mine in charge of health 
and safety; (4) the name and address of the person with overall 
responsibility for a health and safety program at all of the operator's 
mines, if the operator is not directly involved in the daily operation 
of the mine; (5) the Federal mine identification numbers of all other 
mines in which the organization has a 20 percent or greater ownership 
interest; (6) the full name, address of record and telephone number of 
the organization; (7) the name and address of each individual who has an 
ownership interest in the organization; (8) the name and address of the 
principal organization officials or members; and (9) the Federal mine 
identification numbers of all other mines in which any official or 
member has a 20 percent or greater ownership interest.



Sec. 41.12  Changes; notification by operator.

    Within 30 days after the occurrence of any change in the information 
required by Sec. 41.11, the operator of a coal or other mine shall, in 
writing, notify the appropriate district manager of the Mine Safety and 
Health Administration in the district in which the mine is located of 
such change.



Sec. 41.13  Failure to notify.

    Failure of the operator to notify the Mine Safety and Health 
Administration, in writing, of the legal identity of the operator or any 
changes thereof within the time required under this part will be 
considered to be a violation of section 109(d) of the Act and shall be 
subject to penalties as provided in section 110 of the Act.



       Subpart C--Operator's Report to the Mine Safety and Health 
                             Administration



Sec. 41.20  Legal identity report.

    Each operator of a coal or other mine shall file notification of 
legal identity and every change thereof with the appropriate district 
manager of the Mine Safety and Health Administration by properly 
completing, mailing, or otherwise delivering form 2000-7 ``legal 
identity report'' which shall be provided by the Mine Safety and Health 
Administration for this purpose. If additional space is required, the 
operator may use a separate sheet or sheets.



Sec. 41.30  Address of record and telephone number.

    The address of record and telephone number required under this part 
shall be considered the operator's official address and telephone number 
for purposes of the Act. Service of documents upon the operator may be 
proved by a post office return receipt showing that the documents could 
not be delivered to such operator at the address of record because the 
operator had moved without leaving a forwarding address or because 
delivery was not accepted at that address, or because no such address 
existed. However, operators may request service by delivery to another 
appropriate address provided by the operator. The telephone number 
required under this part will be used in connection with proposed civil 
penalty assessments as provided in 30 CFR part 100.



PART 43--PROCEDURES FOR PROCESSING HAZARDOUS CONDITIONS COMPLAINTS--Table of Contents




                           Subpart A--General

Sec.
43.1  Definitions.
43.2  General.
43.3  Purpose and scope of this part.

                     Subpart B--Special Inspections

43.4  Requirements for giving notice.
43.5  Action by the Secretary.
43.6  Notice of negative finding.

[[Page 197]]

                       Subpart C--Informal Review

43.7  Informal review upon written notice given to an inspector on the 
          mine premises.
43.8  Informal review upon the issuance of a notice of negative finding.

    Authority: Secs. 103(g), and 508, Federal Mine Safety and Health Act 
of 1977 Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1298 83 
Stat. 803 (30 U.S.C. 813(g) and 957); sec. 307, Federal Mine Safety and 
Health Amendments Act of 1977, Pub. L. 95-164, 91 Stat. 1322 (30 U.S.C. 
801 note).

    Source: 43 FR 29515, July 7, 1978, unless otherwise noted.



                           Subpart A--General



Sec. 43.1  Definitions.

    For purposes of this part, Act means the Federal Mine Safety and 
Health Act of 1977, Pub. L. 91-173, as amended by Pub. L. 95-164, and 
``Secretary'' means the Secretary of Labor or his designee.



Sec. 43.2  General.

    (a) Under section 103(g)(1) of the Act, a representative of miners, 
or where there is no such representative, a miner, who has reasonable 
grounds to believe that a violation of the act or a mandatory health or 
safety standard exists, or an imminent danger exists, has a right to 
obtain a special inspection if he or she gives notice of such violation 
to the Secretary or his duly authorized representative. The notice shall 
be reduced to writing and signed by the miners' representative or miner, 
and a copy that does not reveal the name of the person giving the notice 
must be served on the operator no later than at the time of the 
inspection. If the Secretary determines that a violation or danger does 
not exist, he must so notify the miners' representative or miner in 
writing.
    (b) Under section 103(g)(2) of the Act, a representative of miners 
or, if there is no such representative, a miner, may notify in writing 
an authorized representative of the Secretary who is on mine premises 
prior to or during an inspection, of any violation or imminent danger 
which he or she has reason to believe exists in the mine. There shall be 
procedures for the informal review of any refusal by the Secretary's 
authorized representative to issue a citation with respect to such 
alleged violation or danger, including notification to the miners' 
representative or miner of the reasons for his disposition of the case.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[43 FR 29515, July 7, 1978, as amended at 47 FR 14696, Apr. 6, 1982; 60 
FR 33722, June 29, 1995]



Sec. 43.3  Purpose and scope of this part.

    This part sets forth the procedures for giving notice to the 
Secretary under section 103(g)(1) of the Act, for responding to such 
notices and for reviewing refusals by authorized representatives of the 
Secretary to issue citations or orders under section 103 (g)(1) or 
(g)(2). Specifically, Subpart B details the steps to be taken by a 
representative of miners or a miner in making a request for a special 
inspection and by the Secretary in processing and taking action on such 
a request under section 103(g)(1). Subpart C sets forth informal review 
procedures which a representative of miners or a miner may request under 
sections 103 (g)(1) and (g)(2) where no citation or order is issued 
under those sections.



                     Subpart B--Special Inspections



Sec. 43.4  Requirements for giving notice.

    (a) A representative of miners or, where there is no such 
representative, a miner, who has reasonable grounds to believe that a 
violation of the act or a mandatory health or safety standard exists, or 
that an imminent danger exists, may obtain a special inspection by 
giving notice to the Secretary or any authorized representative of the 
Secretary of such violation or danger.
    (b) Any such notice shall set forth the alleged violation or 
imminent danger and the location of such violation or danger and shall 
be reduced to a writing signed by the representative of miners or miner 
giving such notice.
    (c) A copy of such written notice shall be provided to the operator 
or his agent by the Secretary or his authorized representative no later 
than the time that the inspection begins. In addition, if the notice 
indicates that an

[[Page 198]]

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 and the names of any individual miners referred to therein 
shall not appear in the copy of the written notice or in a notification 
provided to the operator.



Sec. 43.5  Action by the Secretary.

    (a) As soon as possible after the receipt of a notice of alleged 
violation or imminent danger under this subpart, the Secretary or his 
authorized representative shall make a special inspection to determine 
if a citation or withdrawal order should be issued, unless on the face 
of the notice, the condition complained of, even if it were found to 
exist, would clearly not constitute a violation or imminent danger.
    (b) Where the Secretary or his authorized representative makes a 
special inspection under this subpart and finds a violation or imminent 
danger, a citation or withdrawal order, as appropriate, shall be issued.



Sec. 43.6  Notice of negative finding.

    (a) If it is determined that a special inspection is not warranted, 
a written notice of negative finding shall be issued as soon as possible 
following such determination.
    (b) If it is determined that an inspection is warranted and upon 
such inspection it is determined that neither a citation nor a 
withdrawal order should be issued for the alleged violation or imminent 
danger, a written notice of negative finding shall be issued by the 
authorized representative of the Secretary prior to leaving the mine 
premises.
    (c) Any notice of negative finding issued under this part shall be 
issued to the representative of miners or miner seeking the special 
inspection and a copy shall be served upon the operator.



                       Subpart C--Informal Review



Sec. 43.7  Informal review upon written notice given to an inspector on the mine premises.

    (a) A representative of miners or, where there is no such 
representative, a miner, who has reason to believe that a violation of 
the Act or a mandatory health or safety standard exists, or an imminent 
danger exists, may notify an authorized representative of the Secretary 
in writing prior to or during an inspection conducted by such 
representative of any violation of the Act or mandatory health or safety 
standard or of any imminent danger which he or she has reason to believe 
exists in the mine being inspected. Where the authorized representative 
or the Secretary refuses to issue a citation or order with respect to 
such alleged violation or imminent danger, the representative of miners 
or miner may obtain review of such refusal in accordance with paragraphs 
(b) through (d) of this section.
    (b) A request for informal review shall be sent in writing to the 
appropriate district manager within 10 days of the date of the refusal 
to issue a citation or order and shall be accompanied by any supporting 
information the person requesting review wishes to submit.
    (c) After receipt of the request for informal review, the district 
manager or his agent may hold, at his or her discretion, an informal 
conference where the person requesting review can present his views.
    (d) After review of all written and oral statements submitted, the 
district manager may either affirm the refusal to issue a citation or 
order or may direct that a new inspection be conducted with respect to 
the alleged violation or imminent danger. The district manager shall 
furnish the person requesting review with a written statement of the 
reasons for his or her final disposition of the request as soon 
thereafter as possible. A copy of such statement shall be furnished the 
operator. The district manager's determination in the matter shall be 
final.



Sec. 43.8  Informal review upon issuance of a notice of negative finding.

    A person to whom a notice of negative finding has been issued 
pursuant to Sec. 43.6 of this part may request informal review of such 
finding in accordance with the provisions of Sec. 43.7(b)-(d) of this 
subpart.

[[Page 199]]



PART 44--RULES OF PRACTICE FOR PETITIONS FOR MODIFICATION OF MANDATORY SAFETY STANDARDS--Table of Contents




                           Subpart A--General

Sec.
44.1  Scope and construction.
44.2  Definitions.
44.3  Parties.
44.4  Standard of evaluation of petitions; effect of petitions granted.
44.5  Notice of a granted petition for modification.
44.6  Service.
44.7  Filing.
44.8  Ex parte communication.
44.9  Posting of petition.

       Subpart B--Initial Procedure for Petitions for Modification

44.10  Filing of petition; service.
44.11  Contents of petition.
44.12  Procedure for public notice of petition received.
44.13  Proposed decision.
44.14  Request for hearing.
44.15  Referral to Chief Administrative Law Judge.
44.16  Application for temporary relief; relief to give effect to the 
          proposed decision and order.

                           Subpart C--Hearings

44.20  Designation of administrative law judge.
44.21  Filing and form of documents.
44.22  Administrative law judges; powers and duties.
44.23  Prehearing conferences.
44.24  Discovery.
44.25  Depositions.
44.26  Subpoenas; witness fees.
44.27  Consent findings and rules or orders.
44.28  Notice of hearing.
44.29  Motions.
44.30  Hearing procedures.
44.31  Proposed findings of fact, conclusions, and orders.
44.32  Initial decision.
44.33  Departmental review.
44.34  Transmission of record.
44.35  Decision of the Assistant Secretary.

                      Subpart D--Summary Decisions

44.40  Motion for summary decision.
44.41  Summary decision.

                  Subpart E--Effect of Initial Decision

44.50  Effect of appeal on initial decision.
44.51  Finality for purposes of judicial review.
44.52  Revocation of modification.
44.53  Amended modification.

    Authority: 30 U.S.C. 957.

    Source: 43 FR 29518, July 7, 1978, unless otherwise noted.



                           Subpart A--General



Sec. 44.1  Scope and construction.

    (a) The procedures and rules of practice set forth in this part 
shall govern petitions for modification of mandatory safety standards 
filed under section 101(c) of the Act.
    (b) These rules shall be liberally construed to carry out the 
purpose of the Act by assuring adequate protection of miners and to 
secure just and prompt determination of all proceedings consistent with 
adequate consideration of the issues involved.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]



Sec. 44.2  Definitions.

    As used in this part, unless the context clearly requires otherwise, 
the term--
    (a) Act means the Federal Mine Safety and Health Act of 1977, Pub. 
L. 91-173, as amended by Pub. L. 95-164.
    (b) Secretary, operator, agent, person, miner, and coal or other 
mine, have the meanings set forth in section 3 of the act.
    (c) Assistant Secretary means the Assistant Secretary of Labor for 
Mine Safety and Health.
    (d) Administrative law judge means an administrative law judge of 
the Department of Labor appointed under section 3105 of title 5 of the 
United States Code.
    (e) Representative of miners means a person or organization 
designated by two or more miners to act as their representative for 
purposes of the act and who is in compliance with 30 CFR part 40.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]



Sec. 44.3  Parties.

    Parties to proceedings under this part shall include the Mine Safety 
and Health Administration, the operator of the mine, and any 
representative of the miners in the affected mine. Any other

[[Page 200]]

person claiming a right of participation as an interested party in a 
proceeding may become a party upon application to the Assistant 
Secretary and the granting of such application. After referral of a 
petition to the Chief Administrative Law Judge, all applications for 
status as a party shall be made to the Chief Administrative Law Judge 
for his disposition.



Sec. 44.4  Standard of evaluation of petitions; effect of petitions granted.

    (a) A petition for modification of application of a mandatory safety 
standard may be granted upon a determination that--
    (1) An alternative method of achieving the result of the standard 
exists that will at all times guarantee no less than the same measure of 
protection afforded by the standard, or
    (2) Application of the standard will result in a diminution of 
safety to the miners.
    (b) Except as may be provided in Sec. 44.16 for relief to give 
effect to a proposed decision and order, a decision of an Administrator 
or an administrative law judge granting or denying a petition for 
modification shall not be effective until time for appeal has expired 
under Sec. 44.14 or Sec. 44.33, as appropriate.
    (c) All petitions for modification granted pursuant to this part 
shall have only future effect: Provided, That the granting of the 
modification under this part shall be considered as a factor in the 
resolution of any enforcement action previously initiated for claimed 
violation of the subsequently modified mandatory safety standard. Orders 
granting petitions for modification may contain special terms and 
conditions to assure adequate protection to miners. The modification, 
together with any conditions, shall have the same effect as a mandatory 
safety standard.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]



Sec. 44.5  Notice of a granted petition for modification.

    (a) Every final action granting a petition for modification under 
this part shall be published in the Federal Register. Every such final 
action published shall specify the statutory grounds upon which the 
modification is based and a summary of the facts which warranted the 
modification.
    (b) Every final action or a summary thereof granting a petition for 
modification under this part shall be posted by the operator on the mine 
bulletin board at the affected mine and shall remain posted as long as 
the modification is effective. If a summary of the final action is 
posted on the mine bulletin board, a copy of the full decision shall be 
kept at the affected mine office and made available to the miners.



Sec. 44.6  Service.

    (a) Copies of all documents filed in any proceeding described in 
this part and copies of all notices pertinent to such proceeding shall 
be served by the filing party on all other persons made parties to the 
proceeding under Sec. 44.3. If a request for hearing has been filed by 
any party, a copy of all subsequent documents filed shall be served upon 
the Mine Safety and Health Administration through its representative, 
the Office of the Solicitor, Department of Labor.
    (b) All documents filed subsequent to a petition for modification 
may be served personally or by first class mail to the last known 
address of the party. Service may also be completed by telecopier or 
other electronic means.
    (c) Whenever a party is represented by an attorney who has signed 
any document filed on behalf of such party or otherwise entered an 
appearance on behalf of such party, service thereafter shall be made 
upon the attorney.
    (d) Any party filing a petition for modification under these rules 
shall file proof of service in the form of a return receipt where 
service is by registered or certified mail or an acknowledgment by the 
party served or a verified return where service is made personally. A 
certificate of service shall accompany all other documents filed by a 
party under these rules.
    (e) Service by mail shall be complete upon mailing. Service by 
telecopier or other electronic means shall be complete upon receipt.
    (f) Whenever a party has the right to do some act within a 
prescribed period after the service of a document or other material upon 
the party and the

[[Page 201]]

document or other material is served upon the party by mail, 5 days 
shall be added to the prescribed period: Provided, that specific 
provisions may, for good cause, be made otherwise by an order of an 
administrative law judge or the Assistant Secretary in a particular 
proceeding pending before that person.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]



Sec. 44.7  Filing.

    For purposes of this part, a petition, request for hearing, notice 
of appeal, or other document shall be considered to be filed when 
received, or when mailed by certified mail, return receipt requested. 
Such documents may be filed by telecopier or other electronic means.

[55 FR 53440, Dec. 28, 1990]



Sec. 44.8  Ex parte communication.

    There shall be no ex parte communication with respect to the merits 
of any case not concluded between the Assistant Secretary or the 
administrative law judge, including any employee or agent of the 
Assistant Secretary or of the administrative law judge, and any of the 
parties, intervenors, representatives, or other interested parties.

[55 FR 53440, Dec. 28, 1990]



Sec. 44.9  Posting of petition.

    An operator of a mine for which there is no representative of miners 
shall post a copy of each petition concerning the mine on the mine 
bulletin board and shall maintain the posting until a ruling on the 
petition becomes final.



       Subpart B--Initial Procedure for Petitions for Modification



Sec. 44.10  Filing of petition; service.

    A petition for modification of the application of a mandatory safety 
standard under section 101(c) of the Act may be filed only by the 
operator of the affected mine or any representative of the miners at 
such mine. All petitions must be in writing and must be filed with the 
Director, Office of Standards, Regulations, and Variances, Mine Safety 
and Health Administration, 4015 Wilson Boulevard, Arlington, VA 22203. 
If the petition is filed by a mine operator, a copy of the petition 
shall be served by the mine operator upon a representative of miners at 
the affected mine. If the petition is filed by a representative of the 
miners, a copy of the petition shall be served by the representative of 
miners upon the mine operator. Service shall be accomplished personally 
or by registered or certified mail, return receipt requested.

[55 FR 53440, Dec. 28, 1990]



Sec. 44.11  Contents of petition.

    (a) A petition for modification filed pursuant to Sec. 44.10 shall 
contain:
    (1) The name and address of the petitioner.
    (2) The mailing address and mine identification number of the mine 
or mines affected.
    (3) The mandatory safety standard to which the petition is directed.
    (4) A concise statement of the modification requested, and whether 
the petitioner proposes to establish an alternate method in lieu of the 
mandatory safety standard or alleges that application of the standard 
will result in diminution of safety to the miners affected or requests 
relief based on both grounds.
    (5) A detailed statement of the facts the petitioner would show to 
establish the grounds upon which it is claimed a modification is 
warranted.
    (6) Identification of any representative of the miners at the 
affected mine, if the petitioner is a mine operator.
    (b) A petition for modification shall not include a request for 
modification of the application of more than one mandatory safety 
standard. A petition for modification shall not request relief for more 
than one operator. However, an operator may file a petition for 
modification pertaining to more than one mine where it can be shown that 
identical issues of law and fact exist as to the petition for each mine.



Sec. 44.12  Procedure for public notice of petition received.

    (a) Within 15 days from the filing of a petition for modification, 
the Mine Safety and Health Administration will give notice of the 
petition to each known representative of miners or the

[[Page 202]]

operator of the affected mine, as appropriate, and shall publish notice 
of the petition in the Federal Register.
    (b) The Federal Register notice shall contain a statement that the 
petition has been filed, identify the petitioner and the mine or mines 
to which the petition relates, cite the mandatory safety standard for 
which modification is sought, and describe the requested relief.
    (c) All such notices shall advise interested parties that they may, 
within 30 days from the date of publication in the Federal Register, in 
writing, comment upon or provide information relative to the proposed 
modification.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]



Sec. 44.13  Proposed decision.

    (a) Upon receipt of a petition for modification, the Mine Safety and 
Health Administration shall cause an investigation to be made as to the 
merits of the petition. Any party may request that the investigation of 
the petition for modification be expedited, or that the time period for 
investigating the petition be extended. Such requests shall be granted 
in the discretion of the Administrator upon good cause shown.
    (b) As soon as is practicable after the investigation is completed, 
the appropriate Administrator shall make a proposed decision and order, 
which shall be served upon all parties to the proceeding. The proposed 
decision shall become final upon the 30th day after service thereof, 
unless a request for hearing has been filed with the appropriate 
Administrator, as provided in Sec. 44.14 of this part.
    (c) Service of the proposed decision is complete upon mailing.

[55 FR 53440, Dec. 28, 1990]



Sec. 44.14  Request for hearing

    A request for hearing filed in accordance with Sec. 44.13 of this 
part must be filed within 30 days after service of the proposed decision 
and shall include:
    (a) A concise summary of position on the issues of fact or law 
desired to be raised by the party requesting the hearing, including 
specific objections to the proposed decision. A party other than 
petitioner who has requested a hearing shall also comment upon all 
issues of fact or law presented in the petition, and
    (b) An indication of a desired hearing site.
    (c) Partial appeal. (1) If the Administrator has issued a proposed 
decision and order granting the requested modification, a request for 
hearing on the proposed decision and order may be made by any party 
based upon objection to one or more of the terms and conditions of the 
Administrator's proposed decision and order. If such a request for 
hearing is made, the request should specify which of the terms and 
conditions should be the subject of the hearing.
    (2) During the pendency of the partial appeal, the proposed decision 
and order of the Administrator will become final on the 30th day after 
service thereof, unless a request for hearing on the proposed decision 
and order is filed in accordance with paragraph (a) of this section by 
any other party. The decision and order will remain in effect as 
proposed by the Administrator until the terms and conditions for which 
the hearing was requested are modified, affirmed, or set aside by a 
final order of the presiding administrative law judge or the Assistant 
Secretary. The presiding administrative law judge shall take such action 
upon a determination of whether--
    (i) The terms and conditions for which the hearing was requested are 
necessary to ensure that the alternative method of achieving the result 
of the standard will at all times guarantee to the miners at the mine at 
least the same measure of protection afforded to the miners at the mine 
by such standard; or
    (ii) In the case of a petition involving a finding by the 
Administrator of a diminution of safety to the miners caused by 
application of the standard at the mine, whether the terms and 
conditions for which the hearing was requested are necessary to provide 
equivalent protection to the miners at the mine from the hazard against 
which the standard is directed.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53441, Dec. 28, 1990]

[[Page 203]]



Sec. 44.15  Referral to Chief Administrative Law Judge.

    Upon receipt of a request for hearing as provided in Sec. 44.14 of 
this part, the Administrator shall, within 5 days, refer to the Chief 
Administrative Law Judge the original petition, the proposed decision 
and order, all information upon which the proposed decision was based, 
any written request for a hearing on the petition filed, any other 
written comments or information received and considered in making the 
proposed decision. The MSHA investigation report shall be made part of 
the record on the petition.

[55 FR 53441, Dec. 28, 1990]



Sec. 44.16  Application for temporary relief; relief to give effect to the proposed decision and order.

    (a) Time for filing. An application for temporary relief from 
enforcement of a mandatory standard may be filed at any time before a 
proposed decision and order is issued on a petition for modification and 
shall be served upon all parties to the proceeding.
    (b) With whom filed. The application shall be filed with and decided 
by the appropriate Administrator.
    (c) Investigation and decision. Upon receipt of an application for 
temporary relief, the Administrator shall cause an investigation to be 
made as to the merits of the application. As soon thereafter as 
practicable, but in no event greater than 60 days from filing of the 
application, the Administrator shall issue a decision. If the 
Administrator does not issue a decision within 60 days of filing of the 
application, the application shall be deemed to be denied.
    (d) Contents of application. An application for temporary relief 
shall comply with applicable general requirements of this part, state 
the specific relief requested, and include specific evidence showing how 
the applicant meets the criteria set forth in paragraph (e) of this 
section.
    (e) Criteria. Before temporary relief is granted, the applicant must 
clearly show that--
    (1) The application was filed in good faith;
    (2) The requested relief will not adversely affect the health or 
safety of miners in the affected mine;
    (3) An identifiable hazard to miners exists in the mine which is 
caused by application of the standard at the mine;
    (4) Other means will be used to reasonably address the hazard 
against which the original standard was designed to protect; and
    (5) Compliance with the standard while the petition for modification 
is pending will expose miners to the identifiable hazard upon which the 
application is based.
    (f) Response. All parties to the proceeding in which an application 
for temporary relief has been filed shall have 15 days from receipt of 
the application to file a written response with the Administrator.
    (g) Evidence. An application for temporary relief or a response to 
such an application may be supported by affidavits or other evidentiary 
matter.
    (h) Findings. Temporary relief may be granted by the Administrator 
upon a finding that application of the standard at the mine will result 
in a diminution of safety to the miners at such mine.
    (i) Appeal to the Office of the Administrative Law Judges. If the 
application for temporary relief is granted by the Administrator, any 
other party may request a hearing within 15 days of the Administrator's 
decision. The request shall be addressed to the Administrator and shall 
be referred by the Administrator, along with the petition for 
modification, to the Chief Administrative Law Judge in accordance with 
Sec. 44.15. The hearing and decision of the presiding administrative law 
judge shall be in accordance with subparts C through E of this part. 
After referral of the petition for modification and application for 
temporary relief, no further decision shall be rendered by the 
Administrator.
    (j) Duration of relief. An order granting temporary relief shall be 
effective until superseded by the Administrator's proposed decision and 
order, unless a hearing is requested in accordance with paragraph (i) of 
this section. If such hearing is requested, the temporary relief shall 
remain in effect until modified, affirmed or set aside by the presiding 
administrative law judge.

[[Page 204]]

In no case, however, shall the Administrator's order remain in effect 
for more than one year, unless renewed or affirmed by the presiding 
administrative law judge.
    (k) Application for relief to give effect to the proposed decision 
and order. At any time following the proposed decision and order of the 
Administrator on the accompanying petition for modification, any party 
may request relief to give effect to the proposed decision and order 
until it becomes final.
    (l) An application for relief under paragraph (k) shall be filed 
with the Administrator and shall include a good faith representation 
that no party is expected to contest the granting of the petition for 
modification.
    (m) A decision to grant relief requested under paragraph (k) will 
take effect on the seventh day following the decision. If a request for 
hearing on the proposed decision and order is filed in accordance with 
Sec. 44.14 prior to the seventh day following the granting of such 
relief, the relief will not become effective. If such request for 
hearing on the proposed decision and order is filed after relief becomes 
effective, the relief will expire immediately.

[55 FR 53441, Dec. 28, 1990]



                           Subpart C--Hearings



Sec. 44.20  Designation of administrative law judge.

    Within 5 days after receipt of a referral of a request for hearing 
in a petition for modification proceeding, the Chief Administrative Law 
Judge shall designate an administrative law judge appointed under 
section 3105 of Title 5 of the United States Code to preside over the 
hearing.

[55 FR 53442, Dec. 28, 1990]



Sec. 44.21  Filing and form of documents.

    (a) Where to file. After a petition has been referred to the Office 
of the Chief Administrative Law Judge, the parties will be notified of 
the name and address of the administrative law judge assigned to the 
case. All further documents shall be filed with the administrative law 
judge at the address designated or with the Chief Administrative Law 
Judge, if the assignment has not been made. While the petition is before 
the Assistant Secretary at any stage of the proceeding, all documents 
should be filed with the Assistant Secretary of Labor for Mine Safety 
and Health, 4015 Wilson Boulevard, Arlington, Va. 22203.
    (b) Caption, title and signature. (1) The documents filed in any 
proceeding under this part shall be captioned in the name of the 
operator of the mine to which the proceeding relates and in the name of 
the mine or mines affected. After a docket number has been assigned to 
the proceeding by the Office of the Chief Administrative Law Judge, the 
caption shall contain such docket number.
    (2) After the caption each such document shall contain a title which 
shall be descriptive of the document and which shall identify the party 
by whom the document is submitted.
    (3) The original of all documents filed shall be signed at the end 
by the party submitting the document or, if the party is represented by 
an attorney, by such attorney. The address of the party or the attorney 
shall appear beneath the signature.



Sec. 44.22  Administrative law judges; powers and duties.

    (a) Powers. An administrative law judge designated to preside over a 
hearing shall have all powers necessary or appropriate to conduct a 
fair, full, and impartial hearing, including the following:
    (1) To administer oaths and affirmations;
    (2) To issue subpoenas on his own motion or upon written application 
of a party;
    (3) To rule upon offers of proof and receive relevant evidence;
    (4) To take depositions or have depositions taken when the ends of 
justice would be served;
    (5) To provide for discovery and determine its scope;
    (6) To regulate the course of the hearing and the conduct of parties 
and their counsel;
    (7) To consider and rule upon procedural requests;
    (8) To hold conferences for settlement or simplification of issues 
by consent of the parties;

[[Page 205]]

    (9) To make decisions in accordance with the Act, this part, and 
section 557 of title 5 of the United States Code; and
    (10) To take any other appropriate action authorized by this part, 
section 556 of title 5 of the United States Code, or the Act.
    (b) Disqualification. (1) When an administrative law judge deems 
himself disqualified to preside over a particular hearing, he shall 
withdraw therefrom by notice on the record directed to the Chief 
Administrative Law Judge.
    (2) Any party who deems an administrative law judge for any reason 
to be disqualified to preside or continue to preside over a particular 
hearing, may file with the Chief Administrative Law Judge of the 
Department of Labor a motion to be supported by affidavits setting forth 
the alleged grounds for disqualification. The Chief Administrative Law 
Judge shall rule upon the motion.
    (c) Contumacious conduct; failure or refusal to appear or obey 
rulings of a presiding administrative law judge. (1) Contumacious 
conduct at any hearing before the administrative law judge shall be 
grounds for exclusion from the hearing.
    (2) If a witness or party refuses to answer a question after being 
directed to do so or refuses to obey an order to provide or permit 
discovery, the administrative law judge may make such orders with regard 
to the refusal as are just and appropriate, including an order denying 
the application of a petitioner or regulating the contents of the record 
of the hearing.
    (d) Referral to Federal Rules of Civil Procedure and Evidence. On 
any procedural question not regulated by this part, the act, or the 
Administrative Procedure Act, an administrative law judge shall be 
guided to the extent practicable by any pertinent provisions of the 
Federal Rules of Civil Procedure or Federal Rules of Evidence, as 
appropriate.
    (e) Remand. The presiding administrative law judge shall be 
authorized to remand the petition for modification proceeding to the 
appropriate Administrator based upon new evidence which was not 
available to the Administrator and which may have materially affected 
the Administrator's proposed decision and order. Remand may be upon the 
judge's own motion or the motion of any party, and shall be granted in 
the discretion of the presiding administrative law judge.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53442, Dec. 28, 1990]



Sec. 44.23  Prehearing conferences.

    (a) Convening a conference. Upon his own motion or the motion of a 
party, the administrative law judge may direct the parties or their 
counsel to meet with him for a conference to consider:
    (1) Simplification of issues;
    (2) Necessity or desirability of amendments to documents for 
clarification, simplification, or limitation;
    (3) Stipulations and admissions of facts;
    (4) Limitation of the number of parties and expert witnesses; and
    (5) Such other matters as may tend to expedite the disposition of 
the proceeding and assure a just conclusion thereof.
    (b) Record of conference. The administrative law judge may, where 
appropriate, issue an order which recites the action taken at the 
conference, amendments allowed to any filed documents, and agreements 
made between the parties as to any of the matters considered. The order 
shall limit the issues for hearing to those not disposed of by 
admissions or agreements. Such an order controls the subsequent course 
of the hearing, unless modified at the hearing to prevent manifest 
injustice.



Sec. 44.24  Discovery.

    Parties shall be governed in their conduct of discovery by 
appropriate provisions of the Federal Rules of Civil Procedure, except 
as provided in Sec. 44.25 of this part. After consultation with the 
parties, the administrative law judge shall prescribe a time of not more 
than 45 days to complete discovery. Alternative periods of time for 
discovery may be prescribed by the presiding administrative law judge 
upon the request of any party. As soon as is practicable after 
completion of discovery, the administrative law judge

[[Page 206]]

shall schedule a hearing in accordance with Sec. 44.28 of this part.

[55 FR 53442, Dec. 28, 1990]



Sec. 44.25  Depositions.

    (a) Purpose. For reasons of unavailability or for purpose of 
discovery, the testimony of any witness may be taken by deposition.
    (b) Form. Depositions may be taken before any person having the 
power to administer oaths. Each witness testifying upon deposition shall 
be sworn, and the parties not calling him shall have the right to cross-
examine him. Questions propounded and answers thereto, together with all 
objections made, shall be reduced to writing, read to or by the witness, 
subscribed by him, and certified by the officer before whom the 
deposition is taken. The officer shall send copies by registered mail to 
the Chief Administrative Law Judge or the presiding administrative law 
judge.



Sec. 44.26  Subpoenas; witness fees.

    (a) Except as provided in paragraph (b) of this section, the Chief 
Administrative Law Judge or the presiding administrative law judge, as 
appropriate, shall issue subpoenas upon written application of a party 
requiring attendance of witnesses and production of relevant papers, 
books, documents, or tangible things in their possession and under their 
control. A subpoena may be served by any person who is not a party and 
is not less than 18 years of age, and the original subpoena bearing a 
certificate of service shall be filed with the administrative law judge. 
A witness may be required to attend a deposition or hearing at a place 
not more than 100 miles from the place of service.
    (b) If a party's written application for subpoena is submitted 3 
working days or less before the hearing to which it relates, a subpoena 
shall issue at the discretion of the Chief Administrative Law Judge or 
presiding administrative law judge, as appropriate.
    (c) Any person served with a subpoena may move in writing to revoke 
or modify the subpoena. All motions to revoke or modify shall be served 
on the party at whose request the subpoena was issued. The 
administrative law judge shall revoke or modify the subpoena if in his 
opinion the evidence required to be produced does not relate to any 
matter under investigation or in question in the proceedings; the 
subpoena does not describe with sufficient particularity the evidence 
required to be produced; or if for any other reason, sufficent in law, 
the subpoena is found to be invalid or unreasonable. The administrative 
law judge shall make a simple statement of procedural or other grounds 
for the ruling on the motion to revoke or modify. The motion to revoke 
or modify, any answer filed thereto, and any ruling thereon shall become 
a part of the record.
    (d) Witnesses subpoened by any party shall be paid the same fees for 
attendance and mileage as are paid in the District Courts of the United 
States. The fees shall be paid by the party at whose instance the 
witness appears.



Sec. 44.27  Consent findings and rules or orders.

    (a) General. At any time after a request for hearing is filed in 
accordance with Sec. 44.14, a reasonable opportunity may be afforded to 
permit negotiation by the parties of an agreement containing consent 
findings and a rule or order disposing of the whole or any part of the 
proceedings. Allowance of such opportunity and the duration thereof 
shall be in the discretion of the Chief Administrative Law Judge, if no 
administrative law judge has been assigned, or of the presiding 
administrative law judge. In deciding whether to afford such an 
opportunity, the administrative law judge shall consider the nature of 
the proceeding, requirements of the public interest, representations of 
the parties, and probability of an agreement which will result in a just 
disposition of the issues involved.
    (b) Contents. Any agreement containing consent findings and rule or 
order disposing of a proceeding shall also provide:
    (1) That the rule or order shall have the same effect as if made 
after a full hearing;
    (2) That the record on which any rule or order may be based shall 
consist of the petition and agreement, and all other pertinent 
information, including: any request for hearing on the petition; the 
investigation report; discovery;

[[Page 207]]

motions and requests, filed in written form and rulings thereon; any 
documents or papers filed in connection with prehearing conferences; 
and, if a hearing has been held, the transcript of testimony and any 
proposed findings, conclusions, rules or orders, and supporting reasons 
as may have been filed.
    (3) A waiver of further procedural steps before the administrative 
law judge and Assistant Secretary; and
    (4) A waiver of any right to challenge or contest the validity of 
the findings and rule or order made in accordance with the agreement.
    (c) Submission. On or before expiration of the time granted for 
negotiations, the parties or their counsel may:
    (1) Submit the proposed agreement to the Chief Administrative Law 
Judge or presiding administrative law judge, as appropriate, for his 
consideration; or
    (2) Inform the Chief Administrative Law Judge or presiding 
administrative law judge, as appropriate, that agreement cannot be 
reached.
    (d) Disposition. In the event an agreement containing consent 
findings and rule or order is submitted within the time allowed, the 
Chief Administrative Law Judge or presiding administrative law judge, as 
appropriate, may accept the agreement by issuing his decision based upon 
the agreed findings.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53442, Dec. 28, 1990]



Sec. 44.28  Notice of hearing.

    (a) The administrative law judge shall fix a place and date for the 
hearing and notify all parties at least 30 days in advance of the date 
set, unless at least one party requests and all parties consent to an 
earlier date, or the hearing date has been otherwise advanced in 
accordance with this part. The notice shall include:
    (1) The time, place, and nature of the hearing; and
    (2) The legal authority under which the hearing is to be held.
    (b) In accordance with the provisions of section 554 of title 5 of 
the United States Code, a party may move for transfer of a hearing on 
the basis of convenience to parties and witnesses. Such motion should be 
filed with the administrative law judge assigned to the case.



Sec. 44.29  Motions.

    Each motion filed shall be in writing and shall contain a short and 
plain statement of the grounds upon which it is based. A statement in 
opposition to the motion may be filed by any party within 10 days after 
the date of service. The administrative law judge may permit oral 
motions during proceedings.



Sec. 44.30  Hearing procedures.

    (a) Order of proceeding. Except as may be ordered otherwise by the 
administrative law judge, the petitioner shall proceed first at a 
hearing.
    (b) Burden of proof. The petitioner shall have the burden of proving 
his case by a preponderance of the evidence.
    (c) Evidence--(1) Admissibility. A party shall be entitled to 
present its case or defense by oral or documentary evidence, to submit 
rebuttal evidence, and to conduct such cross-examination as may be 
required for full and true disclosure of the facts. Any oral or 
documentary evidence may be received, but the administrative law judge 
shall exclude evidence which is irrelevant, immaterial, or unduly 
repetitious.
    (2) Testimony of witnesses. The testimony of a witness shall be upon 
oath or affirmation administered by the administrative law judge.
    (3) Objections. If a party objects to admission or rejection of any 
evidence, limitation of the scope of any examination or cross-
examination, or failure to limit such scope, he shall state briefly the 
grounds for such objection. Rulings on such objections shall appear in 
the record.
    (4) Exceptions. Formal exception to an adverse ruling is not 
required.
    (d) Official notice. Official notice may be taken of any material 
fact not appearing in evidence in the record, which is among the 
traditional matters of judicial notice or concerning which the 
Department of Labor by reason of its functions is presumed to be expert: 
Provided, That the parties shall be given adequate notice at the hearing 
or by reference in the presiding administrative law judge's decision of 
the matters so noticed and shall be given adequate opportunity to show 
the contrary.

[[Page 208]]

    (e) Transcript. Copies of the transcript of the hearing may be 
obtained by the parties upon written application filed with the reporter 
and payment of fees at the rate provided in the agreement with the 
reporter.



Sec. 44.31  Proposed findings of fact, conclusions, and orders.

    After consultation with the parties, the administrative law judge 
may prescribe a time period of 30 days within which each party may file 
proposed findings of fact, conclusions of law, and rule or order, 
together with a supporting brief expressing the reasons for such 
proposals. Such time may be expedited or extended upon request and at 
the discretion of the Administrative Law Judge. Proposals and briefs 
shall be served on all other parties and shall refer to all portions of 
the record and to all authorities relied upon in support of each 
proposal.

[55 FR 53442, Dec. 28, 1990]



Sec. 44.32  Initial decision.

    (a) Within 60 days after the time allowed for the filing of proposed 
findings of fact and conclusions of law, the administrative law judge 
shall make and serve upon each party a decision, which shall become 
final upon the 30th day after service thereof, unless an appeal is filed 
as provided in Sec. 44.33 of this part. After consultation with the 
parties, the administrative law judge may expedite or extend the time 
for issuing the decision. The decision of the administrative law judge 
shall include:
    (1) A statement of findings of fact and conclusions of law, with 
reasons therefor, upon each material issue of fact, law, or discretion 
presented on the record; and
    (2) The appropriate rule, order, relief, or denial thereof.
    (b) The decision of the administrative law judge shall be based upon 
a consideration of the whole record and shall state all facts officially 
noticed and relied upon. It shall be made on the basis of a 
preponderance of reliable and probative evidence.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53442, Dec. 28, 1990]



Sec. 44.33  Departmental review.

    (a) Notice of appeal. Any party may appeal from the initial decision 
of the administrative law judge by filing with the Assistant Secretary a 
notice of appeal within 30 days after service of the initial decision. 
The Assistant Secretary may consolidate related appeals. Copies of a 
notice of appeal shall be served on all parties to the proceeding in 
accordance with Sec. 44.6 of this part.
    (b) Statement of objections. Within 20 days after filing the notice 
of appeal, the appellant shall file his statement of objections to the 
decision of the administrative law judge and serve copies on all other 
parties to the proceeding. The statement shall refer to the specific 
findings of fact, conclusions of law, or terms of the order objected to 
in the initial decision. Where any objection is based upon evidence of 
record, the objection need not be considered by the Assistan( Secretary 
if specific record citations to the pertinent evidence are not contained 
in the statement of objections.
    (c) Responding statements. Within 20 days after service of the 
statement of objections, any other party to the proceeding may file a 
statement in response.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53442, Dec. 28, 1990]



Sec. 44.34  Transmission of record.

    If an appeal is filed, the administrative law judge shall, as soon 
thereafter as is practicable, transmit the record of the proceeding to 
the Assistant Secretary for review. The record shall include: the 
petition; the MSHA investigation report; any request for hearing on the 
petition; the transcript of testimony taken at the hearing, together 
with exhibits admitted in evidence; any documents or papers filed in 
connection with prehearing conferences; such proposed findings of fact, 
conclusions of law, rules or orders, and supporting reasons, as may have 
been filed; and the administrative law judge's decision.

[55 FR 53442, Dec. 28, 1990]

[[Page 209]]



Sec. 44.35  Decision of the Assistant Secretary.

    Appeals from a decision rendered pursuant to Sec. 44.32 of this part 
shall be decided by the Assistant Secretary within 120 days after the 
time for filing responding statements under Sec. 44.33 of this part. The 
Assistant Secretary's decision shall be based upon consideration of the 
entire record of the proceedings transmitted, together with the 
statements submitted by the parties. The decision may affirm, modify, or 
set aside, in whole or part, the findings, conclusions, and rule or 
order contained in the decision of the presiding administrative law 
judge and shall include a statement of reasons for the action taken. The 
Assistant Secretary may also remand the petition to the administrative 
law judge for additional legal or factual determinations. Any party may 
request that the time for the Assistant Secretary's decision be 
expedited. Such requests shall be granted in the discretion of the 
Assistant Secretary.

[55 FR 53442, Dec. 28, 1990]



                      Subpart D--Summary Decisions



Sec. 44.40  Motion for summary decision.

    (a) Any party may, at least 20 days before the date fixed for any 
hearing under Subpart C of this part, move with or without supporting 
affidavits for a summary decision on all or any part of the proceeding. 
Any other party may, within 10 days after service of the motion, serve 
opposing affidavits or countermove for summary decision. The 
administrative law judge may set the matter for argument and call for 
submission of briefs.
    (b) Filing of any documents under paragraph (a) of this section 
shall be with the administrative law judge, and copies of such documents 
shall be served in accordance with Sec. 44.6 of this part.
    (c) Any affidavits submitted with the motion shall set forth such 
facts as would be admissible in evidence in a proceeding subject to 5 
U.S.C. 556 and 557 and shall show affirmatively that the affiant is 
competent to testify to the matters stated therein. When a motion for 
summary decision is made and supported as provided in this section, a 
party opposing the motion may not rest upon the mere allegations or 
denials of such pleading. Such response must set forth specific facts 
showing that there is a genuine issue of fact for the hearing.
    (d) The administrative law judge may grant the motion if the 
pleadings, affidavits, material obtained by discovery or otherwise, or 
matters officially noticed show that there is no genuine issue as to any 
material fact and a party is entitled to summary decision. The 
administrative law judge may deny the motion whenever the moving party 
denies access to information by means of discovery to a party opposing 
the motion.
    (e) The denial of all or part of a motion for summary decision by 
the administrative law judge shall not be subject to interlocutory 
appeal to the Assistant Secretary unless the administrative law judge 
certifies in writing that (1) the ruling involves an important question 
of law or policy as to which there are substantial grounds for 
difference of opinion, and (2) an immediate appeal from the ruling may 
materially advance termination of the proceeding. The allowance of an 
interlocutory appeal shall not stay the proceedings before the 
administrative law judge unless ordered by the Assistant Secretary.



Sec. 44.41  Summary decision.

    (a) No genuine issue of material fact. (1) Where no genuine issue of 
a material fact is found to have been raised, the administrative law 
judge may issue an initial decision to become final 30 days after 
service thereof, unless, within such time, any party has filed an appeal 
with the Assistant Secretary. Thereafter, the Assistant Secretary, after 
consideration of the entire record, may issue a final decision.
    (2) An initial decision and a final decision made under this 
paragraph shall include a statement of--
    (i) Findings and conclusions, and the reasons therefor, on all 
issues presented; and
    (ii) Any terms and conditions of the rule or order.

[[Page 210]]

    (3) A copy of an initial decision and final decision under this 
paragraph shall be served on each party.
    (b) Hearings on issues of fact. Where a genuine question of material 
fact is raised, the administrative law judge shall, and in any other 
case may, set the case for an evidentiary hearing in accordance with 
Subpart C of this part.



                  Subpart E--Effect of Initial Decision



Sec. 44.50  Effect of appeal on initial decision.

    Except as provided in Sec. 44.14(c), a proposed decision and order 
of an Administrator is not operative pending appeal to an administrative 
law judge, and a decision of an administrative law judge is not 
operative pending appeal to the Assistant Secretary.

[55 FR 53443, Dec. 28, 1990]



Sec. 44.51  Finality for purposes of judicial review.

    Only a decision by the Assistant Secretary shall be deemed final 
agency action for purposes of judicial review. A decision by an 
Administrator or administrative law judge which becomes final for lack 
of appeal is not deemed final agency action for purposes of 5 U.S.C. 
704.



Sec. 44.52  Revocation of modification.

    (a) Petition for revocation. Any party to a proceeding under this 
part in which a petition for modification of a mandatory safety standard 
was granted by an Administrator, administratior law judge, or the 
Assistant Secretary may petition that the modification be revoked. Such 
petition shall be filed with the Chief Administrative Law Judge for 
disposition.
    (b) Revocation by the Administrator. The appropriate Administrator 
may propose to revoke a modification previously granted by the 
Administrator, an administrative law judge, or the Assistant Secretary, 
by issuing a proposed decision and order revoking the modification. Such 
proposed revocation and a statement of reasons supporting the proposal 
must be served upon all parties to the proceeding, and shall become 
final on the 30th day after service thereof unless a hearing is 
requested in accordance with Sec. 44.14.
    (c) Revocation of a granted modification must be based upon a change 
in circumstances or because findings which originally supported the 
modification are no longer valid.
    (d) Disposition of the revocation shall be subject to all procedures 
of subparts C through E of this part.

[55 FR 53443, Dec. 28, 1990]



Sec. 44.53  Amended modification.

    (a) The Administrator may propose to revise the terms and conditions 
of a granted modification by issuing an amended proposed decision and 
order, along with a statement of reasons for the amended proposed 
decision and order, when one or both of the following occurs:
    (1) A change in circumstances which originally supported the terms 
and conditions of the modification.
    (2) The Administrator determines that findings which originally 
supported the terms and conditions of the modification are no longer 
valid.
    (b) The Administrator's amended proposed decision and order shall be 
served upon all parties to the proceeding and shall become final upon 
the 30th day after service thereof, unless a request for hearing on the 
proposed amendments is filed under Sec. 44.14. If a request for hearing 
is filed, the amended proposed decision and order shall be subject to 
all procedures of subparts C through E of this part as if it were a 
proposed decision and order of the Administrator issued in accordance 
with Sec. 44.13. The original modification shall remain in effect until 
superseded by a final amended modification.
    (c) In cases where the original decision and order was based upon an 
alternative method of achieving the result of the standard, the amended 
decision and order shall at all times provide to miners at the mine at 
least the same measure of protection afforded to the miners at the mine 
by such standard. In cases where the original decision and order was 
based upon a diminution of safety to the miners resulting from 
application of the standard at such time, the amended decision and order

[[Page 211]]

shall not reduce the protection afforded miners by the original decision 
and order.

[55 FR 53443, Dec. 28, 1990]



PART 45--INDEPENDENT CONTRACTORS--Table of Contents




Sec.
45.1  Scope and purpose.
45.2  Definitions.
45.3  Identification of independent contractors.
45.4  Independent contractor register.
45.5  Service of documents; independent contractors.
45.6  Address of record and telephone number; independent contractors.

    Authority: 30 U.S.C. 802(d), 957.

    Source: 45 FR 44496, July 1, 1980, unless otherwise noted.



Sec. 45.1  Scope and purpose.

    This part sets forth information requirements and procedures for 
independent contractors to obtain an MSHA identification number and 
procedures for service of documents upon independent contractors. 
Production-operators are required to maintain certain information for 
each independent contractor at the mine. The purpose of this rule is to 
facilitate implementation of MSHA's enforcement policy of holding 
independent contractors responsible for violations committed by them and 
their employees.



Sec. 45.2  Definitions.

    As used in this part:
    (a) Act means the Federal Mine Safety and Health Act of 1977, Pub. 
L. 91-173, as amended by Pub. L. 95-164;
    (b) District Manager means the District Manager of the Mine Safety 
and Health Administration District in which the independent contractor 
is located;
    (c) Independent contractor means any person, partnership, 
corporation, subsidiary of a corporation, firm, association or other 
organization that contracts to perform services or construction at a 
mine; and,
    (d) Production-operator means any owner, lessee, or other person who 
operates, controls or supervises a coal or other mine.



Sec. 45.3  Identification of independent contractors.

    (a) Any independent contractor may obtain a permanent MSHA 
identification number. To obtain an identification number, an 
independent contractor shall submit to the District Manager in writing 
the following information:
    (1) The trade name and business address of the independent 
contractor;
    (2) An address of record for service of documents;
    (3) A telephone number at which the independent contractor can be 
contacted during regular business hours; and
    (4) The estimated annual hours worked on mine property by the 
independent contractor in the previous calendar year, or in the instance 
of a business operating less than one full calendar year, prorated to an 
annual basis.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[45 FR 44496, July 1, 1980, as amended at 47 FR 14696, Apr. 6, 1982; 60 
FR 33722, June 29, 1995]



Sec. 45.4  Independent contractor register.

    (a) Each independent contractor shall provide the production-
operator in writing the following information:
    (1) The independent contractor's trade name, business address and 
business telephone number;
    (2) A description of the nature of the work to be performed by the 
independent contractor and where at the mine the work is to be 
performed;
    (3) The independent contractor's MSHA identification number, if any; 
and
    (4) The independent contractor's address of record for service of 
citations, or other documents involving the independent contractor.
    (b) Each production-operator shall maintain in writing at the mine 
the information required by paragraph (a) of this section for each 
independent contractor at the mine. The production-operator shall make 
this information available to any authorized representative of the 
Secretary upon request.

[[Page 212]]



Sec. 45.5  Service of documents; independent contractors.

    Service of citations, orders and other documents upon independent 
contractors shall be completed upon delivery to the independent 
contractor or mailing to the independent contractor's address of record.



Sec. 45.6  Address of record and telephone number; independent contractors.

    (a) The address and telephone number required under this part shall 
be the independent contractor's official address and telephone number 
for purposes of the Act. Service of documents upon independent 
contractors may be proved by a Post Office return receipt showing that 
the documents were delivered to the address of record or that the 
documents could not be delivered to the address of record because the 
independent contractor is no longer at that address and has established 
no forwarding address; because delivery was not accepted at that 
address; or because no such address exists. Independent contractors may 
request service by delivery to another appropriate address of record 
provided by the independent contractor. The telephone number required 
under this part will be used in connection with the proposed penalty 
assessment procedures in 30 CFR part 100.

[[Page 213]]



                  SUBCHAPTER H--EDUCATION AND TRAINING





PART 47--NATIONAL MINE HEALTH AND SAFETY ACADEMY--Table of Contents




                          Subpart A [Reserved]

                         Subpart B--Tuition Fees

Sec.
47.10  Tuition fees.
47.20  Schedule of fees.
47.30  Procedure for payment.
47.40  Refunds.

                        Subpart C--Room and Board

47.50  Charges for room and board.

    Authority: 30 U.S.C. 957.

    Source: 50 FR 11643, Mar. 22, 1985, unless otherwise noted.



                          Subpart A [Reserved]



                         Subpart B--Tuition Fees



Sec. 47.10  Tuition fees.

    The National Mine Health and Safety Academy, located in Beckley, 
West Virginia, will charge tuition fees to all persons attending Academy 
courses, except employees of Federal, State, or local governments, 
persons attending the Academy under a program supported through an MSHA 
State grant, and persons performing a direct service. Also, subject to 
available resources, MSHA may waive all or part of fees for students, or 
persons employed by a non-profit organization, who are invited by MSHA 
to attend an Academy course which would, in the Agency's judgment, 
contribute to improved conduct, supervision, or management of a function 
or activity under the Federal Mine Safety and Health Act of 1977 or a 
function related to an MSHA appropriation. requests for waivers must be 
in writing.

[62 FR 60985, Nov. 13, 1997]



Sec. 47.20  Schedule of fees.

    (a) Tuition fees will be computed on the basis of the cost to the 
Government for the Academy to conduct the course, as determined by the 
Superintendent of the Academy.
    (b) The tuition fee for each course will be stated in the course 
announcement and will be reassessed on an annual basis.



Sec. 47.30  Procedure for payment.

    When notified of acceptance for a course by the Academy, applicants 
shall submit a check or money order to the Academy, payable to the 
``Mine Safety and Health Administration'' in the amount indicated by the 
course announcement prior to the commencement of the course.



Sec. 47.40  Refunds.

    An applicant may withdraw an application and receive a full refund 
of tuition fees provided that written notification to the Academy's 
Student Services Branch is mailed no later than 14 days before the 
course begins.



                        Subpart C--Room and Board



Sec. 47.50  Charges for room and board.

    The Academy will charge room and board to all persons staying at the 
Academy, except MSHA personnel, persons attending the Academy under a 
program supported through an MSHA State grant, and persons performing a 
direct service. Also, subject to available resources, MSHA may waive all 
or part of fees for students, or persons employed by a non-profit 
organization, who are invited by MSHA to attend an MSHA-sponsored 
training or meeting which would, in the Agency's judgment, contribute to 
improved conduct, supervision, or management of a function or activity 
under the Federal Mine Safety and Health Act of 1977 or a function 
related to an MSHA appropriation. Requests for waivers must be in 
writing. Charges for room and board will be based upon the average cost 
per person of the lodging, meals, and services provided and will be 
reassessed on an annual basis.

[62 FR 60985, Nov. 13, 1997]

[[Page 214]]



PART 48--TRAINING AND RETRAINING OF MINERS--Table of Contents




        Subpart A--Training and Retraining of Underground Miners

Sec.
48.1  Scope.
48.2  Definitions.
48.3  Training plans; time of submission; where filed; information 
          required; time for approval; method for disapproval; 
          commencement of training; approval of instructors.
48.4  Cooperative training program.
48.5  Training of new miners; minimum courses of instruction; hours of 
          instruction.
48.6  Experienced miner training.
48.7  Training of miners assigned to a task in which they have had no 
          previous experience; minimum courses of instruction.
48.8  Annual refresher training of miners; minimum courses of 
          instruction; hours of instruction.
48.9  Records of training.
48.10  Compensation for training.
48.11  Hazard training.
48.12  Appeals procedures.

 Subpart B--Training and Retraining of Miners Working at Surface Mines 
                 and Surface Areas of Underground Mines

48.21  Scope.
48.22  Definitions.
48.23  Training plans; time of submission; where filed; information 
          required; time for approval; method for disapproval; 
          commencement of training; approval of instructors.
48.24  Cooperative training program.
48.25  Training of new miners; minimum courses of instruction; hours of 
          instruction.
48.26  Experienced miner training.
48.27  Training of miners assigned to a task in which they have had no 
          previous experience; minimum courses of instruction.
48.28  Annual refresher training of miners; minimum courses of 
          instruction; hours of instruction.
48.29  Records of training.
48.30  Compensation for training.
48.31  Hazard training.
48.32  Appeals procedures.

    Authority: 30 U.S.C. 811, 825.

    Source: 43 FR 47459, Oct. 13, 1978, unless otherwise noted.



        Subpart A--Training and Retraining of Underground Miners



Sec. 48.1  Scope.

    The provisions of this subpart A set forth the mandatory 
requirements for submitting and obtaining approval of programs for 
training and retraining miners working in underground mines. 
Requirements regarding compensation for training and retraining are also 
included. The requirements for training and retraining miners working at 
surface mines and surface areas of underground mines are set forth in 
subpart B of this part.



Sec. 48.2  Definitions.

    For the purposes of this subpart A--
    (a)(1) Miner means, for purposes of Secs. 48.3 through 48.10 of this 
subpart A, any person working in an underground mine and who is engaged 
in the extraction and production process, or who is regularly exposed to 
mine hazards, or who is a maintenance or service worker employed by the 
operator or a maintenance or service worker contracted by the operator 
to work at the mine for frequent or extended periods. This definition 
shall include the operator if the operator works underground on a 
continuing, even if irregular, basis. Short term, specialized contact 
workers, such as drillers and blasters, who are engaged in the 
extraction and production process and who have received training under 
Sec. 48.6 (Experienced miner training) of this subpart A may, in lieu of 
subsequent training under that section for each new employment, receive 
training under Sec. 48.11 (Hazard training) of this subpart A. This 
definition does not include:
    (i) Workers under subpart C of this part 48, including shaft and 
slope workers, workers engaged in construction activities ancillary to 
shaft and slope sinking, and workers engaged in the construction of 
major additions to an existing mine which requires the mine to cease 
operations;
    (ii) Any person covered under paragraph (a)(2) of this section.
    (2) Miner means, for purposes of Sec. 48.11 (Hazard training) of 
this subpart A, any person working in an underground

[[Page 215]]

mine, including any delivery, office, or scientific worker or 
occasional, short-term maintenance or service worker contracted by the 
operator, and any student engaged in academic projects involving his or 
her extended presence at the mine. This definition excludes persons 
covered under paragraph (a)(1) of this section and subpart C of this 
part.
    (b) Experienced miner means:
    (1) A miner who has completed MSHA-approved new miner training for 
underground miners or training acceptable to MSHA from a State agency 
and who has had at least 12 months of underground mining experience; or
    (2) A supervisor who is certified under an MSHA-approved State 
certification program and who is employed as an underground supervisor 
on October 6, 1998; or
    (3) An experienced underground miner on February 3, 1999.
    (c) New miner means a miner who is not an experienced miner.
    (d) Normal working hours means a period of time during which a miner 
is otherwise scheduled to work. This definition does not preclude 
scheduling training classes on the sixth or seventh working day if such 
a work schedule has been established for a sufficient period of time to 
be accepted as the operator's common practice. Miners shall be paid at a 
rate of pay which shall correspond to the rate of pay they would have 
received had they been performing their normal work tasks.
    (e) Operator means any owner, lessee, or other person who operates, 
controls or supervises an underground mine; or any independent 
contractor identified as an operator performing services or construction 
at such mine.
    (f) Task means a work assignment that includes duties of a job that 
occur on a regular basis and which requires physical abilities and job 
knowledge.
    (g) Act means the Federal Mine Safety and Health Act of 1977.

[43 FR 47459, Oct. 13, 1978, as amended at 63 FR 53759, Oct. 6, 1998]



Sec. 48.3  Training plans; time of submission; where filed; information required; time for approval; method for disapproval; commencement of training; approval 
          of instructors.

    (a) Each operator of an underground mine shall have an MSHA approved 
plan containing programs for training new miners, training experienced 
miners, training miners for new tasks, annual refresher training, and 
hazard training for miners as follows:
    (1) In the case of an underground mine which is operating on the 
effective date of this subpart A, the operator of the mine shall submit 
such plan for approval within 90 days after the effective date of this 
subpart A.
    (2) Within 60 days after the operator submits the plan for approval, 
unless extended by MSHA, the operator shall have an approved plan for 
the mine.
    (3) In the case of a new underground mine which is to be opened or a 
mine which is to be reopened or reactivated after the effective date of 
this subpart A, the operator shall have an approved plan prior to 
opening the new mine, or reopening or reactivating the mine.
    (b) The training plan shall be filed with the District Manager for 
the area in which the mine is located.
    (c) Each operator shall submit to the District Manager the following 
information:
    (1) The company name, mine name, and MSHA identification number of 
the mine.
    (2) The name and position of the person designated by the operator 
who is responsible for health and safety training at the mine. This 
person may be the operator.
    (3) A list of MSHA approved instructors with whom the operator 
proposes to make arrangements to teach the courses, and the courses each 
instructor is qualified to teach.
    (4) The location where training will be given for each course.
    (5) A description of the teaching methods and the course materials 
which are to be used in training.

[[Page 216]]

    (6) The approximate number of miners employed at the mine and the 
maximum number who will attend each session of training.
    (7) The predicted time or periods of time when regularly scheduled 
refresher training will be given. This schedule shall include the titles 
of courses to be taught, the total number of instruction hours for each 
course, and the predicted time and length of each session of training.
    (8) For the purposes of Sec. 48.7 (New task training of miners) of 
this subpart A, the operator shall submit:
    (i) A complete list of task assignments to correspond with the 
definition of ``task'' in Sec. 48.2 (f) of this subpart A.
    (ii) The titles of personnel conducting the training for this 
section.
    (iii) The outline of training procedures used in training miners in 
those work assignments listed according to paragraph (c)(8)(i) of this 
section.
    (iv) The evaluation procedures used to determine the effectiveness 
of training under Sec. 48.7 of this subpart A.
    (d) The operator shall furnish to the representative of the miners a 
copy of the training plan two weeks prior to its submission to the 
District Manager. Where a miners' representative is not designated, a 
copy of the plan shall be posted on the mine bulletin board 2 weeks 
prior to its submission to the District Manager. Written comments 
received by the operator from miners or their representatives shall be 
submitted to the District Manager. Miners or their representatives may 
submit written comments directly to the District Manager.
    (e) All training required by the training plan submitted to and 
approved by the District Manager as required by this subpart A shall be 
subject to evaluation by the District Manager to determine the 
effectiveness of the training programs. If it is deemed necessary, the 
District Manager may require changes in, or additions to, programs. Upon 
request from the District Manager the operator shall make available for 
evaluation the instructional materials, handouts, visual aids and other 
teaching accessories used or to be used in the training programs. Upon 
request from the District Manager the operator shall provide information 
concerning the schedules of upcoming training.
    (f) The operator shall make a copy of the MSHA approved training 
plan available at the mine site for MSHA inspection and for examination 
by the miners and their representatives.
    (g) Except as provided in Sec. 48.7 (New task training of miners) 
and Sec. 48.11 (Hazard training) of this subpart A, all courses shall be 
conducted by MSHA approved instructors.
    (h) Instructors shall be approved by the District Manager in one or 
more of the following ways:
    (1) Instructors shall take an instructor's training course conducted 
by the District Manager or given by persons designated by the District 
Manager to give such instruction; and instructors shall have 
satisfactorily completed a program of instruction approved by the Office 
of Educational Policy and Development, MSHA, in the subject matter to be 
taught.
    (2) Instructors may be designated by MSHA as approved instructors to 
teach specific courses based on written evidence of the instructors' 
qualifications and teaching experience.
    (3) At the discretion of the District Manager, instructors may be 
designated by MSHA as approved instructors to teach specific courses 
based on the performance of the instructors while teaching classes 
monitored by MSHA. Operators shall indicate in the training plans 
submitted for approval whether they want to have instructors approved 
based on monitored performance. The District Manager shall consider such 
factors as the size of the mine, the number of employees, the mine 
safety record and remoteness from a training facility when determining 
whether instructor approval based on monitored performance is 
appropriate.
    (4) On the effective date of this subpart A, cooperative instructors 
who have been designated by MSHA to teach MSHA approved courses and who 
have taught such courses within the 24 months prior to the effective 
date of this subpart shall be considered approved instructors for such 
courses.
    (i) Instructors may have their approval revoked by MSHA for good 
cause which may include not teaching

[[Page 217]]

a course at least once every 24 months. Before any revocation is 
effective, the District Manager must send written reasons for revocation 
to the instructor and the instructor shall be given an opportunity to 
demonstrate or achieve compliance before the District Manager on the 
matter. A decision by the District Manager to revoke an instructor's 
approval may be appealed by the instructor to the Administrator for Coal 
Mine Safety and Health or Administrator for Metal and Non-metal Safety 
and Health, as appropriate, MSHA, 4015 Wilson Boulevard, Arlington, Va. 
22203. Such an appeal shall be submitted to the Administrator within 5 
days of notification of the District Manager's decision. Upon revocation 
of an instructor's approval, the District Manager shall immediately 
notify operators who use the instructor for training.
    (j) The District Manager for the area in which the mine is located 
shall notify the operator and the miners' representative, in writing, 
within 60 days from the date on which the training plan is filed, of the 
approval or status of the approval of the training programs.
    (1) If revisions are required for approval, or to retain approval 
thereafter, the revisions required shall be specified to the operator 
and the miners' representative and the operator and the miners' 
representative shall be afforded an opportunity to discuss the revisions 
with the District Manager, or to propose alternate revisions or changes. 
The District Manager, in consultation with the operator and the 
representative of the miners, shall fix a time within which the 
discussion will be held, or alternate revisions or changes submitted, 
before final approval is made.
    (2) The District Manager may approve separate programs of the 
training plan and withhold approval of other programs, pending 
discussion of revisions or submission of alternate revisions or changes.
    (k) Except as provided under Sec. 48.8(c) (Annual refresher training 
of miners) of this subpart A, the operator shall commence training of 
miners within 60 days after approval of the training plan, or approved 
programs of the training plan.
    (l) The operator shall notify the District Manager of the area in 
which the mine is located, and the miners' representative of any changes 
or modifications the operator proposes to make in the approved training 
plan. The operator shall obtain the approval of the District Manager for 
such changes or modifications.
    (m) In the event the District Manager disapproves a training plan or 
a proposed modification of a training plan or requires changes in a 
training plan or modification, the District Manager shall notify the 
operator and the miners' representative in writing of:
    (1) The specific changes or items of deficiency.
    (2) The action necessary to effect the changes or bring the 
disapproved training plan or modification into compliance.
    (3) The deadline for completion of remedial action to effect 
compliance, which shall serve to suspend punitive action under the 
provisions of sections 104 and 110 of the Act and other related 
regulations until that established deadline date, except that no such 
suspension shall take place in imminent danger situations.
    (n) The operator shall post on the mine bulletin board, and provide 
to the miners' representative, a copy of all MSHA revisions and 
decisions which concern the training plan at the mine and which are 
issued by the District Manager

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[43 FR 47459, Oct. 13, 1978; 44 FR 1980, Jan. 9, 1979, as amended at 47 
FR 14696, Apr. 6, 1982; 47 FR 23640, May 28, 1982; 47 FR 28095, June 29, 
1982; 60 FR 33722, June 29, 1995; 63 FR 53759, Oct. 6, 1998]



Sec. 48.4  Cooperative training program.

    (a) An operator of a mine may conduct his own training programs, or 
may participate in training programs conducted by MSHA, or may 
participate in MSHA approved training programs conducted by State or 
other Federal agencies, or associations of mine operators, miners' 
representatives, other mine operators, private associations, or 
educational institutions.

[[Page 218]]

    (b) Each program and course of instruction shall be given by 
instructors who have been approved by MSHA to instruct in the courses 
which are given, and such courses and the training programs shall be 
adapted to the mining operations and practices existing at the mine and 
shall be approved by the District Manager for the area in which the mine 
is located.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23640, May 28, 1982]



Sec. 48.5  Training of new miners; minimum courses of instruction; hours of instruction.

    (a) Each new miner shall receive no less than 40 hours of training 
as prescribed in this section before such miner is assigned to work 
duties. Such training shall be conducted in conditions which as closely 
as practicable duplicate actual underground conditions, and 
approximately 8 hours of training shall be given at the minesite.
    (b) The training program for new miners shall include the following 
courses:
    (1) Instruction in the statutory rights of miners and their 
representatives under the Act; authority and responsibility of 
supervisors. The course shall include instruction in the statutory 
rights of miners and their representatives under the Act, including a 
discussion of section 2 of the Act; a review and description of the line 
of authority of supervisors and miners' representatives and the 
responsibilities of such supervisors and miners' representatives; and an 
introduction to the operator's rules and the procedures for reporting 
hazards.
    (2) Self-rescue and respiratory devices. The course shall include 
instruction and demonstration in the use, care, and maintenance of self-
rescue and respiratory devices used at the mine. Training in the use of 
self-contained self-rescue devices shall include complete donning 
procedures in which each person assumes a donning position, opens the 
device, activates the device, inserts the mouthpiece or simulates this 
task while explaining proper insertion of the mouthpiece, and puts on 
the nose clip. The course shall be given before the new miner goes 
underground.
    (3) Entering and leaving the mine; transportation; communications. 
The course shall include instruction on the procedures in effect for 
entering and leaving the mine; the check-in and checkout system in 
effect at the mine; the procedures for riding on and in mine 
conveyances; the controls in effect for the transportation of miners and 
materials; and the use of the mine communication systems, warning 
signals, and directional signs.
    (4) Introduction to the work environment. The course shall include a 
visit and tour of the mine, or portions of the mine which are 
representative of the entire mine. A method of mining utilized at the 
mine shall be observed and explained.
    (5) Mine map; escapeways; emergency evacuation; barricading. The 
course shall include a review of the mine map; the escapeway system; the 
escape, firefighting, and emergency evacuation plans in effect at the 
mine; and the location of abandoned areas. Also included shall be an 
introduction to the methods of barricading and the locations of the 
barricading materials, where applicable. The program of instruction for 
escapeways and emergency evacuation plans approved by the District 
Manager shall be used for this course.
    (6) Roof or ground control and ventilation plans. The course shall 
include an introduction to and instruction on the roof or ground control 
plan in effect at the mine and procedures for roof and rib or ground 
control; and an introduction to and instruction on the ventilation plan 
in effect at the mine and the procedures for maintaining and controlling 
ventilation.
    (7) Health. The course shall include instruction on the purpose of 
taking dust, noise, and other health measurements, and any health 
control plan in effect at the mine shall be explained. The health 
provisions of the act and warning labels shall also be explained.
    (8) Cleanup; rock dusting. The course shall include instruction on 
the purpose of rock dusting and the cleanup and rock dusting program in 
effect at the mine, where applicable.
    (9) Hazard recognition. The course shall include the recognition and 
avoidance of hazards present in the mine, particularly any hazards 
related

[[Page 219]]

to explosives where explosives are used or stored at the mine.
    (10) Electrical hazards. The course shall include recognition and 
avoidance of electrical hazards.
    (11) First aid. The course shall include instruction in first aid 
methods acceptable to MSHA.
    (12) Mine gases. The course shall include instruction in the 
detection and avoidance of hazards associated with mine gases.
    (13) Health and safety aspects of the tasks to which the new miner 
will be assigned. The course shall include instruction in the health and 
safety aspects of the tasks to be assigned, the safe work procedures of 
such tasks, and the mandatory health and safety standards pertinent to 
such tasks.
    (14) Such other courses as may be required by the District Manager 
based on circumstances and conditions at the mine.
    (c) Methods, including oral, written, or practical demonstration, to 
determine successful completion of the training shall be included in the 
training plan. The methods for determining such completion shall be 
administered to the miner before he is assigned work duties.
    (d) A newly employed miner who has less than 12 months of mining 
experience and has received the courses and hours of instruction in 
paragraphs (a) and (b) of this section, within 36 months preceding 
employment at a mine, does not have to repeat this training. Before the 
miner starts work, the operator must provide the miner with the 
experienced miner training in Sec. 48.6(b) of this part and, if 
applicable, the new task training in Sec. 48.7 of this part. The 
operator must also provide the miner with annual refresher training and 
additional new task training, as applicable.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23640, May 28, 1982; 53 
FR 10335, Mar. 30, 1988; 63 FR 53760, Oct. 6, 1998]



Sec. 48.6  Experienced miner training.

    (a) Except as provided in paragraph (e), this section applies to 
experienced miners who are--
    (1) Newly employed by the operator;
    (2) Transferred to the mine;
    (3) Experienced underground miners transferred from surface to 
underground; or
    (4) Returning to the mine after an absence of more than 12 months.
    (b) Experienced miners must complete the training prescribed in this 
section before beginning work duties. Each experienced miner returning 
to mining following an absence of 5 years or more, must receive at least 
8 hours of training. The training must include the following 
instruction:
    (1) Introduction to work environment. The course shall include a 
visit and tour of the mine. The methods of mining utilized at the mine 
shall be observed and explained.
    (2) Mandatory health and safety standards. The course shall include 
the mandatory health and safety standards pertinent to the tasks to be 
assigned.
    (3) Authority and responsibility of supervisors and miners' 
representatives. The course shall include a review and description of 
the line of authority of supervisors and miners' representatives and the 
responsibilities of such supervisors and miners' representatives; and an 
introduction to the operator's rules and the procedures for reporting 
hazards.
    (4) Entering and leaving the mine; transportation; communications. 
The course shall include instruction in the procedures in effect for 
entering and leaving the mine; the check-in and checkout system in 
effect at the mine; the procedures for riding on and in mine 
conveyances; the controls in effect for the transportation of miners and 
materials; and the use of the mine communication systems, warning 
signals, and directional signs.
    (5) Mine map; escapeways; emergency evacuation; barricading. The 
course shall include a review of the mine map; the escapeway system; the 
escape, firefighting, and emergency evacuation plans in effect at the 
mine; the location of abandoned areas; and, where applicable, methods of 
barricading and the locations of barricading materials. The program of 
instruction for escapeways and emergency evacuation plans approved by 
the District Manager shall be used for this course.
    (6) Roof or ground control and ventilation plans. The course shall 
include an

[[Page 220]]

introduction to and instruction on the roof or ground control plan in 
effect at the mine and procedures for roof and rib or ground control; 
and an introduction to and instruction on the ventilation plan in effect 
at the mine and the procedures for maintaining and controlling 
ventilation.
    (7) Hazard recognition. The course must include the recognition and 
avoidance of hazards present in the mine.
    (8) Prevention of accidents. The course must include a review of the 
general causes of accidents applicable to the mine environment, causes 
of specific accidents at the mine, and instruction in accident 
prevention in the work environment.
    (9) Emergency medical procedures. The course must include 
instruction on the mine's emergency medical arrangements and the 
location of the mine's first aid equipment and supplies.
    (10) Health. The course must include instruction on the purpose of 
taking dust, noise, and other health measurements, where
    (11) Health and safety aspects of the tasks to which the experienced 
miner is assigned. The course must include instruction in the health and 
safety aspects of the tasks assigned and the safe work procedures of 
such tasks. Experienced miners who must complete new task training under 
Sec. 48.7 of this part do not need to take training under this 
paragraph.
    (12) Self-rescue and respiratory devices. The course shall include 
instruction and demonstration in the use, care, and maintenance of self-
rescue and respiratory devices used at the mine. Training in the use of 
self-contained self-rescue devices shall include complete donning 
procedures in which each person assumes a donning position, opens the 
device, activates the device, inserts the mouthpiece or simulates this 
task while explaining proper insertion of the mouthpiece, and puts on 
the nose clip.
    (13) Such other courses as may be required by the District Manager 
based on circumstances and conditions at the mine.
    (c) The operator may include instruction on additional safety and 
health subjects based on circumstances and conditions at the mine.
    (d) The training time spent on individual subjects must vary 
depending upon the training needs of the miners.
    (e) Any miner returning to the same mine, following an absence of 12 
months or less, must receive training on any major changes to the mine 
environment that have occurred during the miner's absence and that could 
adversely affect the miner's health or safety.
    (1) A person designated by the operator who is knowledgeable of 
these changes must conduct the training in this paragraph. An MSHA 
approved instructor is not required to conduct the training outlined in 
this paragraph.
    (2) No record of this training is required.
    (3) The miner must also complete annual refresher training as 
required in Sec. 48.8, if the miner missed taking that training during 
the absence.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23640, May 28, 1982; 53 
FR 10335, Mar. 30, 1988; 53 FR 12415, Apr. 14, 1988; 63 FR 53760, Oct. 
6, 1998]



Sec. 48.7  Training of miners assigned to a task in which they have had no previous experience; minimum courses of instruction.

    (a) Miners assigned to new work tasks as mobile equipment operators, 
drilling machine operators, haulage and conveyor systems operators, roof 
and ground control machine operators, and those in blasting operations 
shall not perform new work tasks in these categories until training 
prescribed in this paragraph and paragraph (b) of this section has been 
completed. This training shall not be required for miners who have been 
trained and who

[[Page 221]]

have demonstrated safe operating procedures for such new work tasks 
within 12 months preceding assignment. This training shall also not be 
required for miners who have performed the new work tasks and who have 
demonstrated safe operating procedures for such new work tasks within 12 
months preceding assignment. The training program shall include the 
following:
    (1) Health and safety aspects and safe operating procedures for work 
tasks, equipment, and machinery. The training shall include instruction 
in the health and safety aspects and the safe operating procedures 
related to the assigned tasks, and shall be given in an on-the-job 
environment; and
    (2)(i) Supervised practice during nonproduction. The training shall 
include supervised practice in the assigned tasks, and the performance 
of work duties at times or places where production is not the primary 
objective; on
    (ii) Supervised operation during production. The training shall 
include, while under direct and immediate supervision and production is 
in progress, operation of the machine or equipment and the performance 
of work duties.
    (3) New or modified machines and equipment. Equipment and machine 
operators shall be instructed in safe operating procedures applicable to 
new or modified machines or equipment to be installed or put into 
operation in the mine, which require new or different operating 
procedures.
    (4) Such other courses as may be required by the District Manager 
based on circumstances and conditions at the mine.
    (b) Miners under paragraph (a) of this section shall not operate the 
equipment or machine or engage in blasting operations without direction 
and immediate supervision until such miners have demonstrated safe 
operating procedures for the equipment or machine or blasting operation 
to the operator or the operator's agent.
    (c) Miners assigned a new task not covered in paragraph (a) of this 
section shall be instructed in the safety and health aspects and safe 
work procedures of the task, prior to performing such task.
    (d) Any person who controls or directs haulage operations at a mine 
shall receive and complete training courses in safe haulage procedures 
related to the haulage system, ventilation system, firefighting 
procedures, and emergency evacuation procedures in effect at the mine 
before assignment to such duties.
    (e) All training and supervised practice and operation required by 
this section shall be given by a qualified trainer, or a supervisor 
experienced in the assigned tasks, or other person experienced in the 
assigned tasks.

[43 FR 47459, Oct. 13, 1978, as amended at 44 FR 1980, Jan. 9, 1979; 47 
FR 23640, May 28, 1982]



Sec. 48.8  Annual refresher training of miners; minimum courses of instruction; hours of instruction.

    (a) Each miner shall receive a minimum of 8 hours of annual 
refresher training as prescribed in this section.
    (b) The annual refresher training program for all miners shall 
include the following courses of instruction:
    (1) Mandatory health and safety standards. The course shall include 
mandatory health and safety standard requirements which are related to 
the miner's tasks.
    (2) Transportation controls and communication systems. The course 
shall include instruction on the procedures for riding on and in mine 
conveyances; the controls in effect for the transportation of miners and 
materials; and the use of the mine communication systems, warning 
signals, and directional signs.
    (3) Barricading. The course shall include a review of the methods of 
barricading and locations of barricading materials, where applicable.
    (4) Roof or ground control and ventilation plans. The course shall 
include a review of roof or ground control plans in effect at the mine 
and the procedures for maintaining and controlling ventilation.
    (5) First aid. The course shall include a review of first aid 
methods acceptable to MSHA.
    (6) Electrical hazards. The course shall include recognition and 
avoidance of electrical hazards.
    (7) Prevention of accidents. The course shall include a review of 
accidents and causes of accidents, and instruction in

[[Page 222]]

accident prevention in the work environment.
    (8) Self-rescue and respiratory devices. The course shall include 
instruction and demonstration in the use, care, and maintenance of self-
rescue and respiratory devices used at the mine. Training in the use of 
self-contained self-rescue devices shall include complete donning 
procedures in which each person assumes a donning position, opens the 
device, activates the device, inserts the mouthpiece or simulates this 
task while explaining proper insertion of the mouthpiece, and puts on 
the nose clip.
    (9) Explosives. The course shall include a review and instruction on 
the hazards related to explosives. The only exception to this course 
component is when there are no explosives used or stored on the mine 
property.
    (10) Mine gases. The course shall include instruction in the 
detection and avoidance of hazards associated with mine gases.
    (11) Health. The course shall include instruction on the purpose of 
taking dust, noise, and other health measurements and any health control 
plan in effect at the mine shall be explained. The health provisions of 
the Act and warning labels shall also be explained.
    (12) Such other courses as may be required by the District Manager 
based on circumstances and conditions at the mine.
    (c) All coal supervisors who are subject to Sec. 75.161(a) of this 
chapter must receive annual refresher training required by this section 
within 12 months of October, 1998.
    (d) Where annual refresher training is conducted periodically, such 
sessions shall not be less than 30 minutes of actual instruction time 
and the miners shall be notified that the session is part of annual 
refresher training.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23640, May 28, 1982; 53 
FR 10336, Mar. 30, 1988; 63 FR 53760, Oct. 6, 1998]



Sec. 48.9  Records of training.

    (a) Upon a miner's completion of each MSHA approved training 
program, the operator shall record and certify on MSHA form 5000-23 that 
the miner has received the specified training. A copy of the training 
certificate shall be given to the miner at the completion of the 
training. The training certificates for each miner shall be available at 
the minesite for inspection by MSHA and for examination by the miners, 
the miner's representative, and State inspection agencies. When a miner 
leaves the operator's employ, the miner shall be entitled to a copy of 
his training certificates.
    (b) False certification that training was given shall be punishable 
under section 110 (a) and (f) of the Act.
    (c) Copies of training certificates for currently employed miners 
shall be kept at the minesite for 2 years, or for 60 days after 
termination of employment.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 14706, Apr. 6, 1982; 60 
FR 33722, June 29, 1995]



Sec. 48.10  Compensation for training.

    (a) Training shall be conducted during normal working hours; miners 
attending such training shall receive the rate of pay as provided in 
Sec. 48.2(d) (Definition of normal working hours) of this subpart A.
    (b) If such training shall be given at a location other than the 
normal place of work, miners shall be compensated for the additional 
cost, such as mileage, meals, and lodging, they may incur in attending 
such training sessions.



Sec. 48.11  Hazard training.

    (a) Operators shall provide to those miners, as defined in 
Sec. 48.2(a)(2) (Definition of miner) of this subpart A, a training 
program before such miners commence their work duties. This training 
program shall include the following instruction, which is applicable to 
the duties of such miners:
    (1) Hazard recognition and avoidance;
    (2) Emergency and evacuation procedures;
    (3) Health and safety standards, safety rules, and safe working 
procedures;
    (4) Use of self-rescue and respiratory devices, with self-contained 
self-rescue device training that includes complete donning procedures in 
which each person assumes a donning position, opens the device, 
activates the device, inserts

[[Page 223]]

the mouthpiece or simulates this task while explaining proper insertion 
of the mouthpiece, and puts on the nose clip; and
    (5) Such other instruction as may be required by the District 
Manager based on circumstances and conditions at the mine.
    (b) Miners shall receive the instruction required by this section at 
least once every 12 months.
    (c) The training program required by this section shall be submitted 
with the training plan required by Sec. 48.3(a) (Training plans: 
Submission and approval) of this subpart A and shall include a statement 
on the methods of instruction to be used.
    (d) In accordance with Sec. 48.9 (Records of training) of this 
subpart A, the operator shall maintain and make available for inspection 
certificates that miners have received the hazard training required by 
this section.
    (e) Miners subject to hazard training shall be accompanied at all 
times while underground by an experienced miner, as defined in 
Sec. 48.2(b) (Definition of miner) of this subpart A.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23640, May 25, 1982; 53 
FR 10336, Mar. 30, 1988]



Sec. 48.12  Appeals procedures.

    The operator, miner, and miners' representative shall have the right 
of appeal from a decision of the District Manager.
    (a) In the event an operator, miner, or miners' representative 
decides to appeal a decision by a District Manager, such an appeal shall 
be submitted, in writing, to the Administrator for Coal Mine Safety and 
Health or Administrator for Metal and Non-metal Safety and Health, as 
appropriate, MSHA, 4015 Wilson Boulevard, Arlington, Va. 22203, within 
30 days of notification of the District Manager's decision.
    (b) The Administrator may require additional information from the 
operator, the miners, or their representatives, and the District 
Manager, if the Administrator determines such information is necessary.
    (c) The Administrator shall render a decision on the appeal within 
30 days after receipt of the appeal.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23640, May 28, 1982]



 Subpart B--Training and Retraining of Miners Working at Surface Mines 
                 and Surface Areas of Underground Mines



Sec. 48.21  Scope.

    The provisions of this subpart B set forth the mandatory 
requirements for submitting and obtaining approval of programs for 
training and retraining miners working at surface mines and surface 
areas of underground mines. Requirements regarding compensation for 
training and retraining are also included. The requirements for training 
and retraining miners working in underground mines are set forth in 
subpart A of this part.



Sec. 48.22  Definitions.

    For the purposes of this subpart B--
    (a)(1) Miner means, for purposes of Secs. 48.23 through 48.30 of 
this subpart B, any person working in a surface mine or surface areas of 
an underground mine and who is engaged in the extraction and production 
process, or who is regularly exposed to mine hazards, or who is a 
maintenance or service worker employed by the operator or a maintenance 
or service worker contracted by the operator to work at the mine for 
frequent or extended periods. This definition shall include the operator 
if the operator works at the mine on a continuing, even if irregular, 
basis. Short-term, specialized contract workers, such as drillers and 
blasters, who are engaged in the extraction and production process and 
who have received training under Sec. 48.26 (Experienced miner training) 
of this subpart B, may in lieu of subsequent training under that section 
for each new employment, receive training under Sec. 48.31 (Hazard 
training) of this subpart B. This definition does not include:
    (i) Construction workers and shaft and slope workers under subpart C 
of this Part 48;
    (ii) Any person covered under paragraph (a)(2) of this section.

[[Page 224]]

    (2) Miner means, for purposes of Sec. 48.31 (Hazard training) of 
this subpart B, any person working in a surface mine, including any 
delivery, office, or scientific worker or occasional, short-term 
maintenance or service worker contracted by the operator, and any 
student engaged in academic projects involving his or her extended 
presence at the mine. This definition excludes persons covered under 
paragraph (a)(1) of this section and subpart C of this part.
    (b) Experienced miner means:
    (1) A miner who has completed MSHA-approved new miner training for 
surface miners or training acceptable to MSHA from a State agency and 
who has had at least 12 months of surface mining experience; or
    (2) A supervisor who is certified under an MSHA-approved State 
certification program and who is employed as a surface supervisor on 
October 6, 1998; or
    (3) An experienced surface miner on February 3, 1999.
    (c) New miner means a miner who is not an experienced miner.
    (d) Normal working hours means a period of time during which a miner 
is otherwise scheduled to work. This definition does not preclude 
scheduling training classes on the sixth or seventh working day if such 
a work schedule has been established for a sufficient period of time to 
be accepted as the operator's common practice. Miners shall be paid at a 
rate of pay which shall correspond to the rate of pay they would have 
received had they been performing their normal work tasks.
    (e) Operator means any owner, lessee, or other person who operates, 
controls, or supervises a surface mine or surface area of an underground 
mine; or any independent contractor identified as an operator performing 
services or construction at such time.
    (f) Task means a work assignment that includes duties of a job that 
occur on a regular basis and which requires physical abilitities and job 
knowledge.
    (g) Act means the Federal Mine Safety and Health Act of 1977.

[43 FR 47459, Oct. 13, 1978; 44 FR 1980, Jan. 9, 1979; 63 FR 53759, 
53760, Oct. 6, 1998]



Sec. 48.23  Training plans; time of submission; where filed; information required; time for approval; method for disapproval; commencement of training; approval 
          of instructors.

    (a) Each operator of a mine shall have an MSHA approved plan 
containing programs for training new miners, training experienced 
miners, training miners for new tasks, annual refresher training, and 
hazard training for miners as follows:
    (1) In the case of a mine which is operating on the effective date 
of this subpart B, the operator of the mine shall submit such plan for 
approval within 150 days after the effective date of this subpart B.
    (2) Within 60 days after the operator submits the plan for approval, 
unless extended by MSHA, the operator shall have an approved plan for 
the mine.
    (3) In the case of a new mine which is to be opened or a mine which 
is to be reopened or reactivated after the effective date of this 
subpart B, the operator shall have an approved plan prior to opening the 
new mine, or reopening or reactivating the mine unless the mine is 
reopened or reactivated periodically using portable equipment and mobile 
teams of miners as a normal method of operation by the operator. The 
operator to be so excepted shall maintain an approved plan for training 
covering all mine locations which are operated with portable equipment 
and mobile teams of miners.
    (b) The training plan shall be filed with the District Manager for 
the area in which the mine is located.
    (c) Each operator shall submit to the District Manager the following 
information:
    (1) The company name, mine name, and MSHA identification number of 
the mine.
    (2) The name and position of the person designated by the operator 
who is responsible for health and safety training at the mine. This 
person may be the operator.
    (3) A list of MSHA approved instructors with whom the operator 
proposes to make arrangements to teach the courses, and the courses each 
instructor is qualified to teach.
    (4) The location where training will be given for each course.

[[Page 225]]

    (5) A description of the teaching methods and the course materials 
which are to be used in training.
    (6) The approximate number of miners employed at the mine and the 
maximum number who will attend each session of training.
    (7) The predicted time or periods of time when regularly scheduled 
refresher training will be given. This schedule shall include the titles 
of courses to be taught, the total number of instruction hours for each 
course, and the predicted time and length of each session of training.
    (8) For the purposes of Sec. 48.27 (New task training of miners) of 
this subpart B, the operator shall submit:
    (i) A complete list of task assignments to correspond with the 
definition of ``task'' in Sec. 48.22(f) of this subpart B.
    (ii) The titles of personnel conducting the training for this 
section.
    (iii) The outline of training procedures used in training miners in 
those work assignments listed according to paragraph (c)(8)(i) of this 
section.
    (iv) The evaluation procedures used to determine the effectiveness 
of training under Sec. 48.27 of this subpart B.
    (d) The operator shall furnish to the representative of the miners a 
copy of the training plan 2 weeks prior to its submission to the 
District Manager. Where a miners' representative is not designated, a 
copy of the plan shall be posted on the mine bulletin board 2 weeks 
prior to its submission to the District Manager. Written comments 
received by the operator from miners or their representatives shall be 
submitted to the District Manager. Miners or their representatives may 
submit written comments directly to the District Manager.
    (e) All training required by the training plan submitted to and 
approved by the District Manager as required by this subpart B shall be 
subject to evaluation by the District Manager to determine the 
effectiveness of the training programs. If it is deemed necessary, the 
District Manager may require changes in, or additions to, programs. Upon 
request from the District Manager the operator shall make available for 
evaluation the instructional materials, handouts, visual aids, and other 
teaching accessories used or to be used in the training programs. Upon 
request from the District Manager the operator shall provide information 
concerning schedules of upcoming training.
    (f) The operator shall make a copy of the MSHA approved training 
plan available at the mine site for MSHA inspection and examination by 
the miners and their representatives.
    (g) Except as provided in Sec. 48.27 (New task training of miners) 
and Sec. 48.31 (Hazard training) of this subpart B, all courses shall be 
conducted by MSHA approved instructors.
    (h) Instructors shall be approved by the District Manager in one or 
more of the following ways:
    (1) Instructors shall take an instructor's training course conducted 
by the District Manager or given by persons designated by the District 
Manager to give such instruction; and instructors shall have 
satisfactorily completed a program of instruction approved by the Office 
of Educational Policy and Development, MSHA, in the subject matter to be 
taught.
    (2) Instructors may be designated by MSHA as approved instructors to 
teach specific courses based on written evidence of the instructors' 
qualifications and teaching experience.
    (3) At the discretion of the District Manager, instructors may be 
designated by MSHA as approved instructors to teach specific courses 
based on the performance of the instructors while teaching classes 
monitored by MSHA. Operators shall indicate in training plans submitted 
for approval whether they want to have instructors approved based on 
monitored performance. The District Manager shall consider such factors 
as the size of the mine, the number of employees, the mine safety record 
and remoteness from a training facility when determining whether 
instructor approval based on monitored performance is appropriate.
    (4) On the effective date of this subpart B, cooperative instructors 
who have been designated by MSHA to teach MSHA approved courses and who 
have taught such courses within 24 months prior to the effective date of 
this subpart shall be considered approved instructors for such courses.

[[Page 226]]

    (i) Instructors may have their approval revoked by MSHA for good 
cause which may include not teaching a course at least once every 24 
months. Before any revocation is effective, the District Manager must 
send written reasons for revocation to the instructor and the instructor 
shall be given an opportunity to demonstrate or achieve compliance 
before the District Manager on the matter. A decision by the District 
Manager to revoke an instructor's approval may be appealed by the 
instructor to the Administrator for Coal Mine Safety and Health or 
Administrator for Metal and Non-metal Safety and Health, as appropriate, 
MSHA, 4015 Wilson Boulevard, Arlington, Va. 22203. Such an appeal shall 
be submitted to the Administrator within 5 days of notification of the 
District Manager's decision. Upon revocation of an instructor's 
approval, the District Manager shall immediately notify operators who 
use the instructor for training.
    (j) The District Manager for the area in which the mine is located 
shall notify the operator and the miners' representative, in writing, 
within 60 days from the date on which the training plan is filed, of the 
approval or status of the approval of the training programs.
    (1) If revisions are required for approval, or to retain approval 
thereafter, the revisions required shall be specified to the operator 
and the miners' representative and the operator and the miners' 
representative shall be afforded an opportunity to discuss the revisions 
with the District Manager, or propose alternate revisions or changes. 
The District Manager, in consultation with the operator and the 
representative of miners, shall fix a time within which the discussion 
will be held, or alternate revisions or changes submitted, before final 
approval is made.
    (2) The District Manager may approve separate programs of the 
training plan and withhold approval of other programs, pending 
discussion of revisions or submission of alternate revisions or changes.
    (k) Except as provided under Sec. 48.28(c) (Annual refresher 
training of miners) of this subpart B, the operator shall commence 
training of miners within 60 days after approval of the training plan, 
or approved programs of the training plan.
    (l) The operator shall notify the District Manager of the area in 
which the mine is located and the miners' representative of any changes 
of modifications which the operator proposes to make in the approval 
training plan. The operator shall obtain the approval of the District 
Manager for such changes or modifications.
    (m) In the event the District Manager disapproves a training plan or 
a proposed modification of a training plan or requires changes in a 
training plan or modification, the District Manager shall notify the 
operator and the miners' representative in writing of:
    (1) The specific changes or items of deficiency.
    (2) The action necessary to effect the changes or bring the 
disapproved training plan or modification into compliance.
    (3) The deadline for completion of remedial action to effect 
compliance, which shall serve to suspend punitive action under the 
provisions of sections 104 and 110 of the Act and other related 
regulations until that established deadline date, except that no such 
suspension shall take place in imminent danger situations.
    (n) The operator shall post on the mine bulletin board, and provide 
to the miners' representative, a copy of all MSHA revisions and 
decisions which concern the training plan at the mine and which are 
issued by the District Manager.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 14696, Apr. 6, 1982; 47 
FR 23640, May 28, 1982; 47 FR 28095, June 29, 1982; 60 FR 33723, June 
29, 1995; 63 FR 52759, Oct. 6, 1998]



Sec. 48.24  Cooperative training program.

    (a) An operator of a mine may conduct his own training programs, or 
may participate in training programs conducted by MSHA, or may 
participate in MSHA approved training programs conducted by State or 
other

[[Page 227]]

Federal agapproval; encies, or associations of mine operators, miners' 
representatives, other mine operators, private associations, or 
educational institutions.
    (b) Each program and course of instruction shall be given by 
instructors who have been approved by MSHA to instruct in the courses 
which are given, and such courses and the training programs shall be 
adapted to the mining operations and practices existing at the mine and 
shall be approved by the District Manager for the area in which the mine 
is located.

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



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

    (a) Each new miner shall receive no less than 24 hours of training 
as prescribed in this section. Except as otherwise provided in this 
paragraph, new miners shall receive this training before they are 
assigned to work duties. At the discretion of the District Manager, new 
miners may receive a portion of this training after assignment to work 
duties: Provided, That no less than 8 hours of training shall in all 
cases be given to new miners before they are assigned to work duties. 
The following courses shall be included in the 8 hours of training: 
Introduction to work environment, hazard recognition, and health and 
safety aspects of the tasks to which the new miners will be assigned. 
Following the completion of this preassignment training, new miners 
shall then receive the remainder of the required 24 hours of training, 
or up to 16 hours, within 60 days. Operators shall indicate in the 
training plans submitted for approval whether they want to train new 
miners after assignment to duties and for how many hours. In determining 
whether new miners may be given this training after they are assigned 
duties, the District Manager shall consider such factors as the mine 
safety record, rate of employee turnover and mine size. Miners who have 
not received the full 24 hours of new miner training shall be required 
to work under the close supervision of an experienced miner.
    (b) The training program for new miners shall include the following 
courses:
    (1) Instruction in the statutory rights of miners and their 
representatives under the Act; authority and responsibility of 
supervisors. The course shall include instruction in the statutory 
rights of miners and their representatives under the Act, including a 
discussion of section 2 of the Act; a review and description of the line 
of authority of supervisors and miners' representatives and the 
responsibilities of such supervisors and miners' representatives; and an 
introduction to the operator's rules and the procedures for reporting 
hazards.
    (2) Self-rescue and respiratory devices. The course shall include 
instruction and demonstration in the use, care, and maintenance of self-
rescue and respiratory devices, where applicable.
    (3) Transportation controls and communication systems. The course 
shall include instruction on the procedures in effect for riding on and 
in mine conveyances where applicable; the controls for the 
transportation of miners and materials; and the use of mine 
communication systems, warning signals, and directional signs.
    (4) Introduction to work environment. The course shall include a 
visit and tour of the mine, or portions of the mine which are 
representative of the entire mine. The method of mining or operation 
utilized shall be observed and explained.
    (5) Escape and emergency evacuation plans; firewarning and 
firefighting. The course shall include a review of the mine escape 
system, and escape and emergency evacuation plans in effect at the mine; 
and instruction in the firewarning signals and firefighting procedures.
    (6) Ground control; working in areas of highwalls, water hazards, 
pits and spoil banks; illumination and night work. The course shall 
include, where applicable, and introduction to and instruction on the 
highwall and ground control plans in effect at the mine; procedures for 
working safely in areas of highwalls, water hazards, pits and spoil 
banks; the illumination of work areas; and safe work procedures during 
the hours of darkness.

[[Page 228]]

    (7) Health. The course shall include instruction on the purpose of 
taking dust measurements, where applicable, and noise and other health 
measurements, and any health control plan in effect at the mine shall be 
explained. The health provisions of the Act and warning labels shall 
also be explained.
    (8) Hazard recognition. The course shall include the recognition and 
avoidance of hazards present in the mine.
    (9) Electrical hazards. The course shall include recognition and 
avoidance of electrical hazards.
    (10) First aid. The course shall include instruction in first aid 
methods acceptable to MSHA.
    (11) Explosives. The course shall include a review and instruction 
on the hazards related to explosives. The only exception to this course 
component is when no explosives are used or stored on mine property.
    (12) Health and safety aspects of the tasks to which the new miner 
will be assigned. The course shall include instructions in the health 
and safety aspects of the tasks to be assigned, the safe work procedures 
of such tasks, and the mandatory health and safety standards pertinent 
to such tasks.
    (13) Such other courses as may be required by the District Manager 
based on circumstances and conditions at the mine.
    (c) Methods, including oral, written or practical demonstration, to 
determine successful completion of the training shall be included in the 
training plan. Upon completion of training, the methods for determining 
successful completion shall be administered to the miner. The method for 
determining successful completion of pre-assignment training under 
paragraph (a) of this section shall be administered to the miner before 
he is assigned to work duties.
    (d) A newly employed miner who has less than 12 months of mining 
experience and has received the courses and hours of instruction in 
paragraphs (a) and (b) of this section, within 36 months preceding 
employment at a mine, does not have to repeat this training. Before the 
miner starts work, the operator must provide the miner with the 
experienced miner training in Sec. 48.26(b) of this part and, if 
applicable, the new task training in Sec. 48.27 of this part. The 
operator must also provide the miner with annual refresher training and 
additional new task training, as applicable.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23641, May 28, 1982; 63 
FR 53760, Oct. 6, 1998]



Sec. 48.26  Experienced miner training.

    (a) Except as provided in paragraph (e), this section applies to 
experienced miners who are--
    (1) Newly employed by the operator;
    (2) Transferred to the mine;
    (3) Experienced surface miners transferred from underground to 
surface; or
    (4) Returning to the mine after an absence of more than 12 months.
    (b) Experienced miners must complete the training prescribed in this 
section before beginning work duties. Each experienced miner returning 
to mining following an absence of 5 years or more, must receive at least 
8 hours of training. The training must include the following 
instruction:
    (1) Introduction to work environment. The course shall include a 
visit and tour of the mine. The methods of mining or operations utilized 
at the mine shall be observed and explained.
    (2) Mandatory health and safety standards. The course shall include 
the mandatory health and safety standards pertinent to the tasks to be 
assigned.
    (3) Authority and responsibility of supervisors and miners' 
representatives. The course shall include a review and description of 
the line of authority of supervisors and miners' representatives and the 
responsibilities of such supervisors and miners' representatives; and an 
introduction to the operator's rules and the procedures for reporting 
hazards.
    (4) Transportation controls and communication systems. The course 
shall include instruction on the procedures in effect for riding on and 
in mine conveyances; the controls for the transportation of miners and 
materials; and the use of the mine communication systems, warning 
signals, and directional signs.
    (5) Escape and emergency evacuation plans; firewarning and 
firefighting. The course must include a review of the

[[Page 229]]

mine escape system and the escape and emergency evacuation plans in 
effect at the mine, and instruction in the firewarning signals and 
firefighting procedures in effect at the mine..
    (6) Ground controls; working in areas of highwalls, water hazards, 
pits, and spoil banks; illumination and night work. The course shall 
include, where applicable, an introduction to and instruction on the 
highwall and ground control plans in effect at the mine; procedures for 
working safely in areas of highwalls, water hazards, pits, and spoil 
banks, the illumination of work areas, and safe work procedures for 
miners during hours of darkness.
    (7) Hazard recognition. The course must include the recognition and 
avoidance of hazards present in the mine.
    (8) Prevention of accidents. The course must include a review of the 
general causes of accidents applicable to the mine environment, causes 
of specific accidents at the mine, and instruction in accident 
prevention in the work environment.
    (9) Emergency medical procedures. The course must include 
instruction on the mine's emergency medical arrangements and the 
location of the mine's first aid equipment and supplies.
    (10) Health. The course must include instruction on the purpose of 
taking dust, noise, and other health measurements, where applicable; 
must review the health provisions of the Act; and must explain warning 
labels and any health control plan in effect at the mine.
    (11) Health and safety aspects of the tasks to which the experienced 
miner is assigned. The course must include instruction in the health and 
safety aspects of the tasks assigned and the safe work procedures of 
such tasks. Experienced miners who must complete new task training under 
Sec. 48.27 of this part do not need to take training under this 
paragraph.
    (12) Such other courses as may be required by the District Manager 
based on circumstances and conditions at the mine.
    (c) The operator may include instruction in additional safety and 
health subjects based on circumstances and conditions at the mine.
    (d) The training time spent on individual subjects must vary 
depending upon the training needs of the miners.
    (e) Any miner returning to the same mine, following an absence of 12 
months or less, must receive training on any major changes to the mine 
environment that have occurred during the miner's absence and that could 
adversely affect the miner's health or safety.
    (1) A person designated by the operator who is knowledgeable of 
these changes must conduct the training in this paragraph. An MSHA 
approved instructor is not required to conduct the training outlined in 
this paragraph.
    (2) No record of this training is required.
    (3) The miner must complete annual refresher training as required in 
Sec. 48.28, if the miner missed taking that training during the absence.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23641, May 28, 1982; 63 
FR 53760, Oct. 6, 1998]



Sec. 48.27  Training of miners assigned to a task in which they have had no previous experience; minimum courses of instruction.

    (a) Miners assigned to new work tasks as mobile equipment operators, 
drilling machine operators, haulage and conveyor systems operators, 
ground control machine operators, and those in blasting operations shall 
not perform new work tasks in these catergories until training 
prescribed in this paragraph and paragraph (b) of this section has been 
completed. This training shall not be required for miners who have been 
trained and who have demonstrated safe operating procedures for such new 
work tasks within 12 months preceding assignment. This training shall 
also not be required for miners who have performed the new work tasks 
and who have demonstrated safe operating procedures for such new work 
tasks within 12 months preceding assignment. The training program shall 
include the following:
    (1) Health and safety aspects and safe operating procedures for work 
tasks, equipment, or machinery. The training shall include instruction 
in the health and safety aspects and safe operating procedures related 
to the assigned

[[Page 230]]

tasks, and shall be given in an on-the-job environment; and,
    (2)(i) Supervised practice during nonproduction. The training shall 
include supervised practice in the assigned tasks, and the performance 
of work duties at times or places where production is not the primary 
objective; or,
    (ii) Supervised operation during production. The training shall 
include, while under direct and immediate supervision and production is 
in progress, operation of the machine or equipment and the performance 
of work duties.
    (3) New or modified machines and equipment. Equipment and machine 
operators shall be instructed in safe operating procedures applicable to 
new or modified machines or equipment to be installed or put into 
operation in the mine, which require new or different operating 
procedures.
    (4) Such other courses as may be required by the District Manager 
based on circumstances and conditions at the mine.
    (b) Miners under paragraph (a) of this section shall not operate the 
equipment or machine or engage in blasting operations without direction 
and immediate supervision until such miners have demonstrated safe 
operating procedures for the equipment or machine or blasting operation 
to the operator or the operator's agent.
    (c) Miners assigned a new task not covered in paragraph (a) of this 
section shall be instructed in the safety and health aspects and safe 
work procedures of the task, prior to performing such task.
    (d) All training and supervised practice and operation required by 
this section shall be given by a qualified trainer, or a supervisor 
experienced in the assigned tasks, or other person experienced in the 
assigned tasks.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23640, May 28, 1982]



Sec. 48.28  Annual refresher training of miners; minimum courses of instruction; hours of instruction.

    (a) Each miner shall receive a mimimum of 8 hours of annual 
refresher training as prescribed in this section.
    (b) The annual refresher training program for all miners shall 
include the following courses of instruction:
    (1) Mandatory health and safety standards. The course shall include 
mandatory health and safety standard requirements which are related to 
the miner's tasks.
    (2) Transportation controls and communication systems. The course 
shall include instruction on the procedures for riding on and in mine 
conveyances; the controls in effect for the transportation of miners and 
materials; and the use of the mine communication systems, warning 
signals, and directional signs.
    (3) Escape and emergency evacuation plans; firewarning and 
firefighting. The course shall include a review of the mine escape 
system; escape and emergency evacuation plans in effect at the mine; and 
instruction in the firewarning signals and firefighting procedures.
    (4) Ground control; working in areas of highwalls, water hazards, 
pits, and spoil banks; illumination and night work. The course shall 
include, where applicable, a review and instruction on the highwall and 
ground control plans in effect at the mine; procedures for working 
safely in areas of highwalls, water hazards, pits, and spoil banks; the 
illumination of work areas; and safe work procedures during hours of 
darkness.
    (5) First aid. The course shall include a review of first aid 
methods acceptable to MSHA.
    (6) Electrical hazards. The course shall include recognition and 
avoidance of electrical hazards.
    (7) Prevention of accidents. the course shall include a review of 
accidents and causes of accidents, and instruction in accident 
prevention in the work environment.
    (8) Health. The course shall include instruction on the purpose of 
taking dust measurements, where applicable, and noise and other health 
measurements, and any health control plan in effect at the mine shall be 
explained. The health provisions of the Act and warning labels shall 
also be explained.
    (9) Explosives. The course shall include a review and instruction on 
the hazards related to explosives. The only

[[Page 231]]

exception to this course component is when there are no explosives used 
or stored on the mine property.
    (10) Self-rescue and respiratory devices. The course shall include 
instruction and demonstration in the use, care, and maintenance of self-
rescue and respiratory devices, where applicable.
    (11) Such other courses as may be required by the District Manager 
based on circumstances and conditions at the mine.
    (c) All coal supervisors who are subject to Sec. 77.107-1 of this 
chapter must receive annual refresher training required by this section 
within 12 months of October, 1998.
    (d) Where annual refresher training is conducted periodically, such 
sessions shall not be less than 30 minutes of actual instruction time 
and the miners shall be notified that the session is part of annual 
refresher training.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23641, May 28, 1982; 63 
FR 53761, Oct. 6, 1998]



Sec. 48.29  Records of training.

    (a) Upon a miner's completion of each MSHA approved training 
program, the operator shall record and certify on MSHA form 5000-23 that 
the miner has received the specified training. A copy of the training 
certificate shall be given to the miner at the completion of the 
training. The training certificates for each miner shall be available at 
the mine site for inspection by MSHA and for examination by the miners, 
the miners' representative and State inspection agencies. When a miner 
leaves the operator's employ, the miner shall be entitled to a copy of 
his training certificates.
    (b) False certification that training was given shall be punishable 
under section 110 (a) and (f) of the Act.
    (c) Copies of training certificates for currently employed miners 
shall be kept at the mine site for 2 years, or for 60 days after 
termination of employment.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 14706, Apr. 6, 1982; 60 
FR 33723, June 29, 1995]



Sec. 48.30  Compensation for training.

    (a) Training shall be conducted during normal working hours; miners 
attending such training shall receive the rate of pay as provided in 
Sec. 48.22(d) (Definition of normal working hours) of this subpart B.
    (b) If such training shall be given at a location other than the 
normal place of work, miners shall be compensated for the additional 
costs, such a mileage, meals, and lodging, they may incur in attending 
such training sessions.



Sec. 48.31  Hazard training.

    (a) Operators shall provide to those miners, as defined in 
Sec. 48.22(a) (2) (Definition of miner) of this subpart B, a training 
program before such miners commence their work duties. This training 
program shall include the following instruction, which is applicable to 
the duties of such miners:
    (1) Hazard recognition and avoidance;
    (2) Emergency and evacuation procedures;
    (3) Health and safety standards, safety rules and safe working 
procedures;
    (4) Self-rescue and respiratory devices; and,
    (5) Such other instruction as may be required by the District 
Manager based on circumstances and conditions at the mine.
    (b) Miners shall receive the instruction required by this section at 
least once every 12 months.
    (c) The training program required by this section shall be submitted 
with the training plan required by Sec. 48.23(a) (Training plans: 
Submission and approval) of this subpart B and shall include a statement 
on the methods of instruction to be used.
    (d) In accordance with Sec. 48.29 (Records of training) of this 
subpart B, the operator shall maintain and make available for 
inspection, certificates that miners have received the instruction 
required by this section.

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

[[Page 232]]



Sec. 48.32  Appeals procedures.

    The operator, miner, and miners' representative shall have the right 
of appeal from a decision of the District Manager.
    (a) In the event an operator, miner, or miners' representative 
decides to appeal a decision by the District Manager, such an appeal 
shall be submitted, in writing, to the Administrator for Coal Mine 
Safety and Health or Administrator for Metal and Non-metal Safety and 
Health, as appropriate, MSHA, 4015 Wilson Boulevard, Arlington, Va. 
22203, within 30 days of notification of the District Manager's 
decision.
    (b) The Administrator may require additional information from the 
operator, the miners or their representatives, and the District Manager, 
if the Administrator determines such information is necessary.
    (c) The Administrator shall render a decision on the appeal within 
30 days after receipt of the appeal.

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



PART 49--MINE RESCUE TEAMS--Table of Contents




Sec.
49.1  Purpose and scope.
49.2  Availability of mine rescue teams.
49.3  Alternative mine rescue capability for small and remote mines.
49.4  Alternative mine rescue capability for special mining conditions.
49.5  Mine rescue station.
49.6  Equipment and maintenance requirements.
49.7  Physical requirements for mine rescue team.
49.8  Training for mine rescue teams.
49.9  Mine emergency notification plan.
49.10  Effective date.

    Authority: 30 U.S.C. 811, 825(e), 957.

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



Sec. 49.1  Purpose and scope.

    This part implements the provisions of Section 115(e) of the Federal 
Mine Safety and Health Act of 1977. Every operator of an underground 
mine shall assure the availability of mine rescue capability for 
purposes of emergency rescue and recovery.



Sec. 49.2  Availability of mine rescue teams.

    (a) Except where alternative compliance is permitted for small and 
remote mines (Sec. 49.3) or those mines operating under special mining 
conditions (Sec. 49.4), every operator of an underground mine shall:
    (1) Establish at least two mine rescue teams which are available at 
all times when miners are underground; or
    (2) Enter into an arrangement for mine rescue services which assures 
that at least two mine rescue teams are available at all times when 
miners are underground.
    (b) Each mine rescue team shall consist of five members and one 
alternate, who are fully qualified, trained, and equipped for providing 
emergency mine rescue service.
    (c) To be considered for membership on a mine rescue team, each 
person must have been employed in an underground mine for a minimum of 
one year within the past five years. For the purpose of mine rescue work 
only, miners who are employed on the surface but work regularly 
underground shall meet the experience requirement. The underground 
experience requirement is waived for those miners on a mine rescue team 
on the effective date of this rule.
    (d) Each operator shall arrange, in advance, ground transportation 
for rescue teams and equipment to the mine or mines served.
    (e) Upon the effective date of this part, the required rescue 
capability shall be present at all existing underground mines, upon 
initial excavation of a new underground mine entrance, or the re-opening 
of an existing underground mine.
    (f) Except where alternative compliance is permitted under Sec. 49.3 
or Sec. 49.4, no mine served by a mine rescue team shall be located more 
than two hours ground travel time from the mine rescue station with 
which the rescue team is associated.
    (g) As used in this part, mine rescue teams shall be considered 
available where teams are capable presenting themselves at the mine 
site(s) within a reasonable time after notification of an occurrence 
which might require their services. Rescue team members will be

[[Page 233]]

considered available even though performing regular work duties or in an 
off-duty capacity. The requirement that mine rescue teams be available 
shall not apply when teams are participating in mine rescue contests or 
providing services to another mine.
    (h) Each operator of an underground mine who provides rescue teams 
under this section shall send the District Manager a statement 
describing the mine's method of compliance with this part. The statement 
shall disclose whether the operator has independently provided mine 
rescue teams or entered into an agreement for the services of mine 
rescue teams. The name of the provider and the location of the services 
shall be included in the statement. A copy of the statement shall be 
posted at the mine for the miners' information. Where a miners' 
representative has been designated, the operator shall also provide the 
representative with a copy of the statement.



Sec. 49.3  Alternative mine rescue capability for small and remote mines.

    (a) If an underground mine is small and remote, an operator may 
provide for an alternative mine rescue capability. For the purposes of 
this part only, consideration for small and remote shall be given where 
the total underground employment of the operator's mine and any 
surrounding mine(s) within two hours ground travel time of the 
operator's mine is less than 36.
    (b) An application for alternative mine rescue capability shall be 
submitted to the District Manager for the district in which the mine is 
located for review and approval.
    (c) Each application for an alternative mine rescue capability shall 
contain:
    (1) The number of miners employed underground at the mine on each 
shift;
    (2) The distances from the two nearest mine rescue stations;
    (3) The total underground employment of mines within two hours 
ground travel time of the operator's mine;
    (4) The operator's mine fire, ground, and roof control history;
    (5) The operator's established escape and evacuation plan;
    (6) A statement by the operator evaluating the usefulness of 
additional refuge chambers to supplement those which may exist;
    (7) A statement by the operator as to the number of miners willing 
to serve on a mine rescue team;
    (8) The operator's alternative plan for assuring that a suitable 
mine rescue capability is provided at all times when miners are 
underground; and
    (9) Other relevant information about the operator's mine which may 
be requested by the District Manager.
    (d) A copy of the operator's application shall be posted at the 
mine. Where a miners' representative has been designated, the operator 
shall also provide the representative with a copy of the application.
    (e) In determining whether to approve an application for alternative 
compliance, the District Manager shall consider:
    (1) The individual circumstances of the small and remote mine;
    (2) Comments submitted by, or on behalf of, any affected miner; and
    (3) Whether the alternative mine rescue plan provides a suitable 
rescue capability at the operator's mine.
    (f) Where alternative compliance is approved by MSHA, the operator 
shall adopt the alternative plan and post a copy of the approved plan 
(with appropriate MSHA mine emergency telephone numbers) at the mine for 
the miners' information. Where a miners' representative has been 
designated, the operator shall also provide the representative with a 
copy of the approved plan.
    (g) The operator shall notify the District Manager of any changed 
condition or factor materially affecting information submitted in the 
application for alternative mine rescue capability.
    (h)(1) An approved plan for alternative mine rescue capability shall 
be subject to revocation or modification for cause by MSHA, where it is 
determined that a condition or factor has changed which would materially 
alter the operator's mine rescue capability. If such action is 
contemplated, the operator will be notified, and given an opportunity to 
be heard before the appropriate District Manager.
    (2) If an application for alternative compliance is denied or 
revoked, the

[[Page 234]]

District Manager shall provide the reason for such denial or revocation 
in writing to the operator. The operator may appeal this decision in 
writing to the Administrator for Coal Mine Safety and Health or the 
Administrator for Metal and Nonmetal Mine Safety and Health, as 
appropriate, 4015 Wilson Boulevard, Arlington, Virginia 22203.



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

    (a) If an underground mine is operating under special mining 
conditions, the operator may provide an alternative mine rescue 
capability.
    (b) An application for alternative mine rescue capability shall be 
submitted to the District Manager for the district in which the mine is 
located for review and approval.
    (c) To be considered ``operating under special mining conditions,'' 
the operator must show that all of the following conditions are present:
    (1) The mine has multiple adits or entries;
    (2) The mined substance is noncombustible and the mining atmosphere 
nonexplosive;
    (3) There are multiple vehicular openings to all active mine areas, 
sufficient to allow fire and rescue vehicles full access to all parts of 
the mine in which miners work or travel;
    (4) Roadways or other openings are not supported or lined with 
combustible materials;
    (5) The mine shall not have a history of flammable-gas emission or 
accumulation, and the mined substance shall not have a history 
associated with flammable or toxic gas problems; and
    (6) Any reported gas or oil well or exploratory drill hole shall be 
plugged to within 100 feet above and below the horizon of the ore body 
or seam.
    (d) Each application shall contain:
    (1) An explanation of the special mining conditions;
    (2) The number of miners employed underground at the mine on each 
shift;
    (3) The distances from the two nearest mine rescue stations;
    (4) The operator's mine fire history;
    (5) The operator's established escape and evacuation plan;
    (6) The operator's alternative plan for assuring that a suitable 
mine rescue capability is provided at all times when miners are 
underground; and
    (7) Other relevant information about the operator's mine which may 
be requested by the District Manager.
    (e) A copy of the operator's application shall be posted at the 
mine. Where a miners' representative has been designated, the operator 
shall also provide the representative with a copy of the application.
    (f) In determining whether to approve an application for alternative 
compliance, the District Manager shall consider:
    (1) The individual circumstances of the mine operating under special 
mining conditions;
    (2) Comments submitted by, or on behalf of, any affected miner; and
    (3) Whether the alternative mine rescue plan provides a suitable 
rescue capability at the operator's mine.
    (g) Where alternative compliance is approved by MSHA the operator 
shall adopt the alternative plan and post a copy of the approved plan 
(with appropriate MSHA mine emergency telephone numbers) at the mine for 
the miners' information. Where a miners' representative has been 
designated, the operator shall also provide the representative with a 
copy of the alternative plan.
    (h) The operator shall notify the District Manager of any changed 
condition or factor materially affecting information submitted in the 
application for alternative mine rescue capability.
    (i)(1) An approved plan for alternative mine rescue capability shall 
be subject be to revocation or modification by MSHA, where it is 
determined that a condition or factor has changed which would materially 
alter the operator's mine rescue capability. If such action is 
contemplated, the operator will be notified and given an opportunity to 
be heard before the appropriate District Manager.
    (2) If an application for alternative compliance is denied or 
revoked, the District Manager shall provide the reason for such denial 
or revocation in writing to the operator. The operator may appeal this 
decision in writing to the Administrator for Coal Mine Safety and Health 
or the Administrator for Metal and Nonmetal Mine Safety and

[[Page 235]]

Health, as appropriate, 4015 Wilson Boulevard, Arlington, Virginia 
22203.



Sec. 49.5  Mine rescue station.

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



Sec. 49.6  Equipment and maintenance requirements.

    (a) Each mine rescue station shall be provided with at least the 
following equipment:
    (1) Twelve self-contained oxygen breathing apparatus, each with a 
minimum of 2 hours capacity (approved by MSHA and NIOSH under 42 CFR 
part 84, subpart H), and any necessary equipment for testing such 
breathing apparatus;
    (2) A portable supply of liquid air, liquid oxygen, pressurized 
oxygen, oxygen generating or carbon dioxide absorbant chemicals, as 
applicable to the supplied breathing apparatus and sufficient to sustain 
each team for six hours while using the breathing apparatus during 
rescue operations;
    (3) One extra oxygen bottle (fully charged) for every six self-
contained compressed oxygen breathing apparatus;
    (4) One oxygen pump or a cascading system, compatible with the 
supplied breathing apparatus;
    (5) Twelve permissible cap lamps and a charging rack;
    (6) Two gas detectors appropriate for each type of gas which may be 
encountered at the mines served;
    (7) Two oxygen indicators or two flame safety lamps;
    (8) One portable mine rescue communication system (approved under 
part 23 of this title) or a sound-powered communication system. The 
wires or cable to the communication system shall be of sufficient 
tensile strength to be used as a manual communication system. These 
communication systems shall be at least 1,000 feet in length; and
    (9) Necessary spare parts and tools for repairing the breathing 
apparatus and communication system.
    (b) Mine rescue apparatus and equipment shall be maintained in a 
manner that will ensure readiness for immediate use. A person trained in 
the use and care of breathing apparatus shall inspect and test the 
apparatus at intervals not exceeding 30 days and shall certify by 
signature and date that the inspections and tests were done. When the 
inspection indicates that a corrective action is necessary, the 
corrective action shall be made and the person shall record the 
corrective action taken. The certification and the record of corrective 
action shall be maintained at the mine rescue station for a period of 
one year and made available on request to an authorized representative 
of the Secretary.

[45 FR 47002, July 11, 1980, as amended at 56 FR 1478, Jan. 14, 1991; 60 
FR 30400, June 8, 1995]



Sec. 49.7  Physical requirements for mine rescue team.

    (a) Each member of a mine rescue team shall be examined annually by 
a physician who shall certify that each person is physically fit to 
perform mine rescue and recovery work for prolonged periods under 
strenuous conditions. The first such physical examination shall be 
completed within 60 days prior to scheduled initial training. A team 
member requiring corrective eyeglasses will not be disqualified provided 
the eyeglasses can be worn securely within an approved facepiece.
    (b) In determining whether a miner is physically capable of 
performing mine rescue duties, the physician shall take the following 
conditions into consideration:
    (1) Seizure disorder;
    (2) Perforated eardrum;

[[Page 236]]

    (3) Hearing loss without a hearing aid greater than 40 decibels at 
400, 1,000 and 2,000 Hz;
    (4) Repeated blood pressure (controlled or uncontrolled by 
medication) reading which exceeds 160 systolic, or 100 diastolic, or 
which is less than 105 systolic, or 60 diastolic;
    (5) Distant visual acuity (without glasses) less than 20/50 Snellen 
scale in one eye, and 20/70 in the other;
    (6) Heart disease;
    (7) Hernia;
    (8) Absence of a limb or hand; or
    (9) Any other condition which the examining physician determines is 
relevant to the question of whether the miner is fit for rescue team 
service;
    (c) The operator shall have MSHA Form 5000-3 certifying medical 
fitness completed and signed by the examining physician for each member 
of a mine rescue team. These forms shall be kept on file at the mine 
rescue station for a period of one year.



Sec. 49.8  Training for mine rescue teams.

    (a) Prior to serving on a mine rescue team each member shall 
complete, at a minimum, an initial 20-hour course of instruction as 
prescribed by MSHA's Office of Educational Policy and Development, in 
the use, care, and maintenance of the type of breathing apparatus which 
will be used by the mine rescue team. The initial training requirement 
is waived for those miners on a mine rescue team on the effective date 
of this rule.
    (b) Upon completion of the initial training, all team members shall 
receive at least 40 hours of refresher training annually. This training 
shall be given at least 4 hours each month, or for a period of 8 hours 
every two months. This training shall include:
    (1) Sessions underground at least once each 6 months;
    (2) The wearing and use of the breathing apparatus by team members 
for a period of at least two hours while under oxygen every two months;
    (3) Where applicable, the use, care, capabilities, and limitations 
of auxiliary mine rescue equipment, or a different breathing apparatus;
    (4) Advanced mine rescue training and procedures; as prescribed by 
MSHA's Office of Educational Policy and Development; and
    (5) Mine map training and ventilation procedures.
    (c) A mine rescue team member will be ineligible to serve on a team 
if more than 8 hours of training is missed during one year, unless 
additional training is received to make up for the time missed.
    (d) The training courses required by this section shall be conducted 
by instructors who have been employed in an underground mine for a 
minimum of one year within the past five years, and who have received 
MSHA approval through:
    (1) Completion of an MSHA or State approved instructor's training 
course and the program of instruction in the subject matter to be 
taught.
    (2) Designation by the District Manager as approved instructors to 
teach specific courses, based on their qualifications and teaching 
experience. Previously approved instructors need not be re-designated to 
teach the approved courses as long as they have taught those courses 
within the 24 months prior to the effective date of this part. Where 
individuals are designated, the District Manager may waive the 
underground experience requirement.
    (e) The District Manager may revoke an instructor's approval for 
good cause. A written statement revoking the approval together with 
reasons for revocation shall be provided the instructor. The affected 
instructor may appeal the decision of the District Manager by writing to 
the Administrator for Coal Safety and Health or Administrator for a 
Metal and Non-Metal Safety and Health, as appropriate, MSHA, 4015 Wilson 
Boulevard, Arlington, Virginia 22203. The Administrator shall issue a 
decision on the appeal.
    (f) Upon request from the District Manager, the operator shall 
provide information concerning the schedule of upcoming training.
    (g) A record of training of each team member shall be on file at the 
mine rescue station for a period of one year.

[45 FR 47002, July 11, 1980, as amended at 47 FR 23641, May 28, 1982; 47 
FR 28095, June 29, 1982]

[[Page 237]]



Sec. 49.9  Mine emergency notification plan.

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



Sec. 49.10  Effective date.

    All provisions and requirements of this part shall become effective 
on July 11, 1981.

[[Page 238]]



                       SUBCHAPTERS I-L [RESERVED]





SUBCHAPTER M--ACCIDENTS, INJURIES, ILLNESSES, EMPLOYMENT, AND PRODUCTION 
                                IN MINES





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




                           Subpart A--General

Sec.
50.1  Purpose and scope.
50.2  Definitions.

    Subpart B--Notification, Investigation, Preservation of Evidence

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

       Subpart C--Reporting of Accidents, Injuries, and Illnesses

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

       Subpart D--Quarterly Employment and Coal Production Report

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

     Subpart E--Maintenance of Records; Verification of Information

50.40  Maintenance of records.
50.41  Verification of reports.

    Authority: 29 U.S.C. 577a; 30 U.S.C. 951, 957, 961.

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



                           Subpart A--General



Sec. 50.1  Purpose and scope.

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

                        IR=no. of cases x 200,000

                       hours of employee exposure

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

[[Page 239]]

                        SM=sum of days x 200,000

                       hours of employee exposure

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



Sec. 50.2  Definitions.

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

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



    Subpart B--Notification, Investigation, Preservation of Evidence



Sec. 50.10  Immediate notification.

    If an accident occurs, an operator shall immediately contact the 
MSHA

[[Page 240]]

District or Subdistrict Office having jurisdiction over its mine. If an 
operator cannot contact the appropriate MSHA District or Subdistrict 
Office, it shall immediately contact the MSHA Headquarters Office in 
Arlington, Virginia by telephone, at (800) 746-1553.

[58 FR 63528, Dec. 2, 1993]



Sec. 50.11  Investigation.

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



Sec. 50.12  Preservation of evidence.

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

[42 FR 65535, Dec. 30, 1977; 43 FR 1617, Jan. 11, 1978]



       Subpart C--Reporting of Accidents, Injuries, and Illnesses



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

    (a) Each operator shall maintain at the mine office a supply of MSHA 
Mine Accident, Injury, and Illness Report Form 7000-1. These may be 
obtained from MSHA Metal and Nonmetal Mine Safety and Health District 
Offices and from MSHA Coal Mine Safety and Health Subdistrict Offices. 
Each operator shall report each accident, occupational injury, or 
occupational illness at the mine. The principal officer in charge of 
health and safety at the mine or the supervisor of the mine area in 
which an accident or occupational injury occurs, or an occupational 
illness may have originated, shall complete or review the form in 
accordance with the instructions and criteria in Secs. 50.20-1 through 
50.20-7. If an occupational illness is diagnosed as being one of those 
listed in Sec. 50.20-6(b)(7), the operator must report it under this 
part. The operator shall mail completed forms to MSHA within ten working 
days after an accident or occupational injury occurs or an occupational 
illness is diagnosed. When an accident specified in Sec. 50.10 occurs, 
which does not involve an occupational injury, sections A, B, and items 
5 through 11 of section C of Form 7000-1 shall be completed and mailed 
to MSHA in accordance with the instructions in Sec. 50.20-1 and criteria 
contained in Secs. 50.20-4 through 50.20-6.

[[Page 241]]

    (b) Each operator shall report each occupational injury or 
occupational illness on one set of forms. If more than one miner is 
injured in the same accident or is affected simultaneously with the same 
occupational illness, an operator shall complete a separate set of forms 
for each miner affected. To the extent that the form is not self-
explanatory, an operator shall complete the form in accordance with the 
instructions in Sec. 50.20-1 and criteria contained in Secs. 50.20-2 
through 50.20-7.

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

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



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

    Each Form 7000-1 consists of four sheets, an original and three 
copies. The original form shall be mailed to: Denver Safety and Health 
Technology Center, P.O. Box 25367, Denver Federal Center, Denver, Colo. 
80225, within ten working days after an accident, occupational injury or 
occupational illness. At the same time, the first copy shall be mailed 
to the appropriate local MSHA Mine Health and Safety District or 
Subdistrict office. If the first copy does not contain a completed 
Section D--Return to Duty Information--the second copy shall be retained 
by the operator until the miner returns to work or a final disposition 
is made respecting the miner. When the miner returns to work or a final 
disposition is made, the operator shall, within five days, complete 
Section D and mail the second copy to Denver Safety and Health 
Technology Center. A third copy, containing all the information in the 
first and second copies shall be retained at the mine office closest to 
the mine for a period of five years.

[42 FR 65535, Dec. 30, 1977; 43 FR 1617, Jan. 11, 1978; 60 FR 35695, 
July 11, 1995]



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

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



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

    (a) Medical treatment includes, but is not limited to, the suturing 
of any wound, treatment of fractures, application of a cast or other 
professional means of immobilizing an injured part of the body, 
treatment of infection arising out of an injury, treatment of bruise by 
the drainage of blood, surgical removal of dead or damaged skin 
(debridement), amputation or permanent loss of use of any part of the 
body, treatment of second and third degree burns. Procedures which are 
diagnostic in nature are not considered by themselves to constitute 
medical treatments. Visits to a physician, physical examinations, X-ray 
examinations, and hospitalization for observations, where no evidence of 
injury or illness is found and no medical treatment given, do not in 
themselves constitute medical treatment. Procedures which are preventive 
in nature also are not considered by themselves to constitute medical 
treatment. Tetanus and flu shots are considered preventative in nature. 
First aid includes any one-time treatment, and follow-up visit for the 
purpose of observation, of minor injuries such as, cuts, scratches, 
first degree burns and splinters. Ointments, salves, antiseptics, and 
dressings to minor injuries are considered to be first aid.
    (1) Abrasion. (i) First aid treatment is limited to cleaning a 
wound, soaking, applying antiseptic and nonprescription medication and 
bandages on the first visit and follow-up visits limited to observation 
including changing dressing and bandages. Additional cleaning and 
application of antiseptic constitutes first aid where it is required by 
work duties that soil the bandage.

[[Page 242]]

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

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



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

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

[[Page 243]]



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

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

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



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

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

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

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

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

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

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

    (2) Item 6. Date of accident injury or illness. Enter the date the 
accident injury or illness occurred.
    (3) Item 9. Describe fully the conditions contributing to the 
accident injury or illness and quantify the damage or impairment. 
Describe what happened and the reasons therefor, identify the factors 
which led or contributed to the accident, injury or illness

[[Page 244]]

and identify any damage or impairment to the mining operation. The 
narrative shall clearly specify the actual cause or causes of the 
accident injury or illness and shall include the following:
    (i) Whether the accident injury or illness involved any aspect of 
compliance with rules and regulations;
    (ii) Whether the accident injury or illness involved mine equipment 
or the mining system;
    (iii) Whether the accident injury or illness involved job skills and 
miner proficiency, training and attitude; and
    (iv) Whether the accident injury or illness involved protective 
items relating to clothing, or protective devices on equipment.
    (4) Item 10. If equipment was involved in the accident, injury or 
illness specify type (loader, shuttle car, dozer, etc.), name of 
manufacturer, and equipment model number.
    (5) Item 11. Name of witness to accident injury or illness. If any 
miner witnessed the accident injury or illness, enter the name.
    (b) Complete items 13-27 for each occupational injury, or 
occupational illness.
    (1) Item 13. Name of injured/ill miner. Enter the miner's name 
(first, middle initial, and last).
    (2) Item 17. Regular job title. Enter the miner's regular job title. 
For example: ``shuttle car operator''.
    (3) Item 19. Check if this injury/illness resulted in permanent 
total or partial disability.
    (i) ``Permanent total disability.'' The classification for any 
injury or illness other than death which permanently and totally 
incapacitates an employee from following any gainful occupation or which 
results in the loss, or the complete loss of use, of any of the 
following in one accident injury or illness:
    (A) Both eyes;
    (B) One eye and one hand, or arm, or leg, or foot;
    (C) Any two of the following not on the same limb: hand, arm, foot, 
or leg.
    (ii) ``Permanent partial disability.'' The classification for any 
injury or illness other than death or permanent total disability which 
results in the loss, or complete loss of use, of any member or part of a 
member of the body, or any permanent impairment of functions of the body 
or part thereof, regardless of any preexisting disability of the 
affected member or impaired body function.
    (4) Item 20. What directly inflicted injury or illness. Name the 
object or substance which directly affected the miner. For example: the 
machine or thing struck against or which struck the miner; the vapor or 
poison inhaled or swallowed; the chemical or non-ionizing radiation 
which irritated the skin; or in cases of strains or hernias, the thing 
lifted or pulled.
    (5) Item 21. Nature of injury or illness. For injuries, use commonly 
used medical terms to answer this question such as puncture wound, third 
degree burn, fracture, dislocation, amputation. For multiple injuries, 
enter the injury which was the most serious. For illness, name the 
illness, such as pneumoconiosis, silicosis. Avoid general terms such as 
``hurt'', ``sore'', ``sick''.
    (6) Item 22. Part of body injured or affected. Name the part of the 
body with the most serious injury. For example, if an injured employee 
has a bruised finger and a broken ankle, write ``ankle''. If amputation, 
enter part of the body lost.
    (7) Item 23. Occupational Illness. Circle the code from the list 
below which most accurately describes the illness. These are typical 
examples and are not to be considered the complete listing of the types 
of illnesses and disorders that should be included under each category. 
In cases where the time of onset of illness is in doubt, the day of 
diagnosis of illness will be considered as the first day of illness.
    (i) Code 21--Occupational Skin Diseases or Disorders. Examples: 
Contact dermatitis, eczema, or rash caused by primary irritants and 
sensitizers or poisonous plants; oil acne; chrome ulcers; chemical burns 
or inflammations.
    (ii) Code 22--Dust Disease of the Lungs (Pneumoconioses). Examples: 
Silicosis, asbestosis, coal worker's pneumoconiosis, and other 
pneumoconioses.
    (iii) Code 23--Respiratory Conditions due to Toxic Agents. Examples: 
Pneumonitis, pharyngitis, rhinitis, or acute congestion due to 
chemicals, dusts, gases, or fumes.

[[Page 245]]

    (iv) Code 24--Poisoning (Systemic Effects of Toxic Materials). 
Examples: Poisoning by lead, mercury, cadmium, arsenic, or other metals, 
poisoning by carbon monoxide, hydrogen sulfide or other gases; poisoning 
by benzol, carbon tetrachloride, or other organic solvents; poisoning by 
insecticide sprays such as parathion, lead arsenate; poisoning by other 
chemicals such as formaldehyde, plastics and resins.
    (v) Code 25--Disorders Due to Physical Agents (Other than Toxic 
Materials). Examples: Heatstroke, sunstroke, heat exhaustion and other 
effects of environmental heat; freezing, frostbite and effects of 
exposure to low temperatures; caisson disease; effects of ionizing 
radiation (radon daughters, non-medical, non-therapeutic X-rays, 
radium); effects of nonionizing radiation (welding flash, ulta-violet 
rays, micro-waves, sunburn).
    (vi) Code 26--Disorders Associated with Repeated Trauma. Examples: 
Noise-induced hearing loss; synovitis, tenosynovitis, and bursitis; 
Raynaud's phenomena; and other conditions due to repeated motion, 
vibration or pressure.
    (vii) Code 29--All Other Occupational Illnesses. Examples: 
Infectious hepatitis, malignant and benign tumors, any form of cancer, 
kidney diseases, food poisoning, histoplasmosis.
    (8) Item 24. Miner's work activity when injury or illness occurred. 
Describe exactly the activity of the injured miner when the occupational 
injury or occupational illness occurred. For example: ``Setting 
temporary support prior to drilling holes for roof bolts.''

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

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



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

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

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

[[Page 246]]

longer, the Days of Restricted Work Activity will stop; or
    (iii) The miner is terminated or leaves the mine. (Termination shall 
also be reported under Item 28, Permanently Transferred or Terminated).



       Subpart D--Quarterly Employment and Coal Production Report



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

    (a) Each operator of a mine in which an individual worked during any 
day of a calendar quarter shall complete a MSHA Form 7000-2 in 
accordance with the instructions and criteria in Sec. 50.30-1 and submit 
the original to the Denver Safety and Health Technology Center, P.O. Box 
25367, Denver Federal Center, Denver, Colo. 80225, within 15 days after 
the end of each calendar quarter. These forms may be obtained from MSHA 
Metal and Nonmetal Mine Safety and Health District Offices and from MSHA 
Coal Mine Health and Safety Subdistrict Offices. Each operator shall 
retain an operator's copy at the mine office nearest the mine for 5 
years after the submission date.
    (b) Each operator of a coal mine in which an individual worked 
during any day of a calendar quarter shall report coal production on 
Form 7000-2.

[42 FR 65535, Dec. 30, 1977, as amended at 60 FR 35695, July 11, 1995]



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

    (a) MSHA I.D. Number is the 7-digit number assigned to the mine 
operation by MSHA. Any questions regarding the appropriate I.D. number 
to use should be directed to your local MSHA Health and Safety District 
or Subdistrict Office.
    (b) Calendar Quarter: First quarter is January, February, and March. 
Second quarter is April, May, and June. Third quarter is July, August, 
and September. Fourth quarter is October, November, and December.
    (c) County is the name of the county, borough, or independent city 
in which the operation is located.
    (d) Operation Name is the specific name of the mine or plant to 
which the MSHA I.D. number was assigned and for which the quarterly 
employment report is being submitted.
    (e) Company Name is the name of the operating company that this 
report pertains to.
    (f) Mailing Address is the address of the mine office where the 
quarterly employment report is to be retained. This should be as near 
the operation as possible.
    (g) Employment, Employee Hours, and Coal Production--(1) Operation 
Sub-Unit: (i) Underground Mine: Report data for your underground workers 
on the first line. If you have personnel working at the surface of your 
underground mine, report data for those persons on the second line;
    (ii) Surface Mine (Including Shops and Yards): Report on the 
appropriate line, employment and coal production for the mining 
operation. For surface mining sub-units 03, 04, 05 and 06, include all 
work associated with shops and yards;
    (iii) Mill Operations, Preparation Plants, Breakers: Report data on 
all persons employed at your milling (crushing, sizing, grinding, 
concentrating, etc.) operation, preparation plant, or breaker, including 
those working in associated shops and yards. (Do not include personnel 
reported in shops and yards associated with other sub-units.);
    (iv) Office: Include in this category employees who work principally 
at the mine or preparation facility office.
    (2) Average number of persons working during quarter: Show the 
average number of employees on the payroll during all active periods in 
the quarter. Include all classes of employees (supervisory, 
professional, technical proprietors, owners, operators, partners, and 
service personnel) on your payroll, full or part-time, Report Each 
Employee Under One Activity Only. For example: If one or more persons 
work both in the mine and the mill, report these employees under the 
activity where they spend most of their time. If necessary, estimate for 
the major activity. The average number may be computed by adding 
together the number of employees working during each pay period and then 
dividing by the number of pay periods. Do not include pay periods where

[[Page 247]]

no one worked. For example, during the quarter you had 5 pay periods 
where employees worked. The number of employees in each pay period was 
10, 12, 13, 14 and 15 respectively. To compute the average, add the 
number of employees working each pay period (10+12+13+14+15=64). Then 
divide by the number of pay periods (64 divided by 5=12.8). Rounding 
this to the nearest whole number, we get 13 as the average number of 
persons working.
    (3) Total employee-hours worked during the quarter: Show the total 
hours worked by all employees during the quarter covered. Include all 
time where the employee was actually on duty, but exclude vacation, 
holiday, sick leave, and all other off-duty time, even though paid for. 
Make certain that each overtime hour is reported as one hour, and not as 
the overtime pay multiple for an hour of work. The hours reported should 
be obtained from payroll or other time records. If actual hours are not 
available, they may be estimated on the basis of scheduled hours. Make 
certain not to include hours paid but not worked.
    (4) Production of clean coal (short tons): This section is to be 
compiled only by operators of underground or surface mines, but not by 
operators of central or independent coal preparation plants or operators 
of metal or nonmetal mines. Enter the total production of clean coal 
from the mine. This must include coal shipped from the mine and coal 
used for fuel at the mine, but exclude refuse and coal produced at 
another mine and purchased for use at the mine.
    (h) Other Reportable Data. Indicate the number of reportable 
injuries or illnesses occurring at your operation during the quarter 
covered by this report. Show the name, title, and telephone number of 
the person to be contacted regarding this report, and show the date that 
this report was completed.



     Subpart E--Maintenance of Records; Verification of Information



Sec. 50.40  Maintenance of records.

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

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



Sec. 50.41  Verification of reports.

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

[[Page 248]]



         SUBCHAPTER N--METAL AND NONMETAL MINE SAFETY AND HEALTH





PART 56--SAFETY AND HEALTH STANDARDS--SURFACE METAL AND NONMETAL MINES--Table of Contents




                           Subpart A--General

Sec.
56.1  Purpose and scope.
56.2  Definitions.

                               Procedures

56.1000  Notification of commencement of operations and closing of 
          mines.

                        Subpart B--Ground Control

56.3000  Definitions.

                             Mining Methods

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

                           Scaling and Support

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

                               Precautions

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

                 Subpart C--Fire Prevention and Control

56.4000  Definitions.
56.4011  Abandoned electric circuits.

                  Prohibitions/Precautions/Housekeeping

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

                         Firefighting Equipment

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

                  Firefighting Procedures/Alarms/Drills

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

               Flammable and Combustible Liquids and Gases

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

                  Installation/Construction/Maintenance

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

                    Welding/Cutting/Compressed Gases

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

          Appendix I to subpart C--National Consensus Standards

               Subpart D--Air Quality and Physical Agents

                               Air Quality

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

                             Physical Agents

56.5050  Exposure limits for noise.

                          Subpart E--Explosives

56.6000  Definitions.

                                 Storage

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

[[Page 249]]

                             Transportation

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

                                   Use

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

                            Electric Blasting

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

                          Nonelectric Blasting

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

                         Extraneous Electricity

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

                             Equipment/Tools

56.6700  Nonsparking tools.
56.6701  Tamping and loading pole requirements.

                               Maintenance

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

                          General Requirements

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

               Subpart F--Drilling and Rotary Jet Piercing

                                Drilling

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

                           Rotary Jet Piercing

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

                          Subpart G [Reserved]

                Subpart H--Loading, Hauling, and Dumping

56.9000  Definitions.

                             Traffic Safety

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

                 Transportation of Persons and Materials

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

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

56.9300  Berms or guardrails.
56.9301  Dump site restraints.
56.9302  Protection against moving or runaway railroad equipment.

[[Page 250]]

56.9303  Construction of ramps and dumping facilities.
56.9304  Unstable ground.
56.9305  Truck spotters.
56.9306  Warning devices for restricted clearances.
56.9307  Design, installation, and maintenance of railroads.
56.9308  Switch throws.
56.9309  Chute design.
56.9310  Chute hazards.
56.9311  Anchoring stationary sizing devices.
56.9312  Working around drawholes.
56.9313  Roadway maintenance.
56.9314  Trimming stockpile and muckpile faces.
56.9315  Dust control.
56.9316  Notifying the equipment operator.
56.9317  Suspended loads.
56.9318  Getting on or off moving equipment.
56.9319  Going over, under, or between railcars.
56.9330  Clearance for surface equipment.

                       Subpart I--Aerial Tramways

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

                          Subpart J--Travelways

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

                         Subpart K--Electricity

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

[[Page 251]]

                  Subpart L--Compressed Air and Boilers

56.13001  General requirements for boilers and pressure vessels.
56.13010  Reciprocating-type air compressors.
56.13011  Air receiver tanks.
56.13012  Compressor air intakes.
56.13015  Inspection of compressed-air receivers and other unfired 
          pressure vessels.
56.13017  Compressor discharge pipes.
56.13019  Pressure system repairs.
56.13020  Use of compressed air.
56.13021  High-pressure hose connections.
56.13030  Boilers.

                   Subpart M--Machinery and Equipment

56.14000  Definitions.

               Safety Devices and Maintenance Requirements

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

               Safety Practices and Operational Procedures

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

Appendix I to Subpart M--National Consensus Standards

                     Subpart N--Personal Protection

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

                Subpart O--Materials Storage and Handling

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

                         Subpart P--Illumination

56.17001  Illumination of surface working areas.

                       Subpart Q--Safety Programs

56.18002  Examination of working places.
56.18006  New employees.
56.18009  Designation of person in charge.
56.18010  First aid.
56.18012  Emergency telephone numbers.
56.18013  Emergency communications system.

[[Page 252]]

56.18014  Emergency medical assistance and transportation.
56.18020  Working alone.

                      Subpart R--Personnel Hoisting

56.19000  Application.

                                 Hoists

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

                               Wire Ropes

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

                         Headframes and Sheaves

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

                               Conveyances

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

                           Hoisting Procedures

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

                                Signaling

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

                                 Shafts

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

                       Inspection and Maintenance

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

[[Page 253]]

56.19135  Rollers in inclined shafts.

                        Subpart S--Miscellaneous

56.20001  Intoxicating beverages and narcotics.
56.20002  Potable water.
56.20003  Housekeeping.
56.20005  Carbon tetrachloride.
56.20008  Toilet facilities.
56.20009  Tests for explosive dusts.
56.20010  Retaining dams.
56.20011  Barricades and warning signs.
56.20012  Labeling of toxic material.
56.20013  Waste receptacles.
56.20014  Prohibited areas for food and beverages.

    Authority: 30 U.S.C. 811.

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



                           Subpart A--General



Sec. 56.1  Purpose and scope.

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



Sec. 56.2  Definitions.

    The following definitions apply in this part, except in any subpart 
preceded by a separate set of definitions:
    American Table of Distances means the current edition of ``The 
American Table of Distances for Storage of Explosives'' published by the 
Institute of Makers of Explosives.
    Approved means tested and accepted for a specific purpose by a 
nationally recognized agency.
    Authorized person means a person approved or assigned by mine 
management to perform a specific type of duty or duties or to be at a 
specific location or locations in the mine.
    Barricaded means obstructed to prevent the passage of persons, 
vehicles, or flying materials.
    Blasting agent means any substance classified as a blasting agent by 
the Department of Transportation in 49 CFR 173.114a (44 FR 31182, May 
31, 1979) which is incorporated by reference. This document is available 
for inspection at each Metal and Nonmetal Safety and Health District 
Office of the Mine Safety and Health Administration, and may be obtained 
from the U.S. Government Printing Office, Washington, DC 20402.
    Blasting area means the area near blasting operations in which 
concussion or flying material can reasonably be expected to cause 
injury.
    Blasting cap means a detonator which is initiated by a safety fuse.
    Blasting circuit means the electrical circuit used to fire one or 
more electric blasting caps.
    Blasting switch means a switch used to connect a power source to a 
blasting circuit.
    Booster means any unit of explosive or blasting agent used for the 
purpose of perpetuating or intensifying an initial detonation.
    Capped fuse means a length of safety fuse to which a blasting cap 
has been attached.
    Capped primer means a package or cartridge of explosives which is 
specifically designed to transmit detonation to other explosives and 
which contains a detonator.
    Circuit breaker means a device designed to open and close a circuit 
by nonautomatic means and to open the circuit automatically on a 
predetermined overcurrent setting without injury to itself when properly 
applied within its rating.
    Combustible means capable of being ignited and consumed by fire.
    Company official means a member of the company supervisory or 
technical staff.
    Competent person means a person having abilities and experience that 
fully qualify him to perform the duty to which he is assigned.
    Conductor means a material, usually in the form of a wire, cable, or 
bus bar, capable of carrying an electric current.
    Delay connector means a non-electric short interval delay device for 
use in delaying blasts which are initiated by detonating cord.
    Detonating cord means a flexible cord containing a solid core of 
high explosives.
    Detonator means any device containing a detonating charge that is

[[Page 254]]

used to initiate an explosive and includes but is not limited to 
blasting caps, electric blasting caps and non-electric instantaneous or 
delay blasting caps.
    Distribution box means a portable apparatus with an enclosure 
through which an electric circuit is carried to one or more cables from 
a single incoming feed line, each cable circuit being connected through 
individual overcurrent protective devices.
    Electric blasting cap means a detonator designed for and capable of 
being initiated by means of an electric current.
    Electrical grounding means to connect with the ground to make the 
earth part of the circuit.
    Employee means a person who works for wages or salary in the service 
of an employer.
    Employer means a person or organization which hires one or more 
persons to work for wages or salary.
    Explosive means any substance classified as an explosive by the 
Department of Transportation in 49 CFR 173.53, 173.88 and 173.100 which 
are incorporated by reference. Title 49 CFR is available for inspection 
at each Metal and Nonmetal Mine Safety and Health District Office of the 
Mine Safety and Health Administration, and may be obtained from the U.S. 
Government Printing Office, Washington, DC 20402.
    Face or bank means that part of any mine where excavating is 
progressing or was last done.
    Flammable means capable of being easily ignited and of burning 
rapidly.
    Flash point means the minimum temperature at which sufficient vapor 
is released by a liquid or solid to form a flammable vapor-air mixture 
at atmospheric pressure.
    Highway means any public street, public alley, or public road.
    High potential means more than 650 volts.
    Hoist means a power driven windlass or drum used for raising ore, 
rock, or other material from a mine, and for lowering or raising persons 
and material.
    Igniter cord means a fuse, cordlike in appearance, which burns 
progressively along its length with an external flame at the zone of 
burning, and is used for lighting a series of safety fuses in the 
desired sequence.
    Insulated means separated from other conducting surfaces by a 
dielectric substance permanently offering a high resistance to the 
passage of current and to disruptive discharge through the substance. 
When any substance is said to be insulated, it is understood to be 
insulated in a manner suitable for the conditions to which it is 
subjected. Otherwise, it is, within the purpose of this definition, 
uninsulated. Insulating covering is one means for making the conductor 
insulated.
    Insulation means a dielectric substance offering a high resistance 
to the passage of current and to a disruptive discharge through the 
substance.
    Lay means the distance parallel to the axis of the rope in which a 
strand makes one complete turn about the axis of the rope.
    Low potential means 650 volts or less.
    Magazine means a facility for the storage of explosives, blasting 
agents, or detonators.
    Major electrical installation means an assemblage of stationary 
electrical equipment for the generation, transmission, distribution, or 
conversion of electrical power.
    Mantrip means a trip on which persons are transported to and from a 
work area.
    Mill includes any ore mill, sampling works, concentrator, and any 
crushing, grinding, or screening plant used at, and in connection with, 
an excavation or mine.
    Misfire means the complete or partial failure of a blasting charge 
to explode as planned.
    Multipurpose dry-chemical fire extinguisher means a listed or 
approved multipurpose dry-chemical fire extinguisher having a minimum 
rating of 2-A:10-B:C, by Underwriters Laboratories, Inc., and containing 
a minimum of 4.5 pounds of dry-chemical agent.
    Non-electric delay blasting cap means a detonator with an integral 
delay element and capable of being initiated by miniaturized detonating 
cord.
    Overburden means material of any nature, consolidated or 
unconsolidated, that overlies a deposit of useful materials or ores that 
are to be mined.

[[Page 255]]

    Overload means that current which will cause an excessive or 
dangerous temperature in the conductor or conductor insulation.
    Permissible means a machine, material, apparatus, or device that has 
been investigated, tested, and approved by the Bureau of Mines or the 
Mine Safety and Health Administration and maintained in permissible 
condition.
    Potable water means water which shall meet the applicable minimum 
health requirements for drinking water established by the State or 
community in which the mine is located or by the Environmental 
Protection Agency in 40 CFR part 141, pages 169-182 revised as of July 
1, 1977. Where no such requirements are applicable, the drinking water 
provided shall conform with the Public Health Service Drinking Water 
Standards, 42 CFR part 72, subpart J, pages 527-533, revised as of 
October 1, 1976. Publications to which references are made in this 
definition are hereby made a part hereof. These incorporated 
publications are available for inspection at each Metal and Nonmetal 
Mine Safety and Health District Office of the Mine Safety and Health 
Administration.
    Powder chest means a substantial, nonconductive portable container 
equipped with a lid and used at blasting sites for explosives other than 
blasting agents.
    Primer means a unit, package, or cartridge of explosives used to 
initate other explosives or blasting agents, and which contains a 
detonator.
    Reverse-current protection means a method or device used on direct-
current circuits or equipment to prevent the flow of current in the 
reverse direction.
    Roll protection means a framework, safety canopy or similar 
protection for the operator when equipment overturns.
    Safety can means an approved container, of not over five gallons 
capacity, having a spring-closing lid and spout cover.
    Safety fuse means a flexible cord containing an internal burning 
medium by which fire is conveyed at a continuous and uniform rate for 
the purpose of firing blasting caps or a black powder charge.
    Safety switch means a sectionalizing switch that also provides shunt 
protection in blasting circuits between the blasting switch and the shot 
area.
    Scaling means removal of insecure material from a face or high-wall.
    Secondary safety connection means a second connection between a 
conveyance and rope, intended to prevent the conveyance from running 
away or falling in the event the primary connection fails.
    Shaft means a vertical or inclined shaft, a slope, incline or winze.
    Short circuit means an abnormal connection of relatively low 
resistance, whether made accidentally or intentionally, between two 
points of different potential in a circuit.
    Slurry (as applied to blasting). See ``Water gel.''
    Stray current means that portion of a total electric current that 
flows through paths other than the intended circuit.
    Substantial construction means construction of such strength, 
material, and workmanship that the object will withstand all reasonable 
shock, wear, and usage, to which it will be subjected.
    Suitable means that which fits, and has the qualities or 
qualifications to meet a given purpose, occasion, condition, function, 
or circumstance.
    Travelway means a passage, walk or way regularly used and designated 
for persons to go from one place to another.
    Water gel or Slurry (as applied to blasting) means an explosive or 
blasting agent containing substantial portions of water.
    Wet drilling means the continuous application of water through the 
central hole of hollow drill steel to the bottom of the drill hole.
    Working place means any place in or about a mine where work is being 
performed.

[50 FR 4054, Jan. 29, 1985; as amended at 53 FR 32520, Aug. 25, 1988; 60 
FR 35695, July 11, 1995]

[[Page 256]]

                               Procedures



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

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

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



                        Subpart B--Ground Control

    Authority: 30 U.S.C. 811

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



Sec. 56.3000  Definitions.

    The following definitions apply in this subpart.
    Rock fixture. Any tensioned or nontensioned device or material 
inserted into the ground to strengthen or support the ground.
    Travelway. A passage, walk, or way regularly used or designated for 
persons to go from one place to another.

                             Mining Methods



Sec. 56.3130  Wall, bank, and slope stability.

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



Sec. 56.3131  Pit or quarry wall perimeter.

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

                           Scaling and Support



Sec. 56.3200  Correction of hazardous conditions.

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



Sec. 56.3201  Location for performing scaling.

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



Sec. 56.3202  Scaling tools.

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



Sec. 56.3203  Rock fixtures.

    (a) For rock bolts and accessories addressed in ASTM F432-95, 
``Standard Specification for Roof and Rock Bolts and Accessories,'' the 
mine operator shall--
    (1) Obtain a manufacturer's certification that the material was 
manufactured and tested in accordance with the specifications of ASTM 
F432-95; and
    (2) Make this certification available to an authorized 
representative of the Secretary and to the representative of miners.

[[Page 257]]

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

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

                               Precautions



Sec. 56.3400  Secondary breakage.

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



Sec. 56.3401  Examination of ground conditions.

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



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

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



                 Subpart C--Fire Prevention and Control

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

[[Page 258]]



Sec. 56.4000  Definitions.

    The following definitions apply in this subpart.
    Combustible liquids. Liquids having a flash point at or above 100 
deg. F (37.8  deg. C). They are divided into the following classes:
    Class II liquids--those having flash points at or above 100  deg. F 
(37.8  deg. C) and below 140  deg. F (60  deg. C).
    Class IIIA liquids--those having flash points at or above 140  deg. 
F (60  deg. C) and below 200  deg. F (93.4  deg. C).
    Class IIIB liquids--those having flash points at or above 200  deg. 
F (93.4  deg. C).
    Combustible material. A material that, in the form in which it is 
used and under the conditions anticipated, will ignite, burn, support 
combustion, or release flammable vapors when subjected to fire or heat. 
Wood, paper, rubber, and plastics are examples of combustible materials.
    Fire resistance rating. The time, in minutes or hours, that an 
assembly of materials will retain its protective characteristics or 
structural integrity upon exposure to fire.
    Flammable gas. A gas that will burn in the normal concentrations of 
oxygen in the air.
    Flammable liquid. A liquid that has a flash point below 100  deg. F 
(37.8  deg. C), a vapor pressure not exceeding 40 pounds per square inch 
(absolute) at 100  deg. F (37.8  deg. C), and is known as a Class I 
liquid.
    Flash point. The minimum temperature at which sufficient vapor is 
released by a liquid to form a flammable vapor-air mixture near the 
surface of the liquid.
    Multipurpose dry-chemical fire extinguisher. An extinguisher having 
a rating of at least 2-A:10-B:C and containing a nominal 4.5 pounds or 
more of dry-chemical agent.
    Noncombustible material. A material that, in the form in which it is 
used and under the conditions anticipated, will not ignite, burn, 
support combustion, or release flammable vapors when subjected to fire 
or heat. Concrete, masonry block, brick, and steel are examples of 
noncombustible materials.
    Safety can. A container of not over five gallons capacity that is 
designed to safely relieve internal pressure when exposed to heat and 
has a spring-closing lid and spout cover.
    Storage tank. A container exceeding 60 gallons in capacity used for 
the storage of flammable or combustible liquids.



Sec. 56.4011  Abandoned electric circuits.

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

                  Prohibitions/Precautions/Housekeeping



Sec. 56.4100  Smoking and use of open flames.

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



Sec. 56.4101  Warning signs.

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



Sec. 56.4102  Spillage and leakage.

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



Sec. 56.4103  Fueling internal combustion engines.

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



Sec. 56.4104  Combustible waste.

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

[[Page 259]]



Sec. 56.4130  Electric substations and liquid storage facilities.

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

                         Firefighting Equipment



Sec. 56.4200  General requirements.

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

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



Sec. 56.4201  Inspection.

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

      Table C-1--Hydrostatic Test Intervals for Fire Extinguishers
------------------------------------------------------------------------
                                                                  Test
                      Extinguisher type                         interval
                                                                (years)
------------------------------------------------------------------------
Soda Acid....................................................          5
Cartridge-Operated Water and/or Antifreeze...................          5
Stored-Pressure Water and/or Antifreeze......................          5
Wetting Agent................................................          5
Foam.........................................................          5
AFFF (Aqueous Film Forming Foam).............................          5
Loaded Stream................................................          5
Dry-Chemical with Stainless Steel Shells.....................          5
Carbon Dioxide...............................................          5
Dry-Chemical, Stored Pressure, with Mild Steel Shells, Brazed         12
 Brass Shells, or Aluminum Shells............................
Dry-Chemical, Cartridge or Cylinder Operated, with Mild Steel         12
 Shells......................................................
Bromotrifluoromethane--Halon 1301............................         12
Bromochlorodifluoromethane--Halon 1211.......................         12
Dry-Powder, Cartridge or Cylinder-Operated, with Mild Steel           12
 Shells1.....................................................
------------------------------------------------------------------------
1 Except for stainless steel and steel used for compressed gas
  cylinders, all other steel shells are defined as ``mild steel''
  shells.


[[Page 260]]



Sec. 56.4202  Fire hydrants.

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



Sec. 56.4203  Extinguisher recharging or replacement.

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



Sec. 56.4230  Self-propelled equipment.

    (a)(1) Whenever a fire or its effects could impede escape from self-
propelled equipment, a fire extinguisher shall be on the equipment.
    (2) Whenever a fire or its effects would not impede escape from the 
equipment but could affect the escape of other persons in the area, a 
fire extinguisher shall be on the equipment or within 100 feet of the 
equipment.
    (b) A fire suppression system may be used as an alternative to fire 
extinguishers if the system can be manually activated.
    (c) Fire extinguishers or fire suppression systems shall be of a 
type and size that can extinguish fires of any class in their early 
stages which could originate from the equipment's inherent fire hazards. 
Fire extinguishers or manual actuators for the suppression system shall 
be located to permit their use by persons whose escape could be impeded 
by fire.

                  Firefighting Procedures/Alarms/Drills



Sec. 56.4330  Firefighting, evacuation, and rescue procedures.

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



Sec. 56.4331  Firefighting drills.

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

               Flammable and Combustible Liquids and Gases



Sec. 56.4400  Use restrictions.

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



Sec. 56.4401  Storage tank foundations.

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



Sec. 56.4402  Safety can use.

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



Sec. 56.4430  Storage facilities.

    (a) Storage tanks for flammable or combustible liquids shall be--
    (1) Capable of withstanding working pressures and stresses and 
compatible with the type of liquid stored;
    (2) Maintained in a manner that prevents leakage;
    (3) Isolated or separated from ignition sources to prevent fire or 
explosion; and
    (4) Vented or otherwise constructed to prevent development of 
pressure or vacuum as a result of filling, emptying, or atmospheric 
temperature changes. Vents for storage of Class I, II, or IIIA liquids 
shall be isolated or separated from ignition sources. These pressure 
relief requirements do not apply to

[[Page 261]]

tanks used for storage of Class IIIB liquids that are larger than 12,000 
gallons in capacity.
    (b) All piping, valves, and fittings shall be--
    (1) Capable of withstanding working pressures and stresses;
    (2) Compatible with the type of liquid stored; and
    (3) Maintained in a manner that prevents leakage.
    (c) Fixed, unburied tanks located where escaping liquid could 
present a hazard to persons shall be provided with--
    (1) Containment for the entire capacity of the largest tank; or
    (2) Drainage of a remote impoundment area that does not endanger 
persons. However, storage of only Class IIIB liquids does not require 
containment or drainage to remote impoundment.

                  Installation/Construction/Maintenance



Sec. 56.4500  Heat sources.

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



Sec. 56.4501  Fuel lines.

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



Sec. 56.4502  Battery-charging stations.

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



Sec. 56.4503  Conveyor belt slippage.

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



Sec. 56.4530  Exits.

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



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

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

                    Welding/Cutting/Compressed Gases



Sec. 56.4600  Extinguishing equipment.

    (a) When welding, cutting, soldering, thawing, or bending--
    (1) With an electric arc or with an open flame where an electrically 
conductive extinguishing agent could create an electrical hazard, a 
multipurpose dry-chemical fire extinguisher or other extinguisher with 
at least a 2-A:10-B:C rating shall be at the worksite.
    (2) With an open flame in an area where no electrical hazard exists, 
a

[[Page 262]]

multipurpose dry-chemical fire extinguisher or equivalent fire 
extinguishing equipment for the class of fire hazard present shall be at 
the worksite.
    (b) Use of halogenated fire extinguishing agents to meet the 
requirements of this standard shall be limited to Halon 1211 
(CBrClF2) and Halon 1301 (CBrF3). When these 
agents are used in confined or unventilated areas, precautions based on 
the manufacturer's use instructions shall be taken so that the gases 
produced by thermal decompostion of the agents are not inhaled.



Sec. 56.4601  Oxygen cylinder storage.

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



Sec. 56.4602  Gauges and regulators.

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



Sec. 56.4603  Closure of valves.

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



Sec. 56.4604  Preparation of pipelines or containers.

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

          Appendix I to subpart C--National Consensus Standards

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

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



               Subpart D--Air Quality and Physical Agents

                               Air Quality



Sec. 56.5001  Exposure limits for airborne contaminants.

    Except as permitted by Sec. 56.5005--
    (a) Except as provided in paragraph (b) of this section, the 
exposure to airborne contaminants shall not exceed, on the basis of a 
time weighted average, the threshold limit values adopted by the 
American Conference of Governmental Industrial Hygienists, as set forth 
and explained in the 1973 edition of the Conference's publication, 
entitled ``TLV's Threshold Limit Values for Chemical Substances in 
Workroom Air Adopted by ACGIH for 1973,'' pages

[[Page 263]]

1 through 54, which are hereby incorporated by reference and made a part 
hereof. This publication may be obtained from the American Conference of 
Governmental industrial Hygienists by writing to the Secretary-
Treasurer, P.O Box 1937, Cincinnati, Ohio 45201, or may be examined in 
any Metal and Nonmetal Mine Safety and Health District Office of the 
Mine Safety and Health Administration. Excursions above the listed 
thresholds shall not be of a greater magnitude than is characterized as 
permissible by the Conference.
    (b) The 8-hour time weighted average airborne concentration of 
asbestos dust to which employees are exposed shall not exceed 2 fibers 
per milliliter greater than 5 microns in length, as determined by the 
membrane filter method at 400-450 magnification (4 millimeter objective) 
phase contrast illumination. No employees shall be exposed at any time 
to airborne concentrations of asbestos fibers in excess of 10 fibers 
longer than 5 micrometers, per milliliter of air, as determined by the 
membrane filter method over a minimum sampling time of 15 minutes. 
``Asbestos'' is a generic term for a number of hydrated silicates that, 
when crushed or processed, separate into flexible fibers made up of 
fibrils. Although there are many asbestos minerals, the term 
`'asbestos'' as used herein is limited to the following minerals: 
chrysotile, amosite, crocidolite, anthophylite asbestos, tremolite 
asbestos, and actinolite asbestos.
    (c) Employees shall be withdrawn from areas where there is present 
an airborne contaminant given a ``C'' designation by the Conference and 
the concentration exceeds the threshold limit value listed for that 
contaminant.

[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 35695, July 11, 1995]



Sec. 56.5002  Exposure monitoring.

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



Sec. 56.5005  Control of exposure to airborne contaminants.

    Control of employee exposure to harmful airborne contaminants shall 
be, insofar as feasible, by prevention of contamination, removal by 
exhaust ventilation, or by dilution with uncontaminated air. However, 
where accepted, engineering control measures have not been developed or 
when necessary by the nature of work involved (for example, while 
establishing controls or occasional entry into hazardous atmospheres to 
perform maintenance or investigation), employees may work for reasonable 
periods of time in concentrations of airborne contaminants exceeding 
permissible levels if they are protected by appropriate respiratory 
protective equipment. Whenever respiratory protective equipment is used 
a program for selection, maintenance, training, fitting, supervision, 
cleaning, and use shall meet the following miminum requirements:
    (a) Respirators approved by NIOSH under 42 CFR part 84 which are 
applicable and suitable for the purpose intended shall be furnished and 
miners shall use the protective equipment in accordance with training 
and instruction.
    (b) A respirator program consistent with the requirements of ANSI 
Z88.2-1969, published by the American National Standards Institute and 
entitled ``American National Standards Practices for Respiratory 
Protection ANSI Z88.2-1969,'' approved August 11, 1969, which is hereby 
incorporated by reference and made a part hereof. This publication may 
be obtained from the American National Standards Institute, Inc., 1430 
Broadway, New York, New York 10018, or may be examined in any Metal and 
Nonmetal Mine Safety and Health District Office of the Mine Safety and 
Health Administration.
    (c) When respiratory protection is used in atmospheres immediately 
harmful to life, the presence of at least one other person with backup 
equipment and rescue capability shall be required in the event of 
failure of the respiratory equipment.

[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 30400, June 8, 1995; 60 
FR 33723, June 29, 1995; 60 FR 35695, July 11, 1995]

[[Page 264]]



Sec. 56.5006  Restricted use of chemicals.

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

                             Physical Agents



Sec. 56.5050  Exposure limits for noise.

    (a) No employee shall be permitted an exposure to noise in excess of 
that specified in the table below. Noise level measurements shall be 
made using a sound level meter meeting specifications for type 2 meters 
contained in American National Standards Institute (ANSI) Standard S1.4-
1971, ``General Purpose Sound Level Meters,'' approved April 27, 1971, 
which is hereby incorporated by reference and made a part hereof, or by 
a dosimeter with similar accuracy. This publication may be obtained from 
the American National Standards Institute, Inc. 1430 Broadway, New York, 
New York 10018, or may be examined in any Metal and Nonmetal Mine Safety 
and Health District Office of the Mine Safety and Health Administration.

                       Permissible Noise Exposures
------------------------------------------------------------------------
                                                                  Sound
                                                                  level
              Duration per day, hours of exposure                 dBA,
                                                                  slow
                                                                response
------------------------------------------------------------------------
8.............................................................        90
6.............................................................        92
4.............................................................        95
3.............................................................        97
2.............................................................       100
1\1/2\........................................................       102
1.............................................................       105
\1/2\.........................................................       110
\1/4\ or less.................................................       115
------------------------------------------------------------------------


No exposure shall exceed 115 dBA. Impact or impulsive noises shall not 
exceed 140 dB, peak sound pressure level.
    Note: When the daily noise exposure is composed of two or more 
periods of noise exposure at different levels, their combined effect 
shall be considered rather than the individual effect on each.
    If the sum

(C1/T1)+(C2/T2)+ . . . 
(Cn/Tn)


exceeds unity, then the mixed exposure shall be considered to exceed the 
permissible exposure. Cn indicates the total time of exposure 
at a specified noise level, and Tn indicates the total time 
of exposure permitted at that level. Interpolation between tabulated 
values may be determined by the following formula:

Log T=6.322-0.0602 SL

Where T is the time in hours and SL is the sound level in dBA.
    (b) When employees' exposure exceeds that listed in the above table, 
feasible administrative or engineering controls shall be utilized. If 
such controls fail to reduce exposure to within permissible levels, 
personal protection equipment shall be provided and used to reduce sound 
levels to within the levels of the table.

[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 35695, July 11, 1995]



                          Subpart E--Explosives

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



Sec. 56.6000  Definitions.

    The following definitions apply in this subpart.
    Attended. Presence of an individual or continuous monitoring to 
prevent unauthorized entry or access.

[[Page 265]]

    Barrier. A material object, or objects that separates, keeps apart, 
or demarcates in a conspicuous manner such as cones, a warning sign, or 
tape.
    Blast area. The area in which concussion (shock wave), flying 
material, or gases from an explosion may cause injury to persons. In 
determining the blast area, the following factors shall be considered:
    (1) Geology or material to be blasted.
    (2) Blast pattern.
    (3) Burden, depth, diameter, and angle of the holes.
    (4) Blasting experience of the mine.
    (5) Delay system, powder factor, and pounds per delay.
    (6) Type and amount of explosive material.
    (7) Type and amount of stemming.
    Blast site. The area where explosive material is handled during 
loading, including the perimeter formed by the loaded blastholes and 50 
feet (15.2 meters) in all directions from loaded holes. A minimum 
distance of 30 feet (9.1 meters) may replace the 50-foot (15.2-meter) 
requirement if the perimeter of loaded holes is demarcated with a 
barrier. The 50-foot (15.2-meter) and alternative 30-foot (9.1-meter) 
requirements also apply in all directions along the full depth of the 
hole.
    Blasting agent. Any substance classified as a blasting agent by the 
Department of Transportation in 49 CFR 173.114a(a). This document is 
available at any MSHA Metal and Nonmetal Safety and Health district 
office.
    Detonating cord. A flexible cord containing a center core of high 
explosives which may be used to initiate other explosives.
    Detonator. Any device containing a detonating charge used to 
initiate an explosive. These devices include electric or nonelectric 
instantaneous or delay blasting caps and delay connectors. The term 
``detonator'' does not include detonating cord. Detonators may be either 
``Class A'' detonators or ``Class C'' detonators, as classified by the 
Department of Transportation in 49 CFR 173.53, and 173.100. This 
document is available at any MSHA Metal and Nonmetal Safety and Health 
district office.
    Emulsion. An explosive material containing substantial amounts of 
oxidizers dissolved in water droplets, surrounded by an immiscible fuel.
    Explosive. Any substance classified as an explosive by the 
Department of Transportation in 49 CFR 173.53, 173.88, and 173.100. This 
document is available at any MSHA Metal and Nonmetal Safety and Health 
district office.
    Explosive material. Explosives, blasting agents, and detonators.
    Flash point. The minimum temperature at which sufficient vapor is 
released by a liquid to form a flammable vapor-air mixture near the 
surface of the liquid.
    Igniter cord. A fuse that burns progressively along its length with 
an external flame at the zone of burning, used for lighting a series of 
safety fuses in a desired sequence.
    Laminated partition. A partition composed of the following material 
and minimum nominal dimensions: \1/2\-inch-thick plywood, \1/2\-inch-
thick gypsum wallboard, \1/8\-inch-thick low carbon steel, and \1/4\-
inch-thick plywood, bonded together in that order (IME-22 Box). A 
laminated partition also includes alternative construction materials 
described in the Institute of Makers of Explosives (IME) Safety Library 
Publication No. 22, ``Recommendations for the Safe Transportation of 
Detonators in a Vehicle with other Explosive Materials,'' (May 1993), 
and the ``Generic Loading Guide for the IME-22 Container,'' (October 
1993). This incorporation by reference has been approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies are available at MSHA, 4015 Wilson Boulevard, Room 728, 
Arlington, VA 22203, and at all Metal and Nonmetal Mine Safety and 
Health district offices, or available for inspection at the Office of 
the Federal Register, 800 North Capitol Street, NW., 7th Floor, suite 
700, Washington, DC.
    Loading. Placing explosive material either in a blasthole or against 
the material to be blasted.
    Magazine. A bullet-resistant, theft-resistant, fire-resistant, 
weather-resistant, ventilated facility for the storage of explosives and 
detonators (BATF Type 1 or Type 2 facility).
    Misfire. The complete or partial failure of explosive material to 
detonate

[[Page 266]]

as planned. The term also is used to describe the explosive material 
itself that has failed to detonate.
    Multipurpose dry-chemical fire extinguisher. An extinguisher having 
a rating of at least 2-A:10-B:C and containing a nominal 4.5 pounds or 
more of dry-chemical agent.
    Primer. A unit, package, or cartridge of explosives which contains a 
detonator and is used to initiate other explosives or blasting agents.
    Safety switch. A switch that provides shunt protection in blasting 
circuits between the blast site and the switch used to connect a power 
source to the blasting circuit.
    Slurry. An explosive material containing substantial portions of a 
liquid, oxidizers, and fuel, plus a thickener.
    Storage facility. The entire class of structures used to store 
explosive materials. A ``storage facility'' used to store blasting 
agents corresponds to a BATF Type 4 or 5 storage facility.
    Water gel. An explosive material containing substantial portions of 
water, oxidizers, and fuel, plus a cross-linking agent.

                                 Storage



Sec. 56.6100  Separation of stored explosive material.

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



Sec. 56.6101  Areas around explosive material storage facilities.

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



Sec. 56.6102  Explosive material storage practices.

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



Sec. 56.6130  Explosive material storage facilities.

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



Sec. 56.6131  Location of explosive material storage facilities.

    (a) Storage facilities for any explosive material shall be--
    (1) Located so that the forces generated by a storage facility 
explosion will not create a hazard to occupants in mine buildings and 
will not damage dams or electric substations; and
    (2) Detached structures located outside the blast area and a 
sufficient distance from powerlines so that the

[[Page 267]]

powerlines, if damaged, would not contact the magazines.
    (b) Operators should also be aware of regulations affecting storage 
facilities in 27 CFR part 55, in particular, 27 CFR 55.218 and 55.220. 
This document is available at any MSHA Metal and Nonmetal Safety and 
Health district office.



Sec. 56.6132  Magazine requirements.

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



Sec. 56.6133  Powder chests.

    (a) Powder chests (day boxes) shall be--
    (1) Structurally sound, weather-resistant, equipped with a lid or 
cover, and with only nonsparking material on the inside;
    (2) Posted with the appropriate United States Department of 
Transportation placards or other appropriate warning signs that indicate 
the contents and are visible from each approach;
    (3) Located out of the blast area once loading has been completed;
    (4) Locked or attended when containing explosive material; and
    (5) Emptied at the end of each shift with the contents returned to a 
magazine or other storage facility, or attended.
    (b) Detonators shall be kept in chests separate from explosives or 
blasting agents, unless separated by 4-inches of hardwood or equivalent, 
or a laminated partition. When a laminated partition is used, operators 
must follow the provisions of the Institute of Makers of Explosives 
(IME) Safety Library Publication No. 22, ``Recommendations for the Safe 
Transportation of Detonators in a Vehicle with other Explosive 
Materials,'' (May 1993), and the ``Generic Loading Guide for the IME-22 
Container,'' (October 1993). This incorporation by reference has been 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA, 4015 
Wilson Boulevard, Room 728, Arlington, VA 22203, and at all Metal and 
Nonmetal Mine Safety and Health district offices, or available for 
inspection at the Office of the Federal Register, 800 North Capitol 
Street, NW., 7th Floor, suite 700, Washington, DC.

                             Transportation



Sec. 56.6200  Delivery to storage or blast site areas.

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

[[Page 268]]



Sec. 56.6201  Separation of transported explosive material.

    Detonators shall not be transported on the same vehicle or 
conveyance with other explosives except as follows:
    (a) Detonators in quantities of more than 1000 may be transported in 
a vehicle or conveyance with explosives or blasting agents provided the 
detonators are--
    (1) Maintained in the original packaging as shipped from the 
manufacturer; and
    (2) Separated from explosives or blasting agents by 4-inches of 
hardwood or equivalent, or a laminated partition. The hardwood or 
equivalent shall be fastened to the vehicle or conveyance. When a 
laminated partition is used, operators must follow the provisions of the 
Institute of Makers of Explosives (IME) Safety Library Publication 
No.22, ``Recommendations for the Safe Transportation of Detonators in a 
Vehicle with other Explosive Materials,'' (May 1993), and the ``Generic 
Loading Guide for the IME-22 Container,'' (October 1993). This 
incorporation by reference has been approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies are available at MSHA, 4015 Wilson Boulevard, Room 728, 
Arlington, VA 22203, and at all Metal and Nonmetal Mine Safety and 
Health district offices, or available for inspection at the Office of 
the Federal Register, 800 North Capitol Street, NW., 7th Floor, suite 
700, Washington, DC.
    (b) Detonators in quantities of 1000 or fewer may be transported 
with explosives or blasting agents provided the detonators are--
    (1) Kept in closed containers; and
    (2) Separated from explosives or blasting agents by 4-inches of 
hardwood or equivalent, or a laminated partition. The hardwood or 
equivalent shall be fastened to the vehicle or conveyance. When a 
laminated partition is used, operators must follow the provisions of IME 
Safety Library Publication No. 22, ``Recommendations for the Safe 
Transportation of Detonators in a Vehicle with other Explosive 
Materials,'' (May 1993), and the ``Generic Loading Guide for the IME-22 
Container,'' (October 1993). This incorporation by reference has been 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA, 4015 
Wilson Boulevard, Room 728, Arlington, VA 22203, and at all Metal and 
Nonmetal Mine Safety and Health district offices, or available for 
inspection at the Office of the Federal Register, 800 North Capitol 
Street, NW., 7th Floor, suite 700, Washington, DC.



Sec. 56.6202  Vehicles.

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

[[Page 269]]

    (1) Have no zinc or copper exposed in the cargo space; and
    (2) Provide any enclosed screw-type conveyors with protection 
against internal pressure and frictional heat.



Sec. 56.6203  Locomotives.

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



Sec. 56.6204  Hoists.

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



Sec. 56.6205  Conveying explosives by hand.

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

                                   Use



Sec. 56.6300  Control of blasting operations.

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



Sec. 56.6301  Blasthole obstruction check.

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



Sec. 56.6302  Separation of explosive material.

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



Sec. 56.6303  Initiation preparation.

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



Sec. 56.6304  Primer protection.

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



Sec. 56.6305  Unused explosive material.

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



Sec. 56.6306  Loading, blasting, and security.

    (a) When explosive materials or initiating systems are brought to 
the blast site, the blast site shall be attended; barricaded and posted 
with warning signs, such as ``Danger,'' ``Explosives,'' or ``Keep Out;'' 
or flagged against unauthorized entry.
    (b) Vehicles and equipment shall not be driven over explosive 
material or initiating systems in a manner which could contact the 
material or systems, or create other hazards.
    (c) Once loading begins, the only activities permitted within the 
blast site

[[Page 270]]

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



Sec. 56.6307  Drill stem loading.

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



Sec. 56.6308  Initiation systems.

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



Sec. 56.6309  Fuel oil requirements for ANFO.

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



Sec. 56.6310  Misfire waiting period.

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



Sec. 56.6311  Handling of misfires.

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



Sec. 56.6312  Secondary blasting.

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

                            Electric Blasting



Sec. 56.6400  Compatibility of electric detonators.

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



Sec. 56.6401  Shunting.

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

[[Page 271]]

    (c) Blasting lines shall be kept shunted until immediately before 
blasting.



Sec. 56.6402  Deenergized circuits near detonators.

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



Sec. 56.6403  Branch circuits.

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



Sec. 56.6404  Separation of blasting circuits from power source.

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



Sec. 56.6405  Firing devices.

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



Sec. 56.6406  Duration of current flow.

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



Sec. 56.6407  Circuit testing.

    A blasting galvanometer or other instrument designed for testing 
blasting circuits shall be used to test each of the following:
    (a) Continuity of each electric detonator in the blasthole prior to 
stemming and connection to the blasting line.
    (b) Resistance of individual series or the resistance of multiple 
balanced series to be connected in parallel prior to their connection to 
the blasting line.
    (c) Continuity of blasting lines prior to the connection of electric 
detonator series.
    (d) Total blasting circuit resistance prior to connection to the 
power source.

                          Nonelectric Blasting



Sec. 56.6500  Damaged initiating material.

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



Sec. 56.6501  Nonelectric initiation systems.

    (a) When the nonelectric initiation system uses shock tube--
    (1) Connections with other initiation devices shall be secured in a 
manner which provides for uninterrupted propagation;
    (2) Factory-made units shall be used as assembled and shall not be 
cut except that a single splice is permitted on the lead-in trunkline 
during dry conditions; and
    (3) Connections between blastholes shall not be made until 
immediately prior to clearing the blast site when surface delay 
detonators are used.
    (b) When the nonelectric initiation system uses detonating cord--

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



Sec. 56.6502  Safety fuse.

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

              Table E-1--Safety Fuse--Minimum Burning Time
------------------------------------------------------------------------
       Number of holes in a round             Minimum  burning time
------------------------------------------------------------------------
1......................................  2 min.\1\
2-5....................................  2 min. 40 sec.
6-10...................................  3 min. 20 sec