CFR 2020 Title30 Vol1 ChapI SubchapO

SUBCHAPTER O—COAL MINE SAFETY AND HEALTH
PART 70—MANDATORY HEALTH Subpart A—General

STANDARDS—UNDERGROUND
COAL MINES SOURCE: 79 FR 24972, May 1, 2014, unless
otherwise noted.
Subpart A—General
§ 70.1 Scope.
Sec.
70.1 Scope. This part 70 sets forth mandatory
70.2 Definitions. health standards for each underground
coal mine subject to the Federal Mine
Subpart B—Dust Standards Safety and Health Act of 1977, as
70.100 Respirable dust standards. amended.
70.101 Respirable dust standard when quartz
is present. § 70.2 Definitions.
The following definitions apply in
Subpart C—Sampling Procedures
this part.
70.201 Sampling; general and technical re- Act. The Federal Mine Safety and
quirements. Health Act of 1977, Public Law 91–173,
70.202 Certified person; sampling. as amended by Public Law 95–164 and
70.203 Certified person; maintenance and
calibration.
Public Law 109–236.
70.204 Approved sampling devices; mainte- Active workings. Any place in a coal
nance and calibration. mine where miners are normally re-
70.205 Approved sampling devices; oper- quired to work or travel.
ation; air flowrate. Approved sampling device. A sampling
70.206 Bimonthly sampling; mechanized
device approved by the Secretary and
mining units.
70.207 Bimonthly sampling; designated Secretary of Health and Human Serv-
areas. ices (HHS) under part 74 of this title.
70.208 Quarterly sampling; mechanized min- Certified person. An individual cer-
ing units. tified by the Secretary in accordance
70.209 Quarterly sampling; designated areas. with § 70.202 to take respirable dust
70.210 Respirable dust samples; trans-
samples required by this part or cer-
mission by operator.
70.211 Respirable dust samples; report to op- tified in accordance with § 70.203 to per-
erator; posting. form the maintenance and calibration
70.212 Status change reports. of respirable dust sampling equipment
TABLE 70–1 TO SUBPART C OF PART 70—EXCES- as required by this part.
SIVE CONCENTRATION VALUES (ECV) Coal mine dust personal sampler unit
BASED ON SINGLE, FULL-SHIFT CMDPSU/ (CMDPSU). A personal sampling device
CPDM CONCENTRATION MEASUREMENTS approved under part 74, subpart B, of
TABLE 70–2 TO SUBPART C OF PART 70—EXCES- this title.
SIVE CONCENTRATION VALUES (ECV)
BASED ON THE AVERAGE OF 5 OR 15 FULL- Concentration. A measure of the
SHIFT CMDPSU/CPDM CONCENTRATION amount of a substance contained per
MEASUREMENTS unit volume of air.
Continuous personal dust monitor
Subpart D [Reserved] (CPDM). A personal sampling device
approved under part 74, subpart C of
Subpart E—Dust From Drilling Rock
this title.
[Reserved]
Designated area (DA). A specific loca-
Subparts F–S [Reserved] tion in the mine identified by the oper-
ator in the mine ventilation plan under
Subpart T—Diesel Exhaust Gas Monitoring § 75.371(t) of this title where samples
will be collected to measure respirable
70.1900 Exhaust Gas Monitoring.
dust generation sources in the active
AUTHORITY: 30 U.S.C. 811, 813(h), 957. workings; approved by the District
kpayne on VMOFRWIN702 with $$_JOB
SOURCE: 59 FR 8327, Feb 18, 1994, unless oth- Manager; and assigned a four-digit
erwise noted. identification number by MSHA.
452
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Mine Safety and Health Admin., Labor § 70.2
Designated occupation (DO). The occu- same working section, each set of min-
pation on a mechanized mining unit ing equipment shall be identified as a
(MMU) that has been determined by re- separate MMU.
sults of respirable dust samples to have MRE instrument. The gravimetric
the greatest respirable dust concentra- dust sampler with a four channel hori-
tion. zontal elutriator developed by the Min-
District Manager. The manager of the ing Research Establishment of the Na-
Coal Mine Safety and Health District tional Coal Board, London, England.
in which the mine is located. MSHA. The Mine Safety and Health
Equivalent concentration. The con- Administration of the U.S. Department
centration of respirable coal mine dust, of Labor.
including quartz, expressed in milli- Normal production shift. A production
grams per cubic meter of air (mg/m3) as shift during which the amount of mate-
measured with an approved sampling rial produced by an MMU is at least
device, determined by dividing the equal to 80 percent of the average pro-
weight of dust in milligrams collected duction recorded by the operator for
on the filter of an approved sampling the most recent 30 production shifts or
device by the volume of air in cubic for all production shifts if fewer than
meters passing through the filter (sam- 30 shifts of production data are avail-
pling time in minutes (t) times the able.
sampling airflow rate in cubic meters Other designated occupation (ODO).
per minute), and then converting that Other occupation on an MMU that is
concentration to an equivalent con- designated for sampling required by
centration as measured by the Mining this part in addition to the DO. Each
Research Establishment (MRE) instru- ODO shall be identified by a four-digit
ment. When the approved sampling de- identification number assigned by
vice is: MSHA.
(1) The CMDPSU, the equivalent con- Production shift. With regard to an
centration is determined by multi- MMU, a shift during which material is
plying the concentration of respirable produced; with regard to a DA of a
coal mine dust by the constant factor mine, a shift during which material is
prescribed by the Secretary. produced and routine day-to-day ac-
(2) The CPDM, the device shall be tivities are occurring in the DA.
programmed to automatically report Quartz. Crystalline silicon dioxide
end-of-shift concentration measure- (SiO2) not chemically combined with
ments as equivalent concentrations. other substances and having a distinc-
Mechanized mining unit (MMU). A tive physical structure.
unit of mining equipment including Representative sample. A respirable
hand loading equipment used for the dust sample, expressed as an equivalent
production of material; or a specialized concentration, that reflects typical
unit which uses mining equipment dust concentration levels and with re-
other than specified in § 70.206(b) or in gard to an MMU, normal mining activi-
§ 70.208(b) of this part. Each MMU will ties in the active workings during
be assigned a four-digit identification which the amount of material produced
number by MSHA, which is retained by is equivalent to a normal production
the MMU regardless of where the unit shift; or with regard to a DA, material
relocates within the mine. However, is produced and routine-day-to-day ac-
when: tivities are occurring.
(1) Two sets of mining equipment are Respirable dust. Dust collected with a
used in a series of working places with- sampling device approved by the Sec-
in the same working section and only retary and the Secretary of HHS in ac-
one production crew is employed at cordance with part 74 (Coal Mine Dust
any given time on either set of mining Sampling Devices) of this title.
equipment, the two sets of equipment Secretary. The Secretary of Labor or
shall be identified as a single MMU. a delegate.
(2) Two or more sets of mining equip- Valid respirable dust sample. A res-
ment are simultaneously engaged in pirable dust sample collected and sub-
cutting, mining, or loading coal or mitted as required by this part, includ-

rock from working places within the ing any sample for which the data were
453
§ 70.100 30 CFR Ch. I (7–1–20 Edition)
electronically transmitted to MSHA, plicable dust standard that exceeds the

and not voided by MSHA. standard established by § 70.100(a).
Example: Assume the sampled MMU or DA
Subpart B—Dust Standards is on a 1.5-mg/m3 dust standard. Suppose a
valid representative dust sample with an
SOURCE: 79 FR 24973, May 1, 2014, unless equivalent concentration of 1.12 mg/m3 con-
otherwise noted. tains 12.3% of quartz dust, which corresponds
to a quartz concentration of 138 μg/m3.
§ 70.100 Respirable dust standards. Therefore, the average concentration of res-
pirable dust in the mine atmosphere associ-
(a) Each operator shall continuously ated with that MMU or DA shall be main-
maintain the average concentration of tained on each shift at or below 0.8 mg/m3
respirable dust in the mine atmosphere (10/12.3% = 0.8 mg/m3).
during each shift to which each miner
in the active workings of each mine is Subpart C—Sampling Procedures
exposed, as measured with an approved
sampling device and expressed in terms SOURCE: 79 FR 24974, May 1, 2014, unless
of an equivalent concentration, at or otherwise noted.
below:
(1) 2.0 milligrams of respirable dust § 70.201 Sampling; general and tech-
per cubic meter of air (mg/m3). nical requirements.
(2) 1.5 mg/m3 as of August 1, 2016. (a) Only an approved coal mine dust
(b) Each operator shall continuously personal sampler unit (CMDPSU) shall
maintain the average concentration of be used to take bimonthly samples of
respirable dust within 200 feet outby the concentration of respirable coal
the working faces of each section in mine dust from the designated occupa-
the intake airways as measured with tion (DO) in each MMU as required by
an approved sampling device and ex- this part until January 31, 2016. On
pressed in terms of an equivalent con- February 1, 2016, DOs in each MMU
centration at or below: shall be sampled quarterly with an ap-
(1) 1.0 mg/m3. proved CPDM as required by this part
(2) 0.5 mg/m3 as of August 1, 2016. and an approved CMDPSU shall not be
used, unless notified by the Secretary
§ 70.101 Respirable dust standard
when quartz is present. to continue to use an approved
CMDPSU to conduct quarterly sam-
(a) Each operator shall continuously pling.
maintain the average concentration of (b) Only an approved CMDPSU shall
respirable quartz dust in the mine at- be used to take bimonthly samples of
mosphere during each shift to which the concentration of respirable coal
each miner in the active workings of mine dust from each designated area
each mine is exposed at or below 0.1 (DA) as required by this part until Jan-
mg/m3 (100 micrograms per cubic meter uary 31, 2016. On February 1, 2016:
or μg/m3) as measured with an approved (1) DAs associated with an MMU
sampling device and expressed in terms shall be redesignated as Other Des-
of an equivalent concentration. ignated Occupations (ODO). ODOs shall
(b) When the equivalent concentra- be sampled quarterly with an approved
tion of respirable quartz dust exceeds CPDM as required by this part and an
100 μg/m3, the operator shall continu- approved CMDPSU shall not be used,
ously maintain the average concentra- unless notified by the Secretary to con-
tion of respirable dust in the mine at- tinue to use an approved CMDPSU to
mosphere during each shift to which conduct quarterly sampling.
each miner in the active workings is (2) DAs identified by the operator
exposed as measured with an approved under § 75.371(t) of this chapter shall be
sampling device and expressed in terms sampled quarterly with an approved
of an equivalent concentration at or CMDPSU as required by this part, un-
below the applicable dust standard. less the operator notifies the District
The applicable dust standard is com- Manager in writing that only an ap-
puted by dividing the percent of quartz proved CPDM will be used for all DA
into the number 10. The application of sampling at the mine. The notification
this formula shall not result in an ap- must be received at least 90 days before
454
the beginning of the quarter in which shifts, or for all production shifts if
CPDMs will be used to collect the DA fewer than 30 shifts of production data
samples. are available. Production records shall
(c) Sampling devices shall be worn or be retained for at least six months and
carried directly to the MMU or DA to shall be made available for inspection
be sampled and from the MMU or DA by authorized representatives of the
sampled and shall be operated portal- Secretary and the representative of
to-portal. Sampling devices shall re- miners.
main with the occupation or DA being (h) Operators using CPDMs shall pro-
sampled and shall be operational dur- vide training to all miners expected to
ing the entire shift, which includes the wear a CPDM. The training shall be
total time spent in the MMU or DA and completed prior to a miner wearing a
while traveling to and from the mining CPDM and then every 12 months there-
section or area being sampled. If the after. The training shall include:
work shift to be sampled is longer than (1) The importance of monitoring
12 hours and the sampling device is: dust concentrations and properly wear-
(1) A CMDPSU, the operator shall ing the CPDM.
switch-out the unit’s sampling pump (2) Explaining the basic features and
prior to the 13th-hour of operation. capabilities of the CPDM;
(2) A CPDM, the operator shall (3) Discussing the various types of in-
switch-out the CPDM with a fully formation displayed by the CPDM and
charged device prior to the 13th-hour of how to access that information; and
operation. (4) How to start and stop a short-
(d) If using a CMDPSU, one control term sample run during compliance
filter shall be used for each shift of sampling.
sampling. Each control filter shall: (i) An operator shall keep a record of
(1) Have the same pre-weight date the CPDM training at the mine site for
(noted on the dust data card) as the fil- 24 months after completion of the
ters used for sampling; training. An operator may keep the
(2) Remain plugged at all times; record elsewhere if the record is imme-
(3) Be used for the same amount of diately accessible from the mine site
time, and exposed to the same tem- by electronic transmission. Upon re-
perature and handling conditions as quest from an authorized representa-
the filters used for sampling; tive of the Secretary, Secretary of
(4) Be kept with the exposed samples HHS, or representative of miners, the
after sampling and in the same mailing operator shall promptly provide access
container when transmitted to MSHA. to any such training records. The
(e) Records showing the length of record shall include:
each production shift for each MMU (1) The date of training;
shall be made and retained for at least (2) The names of miners trained; and
six months and shall be made available (3) The subjects included in the train-
for inspection by authorized represent- ing.
atives of the Secretary and the rep- (j) An anthracite mine using the full
resentative of miners, and submitted to box, open breast, or slant breast min-
the District Manager when requested ing method may use either a CPDM or
in writing. a CMDPSU to conduct the required
(f) Upon request from the District sampling. The mine operator shall no-
Manager, the operator shall submit the tify the District Manager in writing of
date and time any respirable dust sam- its decision to not use a CPDM.
pling required by this part will begin. (k) MSHA approval of the dust con-
This information shall be submitted at trol portion of the operator’s mine ven-
least 48 hours prior to the scheduled tilation plan may be revoked based on
sampling. samples taken by MSHA or in accord-
(g) To establish a normal production ance with this part 70.
shift, the operator shall record the
amount of run-of-mine material pro- § 70.202 Certified person; sampling.
duced by each MMU during each shift (a) The respirable dust sampling re-
to determine the average production quired by this part shall be performed

for the most recent 30 production by a certified person.
455
§ 70.203 30 CFR Ch. I (7–1–20 Edition)
(b) To be certified, a person shall work on the CPDM or the pump unit of
complete the applicable MSHA course the CMDPSU.
of instruction and pass the MSHA ex- (b) Sampling devices shall be cali-
amination demonstrating competency brated at the flowrate of 2.0 liters of
in sampling procedures. Persons not air per minute (L/min) if using a
certified in sampling, and those cer- CMDPSU; at 2.2 L/min if using a
tified only in maintenance and calibra- CPDM; or at a different flowrate rec-
tion procedures in accordance with ommended by the manufacturer, before
§ 70.203(b), are not permitted to collect they are put into service and, there-
respirable dust samples required by after, at time intervals recommended
this part or handle approved sampling by the manufacturer or prescribed by
devices when being used in sampling. the Secretary or Secretary of HHS.
(c) To maintain certification, a per- (c) If using a CMDPSU, each sam-
son must pass the MSHA examination pling device shall be examined and
demonstrating competency in sampling tested by a person certified in sampling
procedures every three years. or in maintenance and calibration
(d) MSHA may revoke a person’s cer- within 3 hours before the start of the
tification for failing to properly carry shift on which the approved sampling
out the required sampling procedures. devices will be used to collect res-
§ 70.203 Certified person; maintenance pirable dust samples. This is to assure
and calibration. that the sampling devices are clean and
in proper working condition. This ex-
(a) Approved sampling devices shall amination and testing shall include the
be maintained and calibrated by a cer- following:
tified person.
(1) Examination of all components of
(b) To be certified, a person shall
the cyclone assembly to assure that
complete the applicable MSHA course
they are clean and free of dust and dirt.
of instruction and pass the MSHA ex-
This includes examining the interior of
amination demonstrating competency
the connector barrel (located between
in maintenance and calibration proce-
the cassette assembly and vortex find-
dures for approved sampling devices.
Necessary maintenance of the sampling er), vortex finder, cyclone body, and
head assembly of a CMDPSU, or the cy- grit pot;
clone assembly of a CPDM, can be per- (2) Examination of the inner surface
formed by persons certified in sampling of the cyclone body to assure that it is
or in maintenance and calibration. free of scoring or scratch marks on the
(c) To maintain certification, a per- inner surface of the cyclone where the
son must pass the MSHA examination air flow is directed by the vortex finder
demonstrating competency in mainte- into the cyclone body;
nance and calibration procedures every (3) Examination of the external hose
three years. connecting the pump unit to the sam-
(d) MSHA may revoke a person’s cer- pling head assembly to assure that it is
tification for failing to properly carry clean and free of leaks; and
out the required maintenance and cali- (4) Examination of the clamping and
bration procedures. positioning of the cyclone body, vortex
finder, and cassette to assure that they
§ 70.204 Approved sampling devices; are rigid, in alignment, firmly in con-
maintenance and calibration. tact, and airtight.
(a) Approved sampling devices shall (5) Testing the voltage of each bat-
be maintained as approved under part tery while under actual load to assure
74 of this title and calibrated in accord- the battery is fully charged. This re-
ance with MSHA Informational Report quires that a fully assembled and ex-
IR 1240 (1996) ‘‘Calibration and Mainte- amined sampling head assembly be at-
nance Procedures for Coal Mine Res- tached to the pump inlet with the
pirable Dust Samplers’’ or in accord- pump unit running when the voltage
ance with the manufacturer’s rec- check is made. The voltage for the bat-
ommendations, if using a CPDM. Only teries used in the CMDPSU shall not be
persons certified in maintenance and lower than the product of the number
calibration can perform maintenance of cells in the battery multiplied by
456
the manufacturer’s nominal voltage proper location, operating properly,

per cell value. and at the proper flowrate. If the prop-
(d) If using a CPDM, the certified per- er flowrate is not maintained, nec-
son in sampling or in maintenance and essary adjustments shall be made by
calibration shall: the certified person. This examination
(1) Follow the pre-operational exami- is not required if the sampling device is
nations, testing, and set-up procedures, being operated in an anthracite coal
and perform necessary external main- mine using the full box, open breast, or
tenance recommended by the manufac- slant breast mining method.
turer to assure the operational readi- (2) The last hour of operation to as-
ness of each CPDM within 3 hours be- sure that the sampling device is oper-
fore the start of the shift on which the ating properly and at the proper
sampling devices will be used to collect flowrate. If the proper flowrate is not
respirable dust samples; and maintained, the respirable dust sample
(2) Perform other required scheduled shall be transmitted to MSHA with a
examinations and maintenance proce- notation by the certified person on the
dures recommended by the manufac- back of the dust data card stating that
turer. the proper flowrate was not main-
(e) You must proceed in accordance tained. Other events occurring during
with ‘‘Calibration and Maintenance the collection of respirable dust sam-
Procedures for Coal Mine Respirable ples that may affect the validity of the
Dust Samplers,’’ MSHA Informational sample, such as dropping of the sam-
Report IR 1240 (1996), referenced in pling head assembly onto the mine
paragraph (a) of this section. The Di- floor, shall be noted on the back of the
rector of the Federal Register approves dust data card.
this incorporation by reference in ac- (c) If using a CPDM, the person cer-
cordance with 5 U.S.C. 552(a) and 1 CFR tified in sampling shall monitor the
part 51. You may obtain a copy from dust concentrations and the sampling
the MSHA Web site at http:// status conditions being reported by the
www.msha.gov and you may inspect or sampling device at mid-shift or more
obtain a copy at MSHA, Coal Mine frequently as specified in the approved
Safety and Health, 201 12th Street mine ventilation plan to assure: The
South, Arlington, VA 22202–5452; 202– sampling device is in the proper loca-
693–9500; and at each MSHA Coal Mine tion and operating properly; and the
Safety and Health District Office, or at work environment of the occupation or
the National Archives and Records Ad- DA being sampled remains in compli-
ministration (NARA). For information ance with the applicable standard at
on the availability of this material at the end of the shift. This monitoring is
NARA, call 202–741–6030, or go to: http:// not required if the sampling device is
www.archives.gov/federallregister/ being operated in an anthracite coal
codeloflfederallregulations/ mine using the full box, open breast, or
ibrllocations.html. slant breast mining method.
[79 FR 24974, May 1, 2014, as amended at 80
FR 52989, Sept. 2, 2015] § 70.206 Bimonthly sampling; mecha-
nized mining units.
§ 70.205 Approved sampling devices; Until January 31, 2016:
operation; air flowrate. (a) Each operator shall take five
(a) Approved sampling devices shall valid representative samples from the
be operated at the flowrate of 2.0 L/min designated occupation (DO) in each
if using a CMDPSU; at 2.2 L/min if mechanized mining unit (MMU) during
using a CPDM; or at a different each bimonthly period. DO samples
flowrate recommended by the manufac- shall be collected on consecutive nor-
turer. mal production shifts or normal pro-
(b) If using a CMDPSU, each ap- duction shifts each of which is worked
proved sampling device shall be exam- on consecutive days. The bimonthly pe-
ined each shift by a person certified in riods are:
sampling during:
January 1–February 28 (29)

(1) The second hour after being put March 1–April 30
into operation to assure it is in the May 1–June 30
457
§ 70.206 30 CFR Ch. I (7–1–20 Edition)
July 1–August 31 centration of dust to which the miner
September 1–October 31 is exposed.
November 1–December 31
(c) When the respirable dust standard
(b) Unless otherwise directed by the is changed in accordance with § 70.101,
District Manager, the DO samples shall the new applicable standard shall be-
be taken by placing the approved sam- come effective 7 calendar days after
pling device as specified in paragraphs the date of the notification of the
(b)(1) through (b)(10) of this section. change by MSHA.
(1) Conventional section using cutting (d) If a normal production shift is not
machine. On the cutting machine oper- achieved, the DO sample for that shift
ator or on the cutting machine within may be voided by MSHA. However, any
36 inches inby the normal working po- sample, regardless of production, that
sition; exceeds the applicable standard by at
(2) Conventional section blasting off the least 0.1 mg/m3 shall be used in the de-
solid. On the loading machine operator termination of the equivalent con-
or on the loading machine within 36 centration for that MMU.
inches inby the normal working posi-
(e) When a valid representative sam-
tion;
ple taken in accordance with this sec-
(3) Continuous mining section other
tion meets or exceeds the excessive
than auger-type. On the continuous
concentration value (ECV) in Table 70–
mining machine operator or on the
1 that corresponds to the applicable
continuous mining machine within 36
standard and particular sampling de-
inches inby the normal working posi-
vice used, the operator shall:
tion;
(4) Continuous mining machine; auger- (1) Make approved respiratory equip-
type. On the jacksetter who works ment available to affected miners in
nearest the working face on the return accordance with § 72.700 of this chapter;
air side of the continuous mining ma- (2) Immediately take corrective ac-
chine or at a location that represents tion to lower the concentration of res-
the maximum concentration of dust to pirable dust to at or below the applica-
which the miner is exposed; ble respirable dust standard; and
(5) Scoop section using cutting machine. (3) Make a record of the corrective
On the cutting machine operator or on actions taken. The record shall be cer-
the cutting machine within 36 inches tified by the mine foreman or equiva-
inby the normal working position; lent mine official, no later than the
(6) Scoop section, blasting off the solid. end of the mine foreman’s or equiva-
On the coal drill operator or on the lent official’s next regularly scheduled
coal drill within 36 inches inby the nor- working shift. The record shall be
mal working position; made in a secure book that is not sus-
(7) Longwall section. On the miner ceptible to alteration or electronically
who works nearest the return air side in a computer system so as to be secure
of the longwall working face or along and not susceptible to alteration. Such
the working face on the return side records shall be retained at a surface
within 48 inches of the corner; location at the mine for at least 1 year
(8) Hand loading section with a cutting and shall be made available for inspec-
machine. On the cutting machine oper- tion by authorized representatives of
ator or on the cutting machine within the Secretary and the representative of
36 inches inby the normal working po- miners.
sition; (f) Noncompliance with the applica-
(9) Hand loading section blasting off the ble standard is demonstrated during
solid. On the hand loader exposed to the the sampling period when:
greatest dust concentration or at a lo- (1) Two or more valid representative
cation that represents the maximum samples meet or exceed the ECV in
concentration of dust to which the Table 70–1 that corresponds to the ap-
miner is exposed; plicable standard and particular sam-
(10) Anthracite mine sections. On the pling device used; or
hand loader exposed to the greatest (2) The average for all valid rep-
dust concentration or at a location resentative samples meets or exceeds

that represents the maximum con- the ECV in Table 70–2 that corresponds
458
to the applicable standard and par- control measures used by the operator
ticular sampling device used. to abate the violation.
(g) Unless otherwise directed by the
District Manager, upon issuance of a § 70.207 Bimonthly sampling; des-
ignated areas.
citation for a violation of the applica-
ble standard involving a DO in an Until January 31, 2016:
MMU, paragraph (a) of this section (a) Each operator shall take one valid
shall not apply to that MMU until the representative sample from each des-
violation is abated and the citation is ignated area (DA) on a production shift
terminated in accordance with para- during each bimonthly period. The bi-
graphs (h) and (i) of this section. monthly periods are:
(h) Upon issuance of a citation for February 1–March 31
violation of the applicable standard, April 1–May 31
the operator shall take the following June 1–July 31
actions sequentially: August 1–September 30
(1) Make approved respiratory equip- October 1–November 30
ment available to affected miners in December 1–January 31.
accordance with § 72.700 of this chapter; (b) When the respirable dust standard
is changed in accordance with § 70.101,
(2) Immediately take corrective ac-
the new applicable standard shall be-
tion to lower the concentration of res-
come effective 7 calendar days after
pirable coal mine dust to at or below
the date of the notification of the
the applicable standard; and
change by MSHA.
(3) Make a record of the corrective (c) Upon notification from MSHA
actions taken. The record shall be cer- that any valid sample taken from a DA
tified by the mine foreman or equiva- to meet the requirements of paragraph
lent mine official, no later than the (a) of this section exceeds the applica-
end of the mine foreman’s or equiva- ble standard, the operator shall take
lent official’s next regularly scheduled five valid representative samples from
working shift. The record shall be that DA within 15 calendar days. The
made in a secure book that is not sus- operator shall begin such sampling on
ceptible to alteration or electronically the first day on which there is a pro-
in a computer system so as to be secure duction shift following the day of re-
and not susceptible to alteration. Such ceipt of notification.
records shall be retained at a surface (d) When a valid representative sam-
location at the mine for at least 1 year ple taken in accordance with this sec-
and shall be made available for inspection meets or exceeds the ECV in Table
tion by authorized representatives of 70–1 that corresponds to the applicable
the Secretary and the representative of standard and particular sampling de-
miners. vice used, the operator shall:
(4) Begin sampling, within 8 calendar (1) Make approved respiratory equip-
days after the date the citation is ment available to affected miners in
issued, the environment of the affected accordance with § 72.700 of this chapter;
occupation in the MMU on consecutive (2) Immediately take corrective ac-
normal production shifts until five tion to lower the concentration of res-
valid representative samples are taken. pirable coal mine dust to at or below
(i) A citation for a violation of the the applicable standard; and
applicable standard shall be termi- (3) Make a record of the corrective
nated by MSHA when: actions taken. The record shall be cer-
(1) Each of the five valid representa- tified by the mine foreman or equiva-
tive samples is at or below the applica- lent mine official, no later than the
ble standard; and end of the mine foreman’s or equiva-
(2) The operator has submitted to the lent official’s next regularly scheduled
District Manager revised dust control working shift. The record shall be
parameters as part of the mine ventila- made in a secure book that is not sus-
tion plan applicable to the MMU in the ceptible to alteration or electronically
citation, and the changes have been ap- in a computer system so as to be secure
proved by the District Manager. The and not susceptible to alteration. Such
revised parameters shall reflect the records shall be retained at a surface
459
§ 70.208 30 CFR Ch. I (7–1–20 Edition)
location at the mine for at least 1 year shifts until five valid representative
and shall be made available for inspec- samples are taken.
tion by authorized representatives of (h) A citation for a violation of the
the Secretary and the representative of applicable standard shall be termi-
miners. nated by MSHA when:
(e) Noncompliance with the applica- (1) Each of the five valid representa-
ble standard is demonstrated during tive samples is at or below the applica-
the sampling period when: ble standard; and
(1) Two or more valid representative (2) The operator has submitted to the
samples meet or exceed the ECV in District Manager revised dust control
Table 70–1 that corresponds to the ap- parameters as part of the mine ventila-
plicable standard and the particular tion plan applicable to the DA in the
sampling device used; or citation, and the changes have been ap-
(2) The average for all valid rep- proved by the District Manager. The
resentative samples meets or exceeds revised parameters shall reflect the
the ECV in Table 70–2 that corresponds control measures used by the operator
to the applicable standard and the par- to abate the violation.
ticular sampling device used.
(f) Unless otherwise directed by the § 70.208 Quarterly sampling; mecha-
nized mining units.
District Manager, upon issuance of a
citation for a violation of the applica- On February 1, 2016:
ble standard, paragraph (a) of this sec- (a) The operator shall sample each
tion shall not apply to that DA until calendar quarter:
the violation is abated and the citation (1) The designated occupation (DO) in
is terminated in accordance with para- each MMU on consecutive normal pro-
graphs (g) and (h) of this section. duction shifts until 15 valid representa-
(g) Upon issuance of a citation for tive samples are taken. The District
violation of the applicable standard, Manager may require additional groups
the operator shall take the following of 15 valid representative samples when
actions sequentially: information indicates the operator has
(1) Make approved respiratory equip- not followed the approved ventilation
ment available to affected miners in plan for any MMU.
accordance with § 72.700 of this chapter; (2) Each other designated occupation
(2) Immediately take corrective ac- (ODO) specified in paragraphs (b)(1)
tion to lower the concentration of res- through (b)(10) of this section in each
pirable coal mine dust to at or below MMU or specified by the District Man-
the applicable standard; and ager and identified in the approved
(3) Make a record of the corrective mine ventilation plan on consecutive
actions taken. The record shall be cer- normal production shifts until 15 valid
tified by the mine foreman or equiva- representative samples are taken.
lent mine official, no later than the Sampling of each ODO type shall begin
end of the mine foreman’s or equiva- after fulfilling the sampling require-
lent official’s next regularly scheduled ments of paragraph (a)(1) of this sec-
working shift. The record shall be tion. When required to sample more
made in a secure book that is not sus- than one ODO type, each ODO type
ceptible to alteration or electronically must be sampled over separate time pe-
in a computer system so as to be secure riods during the calendar quarter.
and not susceptible to alteration. Such (3) The quarterly periods are:
records shall be retained at a surface January 1–March 31
location at the mine for at least 1 year April 1–June 30
and shall be made available for inspec- July 1–September 30
tion by authorized representatives of October 1–December 31.
the Secretary and the representative of (b) Unless otherwise directed by the
miners. District Manager, the approved sam-
(4) Begin sampling, within 8 calendar pling device shall be worn by the miner
days after the date the citation is assigned to perform the duties of the
issued, the environment of the affected DO or ODO specified in paragraphs

DA on consecutive normal production (b)(1) through (b)(10) of this section or
460
by the District Manager for each type duction, that exceeds the applicable
of MMU. standard by at least 0.1 mg/m3 shall be
(1) Conventional section using cutting used in the determination of the equiv-
machine. DO—The cutting machine op- alent concentration for that occupa-
erator; tion.
(2) Conventional section blasting off the (e) When a valid representative sam-
solid. DO—The loading machine oper- ple taken in accordance with this sec-
ator; tion meets or exceeds the ECV in Table
(3) Continuous mining section other 70–1 that corresponds to the applicable
than auger-type. DO—The continuous standard and particular sampling de-
mining (CM) machine operator or mo- vice used, the operator shall:
bile bridge operator when using contin- (1) Make approved respiratory equip-
uous haulage; ODO—The roof bolting ment available to affected miners in
machine operator who works nearest accordance with § 72.700 of this chapter;
the working face on the return air side (2) Immediately take corrective ac-
of the continuous mining machine; the tion to lower the concentration of res-
face haulage operators on MMUs using pirable dust to at or below the applica-
blowing face ventilation; the face haul- ble respirable dust standard; and
age operators on MMUs ventilated by (3) Make a record of the corrective
split intake air (‘‘fishtail ventilation’’) actions taken. The record shall be cer-
as part of a super-section; and face tified by the mine foreman or equiva-
haulage operators where two contin- lent mine official, no later than the
uous mining machines are operated on end of the mine foreman’s or equiva-
an MMU. lent official’s next regularly scheduled
(4) Continuous mining section using working shift. The record shall be
auger-type machine. DO—The jacksetter made in a secure book that is not sus-
who works nearest the working face on ceptible to alteration or electronically
the return air side of the continuous in a computer system so as to be secure
mining machine; and not susceptible to alteration. Such
(5) Scoop section using cutting machine. records shall be retained at a surface
DO—The cutting machine operator; location at the mine for at least 1 year
(6) Scoop section, blasting off the solid. and shall be made available for inspec-
DO—The coal drill operator; tion by authorized representatives of
(7) Longwall section. DO—The the Secretary and the representative of
longwall operator working on the tail- miners.
gate side of the longwall mining ma- (f) Noncompliance with the applica-
chine; ODO—The jacksetter who works ble standard is demonstrated during
nearest the return air side of the the sampling period when:
longwall working face, and the me- (1) Three or more valid representa-
chanic; tive samples meet or exceed the ECV in
(8) Hand loading section with a cutting Table 70–1 that corresponds to the ap-
machine. DO—The cutting machine op- plicable standard and the particular
erator; sampling device used; or
(9) Hand loading section blasting off the (2) The average for all valid rep-
solid. DO—The hand loader exposed to resentative samples meets or exceeds
the greatest dust concentration; and the ECV in Table 70–2 that corresponds
(10) Anthracite mine sections. DO—The to the applicable standard and the par-
hand loader exposed to the greatest ticular sampling device used.
dust concentration. (g)(1) Unless otherwise directed by
(c) When the respirable dust standard the District Manager, upon issuance of
is changed in accordance with § 70.101, a citation for a violation of the appli-
the new applicable standard shall be- cable standard involving a DO in an
come effective 7 calendar days after MMU, paragraph (a)(1) shall not apply
the date of notification of the change to the DO in that MMU until the viola-
by MSHA. tion is abated and the citation is ter-
(d) If a normal production shift is not minated in accordance with paragraphs
achieved, the DO or ODO sample for (h) and (i) of this section.
that shift may be voided by MSHA. (2) Unless otherwise directed by the
However, any sample, regardless of pro- District Manager, upon issuance of a
461
§ 70.209 30 CFR Ch. I (7–1–20 Edition)
citation for a violation of the applica- § 70.209 Quarterly sampling; des-

ble standard involving a type of ODO in ignated areas.
an MMU, paragraph (a)(2) shall not On February 1, 2016:
apply to that ODO type in that MMU (a) The operator shall sample quar-
until the violation is abated and the ci- terly each designated area (DA) on con-
tation is terminated in accordance secutive production shifts until five
with paragraphs (h) and (i) of this sec- valid representative samples are taken.
tion. The quarterly periods are:
(h) Upon issuance of a citation for January 1–March 31
violation of the applicable standard, April 1–June 30
the operator shall take the following July 1–September 30
actions sequentially: October 1–December 31.
(1) Make approved respiratory equip- (b) When the respirable dust standard
ment available to affected miners in is changed in accordance with § 70.101,
accordance with § 72.700 of this chapter; the new applicable standard shall be-
(2) Immediately take corrective ac-
the date of the notification of the
tion to lower the concentration of res-
change by MSHA.
pirable coal mine dust to at or below (c) When a valid representative sam-
the applicable standard; and ple taken in accordance with this sec-
(3) Make a record of the corrective tion meets or exceeds the ECV in Table
actions taken. The record shall be cer- 70–1 that corresponds to the applicable
tified by the mine foreman or equiva- standard and particular sampling de-
lent mine official, no later than the vice used, the operator shall:
end of the mine foreman’s or equiva- (1) Make approved respiratory equip-
lent official’s next regularly scheduled ment available to affected miners in
working shift. The record shall be accordance with § 72.700 of this chapter;
made in a secure book that is not sus- (2) Immediately take corrective ac-
ceptible to alteration or electronically tion to lower the concentration of res-
in a computer system so as to be secure pirable dust to at or below the applica-
and not susceptible to alteration. Such ble respirable dust standard; and
records shall be retained at a surface (3) Make a record of the corrective
location at the mine for at least 1 year actions taken. The record shall be cer-
and shall be made available for inspec- tified by the mine foreman or equiva-
tion by authorized representatives of lent mine official, no later than the
the Secretary and the representative of end of the mine foreman’s or equiva-
miners. lent official’s next regularly scheduled
(4) Begin sampling, within 8 calendar working shift. The record shall be
days after the date the citation is made in a secure book that is not sus-
issued, the environment of the affected ceptible to alteration or electronically
occupation in the MMU on consecutive in a computer system so as to be secure
normal production shifts until five and not susceptible to alteration. Such
valid representative samples are taken. records shall be retained at a surface
location at the mine for at least 1 year
(i) A citation for violation of the ap-
and shall be made available for inspec-
plicable standard shall be terminated
tion by authorized representatives of
by MSHA when:
the Secretary and the representative of
(1) Each of the five valid representa- miners.
tive samples is at or below the applica- (d) Noncompliance with the applica-
ble standard; and ble standard is demonstrated during
(2) The operator has submitted to the the sampling period when:
District Manager revised dust control (1) Two or more valid representative
parameters as part of the mine ventila- samples meet or exceed the ECV in
tion plan applicable to the MMU in the Table 70–1 that corresponds to the ap-
citation and the changes have been applicable standard and the particular
proved by the District Manager. The sampling device used; or
revised parameters shall reflect the (2) The average for all valid rep-
control measures used by the operator resentative samples meets or exceeds

to abate the violation. the ECV in Table 70–2 that corresponds
462
to the applicable standard and par- § 70.210 Respirable dust samples;

ticular sampling device used. transmission by operator.
(e) Unless otherwise directed by the (a) If using a CMDPSU, the operator
District Manager, upon issuance of a shall transmit within 24 hours after the
citation for a violation of the applica- end of the sampling shift all samples
ble standard, paragraph (a) of this sec- collected to fulfill the requirements of
tion shall not apply to that DA until this part, including control filters, in
the violation is abated and the citation containers provided by the manufac-
is terminated in accordance with para- turer of the filter cassette to: Res-
graphs (f) and (g) of this section. pirable Dust Processing Laboratory,
(f) Upon issuance of a citation for a Pittsburgh Safety and Health Tech-
violation of the applicable standard, nology Center, 626 Cochrans Mill Road,
the operator shall take the following Building 38, Pittsburgh, PA 15236–3611,
actions sequentially: or to any other address designated by
(1) Make approved respiratory equip- the District Manager.
ment available to affected miners in (b) The operator shall not open or
accordance with § 72.700 of this chapter; tamper with the seal of any filter cas-
(2) Immediately take corrective ac- sette or alter the weight of any filter
tion to lower the concentration of res- cassette before or after it is used to ful-
pirable coal mine dust to at or below fill the requirements of this part.
the applicable standard; and (c) A person certified in sampling
(3) Make a record of the corrective shall properly complete the dust data
actions taken. The record shall be cer- card that is provided by the manufac-
tified by the mine foreman or equiva- turer for each filter cassette. The card
lent mine official, no later than the shall have an identification number
end of the mine foreman’s or equiva- identical to that on the cassette used
lent official’s next regularly scheduled to take the sample and be submitted to
working shift. The record shall be MSHA with the sample. Each card
made in a secure book that is not sus- shall be signed by the certified person
ceptible to alteration or electronically who actually performed the required
in a computer system so as to be secure examinations under 70.205(b) of this
and not susceptible to alteration. Such part during the sampling shift and
records shall be retained at a surface shall include that person’s MSHA Indi-
location at the mine for at least 1 year vidual Identification Number (MIIN).
and shall be made available for inspec- Respirable dust samples with data
tion by authorized representatives of cards not properly completed may be
the Secretary and the representative of voided by MSHA.
miners. (d) All respirable dust samples col-
(4) Begin sampling, within 8 calendar lected by the operator shall be consid-
days after the date the citation is ered taken to fulfill the sampling re-
issued, the environment of the affected quirements of part 70, 71, or 90 of this
DA on consecutive normal production title, unless the sample has been iden-
shifts until five valid representative tified in writing by the operator to the
samples are taken. District Manager, prior to the intended
(g) A citation for a violation of the sampling shift, as a sample to be used
applicable standard shall be termi- for purposes other than required by
nated by MSHA when: part 70, 71, or 90 of this title.
(1) Each of the five valid representa- (e) Respirable dust samples received
tive samples is at or below the applica- by MSHA in excess of those required by
ble standard; and this part shall be considered invalid
(2) The operator has submitted to the samples.
District Manager revised dust control (f) If using a CPDM, the person cer-
parameters as part of the mine ventila- tified in sampling shall (1) validate,
tion plan applicable to the DA in the certify, and transmit electronically to
citation, and the changes have been ap- MSHA within 24 hours after the end of
proved by the District Manager. The each sampling shift all sample data file
revised parameters shall reflect the information collected and stored in the
control measures used by the operator CPDM, including the sampling status
to abate the violation. conditions encountered when sampling;
463
§ 70.211 30 CFR Ch. I (7–1–20 Edition)
and (2) not tamper with the CPDM or port covering these respirable dust
its components in any way before, dur- samples.
ing, or after it is used to fulfill the re-
quirements of this part, or alter any § 70.212 Status change reports.
sample data files. All CPDM data files (a) If there is a change in operational
transmitted electronically to MSHA status that affects the respirable dust
shall be maintained by the operator for sampling requirements of this part, the
at least 12 months. operator shall report the change in
operational status of the mine, mecha-
FR 52989, Sept. 2, 2015] nized mining unit, or designated area
to the MSHA District Office or to any
§ 70.211 Respirable dust samples; re- other MSHA office designated by the
port to operator; posting. District Manager. Status changes shall
(a) MSHA shall provide the operator, be reported in writing or electronically
as soon as practicable, a report with within 3 working days after the status
the following data on respirable dust change has occurred.
samples submitted or whose results (b) Each specific operational status is
were transmitted electronically, if defined as follows:
using a CPDM, in accordance with this (1) Underground mine:
(i) Producing—has at least one MMU
part:
unit producing material.
(1) The mine identification number;
(ii) Nonproducing—no material is
(2) The locations within the mine being produced.
from which the samples were taken; (iii) Abandoned—the work of all min-
(3) The concentration of respirable ers has been terminated and production
dust, expressed as an equivalent con- activity has ceased.
centration for each valid sample; (2) MMU:
(4) The average equivalent concentra- (i) Producing—producing material
tion of respirable dust for all valid from a working section.
samples; (ii) Nonproducing—temporarily
(5) The occupation code, where appli- ceased production of material.
cable; and (iii) Abandoned—permanently ceased
(6) The reason for voiding any sam- production of material.
ple. (3) DA:
(b) Upon receipt, the operator shall (i) Producing—activity is occurring.
post this data for at least 31 days on (ii) Nonproducing—activity has
the mine bulletin board. ceased.
(c) If using a CPDM, the person cer- (iii) Abandoned—the dust generating
tified in sampling shall, within 12 source has been withdrawn and activ-
hours after the end of each sampling ity has ceased.
shift, print, sign, and post on the mine
bulletin board a paper record (Dust TABLE 70–1 TO SUBPART C OF PART 70—
Data Card) of the sample run. This EXCESSIVE CONCENTRATION VALUES
hard-copy record shall include the data (ECV) BASED ON SINGLE, FULL-
entered when the sample run was first SHIFT CMDPSU/CPDM CONCENTRA-
programmed, and the following: TION MEASUREMENTS
(1) The mine identification number; ECV (mg/m3)
Applicable standard
(2) The locations within the mine (mg/m3) CMDPSU CPDM
from which the samples were taken;
(3) The concentration of respirable 2.0 .............................................. 2.33 2.26
dust, expressed as an equivalent con- 1.9 .............................................. 2.22 2.15
1.8 .............................................. 2.12 2.04
centration reported and stored for each 1.7 .............................................. 2.01 1.92
sample; 1.6 .............................................. 1.90 1.81
(4) The sampling status conditions 1.5 .............................................. 1.79 1.70
1.4 .............................................. 1.69 1.58
encountered for each sample; and 1.3 .............................................. 1.59 1.47
(5) The shift length. 1.2 .............................................. 1.47 1.36
(d) The information required by para- 1.1 .............................................. 1.37 1.25
1.0 .............................................. 1.26 1.13

graph (c) of this section shall remain 0.9 .............................................. 1.16 1.02
posted until receipt of the MSHA re- 0.8 .............................................. 1.05 0.91
464
ECV (mg/m3) ECV (mg/m3)

Applicable standard Applicable standard
(mg/m3) (mg/m3)
CMDPSU CPDM CMDPSU CPDM
0.7 .............................................. 0.95 0.79 0.4 .............................................. 0.65 0.46

0.6 .............................................. 0.85 0.68 0.3 .............................................. 0.54 0.34
0.5 .............................................. 0.74 0.57 0.2 .............................................. 0.44 0.23
TABLE 70–2 TO SUBPART C OF PART 70—EXCESSIVE CONCENTRATION VALUES (ECV)

BASED ON THE AVERAGE OF 5 OR 15 FULL-SHIFT CMDPSU/CPDM CONCENTRATION
MEASUREMENTS
ECV (mg/m3) based on ECV (mg/m3) based on
Applicable standard 5-sample average 15-sample average
(mg/m3)
CMDPSU CPDM CMDPSU CPDM
2.0 ......................................................................................................... 2.15 2.12 2.09 2.07

1.9 ......................................................................................................... 2.05 2.01 1.99 1.97
1.8 ......................................................................................................... 1.94 1.91 1.89 1.87
1.7 ......................................................................................................... 1.84 1.80 1.78 1.76
1.6 ......................................................................................................... 1.74 1.70 1.68 1.66
1.5 ......................................................................................................... 1.63 1.59 1.58 1.56
1.4 ......................................................................................................... 1.53 1.49 1.48 1.45
1.3 ......................................................................................................... 1.43 1.38 1.38 1.35
1.2 ......................................................................................................... 1.33 1.27 1.28 1.25
1.1 ......................................................................................................... 1.22 1.17 1.17 1.14
1.0 ......................................................................................................... 1.12 1.06 1.07 1.04
0.9 ......................................................................................................... 1.02 0.96 0.97 0.94
0.8 ......................................................................................................... 0.92 0.85 0.87 0.83
0.7 ......................................................................................................... 0.81 0.75 0.77 0.73
0.6 ......................................................................................................... 0.71 0.64 0.67 0.63
0.5 ......................................................................................................... 0.61 0.53 0.57 0.52
0.4 ......................................................................................................... 0.51 0.43 0.47 0.42
0.3 ......................................................................................................... 0.41 0.32 0.37 0.32
0.2 ......................................................................................................... 0.31 0.22 0.27 0.21
Subpart D [Reserved] (2) In the area of the section loading

point if diesel haulage equipment is op-
erated on the working section;
Subpart E—Dust From Drilling Rock
(3) At a point inby the last piece of
[Reserved] diesel equipment on the longwall or
shortwall face when mining equipment
Subparts F–S [Reserved] is being installed or removed; and
(4) In any other area designated by
Subpart T—Diesel Exhaust Gas the district manager as specified in the
Monitoring mine operator’s approved ventilation
plan where diesel equipment is oper-
§ 70.1900 Exhaust Gas Monitoring. ated in a manner which can result in
(a) During on-shift examinations re- significant concentrations of diesel ex-
haust.
quired by § 75.362, a certified person as
defined by § 75.100 of this chapter and (b) Samples of CO and NO2 shall be—
designated by the operator as trained (1) Collected in a manner that makes
or experienced in the appropriate sam- the results available immediately to
the person collecting the samples;
pling procedures, shall determine the
concentration of carbon monoxide (CO) (2) Collected and analyzed by appro-
and nitrogen dioxide (NO2): priate instrumentation which has been
maintained and calibrated in accord-
(1) In the return of each working sec-
ance with the manufacturer’s rec-
tion where diesel equipment is used, at
ommendations; and
a location which represents the con-
(3) Collected during periods that are
tribution of all diesel equipment on

representative of conditions during
such section; normal operations.
465
Pt. 71 30 CFR Ch. I (7–1–20 Edition)
(c) Except as provided in § 75.325(j) of PART 71—MANDATORY HEALTH

this chapter, when sampling results in- STANDARDS—SURFACE COAL
dicate a concentration of CO and/or MINES AND SURFACE WORK
NO2 exceeding an action level of 50 per-
cent of the threshold limit values
AREAS OF UNDERGROUND COAL
(TLV®) adopted by the American Con- MINES
ference of Governmental Industrial Hy-
gienists, the mine operator shall imme- Subpart A—General
diately take appropriate corrective ac- Sec,
tion to reduce the concentrations of CO 71.1 Scope.
and/or NO2 to below the applicable ac- 71.2 Definitions.
tion level. The publication, ‘‘Threshold
Limit Values for Substance in Work- Subpart B—Dust Standards
room Air’’ (1972) is incorporated by ref- 71.100 Respirable dust standard.
erence and may be inspected at 71.101 Respirable dust standard when quartz
MSHA’s Office of Standards, Regula- is present.
tions, and Variances, 201 12th Street
South, Arlington, VA 22202–5452; 202– Subpart C—Sampling Procedures
693–9440; at any MSHA Coal Mine Safe- 71.201 Sampling; general and technical re-
ty and Health District Office; or at the quirements.
National Archives and Records Admin- 71.202 Certified person; sampling.
istration (NARA). For information on 71.203 Certified person; maintenance and
the availability of this material at calibration.
71.204 Approved sampling devices; mainte-
NARA, call 202–741–6030, or go to: http:// nance and calibration.
www.archives.gov/federallregister/ 71.205 Approved sampling devices; oper-
codeloflfederallregulations/ ation; air flowrate.
ibrllocations.html. This incorporation 71.206 Quarterly sampling; designated work
by reference was approved by the Di- positions.
rector of the Federal Register in ac- 71.207 Respirable dust samples; trans-
cordance with 5 U.S.C. 552(a) and 1 CFR mission by operator.
part 51. In addition, copies of the docu- 71.208 Respirable dust samples; report to op-
erator; posting.
ment may be purchased from the 71.209 Status change reports.
American Conference of Governmental
Industrial Hygienists, 1330 Kemper Subpart D—Respirable Dust Control Plans
Meadow Drive, Attn: Customer Service,
Cincinnati, OH 45240; 513–742–2020; http:// 71.300 Respirable dust control plan; filing
www.acgih.org. requirements.
71.301 Respirable dust control plan; ap-
(d) A record shall be made when sam- proval by District Manager and posting.
pling results exceed the action level for
the applicable TLV ® for CO and/or NO2. Subpart E—Surface Bathing Facilities,
The record shall be made as part of and Change Rooms, and Sanitary Flush Toi-
in the same manner as the records for let Facilities at Surface Coal Mines
hazards required by § 75.363 of this
chapter and include the following: 71.400 Bathing facilities; change rooms; san-
itary flush toilet facilities.
(1) Location where each sample was 71.401 Location of facilities.
collected; 71.402 Minimum requirements for bathing
(2) Substance sampled and the meas- facilities, change rooms, and sanitary
ured concentration; and flush toilet facilities.
(3) Corrective action taken to reduce 71.403 Waiver of surface facilities require-
the concentration of CO and/or NO2 to ments; posting of waiver.
71.404 Application for waiver of surface fa-
or below the applicable action level. cilities requirements.
(e) As of November 25, 1997 exhaust
gas monitoring shall be conducted in Subpart F—Sanitary Toilet Facilities at
accordance with the requirements of Surface Worksites of Surface Coal Mines
this section.
71.500 Sanitary toilet facilities at surface
[61 FR 55526, Oct. 25, 1996, as amended at 67 work sites; installation requirements.
FR 38385, June 4, 2002; 71 FR 16667, Apr. 3, 71.501 Sanitary toilet facilities; mainte-
2006; 80 FR 52989, Sept. 2, 2015] nance.
466
Subpart G—Drinking Water Concentration. A measure of the

amount of a substance contained per
71.600 Drinking water; general.
71.601 Drinking water; quality.
unit volume of air.
71.602 Drinking water; distribution. Continuous personal dust monitor
71.603 Drinking water; dispensing require- (CPDM). A personal sampling device
ments. approved under part 74, subpart C, of
this title.
Subpart H—Airborne Contaminants Designated work position (DWP). A
71.700 Inhalation hazards; threshold limit work position in a surface coal mine
values for gases, dust, fumes, mists, and and surface work area of an under-
vapors. ground coal mine designated for sam-
71.701 Sampling; general requirements. pling to measure respirable dust gen-
71.702 Asbestos standard. eration sources in the active workings.
AUTHORITY: 30 U.S.C. 811, 813(h), 957. Each DWP will be assigned a four-digit
number assigned by MSHA identifying
SOURCE: 37 FR 6368, Mar. 28, 1972, unless
the specific physical portion of the
otherwise noted.
mine that is affected, followed by a
three-digit MSHA coal mining occupa-
Subpart A—General tion code describing the location to
which a miner is assigned in the per-
SOURCE: 79 FR 24980, May 1, 2014, unless formance of his or her regular duties.
otherwise noted. District Manager. The manager of the
Coal Mine Safety and Health District
§ 71.1 Scope. in which the mine is located.
This part 71 sets forth mandatory Equivalent concentration. The con-
health standards for each surface coal centration of respirable coal mine dust,
mine and for the surface work areas of including quartz, expressed in milli-
each underground coal mine subject to grams per cubic meter of air (mg/m3) as
the Federal Mine Safety and Health measured with an approved sampling
Act of 1977, as amended. device, determined by dividing the
weight of dust in milligrams collected
§ 71.2 Definitions. on the filter of an approved sampling
The following definitions apply in device by the volume of air in cubic
this part. meters passing through the filter (sam-
Act. The Federal Mine Safety and pling time in minutes (t) times the
Health Act of 1977, Public Law 91–173, sampling airflow rate in cubic meters
as amended by Public Law 95–164 and per minute), and then converting that
Public Law 109–236. concentration to an equivalent con-
Active workings. Any place in a sur- centration as measured by the Mining
face coal mine or the surface work area Research Establishment (MRE) instru-
of an underground coal mine where ment. When the approved sampling de-
miners are normally required to work vice is:
or travel. (1) The CMDPSU, the equivalent con-
Approved sampling device. A sampling centration is determined by multi-
device approved by the Secretary and plying the concentration of respirable
Secretary of Health and Human Serv- coal mine dust by the constant factor
ices (HHS) under part 74 of this title. prescribed by the Secretary.
Certified person. An individual cer- (2) The CPDM, the device shall be
tified by the Secretary in accordance programmed to automatically report
with § 71.202 to take respirable dust end-of-shift concentration measure-
samples required by this part or cer- ments as equivalent concentrations.
tified in accordance with § 71.203 to per- MRE instrument. The gravimetric
form maintenance and calibration of dust sampler with a four channel hori-
respirable dust sampling equipment as zontal elutriator developed by the Min-
required by this part. ing Research Establishment of the Na-
Coal mine dust personal sampler unit tional Coal Board, London, England.
(CMDPSU). A personal sampling device MSHA. The Mine Safety and Health
approved under part 74, subpart B, of Administration of the U.S. Department

this title. of Labor.
467
§ 71.100 30 CFR Ch. I (7–1–20 Edition)
Normal work shift. (1) A shift during of extracting bituminous coal, lignite,
which the regular duties of the DWP or anthracite from its natural deposits
are performed while routine day-to-day underground by any means or method,
mining activities are occurring in the and the work of preparing the coal so
rest of the mine and extracted, including custom coal prep-
(2) A shift during which there is no aration facilities.
rain, or, if rain occurs, the rain does Surface worksite. Any area in which
not suppress the respirable dust to the miners work at a surface coal mine or
extent that sampling results will be surface work area of an underground
measurably lower, in the judgment of coal mine.
the person certified under this part to Valid respirable dust sample. A res-
conduct sampling. pirable dust sample collected and sub-
Quartz. Crystalline silicon dioxide mitted as required by this part, includ-
(SiO2) not chemically combined with ing any sample for which the data were
other substances and having a distinc- electronically transmitted to MSHA,
tive physical structure. and not voided by MSHA.
Representative sample. A respirable Work position. An occupation identi-
dust sample, expressed as an equivalent fied by an MSHA three-digit code num-
concentration, that reflects typical ber describing a location to which a
dust concentration levels in the work- miner is assigned in the performance of
ing environment of the DWP when per- his or her normal duties.
forming normal duties.
Respirable dust. Dust collected with a Subpart B—Dust Standards
sampling device approved by the Sec-
retary and the Secretary of HHS in ac- SOURCE: 79 FR 24981, May 1, 2014, unless
cordance with part 74 (Coal Mine Dust otherwise noted.
Sampling Devices) of this title.
Secretary. The Secretary of Labor or § 71.100 Respirable dust standard.
a delegate. Each operator shall continuously
Surface area. A specific physical por- maintain the average concentration of
tion of a surface coal mine or surface respirable dust in the mine atmosphere
area of an underground coal mine. during each shift to which each miner
These areas are assigned a four-digit in the active workings of each mine is
identification number by MSHA. exposed, as measured with an approved
Surface coal mine. A surface area of sampling device and expressed in terms
land and all structures, facilities, ma- of an equivalent concentration, at or
chinery, tools, equipment, excavations, below:
and other property, real or personal, (a) 2.0 milligrams of respirable dust
placed upon or above the surface of per cubic meter of air (mg/m3).
such land by any person, used in, or to (b) 1.5 mg/m3 as of August 1, 2016.
be used in, or resulting from, the work
of extracting in such area bituminous § 71.101 Respirable dust standard
coal, lignite, or anthracite from its when quartz is present.
natural deposits in the earth by any (a) Each operator shall continuously
means or method, and the work of pre- maintain the average concentration of
paring the coal so extracted, including respirable quartz dust in the mine at-
custom coal preparation facilities. mosphere during each shift to which
Surface installation. Any structure in each miner in the active workings of
which miners work at a surface coal each mine is exposed at or below 0.1
mine or surface work area of an under- mg/m3 (100 micrograms per cubic meter
ground coal mine. or μg/m3) as measured with an approved
Surface work area of an underground sampling device and expressed in terms
mine. The surface areas of land and all of an equivalent concentration.
structures, facilities, machinery, tools, (b) When the equivalent concentra-
equipment, shafts, slopes, excavations, tion of respirable quartz dust exceeds
and other property, real or personal, 100 μg/m3, the operator shall continu-
placed in, upon or above the surface of ously maintain the average concentra-
such land by any person, used in, or to tion of respirable dust in the mine at-
be used in, or resulting from, the work mosphere during each shift to which
468
each miner in the active workings is (2) A CPDM, the operator shall
exposed as measured with an approved switch-out the CPDM with a fully
sampling device and expressed in terms charged device prior to the 13th-hour of
of an equivalent concentration at or operation.
below the applicable standard. The ap- (c) If using a CMDPSU, one control
plicable standard is computed by divid- filter shall be used for each shift of
ing the percent of quartz into the num- sampling. Each control filter shall:
ber 10. The application of this formula (1) Have the same pre-weight data
shall not result in the applicable stand- (noted on the dust data card) as the fil-
ard that exceeds the standard estab- ters used for sampling;
lished by § 71.100(a) of this section. (2) Remain plugged at all times;
Example: Assume the sampled DWP
(3) Be used for the same amount of
is on a 1.5-mg/m3 dust standard. Sup-
time, and exposed to the same tem-
pose a valid representative dust sample
perature and handling conditions as
with an equivalent concentration of
the filters used for sampling; and
1.09 mg/m3 contains 16.7% of quartz
dust, which corresponds to a quartz (4) Be kept with the exposed samples
concentration of 182 μg/m3. Therefore, after sampling and in the same mailing
the average concentration of respirable container when transmitted to MSHA.
dust in the mine atmosphere associated (d) Records showing the length of
with that DWP shall be maintained on each normal work shift for each DWP
each shift at or below 0.6 mg/m3 (10/ shall be made and retained for at least
16.7% = 0.6 mg/m3). six months and shall be made available
for inspection by authorized represent-
atives of the Secretary and the rep-
Subpart C—Sampling Procedures resentative of miners, and submitted to
the District Manager when requested
SOURCE: 79 FR 24982, May 1, 2014, unless in writing.
otherwise noted.
(e) Upon request from the District
§ 71.201 Sampling; general and tech- Manager, the operator shall submit the
nical requirements. date and time any respirable dust sam-
(a) Each operator shall take rep- pling required by this part will begin.
resentative samples of the concentra- This information shall be submitted at
tion of respirable dust in the active least 48 hours prior to scheduled sam-
workings of the mine as required by pling.
this part only with an approved (f) Upon written request by the oper-
CMDPSU. On February 1, 2016, the op- ator, the District Manager may waive
erator may use an approved CPDM if the rain restriction for a normal work
the operator notifies the District Man- shift as defined in § 71.2 for a period not
ager in writing that only an approved to exceed two months, if the District
CPDM will be used for all DWP sam- Manager determines that:
pling at the mine. The notification (1) The operator will not have reason-
must be received at least 90 days before able opportunity to complete the res-
the beginning of the quarter in which pirable dust sampling required by this
CPDMs will be used to collect the DWP part without the waiver because of the
samples. frequency of rain; and
(b) Sampling devices shall be worn or (2) The operator did not have reason-
carried directly to and from the DWP able opportunity to complete the res-
to be sampled. Sampling devices shall pirable dust sampling required by this
remain with the DWP and shall be part prior to requesting the waiver.
operational during the entire shift, (g) Operators using CPDMs shall pro-
which includes the total time spent in vide training to all miners expected to
the DWP and while traveling to and wear the CPDM. The training shall be
from the DWP being sampled. If the completed prior to a miner wearing the
work shift to be sampled is longer than CPDM and then every 12 months there-
12 hours and the sampling device is: after. The training shall include:
(1) A CMDPSU, the operator shall (1) The importance of monitoring
switch-out the unit’s sampling pump dust concentrations and properly wear-
prior to the 13th-hour of operation. ing the CPDM;
469
§ 71.202 30 CFR Ch. I (7–1–20 Edition)
(2) Explaining the basic features and in maintenance and calibration proce-
capabilities of the CPDM; dures for approved sampling devices.
(3) Discussing the various types of in- Necessary maintenance of the sampling
formation displayed by the CPDM and head assembly of a CMDPSU, or the cy-
how to access that information; and clone assembly of a CPDM, can be per-
(4) How to start and stop a short- formed by persons certified in sampling
term sample run during compliance or maintenance and calibration.
sampling. (c) To maintain certification, a per-
(h) An operator shall keep a record of son must pass the MSHA examination
the CPDM training at the mine site for demonstrating competency in mainte-
24 months after completion of the nance and calibration procedures every
training. An operator may keep the three years.
record elsewhere if the record is imme- (d) MSHA may revoke a person’s cer-
diately accessible from the mine site tification for failing to properly carry
by electronic transmission. Upon re- out the required maintenance and cali-
quest from an authorized representa- bration procedures.
tive of the Secretary, Secretary of
HHS, or representative of miners, the § 71.204 Approved sampling devices;
operator shall promptly provide access maintenance and calibration.
to any such training records. The (a) Approved sampling devices shall
record shall include: be maintained as approved under part
(1) The date of training; 74 of this chapter and calibrated in ac-
(2) The names of miners trained; and cordance with MSHA Informational
(3) The subjects included in the train- Report IR 1240 (1996) ‘‘Calibration and
ing. Maintenance Procedures for Coal Mine
Respirable Dust Samplers’’ or in ac-
§ 71.202 Certified person; sampling. cordance with the manufacturer’s rec-
(a) The respirable dust sampling re- ommendations if using a CPDM. Only
quired by this part shall be performed persons certified in maintenance and
by a certified person. calibration can perform maintenance
(b) To be certified, a person shall work on the CPDM or on the pump unit
complete the applicable MSHA course of the CMDPSU.
of instruction and pass the MSHA ex- (b) Sampling devices shall be cali-
amination demonstrating competency brated at the flowrate of 2.0 liters of
in sampling procedures. Persons not air per minute (L/min) if using a
certified in sampling, and those cer- CMDPSU, or at 2.2 L/min if using a
tified only in maintenance and calibra- CPDM, or at a different flowrate rec-
tion procedures in accordance with ommended by the manufacturer, before
§ 71.203(b), are not permitted to collect they are put into service and, there-
(c) To maintain certification, a per- (c) If using a CMDPSU, sampling de-
son must pass the MSHA examination vices shall be examined and tested by a
demonstrating competency in sampling person certified in sampling or in
procedures every three years. maintenance and calibration within 3
(d) MSHA may revoke a person’s cer- hours before the start of the shift on
tification for failing to properly carry which the approved sampling devices
out the required sampling procedures. will be used to collect respirable dust
samples. This is to assure that the
§ 71.203 Certified person; maintenance sampling devices are clean and in prop-
and calibration. er working condition. This examina-
(a) Approved sampling devices shall tion and testing shall include the fol-
be maintained and calibrated by a cer- lowing:
tified person. (1) Examination of all components of
(b) To be certified, a person shall the cyclone assembly to assure that
complete the applicable MSHA course they are clean and free of dust and dirt.
of instruction and pass the MSHA ex- This includes examining the interior of
amination demonstrating competency the connector barrel (located between
470
the cassette assembly and vortex find- obtain a copy at MSHA, Coal Mine
er), vortex finder, cyclone body, and Safety and Health, 201 12th Street
grit pot; South, Arlington, VA 22202–5452; 202–
(2) Examination of the inner surface 693–9500; and at each MSHA Coal Mine
of the cyclone body to assure that it is Safety and Health District Office, or at
free of scoring or scratch marks on the the National Archives and Records Ad-
inner surface of the cyclone where the ministration (NARA). For information
air flow is directed by the vortex finder on the availability of this material at
into the cyclone body; NARA, call 202–741–6030, or go to: http://
(3) Examination of the external hose www.archives.gov/federallregister/
connecting the pump unit to the sam- codeloflfederallregulations/
pling head assembly to assure that it is ibrllocations.html.
clean and free of leaks; and [79 FR 24982, May 1, 2014, as amended at 80
(4) Examination of the clamping and FR 52989, Sept. 2, 2015]
positioning of the cyclone body, vortex
finder, and cassette to assure that they § 71.205 Approved sampling devices;
are rigid, in alignment, firmly in con- operation; air flowrate.
tact, and airtight. (a) Approved sampling devices shall
(5) Testing the voltage of each bat- be operated at the flowrate of 2.0 L/
tery while under actual load to assure min, if using a CMDPSU; at 2.2 L/min,
the battery is fully charged. This re- if using a CPDM; or at a different
quires that a fully assembled and ex- flowrate recommended by the manufac-
amined sampling head assembly be at- turer.
tached to the pump inlet with the (b) If using a CMDPSU, each sam-
pump unit running when the voltage pling device shall be examined each
check is made. The voltage for the bat- shift by a person certified in sampling
teries used in the CMDPSU shall not be during:
lower than the product of the number (1) The second hour after being put
of cells in the battery multiplied by into operation to assure it is in the
the manufacturer’s nominal voltage proper location, operating properly,
per cell value. and at the proper flowrate. If the prop-
(d) If using a CPDM, the certified per- er flowrate is not maintained, nec-
son in sampling or in maintenance and essary adjustments shall be made by
calibration shall: the certified person.
(1) Follow the pre-operational exami- (2) The last hour of operation to as-
nations, testing, and set-up procedures, sure that it is operating properly and
and perform necessary external main- at the proper flowrate. If the proper
tenance recommended by the manufac- flowrate is not maintained, the res-
turer to assure the operational readi- pirable dust sample shall be trans-
ness of the CPDM within 3 hours before mitted to MSHA with a notation by
the start of the shift on which the sam- the certified person on the back of the
pling devices will be used to collect dust data card stating that the proper
respirable dust samples; and flowrate was not maintained. Other
(2) Perform other required scheduled events occurring during the collection
examinations and maintenance proce- of respirable dust samples that may af-
dures recommended by the manufac- fect the validity of the sample, such as
turer. dropping of the sampling head assem-
(e) You must proceed in accordance bly onto the mine floor, shall be noted
with ‘‘Calibration and Maintenance on the back of the dust data card.
Procedures for Coal Mine Respirable (c) If using a CPDM, the person cer-
Dust Samplers,’’ MSHA Informational tified in sampling shall monitor the
Report IR 1240 (1996), referenced in dust concentrations and the sampling
paragraph (a) of this section. The Di- status conditions being reported by the
rector of the Federal Register approves sampling device at mid-shift or more
this incorporation by reference in ac- frequently as specified in the approved
cordance with 5 U.S.C. 552(a) and 1 CFR respirable dust control plan, if applica-
part 51. You may obtain a copy from ble, to assure: The sampling device is
the MSHA Web site at http:// in the proper location and operating
www.msha.gov and you may inspect or properly; and the work environment of
471
§ 71.206 30 CFR Ch. I (7–1–20 Edition)
the occupation being sampled remains the person certified in sampling on the
in compliance with the applicable back of the dust data card stating that
standard at the end of the shift. the sample was not taken on a normal
work shift. When a normal work shift
§ 71.206 Quarterly sampling; des- is not achieved, the sample for that
ignated work positions. shift may be voided by MSHA. How-
(a) Each operator shall take one valid ever, any sample, regardless of whether
representative sample from the DWP a normal work shift was achieved, that
during each quarterly period. The quar- exceeds the applicable standard by at
terly periods are: least 0.1 mg/m3 shall be used in the de-
January 1–March 31 termination of the equivalent con-
April 1–June 30 centration for that occupation.
July 1–September 30 (f) Unless otherwise directed by the
October 1–December 31. District Manager, DWP samples shall
(b) When the respirable dust standard be taken by placing the sampling de-
is changed in accordance with § 71.101, vice as follows:
the new applicable standard shall be- (1) Equipment operator: On the equip-
come effective 7 calendar days after ment operator or on the equipment
the date of the notification of the within 36 inches of the operator’s nor-
change by MSHA. mal working position.
(c) Designated work position samples
(2) Non-equipment operators: On the
shall be collected at locations to meas-
miner assigned to the DWP or at a lo-
ure respirable dust generation sources
cation that represents the maximum
in the active workings. The specific
concentration of dust to which the
work positions at each mine where
miner is exposed.
DWP samples shall be collected in-
clude: (g) Upon notification from MSHA
(1) Each highwall drill operator that any valid representative sample
(MSHA occupation code 384); taken from a DWP to meet the require-
(2) Bulldozer operators (MSHA occu- ments of paragraph (a) of this section
pation code 368); and exceeds the applicable standard, the
(3) Other work positions designated operator shall, within 15 calendar days
by the District Manager for sampling of notification, sample that DWP each
in accordance with § 71.206(m). normal work shift until five valid rep-
(d) Operators with multiple work po- resentative samples are taken. The op-
sitions specified in paragraph (c)(2) and erator shall begin sampling on the first
(c)(3) of this section shall sample the normal work shift following receipt of
DWP exposed to the greatest respirable notification.
dust concentration in each work posi- (h) When a valid representative sam-
tion performing the same activity or ple taken in accordance with this sec-
task at the same location at the mine tion meets or exceeds the excessive
and exposed to the same dust genera- concentration value (ECV) in Table 71–
tion source. Each operator shall pro- 1 that corresponds to the applicable
vide the District Manager with a list standard and particular sampling de-
identifying the specific work positions vice used, the operator shall:
where DWP samples will be collected (1) Make approved respiratory equip-
for: ment available to affected miners in
(1) Active mines—by October 1, 2014. accordance with § 72.700 of this chapter;
(2) New mines—Within 30 calendar (2) Immediately take corrective ac-
days of mine opening. tion to lower the concentration of res-
(3) DWPs with a change in oper- pirable coal mine dust to at or below
ational status that increases or reduces the applicable standard; and
the number of active DWPs—within 7 (3) Make a record of the corrective
calendar days of the change in status. actions taken. The record shall be cer-
(e) Each DWP sample shall be taken tified by the mine foreman or equiva-
on a normal work shift. If a normal lent mine official, no later than the
work shift is not achieved, the res- end of the mine foreman’s or equiva-
pirable dust sample shall be trans- lent official’s next regularly scheduled
mitted to MSHA with a notation by working shift. The record shall be
472
made in a secure book that is not sus- (4) Begin sampling, within 8 calendar
ceptible to alteration or electronically days after the date the citation is
in a computer system so as to be secure issued, the environment of the affected
and not susceptible to alteration. Such DWP on consecutive normal work
records shall be retained at a surface shifts until five valid representative
location at the mine for at least 1 year samples are taken.
and shall be made available for inspec- (l) A citation for violation of the ap-
tion by authorized representatives of plicable standard shall be terminated
the Secretary and the representative of by MSHA when the equivalent con-
miners. centration of each of the five valid rep-
(i) Noncompliance with the applica- resentative samples is at or below the
ble standard is demonstrated during applicable standard.
the sampling period when:
(1) Two or more valid representative TABLE 71–1—EXCESSIVE CONCENTRATION VAL-
samples meet or exceed the ECV in UES (ECV) BASED ON SINGLE, FULL-SHIFT
Table 71–1 that corresponds to the ap- CMDPSU/CPDM CONCENTRATION MEASURE-
plicable standard and the particular MENTS
sampling device used; or ECV
(2) The average for all valid rep- Applicable standard (mg/m3)
(mg/m3)
resentative samples meets or exceeds CMDPSU CPDM
the ECV in Table 71–2 that corresponds
to the applicable standard and the par- 2.0 ...................................... 2.33 2.26
1.9 ...................................... 2.22 2.15
ticular sampling device used. 1.8 ...................................... 2.12 2.04
(j) Unless otherwise directed by the 1.7 ...................................... 2.01 1.92
District Manager, upon issuance of a 1.6 ...................................... 1.90 1.81
1.5 ...................................... 1.79 1.70
citation for a violation of the applica- 1.4 ...................................... 1.69 1.58
ble standard, paragraph (a) of this sec- 1.3 ...................................... 1.59 1.47
tion shall not apply to that DWP until 1.2 ...................................... 1.47 1.36
the violation is abated and the citation 1.1 ...................................... 1.37 1.25
1.0 ...................................... 1.26 1.13
is terminated in accordance with para- 0.9 ...................................... 1.16 1.02
graphs (k) and (l) of this section. 0.8 ...................................... 1.05 0.91
(k) Upon issuance of a citation for 0.7 ...................................... 0.95 0.79
0.6 ...................................... 0.85 0.68
violation of the applicable standard, 0.5 ...................................... 0.74 0.57
the operator shall take the following 0.4 ...................................... 0.65 0.46
actions sequentially: 0.3 ...................................... 0.54 0.34
0.2 ...................................... 0.44 0.23
(1) Make approved respiratory equip-
ment available to affected miners in
accordance with § 72.700 of this chapter; TABLE 71–2—EXCESSIVE CONCENTRATION VAL-
(2) Immediately take corrective ac- UES (ECV) BASED ON THE AVERAGE OF 5
tion to lower the concentration of res- FULL-SHIFT CMDPSU/CPDM CONCENTRA-
pirable coal mine dust to at or below TION MEASUREMENTS
the applicable standard; and ECV
(3) Make a record of the corrective Applicable standard (mg/m3)
actions taken. The record shall be cer- (mg/m3)
CMDPSU CPDM
tified by the mine foreman or equiva-
lent mine official, no later than the 2.0 ...................................... 2.15 2.12
1.9 ...................................... 2.05 2.01
end of the mine foreman’s or equiva- 1.8 ...................................... 1.94 1.91
lent official’s next regularly scheduled 1.7 ...................................... 1.84 1.80
working shift. The record shall be 1.6 ...................................... 1.74 1.70
made in a secure book that is not sus- 1.5 ...................................... 1.63 1.59
1.4 ...................................... 1.53 1.49
ceptible to alteration or electronically 1.3 ...................................... 1.43 1.38
in a computer system so as to be secure 1.2 ...................................... 1.33 1.27
and not susceptible to alteration. Such 1.1 ...................................... 1.22 1.17
1.0 ...................................... 1.12 1.06
records shall be retained at a surface 0.9 ...................................... 1.02 0.96
location at the mine for at least 1 year 0.8 ...................................... 0.92 0.85
and shall be made available for inspec- 0.7 ...................................... 0.81 0.75
0.6 ...................................... 0.71 0.64
tion by authorized representatives of
0.5 ...................................... 0.61 0.53

the Secretary and the representative of 0.4 ...................................... 0.51 0.43
miners. 0.3 ...................................... 0.41 0.32
473
§ 71.207 30 CFR Ch. I (7–1–20 Edition)
TABLE 71–2—EXCESSIVE CONCENTRATION VAL- identical to that on the cassette used

UES (ECV) BASED ON THE AVERAGE OF 5 to take the sample and be submitted to
FULL-SHIFT CMDPSU/CPDM CONCENTRA- MSHA with the sample. Each card
TION MEASUREMENTS—Continued shall be signed by the certified person
who actually performed the required
ECV
Applicable standard (mg/m3) examinations under 71.205(b) of this
(mg/m3) part during the sampling shift and
CMDPSU CPDM
shall include that person’s MSHA Indi-
0.2 ...................................... 0.31 0.22 vidual Identification Number (MIIN).
Respirable dust samples with data
(m) The District Manager may des- cards not properly completed may be
ignate for sampling under this section voided by MSHA.
additional work positions at a surface (d) All respirable dust samples col-
coal mine and at a surface work area of lected by the operator shall be consid-
an underground coal mine where a con- ered taken to fulfill the sampling re-
centration of respirable dust exceeding quirements of part 70, 71, or 90 of this
50 percent of the standard in effect at
title, unless the sample has been iden-
the time the sample is taken, or a con-
tified in writing by the operator to the
centration of respirable dust exceeding
District Manager, prior to the intended
50 percent of the standard established
sampling shift, as a sample to be used
in accordance with § 71.101, has been
for purposes other than required by
measured by one or more MSHA valid
representative samples. part 70, 71, or 90 of this title.
(n) The District Manager may with- (e) Respirable dust samples received
draw from sampling any DWP des- by MSHA in excess of those required by
ignated for sampling under paragraph this part shall be considered invalid
(m) of this section upon finding that samples.
the operator is able to maintain con- (f) If using a CPDM, the person cer-
tinuing compliance with the applicable tified in sampling shall (1) validate,
standard. This finding shall be based on certify, and transmit electronically to
the results of MSHA and operator valid MSHA within 24 hours after the end of
representative samples taken during at each sampling shift all sample data file
least a 12-month period. information collected and stored in the
CPDM, including the sampling status
§ 71.207 Respirable dust samples; conditions encountered when sampling
transmission by operator. each DWP; and (2) not tamper with the
(a) If using a CMDPSU, the operator CPDM or its components in any way
shall transmit within 24 hours after the before, during, or after it is used to ful-
end of the sampling shift all samples fill the requirements of this part, or
collected to fulfill the requirements of alter any sample data files. All CPDM
this part, including control filters, in data files transmitted electronically to
containers provided by the manufac- MSHA shall be maintained by the oper-
turer of the filter cassette to: Res- ator for at least 12 months.
pirable Dust Processing Laboratory,
Pittsburgh Safety and Health Tech- [79 FR 24982, May 1, 2014, as amended at 80
FR 52989, Sept. 2, 2015]
nology Center, 626 Cochrans Mill Road,
Building 38, Pittsburgh, PA 15236–3611,
§ 71.208 Respirable dust samples; re-
or to any other address designated by port to operator; posting.
the District Manager.
(b) The operator shall not open or (a) MSHA shall provide the operator,
tamper with the seal of any filter cas- as soon as practicable, a report with
sette or alter the weight of any filter the following data on respirable dust
cassette before or after it is used to ful- samples submitted or whose results
fill the requirements of this part. were transmitted electronically, if
(c) A person certified in sampling using a CPDM, in accordance with this
shall properly complete the dust data part:
card that is provided by the manufac- (1) The mine identification number;
turer for each filter cassette. The card (2) The DWP at the mine from which
shall have an identification number the samples were taken;
474
(3) The concentration of respirable (iii) Abandoned—the work of all min-

dust, expressed as an equivalent con- ers has been terminated and production
centration for each valid sample; activity has ceased.
(4) The average equivalent concentra- (2) Surface mine:
tion of respirable dust for all valid (i) Producing—normal activity is oc-
samples; curring and coal is being produced or
(5) The occupation code; and processed or other material or equip-
(6) The reason for voiding any sam- ment is being handled or moved.
ple. (ii) Nonproducing—normal activity is
(b) Upon receipt, the operator shall not occurring and coal is not being pro-
post this data for at least 31 days on duced or processed, and other material
the mine bulletin board. or equipment is not being handled or
(c) If using a CPDM, the person cer- moved.
tified in sampling shall, within 12 (iii) Abandoned—the work of all min-
hours after the end of each sampling ers has been terminated and all activ-
shift, print, sign, and post on the mine ity has ceased.
bulletin board a paper record (Dust (3) DWP:
Data Card) of each sample run. This (i) Producing—normal activity is oc-
hard-copy record shall include the data curring.
entered when the sample run was first (ii) Nonproducing—normal activity is
programmed, and the following: not occurring.
(1) The mine identification number; (iii) Abandoned—the dust generating
(2) The DWP at the mine from which source has been withdrawn and activ-
the samples were taken; ity has ceased.
(3) The concentration of respirable
dust, expressed as an equivalent con- Subpart D—Respirable Dust
centration reported and stored for each Control Plans
sample;
(4) The sampling status conditions
SOURCE: 79 FR 24985, May 1, 2014, unless
encountered for each sample; and
otherwise noted.
(5) The shift length.
(d) The information required by para- § 71.300 Respirable dust control plan;
graph (c) of this section shall remain filing requirements.
posted until receipt of the MSHA re-
(a) Within 15 calendar days after the
port covering these respirable dust
termination date of a citation for vio-
samples.
lation of the applicable standard, the
§ 71.209 Status change reports. operator shall submit to the District
Manager for approval a written res-
(a) If there is a change in operational pirable dust control plan applicable to
status that affects the respirable dust the DWP identified in the citation. The
sampling requirements of this part, the respirable dust control plan and revi-
operator shall report the change in sions thereof shall be suitable to the
operational status of the mine or DWP conditions and the mining system of
to the MSHA District Office or to any the coal mine and shall be adequate to
other MSHA office designated by the continuously maintain respirable dust
District Manager. Status changes shall to at or below the applicable standard
be reported in writing or electronically at the DWP identified in the citation.
within 3 working days after the status (1) The mine operator shall notify the
change has occurred. representative of miners at least 5 days
(b) Each specific operational status is prior to submission of a respirable dust
defined as follows: control plan and any revision to a dust
(1) Underground mine: control plan. If requested, the mine op-
(i) Producing—has at least one erator shall provide a copy to the rep-
mechanized mining unit producing ma- resentative of miners at the time of no-
terial. tification;
(ii) Nonproducing—no material is (2) A copy of the proposed respirable

being produced. dust control plan, and a copy of any
475
§ 71.301 30 CFR Ch. I (7–1–20 Edition)
proposed revision, submitted for ap- (2) The operator’s compliance with
proval shall be made available for in- all provisions of the respirable dust
spection by the representative of min- control plan could be objectively
ers; and ascertained by MSHA.
(3) A copy of the proposed respirable (b) MSHA may take respirable dust
dust control plan, and a copy of any samples to determine whether the res-
proposed revision, submitted for ap- pirable dust control measures in the
proval shall be posted on the mine bul- operator’s plan effectively maintain
letin board at the time of submittal. concentrations of respirable coal mine
The proposed plan or proposed revision dust at or below the applicable stand-
shall remain posted until it is ap- ard.
proved, withdrawn, or denied. (c) The operator shall comply with
(4) Following receipt of the proposed all provisions of each respirable dust
control plan upon notice from MSHA
plan or proposed revision, the rep-
that the respirable dust control plan is
resentative of miners may submit
approved.
timely comments to the District Man-
(d) The approved respirable dust con-
ager, in writing, for consideration dur-
trol plan and any revisions shall be:
ing the review process. Upon request, a (1) Provided upon request to the rep-
copy of these comments shall be pro- resentative of miners by the operator
vided to the operator by the District following notification of approval;
Manager. (2) Made available for inspection by
(b) Each respirable dust control plan the representative of miners; and
shall include at least the following: (3) Posted on the mine bulletin board
(1) The mine identification number within 1 working day following notifi-
and DWP number assigned by MSHA, cation of approval, and shall remain
the operator’s name, mine name, mine posted for the period that the plan is in
address, and mine telephone number effect.
and the name, address, and telephone (e) The operator may review res-
number of the principal officer in pirable dust control plans and submit
charge of health and safety at the proposed revisions to such plans to the
mine; District Manager for approval.
(2) The specific DWP at the mine to
which the plan applies; Subpart E—Surface Bathing Facili-
(3) A detailed description of the spe- ties, Change Rooms, and San-
cific respirable dust control measures itary Flush Toilet Facilities at
used to abate the violation of the res- Surface Coal Mines
pirable dust standard; and
(4) A detailed description of how each § 71.400 Bathing facilities; change
of the respirable dust control measures rooms; sanitary flush toilet facili-
described in response to paragraph ties.
(b)(3) of this section will continue to be Each operator of a surface coal mine
used by the operator, including at least shall provide bathing facilities, cloth-
the specific time, place and manner the ing change rooms, and sanitary flush
control measures will be used. toilet facilities, as hereinafter pre-
scribed, for the use of miners employed
§ 71.301 Respirable dust control plan; in the surface installations and at the
approval by District Manager and surface worksites of such mine. (NOTE:
posting. Sanitary facilities at surface work
(a) The District Manager will approve areas of underground mines are subject
respirable dust control plans on a to the provisions of § 75.1712 of this
mine-by-mine basis. When approving chapter et seq.)
respirable dust control plans, the Dis-
trict Manager shall consider whether: § 71.401 Location of facilities.
(1) The respirable dust control meas- Bathhouses, change rooms, and sani-
ures would be likely to maintain con- tary flush toilet facilities shall be in a
centrations of respirable coal mine location convenient for the use of the
dust at or below the applicable stand- miners. Where these facilities are de-
ard; and signed to serve more than one mine,
476
they shall be centrally located so as to (iv) A suitable nonirritating cleans-

be convenient for the use of all miners ing agent shall be provided for use at
served by the facilities. each shower.
(2) Sanitary flush toilet facilities. (i) At
§ 71.402 Minimum requirements for least one sanitary flush toilet shall be
bathing facilities, change rooms, provided where 10 or less miners use
and sanitary flush toilet facilities.
such toilet facilities.
(a) All bathing facilities, change (ii) Where 10 or more miners use such
rooms, and sanitary flush toilet facili- toilet facilities, sufficient flush toilets
ties shall be provided with adequate shall be furnished to provide approxi-
light, heat, and ventilation so as to mately one sanitary flush toilet for
maintain a comfortable air tempera- each 10 miners.
ture and to minimize the accumulation (iii) Where 30 or more miners use toi-
of moisture and odors, and the facili- let facilities, one urinal may be sub-
ties shall be maintained in a clean and stituted for one flush toilet, however,
sanitary condition. where such substitutions are made
(b) Bathing facilities, change rooms, they shall not reduce the number of
and sanitary flush toilet facilities shall toilets below a ratio of two flush toi-
be constructed and equipped so as to lets to one urinal.
comply with applicable State and local (iv) An adequate supply of toilet
building codes. However, where no paper shall be provided with each toi-
State or local building codes apply to let.
these facilities, or where no State or
(v) Adequate handwashing facilities
local building codes exist, the facilities
or hand lavatories shall be provided in
shall be constructed and equipped so as
or adjacent to each toilet facility.
to meet the minimum construction re-
(3) Change rooms. (i) Individual
quirements in the National Building
clothes storage containers or lockers
Code (1967 edition) and the plumbing
shall be provided for storage of miners’
requirements in the National Plumbing
clothing and other incidental personal
Code (ASA A40.8–1955), which docu-
belongings during and between shifts.
ments are hereby incorporated by ref-
erence and made a part hereof. These (ii) Change rooms shall be provided
documents are available for examina- with sample space to permit the use of
tion at MSHA’s Office of Standards, such facilities by all miners changing
Regulations, and Variances, 201 12th clothes prior to and after each shift.
Street South, Arlington, VA 22202–5452; [37 FR 6368, Mar. 28, 1972, as amended at 43
202–693–9440; and at every MSHA Coal FR 12319, Mar. 24, 1978; 67 FR 38385, June 4,
Mine Safety and Health District Office. 2002; 71 FR 16668, Apr. 3, 2006; 80 FR 52989,
Copies of the National Plumbing Code Sept. 2, 2015]
(ASA A40.8–1955) may be purchased
from the American National Standards § 71.403 Waiver of surface facilities re-
quirements; posting of waiver.
Institute, Inc., 25 W. 43rd Street, 4th
Floor, New York, NY 10036; http:// (a) The Coal Mine Health and Safety
www.ansi.org. District Manager for the district in
(c) In addition to the minimum re- which the mine is located, after con-
quirements specified in paragraphs (a) sultation with the appropriate Re-
and (b) of this section, facilities main- gional Program Director, National In-
tained in accordance with § 71.400 shall stitute for Occupational Safety and
include the following: Health, may, upon written application
(1) Bathing facilities. (i) Showers shall by the operator, and after consider-
be provided with both hot and cold ation of any comments filed within 30
water. days after receipt of the application,
(ii) At least one shower head shall be waive any or all of the requirements
provided where five or less miners use for §§ 71.400 through 71.402 for a period
such showers. not to exceed 1 year if he determines
(iii) Where five or more miners use that—
such showers, sufficient showers shall (1) The operator is providing or mak-
be furnished to provide approximately ing available, under arrangements with

one shower head for each five miners. one or more third parties, facilities
477
§ 71.404 30 CFR Ch. I (7–1–20 Edition)
which are at least equivalent to those Subpart F—Sanitary Toilet Facilities

required by the standards, or at Surface Worksites of Sur-
(2) It is impractical for the operator
to meet the requirement(s) or provide
face Coal Mines
the facility (facilities) for which the § 71.500 Sanitary toilet facilities at sur-
waiver is sought. face work sites; installation re-
(b) The waiver shall be in writing and quirements.
shall set forth the requirement(s)
which the operator will not be required (a) Each operator of a surface coal
to meet or the facilities which the op- mine shall provide and install at least
erator will not be required to provide one sanitary toilet in a location con-
and the specific reason or reasons for venient to each surface work site. A
such waiver. single sanitary toilet may serve two or
(c) Upon receipt of any waiver, the more surface work sites in the same
operator shall post a copy of the waiver surface mine where the sanitary toilet
for at least 30 days on the mine bul- is convenient to each such work site.
letin board required by section 107(a) of (b) Where 10 or more miners use such
the Act. toilet facilities, sufficient toilets shall
(d) An extension of the waiver at the be furnished to provide approximately
end of 1 year may be sought by the op- one sanitary toilet for each 10 miners.
erator by filing an application pursu- (c) Sanitary toilets shall have an at-
ant to § 71.404 no later than 30 days nor tached toilet seat with a hinged lid and
more than 60 days prior to the expira- a toilet paper holder together with an
tion date of the waiver. adequate supply of toilet tissue.
(Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C. (d) Only flush or nonflush chemical
3501 et seq.)) or biological toilets, combustion or in-
[37 FR 6368, Mar. 28, 1972, as amended at 47 cinerating toilets, sealed bag toilets,
FR 14696, Apr. 6, 1982; 60 FR 33723, June 29, and vault toilets meet the require-
1995] ments of this section. Privies are pro-
hibited.
§ 71.404 Application for waiver of sur-
face facilities requirements. NOTE TO PARAGRAPH (d): Sanitary toilet fa-
cilities for surface work areas of under-
(a) Application for waivers of any re- ground mines are subject to the provisions of
quirements of §§ 71.400 through 71.402 § 75.1712–3 of this chapter.)
shall be in writing, filed with the ap-
propriate Coal Mine Health and Safety [68 FR 37087, June 23, 2003]
District Manager, and shall contain the
§ 71.501 Sanitary toilet facilities; main-
following information:
tenance.
(1) The name and address of the mine
operator, Sanitary toilets provided in accord-
(2) The name and location of the ance with the provisions of § 71.500 shall
mine, and be regularly maintained in a clean and
(3) A detailed statement of the sanitary condition. Holding tanks shall
grounds upon which the waiver is re- be serviced and cleaned when full and
quested and the period of time for in no case less than once each week
which it is requested. when in use by draining or pumping or
(b) At the same time the application by removing them for cleaning and re-
is sent to the District Manager, a copy charging. Transfer tanks and transfer
of the application shall be forwarded to equipment, if used, shall be equipped
the appropriate Regional Program Di- with suitable fittings to permit com-
rector, National Institute for Occupa- plete draining without spillage and
tional Safety and Health by the oper- allow for the sanitary transportation
ator, and a copy showing the addresses of wastes. Waste shall be disposed of in
of the appropriate District Manager accordance with State and local laws
and Regional Program Director shall and regulations.
be posted by the operator for at least 30
days on the mine bulletin board re-

quired by section 107(a) of the Act.
478
Subpart G—Drinking Water infected with the use of heat or sani-

tizers.
§ 71.600 Drinking water; general. (c) Drinking fountains from which
water is dispensed shall be thoroughly
An adequate supply of potable water
cleaned once each week.
shall be provided for drinking purposes
(d) Ice used for cooling drinking
in each surface installation and at each
water shall not be immersed or in di-
surface worksite of the mine.
rect contact with the water to be
§ 71.601 Drinking water; quality. cooled, unless it has been handled in a
sanitary manner and unless the ice is
(a) Potable water provided in accord- made from the same source as the
ance with the provisions of § 71.600 shall drinking water or from water of a qual-
meet the applicable minimum health ity equal to the source of the drinking
requirements for drinking water estab- water.
lished by the State or community in
which the mine is located.
Subpart H—Airborne
(b) Where no such requirements are
applicable, the drinking water provided
Contaminants
shall conform to the Public Health § 71.700 Inhalation hazards; threshold
Service Drinking Water Standards, 42 limit values for gases, dust, fumes,
CFR part 72, subpart J. mists, and vapors.
(a) No operator of an underground
§ 71.602 Drinking water; distribution.
coal mine and no operator of a surface
(a) Water shall be piped or trans- coal mine may permit any person
ported in sanitary containers. Water working at a surface installation or
systems and appurtenances thereto surface worksite to be exposed to air-
shall be constructed and maintained in borne contaminants (other than res-
accordance with State and local re- pirable coal mine dust, respirable dust
quirements. Where no such require- containing quartz, and asbestos dust)
ments are applicable, water systems in excess of, on the basis of a time-
and appurtenances shall be constructed weighted average, the threshold limit
and maintained in accordance with the values adopted by the American Con-
National Plumbing Code (ASA A40.8— ference of Governmental Industrial Hy-
1955) which is hereby incorporated by gienists in ‘‘Threshold Limit Values of
reference and made a part hereof. (For Airborne Contaminants’’ (1972), which
information as to the availability of is hereby incorporated by reference and
this code, see § 71.402(b).) made a part hereof. Excursions above
(b) Water transported to the site the listed threshold limit values shall
shall be carried, stored and otherwise not be of greater magnitude than is
protected in sanitary containers con- characterized as permissible by the
structed of smooth, impervious, heavy conference. This paragraph does not
gauge, corrosion resistant materials. apply to airborne contaminants given a
The containers shall be marked with ‘‘C’’ designation by the conference in
the words ‘‘Drinking Water.’’ the document. This document is avail-
able for examination at MSHA’s Office
§ 71.603 Drinking water; dispensing re- of Standards, Regulations, and
quirements. Variances, 201 12th Street South, Ar-
(a) Water shall be dispensed through lington, VA 22202–5452; 202–693–9440; and
a drinking fountain or from a water at every MSHA Coal Mine Safety and
storage container with an adequate Health District Office. Copies of the
supply of single service cups stored in a document may be purchased from the
clean, sanitary manner. Water shall American Conference of Governmental
not be dipped from inside water storage Industrial Hygienists, 1330 Kemper
containers. Use of a common drinking Meadow Drive, Attn: Customer Service,
cup is prohibited. Cincinnati, OH 45240; 513–742–2020; http://
(b) Water containers shall remain www.acgih.org.
sealed at all times during use and shall (b) All persons, including employees,
not be refilled with water for reuse shall be withdrawn from any area in
without first being cleaned and dis- which there is a concentration of an
479
§ 71.701 30 CFR Ch. I (7–1–20 Edition)
airborne contaminant given a ‘‘C’’ des- § 71.702 Asbestos standard.

ignation by the Conference which ex- (a) Definitions. Asbestos is a generic
ceeds the threshold limit value (ceiling term for a number of asbestiform hy-
‘‘C’’ limit) listed for that contaminant. drated silicates that, when crushed or
[37 FR 6368, Mar. 28, 1972, as amended at 39 processed, separate into flexible fibers
FR 17101, May 13, 1974; 43 FR 12319, Mar. 24, made up of fibrils.
1978. Redesignated at 45 FR 80756, Dec. 5, Asbestos means chrysotile,
1980, as amended at 67 FR 38385, June 4, 2002; cummingtonite-grunerite asbestos
71 FR 16668, Apr. 3, 2006; 80 FR 52990, Sept. 2, (amosite), crocidolite, anthophylite as-
2015] bestos, tremolite asbestos, and actino-
lite asbestos.
§ 71.701 Sampling; general require- Asbestos fiber means a fiber of asbes-
ments. tos that meets the criteria of a fiber.
(a) Air samples will be taken by the Fiber means a particle longer than 5
Secretary and will be analyzed to de- micrometers (μm) with a length-to-di-
termine the concentrations of noxious ameter ratio of at least 3-to-1.
or poisonous gases, dusts, fumes, mists, (b) Permissible Exposure Limits
and vapors in surface installations and (PELs)—(1) Full-shift limit. A miner’s
at surface worksites. personal exposure to asbestos shall not
(b) Upon written notification by the exceed an 8-hour time-weighted aver-
Secretary to the operator of an under- age full-shift airborne concentration of
ground coal mine or of a surface coal 0.1 fiber per cubic centimeter of air (f/
mine, the operator shall conduct any cc).
additional air sampling tests and anal- (2) Excursion limit. No miner shall be
yses as the Secretary may from time to exposed at any time to airborne con-
centrations of asbestos in excess of 1
time require in order to ensure compli-
fiber per cubic centimeter of air (f/cc)
ance with the standards set forth in
as averaged over a sampling period of
§ 71.700 in each surface installation and
30 minutes.
at each surface worksite.
(c) Measurement of airborne asbestos
(c) Where concentrations of airborne fiber concentration. Potential asbestos
contaminants in excess of the applica- fiber concentration shall be determined
ble threshold limit values, permissible by phase contrast microscopy (PCM)
exposure limits, or permissible excur- using the OSHA Reference Method in
sions are known by the operator to OSHA’s asbestos standard found in 29
exist in a surface installation or at a CFR 1910.1001, Appendix A, or a method
surface worksite, the operator shall at least equivalent to that method in
immediately provide necessary control identifying a potential asbestos expo-
measures to assure compliance with sure exceeding the 0.1 f/cc full-shift
§ 71.700 or § 71.702, as applicable. limit or the 1 f/cc excursion limit.
(d) Where the operator has reason- When PCM results indicate a potential
able grounds to believe that concentra- exposure exceeding the 0.1 f/cc full-
tions of airborne contaminants in ex- shift limit or the 1 f/cc excursion limit,
cess of the applicable threshold limit samples shall be further analyzed using
values, permissible exposure limits, or transmission electron microscopy ac-
permissible excursions exist, or are cording to NIOSH Method 7402 or a
likely to exist, the operator shall method at least equivalent to that
promptly conduct appropriate air sam- method.
pling tests to determine the concentra- [73 FR 11304, Feb. 29, 2008, as amended at 73
tion of any airborne contaminant FR 66172, Nov. 7, 2008]
which may be present and immediately
provide the necessary control measures PART 72—HEALTH STANDARDS FOR
to assure compliance with § 71.700 or COAL MINES
§ 71.702, as applicable.
Subpart A—General
[37 FR 6368, Mar. 28, 1972. Redesignated at 45
FR 80756, Dec. 5, 1980; 73 FR 11304, Feb. 29, Sec.

2008] 72.1 Scope.
480
Subpart B—Medical Surveillance (1) Each operator shall use facilities

approved by the National Institute for
72.100 Periodic examinations.
Occupational Safety and Health
Subpart C [Reserved] (NIOSH) to provide examinations speci-
fied in paragraph (a) of this section.
Subpart D—Diesel Particulate Matter—Un- (2) The results of examinations or
derground Areas of Underground Coal tests made pursuant to this section
Mines shall be furnished only to the Sec-
72.500 Emission limits for permissible die- retary, Secretary of Health and Human
sel-powered equipment. Services (HHS), and at the request of
72.501 Emission limits for nonpermissible the miner, to the miner’s designated
heavy-duty diesel-powered equipment, physician.
generators and compressors. (b) Voluntary examinations. Each oper-
72.502 Requirements for nonpermissible
ator shall provide the opportunity to
light-duty diesel-powered equipment
other than generators and compressors. have the examinations specified in
72.503 Determination of emissions; filter § 72.100(a) at least every 5 years to all
maintenance; definition of ‘‘introduced’’. miners employed at a coal mine. The
72.510 Miner health training. examinations shall be available during
72.520 Diesel equipment inventory. a 6-month period that begins no less
than 3.5 years and not more than 4.5
Subpart E—Miscellaneous
years from the end of the last 6-month
72.610 Abrasive blasting. period.
72.620 Drill dust control at surface mines (c) Mandatory examinations. For each
and surface areas of underground mines. miner who begins work at a coal mine
72.630 Drill dust control at underground
for the first time, the operator shall
areas of underground mines.
72.700 Respiratory equipment; respirable provide examinations specified in
dust. § 72.100(a) as follows:
72.701 Respiratory equipment; gas, dusts, (1) An initial examination no later
fumes, or mists. than 30 days after beginning employ-
72.710 Selection, fit, use, and maintenance ment;
of approved respirators.
72.800 Single, full-shift measurement of res-
(2) A follow-up examination no later
pirable coal mine dust. than 3 years after the initial examina-
tion in paragraph (c)(1); and
AUTHORITY: 30 U.S.C. 811, 813(h), 957.
(3) A follow-up examination no later
SOURCE: 59 FR 8327, Feb. 18, 1994, unless than 2 years after the examinations in
otherwise noted. paragraph (c)(2) if the chest x-ray
shows evidence of pneumoconiosis or
Subpart A—General the spirometry examination indicates
evidence of decreased lung function.
§ 72.1 Scope.
For this purpose, evidential criteria
The health standards in this part will be defined by NIOSH.
apply to all coal mines. (d) Each mine operator shall develop
and submit for approval to NIOSH a
Subpart B—Medical Surveillance plan in accordance with 42 CFR part 37
for providing miners with the examina-
SOURCE: 79 FR 24986, May 1, 2014, unless tions specified in § 72.100(a) and a roster
otherwise noted. specifying the name and current ad-
dress of each miner covered by the
§ 72.100 Periodic examinations.
plan.
(a) Each operator of a coal mine shall (e) Each mine operator shall post on
provide to each miner periodic exami- the mine bulletin board at all times
nations including chest x-rays, the approved plan for providing the ex-
spirometry, symptom assessment, and aminations specified in § 72.100(a).
occupational history at a frequency
specified in this section and at no cost

to the miner. Subpart C [Reserved]
481
§ 72.500 30 CFR Ch. I (7–1–20 Edition)
Subpart D—Diesel Particulate Mat- (c) As of January 19, 2005, each piece
ter—Underground Areas of of nonpermissible heavy-duty diesel-
Underground Coal Mines powered equipment (as defined by
§ 75.1908(a) of this part), generator or
compressor operated in an underground
SOURCE: 66 FR 5704, Jan. 19, 2001, unless
otherwise noted. area of an underground coal mine must
emit no more than 2.5 grams per hour
§ 72.500 Emission limits for permis- of diesel particulate matter.
sible diesel-powered equipment. (d) Notwithstanding the other provi-
(a) Each piece of permissible diesel- sions of this section, a generator or
powered equipment introduced into an compressor that discharges its exhaust
underground area of an underground directly into intake air that is coursed
coal mine after May 21, 2001 must emit directly to a return air course, or dis-
no more than 2.5 grams per hour of die- charges its exhaust directly into a re-
sel particulate matter. turn air course, is not subject to the
(b) As of July 19, 2002, each piece of applicable requirements of this section.
permissible diesel-powered equipment
operated in an underground area of an [66 FR 5704, Jan. 19, 2001, as amended at 66
underground coal mine must emit no FR 15033, Mar. 15, 2001; 66 FR 27866, May 21,
more than 2.5 grams per hour of diesel 2001]
particulate matter.
§ 72.502 Requirements for nonpermis-
[66 FR 5704, Jan. 19, 2001, as amended at 66 sible light-duty diesel-powered
FR 15033, Mar. 15, 2001; 66 FR 27866, May 21, equipment other than generators
2001] and compressors.
§ 72.501 Emission limits for nonpermis- (a) Each piece of nonpermissible
sible heavy-duty diesel-powered light-duty diesel-powered equipment
equipment, generators and com- (as defined by § 75.1908(b) of this chap-
pressors.
ter), other than generators and com-
(a) Each piece of nonpermissible pressors, introduced into an under-
heavy-duty diesel-powered equipment ground area of an underground coal
(as defined by § 75.1908(a) of this part), mine after May 21, 2001 must emit no
generator or compressor introduced more than 5.0 grams per hour of diesel
into an underground area of an under- particulate matter.
ground coal mine after May 21, 2001
(b) A piece of nonpermissible light-
must emit no more than 5.0 grams per
hour of diesel particulate matter. duty diesel-powered equipment must be
(b) As of July 21, 2003, each piece of deemed to be in compliance with the
nonpermissible heavy-duty diesel-pow- requirements of paragraph (a) of this
ered equipment (as defined by section if it utilizes an engine which
§ 75.1908(a) of this part), generator or meets or exceeds the applicable partic-
compressor operated in an underground ulate matter emission requirements of
area of an underground coal mine must the Environmental Protection Admin-
emit no more than 5.0 grams per hour istration listed in Table 72.502–1, as fol-
of diesel particulate matter. lows:
TABLE 72.502–1
EPA requirement EPA category PM limit
40 CFR 86.094–8(a)(1)(I)(A)(2) ................. light duty vehicle ...................................... 0.1 g/mile.

40 CFR 86.094–9(a)(1)(I)(A)(2) ................. light duty truck ......................................... 0.1 g/mile.
40 CFR 86.094–11(a)(1)(iv)(B) ................. heavy duty highway engine ..................... 0.1 g/bhp-hr.
40 CFR 89.112(a) ...................................... Tier 2 nonroad ......................................... Varies by power:
kW<(hp<11) ............................................. 0.80 g/kW-hr (0.60 g/bhp-hr).
8≤kW<19 (11≤hp<25) .............................. 0.80 g/kW-hr (0.60 g/bhp-hr).
19≤kW<37 (25≤hp<50) ............................ 0.60 g/kW-hr (0.45 g/bhp-hr).
37≤kW<75 (50≤hp<100) .......................... 0.40 g/kW-hr (0.30 g/bhp-hr).
75≤kW<130 (100≤hp<175) ...................... 0.30 g/kW-hr (0.22 g/bhp-hr).
130≤kW<225 (175≤hp<300) .................... 0.20 g/kW-hr (0.15 g/bhp-hr).

225≤kW<450 (300≤hp<600) .................... 0.20 g/kW-hr (0.15 g/bhp-hr).
450≤kW<560 (600≤hp<750)’’ .................. 0.20 g/kW-hr (0.15 g/bhp-hr)
482
TABLE 72.502–1—Continued
EPA requirement EPA category PM limit
kW≥560 (hp≥750) .................................... 0.20 g/kW-hr (0.15 g/bhp-hr)

NOTES: ‘‘g’’ means grams; ‘‘kW’’ means kilowatt; ‘‘hp’’ means horsepower; ‘‘g/kW-hr’’ means grams/kilowatt-hour; ‘‘g/bhp-hr’’
means grams/brake horsepower-hour.
(c) The requirements of this section ducted or certified by an organization

do not apply to any diesel-powered am- whose testing standards are deemed by
bulance or fire fighting equipment that the Secretary to be as rigorous as
is being used in accordance with the those set forth by paragraph (b) of this
mine fire fighting and evacuation plan section; and further, the Secretary
under § 75.1502. may accept the results of tests for one
[66 FR 5704, Jan. 19, 2001, as amended at 66
aftertreatment device as evidencing
FR 15033, Mar. 15, 2001; 66 FR 27866, May 21, the efficiency of another
2001; 70 FR 36347, June 23, 2005] aftertreatment device which the Sec-
retary determines to be essentially
§ 72.503 Determination of emissions; identical to the one tested.
filter maintenance; definition of (d) Operators must maintain in ac-
‘‘introduced’’. cordance with manufacturer specifica-
(a) MSHA will determine compliance tions and free of observable defects,
with the emission requirements estab- any aftertreatment device installed on
lished by this part by using the amount a piece of diesel equipment upon which
of diesel particulate matter emitted by the operator relies to remove diesel
a particular engine determined from particulate matter from diesel emis-
the engine approval pursuant to sions.
§ 7.89(a)(9)(iii)(B) or § 7.89(a)(9)(iv)(A) of (e) For purposes of §§ 72.500(a),
this title, with the exception of engines 72.501(a) and 72.502(a), the term ‘‘intro-
deemed to be in compliance by meeting duced’’ means any piece of equipment
the EPA requirements specified in whose engine is a new addition to the
Table 72.502–1 (§ 72.502(b)). underground inventory of engines of
(b) Except as provided in paragraph the mine in question, including newly
(c) of this section, the amount by purchased equipment, used equipment,
which an aftertreatment device can re- and equipment receiving a replacement
duce engine emissions of diesel particu- engine that has a different serial num-
late matter as determined pursuant to ber than the engine it is replacing.
paragraph (a) must be established by a ‘‘Introduced’’ does not include a piece
laboratory test: of equipment whose engine was pre-
(1) on an approved engine which viously part of the mine inventory and
MSHA has determined, pursuant to rebuilt.
paragraph (a) of this section, to emit
no more diesel particulate matter than § 72.510 Miner health training.
the engine being used in the piece of
diesel-powered equipment in question; (a) Operators must provide annual
(2) using the test cycle specified in training to all miners at a mine who
Table E–3 of § 7.89 of this title, and fol- can reasonably be expected to be ex-
lowing a test procedure appropriate for posed to diesel emissions on that prop-
the filtration system, by a laboratory erty. The training must include—
capable of testing engines in accord- (1) The health risks associated with
ance with the requirements of Subpart exposure to diesel particulate matter;
E of part 7 of this title; and (2) The methods used in the mine to
(3) with an aftertreatment device rep- control diesel particulate matter con-
resentative of that being used on the centrations;
piece of diesel-powered equipment in (3) Identification of the personnel re-
question. sponsible for maintaining those con-
(c) In lieu of the laboratory tests re- trols; and
quired by paragraph (b), the Secretary (4) Actions miners must take to en-
may accept the results of tests con- sure the controls operate as intended.
483
§ 72.520 30 CFR Ch. I (7–1–20 Edition)
(b)(1) An operator must keep a record CFR part 84, or the operation shall be
of the training at the mine site for one performed in a totally enclosed device
year after completion of the training. with the miner outside the device.
An operator may keep the record else- (b) Underground areas of underground
where if the record is immediately ac- mines. Silica sand or other materials
cessible from the mine site by elec- containing more than 1 percent free
tronic transmission. silica shall not be used as an abrasive
(2) Upon request from an authorized substance in abrasive blasting.
representative of the Secretary of
[59 FR 8327, Feb. 18, 1994, as amended at 60
Labor, the Secretary of Health and FR 30401, June 8, 1995]
Human Services, or from the author-
ized representative of miners, mine op- § 72.620 Drill dust control at surface
erators must promptly provide access mines and surface areas of under-
to any such training record. Whenever ground mines.
an operator ceases to do business, that Holes shall be collared and drilled
operator must transfer the training wet, or other effective dust control
records, or a copy, to any successor op- measures shall be used, when drilling
erator who must maintain them for the non-water-soluble material. Effective
required period. dust control measures shall be used
§ 72.520 Diesel equipment inventory. when drilling water-soluble material.
(a) The operator of each mine that § 72.630 Drill dust control at under-
utilizes diesel equipment underground, ground areas of underground
shall prepare and submit in writing to mines.
the District Manager, an inventory of (a) Dust resulting from drilling in
diesel equipment used in the mine. The rock shall be controlled by use of per-
inventory shall include the number and missible dust collectors, or by water,
type of diesel-powered units used un- or water with a wetting agent, or by
derground, including make and model ventilation, or by any other method or
of unit, type of equipment, make and device approved by the Secretary that
model of engine, serial number of en- is as effective in controlling the dust.
gine, brake horsepower rating of en- (b) Dust collectors. Dust collectors
gine, emissions of engine in grams per shall be maintained in permissible and
hour or grams per brake horsepower- operating condition. Dust collectors
hour, approval number of engine, make approved under Part 33—Dust Collec-
and model of aftertreatment device, se- tors for Use in Connection with Rock
rial number of aftertreatment device if Drilling in Coal Mines of this title or
available, and efficiency of under Bureau of Mines Schedule 25B
aftertreatment device. are permissible dust collectors for the
(b) The mine operator shall make purpose of this section.
changes to the diesel equipment inven- (c) Water control. Water used to con-
tory as equipment or emission control trol dust from drilling rock shall be ap-
systems are added, deleted or modified plied through a hollow drill steel or
and submit revisions, to the District stem or by the flooding of vertical drill
Manager, within 7 calendar days. holes in the floor.
(c) If requested, the mine operator (d) Ventilation control. To adequately
shall provide a copy of the diesel equip- control dust from drilling rock, the air
ment inventory to the representative current shall be so directed that the
of the miners within 3 days of the re- dust is readily dispersed and carried
quest. away from the drill operator or any
other miners in the area.
Subpart E—Miscellaneous
§ 72.700 Respiratory equipment; res-
§ 72.610 Abrasive blasting. pirable dust.
(a) Surface and underground mines. (a) Respiratory equipment approved
When an abrasive blasting operation is by NIOSH under 42 CFR part 84 shall be
performed, all exposed miners shall made available to all persons as re-
properly use respirators approved for quired under parts 70, 71, and 90 of this
abrasive blasting by NIOSH under 42 chapter. Use of respirators shall not be
484
Mine Safety and Health Admin., Labor Pt. 74
substituted for environmental control NY 10036; http://www.ansi.org, and may

measures in the active workings. Each be inspected at any MSHA Coal Mine
operator shall maintain an adequate Safety and Health District Office, or at
supply of respiratory equipment. MSHA’s Office of Standards, Regula-
(b) When required to make res- tions, and Variances, 201 12th Street
pirators available, the operator shall South, Arlington, VA 22202–5452; 202–
provide training prior to the miner’s 693–9440; or at the National Archives
next scheduled work shift, unless the and Records Administration (NARA).
miner received training within the pre- For information on the availability of
vious 12 months on the types of res- this material at NARA, call 202–741–
pirators made available. The training 6030, or go to: http://www.archives.gov/
shall include: The care, fit, use, and
federallregister/
limitations of each type of respirator.
codeloflfederallregulations/
(c) An operator shall keep a record of
ibrllocations.html. This incorporation
the training at the mine site for 24
months after completion of the train- by reference was approved by the Di-
ing. An operator may keep the record rector of the Federal Register in ac-
elsewhere if the record is immediately cordance with 5 U.S.C. 552(a) and 1 CFR
accessible from the mine site by elec- part 51.
tronic transmission. Upon request from [80 FR 52990, Sept. 2, 2015]
an authorized representative of the
Secretary, Secretary of HHS, or rep- § 72.800 Single, full-shift measurement
resentative of miners, the operator of respirable coal mine dust.
shall promptly provide access to any
The Secretary will use a single, full-
such training records. The record shall
shift measurement of respirable coal
include:
(1) The date of training; mine dust to determine the average
(2) The names of miners trained; and concentration on a shift since that
(3) The subjects included in the train- measurement accurately represents at-
ing. mospheric conditions to which a miner
is exposed during such shift. Non-
[79 FR 24986, May 1, 2014] compliance with the applicable res-
§ 72.701 Respiratory equipment; gas, pirable dust standard or the applicable
dusts, fumes, or mists. respirable dust standard when quartz is
present, in accordance with subchapter
Respiratory equipment approved by
O of this chapter, is demonstrated
NIOSH under 42 CFR part 84 shall be
when a single, full-shift measurement
provided to persons exposed for short
taken by MSHA meets or exceeds the
periods to inhalation hazards from gas,
dusts, fumes, or mists. When the expo- applicable ECV in Table 70–1, 71–1, or
sure is for prolonged periods, other 90–1 that corresponds to the applicable
measures to protect such persons or to standard and the particular sampling
reduce the hazard shall be taken. device used. Upon issuance of a cita-
tion for a violation of the applicable
[79 FR 24986, May 1, 2014] standard, and for MSHA to terminate
§ 72.710 Selection, fit, use, and mainte- the citation, the operator shall take
nance of approved respirators. the specified actions in subchapter O of
this chapter.
In order to ensure the maximum
amount of respiratory protection, ap- [79 FR 24986, May 1, 2014]
proved respirators shall be selected,
fitted, used, and maintained in accord- PART 74—COAL MINE DUST
ance with the provisions of the Amer-
ican National Standards Institute’s
SAMPLING DEVICES
‘‘Practices for Respiratory Protection
ANSI Z88.2–1969,’’ which is hereby in- Subpart A—General
corporated by reference. This publica- Sec.
tion may be obtained from the Amer-
74.1 Purpose.
ican National Standards Institute, Inc., 74.2 Definitions.
25 W. 43rd Street, 4th Floor, New York,
485
§ 74.1 30 CFR Ch. I (7–1–20 Edition)
Subpart B—Approval Requirements for which is achieved with a 0.95 prob-

Coal Mine Dust Personal Sampler Unit ability by the method.
(b) Bias: the uncorrectable relative
74.3 Sampler unit.
74.4 Specifications of sampler unit. discrepancy between the mean of the
74.5 Tests of coal mine dust personal sam- distribution of measurements from a
pler units. CPDM and the true concentration
74.6 Quality control. being measured.
(c) Coal mine dust personal sampler
Subpart C—Requirements for Continuous unit (CMDPSU): a personal device for
Personal Dust Monitors (CPDMs) measuring concentrations of respirable
74.7 Design and construction requirements. dust in coal mine atmospheres that
74.8 Measurement, accuracy, and reliability meets the requirements specified under
requirements. Subpart B of this part.
74.9 Quality assurance. (d) Continuous personal dust monitor
74.10 Operating and maintenance instruc- (CPDM): a sampling device for continu-
tions. ously measuring concentrations of res-
74.11 Tests of the continuous personal dust
monitor.
pirable dust in coal mine atmospheres
that reports within-shift and end-of
Subpart D—General Requirements for All shift measurements of dust concentra-
Devices tions immediately upon the completion
of the period of exposure that was mon-
74.12 Conduct of tests; demonstrations. itored and that meets the requirements
74.13 Applications.
specified under Subpart C of this part.
74.14 Certificate of approval.
74.15 Approval labels. (e) ISO: the International Organiza-
74.16 Material required for record. tion for Standardization, an inter-
74.17 Changes after certification. national standard-setting organization
74.18 Withdrawal of certification. composed of representatives from var-
AUTHORITY: 30 U.S.C. 957. ious national standards-setting organi-
zations. ISO produces industrial and
SOURCE: 75 FR 17523, Apr. 6, 2010, unless
commercial voluntary consensus stand-
otherwise noted.
ards used worldwide.
(f) Precision: the relative variability
Subpart A—General of measurements from a homogeneous
§ 74.1 Purpose. atmosphere about the mean of the pop-
ulation of measurements, divided by
The regulations in this part set forth the mean at a given concentration. It
the requirements for approval of coal reflects the ability of a CPDM to rep-
mine dust sampling devices for deter- licate measurement results.
mining the concentrations of res-
pirable dust in coal mine atmospheres;
procedures for applying for such ap-
Subpart B—Approval Require-
proval; test procedures; and labeling. ments for Coal Mine Dust Per-
sonal Sampler Unit
§ 74.2 Definitions.
§ 74.3 Sampler unit.
(a) Accuracy: the ability of a contin-
uous personal dust monitor (CPDM) to A CMDPSU shall consist of:
determine the ‘‘true’’ concentration of (a) A pump unit,
the environment sampled. Accuracy (b) A sampling head assembly, and
describes the closeness of a typical (c) If rechargeable batteries are used
measurement to the quantity meas- in the pump unit, a battery charger.
ured, although it is defined and ex-
pressed in terms of the relative dis- § 74.4 Specifications of sampler unit.
crepancy of a typical measurement (a) Pump unit: (1) Dimensions. The
from the quantity measured. The accu- overall dimensions of the pump unit,
racy of a CPDM is the theoretical max- hose connections, and valve or switch
imum error of measurement, expressed covers shall not exceed 4 inches (10 cen-
as the proportion or percentage of the timeters) in height, 4 inches (10 centi-
amount being measured, without re- meters) in width, and 2 inches (5 centi-
gard for the direction of the error, meters) in thickness.
486
(2) Weight. The pump unit shall not case or from the battery case if a sepa-
weigh more than 20 ounces (567 grams). rate battery case is used.
(3) Construction. The case and all (11) Flow rate indicator. A visual indi-
components of the pump unit shall be cator of flow rate shall be provided ei-
of sufficiently durable construction to ther as an integral part of the pump
endure the wear of use in a coal mine, unit or of the sampling head assembly.
shall be tight fitting to minimize the The flow rate indicator shall be cali-
amount of dust entering the pump brated within ±5 percent at 2.2, 2.0, and
case, and shall be designed to protect 1.7 liters per minute to indicate the
against radio frequency interference rate of air passing through the accom-
and electromagnetic interference. panying sampling head assembly.
(4) Exhaust. The pump shall exhaust (12) Flow rate range. The pump shall
into the pump case, maintaining a be capable of operating within a range
slight positive pressure which will re- of from 1.5 to 2.5 liters per minute and
duce the entry of dust into the pump shall be adjustable over this range.
case. (13) Flow rate consistency. The flow
(5) Switch. The pump unit shall be shall remain within ±0.1 liters per
equipped with an ON/OFF switch or minute over at least a 10-hour period
equivalent device on the outside of the when the pump is operated at 2 liters
pump case. This switch shall be proper minute with a standard sampling
tected against accidental operation head assembly.
during use and protected to keep dust (14) Flow restriction indicator. The
from entering the mechanisms. pump shall be capable of detecting re-
(6) Flow rate adjustment. Except as stricted flow and providing a visual in-
provided in the last sentence of this dication if it occurs. The flow restric-
paragraph, the pump unit shall be tion indicator shall remain activated
equipped with a suitable means of flow until the cause is corrected. The pump
rate adjustment accessible from out- shall shut down automatically if flow
side the case. The flow rate adjuster is restricted for one minute.
shall be recessed in the pump case and (15) Duration of operation. The pump
protected against accidental adjust- with a fully charged battery pack shall
ment. If the pump is capable of main- be capable of operating for (i) not less
taining the flow rate consistency re- than 8 hours at a flow rate of 2 liters
quired in this part without adjustment, per minute against a resistance of 25
an external flow rate adjuster is not re- inches (64 centimeters) of water meas-
quired. ured at the inlet of the pump; and (ii)
(7) Battery. The power supply for the for not less than 10 hours at a flow rate
pump shall be a suitable battery lo- of 2 liters per minute against a resist-
cated in the pump case or in a separate ance of 15 inches (38 centimeters) of
case which attaches to the pump case water measured at the inlet of the
by a permissible electrical connection. pump.
(8) Pulsation. (i) The irregularity in (16) Low battery indicator. The pump
flow rate due to pulsation shall have a unit shall be equipped with a visual in-
fundamental frequency of not less than dicator of low battery power.
20 Hz. (17) Elapsed time indicator. The pump
(ii) The quantity of respirable dust unit shall be capable of displaying the
collected with a sampler unit shall be actual pump run time in minutes (up
within ±5 percent of that collected with to 999 minutes) and retaining the last
a sampling head assembly operated reading after the pump is shut down
with nonpulsating flow. due to either a flow restriction de-
(9) Belt clips. The pump unit shall be scribed in paragraph (a)(14) of this sec-
provided with a belt clip which will tion or low battery power described in
hold the pump securely on a coal min- paragraph (a)(16) of this section or at
er’s belt. the end of the sampling shift.
(10) Recharging connection. A suitable (b) Sampling head assembly. The sam-
connection shall be provided so that pling head assembly shall consist of a
the battery may be recharged without cyclone and a filter assembly as fol-
removing the battery from the pump lows:
487
§ 74.5 30 CFR Ch. I (7–1–20 Edition)
(1) Cyclone. The cyclone shall consist tion shall be mechanically firm and
of a cyclone body with removable grit shall not leak at a rate of more than
cap and a vortex finder and shall be 0.1 liters per hour under a vacuum of 4
constructed of nylon or a material inches (10 centimeters) of water.
equivalent in performance. The dimen- (4) Clamping of components. The
sions of the components, with the ex- clamping and positioning of the cy-
ception of the grit cap, shall be iden- clone body, vortex finder, and cassette
tical to those of a Dorr-Oliver 10 milli- shall be rigid, remain in alignment, be
meter cyclone body, part No. 28541/4A firmly in contact and airtight. The cy-
or 01B11476–01 and vortex finder, part clone-cassette assembly shall be at-
No. 28541/4B. tached firmly to a backing plate or
(2) Filter assembly. The filter assembly other means of holding the sampling
shall meet the following requirements: head in position. The cyclone shall be
(i) Filter. The filter shall be a mem- held in position so that the inlet open-
brane filter type with a nominal pore ing of the cyclone is pointing perpen-
size not over 5 micrometers. It shall be dicular to, and away from, the backing
nonhydroscopic and shall not dissolve plate.
or decompose when immersed in ethyl (5) Hose. A 3-foot (91 centimeter)
or isopropyl alcohol. The strength and long, 1⁄4-inch (0.64 centimeters) (inside
surface characteristics of the filter diameter) clear plastic hose shall be
shall be such that dust deposited on its provided to form an airtight connec-
surface may be removed by ultrasonic tion between the inlet of the sampler
methods without tearing the filter. The pump and the outlet of the filter as-
filter resistance shall not exceed 2 sembly. A device, capable of sliding
inches (0.5 centimeters) of water at an along the hose and attaching to the
airflow rate of 2 liters per minute. miner’s outer garment, shall be pro-
(ii) Capsule. The capsule enclosing vided.
the filter shall not permit sample air
(c) Battery charger. (1) Power supply.
to leak around the filter and shall pre-
The battery charger shall be operated
vent visual inspection of the filter sur-
from a 110 (VAC) (nominal), 60 Hz
face or filter loading. The capsule shall
power line.
be made of nonhydroscopic material.
(2) Connection. The battery charger
Its weight, including the enclosed fil-
shall be provided with a cord and polar-
ter, shall not exceed 5 grams and it
ized connector so that it may be con-
shall be pre-weighed by the manufac-
nected to the charge socket on the
turer with a precision of ±0.001 milli-
pump or battery case.
grams. Impact to the capsule shall not
dislodge any dust from the capsule, (3) Protection. The battery charger
which might then be lost to the weight shall be fused, shall have a grounded
measurement. power plug, and shall not be suscep-
(iii) Cassette. The cassette shall en- tible to damage by being operated
close the capsule so as to prevent con- without a battery on charge.
tamination and intentional or inad- (4) Charge rates. The battery charger
vertent alteration of dust deposited on shall be capable of fully recharging the
the filter. The cassette must be easily battery in the pump unit within 16
removable without causing a loss or hours.
gain of capsule weight. The cassette
shall be designed to prevent contami- § 74.5 Tests of coal mine dust personal
sampler units.
nants from entering or dust from leav-
ing the capsule when it is not in use, (a) The National Institute for Occu-
and to prevent the reversal of airflow pational Safety and Health (NIOSH),
through the capsule or other means of Department of Health and Human
removing dust collected on the filter. Services, shall conduct tests to deter-
(3) Arrangement of components. The mine whether a CMDPSU that is sub-
connections between the cyclone vor- mitted for approval under these regula-
tex finder and the capsule and between tions meets the requirements set forth
the capsule and the 1⁄4-inch (0.64 centi- in § 74.4.
meters) (inside diameter) hose men- (b) The Mine Safety and Health Ad-
tioned in paragraph (b)(5) of this sec- ministration (MSHA), Department of
488
Labor, will conduct tests and evalua- more active mines under routine oper-
tions to determine whether the pump ating conditions during production
unit of a CMDPSU that is submitted shifts.
for approval under these regulations (2) The applicant shall submit the
complies with the applicable permissi- testing protocol, in writing, to NIOSH
bility provisions of 30 CFR 18.68. for approval prior to conducting such
testing.
§ 74.6 Quality control. (3) The applicant shall include the
The applicant shall describe the way testing protocol and written test re-
in which each lot of components will be sults in the application submitted to
sampled and tested to maintain its NIOSH as specified in § 74.13.
quality prior to assembly of each sam- (4) NIOSH will advise and assist the
pler unit. In order to assure that the applicant, as necessary, to develop a
quality of the CMDPSU will be main- testing protocol and arrange for the
tained in production through adequate conduct of testing specified in this
quality control procedures, MSHA and paragraph.
NIOSH reserve the right to have their (5) NIOSH may further inspect the
qualified personnel inspect each appli- device or conduct such tests as it
cant’s control-test equipment proce- deems necessary to assure the safety,
dures and records and to interview the comfort, practicality, and operability
employees who conduct the control of the device when it is worn by coal
tests. Two copies of the results of any miners in the performance of their du-
tests made by the applicant on the ties.
CMDPSU or the pump unit thereof (6) NIOSH may waive the require-
shall accompany an application pro- ment for the applicant to conduct test-
vided under § 74.13 of this part. ing under paragraph (b) of this section
if NIOSH determines that such testing
Subpart C—Requirements for is unnecessary to assure the safety,
Continuous Personal Dust Monitors comfort, practicality, and operability
of the device when it is worn by coal
§ 74.7 Design and construction re- miners in the performance of their du-
quirements. ties.
(a) General requirement. Continuous (c) Maximum weight. A CPDM shall
Personal Dust Monitors (CPDMs) shall not add more than 2 kg to the total
be designed and constructed for coal weight carried by the miner. CPDMs
miners to wear and operate without that are combined with other func-
impeding their ability to perform their tions, such as communication or illu-
work safely and effectively, and shall mination, may exceed 2 kg provided
be sufficiently durable to perform reli- that the total added weight carried by
ably in the normal working conditions the miner does not exceed 2 kg.
of coal mines. (d) Dust concentration range. The
(b) Ergonomic design testing. Prior to CPDM shall measure respirable coal
submitting an application under § 74.13, mine dust concentrations accurately,
the applicant shall develop a testing as specified under § 74.8, for an end-of-
protocol and test the CPDM to assure shift average measurement, for con-
that the device can be worn safely, centrations within a range from 0.2 to
without discomfort, and without im- 4.0 mg/m3 for respirable coal mine dust.
pairing a coal miner in the perform- For end-of-shift average concentra-
ance of duties throughout a full work tions exceeding 4.0 mg/m3, the CPDM
shift. The results of the test shall also shall provide a reliable indication that
demonstrate that the device will oper- the concentration exceeded 4.0 mg/m3.
ate consistently throughout a full (e) Environmental conditions. The
work shift under representative work- CPDM shall operate reliably and accu-
ing conditions of underground coal rately as specified under § 74.8, under
miners, including representative types the following environmental condi-
and durations of physical activity, tions:
tasks, and changes in body orientation. (1) At any ambient temperature and
(1) The testing protocol shall specify varying temperatures from minus 30 to
that the tests be conducted in one or plus 40 degrees centigrade;
489
§ 74.7 30 CFR Ch. I (7–1–20 Edition)
(2) At any atmospheric pressure from 61000–4–6, International Standard (Elec-

700 to 1000 millibars; tromagnetic compatibility—Part 4–6:
(3) At any ambient humidity from 10 Testing and measurement techniques—
to 100 percent relative humidity; and Immunity to conducted disturbances,
(4) While exposed to water mists gen- induced by radio-frequency fields), Edi-
erated for dust suppression and while tion 3.0, 2008–10. Persons must proceed
monitoring atmospheres including such in accordance with IEC 61000–4–6, Inter-
water mists. national Standard (Electromagnetic
(f) Electromagnetic interference. The compatibility—Part 4–6: Testing and
CPDM shall meet the following stand- measurement techniques—Immunity to
ards for control of and protection from conducted disturbances, induced by
electromagnetic interference. radio-frequency fields), Edition 3.0,
(1) For emissions control, operators 2008–10. The Director of the Federal
must follow: IEEE Std C95.1–2005, Register approves this incorporation
(IEEE Standard for Safety Levels with by reference in accordance with 5
Respect to Human Exposure to Radio U.S.C. 552(a) and 1 CFR part 51.
Frequency Electromagnetic Fields, 3
(i) Persons may obtain a copy from
kHz to 300 GHz) and 47 CFR 15.1
the International Electrotechnical
through 15.407 (FCC Radio Frequency
Commission at the address provided
Devices). Persons must proceed in ac-
below:
cordance with IEEE Std C95.1–2005
(IEEE Standard for Safety Levels with International Electrotechnical Com-
Respect to Human Exposure to Radio mission, IEC Central Office, 3, rue de
Frequency Electromagnetic Fields, 3 Varembé, P.O. Box 131, CH–1211 GENE-
kHz to 300 GHz). VA 20, Switzerland. http://
(i) The Director of the Federal Reg- www.standardsinfo.net.
ister approves this incorporation by (ii) Persons may inspect a copy at
reference in accordance with 5 U.S.C. MSHA, Office of Standards, Regula-
552(a) and 1 CFR part 51. Persons may tions, and Variances, 201 12th Street
obtain a copy from: American National South, Arlington, VA 22202–5452, 202–
Standards Institute (ANSI), 25 West 693–9440, or at the National Archives
43rd Street, New York, NY 10036. http:// and Records Administration (NARA).
www.ansi.org. For information on the availability of
(ii) Persons may inspect a copy at this material at NARA, call 202–741–
MSHA, Office of Standards, Regula- 6030, or go to: http://www.archives.gov/
tions, and Variances, 201 12th Street federallregister/
South, Arlington, VA 22202–5452, 202– codeloflfederallregulations/
693–9440, or at the National Archives ibrllocations.html.
and Records Administration (NARA). (g) Durability testing. The CPDM shall
For information on the availability of be designed and constructed to remain
this material at NARA, call 202–741– safe and measure respirable coal mine
6030, or go to: http://www.archives.gov/ dust concentrations accurately, as
federallregister/ specified under § 74.8 of this section
codeloflfederallregulations/ after undergoing the following dura-
ibrllocations.html. bility tests, which NIOSH will apply to
(2) For immunity/susceptibility pro- test devices prior to their use in fur-
tection, operators must follow: IEC ther testing under § 74.8 of this-subpart:
Vibration ...... Mil-Std-810F, 514.5 ........ U.S. Highway Vibration, 1 Hours/Axis, 3 Axis;
Restrained Figure Total Duration = 3 Hrs,
514.5C–1. equivalent to 1,000
miles.
Drop ............ 3-foot drop onto bare In standard in-use con- 1 drop per axis (3 total).
concrete surface. figuration.
(1) Persons must proceed in accord- ment of Defense Test Method for Envi-
ance with Mil-Std-810F, 514.5, Depart- ronmental Engineering Considerations
490
and Laboratory Tests, 1 January 2000. maintenance interval to assure such

The Director of the Federal Register performance shall be specified in the
approves this incorporation by ref- calibration instructions for the device.
erence in accordance with 5 U.S.C. (k) Battery check. If the CPDM uses a
552(a) and 1 CFR part 51. Persons may rechargeable battery, the CPDM shall
obtain a copy from the U.S. Depart- have a feature to indicate to the user
ment of Defense at the address pro- that the device is sufficiently charged
vided below. to operate and provide accurate meas-
ASC/ENOI, Bldg. 560, 2530 Loop Road urements for an entire shift of 12 hours
West, Wright-Patterson AFB OH 45433– under normal conditions of use.
7101. http://www.dtc.army.mil/navigator/.
(l) Integration with other personal min-
(2) Persons may inspect a copy at
MSHA, Office of Standards, Regula- ing equipment. (1) If the CPDM is inte-
tions, and Variances, 201 12th Street grated or shares functions with any
South, Arlington, VA 22202–5452; 202– other devices used in mines, such as
693–9440; or at the National Archives cap lights or power sources, then the
and Records Administration (NARA). applicant shall obtain approvals for
For information on the availability of such other devices, prior to receiving
this material at NARA, call 202–741– final certification of the CPDM under
6030, or go to: http://www.archives.gov/ this section.
federallregister/ (2) A CPDM that is integrated with
codeloflfederallregulations/ another device shall be tested, accord-
ibrllocations.html. ing to all the requirements under this
(h) Reporting of monitoring results. (1) part, with the other device coupled to
The CPDM shall report continuous the CPDM and operating.
monitoring results legibly or audibly (m) Tampering safeguards or indicators.
during use. A digital display, if used, The CPDM shall include a safeguard or
shall be illuminated and shall provide a indicator which either prevents inten-
minimum character height of 6 milli- tional or inadvertent altering of the
meters. Other forms of display (e.g., measuring or reporting functions or in-
analogue) must provide comparable
dicates that the measuring or report-
visibility. Auditory reporting, if used,
ing functions have been altered.
shall be clear, have adjustable volume,
and provide means for the user to ob- (n) Maintenance features. The CPDM
tain data reports repetitively. The shall be designed to assure that the de-
CPDM shall also report end-of-shift re- vice can be cleaned and maintained to
sults using computer software compat- perform accurately and reliably for the
ible with current, commonly used per- duration of its service life.
sonal computer technology. [75 FR 17523, Apr. 6, 2010, as amended at 80
(2) The CPDM shall report results as FR 52990, Sept. 2, 2015]
cumulative mass concentration in
units of mass per volume of air (mg/m3) § 74.8 Measurement, accuracy, and re-
with two significant figures of accu- liability requirements.
racy rounded as customary.
(a) Breathing zone measurement re-
(i) Power requirements. The power
quirement. The CPDM shall be capable
source of the CPDM shall have suffi-
of measuring respirable dust within the
cient capacity to enable continuous
sampling for 12 hours in a coal mine personal breathing zone of the miner
dust atmosphere of up to 4.0 mg/m3. If whose exposure is being monitored.
the CPDM uses a rechargeable battery, (b) Accuracy. The ability of a CPDM
the battery charger shall be operated to determine the true concentration of
from a 110 (VAC) (nominal), 60 Hz respirable coal mine dust at the end of
power line. a shift shall be established through
(j) Flow stability and calibration of testing that demonstrates the fol-
pump. If a pump is used, the flow shall lowing:
not vary more than ±5 percent of the (1) For full-shift measurements of 8
calibrated flow for 95 percent of sam- hours or more, a 95 percent confidence
ples taken for any continuous duration that the recorded measurements are
for up to 12 hours. The flow calibration
491
§ 74.9 30 CFR Ch. I (7–1–20 Edition)
within ±25 percent of the true res- mean of the distribution of measure-
pirable dust concentration, as deter- ments and the true dust concentration
mined by CMDPSU reference measure- being measured during testing shall be
ments, over a concentration range no greater than 10 percent. Bias must
from 0.2 to 4.0 mg/m3; and be constant over the range of dust con-
(2) For intra-shift measurements of centration levels tested, 0.2 to 4.0 mg/
less than 8 hours, a 95 percent con- m3 for an 8-hour sampling period.
fidence that the recorded measure- (f) Testing conditions. Laboratory and
ments are within ±25 percent of the mine testing of the CPDM for accu-
true respirable dust concentration, as racy, precision, bias, and reliability
determined by CMDPSU reference under diverse environmental condi-
measurements, over the concentration tions (as defined under § 74.7(e) and (g))
range equivalent to 0.2 to 4.0 mg/m3 for shall be determined using the NIOSH
an 8-hour period.1 testing procedure, ‘‘Continuous Per-
(c) Reliability of measurements. The sonal Dust Monitor Accuracy Testing,’’
CPDM shall meet the accuracy require- June 23, 2008, available at: http://
ments under paragraph (b) of this sec- www.cdc.gov/niosh/mining/pubs/
tion, regardless of the variation in den- pubreference/outputid3076.htm. All test-
sity, composition, size distribution of ing results shall be submitted to
respirable coal mine dust particles, and NIOSH in writing on the application
the presence of water spray mist in filed under § 74.11.
coal mines. (1) Persons must proceed in accord-
(d) Precision. The precision of the ance with NIOSH testing procedure
CPDM shall be established through ‘‘Continuous Personal Dust Monitor
testing to determine the variability of Accuracy Testing,’’ June 23, 2008. The
multiple measurements of the same Director of the Federal Register ap-
dust concentration, as defined by the proves this incorporation by reference
relative standard deviation of the dis- in accordance with 5 U.S.C. 552(a) and 1
tribution of measurements. The rel- CFR part 51. Persons may obtain a
ative standard deviation shall be less copy at the address below: NIOSH–Pub-
than 0.1275 without bias for both full- lications Dissemination, 4676 Columbia
shift measurements of 8 hours or more, Parkway, Cincinnati, OH 45226. http://
and for intra-shift measurements of www.cdc.gov/niosh/mining.
less than 8 hours within the dust con- (2) Persons may inspect a copy at
centration range equivalent to 0.2 to MSHA, Office of Standards, Regula-
4.0 mg/m3 for an 8-hour period, as speci- tions, and Variances, 201 12th Street
fied under paragraph (b)(2) of this sec- South, Arlington, VA 22202–5452; 202–
tion. 693–9440; or at the National Archives
(e) Bias. The bias of the CPDM meas- and Records Administration (NARA).
urements shall be limited such that the For information on the availability of
uncorrectable discrepancy between the this material at NARA, call 202–741–
6030, or go to: http://www.archives.gov/
1 The equivalent dust concentration range federallregister/
to the 8-hour range of 0.2 ¥ 4 mg/m3 is cal- codeloflfederallregulations/
culated by multiplying this 8-hour range by ibrllocations.html.
the dividend of eight hours divided by the [75 FR 17523, Apr. 6, 2010, as amended at 80
duration of the intrashift measurement spec- FR 52990, Sept. 2, 2015]
ified in units of hours. For example, for a
measurement taken at exactly one hour into § 74.9 Quality assurance.
the shift, the 8-hour equivalent dust con-
centration range would be a one-hour aver- (a) General requirements. The appli-
age concentration range of: 8 hours/1 hour × cant shall establish and maintain a
(0.2 ¥ 4 mg/m3) = 1.6 ¥ 32 mg/m3; for a two- quality control system that assures
hour measurement, the applicable con- that CPDM devices produced under the
centration range would be calculated as: 8 applicant’s certificate of approval meet
hours/2 hours × (0.2 ¥ 4 mg/m3) = 0.8 ¥ 16 mg/
m3; for a 4-hours measurement, the equiva-
the required specifications and are reli-
lent range would be: 0.4 ¥ 8 mg/m3; * * * etc. able, safe, effective, and otherwise suit-
able for their intended use. To estab-
A CPDM must perform accurately, as speci-

fied, for intrashift measurements within lish and to maintain an approval under
such equivalent concentration ranges. this part, the applicant shall:
492
(1) Submit a copy of the most recent device, revocation of approval until
registration under ISO Q9001–2000, NIOSH determines that the deficiency
American National Standard, Quality is corrected.
Management Systems-Requirements,
[75 FR 17523, Apr. 6, 2010, as amended at 80
published by ISO:
FR 52990, Sept. 2, 2015]
(i) With the application for approval
under § 74.13 of this part; and § 74.10 Operating and maintenance in-
(ii) Upon request by NIOSH, subse- structions.
quent to the approval of a CPDM under
this part. (a) Contents. The manufacturer must
(2) Persons must proceed in accord- include operating and storage instruc-
ance with ISO Q9001–2000, American tions and a maintenance and service
National Standard, Quality Manage- life plan with each new CPDM device
ment Systems-Requirements. The Di- sold. These documents must be clearly
rector of the Federal Register approves written.
this incorporation by reference in ac- (1) Operating and storage instruc-
cordance with 5 U.S.C. 552(a) and 1 CFR tions must include:
part 51. Persons may obtain a copy (i) An explanation of how the CPDM
from the International Organization works;
for Standardization at the address pro- (ii) A schematic diagram of the
vided below. CPDM;
International Organization for (iii) Procedures for wearing and use
Standardization, ISO Central Secre- of the CPDM;
tariat, 1, ch. de la Voie-Creuse, Case
(iv) A one page ‘‘quick start guide’’
Postale 56, CH–1211 GENEVA 20, Swit-
that will enable a novice to start and
zerland. http://www.standardsinfo.net.
operate the CPDM.
(3) Persons may inspect a copy at
MSHA, Office of Standards, Regula- (v) Procedures for calibration of the
tions, and Variances, 201 12th Street CPDM;
South, Arlington, VA 22202–5452; 202– (vi) Procedures for inspecting the op-
693–9440; or at the National Archives erating condition of the CPDM;
and Records Administration (NARA). (vii) Procedures and conditions for
For information on the availability of storage, including the identification of
this material at NARA, call 202–741– any storage conditions that would like-
6030, or go to: http://www.archives.gov/ ly impair the effective functioning of
federallregister/ the CPDM; and
codeloflfederallregulations/ (viii) Procedures and conditions of
ibrllocations.html. use, including identification of any
(b) Quality management audits. Upon conditions of use that would likely im-
request, applicants or approval holders pair the effective functioning of the
must allow NIOSH to inspect the qual- CPDM.
ity management procedures and (2) The maintenance and service life
records, and to interview any employ- plan must address:
ees who may be knowledgeable of qual-
(i) Conditions that should govern the
ity management processes associated
removal from service of the CPDM; and
with the production of the CPDM. Au-
dits may be conducted either on an oc- (ii) Procedures that a user or others
casional or periodic basis or in re- should follow when inspecting, per-
sponse to quality-related complaints or forming maintenance and calibration,
concerns. and determining when the CPDM
(c) Applicant remediation of quality should be removed from service.
management deficiencies. An applicant (b) Submission to NIOSH for approval.
or approval holder must correct any A copy of the instructions and plan
quality management deficiency identi- under paragraph (a) of this section
fied by an audit within a reasonable shall be submitted to NIOSH with the
time as determined by NIOSH. Failure application for approval of the CPDM
to correct a deficiency may result in and if substantive changes are made to
NIOSH disapproval of a pending appli- the approved device or approved in-

cation or, in the case of an approved structions.
493
§ 74.11 30 CFR Ch. I (7–1–20 Edition)
§ 74.11 Tests of the continuous per- ing considered for the approval of the
sonal dust monitor. device. The conduct of any additional
(a) Applicant testing. The applicant investigations, tests, and demonstra-
shall conduct tests to determine tions shall be under the sole direction
whether a CPDM that is submitted for of MSHA and NIOSH and any other
approval under these regulations meets persons shall be present only as observ-
the requirements specified in §§ 74.7–74.8 ers.
of this part, with the exception of dura-
bility testing, which shall be conducted § 74.13 Applications.
by NIOSH as specified in § 74.7(g) of this (a) Testing of a CMDPSU will be per-
part. Applicant testing shall be performed by NIOSH, and testing of the
formed by an independent testing enti- pump unit of the CMDPSU will be con-
ty approved by NIOSH. ducted by MSHA. The applicant must
(b) NIOSH testing assistance. NIOSH
submit a written application in dupli-
will provide consultation to the appli-
cate to both NIOSH and MSHA. Each
cant to identify and secure necessary
copy of the application must be accom-
testing services for meeting the re-
quirements specified in §§ 74.7–74.8 of panied by complete scale drawings,
this part. Applicants must submit test- specifications, and a description of ma-
ing protocols to NIOSH prior to testing terials. Ten complete CMDPSUs must
to verify that the testing protocols be submitted to NIOSH with the appli-
adequately address the requirements. cation, and one pump unit must be sub-
(c) Reporting of applicant testing re- mitted to MSHA.
sults. The applicant shall include the (b) Testing of a CPDM will be per-
results from testing specified under formed by the applicant as specified
paragraph (a) of this section when sub- under § 74.11. The applicant must sub-
mitting the application under § 74.13 of mit a written application in duplicate
this part to NIOSH. to both NIOSH and MSHA. Each copy
(d) Intrinsic safety testing. The appli- of the application must be accom-
cant shall submit the CPDM to MSHA panied by complete scale drawings,
for testing and evaluation, pursuant to specifications, a description of mate-
30 CFR 18.68, to determine whether the rials, and a copy of the testing protocol
electronic components of the CPDM and test results which were provided by
submitted for approval meet the appli- an independent testing entity, as speci-
cable permissibility provisions. fied in § 74.11(a). Three complete CPDM
units must be sent to NIOSH with the
Subpart D—General Requirements application, and one CPDM device
for All Devices must be sent to MSHA.
(c) Complete drawings and specifica-
§ 74.12 Conduct of tests; demonstrations accompanying each copy of the
tions.
application shall be fully detailed to
(a) Prior to the issuance of a certifi- identify the design of the CMDPSU or
cate of approval, only personnel of pump unit thereof or of the CPDM and
MSHA and NIOSH, representatives of to disclose the dimensions and mate-
the applicant, and such other persons rials of all component parts.
as may be mutually agreed upon may
observe the tests conducted. MSHA and § 74.14 Certificate of approval.
NIOSH shall hold as confidential, and
shall not disclose, principles of patent- (a) Upon completion of the testing of
able features, nor shall MSHA or a CMDPSU or the pump unit or after
NIOSH disclose any details of the ap- review of testing protocols and testing
plicant’s drawings or specifications or results for the CPDM, NIOSH or
other related material. MSHA, as appropriate, shall issue to
(b) After the issuance of a certificate the applicant either a certificate of ap-
of approval, MSHA or NIOSH will con- proval or a written notice of dis-
duct such public demonstrations and approval. NIOSH will not issue a cer-
tests of the approved device as MSHA tificate of approval unless MSHA has
or NIOSH deem appropriate, and may first issued a certificate of approval for
reveal the protocols and results of test- either the pump unit of a CMDPSU or
494
for the CPDM. If a certificate of ap- which the certificate of approval was
proval is issued, no test data or de- based. Use of the approval labels is au-
tailed results of tests will accompany thorized only on CMDPSUs or CPDMs,
such approval. If a notice of dis- as appropriate, that conform to the
approval is issued, it will be accom- drawings and specifications upon which
panied by details of the defects, result- the certificate of approval we based.
ing in disapproval, with a view to pos-
sible correction. § 74.16 Material required for record.
(b) A certificate of approval will be (a) As part of the permanent record
accompanied by a list of the drawings of the approval application process,
and specifications covering the details NIOSH will retain a complete CMDPSU
of design and construction of the or CPDM, as appropriate, and MSHA
CMDPSU and the pump unit, or of the will retain a CMDPSU or CPDM, as ap-
CPDM, as appropriate, upon which the propriate, that has been tested and cer-
certificate of approval is based. The ap- tified. Material not required for record
plicant shall keep exact duplicates of purposes will be returned to the appli-
the drawings and specifications sub- cant at the applicant’s request and ex-
mitted to NIOSH and to MSHA relating pense upon receipt of written shipping
to the CMDPSU, the pump unit there- instructions by MSHA or NIOSH.
of, or the CPDM, which has received a (b) As soon as a CMDPSU or CPDM,
certificate of approval. The approved as appropriate, is commercially avail-
drawings and specifications shall be ad- able, the applicant shall deliver a com-
hered to exactly in the production of plete sampling device free of charge to
the certified CMDPSU, including the NIOSH at the address specified on the
pump unit or of the CPDM, for com- NIOSH Web page: http://www.cdc.gov/
mercial purposes. In addition, the ap- niosh/mining.
plicant shall observe such procedures
for, and keep such records of, the con- § 74.17 Changes after certification.
trol of component parts as either (a) If the applicant desires to change
MSHA or NIOSH may in writing re- any feature of a certified CMDPSU or a
quire as a condition of approval. certified CPDM, the applicant shall
first obtain the approval of NIOSH pur-
§ 74.15 Approval labels. suant to the following procedures:
(a) Certificate of approval will be ac- (1) Application shall be made as for
companied by photographs of designs an original certificate of approval, re-
for the approval labels to be affixed to questing that the existing certification
each CMDPSU or CPDM, as appro- be extended to encompass the proposed
priate. change. The application shall be ac-
(b) The labels showing approval by companied by drawings, specifications,
NIOSH and by MSHA shall contain and related material.
such information as MSHA or NIOSH (2) The application and accom-
may require and shall be reproduced panying material will be examined by
legibly on the outside of a CMDPSU or NIOSH to determine whether testing of
CPDM, as appropriate, as directed by the modified CMDPSU or CPDM or
NIOSH or MSHA. components will be required. Testing
(c) The applicant shall submit full- will be necessary if there is a possi-
scale designs or reproductions of ap- bility that the modification may ad-
proval labels and a sketch or descrip- versely affect the performance of the
tion of the position of the labels on CMDPSU or CPDM. NIOSH will inform
each sampling device. the applicant whether such testing is
(d) Use of the approval labels obli- required.
gates the applicant to whom the cer- (3) If the proposed modification
tificate of approval was issued to main- meets the pertinent requirements of
tain the quality of the complete these regulations, a formal extension
CMDPSU or CPDM, as appropriate, and of certification will be issued, accom-
to guarantee that the complete panied by a list of new and revised
CMDPSU or CPDM, as appropriate, is drawings and specifications to be added
manufactured or assembled according to those already on file as the basis for

to the drawings and specifications upon the extension of certification.
495
§ 74.18 30 CFR Ch. I (7–1–20 Edition)
(b) If a change is proposed in a pump 75.214 Supplemental support materials,

unit of a certified CMDPSU or in elec- equipment and tools.
trical components of a CPDM, the ap- 75.215 Longwall mining systems.
75.220 Roof control plan.
proval of MSHA with respect to intrin- 75.221 Roof control plan information.
sic safety shall be obtained in accord- 75.222 Roof control plan—approval criteria.
ance with the procedures set forth in 75.223 Evaluation and revision of roof con-
§ 74.11(d). trol plan.
§ 74.18 Withdrawal of certification. Subpart D—Ventilation

Any certificate of approval issued 75.300 Scope.
under this part may be revoked for 75.301 Definitions.
cause by NIOSH or MSHA which issued 75.302 Main mine fans.
the certificate. 75.310 Installation of main mine fans.
75.311 Main mine fan operation.
75.312 Main mine fan examinations and
PART 75—MANDATORY SAFETY records.
STANDARDS—UNDERGROUND 75.313 Main mine fan stoppage with persons
COAL MINES underground.
75.320 Air quality detectors and measure-
ment devices.
Subpart A—General 75.321 Air quality.
Sec. 75.322 Harmful quantities of noxious gases.
75.1 Scope. 75.323 Actions for excessive methane.
75.2 Definitions. 75.324 Intentional changes in the ventila-
tion system.
Subpart B—Qualified and Certified Persons 75.325 Air quantity.
75.326 Mean entry air velocity.
75.100 Certified person. 75.327 Air courses and trolley haulage sys-
75.150 Tests for methane and for oxygen de- tems.
ficiency; qualified person. 75.330 Face ventilation control devices.
75.151 Tests for methane; qualified person; 75.331 Auxiliary fans and tubing.
additional requirement. 75.332 Working sections and working places.
75.152 Tests of air flow; qualified person. 75.333 Ventilation controls.
75.153 Electrical work; qualified person. 75.334 Worked-out areas and areas where
75.154 Repair of energized surface high volt- pillars are being recovered.
age lines; qualified person. 75.335 Seal strengths, design applications,
75.155 Qualified hoisting engineer; qualifica- and installation.
tions. 75.336 Sampling and monitoring require-
75.156 AMS operator, qualifications. ments.
75.159 Records of certified and qualified per- 75.337 Construction and repair of seals.
sons. 75.338 Training.
75.160 Training programs. 75.339 Seals records.
75.161 Plans for training programs. 75.340 Underground electrical installations.
75.341 Direct-fired intake air heaters.
Subpart C—Roof Support 75.342 Methane monitors.
75.343 Underground shops.
75.200 Scope. 75.344 Compressors.
75.201 Definitions. 75.350 Belt air course ventilation.
75.202 Protection from falls of roof, face and 75.351 Atmospheric monitoring systems.
ribs. 75.352 Actions in response to AMS malfunc-
75.203 Mining methods. tion, alert, or alarm signals.
75.204 Roof bolting. 75.360 Preshift examination at fixed inter-
75.205 Installation of roof support using vals.
mining machines with integral roof bolt- 75.361 Supplemental examination.
ers. 75.362 On-shift examination.
75.206 Conventional roof support. 75.363 Hazardous conditions and violations
75.207 Pillar recovery. of mandatory health or safety standards;
75.208 Warning devices. posting, correcting, and recording.
75.209 Automated Temporary Roof Support 75.364 Weekly examination.
(ATRS) systems. 75.370 Mine ventilation plan; submission
75.210 Manual installation of temporary and approval.
support. 75.371 Mine ventilation plan; contents.
75.211 Roof testing and scaling. 75.372 Mine ventilation map.
75.212 Rehabilitation of areas with unsup- 75.373 Reopening mines.

ported roof. 75.380 Escapeways; bituminous and lignite
75.213 Roof support removal. mines.
496
75.381 Escapeways; anthracite mines. 75.511 Low-, medium-, or high-voltage dis-
75.382 Mechanical escape facilities. tribution circuits and equipment; repair.
75.384 Longwall and shortwall travelways. 75.511–1 Qualified person.
75.385 Opening new mines. 75.512 Electric equipment; examination,
75.386 Final mining of pillars. testing and maintenance.
75.388 Boreholes in advance of mining. 75.512–1 Qualified person.
75.389 Mining into inaccessible areas. 75.512–2 Frequency of examinations.
75.513 Electric conductor; capacity and in-
Subpart E—Combustible Materials and sulation.
Rock Dusting 75.513–1 Electric conductor; size.
75.514 Electrical connections or splices;
75.400 Accumulation of combustible mate- suitability.
rials. 75.515 Cable fittings; suitability.
75.400–1 Definitions. 75.516 Power wires; support.
75.400–2 Cleanup program. 75.516–1 Installed insulators.
75.401 Abatement of dust; water or water 75.516–2 Communication wires and cables;
with a wetting agent. installation; insulation; support.
75.401–1 Excessive amounts of dust. 75.517 Power wires and cables; insulation
75.402 Rock dusting. and protection.
75.402–1 Definition. 75.517–1 Power wires and cables; insulation
75.402–2 Exceptions. and protection.
75.403 Maintenance of incombustible con- 75.517–2 Plans for insulation of existing bare
tent of rock dust. power wires and cables.
75.403–1 Incombustible content. 75.518 Electric equipment and circuits; over-
75.404 Exemption of anthracite mines. load and short circuit protection.
75.518–1 Electric equipment and circuits;
Subpart F—Electrical Equipment—General overload and short circuit protection;
minimum requirements.
75.500 Permissible electric equipment.
75.518–2 Incandescent lamps; overload and
75.500–1 Other low horsepower electric face
short circuit protection.
equipment.
75.519 Main power circuits; disconnecting
75.501 Permissible electric face equipment;
switches.
coal seams above water table.
75.501–1 Coal seams above the water table. 75.519–1 Main power circuits; disconnecting
75.501–2 Permissible electric face equip- switches; locations.
ment. 75.520 Electric equipment; switches.
75.501–3 New openings; mines above water 75.521 Lightning arresters; ungrounded and
table and never classed gassy. exposed power conductors and telephone
75.502 Permits for noncompliance. wires.
75.503 Permissible electric face equipment; 75.522 Lighting devices.
maintenance. 75.522–1 Incandescent and fluorescent
75.503–1 Statement listing all electric face lamps.
equipment. 75.523 Electric face equipment;
75.504 Permissibility of new, replacement, deenergization.
used, reconditioned, additional, and re- 75.523–1 Deenergization of self-propelled
built electric face equipment. electric face equipment installation re-
75.505 Mines classed gassy; use and mainte- quirements.
nance of permissible electric face equip- 75.523–2 Deenergization of self-propelled
ment. electric face equipment; performance re-
75.506 Electric face equipment; require- quirements.
ments for permissibility. 75.523–3 Automatic emergency-parking
75.506–1 Electric face equipment; permis- brakes.
sible condition; maintenance require- 75.524 Electric face equipment; electric
ments. equipment used in return air outby the
75.507 Power connection points. last open crosscut; maximum level of al-
75.507–1 Electric equipment other than ternating or direct electric current be-
power-connection points; outby the last tween frames of equipment.
open crosscut; return air; permissibility APPENDIX A TO SUBPART F OF PART 75—LIST
requirements. OF PERMISSIBLE ELECTRIC FARE EQUIP-
75.508 Map of electrical system. MENT APPROVED BY THE BUREAU OF MINES
75.508–1 Mine tracks. PRIOR TO MAY 23, 1936
75.508–2 Changes in electric system map; re-
cording. Subpart G—Trailing Cables
75.509 Electric power circuit and electric
equipment; deenergization. 75.600 Trailing cables; flame resistance.
75.510 Energized trolley wires; repair. 75.600–1 Approved cables; flame resistance.
75.510–1 Repair of energized trolley wires; 75.601 Short circuit protection of trailing
training. cables.
497
75.601–1 Short circuit protection; ratings 75.705–5 Installation of protective equip-
and settings of circuit breakers. ment.
75.601–2 Short circuit protection; use of 75.705–6 Protective clothing; use and inspec-
fuses; approval by the Secretary. tion.
75.601–3 Short circuit protection; dual ele- 75.705–7 Protective equipment; inspection.
ment fuses; current ratings; maximum 75.705–8 Protective equipment; testing and
values. storage.
75.602 Trailing cable junctions. 75.705–9 Operating disconnecting or cutout
75.603 Temporary splice of trailing cable. switches.
75.604 Permanent splicing of trailing cables. 75.705–10 Tying into energized high-voltage
75.605 Clamping of trailing cables to equip- surface circuits.
ment. 75.705–11 Use of grounded messenger wires;
75.606 Protection of trailing cables. ungrounded systems.
75.607 Breaking trailing cable and power 75.706 Deenergized underground power cir-
cable connections. cuits; idle days—idle shifts.
Subpart H—Grounding Subpart I—Underground High-Voltage

Distribution
75.700 Grounding metallic sheaths, armors
and conduits enclosing power conductors. 75.800 High-voltage circuits; circuit break-
75.700–1 Approved methods of grounding. ers.
75.701 Grounding metallic frames, casings 75.800–1 Circuit breakers; location.
and other enclosures of electric equip- 75.800–2 Approved circuit schemes.
ment. 75.800–3 Testing, examination and mainte-
75.701–1 Approved methods of grounding of nance of circuit breakers; procedures.
equipment receiving power from 75.800–4 Testing, examination, and mainte-
ungrounded alternating current power nance of circuit breakers; record.
systems. 75.801 Grounding resistors.
75.701–2 Approved method of grounding me- 75.802 Protection of high-voltage circuits
tallic frames, casings and other enclo- extending underground.
sures receiving power from single-phase 75.803 Fail safe ground check circuits on
110–220-volt circuit. high-voltage resistance grounded sys-
75.701–3 Approved methods of grounding me- tems.
tallic frames, casings and other enclo- 75.803–1 Maximum voltage ground check cir-
sures of electric equipment receiving cuits.
power from direct current power systems 75.803–2 Ground check systems not employ-
with one polarity grounded. ing pilot check wires; approval by the
75.701–4 Grounding wires; capacity of wires. Secretary.
75.701–5 Use of grounding connectors. 75.804 Underground high-voltage cables.
75.702 Protection other than grounding. 75.805 Couplers.
75.702–1 Protection other than grounding; 75.806 Connection of single-phase loads.
approved by an authorized representative 75.807 Installation of high-voltage trans-
of the Secretary. mission cables.
75.703 Grounding offtrack direct-current 75.808 Disconnecting devices.
machines and enclosures of related de- 75.809 Identification of circuit breakers and
tached components. disconnecting switches.
75.703–1 Approved method of grounding. 75.810 High-voltage trailing cables; splices.
75.703–2 Approved grounding mediums. 75.811 High-voltage underground equipment;
75.703–3 Approved methods of grounding off- grounding.
track mobile, portable and stationary di- 75.812 Movement of high-voltage power cen-
rect-current machines. ters and portable transformers; permit.
75.703–4 Other methods of protecting off- 75.812–1 Qualified person.
track direct-current equipment; ap- 75.812–2 High-voltage power centers and
proved by an authorized representative transformers; record of examination.
of the Secretary.
HIGH-VOLTAGE LONGWALLS
75.704 Grounding frames of stationary high-
voltage equipment receiving power from 75.813 High-voltage longwalls; scope.
ungrounded delta systems. 75.814 Electrical protection.
75.704–1 Approved methods of grounding. 75.815 Disconnect devices.
75.705 Work on high-voltage lines; deener- 75.816 Guarding of cables.
gizing and grounding. 75.817 Cable handling and support systems.
75.705–1 Work on high-voltage lines. 75.818 Use of insulated cable handling equip-
75.705–2 Repairs to energized surface high- ment.
voltage lines. 75.819 Motor-starter enclosures; barriers
75.705–3 Work on energized high-voltage sur- and interlocks.

face lines; reporting. 75.820 Electrical work; troubleshooting and
75.705–4 Simultaneous repairs. testing.
498
75.821 Testing, examination and mainte- 75.1003 Insulation of trolley wires, trolley
nance. feeder wires and bare signal wires; guard-
75.822 Underground high-voltage longwall ing of trolley wires and trolley feeder
cables. wires.
75.823 Scope. 75.1003–1 Other requirements for guarding of
75.824 Electrical protection. trolley wires and trolley feeder wires.
75.825 Power centers. 75.1003–2 Requirements for movement of off-
75.826 High-voltage trailing cables. track mining equipment in areas of ac-
75.827 Guarding of trailing cables. tive workings where energized trolley
75.828 Trailing cable pulling. wires or trolley feeder wires are present;
75.829 Tramming continuous mining ma- pre-movement requirements; certified
chines in and out of the mine and from and qualified persons.
section to section.
75.830 Splicing and repair of trailing cables. Subpart L—Fire Protection
75.831 Electrical work; troubleshooting and
testing. 75.1100 Requirements.
75.832 Frequency of examinations; record- 75.1100–1 Type and quality of firefighting
keeping. equipment.
75.833 Handling high-voltage trailing cables. 75.1100–2 Quantity and location of fire-
75.834 Training. fighting equipment.
APPENDIX A TO SUBPART I OF PART 75—DIA- 75.1100–3 Condition and examination of fire-
GRAMS OF INBY AND OUTBY SWITCHING fighting equipment.
75.1101 Deluge-type water sprays, foam gen-
Subpart J—Underground Low- and Me- erators; main and secondary belt-con-
dium-Voltage Alternating Current Cir- veyor drives.
cuits 75.1101–1 Deluge-type water spray systems.
75.1101–2 Installation of deluge-type sprays.
75.900 Low- and medium-voltage circuits 75.1101–3 Water requirements.
serving three-phase alternating current 75.1101–4 Branch lines.
equipment; circuit breakers. 75.1101–5 Installation of foam generator sys-
75.900–1 Circuit breakers; location. tems.
75.900–2 Approved circuit schemes. 75.1101–6 Water sprinkler systems; general.
75.900–3 Testing, examination and mainte- 75.1101–7 Installation of water sprinkler sys-
nance of circuit breakers; procedures. tems; requirements.
75.900–4 Testing, examination and mainte- 75.1101–8 Water sprinkler systems; arrange-
nance of circuit breakers; record. ment of sprinklers.
75.901 Protection of low- and medium-volt- 75.1101–9 Back-up water system.
age three-phase circuits used under- 75.1101–10 Water sprinkler systems; fire
ground. warning devices at belt drives.
75.902 Low- and medium-voltage ground 75.1101–11 Inspection of water sprinkler sys-
check monitor circuits. tems.
75.902–1 Maximum voltage ground check cir- 75.1101–12 Equivalent dry-pipe system.
cuits. 75.1101–13 Dry powder chemical systems;
75.902–2 Approved ground check systems not general.
employing pilot check wires. 75.1101–14 Installation of dry powder chem-
75.902–4 Attachment of ground conductors ical systems.
and ground check wires to equipment 75.1101–15 Construction of dry powder chem-
frames; use of separate connections. ical systems.
75.903 Disconnecting devices. 75.1101–16 Dry powder chemical systems;
75.904 Identification of circuit breakers. sensing and fire suppression devices.
75.905 Connection of single-phase loads. 75.1101–17 Sealing of dry powder chemical
75.906 Trailing cables for mobile equipment, systems.
ground wires and ground check wires. 75.1101–18 Dry powder requirements.
75.907 Design of trailing cables for medium- 75.1101–19 Nozzles; flow rate and direction.
voltage circuits. 75.1101–20 Safeguards for dry powder chem-
APPENDIX A TO SUBPART J OF PART 75 ical systems.
75.1101–21 Back-up water system.
Subpart K—Trolley Wires and Trolley Feeder 75.1101–22 Inspection of dry powder chemical
Wires systems.
75.1102 Slippage and sequence switches.
75.1000 Cutout switches. 75.1103 Automatic fire warning devices.
75.1001 Overcurrent protection. 75.1103–1 Automatic fire sensors.
75.1001–1 Devices for overcurrent protection; 75.1103–2 Automatic fire sensors; approved
testing and calibration requirements; components; installation requirements.
records. 75.1103–3 Automatic fire sensor and warning

75.1002 Installation of electric equipment device systems; minimum requirements;
and conductors; permissibility. general.
499
75.1103–4 Automatic fire sensor and warning 75.1107–7 Water spray devices; capacity;
device systems; installation; minimum water supply; minimum requirements.
requirements. 75.1107–8 Fire suppression devices;
75.1103–5 Automatic fire warning devices; extinguishant supply systems.
actions and response. 75.1107–9 Dry chemical devices; capacity;
75.1103–6 Automatic fire sensors; actuation minimum requirements.
of fire suppression systems. 75.1107–10 High expansion foam devices;
75.1103–7 Electrical components; permissi- minimum capacity.
bility requirements. 75.1107–11 Extinguishing agents; require-
75.1103–8 Automatic fire sensor and warning ments on mining equipment employed in
device systems; examination and test re- low coal.
quirements. 75.1107–12 Inerting of mine atmosphere pro-
75.1103–9 Minimum requirements; fire sup- hibited.
pression materials and location; mainte- 75.1107–13 Approval of other fire suppression
nance of entries and crosscuts; access devices.
doors; communications; fire crews: high- 75.1107–14 Guards and handrails; require-
expansion foam devices. ments where fire suppression devices are
75.1103–10 Fire suppression systems; addi- employed.
tional requirements. 75.1107–15 Fire suppression devices; hazards;
75.1103–11 Tests of fire hydrants and fire training of miners.
hose; record of tests. 75.1107–16 Inspection of fire suppression de-
75.1104 Underground storage, lubricating oil vices.
and grease. 75.1107–17 Incorporation by reference; avail-
75.1106 Welding, cutting, or soldering with ability of publications.
arc or flame underground. 75.1108 Approved conveyor belts.
75.1106–1 Test for methane.
Subpart M—Maps
TRANSPORTATION, HANDLING AND STORAGE OF
LIQUEFIED AND NONLIQUEFIED COMPRESSED 75.1200 Mine map.
GAS CYLINDERS 75.1200–1 Additional information on mine
map.
75.1106–2 Transportation of liquefied and
75.1200–2 Accuracy and scale of mine maps.
nonliquefied compressed gas cylinders;
75.1201 Certification.
requirements.
75.1202 Temporary notations, revisions, and
75.1106–3 Storage of liquefied and nonlique-
supplements.
fied compressed gas cylinders; require-
75.1202–1 Temporary notations, revisions,
ments.
and supplements.
75.1106–4 Use of liquefied and nonliquefied
75.1203 Availability of mine map.
compressed gas cylinders; general re-
75.1204 Mine closure; filing of map with Sec-
quirements.
retary.
75.1106–5 Maintenance and tests of liquefied
75.1204–1 Places to give notice and file
and nonliquefied compressed gas cyl-
maps.
inders; accessories and equipment; re-
quirements.
Subpart N—Explosives and Blasting
75.1106–6 Exemption of small low pressure
gas cylinders containing nonflammable 75.1300 Definitions.
or nonexplosive gas mixtures. 75.1301 Qualified person.
75.1310 Explosives and blasting equipment.
FIRE SUPPRESSION DEVICES AND FIRE-RESIST-
75.1311 Transporting explosives and deto-
ANT HYDRAULIC FLUIDS ON UNDERGROUND
nators.
EQUIPMENT
75.1312 Explosives and detonators in under-
75.1107 Fire suppression devices. ground magazines.
75.1107–1 Fire-resistant hydraulic fluids and 75.1313 Explosives and detonators outside of
fire suppression devices on underground magazines.
equipment. 75.1314 Sheathed explosive units.
75.1107–2 Approved fire-resistant hydraulic 75.1315 Boreholes for explosives.
fluids; minimum requirements. 75.1316 Preparation before blasting.
75.1107–3 Fire suppression devices; approved 75.1317 Primer cartridges.
components; installation requirements. 75.1318 Loading boreholes.
75.1107–4 Automatic fire sensors and manual 75.1319 Weight of explosives permitted in
actuators; installation; minimum re- boreholes in bituminous and lignite
quirements. mines.
75.1107–5 Electrical components of fire sup- 75.1320 Multiple-shot blasting.
pression devices; permissibility require- 75.1321 Permit for firing more than 20
ments. boreholes and to use nonpermissible

75.1107–6 Capacity of fire suppression de- blasting units.
vices; location and direction of nozzles. 75.1322 Stemming boreholes.
500
75.1323 Blasting circuits. 75.1504 Mine emergency evacuation training
75.1324 Methane concentration and tests. and drills.
75.1325 Firing procedure. 75.1505 Escapeway maps.
75.1326 Examination after blasting. 75.1506 Refuge alternatives.
75.1327 Misfires. 75.1507 Emergency Response Plan; refuge al-
75.1328 Damaged or deteriorated explosives ternatives.
and detonators. 75.1508 Training and records for examina-
tion, maintenance and repair of refuge
Subpart O—Hoisting and Mantrips alternatives and components.
75.1400 Hoisting equipment; general. Subpart Q—Communications
75.1400–1 Hoists; brakes, capability.
75.1400–2 Hoists; tests of safety catches; 75.1600 Communications.
records. 75.1600–1 Communication facilities; main
75.1400–3 Daily examination of hoisting portals; installation requirements.
equipment. 75.1600–2 Communication facilities; working
75.1400–4 Certifications and records of daily sections; installation and maintenance
examinations. requirements; audible or visual alarms.
75.1401 Hoists; rated capacities; indicators. 75.1600–3 Communications facilities; refuge
75.1401–1 Hoists; indicators. alternatives.
75.1402 Communication between shaft sta-
tions and hoist room. Subpart R—Miscellaneous
75.1402–1 Communication between shaft sta-
tions and hoist room. 75.1700 Oil and gas wells.
75.1402–2 Tests of signaling systems. 75.1702 Smoking; prohibition.
75.1403 Other safeguards. 75.1702–1 Smoking programs.
75.1403–1 General criteria. 75.1703 Portable electric lamps.
75.1403–2 Criteria—Hoists transporting ma- 75.1703–1 Permissible lamps.
terials; brakes. 75.1707–1 New working section.
75.1403–3 Criteria—Drum clutch; cage con- 75.1708 Surface structures, fireproofing.
struction. 75.1708–1 Surface structures; fireproof con-
75.1403–4 Criteria—Automatic elevators. struction.
75.1403–5 Criteria—Belt conveyors. 75.1709 Accumulations of methane and coal
75.1403–6 Criteria—Self-propelled personnel dust on surface coal-handling facilities.
carriers. 75.1710 Canopies or cabs; diesel-powered and
75.1403–7 Criteria—Mantrips. electric face equipment.
75.1403–8 Criteria—Track haulage roads. 75.1710–1 Canopies or cabs; self-propelled
75.1403–9 Criteria—Shelter holes. diesel-powered and electric face equip-
75.1403–10 Criteria—Haulage; general. ment; installation requirements.
75.1403–11 Criteria—Entrances to shafts and 75.1711 Sealing of mines.
slopes. 75.1711–1 Sealing of shaft openings.
75.1404 Automatic brakes; speed reduction 75.1711–2 Sealing of slope or drift openings.
gear. 75.1711–3 Openings of active mines.
75.1404–1 Braking system. 75.1712 Bath houses and toilet facilities.
75.1405 Automatic couplers. 75.1712–1 Availability of surface bathing fa-
75.1405–1 Automatic couplers, haulage cilities; change rooms; and sanitary fa-
equipment. cilities.
75.1712–2 Location of surface facilities.
WIRE ROPES 75.1712–3 Minimum requirements of surface
75.1429 Guide ropes. bathing facilities, change rooms, and
75.1430 Wire ropes; scope. sanitary toilet facilities.
75.1431 Minimum rope strength. 75.1712–4 Waiver of surface facilities re-
75.1432 Initial measurement. quirements.
75.1433 Examinations. 75.1712–5 Application for waiver of surface
75.1434 Retirement criteria. facilities.
75.1435 Load end attachments. 75.1712–6 Underground sanitary facilities;
75.1436 Drum end attachment. installation and maintenance.
75.1437 End attachment retermination. 75.1712–7 Underground sanitary facilities;
75.1438 End attachment replacement. waiver of requirements.
75.1712–8 Application for waiver of location
Subpart P—Mine Emergencies requirements for underground sanitary
facilities.
75.1500 [Reserved] 75.1712–9 Issuance of waivers.
75.1501 Emergency evacuations. 75.1712–10 Underground sanitary facilities;
75.1502 Mine emergency evacuation and fire- maintenance.

fighting program of instruction. 75.1713 Emergency medical assistance; first-
75.1503 Use of fire suppression equipment. aid.
501
§ 75.1 30 CFR Ch. I (7–1–20 Edition)
75.1713–1 Arrangements for emergency med- 75.1726 Performing work from a raised posi-
ical assistance and transportation for in- tion; safeguards.
jured persons; agreements; reporting re- 75.1727 Drive belts.
quirements; posting requirements. 75.1728 Power-driven pulleys.
75.1713–2 Emergency communications; re- 75.1729 Welding operations.
quirements. 75.1730 Compressed air; general; compressed
75.1713–3 First-Aid training; supervisory air systems.
employees. 75.1731 Maintenance of belt conveyors and
75.1713–4 First-aid training program; avail- belt conveyor entries.
ability of instruction to all miners. 75.1732 Proximity detection systems.
75.1713–5 First-aid training program; re-
training of supervisory employees; avail- Subpart S [Reserved]
ability to all miners.
75.1713–6 First-aid training program; min- Subpart T—Diesel-Powered Equipment
imum requirements.
75.1713–7 First-aid equipment; location; 75.1900 Definitions.
minimum requirements. 75.1901 Diesel fuel requirements.
75.1714 Availability of approved self-rescue 75.1902 Underground diesel fuel storage—
devices; instruction in use and location. general requirements.
75.1714–1 Approved self-rescue devices. 75.1903 Underground diesel fuel storage fa-
75.1714–2 Self-rescue devices; use and loca- cilities and areas; construction and safe-
tion requirements. ty precautions.
75.1714–3 Self-rescue devices; inspection, 75.1904 Underground diesel fuel tanks and
testing, maintenance, repair, and record- safety cans.
keeping. 75.1905 Dispensing of diesel fuel.
75.1714–4 Additional self-contained self-res- 75.1905–1 Diesel fuel piping systems.
cuers (SCSRs). 75.1906 Transport of diesel fuel.
75.1714–5 Map locations of self-contained 75.1907 Diesel-powered equipment intended
self-rescuers (SCSR). for use in underground coal mines.
75.1714–6 Emergency tethers. 75.1908 Nonpermissible diesel-powered
75.1714–7 Multi-gas detectors. equipment; categories.
75.1714–8 Reporting SCSR inventory and 75.1909 Nonpermissible diesel-powered
malfunctions; retention of SCSRs. equipment; design and performance re-
75.1715 Identification check system. quirements.
75.1716 Operations under water. 75.1910 Nonpermissible diesel-powered
75.1716–1 Operations under water; notifica- equipment; electrical system design and
tion by operator. performance requirements.
75.1716–2 Permit required. 75.1911 Fire suppression systems for diesel-
75.1716–3 Applications for permits. powered equipment and diesel fuel trans-
75.1716–4 Issuance of permits. portation units.
75.1717 Exemptions. 75.1912 Fire suppression systems for perma-
75.1718 Drinking water. nent underground diesel fuel storage fa-
75.1718–1 Drinking water; quality. cilities.
75.1719 Illumination; purpose and scope of 75.1913 Starting aids.
§§ 75.1719 through 75.1719–4; time for com- 75.1914 Maintenance of diesel-powered
pliance. equipment.
75.1719–1 Illumination in working places. 75.1915 Training and qualification of persons
75.1719–2 Lighting fixtures; requirements. working on diesel-powered equipment.
75.1719–3 Methods of measurement; light 75.1916 Operation of diesel-powered equip-
measuring instruments. ment.
75.1719–4 Mining machines, cap lamps; re-
quirements. AUTHORITY: 30 U.S.C. 811, 813(h), 957.
75.1720 Protective clothing; requirements. SOURCE: 35 FR 17890, Nov. 20, 1970, unless
75.1720–1 Distinctively colored hard hats, or otherwise noted.
hard caps; identification for newly em-
ployed, inexperienced miners. EDITORIAL NOTE: The provisions of this
75.1721 Opening of new underground coal part marked [Statutory Provision] appear in
mines, or reopening and reactivating of Title III of the Federal Coal Mine Health and
abandoned or deactivated coal mines; no- Safety Act of 1969.
tification by the operator; requirements.
75.1722 Mechanical equipment guards. Subpart A—General
75.1723 Stationary grinding machines; pro-
tective devices. § 75.1 Scope.
75.1724 Hand-held power tools; safety de-
This part 75 sets forth safety stand-
vices.
75.1725 Machinery and equipment; operation ards compliance with which is manda-
and maintenance. tory in each underground coal mine
502
subject to the Federal Mine Safety and from underground mines and which
Health Act of 1977. Some standards also provides at least 1 hour of protection
are applicable to surface operations. against carbon monoxide.
Regulations and criteria supple- Ground fault or grounded phase. An
mentary to these standards also are set unintentional connection between an
forth in this part. electric circuit and the grounding sys-
[35 FR 17890, Nov. 20, 1970, as amended at 43 tem.
FR 12319, Mar. 24, 1978] Low voltage. Up to and including 660
volts, medium voltage means voltages
§ 75.2 Definitions. from 661 to 1,000 volts; and high voltage
The following definitions apply in means more than 1,000 volts.
this part. Motor-starter enclosure. An enclosure
Act. The Federal Mine Safety and containing motor starting circuits and
Health Act of 1977. equipment.
Active workings. Any place in a coal
Nominal voltage. The phase-to-phase
mine where miners are normally re-
or line-to-line root-mean-square value
quired to work or travel.
Adequate interrupting capacity. The assigned to a circuit or system for des-
ability of an electrical protective de- ignation of its voltage class, such as
vice, based upon its required and in- 480 or 4,160 volts. Actual voltage at
tended application, to safely interrupt which the circuit or system operates
values of current in excess of its trip may vary from the nominal voltage
setting or melting point. within a range that permits satisfac-
Anthracite. Coals with a volatile ratio tory operation of equipment.
equal to 0.12 or less. The volatile ratio Permissible. (1) As applied to electric
is the volatile matter content divided face equipment, all electrically oper-
by the volatile matter plus the fixed ated equipment taken into or used inby
carbon. the last open crosscut of an entry or a
Approval documentation. Formal pa- room of any coal mine the electrical
pers issued by the Mine Safety and parts of which, including, but not lim-
Health Administration which describe ited to, associated electrical equip-
and illustrate the complete assembly ment, components, and accessories, are
of electrical machinery or accessories designed, constructed, and installed, in
which have met the applicable require- accordance with the specifications of
ments of 30 CFR part 18. the Secretary, to assure that such
Certified or registered. As applied to equipment will not cause a mine explo-
any person, a person certified or reg- sion or mine fire, and the other fea-
istered by the State in which the coal tures of which are designed and con-
mine is located to perform duties pre-
structed, in accordance with the speci-
scribed by this part 75, except that in a
fications of the Secretary, to prevent,
State where no program of certifi-
to the greatest extent possible, other
cation or registration is provided or
accidents in the use of such equipment.
where the program does not meet at
least minimum Federal standards es- The regulations of the Secretary or the
tablished by the Secretary, such cer- Director of the Bureau of Mines in ef-
tification or registration shall be by fect on March 30, 1970, relating to the
the Secretary. requirements for investigation, testing,
Circuit-interrupting device. A device approval, certification, and acceptance
designed to open and close a circuit by of such equipment as permissible shall
nonautomatic means and to open the continue in effect until modified or su-
circuit automatically at a predeter- perseded by the Secretary, except that
mined overcurrent value without dam- the Secretary shall provide procedures,
age to the device when operated within including, where feasible, testing, ap-
its rating. proval, certification, and acceptance in
Coal mine. Includes areas of adjoining the field by an authorized representa-
mines connected underground. tive of the Secretary, to facilitate com-
Filter Self-Rescuer (FSR). A type of gas pliance by an operator with the re-
mask approved by MSHA and NIOSH quirements of § 75.500 within the peri-
under 42 CFR part 84 for escape only ods prescribed in § 75.500.
503
§ 75.100 30 CFR Ch. I (7–1–20 Edition)
(2) As applied to equipment other Secretary. The Secretary of Labor or

than permissible electric face equip- the Secretary’s delegate.
ment: (i) Equipment used in the oper- Self-Contained Self-Rescuer (SCSR). A
ation of a coal mine to which an ap- type of closed-circuit, self-contained
proval plate, label, or other device is breathing apparatus approved by
attached as authorized by the Sec- MSHA and NIOSH under 42 CFR part 84
retary and which meets specifications for escape only from underground
which are prescribed by the Secretary mines.
for the construction and maintenance Short circuit. An abnormal connection
of such equipment and are designed to of relatively low impedance, whether
assure that such equipment will not made accidentally or intentionally, be-
cause a mine explosion or a mine fire. tween two points of different potential.
(ii) The manner of use of equipment Working face. Any place in a coal
means the manner of use prescribed by mine in which work of extracting coal
the Secretary. from its natural deposit in the earth is
Qualified person. As the context re- performed during the mining cycle.
quires: Working place. The area of a coal
(1) An individual deemed qualified by mine inby the last open crosscut.
the Secretary and designated by the Working section. All areas of the coal
operator to make tests and examina- mine from the loading point of the sec-
tions required by this part 75; and tion to and including the working
(2) An individual deemed, in accord- faces.
ance with minimum requirements to be [57 FR 20913, May 15, 1992, as amended at 60
established by the Secretary, qualified FR 30401, June 8, 1995; 67 FR 11001, Mar. 11,
by training, education, and experience, 2002]
to perform electrical work, to main-
tain electrical equipment, and to con- Subpart B—Qualified and Certified
duct examinations and tests of all elec- Persons
trical equipment.
Respirable dust. Dust collected with a § 75.100 Certified person.
sampling device approved by the Sec- (a) The provisions of Subpart D—
retary and the Secretary of Health and Ventilation of this part 75 require that
Human Services in accordance with certain examinations and tests be
part 74—Coal Mine Dust Personal Sam- made by a certified person. A certified
pler Units of this title. Sampling de- person within the meaning of those
vice approvals issued by the Secretary provisions is a person who has been
of the Interior and Secretary of Health, certified as a mine foreman (mine man-
Education, and Welfare are continued ager), an assistant mine foreman (sec-
in effect. tion foreman), or a preshift examiner
Rock dust. Pulverized limestone, do- (mine examiner). A person who has
lomite, gypsum, anhydrite, shale, been so certified is also a qualified per-
adobe, or other inert material, pref- son within the meaning of those provi-
erably light colored, 100 percent of sions of subpart D of this part which
which will pass through a sieve having require that certain tests be made by a
20 meshes per linear inch and 70 per- qualified person and within the mean-
cent or more of which will pass ing of § 75.1106.
through a sieve having 200 meshes per (b) A person who is certified as a
linear inch; the particles of which when mine foreman, an assistant mine fore-
wetted and dried will not cohere to man, or a preshift examiner by the
form a cake which will not be dispersed State in which the coal mine is located
into separate particles by a light blast is, to the extent of the State’s certifi-
of air; and which does not contain more cation, a certified person within the
than 5 percent combustible matter or meaning of the provisions of subpart D
more than a total of 4 percent free and of this part and § 75.1106 referred to in
combined silica (SiO2), or, where the paragraph (a) of this section.
Secretary finds that such silica con- (c)(1) The Secretary may certify per-
centrations are not available, which sons in the categories of mine foreman,
does not contain more than 5 percent assistant mine foreman, and preshift
of free and combined silica. examiner whenever the State in which
504
persons are presently employed in (2) The Secretary may qualify per-
these categories does not provide for sons for this purpose in a coal mine in
such certification. A person’s initial which persons are not qualified for this
certification by MSHA is valid for as purpose by the State upon an applica-
long as the person continues to satisfy tion and a satisfactory showing by the
the requirements necessary to obtain operator of the coal mine that each
the certification and is employed at such person has been trained and des-
the same coal mine or by the same ignated by the operator to test for
independent contractor. The mine op- methane and oxygen deficiency and has
erator or independent contractor shall made such tests for a period of 6
make an application which satisfac- months immediately preceding the ap-
torily shows that each such person has plication. Applications for Secretarial
had at least 2 years underground expe- qualification should be submitted to
rience in a coal mine, and has held the the Health and Safety Activity, Mine
position of mine foreman, assistant Safety and Health Administration, Cer-
mine foreman, or preshift examiner for tification and Qualification Center,
a period of 6 months immediately pre- P.O. Box 25367, Denver Federal Center,
ceding the filing of the application, and Denver, Colo. 80225.
is qualified to test for methane and for [35 FR 17890, Nov. 20, 1970, as amended at 43
oxygen deficiency. Applications for FR 12320, Mar. 24, 1978]
Secretarial certification should be sub-
mitted in writing to the Health and § 75.151 Tests for methane; qualified
person; additional requirement.
Safety Activity, Mine Safety and
Health Administration, Certification Notwithstanding the provisions of
and Qualification Center, P.O. Box § 75.150, on and after January 1, 1971, no
25367, Denver Federal Center, Denver, person shall be a qualified person for
Colorado 80225. testing for methane unless he dem-
(2) A person certified by the Sec- onstrates to the satisfaction of an au-
retary under this paragraph will be a thorized representative of the Sec-
certified person, within the meaning of retary that he is qualified to test for
the provisions for subpart D of this methane with a portable methane de-
part and § 75.1106 referred to in para- tector approved by the Bureau of Mines
graph (a) of this section, as long as or the Mine Safety and Health Admin-
that person continues to satisfy the re- istration under part 22 of this chapter
quirements for qualification or certifi- (Bureau of Mines Schedule 8C).
cation and is employed at the same
§ 75.152 Tests of air flow; qualified per-
coal mine or by the same independent son.
contractor.
A person is a qualified person within
[35 FR 17890, Nov. 20, 1970, as amended at 43 the meaning of the provisions of Sub-
FR 12320, Mar. 24, 1978; 54 FR 30514, July 20, part D—Ventilation of this part requir-
1989]
ing that tests of air flow be made by a
§ 75.150 Tests for methane and for oxy- qualified person only if he is a certified
gen deficiency; qualified person. person under § 75.100 or a person trained
and designated by a certified person to
(a) The provisions of Subpart D— perform such tests.
Ventilation of this part and § 75.1106 re-
quire that tests for methane and for § 75.153 Electrical work; qualified per-
oxygen deficiency be made by a quali- son.
fied person. A person is a qualified per- (a) Except as provided in paragraph
son for this purpose if he is a certified (f) of this section, an individual is a
person under § 75.100. qualified person within the meaning of
(b) Pending issuance of Federal §§ 75.511 and 75.512 to perform electrical
standards, a person will be considered a work (other than work on energized
qualified person for testing for meth- surface high-voltage lines) if:
ane and for oxygen deficiency: (1) He has been qualified as a coal
(1) If he has been qualified for this mine electrician by a State that has a
purpose by the State in which the coal coal mine electrical qualification pro-
mine is located; or gram approved by the Secretary; or,
505
§ 75.154 30 CFR Ch. I (7–1–20 Edition)
(2) He has at least 1 year of experi- than 5 percentage points for such prac-
ence in performing electrical work un- tical experience.
derground in a coal mine, in the sur- (e) An individual may, within 30 days
face work areas of an underground coal from the date on which he received no-
mine, in a surface coal mine, in a tification from the Administration of
noncoal mine, in the mine equipment his test scores, repeat those on which
manufacturing industry, or in any he received an unsatisfactory score. If
other industry using or manufacturing further retesting is necessary after this
similar equipment, and has satisfac- initial repetition, a minimum of 30
torily completed a coal mine electrical days from the date of receipt of notifi-
training program approved by the Sec- cation of the initial retest scores shall
retary; or, elapse prior to such further retesting.
(3) He has at least 1 year of experi- (f) An individual who has, prior to
ence, prior to the date of the applica- November 1, 1972, been qualified to per-
tion required by paragraph (c) of this form electrical work specified in
section, in performing electrical work §§ 75.511 and 75.512 (other than work on
underground in a coal mine, in the sur- energized surface high-voltage lines)
face work areas of an underground coal shall continue to be qualified until
mine, in a surface coal mine, in a June 30, 1973. To remain qualified after
noncoal mine, in the mine equipment June 30, 1973, such individual shall
manufacturing industry, or in any meet the requirements of either para-
other industry using or manufacturing graph (a) (1), (2), or (3) of this section.
similar equipment, and he attains a (g) An individual qualified in accord-
satisfactory grade on each of the series ance with this section shall, in order to
of five written tests approved by the retain qualification, certify annually
Secretary and prescribed in paragraph to the District Manager, that he has
(b) of this section. satisfactorily completed a coal mine
(b) The series of five written tests ap- electrical retraining program approved
proved by the Secretary shall include by the Secretary.
the following categories: [37 FR 22376, Oct. 19, 1972, as amended at 44
(1) Direct current theory and applica- FR 9380, Feb. 13, 1979; 47 FR 23641, May 28,
tion; 1982]
(2) Alternating current theory and
application; § 75.154 Repair of energized surface
(3) Electric equipment and circuits; high voltage lines; qualified person.
(4) Permissibility of electric equip- An individual is a qualified person
ment; and, within the meaning of § 75.705 for the
(5) Requirements of subparts F purpose of repairing energized surface
through K of this part 75. high voltage lines only if he has had at
(c) In order to take the series of five least 2 years experience in electrical
written tests approved by the Sec- maintenance, and at least 2 years expe-
retary, an individual shall apply to the rience in the repair of energized high
District Manager and shall certify that voltage surface lines located on poles
he meets the requirements of para- or structures.
graph (a)(3) of this section. The tests
will be administered in the Coal Mine § 75.155 Qualified hoisting engineer;
Safety and Health Districts at regular qualifications.
intervals, or as demand requires. (a)(1) A person is a qualified hoisting
(d) A score of at least 80 percent of engineer within the provisions of sub-
each of the five written tests will be part O of this part, for the purpose of
deemed to be a satisfactory grade. Rec- operating a steam-driven hoist in a
ognition shall be given to practical ex- coal mine, if he has at least 1 year ex-
perience in that 1 percentage point perience as an engineer in a steam-
shall be added to an individual’s score driven hoisting plant and is qualified
in each test for each additional year of by the State in which the mine is lo-
experience beyond the 1 year minimum cated as a steam-hoisting engineer; or
requirement specified in paragraph (2) If a State has no program for
(a)(3) of this section; however, in no qualifying persons as steam-hoisting

case shall an individual be given more engineers, the Secretary may qualify
506
persons for this purpose if the operator ator is employed in accordance with
of the coal mine in which such persons the mine operator’s approved Part 48
are employed, or the independent con- training plan.
tractor, makes an application and a (b) An AMS operator must be able to
satisfactory showing that each such demonstrate to an authorized rep-
person has had 1 year experience in op- resentative of the Secretary that he/
erating steam-driven hoists and has she is qualified to perform in the as-
held the position of hoisting engineer signed position.
for a period of 6 months immediately [73 FR 80612, Dec. 31, 2008]
preceding the application. A person’s
qualification is valid for as long as this § 75.159 Records of certified and quali-
person continues to satisfy the require- fied persons.
ments necessary for qualification and The operator of each coal mine shall
is employed at the same coal mine or maintain a list of all certified and
by the same independent contractor. qualified persons designated to perform
(b)(1) A person is a qualified hoisting
duties under this part 75.
engineer within the provisions of sub-
part O of this part, for the purpose of [35 FR 17890, Nov. 20, 1970, as amended at 60
operating an electrically driven hoist FR 33723, June 29, 1995]
in a coal mine, if he has at least 1 year
experience operating a hoist plant in a § 75.160 Training programs.
mine or maintaining electric-hoist [STATUTORY PROVISION]
equipment in a mine and is qualified by
the State in which the mine is located Every operator of a coal mine shall provide
as an electric-hoisting engineer; or a program, approved by the Secretary, of
(2) If a State has no program for training and retraining of both qualified and
certified persons needed to carry out func-
qualifying persons as electric-hoisting
tions prescribed in the Act.
engineers, the Secretary may qualify
persons for this purpose if the operator § 75.161 Plans for training programs.
of the coal mine in which such persons
Each operator must submit to the
are employed, or the independent con-
district manager, of the Coal Mine
tractor, makes an application and a
Safety and Health District in which
satisfactory showing that each such
the mine is located, a program or plan
person has had 1 year experience in op-
setting forth what, when, how, and
erating electric-driven hoists and has
where the operator will train and re-
held the position of hoisting engineer
train persons whose work assignments
for a period of 6 months immediately
require that they be certified or quali-
preceding the application. A person’s
fied. The program must provide—
qualification is valid for as long as this
(a) For certified persons, annual
person continues to satisfy the require-
training courses in first aid, principles
ments for qualification and is em-
of mine rescue, and the provisions of
ployed at the same coal mine or by the
this part 75; and
same independent contractor.
(b) For qualified persons, annual
(c) Applications for Secretarial quali-
courses in performance of the task
fication should be submitted to the
which they perform as qualified per-
Health and Safety Activity, Mine Safe-
sons.
ty and Health Administration, Certifi-
cation and Qualification Center, P.O. [63 FR 53761, Oct. 6, 1998]
Box 25367, Denver Federal Center, Den-
ver, Colo. 80225. Subpart C—Roof Support
[35 FR 17894, Nov. 20, 1970, as amended at 43
FR 12320, Mar. 24, 1978; 54 FR 30515, July 20, SOURCE: 53 FR 2375, Jan. 27, 1988, unless
1989] otherwise noted.
§ 75.156 AMS operator, qualifications. § 75.200 Scope.

(a) To be qualified as an AMS oper- This subpart C sets forth require-
ator, a person shall be provided with ments for controlling roof, face and
task training on duties and responsibil- ribs, including coal or rock bursts, in
ities at each mine where an AMS oper- underground coal mines. Roof control
507
§ 75.201 30 CFR Ch. I (7–1–20 Edition)
systems installed prior to the effective Specification for Roof and Rock Bolts
date of this subpart are not affected so and Accessories,’’ the mine operator
long as the support system continues shall—
to effectively control the roof, face and (1) Obtain a manufacturer’s certifi-
ribs. cation that the material was manufac-
tured and tested in accordance with
the specifications of ASTM F432–95;
Automated temporary roof support and
(ATRS) system. A device to provide tem- (2) Make this certification available
porary roof support from a location to an authorized representative of the
where the equipment operator is pro- Secretary and to the representative of
tected from roof falls. miners.
Pillar recovery. Any reduction in pil-
(b) Roof bolts and accessories not ad-
lar size during retreat mining.
dressed in ASTM F432–95 may be used,
§ 75.202 Protection from falls of roof, provided that the use of such materials
face and ribs. is approved by the District Manager
(a) The roof, face and ribs of areas based on—
where persons work or travel shall be (1) Demonstrations which show that
supported or otherwise controlled to the materials have successfully sup-
protect persons from hazards related to ported the roof in an area of a coal
falls of the roof, face or ribs and coal or mine with similar strata, opening di-
rock bursts. mensions and roof stresses; or
(b) No person shall work or travel (2) Tests which show the materials to
under unsupported roof unless in ac- be effective for supporting the roof in
cordance with this subpart. an area of the affected mine which has
similar strata, opening dimensions and
§ 75.203 Mining methods. roof stresses as the area where the roof
(a) The method of mining shall not bolts are to be used. During the test
expose any person to hazards caused by process, access to the test area shall be
excessive widths of rooms, crosscuts limited to persons necessary to con-
and entries, or faulty pillar recovery duct the test.
methods. Pillar dimensions shall be (c)(1) A bearing plate shall be firmly
compatible with effective control of installed with each roof bolt.
the roof, face and ribs and coal or rock (2) Bearing plates used directly
bursts. against the mine roof shall be at least
(b) A sightline or other method of di- 6 inches square or the equivalent, ex-
rectional control shall be used to main- cept that where the mine roof is firm
tain the projected direction of mining and not susceptible to sloughing, bear-
in entries, rooms, crosscuts and pillar ing plates 5 inches square or the equiv-
splits. alent may be used.
(c) A sidecut shall be started only (3) Bearing plates used with wood or
from an area that is supported in ac-
metal materials shall be at least 4
cordance with the roof control plan.
inches square or the equivalent.
(d) A working face shall not be mined
through into an unsupported area of (4) Wooden materials that are used
active workings, except when the un- between a bearing plate and the mine
supported area is inaccessible. roof in areas which will exist for three
(e) Additional roof support shall be years or more shall be treated to mini-
installed where— mize deterioration.
(1) The width of the opening specified (d) When washers are used with roof
in the roof control plan is exceeded by bolts, the washers shall conform to the
more than 12 inches; and shape of the roof bolt head and bearing
(2) The distance over which the ex- plate.
cessive width exists is more than 5 feet. (e)(1) The diameter of finishing bits
shall be within a tolerance of plus or
§ 75.204 Roof bolting. minus 0.030 inch of the manufacturer’s
(a) For roof bolts and accessories ad- recommended hole diameter for the an-
dressed in ASTM F432–95, ‘‘Standard chor used.
508
(2) When separate finishing bits are (6) The mine operator or a person
used, they shall be distinguishable designated by the operator shall certify
from other bits. by signature and date that measure-
(f) Tensioned roof bolts. (1) Roof bolts ments required by paragraph (f)(5) of
that provide support by creating a this section have been made. This cer-
beam of laminated strata shall be at tification shall be maintained for at
least 30 inches long. Roof bolts that least one year and shall be made avail-
provide support by suspending the roof able to an authorized representative of
from overlying stronger strata shall be the Secretary and representatives of
long enough to anchor at least 12 the miners.
inches into the stronger strata. (7) Tensioned roof bolts installed in
(2) Test holes, spaced at intervals the roof support pattern shall not be
specified in the roof control plan, shall used to anchor trailing cables or used
be drilled to a depth of at least 12 for any other purpose that could affect
inches above the anchorage horizon of the tension of the bolt. Hanging trail-
mechanically anchored tensioned bolts ing cables, line brattice, telephone
being used. When a test hole indicates lines, or other similar devices which do
that bolts would not anchor in com-
not place sudden loads on the bolts are
petent strata, corrective action shall
permitted.
be taken.
(8) Angle compensating devices shall
(3) The installed torque or tension
be used to compensate for the angle
ranges for roof bolts as specified in the
when tensioned roof bolts are installed
roof control plan shall maintain the in-
tegrity of the support system and shall at angles greater than 5 degrees from
not exceed the yield point of the roof the perpendicular to the bearing plate.
bolt nor anchorage capacity of the (g) Non-tensioned grouted roof bolts.
strata. The first non-tensioned grouted roof
(4) In each roof bolting cycle, the ac- bolt installed during each roof bolting
tual torque or tension of the first ten- cycle shall be tested during or imme-
sioned roof bolt installed with each diately after the first row of bolts has
drill head shall be measured imme- been installed. If the bolt tested does
diately after it is installed. Thereafter, not withstand at least 150 foot-pounds
for each drill head used, at least one of torque without rotating in the hole,
roof bolt out of every four installed corrective action shall be taken.
shall be measured for actual torque or [53 FR 2375, Jan. 27, 1988, as amended at 55
tension. If the torque or tension of any FR 4595, Feb. 8, 1990; 63 FR 20030, Apr. 22,
of the roof bolts measured is not within 1998]
the range specified in the roof control
plan, corrective action shall be taken. § 75.205 Installation of roof support
(5) In working places from which coal using mining machines with inte-
is produced during any portion of a 24- gral roof bolters.
hour period, the actual torque or ten- When roof bolts are installed by a
sion on at least one out of every ten continuous mining machine with inte-
previously installed mechanically an- gral roof bolting equipment:
chored tensioned roof bolts shall be
(a) The distance between roof bolts
measured from the outby corner of the
shall not exceed 10 feet crosswise.
last open crosscut to the face in each
advancing section. Corrective action (b) Roof bolts to be installed 9 feet or
shall be taken if the majority of the more apart shall be installed with a
bolts measured— wooden crossbar at least 3 inches thick
(i) Do not maintain at least 70 per- and 8 inches wide, or material which
cent of the minimum torque or tension provides equivalent support.
specified in the roof control plan, 50 (c) Roof bolts to be installed more
percent if the roof bolt plates bear than 8 feet but less than 9 feet apart
against wood; or shall be installed with a wooden plank
(ii) Have exceeded the maximum at least 2 inches thick and 8 inches
specified torque or tension by 50 per- wide, or material which provides equiv-

cent. alent support.
509
§ 75.206 30 CFR Ch. I (7–1–20 Edition)
§ 75.206 Conventional roof support. (c) A cluster of two or more posts

(a) Except in anthracite mines using that provide equivalent strength may
non-mechanized mining systems, when be used to meet the requirements of
conventional roof support materials paragraph (b)(1) of this section, except
are used as the only means of support— that no post shall have a diameter less
(1) The width of any opening shall than 4 inches or have a cross-sectional
not exceed 20 feet; area less than 13 square inches.
(2) The spacing of roadway roof sup- (d) Materials other than wood used
port shall not exceed 5 feet; for support shall have support strength
(3)(i) Supports shall be installed to at least equivalent to wooden material
within 5 feet of the uncut face; meeting the applicable provisions of
(ii) When supports nearest the face this section.
must be removed to facilitate the oper- (e) Posts and jacks shall be tightly
ation of face equipment, equivalent installed on solid footing.
temporary support shall be installed (f) When posts are installed under
prior to removing the supports; roof susceptible to sloughing a cap
(4) Straight roadways shall not ex- block, plank, crossbar or materials
ceed 16 feet wide where full overhead that are equally effective shall be
support is used and 14 feet wide where placed between the post and the roof.
only posts are used; (g) Blocks used for lagging between
(5) Curved roadways shall not exceed the roof and crossbars shall be spaced
16 feet wide; and to distribute the load.
(6) The roof at the entrance of all (h) Jacks used for roof support shall
openings along travelways which are be used with at least 36 square inches
no longer needed for storing supplies or of roof bearing surface.
for travel of equipment shall be sup- [53 FR 2375, Jan. 27, 1988, as amended at 55
ported by extending the line of support FR 14228, Apr. 16, 1990; 55 FR 20137, May 15,
across the opening. 1990]
(b) Conventional roof support mate-
§ 75.207 Pillar recovery.
rials shall meet the following specifica-
tions: Pillar recovery shall be conducted in
(1) The minimum diameter of cross- the following manner, unless otherwise
sectional area of wooden posts shall be specified in the roof control plan:
as follows: (a) Full and partial pillar recovery
shall not be conducted on the same pil-
Cross-sec- lar line, except where physical condi-
Diameter of tional area of
Post length (in inches) round posts split posts (in tions such as unstable floor or roof,
(in inches) square falls of roof, oil and gas well barriers or
inches)
surface subsidence require that pillars
60 or less ................................ 4 13 be left in place.
Over 60 to 84 .......................... 5 20
Over 84 to 108 ........................ 6 28
(b) Before mining is started in a pil-
Over 108 to 132 ...................... 7 39 lar split or lift—
Over 132 to 156 ...................... 8 50 (1) At least two rows of breaker posts
Over 156 to 180 ...................... 9 64 or equivalent support shall be in-
Over 180 to 204 ...................... 10 79
Over 204 to 228 ...................... 11 95 stalled—
Over 228 ................................. 12 113 (i) As close to the initial intended
breakline as practicable; and
(2) Wooden materials used for support (ii) Across each opening leading into
shall have the following dimensions: an area where full or partial pillar ex-
(i) Cap blocks and footings shall have traction has been completed.
flat sides and be at least 2 inches thick, (2) A row of roadside-radius (turn)
4 inches wide and 12 inches long. posts or equivalent support shall be in-
(ii) Crossbars shall have a minimum stalled leading into the split or lift.
cross-sectional area of 24 square inches (c) Before mining is started on a final
and be at least 3 inches thick. stump—
(iii) Planks shall be at least 6 inches (1) At least 2 rows of posts or equiva-
wide and 1 inch thick. lent support shall be installed on not
(3) Cribbing materials shall have at more than 4-foot centers on each side
least two parallel flat sides. of the roadway; and
510
(2) Only one open roadway, which (1) Mining conditions or cir-
shall not exceed 16 feet wide, shall lead cumstances prevent the use of an
from solid pillars to the final stump of ATRS system; or
a pillar. Where posts are used as the (2) Temporary supports are installed
sole means of roof support, the width of in conjunction with an ATRS system.
the roadway shall not exceed 14 feet. (d) Persons shall work or travel be-
(d) During open-end pillar extraction, tween the support device of the ATRS
at least 2 rows of breaker posts or system and another support, and the
equivalent support shall be installed on distance between the support device of
not more than 4-foot centers. These the ATRS system and support to the
supports shall be installed between the left, right or beyond the ATRS system,
lift to be started and the area where shall not exceed 5 feet.
pillars have been extracted. These sup- (e) Each ATRS system shall meet
ports shall be maintained to within 7 each of the following:
feet of the face and the width of the (1) The ATRS system shall elas-
roadway shall not exceed 16 feet. Where tically support a deadweight load
posts are used as the sole means of roof measured in pounds of at least 450
support, the width of the roadway shall times each square foot of roof intended
not exceed 14 feet. to be supported, but in no case less
than 11,250 pounds.
§ 75.208 Warning devices.
(2) The controls that position and set
Except during the installation of roof the ATRS system shall be—
supports, the end of permanent roof (i) Operable from under permanently
support shall be posted with a readily supported roof; or
visible warning, or a physical barrier (ii) Located in a compartment, which
shall be installed to impede travel be- includes a deck, that provides the
yond permanent support. equipment operator with overhead and
lateral protection, and has the struc-
§ 75.209 Automated Temporary Roof tural capacity to elastically support a
Support (ATRS) systems.
deadweight load of at least 18,000
(a) Except in anthracite mines and as pounds.
specified in paragraphs (b) and (c) of (3) All jacks affecting the capacity of
this section, an ATRS system shall be the ATRS system and compartment
used with roof bolting machines and shall have check valves or equivalent
continuous-mining machines with inte- devices that will prevent rapid collapse
gral roof bolters operated in a working in the event of a system failure.
section. The requirements of this para- (4) Except for the main tram con-
graph shall be met according to the fol- trols, tram controls for positioning the
lowing schedule: equipment to set the ATRS system
(1) All new machines ordered after shall limit the speed of the equipment
March 28, 1988. to a maximum of 80 feet-per-minute.
(2) All existing machines operated in (f) The support capacity of each
mining heights of 36 inches or more ATRS system and the structural capac-
after March 28, 1989; and ity of each compartment shall be cer-
(3) All existing machines operated in tified by a registered engineer as meet-
mining heights of 30 inches or more but ing the applicable requirements of
less than 36 inches after March 28, 1990. paragraphs (e)(1) and (e)(2) of this sec-
(b) After March 28, 1990 the use of tion. The certifications shall be made
ATRS systems with existing roof bolt- available to an authorized representa-
ing machines and continuous-mining tive of the Secretary and representa-
machines with integral roof bolters op- tive of the miners.
erated in a working section where the
mining height is less than 30 inches § 75.210 Manual installation of tem-
shall be addressed in the roof control porary support.
plan. (a) When manually installing tem-
(c) Alternative means of temporary porary support, only persons engaged
support shall be used, as specified in in installing the support shall proceed

the roof control plan, when— beyond permanent support.
511
§ 75.211 30 CFR Ch. I (7–1–20 Edition)
(b) When manually installing tem- removal of loose material from a posi-
porary supports, the first temporary tion that will not expose the person
support shall be set no more than 5 feet performing this work to injury from
from a permanent roof support and the falling material.
rib. All temporary supports shall be set
so that the person installing the sup- § 75.212 Rehabilitation of areas with
ports remains between the temporary unsupported roof.
support being set and two other sup- (a) Before rehabilitating each area
ports which shall be no more than 5 where a roof fall has occurred or the
feet from the support being installed. roof has been removed by mining ma-
Each temporary support shall be com- chines or by blasting—
pletely installed prior to installing the (1) The mine operator shall establish
next temporary support. the clean up and support procedures
(c) All temporary supports shall be that will be followed;
placed on no more than 5-foot centers. (2) All persons assigned to perform
(d) Once temporary supports have rehabilitation work shall be instructed
been installed, work or travel beyond in the clean-up and support procedures;
permanent roof support shall be done and
between temporary supports and the (3) Ineffective, damaged or missing
nearest permanent support or between roof support at the edge of the area to
other temporary supports. be rehabilitated shall be replaced or
§ 75.211 Roof testing and scaling. other equivalent support installed.
(b) All persons who perform rehabili-
(a) A visual examination of the roof, tation work shall be experienced in
face and ribs shall be made imme- this work or they shall be supervised
diately before any work is started in an by a person experienced in rehabilita-
area and thereafter as conditions war- tion work who is designated by the
rant. mine operator.
(b) Where the mining height permits
(c) Where work is not being per-
and the visual examination does not
formed to rehabilitate an area in ac-
disclose a hazardous condition, sound
tive workings where a roof fall has oc-
and vibration roof tests, or other
curred or the roof has been removed by
equivalent tests, shall be made where
mining machines or by blasting, each
supports are to be installed. When
entrance to the area shall be supported
sound and vibration tests are made,
by at least one row of posts on not
they shall be conducted—
more than 5-foot centers, or equally ef-
(1) After the ATRS system is set
fective support.
against the roof and before other sup-
port is installed; or § 75.213 Roof support removal.
(2) Prior to manually installing a
roof support. This test shall begin (a)(1) All persons who perform the
under supported roof and progress no work of removing permanent roof sup-
further than the location where the ports shall be supervised by a manage-
next support is to be installed. ment person experienced in removing
(c) When a hazardous roof, face, or roof supports.
rib condition is detected, the condition (2) Only persons with at least one
shall be corrected before there is any year of underground mining experience
other work or travel in the affected shall perform permanent roof support
area. If the affected area is left unat- removal work.
tended, each entrance to the area shall (b) Prior to the removal of perma-
be posted with a readily visible warn- nent roof supports, the person super-
ing, or a physical barrier shall be in- vising roof support removal in accord-
stalled to impede travel into the area. ance with paragraph (a)(1) of this sec-
(d) A bar for taking down loose mate- tion shall examine the roof conditions
rial shall be available in the working in the area where the supports are to
place or on all face equipment except be removed and designate each support
haulage equipment. Bars provided for to be removed.
taking down loose material shall be of (c)(1) Except as provided in paragraph

a length and design that will allow the (g) of this section, prior to the removal
512
of permanent supports, a row of tem- § 75.214 Supplemental support mate-

porary supports on no more than 5-foot rials, equipment and tools.
centers or equivalent support shall be (a) A supply of supplementary roof
installed across the opening within 4 support materials and the tools and
feet of the supports being removed. Ad- equipment necessary to install the ma-
ditional supports shall be installed terials shall be available at a readily
where necessary to assure safe re- accessible location on each working
moval. section or within four crosscuts of each
(2) Prior to the removal of roof bolts, working section.
temporary support shall be installed as (b) The quantity of support materials
close as practicable to each roof bolt and tools and equipment maintained
being removed. available in accordance with this sec-
(d) Temporary supports installed in tion shall be sufficient to support the
accordance with this section shall not roof if adverse roof conditions are en-
be removed unless— countered, or in the event of an acci-
(1) Removal is done by persons who dent involving a fall.
are in a remote location under sup-
ported roof; and § 75.215 Longwall mining systems.
(2) At least two rows of temporary For each longwall mining section,
supports, set across the opening on no the roof control plan shall specify—
more than 5-foot centers, are main- (a) The methods that will be used to
tained between the miners and the un- maintain a safe travelway out of the
supported area. section through the tailgate side of the
(e) Each entrance to an area where longwall; and
supports have been removed shall be (b) The procedures that will be fol-
posted with a readily visible warning lowed if a ground failure prevents trav-
or a physical barrier shall be installed el out of the section through the tail-
to impede travel into the area. gate side of the longwall.
(f) Except as provided in paragraph
(g) of this section, permanent support § 75.220 Roof control plan.
shall not be removed where— (a)(1) Each mine operator shall de-
(1) Roof bolt torque or tension meas- velop and follow a roof control plan,
urements or the condition of conven- approved by the District Manager, that
tional support indicate excessive load- is suitable to the prevailing geological
ing; conditions, and the mining system to
(2) Roof fractures are present; be used at the mine. Additional meas-
(3) There is any other indication that ures shall be taken to protect persons
the roof is structurally weak; or if unusual hazards are encountered.
(4) Pillar recovery has been con- (2) The proposed roof control plan
ducted. and any revisions to the plan shall be
(g) Permanent supports may be re- submitted, in writing, to the District
moved provided that: Manager. When revisions to a roof con-
(1) Removal is done by persons who trol plan are proposed, only the revised
are in a remote location under sup- pages need to be submitted unless oth-
ported roof; and erwise specified by the District Man-
(2) At least two rows of temporary ager.
(b)(1) The mine operator will be noti-
supports, set across the opening on no
fied in writing of the approval or denial
more than 5-foot centers, are main-
of approval of a proposed roof control
tained between the miners and the un-
plan or proposed revision.
supported area.
(2) When approval of a proposed plan
(h) The provisions of this section do
or revision is denied, the deficiencies of
not apply to removal of conventional
the plan or revision and recommended
supports for starting crosscuts and pil-
changes will be specified and the mine
lar splits or lifts except that prior to
operator will be afforded an oppor-
the removal of these supports an exam-
tunity to discuss the deficiencies and
ination of the roof conditions shall be
changes with the District Manager.
made.
(3) Before new support materials, de-
[55 FR 4595, Feb. 8, 1990] vices or systems other than roof bolts
513
§ 75.221 30 CFR Ch. I (7–1–20 Edition)
and accessories, are used as the only (9) A list of all support materials re-
means of roof support, the District quired to be used in the roof, face and
Manager may require that their effec- rib control system, including, if roof
tiveness be demonstrated by experi- bolts are to be installed—
mental installations. (i) The length, diameter, grade and
(c) No proposed roof control plan or type of anchorage unit to be used;
revision to a roof control plan shall be (ii) The drill hole size to be used; and
implemented before it is approved. (iii) The installed torque or tension
(d) Before implementing an approved range for tensioned roof bolts.
revision to a roof control plan, all per- (10) When mechanically anchored
sons who are affected by the revision tensioned roof bolts are used, the inter-
shall be instructed in its provisions. vals at which test holes will be drilled.
(e) The approved roof control plan (11) A description of the method of
and any revisions shall be available to protecting persons—
the miners and representative of min- (i) From falling material at drift
ers at the mine. openings; and
[53 FR 2375, Jan. 27, 1988; 53 FR 11395, Apr. 6, (ii) When mining approaches within
1988, as amended at 60 FR 33723, June 29, 1995; 150 feet of an outcrop.
71 FR 16668, Apr. 3, 2006] (12) A description of the roof and rib
support necessary for the refuge alter-
§ 75.221 Roof control plan information. natives.
(a) The following information shall (b) Each drawing submitted with a
be included in each roof control plan: roof control plan shall contain a legend
(1) The name and address of the com- explaining all symbols used and shall
pany. specify the scale of the drawing which
(2) The name, address, mine identi- shall not be less than 5 feet to the inch
fication number and location of the or more than 20 feet to the inch.
mine. (c) All roof control plan information,
(3) The name and title of the com- including drawings, shall be submitted
pany official responsible for the plan. on 81⁄2 by 11 inch paper, or paper folded
(4) A typical columnar section of the to this size.
mine strata which shall— [53 FR 2375, Jan. 27, 1988, as amended at 60
(i) Show the name and the thickness FR 33723, June 29, 1995; 73 FR 80697, Dec. 31,
of the coalbed to be mined and any per- 2008]
sistent partings;
(ii) Identify the type and show the § 75.222 Roof control plan-approval
thickness of each stratum up to and in- criteria.
cluding the main roof above the coal- (a) This section sets forth the cri-
bed and for distance of at least 10 feet teria that shall be considered on a
below the coalbed; and mine-by-mine basis in the formulation
(iii) Indicate the maximum cover and approval of roof control plans and
over the area to be mined. revisions. Additional measures may be
(5) A description and drawings of the required in plans by the District Man-
sequence of installation and spacing of ager. Roof control plans that do not
supports for each method of mining conform to the applicable criteria in
used. this section may be approved by the
(6) When an ATRS system is used, District Manager, provided that effec-
the maximum distance that an ATRS tive control of the roof, face and ribs
system is to be set beyond the last row can be maintained.
of permanent support. (b) Roof Bolting. (1) Roof bolts should
(7) When tunnel liners or arches are be installed on centers not exceeding 5
to be used for roof support, specifica- feet lengthwise and crosswise, except
tions and installation procedures for as specified in § 75.205.
the liners or arches. (2) When tensioned roof bolts are
(8) Drawings indicating the planned used as a means of roof support, the
width of openings, size of pillars, meth- torque or tension range should be capa-
od of pillar recovery, and the sequence ble of supporting roof bolt loads of at
of mining pillars. least 50 percent of either the yield
514
point of the bolt or anchorage capacity (f) ATRS systems in working sections
of the strata, whichever is less. where the mining height is below 30
(3) Any opening that is more than 20 inches. In working sections where the
feet wide should be supported by a mining height is below 30 inches, an
combination of roof bolts and conven- ATRS system should be used to the ex-
tional supports. tent practicable during the installation
(4) In any opening more than 20 feet of roof bolts with roof bolting ma-
wide— chines and continuous-mining ma-
(i) Posts should be installed to limit chines with integral roof bolters.
each roadway to 16 feet wide where (g) Longwall mining systems. (1) Sys-
straight and 18 feet wide where curved; tematic supplemental support should
and be installed throughout—
(ii) A row of posts should be set for (i) The tailgate entry of the first
each 5 feet of space between the road- longwall panel prior to any mining;
way posts and the ribs. and
(5) Openings should not be more than (ii) In the proposed tailgate entry of
30 feet wide. each subsequent panel in advance of
(c) Installation of roof support using the frontal abutment stresses of the
mining machines with integral roof bolt- panel being mined.
ers. (1) Before an intersection or pillar (2) When a ground failure prevents
split is started, roof bolts should be in- travel out of the section through the
stalled on at least 5-foot centers where tailgate side of the longwall section,
the work is performed. the roof control plan should address—
(2) Where the roof is supported by (i) Notification of miners that the
only two roof bolts crosswise, openings travelway is blocked;
should not be more than 16 feet wide. (ii) Re-instruction of miners regard-
(d) Pillar recovery. (1) During developing escapeways and escape procedures
ment, any dimension of a pillar should in the event of an emergency;
be at least 20 feet. (iii) Re-instruction of miners on the
(2) Pillar splits and lifts should not availability and use of self-contained
be more than 20 feet wide. self-rescue devices;
(3) Breaker posts should be installed (iv) Monitoring and evaluation of the
on not more than 4-foot centers. air entering the longwall section;
(4) Roadside-radius (turn) posts, or (v) Location and effectiveness of the
equivalent support, should be installed two-way communication systems; and
on not more than 4-foot centers leading (vi) A means of transportation from
into each pillar split or lift. the section to the main line.
(5) Before full pillar recovery is start- (3) The plan provisions addressed by
ed in areas where roof bolts are used as paragraph (g)(2) of this section should
the only means of roof support and remain in effect until a travelway is re-
openings are more than 16 feet wide, at established on the tailgate side of a
least one row of posts should be in- longwall section.
stalled to limit the roadway width to
16 feet. These posts should be— § 75.223 Evaluation and revision of
(i) Extended from the entrance to the roof control plan.
split through the intersection outby (a) Revisions of the roof control plan
the pillar in which the split or lift is shall be proposed by the operator—
being made; and (1) When conditions indicate that the
(ii) Spaced on not more than 5-foot plan is not suitable for controlling the
centers. roof, face, ribs, or coal or rock bursts;
(e) Unsupported openings at intersec- or
tions. Openings that create an intersec- (2) When accident and injury experi-
tion should be permanently supported ence at the mine indicates the plan is
or at least one row of temporary sup- inadequate. The accident and injury
ports should be installed on not more experience at each mine shall be re-
than 5-foot centers across the opening viewed at least every six months.
before any other work or travel in the (b) Each unplanned roof fall and rib
intersection. fall and coal or rock burst that occurs
515
§ 75.300 30 CFR Ch. I (7–1–20 Edition)
in the active workings shall be plotted by § 75.1501 when an emergency evacu-

on a mine map if it— ation is necessary.
(1) Is above the anchorage zone where Atmospheric Monitoring System (AMS).
roof bolts are used; A network consisting of hardware and
(2) Impairs ventilation; software meeting the requirements of
(3) Impedes passage of persons; §§ 75.351 and 75.1103–2 and capable of:
(4) Causes miners to be withdrawn measuring atmospheric parameters;
from the area affected; or transmitting the measurements to a
(5) Disrupts regular mining activities designated surface location; providing
for more than one hour. alert and alarm signals; processing and
(c) The mine map on which roof falls cataloging atmospheric data; and, pro-
are plotted shall be available at the viding reports. Early-warning fire de-
mine site for inspection by authorized tection systems using newer tech-
representatives of the Secretary and nology that provides equal or greater
representatives of miners at the mine. protection, as determined by the Sec-
(d) The roof control plan for each retary, will be considered atmospheric
mine shall be reviewed every six monitoring systems for the purposes of
months by an authorized representa- this subpart.
tive of the Secretary. This review shall Belt air course. The entry in which a
take into consideration any falls of the belt is located and any adjacent
roof, face and ribs and the adequacy of entry(ies) not separated from the belt
the support systems used at the time. entry by permanent ventilation con-
trols, including any entries in series
[53 FR 2375, Jan. 27, 1988; 60 FR 33723, June 29, with the belt entry, terminating at a
1995] return regulator, a section loading
point, or the surface.
Subpart D—Ventilation Carbon monoxide ambient level. The av-
erage concentration in parts per mil-
AUTHORITY: 30 U.S.C. 811, 863. lion (ppm) of carbon monoxide detected
in an air course containing carbon
SOURCE: 61 FR 9829, Mar. 11, 1996, unless
monoxide sensors. This average con-
otherwise noted.
centration is representative of the
§ 75.300 Scope. composition of the mine atmosphere
over a period of mining activity during
This subpart sets requirements for non-fire conditions. Separate ambient
underground coal mine ventilation. levels may be established for different
areas of the mine.
Incombustible. Incapable of being
In addition to the applicable defini- burned.
tions in § 75.2, the following definitions Intake air. Air that has not yet venti-
apply in this subpart. lated the last working place on any
Air course. An entry or a set of en- split of any working section, or any
tries separated from other entries by worked-out area, whether pillared or
stoppings, overcasts, other ventilation nonpillared.
control devices, or by solid blocks of Intrinsically safe. Incapable of releas-
coal or rock so that any mixing of air ing enough electrical or thermal en-
currents between each is limited to ergy under normal or abnormal condi-
leakage. tions to cause ignition of a flammable
AMS operator. The person(s), des- mixture of methane or natural gas and
ignated by the mine operator, who is air of the most easily ignitable com-
located on the surface of the mine and position.
monitors the malfunction, alert, and Noncombustible structure or area. De-
alarm signals of the AMS and notifies scribes a structure or area that will
appropriate personnel of these signals. continue to provide protection against
Appropriate personnel. The person or flame spread for at least 1 hour when
persons designated by the operator to subjected to a fire test incorporating
perform specific tasks in response to an ASTM E119–88 time/temperature
AMS signals. Appropriate personnel in- heat input, or equivalent. The publica-
clude the responsible person(s) required tion ASTM E119–88 ‘‘Standard Test
516
Methods for Fire Tests of Building Con- accordance with 5 U.S.C. 552(a) and 1
struction and Materials’’ is incor- CFR part 51.
porated by reference and may be in- Point feeding. The process of pro-
spected at any MSHA Coal Mine Safety viding additional intake air to the belt
and Health District Office, or at air course from another intake air
MSHA’s Office of Standards, Regula- course through a regulator.
tions, and Variances, 201 12th Street Return air. Air that has ventilated
South, Arlington, VA 22202–5452; 202– the last working place on any split of
693–9440; or at the National Archives any working section or any worked-out
and Records Administration (NARA). area whether pillared or nonpillared. If
For information on the availability of air mixes with air that has ventilated
this material at NARA, call 202–741– the last working place on any split of
6030, or go to: http://www.archives.gov/ any working section or any worked-out
area, whether pillared or nonpillared,
federallregister/
it is considered return air. For the pur-
codeloflfederallregulations/
poses of § 75.507–1, air that has been
ibrllocations.html. In addition, copies
used to ventilate any working place in
of the document can be purchased from
a coal producing section or pillared
the American Society for Testing and
area, or air that has been used to venti-
Materials (ASTM), 100 Barr Harbor late any working face if such air is di-
Drive, P.O. Box C700, West rected away from the immediate return
Conshohocken, PA 19428–2959; 610–832– is return air. Notwithstanding the defi-
9500; http://www.astm.org. This incorpo- nition of intake air, for the purpose of
ration by reference was approved by ventilation of structures, areas or in-
the Director of the Federal Register in stallations that are required by this
accordance with 5 U.S.C. 552(a) and 1 subpart D to be ventilated to return air
CFR part 51. courses, and for ventilation of seals,
Noncombustible material. Describes a other air courses may be designated as
material that, when used to construct return air courses by the operator only
a ventilation control, results in a con- when the air in these air courses will
trol that will continue to serve its in- not be used to ventilate working places
tended function for 1 hour when sub- or other locations, structures, installa-
jected to a fire test incorporating an tions or areas required to be ventilated
ASTM E119–88 time/temperature heat with intake air.
input, or equivalent. The publication Worked-out area. An area where min-
ASTM E119–88 ‘‘Standard Test Methods ing has been completed, whether
for Fire Tests of Building Construction pillared or nonpillared, excluding de-
and Materials’’ is incorporated by ref- veloping entries, return air courses,
erence and may be inspected at any and intake air courses.
Coal Mine Safety and Health District [61 FR 9829, Mar. 11, 1996; 61 FR 29288, June
Office, or at MSHA’s Office of Stand- 10, 1996, as amended at 67 FR 38386, June 4,
ards, Regulations, and Variances, 201 2002; 69 FR 17526, Apr. 2, 2004; 71 FR 16668,
12th Street South, Arlington, VA 22202– Apr. 3, 2006; 80 FR 52990, Sept. 2, 2015]
5452; 202–693–9440; or at the National Ar-
chives and Records Administration § 75.302 Main mine fans.
(NARA). For information on the avail- Each coal mine shall be ventilated by
ability of this material at NARA, call one or more main mine fans. Booster
202–741–6030, or go to: http:// fans shall not be installed underground
www.archives.gov/federallregister/ to assist main mine fans except in an-
codeloflfederallregulations/ thracite mines. In anthracite mines,
ibrllocations.html. In addition, copies booster fans installed in the main air
of the document can be purchased from current or a split of the main air cur-
the American Society for Testing and rent may be used provided their use is
Materials (ASTM), 100 Barr Harbor approved in the ventilation plan.
Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959; 610–832– § 75.310 Installation of main mine fans.
9500; http://www.astm.org. This incorpo- (a) Each main mine fan shall be—
ration by reference was approved by (1) Installed on the surface in an in-

the Director of the Federal Register in combustible housing;
517
§ 75.310 30 CFR Ch. I (7–1–20 Edition)
(2) Connected to the mine opening operate from a power circuit inde-
with incombustible air ducts; pendent of all mine power circuits.
(3) Equipped with an automatic de- (2) If an internal combustion engine
vice that gives a signal at the mine is used to drive a main mine fan—
when the fan either slows or stops. A (i) The fuel supply shall be protected
responsible person designated by the against fires and explosions;
operator shall always be at a surface (ii) The engine shall be installed in
location at the mine where the signal an incombustible housing and be
can be seen or heard while anyone is equipped with a remote shut-down de-
underground. This person shall be pro- vice;
vided with two-way communication (iii) The engine and the engine ex-
with the working sections and work haust system shall be located out of di-
stations where persons are routinely rect line of the air current exhausting
assigned to work for the majority of a from the mine; and
shift; (iv) The engine exhaust shall be vent-
(4) Equipped with a pressure recorded to the atmosphere so that the ex-
ing device or system. Mines permitted haust gases do not contaminate the
to shut down main mine fans under mine intake air current or any enclo-
§ 75.311 and which do not have a pressure.
sure recording device installed on main (c) If a main mine fan monitoring
mine fans shall have until June 10, 1997 system is used under § 75.312, the sys-
to install a pressure recording device tem shall—
or system on all main mine fans. If a (1) Record, as described in paragraph
device or system other than a circular (a)(4) the mine ventilating pressure;
pressure recorder is used to monitor (2) Monitor bearing temperature, rev-
main mine fan pressure, the moni- olutions per minute, vibration, electric
toring device or system shall provide a voltage, and amperage;
continuous graph or continuous chart (3) Provide a printout of the mon-
of the pressure as a function of time. itored parameters, including the mine
At not more than 7-day intervals, a ventilating pressure within a reason-
hard copy of the continuous graph or able period, not to exceed the end of
chart shall be generated or the record the next scheduled shift during which
of the fan pressure shall be stored elec- miners are underground; and
tronically. When records of fan pres- (4) Be equipped with an automatic de-
sure are stored electronically, the sys- vice that signals when—
tem used to store these records shall be (i) An electrical or mechanical defi-
secure and not susceptible to alter- ciency exists in the monitoring system;
ation and shall be capable of storing or
the required data. Records of the fan (ii) A sudden increase or loss in mine
pressure shall be retained at a surface ventilating pressure occurs.
location at the mine for at least 1 year (5) Provide monitoring, records,
and be made available for inspection by printouts, and signals required by para-
authorized representatives of the Sec- graphs (c)(1) through (c)(4) at a surface
retary and the representative of min- location at the mine where a respon-
ers; sible person designated by the operator
(5) Protected by one or more weak is always on duty and where signals
walls or explosion doors, or a combina- from the monitoring system can be
tion of weak walls and explosion doors, seen or heard while anyone is under-
located in direct line with possible ex- ground. This person shall be provided
plosive forces; with two-way communication with the
(6) Except as provided under para- working sections and work stations
graph (e) of this section, offset by at where persons are routinely assigned to
least 15 feet from the nearest side of work for the majority of a shift.
the mine opening unless an alternative (d) Weak walls and explosion doors
method of protecting the fan and its shall have cross-sectional areas at
associated components is approved in least equal to that of the entry through
the ventilation plan. which the pressure from an explosion
(b)(1) If an electric motor is used to underground would be relieved. A weak

drive a main mine fan, the motor shall wall and explosion door combination
518
shall have a total cross-sectional area (3) Electric power circuits entering
at least equal to that of the entry underground areas of the mine shall be
through which the pressure from an ex- deenergized.
plosion underground would be relieved. (c) When a back-up fan system is
(e) If a mine fan is installed in line used that does not provide the ven-
with an entry, a slope, or a shaft— tilating quantity provided by the main
(1) The cross-sectional area of the mine fan, persons may be permitted in
pressure relief entry shall be at least the mine and electric power circuits
equal to that of the fan entry; may be energized as specified in the ap-
(2) The fan entry shall be developed proved ventilation plan.
out of direct line with possible explo- (d) If an unusual variance in the mine
sive forces; ventilation pressure is observed, or if
(3) The coal or other solid material an electrical or mechanical deficiency
between the pressure relief entry and of a main mine fan is detected, the
the fan entry shall be at least 2,500 mine foreman or equivalent mine offi-
square feet; and cial, or in the absence of the mine fore-
(4) The surface opening of the pres- man or equivalent mine official, a des-
sure relief entry shall be not less than ignated certified person acting for the
15 feet nor more than 100 feet from the mine foreman or equivalent mine offi-
surface opening of the fan entry and cial shall be notified immediately, and
from the underground intersection of appropriate action or repairs shall be
the fan entry and pressure relief entry. instituted promptly.
(f) In mines ventilated by multiple (e) While persons are underground, a
main mine fans, incombustible doors responsible person designated by the
shall be installed so that if any main
operator shall always be at a surface
mine fan stops and air reversals
location where each main mine fan sig-
through the fan are possible, the doors
nal can be seen or heard.
on the affected fan automatically
close. (f) The area within 100 feet of main
mine fans and intake air openings shall
[61 FR 9829, Mar. 11, 1996, as amended at 61 be kept free of combustible material,
FR 20877, May 8, 1996] unless alternative precautions nec-
essary to provide protection from fire
§ 75.311 Main mine fan operation.
or other products of combustion are ap-
(a) Main mine fans shall be continu- proved in the ventilation plan.
ously operated, except as otherwise ap- (g) If multiple mine fans are used, the
proved in the ventilation plan, or when mine ventilation system shall be de-
intentionally stopped for testing of signed and maintained to eliminate
automatic closing doors and automatic areas without air movement.
fan signal devices, maintenance or ad- (h) Any atmospheric monitoring sys-
justment of the fan, or to perform tem operated during fan stoppages
maintenance or repair work under-
shall be intrinsically safe.
ground that cannot otherwise be made
while the fan is operating. § 75.312 Main mine fan examinations
(b) Except as provided in paragraph and records.
(c) of this section, when a main mine
(a) To assure electrical and mechan-
fan is intentionally stopped and the
ventilating quantity provided by the ical reliability of main mine fans, each
fan is not maintained by a back-up fan main mine fan and its associated com-
system— ponents, including devices for meas-
(1) Only persons necessary to evalu- uring or recording mine ventilation
ate the effect of the fan stoppage or re- pressure, shall be examined for proper
start, or to perform maintenance or re- operation by a trained person des-
pair work that cannot otherwise be ignated by the operator. Examinations
made while the fan is operating, shall of main mine fans shall be made at
be permitted underground; least once each day that the fan oper-
(2) Mechanized equipment shall be ates, unless a fan monitoring system is

shut off before stopping the fan; and used. No examination is required on
519
§ 75.312 30 CFR Ch. I (7–1–20 Edition)
any day when no one, including cer- essary to evaluate the effect of the fan
tified persons, goes underground, ex- stoppage or restart, or to perform
cept that an examination shall be com- maintenance or repair work that can-
pleted prior to anyone entering the not otherwise be made while the fan is
mine. operating, shall be permitted under-
(b)(1) If a main mine fan monitoring ground. Notwithstanding the provi-
system is used, a trained person des- sions of § 75.311, underground power
ignated by the operator shall— may remain energized during this test
(i) At least once each day review the provided no one, including persons
data provided by the fan monitoring identified in § 75.311(b)(1), is under-
system to assure that the fan and the ground. If the fan is not restarted with-
fan monitoring system are operating in 15 minutes, underground power shall
properly. No review is required on any be deenergized and no one shall enter
day when no one, including certified any underground area of the mine,
persons, goes underground, except that until the fan is restarted and an exam-
a review of the data shall be performed ination of the mine is conducted as de-
prior to anyone entering the under- scribed in § 75.360 (b) through (e) and
ground portion of the mine. Data re- the mine has been determined to be
viewed should include the fan pressure, safe.
bearing temperature, revolutions per (e) Circular main mine fan pressure
minute, vibration, electric voltage, and recording charts shall be changed be-
amperage; and fore the beginning of a second revolu-
(ii) At least every 7 days— tion.
(A) Test the monitoring system for (f)(1) Certification. Persons making
proper operation; and main mine fan examinations shall cer-
(B) Examine each main mine fan and tify by initials and date at the fan or
its associated components to assure another location specified by the oper-
electrical and mechanical reliability of
ator that the examinations were made.
main mine fans.
Each certification shall identify the
(2) If the monitoring system malfunc-
main mine fan examined.
tions, the malfunction shall be cor-
rected, or paragraph (a) of this section (2) Persons reviewing data produced
shall apply. by a main mine fan monitoring system
(c) At least every 31 days, the auto- shall certify by initials and date on a
matic fan signal device for each main printed copy of the data from the sys-
mine fan shall be tested by stopping tem that the review was completed. In
the fan. Only persons necessary to lieu of certification on a copy of the
evaluate the effect of the fan stoppage data, the person reviewing the data
or restart, or to perform maintenance may certify electronically that the re-
or repair work that cannot otherwise view was completed. Electronic certifi-
be made while the fan is operating, cation shall be by handwritten initials
shall be permitted underground. Not- and date in a computer system so as to
withstanding the requirement of be secure and not susceptible to alter-
§ 75.311(b)(3), underground power may ation.
remain energized during this test pro- (g)(1) Recordkeeping. By the end of the
vided no one, including persons identi- shift on which the examination is
fied in § 75.311(b)(1), is underground. If made, persons making main mine fan
the fan is not restarted within 15 min- examinations shall record all uncor-
utes, underground power shall be deen- rected defects that may affect the op-
ergized and no one shall enter any un- eration of the fan that are not cor-
derground area of the mine until the rected by the end of that shift. Records
fan is restarted and an examination of shall be maintained in a secure book
the mine is conducted as described in that is not susceptible to alteration or
§ 75.360 (b) through (e) and the mine has electronically in a computer system so
been determined to be safe. as to be secure and not susceptible to
(d) At least every 31 days, the auto- alteration.
matic closing doors in multiple main (2) When a fan monitoring system is
mine fan systems shall be tested by used in lieu of the daily fan examina-
stopping the fan. Only persons nection—
520
(i) The certified copies of data pro- methane in the working places and in
duced by fan monitoring systems shall other areas where methane is likely to
be maintained separate from other accumulate before work is resumed and
computer-generated reports or data; before equipment is energized or re-
and started in these areas.
(ii) A record shall be made of any fan (c) If ventilation is not restored with-
monitoring system malfunctions, elec- in 15 minutes after a main mine fan
trical or mechanical deficiencies in the stops—
monitoring system and any sudden in- (1) Everyone shall be withdrawn from
crease or loss in mine ventilating pres- the mine;
sure. The record shall be made by the (2) Underground electric power cir-
end of the shift on which the review of cuits shall be deenergized. However,
the data is completed and shall be circuits necessary to withdraw persons
maintained in a secure book that is not from the mine need not be deenergized
susceptible to alteration or electroni- if located in areas or haulageways
cally in a computer system so as to be where methane is not likely to migrate
secure and not susceptible to alter- to or accumulate. These circuits shall
ation. be deenergized as persons are with-
(3) By the end of the shift on which drawn; and
the monthly test of the automatic fan (3) Mechanized equipment not lo-
signal device or the automatic closing cated on working sections shall be shut
doors is completed, persons making off. However, mechanized equipment
these tests shall record the results of necessary to withdraw persons from
the tests. Records shall be maintained the mine need not be shut off if located
in a secure book that is not susceptible in areas where methane is not likely to
to alteration or electronically in a migrate to or accumulate.
computer system so as to be secure and (d)(1) When ventilation is restored—
not susceptible to alteration. (i) No one other than designated cer-
(h) Retention period. Records, includ- tified examiners shall enter any under-
ing records of mine fan pressure and ground area of the mine until an exam-
the certified copies of data produced by ination is conducted as described in
fan monitoring systems, shall be re- § 75.360(b) through (e) and the area has
tained at a surface location at the been determined to be safe. Designated
mine for at least 1 year and shall be certified examiners shall enter the un-
made available for inspection by au- derground area of the mine from which
thorized representatives of the Sec- miners have been withdrawn only after
retary and the representative of min- the fan has operated for at least 15
ers. minutes unless a longer period of time
is specified in the approved ventilation
§ 75.313 Main mine fan stoppage with plan.
persons underground. (ii) Underground power circuits shall
(a) If a main mine fan stops while not be energized and nonpermissible
anyone is underground and the ven- mechanized equipment shall not be
tilating quantity provided by the fan is started or operated in an area until an
not maintained by a back-up fan sys- examination is conducted as described
tem— in § 75.360(b) through (e) and the area
(1) Electrically powered equipment in has been determined to be safe, except
each working section shall be deener- that designated certified examiners
gized; may use nonpermissible transportation
(2) Other mechanized equipment in equipment in intake airways to facili-
each working section shall be shut off; tate the making of the required exam-
and ination.
(3) Everyone shall be withdrawn from (2) If ventilation is restored to the
the working sections and areas where mine before miners reach the surface,
mechanized mining equipment is being the miners may return to underground
installed or removed. working areas only after an examina-
(b) If ventilation is restored within 15 tion of the areas is made by a certified
minutes after a main mine fan stops, person and the areas are determined to
certified persons shall examine for be safe.
521
§ 75.320 30 CFR Ch. I (7–1–20 Edition)
(e) Any atmospheric monitoring sys- the air current in these areas shall be
tem operated during fan stoppages sufficient to dilute, render harmless,
shall be intrinsically safe. and carry away flammable, explosive,
(f) Any electrical refuge alternative noxious, and harmful gases, dusts,
components exposed to the mine at- smoke, and fumes.
mosphere shall be approved as intrinsi- (2) The air in areas of bleeder entries
cally safe for use during fan stoppages. and worked-out areas where persons
Any electrical refuge alternative com- work or travel shall contain at least
ponents located inside the refuge alter- 19.5 percent oxygen, and carbon dioxide
native shall be either approved as in- levels shall not exceed 0.5 percent time
trinsically safe or approved as permis- weighted average and 3.0 percent short
sible for use during fan stoppages. term exposure limit.
[61 FR 9829, Mar. 11, 1996, as amended at 73 (b) Notwithstanding the provisions of
FR 80697, Dec. 31, 2008] § 75.322, for the purpose of preventing
explosions from gases other than meth-
§ 75.320 Air quality detectors and ane, the following gases shall not be
measurement devices.
permitted to accumulate in excess of
(a) Tests for methane shall be made the concentrations listed below:
by a qualified person with MSHA ap- (1) Carbon monoxide (CO)—2.5 per-
proved detectors that are maintained cent
in permissible and proper operating (2) Hydrogen (H2)—.80 percent
condition and calibrated with a known
(3) Hydrogen sulfide (H2 S)—.80 per-
methane-air mixture at least once
cent
every 31 days.
(b) Tests for oxygen deficiency shall (4) Acetylene (C2 H2)—.40 percent
be made by a qualified person with (5) Propane (C3 H8)—.40 percent
MSHA approved oxygen detectors that (6) MAPP (methyl-acetylene-pro-
are maintained in permissible and pylene-propodiene)—.30 percent
proper operating condition and that
can detect 19.5 percent oxygen with an § 75.322 Harmful quantities of noxious
accuracy of ±0.5 percent. The oxygen gases.
detectors shall be calibrated at the Concentrations of noxious or poi-
start of each shift that the detectors sonous gases, other than carbon diox-
will be used. ide, shall not exceed the threshold
(c) Handheld devices that contain limit values (TLV) as specified and ap-
electrical components and that are plied by the American Conference of
used for measuring air velocity, carbon Governmental Industrial Hygienists in
monoxide, oxides of nitrogen, and other ‘‘Threshold Limit Values for Substance
gases shall be approved and maintained in Workroom Air’’ (1972). Detectors or
in permissible and proper operating laboratory analysis of mine air samples
condition. shall be used to determine the con-
(d) An oxygen detector approved by centrations of harmful, noxious, or poi-
MSHA shall be used to make tests for sonous gases. This incorporation by
oxygen deficiency required by the regu- reference has been approved by the Di-
lations in this part. Permissible flame rector of the Federal Register in ac-
safety lamps may only be used as a cordance with 5 U.S.C. 552(a) and 1 CFR
supplementary testing device. part 51. Copies are available from
(e) Maintenance of instruments re- MSHA’s Office of Standards, Regula-
quired by paragraphs (a) through (d) of tions, and Variances, 201 12th Street
this section shall be done by persons South, Arlington, VA 22202–5452; 202–
trained in such maintenance. 693–9440; and at every MSHA Coal Mine
Safety and Health District Office. The
§ 75.321 Air quality. material is available for examination
(a)(1) The air in areas where persons at the National Archives and Records
work or travel, except as specified in Administration (NARA). For informa-
paragraph (a)(2) of this section, shall tion on the availability of this mate-
contain at least 19.5 percent oxygen rial at NARA, call 202–741–6030, or go
and not more than 0.5 percent carbon to: http://www.archives.gov/fed-

dioxide, and the volume and velocity of erallregister/
522
codeloflfederallregulations/ section and where that split of air

ibrllocations.html. meets another split of air, or the loca-
[80 FR 52991, Sept. 2, 2015]
tion where the split is used to ventilate
seals or worked-out areas—
§ 75.323 Actions for excessive methane. (i) Everyone except those persons re-
ferred to in § 104(c) of the Act shall be
(a) Location of tests. Tests for meth-
withdrawn from the affected area;
ane concentrations under this section
(ii) Other than intrinsically safe
shall be made at least 12 inches from
the roof, face, ribs, and floor. AMS, equipment in the affected area
(b) Working places and intake air shall be deenergized, electric power
courses. (1) When 1.0 percent or more shall be disconnected at the power
methane is present in a working place source, and other mechanized equip-
or an intake air course, including an ment shall be shut off; and
air course in which a belt conveyor is (iii) No other work shall be permitted
located, or in an area where mecha- in the affected area until the methane
nized mining equipment is being in- concentration in the return air is less
stalled or removed— than 1.0 percent.
(i) Except intrinsically safe atmos- (d) Return air split alternative. (1) The
pheric monitoring systems (AMS), provisions of this paragraph apply if—
electrically powered equipment in the (i) The quantity of air in the split
affected area shall be deenergized, and ventilating the active workings is at
other mechanized equipment shall be least 27,000 cubic feet per minute in the
shut off; last open crosscut or the quantity spec-
(ii) Changes or adjustments shall be ified in the approved ventilation plan,
made at once to the ventilation system whichever is greater;
to reduce the concentration of methane (ii) The methane content of the air in
to less than 1.0 percent; and the split is continuously monitored
(iii) No other work shall be permitted during mining operations by an AMS
in the affected area until the methane that gives a visual and audible signal
concentration is less than 1.0 percent. on the working section when the meth-
(2) When 1.5 percent or more methane ane in the return air reaches 1.5 per-
is present in a working place or an in- cent, and the methane content is mon-
take air course, including an air course itored as specified in § 75.351; and
in which a belt conveyor is located, or (iii) Rock dust is continuously ap-
in an area where mechanized mining plied with a mechanical duster to the
equipment is being installed or re- return air course during coal produc-
moved— tion at a location in the air course im-
(i) Everyone except those persons re- mediately outby the most inby moni-
ferred to in § 104(c) of the Act shall be toring point.
withdrawn from the affected area; and (2) When 1.5 percent or more methane
(ii) Except for intrinsically safe is present in a return air split between
AMS, electrically powered equipment a point in the return opposite the sec-
in the affected area shall be discon- tion loading point and where that split
nected at the power source. of air meets another split of air or
(c) Return air split. (1) When 1.0 per- where the split of air is used to venti-
cent or more methane is present in a late seals or worked-out areas—
return air split between the last work- (i) Changes or adjustments shall be
ing place on a working section and made at once to the ventilation system
where that split of air meets another to reduce the concentration of methane
split of air, or the location at which in the return air below 1.5 percent;
the split is used to ventilate seals or (ii) Everyone except those persons re-
worked-out areas changes or adjust- ferred to in § 104(c) of the Act shall be
ments shall be made at once to the withdrawn from the affected area;
ventilation system to reduce the con- (iii) Except for intrinsically safe
centration of methane in the return air AMS, equipment in the affected area
to less than 1.0 percent. shall be deenergized, electric power
(2) When 1.5 percent or more methane shall be disconnected at the power
is present in a return air split between source, and other mechanized equip-
the last working place on a working ment shall be shut off; and
523
§ 75.324 30 CFR Ch. I (7–1–20 Edition)
(iv) No other work shall be permitted required to be specified in the approved

in the affected area until the methane ventilation plan for other working
concentration in the return air is less places or working faces.
than 1.5 percent. (2) The quantity of air reaching the
(e) Bleeders and other return air working face shall be determined at or
courses. The concentration of methane near the face end of the line curtain,
in a bleeder split of air immediately ventilation tubing, or other ventilation
before the air in the split joins another control device. If the curtain, tubing,
split of air, or in a return air course or device extends beyond the last row
other than as described in paragraphs of permanent roof supports, the quan-
(c) and (d) of this section, shall not ex- tity of air reaching the working face
ceed 2.0 percent. shall be determined behind the line
curtain or in the ventilation tubing at
§ 75.324 Intentional changes in the or near the last row of permanent sup-
ventilation system. ports. When machine-mounted dust
(a) A person designated by the oper- collectors are used in conjunction with
ator shall supervise any intentional blowing face ventilation systems, the
change in ventilation that— quantity of air reaching the working
(1) Alters the main air current or any face shall be determined with the dust
split of the main air current in a man- collector turned off.
ner that could materially affect the (3) If machine mounted dust collec-
safety or health of persons in the mine; tors or diffuser fans are used, the ap-
or proved ventilation plan shall specify
(2) Affects section ventilation by the operating volume of the dust col-
9,000 cubic feet per minute of air or lector or diffuser fan.
more in bituminous or lignite mines, or (b) In bituminous and lignite mines,
5,000 cubic feet per minute of air or the quantity of air reaching the last
more in anthracite mines. open crosscut of each set of entries or
(b) Intentional changes shall be made rooms on each working section and the
only under the following conditions: quantity of air reaching the intake end
(1) Electric power shall be removed of a pillar line shall be at least 9,000
from areas affected by the ventilation cubic feet per minute unless a greater
change and mechanized equipment in quantity is required to be specified in
those areas shall be shut off before the the approved ventilation plan. This
ventilation change begins. minimum also applies to sections
(2) Only persons making the change which are not operating but are capa-
in ventilation shall be in the mine. ble of producing coal by simply ener-
(3) Electric power shall not be re- gizing the equipment on the section.
stored to the areas affected by the ven- (c) In longwall and shortwall mining
tilation change and mechanized equip- systems—
ment shall not be restarted until a cer- (1) The quantity of air shall be at
tified person has examined these areas least 30,000 cubic feet per minute reach-
for methane accumulation and for oxy- ing the working face of each longwall,
gen deficiency and has determined that unless the operator demonstrates that
the areas are safe. a lesser air quantity will maintain con-
tinual compliance with applicable
§ 75.325 Air quantity. methane and respirable dust standards.
(a)(1) In bituminous and lignite This lesser quantity shall be specified
mines the quantity of air shall be at in the approved ventilation plan. A
least 3,000 cubic feet per minute reach- quantity greater than 30,000 cubic feet
ing each working face where coal is per minute may be required to be speci-
being cut, mined, drilled for blasting, fied in the approved ventilation plan.
or loaded. When a greater quantity is (2) The velocity of air that will be
necessary to dilute, render harmless, provided to control methane and res-
and carry away flammable, explosive, pirable dust in accordance with appli-
noxious, and harmful gases, dusts, cable standards on each longwall or
smoke, and fumes, this quantity shall shortwall and the locations where
be specified in the approved ventilation these velocities will be provided shall

plan. A minimum air quantity may be be specified in the approved ventilation
524
plan. The locations specified shall be at installed or removed must be at least

least 50 feet but no more than 100 feet the sum of that specified on the ap-
from the headgate and tailgate, respec- proval plates of all the diesel-powered
tively. equipment on the working section or in
(d) Ventilation shall be maintained the area where mechanized mining
during installation and removal of equipment is being installed or re-
mechanized mining equipment. The ap- moved. The minimum ventilating air
proved ventilation plan shall specify quantity shall be specified in the ap-
the minimum quantity of air, the loca- proved ventilation plan. For working
tions where this quantity will be pro- sections such air quantity must be
vided and the ventilation controls re- maintained—
quired. (1) In the last open crosscut of each
(e) In anthracite mines, the quantity set of entries or rooms in each working
of air shall be as follows: section;
(1) At least 1,500 cubic feet per (2) In the intake, reaching the work-
minute reaching each working face ing face of each longwall; and
where coal is being mined, unless a (3) At the intake end of any pillar
greater quantity is required to be spec- line.
ified in the approved ventilation plan.
(h) The following equipment may be
(2) At least 5,000 cubic feet per
excluded from the calculations of ven-
minute passing through the last open
tilating air quantity under paragraph
crosscut in each set of entries or rooms
(g) if such equipment exclusion is ap-
and at the intake end of any pillar line,
proved by the district manager and
unless a greater quantity is required to
specified in the ventilation plan:
be specified in the approved ventilation
(1) Self-propelled equipment meeting
plan.
the requirements of § 75.1908(b);
(3) When robbing areas where air cur-
rents cannot be controlled and air (2) Equipment that discharges its ex-
measurements cannot be obtained, the haust into intake air that is coursed
air shall have perceptible movement. directly to a return air course;
(f) The minimum ventilating air (3) Equipment that discharges its ex-
quantity for an individual unit of die- haust directly into a return air course;
sel-powered equipment being operated and
shall be at least that specified on the (4) Other equipment having duty cy-
approval plate for that equipment. cles such that the emissions would not
Such air quantity shall be main- significantly affect the exposure of
tained— miners.
(1) In any working place where the (i) A ventilating air quantity that is
equipment is being operated; less than what is required by paragraph
(2) At the section loading point dur- (g) of this section may be approved by
ing any shift the equipment is being the district manager in the ventilation
operated on the working section; plan based upon the results of sampling
(3) In any entry where the equipment that demonstrate that the lesser air
is being operated outby the section quantity will maintain continuous
loading point in areas of the mine de- compliance with applicable TLV ®’s.
veloped on or after April 25, 1997; (j) If during sampling required by
(4) In any air course with single or § 70.1900(c) of this subchapter the ven-
multiple entries where the equipment tilating air is found to contain con-
is being operated outby the section centrations of CO or NO2 in excess of
loading point in areas of the mine de- the action level specified by § 70.1900(c),
veloped prior to April 25, 1997; and higher action levels may be approved
(5) At any other location required by by the district manager based on the
the district manager and specified in results of sampling that demonstrate
the approved ventilation plan. that a higher action level will main-
(g) The minimum ventilating air tain continuous compliance with appli-
quantity where multiple units of die- cable TLV ®’s. Action levels other than
sel-powered equipment are operated on those specified in § 70.1900(c) shall be
working sections and in areas where specified in the approved ventilation

mechanized mining equipment is being plan.
525
§ 75.326 30 CFR Ch. I (7–1–20 Edition)
(k) As of November 25, 1997 the ven- velocity may be required to limit the
tilating air quantity required where methane content in these haulage en-
diesel-powered equipment is operated tries or elsewhere in the mine to less
shall meet the requirements of para- than 1.0 percent and provide an ade-
graphs (f) through (j) of this section. quate supply of oxygen.
Mine operators utilizing diesel-powered
equipment in underground coal mines § 75.330 Face ventilation control de-
shall submit to the appropriate MSHA vices.
district manager a revised ventilation (a) Brattice cloth, ventilation tubing
plan or appropriate amendments to the and other face ventilation control de-
existing plan, in accordance with vices shall be made of flame-resistant
§ 75.371, which implement the require- material approved by MSHA.
ments of paragraphs (f) through (j) of (b)(1) Ventilation control devices
this section. shall be used to provide ventilation to
[61 FR 9828, Mar. 11, 1996; 61 FR 26442, May 28, dilute, render harmless, and to carry
1996; 61 FR 29288, June 10, 1996, as amended at away flammable, explosive, noxious,
61 FR 55526, Oct. 25, 1996; 62 FR 34641, June 27, and harmful gases, dusts, smoke, and
1997; 79 FR 24987, May 1, 2014] fumes—
(i) To each working face from which
§ 75.326 Mean entry air velocity.
coal is being cut, mined, drilled for
In exhausting face ventilation sys- blasting, or loaded; and
tems, the mean entry air velocity shall (ii) To any other working places as
be at least 60 feet per minute reaching required by the approved ventilation
each working face where coal is being plan.
cut, mined, drilled for blasting, or load- (2) These devices shall be installed at
ed, and to any other working places as a distance no greater than 10 feet from
required in the approved ventilation the area of deepest penetration to
plan. A lower mean entry air velocity which any portion of the face has been
may be approved in the ventilation advanced unless an alternative dis-
plan if the lower velocity will maintain tance is specified and approved in the
methane and respirable dust concentra- ventilation plan. Alternative distances
tions in accordance with the applicable specified shall be capable of maintain-
levels. Mean entry air velocity shall be ing concentrations of respirable dust,
determined at or near the inby end of methane, and other harmful gases, in
the line curtain, ventilation tubing, or accordance with the levels specified in
other face ventilation control devices.
the applicable sections of this chapter.
[61 FR 9828, Mar. 11, 1996; 61 FR 29288, June (c) When the line brattice or any
10, 1996] other face ventilation control device is
damaged to an extent that ventilation
§ 75.327 Air courses and trolley haul-
age systems. of the working face is inadequate, pro-
duction activities in the working place
(a) In any mine opened on or after shall cease until necessary repairs are
March 30, 1970, or in any new working made and adequate ventilation is re-
section of a mine opened before that stored.
date, where trolley haulage systems
are maintained and where trolley wires [61 FR 9828, Mar. 11, 1996; 61 FR 29288, June
or trolley feeder wires are installed, an 10, 1996]
authorized representative of the Sec-
§ 75.331 Auxiliary fans and tubing.
retary shall require enough entries or
rooms as intake air courses to limit (a) When auxiliary fans and tubing
the velocity of air currents in the are used for face ventilation, each aux-
haulageways to minimize the hazards iliary fan shall be—
of fires and dust explosions in the (1) Permissible, if the fan is elec-
haulageways. trically operated;
(b) Unless the district manager ap- (2) Maintained in proper operating
proves a higher velocity, the velocity condition;
of the air current in the trolley haul- (3) Deenergized or shut off when no
age entries shall be limited to not more one is present on the working section;
than 250 feet per minute. A higher air and
526
(4) Located and operated to avoid re- (2) Air that has passed by any open-
circulation of air. ing of any unsealed area that is not ex-
(b) If a deficiency exists in any auxil- amined under §§ 75.360, 75.361 or 75.364 of
iary fan system, the deficiency shall be this subpart, shall not be used to venti-
corrected or the auxiliary fan shall be late any working place.
deenergized immediately.
(c) If the air passing through an aux- § 75.333 Ventilation controls.
iliary fan or tubing contains 1.0 per- (a) For purposes of this section,
cent or more methane, power to elec- ‘‘doors’’ include any door frames.
trical equipment in the working place (b) Permanent stoppings or other per-
and to the auxiliary fan shall be deen- manent ventilation control devices
ergized, and other mechanized equip-
constructed after November 15, 1992,
ment in the working place shall be
shall be built and maintained—
shut off until the methane concentra-
(1) Between intake and return air
tion is reduced to less than 1.0 percent.
(d) When an auxiliary fan is courses, except temporary controls
stopped— may be used in rooms that are 600 feet
(1) Line brattice or other face ven- or less from the centerline of the entry
tilation control devices shall be used to from which the room was developed in-
maintain ventilation to affected faces; cluding where continuous face haulage
and systems are used in such rooms. Unless
(2) Electrical equipment in the af- otherwise approved in the ventilation
fected working places shall be discon- plan, these stoppings or controls shall
nected at the power source, and other be maintained to and including the
mechanized equipment shall be shut off third connecting crosscut outby the
until ventilation to the working place working face;
is restored. (2) To separate belt conveyor
haulageways from return air courses,
§ 75.332 Working sections and working except where belt entries in areas of
places. mines developed before March 30, 1970,
(a)(1) Each working section and each are used as return air courses;
area where mechanized mining equip- (3) To separate belt conveyor
ment is being installed or removed, haulageways from intake air courses
shall be ventilated by a separate split when the air in the intake air courses
of intake air directed by overcasts, is used to provide air to active working
undercasts or other permanent ventila- places. Temporary ventilation controls
tion controls. may be used in rooms that are 600 feet
(2) When two or more sets of mining or less from the centerline of the entry
equipment are simultaneously engaged from which the rooms were developed
in cutting, mining, or loading coal or including where continuous face haul-
rock from working places within the age systems are used in such rooms.
same working section, each set of min- When continuous face haulage systems
ing equipment shall be on a separate are used, permanent stoppings or other
split of intake air. permanent ventilation control devices
(3) For purposes of this section, a set shall be built and maintained to the
of mining equipment includes a single outby most point of travel of the dolly
loading machine, a single continuous or 600 feet from the point of deepest
mining machine, or a single longwall penetration in the conveyor belt entry,
or shortwall mining machine. whichever distance is closer to the
(b)(1) Air that has passed through point of deepest penetration, to sepa-
any area that is not examined under rate the continuous haulage entry from
§§ 75.360, 75.361 or 75.364 of this subpart, the intake entries;
or through an area where second min- (4) To separate the primary
ing has been done shall not be used to escapeway from belt and trolley haul-
ventilate any working place. Second age entries, as required by § 75.380(g).
mining is intentional retreat mining For the purposes of § 75.380(g), the load-
where pillars have been wholly or paring point for a continuous haulage sys-
tially removed, regardless of the tem shall be the outby most point of
amount of recovery obtained. travel of the dolly or 600 feet from the
527
§ 75.333 30 CFR Ch. I (7–1–20 Edition)
point of deepest penetration, whichever the American Society for Testing and
distance is less; and Materials (ASTM), 100 Barr Harbor
(5) In return air courses to direct air Drive, P.O. Box C700, West
into adjacent worked-out areas. Conshohocken, PA 19428–2959; 610–832–
(c) Personnel doors shall be con- 9500; http://www.astm.org. This incorpo-
structed of noncombustible material ration by reference was approved by
and shall be of sufficient strength to the Director of the Federal Register in
serve their intended purpose of main- accordance with 5 U.S.C. 552(a) and 1
taining separation and permitting CFR part 51.
travel between air courses, and shall be (2) Of sufficient strength to serve
installed as follows in permanent their intended purpose of maintaining
stoppings constructed after November separation and permitting travel be-
15, 1992: tween or within air courses or entries.
(1) The distance between personnel (3) Installed in pairs to form an air-
doors shall be no more than 300 feet in lock. When an airlock is used, one side
seam heights below 48 inches and 600
of the airlock shall remain closed.
feet in seam heights 48 inches or high-
When not in use, both sides shall be
er.
closed.
(2) The location of all personnel doors
in stoppings along escapeways shall be (e)(1)(i) Except as provided in para-
clearly marked so that the doors may graphs (e)(2), (3), and (4) of this section,
be easily identified by anyone trav- all overcasts, undercasts, shaft parti-
eling in the escapeway and in the en- tions, permanent stoppings, and regu-
tries on either side of the doors. lators, installed after June 10, 1996,
(3) When not in use, personnel doors shall be constructed in a traditionally
shall be closed. accepted method and of materials that
(4) An airlock shall be established have been demonstrated to perform
where the air pressure differential be- adequately or in a method and of mate-
tween air courses creates a static force rials that have been tested and shown
exceeding 125 pounds on closed per- to have a minimum strength equal to
sonnel doors along escapeways. or greater than the traditionally ac-
(d) Doors, other than personnel cepted in-mine controls. Tests may be
doors, constructed after November 15, performed under ASTM E72–80,
1992, that are used in lieu of permanent ‘‘Standard Methods of Conducting
stoppings or to control ventilation Strength Tests of Panels for Building
within an air course shall be: Construction’’ (Section 12–Transverse
(1) Made of noncombustible material Load–Specimen Vertical, load, only),
or coated on all accessible surfaces or the operator may conduct compara-
with flame-retardant materials having tive in-mine tests. In-mine tests shall
a flame-spread index of 25 or less, as be designed to demonstrate the com-
tested under ASTM E162–87, ‘‘Standard parative strength of the proposed con-
Test Method for Surface Flammability struction and a traditionally accepted
of Materials Using a Radiant Heat En- in-mine control. The publication
ergy Source.’’ This publication is in- ASTM E72–80, ‘‘Standard Methods of
corporated by reference and may be in- Conducting Strength Tests of Panels
spected at any MSHA Coal Mine Safety for Building Construction,’’ is incor-
and Health District Office, or at porated by reference and may be in-
MSHA’s Office of Standards, Regula- spected at any MSHA Coal Mine Safety
tions, and Variances, 201 12th Street and Health District Office, or at
South, Arlington, VA 22202–5452; 202– MSHA’s Office of Standards, Regula-
693–9440; and at the National Archives tions, and Variances, 201 12th Street
and Records Administration (NARA). South, Arlington, VA 22202–5452; 202–
For information on the availability of 693–9440; and at the National Archives
this material at NARA, call 202–741– and Records Administration (NARA).
6030, or go to: http://www.archives.gov/ For information on the availability of
federallregister/ this material at NARA, call 202–741–
codeloflfederallregulations/ 6030, or go to: http://www.archives.gov/
ibrllocations.html. In addition, copies federallregister/

of the document can be purchased from codeloflfederallregulations/
528
ibrllocations.html. In addition, copies ration by reference was approved by

of the document can be purchased from the Director of the Federal Register in
the American Society for Testing and accordance with 5 U.S.C. 552(a) and 1
Materials (ASTM), 100 Barr Harbor CFR part 51.
Drive, P.O. Box C700, West (4) In anthracite mines, doors and
Conshohocken, PA 19428–2959; 610–832– regulators may be constructed of over-
9500; http://www.astm.org. This incorpo- lapping layers of hardwood boards, if
ration by reference was approved by the doors, door frames, and regulators
the Director of the Federal Register in
are a minimum 2 inches thick.
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. (f) When sealants are applied to ven-
(ii) All overcasts, undercasts, shaft tilation controls, the sealant shall
partitions, permanent stoppings, and have a flame-spread index of 25 or less
regulators, installed after November 15, under ASTM E162–87, ‘‘Standard Test
1992, shall be constructed of non- Method for Surface Flammability of
combustible material. Materials that Materials Using a Radiant Heat Energy
are suitable for the construction of Source.’’ This publication is incor-
overcasts, undercasts, shaft partitions, porated by reference and may be in-
permanent stoppings, and regulators spected at any MSHA Coal Mine Safety
include concrete, concrete block, brick, and Health District Office, or at
cinder block, tile, or steel. No ventila- MSHA’s Office of Standards, Regula-
tion controls installed after November tions, and Variances, 201 12th Street
15, 1992, shall be constructed of alu- South, Arlington, VA 22202–5452; 202–
minum. 693–9440; and at the National Archives
(2) In anthracite mines, permanent and Records Administration (NARA).
stoppings may be constructed of over- For information on the availability of
lapping layers of hardwood mine
this material at NARA, call 202–741–
boards, if the stoppings are a minimum
6030, or go to: http://www.archives.gov/
2 inches thick.
(3) When timbers are used to create federallregister/
permanent stoppings in heaving or cav- codeloflfederallregulations/
ing areas, the stoppings shall be coated ibrllocations.html. In addition, copies
on all accessible surfaces with a flame- of the document can be purchased from
retardant material having a flame- the American Society for Testing and
spread index of 25 or less, as tested Materials (ASTM), 100 Barr Harbor
under ASTM E162–87, ‘‘Standard Test Drive, P.O. Box C700, West
Method for Surface Flammability of Conshohocken, PA 19428–2959; 610–832–
Materials Using a Radiant Heat Energy 9500; http://www.astm.org. This incorpo-
Source.’’ This publication is incor- ration by reference was approved by
porated by reference and may be in- the Director of the Federal Register in
spected at any MSHA Coal Mine Safety accordance with 5 U.S.C. 552(a) and 1
and Health District Office, or at CFR part 51.
MSHA’s Office of Standards, Regula- (g) Before mining is discontinued in
tions, and Variances, 201 12th Street an entry or room that is advanced
South, Arlington, VA 22202–5452; 202–
more than 20 feet from the inby rib, a
693–9440; and at the National Archives
crosscut shall be made or line brattice
and Records Administration (NARA).
For information on the availability of shall be installed and maintained to
this material at NARA, call 202–741– provide adequate ventilation. When
6030, or go to: http://www.archives.gov/ conditions such as methane liberation
federallregister/ warrant a distance less than 20 feet,
codeloflfederallregulations/ the approved ventilation plan shall
ibrllocations.html. In addition, copies specify the location of such rooms or
of the document can be purchased from entries and the maximum distance
the American Society for Testing and they will be developed before a cross-
Materials (ASTM), 100 Barr Harbor cut is made or line brattice is installed.
Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959; 610–832–

9500; http://www.astm.org. This incorpo-
529
§ 75.334 30 CFR Ch. I (7–1–20 Edition)
(h) All ventilation controls, including (e) Each mining system shall be de-
seals, shall be maintained to serve the signed so that each worked-out area
purpose for which they were built. can be sealed. The approved ventilation
plan shall specify the location and the
[61 FR 9829, Mar. 11, 1996; 61 FR 20877, May 8,
1996; 61 FR 26442, May 28, 1996; 61 FR 29288, sequence of construction of proposed
29289, June 10, 1996, as amended at 67 FR seals.
38386, June 4, 2002; 71 FR 16668, Apr. 3, 2006; 73 (f) In place of the requirements of
FR 80612, Dec. 31, 2008; 80 FR 52991, Sept. 2, paragraphs (a) and (b) of this section,
2015] for mines with a demonstrated history
of spontaneous combustion, or that are
§ 75.334 Worked-out areas and areas located in a coal seam determined to
where pillars are being recovered. be susceptible to spontaneous combus-
(a) Worked-out areas where no pillars tion, the approved ventilation plan
have been recovered shall be— shall specify the following:
(1) Ventilated so that methane-air (1) Measures to detect methane, car-
mixtures and other gases, dusts, and bon monoxide, and oxygen concentra-
fumes from throughout the worked-out tions during and after pillar recovery,
areas are continuously diluted and and in worked-out areas where no pil-
routed into a return air course or to lars have been recovered, to determine
the surface of the mine; or if the areas must be ventilated or
(2) Sealed. sealed.
(b)(1) During pillar recovery a bleeder (2) Actions that will be taken to pro-
system shall be used to control the air tect miners from the hazards of sponta-
passing through the area and to con- neous combustion.
tinuously dilute and move methane-air (3) If a bleeder system will not be
mixtures and other gases, dusts, and used, the methods that will be used to
fumes from the worked-out area away control spontaneous combustion, accu-
from active workings and into a return mulations of methane-air mixtures,
air course or to the surface of the and other gases, dusts, and fumes in
mine. the worked-out area.
(2) After pillar recovery a bleeder
system shall be maintained to provide § 75.335 Seal strengths, design applica-
ventilation to the worked-out area, or tions, and installation.
the area shall be sealed. (a) Seal strengths. Seals constructed
(c) The approved ventilation plan on or after October 20, 2008 shall be de-
shall specify the following: signed, constructed, and maintained to
(1) The design and use of bleeder sys- withstand—
tems; (1)(i) At least 50-psi overpressure
(2) The means to determine the effec- when the atmosphere in the sealed area
tiveness of bleeder systems; is monitored and maintained inert and
(3) The means for adequately main- designed using a pressure-time curve
taining bleeder entries free of obstruc- with an instantaneous overpressure of
tions such as roof falls and standing at least 50 psi. A minimum over-
water; and pressure of at least 50 psi shall be
(4) The location of ventilating de- maintained for at least four seconds
vices such as regulators, stoppings and then released instantaneously.
bleeder connectors used to control air (ii) Seals constructed to separate the
movement through the worked-out active longwall panel from the
area. longwall panel previously mined shall
(d) If the bleeder system used does be designed using a pressure-time curve
not continuously dilute and move with a rate of pressure rise of at least
methane-air mixtures and other gases, 50 psi in 0.1 second. A minimum over-
dusts, and fumes away from worked- pressure of at least 50 psi shall be
out areas into a return air course or to maintained; or
the surface of the mine, or it cannot be (2)(i) Overpressures of at least 120 psi
determined by examinations or evalua- if the atmosphere in the sealed area is
tions under § 75.364 that the bleeder sys- not monitored, is not maintained inert,
tem is working effectively, the worked- the conditions in paragraphs (a)(3)(i)

out area shall be sealed. through (iii) of this section are not
530
present, and the seal is designed using accordance with current, prudent engi-
a pressure-time curve with an instanta- neering practices and is applicable to
neous overpressure of at least 120 psi. A conditions in an underground coal
minimum overpressure of 120 psi shall mine; and
be maintained for at least four seconds (iii) Include a summary of the instal-
then released instantaneously. lation procedures related to seal con-
(ii) Seals constructed to separate the struction; or
active longwall panel from the (2) Each application based on full-
longwall panel previously mined shall scale explosion tests or equivalent
be designed using a pressure-time curve means of physical testing shall address
with a rate of pressure rise of 120 psi in the following requirements to ensure
0.25 second. A minimum overpressure that a seal can reliably meet the seal
of 120 psi shall be maintained; or strength requirements:
(3) Overpressures greater than 120 psi (i) Certification by a professional en-
if the atmosphere in the sealed area is gineer that the testing was done in ac-
not monitored and is not maintained cordance with current, prudent engi-
inert, and neering practices for construction in a
(i) The atmosphere in the sealed area coal mine;
is likely to contain homogeneous mix- (ii) Technical information related to
tures of methane between 4.5 percent the methods and materials;
and 17.0 percent and oxygen exceeding (iii) Supporting documentation;
17.0 percent throughout the entire (iv) An engineering analysis to ad-
area; dress differences between the seal sup-
(ii) Pressure piling could result in port during test conditions and the
overpressures greater than 120 psi in range of conditions in a coal mine; and
the area to be sealed; or (v) A summary of the installation
(iii) Other conditions are encoun- procedures related to seal construc-
tered, such as the likelihood of a deto- tion.
nation in the area to be sealed. (3) MSHA will notify the applicant if
(iv) Where the conditions in para- additional information or testing is re-
graphs (a)(3)(i), (ii), or (iii) of this sec- quired. The applicant shall provide this
tion are encountered, the mine oper- information, arrange any additional or
ator shall revise the ventilation plan to repeat tests, and provide prior notifica-
address the potential hazards. The plan tion to MSHA of the location, date, and
shall include seal strengths sufficient time of such test(s).
to address such conditions. (4) MSHA will notify the applicant,
(b) Seal design applications. Seal de- in writing, whether the design is ap-
sign applications from seal manufac- proved or denied. If the design is de-
turers or mine operators shall be in ac- nied, MSHA will specify, in writing,
cordance with paragraph (b)(1) or (2) of the deficiencies of the application, or
this section and submitted for approval necessary revisions.
to MSHA’s Office of Technical Support, (5) Once the seal design is approved,
Pittsburgh Safety and Health Tech- the approval holder shall promptly no-
nology Center, 626 Cochrans Mill Road, tify MSHA, in writing, of all defi-
Building 151, Pittsburgh, PA 15236–3611. ciencies of which they become aware.
(1) An engineering design application (c) Seal installation approval. The in-
shall— stallation of the approved seal design
(i) Address gas sampling pipes, water shall be subject to approval in the ven-
drainage systems, methods to reduce tilation plan. The mine operator
air leakage, pressure-time curve, fire shall—
resistance characteristics, flame (1) Retain the seal design approval
spread index, entry size, engineering and installation information for as
design and analysis, elasticity of de- long as the seal is needed to serve the
sign, material properties, construction purpose for which it was built.
specifications, quality control, design (2) Designate a professional engineer
references, and other information re- to conduct or have oversight of seal in-
lated to seal construction; stallation and certify that the provi-
(ii) Be certified by a professional en- sions in the approved seal design speci-
gineer that the design of the seal is in fied in this section have been addressed
531
§ 75.336 30 CFR Ch. I (7–1–20 Edition)
and are applicable to conditions at the sealed areas. Sealed areas shall be
mine. A copy of the certification shall monitored, whether ingassing or
be submitted to the District Manager outgassing, for methane and oxygen
with the information provided in para- concentrations and the direction of
graph (c)(3) of this section and a copy leakage.
of the certification shall be retained (1) Each sampling pipe and approved
for as long as the seal is needed to sampling location shall be sampled at
serve the purpose for which it was least every 24 hours.
built. (i) Atmospheres with seals of 120 psi
(3) Provide the following information or greater shall be sampled until the
for approval in the ventilation plan— design strength is reached for every
(i) The MSHA Technical Support Ap- seal used to seal the area.
proval Number; (ii) Atmospheres with seals less than
(ii) A summary of the installation
120 psi constructed before October 20,
procedures;
2008 shall be monitored for methane
(iii) The mine map of the area to be
and oxygen concentrations and main-
sealed and proposed seal locations that
tained inert. The operator may request
include the deepest points of penetra-
that the District Manager approve dif-
tion prior to sealing. The mine map
ferent sampling locations and fre-
shall be certified by a professional en-
quencies in the ventilation plan, pro-
gineer or a professional land surveyor.
(iv) Specific mine site information, vided at least one sample is taken at
including— each set of seals at least every 7 days.
(A) Type of seal; (iii) Atmospheres with seals less than
(B) Safety precautions taken prior to 120 psi constructed after October 20,
seal achieving design strength; 2008 shall be monitored for methane
(C) Methods to address site-specific and oxygen concentrations and main-
conditions that may affect the tained inert. The operator may request
strength and applicability of the seal that the District Manager approve dif-
including set-back distances; ferent sampling locations and fre-
(D) Site preparation; quencies in the ventilation plan after a
(E) Sequence of seal installations; minimum of 14 days and after the seal
(F) Projected date of completion of design strength is reached, provided at
each set of seals; least one sample is taken at each set of
(G) Supplemental roof support inby seals at least every 7 days.
and outby each seal; (2) The mine operator shall evaluate
(H) Water flow estimation and di- the atmosphere in the sealed area to
mensions of the water drainage system determine whether sampling through
through the seals; the sampling pipes in seals and ap-
(I) Methods to ventilate the outby proved locations provides appropriate
face of seals once completed; sampling locations of the sealed area.
(J) Methods and materials used to The mine operator shall make the eval-
maintain each type of seal; uation immediately after the minimum
(K) Methods to address shafts and 14-day required sampling, if the mine
boreholes in the sealed area; ventilation system is reconfigured, if
(L) Assessment of potential for over- changes occur that adversely affect the
pressures greater than 120 psi in sealed sealed area, or if the District Manager
area; requests an evaluation. When the re-
(M) Additional sampling locations; sults of the evaluations indicate the
and need for additional sampling locations,
(N) Additional information required the mine operator shall provide the ad-
by the District Manager. ditional locations and have them ap-
[73 FR 21206, Apr. 18, 2008, as amended at 80 proved in the ventilation plan. The Dis-
FR 52982, Sept. 2, 2015] trict Manager may require additional
sampling locations and frequencies in
§ 75.336 Sampling and monitoring re- the ventilation plan.
quirements. (3) Mine operators with an approved
(a) A certified person as defined in ventilation plan addressing sponta-

§ 75.100 shall monitor atmospheres of neous combustion pursuant to § 75.334(f)
532
shall sample the sealed atmosphere in the mine operator shall have a ventila-
accordance with the ventilation plan. tion plan revision approved by the Dis-
(4) The District Manager may ap- trict Manager specifying the actions to
prove in the ventilation plan the use of be taken.
a continuous monitoring system in lieu (d) In sealed areas with a dem-
of monitoring provisions in this sec- onstrated history of carbon dioxide or
tion. sealed areas where inert gases have
(b)(1) Except as provided in § 75.336(d), been injected, the operator may re-
the atmosphere in the sealed area is quest that the District Manager ap-
considered inert when the oxygen con- prove in the ventilation plan an alter-
centration is less than 10.0 percent or native method to determine if the
the methane concentration is less than sealed atmosphere is inert and when
3.0 percent or greater than 20.0 percent. miners have to be withdrawn. The mine
(2) Immediate action shall be taken operator shall address in the ventila-
by the mine operator to restore an tion plan the specific levels of meth-
inert sealed atmosphere behind seals ane, carbon dioxide, nitrogen and oxy-
with strengths less than 120 psi. Until gen; the sampling methods and equip-
the atmosphere in the sealed area is re- ment used; and the methods to evalu-
stored to an inert condition, the sealed
ate these concentrations underground
atmosphere shall be monitored at each
at the seal.
sampling pipe and approved location at
least once every 24 hours. (e) Recordkeeping. (1) The certified
(c) Except as provided in § 75.336(d), person shall promptly record each sam-
when a sample is taken from the sealed pling result including the location of
atmosphere with seals of less than 120 the sampling points, whether ingassing
psi and the sample indicates that the or outgassing, and oxygen and methane
oxygen concentration is 10 percent or concentrations. The results of oxygen
greater and methane is between 4.5 per- and methane samples shall be recorded
cent and 17 percent, the mine operator as the percentage of oxygen and meth-
shall immediately take an additional ane measured by the certified person
sample and then immediately notify and any hazardous condition found in
the District Manager. When the addi- accordance with § 75.363.
tional sample indicates that the oxy- (2) The mine operator shall retain
gen concentration is 10 percent or sampling records at the mine for at
greater and methane is between 4.5 per- least one year from the date of the
cent and 17 percent, persons shall be sampling.
withdrawn from the affected area [73 FR 21207, Apr. 18, 2008; 73 FR 27730, May
which is the entire mine or other af- 14, 2008]
fected area identified by the operator
and approved by the District Manager § 75.337 Construction and repair of
in the ventilation plan, except those seals.
persons referred to in § 104(c) of the
(a) The mine operator shall maintain
Act. The operator may identify areas
and repair seals to protect miners from
in the ventilation plan to be approved
hazards of sealed areas.
by the District Manager where persons
may be exempted from withdrawal. The (b) Prior to sealing, the mine oper-
operator’s request shall address the lo- ator shall—
cation of seals in relation to: Areas (1) Remove insulated cables, bat-
where persons work and travel in the teries, and other potential electric ig-
mine; escapeways and potential for nition sources from the area to be
damage to the escapeways; and ventila- sealed when constructing seals, unless
tion systems and controls in areas it is not safe to do so. If ignition
where persons work or travel and sources cannot safely be removed, seals
where ventilation is used for must be constructed to at least 120 psi;
escapeways. The operator’s request (2) Remove metallic objects through
shall also address the gas concentra- or across seals; and
tion of other sampling locations in the (3) Breach or remove all stoppings in
sealed area and other required informa- the first crosscut inby the seals imme-
tion. Before miners reenter the mine, diately prior to sealing the area.
533
§ 75.338 30 CFR Ch. I (7–1–20 Edition)
(c) A certified person designated by feet of a seal. An operator may request

the mine operator shall directly super- a different location in the ventilation
vise seal construction and repair and— plan to be approved by the District
(1) Examine each seal site imme- Manager. The operator’s request must
diately prior to construction or repair address methods the mine operator will
to ensure that the site is in accordance use to continuously monitor atmos-
with the approved ventilation plan; pheric conditions in the sealed area
(2) Examine each seal under con- during welding or burning; the airflow
struction or repair during each shift to conditions in and around the work
ensure that the seal is being con- area; the rock dust and water applica-
structed or repaired in accordance with tion methods; the availability of fire
the approved ventilation plan; extinguishers on hand; the procedures
(3) Examine each seal upon comple- to maintain safe conditions, and other
tion of construction or repair to ensure relevant factors.
that construction or repair is in ac- (g) Sampling pipes. (1) For seals con-
cordance with the approved ventilation structed after April 18, 2008, one non-
plan; metallic sampling pipe shall be in-
(4) Certify by initials, date, and time stalled in each seal that shall extend
that the examinations were made; and into the center of the first connecting
(5) Make a record of the examination crosscut inby the seal. If an open cross-
at the completion of any shift during cut does not exist, the sampling pipe
which an examination was conducted. shall extend one-half of the distance of
The record shall include each defi- the open entry inby the seal.
ciency and the corrective action taken. (2) Each sampling pipe shall be
The record shall be countersigned by equipped with a shut-off valve and ap-
the mine foreman or equivalent mine propriate fittings for taking gas sam-
official by the end of the mine fore- ples.
man’s or equivalent mine official’s (3) The sampling pipes shall be la-
next regularly scheduled working shift. beled to indicate the location of the
The record shall be kept at the mine sampling point when more than one
for one year. sampling pipe is installed through a
(d) Upon completion of construction seal.
of each seal a senior mine management (4) If a new seal is constructed to re-
official, such as a mine manager or su- place or reinforce an existing seal with
perintendent, shall certify that the a sampling pipe, the sampling pipe in
construction, installation, and mate- the existing seal shall extend through
rials used were in accordance with the the new seal. An additional sampling
approved ventilation plan. The mine pipe shall be installed through each
operator shall retain the certification new seal to sample the area between
for as long as the seal is needed to seals, as specified in the approved ven-
serve the purpose for which it was tilation plan.
built. (h) Water drainage system. For each
(e) The mine operator shall— set of seals constructed after April 18,
(1) Notify the District Manager be- 2008, the seal at the lowest elevation
tween two and fourteen days prior to shall have a corrosion-resistant, non-
commencement of seal construction; metallic water drainage system. Seals
(2) Notify the District Manager, in shall not impound water or slurry.
writing, within five days of completion Water or slurry shall not accumulate
of a set of seals and provide a copy of within the sealed area to any depth
the certification required in paragraph that can adversely affect a seal.
(d) of this section; and
(3) Submit a copy of quality control [73 FR 21207, Apr. 18, 2008]
results to the District Manager for seal
material properties specified by § 75.335 § 75.338 Training.
within 30 days of completion of quality (a) Certified persons conducting sam-
control tests. pling shall be trained in the use of ap-
(f) Welding, cutting, and soldering. propriate sampling equipment, proce-
Welding, cutting, and soldering with an dures, location of sampling points, fre-
arc or flame are prohibited within 150 quency of sampling, size and condition
534
of the sealed area, and the use of con- sign and ventilation plan. The mine op-
tinuous monitoring systems if applica- erator shall certify the date of training
ble before they conduct sampling, and provided each miner, certified person,
annually thereafter. The mine operator and senior mine management official
shall certify the date of training pro- and retain each certification for two
vided to certified persons and retain years.
each certification for two years.
(b) Miners constructing or repairing [73 FR 21208, Apr. 18, 2008]
seals, designated certified persons, and
§ 75.339 Seals records.
senior mine management officials shall
be trained prior to constructing or re- (a) The table entitled ‘‘Seal Record-
pairing a seal and annually thereafter. keeping Requirements’’ lists records
The training shall address materials the operator shall maintain and the re-
and procedures in the approved seal de- tention period for each record.
TABLE—§ 75.339(a) SEAL RECORDKEEPING REQUIREMENTS
Record Section reference Retention time
(1) Approved seal design ....................................... 75.335(c)(1) ................... As long as the seal is needed to serve the pur-
pose for which it is built.
(2) Certification of Provisions of Approved Seal 75.335(c)(2) ................... As long as the seal is needed to serve the pur-
Design is Addressed. pose for which it is built.
(3) Gas sampling records ....................................... 75.336(e)(2) .................. 1 year.
(4) Record of examinations .................................... 75.337(c)(5) ................... 1 year.
(5) Certification of seal construction, installation, 75.337(d) ....................... As long as the seal is needed to serve the pur-
and materials. pose for which it is built.
(6) Certification of Training for Persons that Sam- 75.338(a) ....................... 2 years.
ple.
(7) Certification of Training for Persons that Per- 75.338(b) ....................... 2 years.
form Seal Construction and Repair.
(b) Records required by §§ 75.335, § 75.340 Underground electrical instal-

75.336, 75.337 and 75.338 shall be retained lations.
at a surface location at the mine in a (a) Underground transformer sta-
secure book that is not susceptible to tions, battery charging stations, sub-
alteration. The records may be re- stations, rectifiers, and water pumps
tained electronically in a computer shall be housed in noncombustible
system that is secure and not suscep- structures or areas or be equipped with
tible to alteration, if the mine operator a fire suppression system meeting the
can immediately access the record requirements of § 75.1107–3 through
from the mine site. § 75.1107–16.
(c) Upon request from an authorized (1) When a noncombustible structure
representative of the Secretary of or area is used, these installations
Labor, the Secretary of Health and shall be—
Human Services, or from the author- (i) Ventilated with intake air that is
ized representative of miners, mine op- coursed into a return air course or to
erators shall promptly provide access the surface and that is not used to ven-
to any record listed in the table in this tilate working places; or
section. (ii) Ventilated with intake air that is
(d) Whenever an operator ceases to do monitored for carbon monoxide or
smoke by an AMS installed and oper-
business or transfers control of the
ated according to § 75.351. Monitoring of
mine to another entity, that operator
intake air ventilating battery charging
shall transfer all records required to be stations shall be done with sensors not
maintained by this part, or a copy affected by hydrogen; or
thereof, to any successor operator who (iii) Ventilated with intake air and
shall maintain them for the required equipped with sensors to monitor for
period. heat and for carbon monoxide or
[73 FR 21208, Apr. 18, 2008] smoke. Monitoring of intake air ven-
tilating battery charging stations shall
535
§ 75.341 30 CFR Ch. I (7–1–20 Edition)
be done with sensors not affected by (b) Thermal overload devices shall
hydrogen. The sensors shall deenergize protect the blower motor from over-
power to the installation, activate a heating.
visual and audible alarm located out- (c) The fuel supply shall turn off
side of and on the intake side of the en- automatically if a flame-out occurs.
closure, and activate doors that will (d) Each heater shall be located or
automatically close when either of the guarded to prevent contact by persons
following occurs: and shall be equipped with a screen at
(A) The temperature in the non- the inlet to prevent combustible mate-
combustible structure reaches 165 °F; rials from passing over the burner
or units.
(B) The carbon monoxide concentra- (e) If intake air heaters use liquefied
tion reaches 10 parts per million above fuel systems—
the ambient level for the area, or the (1) Hydrostatic relief valves installed
optical density of smoke reaches 0.022 on vaporizers and on storage tanks
per meter. At least every 31 days, sen- shall be vented; and
sors installed to monitor for carbon (2) Fuel storage tanks shall be lo-
monoxide shall be calibrated with a cated or protected to prevent fuel from
known concentration of carbon mon- leaking into the mine.
oxide and air sufficient to activate the (f) Following any period of 8 hours or
closing door, or each smoke sensor more during which a heater does not
shall be tested to determine that it operate, the heater and its associated
functions correctly. components shall be examined within
(2) When a fire suppression system is its first hour of operation. Addition-
used, these installations shall be— ally, each heater and its components
(i) Ventilated with intake air that is shall be examined at least once each
coursed into a return air course or to shift that the heater operates. The ex-
the surface and that is not used to ven- amination shall include measurement
tilate working places; or of the carbon monoxide concentration
(ii) Ventilated with intake air that is at the bottom of each shaft, slope, or in
monitored for carbon monoxide or the drift opening where air is being
smoke by an AMS installed and oper- heated. The measurements shall be
ated according to § 75.351. Monitoring of taken by a person designated by the
intake air ventilating battery charging operator or by a carbon monoxide sen-
stations shall be done with sensors not sor that is calibrated with a known
affected by hydrogen. concentration of carbon monoxide and
(b) This section does not apply to— air at least once every 31 days. When
the carbon monoxide concentration at
(1) Rectifiers and power centers with
this location reaches 50 parts per mil-
transformers that are either dry-type
lion, the heater causing the elevated
or contain nonflammable liquid, if they
carbon monoxide level shall be shut
are located at or near the section and
down.
are moved as the working section ad-
vances or retreats; § 75.342 Methane monitors.
(2) Submersible pumps;
(a)(1) MSHA approved methane mon-
(3) Permissible pumps and associated
itors shall be installed on all face cut-
permissible switchgear;
ting machines, continuous miners,
(4) Pumps located on or near the sec- longwall face equipment, loading ma-
tion and that are moved as the working chines, and other mechanized equip-
section advances or retreats; ment used to extract or load coal with-
(5) Pumps installed in anthracite in the working place.
mines; and (2) The sensing device for methane
(6) Small portable pumps. monitors on longwall shearing ma-
chines shall be installed at the return
§ 75.341 Direct-fired intake air heaters. air end of the longwall face. An addi-
(a) If any system used to heat intake tional sensing device also shall be in-
air malfunctions, the heaters affected stalled on the longwall shearing ma-
shall switch off automatically. chine, downwind and as close to the
536
cutting head as practicable. An alter- § 75.343 Underground shops.

native location or locations for the
(a) Underground shops shall be
sensing device required on the longwall equipped with an automatic fire sup-
shearing machine may be approved in pression system meeting the require-
the ventilation plan. ments of § 75.1107–3 through § 75.1107–16,
(3) The sensing devices of methane or be enclosed in a noncombustible
monitors shall be installed as close to structure or area.
the working face as practicable. (b) Underground shops shall be venti-
(4) Methane monitors shall be main- lated with intake air that is coursed di-
tained in permissible and proper oper- rectly into a return air course.
ating condition and shall be calibrated
with a known air-methane mixture at § 75.344 Compressors.
least once every 31 days. To assure that (a) Except compressors that are com-
methane monitors are properly main- ponents of equipment such as loco-
tained and calibrated, the operator motives and rock dusting machines and
shall: compressors of less than 5 horsepower,
(i) Use persons properly trained in electrical compressors including those
the maintenance, calibration, and per- that may start automatically shall be:
missibility of methane monitors to (1) Continuously attended by a per-
calibrate and maintain the devices. son designated by the operator who can
(ii) Maintain a record of all calibra- see the compressor at all times during
tion tests of methane monitors. its operation. Any designated person
Records shall be maintained in a secure attending the compressor shall be ca-
book that is not susceptible to alter- pable of activating the fire suppression
ation or electronically in a computer system and deenergizing or shutting-
off the compressor in the event of a
system so as to be secure and not sus-
fire; or,
ceptible to alteration.
(2) Enclosed in a noncombustible
(iii) Retain the record of calibration
structure or area which is ventilated
tests for 1 year from the date of the by intake air coursed directly into a
test. Records shall be retained at a sur- return air course or to the surface and
face location at the mine and made equipped with sensors to monitor for
available for inspection by authorized heat and for carbon monoxide or
representatives of the Secretary and smoke. The sensors shall deenergize
the representative of miners. power to the compressor, activate a
(b)(1) When the methane concentra- visual and audible alarm located out-
tion at any methane monitor reaches side of and on the intake side of the en-
1.0 percent the monitor shall give a closure, and activate doors to auto-
warning signal. matically enclose the noncombustible
(2) The warning signal device of the structure or area when either of the
methane monitor shall be visible to a following occurs:
person who can deenergize electric (i) The temperature in the non-
equipment or shut down diesel-powered combustible structure or area reaches
equipment on which the monitor is 165 °F.
mounted. (ii) The carbon monoxide concentra-
(c) The methane monitor shall auto- tion reaches 10 parts per million above
matically deenergize electric equip- the ambient level for the area, or the
ment or shut down diesel-powered optical density of smoke reaches 0.022
equipment on which it is mounted per meter. At least once every 31 days,
when— sensors installed to monitor for carbon
(1) The methane concentration at monoxide shall be calibrated with a
any methane monitor reaches 2.0 per- known concentration of carbon mon-
oxide and air sufficient to activate the
cent; or
closing door, and each smoke sensor
(2) The monitor is not operating shall be tested to determine that it
properly. functions correctly.
[61 FR 9829, Mar. 11, 1996, as amended at 61 (b) Compressors, except those ex-
FR 55527, Oct. 25, 1996] empted in paragraph (a), shall be
537
§ 75.350 30 CFR Ch. I (7–1–20 Edition)
equipped with a heat activated fire sup- ated, examined, and maintained as
pression system meeting the require- specified in § 75.351.
ments of 75.1107–3 through 75.1107–16. (2) All miners must be trained annu-
(c) Two portable fire extinguishers or ally in the basic operating principles of
one extinguisher having at least twice the AMS, including the actions re-
the minimum capacity specified for a quired in the event of activation of any
portable fire extinguisher in § 75.1100– AMS alert or alarm signal. This train-
1(e) shall be provided for each coming must be conducted prior to working
pressor. underground in a mine that uses belt
(d) Notwithstanding the require- air to ventilate working sections or
ments of § 75.1107–4, upon activation of areas where mechanized mining equip-
any fire suppression system used under ment is installed or removed. It must
paragraph (b) of this section, the com- be conducted as part of a miner’s 30
pressor shall be automatically deener- CFR part 48 new miner training (§ 48.5),
gized or automatically shut off. experienced miner training (§ 48.6), or
[61 FR 9829, Mar. 11, 1996, as amended at 61 annual refresher training (§ 48.8).
FR 55527, Oct. 25, 1996] (3)(i) The average concentration of
respirable dust in the belt air course,
§ 75.350 Belt air course ventilation. when used as a section intake air
(a) The belt air course must not be course, shall be maintained at or
used as a return air course; and except below:
as provided in paragraph (b) of this sec- (A) 1.0 mg/m3.
tion, the belt air course must not be (B) 0.5 mg/m3 as of August 1, 2016.
used to provide air to working sections (ii) Where miners on the working sec-
or to areas where mechanized mining tion are on a reduced standard below
equipment is being installed or re- that specified in § 75.350(b)(3)(i), the av-
moved. erage concentration of respirable dust
(1) The belt air course must be sepa- in the belt entry must be at or below
rated with permanent ventilation con- the lowest applicable standard on that
trols from return air courses and from section.
other intake air courses except as pro- (iii) A permanent designated area
vided in paragraph (c) of this section. (DA) for dust measurements must be
(2) Effective December 31, 2009, the established at a point no greater than
air velocity in the belt entry must be 50 feet upwind from the section loading
at least 50 feet per minute. When re- point in the belt entry when the belt
quested by the mine operator, the dis- air flows over the loading point or no
trict manager may approve lower ve- greater than 50 feet upwind from the
locities in the ventilation plan based point where belt air is mixed with air
on specific mine conditions. Air veloci- from another intake air course near
ties must be compatible with all fire the loading point. The DA must be
detection systems and fire suppression specified and approved in the ventila-
systems used in the belt entry. tion plan.
(b) The use of air from a belt air (4) The primary escapeway must be
course to ventilate a working section, monitored for carbon monoxide or
or an area where mechanized mining smoke as specified in § 75.351(f).
equipment is being installed or re- (5) The area of the mine with a belt
moved, shall be permitted only when air course must be developed with
evaluated and approved by the district three or more entries.
manager in the mine ventilation plan. (6) In areas of the mine developed
The mine operator must provide jus- after the effective date of this rule, un-
tification in the plan that the use of less approved by the district manager,
air from a belt entry would afford at no more than 50% of the total intake
least the same measure of protection air, delivered to the working section or
as where belt haulage entries are not to areas where mechanized mining
used to ventilate working places. In ad- equipment is being installed or re-
dition, the following requirements moved, can be supplied from the belt
must be met: air course. The locations for measuring
(1) The belt entry must be equipped these air quantities must be approved
with an AMS that is installed, oper- in the mine ventilation plan.
538
(7) The air velocity in the belt entry (5) The location(s) and use of a point-
must be at least 100 feet per minute. feed regulator(s) must be approved in
When requested by the mine operator, the mine ventilation plan and shown
the district manager may approve on the mine ventilation map; and
lower velocities in the ventilation plan (6) An AMS must be installed, oper-
based on specific mine conditions. ated, examined, and maintained as
(8) The air velocity in the belt entry specified in § 75.351.
must not exceed 1,000 feet per minute. [69 FR 17526, Apr. 2, 2004, as amended at 70
When requested by the mine operator, FR 37266, June 29, 2005; 71 FR 12269, Mar. 9,
the district manager may approve 2006; 73 FR 80612, Dec. 31, 2008; 79 FR 24987,
higher velocities in the ventilation May 1, 2014]
plan based on specific mine conditions.
§ 75.351 Atmospheric monitoring sys-
(c) Notwithstanding the provisions of tems.
§ 75.380(g), additional intake air may be
added to the belt air course through a (a) AMS operation. Whenever per-
point-feed regulator. The location and sonnel are underground and an AMS is
use of point feeds must be approved in used to fulfill the requirements of
the mine ventilation plan. §§ 75.323(d)(1)(ii), 75.340(a)(1)(ii),
(d) If the air through the point-feed 75.340(a)(2)(ii), 75.350(b), 75.350(d), or
regulator enters a belt air course which 75.362(f), the AMS must be operating
is used to ventilate a working section and a designated AMS operator must
or an area where mechanized mining be on duty at a location on the surface
equipment is being installed or re- of the mine where audible and visual
moved, the following conditions must signals from the AMS must be seen or
heard and the AMS operator can
be met:
promptly respond to these signals.
(1) The air current that will pass
(b) Designated surface location and
through the point-feed regulator must AMS operator. When an AMS is used to
be monitored for carbon monoxide or comply with §§ 75.323(d)(1)(ii),
smoke at a point within 50 feet upwind 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b),
of the point-feed regulator. A second 75.350(d), or 75.362(f), the following re-
point must be monitored 1,000 feet quirements apply:
upwind of the point-feed regulator un- (1) The mine operator must designate
less the mine operator requests that a a surface location at the mine where
lesser distance be approved by the dis- signals from the AMS will be received
trict manager in the mine ventilation and two-way voice communication is
plan based on mine specific conditions; maintained with each working section,
(2) The air in the belt air course must with areas where mechanized mining
be monitored for carbon monoxide or equipment is being installed or re-
smoke upwind of the point-feed regu- moved, and with other areas designated
lator. This sensor must be in the belt in the approved emergency evacuation
air course within 50 feet of the mixing and firefighting program of instruction
point where air flowing through the (§ 75.1502).
point-feed regulator mixes with the (2) The mine operator must designate
belt air; an AMS operator to monitor and
(3) The point-feed regulator must be promptly respond to all AMS signals.
provided with a means to close the reg- The AMS operator must have as a pri-
ulator from the intake air course with- mary duty the responsibility to mon-
out requiring a person to enter the itor the malfunction, alert and alarm
crosscut where the point-feed regulator signals of the AMS, and to notify ap-
is located. The point-feed regulator propriate personnel of these signals. In
must also be provided with a means to the event of an emergency, the sole re-
close the regulator from a location in sponsibility of the AMS operator shall
the belt air course immediately upwind be to respond to the emergency.
of the crosscut containing the point- (3) A map or schematic must be pro-
feed regulator; vided at the designated surface loca-
(4) A minimum air velocity of 300 feet tion that shows the locations and type
per minute must be maintained of AMS sensor at each location, and

through the point-feed regulator; the intended air flow direction at these
539
§ 75.351 30 CFR Ch. I (7–1–20 Edition)
locations. This map or schematic must struction (§ 75.1502) when the carbon
be updated within 24 hours of any monoxide, smoke, or methane con-
change in this information. centration at any sensor reaches the
(4) The names of the designated AMS alarm level as specified in § 75.351(i).
operators and other appropriate per- These signals must be seen or heard by
sonnel, including the designated person miners working at these locations.
responsible for initiating an emergency Methane alarms must be distinguish-
mine evacuation under § 75.1501, and able from other signals.
the method to contact these persons, (6) Identify at the designated surface
must be provided at the designated sur- location the operational status of all
face location. sensors.
(c) Minimum operating requirements. (7) Automatically provide visual and
AMSs used to comply with audible alarm signals at the designated
§§ 75.323(d)(1)(ii), 75.340(a)(1)(ii), surface location, at all affected work-
75.340(a)(2)(ii), 75.350(b), 75.350(d), or ing sections, and at all affected areas
75.362(f) must: where mechanized mining equipment is
(1) Automatically provide visual and being installed or removed when the
audible signals at the designated sur- carbon monoxide level at any two con-
face location for any interruption of secutive sensors alert at the same
circuit continuity and any electrical time. These signals must be seen or
malfunction of the system. These sig- heard by the AMS operator and miners
nals must be of sufficient magnitude to working at these locations.
be seen or heard by the AMS operator.
(d) Location and installation of AMS
(2) Automatically provide visual and
sensors. (1) All AMS sensors, as speci-
audible signals at the designated sur-
fied in §§ 75.351(e) through 75.351(h),
face location when the carbon mon-
must be located such that measure-
oxide concentration or methane con-
ments are representative of the mine
centration at any sensor reaches the
atmosphere in these locations.
alert level as specified in § 75.351(i).
These signals must be of sufficient (2) Carbon monoxide or smoke sen-
magnitude to be seen or heard by the sors must be installed near the center
AMS operator. in the upper third of the entry, in a lo-
(3) Automatically provide visual and cation that does not expose personnel
audible signals at the designated sur- working on the system to unsafe condi-
face location distinguishable from tions. Sensors must not be located in
alert signals when the carbon mon- abnormally high areas or in other loca-
oxide, smoke, or methane concentrations where air flow patterns do not
tion at any sensor reaches the alarm permit products of combustion to be
level as specified in § 75.351(i). These carried to the sensors.
signals must be of sufficient magnitude (3) Methane sensors must be installed
to be seen or heard by the AMS oper- near the center of the entry, at least 12
ator. inches from the roof, ribs, and floor, in
(4) Automatically provide visual and a location that would not expose per-
audible signals at all affected working sonnel working on the system to un-
sections and at all affected areas where safe conditions.
mechanized mining equipment is being (e) Location of sensors-belt air course.
installed or removed when the carbon (1) In addition to the requirements of
monoxide, smoke, or methane con- paragraph (d) of this section, any AMS
centration at any sensor reaches the used to monitor belt air courses under
alarm level as specified in § 75.351(i). § 75.350(b) must have approved sensors
These signals must be of sufficient to monitor for carbon monoxide at the
magnitude to be seen or heard by min- following locations:
ers working at these locations. Meth- (i) At or near the working section
ane signals must be distinguishable belt tailpiece in the air stream ven-
from other signals. tilating the belt entry. In longwall
(5) Automatically provide visual and mining systems the sensor must be lo-
audible signals at other locations as cated upwind in the belt entry at a dis-
specified in Mine Emergency Evacu- tance no greater than 150 feet from the
ation and Firefighting Program of In- mixing point where intake air is mixed
540
with the belt air at or near the tail- (iii) At intervals not to exceed 3,000
piece; feet along each belt entry.
(ii) No more than 50 feet upwind from (iv) This provision shall be effective
the point where the belt air course is one year after the Secretary has deter-
combined with another air course or mined that a smoke sensor is available
splits into multiple air courses; to reliably detect fire in underground
(iii) At intervals not to exceed 1,000 coal mines.
feet along each belt entry. However, in (f) Locations of sensors—the primary
areas along each belt entry where air escapeway. When used to monitor the
velocities are between 50 and 100 feet primary escapeway under § 75.350(b)(4),
per minute, spacing of sensors must carbon monoxide or smoke sensors
not exceed 500 feet. In areas along each must be located in the primary
belt entry where air velocities are less escapeway within 500 feet of the work-
than 50 feet per minute, the sensor ing section and areas where mecha-
spacing must not exceed 350 feet; nized mining equipment is being in-
(iv) Not more than 100 feet downwind stalled or removed. In addition, an-
of each belt drive unit, each tailpiece, other sensor must be located within 500
transfer point, and each belt take-up. If feet inby the beginning of the panel.
the belt drive, tailpiece, and/or take-up The point-feed sensor required by
for a single transfer point are installed § 75.350(d)(1) may be used as the sensor
together in the same air course, and at the beginning of the panel if it is lo-
the distance between the units is less cated within 500 feet inby the begin-
than 100 feet, they may be monitored ning of the panel.
with one sensor downwind of the last (g) Location of sensors—return air
component. If the distance between the splits. (1) If used to monitor return air
units exceeds 100 feet, additional sen- splits under § 75.362(f), a methane sen-
sors are required downwind of each belt sor must be installed in the return air
drive unit, each tailpiece, transfer split between the last working place,
point, and each belt take-up; and longwall or shortwall face ventilated
(v) At other locations in any entry by that air split, and the junction of
that is part of the belt air course as re- the return air split with another air
quired and specified in the mine ven- split, seal, or worked out area.
tilation plan. (2) If used to monitor a return air
(2) Smoke sensors must be installed split under § 75.323(d)(1)(ii), the meth-
to monitor the belt entry under ane sensors must be installed at the
§ 75.350(b) at the following locations: following locations:
(i) At or near the working section (i) In the return air course opposite
belt tailpiece in the air stream ven- the section loading point, or, if ex-
tilating the belt entry. In longwall hausting auxiliary fan(s) are used, in
mining systems the sensor must be lo- the return air course no closer than 300
cated upwind in the belt entry at a dis- feet downwind from the fan exhaust
tance no greater than 150 feet from the and at a point opposite or immediately
mixing point where intake air is mixed outby the section loading point; and
with the belt air at or near the tail- (ii) Immediately upwind from the lo-
piece; cation where the return air split meets
(ii) Not more than 100 feet downwind another air split or immediately
of each belt drive unit, each tailpiece upwind of the location where an air
transfer point, and each belt take-up. If split is used to ventilate seals or
the belt drive, tailpiece, and/or take-up worked-out areas.
for a single transfer point are installed (h) Location of sensors—electrical in-
together in the same air course, and stallations. When monitoring the intake
the distance between the units is less air ventilating underground trans-
than 100 feet, they may be monitored former stations, battery charging sta-
with one sensor downwind of the last tions, substations, rectifiers, or water
component. If the distance between the pumps under § 75.340(a)(1)(ii) or
units exceeds 100 feet, additional sen- § 75.340(a)(2)(ii), at least one sensor
sors are required downwind of each belt must be installed to monitor the mine
drive unit, each tailpiece, transfer atmosphere for carbon monoxide or

point, and each belt take-up; and smoke, located downwind and not
541
§ 75.351 30 CFR Ch. I (7–1–20 Edition)
greater than 50 feet from the electrical techniques or methods which eliminate
installation being monitored. or reduce the need for time delays,
(i) Establishing alert and alarm levels. must be specified and approved in the
An AMS installed in accordance with mine ventilation plan.
the following paragraphs must initiate (n) Examination, testing, and calibra-
alert and alarm signals at the specified tion. (1) At least once each shift when
levels, as indicated: belts are operated as part of a produc-
(1) For § 75.323(d)(1)(ii) alarm at 1.5% tion shift, sensors used to detect car-
methane. bon monoxide or smoke in accordance
(2) For §§ 75.340(a)(1)(ii), with §§ 75.350(b), and 75.350(d), and
75.340(a)(2)(ii), 75.350(b), and 75.350(d), alarms installed in accordance with
alert at 5 ppm carbon monoxide above § 75.350(b) must be visually examined.
the ambient level and alarm at 10 ppm (2) At least once every seven days,
carbon monoxide above the ambient alarms for AMS installed in accordance
level when carbon monoxide sensors with §§ 75.350(b), and 75.350(d) must be
are used; and alarm at a smoke optical functionally tested for proper oper-
density of 0.022 per meter when smoke ation.
sensors are used. Reduced alert and (3) At intervals not to exceed 31
alarm settings approved by the district days—
manager may be required for carbon (i) Each carbon monoxide sensor in-
monoxide sensors identified in the stalled in accordance with
mine ventilation plan, § 75.371(nn). §§ 75.340(a)(1)(ii), 75.340(a)(2)(ii),
(3) For § 75.362(f), alert at 1.0% meth- 75.350(b), or 75.350(d) must be calibrated
ane and alarm at 1.5% methane. in accordance with the manufacturer’s
(j) Establishing carbon monoxide ambi- calibration specifications. Calibration
ent levels. Carbon monoxide ambient must be done with a known concentra-
levels and the means to determine tion of carbon monoxide in air suffi-
these levels must be approved in the cient to activate the alarm;
mine ventilation plan (§ 75.371(hh)) for (ii) Each smoke sensor installed in
monitors installed in accordance with accordance with §§ 75.340(a)(1)(ii),
§§ 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.340(a)(2)(ii), 75.350(b), or 75.350(d)
75.350(b), and 75.350(d). must be functionally tested in accord-
(k) Installation and maintenance. An ance with the manufacturer’s calibra-
AMS installed in accordance with tion specifications;
§§ 75.323(d)(1)(ii), 75.340(a)(1)(ii), (iii) Each methane sensor installed in
75.340(a)(2)(ii), 75.350(b), 75.350(d), or accordance with §§ 75.323(d)(1)(ii) or
75.362(f) must be installed and main- 75.362(f) must be calibrated in accord-
tained by personnel trained in the in- ance with the manufacturer’s calibra-
stallation and maintenance of the sys- tion specifications. Calibration must
tem. The system must be maintained be done with a known concentration of
in proper operating condition. methane in air sufficient to activate an
(l) Sensors. Sensors used to monitor alarm.
for carbon monoxide, methane, and (iv) If the alert or alarm signals will
smoke must be either of a type listed be activated during calibration of sen-
and installed in accordance with the sors, the AMS operator must be noti-
recommendations of a nationally rec- fied prior to and upon completion of
ognized testing laboratory approved by calibration. The AMS operator must
the Secretary; or these sensors must be notify miners on affected working sec-
of a type, and installed in a manner, tions, areas where mechanized mining
approved by the Secretary. equipment is being installed or re-
(m) Time delays. When a dem- moved, or other areas designated in the
onstrated need exists, time delays may approved emergency evacuation and
be incorporated into the AMS. These firefighting program of instruction
time delays must only be used to ac- (§ 75.1502) when calibration will acti-
count for non-fire related carbon mon- vate alarms and when calibration is
oxide alert and alarm sensor signals. completed.
These time delays are limited to no (4) Gases used for the testing and
more than three minutes. The use and calibration of AMS sensors must be
length of any time delays, or other traceable to the National Institute of
542
Standards and Technology reference (iii) The mine emergency evacuation

standard for the specific gas. When and firefighting program of instruc-
these reference standards are not avail- tion;
able for a specific gas, calibration (iv) The mine ventilation system in-
gases must be traceable to an analyt- cluding planned air directions;
ical standard which is prepared using a (v) Appropriate response to alert,
method traceable to the National Insti- alarm and malfunction signals;
tute of Standards and Technology. (vi) Use of mine communication sys-
Calibration gases must be within ±2.0 tems including emergency notification
percent of the indicated gas concentra- procedures; and
tion. (vii) AMS recordkeeping require-
(o) Recordkeeping. (1) When an AMS is ments.
used to comply with §§ 75.323(d)(1)(ii), (2) At least once every six months,
75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), all AMS operators must travel to all
75.350(d), or 75.362(f), individuals des- working sections.
ignated by the operator must make the (3) A record of the content of train-
following records by the end of the ing, the person conducting the train-
shift in which the following event(s) ing, and the date the training was con-
occur: ducted, must be maintained at the
(i) If an alert or alarm signal occurs, mine for at least one year by the mine
a record of the date, time, location and operator.
type of sensor, and the cause for the (r) Communications. When an AMS is
activation. used to comply with § 75.350(b), a two-
(ii) If an AMS malfunctions, a record way voice communication system re-
of the date, the extent and cause of the quired by § 75.1600 must be installed in
malfunction, and the corrective action an entry that is separate from the
taken to return the system to proper entry in which the AMS is installed no
operation. later than August 2, 2004. The two-way
(iii) A record of the seven-day tests of voice communication system may be
alert and alarm signals; calibrations; installed in the entry where the intake
and maintenance of the AMS must be sensors required by §§ 75.350(b)(4) or
made by the person(s) performing these 75.350(d)(1) are installed.
actions. [69 FR 17527, Apr. 2, 2004, as amended at 73
(2) The person entering the record FR 80612, Dec. 31, 2008]
must include their name, date, and sig-
nature in the record. § 75.352 Actions in response to AMS
(3) The records required by this sec- malfunction, alert, or alarm signals.
tion must be kept either in a secure (a) When a malfunction, alert, or
book that is not susceptible to alter- alarm signal is received at the des-
ation, or electronically in a computer ignated surface location, the sensor(s)
system that is secure and not suscep- that are activated must be identified
tible to alteration. These records must and the AMS operator must promptly
be maintained separately from other notify appropriate personnel.
records and identifiable by a title, such (b) Upon notification of a malfunc-
as the ‘AMS log.’ tion, alert, or alarm signal, appropriate
(p) Retention period. Records must be personnel must promptly initiate an
retained for at least one year at a sur- investigation to determine the cause of
face location at the mine and made the signal and take the required ac-
available for inspection by miners and tions set forth in paragraphs (c), (d), or
authorized representatives of the Sec- (e) of this section.
retary. (c) If any sensor installed in accord-
(q) Training. (1) All AMS operators ance with §§ 75.340(a)(1)(ii),
must be trained annually in the proper 75.340(a)(2)(ii), 75.350(b), or 75.350(d) in-
operation of the AMS. This training dicates an alarm or if any two consecu-
must include the following subjects: tive sensors indicate alert at the same
(i) Familiarity with underground time, the following procedures must be
mining systems; followed unless the cause of the sig-
(ii) Basic atmospheric monitoring nal(s) is known not to be a hazard to

system requirements; miners:
543
§ 75.360 30 CFR Ch. I (7–1–20 Edition)
(1) Appropriate personnel must notify diately to the AMS operator any con-
miners in affected working sections, in centration of the contaminant that
affected areas where mechanized min- reaches either the alert or alarm level
ing equipment is being installed or re- specified in § 75.351(i), or the alternate
moved, and at other locations specified alert and alarm levels specified in
in the § 75.1502 approved mine emer- paragraph (e)(7) of this section, unless
gency evacuation and firefighting pro- the source of the contaminant is
gram of instruction; and known not to present a hazard.
(2) All personnel in the affected (6) Detectors used to monitor under
areas, unless assigned other duties this section must have a level of de-
under § 75.1502, must be withdrawn tectability equal to that required of
promptly to a safe location identified the sensors in § 75.351(l).
in the mine emergency evacuation and (7) For those AMSs using sensors
firefighting program of instruction. other than carbon monoxide sensors,
(d) If there is an alert or alarm signal an alternate detector and the alert and
from a methane sensor installed in ac- alarm levels associated with that de-
cordance with §§ 75.323(d)(1)(ii) and tector must be specified in the ap-
75.362(f), an investigation must be initi- proved mine ventilation plan.
ated to determine the cause of the sig- (f) If the minimum air velocity is not
nal, and the actions required under maintained when required under
§ 75.323 must be taken. § 75.350(b)(7), immediate action must be
(e) If any fire detection components taken to return the ventilation system
of the AMS malfunction or are inoper- to proper operation. While the ventila-
ative, immediate action must be taken tion system is being corrected, oper-
to return the system to proper operation of the belt may continue only
ation. While the AMS component re- while a trained person(s) patrols and
pairs are being made, operation of the continuously monitors for carbon mon-
belt may continue if the following con- oxide or smoke as set forth in
ditions are met: §§ 75.352(e)(3) through (7), so that the af-
(1) If one AMS sensor malfunctions or fected areas will be traveled each hour
becomes inoperative, a trained person in their entirety.
must continuously monitor for carbon (g) The AMS shall automatically pro-
monoxide or smoke at the inoperative vide both a visual and audible signal in
sensor. the belt entry at the point-feed regu-
(2) If two or more adjacent AMS sen- lator location, at affected sections, and
sors malfunction or become inoper- at the designated surface location
ative, a trained person(s) must patrol when carbon monoxide concentrations
and continuously monitor for carbon reach:
monoxide or smoke so that the affected (1) The alert level at both point-feed
areas will be traveled each hour in intake monitoring sensors; or
their entirety, or a trained person
(2) The alarm level at either point-
must be stationed to monitor at each
feed intake monitoring sensor.
inoperative sensor.
(3) If the complete AMS malfunctions [69 FR 17529, Apr. 2, 2004, as amended at 73
or becomes inoperative, trained per- FR 80613, Dec. 31, 2008]
sons must patrol and continuously
monitor for carbon monoxide or smoke § 75.360 Preshift examination at fixed
so that the affected areas will be trav- intervals.
eled each hour in their entirety. (a)(1) Except as provided in para-
(4) The trained person(s) monitoring graph (a)(2) of this section, a certified
under this section must, at a min- person designated by the operator must
imum, have two-way voice communica- make a preshift examination within 3
tion capabilities with the AMS oper- hours preceding the beginning of any 8-
ator at intervals not to exceed 2,000 hour interval during which any person
feet and report contaminant levels to is scheduled to work or travel under-
the AMS operator at intervals not to ground. No person other than certified
exceed 60 minutes. examiners may enter or remain in any
(5) The trained person(s) monitoring underground area unless a preshift ex-
under this section must report imme- amination has been completed for the
544
established 8-hour interval. The oper- areas if the intake air passing the ap-
ator must establish 8-hour intervals of proaches is used to ventilate working
time subject to the required preshift sections where anyone is scheduled to
examinations. work during the oncoming shift. The
(2) Preshift examinations of areas examination of the approaches to the
where pumpers are scheduled to work worked-out areas shall be made in the
or travel shall not be required prior to intake air course immediately inby
the pumper entering the areas if the and outby each entry used to carry air
pumper is a certified person and the into the worked-out area. An examina-
pumper conducts an examination for tion of the entries used to carry air
hazardous conditions and violations of into the worked-out areas shall be con-
the mandatory health or safety stand- ducted at a point immediately inby the
ards referenced in paragraph (b)(11) of intersection of each entry with the in-
this section, tests for methane and ox- take air course.
ygen deficiency, and determines if the
(5) Seals along intake air courses
air is moving in its proper direction in
where intake air passes by a seal to
the area where the pumper works or
travels. The examination of the area ventilate working sections where any-
must be completed before the pumper one is scheduled to work during the on-
performs any other work. A record of coming shift.
all hazardous conditions and violations (6)(i) Entries and rooms developed
of the mandatory health or safety after November 15, 1992, and developed
standards found by the pumper shall be more than 2 crosscuts off an intake air
made and retained in accordance with course without permanent ventilation
§ 75.363 of this part. controls where intake air passes
(b) The person conducting the through or by these entries or rooms to
preshift examination shall examine for reach a working section where anyone
hazardous conditions and violations of is scheduled to work during the oncom-
the mandatory health or safety standing shift; and,
ards referenced in paragraph (b)(11) of (ii) Entries and rooms developed
this section, test for methane and oxy- after November 15, 1992, and driven
gen deficiency, and determine if the air more than 20 feet off an intake air
is moving in its proper direction at the course without a crosscut and without
following locations: permanent ventilation controls where
(1) Roadways, travelways and track intake air passes through or by these
haulageways where persons are sched- entries or rooms to reach a working
uled, prior to the beginning of the section where anyone is scheduled to
preshift examination, to work or travel work during the oncoming shift.
during the oncoming shift. (7) Areas where trolley wires or trol-
(2) Belt conveyors that will be used ley feeder wires are to be or will re-
to transport persons during the oncom- main energized during the oncoming
ing shift and the entries in which these shift.
belt conveyors are located.
(8) High spots along intake air
(3) Working sections and areas where
courses where methane is likely to ac-
mechanized mining equipment is being
installed or removed, if anyone is cumulate, if equipment will be oper-
scheduled to work on the section or in ated in the area during the shift.
the area during the oncoming shift. (9) Underground electrical installa-
The scope of the examination shall in- tions referred to in § 75.340(a), except
clude the working places, approaches those pumps listed in § 75.340 (b)(2)
to worked-out areas and ventilation through (b)(6), and areas where com-
controls on these sections and in these pressors subject to § 75.344 are installed
areas, and the examination shall in- if the electrical installation or com-
clude tests of the roof, face and rib con- pressor is or will be energized during
ditions on these sections and in these the shift.
areas. (10) Other areas where work or travel
(4) Approaches to worked-out areas during the oncoming shift is scheduled
along intake air courses and at the en- prior to the beginning of the preshift
tries used to carry air into worked-out examination.
545
§ 75.360 30 CFR Ch. I (7–1–20 Edition)
(11) Preshift examinations shall in- (e) The district manager may require
clude examinations to identify viola- the operator to examine other areas of
tions of the standards listed below: the mine or examine for other hazards
(i) §§ 75.202(a) and 75.220(a)(1)—roof and violations of other mandatory
control; health or safety standards found during
(ii) §§ 75.333(h) and 75.370(a)(1)—ven- the preshift examination.
tilation, methane; (f) Certification. At each working
(iii) §§ 75.400 and 75.403—accumula- place examined, the person doing the
tions of combustible materials and ap- preshift examination shall certify by
plication of rock dust; initials, date, and the time, that the
(iv) § 75.1403—other safeguards, lim- examination was made. In areas re-
ited to maintenance of travelways quired to be examined outby a working
along belt conveyors, off track haulage section, the certified person shall cer-
roadways, and track haulage, track tify by initials, date, and the time at
switches, and other components for enough locations to show that the en-
haulage; tire area has been examined.
(v) § 75.1722(a)—guarding moving ma- (g) Recordkeeping. A record of the re-
chine parts; and sults of each preshift examination, in-
(vi) § 75.1731(a)—maintenance of belt cluding a record of hazardous condi-
conveyor components. tions and violations of the nine manda-
(c) The person conducting the tory health or safety standards and
preshift examination shall determine their locations found by the examiner
the volume of air entering each of the during each examination, and of the re-
following areas if anyone is scheduled sults and locations of air and methane
to work in the areas during the oncom- measurements, shall be made on the
ing shift: surface before any persons, other than
(1) In the last open crosscut of each certified persons conducting examina-
set of entries or rooms on each working tions required by this subpart, enter
section and areas where mechanized any underground area of the mine. The
mining equipment is being installed or results of methane tests shall be re-
removed. The last open crosscut is the corded as the percentage of methane
crosscut in the line of pillars con- measured by the examiner. The record
taining the permanent stoppings that shall be made by the certified person
separate the intake air courses and the who made the examination or by a per-
return air courses. son designated by the operator. If the
(2) On each longwall or shortwall in record is made by someone other than
the intake entry or entries at the in- the examiner, the examiner shall
take end of the longwall or shortwall verify the record by initials and date
face immediately outby the face and by or at the end of the shift for which
the velocity of air at each end of the the examination was made. A record
face at the locations specified in the shall also be made by a certified person
approved ventilation plan. of the action taken to correct haz-
(3) At the intake end of any pillar ardous conditions and violations of
line— mandatory health or safety standards
(i) If a single split of air is used, in found during the preshift examination.
the intake entry furthest from the re- All preshift and corrective action
turn air course, immediately outby the records shall be countersigned by the
first open crosscut outby the line of mine foreman or equivalent mine offi-
pillars being mined; or cial by the end of the mine foreman’s
(ii) If a split system is used, in the in- or equivalent mine official’s next regu-
take entries of each split immediately larly scheduled working shift. The
inby the split point. records required by this section shall
(d) The person conducting the be made in a secure book that is not
preshift examination shall check the susceptible to alteration or electroni-
refuge alternative for damage, the in- cally in a computer system so as to be
tegrity of the tamper-evident seal and secure and not susceptible to alter-
the mechanisms required to deploy the ation.
refuge alternative, and the ready avail- (h) Retention period. Records shall be
ability of compressed oxygen and air. retained at a surface location at the
546
mine for at least 1 year and shall be § 75.362 On-shift examination.

made available for inspection by au-
(a)(1) At least once during each shift,
thorized representatives of the Sec-
or more often if necessary for safety, a
retary and the representative of min-
certified person designated by the oper-
ers.
ator shall conduct an on-shift examina-
[61 FR 9829, Mar. 11, 1996, as amended at 61 tion of each section where anyone is
FR 55527, Oct. 25, 1996; 62 FR 35085, June 30, assigned to work during the shift and
1997; 64 FR 45170, Aug. 19, 1999; 73 FR 80697, any area where mechanized mining
Dec. 31, 2008; 77 FR 20714, Apr. 6, 2012] equipment is being installed or re-
moved during the shift. The certified
§ 75.361 Supplemental examination.
person shall check for hazardous condi-
(a)(1) Except for certified persons tions and violations of the mandatory
conducting examinations required by health or safety standards referenced
this subpart, within 3 hours before any- in paragraph (a)(3) of this section, test
one enters an area in which a preshift for methane and oxygen deficiency, and
examination has not been made for determine if the air is moving in its
that shift, a certified person shall ex- proper direction.
amine the area for hazardous condi- (2) A person designated by the oper-
tions and violations of the mandatory ator shall conduct an examination and
health or safety standards referenced record the results and the corrective
in paragraph (a)(2) of this section, de- actions taken to assure compliance
termine whether the air is traveling in with the respirable dust control param-
its proper direction and at its normal eters specified in the approved mine
volume, and test for methane and oxy- ventilation plan. In those instances
gen deficiency. when a shift change is accomplished
(2) Supplemental examinations shall without an interruption in production
include examinations to identify viola- on a section, the examination shall be
tions of the standards listed below: made anytime within 1 hour after the
(i) §§ 75.202(a) and 75.220(a)(1)—roof shift change. In those instances when
control; there is an interruption in production
(ii) §§ 75.333(h) and 75.370(a)(1)—ven- during the shift change, the examina-
tilation, methane; tion shall be made before production
(iii) §§ 75.400 and 75.403—accumula- begins on a section. Deficiencies in
tions of combustible materials and ap- dust controls shall be corrected before
plication of rock dust; production begins or resumes. The ex-
amination shall include: Air quantities
(iv) § 75.1403—other safeguards, lim-
and velocities; water pressures and
ited to maintenance of travelways
flow rates; excessive leakage in the
along belt conveyors, off track haulage
water delivery system; water spray
roadways, and track haulage, track
numbers and orientations; section ven-
switches, and other components for
tilation and control device placement;
haulage;
roof bolting machine dust collector
(v) § 75.1722(a)—guarding moving ma- vacuum levels; scrubber air flow rate;
chine parts; and work practices required by the ventila-
(vi) § 75.1731(a)—maintenance of belt tion plan; and any other dust suppres-
conveyor components. sion measures. Measurements of the air
(b) Certification. At each working velocity and quantity, water pressure
place examined, the person making the and flow rates are not required if con-
supplemental examination shall certify tinuous monitoring of these controls is
by initials, date, and the time, that the used and indicates that the dust con-
examination was made. In areas re- trols are functioning properly.
quired to be examined outby a working (3) On-shift examinations shall in-
section, the certified person shall cer- clude examinations to identify viola-
tify by initials, date, and the time at tions of the standards listed below:
enough locations to show that the en- (i) §§ 75.202(a) and 75.220(a)(1)—roof
tire area has been examined. control;
[61 FR 9829, Mar. 11, 1996, as amended at 77 (ii) §§ 75.333(h) and 75.370(a)(1)—ven-
FR 20714, 2012] tilation, methane;
547
§ 75.362 30 CFR Ch. I (7–1–20 Edition)
(iii) §§ 75.400 and 75.403—accumula- (d) (1) A qualified person shall make
tions of combustible materials and ap- tests for methane—
plication of rock dust; (i) At the start of each shift at each
(iv) § 75.1403—other safeguards, lim- working place before electrically oper-
ited to maintenance of travelways ated equipment is energized; and
along belt conveyors, off track haulage (ii) Immediately before equipment is
roadways, and track haulage, track energized, taken into, or operated in a
switches, and other components for working place; and
haulage; (iii) At 20-minute intervals, or more
(v) § 75.1722(a)—guarding moving ma- often if required in the approved ven-
chine parts; and tilation plan at specific locations, dur-
(vi) § 75.1731(a)—maintenance of belt ing the operation of equipment in the
conveyor components. working place.
(b) During each shift that coal is pro- (2) Except as provided for in para-
duced, a certified person shall examine graph (d)(3) of this section, these meth-
for hazardous conditions and violations ane tests shall be made at the face
of the mandatory health or safety from under permanent roof support,
standards referenced in paragraph using extendable probes or other ac-
(a)(3) of this section along each belt ceptable means. When longwall or
conveyor haulageway where a belt con- shortwall mining systems are used,
veyor is operated. This examination these methane tests shall be made at
may be conducted at the same time as the shearer, the plow, or the cutting
the preshift examination of belt con- head. When mining has been stopped
veyors and belt conveyor haulageways, for more than 20 minutes, methane
if the examination is conducted within tests shall be conducted prior to the
3 hours before the oncoming shift. start up of equipment.
(3) As an alternative method of com-
(c) Persons conducting the on-shift
pliance with paragraph (d)(2) of this
examination shall determine at the fol-
section during roof bolting, methane
lowing locations:
tests may be made by sweeping an area
(1) The volume of air in the last open not less than 16 feet inby the last area
crosscut of each set of entries or rooms of permanently supported roof, using a
on each section and areas where probe or other acceptable means. This
mechanized mining equipment is being method of testing is conditioned on
installed or removed. The last open meeting the following requirements:
crosscut is the crosscut in the line of (i) The roof bolting machine must be
pillars containing the permanent equipped with an integral automated
stoppings that separate the intake air temporary roof support (ATRS) system
courses and the return air courses. that meets the requirements of 30 CFR
(2) The volume of air on a longwall or 75.209.
shortwall, including areas where (ii) The roof bolting machine must
longwall or shortwall equipment is have a permanently mounted, MSHA-
being installed or removed, in the in- approved methane monitor which
take entry or entries at the intake end meets the maintenance and calibration
of the longwall or shortwall. requirements of 30 CFR 75.342(a)(4), the
(3) The velocity of air at each end of warning signal requirements of 30 CFR
the longwall or shortwall face at the 75.342(b), and the automatic de-
locations specified in the approved ven- energization requirements of 30 CFR
tilation plan. 75.342(c).
(4) The volume of air at the intake (iii) The methane monitor sensor
end of any pillar line— must be mounted near the inby end and
(i) Where a single split of air is used within 18 inches of the longitudinal
in the intake entry furthest from the center of the ATRS support, and posi-
return air course immediately outby tioned at least 12 inches from the roof
the first open crosscut outby the line when the ATRS is fully deployed.
of pillars being mined; or (iv) Manual methane tests must be
(ii) Where a split system is used in made at intervals not exceeding 20
the intake entries of each split imme- minutes. The test may be made either
diately inby the split point. from under permanent roof support or
548
from the roof bolter’s work position than the end of the shift for which the
protected by the deployed ATRS. examination was made.
(v) Once a methane test is made at (3) The mine foreman or equivalent
the face, all subsequent methane tests mine official shall countersign each ex-
in the same area of unsupported roof amination record required under (a)(2)
must also be made at the face, from of this section after it is verified by the
under permanent roof support, using certified person under (g)(2)(ii) of this
extendable probes or other acceptable section, and no later than the end of
means at intervals not exceeding 20 the mine foreman’s or equivalent mine
minutes. official’s next regularly scheduled
(vi) The district manager may re- working shift. The record shall be
quire that the ventilation plan include made in a secure book that is not sus-
the minimum air quantity and the po- ceptible to alteration or electronically
sition and placement of ventilation in a computer system so as to be secure
controls to be maintained during roof and not susceptible to alteration.
bolting. (4) Records shall be retained at a sur-
(e) If auxiliary fans and tubing are face location at the mine for at least 1
used, they shall be inspected fre- year and shall be made available for in-
quently. spection by authorized representatives
of the Secretary and the representative
(f) During each shift that coal is pro-
of miners.
duced and at intervals not exceeding 4
hours, tests for methane shall be made [61 FR 9829, Mar. 11, 1996; 61 FR 26442, May 28,
by a certified person or by an atmos- 1996, as amended at 68 FR 40138, July 7, 2003;
pheric monitoring system (AMS) in 77 FR 20715, Apr. 6, 2012; 79 FR 24987, May 1,
2014]
each return split of air from each
working section between the last work- § 75.363 Hazardous conditions and vio-
ing place, or longwall or shortwall face, lations of mandatory health or safe-
ventilated by that split of air and the ty standards; posting, correcting,
junction of the return air split with an- and recording.
other air split, seal, or worked-out (a) Any hazardous condition found by
area. If auxiliary fans and tubing are the mine foreman or equivalent mine
used, the tests shall be made at a loca- official, assistant mine foreman or
tion outby the auxiliary fan discharge. equivalent mine official, or other cer-
(g) Certification. (1) The person con- tified persons designated by the oper-
ducting the on-shift examination in ator for the purposes of conducting ex-
belt haulage entries shall certify by aminations under this subpart D, shall
initials, date, and time that the exam- be posted with a conspicuous danger
ination was made. The certified person sign where anyone entering the areas
shall certify by initials, date, and the would pass. A hazardous condition
time at enough locations to show that shall be corrected immediately or the
the entire area has been examined. area shall remain posted until the haz-
(2) The certified person directing the ardous condition is corrected. If the
on-shift examination to assure compli- condition creates an imminent danger,
ance with the respirable dust control everyone except those persons referred
parameters specified in the approved to in section 104(c) of the Act shall be
mine ventilation plan shall: withdrawn from the area affected to a
(i) Certify by initials, date, and time safe area until the hazardous condition
on a board maintained at the section is corrected. Only persons designated
load-out or similar location showing by the operator to correct or evaluate
that the examination was made prior the hazardous condition may enter the
to resuming production; and posted area. Any violation of a manda-
(ii) Verify, by initials and date, the tory health or safety standard found
record of the results of the examina- during a preshift, supplemental, on-
tion required under (a)(2) of this sec- shift, or weekly examination shall be
tion to assure compliance with the res- corrected.
pirable dust control parameters speci- (b) A record shall be made of any haz-
fied in the mine ventilation plan. The ardous condition and any violation of
verification shall be made no later the nine mandatory health or safety
549
§ 75.364 30 CFR Ch. I (7–1–20 Edition)
standards found by the mine examiner. the area. The locations of measure-
This record shall be kept in a book ment points where tests and measure-
maintained for this purpose on the sur- ments will be performed shall be in-
face at the mine. The record shall be cluded in the mine ventilation plan and
made by the completion of the shift on shall be adequate in number and loca-
which the hazardous condition or violation to assure ventilation and air qual-
tion of the nine mandatory health or ity in the area. Air quantity measure-
safety standards is found and shall in- ments shall also be made where the air
clude the nature and location of the enters and leaves the worked-out area.
hazardous condition or violation and An alternative method of evaluating
the corrective action taken. This the ventilation of the area may be ap-
record shall not be required for shifts proved in the ventilation plan.
when no hazardous conditions or viola- (2) At least every 7 days, a certified
tions of the nine mandatory health or person shall evaluate the effectiveness
safety standards are found. of bleeder systems required by § 75.334
(c) The record shall be made by the as follows:
certified person who conducted the ex-
(i) Measurements of methane and ox-
amination or a person designated by
ygen concentrations and air quantity
the operator. If made by a person other
than the certified person, the certified and a test to determine if the air is
person shall verify the record by ini- moving in its proper direction shall be
tials and date by or at the end of the made where air enters the worked-out
shift for which the examination was area.
made. Records shall be countersigned (ii) Measurements of methane and
by the mine foreman or equivalent oxygen concentrations and air quan-
mine official by the end of the mine tity and a test to determine if the air
foreman’s or equivalent mine official’s is moving in the proper direction shall
next regularly scheduled working shift. be made immediately before the air en-
The record shall be made in a secure ters a return split of air.
book that is not susceptible to alter- (iii) At least one entry of each set of
ation or electronically in a computer bleeder entries used as part of a bleeder
system so as to be secure and not sus- system under § 75.334 shall be traveled
ceptible to alteration. in its entirety. Measurements of meth-
(d) Retention period. Records shall be ane and oxygen concentrations and air
retained at a surface location at the quantities and a test to determine if
mine for at least 1 year and shall be the air is moving in the proper direc-
made available for inspection by au- tion shall be made at the measurement
thorized representatives of the Sec- point locations specified in the mine
retary and the representative of min- ventilation plan to determine the effec-
ers. tiveness of the bleeder system.
(e) Review of citations and orders. The (iv) In lieu of the requirements of
mine operator shall review with mine paragraphs (a)(2)(i) and (iii) of this sec-
examiners on a quarterly basis citation, an alternative method of evalua-
tions and orders issued in areas where tion may be specified in the ventilation
preshift, supplemental, on-shift, and plan provided the alternative method
weekly examinations are required. results in proper evaluation of the ef-
[61 FR 9829, Mar. 11, 1996; 61 FR 26442, May 28, fectiveness of the bleeder system.
1996; 77 FR 20715, Apr. 6, 2012] (b) Hazardous conditions and violations
of mandatory health or safety standards.
§ 75.364 Weekly examination. At least every 7 days, an examination
(a) Worked-out areas. (1) At least for hazardous conditions and violations
every 7 days, a certified person shall of the mandatory health or safety
examine unsealed worked-out areas standards referenced in paragraph
where no pillars have been recovered (b)(8) of this section shall be made by a
by traveling to the area of deepest pen- certified person designated by the oper-
etration; measuring methane and oxy- ator at the following locations:
gen concentrations and air quantities (1) In at least one entry of each in-
and making tests to determine if the take air course, in its entirety, so that
air is moving in the proper direction in the entire air course is traveled.
550
(2) In at least one entry of each re- mandatory health or safety standards
turn air course, in its entirety, so that found during a weekly examination
the entire air course is traveled. shall be corrected.
(3) In each longwall or shortwall (e) The weekly examination may be
travelway in its entirety, so that the conducted at the same time as the
entire travelway is traveled. preshift or on-shift examinations.
(4) At each seal along return and (f) (1) The weekly examination is not
bleeder air courses and at each seal required during any 7 day period in
along intake air courses not examined which no one enters any underground
under § 75.360(b)(5). area of the mine.
(5) In each escapeway so that the en- (2) Except for certified persons re-
tire escapeway is traveled. quired to make examinations, no one
(6) On each working section not ex- shall enter any underground area of
amined under § 75.360(b)(3) during the the mine if a weekly examination has
previous 7 days. not been completed within the previous
(7) At each water pump not examined 7 days.
during a preshift examination con-
(g) Certification. The person making
ducted during the previous 7 days.
the weekly examinations shall certify
(8) Weekly examinations shall in-
by initials, date, and the time that the
clude examinations to identify viola-
examination was made. Certifications
tions of the standards listed below:
and times shall appear at enough loca-
(i) §§ 75.202(a) and 75.220(a)(1)—roof
tions to show that the entire area has
control;
been examined.
(ii) §§ 75.333(h) and 75.370(a)(1)—ven-
tilation, methane; (h) Recordkeeping. At the completion
(iii) §§ 75.400 and 75.403—accumula- of any shift during which a portion of a
tions of combustible materials and ap- weekly examination is conducted, a
plication of rock dust; and record of the results of each weekly ex-
(iv) § 75.1403—maintenance of off amination, including a record of haz-
track haulage roadways, and track ardous conditions and violations of the
haulage, track switches, and other nine mandatory health or safety stand-
components for haulage; ards found during each examination
(v) § 75.1722(a)—guarding moving ma- and their locations, the corrective ac-
chine parts; and tion taken, and the results and loca-
(vi) § 75.1731(a)—maintenance of belt tion of air and methane measurements,
conveyor components. shall be made. The results of methane
(c) Measurements and tests. At least tests shall be recorded as the percent-
every 7 days, a certified person shall— age of methane measured by the exam-
(1) Determine the volume of air en- iner. The record shall be made by the
tering the main intakes and in each in- person making the examination or a
take split; person designated by the operator. If
(2) Determine the volume of air and made by a person other than the exam-
test for methane in the last open cross- iner, the examiner shall verify the
cut in any pair or set of developing en- record by initials and date by or at the
tries or rooms, in the return of each end of the shift for which the examina-
split of air immediately before it en- tion was made. The record shall be
ters the main returns, and where the countersigned by the mine foreman or
air leaves the main returns; and equivalent mine official by the end of
(3) Test for methane in the return the mine foreman’s or equivalent mine
entry nearest each set of seals imme- official’s next regularly scheduled
diately after the air passes the seals. working shift. The records required by
(d) Hazardous conditions shall be cor- this section shall be made in a secure
rected immediately. If the condition book that is not susceptible to alter-
creates an imminent danger, everyone ation or electronically in a computer
except those persons referred to in sec- system so as to be secure and not sus-
tion 104(c) of the Act shall be with- ceptible to alteration.
drawn from the area affected to a safe (i) Retention period. Records shall be
area until the hazardous condition is retained at a surface location at the

corrected. Any violation of the nine mine for at least 1 year and shall be
551
§ 75.370 30 CFR Ch. I (7–1–20 Edition)
made available for inspection by au- the time of submittal. The proposed
thorized representatives of the Sec- plan or proposed revision shall remain
retary and the representative of min- posted until it is approved, withdrawn
ers. or denied.
[61 FR 9829, Mar. 11, 1996, as amended at 77 (b) Following receipt of the proposed
FR 20715, Apr. 6, 2012] plan or proposed revision, the rep-
resentative of miners may submit
§ 75.370 Mine ventilation plan; submis- timely comments to the district man-
sion and approval. ager, in writing, for consideration dur-
(a)(1) The operator shall develop and ing the review process. A copy of these
follow a ventilation plan approved by comments shall also be provided to the
the district manager. The plan shall be operator by the district manager upon
designed to control methane and res- request.
pirable dust and shall be suitable to (c) (1) The district manager will no-
the conditions and mining system at tify the operator in writing of the ap-
the mine. The ventilation plan shall proval or denial of approval of a pro-
consist of two parts, the plan content posed ventilation plan or proposed re-
as prescribed in § 75.371 and the ventila- vision. A copy of this notification will
tion map with information as pre- be sent to the representative of miners
scribed in § 75.372. Only that portion of by the district manager.
the map which contains information (2) If the district manager denies ap-
required under § 75.371 will be subject to proval of a proposed plan or revision,
approval by the district manager. the deficiencies of the plan or revision
(2) The proposed ventilation plan and shall be specified in writing and the op-
any revision to the plan shall be sub- erator will be provided an opportunity
mitted in writing to the district man- to discuss the deficiencies with the dis-
ager. When revisions to a ventilation trict manager.
plan are proposed, only the revised (d) No proposed ventilation plan shall
pages, maps, or sketches of the plan be implemented before it is approved
need to be submitted. When required in by the district manager. Any inten-
writing by the district manager, the tional change to the ventilation sys-
operator shall submit a fully revised tem that alters the main air current or
plan by consolidating the plan and all any split of the main air current in a
revisions in an orderly manner and by manner that could materially affect
deleting all outdated material. the safety and health of the miners, or
(3) (i) The mine operator shall notify any change to the information required
the representative of miners at least 5 in § 75.371 shall be submitted to and ap-
days prior to submission of a mine ven- proved by the district manager before
tilation plan and any revision to a implementation.
mine ventilation plan. If requested, the (e) Before implementing an approved
mine operator shall provide a copy to ventilation plan or a revision to a ven-
the representative of miners at the tilation plan, persons affected by the
time of notification. In the event of a revision shall be instructed by the op-
situation requiring immediate action erator in its provisions.
on a plan revision, notification of the (f) The approved ventilation plan and
revision shall be given, and if re- any revisions shall be—
quested, a copy of the revision shall be (1) Provided upon request to the rep-
provided, to the representative of min- resentative of miners by the operator
ers by the operator at the time of sub- following notification of approval;
mittal; (2) Made available for inspection by
(ii) A copy of the proposed ventila- the representative of miners; and
tion plan, and a copy of any proposed (3) Posted on the mine bulletin board
revision, submitted for approval shall within 1 working day following notifi-
be made available for inspection by the cation of approval. The approved plan
representative of miners; and and revisions shall remain posted on
(iii) A copy of the proposed ventila- the bulletin board for the period that
tion plan, and a copy of any proposed they are in effect.
revision, submitted for approval shall (g) The ventilation plan for each
be posted on the mine bulletin board at mine shall be reviewed every 6 months
552
by an authorized representative of the (2) The maximum distance that ven-

Secretary to assure that it is suitable tilation control devices will be in-
to current conditions in the mine. stalled from each working face when
mining or installing roof bolts in en-
§ 75.371 Mine ventilation plan; con- tries and crosscuts;
tents. (3) Procedures for maintaining the
The mine ventilation plan shall con- roof bolting machine dust collection
tain the information described below system in approved condition; and
and any additional provisions required (4) Recommended best work practices
by the district manager: for equipment operators to minimize
(a) The mine name, company name, dust exposure.
mine identification number, and the (g) Locations where the air quan-
name of the individual submitting the tities must be greater than 3,000 cubic
plan information. feet per minute (see § 75.325(a)(1)).
(b) Planned main mine fan stoppages, (h) In anthracite mines, locations
other than those scheduled for testing, where the air quantities must be great-
maintenance or adjustment, including er than 1,500 cubic feet per minute (see
procedures to be followed during these § 75.325(e)(1)).
stoppages and subsequent restarts (see (i) Working places and working faces
§ 75.311(a)) and the type of device to be other than those where coal is being
used for monitoring main mine fan cut, mined, drilled for blasting or load-
pressure, if other than a pressure re- ed, where a minimum air quantity will
cording device (see 75.310(a)(4)). be maintained, and the air quantity at
(c) Methods of protecting main mine those locations (see § 75.325(a)(1)).
fans and associated components from (j) The operating volume of machine
the forces of an underground explosion mounted dust collectors or diffuser
if a 15-foot offset from the nearest side fans, if used (see § 75.325(a)(3)), includ-
of the mine opening is not provided ing the type and size of dust collector
(see § 75.310(a)(6)); and the methods of screen used, and a description of the
protecting main mine fans and intake procedures to maintain dust collectors
air openings if combustible material used on equipment.
will be within 100 feet of the area sur- (k) The minimum mean entry air ve-
rounding the fan or these openings (see locity in exhausting face ventilation
§ 75.311(f)). systems where coal is being cut, mined,
(d) Persons that will be permitted to drilled for blasting, or loaded, if the ve-
enter the mine, the work these persons locity will be less than 60 feet per
will do while in the mine, and electric minute. Other working places where
power circuits that will be energized coal is not being cut, mined, drilled for
when a back-up fan system is used that blasting or loaded, where at least 60
does not provide the ventilating quan- feet per minute or some other min-
tity provided by the main mine fan (see imum mean entry air velocity will be
§ 75.311(c)). maintained (see § 75.326).
(e) The locations and operating con- (l) The maximum distance if greater
ditions of booster fans installed in an- than 10 feet from each working face at
thracite mines (see § 75.302). which face ventilation control devices
(f) Section and face ventilation sys- will be installed (see § 75.330(b)(2)). The
tems used and the minimum quantity working places other than those where
of air that will be delivered to the coal is being cut, mined, drilled for
working section for each mechanized blasting or loaded, where face ventila-
mining unit, including drawings illus- tion control devices will be used (see
trating how each system is used, and a § 75.330(b)(1)(ii).
description of each different dust sup- (m) The volume of air required in the
pression system used on equipment, last open crosscut or the quantity of
identified by make and model, on each air reaching the pillar line if greater
working section, including: than 9,000 cubic feet per minute (see
(1) The number, types, location, ori- § 75.325(b)).
entation, operating pressure, and flow (n) In anthracite mines, the volume
rate of operating water sprays; of air required in the last open crosscut
553
§ 75.371 30 CFR Ch. I (7–1–20 Edition)
or the quantity of air reaching the pil- nonpillared worked-out areas (see
lar line if greater than 5,000 cubic feet § 75.364 (a)(1)) and the effectiveness of
per minute (see § 75.325(e)(2)). bleeder systems (see § 75.364 (a)(2)(iii).
(o) Locations where separations of in- Alternative methods of evaluation of
take and return air courses will be the effectiveness of bleeder systems
built and maintained to other than the (§ 75.364 (a)(2)(iv)).
third connecting crosscut outby each (aa) The means for adequately main-
working face (see § 75.333(b)(1)). taining bleeder entries free of obstruc-
(p) The volume of air required at the tions such as roof falls and standing
intake to the longwall sections, if dif- water (see § 75.334(c)(3)).
ferent than 30,000 cubic feet per minute (bb) The location of ventilation de-
(see § 75.325(c)). vices such as regulators, stoppings and
(q) The velocities of air on a longwall bleeder connectors used to control air
or shortwall face, and the locations movement through worked-out areas
where the velocities must be measured (see § 75.334(c)(4)). The location and se-
(see § 75.325(c)(2)). quence of construction of proposed
(r) The minimum quantity of air that seals for each worked-out area. (see
will be provided during the installation § 75.334(e)).
and removal of mechanized mining (cc) In mines with a demonstrated
equipment, the location where this history of spontaneous combustion: a
quantity will be provided, and the ven- description of the measures that will
tilation controls that will be used (see be used to detect methane, carbon
§ 75.325(d), (g), and (i)). monoxide, and oxygen concentration
(s) The locations and frequency of the during and after pillar recovery and in
methane tests if required more often worked-out areas where no pillars have
by § 75.362(d)(1)(iii) (see § 75.362 been recovered (see § 75.334(f)(1); and,
(d)(1)(iii). the actions which will be taken to pro-
(t) The locations where samples for tect miners from the hazards associ-
‘‘designated areas’’ will be collected, ated with spontaneous combustion (see
including the specific location of each § 75.334(f)(2). If a bleeder system will
sampling device, and the respirable not be used, the methods that will be
dust control measures used at the dust used to control spontaneous combus-
generating sources for these locations tion, accumulations of methane-air
(see §§ 70.207 and 70.209 of this chapter). mixtures, and other gases, dusts, and
(u) The methane and dust control fumes in the worked-out area (see
systems at underground dumps, § 75.334(f)(3)).
crushers, transfer points, and (dd) The location of all horizontal
haulageways. degasification holes that are longer
(v) Areas in trolley haulage entries than 1,000 feet and the location of all
where the air velocity will be greater vertical degasification holes.
than 250 feet per minute and the veloc- (ee) If methane drainage systems are
ity in these areas (see § 75.327(b)). used, a detailed sketch of each system,
(w) Locations where entries will be including a description of safety pre-
advanced less than 20 feet from the cautions used with the systems.
inby rib without a crosscut being pro- (ff) Seal installation requirements
vided where a line brattice will be re- provided by § 75.335 and the sampling
quired. (see § 75.333(g)). provisions provided by § 75.336.
(x) A description of the bleeder sys- (gg) The alternative location for the
tem to be used, including its design additional sensing device if the device
(see § 75.334). will not be installed on the longwall
(y) The means for determining the ef- shearing machine (see § 75.342(a)(2)).
fectiveness of bleeder systems (see (hh) The ambient level in parts per
§ 75.334(c)(2)). million of carbon monoxide, and the
(z) The locations where measure- method for determining the ambient
ments of methane and oxygen con- level, in all areas where carbon mon-
centrations and air quantities and oxide sensors are installed.
tests to determine whether the air is (ii) The locations (designated areas)
moving in the proper direction will be where dust measurements would be

made to evaluate the ventilation of made in the belt entry when belt air is
554
used to ventilate working sections or units of diesel-powered equipment are

areas where mechanized mining equip- operated (see § 75.325(g) (1)–(3) and (i)).
ment is being installed or removed, in (ww) The diesel-powered mining
accordance with § 75.350(b)(3). equipment excluded from the calcula-
(jj) The locations and approved ve- tion under § 75.325(g). (see § 75.325(h)).
locities at those locations where air ve- (xx) Action levels higher than the 50
locities in the belt entry are above or percent level specified by § 70.1900(c).
below the limits set forth in (see § 75.325(j)).
§ 75.350(a)(2) or §§ 75.350(b)(7) and (yy) The locations where the pressure
75.350(b)(8). differential cannot be maintained from
(kk) The locations where air quan- the primary escapeway to the belt
tities are measured as set forth in entry.
§ 75.350(b)(6).
(ll) The locations and use of point- [61 FR 9829, Mar. 11, 1996, as amended at 61
feed regulators, in accordance with FR 55527, Oct. 25, 1996; 69 FR 17529, Apr. 2,
2004; 72 FR 28817, May 22, 2007; 73 FR 21209,
§§ 75.350(c) and 75.350(d)(5). Apr. 18, 2008; 73 FR 80613, Dec. 31, 2008; 79 FR
(mm) The location of any diesel-dis- 24987, May 1, 2014]
criminating sensor, and additional car-
bon monoxide or smoke sensors in- § 75.372 Mine ventilation map.
stalled in the belt air course.
(nn) The length of the time delay or (a)(1) At intervals not exceeding 12
any other method used to reduce the months, the operator shall submit to
number of non-fire related alert and the district manager 3 copies of an up-
alarm signals from carbon monoxide to-date map of the mine drawn to a
sensors. scale of not less than 100 nor more than
(oo) The reduced alert and alarm set- 500 feet to the inch. A registered engi-
tings for carbon monoxide sensors, in neer or a registered surveyor shall cer-
accordance with § 75.351(i)(2). tify that the map is accurate.
(pp) The alternate detector and the (2) In addition to the informational
alert and alarm levels associated with requirements of this section the map
the detector, in accordance with may also be used to depict and explain
§ 75.352(e)(7). plan contents that are required in
(qq) The distance that separation be- § 75.371. Information shown on the map
tween the primary escapeway and the to satisfy the requirements of § 75.371
belt or track haulage entries will be shall be subject to approval by the dis-
maintained if other than to the first trict manager.
connecting crosscut outby the section (b) The map shall contain the fol-
loading point (see § 75.380(g)). lowing information:
(rr) In anthracite mines, the dimen- (1) The mine name, company name,
sions of escapeways where the pitch of mine identification number, a legend
the coal seam does not permit identifying the scale of the map and
escapeways to be maintained 4 feet by symbols used, and the name of the indi-
5 feet and the locations where these di- vidual responsible for the information
mensions must be maintained (see on the map.
§ 75.381(c)(4)). (2) All areas of the mine, including
(ss) Areas designated by the district sealed and unsealed worked-out areas.
manager where measurements of CO (3) All known mine workings that are
and NO2 concentrations will be made located in the same coalbed within
(see § 70.1900(a)(4)). 1,000 feet of existing or projected work-
(tt) Location where the air quantity ings. These workings may be shown on
will be maintained at the section load- a mine map with a scale other than
ing point (see § 75.325(f)(2)). that required by paragraph (a) of this
(uu) Any additional location(s) re- section, if the scale does not exceed
quired by the district manager where a 2,000 feet to the inch and is specified on
minimum air quantity must be main- the map.
tained for an individual unit of diesel- (4) The locations of all known mine
powered equipment. (see § 75.325(f)(5)). workings underlying and overlying the
(vv) The minimum air quantities mine property and the distance be-
that will be provided where multiple tween the mine workings.
555
§ 75.373 30 CFR Ch. I (7–1–20 Edition)
(5) The locations of all known oil and (19) The entry height, velocity and
gas wells and all known drill holes that direction of the air current at or near
penetrate the coalbed being mined. the midpoint of each belt flight where
(6) The locations of all main mine the height and width of the entry are
fans, installed backup fans and motors, representative of the belt haulage
and each fan’s specifications, including entry.
size, type, model number, manufac- (20) The location and designation of
turer, operating pressure, motor horse- air courses that have been redesignated
power, and revolutions per minute. from intake to return for the purpose
(7) The locations of all surface mine of ventilation of structures, areas or
openings and the direction and quan- installations that are required by this
tity of air at each opening. subpart D to be ventilated to return air
(8) The elevation at the top and bot- courses, and for ventilation of seals.
tom of each shaft and slope, and shaft (c) The mine map required by § 75.1200
and slope dimensions, including depth may be used to satisfy the require-
and length. ments for the ventilation map, pro-
(9) The direction of air flow in all un- vided that all the information required
derground areas of the mine. by this section is contained on the
(10) The locations of all active work- map.
ing sections and the four-digit identi- [61 FR 9829, Mar. 11, 1996, as amended at 69
fication number for each mechanized FR 17530, Apr. 2, 2004; 73 FR 80697, Dec. 31,
mining unit (MMU). 2008]
(11) The location of all escapeways
and refuge alternatives. § 75.373 Reopening mines.
(12) The locations of all ventilation After a mine is abandoned or de-
controls, including permanent clared inactive, and before it is re-
stoppings, overcasts, undercasts, regu- opened, mining operations shall not
lators, seals, airlock doors, haulageway begin until MSHA has been notified
doors and other doors, except tem- and has completed an inspection.
porary ventilation controls on working
sections. § 75.380 Escapeways; bituminous and
(13) The direction and quantity of lignite mines.
air— (a) Except in situations addressed in
(i) Entering and leaving each split; § 75.381, § 75.385 and § 75.386, at least two
(ii) In the last open crosscut of each separate and distinct travelable pas-
set of entries and rooms; and sageways shall be designated as
(iii) At the intake end of each pillar escapeways and shall meet the require-
line, including any longwall or ments of this section.
shortwall. (b) (1) Escapeways shall be provided
(14) Projections for at least 12 from each working section, and each
months of anticipated mine develop- area where mechanized mining equip-
ment, proposed ventilation controls, ment is being installed or removed,
proposed bleeder systems, and the an- continuous to the surface escape drift
ticipated location of intake and return opening or continuous to the escape
air courses, belt entries, and shaft or slope facilities to the surface.
escapeways. (2) During equipment installation,
(15) The locations of existing meth- these escapeways shall begin at the
ane drainage systems. projected location for the section load-
(16) The locations and type of all ing point. During equipment removal,
AMS sensors required by subpart D of they shall begin at the location of the
this part. last loading point.
(17) Contour lines that pass through (c) The two separate and distinct
whole number elevations of the coalbed escapeways required by this section
being mined. These lines shall be shall not end at a common shaft, slope,
spaced at 10-foot elevation levels un- or drift opening, except that multiple
less a wider spacing is permitted by the compartment shafts or slopes sepa-
district manager. rated by walls constructed of non-
(18) The location of proposed seals for combustible material may be used as
each worked-out area. separate and distinct passageways.
556
(d) Each escapeway shall be— longwall sections, is necessary during

(1) Maintained in a safe condition to normal mining operations, such as ma-
always assure passage of anyone, in- terial cars containing rock dust or roof
cluding disabled persons; control supplies, or is to be used for the
(2) Clearly marked to show the route evacuation of miners off the section in
and direction of travel to the surface; the event of an emergency. In any in-
(3) Maintained to at least a height of stance, escapeways shall be of suffi-
5 feet from the mine floor to the mine cient width to enable miners, including
roof, excluding the thickness of any disabled persons, to escape quickly in
roof support, except that the an emergency. When there is a need to
escapeways shall be maintained to at determine whether sufficient width is
least the height of the coalbed, exclud- provided, MSHA may require a stretch-
ing the thickness of any roof support, er test where 4 persons carry a miner
where the coalbed is less than 5 feet. In through the area in question on a
areas of mines where escapeways pass stretcher;
through doors, the height may be less (5) Located to follow the most direct,
than 5 feet, provided that sufficient safe and practical route to the nearest
height is maintained to enable miners, mine opening suitable for the safe
including disabled persons, to escape evacuation of miners; and
quickly in an emergency. In areas of (6) Provided with ladders, stairways,
mines developed before November 16, ramps, or similar facilities where the
1992, where escapeways pass over or escapeways cross over obstructions.
under overcasts or undercasts, the (7) Provided with a continuous, dura-
height may be less than 5 feet provided ble directional lifeline or equivalent
that sufficient height is maintained to device that shall be—
enable miners, including disabled per- (i) Installed and maintained through-
sons, to escape quickly in an emer- out the entire length of each
gency. When there is a need to deter- escapeway as defined in paragraph
mine whether sufficient height is pro- (b)(1) of this section;
vided, MSHA may require a stretcher (ii) Flame-resistant in accordance
test where 4 persons carry a miner with the requirements of part 18 of this
through the area in question on a chapter upon replacement of existing
stretcher; lifelines; but in no case later than June
(4) Maintained at least 6 feet wide ex- 15, 2009;
cept— (iii) Marked with a reflective mate-
(i) Where necessary supplemental rial every 25 feet;
roof support is installed, the escapeway (iv) Located in such a manner for
shall not be less than 4 feet wide; or miners to use effectively to escape;
(ii) Where the route of travel passes (v) Equipped with one directional in-
through doors or other permanent ven- dicator cone securely attached to the
tilation controls, the escapeway shall lifeline, signifying the route of escape,
be at least 4 feet wide to enable miners placed at intervals not exceeding 100
to escape quickly in an emergency, or feet. Cones shall be installed so that
(iii) Where the alternate escapeway the tapered section points inby;
passes through doors or other perma- (vi) Equipped with one sphere se-
nent ventilation controls or where sup- curely attached to the lifeline at each
plemental roof support is required and intersection where personnel doors are
sufficient width is maintained to en- installed in adjacent crosscuts;
able miners, including disabled per- (vii) Equipped with two securely at-
sons, to escape quickly in an emer- tached cones, installed consecutively
gency. When there is a need to deter- with the tapered section pointing inby,
mine whether sufficient width is pro- to signify an attached branch line is
vided, MSHA may require a stretcher immediately ahead.
test where 4 persons carry a miner (A) A branch line leading from the
through the area in question on a lifeline to an SCSR cache will be
stretcher, or marked with four cones with the base
(iv) Where mobile equipment near sections in contact to form two dia-
working sections, and other equipment mond shapes. The cones must be placed
essential to the ongoing operation of within reach of the lifeline.
557
§ 75.380 30 CFR Ch. I (7–1–20 Edition)
(B) A branch line leading from the least eight inches in length. The spi-
lifeline to a refuge alternative will be raled coil must be placed within reach
marked with a rigid spiraled coil at of the lifeline (see Illustration 1 below).
(e) Surface openings shall be ade- (i) To all areas of a primary

quately protected to prevent surface escapeway developed on or after No-
fires, fumes, smoke, and flood water vember 16, 1992;
from entering the mine. (ii) Effective as of June 10, 1997, to all
(f) Primary escapeway. (1) One areas of a primary escapeway devel-
escapeway that is ventilated with in- oped between March 30, 1970 and No-
take air shall be designated as the pri- vember 16, 1992; and
mary escapeway. The primary (iii) Effective as of June 10, 1997, to
escapeway shall have a higher ventila- all areas of the primary escapeway de-
tion pressure than the belt entry un- veloped prior to March 30, 1970 where
less the mine operator submits an al- separation of the belt and trolley haul-
ternative in the mine ventilation plan age entries from the primary
to protect the integrity of the primary escapeway existed prior to November
escapeway, based on mine specific con- 16, 1992.
ditions, which is approved by the dis- (3) The following equipment is not
trict manager. permitted in the primary escapeway:
(2) Paragraphs (f)(3) through (f)(7) of
(i) Mobile equipment hauling coal ex-

this section apply as follows: cept for hauling coal incidental to
558
ER31DE08.001</GPH>
cleanup or maintenance of the primary the suppression system is suitable for

escapeway. the intended application and is listed
(ii) Compressors, except— or approved by a nationally recognized
(A) Compressors necessary to main- independent testing laboratory, or,
tain the escapeway in safe, travelable (ii) Battery powered and provided
condition; with two 10 pound multipurpose dry
(B) Compressors that are components chemical portable fire extinguishers.
of equipment such as locomotives and (6) Notwithstanding the requirements
rock dusting machines; and of paragraph (f)(3)(i), mobile equipment
(C) Compressors of less than five not provided with a fire suppression
horsepower. system may operate in the primary
(iii) Underground transformer sta- escapeway if no one is inby except
tions, battery charging stations, sub- those persons directly engaged in using
stations, and rectifiers except— or moving the equipment.
(A) Where necessary to maintain the (7) Notwithstanding the requirements
escapeway in safe, travelable condi- of paragraph (f)(3)(i), mobile equipment
tion; and designated and used only as emergency
(B) Battery charging stations and vehicles or ambulances, may be oper-
rectifiers and power centers with trans- ated in the primary escapeway without
formers that are either dry-type or fire suppression systems.
contain nonflammable liquid, provided
(g) Except where separation of belt
they are located on or near a working
and trolley haulage entries from des-
section and are moved as the section
ignated escapeways did not exist before
advances or retreats.
November 15, 1992, and except as pro-
(iv) Water pumps, except—
vided in § 75.350(c), the primary
(A) Water pumps necessary to main-
escapeway must be separated from belt
tain the escapeway in safe, travelable
and trolley haulage entries for its en-
condition;
tire length, to and including the first
(B) Submersible pumps;
connecting crosscut outby each loading
(C) Permissible pumps and associated
point except when a greater or lesser
permissible switchgear;
distance for this separation is specified
(D) Pumps located on or near a work-
and approved in the mine ventilation
ing section that are moved as the sec-
plan and does not pose a hazard to min-
tion advances or retreats;
ers.
(E) Pumps installed in anthracite
mines; and (h) Alternate escapeway. One
(F) Small portable pumps. escapeway shall be designated as the
(4) Mobile equipment operated in the alternate escapeway. The alternate
primary escapeway, except for contin- escapeway shall be separated from the
uous miners and as provided in para- primary escapeway for its entire
graphs (f)(5), (f)(6), and (f)(7) of this sec- length, except that the alternate and
tion, shall be equipped with a fire sup- primary escapeways may be ventilated
pression system installed according to from a common intake air shaft or
§§ 75.1107–3 through 75.1107–16 that is— slope opening.
(i) Manually operated and attended (i) Mechanical escape facilities shall
continuously by a person trained in the be provided and maintained for—
systems function and use, or (1) Each shaft that is part of a des-
(ii) A multipurpose dry chemical ignated escapeway and is greater than
type capable of both automatic and 50 feet in depth; and
manual activation. (2) Each slope from the coal seam to
(5) Personnel carriers and small mo- the surface that is part of a designated
bile equipment designed and used only escapeway and is inclined more than 9
for carrying people and small hand degrees from the horizontal.
tools may be operated in primary (j) Within 30 minutes after mine per-
escapeways if— sonnel on the surface have been noti-
(i) The equipment is provided with a fied of an emergency requiring evacu-
multipurpose dry chemical type fire ation, mechanical escape facilities pro-
suppression system capable of both vided under paragraph (i) of this sec-
automatic and manual activation, and tion shall be operational at the bottom
559
§ 75.381 30 CFR Ch. I (7–1–20 Edition)
of shaft and slope openings that are (1) Maintained in a safe condition to
part of escapeways. always assure passage of anyone, in-
(k) Except where automatically acti- cluding disabled persons;
vated hoisting equipment is used, the (2) Clearly marked to show the route
bottom of each shaft or slope opening of travel to the surface;
that is part of a designated escapeway (3) Provided with ladders, stairways,
shall be equipped with a means of sig- ramps, or similar facilities where the
naling a surface location where a per- escapeways cross over obstructions;
son is always on duty when anyone is and
underground. When the signal is acti- (4) Maintained at least 4 feet wide by
vated or the evacuation of persons un- 5 feet high. If the pitch or thickness of
derground is necessary, the person the coal seam does not permit these di-
shall assure that mechanical escape fa- mensions to be maintained other di-
cilities are operational as required by mensions may be approved in the ven-
paragraph (j) of this section. tilation plan.
(l)(1) Stairways or mechanical escape (5) Provided with a continuous, dura-
facilities shall be installed in shafts ble directional lifeline or equivalent
that are part of the designated device that shall be—
escapeways and that are 50 feet or less (i) Installed and maintained through-
in depth, except ladders may be used in out the entire length of each
shafts that are part of the designated escapeway as defined in paragraph (b)
escapeways and that are 5 feet or less of this section;
in depth. (ii) Flame-resistant in accordance
(2) Stairways shall be constructed of with the requirements of part 18 of this
concrete or metal, set on an angle not chapter upon replacement of existing
to exceed 45 degrees from the hori- lifelines; but in no case later than June
zontal, and equipped on the open side 15, 2009;
with handrails. In addition, landing (iii) Marked with a reflective mate-
platforms that are at least 2 feet by 4 rial every 25 feet;
feet shall be installed at intervals not (iv) Located in such a manner for
to exceed 20 vertical feet on the stair- miners to use effectively to escape;
ways and equipped on the open side (v) Equipped with one directional in-
with handrails. dicator cone securely attached to the
(3) Ladders shall be constructed of lifeline, signifying the route of escape,
metal, anchored securely, and set on an placed at intervals not exceeding 100
angle not to exceed 60 degrees from the feet. Cones shall be installed so that
horizontal. the tapered section points inby;
(m) A travelway designed to prevent (vi) Equipped with one sphere se-
slippage shall be provided in slope and curely attached to the lifeline at each
drift openings that are part of des- intersection where personnel doors are
ignated escapeways, unless mechanical installed in adjacent crosscuts;
escape facilities are installed. (vii) Equipped with two securely at-
[61 FR 9829, Mar. 11, 1996; 61 FR 20877, May 8, tached cones, installed consecutively
1996, as amended at 61 FR 55527, Oct. 25, 1996; with the tapered section pointing inby,
69 FR 17530, Apr. 2, 2004; 71 FR 12269, Mar. 9, to signify an attached branch line is
2006; 71 FR 71452, Dec. 8, 2006; 73 FR 80613, immediately ahead.
Dec. 31, 2008]
(A) A branch line leading from the
lifeline to an SCSR cache will be
§ 75.381 Escapeways; anthracite mines.
marked with four cones with the base
(a) Except as provided in §§ 75.385 and sections in contact to form two dia-
75.386, at least two separate and dis- mond shapes. The cones must be placed
tinct travelable passageways shall be within reach of the lifeline.
designated as escapeways and shall (B) A branch line leading from the
meet the requirements of this section. lifeline to a refuge alternative will be
(b) Escapeways shall be provided marked with a rigid spiraled coil at
from each working section continuous least eight inches in length. The spi-
to the surface. raled coil must be placed within reach

(c) Each escapeway shall be— of the lifeline.
560
(d) Surface openings shall be ade- shall be equipped with brakes that can
quately protected to prevent surface stop the fully loaded platform, cage, or
fires, fumes, smoke, and flood water other device.
from entering the mine. (c) Mechanical escape facilities, in-
(e) Primary escapeway. One escapeway cluding automatic elevators, shall be
that shall be ventilated with intake air examined weekly. The weekly exam-
shall be designated as the primary ination of this equipment may be con-
escapeway. The primary escapeway ducted at the same time as a daily ex-
shall have a higher ventilation pres- amination required by § 75.1400–3.
sure than the belt entry unless the (1) The weekly examination shall in-
mine operator submits an alternative clude an examination of the headgear,
in the mine ventilation plan to protect connections, links and chains, over-
the integrity of the primary speed and overwind controls, auto-
escapeway, based on mine specific con- matic stop controls, and other facili-
ditions, which is approved by the dis- ties.
trict manager.
(2) At least once each week, the hoist
(f) Alternate escapeway. One
shall be run through one complete
escapeway that shall be designated as
cycle of operation to determine that it
the alternate escapeway shall be sepa-
rated from the primary escapeway for is operating properly.
its entire length. (d) A person trained to operate the
(g) Mechanical escape facilities shall mechanical escape facility always shall
be provided— be available while anyone is under-
(1) For each shaft or slope opening ground to provide the mechanical es-
that is part of a primary escapeway; cape facilities, if required, to the bot-
and tom of each shaft and slope opening
(2) For slopes that are part of that is part of an escapeway within 30
escapeways, unless ladders are in- minutes after personnel on the surface
stalled. have been notified of an emergency re-
(h) Within 30 minutes after mine per- quiring evacuation. However, no oper-
sonnel on the surface have been noti- ator is required for automatically oper-
fied of an emergency requiring evacu- ated cages, platforms, or elevators.
ation, mechanical escape facilities (e) Mechanical escape facilities shall
shall be operational at the bottom of have rated capacities consistent with
each shaft and slope opening that is the loads handled.
part of an escapeway. (f) Manually-operated mechanical es-
(i) Except where automatically acti- cape facilities shall be equipped with
vated hoisting equipment is used, the indicators that accurately and reliably
bottom of each shaft or slope opening show the position of the facility.
that is part of a primary escapeway (g) Certification. The person making
shall be equipped with a means of sig- the examination as required by para-
naling a surface location where a per- graph (c) of this section shall certify by
son is always on duty when anyone is initials, date, and the time that the ex-
underground. When the signal is acti- amination was made. Certifications
vated or the evacuation of personnel is shall be made at or near the facility ex-
necessary, the person on duty shall as- amined.
sure that mechanical escape facilities
are operational as required by para- § 75.384 Longwall and shortwall
graph (h) of this section. travelways.
[61 FR 9829, Mar. 11, 1996, as amended at 71 (a) If longwall or shortwall mining
FR 12269, Mar. 9, 2006; 71 FR 71452, Dec. 8, systems are used and the two des-
2006; 73 FR 80614, Dec. 31, 2008] ignated escapeways required by § 75.380
are located on the headgate side of the
§ 75.382 Mechanical escape facilities. longwall or shortwall, a travelway
(a) Mechanical escape facilities shall shall be provided on the tailgate side of
be provided with overspeed, overwind, that longwall or shortwall. The
and automatic stop controls. travelway shall be located to follow the
(b) Every mechanical escape facility most direct and safe practical route to
with a platform, cage, or other device a designated escapeway.
561
§ 75.385 30 CFR Ch. I (7–1–20 Edition)
(b) The route of travel shall be clear- (3) At least 20 feet in depth in ad-
ly marked. vance of the working face, and always
(c) When a roof fall or other blockage maintained to a distance of 10 feet in
occurs that prevents travel in the advance of the working face.
travelway— (c) Boreholes shall be drilled in both
(1) Work shall cease on the longwall ribs of advancing working places de-
or shortwall face; scribed in paragraph (a) of this section
(2) Miners shall be withdrawn from unless an alternative drilling plan is
face areas to a safe area outby the sec- approved by the District Manager in
tion loading point; and accordance with paragraph (g) of this
(3) MSHA shall be notified. section. These boreholes shall be
(d) Work may resume on the longwall drilled—
or shortwall face after the procedures (1) At an angle of 45 degrees to the di-
set out in §§ 75.215 and 75.222 are imple- rection of advance;
mented. (2) At least 20 feet in depth; and
(3) At intervals not to exceed 8 feet.
§ 75.385 Opening new mines. (d) When a borehole penetrates an
area that cannot be examined, and be-
When new mines are opened, no more
fore mining continues, a certified per-
than 20 miners at a time shall be al-
son shall, if possible, determine—
lowed in any mine until a connection
(1) The direction of airflow in the
has been made between the mine open-
borehole;
ings, and these connections shall be
(2) The pressure differential between
made as soon as possible.
the penetrated area and the mine
§ 75.386 Final mining of pillars. workings;
(3) The concentrations of methane,
When only one mine opening is avail- oxygen, carbon monoxide, and carbon
able due to final mining of pillars, no dioxide; and
more than 20 miners at a time shall be (4) Whether water is impounded with-
allowed in the mine, and the distance in the penetrated area.
between the mine opening and working (e) Unless action is taken to dewater
face shall not exceed 500 feet. or to ventilate penetrated areas,
boreholes shall be plugged with wooden
§ 75.388 Boreholes in advance of min-
ing. plugs or similar devices when—
(1) Tests conducted at the boreholes
(a) Boreholes shall be drilled in each show that the atmosphere in the pene-
advancing working place when the trated area contains more than 1.0 per-
working place approaches— cent methane, less than 19.5 percent
(1) To within 50 feet of any area lo- oxygen, or harmful concentrations of
cated in the mine as shown by surveys carbon monoxide, carbon dioxide or
that are certified by a registered engi- other explosive, harmful or noxious
neer or registered surveyor unless the gases;
area has been preshift examined; (2) Tests for methane, oxygen, carbon
(2) To within 200 feet of any area lo- monoxide, and carbon dioxide cannot
cated in the mine not shown by surveys be made because air from mine work-
that are certified by a registered engi- ings is flowing into the penetrated
neer or registered surveyor unless the area; or
area has been preshift examined; or (3) Water is discharging through the
(3) To within 200 feet of any mine boreholes from the penetrated area
workings of an adjacent mine located into the mine workings.
in the same coalbed unless the mine (f) If mining is to be conducted with-
workings have been preshift examined. in 50 feet above or below an inacces-
(b) Boreholes shall be drilled as fol- sible area of another mine, boreholes
lows: shall be drilled, as necessary, according
(1) Into the working face, parallel to to a plan approved by the district man-
the rib, and within 3 feet of each rib. ager.
(2) Into the working face, parallel to (g) Alternative borehole patterns
the rib, and at intervals across the face that provide the same protection to
not to exceed 8 feet. miners as the pattern established by
562
Mine Safety and Health Admin., Labor § 75.401–1
paragraphs (b) and (c) of this section Subpart E—Combustible Materials

may be used under a plan approved by and Rock Dusting
the district manager.
§ 75.400 Accumulation of combustible
§ 75.389 Mining into inaccessible areas. materials.
(a) (1) The operator shall develop and Coal dust, including float coal dust
follow a plan for mining into areas pen- deposited on rock-dusted surfaces,
etrated by boreholes drilled under loose coal, and other combustible ma-
§ 75.388. terials, shall be cleaned up and not be
(2) Mining shall not resume into any permitted to accumulate in active
area penetrated by boreholes until con- workings, or on diesel-powered and
ditions in the penetrated area can be electric equipment therein.
determined under § 75.388 and the plan [61 FR 55527, Oct. 25, 1996]
for mining-through into the area has
been approved by the district manager. § 75.400–1 Definitions.
(3) A copy of the procedures to be fol- (a) The term coal dust means par-
lowed shall be posted near the site of ticles of coal that can pass a No. 20
the mining-through operations and the sieve.
operator shall explain these procedures (b) The term float coal dust means the
to all miners involved in the oper- coal dust consisting of particles of coal
ations. that can pass a No. 200 sieve.
(b) The procedures specified in the (c) The term loose coal means coal
fragments larger in size than coal dust.
plan shall include—
(1) The method of ventilation, ven- § 75.400–2 Cleanup program.
tilation controls, and the air quantities
A program for regular cleanup and
and velocities in the affected working
removal of accumulations of coal and
section and working place; float coal dusts, loose coal, and other
(2) Dewatering procedures to be used combustibles shall be established and
if a penetrated area contains a water maintained. Such program shall be
accumulation; and available to the Secretary or author-
(3) The procedures and precautions to ized representative.
be followed during mining-through op-
erations. § 75.401 Abatement of dust; water or
(c) Except for routine mining- water with a wetting agent.
through operations that are part of a [STATUTORY PROVISION]
retreat section ventilation system ap-
proved in accordance with § 75.371(f) Where underground mining oper-
and (x), the following provisions shall ations in active workings create or
apply: raise excessive amounts of dust, water
(1) Before and during mining-through or water with a wetting agent added to
operations, a certified person shall per- it, or other no less effective methods
approved by the Secretary or his au-
form air quality tests at intervals and
thorized representative, shall be used
at locations necessary to protect the
to abate such dust. In working places,
safety of the miners.
particularly in distances less than 40
(2) During mining-through oper- feet from the face, water, with or with-
ations, only persons involved in these out a wetting agent, or other no less ef-
operations shall be permitted in the fective methods approved by the Sec-
mine; and retary or his authorized representative,
(3) After mining-through, a certified shall be applied to coal dust on the
person shall determine that the af- ribs, roof, and floor to reduce
fected areas are safe before any persons dispersibility and to minimize the ex-
enter the underground areas of the plosion hazard.
mine.
§ 75.401–1 Excessive amounts of dust.
The term ‘‘excessive amounts of

dust’’ means coal and float coal dust in
563
§ 75.402 30 CFR Ch. I (7–1–20 Edition)
the air in such amounts as to create § 75.404 Exemption of anthracite

the potential of an explosion hazard. mines.
§ 75.402 Rock dusting. [STATUTORY PROVISION]
[STATUTORY PROVISION] Sections 75.401, 75.402, and 75.403 shall

not apply to underground anthracite
All underground areas of a coal mine, mines.
except those areas in which the dust is
too wet or too high in incombustible
content to propagate an explosion,
Subpart F—Electrical Equipment—
shall be rock dusted to within 40 feet of General
all working faces, unless such areas are
§ 75.500 Permissible electric equip-
inaccessible or unsafe to enter or un-
ment.
less the Secretary or his authorized
representative permits an exception [STATUTORY PROVISION]
upon his finding that such exception
will not pose a hazard to the miners. On and after March 30, 1971:
All crosscuts that are less than 40 feet (a) All junction or distribution boxes
from a working face shall also be rock used for making multiple power con-
dusted. nections inby the last open crosscut
shall be permissible;
§ 75.402–1 Definition. (b) All handheld electric drills, blow-
The term too wet means that suffi- er and exhaust fans, electric pumps,
cient natural moisture is retained by and such other low horsepower electric
the dust that when a ball of finely di- face equipment as the Secretary may
vided material is squeezed in the hands designate on or before May 30, 1970,
water is exuded. which are taken into or used inby the
last open crosscut of any coal mine
§ 75.402–2 Exceptions. shall be permissible;
Exceptions granted under § 75.402 by (c) All electric face equipment which
the Secretary or his authorized rep- is taken into or used inby the last open
resentative shall be reviewed periodi- crosscut of any coal mine classified
cally. under any provision of law as gassy
prior to March 30, 1970, shall be permis-
§ 75.403 Maintenance of incombustible sible; and
content of rock dust.
(d) All other electric face equipment
Where rock dust is required to be ap- which is taken into or used inby the
plied, it shall be distributed upon the last crosscut of any coal mine, except a
top, floor, and sides of all underground coal mine referred to in § 75.501, which
areas of a coal mine and maintained in has not been classified under any provi-
such quantities that the incombustible sion of law as a gassy mine prior to
content of the combined coal dust, March 30, 1970, shall be permissible.
rock dust, and other dust shall be not
less than 80 percent. Where methane is § 75.500–1 Other low horsepower elec-
present in any ventilating current, the tric face equipment.
percent of incombustible content of
such combined dust shall be increased Other low horsepower electric face
0.4 percent for each 0.1 percent of meth- equipment designated pursuant to the
ane. provisions of § 75.500(b) is all other elec-
tric-driven mine equipment, except low
[75 FR 57857, Sept. 23, 2010; 76 FR 35978, June horsepower rock dusting equipment,
21, 2011]
and employs an electric current sup-
§ 75.403–1 Incombustible content. plied by either a power conductor or
battery and consumes not more than
Moisture contained in the combined 2,250 watts of electricity and which is
coal dust, rock dust and other dusts
taken into or used inby the last open

shall be considered as a part of the in- crosscut.
combustible content of such mixture.
564
§ 75.501 Permissible electric face § 75.501–3 New openings; mines above

equipment; coal seams above water water table and never classed
table. gassy.
(a) Where a new opening(s) is pro-
[STATUTORY PROVISION] posed to be developed by shaft, slope,
On and after March 30, 1974, all elec- or drift from the surface to, or in, any
tric face equipment, other than equip- coalbed and the operator considers
such proposed new opening(s) to be a
ment referred to in paragraph (b) of
part of a mine coming under section
§ 75.500, which is taken into and used
305(a)(2) of the Act and § 75.501 the oper-
inby the last open crosscut of any coal ator shall so notify the District Man-
mine which is operated entirely in coal ager for the District in which the mine
seams located above the water table is located in writing prior to the date
and which has not been classified under any actual development (in coal)
any provision of law as a gassy mine through such opening(s) is undertaken.
prior to March 30, 1970, and in which Such notification shall include the fol-
one or more openings were made prior lowing information:
to December 30, 1969, shall be permis- (1) Name, address, and identification
sible. number of the existing mine.
(2) A current map of the existing
§ 75.501–1 Coal seams above the water mine clearly setting out the proposed
table. new opening(s), mining plan and
As used in § 75.501, the phrase ‘‘coal planned interconnection, if any, with
seams above the water table’’ means existing workings.
coal seams in a mine which are located (3) A statement as to when the oper-
ator obtained the right to mine the
at an elevation above a river or the
coal which the proposed new opening(s)
tributary of a river into which a local
will traverse.
surface water system naturally drains. (4) The name of the coalbeds cur-
§ 75.501–2 Permissible electric face rently being mined and those which the
equipment. new opening(s) will traverse.
(5) The expected life of the mine.
(a) On and after March 30, 1971, in (6) The reason(s) for the proposed new
mines operated entirely in coal seams opening(s) (for example, haulage, ven-
which are located at elevations above tilation, drainage, to avoid bad roof,
the water table: escapeway).
(1) All junction or distribution boxes The District Manager shall require sub-
used for making multiple power con- mission of any additional information
nections inby the last open crosscut he considers pertinent.
shall be permissible; and (b) The District Manager shall make
(2) All handheld electric drills, blow- a determination based on all of the in-
er and exhaust fans, electric pumps, formation submitted by the operator as
and all other electric-driven mine to whether the proposed new opening(s)
equipment, except low horsepower rock will be considered as a part of the ex-
dusting equipment, that employs an isting mine or as a new mine. The fol-
electric current supplied by either a lowing guidelines and criteria shall be
power conductor or battery and con- used by the District Manager in mak-
sumes not more than 2,250 watts of ing his determination:
(1) The effect that the proposed new
electricity, which is taken into or used
opening(s) will have on the safety of
inby the last open crosscut shall be
the men working in the existing mine
permissible. shall be considered of primary impor-
(b) On and after March 30, 1974, in tance.
mines operated entirely in coal seams (2) Whether the operator had a right
which are located at elevations above to mine the coal which the proposed
the water table, all electric face equip- new openings will traverse prior to the
ment which is taken into or used inby date of enactment of the Act (Decem-
the last crosscut shall be permissible. ber 30, 1969) and whether the original
mining plan included mining such coal.
565
§ 75.502 30 CFR Ch. I (7–1–20 Edition)
(3) Whether, in accordance with the § 75.503–1 Statement listing all electric
usual mining practices common to the face equipment.
particular district, the proposed new Each operator of a coal mine shall
openings would have been considered a complete and file Mine Safety and
new mine or part of the existing mine. Health Administration Form No. 6–1496
A number of factors will be considered entitled ‘‘Coal Operator’s Electrical
including, but not limited to: Survey’’ and Form 6–1496 Supplemental
(i) The relationship between the coal- entitled ‘‘Operator’s Survey of Elec-
beds currently being mined, and those trical Face Equipment.’’ Forms may be
proposed to be mined; obtained from any MSHA Coal Mine
(ii) The distance between existing Safety and Health district office. Sepa-
openings and the proposed new open- rate forms shall be filed for each mine.
ing(s); Copies one and two of the completed
(iii) The projected time elapsing be- form shall be filed with the Coal Mine
tween the start of the new opening(s) District Manager for the district in
and planned interconnection, if any, which each mine is located on or before
with the existing mine; and May 30, 1970. An operator must list all
(iv) The projected tonnage of coal electric face equipment being used at
which is expected to be mined prior to each mine as of the time of filing, all
interconnection where interconnection such equipment being repaired, and all
is planned. standby electric equipment stored at or
The District Manager shall notify the in the mine which the operator intends
operator in writing within 30 days of to use as face equipment.
receiving all of the information, re- [35 FR 17890, Nov. 20, 1970, as amended at 71
quired and requested, of his determina- FR 16668, Apr. 3, 2006]
tion. No informal notification shall be
given. § 75.504 Permissibility of new, replace-
(c) All new opening(s) shall be oper- ment, used, reconditioned, addi-
tional, and rebuilt electric face
ated as a new mine prior to receiving a equipment.
written notification from the District
Manager that such new opening(s) will On and after March 30, 1971, all new,
be considered part of an existing mine replacement, used, reconditioned, and
coming under section 305(a)(2) of the additional electric face equipment used
Act and § 75.501. in any mine referred to in §§ 75.500,
(d) Nothing in this § 75.501–3 shall be 75.501, and 75.503 shall be permissible
construed to relieve the operator from and shall be maintained in a permis-
compliance with any of the mandatory sible condition, and in the event of any
standards contained in this Part 75. major overhaul of any item of electric
face equipment in use on or after
[37 FR 8949, May 3, 1972] March 30, 1971, such equipment shall be
put in, and thereafter maintained in, a
§ 75.502 Permits for noncompliance. permissible condition, unless in the
An operator need not comply with opinion of the Secretary, such equip-
paragraph (d) of § 75.500 or with § 75.501 ment or necessary replacement parts
during the period of time specified in a are not available.
permit issued by the Interim Compli- [38 FR 4975, Feb. 23, 1973]
ance Panel established by the Act.
§ 75.505 Mines classed gassy; use and
§ 75.503 Permissible electric face maintenance of permissible electric
equipment; maintenance. face equipment.
[STATUTORY PROVISIONS] [STATUTORY PROVISION]
The operator of each coal mine shall Any coal mine which, prior to March
maintain in permissible condition all 30, 1970, was classed gassy under any
electric face equipment required by provision of law and was required to
§§ 75.500, 75.501, 75.504 to be permissible use permissible electric face equipment
which is taken into or used inby the and to maintain such equipment in a
last open crosscut of any such mine. permissible condition shall continue to
566
use such equipment and to maintain (4) Flame Safety Lamps;

such equipment in such condition. (5) Portable Methane Detectors, part
22;
§ 75.506 Electric face equipment; re-
quirements for permissibility. (6) Telephone and Signaling Devices,
part 23;
(a) Electric-driven mine equipment (7) Single-Shot Blasting Units;
and accessories manufactured on or
(8) Lighting Equipment for Illu-
after March 30, 1973, will be permissible
electric face equipment only (1) if they minating Underground Workings;
are fabricated, assembled, or built (9) Methane-Monitoring Systems,
under an approval, or any extension part 27; and
thereof, issued by the Bureau of Mines (10) Continuous Duty, Warning Light,
or the Mine Safety and Health Admin- Portable Methane Detectors, 30 CFR
istration in accordance with schedule part 29 contained in the 30 CFR, parts
2G, or any subsequent Bureau of Mines 1–199, edition, revised as of July 1, 1999.
schedule promulgated by the Secretary
after March 30, 1970, which amends,
FR 47119, Sept. 3, 1998; 64 FR 43283, Aug. 10,
modifies, or supersedes the permissi- 1999; 71 FR 16668, Apr. 3, 2006]
bility requirements of schedule 2G, and
(2) if they are maintained in a permis- § 75.506–1 Electric face equipment;
sible condition. permissible condition; maintenance
(b) Except as provided in paragraph requirements.
(c) of this § 75.506 electric-driven mine
equipment and accessories manufac- (a) Except as provided in paragraph
tured prior to March 30, 1973, will be (b) of this section, electric face equip-
permissible electric face equipment (1) ment which meets the requirements for
if they were fabricated, assembled, or permissibility set forth in § 75.506 will
built under an approval, or any exten- be considered to be in permissible con-
sion thereof, issued by the Bureau of dition only if it is maintained so as to
Mines in accordance with the schedules meet the requirements for permissi-
set forth below, and (2) if they are bility set forth in the Bureau of Mines
maintained in a permissible condition. schedule under which such electric face
Bureau of Mines Schedule 2D, May 23, 1936; equipment was initially approved, or, if
Bureau of Mines Schedule 2E, February 15, the equipment has been modified, it is
1945; maintained so as to meet the require-
Bureau of Mines Schedule 2F, August 3, 1955; ments of the schedule under which
and such modification was approved.
Bureau of Mines Schedule 2G, March 19, 1968.
(b) Electric face equipment bearing
Copies of these schedules are available the Bureau of Mines approval number
at all MSHA Coal Mine Safety and listed in Appendix A of this subpart
Health district offices. will be considered to be in permissible
(c) Electric driven mine equipment condition only if it is maintained so as
and accessories bearing the Bureau of to meet the requirements for permissi-
Mines approval numbers listed in Ap- bility set forth in Bureau of Mines
pendix A to this subpart are permis- Schedule 2D or, if such equipment has
sible electric face equipment only if been modified, it is maintained so as to
they are maintained in a permissible meet the requirements of the schedule
condition. under which the modification was ap-
(d) The following equipment will be
proved.
permissible electric face equipment
only if it is approved under the appro- (c) Notwithstanding the provisions of
priate parts of this chapter, or former paragraphs (a) and (b) of this section,
Bureau of Mines’ approval schedules, where the minimum requirements for
and if it is in permissible condition: permissibility set forth in the appro-
(1) Multiple-Shot Blasting Units, part priate Bureau of Mines schedule under
7 subpart D; which such equipment or modifications
(2) Electric Cap Lamps, part 19; were approved have been superseded by
(3) Electric Mine Lamps Other than the requirements of this Part 75, the
Standard Cap Lamps, part 20; latter requirements shall be applicable.
567
§ 75.507 30 CFR Ch. I (7–1–20 Edition)
§ 75.507 Power connection points. § 75.508–1 Mine tracks.

When mine track is used as a con-
[STATUTORY PROVISIONS]
ductor of a trolley system, the location
Except where permissible power con- of such track shall be shown on the
nection units are used, all power-con- map required by § 75.508, with a nota-
nection points outby the last open tion of the number of rails and the size
crosscut shall be in intake air. of such track expressed in pounds per
yard.
§ 75.507–1 Electric equipment other
than power-connection points; § 75.508–2 Changes in electric system
outby the last open crosscut; return map; recording.
air; permissibility requirements. Changes made in the location, elec-
(a) All electric equipment, other than trical rating or setting within the mine
power-connection points, used in re- electrical system shall be recorded on
turn air outby the last open crosscut in the map of such system no later than
any coal mine shall be permissible ex- the end of the next workday following
cept as provided in paragraphs (b) and completion of such changes.
(c) of this section.
(b) Notwithstanding the provisions of § 75.509 Electric power circuit and
paragraph (a) of this section, in any electric equipment; deenergization.
coal mine where nonpermissible elec- [STATUTORY PROVISIONS]
tric face equipment may be taken into
or used inby the last open crosscut All power circuits and electric equip-
until March 30, 1974, such nonpermis- ment shall be deenergized before work
sible electric face equipment may be is done on such circuits and equipment,
used in return air outby the last open except when necessary for trouble
crosscut. shooting or testing.
(c) Notwithstanding the provisions of
paragraph (a) of this section, in any § 75.510 Energized trolley wires; re-
coal mine where a permit for non- pair.
compliance is in effect, nonpermissible [STATUTORY PROVISIONS]
electric face equipment specified in
such permit for noncompliance may be Energized trolley wires may be re-
used in return air outby the last open paired only by a person trained to per-
crosscut for the duration of such perform electrical work and to maintain
mit. electrical equipment and the operator
of a mine shall require that such per-
[38 FR 4975, Feb. 23, 1973]
son wear approved and tested insulated
§ 75.508 Map of electrical system. shoes and wireman’s gloves.
§ 75.510–1 Repair of energized trolley
[STATUTORY PROVISIONS] wires; training.
The location and the electrical rating The training referred to in § 75.510
of all stationary electric apparatus in must include training in the repair and
connection with the mine electric sys- maintenance of live trolley wires, and
tem, including permanent cables, in the hazards involved in making such
switchgear, rectifying substations, repairs, and in the limitations of pro-
transformers, permanent pumps, and tective clothing used to protect against
trolley wires and trolley feeder wires, such hazards.
and settings of all direct-current cir-
cuit breakers protecting underground § 75.511 Low-, medium-, or high-volt-
trolley circuits, shall be shown on a age distribution circuits and equip-
mine map. Any changes made in a loca- ment; repair.
tion, electric rating, or setting shall be
[STATUTORY PROVISION]
promptly shown on the map when the
change is made. Such map shall be No electrical work shall be performed
available to an authorized representa- on low-, medium-, or high-voltage dis-
tive of the Secretary and to the miners tribution circuits or equipment, except
in such mine. by a qualified person or by a person
568
trained to perform electrical work and sulting from normal operation will not
to maintain electrical equipment under damage the insulating materials.
the direct supervision of a qualified
person. Disconnecting devices shall be § 75.513–1 Electric conductor; size.
locked out and suitably tagged by the An electric conductor is not of suffi-
persons who perform such work, except cient size to have adequate carrying
that in cases where locking out is not
capacity if it is smaller than is pro-
possible, such devices shall be opened
vided for in the National Electric Code,
and suitably tagged by such persons.
Locks or tags shall be removed only by 1968. In addition, equipment and trail-
the persons who installed them or, if ing cables that are required to be per-
such persons are unavailable, by permissible must meet the requirements
sons authorized by the operator or his of the appropriate schedules of the Bu-
agent. reau of Mines.
§ 75.511–1 Qualified person. § 75.514 Electrical connections or

To be a qualified person within the splices; suitability.
meaning of § 75.511, an individual must [STATUTORY PROVISION]
meet the requirements of § 75.153.
All electrical connections or splices
§ 75.512 Electric equipment; examina- in conductors shall be mechanically
tion, testing and maintenance.
and electrically efficient, and suitable
[STATUTORY PROVISION] connectors shall be used. All electrical
connections or splices in insulated wire
All electric equipment shall be fre- shall be reinsulated at least to the
quently examined, tested, and properly
same degree of protection as the re-
maintained by a qualified person to as-
mainder of the wire.
sure safe operating conditions. When a
potentially dangerous condition is § 75.515 Cable fittings; suitability.
found on electric equipment, such
equipment shall be removed from serv- [STATUTORY PROVISION]
ice until such condition is corrected. A
record of such examinations shall be Cables shall enter metal frames of
kept and made available to an author- motors, splice boxes, and electric com-
ized representative of the Secretary partments only through proper fit-
and to the miners in such mine. tings. When insulated wires other than
[35 FR 17890, Nov. 20, 1970, as amended at 60 cables pass through metal frames, the
FR 33723, June 29, 1995] holes shall be substantially bushed
with insulated bushings.
§ 75.512–1 Qualified person.
To be a qualified person within the § 75.516 Power wires; support.
meaning of § 75.512, an individual must
meet the requirements of § 75.153. [STATUTORY PROVISION]
All power wires (except trailing ca-
§ 75.512–2 Frequency of examinations.
bles on mobile equipment, specially de-
The examinations and tests required signed cables conducting high-voltage
by § 75.512 shall be made at least week- power to underground rectifying equip-
ly. Permissible equipment shall be ex- ment or transformers, or bare or insu-
amined to see that it is in permissible lated ground and return wires) shall be
condition.
supported on well-insulated insulators
§ 75.513 Electric conductor; capacity and shall not contact combustible ma-
and insulation. terial, roof, or ribs.
[STATUTORY PROVISION] § 75.516–1 Installed insulators.

All electric conductors shall be suffi- Well-insulated insulators is inter-
cient in size and have adequate current preted to mean well-installed
carrying capacity and be of such con- insulators. Insulated J-hooks may be

struction that a rise in temperature re- used to suspend insulated power cables
569
§ 75.516–2 30 CFR Ch. I (7–1–20 Edition)
for temporary installation not exceed- power wires and cables installed prior
ing 6 months and for permanent instal- to March 30, 1970, shall be filed with
lation of control cables such as may be the District Manager of the Coal Mine
used along belt conveyors. Safety District in which the mine is lo-
cated to permit approval and prompt
§ 75.516–2 Communication wires and
implementation of such plans.
cables; installation; insulation; sup-
port. (b) The appropriate District Manager
shall notify the operator in writing of
(a) All communication wires shall be
the approval of a proposed insulation
supported on insulated hangers or insu-
lated J-hooks. plan. If revisions are required for ap-
(b) All communication cables shall be proval, the changes required will be
insulated as required by § 75.517–1, and specified.
shall either be supported on insulated (c) An insulation plan shall include
or uninsulated hangers or J-hooks, or the following information:
securely attached to messenger wires, (1) Name and address of the company,
or buried, or otherwise protected the mine and the responsible officials;
against mechanical damage in a man- (2) Map or diagram indicating loca-
ner approved by the Secretary or his tion of power wires and cables required
authorized representative. to be insulated;
(c) All communication wires and ca- (3) Total length of bare power wires
bles installed in track entries shall, ex- and cables required to be insulated;
cept when a communication cable is (4) Schedule for the replacement or
buried in accordance with paragraph insulation of bare power wires and ca-
(b) of this section, be installed on the
bles;
side of the entry opposite to trolley
(5) Type of insulation to be used and
wires and trolley feeder wires. Addi-
tional insulation shall be provided for the voltage rating as indicated by the
communication circuits at points manufacturer.
where they pass over or under any (d) The District Manager shall be
power conductor. guided by the following criteria in ap-
(d) For purposes of this section, com- proving insulation plans on a mine-by-
munication cable means two or more mine basis. Insulation not conforming
insulated conductors covered by an ad- to these criteria may be approved pro-
ditional abrasion-resistant covering. vided the operator can satisfy the Mine
Safety and Health Administration that
[38 FR 4975, Feb. 23, 1973]
the insulation will provide no less than
§ 75.517 Power wires and cables; insu- the same measure of protection.
lation and protection. (1) Insulation shall be adequate for
the applied voltage of the circuit.
[STATUTORY PROVISIONS] (2) When tubing is used to insulate
Power wires and cables, except trol- existing power wires and cables, it
ley wires, trolley feeder wires, and bare shall have a dielectric strength at least
signal wires, shall be insulated ade- equal to the voltage of the circuit.
quately and fully protected. When the tubing is split for purposes of
installation, the joints shall be effec-
§ 75.517–1 Power wires and cables; in- tively sealed. The butt ends may be
sulation and protection.
sealed with a moisture resistant insu-
Power wires and cables installed on lating tape.
or after March 30, 1970, shall have insu- (3) When tape is used to insulate ex-
lation with a dielectric strength at isting power wires and cables, it shall
least equal to the voltage of the cir- be applied half-lapped and one thick-
cuit.
ness of the tape shall have a dielectric
§ 75.517–2 Plans for insulation of exist- strength at least equal to the voltage
ing bare power wires and cables. of the circuit. The tape shall be self-ad-
(a) On or before December 31, 1970, hesive and moisture resistant.

plans for the insulation of existing bare
570
§ 75.518 Electric equipment and cir- § 75.519–1 Main power circuits; dis-
cuits; overload and short circuit connecting switches; locations.
protection. Section 75.519 requires (a) that a dis-
connecting switch be installed on the
surface at a point within 500 feet of the
Automatic circuit-breaking devices place where the main power circuit en-
or fuses of the correct type and capac- ters the underground area of a mine,
ity shall be installed so as to protect and (b) that, in an instance on which a
all electric equipment and circuits main power circuit enters the under-
against short circuit and overloads. ground area through a shaft or bore-
Three-phase motors on all electric hole, a disconnecting switch be in-
equipment shall be provided with over- stalled underground within 500 feet of
the bottom of the shaft or borehole.
load protection that will deenergize all
three phases in the event that any § 75.520 Electric equipment; switches.
phase is overloaded.
§ 75.518–1 Electric equipment and cir-
cuits; overload and short circuit All electric equipment shall be pro-
protection; minimum requirements. vided with switches or other controls
that are safely designed, constructed,
A device to provide either short cir- and installed.
cuit protection or protection against
overload which does not conform to the § 75.521 Lightning arresters;
provisions of the National Electric ungrounded and exposed power
Code, 1968, does not meet the require- conductors and telephone wires.
ment of § 75.518. In addition, such de- Each ungrounded, exposed power con-
vices on electric face equipment and ductor and each ungrounded, exposed
trailing cables that are required to be telephone wire that leads underground
permissible must meet the require- shall be equipped with suitable light-
ments of the applicable schedules of ning arresters of approved type within
the Bureau of Mines. 100 feet of the point where the circuit
enters the mine. Lightning arresters
§ 75.518–2 Incandescent lamps, over- shall be connected to a low resistance
load and short circuit protection. grounding medium on the surface
Incandescent lamps installed along which shall be separated from neutral
haulageways and at other locations, grounds by a distance of not less than
not contacting combustible material, 25 feet.
and powered from trolley or direct cur- [38 FR 4975, Feb. 23, 1973]
rent feeder circuits, need not be pro-
vided with separate short circuit or § 75.522 Lighting devices.
overload protection, if the lamp is not
more than 8 feet in distance from such
circuits. No device for the purpose of lighting
any coal mine which has not been ap-
§ 75.519 Main power circuits; dis- proved by the Secretary or his author-
connecting switches. ized representative shall be permitted
in such mine.
§ 75.522–1 Incandescent and fluores-
In all main power circuits, dis- cent lamps.
connecting switches shall be installed
(a) Except for areas of a coal mine
underground within 500 feet of the bot-
inby the last open crosscut, incandes-
toms of shafts and boreholes through
cent lamps may be used to illuminate
which main power circuits enter the underground areas. When incandescent
underground area of the mine and lamps are used in a track entry or belt
within 500 feet of all other places where entry or near track entries to illu-
main power circuits enter the under- minate special areas other than struc-
ground area of the mine. tures, the lamps shall be installed in
571
§ 75.523 30 CFR Ch. I (7–1–20 Edition)
weather-proof sockets located in posi- (c) An operator may apply to the Di-
tions such that the lamps will not rector of Technical Support, Mine
come in contact with any combustible Safety and Health Administration, De-
material. Lamps used in all other partment of Labor, 201 12th Street
places must be of substantial construc- South, Arlington, VA 22202–5452; 202–
tion and be fitted with a glass enclo- 693–9440; for approval of the installa-
sure. tion of devices to be used in lieu of de-
(b) Incandescent lamps within glass vices that will quickly deenergize the
enclosures or fluorescent lamps may be tramming motors of self-propelled elec-
used inside underground structures (ex- tric face equipment in the event of an
cept magazines used for the storage of emergency. The Director of Technical
explosives and detonators). In under-
Support may approve such devices if he
ground structures lighting circuits
determines that the performance there-
shall consist of cables installed on
insulators or insulated wires installed of will be no less effective than the per-
in metallic conduit or metallic armor. formance requirements specified in
§ 75.523–2.
§ 75.523 Electric face equipment; [38 FR 3407, Feb. 6, 1973, as amended at 39 FR
deenergization. 27557, July 30, 1974; 43 FR 12320, Mar. 24, 1978;
47 FR 28096, June 29, 1982; 67 FR 38386, June
4, 2002; 80 FR 52992, Sept. 2, 2015]
An authorized representative of the
Secretary may require in any mine § 75.523–2 Deenergization of self-pro-
that electric face equipment be propelled electric face equipment; per-
vided with devices that will permit the formance requirements.
equipment to be deenergized quickly in (a) Deenergization of the tramming
the event of an emergency. motors of self-propelled electric face
equipment, required by paragraph (a)
§ 75.523–1 Deenergization of self-pro-
pelled electric face equipment in- of § 75.523–1, shall be provided by:
stallation requirements. (1) Mechanical actuation of an exist-
ing pushbutton emergency stopswitch,
(a) Except as provided in paragraphs
(2) Mechanical actuation of an exist-
(b) and (c) of this section, all self-pro-
pelled electric face equipment which is ing lever emergency stopswitch, or
used in the active workings of each un- (3) The addition of a separate
derground coal mine on and after electromechanical switch assembly.
March 1, 1973, shall, in accordance with (b) The existing emergency
the schedule of time specified in para- stopswitch or additional switch assem-
graphs (a) (1) and (2) of this section, be bly shall be actuated by a bar or lever
provided with a device that will quick- which shall extend a sufficient distance
ly deenergize the tramming motors of in each direction to permit quick
the equipment in the event of an emer- deenergization of the tramming motors
gency. The requirements of this para- of self-propelled electric face equip-
graph (a) shall be met as follows: ment from all locations from which the
(1) On and after December 15, 1974, for equipment can be operated.
self-propelled cutting machines, shut- (c) Movement of not more than 2
tle cars, battery-powered machines, inches of the actuating bar or lever re-
and roof drills and bolters; sulting from the application of not
(2) On and after February 15, 1975, for more than 15 pounds of force upon con-
all other types of self-propelled electric tact with any portion of the equipment
face equipment.
operator’s body at any point along the
(b) Self-propelled electric face equip-
length of the actuating bar or lever
ment that is equipped with a substan-
shall cause deenergization of the
tially constructed cab which meets the
requirements of this part, shall not be tramming motors of the self-propelled
required to be provided with a device electric face equipment.
that will quickly deenergize the
[38 FR 3406, Feb. 6, 1973; 38 FR 4394, Feb. 14,

tramming motors of the equipment in 1973]
the event of an emergency.
572
Mine Safety and Health Admin., Labor Pt. 75, Subpt. F, App. A
§ 75.523–3 Automatic emergency-park- shall be applied when the equipment

ing brakes. operator is not at the controls of the
(a) Except for personnel carriers, rub- equipment, except during movement of
ber-tired, self-propelled electric haul- disabled equipment.
age equipment used in the active work- [54 FR 12412, Mar. 24, 1989]
ings of underground coal mines shall be
equipped with automatic emergency- § 75.524 Electric face equipment; elec-
parking brakes in accordance with the tric equipment used in return air
following schedule. outby the last open crosscut; max-
(1) On and after May 23, 1989— imum level of alternating or direct
electric current between frames of
(i) All new equipment ordered; and equipment.
(ii) All equipment originally fur-
nished with or retrofitted with auto- The maximum level of alternating or
matic emergency-parking brakes which direct electric current that exists be-
meet the requirements of this section. tween the frames of any two units of
(2) On and after May 23, 1991, all electric face equipment that come in
other equipment. contact with each other in the working
(b) Automatic emergency-parking places of a coal mine, or between the
brakes shall— frames of any two units of electric
(1) Be activated immediately by the equipment that come in contact with
emergency deenergization device re- each other in return air outby the last
quired by 30 CFR 75.523–1 and 75.523–2; open crosscut, shall not exceed one am-
(2) Engage automatically within 5.0 pere as determined from the voltage
seconds when the equipment is deener- measured across a 0.1 ohm resistor con-
gized; nected between the frames of such
(3) Safely bring the equipment when equipment.
fully loaded to a complete stop on the [38 FR 29998, Oct. 31, 1973]
maximum grade on which it is oper-
ated; APPENDIX A TO SUBPART F OF PART 75—
(4) Hold the equipment stationary de- LIST OF PERMISSIBLE ELECTRIC
spite any contraction of brake parts, FACE EQUIPMENT APPROVED BY THE
exhaustion of any non-mechanical BUREAU OF MINES PRIOR TO MAY 23,
source of energy, or leakage; and 1936
(5) Release only by a manual control Motor-Driven Mine Equipment
that does not operate any other equip- (Approved Under Schedules 2, 2A, 2B, and 2C)
ment function.
(c) Automatic emergency-parking Approval No. Date
brakes shall include a means in the AIR COMPRESSORS
equipment operator’s compartment
to— 128 .................................. March 21, 1927.
128A ................................ July 16, 1926.
(1) Apply the brakes manually with-
out deenergizing the equipment; and COAL DRILLS AND DRILLING MACHINES
(2) Release and reengage the brakes Hand Drills
without energizing the equipment.
(d) On and after November 24, 1989, 109 .................................. September 19, 1922.
154 .................................. August 1, 1928.
rubber-tired, self-propelled electric 184 .................................. February 7, 1930.
face equipment not covered by para- 227 .................................. July 29, 1931.
graph (a) of this section shall be 254 .................................. July 15, 1933.
equipped with a means incorporated on Post Drills
the equipment and operable from each
tramming station to hold the equip- 119 .................................. April 15, 1925.
ment stationary— 119A ................................ Do.
225 .................................. July 10, 1931.
(1) On the maximum grade on which 225A ................................ Do.
it is operated; and 228 .................................. August 12, 1931.
(2) Despite any contraction of compo- 228A ................................ February 17, 1932.
nents, exhaustion of any non-mechan- 230 .................................. August 20, 1931.
230A ................................ Do.
ical source of energy, or leakage.
237 .................................. December 1, 1931.

(e) The brake systems required by 237A ................................ Do.
paragraphs (a) or (d) of this section
573
Pt. 75, Subpt. F, App. A 30 CFR Ch. I (7–1–20 Edition)
Motor-Driven Mine Equipment Motor-Driven Mine Equipment
(Approved Under Schedules 2, 2A, 2B, and 2C) (Approved Under Schedules 2, 2A, 2B, and 2C)
Approval No. Date Approval No. Date
Drilling Machines Power Units for Conveyors
147 .................................. February 8, 1928. 265 .................................. February 12, 1934.

147A ................................ Do. 265A ................................ March 19, 1934.
176 .................................. September 9, 1929. 390A ................................ March 23, 1934.
176A ................................ Do.
Shaker Type
LOADING AND CONVEYING EQUIPMENT
247 .................................. October 21, 1932.
LOADING MACHINES
257A ................................ August 11, 1933.
Unmounted Type 262A ................................ December 8, 1933.
271 .................................. May 20, 1935.
122 .................................. January 8, 1926. 271A ................................ October 17, 1934.
122A ................................ Do. 274A ................................ December 13, 1934.
286A ................................ March 12, 1935.
Caterpillar-Mounted Type 295 .................................. September 20, 1935.
299A ................................ April 9, 1936.
150 .................................. May 11, 1928.
186 .................................. March 15, 1930. Scraper-type Loaders
222 .................................. May 8, 1931.
222A ................................ July 28, 1931. 138 .................................. August 5, 1927.
229 .................................. August 17, 1931. 138A ................................ Do.
229A ................................ Do. 196 .................................. September 29, 1930.
235 .................................. November 27, 1931. 196A ................................ July 26, 1930.
235A ................................ October 29, 1931. 226 .................................. July 27, 1931.
278 .................................. January 17, 1935. 255 .................................. July 31, 1933.
278A ................................ Do. 256 .................................. Do.
283A ................................ March 12, 1935.
284A ................................ Do. MINING MACHINES, MACHINERY-MOVING EQUIPMENT,
285A ................................ Do. MISCELLANEOUS TRUCKS, AND WATER SPRAY SUPPLY UNITS
294 .................................. September 18, 1935. MINING MACHINES
300A ................................ May 6, 1936. Shortwall Machines
127 .................................. July 16, 1926.
127A ................................ September 23, 1927. 103 .................................. November 2, 1917.
103A ................................ Do.
Track-Mounted Type 105 .................................. February 9, 1922.
105A ................................ Do.
194 .................................. June 6, 1930. 106 .................................. Do.
194A ................................ Do. 106A ................................ Do.
217 .................................. February 27, 1931. 107 .................................. Do.
217A ................................ Do. 107A ................................ Do.
276 .................................. January 11, 1935. 108 .................................. Do.
277 .................................. January 17, 1935. 108A ................................ Do.
282A ................................ March 12, 1935. 111 .................................. October 16, 1922.
291A ................................ July 3, 1935. 111A ................................ Do.
113 .................................. November 4, 1924.
Pit-Car Loaders 113A ................................ Do.
114 .................................. February 7, 1925.
167 .................................. March 27, 1929. 114A ................................ Do.
167A ................................ Do. 115 .................................. Do.
175 .................................. July 26, 1929. 115A ................................ Do.
175A ................................ June 24, 1929. 153 .................................. July 31, 1928.
250 .................................. December 10, 1932. 153A ................................ Do.
250A ................................ Do. 193 .................................. June 3, 1930.
252A ................................ February 20, 1933. 193A ................................ Do.
197 .................................. July 31, 1930.
CONVEYORS 197A ................................ Do.
Belt Type 198 .................................. August 1, 1930.
198A ................................ Do.
236 .................................. November 19, 1931. 201 .................................. September 8, 1930.
287A ................................ March 12, 1935. 201A ................................ Do.
296A ................................ January 6, 1936. 204 .................................. October 13, 1930.
204A ................................ December 13, 1930.
Chain Type 223 .................................. May 13, 1931.
223A ................................ Do.
151 .................................. May 19, 1928. 241 .................................. March 18, 1932.
209 .................................. December 2, 1930. 241A ................................ Do.
240 .................................. March 12, 1932. 258 .................................. August 15, 1933.
240A ................................ Do. 259A ................................ August 16, 1933.

298A ................................ March 3, 1936. 260A ................................ August 17, 1933.
273 .................................. November 30, 1934.
574
Mine Safety and Health Admin., Labor Pt. 75, Subpt. F, App. A
Motor-Driven Mine Equipment Motor-Driven Mine Equipment
(Approved Under Schedules 2, 2A, 2B, and 2C) (Approved Under Schedules 2, 2A, 2B, and 2C)
Approval No. Date Approval No. Date
288 .................................. March 27, 1935. Rock-Dusting Machines

288A ................................ Do.
292 .................................. September 11, 1935. 130 .................................. November 5, 1926.
292A ................................ Do. 137 .................................. July 2, 1927.
293A ................................ Do. 146 .................................. January 20, 1928.
146A ................................ April 3, 1928.
Longwall Machines 180 .................................. October 30, 1929.
180A ................................ January 17, 1930.
185 .................................. February 24, 1930. 206 .................................. November 12, 1930.
185A ................................ Do. 279 .................................. February 14, 1935.
218 .................................. March 10, 1931.
218A ................................ Do. Room and Car-Spotting Hoists
246 .................................. August 19, 1932.
246A ................................ Do. 116 .................................. February 13, 1925.
261 .................................. September 12, 1933. 116A ................................ Do.
164 .................................. January 21, 1931.
Track or caterpillar mounted 164A ................................ Do.
165 .................................. Do.
112 .................................. March 13, 1924. 165A ................................ Do.
112A ................................ Do. 169 .................................. April 5, 1929.
118 .................................. March 12, 1925. 169A ................................ February 26, 1934.
118A ................................ Do. 190 .................................. April 20, 1930.
125 .................................. April 26, 1926. 251A ................................ January 16, 1933.
125A ................................ Do. 263 .................................. January 11, 1934.
172 .................................. April 30, 1929. 266A ................................ February 27, 1934.
172A ................................ Do.
188 .................................. April 15, 1930. STORAGE-BATTERY LOCOMOTIVES AND POWER TRUCKS
188A ................................ Do.
207 .................................. November 14, 1930. (Approved under Schedules 15, 2C, 2D, and 2E)
207A ................................ Do. Gathering Locomotives
216 .................................. February 12, 1931.
216A ................................ Do. 1501 ................................ October 11, 1921.
231 .................................. August 31, 1931. 1502 ................................ November 13, 1922.
231A ................................ Do. 1503 ................................ March 24, 1923.
242 .................................. April 7, 1932. 1505 ................................ April 5, 1924.
244 .................................. June 18, 1932. 1507 ................................ August 20, 1925.
244A ................................ September 20, 1932. 1508 ................................ March 21, 1925.
253A ................................ February 25, 1933. 1509 ................................ September 25, 1925.
267 .................................. June 27, 1934. 1511 ................................ November 10, 1925.
268A ................................ July 25, 1934. 1512 ................................ November 11, 1925.
269A ................................ September 24, 1934. 1513 ................................ February 25, 1926.
280A ................................ March 4, 1935. 1516 ................................ December 28, 1926.
297 .................................. January 27, 1936. 1517 ................................ February 10, 1927.
297A ................................ Do. 1520 ................................ May 27, 1929.
1521 ................................ June 13, 1930.
Mine Pumps 1522 ................................ September 12, 1930.
1523 ................................ December 19, 1930.
140 .................................. November 1, 1927. 1525 ................................ July 25, 1934.
140A ................................ Do. 1526 ................................ December 20, 1935.
143 .................................. Do.
143A ................................ Do. Tandem Locomotive
144 .................................. Do.
144A ................................ Do. 1518 ................................ November 21, 1927.
199 .................................. August 18, 1930.
199A ................................ Do. Power Trucks
208 .................................. November 29, 1930.
210 .................................. December 15, 1930. 1506 ................................ May 5, 1924.
210A ................................ Do. 1505A .............................. June 21, 1926.
211 .................................. December 17, 1930. 1510C ............................. December 31, 1926.
211A ................................ Do. 1514 ................................ December 18, 1926.
213 .................................. December 29, 1930. 1515 ................................ December 28, 1926.
213A ................................ Do. 1512C ............................. September 13, 1928.
214 .................................. January 2, 1931. 1519C ............................. April 6, 1929.
214A ................................ Do. 1524C ............................. June 25, 1934.
215 .................................. Do.
215A ................................ Do. JUNCTION, DISTRIBUTION, AND SPLICE BOXES
248 .................................. October 31, 1932.
(Approved under Schedules 2D and 2E)
248A ................................ November 23, 1932.
264 .................................. January 31, 1934. Junction Boxes
264A ................................ Do.
272 .................................. October 23, 1934. 400 .................................. June 16, 1928.
272A ................................ Do. 400A ................................ August 5, 1925.
401 .................................. May 11, 1927.
575
§ 75.600 30 CFR Ch. I (7–1–20 Edition)
Motor-Driven Mine Equipment Maximum allowable
(Approved Under Schedules 2, 2A, 2B, and 2C) circuit breaker in-
Conductor size AWG or MGM stantaneous setting
Approval No. Date (amperes)
401A ................................ Do. 14 ......................................................... 50

402 .................................. Do. 12 ......................................................... 75
402A ................................ Do. 10 ......................................................... 150
403 .................................. April 14, 1931. 8 ........................................................... 200
403A ................................ Do. 6 ........................................................... 300
405A ................................ December 4, 1933. 4 ........................................................... 500
3 ........................................................... 600
2 ........................................................... 800
1 ........................................................... 1,000
Subpart G—Trailing Cables 1/0 ........................................................ 1,250
2/0 ........................................................ 1,500
§ 75.600 Trailing cables; flame resist- 3/0 ........................................................ 2,000
ance. 4/0 ........................................................ 2,500
250 ....................................................... 2,500
300 ....................................................... 2,500
[STATUTORY PROVISIONS] 350 ....................................................... 2,500
400 ....................................................... 2,500
Trailing cables used in coal mines 450 ....................................................... 2,500
shall meet the requirements estab- 500 ....................................................... 2,500
lished by the Secretary for flame-re-
sistant cables. § 75.601–2 Short circuit protection; use
of fuses; approval by the Secretary.
§ 75.600–1 Approved cables; flame re-
sistance. Fuses shall not be employed to pro-
Cables shall be accepted or approved vide short circuit protection for trail-
by MSHA as flame resistant. ing cables unless specifically approved
by the Secretary.
[57 FR 61223, Dec. 23, 1992]
§ 75.601–3 Short circuit protection;
§ 75.601 Short circuit protection of dual element fuses; current ratings;
trailing cables. maximum values.
[STATUTORY PROVISIONS] Dual element fuses having adequate
current-interrupting capacity shall
Short circuit protection for trailing meet the requirements for short circuit
cables shall be provided by an auto- protection of trailing cables as pro-
matic circuit breaker or other no less vided in § 75.601, however, the current
effective device approved by the Sec- ratings of such devices shall not exceed
retary of adequate current-inter- the maximum values specified in this
rupting capacity in each ungrounded section:
conductor. Disconnecting devices used
Single conductor Two conductor
to disconnect power from trailing ca- cable cable
bles shall be plainly marked and iden- Conductor size
(AWG or MGM) Max. Max.
tified and such devices shall be Ampacity fuse Ampacity fuse
equipped or designed in such a manner rating rating
that it can be determined by visual ob- 14 ......................... ............... ............ 15 15
servation that the power is discon- 12 ......................... ............... ............ 20 20
nected. 10 ......................... ............... ............ 25 25
8 ........................... 60 60 50 50
§ 75.601–1 Short circuit protection; rat- 6 ........................... 85 90 65 70
4 ........................... 110 110 90 90
ings and settings of circuit break- 3 ........................... 130 150 105 110
ers. 2 ........................... 150 150 120 125
Circuit breakers providing short cir- 1 ........................... 170 175 140 150
1/0 ........................ 200 200 170 175
cuit protection for trailing cables shall 2/0 ........................ 235 250 195 200
be set so as not to exceed the max- 3/0 ........................ 275 300 225 225
imum allowable instantaneous settings 4/0 ........................ 315 350 260 300
250 ....................... 350 350 285 300
specified in this section; however, high- 300 ....................... 395 400 310 350
er settings may be permitted by an au- 350 ....................... 445 450 335 350
thorized representative of the Sec- 400 ....................... 480 500 360 400
retary when he has determined that 450 ....................... 515 600 385 400
500 ....................... 545 600 415 450
special applications are justified:
576
§ 75.602 Trailing cable junctions. cables from damage and to prevent

strain on the electrical connections.
§ 75.606 Protection of trailing cables.
When two or more trailing cables
junction to the same distribution cen- [STATUTORY PROVISIONS]
ter, means shall be provided to assure
against connecting a trailing cable to Trailing cables shall be adequately
the wrong size circuit breaker. protected to prevent damage by mobile
equipment.
§ 75.603 Temporary splice of trailing
cable. § 75.607 Breaking trailing cable and
power cable connections.
One temporary splice may be made in
any trailing cable. Such trailing cable Trailing cable and power cable con-
may only be used for the next 24-hour nections to junction boxes shall not be
period. No temporary splice shall be made or broken under load.
made in a trailing cable within 25 feet
of the machine, except cable reel equip- Subpart H—Grounding
ment. Temporary splices in trailing ca-
bles shall be made in a workmanlike § 75.700 Grounding metallic sheaths,
manner and shall be mechanically armors, and conduits enclosing
power conductors.
strong and well insulated. Trailing ca-
bles or hand cables which have exposed [STATUTORY PROVISIONS]
wires or which have splices that heat
or spark under load shall not be used. All metallic sheaths, armors, and
As used in this section, the term conduits enclosing power conductors
‘‘splice’’ means the mechanical joining shall be electrically continuous
of one or more conductors that have throughout and shall be grounded by
been severed. methods approved by an authorized
representative of the Secretary.
§ 75.604 Permanent splicing of trailing
cables. § 75.700–1 Approved methods of
grounding.
[STATUTORY PROVISIONS] Metallic sheaths, armors and con-
When permanent splices in trailing duits in resistance grounded systems
cables are made, they shall be: where the enclosed conductors are a
(a) Mechanically strong with ade- part of the system will be approved if a
quate electrical conductivity and flexi- solid connection is made to the neutral
bility; conductor; in all other systems, the
(b) Effectively insulated and sealed following methods of grounding will be
so as to exclude moisture; and approved:
(c) Vulcanized or otherwise treated (a) A solid connection to a borehole
with suitable materials to provide casing having low resistance to earth;
flame-resistant qualities and good (b) A solid connection to metal
bonding to the outer jacket. waterlines having low resistance to
earth;
(d) Made using splice kits accepted or
approved by MSHA as flame resistant. (c) A solid connection to a grounding
conductor, other than the neutral con-
[35 FR 17890, Nov. 20, 1970, as amended at 57 ductor of a resistance grounded sys-
FR 61223, Dec. 23, 1992] tem, extending to a low resistance
ground field located on the surface;
§ 75.605 Clamping of trailing cables to (d) Any other method of grounding,
equipment.
approved by an authorized representa-
[STATUTORY PROVISIONS] tive of the Secretary, which ensures
that there is no difference in potential
Trailing cables shall be clamped to between such metallic enclosures and

machines in a manner to protect the the earth.
577
§ 75.701 30 CFR Ch. I (7–1–20 Edition)
§ 75.701 Grounding metallic frames, § 75.701–3 Approved methods of

casings, and other enclosures of grounding metallic frames, casings
electric equipment. and other enclosures of electric
equipment receiving power from di-
[STATUTORY PROVISIONS] rect current power systems with
Metallic frames, casings, and other one polarity grounded.
enclosures of electric equipment that For the purpose of grounding metal-
can become ‘‘alive’’ through failure of lic frames, casings and enclosures of
insulation or by contact with energized any electric equipment or device-re-
parts shall be grounded by methods ap- ceiving power from a direct-current
proved by an authorized representative power system with one polarity
of the Secretary. grounded, the following methods of
§ 75.701–1 Approved methods of grounding will be approved:
grounding of equipment receiving (a) A solid connection to the mine
power from ungrounded alternating track;
current power systems. (b) A solid connection to the ground-
For purposes of grounding metallic ed power conductor of the system;
frames, casings and other enclosures of (c) Silicon diode grounding; however,
equipment receiving power from this method shall be employed only
ungrounded alternating current power when such devices are installed in ac-
systems, the following methods of cordance with the requirements set
grounding will be approved: forth in paragraph (d) of § 75.703–3; and
(a) A solid connection between the (d) Any other method, approved by
metallic frame, casing, or other metal an authorized representative of the
enclosure and the grounded metallic
Secretary, which insures that there is
sheath, armor, or conduit enclosing the
no difference in potential between such
power conductor feeding the electrical
equipment enclosed; metal enclosures and the earth.
(b) A solid connection to a borehole
§ 75.701–4 Grounding wires; capacity
casing having low resistance to earth; of wires.
(c) A solid connection to metal
waterlines having low resistance to Where grounding wires are used to
earth; ground metallic sheaths, armors, con-
(d) A solid connection to a grounding duits, frames, casings, and other metal-
conductor extending to a low resist- lic enclosures, such grounding wires
ance ground field located on the sur- will be approved if:
face; (a) The cross-sectional area (size) of
(e) Any other method of grounding, the grounding wire is at least one-half
approved by an authorized representa- the cross-sectional area (size) of the
tive of the Secretary, which ensures power conductor where the power con-
that there is no difference in potential
ductor used is No. 6 A.W.G., or larger.
between such metal enclosures and the
earth. (b) Where the power conductor used
is less than No. 6 A.W.G., the cross-sec-
§ 75.701–2 Approved method of ground- tional area (size) of the grounding wire
ing metallic frames, casings and is equal to the cross-sectional area
other enclosures receiving power (size) of the power conductor.
from single-phase 110–220-volt cir-
cuit. § 75.701–5 Use of grounding connec-
In instances where single-phase 110– tors.
220-volt circuits are used to feed elec- The attachment of grounding wires
trical equipment, the only method of
to a mine track or other grounded
grounding that will be approved is the
power conductor will be approved if
connection of all metallic frames, cas-
separate clamps, suitable for such pur-
ings and other enclosures of such
equipment to a separate grounding pose, are used and installed to provide
conductor which establishes a contin- a solid connection.
uous connection to a grounded center

tap of the transformer.
578
§ 75.702 Protection other than ground- a medium is used, a separate grounding

ing. conductor must be employed.
[STATUTORY PROVISIONS] § 75.703–3 Approved methods of

grounding offtrack mobile, portable
Methods other than grounding which and stationary direct-current ma-
provide no less effective protection chines.
may be permitted by the Secretary or
In grounding offtrack direct-current
his authorized representative.
machines and the enclosures of their
§ 75.702–1 Protection other than component parts, the following meth-
grounding; approved by an author- ods of grounding will meet the require-
ized representative of the Sec- ments of § 75.703:
retary. (a) The use of a separate grounding
Under this subpart no method other conductor located within the trailing
than grounding may be used to ensure cable of mobile and portable equipment
against a difference in potential be- and connected between such equipment
tween metallic sheaths, armors and and the direct-current grounding me-
conduits, enclosing power conductors dium;
and frames, casings and metal enclo- (b) The use of a separate ground con-
sures of electric equipment, and the ductor located within the direct-cur-
earth, unless approved by an author- rent power cable feeding stationary
ized representative of the Secretary. equipment and connected between such
stationary equipment and the direct-
§ 75.703 Grounding offtrack direct-cur- current grounding medium;
rent machines and the enclosures of (c) The use of a separate external
related detached components. ground conductor connected between
stationary equipment and the direct-
[STATUTORY PROVISIONS] current grounding medium; or,
The frames of all offtrack direct-cur- (d) The use of silicon diodes; however,
rent machines and the enclosures of re- the installation of such devices shall
lated detached components shall be ef- meet the following minimum require-
fectively grounded, or otherwise main- ments:
tained at no less safe voltages, by (1) Installation of silicon diodes shall
methods approved by an authorized be restricted to electric equipment re-
representative of the Secretary. ceiving power from a direct-current
system with one polarity grounded;
§ 75.703–1 Approved method of ground- (2) Where such diodes are used on cir-
ing. cuits having a nominal voltage rating
In instances where the metal frames of 250, they must have a forward cur-
both of an offtrack direct-current ma- rent rating of 400 amperes or more, and
chine and of the metal frames of its have a peak inverse voltage rating of
component parts are grounded to the 400 or more;
same grounding medium the require- (3) Where such diodes are used on cir-
ments of § 75.703 will be met. cuits having a nominal voltage rating
of 550, they must have a forward cur-
§ 75.703–2 Approved grounding medi- rent rating of 250 amperes or more, and
ums. have a peak inverse voltage rating of
For purposes of grounding offtrack 800 or more;
direct-current machines, the following (4) Where fuses approved by the Sec-
grounding mediums are approved: retary are used at the outby end of a
(a) The grounded polarity of the di- trailing cable connected to electrical
rect-current power system feeding such equipment employing silicon diodes,
machines; or, the rating of such fuses must not ex-
(b) The alternating current ground- ceed 150 percent of the nominal current
ing medium where such machines are rating of the grounding diodes;
fed by an ungrounded direct-current (5) Where circuit breakers are used at
power system originating in a portable the outby end of a trailing cable con-
rectifier receiving its power from a sec- nected to electrical equipment employ-
tion power center. However, when such ing silicon diodes, the instantaneous
579
§ 75.703–4 30 CFR Ch. I (7–1–20 Edition)
trip setting shall not exceed 300 per- § 75.704–1 Approved methods of
cent of the nominal current rating of grounding.
the grounding diode; The methods of grounding stated in
(6) Overcurrent devices must be used § 75.701–1 will also be approved with re-
and installed in such a manner that the spect to the grounding of frames of
operating coil circuit of the main con- high-voltage equipment referred to in
tactor will open when a fault current § 75.704.
with a value of 25 percent or less of the
diode rating flows through the diode; § 75.705 Work on high-voltage lines;
(7) The silicon diode installed must deenergizing and grounding.
be suitable to the grounded polarity of [STATUTORY PROVISIONS]
the power system in which it is used
and its threaded base must be solidly High-voltage lines, both on the sur-
connected to the machine frame on face and underground, shall be deener-
which it is installed; gized and grounded before work is per-
(8) In addition to the grounding formed on them, except that repairs
diode, a polarizing diode must be in- may be permitted, in the case of ener-
stalled in the machine control circuit gized surface high-voltage lines, if such
to prevent operation of the machine repairs are made by a qualified person
when the polarity of a trailing cable is in accordance with procedures and
reversed; safeguards, including, but not limited
to, a requirement that the operator of
(9) When installed on permissible
such mine provide, test, and maintain
equipment, all grounding diodes, over-
protective devices in making such re-
current devices, and polarizing diodes
pairs, to be prescribed by the Secretary
must be placed in explosion proof com-
prior to March 30, 1970.
partments;
(10) When grounding diodes are in- § 75.705–1 Work on high-voltage lines.
stalled on a continuous miner, their (a) Section 75.705 specifically pro-
nominal diode current rating must be hibits work on energized high-voltage
at least 750 amperes or more; and, lines underground;
(11) All grounding diodes shall be (b) No high-voltage line, either on
tested, examined and maintained as the surface or underground, shall be re-
electrical equipment in accordance garded as deenergized for the purpose
with the provisions of § 75.512. of performing work on it, until it has
been determined by a qualified person
§ 75.703–4 Other methods of protecting (as provided in § 75.153) that such high-
offtrack direct-current equipment; voltage line has been deenergized and
approved by an authorized rep-
resentative of the Secretary. grounded. Such qualified person shall
by visual observation (1) determine
Other methods of maintaining safe that the disconnecting devices on the
voltage by preventing a difference be- high-voltage circuit are in open posi-
tween the frames of offtract direct-cur- tion and (2) ensure that each
rent machines and the earth must be ungrounded conductor of the high-volt-
approved by an authorized representa- age circuit upon which work is to be
tive of the Secretary. done is properly connected to the sys-
tem-grounding medium. In the case of
§ 75.704 Grounding frames of sta- resistance grounded or solid wye-con-
tionary high-voltage equipment re- nected systems, the neutral wire is the
ceiving power from ungrounded
delta systems. system-grounding medium. In the case
of an ungrounded power system, either
[STATUTORY PROVISIONS] the steel armor or conduit enclosing
the system or a surface grounding field
The frames of all stationary high- is a system grounding medium;
voltage equipment receiving power (c) No work shall be performed on
from ungrounded delta systems shall any high-voltage line on the surface
be grounded by methods approved by which is supported by any pole or
an authorized representative of the structure which also supports other

Secretary. high-voltage lines until: (1) All lines
580
supported on the pole or structure are (5) Such other information as the
deenergized and grounded in accord- person designated by the operator feels
ance with all of the provisions of this necessary to describe properly the
section which apply to the repair of en- means or methods to be employed in
ergized surface high-voltage lines; or such repairs.
(2) the provisions of §§ 75.705–2 through
75.705–10 have been complied with, with § 75.705–3 Work on energized high-
respect to all lines, which are sup- voltage surface lines; reporting.
ported on the pole or structure. Any operator designating and assign-
(d) Work may be performed on ener- ing qualified persons to perform repairs
gized surface high-voltage lines only in on energized high-voltage surface lines
accordance with the provisions of under the provisions of § 75.705–2 shall
§§ 75.705–2 through 75.705–10, inclusive. maintain a record of such repairs. Such
record shall contain a notation of the
§ 75.705–2 Repairs to energized surface time, date, location, and general na-
high-voltage lines. ture of the repairs made, together with
An energized high-voltage surface a copy of the information filed with the
line may be repaired only when operator by the qualified person des-
(a) The operator has determined that: ignated as responsible for performing
(1) Such repairs cannot be scheduled such repairs.
during a period when the power circuit § 75.705–4 Simultaneous repairs.
could be properly deenergized and
grounded; When two or more persons are work-
(2) Such repairs will be performed on ing on an energized high-voltage sur-
power circuits with a phase-to-phase face line simultaneously, and any one
nominal voltage no greater than 15,000 of them is within reach of another,
volts; such persons shall not be allowed to
work on different phases or on equip-
(3) Such repairs on circuits with a
ment with different potentials.
phase-to-phase nominal voltage of 5,000
volts or more will be performed only § 75.705–5 Installation of protective
with the use of live line tools; equipment.
(4) Weather conditions will not inter- Before repair work on energized high-
fere with such repairs or expose those voltage surface lines is begun, protec-
persons assigned to such work to an tive equipment shall be used to cover
imminent danger; and all bare conductors, ground wires,
(b) The operator has designated a guys, telephone lines, and other at-
person qualified under the provisions of tachments in proximity to the area of
§ 75.154 as the person responsible for planned repairs. Such protective equip-
carrying out such repairs and such per- ment shall be installed from a safe po-
son, in order to ensure protection for sition below the conductors or other
himself and other qualified persons as- apparatus being covered. Each rubber
signed to perform such repairs from the protective device employed in the mak-
hazards of such repair, has prepared ing of repairs shall have a dielectric
and filed with the operator: strength of 20,000 volts, or more.
(1) A general description of the na-
ture and location of the damage or de- § 75.705–6 Protective clothing; use and
fect to be repaired; inspection.
(2) The general plan to be followed in All persons performing work on ener-
making such repairs; gized high-voltage surface lines shall
(3) A statement that a briefing of all wear protective rubber gloves, sleeves,
qualified persons assigned to make and climber guards if climbers are
such repairs was conducted informing worn. Protective rubber gloves shall
them of the general plan, their indi- not be worn wrong side out or without
vidual assignments, and the dangers in- protective leather gloves. Protective
herent in such assignments; devices worn by a person assigned to
(4) A list of the proper protective perform repairs on high-voltage surface
equipment and clothing that will be lines shall be worn continuously from
provided; and the time he leaves the ground until he
581
§ 75.705–7 30 CFR Ch. I (7–1–20 Edition)
returns to the ground, and, if such de- § 75.705–10 Tying into energized high-
vices are employed for extended peri- voltage surface circuits.
ods, such person shall visually inspect If the work of forming an additional
the equipment assigned him for defects circuit by tying into an energized high-
before each use and, in no case, less voltage surface line is performed from
than twice each day. the ground, any person performing
such work must wear and employ all of
§ 75.705–7 Protective equipment; in- the protective equipment and clothing
spection.
required under the provisions of
Each person shall visually inspect §§ 75.705–5 and 75.705–6. In addition, the
protective equipment and clothing pro- insulated stick used by such person
vided him in connection with work on must have been designed for such pur-
high-voltage surface lines before using pose and must be adequately insulated
such equipment and clothing, and any and be maintained to protect such per-
equipment or clothing containing any son from the voltage to which he is ex-
defect or damage shall be discarded and posed.
replaced with proper protective equip-
ment or clothing prior to the perform- § 75.705–11 Use of grounded messenger
ance of any electrical work on such wires; ungrounded systems.
lines. Solely for purposes of grounding
ungrounded high-voltage power sys-
§ 75.705–8 Protective equipment; test- tems, grounded messenger wires used
ing and storage. to suspend the cables of such systems
(a) All rubber protective equipment may be used as a grounding medium.
used on work on energized high-voltage
§ 75.706 Deenergized underground
surface lines shall be electrically test- power circuits; idle days—idle
ed by the operator in accordance with shifts.
ASTM standards, Part 28, published
February 1968, and such testing shall be [STATUTORY PROVISIONS]
conducted in accordance with the fol-
When not in use, power circuits un-
lowing schedule:
derground shall be deenergized on idle
(1) Rubber gloves, once each month; days and idle shifts, except that recti-
(2) Rubber sleeves, once every 3 fiers and transformers may remain en-
months; ergized.
(3) Rubber blankets, once every 6
months; Subpart I—Underground High-
(4) Insulator hoods and line hose, Voltage Distribution
once a year; and
(5) Other electric protective equip- § 75.800 High-voltage circuits; circuit
ment, once a year. breakers.
(b) Rubber gloves shall not be stored
wrong side out. Blankets shall be rolled [STATUTORY PROVISIONS]
when not in use, and line hose and in- High-voltage circuits entering the
sulator hoods shall be stored in their underground area of any coal mine
natural position and shape. shall be protected by suitable circuit
breakers of adequate interrupting ca-
§ 75.705–9 Operating disconnecting or pacity which are properly tested and
cutout switches. maintained as prescribed by the Sec-
Disconnecting or cutout switches on retary. Such breakers shall be equipped
energized high-voltage surface lines with devices to provide protection
shall be operated only with insulated against under-voltage grounded phase,
sticks, fuse tongs, or pullers which are short circuit, and overcurrent.
adequately insulated and maintained
to protect the operator from the volt- § 75.800–1 Circuit breakers; location.
age to which he is exposed. When such Circuit breakers protecting high-
switches are operated from the ground, voltage circuits entering an under-
the person operating such devices shall ground area of any coal mine shall be
wear protective rubber gloves. located on the surface and in no case
582
installed either underground or within to be secure and not susceptible to al-

a drift. teration.
(c) Retention and access. These records
§ 75.800–2 Approved circuit schemes. shall be retained at a surface location
The following circuit schemes will be at the mine for at least one year and
regarded as providing the necessary shall be made available to authorized
protection to the circuits required by representatives of the Secretary, the
§ 75.800: representative of miners, and other in-
(a) Ground check relays may be used terested persons.
for undervoltage protection if the relay [64 FR 43287, Aug. 10, 1999]
coils are designed to trip the circuit
breaker when line voltage decreases to § 75.801 Grounding resistors.
40 percent to 60 percent of the nominal
line voltage; [STATUTORY PROVISIONS]
(b) Ground trip relays on resistance
grounded systems will be acceptable as The grounding resistor, where re-
grounded phase protection; quired, shall be of the proper ohmic
(c) One circuit breaker may be used value to limit the voltage drop in the
to protect two or more branch circuits, grounding circuit external to the resis-
if the circuit breaker is adjusted to af- tor to not more than 100 volts under
ford overcurrent protection for the fault conditions. The grounding resis-
smallest conductor. tor shall be rated for maximum fault
current continuously and insulated
§ 75.800–3 Testing, examination and from ground for a voltage equal to the
maintenance of circuit breakers; phase-to-phase voltage of the system.
procedures.
§ 75.802 Protection of high-voltage cir-
(a) Circuit breakers and their auxil- cuits extending underground.
iary devices protecting underground
high-voltage circuits shall be tested (a) Except as provided in paragraph
and examined at least once each month (b) of this section, high-voltage cir-
by a person qualified as provided in cuits extending underground and sup-
§ 75.153; plying portable, mobile, or, stationary
(b) Tests shall include: (1) Breaking high-voltage equipment shall contain
continuity of the ground check con- either a direct or derived neutral which
ductor, where ground check monitoring shall be grounded through a suitable
is used; and resistor at the source transformers,
(2) Actuating at least two (2) of the and a grounding circuit, originating at
auxiliary protective relays. the grounded side of the grounding re-
(c) Examination shall include visual sistor, shall extend along with the
observation of all components of the power conductors and serve as a
circuit breaker and its auxiliary de- grounding conductor for the frames of
vices, and such repairs or adjustments all high-voltage equipment supplied
as are indicated by such tests and ex- power from that circuit.
aminations shall be carried out imme- (b) Notwithstanding the require-
diately. ments of paragraph (a) of this section,
the Secretary or his authorized rep-
§ 75.800–4 Testing, examination, and resentative may permit ungrounded
maintenance of circuit breakers; high-voltage circuits to be extended
record. underground to feed stationary electric
(a) Recordkeeping. The operator shall equipment if:
make a record of each test, examina- (1) Such circuits are either steel ar-
tion, repair, or adjustment of all cir- mored or installed in grounded, rigid
cuit breakers protecting high-voltage steel conduit throughout their entire
circuits which enter any underground length; or,
area of the mine. (2) The voltage of such circuits is
(b) Record security. These records nominally 2,400 volts or less phase-to-
shall be made in a secure book that is phase and the cables used in such cir-
not susceptible to alteration or elec- cuits are equipped with metallic

tronically in a computer system so as shields around each power conductor,
583
§ 75.803 30 CFR Ch. I (7–1–20 Edition)
and contain one or more ground con- § 75.803–2 Ground check systems not
ductors having a total cross sectional employing pilot check wires; ap-
area of not less than one-half the power proval by the Secretary.
conductor; and,
Ground check systems not employing
(3) Upon a finding by the Secretary
pilot check wires will be approved only
or his authorized representative that
if it is determined that the system in-
the use of the circuits described in
paragraphs (b) (1) and (2) of this section cludes a fail safe design causing the
does not pose a hazard to the miners. circuit breaker to open when ground
(c) Within 100 feet of the point on the continuity is broken.
surface where high-voltage circuits
enter the underground portion of the § 75.804 Underground high-voltage ca-
bles.
mine, disconnecting devices shall be in-
stalled and so equipped or designed in (a) Underground high-voltage cables
such a manner that it can be deter- used in resistance grounded systems
mined by visual observation that the shall be equipped with metallic shields
power is disconnected, except that the around each power conductor with one
Secretary or his authorized representa- or more ground conductors having a
tive may permit such devices to be in- total cross sectional area of not less
stalled at a greater distance from such than one-half the power conductor, and
area of the mine if he determines, with an insulated external conductor
based on existing physical conditions, not smaller than No. 8 (A.W.G.) or an
that such installation will be more ac-
insulated internal ground check con-
cessible at a greater distance and will
ductor not smaller than No. 10 (A.W.G.)
not pose any hazard to the miners.
for the ground continuity check cir-
[38 FR 4975, Feb. 23, 1973] cuit.
(b) All such cables shall be adequate
§ 75.803 Fail safe ground check cir-
cuits on high-voltage resistance for the intended current and voltage.
grounded systems. Splices made in such cables shall pro-
vide continuity of all components.
[38 FR 4976, Feb. 23, 1973]
On and after September 30, 1970, high-
voltage, resistance grounded systems § 75.805 Couplers.
shall include a fail safe ground check
circuit to monitor continuously the [STATUTORY PROVISIONS]
grounding circuit to assure continuity
and the fail safe ground check circuit Couplers that are used with medium-
shall cause the circuit breaker to open voltage or high-voltage power circuits
when either the ground or pilot check shall be of the three-phase type with a
wire is broken, or other no less effec- full metallic shell, except that the Sec-
tive device approved by the Secretary retary may permit, under such guide-
or his authorized representative to as- lines as he may prescribe, no less effec-
sure such continuity, except that an tive couplers constructed of materials
extension of time, not in excess of 12 other than metal. Couplers shall be
months, may be permitted by the Sec- adequate for the voltage and current
retary on a mine-by-mine basis if he expected. All exposed metal on the me-
determines that such equipment is not tallic couplers shall be grounded to the
available. ground conductor in the cable. The
coupler shall be constructed so that
§ 75.803–1 Maximum voltage ground
check circuits. the ground check continuity conductor
shall be broken first and the ground
The maximum voltage used for conductors shall be broken last when
ground check circuits under § 75.803 the coupler is being uncoupled.
shall not exceed 96 volts.
584
§ 75.806 Connection of single-phase § 75.811 High-voltage underground

loads. equipment; grounding.
[STATUTORY PROVISIONS] [STATUTORY PROVISIONS]

Single-phase loads, such as trans- Frames, supporting structures and
former primaries, shall be connected enclosures of stationary, portable, or
phase-to-phase. mobile underground high-voltage
equipment and all high-voltage equip-
§ 75.807 Installation of high-voltage ment supplying power to such equip-
transmission cables. ment receiving power from resistance
grounded systems shall be effectively
grounded to the high-voltage ground.
All underground high-voltage trans-
mission cables shall be installed only § 75.812 Movement of high-voltage
in regularly inspected air courses and power centers and portable trans-
formers; permit.
haulageways, and shall be covered, bur-
ied, or placed so as to afford protection [STATUTORY PROVISIONS]
against damage, guarded where men
regularly work or pass under them un- Power centers and portable trans-
less they are 61⁄2 feet or more above the formers shall be deenergized before
floor or rail, securely anchored, prop- they are moved from one location to
erly insulated, and guarded at ends, another, except that, when equipment
and covered, insulated, or placed to powered by sources other than such
prevent contact with trolley wires and centers or transformers is not avail-
other low-voltage circuits. able, the Secretary may permit such
centers and transformers to be moved
§ 75.808 Disconnecting devices. while energized, if he determines that
another equivalent or greater hazard
[STATUTORY PROVISIONS] may otherwise be created, and if they
Disconnecting devices shall be in- are moved under the supervision of a
stalled at the beginning of branch lines qualified person, and if such centers
in high-voltage circuits and equipped and transformers are examined prior to
or designed in such a manner that it such movement by such person and
can be determined by visual observa- found to be grounded by methods ap-
tion that the circuit is deenergized proved by an authorized representative
when the switches are open. of the Secretary and otherwise pro-
tected from hazards to the miner. A
§ 75.809 Identification of circuit break- record shall be kept of such examina-
ers and disconnecting switches. tions. High-voltage cables, other than
trailing cables, shall not be moved or
[STATUTORY PROVISIONS] handled at any time while energized,
except that, when such centers and
Circuit breakers and disconnecting
transformers are moved while ener-
switches underground shall be marked
gized as permitted under this section,
for identification.
energized high-voltage cables attached
§ 75.810 High-voltage trailing cables; to such centers and transformers may
splices. be moved only by a qualified person
and the operator of such mine shall re-
[STATUTORY PROVISIONS] quire that such person wear approved
and tested insulated wireman’s gloves.
In the case of high-voltage cables
used as trailing cables, temporary [35 FR 17890, Nov. 20, 1970, as amended at 60
splices shall not be used and all perma- FR 33723, June 29, 1995]
nent splices shall be made in accord-
§ 75.812–1 Qualified person.
ance with § 75.604. Terminations and
splices in all other high-voltage cables A person who meets the requirements
shall be made in accordance with the of § 75.153 is a qualified person within

manufacturer’s specifications. the meaning of § 75.812.
585
§ 75.812–2 30 CFR Ch. I (7–1–20 Edition)
§ 75.812–2 High-voltage power centers (4) High-voltage circuits extending

and transformers; record of exam- from the section power center must be
ination. provided with—
The operator shall maintain a record (i) Ground-fault protection set to
of all examinations conducted in ac- cause deenergization at not more than
cordance with § 75.812. Such record 40 percent of the current rating of the
shall be kept in a book approved by the neutral grounding resistor;
Secretary. (ii) A backup ground-fault detection
device to cause deenergization when a
HIGH-VOLTAGE LONGWALLS ground fault occurs with the neutral
grounding resistor open; and
SOURCE: 67 FR 11001, Mar. 11, 2002, unless (iii) Thermal protection for the
otherwise noted. grounding resistor that will deenergize
the longwall power center if the resis-
§ 75.813 High-voltage longwalls; scope. tor is subjected to a sustained ground
Sections 75.814 through 75.822 of this fault. The thermal protection must op-
part are electrical safety standards erate at either 50 percent of the max-
that apply to high-voltage longwall cir- imum temperature rise of the ground-
cuits and equipment. All other existing ing resistor, or 150 °C (302 °F), which-
standards in 30 CFR must also apply to ever is less, and must open the ground-
these longwall circuits and equipment wire monitor circuit for the high-volt-
where appropriate. age circuit supplying the section power
center. The thermal protection must
§ 75.814 Electrical protection. not be dependent upon control power
and may consist of a current trans-
(a) High-voltage circuits must be pro-
former and overcurrent relay.
tected against short circuits, over-
(5) High-voltage motor and shearer
loads, ground faults, and undervoltages
circuits must be provided with instan-
by circuit-interrupting devices of ade-
taneous ground-fault protection set at
quate interrupting capacity as follows:
not more than 0.125-ampere.
(1) Current settings of short-circuit
(6) Time-delay settings of ground-
protective devices must not exceed the
fault protective devices used to provide
setting specified in approval docu-
coordination with the instantaneous
mentation, or seventy-five percent of
ground-fault protection of motor and
the minimum available phase-to-phase shearer circuits must not exceed 0.25-
short-circuit current, whichever is less. second.
(2) Time-delay settings of short-cir- (7) Undervoltage protection must be
cuit protective devices used to protect provided by a device which operates on
any cable extending from the section loss of voltage to cause and maintain
power center to a motor-starter enclo- the interruption of power to a circuit
sure must not exceed the settings spec- to prevent automatic restarting of the
ified in approval documentation, or equipment.
0.25-second, whichever is less. Time (b) Current transformers used for the
delay settings of short-circuit protec- ground-fault protection specified in
tive devices used to protect motor and paragraphs (a)(4)(i) and (5) of this sec-
shearer circuits must not exceed the tion must be single window-type and
settings specified in approval docu- must be installed to encircle all three
mentation, or 3 cycles, whichever is phase conductors. Equipment safety
less. grounding conductors must not pass
(3) Ground-fault currents must be through or be connected in series with
limited by a neutral grounding resistor ground-fault current transformers.
to not more than— (c) Each ground-fault current device
(i) 6.5 amperes when the nominal specified in paragraphs (a)(4)(i) and (5)
voltage of the power circuit is 2,400 of this section must be provided with a
volts or less; or test circuit that will inject a primary
(ii) 3.75 amperes when the nominal current of 50 percent or less of the cur-
voltage of the power circuit exceeds rent rating of the grounding resistor
2,400 volts. through the current transformer and
586
cause each corresponding circuit-inter- of the circuit that is supplied power

rupting device to open. through the device.
(d) Circuit-interrupting devices must (d) Each disconnecting device must
not reclose automatically. be designed and installed so that—
(e) Where two or more high-voltage (1) Visual observation determines
cables are used to supply power to a that the contacts are open without re-
common bus in a high-voltage enclo- moving any cover;
sure, each cable must be provided with (2) All load power conductors can be
ground-wire monitoring. The ground- grounded when the device is in the
wire monitoring circuits must cause ‘‘open’’ position; and
deenergization of each cable when ei- (3) The device can be locked in the
ther the ground-monitor or grounding ‘‘open’’ position.
conductor(s) of any cable become sev- (e) Disconnecting devices, except
ered or open. On or after May 10, 2002, those installed in explosion-proof en-
parallel connected cables on newly in- closures, must be capable of inter-
stalled longwalls must be protected as rupting the full-load current of the cir-
follows: cuit or designed and installed to cause
the current to be interrupted auto-
(1) When one circuit-interrupting de-
matically prior to the opening of the
vice is used to protect parallel con-
contacts of the device. Disconnecting
nected cables, the circuit-interrupting
devices installed in explosion-proof en-
device must be electrically interlocked
closures must be maintained in accord-
with the cables so that the device will
ance with the approval requirements of
open when any cable is disconnected;
paragraph (f)(2)(iv) of § 18.53 of part 18
or
of this chapter.
(2) When two or more parallel circuit-
interrupting devices are used to pro- § 75.816 Guarding of cables.
tect parallel connected cables, the cir-
(a) High-voltage cables must be
cuit-interrupting devices must be me-
guarded at the following locations:
chanically and electrically interlocked.
(1) Where persons regularly work or
Mechanical interlocking must cause all
travel over or under the cables.
devices to open simultaneously and
(2) Where the cables leave cable han-
electrical interlocking must cause all
dling or support systems to extend to
devices to open when any cable is dis-
electric components.
connected.
(b) Guarding must minimize the pos-
§ 75.815 Disconnect devices. sibility of miners contacting the cables
and protect the cables from damage.
(a) The section power center must be The guarding must be made of ground-
equipped with a main disconnecting de- ed metal or nonconductive flame-re-
vice installed to deenergize all cables sistant material.
extending to longwall equipment when
the device is in the ‘‘open’’ position. § 75.817 Cable handling and support
See Figures I-1 and I-2 in Appendix A systems.
to this subpart I. Longwall mining equipment must be
(b) Disconnecting devices for motor- provided with cable-handling and sup-
starter enclosures must be maintained port systems that are constructed, in-
in accordance with the approval re- stalled and maintained to minimize the
quirements of paragraph (f) of § 18.53 of possibility of miners contacting the ca-
part 18 of this chapter. The compart- bles and to protect the high-voltage ca-
ment for the disconnect device must be bles from damage.
provided with a caution label to warn
miners against entering the compart- § 75.818 Use of insulated cable han-
ment before deenergizing the incoming dling equipment.
high-voltage circuits to the compart- (a) Energized high-voltage cables
ment. must not be handled except when
(c) Disconnecting devices must be motor or shearer cables need to be
rated for the maximum phase-to-phase trained. When cables need to be
voltage of the circuit in which they are trained, high-voltage insulated gloves,
installed, and for the full-load current mitts, hooks, tongs, slings, aprons, or
587
§ 75.819 30 CFR Ch. I (7–1–20 Edition)
other personal protective equipment § 75.820 Electrical work; trouble-

capable of providing protection against shooting and testing.
shock hazard must be used to prevent (a) Electrical work on all circuits and
direct contact with the cable. equipment associated with high-volt-
(b) High-voltage insulated gloves, age longwalls must be performed only
sleeves, and other insulated personal by persons qualified under § 75.153 to
protective equipment must— perform electrical work on all circuits
(1) Have a voltage rating of at least and equipment.
Class 1 (7,500 volts) that meets or ex- (b) Prior to performing electrical
ceeds ASTM F496–97, ‘‘Standard Speci-
work, except for troubleshooting and
fication for In-Service Care of Insu-
testing of energized circuits and equip-
lating Gloves and Sleeves’’ (1997).
ment as provided for in paragraph (d)
(2) Be examined before each use for
of this section, a qualified person must
visible signs of damage;
do the following:
(3) Be removed from the underground
(1) Deenergize the circuit or equip-
area of the mine or destroyed when
ment with a circuit-interrupting de-
damaged or defective; and
vice.
(4) Be electrically tested every 6
(2) Open the circuit disconnecting de-
months in accordance with publication
vice. On high-voltage circuits, ground
ASTM F496–97. ASTM F496–97 (Stand-
the power conductors until work on the
ard Specification for In-Service Care of
circuit is completed.
Insulating Gloves and Sleeves, 1997) is
incorporated by reference and may be (3) Lock out the disconnecting device
inspected at any MSHA Coal Mine with a padlock. When more than one
Safety and Health District Office, or at qualified person is performing work,
MSHA’s Office of Standards, Regula- each person must install an individual
tions, and Variances, 201 12th Street padlock.
South, Arlington, VA 22202–5452; 202– (4) Tag the disconnecting device to
693–9440; and at the National Archives identify each person working and the
and Records Administration (NARA). circuit or equipment on which work is
For information on the availability of being performed.
this material at NARA, call 202–741– (c) Each padlock and tag must be re-
6030, or go to: http://www.archives.gov/ moved only by the person who installed
federallregister/ them, except that, if that person is un-
codeloflfederallregulations/ available at the mine, the lock and tag
ibrllocations.html. In addition, copies may be removed by a person authorized
of the document can be purchased from by the operator, provided—
the American Society for Testing and (1) The authorized person is qualified
Materials, 100 Barr Harbor Drive, P.O. under paragraph (a) of this section; and
Box C700, West Conshohocken, PA (2) The operator ensures that the per-
19428–2959; 610–832–9500; http:// son who installed the lock and tag is
www.astm.org. This incorporation by aware of the removal before that per-
reference was approved by the Director son resumes work on the affected cir-
of the Federal Register in accordance cuit or equipment.
with 5 U.S.C. 552(a) and 1 CFR part 51. (d) Troubleshooting and testing of
[67 FR 11001, Mar. 11, 2002, as amended at 67
energized circuits must be performed
FR 38386, June 4, 2002; 71 FR 16668, Apr. 3, only—
2006; 80 FR 52992, Sept. 2, 2015] (1) On low- and medium-voltage cir-
cuits;
§ 75.819 Motor-starter enclosures; bar- (2) When the purpose of trouble-
riers and interlocks. shooting and testing is to determine
Compartment separation and cover voltages and currents; and
interlock switches for motor-starter (3) By persons qualified to perform
enclosures must be maintained in ac- electrical work and who wear protec-
cordance with the approval require- tive gloves on circuits that exceed 40
ments of paragraphs (a) and (b) of volts in accordance with the following
§ 18.53 of part 18 of this chapter. table:
588
Circuit voltage Type of glove required
Greater than 120 volts (nominal) (not intrinsically safe) ............................ Rubber insulating gloves with leather protectors.
40 volts to 120 volts (nominal) (both intrinsically safe and non-intrinsi- Either rubber insulating gloves with leather protectors
cally safe). or dry work gloves.
Greater than 120 volts (nominal) (intrinsically safe) .................................. Either rubber insulating gloves with leather protectors
or dry work gloves.
(4) Rubber insulating gloves must be (c) When examinations or tests of

rated at least for the nominal voltage equipment reveal a fire, electrical
of the circuit when the voltage of the shock, ignition, or operational hazard,
circuit exceeds 120 volts nominal and is the equipment must be removed from
not intrinsically safe. service immediately or repaired imme-
(e) Before troubleshooting and test- diately.
ing a low- or medium-voltage circuit (d) At the completion of examina-
contained in a compartment with a tions and tests required by this sec-
high-voltage circuit, the high-voltage tion, the person who makes the exami-
circuit must be deenergized, discon- nations and tests must certify by sig-
nected, grounded, locked out and nature and date that they have been
tagged in accordance with paragraph conducted. A record must be made of
(b) of this section. any unsafe condition found and any
(f) Prior to the installation or re- corrective action taken. Certifications
moval of conveyor belt structure, high- and records must be kept for at least
voltage cables extending from the sec- one year and must be made available
tion power center to longwall equip- for inspection by authorized represent-
ment and located in the belt entries atives of the Secretary and representa-
must be: tives of miners.
(1) Deenergized; or
(2) Guarded in accordance with § 75.822 Underground high-voltage
§ 75.816 of this part, at the location longwall cables.
where the belt structure is being in- In addition to the high-voltage cable
stalled or removed; or design specifications in § 75.804 of this
(3) Located at least 6.5 feet above the part, high-voltage cables for use on
mine floor. longwalls may be a type SHD cable
with a center ground-check conductor
§ 75.821 Testing, examination and no smaller than a No. 16 AWG stranded
maintenance. conductor. The cables must be MSHA
(a) At least once every 7 days, a per- accepted as flame-resistant under part
son qualified in accordance with § 75.153 18 or approved under subpart K of part
to perform electrical work on all cir- 7.
cuits and equipment must test and ex-
amine each unit of high-voltage § 75.823 Scope.
longwall equipment and circuits to de- Sections 75.823 through 75.834 of this
termine that electrical protection, part are electrical safety standards ap-
equipment grounding, permissibility, plicable to 2,400 volt continuous mining
cable insulation, and control devices machines and circuits. A ‘‘qualified
are being properly maintained to pre- person’’ as used in these sections
vent fire, electrical shock, ignition, or means a person meeting the require-
operational hazards from existing on ments of § 75.153. Other standards in 30
the equipment. Tests must include ac- CFR apply to these circuits and equip-
tivating the ground-fault test circuit ment where appropriate.
as required by § 75.814(c).
(b) Each ground-wire monitor and as- [75 FR 17549, Apr. 6, 2010]
sociated circuits must be examined and
§ 75.824 Electrical protection.
tested at least once each 30 days to
verify proper operation and that it will (a) Trailing cable protection. The trail-
cause the corresponding circuit-inter- ing cable extending to the high-voltage

rupting device to open. continuous mining machine must be
589
§ 75.825 30 CFR Ch. I (7–1–20 Edition)
protected by a circuit-interrupting de- (vii) A test circuit for the ground-

vice of adequate interrupting capacity fault device must be provided. The test
and voltage that provides short-circuit, circuit must inject no more than 50
overload, ground-fault, and under-volt- percent of the current rating of the
age protection as follows: neutral grounding resistor through the
(1) Short-circuit protection. current transformer. When the test cir-
(i) The current setting of the device cuit is activated, the circuit-inter-
must be the setting specified in the ap- rupting device must open.
proval documentation or 75 percent of (3) Under-voltage protection. The
the minimum available phase-to-phase under-voltage device must operate on a
short-circuit current, whichever is less; loss of voltage, de-energize the circuit,
and and prevent the equipment from auto-
(ii) The time-delay setting must not matically restarting.
exceed 0.050 seconds. (b) Re-closing. Circuit-interrupting
(2) Ground-fault protection. devices must not re-close automati-
(i) Neutral grounding resistors must cally.
limit the ground-fault current to no (c) Onboard Power Circuits. When a
more than 0.5 ampere. grounded-phase indicator light circuit
(ii) Ground-fault devices must cause is used and it indicates a grounded-
de-energization of the circuit extend- phase fault, the following corrective
ing to the continuous mining machine actions must be taken:
at not more than 0.125 ampere. The (1) The machine must be moved im-
time-delay of the device must not ex- mediately to a location with a properly
ceed 0.050 seconds. supported roof; and
(iii) Look-ahead circuits must detect (2) The grounded-phase condition
a ground-fault condition and prevent must be located and corrected prior to
the circuit-interrupting device from placing the continuous mining machine
closing as long as the ground-fault con- back into operation.
dition exists.
(iv) Backup ground-fault devices [75 FR 17549, Apr. 6, 2010]
must cause de-energization of the cir-
§ 75.825 Power centers.
cuit extending to the continuous min-
ing machine at not more than 40 per- (a) Main disconnecting switch. The
cent of the voltage developed across power center supplying high voltage
the neutral grounding resistor when a power to the continuous mining ma-
ground fault occurs with the neutral chine must be equipped with a main
grounding resistor open. The time- disconnecting switch that, when in the
delay setting of the backup device open position, de-energizes input to all
must not exceed 0.25 seconds. power transformers.
(v) Thermal devices must detect a (b) Trailing cable disconnecting device.
sustained ground-fault current in the In addition to the main disconnecting
neutral grounding resistor and must switch required in paragraph (a) of this
de-energize the incoming power. The section, the power center must be
device must operate at either 50 per- equipped with a disconnecting device
cent of the maximum temperature rise for each circuit that supplies power to
of the neutral grounding resistor or 302 a high-voltage continuous mining ma-
°F (150 °C), whichever is less. Thermal chine. A disconnecting device is de-
protection must not be dependent on fined as a disconnecting switch or a
control power and may consist of a cur- cable coupler.
rent transformer and over-current (c) Disconnecting switches. Each dis-
relay in the neutral grounding resistor connecting switch must be labeled to
circuit. clearly identify the circuit it dis-
(vi) A single window-type current connects, and be designed and installed
transformer that encircles all three- as follows:
phase conductors must be used to acti- (1) Rated for the maximum phase-to-
vate the ground-fault device protecting phase voltage of the circuit;
the continuous mining machine. Equip- (2) Rated for the full-load current of
ment grounding conductors must not the circuit that is supplied power
pass through the current transformer. through the device.
590
(3) Allow for visual observation, stick. The grounding stick must be
without removing any covers, to verify stored in a dry location.
that the contacts are open; (i) Caution label. All compartments
(4) Ground all power conductors on providing access to energized high-
the load side when the switch is in the voltage conductors and parts must dis-
‘‘open and grounded’’ position; play a caution label to warn miners
(5) Can only be locked out in the against entering the compartments be-
‘‘open and grounded’’ position; and fore de-energizing incoming high-volt-
(6) Safely interrupts the full-load age circuits.
current of the circuit or causes the cur- [75 FR 17549, Apr. 6, 2010]
rent to be interrupted automatically
before the disconnecting switch opens. § 75.826 High-voltage trailing cables.
(d) Barriers and covers. All compart-
High-voltage trailing cables must:
ments that provide access to high-volt-
age circuits must have barriers and/or (a) Meet existing trailing cable re-
covers to prevent miners from con- quirements and the approval require-
tacting energized high-voltage circuits. ments of the high-voltage continuous
mining machine; and
(e) Main disconnecting switch and con-
(b) Meet existing ground-check con-
trol circuit interlocking. The control cir-
ductor requirements (§ 75.804) or have a
cuit must be interlocked with the main
stranded center ground-check con-
disconnecting switch in the power cen-
ductor not smaller than a No. 16
ter so that:
A.W.G.
(1) When the main disconnecting
switch is in the ‘‘open’’ position, the [75 FR 17549, Apr. 6, 2010]
control circuit can only be powered
through an auxiliary switch in the § 75.827 Guarding of trailing cables.
‘‘test’’ position; and (a) Guarding. (1) The high-voltage
(2) When the main disconnecting cable must be guarded in the following
switch is in the ‘‘closed’’ position, the locations:
control circuit can only be powered (i) From the power center cable cou-
through an auxiliary switch in the pler for a distance of 10 feet inby the
‘‘normal’’ position. power center;
(f) Interlocks. Each cover or remov- (ii) From the entrance gland for a
able barrier providing access to high- distance of 10 feet outby the last strain
voltage circuits must be equipped with clamp on the continuous mining ma-
at least two interlock switches. Except chine; and,
when the auxiliary switch is on the (iii) At any location where the cable
‘‘test’’ position, removal of any cover could be damaged by moving equip-
or barrier that exposes energized high- ment.
voltage circuits must cause the inter-
(2) Guarding must be constructed
lock switches to automatically de-en-
using nonconductive flame-resistant
ergize the incoming circuit to the
material or grounded metal.
power center.
(b) Suspended cables and cable cross-
(g) Emergency stop switch. The power
overs. When equipment must cross any
center must be equipped with an exter-
portion of the cable, the cable must be
nally accessible emergency stop switch
either:
hard-wired into the incoming ground-
(1) Suspended from the mine roof; or
wire monitor circuit that de-energizes
the incoming high-voltage in the event (2) Protected by a cable crossover
of an emergency. having the following specifications:
(h) Grounding stick. The power center (i) A minimum length of 33 inches;
must be equipped with a grounding (ii) A minimum width of 17 inches;
stick to be used prior to performing (iii) A minimum height of 3 inches;
electrical work to assure that high- (iv) A minimum cable placement area
voltage capacitors are discharged and of two and one half-inches (21⁄2″) high
circuits are de-energized. The power by four and one-quarter inches (41⁄4″)
center must have a label readily identi- wide;

fying the location of the grounding (v) Made of nonconductive material;
591
§ 75.828 30 CFR Ch. I (7–1–20 Edition)
(vi) Made of material with a distinc- the continuous mining machine. This
tive color. The color black must not be provision applies only when using the
used; and power sources specified in paragraphs
(vii) Made of material that has a (c)(2) and (c)(3) of this section.
minimum compressive strength of 6,400 (b) Testing prior to tramming. Prior to
pounds per square inch (psi). tramming the continuous mining ma-
[75 FR 17549, Apr. 6, 2010] chine,
(1) A qualified person must activate
§ 75.828 Trailing cable pulling. the ground-fault and ground-wire mon-
The trailing cable must be de-ener- itor test circuits of the power sources
gized prior to being pulled by any specified in paragraph (c) of this sec-
equipment other than the continuous tion to assure that the corresponding
mining machine. The cable manufac- circuit-interrupting device opens the
turer’s recommended pulling proce- circuit. Corrective actions and record-
dures must be followed when pulling keeping resulting from these tests
the trailing cable with equipment must be in accordance with §§ 75.832(f)
other than the continuous mining ma- and (g).
chine. (2) Where applicable, a person des-
ignated by the mine operator must ac-
[75 FR 17549, Apr. 6, 2010]
tivate the test circuit for the ground-
§ 75.829 Tramming continuous mining ed-phase detection circuit on the con-
machines in and out of the mine tinuous mining machine to assure that
and from section to section. the detection circuit is functioning
(a) Conditions of use. Tramming the properly. Corrective actions resulting
continuous mining machine in and out from this test must be in accordance
of the mine and from section to section with § 75.832(f).
must be done in accordance with move- (c) Power sources. In addition to the
ment requirements of high-voltage power center specified in § 75.825, the
power centers and portable trans- following power sources may be used to
formers (§ 75.812) and as follows: tram the continuous mining machine.
(1) The power source must not be lo- (1) Medium-voltage power source. A
cated in areas where permissible equip- medium-voltage power source is a
ment is required; source that supplies 995 volts through a
(2) The continuous mining machine trailing cable (See Figure 1 of this sec-
must not be used for mining or cutting tion) to the continuous mining ma-
purposes, unless a power center is used chine. The medium-voltage power
in accordance with §§ 75.823 through source must—
75.828 and §§ 75.830 through 75.833; (i) Not be used to back-feed the high-
(3) Low-, medium-, and high-voltage voltage circuits of the continuous min-
cables must comply with §§ 75.600–1, ing machine; and
75.907, and 75.826, as applicable; and (ii) Meet all applicable requirements
(4) The energized high-voltage cable for medium-voltage circuits in 30 CFR
must be mechanically secured onboard 75.
592
ER06AP10.002</GPH>
(2) Step-up transformer. A step-up (2) A sled/cart that must be con-

transformer is a transformer that steps nected to the continuous mining ma-
up the low or medium voltage to high chine by a tow-bar and be in close prox-
voltage (See Figure 2 in this section) imity to the mining machine.
and must meet the following require- (B) Grounded as follows:
ments: (1) Connected to the incoming ground
(i) The trailing cable supplying low conductor of the low- or medium-volt-
or medium voltage to the step-up age trailing cable;
transformer must meet the applicable (2) Bonded by a No. 1/0 A.W.G. or
requirements of 30 CFR part 75; larger external grounding conductor to
the continuous mining machine frame;
(ii) The high-voltage circuit output
and
of the step-up transformer supplying
(3) Bonded by a No. 1/0 A.W.G. or
power to the continuous mining ma- larger external grounding conductor to
chine must meet the applicable provi- the metallic shell of each cable cou-
sions of § 75.824; pler.
(iii) The step-up transformer enclo- (C) Equipped with:
sure must be— (1) At least two interlock switches
(A) Securely mounted to minimize for each of the enclosure covers; and
vibration on: (2) An external emergency stop
(1) The continuous mining machine; switch to remove input power to the
or step-up transformer.
[75 FR 17549, Apr. 6, 2010] (iv) Using only MSHA-approved high-

voltage kits that include instructions
§ 75.830 Splicing and repair of trailing for outer-jacket repairs and splices.
cables. (b) Splicing limitations. (1) Splicing of
(a) Splices and repairs. (1) Splicing the high-voltage trailing cable within
means the mechanical joining of one or 35 feet of the continuous mining ma-
more severed conductors in a single chine is prohibited.
length of a cable including the replace- (2) Only four (4) splices will be al-
ment of: Insulation, semi-conductive lowed at any one time for the portion
tape, metallic shielding, and the outer of the trailing cable that extends from
jacket(s). the continuous miner outby for a dis-
tance of 300 feet.
(2) Repair means to fix damage to
any component of the cable other than [75 FR 17549, Apr. 6, 2010]
the conductor.
§ 75.831 Electrical work; trouble-
(3) Splices and repairs to high-volt- shooting and testing.
age trailing cables must be made:
(a) Trailing cable and continuous min-
(i) Only by a qualified person trained
ing machine electrical work procedures.
in the proper methods of splicing and
Prior to performing electrical work,
repairing high-voltage trailing cables;
other than troubleshooting and test-
(ii) In a workman-like manner; ing, on the high-voltage trailing cable

(iii) In accordance with § 75.810; and or the continuous mining machine, a
593
ER06AP10.003</GPH>
§ 75.831 30 CFR Ch. I (7–1–20 Edition)
qualified person must de-energize the (i) Open and ground power conductors
power center and follow procedures and lock out and tag the disconnecting
specified in paragraph (1) or (2): switch;
(1) If a trailing cable disconnecting (ii) Disconnect the plug from the
switch is provided: power receptacle;
(i) Open and ground the power con- (iii) Lock out and tag the plug; and
ductors, lock out and tag the dis- (iv) Place a dust cover over the power
connecting switch; and receptacle.
(ii) Lock out and tag the plug to the (2) If a trailing cable disconnecting
power receptacle. switch is not provided and a cable cou-
(2) If a trailing cable disconnecting pler is used as a disconnecting device:
switch is not provided and a cable cou- (i) Remove the plug from the power
receptacle and connect it to the
pler is used as a disconnecting device:
grounding receptacle to ground the
(i) Remove the plug from the power
power conductors;
receptacle and connect it to the
(ii) Remove the plug from the
grounding receptacle; grounding receptacle and install a lock
(ii) Lock out and tag the plug to the and tag on the plug; and
grounding receptacle; and (iii) Place a dust cover over the
(iii) Place a dust cover over the power receptacle.
power receptacle. (c) Troubleshooting and testing limita-
(b) Troubleshooting and testing the tions. Troubleshooting and testing en-
trailing cable. During troubleshooting ergized circuits must be performed
and testing, the de-energized high-volt- only:
age cable may be disconnected from (1) On low- and medium-voltage cir-
the power center only for that period of cuits;
time necessary to locate the defective (2) When the purpose of trouble-
condition. Prior to troubleshooting and shooting and testing is to determine
testing trailing cables, a qualified per- voltages and currents;
son must perform the following: (3) By qualified persons; and
(1) If a trailing cable disconnecting (4) When using protective gloves in
switch is provided: accordance with the following table:
Circuit voltage Type of glove required
Greater than 120 volts (nominal) (not intrinsically safe) ............. Rubber insulating gloves with leather protectors.
40 volts to 120 volts (nominal) (both intrinsically safe and non- Either rubber insulating gloves with leather protectors or dry
intrinsically safe). work gloves.
Greater than 120 volts (nominal) (intrinsically safe) ................... Either rubber insulating gloves with leather protectors or dry
work gloves.
(d) Power center electrical work proce- person is performing electrical work,
dures. Before any work is performed in- including troubleshooting and testing,
side any compartment of the power each person must install an individual
center, except for troubleshooting and lock and tag. Each lock and tag must
testing energized circuits as specified be removed only by the persons who in-
in paragraph (c) of this section, a quali- stalled them.
fied person must: (2) If the person who installed the
(1) De-energize affected circuits; lock and tag is unavailable, the lock
(2) Open the corresponding dis- and tag may be removed by a person
connecting switch, lock it out, and tag authorized by the operator, provided
it to assure the circuit is isolated; that:
(3) Visually verify that the contacts (i) The authorized person is a quali-
of the disconnecting switch are open fied person; and
and grounded; and (ii) The mine operator assures that
(4) Discharge all high-voltage capaci- the person who installed the lock and
tors and circuits. tag is aware that the lock and tag have
been removed.
(e) Locking out and tagging responsibil-
ities. (1) When more than one qualified [75 FR 17549, Apr. 6, 2010]
594
§ 75.832 Frequency of examinations; mining machine, a person designated

recordkeeping. by the mine operator must activate the
(a) Continuous mining machine exam- test circuit at the beginning of each
ination. At least once every 7 days, a production shift to assure that the de-
qualified person must examine each tection circuit is functioning properly.
high-voltage continuous mining ma- (f) Corrective action. When examina-
chine to verify that electrical protec- tions or tests of equipment reveal a
tion, equipment grounding, permissi- risk of fire, electrical shock, ignition,
bility, cable insulation, and control de- or operational hazard, the equipment
vices are properly installed and main- must be immediately removed from
tained. service or repaired.
(b) Ground-fault test circuit. At least (g) Record of tests. (1) At the comple-
once every 7 days, and prior to tion of examinations and tests required
tramming the high-voltage continuous under paragraphs (a), (b), and (c) of this
mining machine, a qualified person section, the person conducting the ex-
must activate the ground-fault test cir- aminations and tests must:
cuit to verify that it will cause the cor- (i) Certify by signature and date that
responding circuit-interrupting device the examinations and tests have been
to open. conducted.
(c) Ground-wire monitor test. At least (ii) Make a record of any unsafe con-
once every 7 days, and prior to dition found.
tramming the high-voltage continuous (2) Any corrective action(s) must be
mining machine, a qualified person recorded by the person taking the cor-
must examine and test each high-volt- rective action.
age continuous mining machine (3) The record must be countersigned
ground-wire monitor circuit to verify by the mine foreman or equivalent
that it will cause the corresponding mine official by the end of the mine
circuit-interrupting device to open. foreman’s or the equivalent mine offi-
(d) Trailing cable inspections. (1) Once cial’s next regularly scheduled working
each day during the shift that the con- shift.
tinuous mining machine is first ener- (4) Records must be maintained in a
gized, a qualified person must de-ener- secure book that is not susceptible to
gize and inspect the entire length of alteration or electronically in a com-
the high-voltage trailing cable from puter system so as to be secure and not
the power center to the continuous susceptible to alteration.
mining machine. The inspection must (5) Certifications and records must be
include examination of the outer jack- kept for at least 1 year and must be
et repairs and splices for damage, and made available for inspection by au-
assure guarding is provided where re- thorized representatives of the Sec-
quired. retary and representatives of miners.
(2) At the beginning of each shift [75 FR 17549, Apr. 6, 2010]
that the continuous mining machine is
energized, a person designated by the § 75.833 Handling high-voltage trailing
mine operator must de-energize and cables.
visually inspect the high-voltage trail- (a) Cable handling. (1) Miners must
ing cable for damage to the outer jack- not handle energized trailing cables un-
et. This inspection must be conducted less they are wearing high-voltage in-
from the continuous mining machine sulating gloves, which include the rub-
to the following locations: ber gloves and leather outer protector
(i) The last open crosscut; gloves, or are using insulated cable
(ii) Within 150 feet of the working handling tools that meet the require-
place during retreat or second mining; ments of paragraph (c) or (d) of this
or section.
(iii) Up to 150 feet from the contin- (2) Miners must not handle energized
uous mining machine when the ma- high-voltage cables with any parts of
chine is used in outby areas. their bodies except by hand in accord-
(e) Grounded-phase detection test. ance with paragraph (1) above.
When a grounded-phase test circuit is (b) Availability. Each mine operator

provided on a high-voltage continuous must make high-voltage insulating
595
§ 75.834 30 CFR Ch. I (7–1–20 Edition)
gloves or insulated cable handling tools ually examined before each use for
available to miners handling energized signs of damage or defects.
high-voltage trailing cables. (4) Damaged rubber gloves must be
(c) High-voltage insulating gloves. removed from the underground area of
High-voltage insulating gloves must the mine or destroyed. Leather protec-
meet the following requirements: tors must be maintained in good condi-
(1) The rubber gloves must be de- tion or replaced.
signed and maintained to have a volt- (d) Insulated cable handling tools. In-
age rating of at least Class 1 (7,500 sulated cable handling tools must be:
volts) and tested every 30 days in ac- (1) Rated and properly maintained to
cordance with publication ASTM F496– withstand at least 7,500 volts;
02a, ‘‘Standard Specification for In- (2) Designed and manufactured for
Service Care of Insulating Gloves and cable handling;
Sleeves’’ (2002). The Director of the (3) Visually examined before each use
Federal Register approved this incorpo- for signs of damage or defects; and
ration by reference in accordance with (4) Removed from the underground
5 U.S.C. 522(a) and 1 CFR part 51. ASTM area of the mine or destroyed if dam-
F496–02a may be obtained from the aged or defective.
American Society for Testing and Ma- [75 FR 17549, Apr. 6, 2010, as amended at 80
terials, 100 Barr Harbor Drive, P.O. Box FR 52992, Sept. 2, 2015]
C700, West Conshohocken, PA 19428–
2959, call 610–832–9500 or go to http:// § 75.834 Training.
www.astm.org. ASTM F496–02a is avail- In addition to existing part 48 task
able for inspection at any MSHA Coal training, hazard training, training for
Mine Safety and Health District Office, qualified persons under existing § 75.153,
at the MSHA Office of Standards, Reg- and annual refresher training, the fol-
ulations, and Variances, 201 12th Street lowing specialized training shall be
South, Arlington, VA 22202–5452; 202– provided and specified in the part 48
693–9440; or at the National Archives plan:
and Records Administration (NARA). (a) Training for miners who perform
For information on the availability of maintenance on high-voltage contin-
this material at NARA, call 202–741– uous mining machines in high-voltage
6030, or go to: http://www.archives.gov/ safety, testing, and repair and mainte-
federallregister/ nance procedures.
codeloflfederallregulations/ (b) Training for personnel who work
ibrllocations.html. in the vicinity of high-voltage contin-
(2) The rubber glove portion must be uous mining machines in safety proce-
air-tested at the beginning of each dures and precautions for moving the
shift to assure its effectiveness. high-voltage machines or the trailing
cables.
(3) Both the leather protector and
rubber insulating gloves must be vis- [75 FR 17549, Apr. 6, 2010]
596
Mine Safety and Health Admin., Labor Pt. 75, Subpt. I, App. A
APPENDIX A TO SUBPART I OF PART 75—DIAGRAMS OF INBY AND OUTBY SWITCHING
[67 FR 11001, Mar. 11, 2002; 67 FR 18823, Apr. 17, 2002]

597
ER17AP02.030</GPH>
§ 75.900 30 CFR Ch. I (7–1–20 Edition)
Subpart J—Underground Low- and tings listed in the tables of the Na-
Medium-Voltage Alternating tional Electric Code, 1968.
Current Circuits § 75.900–3 Testing, examination, and
maintenance of circuit breakers;
§ 75.900 Low- and medium-voltage cir- procedures.
cuits serving three-phase alter-
nating current equipment; circuit Circuit breakers protecting low- and
breakers. medium-voltage alternating current
circuits serving three-phase alter-
[STATUTORY PROVISIONS] nating current equipment and their
auxiliary devices shall be tested and
Low- and medium-voltage power cir-
examined at least once each month by
cuits serving three-phase alternating
a person qualified as provided in
current equipment shall be protected
§ 75.153. In performing such tests, actu-
by suitable circuit breakers of ade-
ating any of the circuit breaker auxil-
quate interrupting capacity which are
iaries or control circuits in any man-
properly tested and maintained as pre-
ner which causes the circuit breaker to
scribed by the Secretary. Such break-
open, shall be considered a proper test.
ers shall be equipped with devices to
All components of the circuit breaker
provide protection against undervolt-
and its auxiliary devices shall be vis-
age, grounded phase, short circuit, and
ually examined and such repairs or ad-
overcurrent.
justments as are indicated by such
§ 75.900–1 Circuit breakers; location. tests and examinations shall be carried
out immediately.
Circuit breakers used to protect low-
and medium-voltage circuits under- § 75.900–4 Testing, examination, and
ground shall be located in areas which maintenance of circuit breakers;
are accessible for inspection, examina- record.
tion, and testing, have safe roofs, and The operator of any coal mine shall
are clear of any moving equipment maintain a written record of each test,
used in haulageways. examination, repair, or adjustment of
all circuit breakers protecting low- and
§ 75.900–2 Approved circuit schemes. medium-voltage circuits serving three-
The following circuit schemes will be phase alternating current equipment
regarded as providing the necessary used in the mine. Such record shall be
protection to the circuit required by kept in a book approved by the Sec-
§ 75.900: retary.
(a) Ground check relays may be used [35 FR 17890, Nov. 20, 1970, as amended at 60
for undervoltage protection if the relay FR 33723, June 29, 1995]
coils are designed to trip the circuit
breaker when line voltage decreases to § 75.901 Protection of low- and me-
40 to 60 percent of the nominal line dium-voltage three-phase circuits
voltage. used underground.
(b) One undervoltage device installed
in the main secondary circuit at the
source transformer may be used to pro- (a) Low- and medium-voltage three-
vide undervoltage protection for each phase alternating-current circuits used
circuit that receives power from that underground shall contain either a di-
transformer. rect or derived neutral which shall be
(c) One circuit breaker may be used grounded through a suitable resistor at
to protect two or more branch circuits the power center, and a grounding cir-
if the circuit breaker is adjusted to af- cuit, originating at the grounded side
ford overcurrent protection for the of the grounding resistor, shall extend
smallest conductor. along with the power conductors and
(d) Circuit breakers with shunt trip, serve as a grounding conductor for the
series trip or undervoltage release de- frames of all the electrical equipment
vices may be used if the tripping ele- supplied power from that circuit, ex-
ments of such devices are selected or cept that the Secretary or his author-
adjusted in accordance with the set- ized representative may permit
598
ungrounded low- and medium-voltage (4) Each three-phase output circuit

circuits to be used underground to feed that supplies power to equipment must
such stationary electrical equipment if be equipped with an instantaneous sen-
such circuits are either steel armored sitive ground-fault relay that will
or installed in grounded rigid steel con- cause its respective circuit inter-
duit throughout their entire length. rupting device(s) to trip and cause
The grounding resistor, where required, shutdown of the diesel engine when a
shall be of the proper ohmic value to phase-to-frame fault occurs. The
limit the ground fault current to 25 grounded-phase protection must be set
amperes. The grounding resistor shall at not more than 90 milliamps. Current
be rated for maximum fault current transformers used for the ground-fault
continuously and insulated from protection must be single window-type
ground for a voltage equal to the and must be installed to encircle all
phase-to-phase voltage of the system. three phase conductors. Equipment
(b) Diesel-powered electrical genera- safety grounding conductors must not
tors used as an alternative to power pass through or be connected in series
centers for the purpose of moving with ground-fault current trans-
equipment in, out, and around the formers.
mine, and to perform work in areas (5) Each three-phase circuit inter-
where permissible equipment is not re- rupting device must be provided with a
quired, must comply with the fol- means to provide short-circuit, over-
lowing: current, grounded-phase, undervoltage,
(1) The diesel engine powering the and ground wire monitoring protec-
electrical generator must be approved tion. The instantaneous only trip unit
under 30 CFR part 7, subpart E. for the circuit interrupting device(s) in
(2) A grounding resistor rated for the use must be adjusted to trip at not
phase-to-phase voltage of the system more than 75 percent of the minimum
must be provided to limit the ground- available short circuit current at the
fault current to not more than 0.5 am- point where the portable cable enters
peres. The grounding resistor(s) must the equipment or the maximum allow-
be located: able instantaneous settings specified in
(i) Between the wye-connected gener- § 75.601–1, whichever is less.
ator neutral and the generator frame;
(6) The equipment portable cable
(see Figure I in Appendix A to subpart
length(s) must not exceed the length(s)
J of this part) or
specified in 30 CFR part 18, appendix I,
(ii) Between the wye-connected gen-
table 9, Specifications for Cables
erator neutral and the generator frame
Longer than 500 Feet.
and between the wye-connected trans-
former secondary and the transformer (7) Permanent label(s) listing the
frame when an isolation transformer(s) maximum circuit interrupting device
is used and the generator is supplying setting(s) and maximum portable cable
power to the other equipment; (see Fig- length(s) must be installed on each in-
ure II in Appendix A to subpart J of stantaneous trip unit or be maintained
this part) or near each three-phase circuit inter-
(iii) Between the wye-connected gen- rupting device. The permanent label(s)
erator neutral and the generator frame must be maintained legibly.
when an auto-transformer is used. (see (8) The circuit interrupting device
Figure III in Appendix A to subpart J that supplies three-phase power cir-
of this part) cuit(s) to the equipment being powered
(3) Each three-phase output circuit of must be limited to the use of only one
the generator must be equipped with a circuit interrupting device at a time
sensitive ground fault relay. The pro- when equipment is being moved in, out,
tective relay must be set to cause the and around the mine.
circuit interrupting device that sup- (9) The grounding system must in-
plies power to the primary windings of clude an MSHA-accepted ground wire
each transformer to trip and shut down monitor system that satisfies the re-
the diesel engine when a phase-to- quirements of § 75.902; or have a No. 1/0
frame fault of not more than 90 or larger external grounding conductor

milliamperes occurs. to bond and ground the frames of all
599
§ 75.902 30 CFR Ch. I (7–1–20 Edition)
equipment to the frame of the gener- § 75.902–2 Approved ground check sys-
ator. tems not employing pilot check
(10) All trailing cables extending wires.
from the generator to equipment must Ground check systems not employing
comply with § 75.907. pilot check wires will be approved only
(11) A strain relief device must be if it is determined that the system in-
provided on each end of the trailing ca- cludes a fail safe design causing the
bles that extends between the gener- circuit breaker to open when ground
ator and the piece of equipment being continuity is broken.
powered.
(12) Prior to moving each piece of § 75.902–4 Attachment of ground con-
equipment or performing work, a func- ductors and ground check wires to
equipment frames; use of separate
tional test of each ground fault and connections.
ground wire monitor system must be
performed by a qualified electrician In grounding equipment frames of all
who meets the requirements of § 75.153. stationary, portable or mobile equip-
The ground-fault circuit must be tested ment receiving power from resistance
without subjecting the circuit to an ac- grounded systems separate connections
tual grounded phase condition. A shall be used when practicable.
record of each test must be maintained
§ 75.903 Disconnecting devices.
and made available to authorized rep-
resentatives of the Secretary and to [STATUTORY PROVISIONS]
the miners in such mine.
Disconnecting devices shall be in-
[35 FR 17890, Nov. 20, 1970, as amended at 70 stalled in conjunction with the circuit
FR 77736, Dec. 30, 2005]
breaker to provide visual evidence that
§ 75.902 Low- and medium-voltage the power is disconnected.
ground check monitor circuits.
§ 75.904 Identification of circuit break-
ers.
On or before September 30, 1970, low- [STATUTORY PROVISIONS]
and medium-voltage resistance ground- Circuit breakers shall be marked for
ed systems shall include a fail-safe identification.
ground check circuit to monitor con-
tinuously the grounding circuit to as- § 75.905 Connection of single-phase
sure continuity which ground check loads.
circuit shall cause the circuit breaker
to open when either the ground or pilot [STATUTORY PROVISIONS]
check wire is broken, or other no less Single-phase loads shall be connected
effective device approved by the Sec- phase-to-phase.
retary or his authorized representative
to assure such continuity, except that § 75.906 Trailing cables for mobile
an extension of time, not in excess of 12 equipment, ground wires, and
months, may be permitted by the Sec- ground check wires.
retary on a mine-by-mine basis if he
determines that such equipment is not [STATUTORY PROVISIONS]
available. Cable couplers shall be con- Trailing cables for mobile equipment
structed so that the ground check con- shall contain one or more ground con-
tinuity conductor shall be broken first ductors having a cross-sectional area of
and the ground conductors shall be bro- not less than one-half the power con-
ken last when the coupler is being un- ductor, and, on September 30, 1970, an
coupled. insulated conductor for the ground
continuity check circuit or other no
§ 75.902–1 Maximum voltage ground less effective device approved by the
check circuits. Secretary or his authorized representa-
The maximum voltage used for such tive to assure such continuity, except
ground check circuits shall not exceed that an extension of time, not in excess
40 volts. of 12 months may be permitted by the
600
Secretary on a mine-by-mine basis if ductors, a ground check conductor, and

he determines that such equipment is grounded metallic shields around each
not available. Splices made in the ca- power conductor or a ground metallic
bles shall provide continuity of all shield over the assembly, except that
components. on equipment employing cable reels,
cables without shields may be used if
§ 75.907 Design of trailing cables for
medium-voltage circuits. the insulation is rated 2,000 volts or
more.
Trailing cables for medium-voltage
circuits shall include grounding con-
601
Pt. 75, Subpt. J, App. A 30 CFR Ch. I (7–1–20 Edition)
APPENDIX A TO SUBPART J OF PART 75

602
ER30DE05.146</GPH>
Mine Safety and Health Admin., Labor Pt. 75, Subpt. J, App. A
603
ER30DE05.147</GPH>
§ 75.1000 30 CFR Ch. I (7–1–20 Edition)
[70 FR 77737, Dec. 30, 2005] fected circuit upon occurrence of a

short circuit at any point in the sys-
Subpart K—Trolley Wires and tem will meet the requirements of
Trolley Feeder Wires § 75.1001.
(b) Automatic circuit interrupting
§ 75.1000 Cutout switches. devices described in paragraph (a) of
this section shall be tested and cali-
[STATUTORY PROVISIONS] brated at intervals not to exceed six
Trolley wires and trolley feeder months. Testing of such devices shall
wires, shall be provided with cutout include passing the necessary amount
switches at intervals of not more than of electric current through the device
2,000 feet and near the beginning of all to cause activation. Calibration of such
branch lines. devices shall include adjustment of all
associated relays to ±15 percent of the
§ 75.1001 Overcurrent protection. indicated value. An authorized rep-
resentative of the Secretary may re-
[STATUTORY PROVISIONS] quire additional testing or calibration
of these devices.
Trolley wires and trolley feeder wires
(c) A record of the tests and calibra-
shall be provided with overcurrent pro-
tions required by paragraph (b) of this
tection.
section shall be kept, and shall be
§ 75.1001–1 Devices for overcurrent made available, upon request, to an au-
protection; testing and calibration thorized representative of the Sec-
requirements; records. retary.
(a) Automatic circuit interrupting [38 FR 29998, Oct. 31, 1973, as amended at 60
devices that will deenergize the af- FR 33723, June 29, 1995]
604
ER30DE05.148</GPH>
§ 75.1002 Installation of electric equip- § 75.1003–1 Other requirements for

ment and conductors; permissi- guarding of trolley wires and trol-
bility. ley feeder wires.
(a) Electric equipment must be per- Adequate precaution shall be taken
missible and maintained in a permis- to insure that equipment being moved
sible condition when such equipment is along haulageways will not come in
located within 150 feet of pillar work- contact with trolley wires or trolley
ings or longwall faces. feeder wires.
(b) Electric conductors and cables in-
stalled in or in by the last open cross- § 75.1003–2 Requirements for move-
cut or within 150 feet of pillar workings ment of off-track mining equipment
or longwall faces must be— in areas of active workings where
energized trolley wires or trolley
(1) Shielded high-voltage cables sup- feeder wires are present; pre-move-
plying power to permissible longwall ment requirements; certified and
equipment; qualified persons.
(2) Interconnecting conductors and
(a) Prior to moving or transporting
cables of permissible longwall equip-
any unit of off-track mining equipment
ment;
in areas of the active workings where
(3) Conductors and cables of intrinsi-
energized trolley wires or trolley feed-
cally safe circuits; and
er wires are present:
(4) Cables and conductors supplying
(1) The unit of equipment shall be ex-
power to low- and medium-voltage per-
amined by a certified person to ensure
missible equipment.
that coal dust, float coal dust, loose
(5) Shielded high-voltage cables sup-
coal oil, grease, and other combustible
plying power to permissible continuous
materials have been cleaned up and
mining machines.
have not been permitted to accumulate
[67 FR 11004, Mar. 11, 2002, as amended at 75 on such unit of equipment; and,
FR 17553, Apr. 6, 2010] (2) A qualified person, as specified in
§ 75.153 of this part, shall examine the
§ 75.1003 Insulation of trolley wires, trolley wires, trolley feeder wires, and
trolley feeder wires and bare signal
wires; guarding of trolley wires and the associated automatic circuit inter-
trolley feeder wires. rupting devices provided for short cir-
cuit protection to ensure that proper
[STATUTORY PROVISIONS] short circuit protection exists.
(b) A record shall be kept of the ex-
Trolley wires, trolley feeder wires, aminations required by paragraph (a)
and bare signal wires shall be insulated of this section, and shall be made avail-
adequately where they pass through able, upon request, to an authorized
doors and stoppings, and where they representative of the Secretary.
cross other power wires and cables. (c) Off-track mining equipment shall
Trolley wires and trolley feeder wires be moved or transported in areas of the
shall be guarded adequately: active workings where energized trol-
(a) At all points where men are re- ley wires or trolley feeder wires are
quired to work or pass regularly under present only under the direct super-
the wires; vision of a certified person who shall be
(b) On both sides of all doors and physically present at all times during
stoppings; and moving or transporting operations.
(c) At man-trip stations. (d) The frames of off-track mining
The Secretary or his authorized rep- equipment being moved or transported,
resentatives shall specify other condi- in accordance with this section, shall
tions where trolley wires and trolley be covered on the top and on the trol-
feeder wires shall be adequately pro- ley wire side with fire-resistant mate-
tected to prevent contact by any per- rial which has met the applicable re-
son, or shall require the use of im- quirements of Part 18 of Subchapter D
proved methods to prevent such con- of this chapter (Bureau of Mines Sched-
tact. Temporary guards shall be pro- ule 2G).
vided where trackmen and other per- (e) Electrical contact shall be main-
sons work in proximity to trolley wires tained between the mine track and the
and trolley feeder wires. frames of off-track mining equipment
605
§ 75.1100 30 CFR Ch. I (7–1–20 Edition)
being moved in-track and trolley en- or other equivalent two-way commu-
tries, except that rubber-tired equip- nication devices that can readily be
ment need not be grounded to a trans- connected with the mine communica-
porting vehicle if no metal part of such tion system shall be carried by the
rubber-tired equipment can come into miner stationed at the first automatic
contact with the transporting vehicle. circuit breaker outby the equipment
(f) A minimum vertical clearance of being moved and by a miner actually
12 inches shall be maintained between engaged in the moving or transporting
the farthest projection of the unit of operation; and,
equipment which is being moved and (5) No person shall be permitted to be
the energized trolley wires or trolley inby the unit of equipment being
feeder wires at all times during the moved or transported, in the ven-
movement or transportation of such tilating current of air that is passing
equipment; provided, however, that if over such equipment, except those per-
the height of the coal seam does not sons directly engaged in moving such
permit 12 inches of vertical clearance equipment.
to be so maintained, the following ad- (g) The provisions of paragraphs (a)
ditional precautions shall be taken: through (f) of this section shall not
(1)(i) Except as provided in paragraph apply to units of mining equipment
(f)(1)(ii) of this section electric power that are transported in mine cars, pro-
shall be supplied to the trolley wires or vided that no part of the equipment ex-
trolley feeder wires only from outby tends above or over the sides of the
the unit of equipment being moved or mine car.
transported. [38 FR 29998, Oct. 31, 1973, as amended at 60
(ii) Where direct current electric FR 33723, June 29, 1995]
power is used and such electric power
can be supplied only from inby the Subpart L—Fire Protection
equipment being moved or transported,
power may be supplied from inby such § 75.1100 Requirements.
equipment provided a miner with the
means to cut off the power, and in di- [STATUTORY PROVISION]
rect communication with persons actu- Each coal mine shall be provided
ally engaged in the moving or trans- with suitable firefighting equipment
porting operation, is stationed outby adapted for the size and conditions of
the equipment being moved. the mine. The Secretary shall establish
(2) The settings of automatic circuit minimum requirements of the type,
interrupting devices used to provide quality, and quantity of such equip-
short circuit protection for the trolley ment.
circuit shall be reduced to not more
than one-half of the maximum current § 75.1100–1 Type and quality of fire-
that could flow if the equipment being fighting equipment.
moved or transported were to come Firefighting equipment required
into contact with the trolley wire or under this subpart shall meet the fol-
trolley feeder wire; lowing minimum requirements:
(3) At all times the unit of equipment (a) Waterlines: Waterlines shall be
is being moved or transported, a miner capable of delivering 50 gallons of
shall be stationed at the first auto- water a minute at a nozzle pressure of
matic circuit breaker outby the equip- 50 pounds per square inch.
ment being moved and such miner shall (b) Portable water cars: A portable
be: (i) In direct communication with water car shall be of at least 1,000 gal-
persons actually engaged in the moving lons capacity (500 gallons capacity for
or transporting operation, and (ii) ca- anthracite mines) and shall have at
pable of communicating with the re- least 300 feet of fire hose with nozzles.
sponsible person on the surface re- A portable water car shall be capable of
quired to be on duty in accordance providing a flow through the hose of 50
with § 75.1600–1 of this part; gallons of water per minute at a nozzle
(4) Where trolley phones are utilized pressure of 50 pounds per square inch.
to satisfy the requirements of para- (c) A portable chemical car shall

graph (f)(3) of this section, telephones carry enough chemicals to provide a
606
fire extinguishing capacity equivalent point and be equipped with enough fire
to that of a portable water car. hose to reach each working face unless
(d) Portable foam-generating ma- the section loading point is provided
chines or devices: A portable foam-gen- with one of the following:
erating machine or device shall have (i) Two portable water cars; or
facilities and equipment for supplying (ii) Two portable chemical cars; or
the machine with 30 gallons of water (iii) One portable water car or one
per minute at 30 pounds per square portable chemical car, and either (a) a
inch for a period of 35 minutes. portable foam-generating machine or
(e) Portable fire extinguisher: A port- (b) a portable high-pressure rock-dust-
able fire extinguisher shall be either (1) ing machine fitted with at least 250
a multipurpose dry chemical type con- feet of hose and supplied with at least
taining a nominal weight of 5 pounds of 60 sacks of rock dust.
dry powder and enough expellant to (2) Each working section of coal
apply the powder or (2) a foam-pro- mines producing less than 300 tons of
ducing type containing at least 21⁄2 gal- coal per shift shall be provided with
lons of foam-producing liquids and the following:
enough expellant to supply the foam.
(i) Two portable fire extinguishers;
Only fire extinguishers approved by the
and
Underwriters Laboratories, Inc., or
(ii) 240 pounds of rock dust in bags or
Factory Mutual Research Corp., car-
other suitable containers; and
rying appropriate labels as to type and
purpose, shall be used. After March 30, (iii) At least 500 gallons of water and
1971, all new portable fire extinguishers at least three pails of 10-quart capac-
acquired for use in a coal mine shall ity; or a waterline with sufficient hose
have a 2A 10 BC or higher rating. to reach the working places; or a port-
(f)(1) Except as provided in paragraph able water car of at least 500-gallons
(f)(2) of this section, the fire hose shall capacity; or a portable, all-purpose,
be lined with a material having flame dry-powder chemical car of at least 125-
resistant qualities meeting require- pounds capacity.
ments for hose in Bureau of Mines’ (3) As an alternative to paragraph
Schedule 2G. The cover shall be poly- (a)(2) of this section, each working sec-
ester, or other material with flame- tion with no electrical equipment at
spread qualities and mildew resistance the face of an anthracite coal mine pro-
equal or superior to polyester. The ducing less than 300 tons of coal per
bursting pressure shall be at least 4 shift shall be provided with the fol-
times the water pressure at the valve lowing:
to the hose inlet with the valve closed; (i) Portable fire extinguishers con-
the maximum water pressure in the taining a total capacity of at least 30
hose nozzle shall not exceed 100 p.s.i.g. pounds of dry chemical or 15 gallons of
(2) Fire hose installed for use in un- foam and located at the entrance to
derground coal mines prior to Decem- the gangway at the bottom of the
ber 30, 1970, shall be mildew-proof and slope; and
have a bursting pressure at least 4 (ii) Portable fire extinguishers con-
times the water pressure at the valve taining a total capacity of at least 20
to the hose inlet with the valve closed, pounds of dry chemical or 10 gallons of
and the maximum water pressure in foam and located within 500 feet from
the hose nozzle with water flowing the working face.
shall not exceed 100 p.s.i.g. (b) Belt conveyors. In all coal mines,
waterlines shall be installed parallel to
§ 75.1100–2 Quantity and location of the entire length of belt conveyors and
firefighting equipment. shall be equipped with firehose outlets
(a) Working sections. (1) Each working with valves at 300-foot intervals along
section of coal mines producing 300 each belt conveyor and at tailpieces.
tons or more per shift shall be provided At least 500 feet of firehose with fit-
with two portable fire extinguishers tings suitable for connection with each
and 240 pounds of rock dust in bags or belt conveyor waterline system shall
other suitable containers; waterlines be stored at strategic locations along

shall extend to each section loading the belt conveyor. Waterlines may be
607
§ 75.1100–3 30 CFR Ch. I (7–1–20 Edition)
installed in entries adjacent to the con- shall be one portable fire extinguisher
veyor entry belt as long as the outlets or 240 pounds of rock dust within 25
project into the belt conveyor entry. feet of the door on the intake air side.
(c) Haulage tracks. (1) In mines pro- (i) Emergency materials. (1) At each
ducing 300 tons of coal or more per mine producing 300 tons of coal or more
shift waterlines shall be installed par- per shift there shall be readily avail-
allel to all haulage tracks using able the following materials at loca-
mechanized equipment in the track or tions not exceeding 2 miles from each
adjacent entry and shall extend to the working section:
loading point of each working section.
Waterlines shall be equipped with out- 1,000 board feet of brattice boards
let valves at intervals of not more than 2 rolls of brattice cloth
500 feet, and 500 feet of firehose with 2 hand saws
fittings suitable for connection with 25 pounds of 8d nails
such waterlines shall be provided at 25 pounds of 10d nails
strategic locations. Two portable water 25 pounds of 16d nails
cars, readily available, may be used in 3 claw hammers
lieu of waterlines prescribed under this 25 bags of wood fiber plaster or 10 bags of ce-
paragraph. ment (or equivalent material for
(2) In mines producing less than 300 stoppings)
tons of coal per shift, there shall be 5 tons of rock dust
provided at 500-foot intervals in all (2) At each mine producing less than
main and secondary haulage roads: 300 tons of coal per shift the above ma-
(i) A tank of water of at least 55-gal- terials shall be available at the mine,
lon capacity with at least 3 pails of not provided, however, that the emergency
less than 10-quart capacity; or materials for one or more mines may
(ii) Not less than 240 pounds of be stored at a central warehouse or
bagged rock dust. building supply company and such sup-
(d) Transportation. Each track or off-
ply must be the equivalent of that re-
track locomotive, self-propelled man-
quired for all mines involved and with-
trip car, or personnel carrier shall be
in 1-hour’s delivery time from each
equipped with one portable fire extin-
guisher. mine. This exception shall not apply
(e) Electrical installations. At each where the active working sections are
electrical installation, the operator more than 2 miles from the surface.
shall provide two portable fire extin- [35 FR 17890, Nov. 20, 1970, as amended at 73
guishers that have a nominal capacity FR 53127, Sept. 15, 2008]
of 5 pounds of dry chemical, or one ex-
tinguisher that has a nominal capacity § 75.1100–3 Condition and examination
of at least 10 pounds of dry chemical, of firefighting equipment.
and which have a 2–A:10–B:C or higher All firefighting equipment shall be
rating. maintained in a usable and operative
(f) Oil storage stations. Two portable
condition. Chemical extinguishers
fire extinguishers and 240 pounds of
shall be examined every 6 months and
rock dust, shall be provided at each
the date of the examination shall be
permanent underground oil storage
station. One portable fire extinguisher written on a permanent tag attached
shall be provided at each working sec- to the extinguisher.
tion where 25 gallons or more of oil are [35 FR 17890, Nov. 20, 1970, as amended at 60
stored in addition to extinguishers re- FR 33723, June 29, 1995]
quired under paragraph (a) of this sec-
tion. § 75.1101 Deluge-type water sprays,
(g) Welding, cutting, soldering. One foam generators; main and sec-
portable fire extinguisher or 240 pounds ondary belt-conveyor drives.
of rock dust shall be provided at loca-
tions where welding, cutting, or sol- [STATUTORY PROVISIONS]
dering with arc or flame is being done.
Deluge-type water sprays or foam

(h) Powerlines. At each wooden door generators automatically actuated by
through which powerlines pass there
608
rise in temperature, or other no less ef- § 75.1101–5 Installation of foam gener-

fective means approved by the Sec- ator systems.
retary of controlling fire, shall be in- (a) Foam generator systems shall be
stalled at main and secondary belt-con- located so as to discharge foam to the
veyor drives. belt drive, belt takeup, electrical con-
trols, gear reducing unit and the con-
§ 75.1101–1 Deluge-type water spray
systems. veyor belt.
(b) Foam generator systems shall be
(a) Deluge-type spray systems shall equipped with a fire sensor which actu-
consist of open nozzles attached to ates the system, and each system shall
branch lines. The branch lines shall be be capable of producing and delivering
connected to a waterline through a the following amounts of foam within 5
control valve operated by a fire sensor. minutes:
Actuation of the control valve shall (1) At fire-resistant belt installa-
cause water to flow into the branch tions, an amount which will fully en-
lines and discharge from the nozzles. velop the belt drive, belt takeup, elec-
(b) Nozzles attached to the branch trical controls, gear reducing unit, and
lines shall be full cone, corrosion re- the conveyor belt over a distance of 50
sistant and provided with blow-off dust feet; and,
covers. The spray application rate shall (2) At nonfire-resistant belt installa-
not be less than 0.25 gallon per minute tions, an amount which will fully en-
per square foot of the top surface of the velop the belt drive, belt takeup elec-
top belt and the discharge shall be di- trical controls, gear reducing unit, and
rected at both the upper and bottom the conveyor belt over a distance of 150
surfaces of the top belt and to the feet.
upper surface of the bottom belt. (c) The foam generator shall be
equipped with a warning device de-
§ 75.1101–2 Installation of deluge-type
sprays. signed to stop the belt drive when a
fire occurs and all such warning de-
Deluge-type water spray systems vices shall be capable of giving both an
shall provide protection for the belt audible and visual signal when actu-
drive and 50 feet of fire-resistant belt ated by fire.
or 150 feet of nonfire-resistant belt ad- (d) Water, power, and chemicals re-
jacent to the belt drive. quired shall be adequate to maintain
water or foam flow for no less than 25
§ 75.1101–3 Water requirements.
minutes.
Deluge-type water spray systems (e) Water systems shall include
shall be attached to a water supply. strainers with a flush-out connection
Water so supplied shall be free of exces- and a manual shut-off valve.
sive sediment and noncorrosive to the
system Water pressure shall be main- § 75.1101–6 Water sprinkler systems;
tained consistent with the pipe, fit- general.
tings, valves, and nozzles at all times. Water sprinkler systems may be in-
Water systems shall include strainers stalled to protect main and secondary
with a flush-out connection and a man- belt-conveyor drives, however, where
ual shut-off valve. The water supply such systems are employed, they shall
shall be adequate to provide flow for 10 be installed and maintained in accord-
minutes except that pressure tanks ance with §§ 75.1101–7 through 75.1101–11.
used as a source of water supply shall
be of 1,000-gallon capacity for a fire-re- § 75.1101–7 Installation of water sprin-
sistant belt and 3,000 gallons for a kler systems; requirements.
nonfire-resistant belt may be provided. (a) The fire-control components of
each water sprinkler system shall be
§ 75.1101–4 Branch lines. installed, as far as practicable in ac-
As a part of the deluge-type water cordance with the recommendations
spray system, two or more branch lines set forth in National Fire Protection
of nozzles shall be installed. The max- Association 1968–69 edition, Code No.
imum distance between nozzles shall 13, ‘‘Installation of Sprinkler Systems’’

not exceed 8 feet. and such systems’ components shall be
609
§ 75.1101–8 30 CFR Ch. I (7–1–20 Edition)
of a type approved by the Under- temperature and each such warning de-
writers’ Laboratories, Inc., Factory vice shall be capable of giving both an
Mutual Research Corp. audible and visual warning when a fire
(b) Each sprinkler system shall pro- occurs.
vide protection for the motor drive belt
takeup, electrical controls, gear reduc- § 75.1101–11 Inspection of water sprin-
ing unit, and the 50 feet of fire-resist- kler systems.
ant belt, or 150 feet of nonfire-resistant Each water sprinkler system shall be
belt adjacent to the belt drive. examined weekly and a functional test
(c) The components of each water of the complete system shall be con-
sprinkler system shall be located so as ducted at least once each year.
to minimize the possibility of damage
by roof fall or by the moving belt and § 75.1101–12 Equivalent dry-pipe sys-
its load. tem.
Where water sprinkler systems are
§ 75.1101–8 Water sprinkler systems; installed to protect main and sec-
arrangement of sprinklers. ondary belt conveyor drives and freez-
(a) At least one sprinkler shall be in- ing temperatures prevail, an equivalent
stalled above each belt drive, belt take- dry-pipe system may be installed.
up, electrical control, and gear-reduc-
ing unit, and individual sprinklers § 75.1101–13 Dry powder chemical sys-
shall be installed at intervals of no tems; general.
more than 8 feet along all conveyor Self-contained dry powder chemical
branch lines. systems may be installed to protect
(b) Two or more branch lines, at least main and secondary belt conveyor
one of which shall be above the top belt drives, however, where such systems
and one between the top and bottom are employed, they shall be installed
belt, shall be installed in each sprin- and maintained in accordance with the
kler system to provide a uniform dis- provisions of §§ 75.1101–14 through
charge of water to the belt surface. 75.1101–22.
(c) The water discharge rate from the
sprinkler system shall not be less than § 75.1101–14 Installation of dry powder
0.25 gallon per minute per square foot chemical systems.
of the top surface of the top belt and (a) Self-contained dry powder chem-
the discharge shall be directed at both ical systems shall be installed to pro-
the upper and bottom surfaces of the tect each belt-drive, belt takeup, elec-
top belt and to the upper surface of the trical-controls, gear reducing units and
bottom belt. The supply of water shall 50 feet of fire-resistant belt or 150 feet
be adequate to provide a constant flow of non-fire-resistant belt adjacent to
of water for 10 minutes with all sprin- the belt drive.
klers functioning. (b) The fire-control components of
(d) Each individual sprinkler shall be each dry powder chemical system shall
activated at a temperature of not less be a type approved by the Under-
than 150 °F. and not more than 300 °F. writers’ Laboratories, Inc., or Factory
(e) Water systems shall include Mutual Engineering Corp.
strainers with a flush-out connection (c) The components of each dry pow-
and a manual shut-off valve. der chemical system shall be located so
as to minimize the possibility of dam-
§ 75.1101–9 Back-up water system. age by roof fall or by the moving belt
One fire hose outlet together with a and its load.
length of hose capable of extending to
the belt drive shall be provided within § 75.1101–15 Construction of dry pow-
300 feet of each belt drive. der chemical systems.
(a) Each self-contained dry powder
§ 75.1101–10 Water sprinkler systems; system shall be equipped with hose or
fire warning devices at belt drives. pipe lines which are no longer than
Each water sprinkler system shall be necessary.
equipped with a device designed to stop (b) Metal piping and/or hose between
the belt drive in the event of a rise in control valves and nozzles shall have a
610
minimum bursting pressure of 500 § 75.1101–19 Nozzles; flow rate and di-
p.s.i.g. rection.
(c) Hose shall be protected by wire The nozzles of each dry powder chem-
braid or its equivalent. ical system shall be capable of dis-
(d) Nozzles and reservoirs shall be charging all powder within 1 minute
sufficient in number to provide max- after actuation of the system and such
imum protection to each belt, belt nozzles shall be directed so as to mini-
takeup, electrical controls, and gear mize the effect of ventilation upon fire
reducing unit. control.
(e) Each belt shall be protected on
the top surface of both the top and bot- § 75.1101–20 Safeguards for dry pow-
tom belts and the bottom surface of der chemical systems.
the top belt. Adequate guards shall be provided
§ 75.1101–16 Dry powder chemical sys- along all belt conveyors in the vicinity
tems; sensing and fire-suppression of each dry powder chemical system to
devices. protect persons whose vision is re-
stricted by a discharge of powder from
(a) Each self-contained dry powder
the system. In addition, hand-rails
chemical system shall be equipped with
shall be installed in such areas to pro-
sensing devices which shall be designed
vide assistance to those passing along
to activate the fire-control system,
the conveyor after a powder discharge.
sound an alarm and stop the conveyor
drive motor in the event of a rise in § 75.1101–21 Back-up water system.
temperature, and provision shall be
made to minimize contamination of One fire hose outlet together with a
the lens of any optical sensing device length of hose capable of extending to
installed in such system. the belt drive shall be provided within
(b) Where sensors are operated from 300 feet of each belt drive.
the same power source as the belt
§ 75.1101–22 Inspection of dry powder
drive, each sensor shall be equipped chemical systems.
with a standby power source which
shall be capable of remaining operative (a) Each dry powder chemical system
for at least 4 hours after a power cut- shall be examined weekly and a func-
off. tional test of the complete system
(c) Sensor systems shall include a shall be conducted at least once each
warning indicator (or test circuit) year.
which shows it is operative. (b) Where the dry powder chemical
(d) Each fire-suppression system system has been actuated, all compo-
shall be equipped with a manually op- nents of the system shall be cleaned
erated control valve which shall be immediately by flushing all powder
independent of the sensor. from pipes and hoses and all hose dam-
aged by fire shall be replaced.
§ 75.1101–17 Sealing of dry powder
chemical systems. § 75.1102 Slippage and sequence
switches.
Each dry powder chemical system
shall be adequately sealed to protect [STATUTORY PROVISIONS]
all components of the system from
moisture dust, and dirt. Underground belt conveyors shall be
equipped with slippage and sequence
§ 75.1101–18 Dry powder requirements. switches.
Each dry powder chemical system
§ 75.1103 Automatic fire warning de-
shall contain the following minimum vices.
amounts of multipurpose dry powder:
Dry
Belt powder,
pounds On or before May 29, 1970, devices
shall be installed on all such belts
Fire resistant ............................................................ 125 which will give a warning automati-

Non-fire resistant ..................................................... 250
cally when a fire occurs on or near
611
§ 75.1103–1 30 CFR Ch. I (7–1–20 Edition)
such belt. The Secretary shall pre- § 75.1103–4 Automatic fire sensor and
scribe a schedule for installing fire sup- warning device systems; installa-
pression devices on belt haulageways. tion; minimum requirements.
(a) Effective December 31, 2009, auto-
§ 75.1103–1 Automatic fire sensors. matic fire sensor and warning device
A fire sensor system shall be in- systems that use carbon monoxide sen-
stalled on each underground belt con- sors shall provide identification of fire
veyor. Sensors so installed shall be of a along all belt conveyors.
type which will (a) give warning auto- (1) Carbon monoxide sensors shall be
matically when a fire occurs on or near installed at the following locations:
such belt; (b) provide both audible and (i) Not more than 100 feet downwind
visual signals that permit rapid loca- of each belt drive unit, each tailpiece
tion of the fire. transfer point, and each belt take-up. If
the belt drive, tailpiece, and/or take-up
§ 75.1103–2 Automatic fire sensors; ap- for a single transfer point are installed
proved components; installation re-
quirements. together in the same air course, and
the distance between the units is less
(a) The components of each auto- than 100 feet, they may be monitored
matic fire sensor required to be in- with one sensor downwind of the last
stalled in accordance with the provi- component. If the distance between the
sions of § 75.1103–1 shall be of a type and units exceeds 100 feet, additional sen-
installed in a manner approved by the sors are required downwind of each belt
Secretary, or the components shall be drive unit, each tailpiece transfer
of a type listed, approved and installed point, and each belt take-up;
in accordance with the recommenda- (ii) Not more than 100 feet downwind
tions of a nationally recognized testing of each section loading point;
laboratory approved by the Secretary. (iii) Along the belt entry so that the
(b) Where applicable, and not incon- spacing between sensors does not ex-
sistent with these regulations, auto- ceed 1,000 feet. Where air velocities are
matic fire sensors shall be installed in less than 50 feet per minute, spacing
accordance with the recommendations
must not exceed 350 feet; and
set forth in National Fire Code No. 72A (iv) The mine operator shall indicate
‘‘Local Protective Signaling Systems’’
the locations of all carbon monoxide
(NFPA No. 72A–1967). National Fire
sensors on the mine maps required by
Code No. 72A (1967) is hereby incor-
§§ 75.1200 and 75.1505 of this part.
porated by reference and made a part
(2) Where used, sensors responding to
hereof. National Fire Code No. 72A is
radiation, smoke, gases, or other indi-
available for examination at each
cations of fire, shall be spaced at reg-
MSHA Coal Mine Safety and Health
ular intervals to provide protection
district office, and may be obtained
equivalent to carbon monoxide sensors,
from the National Fire Protection As-
and installed within the time specified
sociation, 11 Tracy Drive, Avon, MA
in paragraph (a)(3) of this section.
02322; Telephone: 800–344–3555 (toll free);
(3) When the distance from the tail-
http://www.nfpa.org.
piece at loading points to the first
[37 FR 16546, Aug. 16, 1972, as amended at 71 outby sensor reaches the spacing re-
FR 16668, Apr. 3, 2006] quirements in § 75.1103–4(a)(1)(iii), an
additional sensor shall be installed and
§ 75.1103–3 Automatic fire sensor and
warning device systems; minimum put in operation within 24 production
requirements; general. shift hours. When sensors of the kind
described in paragraph (a)(2) of this
Automatic fire sensor and warning section are used, they shall be installed
device systems installed in belt and put in operation within 24 produc-
haulageways of underground coal tion shift hours after the equivalent
mines shall be assembled from compo-
distance which has been established for
nents which meet the minimum re-
the sensor from the tailpiece at loading
quirements set forth in §§ 75.1103–4
points to the first outby sensor is first
through 75.1103–7 unless otherwise ap-
reached.
proved by the Secretary. (b) Automatic fire sensor and warn-

[37 FR 16545, Aug. 16, 1972] ing device systems shall be installed so
612
as to minimize the possibility of dam- an effective warning signal at the fol-

age from roof falls and the moving belt lowing locations:
and its load. Sensors must be installed (1) At working sections and other
near the center in the upper third of work locations where miners may be
the entry, in a manner that does not endangered from a fire in the belt
expose personnel working on the sys- entry.
tem to unsafe conditions. Sensors must (2) At a manned surface location
not be located in abnormally high where personnel have an assigned post
areas or in other locations where air of duty. The manned surface location
flow patterns do not permit products of must have:
combustion to be carried to the sen- (i) A telephone or equivalent commu-
sors. nication with all miners who may be
(c) Infrared, ultraviolet, and other endangered and
sensors whose effectiveness is impaired (ii) A map or schematic that shows
by contamination shall be protected the locations of sensors, and the in-
from dust, dirt, and moisture. tended air flow direction at these loca-
(d) The voltage of automatic fire sen- tions. This map or schematic must be
sor and warning device systems shall updated within 24 hours of any change
not exceed 120 volts. in this information.
(e) Except when power must be cut (3) The automatic fire sensor and
off in the mine under the provisions of warning device system shall be mon-
§ 75.313, automatic fire sensor and itored for a period of 4 hours after the
warning device systems shall be capa- belt is stopped, unless an examination
ble of giving warning of fire for a min- for hot rollers and fire is made as pre-
imum of 4 hours after the source of scribed in § 75.1103–4(e).
power to the belt is removed unless the (b) The fire sensor and warning de-
belt haulageway is examined for hot vice system shall include a means for
rollers and fire as provided in para- rapid evaluation of electrical short and
graph (e) (1) or (2) of this section. open circuits, ground faults, pneumatic
(1) When an unplanned removal of leaks, or other defect detrimental to
power from the belt occurs an examina- its proper operational condition.
tion for hot rollers and fire in the oper- (c) Automatic fire sensor and warn-
ating belts of a conveyor system shall ing devices shall include a manual
be completed within 2 hours after the reset feature.
belt has stopped. (d) When a malfunction or warning
signal is received at the manned sur-
(2) When a preplanned removal of
face location, the sensors that are acti-
power from the belt occurs an examina-
vated must be identified and appro-
tion for hot rollers and fire on the op-
priate personnel immediately notified.
erating belts of a conveyor system may
(e) Upon notification of a malfunc-
commence not more than 30 minutes
tion or warning signal, appropriate per-
before the belts are stopped and shall
sonnel must immediately initiate an
be completed within 2 hours after the
investigation to determine the cause of
examination is commenced, or the ex-
the malfunction or warning signal and
amination shall be commenced when
take the required actions set forth in
the belts are stopped and completed
paragraph (f) of this section.
within 2 hours after the belts are
(f) If any sensor indicates a warning,
stopped.
the following actions must be taken
[37 FR 16545, Aug. 16, 1972, as amended at 57 unless the mine operator determines
FR 20928, May 15, 1992; 73 FR 80614, Dec. 31, that the signal does not present a haz-
2008] ard to miners:
(1) Appropriate personnel must notify
§ 75.1103–5 Automatic fire warning de- miners in affected working sections, in
vices; actions and response. affected areas where mechanized min-
(a) When the carbon monoxide level ing equipment is being installed or re-
reaches 10 parts per million above the moved, and at other locations specified
established ambient level at any sensor in the approved mine emergency evacu-
location, automatic fire sensor and ation and firefighting program of in-
warning device systems shall provide struction; and
613
§ 75.1103–6 30 CFR Ch. I (7–1–20 Edition)
(2) All miners in the affected areas, (6) Handheld detectors used to mon-
unless assigned emergency response du- itor the belt entry under this section
ties, must be immediately withdrawn must have a detection level equivalent
to a safe location identified in the to that of the system’s carbon mon-
mine emergency evacuation and fire- oxide sensors.
fighting program of instruction. [37 FR 16545, Aug. 16, 1972, as amended at 73
(g) If the warning signal will be acti- FR 80615, Dec. 31, 2008]
vated during calibration of sensors,
personnel manning the surface location § 75.1103–6 Automatic fire sensors; ac-
must be notified prior to and upon tuation of fire suppression systems.
completion of calibration. Affected Point-type heat sensors or automatic
working sections, areas where mecha- fire sensor and warning device systems
nized mining equipment is being in- may be used to actuate deluge-type
stalled or removed, or other areas des- water systems, foam generator sys-
ignated in the approved emergency tems, multipurpose dry-powder sys-
evacuation and firefighting program of tems, or other equivalent automatic
instruction must be notified at the be- fire suppression systems.
ginning and completion of calibration.
(h) If any fire detection component [73 FR 80615, Dec. 31, 2008]
becomes inoperative, immediate action
§ 75.1103–7 Electrical components; per-
must be taken to repair the compo- missibility requirements.
nent. While repairs are being made, op-
eration of the belt may continue if the The electrical components of each
following requirements are met: automatic fire sensor and warning de-
(1) If one sensor becomes inoperative, vice system shall:
a trained person must continuously (a) Remain functional when the
monitor for carbon monoxide at the in- power circuits are deenergized as re-
operative sensor; quired by § 75.706; and
(2) If two or more adjacent sensors (b) Be provided with protection
become inoperative, trained persons against ignition of methane or coal
must patrol and continuously monitor dust when the electrical power is deen-
the affected areas for carbon monoxide ergized as required by § 75.313, but these
so that they will be traveled each hour components shall be permissible or in-
in their entirety. Alternatively, a trinsically safe if installed in a return
trained person must be stationed at airway.
each inoperative sensor to monitor for [37 FR 16546, Aug. 16, 1972, as amended at 57
carbon monoxide; FR 20929, May 15, 1992]
(3) If the complete fire detection sys-
tem becomes inoperative, trained per- § 75.1103–8 Automatic fire sensor and
sons must patrol and continuously warning device systems; examina-
monitor the affected areas for carbon tion and test requirements.
monoxide so that they will be traveled (a) Automatic fire sensor and warn-
each hour in their entirety; ing device systems shall be examined
(4) Trained persons who conduct at least once each shift when belts are
monitoring under this section must operated as part of a production shift.
have two-way voice communication ca- A functional test of the warning sig-
pability, at intervals not to exceed nals shall be made at least once every
2,000 feet, and must report carbon mon- seven days. Examination and mainte-
oxide concentrations to the surface at nance of such systems shall be by a
intervals not to exceed one hour; qualified person.
(5) Trained persons who conduct (b) A record of the functional test
monitoring under this section must im- conducted in accordance with para-
mediately report to the surface any graph (a) of this section shall be main-
concentration of carbon monoxide that tained by the operator and kept for a
reaches 10 parts per million above the period of one year.
established ambient level, unless the (c) Sensors shall be calibrated in ac-
mine operator knows that the source of cordance with the manufacturer’s cali-
the carbon monoxide does not present a bration instructions at intervals not to
hazard to miners; and exceed 31 days. A record of the sensor
614
calibrations shall be maintained by the (d) The fire suppression system re-
operator and kept for a period of one quired at the belt drive shall include
year. the belt discharge head.
(e) A crew consisting of at least five
[73 FR 80615, Dec. 31, 2008]
members for each working shift shall
§ 75.1103–9 Minimum requirements; be trained in firefighting operations.
fire suppression materials and loca- Fire drills shall be held at intervals not
tion; maintenance of entries and exceeding 6 months.
crosscuts; access doors; communica-
[37 FR 16546, Aug. 16, 1972]
tions; fire crews; high-expansion
foam devices.
§ 75.1103–10 Fire suppression systems;
(a) The following materials shall be additional requirements.
stored within 300 feet of each belt drive For each conveyor belt flight exceed-
or at a location where the material can ing 2,000 feet in length, where the aver-
be moved to the belt drive within 5 age air velocity along the belt haulage
minutes, except that when the ven- entry exceeds 100 feet per minute, an
tilating current in the belt haulageway additional cache of the materials speci-
travels in the direction of the normal fied in § 75.1103–9(a)(1), (2), and (3) shall
movement of coal on the belt, the ma- be provided. The additional cache may
terials shall be stored within 300 feet of be stored at the locations specified in
the belt tailpiece or at a location § 75.1103–9(a), or at some other strategic
where the materials can be moved to location readily accessible to the con-
the belt tailpiece within 5 minutes. veyor belt flight.
(1) 500 feet of fire hose, except that if
the belt flight is less than 500 feet in [73 FR 80616, Dec. 31, 2008]
length the fire hose may be equal to
§ 75.1103–11 Tests of fire hydrants and
the length of the belt flight. A high ex- fire hose; record of tests.
pansion foam device may be sub-
stituted for 300 feet of the 500 feet of Each fire hydrant shall be tested by
the fire hose. Where used, such foam opening to insure that it is in oper-
generators shall produce foam suffi- ating condition, and each fire hose
cient to fill 100 feet of the belt shall be tested, at intervals not exceed-
haulageway in not more than 5 mining 1 year. A record of these tests shall
utes. Sufficient power cable and water be maintained at an appropriate loca-
hose shall be provided so that the foam tion.
generator can be installed at any cross- [37 FR 16546, Aug. 16, 1972]
cut along the belt by which the gener-
ator is located. A 1-hour supply of foam § 75.1104 Underground storage, lubri-
producing chemicals and tools and cating oil and grease.
hardware required for its operation
shall be stored at the foam generator.
(2) Tools to open a stopping between Underground storage places for lubri-
the belt entry and the adjacent intake cating oil and grease shall be of fire-
entry; and proof construction. Except for specially
(3) 240 pounds of bagged rock dust. prepared materials approved by the
(b) The entry containing the main Secretary, lubricating oil and grease
waterline and the crosscuts containing kept in all underground areas in a coal
water outlets between such entry and mine shall be in fireproof, closed metal
the belt haulageway (if the main wa- containers or other no less effective
terline is in an adjacent entry) shall be containers approved by the Secretary.
maintained accessible and in safe con-
dition for travel and firefighting ac- § 75.1106 Welding, cutting, or soldering
tivities. Each stopping in such cross- with arc or flame underground.
cuts or adjacent crosscuts shall have
an access door.
(c) Suitable communication lines ex- All welding, cutting, or soldering
tending to the surface shall be provided with arc or flame in all underground
in the belt haulageway or adjacent areas of a coal mine shall, whenever

entry. practicable, be conducted in fireproof
615
§ 75.1106–1 30 CFR Ch. I (7–1–20 Edition)
enclosures. Welding, cutting, or sol- uefied and nonliquefied compressed gas

dering with arc or flame in other than cylinders are transported by a trolley
a fireproof enclosure shall be done wire haulage system into or through an
under the supervision of a qualified underground coal mine, such cylinders
person who shall make a diligent shall be placed in well insulated and
search for fire during and after such substantially constructed containers
operations and shall, immediately be- which are specifically designed for
fore and during such operations, con- holding such cylinders.
tinuously test for methane with means (c) Liquefied and nonliquefied com-
approved by the Secretary for detect- pressed gas cylinders shall not be
ing methane. Welding, cutting, or sol- transported on mantrips.
dering shall not be conducted in air [36 FR 22061, Nov. 19, 1971]
that contains 1.0 volume per centum or
more of methane. Rock dust or suitable § 75.1106–3 Storage of liquefied and
fire extinguishers shall be immediately nonliquefied compressed gas cyl-
available during such welding, cutting inders; requirements.
or soldering. (a) Liquefied and nonliquefied com-
pressed gas cylinders stored in an un-
§ 75.1106–1 Test for methane. derground coal mine shall be:
Until December 31, 1970, a permissible (1) Clearly marked and identified as
flame safety lamp may be used to to their contents in accordance with
make tests for methane required by the Department of Transportation regula-
regulations in this part. On and after tions.
December 31, 1970 a methane detector (2) Placed securely in storage areas
approved by the Secretary shall be designated by the operator for such
used for such tests and a permissible purpose, and where the height of the
flame safety lamp may be used as a coalbed permits, in an upright position,
supplemental testing device. A person preferably in specially designated
qualified to test for methane under racks, or otherwise secured against
§ 75.151 will be a qualified person for the being accidently tipped over.
purpose of this section. (3) Protected against damage from
falling material, contact with power
TRANSPORTATION, HANDLING AND STOR- lines and energized electrical equip-
AGE OF LIQUEFIED AND NONLIQUEFIED ment, heat from welding, cutting or
COMPRESSED GAS CYLINDERS soldering, and exposure to flammable
liquids.
§ 75.1106–2 Transportation of liquefied (b) Liquefied and nonliquefied com-
and nonliquefied compressed gas pressed gas cylinders shall not be
cylinders; requirements. stored or left unattended in any area
(a) Liquefied and nonliquefied com- inby the last open crosscut of an under-
pressed gas cylinders transported into ground coal mine.
or through an underground coal mine (c) When not in use, the valves of all
shall be: liquefied and nonliquefied compressed
(1) Placed securely in devices de- gas cylinders shall be in the closed po-
signed to hold the cylinder in place sition, and all hoses shall be removed
during transit on self-propelled equip- from the cylinder.
ment or belt conveyors; [36 FR 22061, Nov. 19, 1971]
(2) Disconnected from all hoses and
gages; § 75.1106–4 Use of liquefied and non-
(3) Equipped with a metal cap or liquefied compressed gas cylinders;
‘‘headband’’ (fence-type metal pro- general requirements.
tector around the valve stem) to pro- (a) Persons assigned by the operator
tect the cylinder valve during transit; to use and work with liquefied and non-
and, liquefied compressed gas shall be
(4) Clearly labeled ‘‘empty’’ or ‘‘MT’’ trained and designated by the operator
when the gas in the cylinder has been as qualified to perform the work to
expended. which they are assigned, and such
(b) In addition to the requirements of qualified persons shall be specifically

paragraph (a) of this section, when liq- instructed with respect to the dangers
616
inherent in the use of such gases in an (b) Defective cylinders, cylinder ac-
underground coal mine. cessories, torches, and other welding,
(b) Persons who perform welding, cutting, and burning equipment shall
cutting, or burning operations shall be labeled ‘‘defective’’ and taken out of
wear clothing free from excessive oil or service.
grease. (c) Each qualified person assigned to
(c) Liquefied and nonliquefied com- perform welding, cutting, or burning
pressed gas shall be used only in well- with liquefied and nonliquefied com-
ventilated areas. pressed gas shall be equipped with a
(d) Not more than one liquefied or wrench specifically designed for use
nonliquefied compressed gas unit, con- with liquefied and nonliquefied com-
sisting of one oxygen cylinder and one pressed gas cylinders and a suitable
additional gas cylinder, shall be used torchtip cleaner to maintain torches in
to repair any unit of equipment which a safe operating condition.
is inby the loading point of any sec- (d) Tests for leaks on the hose valves
tion. or gages of liquefied and nonliquefied
(e) Where liquefied and nonliquefied compressed gas cylinders shall only be
compressed gas is used regularly in un- made with a soft brush and soapy water
derground shops or other underground or soap suds, or other device approved
structures, such shops or structures by the Secretary.
shall be on a separate split of air. [36 FR 22062, Nov. 19, 1971]
(f) Where liquefied and nonliquefied
compressed gas is used in any area in § 75.1106–6 Exemption of small low
which oil, grease, or coal dust is pressure gas cylinders containing
present, oil and grease deposits shall, nonflammable or nonexplosive gas
where practicable, be removed and the mixtures.
entire area within 10 feet of the work- Small low pressure gas cylinders con-
site covered with a heavy coating of taining nonflammable or nonexplosive
rock dust. gas mixtures, which provide for the
(g) Liquefied and nonliquefied com- emission of such gas under a pressure
pressed gas cylinders shall be located reduced from a pressure which does not
no less than 10 feet from the worksite, exceed 250 p.s.i.g., and which is manu-
and where the height of the coal seam factured and sold in conformance with
permits, they shall be placed in an up- U.S. Department of Transportation
right position and chained or otherwise Special Permit No. 6029 as a calibration
secured against falling. test kit for methane monitoring sys-
(h) Liquefied and nonliquefied com- tems, shall be exempt from the require-
pressed gas shall not be used under di- ments of §§ 75.1106–2(c) and 75.1106–4(d),
rect pressure from the cylinder and, (f) and (g).
where such gases are used under re- [36 FR 22062, Nov. 19, 1971]
duced pressure, the pressure level shall
not exceed that recommended by the FIRE SUPPRESSION DEVICES AND FIRE-
manufacturer. RESISTANT HYDRAULIC FLUIDS ON UN-
(i) ‘‘Manifolding cylinders’’ shall DERGROUND EQUIPMENT
only be performed in well-ventilated
shops where the necessary equipment § 75.1107 Fire suppression devices.
is properly installed and operated in
accordance with specifications for safe- [STATUTORY PROVISIONS]
ty prescribed by the manufacturer. On and after March 30, 1971, fire-sup-
[36 FR 22061, Nov. 19, 1971] pression devices meeting specifications
prescribed by the Secretary shall be in-
§ 75.1106–5 Maintenance and tests of stalled on unattended underground
liquefied and nonliquefied com- equipment and suitable fire-resistant
pressed gas cylinders; accessories hydraulic fluids approved by the Sec-
and equipment; requirements. retary shall be used in the hydraulic
(a) Hose lines, gages, and other cyl- systems of such equipment. Such fluids
inder accessories shall be maintained shall be used in the hydraulic systems

in a safe operating condition. of other underground equipment unless
617
§ 75.1107–1 30 CFR Ch. I (7–1–20 Edition)
fire suppression devices meeting speci- such jobsite during each production
fications prescribed by the Secretary shift.
are installed on such equipment. (d) Machines and devices described
under paragraph (c) of this section
§ 75.1107–1 Fire-resistant hydraulic must be inspected for fire and the input
fluids and fire suppression devices
on underground equipment. powerline deenergized when workmen
leave the area for more than 30 min-
(a)(1) Unattended electrically pow- utes.
ered equipment used underground
which uses hydraulic fluid shall use ap- [37 FR 15301, July 29, 1972]
proved fire-resistant hydraulic fluid.
(2) Except as provided in paragraph § 75.1107–2 Approved fire-resistant hy-
(a) (3) of this section, within 24 produc- draulic fluids; minimum require-
tion shift hours after being installed, ments.
unattended electrically powered equip- Fire-resistant hydraulic fluids and
ment used underground shall be concentrates required to be employed
equipped with a fire suppression device in the hydraulic system of underground
which meets the applicable require- equipment in accordance with the pro-
ments of §§ 75.1107–3 through 75.1107–16. visions of § 75.1107–1 shall be considered
(3) Unattended enclosed motors, con- suitable only if they have been pro-
trols, transformers, rectifiers, and duced under an approval, or any modi-
other similar noncombustible elec- fication thereof, issued pursuant to
trically powered equipment containing
Part 35 Subchapter I of this chapter
no flammable fluid may be protected:
(Bureau of Mines Schedule 30), or any
(i) By an approved fire suppression
revision thereof.
device, or
(ii) Be located at least 2 feet from [37 FR 15301, July 29, 1972]
coal or other combustible materials, or
(iii) Be separated from the coal or § 75.1107–3 Fire suppression devices;
combustible materials by a 4-inch- approved components; installation
thick masonry firewall or equivalent; requirements.
and be mounted on a minimum 4-inch- (a) The components of each fire sup-
thick noncombustible surface, plat- pression device required to be installed
form, or equivalent. The electrical ca- in accordance with the provisions of
bles at such equipment shall conform § 75.1107–1 shall be approved by the Sec-
with the requirements of Part 18 of this retary, or where appropriate be listed
chapter (Bureau of Mines Schedule 2G) as approved by a nationally recognized
or be in metal conduit.
agency approved by the Secretary.
(b) Attended electrically powered
(b) Where used, pressure vessels shall
equipment used underground which
uses hydraulic fluid shall use approved conform with the requirements of sec-
fire-resistant hydraulic fluid unless tions 3603, 3606, 3607, 3707, and 3708 of
such equipment is protected by a fire National Fire Code No. 22 ‘‘Water
suppression device which meets the ap- Tanks for Private Fire Protection’’
plicable requirements of §§ 75.1107–3— (NFPA No. 22–1971).
75.1107–16. (c) The cover of hose of fire suppres-
(c) For purpose of §§ 75.1107—75.1107–16 sion devices, if used on the protected
the following underground equipment equipment and installed after the effec-
shall be considered attended equip- tive date of this section, shall meet the
ment: flame-resistant requirements of Part 18
(1) Any machine or device regularly of this chapter (Bureau of Mines Sched-
operated by a miner assigned to oper- ule 2G).
ate such machine or device; (d) Fire suppression devices required
(2) Any machine or device which is to be installed in accordance with the
mounted in the direct line of sight of a provisions of § 75.1107–1 shall where ap-
jobsite which is located within 500 feet propriate be installed in accordance
of such machine or device and which
with the manufacturer’s specifications.

jobsite is regularly occupied by a
miner assigned to perform job duties at [37 FR 15301, July 29, 1972]
618
§ 75.1107–4 Automatic fire sensors and other protective device) actuates. On

manual actuators; installation; min- attended equipment powered through a
imum requirements. trailing cable the fire suppression de-
(a)(1) Where fire suppression devices vice shall operate independently of the
are installed on unattended under- electrical power provided by the cable.
ground equipment, one or more point- (d) Point-type sensors (such as ther-
type sensors or equivalent shall be in- mocouple, bimetallic strip, or rate of
stalled for each 50 square feet of top temperature rise) located in ventilated
surface area, or fraction thereof, of passageways shall be installed down-
such equipment, and each sensor shall wind from the equipment to be pro-
be designed to activate the first sup- tected.
pression system and disconnect the (e) Sensor systems shall include a de-
electrical power source to the equip- vice or method for determining their
ment protected, and, except where operative condition.
sprinklers are used, there shall be in [37 FR 15301, July 29, 1972]
addition, a manual actuator installed
to operate the system. Where sprin- § 75.1107–5 Electrical components of
klers are used, provision shall be made fire suppression devices; permissi-
for manual application of water to the bility requirements.
protected equipment in lieu of a man- The electrical components of each
ual actuator. fire suppression device used on permis-
(2) Two or more manual actuators, sible equipment inby the last open
where practicable, shall be installed, as crosscut or on equipment in the return
provided in paragraphs (a)(2) (i) and (ii) airways of any coal mine shall be per-
of this section, to activate fire suppres- missible or intrinsically safe and such
sion devices on attended equipment components shall be maintained in per-
purchased on or after the effective date missible or intrinsically safe condition.
of this § 75.1107–4. At least one manual [37 FR 15302, July 29, 1972]
actuator shall be used on equipment
purchased prior to the effective date of § 75.1107–6 Capacity of fire suppres-
this § 75.1107–4. sion devices; location and direction
(i) Manual actuators installed on at- of nozzles.
tended equipment regularly operated (a) Each fire suppression device shall
by a miner, as provided in § 75.1107– be:
1(c)(1) shall be located at different lo- (1) Adequate in size and capacity to
cations on the equipment, and at least extinguish potential fires in or on the
one manual actuator shall be located equipment protected; and
within easy reach of the operator’s nor- (2) Suitable for the atmospheric con-
mal operating position. ditions surrounding the equipment pro-
(ii) Manual actuators to activate fire tected (e.g., air velocity, type, and
suppression devices on attended equip- proximity of adjacent combustible ma-
ment not regularly operated by a terial); and
miner, as provided in § 75.1107–1(c)(2), (3) Rugged enough to withstand
shall be installed at different location, rough usage and vibration when in-
and at least one manual actuator shall stalled on mining equipment.
be installed so as to be easily reached (b) The extinguishant-discharge noz-
by the miner at the jobsite or by per- zles of each fire suppression device
sons approaching the equipment. shall, where practicable, be located so
(b) Sensors shall, where practicable, as to take advantage of mine ventila-
be installed in accordance with the rection air currents. The fire suppression
ommendations set forth in National device may be of the internal injection,
Fire Code No. 72A ‘‘Local Protective inundating, or combination type.
Signaling Systems’’ (NFPA No. 72A– Where fire control is achieved by inter-
1967). nal injection, or combination of inter-
(c) On unattended equipment the fire nal injection and inundation, haz-
suppression device shall operate inde- ardous locations shall be enclosed to
pendently of the power to the main minimize runoff and overshoot of the
motor (or equivalent) so it will remain extinguishing agent and the extin-
operative if the circuit breakers (or guishing agent shall be directed onto:
619
§ 75.1107–7 30 CFR Ch. I (7–1–20 Edition)
(1) Cable reel compartments and elec- (e) On equipment provided with a
trical cables on the equipment which cable reel and an internal injection or
are subject to flexing or to external combination-type system, the amount
damage; and of water discharged into the cable reel
(2) All hydraulic components on the compartments shall be approximately
equipment which are exposed directly 25 percent of the amount required to be
to or located in the immediate vicinity discharged by the system, however,
of electrical cables which are subject such quantity need not exceed 10 gal-
to flexing or to damage. lons.
[37 FR 15302, July 29, 1972] (f) Liquid chemicals may be used, as
approved by the Secretary in self-con-
§ 75.1107–7 Water spray devices; capac- tained fire suppression devices. Such
ity; water supply; minimum re- liquid chemicals shall be nontoxic and
quirements. when applied to a fire shall not produce
(a) Where water spray devices are excessive toxic compounds. The quan-
used on unattended underground equip- tity of liquid chemicals required shall
ment the rate of flow shall be at least be proportionately less than water as
0.25 gallon per minute per square foot based on equivalency ratings estab-
over the top surface area of the equip- lished by the Secretary or equivalency
ment and the supply of water shall be ratings made by a nationally recog-
adequate to provide the required flow nized agency approved by the Sec-
of water for 10 minutes. retary.
(b) Where water spray devices are
used for inundating attended under- [37 FR 15302, July 29, 1972]
ground equipment the rate of flow shall
be at least 0.18 gallon per minute per § 75.1107–8 Fire suppression devices;
square foot over the top surface area of extinguishant supply systems.
the equipment (excluding conveyors, (a) Fire suppression systems using
cutters, and gathering heads), and the water or liquid chemical to protect at-
supply of water shall be adequate to tended equipment shall:
provide the required flow of water for (1) Be maintained at a pressure con-
10 minutes. sistent with the pipe, fittings, valves,
(c) Where water is used for internal and nozzles used in the system.
injection on attended equipment the (2) Be located so as to be protected
total quantity of water shall be at against damage during operation of the
least 4.5 gallons times the number of equipment protected.
hazardous locations; however, the total (3) Employ liquid which is free from
minimum amount of water shall not be excessive sediment and noncorrosive to
less than the following: the system.
Type of equipment Water in (4) Include strainers equipped with
gallons flush-out connections or equivalent
(1) Cutting machines ........................................... 36 protective devices and a rising stem or
(2) Continuous miners ......................................... 36 other visual indicator-type shutoff
(3) Haulage vehicles ............................................ 22.5 valve.
(4) All other attended equipment ......................... 18.0
(b) Water supplies for fire suppression
devices installed on underground
The rate of flow shall be not less than equipment may be maintained in
7 gallons per minute. mounted water tanks or by connection
(d) Where water is used in a combina- to water mains. Such water supplies
tion internal injection and inundation shall be continuously connected to the
system on attended equipment the rate fire suppression device whenever the
of flow shall be at least 0.12 gallon per equipment is connected to a power
minute per square foot over the top source, except for a reasonable time for
surface area of the equipment (exclud-
changing hose connections to hydrants
ing conveyors, cutters, and gathering
while the machine is stopped in a ven-
heads), and the supply of water shall be
tilated passageway.
adequate to provide the required flow
of water for 10 minutes. [37 FR 15302, July 29, 1972]
620
§ 75.1107–9 Dry chemical devices; ca- than the following, except that sys-
pacity; minimum requirements. tems on haulage vehicles installed
(a) Dry chemical fire extinguishing prior to the effective date of this sec-
systems used on underground equip- tion may contain 20 pounds (nominal).
ment shall be of the multipurpose pow- Dry chem-
der-type and shall include the fol- Type of equipment ical
pounds
lowing: (nominal)
(1) The system including all hose and
nozzles shall be protected against the (1) Cutting machines ........................................... 40
entrance of moisture, dust, or dirt; (2) Continuous miners ......................................... 40
(3) Haulage vehicles ............................................ 30
(2) The system shall be guarded (4) All other attended equipment ......................... 20
against damage during operation of the
equipment protected; (d) The amount of dry chemical dis-
(3) Hose and pipe shall be as short as charged into the cable reel compart-
possible; the distance between the ments of attended underground equip-
chemical container and furthest nozzle ment shall be approximately 25 percent
shall not exceed 50 feet; of the total amount required to be dis-
(4) Hose, piping, and fittings between charged by the system; however, the
the actuator and the chemical con- quantity discharged into cable reel
tainer shall have a bursting pressure of compartments need not exceed 10
500 pounds per square inch (gage) or pounds.
higher; the hose, piping, and fittings
between the chemical container and [37 FR 15302, July 29, 1972]
the nozzles shall have a bursting pres-
sure of 300 pounds per square inch § 75.1107–10 High expansion foam de-
vices; minimum capacity.
(gage) or higher and
(5) The system shall discharge in 1 (a) On unattended underground
minute or less, for quantities less than equipment the amount of water deliv-
50 pounds (nominal) 1 and in less than 2 ered as high expansion foam for a pe-
minutes for quantities more than 50 riod of approximately 20 minutes shall
pounds; be not less than 0.06 gallon per minute
(b) On unattended underground per square foot of surface area of the
equipment, the number of pounds of equipment protected; however, the
dry chemical employed by the system minimum total rate for any system
shall be not less than 1 pound per shall be not less than 3 gallons per
square foot of top surface area of the minute.
equipment; however, the minimum (b) On attended underground equip-
amount in any system shall be 20 ment, foam may be delivered by inter-
pounds (nominal). The discharge shall nal injection, inundation, or combina-
be directed into and on potentially haz- tion-type systems. Each system shall
ardous locations of the equipment. deliver water as foam for a minimum
(c) On attended underground equip- of 10 minutes. For internal injection,
ment, the number of pounds (nominal) the rate of water application as high
employed by the system shall equal 5 expansion foam shall be not less than
times the total number of hazardous 0.5 gallon per minute per hazardous lo-
locations; however, the minimum cation; however, the minimum total
amount in any system shall not be less rate shall be not less than 2 gallons per
minute. For inundation, the rate of
1 Many dry chemical systems were origi- water application as high expansion
nally designed for sodium bicarbonate before foam shall be not less than 0.05 gallon
all-purpose chemical (ammonium phosphate) per minute per square foot of top sur-
was shown to be more effective. Sodium bi- face area of the equipment protected;
carbonate is denser than ammonium phos- however, the minimum total rate shall
phate; hence, for example, a 50-pound system be not less than 5 gallons of water per
designed for the sodium bicarbonate will
minute.
hold slightly more by weight than all-pur-
pose dry chemical (ammonium phosphate) by (c) In combined internal injection
and inundation systems the rate of
weight. The word ‘‘nominal’’ is used in

§ 75.1107–9 to express the approximate weight water applied as foam shall not be less
in pounds of all-purpose dry chemical. than 0.035 gallon per minute per square
621
§ 75.1107–11 30 CFR Ch. I (7–1–20 Edition)
foot of top surface area of the equip- (b) The fire suppression equipment
ment protected; however, the minimum shall be designed to withstand the rig-
total rate shall not be less than 3.5 gal- ors of the mine environment. Where
lons of water per minute. used, pressure vessels shall conform
(d) Where internal injection is em- with the requirements of section 3603,
ployed, the amount of water discharged 3606, 3607, 3707, and 3708 of National
as high expansion foam into the cable Fire Code No. 22 ‘‘Water Tanks for Pri-
reel compartments of underground vate Fire Protection’’ (NFPA No. 22–
equipment regularly operated by a 1971).
miner shall be approximately 25 per- (c) The cover of hose of fire suppres-
cent of the total amount required to be sion devices, if used on the protected
discharged by the system; however, the equipment, shall meet the flame-resist-
quantity of water discharged as foam ant requirements of Part 18 of this
into the cable reel compartment need chapter (Bureau of Mines Schedule 2G).
not exceed 1.5 gallons. (d) Extinguishing agents shall not
[37 FR 15303, July 29, 1972] create a serious toxic or other hazard
to the miners.
§ 75.1107–11 Extinguishing agents; re- (e) The electrical components of the
quirements on mining equipment fire suppression device shall meet the
employed in low coal. requirements for electrical components
On mining equipment no more than of the mining machine.
32 inches high, the quantity of extin- (f) Where used, manual actuators for
guishing agent required under the pro- initiating the operation of the fire sup-
visions of §§ 75.1107–7, 75.1107–9, and pression device shall be readily acces-
75.1107–10 may be reduced by one-fourth sible to the machine operator. On unat-
if space limitations on the equipment tended equipment, an automatic as
require such reduction. well as a manual actuator shall be pro-
vided.
[37 FR 15303, July 29, 1972]
(g) On unattended equipment the fire
§ 75.1107–12 Inerting of mine atmos- suppression device shall operate inde-
phere prohibited. pendently of the power to the main
motor (or equivalent) so it will remain
No fire suppression device designed operative if the circuit breakers (or
to control fire by total flooding shall other protective device) actuates. On
be installed to protect unattended unattended equipment powered through a
derground equipment except in en- trailing cable the fire suppression de-
closed dead-end entries or enclosed vice shall operate independently of the
rooms. electrical power provided by the cable.
[37 FR 15303, July 29, 1972] (h) On unattended equipment, the
sensor system shall have a means for
§ 75.1107–13 Approval of other fire checking its operative condition.
suppression devices. (i) The fire suppression agent shall be
Notwithstanding the provisions of directed at locations where the great-
§§ 75.1107–1 through 75.1107–12 the Dis- est potential fire hazard exists. Cable
trict Manager for the District in which reel compartments shall receive ap-
the mine is located may approve any proximately twice the quantity of ex-
other fire suppression system or device tinguishing agent as each other haz-
which provides substantially equiva- ardous location.
lent protection as would be achieved (j) The rate of application of the fire
through compliance with those sec- suppression agent shall minimize the
tions: Provided, That no such system or time for quenching and the total quan-
device shall be approved which does not tity applied shall be sufficient to
meet the following minimum criteria: quench a fire in its incipient stage.
(a) Components shall be approved by (k) The effectiveness of the quench-
the Secretary, or where appropriate be ing agent, together with the total
listed as approved by a nationally rec- quantity of agent and its rate of appli-
ognized agency approved by the Sec- cation shall provide equivalent protec-
retary. tion to the water, dry powder, or foam
622
systems described in §§ 75.1107–7, braid hose shall have at least two

75.1107–9, and 75.1107–10. braids, and wire braid hose shall have
(l) The fire suppression device shall at least a single braid.
be operable at all times electrical (7) In addition to the hose located at
power is connected to the mining ma- the hydrant (which is intended to be
chine, except during tramming when connected to the hose on the machine)
the machine is in a ventilated passage- the firefighting equipment required by
way, the water hose if used, may be § 75.1100–2(a) shall be maintained.
switched from one hydrant to another (8) A sufficient number of trained
in a reasonable time and except in sys- miners shall be kept on the section
tems meeting the minimum special cri- when the machine is in use to connect
teria set forth in paragraph (m) of this the machine hose to the hydrant hose
section. and achieve water flow in not more
(m) Systems for attended equipment than 3 minutes.
which are not continuously connected
to a water supply shall not be approved [37 FR 15303, July 29, 1972]
unless they meet the following min-
§ 75.1107–14 Guards and handrails; re-
imum criteria: quirements where fire suppression
(1) The machine shall be equipped devices are employed.
with a firehose at least 50 feet in
length which is continuously connected All unattended underground equip-
to the machine-mounted portion of the ment provided with fire suppression de-
system. vices which are mounted in dead end
(2) Hydrants in proximity to the area entries, enclosed rooms or other poten-
where the machine is to be used shall tially hazardous locations shall be
be equipped with sufficient hose to equipped with adequate guards at mov-
reach the machine at any time it is ing or rotating components. Handrails
connected to a power source. or other effective protective devices
(3) The machine shall be used only shall be installed at such locations
where the operator (or other person) where necessary to facilitate rapid
will always be in ventilated air egress from the area surrounding such
uncontaminated by smoke and hot equipment.
gases from the machine fire while ex- [37 FR 15303, July 29, 1972]
tending the machine-mounted hose to
connect with the hydrant-mounted § 75.1107–15 Fire suppression devices;
hose. hazards; training of miners.
(4) The machine and hydrant hoses Each operator shall instruct all min-
shall be readily accessible so that the ers normally assigned to the active
connection between the machine- workings of the mine with respect to
mounted hose and the hydrant hose any hazards inherent in the operation
can be made and water flow achieved in of all fire suppression devices installed
not more than 3 minutes under actual in accordance with § 75.1107–1 and,
mining conditions for any location of where appropriate, the safeguards
the machine while electric power is available at each such installation.
connected.
(5) The rate of water flow at the ma- [37 FR 15303, July 29, 1972]
chine shall provide a minimum of 0.12
gallon of water per minute per square § 75.1107–16 Inspection of fire suppres-
sion devices.
foot of top surface area (excluding con-
veyors, cutters, and gathering heads). (a) All fire suppression devices shall
The water shall discharge to all haz- be visually inspected at least once each
ardous locations on the machine. week by a person qualified to make
(6) Hose, if used on the machine, in such inspections.
addition to meeting the flame resistant (b) Each fire suppression device shall
requirements for the cover of a hose be tested and maintained in accordance
provided in §§ 75.1107–3(b) and 75.1107– with the requirements specified in the
13(c) shall have a minimum burst pres- appropriate National Fire Code listed
sure 4 times that of the static water as follows for the type and kind of de-
pressure at the mining machine. Fabric vice used:
623
§ 75.1107–17 30 CFR Ch. I (7–1–20 Edition)
National Fire Code No. 11A ‘‘High Expansion coal mines shall be approved under
Foam Systems’’ (NFPA No. 11A—1970). Part 14.
National Fire Code No. 13A ‘‘Care and Main-
tenance of Sprinkler Systems’’ (NFPA No. [73 FR 80616, Dec. 31, 2008]
13A—1971).
National Fire Code No. 15 ‘‘Water Spray
Fixed Systems for Fire Protection’’ (NFPA Subpart M—Maps
No. 15—1969).
National Fire Code No. 17 ‘‘Dry Chemical Ex- § 75.1200 Mine map.
tinguishing Systems’’ (NFPA No. 17—1969).
National Fire Code No. 72A ‘‘Local Protec- [STATUTORY PROVISIONS]
tive Signaling Systems’’ (NFPA No. 72A—
1967). The operator of a coal mine shall
National Fire Code No. 198 ‘‘Care of Fire have in a fireproof repository located
Hose’’ (NFPA No. 198—1969). in an area on the surface of the mine
chosen by the mine operator to mini-
(c) A record of the inspections re-
mize the danger of destruction by fire
quired by this section shall be main-
or other hazard, an accurate and up-to-
tained by the operator. The record of
date map of such mine drawn on scale.
the weekly inspections may be main-
Such map shall show:
tained at an appropriate location by
each fire suppression device. (a) The active workings;
(b) All pillared, worked out, and
[37 FR 15304, July 29, 1972, as amended at 60 abandoned areas, except as provided in
FR 33723, June 29, 1995] this section;
§ 75.1107–17 Incorporation by ref- (c) Entries and aircourses with the
erence; availability of publications. direction of airflow indicated by ar-
rows;
In accordance with 5 U.S.C. 552(a),
the technical publications to which ref- (d) Contour lines of all elevations;
erence is made in §§ 75.1107–1 through (e) Elevations of all main and cross
75.1107–16, and which have been pre- or side entries;
pared by organizations other than the (f) Dip of the coalbed;
Bureau of Mines or the Mine Safety (g) Escapeways;
and Health Administration, are hereby (h) Adjacent mine workings within
incorporated by reference and made a 1,000 feet;
part hereof. The incorporated publica- (i) Mines above or below;
tions are available for examination at (j) Water pools above; and
each MSHA Coal Mine Safety and (k) Either producing or abandoned oil
Health district office. National Fire and gas wells located within 500 feet of
Codes are available from the National such mine and any underground area of
Fire Protection Association, 11 Tracy such mine; and,
Drive, Avon, MA 02322; Telephone: 800– (l) Such other information as the
344–3555 (toll free); http://www.nfpa.org. Secretary may require. Such map shall
[37 FR 15304, July 29, 1972, as amended at 71
identify those areas of the mine which
FR 16669, Apr. 3, 2006] have been pillared, worked out, or
abandoned, which are inaccessible or
§ 75.1108 Approved conveyor belts. cannot be entered safely and on which
(a) Until December 31, 2009 conveyor no information is available.
belts placed in service in underground
§ 75.1200–1 Additional information on
coal mines shall be: mine map.
(1) Approved under Part 14; or
(2) Accepted under Part 18. Additional information required to
(b) Effective December 31, 2009 con- be shown on mine maps under § 75.1200
veyor belts placed in service in under- shall include the following:
ground coal mines shall be approved (a) Name and address of the mine;
under Part 14. If MSHA determines (b) The scale and orientation of the
that Part 14 approved belt is not avail- map;
able, the Agency will consider an ex- (c) The property or boundary lines of
tension of the effective date. the mine;
(c) Effective December 31, 2018 all (d) All drill holes that penetrate the
conveyor belts used in underground coalbed being mined;
624
(e) All shaft, slope, drift, and tunnel (n) The locations of refuge alter-
openings and auger and strip mined natives.
areas of the coalbed being mined;
(f) The location of all surface mine FR 80697, Dec. 31, 2008]
ventilation fans; the location may be
designated on the mine map by sym- § 75.1200–2 Accuracy and scale of mine
bols; maps.
(g) The location of railroad tracks (a) The scale of mine maps submitted
and public highways leading to the to the Secretary shall not be less than
mine, and mine buildings of a perma- 100 or more than 500 feet to the inch.
nent nature with identifying names (b) Mine traverses shall be advanced
shown; by closed loop methods of traversing or
(h) The location and description of at other equally accurate methods of tra-
least two permanent base line points versing.
coordinated with the underground and
surface mine traverses, and the loca- § 75.1201 Certification.
tion and description of at least two
permanent elevation bench marks used [STATUTORY PROVISIONS]
in connection with establishing or ref-
Such map shall be made or certified
erencing mine elevation surveys;
by a registered engineer or a registered
(i) The location of any body of water surveyor of the State in which the
dammed in the mine or held back in mine is located.
any portion of the mine; provided, how-
ever, such bodies of water may be § 75.1202 Temporary notations, revi-
shown on overlays or tracings attached sions, and supplements.
to the mine maps used to show contour
lines as provided under paragraph (m) [STATUTORY PROVISIONS]
of this section;
Such map shall be kept up-to-date by
(j) The elevations of tops and bot- temporary notations and such map
toms of shafts and slopes, and the floor shall be revised and supplemented at
at the entrance to drift and tunnel intervals prescribed by the Secretary
openings; on the basis of a survey made or cer-
(k) The elevation of the floor at in- tified by such engineer or surveyor.
tervals of not more than 200 feet in:
(1) At least one entry of each work- § 75.1202–1 Temporary notations, revi-
ing section, and main and cross entries; sions, and supplements.
(2) The last line of open crosscuts of (a) Mine maps shall be revised and
each working section, and main and supplemented at intervals of not more
cross entries before such sections and than 6 months.
main and cross entries are abandoned; (b) Temporary notations shall in-
(3) Rooms advancing toward or adja- clude:
cent to property or boundary lines or (1) The location of each working face
adjacent mines; of each working place;
(l) The elevation of any body of water (2) Pillars mined or other such second
dammed in the mine or held back in mining;
any portion of the mine; and,
(3) Permanent ventilation controls
(m) Contour lines passing through constructed or removed, such as seals,
whole number elevations of the coalbed overcasts, undercasts, regulators, and
being mined. The spacing of such lines permanent stoppings, and the direction
shall not exceed 10-foot elevation lev- of air currents indicated;
els, except that a broader spacing of
(4) Escapeways and refuge alter-
contour lines may be approved by the
natives designated by means of sym-
District Manager for steeply-pitching
bols.
coalbeds. Contour lines may be placed
on overlays or tracings attached to [35 FR 17890, Nov. 20, 1970, as amended at 73

mine maps. FR 80697, Dec. 31, 2008]
625
§ 75.1203 30 CFR Ch. I (7–1–20 Edition)
§ 75.1203 Availability of mine map. the Coal Mine Safety and Health Dis-
trict Office for the district in which the
[STATUTORY PROVISIONS] mine is located.
The coal mine map and any revision [35 FR 17890, Nov. 20, 1970, as amended at 60
and supplement thereof shall be avail- FR 33723, June 29, 1995; 71 FR 16669, Apr. 3,
able for inspection by the Secretary or 2006]
his authorized representative, by coal
mine inspectors of the State in which Subpart N—Explosives and
the mine is located, by miners in the Blasting
mine and their representatives and by
operators of adjacent coal mines and SOURCE: 53 FR 46786, Nov. 18, 1988, unless
by persons owning, leasing, or residing otherwise noted.
on surface areas of such mines or areas
adjacent to such mines. The operator § 75.1300 Definitions.
shall furnish to the Secretary or his The following definitions apply in
authorized representative and to the this subpart.
Secretary of Housing and Urban Devel- Approval. A document issued by
opment, upon request, one or more cop- MSHA which states that an explosive
ies of such maps and any revision and or explosive unit has met the require-
supplement thereof. Such map or revi- ments of this part and which author-
sion and supplement thereof shall be izes an approval marking identifying
kept confidential and its contents shall the explosive or explosive unit as ap-
not be divulged to any other person, proved as permissible.
except to the extent necessary to carry Battery starting. The use of
out the provisions of this Act and in unconfined explosives to start the flow
connection with the functions and re- of coal down a breast or chute in an an-
sponsibilities of the Secretary of Hous- thracite mine.
ing and Urban Development. Blasting off the solid. Blasting the
working face without providing a sec-
§ 75.1204 Mine closure; filing of map ond free face by cutting, shearing or
with Secretary. other method before blasting.
Instantaneous detonator. An electric
[STATUTORY PROVISIONS] detonator that fires within 6 milli-
Whenever an operator permanently seconds after application of the firing
closes or abandons a coal mine, or tem- current.
porarily closes a coal mine for a period Laminated partition. A partition com-
of more than 90 days, he shall promptly posed of the following material and
notify the Secretary of such closure. minimum nominal dimensions: 1⁄2-inch
Within 60 days of the permanent clo- thick plywood, 1⁄2-inch thick gypsum
sure or abandonment of the mine, or, wall board, 1⁄8-inch thick low carbon
when the mine is temporarily closed, steel and 1⁄4-inch thick plywood, bonded
upon the expiration of a period of 90 together in that order.
days from the date of closure, the oper- Opener hole. The first hole or holes
ator shall file with the Secretary a fired in a round blasted off the solid to
copy of the mine map revised and sup- create an additional free face.
plemented to the date of the closure. Permissible blasting unit. A device that
Such copy of the mine map shall be has been approved by MSHA and that
is used for firing electric detonators.
certified by a registered surveyor or
Permissible explosive. Any substance,
registered engineer of the State in
compound or mixture which is ap-
which the mine is located and shall be
proved by MSHA and whose primary
available for public inspection.
purpose is to function by explosion.
[35 FR 17890, Nov. 20, 1970, as amended at 60 Round. A group of boreholes fired or
FR 33723, June 29, 1995] intended to be fired in a continuous se-
quence with one application of the fir-
§ 75.1204–1 Places to give notice and ing current.
file maps. Sheathed explosive unit. A device con-
Operators shall give notice of mine sisting of an approved or permissible

closures and file copies of maps with explosive covered by a sheath encased
626
in a sealed covering and designed to be detonators and long period delay deto-
fired outside the confines of a borehole. nators for anthracite mines.
Short-delay electric detonator. An elec- (d) Permissible explosives and
tric detonator with a designated delay sheathed explosive units shall not be
period of 25 to 1,000 milliseconds. used underground when they are below
the minimum product firing tempera-
§ 75.1301 Qualified person. ture specified by the approval. Explo-
(a) A qualified person under this sub- sives previously approved which do not
part is a person who— specify a minimum firing temperature
(1) Is certified or qualified to use ex- are permissible for use so long as the
plosives by the State in which the mine present approval is maintained.
is located provided that the State re- (e) Electric detonators shall be com-
quires a demonstration of ability to patible with the blasting unit and have
safely use permissible explosives as sufficient strength to initiate the ex-
prescribed by this subpart effective plosives being used.
January 17, 1989; or
(2) In States that do not certify or § 75.1311 Transporting explosives and
qualify persons to use explosives re- detonators.
quired by this section, has at least 1 (a) When explosives and detonators
year of experience working in an un- are to be transported underground—
derground coal mine that includes di- (1) They shall be enclosed in sepa-
rect involvement with procedures for rate, substantially constructed con-
handling, loading, and preparing explo- tainers made of nonconductive mate-
sives for blasting and demonstrates to rial, with no metal or other conductive
an authorized representative of the materials exposed inside, except as
Secretary the ability to use permis- specified in paragraph (d) of this sec-
sible explosives safely. tion; and
(b) Persons qualified or certified by a (2) Each container of explosives and
State to use permissible explosives in of detonators shall be indelibly marked
underground coal mines as of May 17, with a readily visible warning identi-
1989, are considered qualified under this fying the contents.
section even though their State pro- (b) When explosives and detonators
gram did not contain a demonstration are transported by any cars or vehi-
of ability requirement. cles—
[35 FR 17890, Nov. 20, 1970, as amended at 56 (1) The cars or vehicles shall be
FR 51616, Oct. 11, 1991; 60 FR 33723, June 29, marked with warnings to identify the
1995] contents as explosive. The warnings
shall be readily visible to miners ap-
§ 75.1310 Explosives and blasting proaching from any direction and in in-
equipment. delible letters;
(a) Only permissible explosives, ap- (2) Explosives and detonators shall be
proved sheathed explosive units, and transported either in separate cars or
permissible blasting units shall be vehicles, or if in the same cars or vehi-
taken or used underground. cles as follows:
(b) Black blasting powder, alu- (i) Class A and Class C detonators in
minum-cased detonators, aluminum- quantities greater than 1,000 shall be
alloy-cased detonators, detonators kept in the original containers as
with aluminum leg wires, and safety shipped from the manufacturer and
fuses shall not be taken or used under- separated from explosives by a hard-
ground. wood partition at least 4 inches thick,
(c) Explosives shall be fired only with a laminated partition or equivalent;
a permissible blasting unit used in a and
manner consistent with its approval. (ii) Class A and Class C detonators in
Blasting units approved by MSHA that quantities of no more than 1,000 shall
have approval labels specifying use be separated from explosives by a hard-
with short-delay detonators with delay wood partition at least 4 inches thick,
periods between 25–500 milliseconds are a laminated partition or equivalent.
accepted to fire short-delay detonators (3) No persons, other than those nec-
up to 1,000 milliseconds, instantaneous essary to operate the equipment or to
627
§ 75.1312 30 CFR Ch. I (7–1–20 Edition)
accompany the explosives and deto- (d) Magazines shall be substantially

nators, shall be transported with explo- constructed and all interior surfaces
sives and detonators, and shall be made of nonconductive mate-
(4) When explosives and detonators rial, with no metal or other conductive
are transported using trolley loco- material exposed inside.
motives— (e) All magazines shall be—
(i) Trips carrying explosives and det- (1) Located at least 25 feet from road-
onators shall be separated from all ways and any source of electric cur-
other mantrips by at least a 5-minute rent;
interval; and (2) Located out of the direct line of
(ii) Cars containing explosives or det- the forces from blasting; and
onators shall be separated from the lo- (3) Kept as dry as practicable.
comotives by at least one car that is (f) Magazine locations shall be posted
empty or that contains noncombustible with indelibly marked and readily visi-
materials. ble warnings indicating the presence of
(c) When explosives and detonators explosives.
are transported on conveyor belts— (g) Only materials and equipment to
(1) Containers of explosives shall be be used in blasting shall be stored at
separated from containers of deto- magazine locations.
nators by at least 50 feet; § 75.1313 Explosives and detonators
(2) At least 6 inches of clearance shall outside of magazines.
be maintained between the top of any
container of explosives or container of (a) The quantity of explosives outside
detonators and the mine roof or other a magazine for use in a working section
obstruction; or other area where blasting is to be
performed shall—
(3) Except when persons are riding
(1) Not exceed 100 pounds; or
the belt to accompany explosives or
(2) Not exceed the amount necessary
detonators, a person shall be at each
to blast one round when more than 100
transfer point between belts and at the
pounds of explosives is required.
unloading location; and
(b) Explosives and detonators outside
(4) Conveyor belts shall be stopped a magazine that are not being trans-
before explosives or detonators are ported or prepared for loading
loaded or unloaded. boreholes shall be kept in closed sepa-
(d) When explosives and detonators rate containers made of nonconductive
are transported by hand they shall be material with no metal or other con-
carried in separate, nonconductive, ductive material exposed inside and
closed containers. the containers shall be—
(1) At least 15 feet from any source of
§ 75.1312 Explosives and detonators in
underground magazines. electric current;
(2) Out of the direct line of the forces
(a) The quantity of explosives kept from blasting;
underground shall not be more than is (3) In a location to prevent damage
needed for 48 hours of use. by mobile equipment; and
(b) Except as provided in § 75.1313, ex- (4) Kept as dry as practicable.
plosives and detonators taken under- (c) Explosives and detonators not
ground shall be kept in— used during the shift shall be returned
(1) Separate, closed magazines at to a magazine by the end of the shift.
least 5 feet apart; or
(2) The same closed magazine when— § 75.1314 Sheathed explosive units.
(i) Separated by a hardwood partition (a) A separate instantaneous deto-
at least 4 inches thick; or nator shall be used to fire each
(ii) Separated by a laminated parti- sheathed explosive unit.
tion; or (b) Sheathed explosive units shall be
(iii) Separated by a device that is primed and placed in position for firing
equivalent. only by a qualified person or a person
(c) Only explosives and detonators working in the presence of and under
shall be kept in underground maga- the direction of a qualified person. To

zines. prime a sheathed explosive unit, the
628
entire detonator shall be inserted into be placed and fired shall be deenergized
the detonator well of the unit and be or removed to at least 50 feet from
held securely in place. these locations before priming of explo-
(c) Sheathed explosive units shall not sives. Battery-powered equipment shall
be primed until immediately before the be removed to at least 50 feet from
units are placed where they are to be these locations before priming of explo-
fired. A sheathed explosive unit shall sives.
not be primed if it is damaged or dete- (2) As an alternative to paragraph
riorated. (a)(1) of this section, electric equip-
(d) Except in anthracite mines, rock ment, including cables, need not be de-
dust shall be applied to the roof, ribs energized or removed if located at least
and floor within a 40–foot radius of the 25 feet from these locations provided
location where the sheathed explosive stray current tests conducted prior to
units are to be fired. priming the explosives detect stray
(e) No more than three sheathed ex- currents of 0.05 ampere or less through
plosive units shall be fired at one time. a 1-ohm resistor.
(f) No sheathed explosive unit shall (i) Tests shall be made at floor loca-
be fired in contact with another tions on the perimeter, on energized
sheathed explosive unit. equipment frames and on repaired
areas of energized cables within the
§ 75.1315 Boreholes for explosives. area between 25 to 50 feet from the lo-
(a) All explosives fired underground cations where the explosives are to be
shall be confined in boreholes except— primed.
(1) Sheathed explosives units and (ii) Tests shall be conducted using a
other explosive units approved by blasting multimeter or other instru-
MSHA for firing outside the confines of ment specifically designed for such use.
a borehole; and (3) The blasting cable or detonator
(2) Shots fired in anthracite mines circuitry shall not come in contact
for battery starting or for blasting coal with energized electric equipment, in-
overhangs. No person shall go inside a cluding cables.
battery to start the flow of material. (b) Before loading boreholes with ex-
(b) Each borehole in coal for explo- plosives, each borehole shall be cleared
sives shall be at least 24 inches from and its depth and direction determined.
any other borehole and from any free (c) No borehole drilled beyond the
face, unless prohibited by the thickness depth of cut coal shall be loaded with
of the coal seam. explosives unless that portion of the
(c) Each borehole in rock for explo- borehole deeper than the cut is tamped
sives shall be at least 18 inches from with noncombustible material.
any other borehole in rock, at least 24 (d) When two working faces are ap-
inches from any other borehole in coal, proaching each other, cutting, drilling
and at least 18 inches from any free and blasting shall be done at only one
face. working face at a time if the two faces
(d) No borehole that has contained are within 25 feet of each other.
explosives shall be used for starting
any other hole. [35 FR 17890, Nov. 20, 1970, as amended at 56
(e) When blasting slab rounds off the FR 51616, Oct. 11, 1991]
solid, opener holes shall not be drilled
beyond the rib line. § 75.1317 Primer cartridges.
(f) When coal is cut for blasting, the (a) Primer cartridges shall be primed
coal shall be supported if necessary to and loaded only by a qualified person
maintain the stability of the column of or a person working in the presence of
explosives in each borehole. and under the direction of a qualified
person.
§ 75.1316 Preparation before blasting. (b) Primer cartridges shall not be
(a)(1) All nonbattery-powered electric primed until immediately before load-
equipment, including cables, located ing boreholes.
within 50 feet from boreholes to be (c) Only a nonsparking punch shall be
loaded with explosives or the sites used when priming explosive car-
where sheathed explosive units are to tridges.
629
§ 75.1318 30 CFR Ch. I (7–1–20 Edition)
(d) Detonators shall be completely § 75.1319 Weight of explosives per-

within and parallel to the length of the mitted in boreholes in bituminous
cartridge and shall be secured by half- and lignite mines.
hitching the leg wires around the car- (a) The total weight of explosives
tridge or secured by an equally effec- loaded in any borehole in bituminous
tive method. and lignite mines shall not exceed 3
pounds except when blasting solid rock
§ 75.1318 Loading boreholes. in its natural deposit.
(a) Explosives shall be loaded by a (b) The total weight of explosives
qualified person or a person working in loaded in a borehole less than 6 feet
the presence of and under the direction deep in bituminous and lignite mines
of a qualified person. shall be reduced by 1⁄2 pound for each
foot of borehole less than 6 feet.
(b) When boreholes are being loaded,
no other work except that necessary to § 75.1320 Multiple-shot blasting.
protect persons shall be done in the
(a) No more than 20 boreholes shall
working place or other area where
be fired in a round unless permitted in
blasting is to be performed.
writing by the District Manager under
(c) When loading boreholes drilled at § 75.1321.
an angle of 45 degrees or greater from (b) Instantaneous detonators shall
the horizontal in solid rock or loading not be used in the same circuit with
long holes drilled upward in anthracite delay detonators in any underground
mines— coal mine.
(1) The first cartridge in each bore- (c) In bituminous and lignite mines,
hole shall be the primer cartridge with only detonators with delay periods of
the end of the cartridge containing the 1,000 milliseconds or less shall be used.
detonator facing the back of the bore- (d) When blasting in anthracite
hole; and mines, each borehole in a round shall
(2) The explosive cartridges shall be be initiated in sequence from the open-
loaded in a manner that provides con- er hole or holes.
tact between each cartridge in the (e) Arrangement of detonator delay
borehole. periods for bituminous and lignite
(d) When loading other boreholes— mines shall be as follows:
(1) The primer cartridge shall be the (1) When blasting cut coal—
(i) The first shot or shots fired in a
first cartridge loaded in the borehole;
round shall be initiated in the row
(2) The end of the cartridge in which
nearest the kerf or the row or rows
the detonator is inserted shall face the nearest the shear; and
back of the borehole; and (ii) After the first shot or shots, the
(3) The primer cartridge and other interval between the designated delay
explosives shall be pushed to the back periods of successive shots shall be at
of the borehole in a continuous column least 50 milliseconds but not more than
with no cartridge being deliberately 100 milliseconds.
crushed or deformed. (2) When blasting coal off the solid—
(e) An explosive shall not be loaded (i) Each shot in the round shall be
into a borehole if it is damaged, dete- initiated in sequence from the opener
riorated or if the cartridge is incom- hole or holes; and
pletely filled. (ii) After the first shot or shots, the
(f) Explosives of different brands, interval between the designated delay
types or cartridge diameters shall not periods of successive shots shall be at
be loaded in the same borehole. least 50 milliseconds but not more than
(g) Only nonconductive, nonsparking 100 milliseconds.
tamping poles shall be used for loading § 75.1321 Permits for firing more than
and tamping boreholes. The use of non- 20 boreholes and for use of non-
sparking connecting devices for ex- permissible blasting units.
tendable tamping poles is permitted. (a) Applications for permits for firing
[53 FR 46786, Nov. 18, 1988; 54 FR 888, Jan. 10, more than 20 boreholes in a round and
1989] for the use of nonpermissible blasting
630
units shall be submitted in writing to boreholes during earlier blasting oper-

the District Manager for the district in ations; or
which the mine is located and shall (4) Any other hazard created by the
contain the following information: use of permissible blasting units during
(1) The name and address of the mine; underground development or construc-
(2) The active workings in the mine tion.
affected by the permit and the approxi- (c) Permits shall be issued on a mine-
mate number of boreholes to be fired; by-mine basis for periods of time to be
(3) The period of time during which specified by the District Manager.
the permit will apply; (d) Permits issued under this section
(4) The nature of the development or shall specify and include as a condition
construction for which they will be of their use, any safeguards, in addi-
used, e.g., overcasts, undercasts, track tion to those proposed by the operator,
grading, roof brushing or boom holes; which the District Manager issuing
(5) A plan, proposed by the operator such permit has determined will be re-
designed to protect miners in the mine quired to ensure the welfare of the
from the hazards of methane and other miners employed in the mine at the
explosive gases during each multiple time of the blasting permitted.
shot, e.g., changes in the mine ventila-
tion system, provisions for auxiliary
FR 33723, June 29, 1995]
ventilation and any other safeguards
necessary to minimize such hazards; § 75.1322 Stemming boreholes.
(6) A statement of the specific haz-
ards anticipated by the operator in (a) Only noncombustible material
blasting for overcasts, undercasts, shall be used for stemming boreholes.
track grading, brushing of roof, boom (b) Stemming materials other than
holes or other unusual blasting situa- water stemming bags shall be tamped
tions such as coalbeds of abnormal to fill the entire cross sectional area of
thickness; and the borehole.
(7) The method to be employed to (c) Stemming material shall contact
avoid the dangers anticipated during the explosive cartridge nearest the col-
development or construction which lar of the borehole.
will ensure the protection of life and (d) Each borehole 4 or more feet deep
the prevention of injuries to the miners shall be stemmed for at least 24 inches.
exposed to such underground blasting. (e) Each borehole less than 4 feet
(b) The District Manager may permit deep shall be stemmed for at least half
the firing of more than 20 boreholes of the depth of the borehole.
permissible explosives in a round where (f) When blasting off the solid in bitu-
he has determined that it is necessary minous and lignite mines, only pliable
to reduce the overall hazard to which clay dummies shall be used for stem-
miners are exposed during underground ming.
blasting. He may also permit the use of (g) The diameter of a water stem-
nonpermissible blasting units if he ming bag shall be within 1⁄4 of an inch
finds that a permissible blasting unit of the diameter of the drill bit used to
does not have adequate blasting capac- drill the borehole.
ity and that the use of such permissible (h) Water stemming bags shall be
units will create any of the following constructed of tear-resistant and
development or construction hazards: flame-resistant material and be capa-
(1) Exposure to disturbed roof in an ble of withstanding a 3-foot drop when
adjacent cavity while scaling and sup- filled without rupturing or developing
porting the remaining roof prior to leaks.
wiring a new series of boreholes;
(2) Exposure to underburden § 75.1323 Blasting circuits.
boreholes where prior rounds have re- (a) Blasting circuits shall be pro-
moved the burden adjacent to a re- tected from sources of stray electric
maining borehole; current.
(3) Exposure to an unsupported roof (b) Detonators made by different
while redrilling large fragmented roof manufacturers shall not be combined

rock following the loss of predrilled in the same blasting circuit.
631
§ 75.1324 30 CFR Ch. I (7–1–20 Edition)
(c) Detonator leg wires shall be ence of and under the direction of a
shunted until connected into the blast- qualified person.
ing circuit. (b) Only one face in a working place
(d) Blasting cables shall be— shall be blasted at a time, except that
(1) Well insulated, copper wire of a when blasting cut coal up to three
diameter not smaller than 18-gauge; faces may be blasted in a round if each
and face has a separate kerf and no more
(2) Long enough to permit the round than a total of 20 shots connected in a
to be fired from a safe location that is single series are fired in the round. A
around at least one corner from the permit to fire more than 20 boreholes
blasting area. in a round under the provisions of 30
(e) Blasting cables shall be shunted CFR 75.1320 and 75.1321 may not be ob-
until immediately before firing, except tained for use when blasting multiple
when testing for circuit continuity. faces.
(f) Wire used between the blasting (c) Before blasting—
cable and detonator circuitry shall— (1) All persons shall leave the blast-
(1) Be undamaged; ing area and each immediately adja-
(2) Be well insulated; cent working place where a hazard
(3) Have a resistance no greater than would be created by the blast, to an
20-gauge copper wire; and area that is around at least one corner
(4) Be not more than 30 feet long. from the blasting area;
(g) Each wire connection in a blast- (2) The qualified person shall ascer-
ing circuit shall be— tain that all persons are a safe distance
(1) Properly spliced; and from the blasting area; and
(2) Separated from other connections (3) A warning shall be given and ade-
in the circuit to prevent accidental quate time allowed for persons to re-
contact and arcing. spond.
(h) Uninsulated connections in each (d) All shots shall be fired promptly,
blasting circuit shall be kept out of after all persons have been removed to
water and shall not contact the coal, a safe location.
roof, ribs, or floor. [35 FR 17890, Nov. 20, 1970, as amended at 56
(i) When 20 or fewer boreholes are FR 51616, Oct. 11, 1991]
fired in a round, the blasting circuit
shall be wired in a single series. § 75.1326 Examination after blasting.
(j) Immediately prior to firing, all (a) After blasting, the blasting area
blasting circuits shall be tested for shall not be entered until it is clear of
continuity and resistance using a smoke and dust.
blasting galvanometer or other instru- (b) Immediately after the blasting
ment specifically designed for testing area has cleared, a qualified person or
blasting circuits. a person working in the presence of and
[53 FR 46786, Nov. 18, 1988; 54 FR 27641, June under the direction of a qualified per-
30, 1989] son, shall examine the area for mis-
fires, methane and other hazardous
§ 75.1324 Methane concentration and conditions.
tests. (c) If a round has partially detonated,
(a) No shot shall be fired in an area the qualified person shall immediately
that contains 1.0 volume percent or leave the area and no person shall reen-
more of methane. ter the affected area for at least 5 min-
(b) Immediately before shots are utes.
fired, the methane concentration in a
working place or any other area where § 75.1327 Misfires.
blasting is to be performed, shall be de- (a) When misfires occur, only work
termined by a person qualified to test by a qualified person to dispose of mis-
for methane. fires and other work necessary to pro-
tect persons shall be done in the af-
§ 75.1325 Firing procedures. fected area.
(a) Shots shall be fired by a qualified (b) When a misfire cannot be disposed
person or a person working in the pres- of—
632
(1) A qualified person shall post each quired for automatically operated
accessible entrance to the area affected cages, platforms, or elevators.
by the hazard of the misfire with a [48 FR 53239, Nov. 25, 1983]
warning at a conspicuous location to
prohibit entry; and § 75.1400–1 Hoists; brakes, capability.
(2) The misfire shall be immediately Brakes on hoists used to transport
reported to mine management. persons shall be capable of stopping
[53 FR 46786, Nov. 18, 1988; 54 FR 27641, June and holding the fully loaded platform,
30, 1989] cage, or other device at any point in
the shaft, slope, or incline.
§ 75.1328 Damaged or deteriorated ex-
plosives and detonators. § 75.1400–2 Hoists; tests of safety
catches; records.
(a) Damaged explosives or detonators
shall be— A record shall be made in a book of
the tests, required by § 75.1400, of the
(1) Placed in separate containers con-
safety catches or other devices ap-
structed of nonconductive and non-
proved by the Secretary. Each entry
sparking materials; and shall be signed by the person making
(2) Removed from the mine or placed the tests and countersigned by a re-
in a magazine and removed when the sponsible official.
magazine is resupplied.
(b) Damaged detonators shall be § 75.1400–3 Daily examination of hoist-
shunted, if practicable, either before ing equipment.
being removed from the mine or placed Hoists and elevators shall be exam-
in a magazine. ined daily and such examinations shall
(c) Deteriorated explosives and deto- include, but not be limited to, the fol-
nators shall be handled and disposed of lowing:
in accordance with the instructions of (a) Elevators. A visual examination of
the manufacturer. the rope for wear, broken wires, and
corrosion, especially at excessive
Subpart O—Hoisting and Mantrips strain points such as near the attach-
ments and where the rope rests on
§ 75.1400 Hoisting equipment; general. sheaves;
(b) Hoists and elevators. (1) An exam-
(a) Every hoist used to transport per- ination of the rope fastenings for de-
sons shall be equipped with overspeed, fects;
overwind, and automatic stop controls. (2) An examination of safety catches;
(b) Every hoist handling a platform, (3) An examination of the cages, plat-
cage, or other device used to transport forms, elevators, or other devices for
persons shall be equipped with brakes loose, missing or defective parts;
capable of stopping the fully loaded (4) An examination of the head
platform, cage, or other device. sheaves to check for broken flanges,
(c) Cages, platforms, or other devices defective bearings, rope alignment, and
used to transport persons in shafts and proper lubrication; and
slopes shall be equipped with safety (5) An observation of the lining and
catches or other no less effective de- all other equipment and appurtenances
vices approved by the Secretary that installed in the shaft.
act quickly and effectively in an emer- [48 FR 53239, Nov. 25, 1983]
gency. Such catches or devices shall be
tested at least once every two months. § 75.1400–4 Certifications and records
(d) Hoisting equipment, including of daily examinations.
automatic elevators, used to transport At the completion of each daily ex-
persons shall be examined daily. amination required by § 75.1400, the per-
(e) Where persons are transported son making the examination shall cer-
into or out of a mine by a hoist, a tify, by signature and date, that the
qualified hoisting engineer shall be on examination has been made. If any un-
duty while any person is underground. safe condition is found during the ex-
No such engineer, however, shall be re- aminations required by § 75.1400–3, the
633
§ 75.1401 30 CFR Ch. I (7–1–20 Edition)
person conducting the examination § 75.1403–1 General criteria.

shall make a record of the condition (a) Sections 75.1403–2 through 75.1403–
and the date. Certifications and records 11 set out the criteria by which an au-
shall be retained for one year. thorized representative of the Sec-
[48 FR 53239, Nov. 25, 1983, as amended at 60 retary will be guided in requiring other
FR 33723, June 29, 1995] safeguards on a mine-by-mine basis
under § 75.1403. Other safeguards may
§ 75.1401 Hoists; rated capacities; indi- be required.
cators. (b) The authorized representative of
the Secretary shall in writing advise
Hoists shall have rated capacities
the operator of a specific safeguard
consistent with the loads handled. An
which is required pursuant to § 75.1403
accurate and reliable indicator of the
and shall fix a time in which the oper-
position of the cage, platform, skip, ator shall provide and thereafter main-
bucket, or cars shall be provided. tain such safeguard. If the safeguard is
[48 FR 53239, Nov. 25, 1983] not provided within the time fixed and
if it is not maintained thereafter, a no-
§ 75.1401–1 Hoists; indicators. tice shall be issued to the operator pur-
suant to section 104 of the Act.
The indicator required by § 75.1401 of
(c) Nothing in the sections in the
this subpart shall be placed so that it § 75.1403 series in this Subpart O pre-
is in clear view of the hoisting engineer cludes the issuance of a withdrawal
and shall be checked daily to deter- order because of imminent danger.
mine its accuracy.
§ 75.1403–2 Criteria—Hoists trans-
[48 FR 53239, Nov. 25, 1983]
porting materials; brakes.
§ 75.1402 Communication between Hoists and elevators used to trans-
shaft stations and hoist room. port materials should be equipped with
brakes capable of stopping and holding
[STATUTORY PROVISIONS] the fully loaded platform, cage, skip,
car, or other device at any point in the
There shall be at least two effective shaft, slope, or incline.
methods approved by the Secretary of
signaling between each of the shaft sta- § 75.1403–3 Criteria—Drum clutch;
tions and the hoist room, one of which cage construction.
shall be a telephone or speaking tube. (a) The clutch of a free-drum on a
personnel hoist should be provided with
§ 75.1402–1 Communication between a locking mechanism or interlocked
shaft stations and hoist room.
with the brake to prevent accidental
One of the methods used to commu- withdrawal of the clutch.
nicate between shaft stations and the (b) Cages used for hoisting persons
hoist room shall give signals which can should be constructed with the sides
be heard by the hoisting engineer at all enclosed to a height of at least six feet
times while men are underground. and should have gates, safety chains,
or bars across the ends of the cage
§ 75.1402–2 Tests of signaling systems. when persons are being hoisted or low-
Signaling systems used for commu- ered.
(c) Self-dumping cages, platforms, or
nication between shaft stations and the
other devices used for transportation of
hoist room shall be tested daily.
persons should have a locking device to
§ 75.1403 Other safeguards. prevent tilting when persons are trans-
ported.
[STATUTORY PROVISIONS] (d) An attendant should be on duty at
the surface when persons are being
Other safeguards adequate, in the hoisted or lowered at the beginning and
judgment of an authorized representa- end of each shift.
tive of the Secretary, to minimize haz- (e) Precautions should be taken to
ards with respect to transportation of protect persons working in shaft

men and materials shall be provided. sumps.
634
(f) Workers should wear safety belts be installed at all loading and unload-
while doing work in or over shafts. ing stations. Such colored lights and
[48 FR 53239, Nov. 25, 1983]
reflective signs should be so located as
to be observable to all persons riding
§ 75.1403–4 Criteria—Automatic ele- the belt conveyor.
vators. (f) After supplies have been trans-
(a) The doors of automatic elevators ported on belt conveyors such belts
should be equipped with interlocking should be examined for unsafe condi-
switches so arranged that the elevator tions prior to the transportation of
car will be immovable while any door men on regularly scheduled mantrips,
is opened or unlocked, and arranged so and belt conveyors should be clear be-
that such door or doors cannot be inad- fore men are transported.
vertently opened when the elevator car (g) A clear travelway at least 24
is not at a landing. inches wide should be provided on both
(b) A ‘‘Stop’’ switch should be pro- sides of all belt conveyors installed
vided in the automatic elevator com- after March 30, 1970. Where roof sup-
partment that will permit the elevator ports are installed within 24 inches of a
to be stopped at any location in the belt conveyor, a clear travelway at
shaft. least 24 inches wide should be provided
(c) A slack cable device should be on the side of such support farthest
used where appropriate on automatic from the conveyor.
elevators which will automatically (h) On belt conveyors that do not
shut-off the power and apply the transport men, stop and start controls
brakes in the event the elevator is ob- should be installed at intervals not to
structed while descending. exceed 1,000 feet. Such controls should
(d) Each automatic elevator should be properly installed and positioned so
be provided with a telephone or other as to be readily accessible.
effective communication system by (i) Telephone or other suitable com-
which aid or assistance can be obtained munications should be provided at
promptly. points where men or supplies are regu-
larly loaded on or unloaded from the
§ 75.1403–5 Criteria—Belt conveyors. belt conveyors.
(a) Positive-acting stop controls (j) Persons should not cross moving
should be installed along all belt con- belt conveyors, except where suitable
veyors used to transport men, and such crossing facilities are provided.
controls should be readily accessible
and maintained so that the belt can be § 75.1403–6 Criteria—Self-propelled
stopped or started at any location. personnel carriers.
(b) Belt conveyors used for regularly (a) Each self-propelled personnel car-
scheduled mantrips should be stopped rier should:
while men are loading or unloading. (1) Be provided with an audible warn-
(c) All belt conveyors used for the ing device;
transportation of persons should have a (2) Be provided with a sealed-beam
minimum vertical clearance of 18 headlight, or its equivalent, on each
inches from the nearest overhead pro- end;
jection when measured from the edge (3) Be provided with reflectors on
of the belt and there should be at least both ends and sides.
36 inches of side clearance where men (b) In addition, each track-mounted
board or leave such belt conveyors. self-propelled personnel carrier should:
(d) When men are being transported (1) Be provided with a suitable lifting
on regularly scheduled mantrips on jack and bar, which shall be secured or
belt conveyors the belt speed should carried in a tool compartment;
not exceed 300 feet per minute when (2) Be equipped with 2 separate and
the vertical clearance is less than 24 independent braking systems properly
inches, and should not exceed 350 feet installed and well maintained;
per minute when the vertical clearance (3) Be equipped with properly in-
is 24 inches or more. stalled and well-maintained sanding
(e) Adequate illumination including devices, except that personnel carriers

colored lights or reflective signs should (jitneys), which transport not more
635
§ 75.1403–7 30 CFR Ch. I (7–1–20 Edition)
than 5 men, need not be equipped with (m) The mine car next to a trolley lo-
such sanding device; comotive should not be used to trans-
(4) If an open type, be equipped with port men. Such cars may be used to
guards of sufficient strength and transport small tools and supplies.
height to prevent personnel from being This is not to be construed as permit-
thrown from such carriers. ting the transportation of large or
bulky supplies such as shuttle car
§ 75.1403–7 Criteria—Mantrips. wheel units, or similar material.
(a) Mantrips should be operated inde- (n) Drop-bottom cars used to trans-
pendently of any loaded trip, empty port men should have the bottoms se-
trip, or supply trip and should not be cured with an additional locking de-
operated within 300 feet of any trip, in- vice.
cluding another mantrip. (o) Extraneous materials or supplies
(b) A sufficient number of mantrip should not be transported on top of
cars should be provided to prevent equipment; however, materials and
overcrowding of men. supplies that are necessary for or re-
(c) Mantrips should not be pushed. lated to the operation of such equip-
(d) Where mantrips are operated by
ment may be transported on top of
locomotives on slopes such mantrips
such equipment if a hazard is not intro-
should be coupled to the front and rear
duced.
by locomotives capable of holding such
mantrips. Where ropes are used on [35 FR 17890, Nov. 20, 1970, as amended at 53
slopes for mantrip haulage, such con- FR 46786, Nov. 18, 1988]
veyances should be connected by
chains, steel ropes, or other effective § 75.1403–8 Criteria—Track haulage
devices between mantrip cars and the roads.
rope. (a) The speed at which haulage equip-
(e) Safety goggles or eyeshields ment is operated should be determined
should be provided for all persons being by the condition of the roadbed, rails,
transported in open-type mantrips. rail joints, switches, frogs, and other
(f) All trips, including trailers and elements of the track and the type and
sleds, should be operated at speeds con- condition of the haulage equipment.
sistent with conditions and the equip- (b) Track haulage roads should have
ment used, and should be so controlled a continuous clearance on one side of
that they can be stopped within the at least 24 inches from the farthest pro-
limits of visibility. jection of normal traffic. Where it is
(g) All mantrips should be under the
necessary to change the side on which
direction of a supervisor and the oper-
clearance is provided, 24 inches of
ator of each mantrip should be familiar
clearance should be provided on both
with the haulage safety rules and regu-
sides for a distance of not less than 100
lations.
(h) Men should proceed in an orderly feet and warning signs should be posted
manner to and from mantrips and no at such locations.
person should be permitted to get on or (c) Track haulage roads developed
off a moving mantrip. after March 30, 1970, should have clear-
(i) [Reserved] ance on the ‘‘tight’’ side of at least 12
(j) Mantrips should not be permitted inches from the farthest projection of
to proceed until the operator of the normal traffic. A minimum clearance
mantrip is assured that he has a clear of 6 inches should be maintained on the
road. ‘‘tight’’ side of all track haulage roads
(k) Supplies or tools, except small developed prior to March 30, 1970.
hand tools or instruments, should not (d) The clearance space on all track
be transported with men. haulage roads should be kept free of
(l) At places where men enter or loose rock, supplies, and other loose
leave mantrip conveyances, ample materials.
clearance should be provided and provi- (e) Positive stopblocks or derails
sions made to prevent persons from should be installed on all tracks near
coming in contact with energized elec- the top and at landings of shafts,
tric circuits. slopes, and surface inclines.
636
§ 75.1403–9 Criteria—Shelter holes. (c) Warning lights or reflective signs

(a) Shelter holes should be provided or tapes should be installed along haul-
on track haulage roads at intervals of age roads at locations of abrupt or sud-
not more than 105 feet unless otherwise den changes in the overhead clearance.
approved by the Coal Mine Safety Dis- (d) No person, other than the motor-
trict Manager(s). man and brakeman, should ride on a lo-
(b) Shelter holes should be readily comotive unless authorized by the
accessible and should be at least 5 feet mine foreman, and then only when safe
in depth, not more than 4 feet in width riding facilities are provided. No per-
(except crosscuts used as shelter holes) son should ride on any loaded car or on
and at least the height of the coal seam the bumper of any car. However, the
where the coal seam is less than 6 feet brakeman may ride on the rear bumper
high and at least 6 feet in height where of the last car of a slow moving trip
the coal seam is 6 feet or more in pulled by a locomotive.
height. (e) Positive-acting stopblocks or de-
(c) Shelter holes should be kept free rails should be used where necessary to
of refuse and other obstructions. Cross- protect persons from danger of run-
cuts used as shelter holes should be away haulage equipment.
kept free of refuse or other materials (f) An audible warning should be
to a depth of at least 15 feet. given by the operator of all self-pro-
(d) Shelter holes should be provided pelled equipment including off-track
at all manually operated doors and at equipment, where persons may be en-
switch throws except: (1) At room dangered by the movement of the
switches, or (2) at switches where more equipment.
than 6 feet of side clearance is pro- (g) Locomotives and personnel car-
vided. The Coal Mine Safety District riers should not approach to within 300
Manager(s) may permit exemption of feet of preceding haulage equipment,
this requirement if such shelter holes except trailing locomotives that are an
create a hazardous roof condition. integral part of the trip.
(e) At each underground slope land- (h) A total of at least 36 inches of un-
ing where men pass and cars are han- obstructed side clearance (both sides
dled, a shelter hole at least 10 feet in combined) should be provided for all
depth, 4 feet in width, and 6 feet in rubber-tired haulage equipment where
height should be provided. such equipment is used.
(i) Off-track haulage roadways should
§ 75.1403–10 Criteria—Haulage; gen- be maintained as free as practicable
eral. from bottom irregularities, debris, and
(a) A permissible trip light or other wet or muddy conditions that affect
approved device such as reflectors, ap- the control of the equipment.
proved by the Coal Mine Safety Dis- (j) Operators of self-propelled equip-
trict Manager(s), should be used on the ment should face in the direction of
rear of trips pulled, on the front of travel.
trips pushed and on trips lowered in (k) Mechanical steering and control
slopes. However, trip lights or other devices should be maintained so as to
approved devices need not be used on provide positive control at all times.
cars being shifted to and from loading (l) All self-propelled rubber-tired
machines, on cars being handled at haulage equipment should be equipped
loading heads, during gathering oper- with well maintained brakes, lights,
ations at working faces, when trailing and a warning device.
locomotives are used, or on trips pulled (m) On and after March 30, 1971, all
by animals. tram control switches on rubber-tired
(b) Cars on main haulage roads equipment should be designed to pro-
should not be pushed, except where vide automatic return to the stop or off
necessary to push cars from side tracks position when released.
located near the working section to the
producing entries and rooms, where § 75.1403–11 Criteria—Entrances to
necessary to clear switches and shafts and slopes.
sidetracks, and on the approach to All open entrances to shafts should

cages, slopes, and surface inclines. be equipped with safety gates at the
637
§ 75.1404 30 CFR Ch. I (7–1–20 Edition)
top and at each landing. Such gates WIRE ROPES

should be self-closing and should be
kept closed except when the cage is at SOURCE: Sections 75.1429 through 75.1438 ap-
such landing. pear at 48 FR 53239, Nov. 25, 1983, unless oth-
erwise noted.
§ 75.1404 Automatic brakes; speed re-
§ 75.1429 Guide ropes.
duction gear.
If guide ropes are used in shafts for
[STATUTORY PROVISIONS] personnel hoisting applications other
than shaft development, the nominal
Each locomotive and haulage car strength (manufacturer’s published
used in an underground coal mine shall catalog strength) of the guide rope at
be equipped with automatic brakes, installation shall meet the minimum
where space permits. Where space does value calculated as follows: Minimum
not permit automatic brakes, loco- value = Static Load × 5.0.
motives and haulage cars shall be sub-
ject to speed reduction gear, or other § 75.1430 Wire ropes; scope.
similar devices approved by the Sec- (a) Sections 75.1430 through 75.1438
retary, which are designed to stop the apply to wire ropes in service used to
locomotives and haulage cars with the hoist—
proper margin of safety. (1) Persons in shafts or slopes under-
ground; or
§ 75.1404–1 Braking system. (2) Loads in shaft or slope develop-
ment when persons work below the sus-
A locomotive equipped with a dual
pended loads.
braking system will be deemed to sat- (b) These standards do not apply to
isfy the requirements of § 75.1404 for a wire ropes used for elevators.
train comprised of such locomotive and
haulage cars, provided the locomotive § 75.1431 Minimum rope strength.
is operated within the limits of its de- At installation, the nominal strength
sign capabilities and at speeds con- (manufacturer’s published catalog
sistent with the condition of the haul- strength) of wire ropes used for hoist-
age road. A trailing locomotive or ing shall meet the minimum rope
equivalent devices should be used on strength values obtained by the fol-
trains that are operated on ascending lowing formulas in which ‘‘L’’ equals
grades. the maximum suspended rope length in
feet:
§ 75.1405 Automatic couplers. (a) Winding drum ropes (all construc-
tions, including rotation resistant).
For rope lengths less than 3,000 feet:
All haulage equipment acquired by Minimum Value = Static Load ×
an operator of a coal mine on or after (7.0¥0.001L)
For rope lengths 3,000 feet or greater:
March 30, 1971, shall be equipped with Minimum Value = Static Load × 4.0
automatic couplers which couple by
impact and uncouple without the ne- (b) Friction drum ropes.
cessity of persons going between the For rope lengths less than 4,000 feet:
ends of such equipment. All haulage Minimum Value = Static Load × (7.0 ¥
equipment without automatic couplers 0.0005L)
in use in a mine on March 30, 1970, shall For rope lengths 4,000 feet or greater:
Minimum Value = Static Load × 5.0
also be so equipped within 4 years after
March 30, 1970. (c) Tail ropes (balance ropes).
Minimum Value = Weight of Rope × 7.0
§ 75.1405–1 Automatic couplers, haul-
age equipment. [48 FR 53239, Nov. 25, 1983; 48 FR 54975, Dec.
8, 1983]
The requirement of § 75.1405 with re-
spect to automatic couplers applies § 75.1432 Initial measurement.
only to track haulage cars which are After initial rope stretch but before
regularly coupled and uncoupled. visible wear occurs, the rope diameter
638
of newly installed wire ropes shall be and records of examinations shall be

measured at least once in every third retained for one year.
interval of active length and the meas- (e) The person making the measure-
urements averaged to establish a base- ments or nondestructive tests as re-
line for subsequent measurements. A quired by paragraph (c) of this section
record of the measurements and the shall record the measurements or test
date shall be made by the person tak- results and the date. This record shall
ing the measurements. This record be retained until the rope is retired
shall be retained until the rope is re- from service.
tired from service. [48 FR 53239, Nov. 25, 1983, as amended at 60
[48 FR 53239, Nov. 25, 1983, as amended at 60 FR 33723, June 29, 1995]
FR 33723, June 29, 1995]
§ 75.1434 Retirement criteria.
§ 75.1433 Examinations. Unless damage or deterioration is re-
(a) At least once every fourteen cal- moved by cutoff, wire ropes shall be re-
endar days, each wire rope in service moved from service when any of the
shall be visually examined along its en- following conditions occurs:
tire active length for visible structural (a) The number of broken wires with-
damage, corrosion, and improper lubri- in a rope lay length, excluding filler
cation or dressing. In addition, visual wires, exceeds either—
(1) Five percent of the total number
examination for wear and broken wires
of wires; or
shall be made at stress points, includ-
(2) Fifteen percent of the total num-
ing the area near attachments, where
ber of wires within any strand;
the rope rests on sheaves, where the
(b) On a regular lay rope, more than
rope leaves the drum, at drum cross-
one broken wire in the valley between
overs, and at change-of-layer regions.
strands in one rope lay length;
When any visible condition that results (c) A loss of more than one-third of
in a reduction of rope strength is the original diameter of the outer
present, the affected portion of the wires;
rope shall be examined on a daily basis. (d) Rope deterioration from corro-
(b) Before any person is hoisted with sion;
a newly installed wire rope or any wire (e) Distortion of the rope structure;
rope that has not been examined in the (f) Heat damage from any source;
previous fourteen calendar days, the (g) Diameter reduction due to wear
wire rope shall be examined in accord- that exceeds six percent of the baseline
ance with paragraph (a) of this section. diameter measurement; or
(c) At least once every six months, (h) Loss of more than ten percent of
nondestructive tests shall be conducted rope strength as determined by non-
of the active length of the rope, or rope destructive testing.
diameter measurements shall be
made— § 75.1435 Load end attachments.
(1) Wherever wear is evident; (a) Wire rope shall be attached to the
(2) Where the hoist rope rests on load by a method that develops at least
sheaves at regular stopping points; 80 percent of the nominal strength of
(3) Where the hoist rope leaves the the rope.
drum at regular stopping points; and (b) Except for terminations where use
(4) At drum crossover and change-of- of other materials is a design feature,
layer regions. zinc (spelter) shall be used for
(d) At the completion of each exam- socketing wire ropes. Design feature
ination required by paragraph (a) of means either the manufacturer’s origi-
this section, the person making the ex- nal design or a design approved by a
amination shall certify, by signature registered professional engineer.
and date, that the examination has (c) Load end attachment methods
been made. If any condition listed in using splices are prohibited.
paragraph (a) of this standard is
present, the person conducting the ex- § 75.1436 Drum end attachment.
amination shall make a record of the (a) For drum end attachment, wire
condition and the date. Certifications rope shall be attached—
639
§ 75.1437 30 CFR Ch. I (7–1–20 Edition)
(1) Securely by clips after making ation and Firefighting Program of In-
one full turn around the drum spoke; struction.
(2) Securely by clips after making (2) The responsible person shall be
one full turn around the shaft, if the trained annually in a course of instruc-
drum is fixed to the shaft; or tion in mine emergency response, as
(3) By properly assembled anchor prescribed by MSHA’s Office of Edu-
bolts, clamps, or wedges, provided that cational Policy and Development. The
the attachment is a design feature of course will include topics such as the
the hoist drum. Design feature means following:
either the manufacturer’s original de- (i) Organizing a command center;
sign or a design approved by a reg- (ii) Coordinating firefighting per-
istered professional engineer. sonnel;
(b) A minimum of three full turns of
(iii) Deploying firefighting equip-
wire rope shall be on the drum when
ment;
the rope is extended to its maximum
working length. (iv) Coordinating mine rescue per-
sonnel;
§ 75.1437 End attachment retermi- (v) Establishing fresh air base;
nation. (vi) Deploying mine rescue teams;
Damaged or deteriorated wire rope (vii) Providing for mine gas sampling
shall be removed by cutoff and the rope and analysis;
reterminated where there is— (viii) Establishing security;
(a) More than one broken wire at an (ix) Initiating an emergency mine
attachment; evacuation;
(b) Improper installation of an at- (x) Contacting emergency personnel;
tachment; and
(c) Slippage at an attachment; or (xi) Communicating appropriate in-
(d) Evidence of deterioration from formation related to the emergency.
corrosion at an attachment. (3) The operator shall certify by sig-
nature and date after each responsible
§ 75.1438 End attachment replacement. person has completed the training and
Wire rope attachments shall be re- keep the certification at the mine for 1
placed when cracked, deformed, or ex- year.
cessively worn. (b) The responsible person shall ini-
tiate and conduct an immediate mine
Subpart P—Mine Emergencies evacuation when there is a mine emer-
gency which presents an imminent
§ 75.1500 [Reserved] danger to miners due to fire or explo-
sion or gas or water inundation. Only
§ 75.1501 Emergency evacuations.
properly trained and equipped persons
(a) For each shift that miners work essential to respond to the mine emer-
underground, there shall be in attend- gency may remain underground.
ance a responsible person designated by (c) The mine operator shall instruct
the mine operator to take charge dur- all miners of the identity of the respon-
ing mine emergencies involving a fire, sible person designated by the operator
explosion, or gas or water inundation. for their workshift. The mine operator
(1) The responsible person shall have shall instruct miners of any change in
current knowledge of the assigned loca- the identity of the responsible person
tion and expected movements of min- before the start of their workshift.
ers underground, the operation of the
(d) Nothing in this section shall be
mine ventilation system, the locations
construed to restrict the ability of
of the mine escapeways and refuge al-
ternatives, the mine communications other persons in the mine to warn of an
system, any mine monitoring system if imminent danger which warrants evac-
used, locations of firefighting equip- uation.
ment, the mine’s Emergency Response
[68 FR 53049, Sept. 9, 2003, as amended at 73

Plan, the Mine Rescue Notification FR 7655, Feb. 8, 2008; 73 FR 80697, Dec. 31,
Plan, and the Mine Emergency Evacu- 2008]
640
§ 75.1502 Mine emergency evacuation (iii) Traversing undercasts or

and firefighting program of instruc- overcasts;
tion. (iv) Switching escapeways, as appli-
Each operator of an underground coal cable;
mine shall adopt and follow a mine (v) Negotiating any other unique
emergency evacuation and firefighting escapeway conditions; and
program that instructs all miners in (vi) Using refuge alternatives.
the proper procedures they must follow (5) Location and use of the fire sup-
if a mine emergency occurs. pression and firefighting equipment
(a) Program approval. The operator and materials available in the mine.
shall submit this program of instruc- (6) Location of the escapeways, exits,
tion, and any revisions, for approval to routes of travel to the surface, includ-
the District Manager of the Coal Mine ing the location of continuous direc-
Safety and Health district in which the tional lifelines or equivalent devices.
mine is located. Within 30 days of ap- (7) Location, quantity, types, and use
proval, the operator shall conduct
of stored SCSRs, as applicable.
training in accordance with the revised
(8) A review of the mine map; the
program.
(b) New or revised provisions. Before escapeway system; the escape, fire-
implementing any new or revised ap- fighting, and emergency evacuation
proved provision in the program of in- plan in effect at the mine; and the loca-
struction, the operator shall instruct tions of refuge alternatives and aban-
miners in the change. doned areas.
(c) Instruction plan. The approved pro- (9) A description of how miners will
gram shall include a specific plan de- receive annual expectations training
signed to instruct miners on all shifts that includes practical experience in
on the following: donning and transferring SCSRs in
(1) Procedures for— smoke, simulated smoke, or an equiva-
(i) Evacuating the mine for mine lent environment and breathing
emergencies that present an imminent through a realistic SCSR training unit
danger to miners due to fire, explosion, or device that provides the sensation of
or gas or water inundation; SCSR airflow resistance and heat.
(ii) Evacuating all miners not re- (10) A summary of the procedures re-
quired for a mine emergency response; lated to deploying refuge alternatives.
and (11) A summary of the construction
(iii) The rapid assembly and trans- methods for 15 psi stoppings con-
portation of necessary miners, fire sup- structed prior to an event.
pression equipment, and rescue appa- (12) A summary of the procedures re-
ratus to the scene of the mine emer- lated to refuge alternative use.
gency. (d) Instructors. (1) The mine operator
(2) The use, care, and maintenance of shall designate a person who has the
self-rescue devices, including hands-on ability, training, knowledge, or experi-
training in the complete donning and ence to conduct the mine emergency
transferring of all types of self-rescue evacuation instruction and drills in his
devices used at the mine. or her area of expertise.
(3) The deployment, use, and mainte- (2) Persons conducting SCSR donning
nance of refuge alternatives. and transferring training shall be able
(4) Scenarios requiring a discussion to effectively train and evaluate
of options and a decision as to the best whether miners can successfully don
option for evacuation under each of the the SCSR and transfer to additional
various mine emergencies (fires, explo- SCSR devices.
sions, or gas or water inundations).
These options shall include: [71 FR 71452, Dec. 8, 2006, as amended at 73
(i) Encountering conditions in the FR 80697, Dec. 31, 2008]
mine or circumstances that require im-
mediate donning of self-rescue devices. § 75.1503 Use of fire suppression
(ii) Using continuous directional life- equipment.
lines or equivalent devices, tethers, In addition to the approved program

and doors; of instruction required by 30 CFR
641
§ 75.1504 30 CFR Ch. I (7–1–20 Edition)
75.1502, each operator of an under- (1) Hands-on training on all types of

ground coal mine shall ensure the fol- self-rescue devices used at the mine,
lowing. which includes—
(a) Working section. At least two min- (i) Instruction and demonstration in
ers in each working section on each the use, care, and maintenance of self-
production shift shall be proficient in rescue devices;
the use of all fire suppression equip- (ii) The complete donning of the
ment available on such working sec- SCSR by assuming a donning position,
tion, and know the location of such fire opening the device, activating the de-
suppression equipment. vice, inserting the mouthpiece, and
(b) Attended equipment. Each operator putting on the nose clip; and
of attended equipment specified in 30 (iii) Transferring between all applica-
CFR 75.1107–1(c)(1), and each miner as- ble self-rescue devices.
signed to perform job duties at the job (2) Training that emphasizes the im-
portance of—
site in the direct line of sight of at-
(i) Recognizing when the SCSR is not
tended equipment as described in 30
functioning properly and dem-
CFR 75.1107–1(c)(2), shall be proficient
onstrating how to initiate and reini-
in the use of fire suppression devices
tiate the starting sequence;
installed on such attended equipment.
(ii) Not removing the mouthpiece,
(c) Maintenance shift. The shift fore- even to communicate, until the miner
man and at least one miner for every reaches fresh air; and
five miners working underground on a (iii) Proper use of the SCSR by con-
maintenance shift shall be proficient in trolling breathing and physical exer-
the use of fire suppression equipment tion.
available in the mine, and know the lo- (3) A realistic escapeway drill that is
cation of such fire suppression equip- initiated and conducted with a dif-
ment. ferent approved scenario each quarter
[71 FR 71452, Dec. 8, 2006] and during which each miner—
(i) Travels the primary or alternate
§ 75.1504 Mine emergency evacuation escapeway in its entirety, alternating
training and drills. escapeways each quarter;
Each operator of an underground coal (ii) Physically locates and practices
mine shall conduct mine emergency using the continuous directional life-
evacuation training and drills and re- lines or equivalent devices and tethers,
and physically locates the stored
quire all miners to participate.
SCSRs and refuge alternatives;
(a) Schedule of training and drills.
(iii) Traverses undercasts or
Each miner shall participate in a mine
overcasts and doors;
emergency evacuation training and (iv) Switches escapeways, as applica-
drill once each quarter. Quarters shall ble; and
be based on a calendar year (Jan–Mar, (v) Negotiates any other unique
Apr–Jun, Jul–Sep, Oct–Dec). In addi- escapeway conditions.
tion— (4) A review of the mine and
(1) A newly hired miner, who has not escapeway maps, the firefighting plan,
participated in a mine emergency evac- and the mine emergency evacuation
uation training and drill at the mine plan in effect at the mine, which shall
within the previous 3 months, shall include:
participate in the next applicable mine (i) Informing miners of the locations
emergency evacuation training and of fire doors, check curtains, changes
drill. in the routes of travel, and plans for di-
(2) Prior to assuming duties on a sec- verting smoke from escapeways.
tion or outby work location, a foreman (ii) Locating escapeways, exits,
shall travel both escapeways in their routes of travel to the surface, aban-
entirety. doned areas, and refuge alternatives.
(b) Content of quarterly training and (5) Operation of the fire suppression
drill. Each quarterly evacuation train- equipment available in the mine and
ing and drill shall include the fol- the location and use of firefighting
lowing: equipment and materials.
642
(6) Reviewing the procedures for de- training shall be provided to the par-
ploying refuge alternatives and compo- ticipating miner.
nents.
[71 FR 71452, Dec. 8, 2006, as amended at 73
(7) For miners who will be con- FR 80698, Dec. 31, 2008]
structing the 15 psi stoppings prior to
an event, reviewing the procedures for § 75.1505 Escapeway maps.
constructing them.
(8) Reviewing the procedures for use (a) Content and accessibility. An
of the refuge alternatives and compo- escapeway map shall show the des-
nents. ignated escapeways from the working
(9) Task training in proper transpor- sections or the miners’ work stations
tation of the refuge alternatives and to the surface or the exits at the bot-
components. tom of the shaft or slope, refuge alter-
(c) Annual expectations training. Over natives, and SCSR storage locations.
the course of each year, each miner The escapeway map shall be posted or
shall participate in expectations train- readily accessible for all miners—
ing that includes the following: (1) In each working section;
(1) Donning and transferring SCSRs (2) In each area where mechanized
in smoke, simulated smoke, or an mining equipment is being installed or
equivalent environment. removed;
(2) Breathing through a realistic (3) At the refuge alternative; and
SCSR training unit that provides the (4) At a surface location of the mine
sensation of SCSR airflow resistance where miners congregate, such as at
and heat. the mine bulletin board, bathhouse, or
(3) Deployment and use of refuge al- waiting room.
ternatives similar to those in use at (b) Keeping maps current. All maps
the mine, including— shall be kept up-to-date and any
(i) Deployment and operation of com- change in route of travel, location of
ponent systems; and doors, location of refuge alternatives,
(ii) Instruction on when to use refuge or direction of airflow shall be shown
alternatives during a mine emergency, on the maps by the end of the shift on
emphasizing that it is the last resort which the change is made.
when escape is impossible. (c) Informing affected miners. Miners
(4) A miner shall participate in ex- underground on a shift when any such
pectations training within one quarter change is made shall be notified imme-
of being employed at the mine. diately of the change and other af-
(d) Certification of training and drills. fected miners shall be informed of the
At the completion of each training or change before entering the under-
drill required in this section, the oper- ground areas of the mine.
ator shall certify by signature and date
that the training or drill was held in [71 FR 71452, Dec. 8, 2006, as amended at 73
FR 80698, Dec. 31, 2008]
accordance with the requirements of
this section. § 75.1506 Refuge alternatives.
(1) This certification shall include
the names of the miners participating (a) Each operator shall provide refuge
in the training or drill. For each miner, alternatives and components as fol-
this certification shall list the content lows:
of the training or drill component com- (1) Prefabricated self-contained
pleted, including the escapeway trav- units, including the structural, breath-
eled and scenario used, as required in able air, air monitoring, and harmful
paragraphs (b) and (c) of this section. gas removal components of the unit,
(2) Certifications shall be kept at the shall be approved under 30 CFR part 7;
mine for one year. and
(3) Upon request, the certifications (2) The structural components of
shall be made available to an author- units consisting of 15 psi stoppings con-
ized representative of the Secretary structed prior to an event shall be ap-
and the representative of the miners. proved by the District Manager, and
(4) Upon request, a copy of the cer- the breathable air, air monitoring, and
tification that shows his or her own harmful gas removal components of
643
§ 75.1506 30 CFR Ch. I (7–1–20 Edition)
these units shall be approved under 30 (1) Within 1,000 feet from the nearest
CFR part 7. working face and from locations where
(3) Prefabricated refuge alternative mechanized mining equipment is being
structures that states have approved installed or removed except that for
and those that MSHA has accepted in underground anthracite coal mines
approved Emergency Response Plans that have no electrical face equipment,
(ERPs) that are in service prior to refuge alternatives shall be provided if
March 2, 2009 are permitted until De- the nearest working face is greater
cember 31, 2018, or until replaced, than 2,000 feet from the surface.
whichever comes first. Breathable air, (2) Spaced within one-hour travel dis-
air-monitoring, and harmful gas re- tances in outby areas where persons
moval components of either a prefab- work such that persons in outby areas
ricated self-contained unit or a unit are never more than a 30-minute travel
consisting of 15 psi stoppings con- distance from a refuge alternative or
structed prior to an event in a secure safe exit. However, the operator may
space and an isolated atmosphere that request and the District Manager may
states have approved and those that approve a different location in the
MSHA has accepted in approved ERPs
ERP. The operator’s request shall be
that are in use prior to March 2, 2009
based on an assessment of the risk to
are permitted until December 31, 2013,
persons in outby areas, considering the
or until replaced, whichever comes
following factors: proximity to seals;
first. Refuge alternatives consisting of
materials pre-positioned for miners to proximity to potential fire or ignition
deploy in a secure space with an iso- sources; conditions in the outby areas;
lated atmosphere that MSHA has ac- location of stored SCSRs; and prox-
cepted in approved ERPs that are in imity to the most direct, safe, and
use prior to March 2, 2009 are permitted practical route to an intake escapeway.
until December 31, 2010, or until re- (d) Roof and rib support for refuge al-
placed, whichever comes first. ternative locations shall be specified in
(b) Except as permitted under para- the mine’s roof control plan.
graph (a)(3) of this section, each oper- (e) The operator shall protect the ref-
ator shall provide refuge alternatives uge alternative and contents from
with sufficient capacity to accommo- damage during transportation, instal-
date all persons working underground. lation, and storage.
(1) Refuge alternatives shall provide (f) A refuge alternative shall be re-
at least 15 square feet of floor space per moved from service if examination re-
person and 30 to 60 cubic feet of volume veals damage that interferes with the
per person according to the following functioning of the refuge alternative or
chart. The airlock can be included in any component.
the space and volume if waste is dis- (1) If a refuge alternative is removed
posed outside the refuge alternative. from service, the operator shall with-
draw all persons from the area serviced
Unrestricted volume
Mining height (inches) by the refuge alternative, except those
(cubic feet) per person*
persons referred to in § 104(c) of the
36 or less ............................... 30
>36–≤42 ................................. 37.5
Mine Act.
>42–≤48 ................................. 45 (2) Refuge alternative components re-
>48–≤54 ................................. 52.5 moved from service shall be replaced or
>54 ......................................... 60
be repaired for return to service in ac-
* Includes an adjustment of 12 inches for clearances. cordance with the manufacturer’s spec-
(2) Refuge alternatives for working ifications.
sections shall accommodate the max- (g) At all times, the site and area
imum number of persons that can be around the refuge alternative shall be
expected on or near the section at any kept clear of machinery, materials,
time. and obstructions that could interfere
(3) Each refuge alternative for outby with the deployment or use of the ref-
areas shall accommodate persons rea- uge alternative.
sonably expected to use it. (h) Each refuge alternative shall be
(c) Refuge alternatives shall be pro- conspicuously identified with a sign or

vided at the following locations: marker as follows:
644
(1) A sign or marker made of a reflec- (5) The methods for providing ready
tive material with the word ‘‘REF- backup oxygen controls and regulators.
UGE’’ shall be posted conspicuously at (6) The methods for providing an air-
each refuge alternative. lock and for providing breathable air in
(2) Directional signs made of a reflec- the airlock, except where adequate
tive material shall be posted leading to positive pressure is maintained.
each refuge alternative location. (7) The methods for providing sanita-
(i) During use of the refuge alter-
tion facilities.
native, the atmosphere within the ref-
uge alternative shall be monitored. (8) The methods for harmful gas re-
Changes or adjustments shall be made moval, if necessary.
to reduce the concentration of methane (9) The methods for monitoring gas
to less than 1 percent; to reduce the concentrations, including charging and
concentration of carbon dioxide to 1 calibration of equipment.
percent or less and excursions not ex- (10) The method for providing light-
ceeding 2.5 percent; and to reduce the ing sufficient for persons to perform
concentration of carbon monoxide to 25 tasks.
ppm or less. Oxygen shall be main- (11) Suitable locations for the refuge
tained at 18.5 to 23 percent. alternatives and an affirmative state-
(j) Refuge alternatives shall contain ment that the locations are—
a fire extinguisher that— (i) Not within direct line of sight of
(1) Meets the requirements for port- the working face; and
able fire extinguishers used in under-
(ii) Where feasible, not placed in
ground coal mines under this part;
(2) Is appropriate for extinguishing areas directly across from, nor closer
fires involving the chemicals used for than 500 feet radially from, belt drives,
harmful gas removal; and take-ups, transfer points, air compres-
(3) Uses a low-toxicity extinguishing sors, explosive magazines, seals, en-
agent that does not produce a haz- trances to abandoned areas, and fuel,
ardous by-product when activated. oil, or other flammable or combustible
material storage. However, the oper-
[73 FR 80698, Dec. 31, 2008]
ator may request and the District Man-
§ 75.1507 Emergency Response Plan; ager may approve an alternative loca-
refuge alternatives. tion in the ERP if mining involves two-
(a) The Emergency Response Plan entry systems or yield pillars in a
(ERP) shall include the following for longwall that would prohibit locating
each refuge alternative and compo- the refuge alternative out of direct line
nent: of sight of the working face.
(1) The types of refuge alternatives (12) The maximum mine air tempera-
used in the mine, i.e., a prefabricated ture at each of the locations where ref-
self-contained unit or a unit consisting uge alternatives are to be placed.
of 15 psi stoppings constructed prior to (b) For a refuge alternative con-
an event in a secure space and an iso- sisting of 15 psi stoppings constructed
lated atmosphere. prior to an event in a secure space and
(2) Procedures or methods for main- an isolated atmosphere, the ERP shall
taining approved refuge alternatives specify that—
and components. (1) The breathable air components
(3) The rated capacity of each refuge
shall be approved by MSHA; and
alternative, the number of persons ex-
pected to use each refuge alternative, (2) The refuge alternative can with-
and the duration of breathable air pro- stand exposure to a flash fire of 300 de-
vided per person by the approved grees Fahrenheit (°F) for 3 seconds and
breathable air component of each ref- a pressure wave of 15 pounds per square
uge alternative. inch (psi) overpressure for 0.2 seconds.
(4) The methods for providing breath- (c) If the refuge alternative sustains
able air with sufficient detail of the persons for only 48 hours, the ERP
component’s capability to provide shall detail advanced arrangements
breathable air over the duration stated that have been made to assure that
in the approval. persons who cannot be rescued within
645
§ 75.1508 30 CFR Ch. I (7–1–20 Edition)
48 hours will receive additional sup- (4) First aid supplies.

plies to sustain them until rescue. Ad-
[73 FR 80699, Dec. 31, 2008]
vance arrangements shall include the
following: § 75.1508 Training and records for ex-
(1) Pre-surveyed areas for refuge al- amination, maintenance and repair
ternatives with closure errors of less of refuge alternatives and compo-
than 20,000:1. nents.
(2) An analysis to demonstrate that
the surface terrain, the strata, the ca- (a) Persons examining, maintaining,
pabilities of the drill rig, and all other or repairing refuge alternatives and
factors that could affect drilling are components shall be instructed in how
such that a hole sufficient to provide to perform this work.
required supplies and materials reli- (1) The operator shall assure that all
ably can be promptly drilled within 48 persons assigned to examine, maintain,
hours of an accident at a mine. and repair refuge alternatives and com-
(3) Permissions to cross properties, ponents are trained.
build roads, and construct drill sites. (2) The mine operator shall certify,
(4) Arrangement with a drilling con- by signature and date, the training of
tractor or other supplier of drilling persons who examine, maintain, and
services to provide a suitable drilling repair refuge alternatives and compo-
rig, personnel and support so that a nents.
hole can be completed to the refuge al- (b) At the completion of each repair,
ternative within 48 hours. the person conducting the maintenance
(5) Capability to promptly transport or repair shall make a record of all cor-
a drill rig to a pre-surveyed location rective action taken.
such that a drilled hole would be com- (c) Training certifications and repair
pleted and located near a refuge alter- records shall be kept at the mine for
native structure within 48 hours of an one year.
accident at a mine.
(6) The specifications of pipes, air [73 FR 80699, Dec. 31, 2008]
lines, and approved fans or approved
compressors that will be used. Subpart Q—Communications
(7) A method for assuring that within
48 hours, breathable air shall be pro- § 75.1600 Communications.
vided.
(8) A method for assuring the imme- [STATUTORY PROVISIONS]
diate availability of a backup source
Telephone service or equivalent two-
for supplying breathable air and a
way communication facilities, ap-
backup power source for surface instal-
lations. proved by the Secretary or his author-
(d) The ERP shall specify that the ized representative, shall be provided
refuge alternative is stocked with the between the surface and each landing
following: of main shafts and slopes and between
(1) A minimum of 2,000 calories of the surface and each working section of
food and 2.25 quarts of potable water any coal mine that is more than 100
per person per day in approved con- feet from a portal.
tainers sufficient to sustain the max-
imum number of persons reasonably § 75.1600–1 Communication facilities;
main portals; installation require-
expected to use the refuge alternative ments.
for at least 96 hours, or for 48 hours if
advance arrangements are made under A telephone or equivalent two-way
paragraph (c) of this section; communication facility shall be lo-
(2) A manual that contains sufficient cated on the surface within 500 feet of
detail for each refuge alternative or all main portals, and shall be installed
component addressing in-mine trans- either in a building or in a box-like
portation, operation, and maintenance structure designed to protect the facili-
of the unit; ties from damage by inclement weath-
(3) Sufficient quantities of materials er. At least one of these communica-

and tools to repair components; and tion facilities shall be at a location
646
where a responsible person who is al- (2) An additional communication sys-

ways on duty when men are under- tem and other requirements as defined
ground can hear the facility and re- in the communications portion of the
spond immediately in the event of an operator’s approved Emergency Re-
emergency. sponse Plan.
[38 FR 29999, Oct. 31, 1973] [73 FR 80700, Dec. 31, 2008]
§ 75.1600–2 Communication facilities;

working sections; installation and Subpart R—Miscellaneous
maintenance requirements; audible
or visual alarms. § 75.1700 Oil and gas wells.
(a) Telephones or equivalent two-way [STATUTORY PROVISIONS]
communication facilities provided at
each working section shall be located Each operator of a coal mine shall
not more than 500 feet outby the last take reasonable measures to locate oil
open crosscut and not more than 800 and gas wells penetrating coalbeds or
feet from the farthest point of penetra- any underground area of a coal mine.
tion of the working places on such sec- When located, such operator shall es-
tion. tablish and maintain barriers around
(b) The incoming communication sig- such oil and gas wells in accordance
nal shall activate an audible alarm, with State laws and regulations, except
distinguishable from the surrounding that such barriers shall not be less
noise level, or a visual alarm that can than 300 feet in diameter, unless the
be seen by a miner regularly employed Secretary or his authorized representa-
on the working section. tive permits a lesser barrier consistent
(c) If a communication system other with the applicable State laws and reg-
than telephones is used and its oper- ulations where such lesser barrier will
ation depends entirely upon power be adequate to protect against hazards
from the mine electric system, means from such wells to the miners in such
shall be provided to permit continued mine, or unless the Secretary or his au-
communication in the event the mine thorized representative requires a
electric power fails or is cut off; pro- greater barrier where the depth of the
vided, however, that where trolley mine, other geologic conditions, or
phones and telephones are both used, other factors warrant such a greater
an alternate source of power for the barrier.
trolley phone system is not required.
(d) Trolley phones connected to the § 75.1702 Smoking; prohibition.
trolley wire shall be grounded in ac-
cordance with Subpart H of this part. [STATUTORY PROVISIONS]
(e) Telephones or equivalent two-way
communication facilities shall be No person shall smoke, carry smok-
maintained in good operating condi- ing materials, matches, or lighters un-
tion at all times. In the event of any derground, or smoke in or around oil
failure in the system that results in houses, explosives magazines, or other
loss of communication, repairs shall be surface areas where such practice may
started immediately, and the system cause a fire or explosion. The operator
restored to operating condition as soon shall institute a program, approved by
as possible. the Secretary, to insure that any per-
son entering the underground area of
[38 FR 29999, Oct. 31, 1973] the mine does not carry smoking mate-
§ 75.1600–3 Communications facilities; rials, matches, or lighters.
refuge alternatives. [35 FR 17890, Nov. 20, 1970, as amended at 60
(a) Refuge alternatives shall be pro- FR 33723, June 29, 1995]
vided with a communications system
that consists of— § 75.1702–1 Smoking programs.
(1) A two-way communication facil- Programs required under § 75.1702
ity that is a part of the mine commu- shall be submitted to the Coal Mine
nication system, which can be used Safety District Manager for approval
from inside the refuge alternative; and on or before May 30, 1970.
647
§ 75.1703 30 CFR Ch. I (7–1–20 Edition)
§ 75.1703 Portable electric lamps. § 75.1708–1 Surface structures; fire-

proof construction.
[STATUTORY PROVISIONS] Structures of fireproof construction
Persons underground shall use only is interpreted to mean structures with
permissible electric lamps approved by fireproof exterior surfaces.
the Secretary for portable illumina- § 75.1709 Accumulations of methane
tion. No open flame shall be permitted and coal dust on surface coal-han-
in the underground area of any coal dling facilities.
mine, except as permitted under
§ 75.1106. [STATUTORY PROVISIONS]
Adequate measures shall be taken to
§ 75.1703–1 Permissible lamps. prevent methane and coal dust from
Lamps approved by the Bureau of accumulating in excessive concentra-
Mines or the Mine Safety and Health tions in or on surface coal-handling fa-
Administration under Part 19 or Part cilities, but in no event shall methane
20 of this chapter (Bureau of Mines be permitted to accumulate in con-
Schedule 6D and Schedule 10C) are ap- centrations in or on surface coal-han-
proved lamps for the purposes of dling facilities in excess of limits es-
tablished for methane by the Secretary
§ 75.1703.
on and after March 30, 1971. Where coal
§ 75.1707–1 New working section. is dumped at or near air-intake open-
ings, provisions shall be made to avoid
The term ‘‘new working section’’ as dust from entering the mine.
used in § 75.1707 means any extension of
the belt or trolley haulage system in § 75.1710 Canopies or cabs; diesel-pow-
main, cross, and room entries nec- ered and electric face equipment.
essary for the development of the mine In any coal mine where the height of
on and after March 30, 1970. Room en- the coalbed permits, an authorized rep-
tries being developed as of March 30, resentative of the Secretary may re-
1970, with certified stop line limita- quire that diesel-powered and electric
tions as shown on the mine map and re- face equipment, including shuttle cars,
treating panels shall not be considered be provided with substantially con-
as new working sections. structed canopies or cabs to protect
the miners operating such equipment
§ 75.1708 Surface structures, fire- from roof falls and from rib and face
proofing. rolls.
[61 FR 55527, Oct. 25, 1996]
After March 30, 1970, all structures § 75.1710–1 Canopies or cabs; self-pro-
pelled diesel-powered and electric
erected on the surface within 100 feet of face equipment; installation re-
any mine opening shall be of fireproof quirements.
construction. Unless structures exist-
(a) Except as provided in paragraph
ing on or prior to such date which are
(f) of this section, all self-propelled die-
located within 100 feet of any mine sel-powered and electric face equip-
opening are of such construction, fire ment, including shuttle cars, which is
doors shall be erected at effective employed in the active workings of
points in mine openings to prevent each underground coal mine on and
smoke or fire from outside sources en- after January 1, 1973, shall, in accord-
dangering miners underground. These ance with the schedule of time speci-
doors shall be tested at least monthly fied in paragraphs (a) (1), (2), (3), (4),
to insure effective operation. A record (5), and (6) of this section, be equipped
of such tests shall be kept in an area with substantially constructed can-
on the surface of the mine chosen by opies or cabs, located and installed in
the operator to minimize the danger of such a manner that when the operator
destruction by fire or other hazard and is at the operating controls of such
shall be available for inspection by in- equipment he shall be protected from

terested persons. falls of roof, face, or rib, or from rib
648
and face rolls. The requirements of this canopy or cab has the minimum struc-
paragraph (a) shall be met as follows: tural capacity to support elastically:
(1) On and after January 1, 1974, in (1) A dead weight load of 18,000 pounds,
coal mines having mining heights of 72 or (2) 15 p.s.i. distributed uniformly
inches or more; over the plan view area of the struc-
(2) On and after July 1, 1974, in coal ture, whichever is lesser.
mines having mining heights of 60 (e) Evidence of the certification re-
inches or more, but less than 72 inches; quired by paragraph (d) of this section
(3) On and after January 1, 1975, in shall be furnished by attaching a plate,
coal mines having mining heights of 48 label, or other appropriate marking to
inches or more, but less than 60 inches;
the canopy or cab for which certifi-
(4) On and after July 1, 1975, in coal
cation has been made, stating that
mines having mining heights of 36
inches or more, but less than 48 inches; such canopy or cab meets the min-
(5)(i) On and after January 1, 1976, in imum requirements for structural ca-
coal mines having mining heights of 30 pacity set forth in paragraph (d) of this
inches or more, but less than 36 inches, section. Written evidence of such cer-
(ii) On and after July 1, 1977, in coal tification shall also be retained by the
mines having mining heights of 24 operator, and shall be made available
inches or more, but less than 30 inches, to an authorized representative of the
and Secretary upon request. Written evi-
(6) On and after July 1, 1978, in coal dence of certification may consist of
mines having mining heights of less the report of the registered engineer
than 24 inches. who certified the canopy or cab, or of
(b)(1) For purposes of this section, a information from the manufacturer of
canopy means a structure which pro- the canopy or cab stating that a reg-
vides overhead protection against falls istered engineer has certified that the
of roof. canopy or cab meets the minimum re-
(2) For purposes of this section, a cab quirements for structural capacity set
means a structure which provides over- forth in paragraph (d) of this section.
head and lateral protection against (f) An operator may apply to the Di-
falls of roof, rib, and face, or rib and rector of Technical Support, Mine
face rolls.
Safety and Health Administration, De-
(c) In determining whether to install
partment of Labor, 201 12th Street
substantially constructed canopies as
South, Arlington, VA 22202–5452, for ap-
opposed to substantially constructed
cabs, the operator shall consider and proval of the installation of devices to
take into account the following fac- be used in lieu of substantially con-
tors: structed canopies or cabs on self-pro-
(1) The mining method used; pelled diesel-powered and electric face
(2) Physical limitations, including equipment. The Director of Technical
but not limited to the dip of the coal- Support may approve such devices if he
bed, and roof, rib, and face conditions; determines that the use thereof will af-
(3) Previous accident experience, if ford the equipment operator no less
any, caused by falls of roof, rib, and than the same measure of protection
face, or rib and face rolls; from falls of roof, face, or rib, or from
(4) Overhead protection, such as that rib and face rolls as would a substan-
afforded by a substantially constructed tially constructed canopy or cab meet-
canopy, against falls of roof will al- ing the requirements of this section.
ways be required; and
(5) Lateral protection, such as that [37 FR 20690, Oct. 3, 1972, as amended at 41 FR
23200, June 9, 1976; 43 FR 12320, Mar. 24, 1978;
afforded by a substantially constructed
47 FR 28096, June 29, 1982; 61 FR 55527, Oct. 25,
cab, may also be necessary where the
1996; 67 FR 38386, June 4, 2002; 80 FR 52992,
occurrence of falls of rib and face, or Sept. 2, 2015]
rib and face rolls is likely.
(d) For purposes of this section, a EFFECTIVE DATE NOTE: At 42 FR 34877, July
canopy or cab will be considered to be 7, 1977, the dates appearing in paragraphs
substantially constructed if a reg- (a)(5)(ii) and (a)(6) of § 75.1710–1 were sus-

istered engineer certifies that such pended indefinitely, effective July 1, 1977.
649
§ 75.1711 30 CFR Ch. I (7–1–20 Edition)
§ 75.1711 Sealing of mines. ing facilities. Sanitary toilet facilities

shall be provided in the active work-
[STATUTORY PROVISIONS] ings of the mine when such surface fa-
On or after March 30, 1970, the open- cilities are not readily accessible to
ing of any coal mine that is declared the active workings.
inactive by the operator, or is perma- [35 FR 17890, Nov. 20, 1970, as amended at 60
nently closed, or abandoned for more FR 33723, June 29, 1995]
than 90 days, shall be sealed by the op-
erator in a manner prescribed by the § 75.1712–1 Availability of surface
Secretary. Openings of all other mines bathing facilities; change rooms;
and sanitary facilities.
shall be adequately protected in a man-
ner prescribed by the Secretary to pre- Except where a waiver has been
vent entrance by unauthorized persons. granted pursuant to the provisions of
§ 75.1712–4, each operator of an under-
§ 75.1711–1 Sealing of shaft openings. ground coal mine shall on and after De-
Shaft openings required to be sealed cember 30, 1970, provide bathing facili-
under § 75.1711 shall be effectively ties, clothing change rooms, and sani-
capped or filled. Filling shall be for the tary facilities, as hereinafter pre-
entire depth of the shaft and, for the scribed, for the use of the miners at the
first 50 feet from the bottom of the mine.
coalbed, the fill shall consist of incom-
bustible material. Caps consisting of a § 75.1712–2 Location of surface facili-
ties.
6-inch thick concrete cap or other
equivalent means may be used for seal- Bathhouses, change rooms, and sani-
ing. Caps shall be equipped with a vent tary toilet facilities shall be in a loca-
pipe at least 2 inches in diameter ex- tion convenient for the use of the min-
tending for a distance of at least 15 feet ers. Where such facilities are designed
above the surface of the shaft. to serve more than one mine, they
shall be centrally located so as to be as
§ 75.1711–2 Sealing of slope or drift convenient for the use of the miners in
openings. all the mines served by such facilities.
Slope or drift openings required to be
sealed under § 75.1711 shall be sealed § 75.1712–3 Minimum requirements of
with solid, substantial, incombustible surface bathing facilities, change
rooms, and sanitary toilet facilities.
material, such as concrete blocks,
bricks or tile, or shall be completely (a) All bathing facilities, change
filled with incombustible material for rooms, and sanitary toilet facilities
a distance of at least 25 feet into such shall be provided with adequate light,
openings. heat, and ventilation so as to maintain
a comfortable air temperature and to
§ 75.1711–3 Openings of active mines. minimize the accumulation of mois-
The openings of all mines not de- ture and odors, and such facilities shall
clared by the operator, to be inactive, be maintained in a clean and sanitary
permanently closed, or abandoned for condition.
less than 90 days shall be adequately (b) Bathing facilities, change rooms,
fenced or posted with conspicuous signs and sanitary toilet facilities shall be
prohibiting the entrance of unauthor- constructed and equipped so as to com-
ized persons. ply with applicable State and local
building codes: Provided, however, That
§ 75.1712 Bath houses and toilet facili- where no State or local building codes
ties. apply to such facilities, or where no
State or local building codes exist,
such facilities shall be constructed and
The Secretary may require any oper- equipped so as to meet the minimum
ator to provide adequate facilities for construction requirements of the Na-
the miners to change from the clothes tional Building Code; and the min-
worn underground, to provide for the imum plumbing requirements of the
storing of such clothes from shift to U.S.A. Standard Plumbing Code, ASA
shift, and to provide sanitary and bath- A40.8–1955.
650
(c) In addition to the minimum re- requirements, and, upon issuance of

quirements specified in paragraphs (a) such waiver, he shall set forth the fa-
and (b) of this § 75.1712–3, facilities cilities which will not be required and
maintained in accordance with the specific reason or reasons for such
§ 75.1712–1 shall include the following: waiver.
(1) Bathing facilities. (i) Showers shall [35 FR 17890, Nov. 20, 1970, as amended at 60
be provided with both hot and cold FR 33723, June 29, 1995]
water.
(ii) At least one shower head shall be § 75.1712–5 Application for waiver of
provided where five or less miners use surface facilities.
such showers. Applications for waivers of the re-
(iii) Where five or more miners use quirements of §§ 75.1712–1 through
such showers, sufficient showers shall 75.1712–3 shall be filed with the Coal
be furnished to provide approximately Mine Safety District Manager and shall
one shower head for each five miners. contain the following information:
(iv) A suitable cleansing agent shall (a) The name and address of the mine
be provided for use at each shower. operator;
(2) Sanitary toilet facilities. (i) At least (b) The name and location of the
one sanitary flush toilet shall be pro- mine;
vided where 10 or less miners use such (c) A statement explaining why, in
facilities. the opinion of the operator, the instal-
(ii) Where 10 or more miners use such lation or maintenance of the facilities
sanitary toilet facilities, sufficient toi- is impractical or unnecessary.
lets shall be furnished to provide ap-
proximately one sanitary flush toilet § 75.1712–6 Underground sanitary fa-
for each 10 miners. cilities; installation and mainte-
nance.
(iii) Where 30 or more miners use san-
itary toilet facilities, one urinal may (a) Except as provided in § 75.1712–7,
be substituted for one sanitary flush each operator of an underground coal
toilet, however, where such substi- mine shall provide and maintain one
tutions are made they shall not reduce sanitary toilet in a dry location under
the number of toilets below a ratio of protected roof, within 500 feet of each
two toilets to one urinal. working place in the mine where min-
(iv) An adequate supply of toilet ers are regularly employed during the
paper shall be provided with each toi- mining cycle. A single sanitary toilet
let. may serve two or more working places
(v) Adequate handwashing facilities in the same mine, if it is located within
or hand lavatories shall be provided in 500 feet of each such working place.
or adjacent to each toilet facility. (b) Sanitary toilets shall have an at-
(3) Change rooms. (i) Individual tached toilet seat with a hinged lid and
clothes storage containers or lockers a toilet paper holder together with an
shall be provided for storage of miners adequate supply of toilet tissue, except
clothing and other incidental personal that a toilet paper holder is not re-
belongings during and between shifts. quired for an unenclosed toilet facility.
(ii) Change rooms shall be provided (c) Only flush or nonflush chemical
with ample space to permit the use of or biological toilets, sealed bag toilets,
such facilities by all miners changing and vault toilets meet the require-
clothes prior to and after each shift. ments of this section. Privies and com-
bustion or incinerating toilets are pro-
§ 75.1712–4 Waiver of surface facilities hibited underground.
requirements. [68 FR 37087, June 23, 2003]
The Coal Mine Safety District Man-
ager for the district in which the mine § 75.1712–7 Underground sanitary fa-
is located may, upon written applica- cilities; waiver of requirements.
tion by the operator, waive any or all If it has been determined by the Coal
of the requirements of §§ 75.1712–1 Mine Safety District Manager for the
through 75.1712–3 if he determines that district in which the mine is located
the operator of the mine cannot or that sanitary toilets cannot be pro-
need not meet any part or all of such vided and maintained within 500 feet of
651
§ 75.1712–8 30 CFR Ch. I (7–1–20 Edition)
a working place because of the thick- § 75.1712–10 Underground sanitary fa-

ness of the coal seam or because of any cilities; maintenance.
other physical restriction in the under- Sanitary toilets shall be regularly
ground workings, he may, upon written maintained in a clean and sanitary
application by the operator, waive the condition. Holding tanks shall be serv-
location requirements for underground iced and cleaned when full and in no
sanitary facilities with respect to such case less than once each week by drain-
working place. ing or pumping or by removing them to
the surface for cleaning or recharging.
§ 75.1712–8 Application for waiver of Transfer tanks and transfer equipment
location requirements for under- used underground shall be equipped
ground sanitary facilities.
with suitable fittings to permit com-
Applications for waivers of the loca- plete drainage of holding tanks with-
tion requirements of § 75.1712–6 shall be out spillage and allow for the sanitary
filed with the Coal Mine Safety Dis- transportation of wastes to the surface.
trict Manager and shall contain the Waste shall be disposed of on the sur-
following information: face in accordance with State and local
(a) The name and address of the mine laws and regulations.
operator;
(b) The name and location of the § 75.1713 Emergency medical assist-
ance; first-aid.
mine;
(c) The thickness of the coal seam in [STATUTORY PROVISIONS]
each working place in the mine for
which a waiver is requested; and Each operator shall make arrange-
(d) Other physical restrictions in the ments in advance for obtaining emer-
mine (for example, poor roof condi- gency medical assistance and transpor-
tions, excessive water, timbering, etc.). tation for injured persons. Emergency
communications shall be provided to
If a sanitary toilet cannot be installed the nearest point of assistance. Se-
within 500 feet of a working place be- lected agents of the operator shall be
cause of physical conditions other than trained in first-aid and first-aid train-
the thickness of the coal seam, the op- ing shall be made available to all min-
erator shall also include a short state- ers. Each coal mine shall have an ade-
ment specifying areas in the mine quate supply of first-aid equipment lo-
which could be considered possible al- cated on the surface, at the bottom of
ternative sites for installation of such shafts and slopes, and at other stra-
facilities. tegic locations near the working faces.
In fulfilling each of the requirements
§ 75.1712–9 Issuance of waivers. of this section, the operator shall meet
Following the receipt of an applica- at least minimum requirements pre-
tion submitted in accordance with the scribed by the Secretary of Health and
Human Services.
provisions of § 75.1712–8, the Coal Mine
Safety District Manager shall, if he de- [35 FR 17890, Nov. 20, 1970, as amended at 47
termines that the operator cannot FR 14696, Apr. 6, 1982; 60 FR 33723, June 29,
meet the location requirements of 1995]
§ 75.1712–6 with respect to any or all of
§ 75.1713–1 Arrangements for emer-
the working places in the mine because gency medical assistance and trans-
of the coal seam thickness or because portation for injured persons;
of other physical restriction, issue a agreements; reporting require-
waiver of the requirements of this sec- ments; posting requirements.
tion and designate an alternative site (a) Each operator of an underground
for installation of such facilities. The coal mine shall make arrangements
waiver issued shall specify each work- with a licensed physician, medical
ing place to which it shall apply, set service, medical clinic, or hospital to
forth the reasons for such waiver, and provide 24-hour emergency medical as-
the reasons for designation of the al- sistance for any person injured at the
ternative site. mine.
652
(b) Each operator of an underground means of communication with the per-

coal mine shall make arrangements son or persons providing emergency
with an ambulance service, or other- medical assistance or transportation in
wise provide, for 24-hour emergency accordance with the provisions of
transportation for any person injured § 75.1713–1.
at the mine.
(c) Each operator shall, on or before § 75.1713–3 First-Aid training; super-
December 30, 1970, report to the Dis- visory employees.
trict Manager for the district in which The mine operator shall conduct
the mine is located the name, title and first-aid training courses for selected
address of the physician, medical serv- supervisory employees at the mine.
ice, medical clinic, hospital or ambu- Within 60 days after the selection of a
lance service with whom arrangements new supervisory employee to be so
have been made, or otherwise provided, trained, the mine operator shall certify
in accordance with the provisions of by signature and date the name of the
paragraphs (a) and (b) of this § 75.1713– employee and date on which the em-
1. ployee satisfactorily completed the
(d) Each operator shall, within 10 first-aid training course. The certifi-
days after any change of the arrange- cation shall be kept at the mine and
ments required to be reported under made available on request to an au-
the provisions of this § 75.1713–1, report thorized representative of the Sec-
such changes to the District Manager. retary.
If such changes involve a substitution [56 FR 1478, Jan. 14, 1991]
of persons, the operator shall provide
the name, title, and address of the per- § 75.1713–4 First-aid training program;
son substituted together with the name availability of instruction to all
and address of the medical service, miners.
medical clinic, hospital, or ambulance On or before June 30, 1971, each oper-
service with which such person or per- ator of an underground coal mine shall
sons are associated. make available to all miners employed
(e) Each operator shall, immediately in the mine a course of instruction in
after making an arrangement required first-aid conducted by the operator or
under the provisions of paragraphs (a) under the auspices of the operator, and
and (b) of this § 75.1713–1, or imme- such a course of instruction shall be
diately after any change of such ar- made available to newly employed
rangement, post at appropriate places miners within 6 months after the date
at the mine the names, titles, address- of employment.
es, and telephone numbers of all per-
sons or services currently available § 75.1713–5 First-aid training program;
under such arrangements to provide retraining of supervisory employ-
medical assistance and transportation ees; availability to all miners.
at the mine. Beginning January 1, 1971, each oper-
ator of an underground coal mine shall
§ 75.1713–2 Emergency communica- conduct refresher first-aid training
tions; requirements. courses each calendar year for all se-
(a) Each operator of an underground lected supervisory employees, and
coal mine shall establish and maintain make available refresher first-aid
a communication system from the training courses to all miners em-
mine to the nearest point of medical ployed in the mine.
assistance for use in an emergency.
(b) The emergency communication § 75.1713–6 First-aid training program;
system required to be maintained minimum requirements.
under paragraph (a) of this § 75.1713–2 (a) All first-aid training programs re-
may be established by telephone or quired under the provisions of
radio transmission or by any other §§ 75.1713–3 and 75.1713–4 shall include 10
means of prompt communication to class hours of training in a course of
any facility (for example, the local instruction similar to that outlined in
sheriff, the State highway patrol, or ‘‘First Aid, A Bureau of Mines Instruc-
local hospital) which has available the tion Manual.’’
653
§ 75.1713–7 30 CFR Ch. I (7–1–20 Edition)
(b) Refresher first-aid training pro- dust tight, moisture proof containers
grams required under the provisions of and such supplies shall be accessible to
§ 75.1713–5 shall include five class hours the miners.
of refresher training in a course of in-
struction similar to that outlined in § 75.1714 Availability of approved self-
‘‘First Aid, A Bureau of Mines Instruc- rescue devices; instruction in use
tion Manual.’’ and location.
(a) Each operator shall make avail-
§ 75.1713–7 First-aid equipment; loca- able to each miner who goes under-
tion; minimum requirements.
ground, and to visitors authorized to
(a) Each operator of an underground enter the mine by the operator, an ap-
coal mine shall maintain a supply of proved self-rescue device or devices
the first-aid equipment set forth in which is adequate to protect such per-
paragraph (b) of this § 75.1713–7 at each son for 1 hour or longer.
of the following locations: (b) Before any person authorized by
(1) At the mine dispatcher’s office or the operator goes underground, the op-
other appropriate work area on the erator shall instruct and train such
surface in close proximity to the mine person in accordance with provisions
entry; set forth in 30 CFR part 48.
(2) At the bottom of each regularly
traveled slope or shaft; however, where [43 FR 54246, Nov. 21, 1978, as amended at 53
the bottom of such slope or shaft is not FR 10336, Mar. 30, 1988; 60 FR 30401, June 8,
more than 1,000 feet from the surface, 1995; 71 FR 71454, Dec. 8, 2006]
such first-aid supplies may be main-
§ 75.1714–1 Approved self-rescue de-
tained on the surface at the entrance vices.
to the mine; and
(3) At a point in each working section The requirements of § 75.1714 shall be
not more than 500 feet outby the active met by making available to each per-
working face or faces. son referred to in that section a self-
(b) The first-aid equipment required rescue device or devices, which have
to be maintained under the provisions been approved by MSHA and NIOSH
of paragraph (a) of this § 75.1713–7 shall under 42 CFR part 84, as follows:
include at least the following: (a) A 1-hour SCSR;
(1) One stretcher; (b) A SCSR of not less than 10 min-
(2) One broken-back board. (If a utes and a 1-hour canister; or
splint stretcher combination is used it (c) Any other self-contained breath-
will satisfy the requirements of both ing apparatus which provides protec-
(1) and (2)). tion for a period of 1 hour or longer and
(3) 24 triangular bandages (15 if a which is approved for use by MSHA as
splint-stretcher combination is used). a self-rescue device when used and
(4) Eight 4-inch bandage compresses; maintained as prescribed by MSHA.
(5) Eight 2-inch bandage compresses.
(6) Twelve 1-inch adhesive com- [60 FR 30401, June 8, 1995]
presses;
§ 75.1714–2 Self-rescue devices; use
(7) One foille; and location requirements.
(8) Two cloth blankets:
(9) One rubber blanket or equivalent (a) Self-rescue devices shall be used
substitute. and located as prescribed in paragraphs
(10) Two tourniquets; (b) through (f) of this section.
(11) One 1-ounce bottle of aromatic (b) Except as provided in paragraph
spirits of ammonia or 1 dozen ammonia (c), (d), (e), or (f) of this section, self-
ampules. rescue devices shall be worn or carried
(12) The necessary complements of at all times by each person when un-
arm and leg splints or two each inflat- derground.
able plastic arm and leg splints. (c) Where the wearing or carrying of
(c) All first-aid supplies required to the self-rescue device is hazardous to
be maintained under the provisions of the person, it shall be placed in a read-
paragraphs (a) and (b) of this § 75.1713– ily accessible location no greater than
7 shall be stored in suitable, sanitary, 25 feet from such person.
654
(d) Where a person works on or devices shall be used and located as fol-
around equipment, the self-rescue de- lows:
vice may be placed in a readily acces- (1) Except as provided in paragraphs
sible location on such equipment. (c) and (d) of this section, the device of
(e) A mine operator may apply to the not less than 10 minutes shall be worn
District Manager under § 75.1502 for per- or carried at all times by each person
mission to place the SCSR more than when underground, and
25 feet away. (2) The one-hour canister shall be
(1) The District Manager shall con- available at all times to all persons
sider the following factors in deciding when underground in accordance with
whether to permit an operator to place a plan submitted by the mine operator
a SCSR more than 25 feet from a and approved by the District Manager.
miner: When the one-hour canister is placed in
(i) Distance from affected sections to a storage location, a sign made of a re-
surface, flective material with the word
(ii) Pitch of seam in affected sec- ‘‘SCSRs’’ or ‘‘SELF-RESCUERS’’ shall
tions, be conspicuously posted at each stor-
(iii) Height of coal seam in affected age location. Direction signs made of a
sections, reflective material shall be posted
(iv) Location of escapeways, leading to each storage location.
(v) Proposed location of SCSRs, [43 FR 54246, Nov. 21, 1978, as amended at 60
(vi) Type of work performed by af- FR 30401, June 8, 1995; 69 FR 8108, Feb. 23,
fected miners, 2004; 71 FR 12270, Mar. 9, 2006; 71 FR 71454,
Dec. 8, 2006]
(vii) Degree of risk to which affected
miners are exposed, § 75.1714–3 Self-rescue devices; inspec-
(viii) Potential for breaking into oxy- tion, testing, maintenance, repair,
gen deficient atmospheres, and recordkeeping.
(ix) Type of risk to which affected (a) Each operator shall provide for
miners are exposed, proper inspection, testing, mainte-
(x) Accident history of mine, and nance, and repair of self-rescue devices
(xi) Other matters bearing upon the by a person trained to perform such
safety of miners. functions.
(2) Such application shall not be ap- (b) After each time a self-rescue de-
proved by the District Manager unless vice is worn or carried by a person, the
it provides that, while underground, all device shall be inspected for damage
miners whose SCSR is more than 25 and for the integrity of its seal by a
feet away shall have a FSR approved person trained to perform this func-
by MSHA and NIOSH under 42 CFR tion. Self-rescue devices with broken
part 84 sufficient to enable each miner seals or which are damaged so that the
to get to a SCSR. device will not function properly shall
(3) An operator may not obtain per- be removed from service.
mission under paragraph (e) of this sec- (c) All FSRs approved by MSHA and
tion to place SCSRs more than 25 feet NIOSH under 42 CFR part 84, except de-
away from miners on trips into and out vices using vacuum containers as the
of the mine. only method of sealing, shall be tested
(f) If an SCSR is not carried out of at intervals not exceeding 90 days by
the mine at the end of a miner’s shift, weighing each device on a scale or bal-
the place of storage shall be approved ance accurate to within + 1 gram. A de-
by the District Manager. A sign made vice that weighs more than 10 grams
of reflective material with the word over its original weight shall be re-
‘‘SCSRs’’ or ‘‘SELF-RESCUERS’’ shall moved from service.
be conspicuously posted at each SCSR (d) All SCSRs approved by MSHA and
storage location. Direction signs made NIOSH under 42 CFR part 84 shall be
of a reflective material shall be posted tested in accordance with instructions
leading to each storage location. approved by MSHA and NIOSH. Any
(g) Where devices of not less than 10 device which does not meet the speci-
minutes and 1 hour are made available fied test requirements shall be removed
in accordance with § 75.1714–1(b), such from service.
655
§ 75.1714–4 30 CFR Ch. I (7–1–20 Edition)
(e) At the completion of each test re- (2) Storage locations shall be spaced
quired by paragraphs (c) and (d) of this along each escapeway at 30-minute
section the person making the tests travel distances no greater than the
shall certify by signature and date that distances determined by—
the tests were done. This person shall (i) Calculating the distance an aver-
make a record of all corrective action age miner walks in 30 minutes by using
taken. Certifications and records shall the time necessary for each miner in a
be kept at the mine and made available sample of typical miners to walk a typ-
on request to an authorized representa- ical length of each escapeway; or
tive of the Secretary. (ii) Using the SCSR storage location
(f) Self-rescue devices removed from spacing specified in the following table,
service shall be repaired for return to except for escapeways with grades over
service only by a person trained to per- 5 percent.
form such work and only in accordance
with the manufacturer’s instructions. Maximum
distance
[43 FR 54246, Nov. 21, 1978, as amended at 47 Average entry height between
FR 14706, Apr. 6, 1982; 56 FR 1478, Jan. 14, SCSR stor-
age loca-
1991; 60 FR 30402, June 8, 1995; 60 FR 33723, tions (in ft.)
June 29, 1995]
<40 in. (Crawl) ................................................... 2,200
§ 75.1714–4 Additional self-contained >40–<50 in. (Duck Walk) ................................... 3,300
self-rescuers (SCSRs). >50–<65 in. (Walk Head Bent) .......................... 4,400
>65 in. (Walk Erect) .......................................... 5,700
(a) Additional SCSRs in work places. In
addition to the requirements in
(d) Additional SCSRs in hardened
§§ 75.1714, 75.1714–1, 75.1714–2, and
rooms. As an alternative to providing
75.1714–3 of this part, the mine operator
SCSR storage locations in each
shall provide the following:
(1) At least one additional SCSR, escapeway, the mine operator may
which provides protection for a period store SCSRs in a hardened room lo-
of one hour or longer, for each person cated between adjacent escapeways.
at a fixed underground work location. (1) The hardened room shall be de-
(2) Additional SCSRs along the nor- signed and constructed to the same ex-
mal travel routes for pumpers, exam- plosion force criteria as seals.
iners, and other persons who do not (2) The hardened room shall include a
have a fixed work location to be stored means to provide independent, positive
at a distance an average miner could pressure ventilation from the surface
walk in 30 minutes. The SCSR storage during an emergency.
locations shall be determined by using (3) The District Manager shall ap-
one of the methods found under para- prove the design and construction of
graph (c)(2) of this section. hardened rooms in the ventilation
(b) Additional SCSRs on mantrips. If a plan.
mantrip or mobile equipment is used to (4) These SCSR storage locations
enter or exit the mine, at least one ad- shall be spaced in accordance with
ditional SCSR, which provides protec- paragraph (c) of this section.
tion for a period of one hour or longer, (e) Storage location accessibility. All
shall be available for each person who SCSRs required under this section
uses such transportation from portal to shall be stored according to the manu-
portal. facturers’ instructions, in conspicuous
(c) Additional SCSRs in escapeways. locations readily accessible by each
When each person underground cannot person in the mine.
safely evacuate the mine within 30 (f) Storage location signs. A sign made
minutes, the mine operator shall proof reflective material with the words
vide additional SCSRs stored in each ‘‘SCSRs’’ or ‘‘SELF-RESCUERS’’ shall
required escapeway. be conspicuously posted at each stor-
(1) Each storage location shall con- age location. Direction signs made of a
tain at least one SCSR, which provides reflective material shall be posted
protection for a period of one hour or
leading to each storage location.

longer, for every person who will be
inby that location. [71 FR 71454, Dec. 8, 2006]
656
§ 75.1714–5 Map locations of self-con- report the change to MSHA within the
tained self-rescuers (SCSR). quarter that the change occurs (Jan–
The mine operator shall indicate the Mar, Apr–Jun, Jul–Sep, Oct–Dec).
locations of all stored SCSRs on the (b) Reporting SCSR problems. A mine
mine maps required by §§ 75.1200 and operator shall report to MSHA any de-
75.1505 of this part. fect, performance problem, or malfunc-
tion with the use of an SCSR. The re-
[71 FR 71454, Dec. 8, 2006] port shall include a detailed descrip-
tion of the problem and, for each SCSR
§ 75.1714–6 Emergency tethers. involved, the information required by
At least one tether, which is a dura- paragraph (a)(1) of this section.
ble rope or equivalent material de- (c) Retention of problem SCSRs. The
signed to permit members of a mine mine operator shall preserve and retain
crew to link together while evacuating each SCSR reported under paragraph
the mine during an emergency, shall be (b) of this section for 60 days after re-
provided and stored with the additional porting the problem to MSHA.
SCSRs on the fixed work location and
[71 FR 71454, Dec. 8, 2006]
on the mobile equipment required in
§§ 75.1714–4(a)(1) and (b) of this part. § 75.1715 Identification check system.
[71 FR 71454, Dec. 8, 2006]
§ 75.1714–7 Multi-gas detectors. Each operator of a coal mine shall es-
(a) Availability. A mine operator shall tablish a check-in and check-out sys-
provide an MSHA-approved, handheld, tem which will provide positive identi-
multi-gas detector that can measure fication of every person underground,
methane, oxygen, and carbon monoxide and will provide an accurate record of
to each group of underground miners the persons in the mine kept on the
and to each person who works alone, surface in a place chosen to minimize
such as pumpers, examiners, and outby the danger of destruction by fire or
miners. other hazard. Such record shall bear a
(b) Qualified person. At least one per- number identical to an identification
son in each group of underground min- check that is securely fastened to the
ers shall be a qualified person under lamp belt worn by the person under-
§ 75.150 of this part and each person who ground. The identification check shall
works alone shall be trained to use the be made of a rust resistant metal of
multi-gas detector. not less than 16 gauge.
(c) Maintenance and calibration.
Multi-gas detectors shall be main- § 75.1716 Operations under water.
tained and calibrated as specified in
§ 75.320 of this part. [STATUTORY PROVISIONS]
[71 FR 71454, Dec. 8, 2006] Whenever an operator mines coal
from a coal mine opened after March
§ 75.1714–8 Reporting SCSR inventory 30, 1970, or from any new working sec-
and malfunctions; retention of tion of a mine opened prior to such
SCSRs. date, in a manner that requires the
(a) SCSR inventory. A mine operator construction, operation, and mainte-
shall submit to MSHA a complete in- nance of tunnels under any river,
ventory of all SCSRs at each mine. stream, lake, or other body of water,
New mines shall submit the inventory that is, in the judgment of the Sec-
within 3 months of beginning oper- retary, sufficiently large to constitute
ation. a hazard to miners, such operator shall
(1) The inventory shall include— obtain a permit from the Secretary
(i) Mine name, MSHA mine ID num- which shall include such terms and
ber, and mine location; and conditions as he deems appropriate to
(ii) For each SCSR unit, the manu- protect the safety of miners working or
facturer, the model type, the date of passing through such tunnels from
manufacture, and the serial number. caveins and other hazards. Such per-
(2) In the event that a change in the mits shall require, in accordance with
inventory occurs, a mine operator shall a plan to be approved by the Secretary,
657
§ 75.1716–1 30 CFR Ch. I (7–1–20 Edition)
that a safety zone be established be- (e) A profile map showing the type of
neath and adjacent to such body of strata and the distance in elevation be-
water. No plan shall be approved unless tween the coal bed and the river,
there is a minimum of cover to be de- stream, lake or other body of water in-
termined by the Secretary, based on volved. The type of strata shall be de-
test holes drilled by the operator in a termined by core test drill holes as pre-
manner to be prescribed by the Sec- scribed by the Coal Mine Safety Dis-
retary. No such permit shall be re- trict Manager.
quired in the case of any new working
section of a mine which is located § 75.1716–4 Issuance of permits.
under any water resource reservoir If the Coal Mine Safety District Man-
being constructed by a Federal agency ager determines that the proposed min-
on December 30, 1969, the operator of ing operations under water can be safe-
which is required by such agency to op- ly conducted, he shall issue a permit
erate in a manner that protects the for the conduct of such operations
safety of miners working in such sec- under such conditions as he deems nec-
tion from cave-ins and other hazards. essary to protect the safety of miners
[35 FR 17890, Nov. 20, 1970, as amended at 60 engaged in those operations.
FR 33723, June 29, 1995]
§ 75.1717 Exemptions.
§ 75.1716–1 Operations under water;
notification by operator. [STATUTORY PROVISIONS]
An operator planning to mine coal No notice under § 75.1716–1 and no per-
from coal mines opened after March 30, mit under § 75.1716–2 shall be required
1970, or from working sections in mines in the case of any new working section
opened prior to such date, and in such of a mine which is located under any
manner that mining operations will be water resource reservoir being con-
conducted, or tunnels constructed, structed by a Federal agency as of De-
under any river, stream, lake, or other cember 30, 1969, and where the operator
body of water, shall give notice to the is required by such agency to operate
Coal Mine Safety District Manager in in a manner that adequately protects
the district in which the mine is lo- the safety of miners.
cated prior to the commencement of
such mining operations. § 75.1718 Drinking water.
§ 75.1716–2 Permit required. [STATUTORY PROVISIONS]

If in the judgment of the Coal Mine An adequate supply of potable water
Safety District Manager the proposed shall be provided for drinking purposes
mining operations referred to in in the active workings of the mine, and
§ 75.1716–1 constitute a hazard to min- such water shall be carried, stored, and
ers, he shall promptly so notify the op- otherwise protected in sanitary con-
erator that a permit is required. tainers.
§ 75.1716–3 Applications for permits. § 75.1718–1 Drinking water; quality.
An application for a permit required (a) Potable water provided in accord-
under this section shall be filed with ance with the provisions of § 75.1718
the Coal Mine Safety District Manager shall meet the applicable minimum
and shall contain the following general health requirements for drinking water
information: established by the State or community
(a) Name and address of the com- in which the mine is located.
pany. (b) Where no state or local health re-
(b) Name and address of the mine. quirements apply to drinking water or
(c) Projected mining and ground sup- where no state or local minimum
port plans. health requirements exist, drinking
(d) A mine map showing the locations water provided in accordance with the
of the river, stream, lake, or other provisions of § 75.1718 shall contain a
body of water and its relation to the lo- minimum of 0.2 milligrams of free chlo-
cation of all working places. rine per liter of water.
658
§ 75.1719 Illumination; purpose and graphs (e)(1) through (e)(6) of this sec-
scope of §§ 75.1719 through 75.1719– tion.
4; time for compliance. (1) Continuous miners and coal-loading
(a) Section 317(e) of the Act (30 U.S.C. equipment. In working places in which
877(e)) directs and authorizes the Sec- continuous miners and coal-loading
retary to propose and promulgate equipment are operated, the areas
standards under which all working which shall be illuminated shall be as
places in a mine shall be illuminated follows:
by permissible lighting while persons (i) The face, and
are working in such places §§ 75.1719 (ii) The ribs, roof, floor, and exposed
through 75.1719–4 prescribe the require- surface of mining equipment, which are
ments for illumination of working between the face and the inby end of
places in underground coal mines while the shuttle car or other conveying
persons are working in such places and equipment while in position to receive
while self-propelled mining equipment material.
is operated in the working place. (2) Self-loading haulage equipment used
(b) Mine operators shall comply with as a loading machine. In working places
§§ 75.1719 through 75.1719–4 not later in which self-loading haulage equip-
than July 1, 1978. ment is operated to load material, the
areas which shall be illuminated shall
[41 FR 43534, Oct. 1, 1976, as amended at 43 FR be as follows:
13564, Mar. 31, 1978] (i) The face, and
(ii) The ribs, roof, floor, and exposed
§ 75.1719–1 Illumination in working surfaces of mining equipment, which
places.
are between the face and a point 5 feet
(a) Each operator of an underground outby the machine.
coal mine shall provide each working (3) Cutting and drilling equipment. In
place in the mine with lighting as pre- working places in which cutting or
scribed in §§ 75.1719–1 and 75.1719–2 while drilling equipment is operated, the
self-propelled mining equipment is op- areas which shall be illuminated shall
erated in the working place. be as follows:
(b) Self-propelled mining equipment; (i) The ribs, roof, floor, and exposed
definition. For the purposes of §§ 75.1719 surfaces of mining equipment, which
through 75.1719–4, ‘‘self-propelled min- are between the face and a point 5 feet
ing equipment’’ means equipment outby the machine.
which possesses the capability of mov- (4) Shortwall and longwall mining
ing itself or its associated components equipment. In working places in which
from one location to another by elec- shortwall or longwall mining equip-
tric, hydraulic, pneumatic, or mechan- ment is operated, the areas which shall
ical power supplied by a source located be illuminated shall be as follows:
on the machine or transmitted to the (i) The area for the length of the self-
machine by cables, ropes, or chains. advancing roof support system and
(c) The lighting prescribed in this which is between the gob-side of the
section shall be in addition to that pro- travelway and the side of the block of
vided by personal cap lamps. coal from which coal is being ex-
(d) The luminous intensity (surface tracted, and
brightness) of surfaces that are in a (ii) The control station, and the head
miner’s normal field of vision of areas piece and tail piece of the face con-
in working places that are required to veyor, and
be lighted shall be not less than 0.06 (iii) The roof and floor for a distance
footlamberts when measured in accord- of 5 feet horizontally from the control
ance with § 75.1719–3. station, head piece and tail piece.
(e) When self-propelled mining equip- (5) Roof bolting equipment. In working
ment specified in paragraphs (e)(1) places in which roof bolting equipment
through (e)(6) of this section is oper- is operated, the areas which shall be il-
ated in a working place, the areas luminated shall be as follows:
within a miner’s normal field of vision (i) Where the distance from the floor, to
which shall be illuminated in the work- the roof is 5 feet, or less: the face, ribs,
ing place shall be as prescribed in para- roof, floor, and exposed surfaces of
659
§ 75.1719–2 30 CFR Ch. I (7–1–20 Edition)
mining equipment, which are within an § 75.1719–2 Lighting fixtures; require-

area the perimeter of which is a dis- ments.
tance of 5 feet from the machine, when (a) Lighting fixtures shall be permis-
measured parallel to the floor. sible.
(ii) Where the distance from the floor to (b) Lighting fixtures may be installed
the roof is more than 5 feet: the face, on self-propelled machines or may be
ribs, roof, floor, and exposed surfaces of stationary lighting fixtures.
mining equipment, which are within an (c)(1) Electrically operated lighting
area the perimeter of which from the fixtures shall be energized by direct
front and sides of the machine is a dis- current, or by sinusoidal full wave al-
tance equal to the distance from the ternating current not less than 50 cy-
floor to the roof and from the rear of cles per second (100 pulses per second),
the machine a distance of 5 feet, when or by an equivalent power source that
measured parallel to the floor. causes no greater flicker.
(6) Other self-propelled equipment. Un- (2) Alternating current circuits sup-
less the entire working place is illumi- plying power to stationary lighting fix-
nated by stationary lighting equip- tures shall contain conductors ener-
ment, in working places in which self- gized at voltages not greater than 70
propelled equipment is operated, other volts to ground. Alternating current
than equipment specified in paragraphs circuits, energized at 100 volts or more
(e)(1) through (e)(5) of this section, illu- and used to supply power to stationary
mination shall be provided as follows: lighting fixtures, shall originate at a
(i) Luminaires shall be installed on transformer having a center or neutral
each machine operated in the working tap grounded to earth through a proper
place which shall illuminate a face or resistor, which shall be designed to
rib coal surface which is within 10 feet limit fault current to not more than 5
amperes. A grounding circuit in ac-
of the front and the rear of the ma-
cordance with § 75.701–4 shall originate
chine to a luminous intensity of not
at the grounded terminal of the
less than 0.06 footlamberts, and grounding resistor and extend along
(ii) The height and width of the area with the power conductors and serve as
of the coal surface which shall be illu- a grounding conductor for the frames
minated shall equal the height and of all equipment receiving power from
width, respectively, of the machine on the circuit. The ground fault current
which the luminaires are installed, and rating of grounding resistors shall
(iii) The luminaires in the direction meet the ‘‘extended time rating’’ set
of travel shall be operated at all times forth in the Institute of Electrical and
the equipment is being trammed in the Electronics Engineers, Inc. Standard
working place. No. 32 (IEEE Std. 32–1972) which is
(f) The Administrator, Coal Mine hereby incorporated by reference and
Health and Safety, MSHA, may specify made a part hereof. The incorporated
other areas in a working place to be il- publication is available for examina-
luminated for the protection of miners tion at each MSHA Coal Mine Safety
while self-propelled mining equipment and Health district office, and may be
is being operated in the working place. obtained from the Institute of Elec-
(g) Surface brightness of floor, roof, trical and Electronics Engineers, Inc.,
Publications Office, 10662 Los Vaqueros
coal and machine surfaces in the nor-
Circle, P.O. Box 3014 Los Alamitos, CA
mal visual field of a miner shall not
90720–1264 Telephone: 800–272–6657 (toll
vary more than 50 percent between ad- free); http://www.ieee.org.
jacent fields of similar surface reflec-
(3) Machine-mounted lighting fix-
tance, and the maximum surface tures shall be electrically grounded to
brightness of such surface shall not ex- the machine by a separate grounding
ceed 120 footlamberts when measured conductor in compliance with § 75.701–4.
in accordance with § 75.1719–3. (d) Direct current circuits in excess
of a nominal voltage of 300 volts shall
[41 FR 43534, Oct. 1, 1976, as amended at 42 FR

18859, Apr. 11, 1977; 43 FR 43458, Sept. 26, 1978; not be used to supply power to sta-
47 FR 28096, June 29, 1982] tionary light fixtures.
660
(e) Cables conducting power to sta- (2) In areas of working places speci-
tionary lighting fixtures from both al- fied in § 75.1719–1(e)(4) luminous inten-
ternating and direct current power sity measurements may be made at
sources, other than intrinsically safe any time longwall or shortwall mining
devices, shall be considered trailing ca- equipment is operated except that
bles, and shall meet the requirements when measurements are made in the
of Subpart G of this part. In addition, vicinity of shearers, plows, or contin-
such cables shall be protected against uous miners, the equipment shall be
overloads and short circuits by a suit- idle while measurements are being
able circuit breaker or other device ap-
made.
proved by the Secretary. Circuit break-
ers or other device approved by the (3) In areas of working places speci-
Secretary protecting trailing cables re- fied in § 75.1719–1(e)(5) luminous inten-
ceiving power from resistance grounded sity measurements of the face, ribs,
circuits shall be equipped with a roof, floor, and exposed surfaces of
ground trip arrangement which shall mining equipment, shall be made with
be designed to deenergize the circuit at the machine idle and located in the ap-
not more than 50% of the available proximate center of the working place
fault current. with the drilling head toward the face
(f) Before shunts are removed from and a distance from the face of 5 feet,
blasting caps, lighting fixtures and as- or the distance from the floor to the
sociated cables located in the same roof, whichever is applicable. When the
working place shall be deenergized. machine is located in the center of the
Furthermore, lighting fixtures shall be working place and the surfaces of the
removed out of the line of blast and not ribs to be illuminated are not within
less than 50 feet from the blasting oper- the perimeter of the area determined
ation unless otherwise protected in accordance with § 75.1719–1(e)(5), the
against flying debris. machine shall be positioned the appli-
(g) Lighting fixtures shall be de- cable distance from the face and each
signed and installed to minimize dis- rib and luminous intensity measure-
comfort glare. ments made for each rib, provided,
[41 FR 43534, Oct. 1, 1976, as amended at 71 FR however, that luminous intensity
16669, Apr. 3, 2006] measurements may be made of the
face, roof, floor, and exposed surfaces
§ 75.1719–3 Methods of measurement;
light measuring instruments. of mining equipment with the machine
so located without locating the ma-
(a) Compliance with § 75.1719–1(d) chine in the center of the working
shall be determined by MSHA by meas- place.
uring luminous intensity (surface
(4) In areas of working places speci-
brightness).
fied in § 75.1719–1(e)(6), luminous inten-
(b) In measuring luminous intensity
sity measurements of a coal surface
the following procedures shall be used:
(1) In areas of working places speci- shall be made with the machine idle
fied in §§ 75.1719.1(e)(1) through 75.1719– and located in the approximate center
1(e)(3) luminous intensity measure- of the working place with the appro-
ments of the face, ribs, roof, floor, and priate end toward the face and not less
exposed surfaces of mining equipment, than 9 feet nor more than 10 feet from
shall be made with the machine idle the face.
and located in the approximate center (5) The area of surfaces to be meas-
of the working place with the cutting, ured shall be divided into round or
loading, or drilling head toward the square fields having an area of not less
face and not more than 3 feet from the than 3 nor more than 5 square feet as
face. illustrated by the following figure:
661
§ 75.1719–3 30 CFR Ch. I (7–1–20 Edition)
(6) Measurements shall be taken with

the photometer held approximately
(8) Measurements shall not be made
perpendicular to the surface being
where shadows are cast by roof control
measured and a sufficient distance posts, ventilation equipment, or other
from the surface to allow the light obstructions necessary to insure safe
sensing element in the instrument to mining conditions.
receive reflected light from a field of (9) Where machine-mounted light fix-
not less than 3 nor more than 5 square tures are used on equipment, except
feet. The luminous intensity of each self advancing roof support systems,
such field shall be not less than 0.06 measurements shall not be made of
footlambert. surfaces on or within 1 foot of a self-
(7) In areas of working places where propelled machine.
clearances are restricted to the extent (c) For the purpose of making illu-
that the photometer cannot be held a mination measurements, an authorized
sufficient distance from the surface to representative of the Secretary may re-
allow the light sensing element in the quire the installation of temporary
instrument to receive reflected light roof supports or the removal of the
from a field having an area of at least equipment to a similar working place
3 square feet, luminous intensity shall in which permanent roof supports have
be considered as the average of four been installed.
uniformly spaced readings taken at the (d) Light measuring instruments
corners and within a square field hav- shall be properly calibrated and main-
ing an area of approximately 4 square tained. Instruments shall be calibrated
feet. In such instances, the area of each against standards traceable to the Na-
tional Institute of Standards and Tech-
of the individual readings shall not ex-
nology (Formerly the National Bureau
ceed 100 square inches. The average of
of Standards) and color corrected to
the four readings shall be not less than
the Commission Internationale de
0.06 footlambert. The method of meas- l’Eclairage (CIE) Spectral Luminous
urement is illustrated by the following Curve. The CIE Spectral Luminous
figure: Curve is as follows:
EC22OC91.022</GPH>
662
EC22OC91.021</GPH>
ground coal mine shall be required to

wear the following protective clothing
and devices:
(a) Protective clothing or equipment
and face-shields or goggles when weld-
ing, cutting, or working with molten
metal or when other hazards to the
eyes exist from flying particles.
(b) Suitable protective clothing to
cover those parts of the body exposed
to injury when handling corrosive or
toxic substances or other materials
which might cause injury to the skin.
(c) Protective gloves when handling
materials or performing work which
might cause injury to the hands; how-
ever, gloves shall not be worn where
they would create a greater hazard by
becoming entangled in the moving
parts of equipment.
(d) A suitable hard hat or hard cap. If
a hard hat or hard cap is painted, non-
[41 FR 43534, Oct. 1, 1976, as amended at 71 FR
metallic based paint shall be used.
16669, Apr. 3, 2006]
(e) Suitable protective footwear.
§ 75.1719–4 Mining machines, cap [36 FR 19497, Oct. 7, 1971, as amended at 39 FR
lamps; requirements. 7175, Feb. 25, 1974]
(a) Paint used on exterior surfaces of
§ 75.1720–1 Distinctively colored hard
mining machines shall have a min- hats, or hard caps; identification for
imum reflectance of 30 percent, except newly employed, inexperienced
cab interiors and other surfaces which miners.
might adversely affect visibility.
Hard hats or hard caps distinctively
(b) When stationary light fixtures are
different in color from those worn by
used, red reflectors mounted in protec-
experienced miners shall be worn by
tive frames or reflecting tape shall be
each newly employed, inexperienced
installed on each end of mining ma-
miner for at least one year from the
chines, except that continuous mining
date of his initial employment as a
machines, loaders, and cutters need
miner or until he has been qualified or
only have such reflectors or tape on
certified as a miner by the State in
the outby end. Reflectors or reflecting
which he is employed.
tape shall have an area of not less than
10 square inches. [39 FR 7175, Feb. 25, 1974]
(c) Each person who goes under-
ground shall be required to wear an ap- § 75.1721 Opening of new underground
coal mines, or reopening and reacti-
proved personal cap lamp or an equiva- vating of abandoned or deactivated
lent portable light. coal mines, notification by the oper-
(d) Each person who goes under- ator; requirements.
ground shall be required to wear a hard
(a) Each operator of a new under-
hat or hard cap which shall have a min-
ground coal mine, and a mine which
imum of 6 square inches of reflecting
has been abandoned or deactivated and
tape or equivalent paint or material on
is to be reopened or reactivated, shall
each side and back.
prior to opening, reopening or reacti-
[41 FR 43534, Oct. 1, 1976] vating the mine notify the Coal Mine
Health and Safety District Manager for
§ 75.1720 Protective clothing; require- the district in which the mine is lo-
ments. cated of the approximate date of the
On and after the effective date of this proposed or actual opening of such
§ 75.1720 each miner regularly employed mine. Thereafter, and as soon as prac-
in the active workings of an under- ticable, the operator of such mine shall
663
EC22OC91.023</GPH>
§ 75.1722 30 CFR Ch. I (7–1–20 Edition)
submit all preliminary plans in accord- § 75.1722 Mechanical equipment

ance with paragraphs (b) and (c) of this guards.
section to the District Manager and (a) Gears; sprockets; chains; drive,
the operator shall not develop any part head, tail, and takeup pulleys;
of the coalbed in such mine unless and flywheels; couplings, shafts; sawblades;
until all preliminary plans have been fan inlets; and similar exposed moving
approved. machine parts which may be contacted
(b) The preliminary plans required to by persons, and which may cause in-
be submitted by the operator to the jury to persons shall be guarded.
District Manager shall be in writing (b) Guards at conveyor-drive, con-
and shall contain the following: veyor-head, and conveyor-tail pulleys
(1) The name and location of the pro- shall extend a distance sufficient to
posed mine and the Mine Safety and prevent a person from reaching behind
Health Administration mine identifica- the guard and becoming caught be-
tion number, if known; tween the belt and the pulley.
(2) The name and address of the mine (c) Except when testing the machin-
operator(s); ery, guards shall be securely in place
(3) The name and address of the prin- while machinery is being operated.
cipal official designated by the oper- [38 FR 4976, Feb. 23, 1973]
ator as the person who is in charge of
health and safety at the mine; § 75.1723 Stationary grinding ma-
(4) The identification and approxi- chines; protective devices.
mate height of the coalbed to be devel- (a) Stationary grinding machines
oped; other than special bit grinders shall be
(5) The system of mining to be em- equipped with:
ployed; (1) Peripheral hoods (less than 90°
(6) A proposed roof control plan con- throat openings) capable of with-
taining the information specified in standing the force of a bursting wheel.
§ 75.220. (2) Adjustable tool rests set as close
(7) A proposed mine ventilation plan as practical to the wheel.
containing the information specified in (3) Safety washers.
§§ 75.371 and 75.372; (b) Grinding wheels shall be operated
(8) A proposed plan for sealing within the specifications of the manu-
worked-out areas containing the infor- facturer of the wheel.
mation specified in §§ 75.371 and 75.372. (c) Face shields or goggles, in good
(9) A proposed program for searching condition, shall be worn when oper-
miners for smoking materials in ac- ating a grinding wheel.
cordance with the provisions of [38 FR 4976, Feb. 23, 1973]
§ 75.1702; and,
(10) A proposed plan for emergency § 75.1724 Hand-held power tools; safety
medical assistance and emergency devices.
communication in accordance with the Hand-held power tools shall be
provisions of §§ 75.1713–1 and 75.1713–2. equipped with controls requiring con-
(c) The preliminary plans required to stant hand or finger pressure to oper-
be submitted by the operator to the ate the tools or shall be equipped with
District Manager shall be in writing friction or other equivalent safety de-
and shall contain the following: vices.
(1) The proposed training plan con- [38 FR 4976, Feb. 23, 1973]
taining the information specified in
§§ 48.3 and 48.23 of this chapter, and § 75.1725 Machinery and equipment;
(2) A proposed plan for training and operation and maintenance.
retraining certified and qualified per- (a) Mobile and stationary machinery
sons containing the information speci- and equipment shall be maintained in
fied in § 75.160–1. safe operating condition and machin-
ery or equipment in unsafe condition

FR 23641, May 28, 1982; 57 FR 20929, May 15, shall be removed from service imme-
1992] diately.
664
(b) Machinery and equipment shall be § 75.1729 Welding operations.

operated only by persons authorized to Welding operations shall be shielded
operate such machinery or equipment. and the area shall be well ventilated.
(c) Repairs or maintenance shall not
be performed on machinery until the [38 FR 4976, Feb. 23, 1973]
power is off and the machinery is
blocked against motion, except where § 75.1730 Compressed air; general;
compressed air systems.
machinery motion is necessary to
make adjustments. (a) All pressure vessels shall be con-
(d) Machinery shall not be lubricated structed, installed, and maintained in
manually while in motion, unless accordance with the standards and
equipped with extended fittings or specifications of Section VIII ‘‘Unfired
cups. Pressure Vessels,’’ of the American So-
ciety of Mechanical Engineers Boiler
[38 FR 4976, Feb. 23, 1973] and Pressure Vessel Code (1971), which
§ 75.1726 Performing work from a is hereby incorporated by reference and
raised position; safeguards. made a part hereof. This document
may be purchased from the American
(a) Men shall not work on or from a Society of Mechanical Engineers, 22
piece of mobile equipment in a raised Law Drive, P.O. Box 2900, Fairfield,
position until it has been blocked in New Jersey 07007, Phone: 800–843–2763
place securely. This does not preclude (toll free); http://www.asme.org; and it is
the use of equipment specifically de- available for examination in every
signed as elevated mobile work plat- MSHA Coal Mine Safety and Health
forms. district office.
(b) No work shall be performed under (b) Compressors and compressed-air
machinery or equipment that has been receivers shall be equipped with auto-
raised until such machinery or equip- matic pressure-relief valves, pressure
ment has been securely blocked in po- gages, and drain valves.
sition. (c) Repairs involving the pressure
[38 FR 4976, Feb. 23, 1973] system of compressors, receivers, or
compressed-air-powered equipment
§ 75.1727 Drive belts. shall not be attempted until the pres-
(a) Drive belts shall not be shifted sure has been relieved from that part of
while in motion unless the machines the system to be repaired.
are provided with mechanical shifters. (d) At no time shall compressed air
(b) Belt dressing shall not be applied be directed toward a person. When
while belts are in motion except where compressed air is used, all necessary
it can be applied without endangering a precautions shall be taken to protect
person. persons from injury.
(e) Safety chains, suitable locking
[38 FR 4976, Feb. 23, 1973] devices, or automatic cut-off valves
shall be used at connections to ma-
§ 75.1728 Power-driven pulleys.
chines of high-pressure hose lines of
(a) Belts, chains, and ropes shall not three-fourths of an inch inside diame-
be guided onto power-driven moving ter or larger, and between high-pres-
pulleys, sprockets, or drums with the sure hose lines of three-fourths of an
hands except on slow-moving equip- inch inside diameter or larger, where a
ment especially designed for hand feed- connection failure would create a haz-
ing. ard. For purposes of this paragraph,
(b) Pulleys of conveyors shall not be high-pressure means pressure of 100
cleaned manually while the conveyor is p.s.i. or more.
in motion.
(c) Coal spilled beneath belt conveyor
FR 16669, Apr. 3, 2006]
drives or tail pieces shall not be re-
moved while the conveyor is in motion, § 75.1731 Maintenance of belt con-
except where such coal can be removed veyors and belt conveyor entries.
without endangering persons. (a) Damaged rollers, or other dam-

[38 FR 4976, Feb. 23, 1973] aged belt conveyor components, which
665
§ 75.1732 30 CFR Ch. I (7–1–20 Edition)
pose a fire hazard must be immediately nents and miner-wearable components.

repaired or replaced. All other dam- The system must:
aged rollers, or other damaged belt (1) Cause a machine, which is
conveyor components, must be repaired tramming from place-to-place or repo-
or replaced. sitioning, to stop before contacting a
(b) Conveyor belts must be properly miner except for a miner who is in the
aligned to prevent the moving belt on-board operator’s compartment;
from rubbing against the structure or (2) Provide an audible and visual
components. warning signal on the miner-wearable
(c) Materials shall not be allowed in component and a visual warning signal
the belt conveyor entry where the ma- on the machine that alert miners be-
terial may contribute to a frictional fore the system causes a machine to
heating hazard. stop. These warning signals must be
(d) Splicing of any approved conveyor distinguishable from other signals;
belt must maintain flame-resistant (3) Provide a visual signal on the ma-
properties of the belt. chine that indicates the machine-
mounted components are functioning
[73 FR 80616, Dec. 31, 2008] properly;
§ 75.1732 Proximity detection systems. (4) Prevent movement of the machine
if any machine-mounted component of
Operators must install proximity de- the system is not functioning properly.
tection systems on certain mobile ma- However, a system with any machine-
chines. mounted component that is not func-
(a) Machines covered. Operators must tioning properly may allow machine
equip continuous mining machines, ex- movement if it provides an audible or
cept full-face continuous mining ma- visual warning signal, distinguishable
chines, with proximity detection sys- from other signals, during movement.
tems by the following dates. For prox- Such movement is permitted only for
imity detection systems with miner- purposes of relocating the machine
wearable components, the mine oper- from an unsafe location for repair;
ator must provide a miner-wearable (5) Be installed to prevent inter-
component to be worn by each miner ference that adversely affects perform-
on the working section by the fol- ance of any electrical system; and
lowing dates. (6) Be installed and maintained in
(1) Continuous mining machines proper operating condition by a person
manufactured after March 16, 2015 must trained in the installation and mainte-
meet the requirements in this section nance of the system.
no later than November 16, 2015. These (c) Proximity detection system checks.
machines must meet the requirements Operators must:
in this section when placed in service (1) Designate a person who must per-
with a proximity detection system. form a check of machine-mounted com-
(2) Continuous mining machines ponents of the proximity detection sys-
manufactured and equipped with a tem to verify that components are in-
proximity detection system on or be- tact, that the system is functioning
fore March 16, 2015 must meet the re- properly, and take action to correct de-
quirements in this section no later fects—
than September 16, 2016. (i) At the beginning of each shift
(3) Continuous mining machines when the machine is to be used; or
manufactured and not equipped with a (ii) Immediately prior to the time
proximity detection system on or be- the machine is to be operated if not in
fore March 16, 2015 must meet the reuse at the beginning of a shift; or
quirements in this section no later (iii) Within 1 hour of a shift change if
than March 16, 2018. These machines the shift change occurs without an
must meet the requirements in this interruption in production.
section when placed in service with a (2) Check for proper operation of
proximity detection system. miner-wearable components at the be-
(b) Requirements for a proximity detec- ginning of each shift that the compo-
tion system. A proximity detection sys- nents are to be used and correct defects
tem includes machine-mounted compo- before the components are used.
666
(d) Certifications and records. The op- E119–88 ‘‘Standard Test Methods for
erator must make and retain certifi- Fire Tests of Building Construction
cations and records as follows: and Materials’’ is incorporated by ref-
(1) At the completion of the check of erence and may be inspected at any
machine-mounted components required MSHA Coal Mine Safety and Health
under paragraph (c)(1) of this section, a District Office; at MSHA’s Office of
certified person under § 75.100 must cer- Standards, Regulations, and Variances,
tify by initials, date, and time that the 201 12th Street South, Arlington, VA
check was conducted. Defects found as 22202–5452; 202–693–9440; or at the Na-
a result of the check, including correc- tional Archives and Records Adminis-
tive actions and dates of corrective ac- tration (NARA). For information on
tions, must be recorded before the end the availability of this material at
of the shift; NARA, call 202–741–6030, or go to: http://
(2) Make a record of the defects found www.archives.gov/federallregister/
as a result of the check of miner-wear- codeloflfederallregulations/
able components required under para- ibrllocations.html. This incorporation
graph (c)(2) of this section, including by reference was approved by the Di-
corrective actions and dates of correc- rector of the Federal Register in ac-
tive actions; cordance with 5 U.S.C. 552(a) and 1 CFR
(3) Make a record of the persons part 51. In addition, copies of the docu-
trained in the installation and mainte- ment may be purchased from the
nance of proximity detection systems American Society for Testing and Ma-
required under paragraph (b)(6) of this terials (ASTM), 100 Barr Harbor Drive,
section; P.O. Box C700, West Conshohocken, PA,
(4) Maintain records in a secure book 19428–2959; 610–832–9500; http://
or electronically in a secure computer www.astm.org.
system not susceptible to alteration; Permanent underground diesel fuel stor-
and age facility. A facility designed and con-
(5) Retain records for at least one structed to remain at one location for
year and make them available for in- the storage or dispensing of diesel fuel,
spection by authorized representatives which does not move as mining pro-
of the Secretary and representatives of gresses.
miners. Safety can. A metal container in-
tended for storage, transport or dis-
[80 FR 2202, Jan. 15, 2015]
pensing of diesel fuel, with a nominal
capacity of 5 gallons, listed or approved
Subpart S [Reserved] by a nationally recognized independent
testing laboratory.
Subpart T—Diesel-Powered Temporary underground diesel fuel stor-
Equipment age area. An area of the mine provided
for the short-term storage of diesel fuel
SOURCE: 61 FR 55527, Oct. 25, 1996, unless in a fuel transportation unit, which
otherwise noted. moves as mining progresses.
§ 75.1900 Definitions. FR 38386, June 4, 2002; 71 FR 16669, Apr. 3,
The following definitions apply in 2006; 80 FR 52992, Sept. 2, 2015]
this subpart.
Diesel fuel tank. A closed metal vessel § 75.1901 Diesel fuel requirements.
specifically designed for the storage or (a) Diesel-powered equipment shall
transport of diesel fuel. be used underground only with a diesel
Diesel fuel transportation unit. A self- fuel having a sulfur content no greater
propelled or portable wheeled vehicle than 0.05 percent and a flash point of
used to transport a diesel fuel tank. 100 °F (38 °C) or greater. Upon request,
Noncombustible material. A material the mine operator shall provide to an
that will continue to serve its intended authorized representative of the Sec-
function for 1 hour when subjected to a retary evidence that the diesel fuel
fire test incorporating an ASTM E119– purchased for use in diesel-powered
88 time/temperature heat input, or equipment underground meets these re-

equivalent. The publication ASTM quirements.
667
§ 75.1902 30 CFR Ch. I (7–1–20 Edition)
(b) Flammable liquids shall not be (e) Permanent underground diesel

added to diesel fuel used in diesel-pow- fuel storage facilities must not be lo-
ered equipment underground. cated within the primary escapeway.
(c) Only diesel fuel additives that
have been registered by the Environ- § 75.1903 Underground diesel fuel stor-
mental Protection Agency may be used age facilities and areas; construc-
tion and safety precautions.
in diesel-powered equipment under-
ground. (a) Permanent underground diesel
fuel storage facilities must be—
§ 75.1902 Underground diesel fuel stor- (1) Constructed of noncombustible
age—general requirements. materials, including floors, roofs, roof
(a) All diesel fuel must be stored in: supports, doors, and door frames. Ex-
(1) Diesel fuel tanks in permanent posed coal within fuel storage areas
underground diesel fuel storage facili- must be covered with noncombustible
ties; materials. If bulkheads are used they
(2) Diesel fuel tanks on diesel fuel must be tightly sealed and must be
transportation units in permanent un- built of or covered with noncombus-
derground diesel fuel storage facilities tible materials;
or in temporary underground fuel stor- (2) Provided with either self-closing
age areas; or doors or a means for automatic enclo-
(3) Safety cans. sure;
(b) The total capacity of stationary (3) Provided with a means for per-
diesel fuel tanks in permanent under- sonnel to enter and exit the facility
ground diesel fuel storage facilities after closure;
must not exceed 1000 gallons. (4) Ventilated with intake air that is
(c)(1) Only one temporary under- coursed into a return air course or to
ground diesel fuel storage area is per- the surface and that is not used to ven-
mitted for each working section or in tilate working places, using ventila-
each area of the mine where equipment tion controls meeting the requirements
is being installed or removed. of § 75.333(e);
(2) The temporary underground diesel (5) Equipped with an automatic fire
suppression system that meets the re-
fuel storage area must be located—
quirements of § 75.1912. Actuation of
(i) Within 500 feet of the loading
the automatic fire suppression system
point;
shall initiate the means for automatic
(ii) Within 500 feet of the projected enclosure;
loading point where equipment is being (6) Provided with a means of contain-
installed; or ment capable of holding 150 percent of
(iii) Within 500 feet of the last load- the maximum capacity of the fuel stor-
ing point where equipment is being re- age system; and
moved. (7) Provided with a competent con-
(3) No more than one diesel fuel crete floor or equivalent to prevent
transportation unit at a time shall be fuel spills from saturating the mine
parked in the temporary underground floor.
diesel fuel storage area. (b) Permanent underground diesel
(d) Permanent underground diesel fuel storage facilities and temporary
fuel storage facilities and temporary underground diesel fuel storage areas
underground diesel fuel storage areas must be—
must be— (1) Equipped with at least 240 pounds
(1) At least 100 feet from shafts, of rock dust and provided with two
slopes, shops, or explosives magazines; portable multipurpose dry chemical
(2) At least 25 feet from trolley wires type (ABC) fire extinguishers that are
or power cables, or electric equipment listed or approved by a nationally rec-
not necessary for the operation of the ognized independent testing laboratory
storage facilities or areas; and and have a 10A:60B:C or higher rating.
(3) In a location that is protected Both fire extinguishers must be easily
from damage by other mobile equip- accessible to personnel, and at least

ment. one fire extinguisher must be located
668
outside of the storage facility or area structed of noncombustible material so

upwind of the facility, in intake air; or that the tanks are at least 12 inches
(2) Provided with three portable mul- above the floor.
tipurpose dry chemical type (ABC) fire (b) Underground diesel fuel tanks
extinguishers that are listed or ap- must be provided with—
proved by a nationally recognized inde- (1) Devices for emergency venting de-
pendent testing laboratory and have a signed to open at a pressure not to ex-
10A:60B:C or higher rating. All fire exceed 2.5 psi according to the fol-
tinguishers must be easily accessible to lowing—
personnel, and at least one fire extin- (i) Tanks with a capacity greater
guisher must be located outside of the than 500 gallons must have an emer-
storage facility or area upwind of the gency venting device whose area is
facility, in intake air. equivalent to a pipe with a nominal in-
(3) Identified with conspicuous mark- side diameter of 5 inches or greater;
ings designating diesel fuel storage; and
and (ii) Tanks with a capacity of 500 gal-
(4) Maintained to prevent the accu- lons or less must have an emergency
mulation of water. venting device whose area is equivalent
(c) Welding or cutting other than to a pipe with a nominal inside diame-
that performed in accordance with ter of 4 inches or greater.
paragraph (d) of this section shall not (2) Tethered or self-closing caps for
be performed within 50 feet of a perma- stationary tanks in permanent under-
nent underground diesel fuel storage ground diesel fuel storage facilities and
facility or a temporary underground self-closing caps for diesel fuel tanks
diesel fuel storage area. on diesel fuel transportation units;
(d) When it is necessary to weld, cut, (3) Vents to permit the free discharge
or solder pipelines, tanks, or other con- of liquid, at least as large as the fill or
tainers that may have contained diesel withdrawal connection, whichever is
fuel, these practices shall be followed: larger, but not less than 11⁄4 inch nomi-
(1) Cutting or welding shall not be nal inside diameter;
performed on or within pipelines, (4) Liquid tight connections for all
tanks, or other containers that have tank openings that are—
contained diesel fuel until they have (i) Identified by conspicuous mark-
been thoroughly purged and cleaned or ings that specify the function; and
inerted and a vent or opening is pro- (ii) Closed when not in use.
vided to allow for sufficient release of (5) Vent pipes that drain toward the
any buildup pressure before heat is ap- tank without sagging and are higher
plied. than the fill pipe opening;
(2) Diesel fuel shall not be allowed to (6) Shutoff valves located as close as
enter pipelines, tanks, or containers practicable to the tank shell on each
that have been welded, soldered, connection through which liquid can
brazed, or cut until the metal has normally flow; and
cooled to ambient temperature. (7) An automatic closing, heat-actu-
ated valve on each withdrawal connec-
§ 75.1904 Underground diesel fuel tion below the liquid level.
tanks and safety cans. (c) When tanks are provided with
(a) Diesel fuel tanks used under- openings for manual gauging, liquid
ground shall— tight, tethered or self-closing caps or
(1) Have steel walls of a minimum 3⁄16- covers must be provided and must be
inch thickness, or walls made of other kept closed when not open for gauging.
metal of a thickness that provides (d) Surfaces of the tank and its asso-
equivalent strength; ciated components must be protected
(2) Be protected from corrosion; against damage by collision.
(3) Be of seamless construction or (e) Before being placed in service,
have liquid tight welded seams; tanks and their associated components
(4) Not leak; and must be tested for leakage at a pres-
(5) For stationary tanks in perma- sure equal to the working pressure, ex-
nent underground diesel fuel storage cept tanks and components connected
facilities, be placed on supports con- directly to piping systems, which must
669
§ 75.1905 30 CFR Ch. I (7–1–20 Edition)
be properly designed for the applica- (2) Capable of withstanding four

tion. times the static pressures;
(f) Safety cans must be: (3) Compatible with diesel fuel; and
(1) Limited to a nominal capacity of (4) Maintained in a manner that pre-
5 gallons or less; vents leakage.
(2) Equipped with a flexible or rigid (c) Pipelines must have manual shut-
tubular nozzle attached to a valved off valves installed at the surface fill-
spout;
ing point, and at the underground dis-
(3) Provided with a vent valve de-
charge point.
signed to open and close simulta-
neously and automatically with the (d) If diesel fuel lines are not buried
opening and closing of the pouring in the ground sufficiently to protect
valve; and them from damage, shutoff valves must
(4) Designed so that they will safely be located every 300 feet.
relieve internal pressure when exposed (e) Shutoff valves must be installed
to fire. at each branch line where the branch
line joins the main line.
§ 75.1905 Dispensing of diesel fuel. (f) An automatic means must be pro-
(a) Diesel-powered equipment in un- vided to prevent unintentional transfer
derground coal mines may be refueled of diesel fuel from the surface into the
only from safety cans, from tanks on permanent underground diesel fuel
diesel fuel transportation units, or storage facility.
from stationary tanks. (g) Diesel fuel piping systems from
(b) Fuel that is dispensed from other the surface shall only be used to trans-
than safety cans must be dispensed by port diesel fuel directly to stationary
means of— tanks or diesel fuel transportation
(1) Gravity feed with a hose equipped units in a permanent underground die-
with a nozzle with a self-closing valve
sel fuel storage facility.
and no latch-open device;
(h) The diesel fuel piping system
(2) A manual pump with a hose
equipped with a nozzle containing a must not be located in a borehole with
self-closing valve; or electric power cables.
(3) A powered pump with: (i) Diesel fuel piping systems located
(i) An accessible emergency shutoff in entries must not be located on the
switch for each nozzle; same side of the entry as electric ca-
(ii) A hose equipped with a self-clos- bles or power lines. Where it is nec-
ing valve and no latch-open device; and essary for piping systems to cross elec-
(iii) An anti-siphoning device. tric cables or power lines, guarding
(c) Diesel fuel must not be dispensed must be provided to prevent severed
using compressed gas. electrical cables or power lines near
(d) Diesel fuel must not be dispensed broken fuel lines.
to the fuel tank of diesel-powered (j) Diesel fuel piping systems must be
equipment while the equipment engine protected and located to prevent phys-
is running. ical damage.
(e) Powered pumps shall be shut off
when fuel is not being dispensed. § 75.1906 Transport of diesel fuel.
§ 75.1905–1 Diesel fuel piping systems. (a) Diesel fuel shall be transported
only by diesel fuel transportation units
(a) Diesel fuel piping systems from
the surface must be designed and oper- or in safety cans.
ated as dry systems, unless an auto- (b) No more than one safety can shall
matic shutdown is incorporated that be transported on a vehicle at any
prevents accidental loss or spillage of time. The can must be protected from
fuel and that activates an alarm sys- damage during transport. All other
tem. safety cans must be stored in perma-
(b) All piping, valves and fittings nent underground diesel fuel storage
must be— facilities.
(1) Capable of withstanding working (c) Safety cans that leak must be
pressures and stresses; promptly removed from the mine.
670
(d) Diesel fuel transportation unit (b) Diesel-powered equipment ap-

tanks and safety cans must be con- proved under part 36 of this chapter
spicuously marked as containing diesel must be provided with additional safe-
fuel. ty features in accordance with the fol-
(e) Diesel fuel transportation units lowing time schedule:
must transport no more than 500 gal- (1) As of April 25, 1997 the equipment
lons of diesel fuel at a time. must have a safety component system
(f) Tanks on diesel fuel transpor- that limits surface temperatures to
tation units must be permanently fixed those specified in subpart F of part 7 of
to the unit and have a total capacity of this title;
no greater than 500 gallons of diesel (2) As of November 25, 1999 the equip-
fuel. ment must have an automatic or man-
(g) Non-self-propelled diesel fuel ual fire suppression system that meets
transportation units with electrical the requirements of § 75.1911 of this
components for dispensing fuel that are part, and at least one portable multi-
connected to a source of electrical purpose dry chemical type (ABC) fire
power must be protected by a fire sup- extinguisher, listed or approved by a
pression device that meets the require- nationally recognized independent
ments of §§ 75.1107–3 through 75.1107–6, testing laboratory and having a
and §§ 75.1107–8 through 75.1107–16. 10A:60B:C or higher rating. The fire ex-
(h) Diesel fuel transportation units tinguisher must be located within easy
and vehicles transporting safety cans reach of the equipment operator and be
containing diesel fuel must have at protected from damage by collision.
least two multipurpose, dry chemical (3) As of November 25, 1999 the equip-
type (ABC) fire extinguishers, listed or ment must have a brake system that
approved by a nationally recognized meets the requirements of § 75.1909
independent testing laboratory and (b)(6), (b)(7), (b)(8), (c), (d), and (e);
having a 10A:60B:C or higher rating, (4) As of November 25, 1997 a particu-
with one fire extinguisher provided on late index and dilution air quantity
each side of the vehicle. shall be determined for the equipment
(i) Diesel fuel transportation units in accordance with subpart E of part 7
shall be parked only in permanent un- of this chapter; and
derground diesel fuel storage facilities (5) Permissible diesel-powered equip-
or temporary underground diesel fuel ment manufactured on or after Novem-
storage areas when not in use. ber 25, 1999 and that is used in an un-
derground coal mine shall incorporate
(j) When the distance between a die-
a power package approved in accord-
sel fuel transportation unit and an en-
ance with part 7, subpart F of this
ergized trolley wire at any location is
chapter.
less than 12 inches, the requirements of
(c) As of November 25, 1999 non-
§ 75.1003–2 must be followed.
permissible diesel-powered equipment,
(k) Diesel fuel shall not be trans-
except the special category of equip-
ported on or with mantrips or on con-
ment under § 75.1908(d), shall meet the
veyor belts.
requirements of §§ 75.1909 and 75.1910 of
(l) Diesel fuel shall be stored and this part.
handled in accordance with the re-
quirements of §§ 75.1902 through 75.1906 § 75.1908 Nonpermissible diesel-pow-
of this part as of November 25, 1997. ered equipment; categories.
[61 FR 55527, Oct. 25, 1996, as amended at 63 (a) Heavy-duty diesel-powered equip-
FR 12647, Mar. 16, 1998] ment includes—
(1) Equipment that cuts or moves
§ 75.1907 Diesel-powered equipment rock or coal;
intended for use in underground (2) Equipment that performs drilling
coal mines. or bolting functions;
(a) As of November 25, 1996 all diesel- (3) Equipment that moves longwall
powered equipment used where permis- components;
sible electrical equipment is required (4) Self-propelled diesel fuel transpor-
must be approved under part 36 of this tation units and self-propelled lube
chapter. units; or
671
§ 75.1909 30 CFR Ch. I (7–1–20 Edition)
(5) Machines used to transport port- (iii) A vent opening that maintains
able diesel fuel transportation units or atmospheric pressure in the fuel tank,
portable lube units. and that is designed to prevent fuel
(b) Light-duty diesel-powered equip- from splashing out of the vent opening;
ment is any diesel-powered equipment (iv) A self-closing filler cap on the
that does not meet the criteria of para- fuel tank;
graph (a). (v) The fuel tank, filler and vent
(c) For the purposes of this subpart, must be located so that leaks or spill-
the following equipment is considered age during refueling will not contact
attended: hot surfaces;
(1) Any machine or device operated (vi) Fuel line piping must be either
by a miner; or steel-wire reinforced; synthetic elas-
(2) Any machine or device that is tomer-covered hose suitable for use
mounted in the direct line of sight of a with diesel fuel that has been tested
job site located within 500 feet of such and has been determined to be fire-re-
machine or device, which job site is oc- sistant by the manufacturer; or metal;
cupied by a miner. (vii) Fuel line piping must be
(d) Diesel-powered ambulances and clamped;
fire fighting equipment are a special (viii) Primary fuel lines must be lo-
category of equipment that may be cated so that fuel line leaks do not con-
used underground only in accordance tact hot surfaces;
with the mine fire fighting and evacu- (ix) The fuel lines must be separated
ation plan under § 75.1502. from electrical wiring and protected
[61 FR 55527, Oct. 25, 1996; 70 FR 36347, June from damage in ordinary use;
23, 2005] (x) A manual shutoff valve must be
installed in the fuel system as close as
§ 75.1909 Nonpermissible diesel-pow- practicable to the tank; and
ered equipment; design and per- (xi) A water separator and fuel fil-
formance requirements. ter(s) must be provided.
(a) Nonpermissible diesel-powered (4) A sensor to monitor the tempera-
equipment, except for the special cat- ture and provide a visual warning of an
egory of equipment under § 75.1908(d), overheated cylinder head on air-cooled
must be equipped with the following engines;
features: (5) Guarding to protect fuel, hydrau-
(1) An engine approved under subpart lic, and electric lines when such lines
E of part 7 of this title equipped with pass near rotating parts or in the event
an air filter sized in accordance with of shaft failure;
the engine manufacturer’s rec- (6) Hydraulic tanks, fillers, vents,
ommendations, and an air filter service and lines located to prevent spillage or
indicator set in accordance with the leaks from contacting hot surfaces;
engine manufacturer’s recommenda- (7) Reflectors or warning lights
tions; mounted on the equipment which can
(2) At least one portable multipur- be readily seen in all directions;
pose dry chemical type (ABC) fire ex- (8) A means to direct exhaust gas
tinguisher listed or approved by a na- away from the equipment operator,
tionally recognized independent test- persons on board the machine, and
ing laboratory with a 10A:60B:C or combustible machine components;
higher rating. The fire extinguisher (9) A means to prevent unintentional
must be located within easy reach of free and uncontrolled descent of per-
the equipment operator and protected sonnel-elevating work platforms; and
from damage; (10) A means to prevent the spray
(3) A fuel system specifically de- from ruptured hydraulic or lubricating
signed for diesel fuel meeting the fol- oil lines from being ignited by contact
lowing requirements: with engine exhaust system component
(i) A fuel tank and fuel lines that do surfaces.
not leak; (b) Self-propelled nonpermissible die-
(ii) A fuel tank that is substantially sel-powered equipment must have the
constructed and protected against following features in addition to those

damage by collision; in paragraph (a):
672
(1) A means to ensure that no stored (5) Has a means in the equipment op-
hydraulic energy that will cause ma- erator’s compartment to apply the
chine articulation is available after the brakes manually without shutting
engine is shut down; down the engine, and a means to re-
(2) A neutral start feature which en- lease and reengage the brakes without
sures that engine cranking torque will the engine operating; and
not be transmitted through the (6) Has a means to ensure that the
powertrain and cause machine move- supplemental braking system is re-
ment on vehicles utilizing fluid power leased before the equipment can be
transmissions; trammed, and is designed to ensure the
(3) For machines with steering brake is fully released at all times
wheels, brake pedals, and accelerator while the equipment is trammed.
pedals, controls which are of auto- (d) Self-propelled nonpermissible
mobile orientation; light-duty diesel-powered equipment
(4) An audible warning device conven- under § 75.1908(b), except rail-mounted
iently located near the equipment op- equipment, must be provided with a
erator; parking brake that holds the fully
(5) Lights provided and maintained loaded equipment stationary on the
on both ends of the equipment. Equip- maximum grade on which it is operated
ment normally operated in both direc- despite any contraction of the brake
tions must be equipped with headlights parts, exhaustion of any nonmechan-
for both directions;
ical source of energy, or leakage.
(6) Service brakes that act on each
(e) The supplemental and park brake
wheel of the vehicle and that are de-
systems required by paragraphs (c) and
signed such that failure of any single
(d) must be applied when the equip-
component, except the brake actuation
ment operator is not at the controls of
pedal or other similar actuation de-
vice, must not result in a complete loss the equipment, except during move-
of service braking capability; ment of disabled equipment.
(7) Service brakes that safely bring (f) Self-propelled personnel-elevating
the fully loaded vehicle to a complete work platforms must be provided with
stop on the maximum grade on which a means to ensure that the parking
it is operated; and braking system is released before the
(8) No device that traps a column of equipment can be trammed, and must
fluid to hold the brake in the applied be designed to ensure the brake is fully
position shall be installed in any brake released at all times while the equip-
system, unless the trapped column of ment is trammed.
fluid is released when the equipment (g) Any nonpermissible equipment
operator is no longer in contact with that discharges its exhaust directly
the brake activation device. into a return air course must be pro-
(c) Self-propelled nonpermissible vided with a power package approved
heavy-duty diesel-powered equipment under subpart F of part 7 of this title.
under § 75.1908(a), except rail-mounted (h) Self-propelled nonpermissible
equipment, shall be provided with a heavy-duty diesel-powered equipment
supplemental braking system that: meeting the requirements of § 75.1908(a)
(1) Engages automatically within 5 must be provided with an automatic
seconds of the shutdown of the engine; fire suppression system meeting the re-
(2) Safely brings the equipment when quirements of § 75.1911.
fully loaded to a complete stop on the (i) Self-propelled nonpermissible
maximum grade on which it is oper- light-duty diesel-powered equipment
ated; meeting the requirements of § 75.1908(b)
(3) Holds the equipment stationary, must be provided with an automatic or
despite any contraction of brake parts, manual fire suppression system meet-
exhaustion of any nonmechanical ing the requirements of § 75.1911.
source of energy, or leakage; (j) Nonpermissible equipment that is
(4) Releases only by a manual control not self-propelled must have the fol-
that does not operate any other equip- lowing features in addition to those
ment function; listed in paragraph (a):
673
§ 75.1910 30 CFR Ch. I (7–1–20 Edition)
(1) A means to prevent inadvertent multaneously and perform virtually

movement of the equipment when the same duty;
parked; (f) Each ungrounded conductor must
(2) Safety chains or other suitable have insulation compatible with the
secondary connections on equipment impressed voltage. Insulation mate-
that is being towed; and rials must be resistant to deterioration
(3) An automatic fire suppression sys- from engine heat and oil. Electric con-
tem meeting the requirements of ductors must meet the applicable re-
§ 75.1911. quirements of §§ 75.513 and 75.513–1, ex-
[61 FR 55527, Oct. 25, 1996; 62 FR 34641, June
cept electric conductors for starting
27, 1997] motors, which must only meet the re-
quirements of § 75.513;
§ 75.1910 Nonpermissible diesel-pow- (g) All wiring must have adequate
ered equipment; electrical system mechanical protection to prevent dam-
design and performance require- age to the cable that might result in
ments. short circuits;
Electrical circuits and components (h) Sharp edges and corners must be
associated with or connected to elec- removed at all points where there is a
trical systems on nonpermissible die- possibility of damaging wires, cables,
sel-powered equipment utilizing stor- or conduits by cutting or abrasion. The
age batteries and integral charging insulation of the cables within a bat-
systems, except for the special cat- tery box must be protected against ab-
egory of equipment under § 75.1908(d), rasion;
must conform to the following require- (i) When insulated wires other than
ments: cables pass through metal frames, the
(a) Overload and short circuit protec- holes must be substantially bushed
tion must be provided for electric cir- with insulated bushings. Cables must
cuits and components in accordance enter metal frames of motors, splice
with §§ 75.518 and 75.518–1 of this part; boxes, and electric components only
(b) Each electric conductor from the through proper fittings. All electrical
battery to the starting motor must be connections and splices must be me-
protected against short circuit by fuses chanically and electrically efficient,
or other circuit-interrupting devices and suitable connectors shall be used.
placed as near as practicable to the All electrical connectors or splices in
battery terminals; insulated wire must be reinsulated at
(c) Each branch circuit conductor least to the same degree of protection
connected to the main circuit between as the remainder of the wire;
the battery and charging generator (j) The battery must be secured to
must be protected against short circuit prevent movement, and must be pro-
by fuses or other automatic circuit-in- tected from external damage by posi-
terrupting devices; tion. Batteries that are not protected
(d) The electrical system shall be from external damage by position must
equipped with a circuit-interrupting be enclosed in a battery box. Flame-re-
device by means of which all power sistant insulation treated to resist
conductors can be deenergized. The de- chemical reaction to electrolyte must
vice must be located as close as prac- be provided on battery connections to
ticable to the battery terminals and be prevent battery terminals from con-
designed to operate within its elec- tacting conducting surfaces;
trical rating without damage. The de- (k) A battery box, including the
vice shall not automatically reset after cover, must be constructed of steel
being actuated. All magnetic circuit- with a minimum thickness of 1⁄8 inch,
interrupting devices must be mounted or of a material other than steel that
in a manner to preclude their closing provides equivalent strength;
by force of gravity; (l) Battery-box covers must be lined
(e) Each motor and charging gener- with a flame-resistant insulating mate-
ator must be protected by an auto- rial permanently attached to the un-
matic overcurrent device. One protec- derside of the cover, unless equivalent
tive device will be acceptable when two protection is provided. Battery-box

motors of the same rating operate si- covers must be provided with a means
674
for securing them in closed position. At and battery areas on diesel-powered

least 1⁄2 inch of air space must be pro- equipment and electric panels or con-
vided between the underside of the trols used on fuel transportation units
cover and the top of the battery, in- and other areas as necessary.
cluding terminals; (c) If automatic, the fire suppression
(m) Battery boxes must be provided system shall include audible and visual
with ventilation openings to prevent alarms to warn of fires or system
the accumulation of flammable or faults.
toxic gases or vapors within the bat- (d) The fire suppression system shall
tery box. The size and locations of provide for automatic engine shut-
openings for ventilation must prevent down. If the fire suppression system is
direct access to battery terminals; automatic, engine shutdown and dis-
(n) The battery must be insulated charge of suppressant agent may be de-
from the battery-box walls and sup- layed for a maximum of 15 seconds
ported on insulating materials. Insu- after the fire is detected by the system.
lating materials that may be subject to (e) The fire suppression system shall
chemical reaction with electrolyte be operable by at least two manual ac-
must be treated to resist such action; tuators. One actuator shall be located
and on each side of the equipment. If the
(o) Drainage holes must be provided equipment is provided with an opera-
in the bottom of each battery box. tor’s compartment, one of the manual
actuators shall be located in the com-
§ 75.1911 Fire suppression systems for partment within reach of the operator.
diesel-powered equipment and fuel (f) The fire suppression system shall
transportation units. remain operative in the event of engine
(a) The fire suppression system re- shutdown, equipment electrical system
quired by §§ 75.1907 and 75.1909 shall be a failure, or failure of any other equip-
multipurpose dry chemical type (ABC) ment system.
fire suppression system listed or ap- (g) The electrical components of each
proved by a nationally recognized inde- fire suppression system installed on
pendent testing laboratory and appro- equipment used where permissible elec-
priate for installation on diesel-pow- tric equipment is required shall be per-
ered equipment and fuel transportation missible or intrinsically safe and such
units. components shall be maintained in per-
(1) The system shall be installed in missible or intrinsically safe condition.
accordance with the manufacturer’s (h) Electrically operated detection
specifications and the limitations of and actuation circuits shall be mon-
the listing or approval. itored and provided with status indica-
(2) The system shall be installed in a tors showing power and circuit con-
protected location or guarded to mini- tinuity. If the system is not elec-
mize physical damage from routine ve- trically operated, a means shall be pro-
hicle operations. vided to indicate the functional readi-
(3) Suppressant agent distribution ness status of the detection system.
tubing or piping shall be secured and (i) Each fire suppression system shall
protected against damage, including be tested and maintained in accordance
pinching, crimping, stretching, abra- with the manufacturer’s recommended
sion, and corrosion. inspection and maintenance program
(4) Discharge nozzles shall be posi- and as required by the nationally rec-
tioned and aimed for maximum fire ognized independent testing laboratory
suppression effectiveness. Nozzles shall listing or approval, and be visually in-
also be protected against the entrance spected at least once each week by a
of foreign materials such as mud, coal person trained to make such inspec-
dust, or rock dust. tions.
(b) The fire suppression system shall (j) Recordkeeping. Persons performing
provide fire suppression and, if auto- inspections and tests of fire suppres-
matic, fire detection for the engine in- sion systems under paragraph (i) shall
cluding the starter, transmission, hy- record when a fire suppression system
draulic pumps and tanks, fuel tanks, does not meet the installation or main-
exposed brake units, air compressors tenance requirements of this section.
675
§ 75.1912 30 CFR Ch. I (7–1–20 Edition)
(1) The record shall include the pinching, crimping, stretching, abra-
equipment on which the fire suppression, and corrosion.
sion system did not meet the installa- (5) Discharge nozzles shall be posi-
tion or maintenance requirements of tioned and aimed for maximum fire
this section, the defect found, and the suppression effectiveness in the pro-
corrective action taken. tected areas. Nozzles must also be pro-
(2) Records are to be kept manually tected against the entrance of foreign
in a secure manner not susceptible to materials such as mud, coal dust, and
alteration or recorded electronically in rock dust.
a secured computer system that is not (b) The fire suppression system shall
susceptible to alteration. provide automatic fire detection and
(3) Records shall be maintained at a automatic fire suppression for all areas
surface location at the mine for one within the facility.
year and made available for inspection (c) Audible and visual alarms to warn
by an authorized representative of the of fire or system faults shall be pro-
Secretary and miners’ representatives. vided at the protected area and at a
(k) All miners normally assigned to surface location which is continually
the active workings of the mine shall monitored by a person when personnel
be instructed about the hazards inher- are underground. In the event of a fire,
ent to the operation of the fire suppres- personnel shall be warned in accord-
sion systems and, where appropriate, ance with the provisions set forth in
the safeguards available for each sys- § 75.1502.
tem. (d) The fire suppression system shall
(l) For purposes of § 75.380(f), a fire deenergize all power to the diesel fuel
suppression system installed on diesel- storage facility when actuated except
powered equipment and meeting the re- that required for automatic enclosure
quirements of this section is equivalent and alarms.
to a fire suppression system meeting (e) Fire suppression systems shall in-
the requirements of §§ 75.1107–3 through
clude two manual actuators located as
75.1107–16.
follows:
§ 75.1912 Fire suppression systems for (1) At least one within the fuel stor-
permanent underground diesel fuel age facility; and
storage facilities. (2) At least one a safe distance away
(a) The fire suppression system re- from the storage facility and located in
quired by § 75.1903 shall be an auto- intake air, upwind of the storage facil-
matic multipurpose dry chemical type ity.
(ABC) fire suppression system listed or (f) The fire suppression system shall
approved as an engineered dry chem- remain operational in the event of
ical extinguishing system by a nation- electrical system failure.
ally recognized independent testing (g) Electrically operated detection
laboratory and appropriate for installa- and actuation circuits shall be mon-
tion at a permanent underground diesel itored and provided with status indica-
fuel storage facility. tors showing power and circuit con-
(1) Alternate types of fire suppression tinuity. If the system is not elec-
systems shall be approved in accord- trically operated, a means shall be pro-
ance with § 75.1107–13 of this part. vided to indicate the functional readi-
(2) The system shall be installed in ness status of the detection system.
accordance with the manufacturer’s (h) Each fire suppression system
specifications and the limitations of shall be tested and maintained in ac-
the listing or approval. cordance with the manufacturer’s rec-
(3) The system shall be installed in a ommended inspection and maintenance
protected location or guarded to pre- program and as required by the nation-
vent physical damage from routine op- ally recognized independent testing
erations. laboratory listing or approval, and be
(4) Suppressant agent distribution visually inspected at least once each
tubing or piping shall be secured and week by a person trained to make such
protected against damage, including inspections.
676
(i) Recordkeeping. Persons performing (d) Compressed oxygen or compressed

inspections and tests of fire suppres- flammable gases shall not be connected
sion systems under paragraph (h) shall to diesel air-start systems.
record when a fire suppression system
does not meet the installation or main- § 75.1914 Maintenance of diesel-pow-
tenance requirements of this section. ered equipment.
(1) The record shall include the facil- (a) Diesel-powered equipment shall
ity whose fire suppression system did be maintained in approved and safe
not meet the installation or mainte- condition or removed from service.
nance requirements of this section, the (b) Maintenance and repairs of ap-
defect found, and the corrective action proved features and those features re-
taken. quired by §§ 75.1909 and 75.1910 on diesel-
(2) Records are to be kept manually powered equipment shall be made only
in a secure manner not susceptible to by a person qualified under § 75.1915.
alteration or recorded electronically in (c) The water scrubber system on die-
a secured computer system that is not sel-powered equipment shall be drained
susceptible to alteration. and flushed, by a person who is trained
(3) Records shall be maintained at a to perform this task, at least once on
surface location at the mine for one each shift in which the equipment is
year and made available for inspection operated.
by an authorized representative of the (d) The intake air filter on diesel-
Secretary and miners’ representatives. powered equipment shall be replaced or
(j) All miners normally assigned to serviced, by a person who is trained to
the active workings of the mine shall perform this task, when the intake air
be instructed about the hazards inher- pressure drop device so indicates or
ent to the operation of the fire suppres- when the engine manufacturer’s max-
sion systems and, where appropriate, imum allowable air pressure drop level
the safeguards available for each sys- is exceeded.
tem. (e) Mobile diesel-powered equipment
that is to be used during a shift shall
[61 FR 55527, Oct. 25, 1996; 70 FR 36347, June be visually examined by the equipment
23, 2005]
operator before being placed in oper-
§ 75.1913 Starting aids. ation. Equipment defects affecting
safety shall be reported promptly to
(a) Volatile fuel starting aids shall be the mine operator.
used in accordance with recommenda- (f) All diesel-powered equipment
tions provided by the starting aid man- shall be examined and tested weekly by
ufacturer, the engine manufacturer, a person qualified under § 75.1915.
and the machine manufacturer. (1) Examinations and tests shall be
(b) Containers of volatile fuel start- conducted in accordance with approved
ing aids shall be conspicuously marked checklists and manufacturers’ mainte-
to indicate the contents. When not in nance manuals.
use, containers of volatile fuel starting (2) Persons performing weekly exami-
aids shall be stored in metal enclosures nations and tests of diesel-powered
that are used only for storage of start- equipment under this paragraph shall
ing aids. Such metal enclosures must make a record when the equipment is
be conspicuously marked, secured, and not in approved or safe condition. The
protected from damage. record shall include the equipment
(c) Volatile fuel starting aids shall that is not in approved or safe condi-
not be: tion, the defect found, and the correc-
(1) Taken into or used in areas where tive action taken.
permissible equipment is required; (g) Undiluted exhaust emissions of
(2) Used in the presence of open diesel engines in diesel-powered equip-
flames or burning flame safety lamps, ment approved under part 36 and
or when welding or cutting is taking heavy-duty nonpermissible diesel-pow-
place; or ered equipment as defined in § 75.1908(a)
(3) Used in any area where 1.0 percent in use in underground coal mines shall
or greater concentration of methane is be tested and evaluated weekly by a

present. person who is trained to perform this
677
§ 75.1915 30 CFR Ch. I (7–1–20 Edition)
task. The mine operator shall develop signed tasks with respect to diesel-
and implement written standard oper- powered equipment maintenance, re-
ating procedures for such testing and pairs, examinations and tests;
evaluation that specify the following: (3) Address, at a minimum, the fol-
(1) The method of achieving a repeat- lowing:
able loaded engine operating condition (i) The requirements of subpart T of
for each type of equipment; this part;
(2) Sampling and analytical methods (ii) Use of appropriate power package
(including calibration of instrumenta- or machine checklists to conduct tests
tion) that are capable of accurately de- to ensure that diesel-powered equip-
tecting carbon monoxide in the ex- ment is in approved and safe condition,
pected concentrations; with acceptable emission levels;
(3) The method of evaluation and in-
(iii) Proper maintenance of approved
terpretation of the results;
features and the correct use of the ap-
(4) The concentration or changes in
propriate maintenance manuals, in-
concentration of carbon monoxide that
cluding machine adjustments, service,
will indicate a change in engine per-
formance. Carbon monoxide concentra- and assembly;
tion shall not exceed 2500 parts per mil- (iv) Diesel-powered equipment fire
lion; and suppression system tests and mainte-
(5) The maintenance of records nec- nance;
essary to track engine performance. (v) Fire and ignition sources and
(h) Recordkeeping. Records required their control or elimination, including
by paragraphs (f)(2) and (g)(5) shall be— cleaning of the equipment;
(1) Recorded in a secure book that is (vi) Safe fueling procedures and
not susceptible to alteration, or re- maintenance of the fuel system of the
corded electronically in a computer equipment; and
system that is secure and not suscep- (vii) Intake air system maintenance
tible to alteration; and and tests.
(2) Retained at a surface location at (4) Include an examination that re-
the mine for at least 1 year and made quires demonstration of the ability to
available for inspection by an author- perform all assigned tasks with respect
ized representative of the Secretary to diesel-powered equipment mainte-
and by miners’ representatives. nance, repairs, examinations and tests;
(i) Diesel-powered equipment must be and
maintained in accordance with this (5) Be in writing. The written pro-
part as of November 25, 1997. gram shall include a description of the
§ 75.1915 Training and qualification of course content, materials, and teach-
persons working on diesel-powered ing methods for initial training and re-
equipment. training.
(a) To be qualified to perform main- (c) Recordkeeping. The operator shall
tenance, repairs, examinations and maintain a copy of the training and
tests on diesel-powered equipment, as qualification program required by this
required by § 75.1914, a person must suc- section and a record of the names of all
cessfully complete a training and qual- persons qualified under the program.
ification program that meets the re- (1) The record of the names of quali-
quirements of this section. A person fied persons shall be made in a manner
qualified to perform these tasks shall that is not susceptible to alteration, or
be retrained as necessary to maintain recorded electronically in a computer
the ability to perform all assigned die- system that is secure and not suscep-
sel-powered equipment maintenance, tible to alteration.
repairs, examinations and tests. (2) The training and qualification
(b) A training and qualification pro- program and record of qualified persons
gram under this section must: are to be kept at surface location of
(1) Be presented by a competent in- the mine and made available for in-
structor; spection by an authorized representa-
(2) Be sufficient to prepare or update tive of the Secretary and by miners’

a person’s ability to perform all as- representatives.
678
§ 75.1916 Operation of diesel-powered 77.203 Use of material or equipment over-

equipment. head; safeguards.
77.204 Openings in surface installations;
(a) Diesel-powered equipment shall safeguards.
be operated at a speed that is con- 77.205 Travelways at surface installations.
sistent with the type of equipment 77.206 Ladders; construction; installation
being operated, roadway conditions, and maintenance.
grades, clearances, visibility, and other 77.207 Illumination.
77.208 Storage of materials.
traffic.
77.209 Surge and storage piles.
(b) Operators of mobile diesel-pow- 77.210 Hoisting of materials.
ered equipment shall maintain full 77.211 Draw-off tunnels; stockpiling and re-
control of the equipment while it is in claiming operations; general.
motion. 77.211–1 Continuous methane monitoring de-
(c) Standardized traffic rules, includ- vice; installation and operation; auto-
ing speed limits, signals and warning matic deenergization of electric equip-
signs, shall be established at each mine ment.
77.212 Draw-off tunnel ventilation fans; in-
and followed. stallation.
(d) Except as required in normal min- 77.213 Draw-off tunnel escapeways.
ing operations, mobile diesel-powered 77.214 Refuse piles; general.
equipment shall not be idled. 77.215 Refuse piles, construction require-
(e) Diesel-powered equipment shall ments.
not be operated unattended. 77.215–1 Refuse piles; identification.
77.215–2 Refuse piles; reporting require-
ments.
PART 77—MANDATORY SAFETY 77.215–3 Refuse piles; certification.
STANDARDS, SURFACE COAL 77.215–4 Refuse piles; abandonment.
MINES AND SURFACE WORK 77.216 Water, sediment, or slurry impound-
ments and impounding structures; gen-
AREAS OF UNDERGROUND COAL eral.
MINES 77.216–1 Water, sediment or slurry impound-
ments and impounding structures; iden-
Subpart A—General tification.
77.216–2 Water, sediment, or slurry im-
Sec. poundments and impounding structures;
77.1 Scope. minimum plan requirements; changes or
77.2 Definitions. modifications; certification.
77.216–3 Water, sediment, or slurry im-
Subpart B—Qualified and Certified Persons poundments and impounding structures;
inspection requirements; correction of
77.100 Certified person. hazards; program requirements.
77.101 Tests for methane and for oxygen de- 77.216–4 Water, sediment or slurry impound-
ficiency; qualified person. ments and impounding structures; re-
77.102 Tests for methane; oxygen deficiency; porting requirements; certification.
qualified person, additional requirement. 77.216–5 Water, sediment or slurry impound-
77.103 Electrical work; qualified person. ments and impounding structures; aban-
77.104 Repair of energized surface high volt- donment.
age lines; qualified person. 77.217 Definitions.
77.105 Qualified hoistman; slope or shaft
sinking operation; qualifications. Subpart D—Thermal Dryers
77.106 Records of certified and qualified per-
sons. 77.300 Thermal dryers; general.
77.107 Training programs. 77.301 Dryer heating units; operation.
77.107–1 Plans for training programs. 77.302 Bypass stacks.
77.303 Hot gas inlet chamber dropout doors.
Subpart C—Surface Installations 77.304 Explosion release vents.
77.305 Access to drying chambers, hot gas
77.200 Surface installations; general. inlet chambers and ductwork; installa-
77.201 Methane content in surface installation and maintenance.
tions. 77.306 Fire protection.
77.201–1 Tests for methane; qualified person; 77.307 Thermal dryers; location and instal-
use of approved device. lation; general.
77.201–2 Methane accumulations; change in 77.308 Structures housing other facilities;
ventilation. use of partitions.

77.202 Dust accumulations in surface instal- 77.309 Visual check of system equipment.
lations. 77.309–1 Control stations; location.
679
77.310 Control panels. 77.510 Resistors; location and guarding.
77.311 Alarm devices. 77.511 Danger signs at electrical installa-
77.312 Fail safe monitoring systems. tions.
77.313 Wet-coal feedbins; low-level indica- 77.512 Inspection and cover plates.
tors. 77.513 Insulating mats at power switches.
77.314 Automatic temperature control in- 77.514 Switchboard; passageways and clear-
struments. ance.
77.315 Thermal dryers; examination and in- 77.515 Bare signal or control wires; voltage.
spection. 77.516 Electric wiring and equipment; in-
stallation and maintenance.
Subpart E—Safeguards for Mechanical
Equipment Subpart G—Trailing Cables
77.400 Mechanical equipment guards. 77.600 Trailing cables; short-circuit protec-

77.401 Stationary grinding machines; pro- tion; disconnecting devices.
tective devices. 77.601 Trailing cables or portable cables;
77.402 Hand-held power tools; safety devices. temporary splices.
77.403 Mobile equipment; falling object pro- 77.602 Permanent splicing of trailing cables.
tective structures (FOPS). 77.603 Clamping of trailing cables to equip-
77.403–1 Mobile equipment; rollover protec- ment.
tive structures (ROPS). 77.604 Protection of trailing cables.
77.403–2 Incorporation by reference. 77.605 Breaking trailing cable and power
77.404 Machinery and equipment; operation cable connections.
and maintenance. 77.606 Energized trailing cables; handling.
77.405 Performing work from a raised posi- 77.606–1 Rubber gloves; minimum require-
tion; safeguards. ments.
77.406 Drive belts.
77.407 Power driven pulleys. Subpart H—Grounding
77.408 Welding operations. 77.700 Grounding metallic sheaths, armors,
77.409 Shovels, draglines, and tractors. and conduits enclosing power conductors.
77.410 Mobile equipment; automatic warn- 77.700–1 Approved methods of grounding.
ing devices. 77.701 Grounding metallic frames, casings,
77.411 Compressed air and boilers; general. and other enclosures of electric equip-
77.412 Compressed air systems. ment.
77.413 Boilers. 77.701–1 Approved methods of grounding of
equipment receiving power from
Subpart F—Electrical Equipment—General ungrounded alternating current power
systems.
77.500 Electric power circuits and electric 77.701–2 Approved methods of grounding me-
equipment; deenergization. tallic frames, casings and other enclo-
77.501 Electric distribution circuits and sures of electric equipment receiving
equipment; repair. power from a direct-current power sys-
77.501–1 Qualified person. tem.
77.502 Electric equipment; examination, 77.701–3 Grounding wires; capacity.
testing, and maintenance. 77.701–4 Use of grounding connectors.
77.502–1 Qualified person. 77.702 Protection other than grounding.
77.502–2 Electric equipment; frequency of 77.703 Grounding frames of stationary high-
examination and testing. voltage equipment receiving power from
77.503 Electric conductors; capacity and in- ungrounded delta systems.
sulation. 77.703–1 Approved methods of grounding.
77.503–1 Electric conductors. 77.704 Work on high-voltage lines; deener-
77.504 Electrical connections or splices; gizing and grounding.
suitability. 77.704–1 Work on high-voltage lines.
77.505 Cable fittings; suitability. 77.704–2 Repairs to energized high-voltage
77.506 Electric equipment and circuits; over- lines.
load and short-circuit protection. 77.704–3 Work on energized high-voltage sur-
77.506–1 Electric equipment and circuits; face lines; reporting.
overload and short circuit protection; 77.704–4 Simultaneous repairs.
minimum requirements. 77.704–5 Installation of protective equip-
77.507 Electric equipment; switches. ment.
77.508 Lightning arresters, ungrounded and 77.704–6 Protective clothing; use and inspec-
exposed power conductors and telephone tion.
wires. 77.704–7 Protective equipment; inspection.
77.508–1 Lightning arresters; wires entering 77.704–8 Protective equipment; testing and
buildings. storage.
77.509 Transformers; installation and guard- 77.704–9 Operating disconnecting or cutout
ing. switches.
680
77.704–10 Tying into energized high-voltage 77.902–1 Fail safe ground check circuits;
surface circuits. maximum voltage.
77.704–11 Use of grounded messenger wires; 77.902–2 Approved ground check systems not
ungrounded systems. employing pilot check wires.
77.705 Guy wires; grounding. 77.902–3 Attachment of ground conductors
and ground check wires to equipment
Subpart I—Surface High-Voltage frames; use of separate connections.
Distribution 77.903 Disconnecting devices.
77.904 Identification of circuit breakers.
77.800 High-voltage circuits; circuit break- 77.905 Connection of single-phase loads.
ers. 77.906 Trailing cables supplying power to
77.800–1 Testing, examination, and mainte- low-voltage mobile equipment; ground
nance of circuit breakers; procedures. wires and ground check wires.
77.800–2 Testing, examination, and mainte-
nance of circuit breakers; record. Subpart K—Ground Control
77.801 Grounding resistors.
77.1000 Highwalls, pits, and spoil banks;
77.801–1 Grounding resistors; continuous
plans.
current rating.
77.1000–1 Filing of plan.
77.802 Protection of high-voltage circuits; 77.1001 Stripping; loose material.
neutral grounding resistors; dis- 77.1002 Box cuts; spoil material placement.
connecting devices. 77.1003 Benches.
77.803 Fail safe ground check circuits on 77.1004 Ground control; inspection and
high-voltage resistance grounded sys- maintenance; general.
tems. 77.1005 Scaling highwalls; general.
77.803–1 Fail safe ground check circuits; 77.1006 Highwalls; men working.
maximum voltage. 77.1007 Drilling; general.
77.803–2 Ground check systems not employ- 77.1008 Relocation of drills; safeguards.
ing pilot check wires; approval by the 77.1009 Drill; operation.
Secretary. 77.1010 Collaring holes.
77.804 High-voltage trailing cables; min- 77.1011 Drill holes; guarding.
imum design requirements. 77.1012 Jackhammers; operation; safe-
77.805 Cable couplers and connection boxes; guards.
minimum design requirements. 77.1013 Air drills; safeguards.
77.806 Connection of single-phase loads.
77.807 Installation of high-voltage trans- Subpart L—Fire Protection
mission cables.
77.807–1 High-voltage powerlines; clearances 77.1100 Fire protection; training and organi-
above ground. zation.
77.1101 Escape and evacuation; plan.
77.807–2 Booms and masts; minimum dis-
77.1102 Warning signs; smoking and open
tance from high-voltage lines.
flame.
77.807–3 Movement of equipment; minimum
77.1103 Flammable liquids; storage.
distance from high-voltage lines.
77.1104 Accumulations of combustible mate-
77.808 Disconnecting devices. rials.
77.809 Identification of circuit breakers and 77.1105 Internal combustion engines; fuel-
disconnecting switches. ing.
77.810 High-voltage equipment; grounding. 77.1106 Battery-charging stations; ventila-
77.811 Movement of portable substations tion.
and transformers. 77.1107 Belt conveyors.
77.1108 Firefighting equipment; require-
Subpart J—Low- and Medium-Voltage ments; general.
Alternating Current Circuits 77.1108–1 Type and capacity of firefighting
equipment.
77.900 Low- and medium-voltage circuits 77.1109 Quantity and location of firefighting
serving portable or mobile three-phase equipment.
alternating current equipment; circuit 77.1110 Examination and maintenance of
breakers. firefighting equipment.
77.900–1 Testing, examination, and mainte- 77.1111 Welding, cutting, soldering; use of
nance of circuit breakers; procedures. fire extinguisher.
77.900–2 Testing, examination, and mainte- 77.1112 Welding, cutting, soldering with arc
nance of circuit breakers; record. or flame; safeguards.
77.901 Protection of low- and medium-volt-
age three-phase circuits. Subpart M—Maps
77.901–1 Grounding resistor; continuous cur-
rent rating. 77.1200 Mine map.

77.902 Low- and medium-voltage ground 77.1201 Certification of mine maps.
check monitor circuits. 77.1202 Availability of mine map.
681
Subpart N—Explosives and Blasting 77.1702 Arrangements for emergency med-

ical assistance and transportation for in-
77.1300 Explosives and blasting. jured persons; reporting requirements;
77.1301 Explosives; magazines. posting requirements.
77.1302 Vehicles used to transport explo- 77.1703 First-Aid training; supervisory em-
sives. ployees.
77.1303 Explosives; handling and use. 77.1704 First aid training program; avail-
77.1304 Blasting agents; special provisions. ability of instruction to all miners.
77.1705 First aid training program; retrain-
Subpart O—Personnel Hoisting ing of supervisory employees; avail-
ability to all miners.
77.1400 Personnel hoists and elevators.
77.1706 First aid training program; min-
77.1401 Automatic controls and brakes.
imum requirements.
77.1402 Rated capacity.
77.1402–1 Maximum load; posting. 77.1707 First aid equipment; location; min-
77.1403 Daily examination of hoisting equip- imum requirements.
ment. 77.1708 Safety program, instruction of per-
77.1404 Certifications and records of daily sons employed at the mine.
examinations. 77.1710 Protective clothing; requirements.
77.1405 Operation of hoisting equipment 77.1710–1 Distinctively colored hard hats or
after repairs. hard caps; identification for newly em-
ployed, inexperienced miners.
WIRE ROPES 77.1711 Smoking prohibition.
77.1712 Reopening mines; notification; in-
77.1430 Wire ropes; scope. spection prior to mining.
77.1431 Minimum rope strength. 77.1713 Daily inspection of surface coal
77.1432 Initial measurement. mine; certified person; reports of inspec-
77.1433 Examinations. tion.
77.1434 Retirement criteria.
77.1435 Load end attachments. Subpart S—Trolley Wires and Trolley Feeder
77.1436 Drum end attachment.
77.1437 End attachment retermination. Wires
77.1438 End attachment replacement. 77.1800 Cutout switches.
77.1801 Overcurrent protection.
Subpart P—Auger Mining 77.1801–1 Devices for overcurrent protection.
77.1500 Auger mining; planning. 77.1802 Insulation of trolley wires, trolley
77.1501 Auger mining; inspections. feeder wires and bare signal wires; guard-
77.1502 Auger holes; restriction against en- ing of trolley wires and trolley feeder
tering. wires.
77.1503 Augering equipment; overhead pro-
tection. Subpart T—Slope and Shaft Sinking
77.1504 Auger equipment; operation. 77.1900 Slopes and shafts; approval of plans.
77.1505 Auger holes; blocking. 77.1900–1 Compliance with approved slope
and shaft sinking plans.
Subpart Q—Loading and Haulage 77.1901 Preshift and onshift inspections; re-
77.1600 Loading and haulage; general. ports.
77.1601 Transportation of persons; restric- 77.1901–1 Methane and oxygen deficiency
tions. tests; approved devices.
77.1602 Use of aerial tramways to transport 77.1902 Drilling and mucking operations.
persons. 77.1902–1 Permissible diesel-powered equip-
77.1603 Trains and locomotives; authorized ment.
persons. 77.1903 Hoists and hoisting; minimum re-
77.1604 Transportation of persons; over- quirements.
crowding. 77.1904 Communications between slope and
77.1605 Loading and haulage equipment; in- shaft bottoms and hoist operators.
stallations. 77.1905 Hoist safeguards; general.
77.1606 Loading and haulage equipment; in- 77.1906 Hoists; daily inspection.
spection and maintenance. 77.1907 Hoist construction; general.
77.1607 Loading and haulage equipment; op- 77.1908 Hoist installations; use.
eration. 77.1908–1 Hoist operation; qualified
77.1608 Dumping facilities. hoistman.
77.1909 Explosives and blasting; use of per-
Subpart R—Miscellaneous missible explosives and shot-firing units.
77.1909–1 Use of nonpermissible explosives
77.1700 Communications in work areas. and nonpermissible shot-firing units; ap-

77.1701 Emergency communications; re- proval by Health and Safety District
quirements. Manager.
682
77.1910 Explosives and blasting; general. ommended in Bureau of Mines Informa-
77.1911 Ventilation of slopes and shafts. tion Circular 8179.
77.1912 Ladders and stairways.
77.1913 Fire-resistant wood. (f) Blasting area means the area near
77.1914 Electrical equipment. blasting operations in which concus-
77.1915 Storage and handling of combustible sion or flying material can reasonably
materials. be expected to cause injury.
77.1916 Welding, cutting, and soldering; fire (g) Blasting cap means a detonator
protection.
containing a charge of detonating com-
Subpart U—Approved Books and Records pound, which is ignited by electric cur-
[Reserved] rent, or the spark of a fuse. Used for
detonating explosives.
AUTHORITY: 30 U.S.C. 811. (h) Blasting circuit means electric cir-
SOURCE: 36 FR 9364, May 22, 1971, unless cuits used to fire electric detonators or
otherwise noted. to ignite an igniter cord by means of
an electric starter.
Subpart A—General (i) Blasting switch means a switch
used to connect a power source to a
§ 77.1 Scope. blasting circuit.
This part 77 sets forth mandatory (j) Box-type magazine means a small,
safety standards for bituminous, an- portable magazine used to store lim-
thracite, and lignite surface coal ited quantities of explosives or deto-
mines, including open pit and auger nators for short periods of time in loca-
mines, and to the surface work areas of tions at the mine which are convenient
underground coal mines, pursuant to to the blasting sites at which they will
section 101(i) of the Federal Mine Safe- be used.
ty and Health Act of 1977. (k) Capped fuse means a length of
[36 FR 9364, May 22, 1971, as amended at 43 safety fuse to which a detonator has
FR 12320, Mar. 24, 1978] been attached.
(l) Capped primer means a package or
§ 77.2 Definitions. cartridge of explosives which is specifi-
For the purpose of this part 77, the cally designed to transmit detonation
term: to other explosives and which contains
(a) Active workings means any place a detonator.
in a coal mine where miners are nor- (m) Certified or registered, as applied
mally required to work or travel; to any person means a person certified
(b) American Table of Distances means or registered by the State in which the
the current edition of ‘‘The American coal mine is located to perform duties
Table of Distances for Storage of Ex- prescribed by this Part 77, except that,
plosives’’ published by the Institute of in a State where no program of certifi-
Makers of Explosives; cation or registration is provided or
(c) Barricaded means to obstruct pas- where the program does not meet at
sage of persons, vehicles, or flying ma- least minimum Federal standards es-
terials; tablished by the Secretary, such cer-
(d) Berm means a pile or mound of tification or registration shall be by
material capable of restraining a vehi- the Secretary.
cle;
(n) Detonating cord or detonating fuse
(e) Blasting agent means any material
means a flexible cord containing a core
consisting of a mixture of a fuel and
oxidizer which— of high explosive.
(1) Is used or intended for use in (o) Detonator means a device con-
blasting; taining a small detonating charge that
(2) Is not classed as an explosive by is used for detonating an explosive, in-
the Department of Transportation; cluding, but not limited to blasting
(3) Contains no ingredient classed as caps, exploders, electric detonators,
an explosive by the Department of and delay electric blasting caps.
Transportation; and, (p) Electrical grounding means to con-
(4) Cannot be detonated by a No. 8 nect with the ground to make the
blasting cap when tested as rec- earth part of the circuit.
683
§ 77.100 30 CFR Ch. I (7–1–20 Edition)
(q) Explosive means any chemical protection in blasting circuits between

compound, mixture, or device, the pri- the blasting switch and the shot area.
mary or common purpose of which is to (aa) Secretary means the Secretary of
function by explosion. Explosives in- Labor or his delegate.
clude, but are not limited to black
powder, dynamite, nitroglycerin, ful-
FR 12320, Mar. 24, 1978]
minate, ammonium nitrate when
mixed with a hydrocarbon, and other
blasting agents. Subpart B—Qualified and Certified
(r) Flash point means the minimum Persons
temperature at which sufficient vapor
is released by a liquid or solid to form § 77.100 Certified person.
a flammable vapor-air mixture at at- (a)(1) The provisions of this Part 77
mospheric pressure. require that certain examinations and
(s) Low voltage means up to and in- tests be made by a certified person. A
cluding 660 volts, medium voltage means certified person within the meaning of
voltages from 661 to 1,000 volts, and these provisions is a person who has
high voltage means more than 1,000 been certified in accordance with the
volts. provisions of paragraph (b) of this
(t) Misfire means the complete or par- § 77.100 to perform the duties, and make
tial failure of a blasting charge to ex- the examinations and tests which are
plode as planned. required by this Part 77 to be per-
(u) Primer or Booster means a package formed by a certified person.
or cartridge of explosive which is de- (2) A person who has been so certified
signed specifically to transmit detona- shall also be considered to be a quali-
tion to other explosives and which does fied person within the meaning of those
not contain a detonator. provisions of this Part 77 which require
(v) Qualified person means, as the that certain examinations, tests and
context requires, (1) An individual duties be performed by a qualified per-
deemed qualified by the Secretary and son, except those provisions in Sub-
designated by the operator to make parts F, G, H, I, and J of this part re-
tests and examinations required by lating to performance of electrical
this Part 77; and, work.
(2) An individual deemed, in accord- (b) Pending issuance of Federal
ance with the minimum requirements standards, a person will be considered,
to be established by the Secretary, to the extent of the certification, a cer-
qualified by training, education, and tified person to make examinations,
experience, to perform electrical work, tests and perform duties which are re-
to maintain electrical equipment, and quired by this Part 77 to be performed
to conduct examinations and make by a certified person:
tests of all electrical equipment. (1) If he has been certified for such
(w) Roll protection means a frame- purpose by the State in which the coal
work, safety canopy, or similar protec- mine is located; or
tion for the operator when equipment (2) If this person has been certified
overturns. for such purpose by the Secretary. A
(x) Safety can means an approved con- person’s initial certification is valid
tainer, of not over 5 gallons capacity, for as long as the person continues to
having a spring-closing lid and spout satisfy the requirements necessary to
cover. obtain the certification and is em-
(y) Safety fuse means a train of pow- ployed at the same coal mine or by the
der enclosed in cotton, jute yarn, and same independent contractor. The
waterproofing compounds, which burns mine operator or independent con-
at a uniform rate; used for firing a cap tractor shall make an application
containing the detonating compound which satisfactorily shows that each
which in turn sets off the explosive such person has had at least 2 years ex-
charge. perience at a coal mine or equivalent
(z) Safety switch means a sectional- experience, and that each such person
izing switch that also provides shunt demonstrates to the satisfaction of an
684
authorized representative of the Sec- no person shall be a qualified person

retary that such person is able and for testing for methane and oxygen de-
competent to test for oxygen defi- ficiency unless he has demonstrated to
ciency with a permissible flame safety the satisfaction of an authorized rep-
lamp, or any other device approved by resentative of the Secretary that he is
the Secretary and to test for methane able and competent to make such tests
with a portable methane detector ap- and the Mine Safety and Health Ad-
proved by the Bureau of Mines, MESA, ministration has issued him a current
or MSHA, under Part 22 of this Chapter card which qualifies him to make such
(Bureau of Mines Schedule 8C), and to tests.
perform such other duties for which ap-
plication for certification is made. Ap- § 77.103 Electrical work; qualified per-
plications for certification by the Sec- son.
retary should be submitted in writing (a) Except as provided in paragraph
to the Mine Safety and Health Admin- (f) of this section, an individual is a
istration, Certification and Qualifica- qualified person within the meaning of
tion Center, P.O. Box 25367, Denver Subparts F, G, H, I, and J of this Part
Federal Center, Denver, Colorado 80225. 77 to perform electrical work (other
[36 FR 9364, May 22, 1971, as amended at 43 than work on energized surface high-
FR 12320, Mar. 24, 1978; 54 FR 30515, July 20, voltage lines) if:
1989] (1) He has been qualified as a coal
mine electrician by a State that has a
§ 77.101 Tests for methane and for oxy- coal mine electrical qualification pro-
gen deficiency; qualified person. gram approved by the Secretary; or,
(a) The provisions of Subparts C, P, (2) He has at least 1 year of experi-
R, and T of this Part 77 require that ence in performing electrical work un-
tests for methane and for oxygen defi- derground in a coal mine, in the sur-
ciency be made by a qualified person. A face work areas of an underground coal
person is a qualified person for these mine, in a surface coal mine, in a
purposes if he is a certified person for noncoal mine, in the mine equipment
such purposes under § 77.100. manufacturing industry, or in any
(b) Pending issuance of Federal other industry using or manufacturing
standards, a person will be considered a similar equipment, and has satisfac-
qualified person for testing for meth- torily completed a coal mine electrical
ane and oxygen deficiency: training program approved by the Sec-
(1) If he has been qualified for this retary; or,
purpose by the State in which the coal (3) He has at least 1 year of experi-
mine is located; or ence, prior to the date of the applica-
(2) If he has been qualified by the tion required by paragraph (c) of this
Secretary for these purposes upon a section, in performing electrical work
satisfactory showing by the operator of underground in a coal mine, in the sur-
the coal mine that each such person face work areas of an underground coal
has been trained and designated by the mine, in a surface coal mine, in a
operator to test for methane and oxy- noncoal mine, in the mine equipment
gen deficiency. Applications for Secre- manufacturing industry, or in any
tarial qualification should be sub- other industry using or manufacturing
mitted in writing to the Mine Safety similar equipment, and he attains a
and Health Administration, Certifi- satisfactory grade on each of the series
cation and Qualification Center, P.O. of five written tests approved by the
Box 25367, Denver Federal Center, Den- Secretary as prescribed in paragraph
ver, Colo. 80225 (b) of this section.
[36 FR 9364, May 22, 1971, as amended at 43 (b) The series of five written tests ap-
FR 12320, Mar. 24, 1978] proved by the Secretary shall include
the following categories:
§ 77.102 Tests for methane; oxygen de- (1) Direct current theory and applica-
ficiency; qualified person, addition;
tional requirement. (2) Alternating current theory and
Notwithstanding the provisions of application;

§ 77.101, on and after December 30, 1971, (3) Electric equipment and circuits;
685
§ 77.104 30 CFR Ch. I (7–1–20 Edition)
(4) Permissibility of electric equip- § 77.104 Repair of energized surface

ment; and, high-voltage lines; qualified person.
(5) Requirements of Subparts F
An individual is a qualified person
through J and S of this Part 77.
(c) In order to take the series of five within the meaning of § 77.704 of this
written tests approved by the Sec- part for the purpose of repairing ener-
retary, an individual shall apply to the gized surface high-voltage lines only if
District Manager and shall certify that he has had at least 2 years experience
he meets the requirements of para- in electrical maintenance, and at least
graph (a)(3) of this section. The tests 2 years experience in the repair of ener-
will be administered in the Coal Mine gized high-voltage lines located on
Safety and Health Districts at regular poles or structures.
intervals, or as demand requires.
(d) A score of at least 80 percent on
FR 13143, July 15, 1971]
each of the five written tests will be
deemed to be a satisfactory grade. Rec- § 77.105 Qualified hoistman; slope or
ognition shall be given to practical ex- shaft sinking operation; qualifica-
perience in that 1 percentage point tions.
shall be added to an individual’s score
in each test for each additional year of (a)(1) A person is a qualified
experience beyond the 1 year require- hoistman within the provisions of Sub-
ment specified in paragraph (a)(3) of part T of this part, for the purpose of
this section; however, in no case shall operating a hoist at a slope or shaft
an individual be given more than 5 per- sinking operation if he has at least 1
centage points for such practical expe- year experience operating a hoist plant
rience. or maintaining hoist equipment and is
(e) An individual may, within 30 days qualified by any State as a hoistman or
from the date on which he received no- its equivalency, or
tification from the Administration of (2) If a State has no program for
his test scores, repeat those on which qualifying persons as hoistmen, the
he received an unsatisfactory score. If Secretary may qualify persons if the
further retesting is necessary after his operator of the slope or shaft-sinking
initial repetition, a minimum of 30 operation makes an application and a
days from the date of receipt of notifi-
satisfactory showing that the person
cation of the initial retest scores shall
has had 1 year of experience operating
elapse prior to such further retesting.
(f) An individual who has, prior to hoists. A person’s qualification is valid
November 1, 1972, been qualified to per- for as long as the person continues to
form electrical work specified in Sub- satisfy the requirements for qualifica-
parts F, G, H, I, and J of this Part 77 tion and is employed at the same coal
(other than work on energized surface mine or by the same independent con-
high-voltage lines) shall continue to be tractor.
qualified until June 30, 1973. To remain (b) Applications for Secretarial quali-
qualified after June 30, 1973, such indi- fication should be submitted to the
vidual shall meet the requirements of Mine Safety and Health Administra-
either paragraph (a) (1), (2), or (3) of tion, Certification and Qualification
this section. Center, P.O. Box 25367, Denver Federal
(g) An individual qualified in accord- Center, Denver, Colo. 80225.
ance with this section shall, in order to
retain qualification, certify annually [36 FR 9364, May 22, 1971, as amended at 43
FR 12320, Mar. 24, 1978; 54 FR 30515, July 20,
to the District Manager, that he has
1989]
satisfactorily completed a coal mine
electrical retraining program approved § 77.106 Records of certified and quali-
by the Secretary. fied persons.
01(a), Federal Coal Mine Health and Safety The operator of each coal mine shall
Act of 1969; 30 U.S.C. 811(a); 83 Stat. 745)
maintain a list of all certified and
[37 FR 22377, Oct. 19, 1972; 37 FR 28163, Dec.

21, 1972, as amended at 44 FR 9380, Feb. 13,
1979; 47 FR 23641, May 28, 1982]
686
qualified persons designated to perform vice approved by the Secretary at least

duties under this Part 77. once during each operating shift, and
(Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C.
immediately prior to any repair work
3501 et seq.)) in which welding or an open flame is
used, or a spark may be produced.
FR 33723, June 29, 1995] § 77.201–2 Methane accumulations;
change in ventilation.
§ 77.107 Training programs.
Every operator of a coal mine shall If, at any time, the air in any struc-
provide a program, approved by the ture, enclosure or other facility con-
Secretary, of training and retraining tains 1.0 volume per centum or more of
both qualified and certified persons methane changes or adjustments in the
needed to carry out functions pre- ventilation of such installation shall be
scribed in the Act. made at once so that the air shall con-
tain less than 1.0 volume per centum of
§ 77.107–1 Plans for training programs. methane.
Each operator must submit to the
§ 77.202 Dust accumulations in surface
district manager, of the Coal Mine installations.
Safety and Health District in which
the mine is located, a program or plan Coal dust in the air of, or in, or on
setting forth what, when, how, and the surfaces of, structures, enclosures,
where the operator will train and re- or other facilities shall not be allowed
train persons whose work assignments to exist or accumulate in dangerous
require that they be certified or quali- amounts.
fied. The program must provide—
(a) For certified persons, annual § 77.203 Use of material or equipment
training courses in the tasks and du- overhead; safeguards.
ties which they perform as certified Where overhead repairs are being
persons, first aid, and the provisions of made at surface installations and
this part 77; and equipment or material is taken into
(b) For qualified persons, annual such overhead work areas, adequate
courses in performance of the tasks protection shall be provided for all per-
which they perform as qualified persons working or passing below the
sons. overhead work areas in which such
[63 FR 53761, Oct. 6, 1998] equipment or material is being used.
§ 77.204 Openings in surface installa-

Subpart C—Surface Installations tions; safeguards.
§ 77.200 Surface installations; general. Openings in surface installations
All mine structures, enclosures, or through which men or material may
other facilities (including custom coal fall shall be protected by railings, bar-
preparation) shall be maintained in riers, covers or other protective de-
good repair to prevent accidents and vices.
injuries to employees.
§ 77.205 Travelways at surface installa-
§ 77.201 Methane content in surface in- tions.
stallations. (a) Safe means of access shall be pro-
The methane content in the air of vided and maintained to all working
any structure, enclosure or other facil- places.
ity shall be less than 1.0 volume per (b) Travelways and platforms or
centum. other means of access to areas where
persons are required to travel or work,
§ 77.201–1 Tests for methane; qualified shall be kept clear of all extraneous
person; use of approved device. material and other stumbling or slip-
Tests for methane in structures, en- ping hazards.
closures, or other facilities, in which (c) Inclined travelways shall be con-
coal is handled or stored shall be constructed of nonskid material or

ducted by a qualified person with a de- equipped with cleats.
687
§ 77.206 30 CFR Ch. I (7–1–20 Edition)
(d) Regularly used travelways shall (d) Compressed and liquid gas cyl-
be sanded, salted, or cleared of snow inders shall be secured in a safe man-
and ice as soon as practicable. ner.
(e) Crossovers, elevated walkways, (e) Valves on compressed gas cyl-
elevated ramps, and stairways shall be inders shall be protected by covers
of substantial construction, provided when being transported or stored, and
with handrails, and maintained in good by a safe location when the cylinders
condition. Where necessary toeboards are in use.
shall be provided.
(f) Crossovers shall be provided where FR 42389, June 21, 2002]
it is necessary to cross conveyors.
(g) Moving conveyors shall be crossed § 77.209 Surge and storage piles.
only at designated crossover points.
No person shall be permitted to walk
§ 77.206 Ladders; construction; instal- or stand immediately above a reclaim-
lation and maintenance. ing area or in any other area at or near
a surge or storage pile where the re-
(a) Ladders shall be of substantial claiming operation may expose him to
construction and maintained in good a hazard.
condition.
(b) Wooden members of ladders shall § 77.210 Hoisting of materials.
not be painted.
(a) Hitches and slings used to hoist
(c) Steep or vertical ladders which
materials shall be suitable for handling
are used regularly at fixed locations
the type of materials being hoisted.
shall be anchored securely and pro-
vided with backguards extending from (b) Men shall stay clear of hoisted
a point not more than 7 feet from the loads.
bottom of the ladder to the top of the (c) Taglines shall be attached to
ladder. hoisted materials that require
(d) Fixed ladders shall not incline steadying or guidance.
backwards at any point unless provided § 77.211 Draw-off tunnels; stockpiling
with backguards. and reclaiming operations; general.
(e) Fixed ladders shall be anchored
securely and installed to provide at (a) Tunnels located below stockpiles,
least 3 inches of toe clearance. surge piles, and coal storage silos shall
(f) Fixed ladders shall project at least be ventilated so as to maintain con-
3 feet above landings, or substantial centrations of methane below 1.0 vol-
handholds shall be provided above the ume per centum.
landings. (b) In addition to the tests for meth-
ane required by § 77.201 such tests shall
§ 77.207 Illumination. also be made before any electric equip-
ment is energized or repaired, unless
Illumination sufficient to provide equipped with a continuous methane
safe working conditions shall be pro- monitoring device installed and oper-
vided in and on all surface structures, ated in accordance with the provisions
paths, walkways, stairways, switch of § 77.211–1. Electric equipment shall
panels, loading and dumping sites, and not be energized, operated, or repaired
working areas. until the air contains less than 1.0 vol-
§ 77.208 Storage of materials. ume per centum of methane.
(a) Materials shall be stored and § 77.211–1 Continuous methane moni-
stacked in a manner which minimizes toring device; installation and oper-
stumbling or fall-of-material hazards. ation; automatic deenergization of
(b) Materials that can create hazards electric equipment.
if accidentally liberated from their Continuous methane monitoring de-
containers shall be stored in a manner vices shall be set to deenergize auto-
that minimizes the dangers. matically electric equipment when
(c) Containers holding hazardous ma- such monitor is not operating properly
terials must be of a type approved for and to give a warning automatically

such use by recognized agencies. when the concentration of methane
688
reaches a maximum percentage deter- (d) Roadways to refuse piles shall be

mined by an authorized representative fenced or otherwise guarded to restrict
of the Secretary which shall not be the entrance of unauthorized persons.
more than 1.0 volume per centum of [36 FR 9364, May 22, 1971, as amended at 36
methane. An authorized representative FR 13143, July 15, 1971]
of the Secretary shall require such
monitor to deenergize automatically § 77.215 Refuse piles; construction re-
electric equipment when the con- quirements.
centration of methane reaches a max- (a) Refuse deposited on a pile shall be
imum percentage determined by such spread in layers and compacted in such
representative which shall not be more a manner so as to minimize the flow of
than 2.0 volume per centum of meth- air through the pile.
ane. (b) Refuse shall not be deposited on a
burning pile except for the purpose of
§ 77.212 Draw-off tunnel ventilation controlling or extinguishing a fire.
fans; installation. (c) Clay or other sealants shall be
used to seal the surface of any refuse
When fans are used to ventilate draw- pile in which a spontaneous ignition
off tunnels the fans shall be: has occurred.
(a) Installed on the surface; (d) Surface seals shall be kept intact
(b) Installed in fireproof housings and and protected from erosion by drainage
connected to the tunnel openings with facilities.
fireproof air ducts; and, (e) Refuse piles shall not be con-
(c) Offset from the tunnel opening. structed so as to impede drainage or
impound water.
§ 77.213 Draw-off tunnel escapeways. (f) Refuse piles shall be constructed
When it is necessary for a tunnel to in such a manner as to prevent acci-
be closed at one end, an escapeway not dental sliding and shifting of mate-
rials.
less than 30 inches in diameter (or of
(g) No extraneous combustible mate-
the equivalent, if the escapeway does
rial shall be deposited on refuse piles.
not have a circular cross section) shall (h) After October 31, 1975 new refuse
be installed which extends from the piles and additions to existing refuse
closed end of the tunnel to a safe loca- piles, shall be constructed in com-
tion on the surface; and, if the pacted layers not exceeding 2 feet in
escapeway is inclined more than 30 de- thickness and shall not have any slope
grees from the horizontal it shall be exceeding 2 horizontal to 1 vertical (ap-
equipped with a ladder which runs the proximately 27°) except that the Dis-
full length of the inclined portion of trict Manager may approve construc-
the escapeway. tion of a refuse pile in compacted lay-
ers exceeding 2 feet in thickness and
§ 77.214 Refuse piles; general. with slopes exceeding 27° where engi-
(a) Refuse piles constructed on or neering data substantiates that a min-
after July 1, 1971, shall be located in imum safety factor of 1.5 for the refuse
areas which are a safe distance from all pile will be attained.
underground mine airshafts, prepara- (i) Foundations for new refuse piles
tion plants, tipples, or other surface in- and additions to existing refuse piles
shall be cleared of all vegetation and
stallations and such piles shall not be
undesirable material that according to
located over abandoned openings or
current, prudent engineering practices
steamlines.
would adversely affect the stability of
(b) Where new refuse piles are con- the refuse pile.
structed over exposed coal beds the ex- (j) All fires in refuse piles shall be ex-
posed coal shall be covered with clay or tinguished, and the method used shall
other inert material as the piles are be in accordance with a plan approved
constructed. by the District Manager. The plan shall
(c) A fireproof barrier of clay or inert contain as a minimum, provisions to
material shall be constructed between ensure that only those persons author-
old and new refuse piles. ized by the operator, and who have an
689
§ 77.215–1 30 CFR Ch. I (7–1–20 Edition)
understanding of the procedure to be minute or 15 minute topographic quad-

used, shall be involved in the extin- rangle map, or a topographic map of
guishing operation. equivalent scale if a USGS map is not
available.
(Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803
(30 U.S.C. 811, 957), Pub. L. No. 96–511, 94 Stat. (3) A statement of the construction
2812 (44 U.S.C. 3501 et seq.)) history of the refuse pile, and a state-
ment indicating whether the refuse pile
[36 FR 9364, May 22, 1971, as amended at 40 has been abandoned in accordance with
FR 41776, Sept. 9, 1975; 60 FR 33723, June 29,
1995]
a plan approved by the District Man-
ager.
§ 77.215–1 Refuse piles; identification. (4) A topographic map showing at a
scale not to exceed 1 inch = 400 feet,
A permanent identification marker, the present and proposed maximum ex-
at least six feet high and showing the tent of the refuse pile and the area 500
refuse pile identification number as as- feet around the proposed maximum pe-
signed by the District Manager, the rimeter.
name associated with the refuse pile (5) A statement of whether or not the
and the name of the person owning, op- refuse pile is burning.
erating or controlling the refuse pile, (6) A description of measures taken
shall be located on or immediately ad- to prevent water from being impounded
jacent to each refuse pile within the by the refuse pile or contained within
time specified in paragraphs (a) or (b) the refuse pile.
of this section as applicable. (7) At a scale not to exceed 1 inch =
(a) For existing refuse piles, markers 100 feet, cross sections of the length
shall be placed before May 1, 1976. and width of the refuse pile at suffi-
(b) For new or proposed refuse piles, cient intervals to show the approxi-
markers shall be placed within 30 days mate original ground surface, the
from acknowledgment of the proposed present configuration and the proposed
location of a new refuse pile. maximum extent of the refuse pile, and
(Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803 mean sea level elevations at significant
(30 U.S.C. 811, 957)) points.
[40 FR 41776, Sept. 9, 1975] (8) Any other information pertaining
to the stability of the pile which may
§ 77.215–2 Refuse piles; reporting re- be required by the District Manager.
quirements. (c) The information required by para-
(a) The proposed location of a new graphs (b)(4) through (b)(8) of this sec-
refuse pile shall be reported to and action shall be reported every twelfth
knowledged in writing by the District month from the date of original sub-
Manager prior to the beginning of any mission for those refuse piles which the
work associated with the construction District Manager has determined can
of the refuse pile. present a hazard until the District
(b) Before May 1, 1976, for existing Manager notifies the operator that the
refuse piles, or within 180 days from hazard has been eliminated.
the date of acknowledgment of the pro- (Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803
posed location of a new refuse pile, the (30 U.S.C. 811, 957), Pub. L. No. 96–511, 94 Stat.
person owning, operating or control- 2812 (44 U.S.C. 3501 et seq.))
ling a refuse pile shall submit to the [40 FR 41776, Sept. 9, 1975, as amended at 57
District Manager a report in triplicate FR 7471, Mar. 2, 1992; 60 FR 33723, June 29,
which contains the following: 1995]
(1) The name and address of the per-
son owning, operating or controlling § 77.215–3 Refuse piles: certification.
the refuse pile; the name associated (a) Within 180 days following written
with the refuse pile; the identification notification by the District Manager
number of the refuse pile as assigned that a refuse pile can present a hazard,
by the District Manager; and the iden- the person owning, operating, or con-
tification number of the mine or prepa- trolling the refuse pile shall submit to
ration plant as assigned by MSHA. the District Manager a certification by
(2) The location of the refuse pile in- a registered engineer that the refuse
dicated on the most recent USGS 71⁄2 pile is being constructed or has been
690
modified in accordance with current, (3) As determined by the District

prudent engineering practices to mini- Manager, present a hazard to coal min-
mize the probability of impounding ers.
water and failure of such magnitude as (b) Plans for the design and construc-
to endanger the lives of miners. tion of all new water, sediment, or
(b) After the initial certification re- slurry impoundments and impounding
quired by this section and until the structures which meet the require-
District Manager notifies the operator ments of paragraph (a) of this section
that the hazard has been eliminated, shall be submitted in triplicate to and
certification shall be submitted every be approved by the District Manager
twelfth month from the date of the ini- prior to the beginning of any work as-
tial certification. sociated with construction of the im-
(c) Certifications required by para- pounding structure.
graphs (a) and (b) of this section shall (c) Before May 1, 1976, a plan for the
include all information considered in continued use of an existing water,
making the certification. sediment, or slurry impoundment and
(Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803 impounding structure which meets the
(30 U.S.C. 811, 957)) requirements of paragraph (a) of this
section shall be submitted in triplicate
to the District Manager for approval.
FR 7471, Mar. 2, 1992]
(d) The design, construction, and
§ 77.215–4 Refuse piles; abandonment. maintenance of all water, sediment, or
slurry impoundments and impounding
When a refuse pile is to be aban-
structures which meet the require-
doned, the District Manager shall be
ments of paragraph (a) of this section
notified in writing, and if he deter-
shall be implemented in accordance
mines it can present a hazard, the
with the plan approved by the District
refuse pile shall be abandoned in ac-
Manager.
cordance with a plan submitted by the
(e) All fires in impounding structures
operator and approved by the District
shall be extinguished, and the method
Manager. The plan shall include a
used shall be in accordance with a plan
schedule for its implementation and
approved by the District Manager. The
describe provisions to prevent burning
plan shall contain as a minimum, pro-
and future impoundment of water, and
visions to ensure that only those per-
provide for major slope stability.
sons authorized by the operator, and
(Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803 who have an understanding of the pro-
(30 U.S.C. 811, 957), Pub. L. No. 96–511, 94 Stat. cedures to be used, shall be involved in
2812 (44 U.S.C. 3501 et seq.)) the extinguishing operation.
(Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803
FR 33723, June 29, 1995]
(30 U.S.C. 811, 957))
§ 77.216 Water, sediment, or slurry im- [40 FR 41776, Sept. 9, 1975]
poundments and impounding struc-
tures; general. § 77.216–1 Water, sediment or slurry
(a) Plans for the design, construc- impoundments and impounding
tion, and maintenance of structures structures; identification.
which impound water, sediment, or A permanent identification marker,
slurry shall be required if such an ex- at least six feet high and showing the
isting or proposed impounding struc- identification number of the impound-
ture can: ing structure as assigned by the Dis-
(1) Impound water, sediment, or slur- trict Manager, the name associated
ry to an elevation of five feet or more with the impounding structure and
above the upstream toe of the struc- name of the person owning, operating,
ture and can have a storage volume of or controlling the structure, shall be
20 acre-feet or more; or located on or immediately adjacent to
(2) Impound water, sediment, or slur- each water, sediment or slurry im-
ry to an elevation of 20 feet or more pounding structure within the time
above the upstream toe of the struc- specified in paragraph (a) or (b) of this
ture; or section as applicable.
691
§ 77.216–2 30 CFR Ch. I (7–1–20 Edition)
(a) For existing water, sediment or a plan view and cross sections of the
slurry impounding structures, markers length and width of the impounding
shall be placed before May 1, 1976. structure, showing all zones, founda-
(b) For new or proposed water, sedi- tion improvements, drainage provi-
ment, or slurry impounding structures, sions, spillways, diversion ditches, out-
markers shall be placed within 30 days lets, instrument locations, and slope
from the start of construction. protection, in addition to the measure-
(Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803 ment of the minimum vertical distance
(30 U.S.C. 811, 957)) between the crest of the impounding
structure and the reservoir surface at
[40 FR 41777, Sept. 9, 1975]
present and under design storm condi-
§ 77.216–2 Water, sediment, or slurry tions, sediment or slurry level, water
impoundments and impounding level and other information pertinent
structures; minimum plan require- to the impoundment itself, including
ments; changes or modifications; any identifiable natural or manmade
certification. features which could affect operation
(a) The plan specified in § 77.216, shall of the impoundment.
contain as a minimum the following (8) A description of the type and pur-
information: pose of existing or proposed instrumen-
(1) The name and address of the per- tation.
sons owning, operating or controlling (9) Graphs showing area-capacity
the impoundment or impounding struc- curves.
ture; the name associated with the im- (10) A statement of the runoff attrib-
poundment or impounding structure; utable to the probable maximum pre-
the identification number of the im- cipitation of 6-hour duration and the
pounding structure as assigned by the calculations used in determining such
District Manager; and the identifica- runoff.
tion number of the mine or preparation (11) A statement of the runoff attrib-
plant as assigned by MSHA. utable to the storm for which the
(2) The location of the structure indi- structure is designed and the calcula-
cated on the most recent USGS 71⁄2 tions used in determining such runoff.
minute or 15 minute topographic quad- (12) A description of the spillway and
rangle map, or a topographic map of diversion design features and capac-
equivalent scale if a USGS map is not ities and calculations used in their de-
available. termination.
(3) A statement of the purpose for (13) The computed minimum factor of
which the structure is or will be used. safety range for the slope stability of
(4) The name and size in acres of the the impounding structure including
watershed affecting the impoundment. methods and calculations used to de-
(5) A description of the physical and termine each factor of safety.
engineering properties of the founda- (14) The locations of surface and un-
tion materials on which the structure derground coal mine workings includ-
is or will be constructed. ing the depth and extent of such work-
(6) A statement of the type, size, ings within the area 500 feet around the
range, and physical and engineering perimeter, shown at a scale not to ex-
properties of the materials used, or to ceed one inch = 500 feet.
be used, in constructing each zone or (15) Provisions for construction sur-
stage of the impounding structure; the veillance, maintenance, and repair of
method of site preparation and con- the impounding structure.
struction of each zone; the approxi- (16) General provisions for abandon-
mate dates of construction of the ment.
structure and each successive stage; (17) A certification by a registered
and for existing structures, such his- engineer that the design of the im-
tory of construction as may be avail- pounding structure is in accordance
able, and any record or knowledge of with current, prudent engineering
structural instability. practices for the maximum volume of
(7) At a scale not to exceed 1 inch = water, sediment, or slurry which can be
100 feet, detailed dimensional drawings impounded therein and for the passage
of the impounding structure including of runoff from the designed storm
692
which exceeds the capacity of the im- operating or controlling the impound-
poundment; or, in lieu of the certifi- ing structure shall immediately:
cation, a report indicating what addi- (1) Take action to eliminate the po-
tional investigations, analyses, or im- tentially hazardous condition;
provement work are necessary before (2) Notify the District Manager;
such a certification can be made, in- (3) Notify and prepare to evacuate, if
cluding what provisions have been necessary, all coal miners from coal
made to carry out such work in addi-
mine property which may be affected
tion to a schedule for completion of
by the potentially hazardous condi-
such work.
tions; and
(18) Such other information per-
taining to the stability of the impound- (4) Direct a qualified person to mon-
ment and impounding structure which itor all instruments and examine the
may be required by the District Man- structure at least once every eight
ager. hours, or more often as required by an
(b) Any changes or modifications to authorized representative of the Sec-
plans for water, sediment, or slurry im- retary.
poundments or impounding structures (c) After each examination and in-
shall be approved by the District Man- strumentation monitoring referred to
ager prior to the initiation of such in paragraphs (a) and (b) of this sec-
changes or modifications. tion, each qualified person who con-
ducted all or any part of the examina-
(Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803
(30 U.S.C. 811, 957)) tion or instrumentation monitoring
shall promptly record the results of
[40 FR 41777, Sept. 9, 1975] such examination or instrumentation
§ 77.216–3 Water, sediment, or slurry monitoring in a book which shall be
impoundments and impounding available at the mine for inspection by
structures; inspection require- an authorized representative of the
ments; correction of hazards; pro- Secretary, and such qualified person
gram requirements. shall also promptly report the results
(a) All water, sediment, or slurry im- of the examination or monitoring to
poundments that meet the require- one of the persons specified in para-
ments of § 77.216(a) shall be examined as graph (d) of this section.
follows: (d) All examination and instrumenta-
(1) At intervals not exceeding 7 days, tion monitoring reports recorded in ac-
or as otherwise approved by the Dis- cordance with paragraph (c) of this sec-
trict Manager, for appearances of tion shall include a report of the action
structural weakness and other haz- taken to abate hazardous conditions
ardous conditions. and shall be promptly signed or
(2) All instruments shall be mon- countersigned by at least one of the
itored at intervals not exceeding 7 following persons:
days, or as otherwise approved by the (1) The mine foreman;
District Manager. (2) The assistant superintendent of
(3) Longer inspection or monitoring
the mine;
intervals approved under this para-
(3) The superintendent of the mine;
graph (a) shall be justified by the oper-
ator based on the hazard potential and (4) The person designated by the op-
performance of the impounding struc- erator as responsible for health and
ture, and shall include a requirement safety at the mine.
for inspection immediately after a (e) Before May 1, 1976, the person
specified rain event approved by the owning, operating, or controlling a
District Manager. water, sediment, or slurry impound-
(4) All inspections required by this ment which meets the requirements of
paragraph (a) shall be performed by a § 77.216(a) shall adopt a program for
qualified person designated by the per- carrying out the requirements of para-
son owning, operating, or controlling graphs (a) and (b) of this section. The
the impounding structure. program shall be submitted for ap-
(b) When a potentially hazardous proval to the District Manager. The

condition develops, the person owning, program shall include as a minimum:
693
§ 77.216–4 30 CFR Ch. I (7–1–20 Edition)
(1) A schedule and procedures for ex- imum recorded readings of each instru-
amining the impoundment and im- ment for the reporting period.
pounding structure by a designated (3) The minimum, maximum, and
qualified person; present depth and elevation of the im-
(2) A schedule and procedures for pounded water, sediment, or slurry for
monitoring any required or approved the reporting period.
instrumentation by a designated quali- (4) Storage capacity of the impound-
fied person; ing structure.
(3) Procedures for evaluating haz- (5) The volume of the impounded
ardous conditions; water, sediment, or slurry at the end of
(4) Procedures for eliminating haz- the reporting period.
ardous conditions; (6) Any other change which may have
(5) Procedures for notifying the Dis- affected the stability or operation of
trict Manager; the impounding structure that has oc-
(6) Procedures for evacuating coal curred during the reporting period.
miners from coal mine property which (7) A certification by a registered
may be affected by the hazardous con- professional engineer that all construc-
dition. tion, operation, and maintenance was
(f) Before making any changes or in accordance with the approved plan.
modifications in the program approved (b) A report is not required under
in accordance with paragraph (e) of this section when the operator provides
this section, the person owning, oper- the District Manager with a certifi-
ating, or controlling the impoundment cation by a registered professional en-
shall obtain approval of such changes gineer that there have been no changes
or modifications from the District under paragraphs (a)(1) through (a)(6)
Manager. of this section to the impoundment or
(g) The qualified person or persons impounding structure. However, a re-
referred to in paragraphs (a), (b)(4), (c), port containing the information set
(e)(1), and (e)(2) of this section shall be out in paragraph (a) of this section
trained to recognize specific signs of shall be submitted to the District Man-
structural instability and other haz- ager at least every 5 years.
ardous conditions by visual observa- [57 FR 7471, Mar. 2, 1992]
tion and, if applicable, to monitor in-
strumentation. § 77.216–5 Water, sediment or slurry
(Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803
impoundments and impounding
(30 U.S.C. 811, 957))
structures; abandonment.
(a) Prior to abandonment of any
FR 7471, Mar. 2, 1992] water, sediment, or slurry impound-
ment and impounding structure which
§ 77.216–4 Water, sediment or slurry meets the requirements of 30 CFR
impoundments and impounding 77.216(a), the person owning, operating,
structures; reporting requirements; or controlling such an impoundment
certification. and impounding structure shall submit
(a) Except as provided in paragraph to and obtain approval from the Dis-
(b) of this section, every twelfth month trict Manager, a plan for abandonment
following the date of the initial plan based on current, prudent engineering
approval, the person owning, operating, practices. This plan shall provide for
or controlling a water, sediment, or major slope stability, include a sched-
slurry impoundment and impounding ule for the plan’s implementation and,
structure that has not been abandoned except as provided in paragraph (b) of
in accordance with an approved plan this section, contain provisions to pre-
shall submit to the District Manager a clude the probability of future im-
report containing the following infor- poundment of water, sediment, or slur-
mation: ry.
(1) Changes in the geometry of the (b) An abandonment plan does not
impounding structure for the reporting have to contain a provision to preclude
period. the future impoundment of water if the
(2) Location and type of installed in- plan is approved by the District Man-
struments and the maximum and min- ager and documentation is included in
694
the abandonment plan to ensure that does not mean temporary spoil piles of
the following requirements are met: removed overburden material associ-
(1) A registered professional engineer, ated with surface mining operations.
knowledgeable in the principles of dam (f) Safety factor means the ratio of the
design and in the design and construc- forces tending to resist the failure of a
tion of the structure, shall certify that structure to the forces tending to cause
it substantially conforms to the ap- such failure as determined by accepted
proved design plan and specifications engineering practice.
and that there are no apparent defects. (Secs. 101, 508, Pub. L. 91–173, 83 Stat. 745, 803
(2) The current owner or prospective (30 U.S.C. 811, 957))
owner shall certify a willingness and
ability to assume responsibility for op- [40 FR 41778, Sept. 9, 1975]
eration and maintenance of the struc-
ture. Subpart D—Thermal Dryers
(3) A permit or approval for the con-
tinued existence of the impoundment § 77.300 Thermal dryers; general.
or impounding structure shall be ob- On and after July 1, 1971 dryer sys-
tained from the Federal or State agen- tems used for drying coal at high tem-
cy responsible for dam safety. peratures, hereinafter referred to as
[57 FR 7472, Mar. 2, 1992]
thermal dryers, including rotary dry-
ers, continuous carrier dyes, vertical
§ 77.217 Definitions. tray, and cascade dryers, multilouver
dryers, suspension or flash dryers, and
For the purpose of §§ 77.214 through
fluidized bed dryers, shall be main-
77.216–5, the term:
tained and operated in accordance with
(a) Abandoned as applied to any
the provision of § 77.301 to § 77.306.
refuse pile or impoundment and im-
pounding structure means that work [36 FR 9364, May 22, 1971, as amended at 36
on such pile or structure has been com- FR 13143, July 15, 1971]
pleted in accordance with a plan for
abandonment approved by the District § 77.301 Dryer heating units; oper-
ation.
Manager.
(b) Area-capacity curves means graph- (a) Dryer heating units shall be oper-
ic curves which readily show the res- ated to provide reasonably complete
ervoir water surface area, in acres, at combustion before heated gases are al-
different elevations from the bottom of lowed to enter hot gas inlets.
the reservoir to the maximum water (b) Dryer heating units which are
surface, and the capacity or volume, in fired by pulverized coal, shall be oper-
acre-feet, of the water contained in the ated and maintained in accordance
reservoir at various elevations. with the recommended standards set
(c) Impounding structure means a forth in the National Fire Protection
structure which is used to impound Association Handbook, 12th Edition,
water, sediment, or slurry, or any com- Section 9, ‘‘Installation of Pulverized
bination of such materials. Fuel Systems,’’ 1962.
(d) Probable maximum precipitation
means the value for a particular area § 77.302 Bypass stacks.
which represents an envelopment of Thermal dryer systems shall include
depth-duration-area rainfall relations a bypass stack, relief stack or indi-
for all storm types affecting that area vidual discharge stack provided with
adjusted meteorologically to maximum automatic venting which will permit
conditions. gases from the dryer heating unit to
(e) Refuse pile means a deposit of coal bypass the heating chamber and vent
mine waste which may contain a mix- to the outside atmosphere during any
ture of coal, shale, claystone, siltstone, shutdown operation.
sandstone, limestone, and related ma-
terials that are excavated during min- § 77.303 Hot gas inlet chamber dropout
ing operations or separated from mined doors.
coal and disposed of on the surface as Thermal dryer systems which employ
waste byproducts of either coal mining a hot gas inlet chamber shall be
or preparation operations. Refuse pile equipped with drop-out doors at the
695
§ 77.304 30 CFR Ch. I (7–1–20 Edition)
bottom of the inlet chamber or with no less effective means of purging shall
other effective means which permit be provided.
coal, fly-ash, or other heated material
to fall from the chamber. § 77.307 Thermal dryers; location and
installation; general.
§ 77.304 Explosion release vents. (a) Thermal dryer systems erected or
Drying chambers, dry-dust collec- installed at any coal mine after June
tors, ductwork connecting dryers to 30, 1971 shall be located at least 100 feet
dust collectors, and ductwork between from any underground coal mine open-
dust collectors and discharge stacks ing, and 100 feet from any surface in-
shall be protected with explosion re- stallation where the heat, sparks,
lease vents which open directly to the flames, or coal dust from the system
outside atmosphere, and all such vents might cause a fire or explosion.
shall be: (b) Thermal dryer systems erected or
(a) Hinged to prevent dislodgment; installed after June 30, 1971 may be
(b) Designed and constructed to per- covered by roofs, however, such sys-
mit checking and testing by manual tems shall not be otherwise enclosed
operation; and unless necessary to protect the health
(c) Equal in size to the cross-sec- and safety of persons employed at the
tional area of the collector vortex find- mine. Where such systems are en-
er when used to vent dry dust collec- closed, they shall be located in sepa-
tors. rate fireproof structures of heavy con-
struction with explosion pressure re-
§ 77.305 Access to drying chambers, lease devices (such as hinged wall pan-
hot gas inlet chambers and duct- els, window sashes, or louvers); which
work; installation and maintenance. provide at least 1 square foot of area
Drying chambers, hot gas inlet cham- for each 80 cubic feet of space volume
bers and all ductwork in which coal and which are distributed as uniformly
dust may accumulate shall be equipped as possible throughout the structure.
with tight sealing access doors which
shall remain latched during dryer oper- § 77.308 Structures housing other fa-
ation to prevent the emission of coal cilities; use of partitions.
dust and the loss of fluidizing air. Thermal dryer systems installed
after June 30, 1971 in any structure
§ 77.306 Fire protection. which also houses a tipple, cleaning
Based on the need for fire protection plant, or other operating facility shall
measures in connection with the par- be separated from all other working
ticular design of the thermal dryer, an areas of such structure by a substan-
authorized representative of the Sec- tial partition capable of providing
retary may require any of the fol- greater resistance to explosion pres-
lowing measures to be employed: sures than the exterior wall or walls of
(a) Water sprays automatically actu- the structure. The partition shall also
ated by rises in temperature to prevent include substantial, self-closing fire
fire, installed inside the thermal dryer doors at all entrances to the areas ad-
systems, and such sprays shall be de- joining the dryer system.
signed to provide for manual operation
in the event of power failure. § 77.309 Visual check of system equip-
(b) Fog nozzles, or other no less effec- ment.
tive means, installed inside the ther- Frequent visual checks shall be made
mal dryer systems to provide addi- by the operator of the thermal dryer
tional moisture or an artificial drying system control station, or by some
load within the drying system when other competent person, of the bypass
the system is being started or shut- dampers, air-tempering louvers, dis-
down. charge mechanism, and other dryer
(c) The water system of each thermal system equipment.
dryer shall be interconnected to a sup-
ply of compressed air which permits § 77.309–1 Control stations; location.
constant or frequent purging of all Thermal dryer system control sta-

water sprays and fog nozzles or other tions constructed after June 30, 1971,
696
shall be installed at a location which adjustment. These instruments shall

will give to the operator of the control not be set above the maximum allow-
station the widest field of visibility of able operating temperature.
the system and equipment. (c) All dryer control instruments
shall be inspected and calibrated at
§ 77.310 Control panels. least once every 3 months and a record
(a) All thermal dryer system control or certificate of accuracy, signed by a
panels constructed after June 30, 1971 trained employee or by a servicing
shall be located in an area which is rel- agent, shall be kept at the plant.
atively free of moisture and dust and
shall be installed in such a manner as § 77.315 Thermal dryers; examination
to minimize vibration. and inspection.
(b) A schematic diagram containing Thermal dryer systems shall be ex-
legends which show the location of amined for fires and coal-dust accumu-
each thermocouple, pressure tap, or lations if the dryers are not restarted
other control or gaging instrument in promptly after a shutdown.
the drying system shall be posted on or
near the control panel of each thermal Subpart E—Safeguards for
drying system.
(c) Each instrument on the control
Mechanical Equipment
panel shall be identified by a name- § 77.400 Mechanical equipment guards.
plate or equivalent marking.
(d) A plan to control the operation of (a) Gears; sprockets; chains; drive,
each thermal dryer system shall be head, tail, and takeup pulleys;
posted at or near the control panel flywheels; couplings; shafts; sawblades;
showing a sequence of startup, normal fan inlets; and similar exposed moving
shutdown, and emergency shutdown machine parts which may be contacted
procedures. by persons, and which may cause in-
jury to persons shall be guarded.
§ 77.311 Alarm devices. (b) Overhead belts shall be guarded if
Thermal dryer systems shall be the whipping action from a broken line
equipped with both audible and visual would be hazardous to persons below.
alarm devices which are set to operate (c) Guards at conveyor-drive, con-
when safe dryer temperatures are ex- veyor-head, and conveyor-tail pulleys
ceeded. shall extend a distance sufficient to
prevent a person from reaching behind
§ 77.312 Fail safe monitoring systems. the guard and becoming caught be-
Thermal dryer systems and controls tween the belt and the pulley.
shall be protected by a fail safe moni- (d) Except when testing the machin-
toring system which will safely shut ery, guards shall be securely in place
down the system and any related while machinery is being operated.
equipment upon failure of any compo-
§ 77.401 Stationary grinding machines;
nent in the dryer system. protective devices.
§ 77.313 Wet-coal feedbins; low-level in- (a) Stationary grinding machines
dicators. other than special bit grinders shall be
Wet-coal bins feeding thermal drying equipped with:
systems shall be equipped with both (1) Peripheral hoods (less than 90°
audible and visual low-coal-level indi- throat openings) capable of with-
cators. standing the force of a bursting wheel.
(2) Adjustable tool rests set as close
§ 77.314 Automatic temperature con- as practical to the wheel.
trol instruments. (3) Safety washers.
(a) Automatic temperature control (b) Grinding wheels shall be operated
instruments for thermal dryer system within the specifications of the manu-
shall be of the recording type. facturer of the wheel.
(b) Automatic temperature control (c) Face shields or goggles, in good
instruments shall be locked or sealed condition, shall be worn when oper-

to prevent tampering or unauthorized ating a grinding wheel.
697
§ 77.402 30 CFR Ch. I (7–1–20 Edition)
§ 77.402 Hand-held power tools; safety (b) Mobile equipment manufactured on

devices. and after September 1, 1974. All mobile
Hand-held power tools shall be equipment described in paragraph (a)
equipped with controls requiring con- of this section manufactured on and
stant hand or finger pressure to oper- after September 1, 1974 shall be
ate the tools or shall be equipped with equipped with ROPS meeting the re-
friction or other equivalent safety de- quirements of the Department of Labor
vices. specified in §§ 1926.1001 and 1926.1002 of
Part 1926, Title 29, Code of Federal Reg-
§ 77.403 Mobile equipment; falling ob- ulations—Safety and Health Regula-
ject protective structures (FOPS). tions for Construction.
(a) When necessary to protect the op- (c) Mobile equipment manufactured
erator of the equipment, all rubber- prior to September 1, 1974. All mobile
tired or crawler-mounted self-propelled equipment described in paragraph (a)
scrapers, front-end loaders, dozers, of this section manufactured prior to
graders, loaders, and tractors, with or September 1, 1974 shall be equipped
without attachments, that are used in with ROPS meeting the requirements
surface coal mines or the surface work of paragraphs (d) through (f) of this
areas of underground coal mines shall section, as appropriate, no later than
be provided with substantial falling ob- the dates specified in paragraphs (1),
ject protective structures (FOPS). (2), and (3) of this paragraph (c), unless
FOPS which meet the requirements of an earlier date is required by an au-
the Society of Automotive Engineers thorized representative of the Sec-
(SAE) Standard J 231 shall be consid- retary under paragraph (c)(4) of this
ered to be a ‘‘substantial’’ FOPS. An
section:
authorized representative of the Sec-
(1) Mobile equipment manufactured
retary may approve a FOPS which pro-
vides protection equivalent to SAE J between July 1, 1971, and September 1,
231. 1974, shall be equipped with ROPS no
(b) When necessary to protect the op- later than March 1, 1975.
erator of the equipment, forklift or (2) Mobile equipment manufactured
powered industrial trucks shall be pro- between July 1, 1970, and June 30, 1971,
vided with substantial FOPS. Such shall be equipped with ROPS no later
FOPS shall meet the requirements of than July 1, 1975.
the State of California, Division of In- (3) Mobile equipment manufactured
dustrial Safety, General Safety Orders, between July 1, 1969, and June 30, 1970,
Register 72, Number 6, February 8, 1972, shall be equipped with ROPS no later
Article 25, Section 3655—‘‘Overhead than January 1, 1976.
Guards for High-Lift Rider Trucks.’’ (4) Irrespective of the time periods
(Sec. 101(a), Federal Coal Mine Health and specified in paragraph (c) (1) through
Safety Act of 1969, as amended (83 Stat. 745; (3) of this section an authorized rep-
30 U.S.C. 811(a)) resentative of the Secretary may re-
[39 FR 24007, June 28, 1974] quire such mobile equipment to be
equipped with ROPS at an earlier date
§ 77.403–1 Mobile equipment; rollover when necessary to protect the operator
protective structures (ROPS). of the equipment under the conditions
(a) All rubber-tired or crawler- in which the mobile equipment is, or
mounted self-propelled scrapers, front- will be operated. The authorized rep-
end loaders, dozers, graders, loaders, resentative of the Secretary shall in
and tractors, with or without attach- writing advise the operator that the
ments, that are used in surface coal equipment shall be equipped with a
mines or the surface work areas of un- ROPS and shall fix a time within which
derground coal mines shall be provided the operator shall provide and install
with rollover protective structures the ROPS. If such ROPS is not pro-
(hereinafter referred to as ROPS) in ac- vided and installed within the time
cordance with the requirements of fixed a notice shall be issued to the op-
paragraphs (b) through (f) of this sec- erator pursuant to section 104 of the
tion, as applicable. Act.
698
(5) Nothing in this § 77.403–1 shall pre- Tractors and Track-Type Front-End
clude the issuance of a withdrawal Loaders’’; or
order because of imminent danger. (iv) J 396 or J 396a, ‘‘Minimum Per-
(d) Except as provided in paragraph formance Criteria for Rollover Protec-
(e) of this section, mobile equipment tive Structures for Motor Graders’’; or
described in paragraph (a) of this sec- (v) J 167, ‘‘Protective Frame with
tion, manufactured prior to September Overhead Protection—Test Procedures
1, 1974, shall be deemed in compliance and Performance Requirements’’; or
with this section if the ROPS is in- (vi) J 334a, ‘‘Protective Frame Test
stalled in accordance with the rec- Procedures and Performance Require-
ommendations of the ROPS manufac- ments’’; or
turer or designer. The coal mine oper- (2) The ROPS and supporting attach-
ator shall exhibit certification from ments will:
the ROPS manufacturer or designer in (i) Show satisfactory performance by
the form of a label attached to the actual test of a prototype involving a
equipment, indicating the manufactur- roll of 720° or more; or
er’s or fabricator’s name and address, (ii) Support not less than the weight
the ROPS model number, if any, the of the vehicle applied as a uniformly
machine make, model or series number distributed horizontal load at the top
that the structure is designed to fit, of the structure and perpendicular to a
and compliance with the applicable vertical plane through the longitudinal
specification listed in paragraph (c)(1) axis of the prime mover, and support
or (2) of this section, or he shall, upon two times the weight of the vehicle ap-
request of the authorized representa- plied as a uniformly distributed
tive of the Secretary, furnish certifi- vertical load to the top of the struc-
cation from a registered professional ture; 1 or
engineer that: (iii) Support the following separately
(1) The ROPS complies with the Soci- applied minimum loads:
ety of Automotive Engineers (SAE) (A) 125 percent of the weight of the
Standard J 397, ‘‘Critical Zone—Char- vehicle applied as a uniformly distrib-
acteristics and Dimensions for Opera- uted horizontal load at the top of the
tors of Construction and Industrial Ma- ROPS and perpendicular to a critical
chinery’’ or SAE J 397a, ‘‘Deflection plane through the longitudinal axis of
Limiting Volume for Laboratory Eval- the prime mover; and
uation of Rollover Protective Struc- (B) A load of twice the weight of the
tures (ROPS) and Falling Object Pro- vehicle applied as a uniformly distrib-
tective Structures (FOPS) of Construc- uted vertical load to the top of the
tion and Industrial Vehicles’’ and the ROPS after complying with paragraph
following applicable SAE Standards: (d) (1) (iii) (A) of this section. Stresses
(i) J 320a, ‘‘Minimum Performance shall not exceed the ultimate strength.
Criteria for Rollover Protective Struc- Steel used in the ROPS must have ca-
ture for Rubber-Tired Self-Propelled pability to perform at 0 °F., or exhibit
Scrapers’’ or J 320b, ‘‘Minimum Per- Charpy V-notch impact strength at 8
formance Criteria for Rollover Protec- ft.-lb. at ¥20 °F. with a standard
tive Structures for Prime Movers’’; or Charpy V-notch Type A specimen and
(ii) J 394, ‘‘Minimum Performance provide 20 percent elongation over two
Criteria for Rollover Protective Struc- inches in a standard two inch gauge
ture for Rubber-Tired Front-End Load- length on a 0.505 inch diameter tensile
ers and Rubber-Tired Dozers’’ or J 394a, specimen. Bolts and nuts shall be SAE
‘‘Minimum Performance Criteria for grade 8 (reference SAE J 429d, J 429e, J
Rollover Protective Structures for
Wheeled Front-End Loaders and
1 1Paragraph (d) of § 77.403–1 is based on the
Wheeled Dozers’’; or
(iii) J 395, ‘‘Minimum Performance ROPS criteria of the U.S. Army Corps of En-
gineers, Safety—General Safety Require-
Criteria for Rollover Protective Struc- ments EM 385–1–1, Change 1, No. 21, Para.
ture for Crawler Tractors and Crawler- 18.A.20 (March 27, 1972), except that subpara-
Type Loaders’’ or J 395a, ‘‘Minimum
graph (2)(ii) of this paragraph (d) is sub-

Performance Criteria for Rollover Pro- stituted for Para. 18.A.20e(2) of the Corps re-
tective Structures for Track-Type quirements.
699
§ 77.403–2 30 CFR Ch. I (7–1–20 Edition)
429f or J 429g and J 995, J 995a or J tions other than the Mine Safety and
995b). Health Administration (MSHA), are
(e) Mobile equipment manufactured hereby incorporated by reference and
prior to September 1, 1974 meeting certain made a part hereof. The incorporated
existing governmental requirements for publications are available at each
ROPS. Mobile equipment described in MSHA Coal Mine Safety and Health
paragraph (a) of this section, manufac- district office of MSHA. The U.S. Army
tured prior to September 1, 1974 and al- Corps of Engineers, Safety—General
ready equipped with ROPS, shall be Safety Requirements and the Occupa-
deemed in compliance with this section tional Safety and Health Administra-
if it meets the ROPS requirements of tion regulations are also available
the State of California, the U.S. Army from the Information Dissemination
Corps of Engineers, the Bureau of Rec- (Superintendent of Documents), P.O.
lamation of the U.S. Department of the Box 371954, Pittsburgh, PA 15250–7954;
Interior in effect on April 5, 1972, or the Telephone: 866–512–1800 (toll free) or
Occupational Safety and Health Ad- 202–512–1800; http://bookstore.gpo.gov. Bu-
ministration, U.S. Department of reau of Reclamation Safety and Health
Labor. The requirements in effect are: Regulations for Construction are avail-
(1) State of California: Construction able from the Bureau of Reclamation,
Safety Orders 1591(i), 1596, and Logging Division of Safety, Engineering and Re-
and Sawmill Safety Order 5243, issued search Center, Denver, Colorado. SAE
by the Department of Industrial Rela- documents are available from the Soci-
tions pursuant to Division 5, Labor ety of Automotive Engineers, Inc., 400
Code § 6312, State of California; Commonwealth Drive, Warrendale, PA
(2) U.S. Army Corps of Engineers: 15096. American Welding Society Struc-
Safety—General Safety Requirements, tural Welding Code D1–1–73 is available
EM–385–1–1 (March 1967); from the American Welding Society,
(3) Bureau of Reclamation, U.S. De- Inc., 550 N.W. LeJeune Road, Miami,
partment of the Interior: Safety and FL 33126. Military Standard MIL-STD
Health Regulations for Construction, 248 is available from the U.S. Govern-
Part II (September 1971); and ment Printing Office, Washington, DC
(4) Occupational Safety and Health 20202.
Administration, U.S. Department of
Labor: Safety and Health Regulations (Sec. 101(a), the Federal Coal Mine Health
and Safety Act of 1969, as amended (83 Stat.
for Construction, 29 CFR 1926.1001 and
745; 30 U.S.C. 811(a))
1926.1002.
(f) Field welding on ROPS shall be [39 FR 24008, June 28, 1974, as amended at 60
performed by welders who are certified FR 35695, July 11, 1995. Redesignated and
amended at 71 FR 16669, Apr. 3, 2006]
by the coal mine operator or equip-
ment distributor as being qualified in § 77.404 Machinery and equipment; op-
accordance with the American Welding eration and maintenance.
Society Structural Welding Code AWS
(a) Mobile and stationary machinery
D1.1–73, or Military Standard MIL-STD
and equipment shall be maintained in
248, or the equivalent thereof.
safe operating condition and machin-
(g) Seat belts required by § 77.1710(i)
ery or equipment in unsafe condition
shall be worn by the operator of mobile
shall be removed from service imme-
equipment required to be equipped with
diately.
ROPS by § 77.403–1.
(b) Machinery and equipment shall be
(Sec. 101(a), Federal Coal Mine Health and operated only by persons trained in the
Safety Act of 1969, as amended (83 Stat. 745; use of and authorized to operate such
30 U.S.C. 811(a)) machinery or equipment.
[39 FR 24007, June 28, 1974. Redesignated and (c) Repairs or maintenance shall not
amended at 71 FR 16669, Apr. 3, 2006] be performed on machinery until the
power is off and the machinery is
§ 77.403–2 Incorporation by reference. blocked against motion, except where
In accordance with 5 U.S.C. 552(a), machinery motion is necessary to
the publications to which references make adjustments.
are made in §§ 77.403 and 77.403–1 and (d) Machinery shall not be lubricated
which have been prepared by organiza- while in motion where a hazard exists,
700
unless equipped with extended fittings and trucks, except pickup trucks with
or cups. an unobstructed rear view, shall be
equipped with a warning device that—
§ 77.405 Performing work from a (1) Gives an audible alarm when the
raised position; safeguards. equipment is put in reverse; or
(a) Men shall not work on or from a (2) Uses infrared light, ultrasonic
piece of mobile equipment in a raised waves, radar, or other effective devices
position until it has been blocked in to detect objects or persons at the rear
place securely. This does not preclude of the equipment, and sounds an audi-
the use of equipment specifically de- ble alarm when a person or object is de-
signed as elevated mobile work plat- tected. This type of discriminating
forms. warning device shall—
(b) No work shall be performed under (i) Have a sensing area of a sufficient
machinery or equipment that has been size that would allow endangered per-
raised until such machinery or equip- sons adequate time to get out of the
ment has been securely blocked in po- danger zone.
sition. (ii) Give audible and visual alarms
inside the operator’s compartment and
§ 77.406 Drive belts.
an audible alarm outside of the opera-
(a) Drive belts shall not be shifted tor’s compartment when a person or
while in motion unless the machines object is detected in the sensing area;
are provided with mechanical shifters. and
(b) Belt dressing shall not be applied (iii) When the equipment is put in re-
while belts are in motion except where verse, activate and give a one-time au-
it can be applied without endangering a dible and visual alarm inside the opera-
person. tor’s compartment and a one-time au-
dible alarm outside the operator’s com-
§ 77.407 Power-driven pulleys. partment.
(a) Belts, chains, and ropes shall not (b) Alarms shall be audible above the
be guided onto power-driven moving surrounding noise levels.
pulleys, sprockets, or drums with the (c) Warning devices shall be main-
hands except on slow moving equip- tained in functional condition.
ment especially designed for hand feed- (d) An automatic reverse-activated
ing. strobe light may be substituted for an
(b) Pulleys of conveyors shall not be audible alarm when mobile equipment
cleaned manually while the conveyor is is operated at night.
in motion.
[54 FR 30517, July 20, 1989]
§ 77.408 Welding operations.
§ 77.411 Compressed air and boilers;
Welding operations shall be shielded general.
and the area shall be well-ventilated.
All boilers and pressure vessels shall
§ 77.409 Shovels, draglines, and trac- be constructed, installed, and main-
tors. tained in accordance with the stand-
(a) Shovels, draglines, and tractors ards and specifications of the American
shall not be operated in the presence of Society of Mechanical Engineers Boiler
any person exposed to a hazard from its and Pressure Vessel Code.
operation and all such equipment shall
be provided with an adequate warning § 77.412 Compressed air systems.
device which shall be sounded by the (a) Compressors and compressed-air
operator prior to starting operation. receivers shall be equipped with auto-
(b) Shovels and draglines shall be matic pressure-relief valves, pressure
equipped with handrails along and gages, and drain valves.
around all walkways and platforms. (b) Repairs involving the pressure
system of compressors, receivers, or
§ 77.410 Mobile equipment; automatic compressed-air-powered equipment
warning devices. shall not be attempted until the pres-
(a) Mobile equipment such as front- sure has been relieved from that part of
end loaders, forklifts, tractors, graders, the system to be repaired.
701
§ 77.413 30 CFR Ch. I (7–1–20 Edition)
(c) At no time shall compressed air son or by a person trained to perform

be directed toward a person. When electrical work and to maintain elec-
compressed air is used, all necessary trical equipment under the direct su-
precautions shall be taken to protect pervision of a qualified person. Dis-
persons from injury. connecting devices shall be locked out
(d) Safety chains or suitable locking and suitably tagged by the persons who
devices shall be used at connections to perform such work, except that in
machines of high-pressure hose lines of cases where locking out is not possible,
1-inch inside diameter or larger, and such devices shall be opened and suit-
between high-pressure hose lines of 1- ably tagged by such persons. Locks or
inch inside diameter or larger, where a tags shall be removed only by the per-
connection failure would create a haz- sons who installed them or, if such per-
ard. sons are unavailable, by persons au-
thorized by the operator or his agent.
§ 77.413 Boilers.
(a) Boilers shall be equipped with § 77.501–1 Qualified person.
guarded, well-maintained water gages A qualified person within the mean-
and pressure gages placed so that they ing of § 77.501 is an individual who
can be observed easily. Water gages meets the requirements of § 77.103.
and pipe passages to the gages shall be
kept clean and free of scale and rust. § 77.502 Electric equipment; examina-
(b) Boilers shall be equipped with tion, testing, and maintenance.
automatic pressure-relief valves;
Electric equipment shall be fre-
valves shall be opened manually at
quently examined, tested, and properly
least once a week to determine that
maintained by a qualified person to as-
they will function properly.
sure safe operating conditions. When a
(c) Blowoff valves shall be piped out-
potentially dangerous condition is
side the building and shall have outlets
found on electric equipment, such
so located or protected that persons
equipment shall be removed from serv-
passing by, near, or under them will
ice until such condition is corrected. A
not be scalded.
record of such examinations shall be
(d) Boiler installations shall be pro-
kept.
vided with safety devices, acceptable to
the Mine Safety and Health Adminis- § 77.502–1 Qualified person.
tration, to protect against hazards of
flameouts, fuel interruptions, and low- A qualified person within the mean-
water level. ing of § 77.502 is an individual who
(e) Boilers shall be inspected inter- meets the requirements of § 77.103.
nally at least once a year by a licensed
inspector and a certificate of inspec- § 77.502–2 Electric equipment; fre-
quency of examination and testing.
tion signed by the inspector shall be
displayed in the vicinity of the boiler. The examinations and tests required
under the provision of this § 77.502 shall
Subpart F—Electrical Equipment— be conducted at least monthly.
General § 77.503 Electric conductors; capacity
and insulation.
§ 77.500 Electric power circuits and
electric equipment; deenergization. Electric conductors shall be suffi-
Power circuits and electric equip- cient in size and have adequate current
ment shall be deenergized before work carrying capacity and be of such con-
is done on such circuits and equipment, struction that a rise in temperature re-
except when necessary for trouble- sulting from normal operation will not
shooting or testing. damage the insulating materials.
§ 77.501 Electric distribution circuits § 77.503–1 Electric conductors.

and equipment; repair. Electric conductors shall be suffi-
No electrical work shall be performed cient in size to meet the minimum cur-
on electric distribution circuits or rent carrying capacity provided for in

equipment, except by a qualified per- the National Electric Code, 1968. All
702
trailing cables shall meet the min- resters which are adequately installed
imum requirements for ampacity pro- and connected to a low resistance
vided in the standards of the Insulated grounding medium.
Power Cable Engineers Association—
National Electric Manufacturers Asso- § 77.508–1 Lightning arresters; wires
ciation in effect when such cables are entering buildings.
purchased. Lightning arresters protecting ex-
posed telephone wires entering build-
§ 77.504 Electrical connections or ings shall be provided at the point
splices; suitability. where each such telephone wire enters
Electrical connections or splices in the building.
electric conductors shall be mechani-
cally and electrically efficient, and § 77.509 Transformers; installation and
suitable connectors shall be used. All guarding.
electrical connections or splices in in- (a) Transformers shall be of the to-
sulated wire shall be reinsulated at tally enclosed type, or shall be placed
least to the same degree of protection at least 8 feet above the ground, or in-
as the remainder of the wire. stalled in a transformer house, or sur-
rounded by a substantial fence at least
§ 77.505 Cable fittings; suitability. 6 feet high and at least 3 feet from any
Cables shall enter metal frames of energized parts, casings, or wiring.
motors, splice boxes, and electric com- (b) Transformer stations shall be en-
partments only through proper fit- closed to prevent persons from unin-
tings. When insulated wires, other than tentionally or inadvertently con-
cables, pass through metal frames, the tacting energized parts.
holes shall be substantially bushed (c) Transformer enclosures shall be
with insulated bushings. kept locked against unauthorized
entry.
§ 77.506 Electric equipment and cir-
cuits; overload and short-circuit § 77.510 Resistors; location and guard-
protection. ing.
Automatic circuit-breaking devices Resistors, heaters, and rheostats
or fuses of the correct type and capac- shall be located so as to minimize fire
ity shall be installed so as to protect hazards and, where necessary, provided
all electric equipment and circuits with guards to prevent personal con-
against short circuit and overloads. tact.
§ 77.506–1 Electric equipment and cir- § 77.511 Danger signs at electrical in-
cuits; overload and short circuit stallations.
protection; minimum requirements. Suitable danger signs shall be posted
Devices providing either short circuit at all major electrical installations.
protection or protection against over-
load shall conform to the minimum re- § 77.512 Inspection and cover plates.
quirements for protection of electric Inspection and cover plates on elec-
circuits and equipment of the National trical equipment shall be kept in place
Electric Code, 1968. at all times except during testing or re-
pairs.
§ 77.507 Electric equipment; switches.
All electric equipment shall be pro- § 77.513 Insulating mats at power
switches.
vided with switches or other controls
that are safely designed, constructed, Dry wooden platforms, insulating
and installed. mats, or other electrically nonconduc-
tive material shall be kept in place at
§ 77.508 Lightning arresters, all switchboards and power-control
ungrounded and exposed power switches where shock hazards exist.
conductors and telephone wires. However, metal plates on which a per-
All ungrounded, exposed power con- son normally would stand and which
ductors and telephone wires shall be are kept at the same potential as the
equipped with suitable lightning ar- grounded, metal, non-current-carrying
703
§ 77.514 30 CFR Ch. I (7–1–20 Edition)
parts of the power switches to be oper- § 77.602 Permanent splicing of trailing

ated may be used. cables.
When permanent splices in trailing
§ 77.514 Switchboards; passageways cables are made, they shall be:
and clearance.
(a) Mechanically strong with ade-
Switchboards shall be installed to quate electrical conductivity;
provide passageways or lanes of travel (b) Effectively insulated and sealed
which permit access to the back of the so as to exclude moisture; and,
switchboard from both ends for inspec- (c) Vulcanized or otherwise made
tion, adjustment or repair. Openings with suitable materials to provide good
permitting access to the rear of any bonding to the outer jacket.
switchboard shall be guarded, except
where they are located in buildings § 77.603 Clamping of trailing cables to
which are kept locked. equipment.
Trailing cables shall be clamped to
§ 77.515 Bare signal or control wires; machines in a manner to protect the
voltage. cables from damage and to prevent
The voltage on bare signal or control strain on the electrical connections.
wires accessible to personal contact
shall not exceed 40 volts. § 77.604 Protection of trailing cables.
Trailing cables shall be adequately
§ 77.516 Electric wiring and equip- protected to prevent damage by mobile
ment; installation and maintenance. equipment.
In addition to the requirements of
§ 77.605 Breaking trailing cable and
§§ 77.503 and 77.506, all wiring and elec- power cable connections.
trical equipment installed after June
30, 1971, shall meet the requirements of Trailing cable and power cable con-
the National Electric Code in effect at nections between cables and to power
the time of installation. sources shall not be made or broken
under load.
Subpart G—Trailing Cables § 77.606 Energized trailing cables; han-
dling.
§ 77.600 Trailing cables; short-circuit
protection; disconnecting devices. Energized medium- and high-voltage
trailing cables shall be handled only by
Short-circuit protection for trailing persons wearing protective rubber
cables shall be provided by an auto- gloves (see § 77.606–1) and, with such
matic circuit breaker or other no less other protective devices as may be nec-
effective device, approved by the Sec- essary and appropriate under the cir-
retary, of adequate current-inter- cumstances.
rupting capacity in each ungrounded
conductor. Disconnecting devices used § 77.606–1 Rubber gloves; minimum re-
to disconnect power from trailing ca- quirements.
bles shall be plainly marked and iden- (a) Rubber gloves (lineman’s gloves)
tified and such devices shall be worn while handling high-voltage trail-
equipped or designed in such a manner ing cables shall be rated at least 20,000
that it can be determined by visual ob- volts and shall be used and tested in
servation that the power is discon- accordance with the provisions of
nected. §§ 77.704–6 through 77.704–8.
(b) Rubber gloves (wireman’s gloves)
§ 77.601 Trailing cables or portable ca- worn while handling trailing cables en-
bles; temporary splices. ergized by 660 to 1,000 volts shall be
Temporary splices in trailing cables rated at least 1,000 volts and shall not
or portable cables shall be made in a be worn inside out or without protec-
workmanlike manner and shall be me- tive leather gloves.
chanically strong and well insulated. (c) Rubber gloves shall be inspected
Trailing cables or portable cables with for defects before use on each shift and
exposed wires or splices that heat or at least once thereafter during the
spark under load shall not be used. shift when such rubber gloves are used
704
for extended periods. All protective equipment receiving power from

rubber gloves which contain defects ungrounded alternating current power
shall be discarded and replaced prior to systems, the following methods of
handling energized cables. grounding will be approved:
(a) A solid connection between the
Subpart H—Grounding metallic frame; casing, or other metal
enclosure and the grounded metallic
§ 77.700 Grounding metallic sheaths, sheath, armor, or conduit enclosing the
armors, and conduits enclosing power conductor feeding the electric
power conductors. equipment enclosed;
Metallic sheaths, armors, and con- (b) A solid connection to metal
duits enclosing power conductors shall waterlines having low resistance to
be electrically continuous throughout earth;
and shall be grounded by methods ap- (c) A solid connection to a grounding
proved by an authorized representative conductor extending to a low-resist-
of the Secretary. ance ground field; and,
(d) Any other method of grounding,
§ 77.700–1 Approved methods of approved by an authorized representa-
grounding. tive of the Secretary, which insures
Metallic sheaths, armors, and con- that there is no difference in potential
duits in resistance grounded systems, between such metal enclosures and the
where the enclosed conductors are a earth.
part of the system, will be approved if
a solid connection is made to the neu- § 77.701–2 Approved methods of
tral conductor; in all other systems, grounding metallic frames, casings,
and other enclosures of electric
the following methods of grounding equipment receiving power from a
will be approved: direct-current power system.
(a) A solid connection to metal
waterlines having low resistance to (a) The following methods of ground-
earth; ing metallic frames, casings, and other
enclosures of electric equipment re-
(b) A solid connection to a grounding
ceiving power from a direct-current
conductor, other than the neutral con-
power system with one polarity
ductor of a resistance grounded sys-
grounded will be approved:
tem, extending to a low-resistance
ground field; (1) A solid connection to the ground-
ed power conductor of the system; and,
(c) Any other method of grounding,
approved by an authorized representa- (2) Any other method, approved by an
tive of the Secretary, which ensures authorized representative of the Sec-
that there is no difference in potential retary, which insures that there is no
between such metallic enclosures and difference in potential between such
the earth. metal enclosures and the earth.
(b) A method of grounding of metallic
§ 77.701 Grounding metallic frames, frames, casings, and other enclosures
casings, and other enclosures of of electric equipment receiving power
electric equipment. from a direct-current power system
Metallic frames, casings, and other other than a system with one polarity
enclosures of electric equipment that grounded, will be approved by an au-
can become ‘‘alive’’ through failure of thorized representative of the Sec-
insulation or by contact with energized retary if the method insures that there
parts shall be grounded by methods ap- is no difference in potential between
proved by an authorized representative such frames, casings, and other enclo-
of the Secretary. sures, and the earth.
§ 77.701–1 Approved methods of § 77.701–3 Grounding wires; capacity.

grounding of equipment receiving Where grounding wires are used to
power from ungrounded alternating ground metallic sheaths, armors, con-
current power systems. duits, frames, casings, and other metal-
For purposes of grounding metallic lic enclosures, such grounding wires

frames, casings and other enclosures of will be approved if:
705
§ 77.701–4 30 CFR Ch. I (7–1–20 Edition)
(a) Where the power conductor used maintained the protective devices nec-
is No. 6 A.W.G., or larger, the cross-sec- essary in making such repairs.
tional area of the grounding wire is at
least one-half the cross-sectional area § 77.704–1 Work on high-voltage lines.
of the power conductor. (a) No high-voltage line shall be re-
(b) Where the power conductor used garded as deenergized for the purpose
is less than No. 6 A.W.G., the cross-sec- of performing work on it, until it has
tional area of the grounding wire is been determined by a qualified person
equal to the cross-sectional area of the (as provided in § 77.103) that such high-
power conductor. voltage line has been deenergized and
grounded. Such qualified person shall
§ 77.701–4 Use of grounding connec-
tors. by visual observation (1) determine
that the disconnecting devices on the
If ground wires are attached to high-voltage circuit are in open posi-
grounded power conductors, separate tion, and (2) insure that each
clamps, suitable for such purpose, shall ungrounded conductor of the high-volt-
be used and installed to provide a solid age circuit upon which work is to be
connection. done is properly connected to the sys-
tem grounding medium. In the case of
§ 77.702 Protection other than ground-
ing. resistance grounded or solid wye-con-
nected systems, the neutral wire is the
Methods other than grounding which system grounding medium. In the case
provide no less effective protection of an ungrounded power system, either
may be permitted by the Secretary or the steel armor or conduit enclosing
his authorized representative. Such the system or a surface grounding field
methods may not be used unless so ap- is a system grounding medium;
proved. (b) No work shall be performed on
any high-voltage line which is sup-
§ 77.703 Grounding frames of sta-
tionary high-voltage equipment reported by any pole or structure which
ceiving power from ungrounded also supports other high-voltage lines
delta systems. until: (1) All lines supported on the
pole or structure are deenergized and
The frames of all stationary high-
grounded in accordance with all of the
voltage equipment receiving power
provisions of this § 77.704–1 which apply
from ungrounded delta systems shall
to the repair of deenergized surface
be grounded by methods approved by
high-voltage lines; or (2) the provisions
an authorized representative of the
of §§ 77.704–2 through 77.704–10 have been
Secretary.
complied with, with respect to all ener-
§ 77.703–1 Approved methods of gized lines, which are supported on the
grounding. pole or structure.
The methods of grounding stated in (c) Work may be performed on ener-
§ 77.701–1 will be approved with respect gized surface high-voltage lines only in
to the grounding of frames of high- accordance with the provisions of
voltage equipment referred to in §§ 77.704–2 through 77.704–10, inclusive.
§ 77.703. § 77.704–2 Repairs to energized high-
voltage lines.
§ 77.704 Work on high-voltage lines;
deenergizing and grounding. An energized high-voltage line may
High-voltage lines shall be deener- be repaired only when:
gized and grounded before work is per- (a) The operator has determined that,
formed on them, except that repairs (1) Such repairs cannot be scheduled
may be permitted on energized high- during a period when the power circuit
voltage lines if (a) such repairs are could be properly deenergized and
made by a qualified person in accord- grounded;
ance with procedures and safeguards (2) Such repairs will be performed on
set forth in §§ 77.704–1 through 77.704–11 power circuits with a phase-to-phase
of this Subpart H as applicable, and (b) nominal voltage no greater than 15,000
the operator has tested and properly volts;
706
(3) Such repairs on circuits with a work on different phases or on equip-

phase-to-phase nominal voltage of 5,000 ment with different potentials.
volts or more will be performed only
with the use of live line tools; and, § 77.704–5 Installation of protective
(4) Weather conditions will not inter- equipment.
fere with such repairs or expose those Before repair work on energized high-
persons assigned to such work to an voltage surface lines is begun, protec-
imminent danger; and, tive equipment shall be used to cover
(b) The operator has designated a all bare conductors, ground wires,
person qualified under the provisions of guys, telephone lines, and other at-
§ 77.104 as the person responsible for tachments in proximity to the area of
carrying out such repairs and such per- planned repairs. Such protective equip-
son, in order to ensure protection for ment shall be installed from a safe po-
himself and other qualified persons as- sition below the conductors or other
signed to perform such repairs from the apparatus being covered. Each rubber
hazards of such repair, has prepared protective device employed in the mak-
and filed with the operator: ing of repairs shall have a dielectric
(1) A general description of the na- strength of 20,000 volts, or more.
ture and location of the damage or de-
§ 77.704–6 Protective clothing; use and
fect to be repaired; inspection.
(2) The general plan to be followed in
making such repairs; All persons performing work on ener-
(3) A statement that a briefing of all gized high-voltage surface lines shall
qualified persons assigned to make wear protective rubber lineman’s
such repairs was conducted informing gloves, sleeves, and climber guards if
them of the general plan, their indi- climbers are worn. Protective rubber
vidual assignments, and the dangers in- gloves shall not be worn wrong side out
herent in such assignments; or without protective leather gloves.
Protective devices worn by a person as-
(4) A list of the proper protective
signed to perform repairs on high-volt-
equipment and clothing that will be
age surface lines shall be worn continu-
provided; and
ously from the time he leaves the
(5) Such other information as the ground until he returns to the ground
person designated by the operator feels and, if such devices are employed for
necessary to describe properly the extended periods, such person shall vis-
means or methods to be employed in ually inspect the equipment assigned
such repairs. him for defects before each use and, in
§ 77.704–3 Work on energized high- no case, less than twice each day.
voltage surface lines; reporting.
§ 77.704–7 Protective equipment; in-
Any operator designating and assign- spection.
ing qualified persons to perform repairs Each person shall visually inspect
on energized high-voltage surface lines protective equipment and clothing pro-
under the provisions of § 77.704–2 shall vided him in connection with work on
maintain a record of such repairs. Such high-voltage surface lines before using
record shall contain a notation of the such equipment and clothing, and any
time, date, location, and general na- equipment or clothing containing any
ture of the repairs made together with defect or damage shall be discarded and
a copy of the information filed with the replaced with proper protective equip-
operator by the qualified person des- ment or clothing prior to the perform-
ignated as responsible for performing ance of any electrical work on such
such repairs. lines.
§ 77.704–4 Simultaneous repairs. § 77.704–8 Protective equipment; test-
When two or more persons are working and storage.
ing on an energized high-voltage sur- (a) All rubber protective equipment
face line simultaneously, and any one used on work on energized high-voltage
of them is within reach of another, surface lines shall be electrically test-

such persons shall not be allowed to ed by the operator in accordance with
707
§ 77.704–9 30 CFR Ch. I (7–1–20 Edition)
ASTM standards, Part 28, published § 77.705 Guy wires; grounding.

February 1968, and such testing shall be
Guy wires from poles supporting
conducted in accordance with the fol-
high-voltage transmission lines shall
lowing schedule:
be securely connected to the system
(1) Rubber gloves, once each month;
ground or be provided with insulators
(2) Rubber sleeves, once every 3
installed near the pole end.
months;
(3) Rubber blankets, once every 6
months; Subpart I—Surface High-Voltage
(4) Insulator hoods and line hose, Distribution
once a year; and
(5) Other electric protective equip- § 77.800 High-voltage circuits; circuit
ment, once a year. breakers.
(b) Rubber gloves shall not be stored High-voltage circuits supplying
wrong side out. Blankets shall be rolled power to portable or mobile equipment
when not in use, and line hose, and in- shall be protected by suitable circuit
sulator hoods shall be stored in their breakers of adequate interrupting ca-
natural position and shape. pacity which are properly tested and
maintained and equipped with devices
§ 77.704–9 Operating disconnecting or to provide protection against under
cutout switches. voltage, grounded phase, short circuit
Disconnecting or cutout switches on and overcurrent. High-voltage circuits
energized high-voltage surface lines supplying power to stationary equip-
shall be operated only with insulated ment shall be protected against over-
sticks, fuse tongs, or pullers which are loads by either a circuit breaker or
adequately insulated and maintained fuses of the correct type and capacity.
to protect the operator from the volt-
age to which he is exposed. When such § 77.800–1 Testing, examination, and
switches are operated from the ground, maintenance of circuit breakers;
procedures.
the person using such devices shall
wear protective rubber lineman’s (a) Circuit breakers and their auxil-
gloves, except where such switches are iary devices protecting high-voltage
bonded to a metal mat as provided in circuits to portable or mobile equip-
§ 77.513. ment shall be tested and examined at
least once each month by a person
§ 77.704–10 Tying into energized high- qualified as provided in § 77.103.
voltage surface circuits. (b) Tests shall include:
If the work of forming an additional (1) Breaking continuity of the ground
circuit by tying into an energized high- check conductor where ground check
voltage surface line is performed from monitoring is used; and,
the ground, any person performing (2) Actuating any of the auxiliary
such work must wear and employ all of protective relays.
the protective equipment and clothing (c) Examination shall include visual
required under the provisions of observation of all components of the
§§ 77.704–5 and 77.704–6. In addition, the circuit breaker and its auxiliary de-
insulated stick used by such person vices, and such repairs or adjustments
must have been designed for such pur- as are indicated by such tests and ex-
pose and must be adequately insulated aminations shall be carried out imme-
and be maintained to protect such per- diately.
son from the voltage to which he is ex-
posed. § 77.800–2 Testing, examination, and
maintenance of circuit breakers;
§ 77.704–11 Use of grounded messenger record.
wires; ungrounded systems. The operator shall maintain a writ-
Solely for purposes of grounding ten record of each test, examination,
ungrounded high-voltage power sys- repair, or adjustment of all circuit
tems, grounded messenger wires used breakers protecting high-voltage cir-
to suspend the cables of such systems cuits. Such record shall be kept in a
may be used as a grounding medium. book approved by the Secretary.
708
§ 77.801 Grounding resistors. the ground or ground check wire is bro-

ken.
The grounding resistor, where re-
quired, shall be of the proper ohmic § 77.803–1 Fail safe ground check cir-
value to limit the voltage drop in the cuits; maximum voltage.
grounding circuit external to the resis-
tor to not more than 100 volts under The maximum voltage used for
fault conditions. The grounding resis- ground check circuits under § 77.803
tor shall be rated for maximum fault shall not exceed 96 volts.
current continuously and insulated
§ 77.803–2 Ground check systems not
from ground for a voltage equal to the
employing pilot check wires; ap-
phase-to-phase voltage of the system. proval by the Secretary.
§ 77.801–1 Grounding resistors; contin- Ground check systems not employing
uous current rating. pilot check wires shall be approved by
The ground fault current rating of the Secretary only if it is determined
grounding resistors shall meet the that the system includes a fail safe de-
‘‘extended time rating’’ set forth in sign which will cause the circuit inter-
American Institute of Electrical Engi- rupter to open when ground continuity
neers, Standard No. 32. is broken.
§ 77.802 Protection of high-voltage cir- § 77.804 High-voltage trailing cables;

cuits; neutral grounding resistors; minimum design requirements.
disconnecting devices. (a) High-voltage trailing cables used
High-voltage circuits supplying port- in resistance grounded systems shall be
able or mobile equipment shall contain equipped with metallic shields around
either a direct or derived neutral which each power conductor with one or more
shall be grounded through a suitable ground conductors having a total
resistor at the source transformers, cross-sectional area of not less than
and a grounding circuit, originating at one-half the power conductor, and with
the grounded side of the grounding re- an insulated conductor for the ground
sistor, shall extend along with the continuity check circuit. External
power conductors and serve as a ground check conductors may be used
grounding conductor for the frames of if they are not smaller than No. 8
all high-voltage equipment supplied (AWG) and have an insulation rated at
power from that circuit, except that least 600 volts.
the Secretary or his authorized rep- (b) All such high-voltage trailing ca-
resentative may permit other high-
bles shall be adequate for the intended
voltage circuits to feed stationary elec-
current and voltage. Splices made in
trical equipment, if he finds that such
such cables shall provide continuity of
exception will not pose a hazard to the
all components.
miners. Disconnecting devices shall be
installed and so equipped or designed in § 77.805 Cable couplers and connection
such a manner that it can be deter- boxes; minimum design require-
mined by visual observation that the ments.
power is disconnected.
(a)(1) Couplers that are used in
§ 77.803 Fail safe ground check cir- medium- or high-voltage power circuits
cuits on high-voltage resistance shall be of the three-phase type and en-
grounded systems. closed in a full metallic shell, except
On and after September 30, 1971, all that the Secretary may permit, under
high-voltage, resistance grounded sys- such guidelines as he may prescribe, no
tems shall include a fail safe ground less effective couplers constructed of
check circuit or other no less effective materials other than metal.
device approved by the Secretary to (2) Cable couplers shall be adequate
monitor continuously the grounding for the intended current and voltage.
circuit to assure continuity. The fail (3) Cable couplers with any metal ex-
safe ground check circuit shall cause posed shall be grounded to the ground
the circuit breaker to open when either conductor in the cable.
709
§ 77.806 30 CFR Ch. I (7–1–20 Edition)
(4) Couplers shall be constructed to § 77.807–3 Movement of equipment;

cause the ground check continuity con- minimum distance from high-volt-
ductor to break first and the ground age lines.
conductor last when being uncoupled When any part of any equipment op-
when pilot check circuits are used. erated on the surface of any coal mine
(b) Cable connection boxes shall be of is required to pass under or by any en-
substantial construction and designed ergized high-voltage powerline and the
to guard all energized parts from per- clearance between such equipment and
sonal contact. powerline is less than that specified in
§ 77.807–2 for booms and masts, such
§ 77.806 Connection of single-phase powerlines shall be deenergized or
loads. other precautions shall be taken.
Single-phase loads, such as trans- § 77.808 Disconnecting devices.
former primaries, shall be connected
Disconnecting devices shall be in-
phase to phase in resistance grounded stalled at the beginning of each branch
systems. line in high-voltage circuits and they
shall be equipped or designed in such a
§ 77.807 Installation of high-voltage
manner that it can be determined by
transmission cables.
visual observation that the circuit is
High-voltage transmission cables deenergized when such devices are
shall be installed or placed so as to af- open.
ford protection against damage. They
shall be placed to prevent contact with § 77.809 Identification of circuit break-
ers and disconnecting switches.
low-voltage or communication circuits.
Circuit breakers and disconnecting
§ 77.807–1 High-voltage powerlines; switches shall be labeled to show which
clearances above ground. units they control, unless identifica-
High-voltage powerlines located tion can be made readily by location.
above driveways, haulageways, and § 77.810 High-voltage equipment;
railroad tracks shall be installed to grounding.
provide the minimum vertical clear- Frames, supporting structures, and
ance specified in National Electrical enclosures of stationary, portable, or
Safety Code: Provided, however, That in mobile high-voltage equipment shall be
no event shall any high-voltage effectively grounded.
powerline be installed less than 15 feet
above ground. § 77.811 Movement of portable sub-
stations and transformers.
§ 77.807–2 Booms and masts; minimum Portable substations and trans-
distance from high-voltage lines. formers shall be deenergized before
The booms and masts of equipment they are moved from one location to
operated on the surface of any coal another.
mine shall not be operated within 10
feet of an energized overhead Subpart J—Low- and Medium-
powerline. Where the voltage of over- Voltage Alternating Current
head powerlines is 69,000 volts, or more, Circuits
the minimum distance from the boom
or mast shall be as follows: § 77.900 Low- and medium-voltage cir-
cuits serving portable or mobile
Minimum three-phase alternating current
Nominal power line voltage (in 1,000 volts) distance equipment; circuit breakers.
(feet)
Low- and medium-voltage circuits
69 to 114 ............................................................. 12 supplying power to portable or mobile
115 to 229 ........................................................... 15 three-phase alternating current equip-
230 to 344 ........................................................... 20
345 to 499 ........................................................... 25
ment shall be protected by suitable cir-
cuit breakers of adequate interrupting
500 or more ......................................................... 35

capacity which are properly tested and
maintained and equipped with devices
710
to provide protection against under- and provide insulation from ground for
voltage, grounded phase, short circuit, a voltage equal to the phase-to-phase
and over-current. voltage of the system.
(c) Low- and medium-voltage circuits
§ 77.900–1 Testing, examination, and supplying power to three-phase alter-
maintenance of circuit breakers; nating current stationary electric
procedures. equipment shall comply with the Na-
Circuit breakers protecting low- and tional Electric Code.
medium-voltage circuits serving port-
able or mobile three-phase alternating § 77.901–1 Grounding resistor; contin-
current equipment and their auxiliary uous current rating.
devices shall be tested and examined at The ground fault current rating of
least once each month by a person grounding resistors shall meet the
qualified as provided in § 77.103. In per- ‘‘extended time rating’’ set forth in
forming such tests, the circuit breaker American Institute of Electrical Engi-
auxiliaries or control circuits shall be neers Standard No. 32.
actuated in any manner which causes
the circuit breaker to open. All compo- § 77.902 Low- and medium-voltage
ground check monitor circuits.
nents of the circuit breaker and its
auxiliary devices shall be visually ex- On and after September 30, 1971,
amined and such repairs or adjust- three-phase low- and medium-voltage
ments as are indicated by such tests resistance grounded systems to port-
and examinations shall be carried out able and mobile equipment shall in-
immediately. clude a fail safe ground check circuit
or other no less effective device ap-
§ 77.900–2 Testing, examination, and proved by the Secretary to monitor
maintenance of circuit breakers; continuously the grounding circuit to
record. assure continuity. The fail safe ground
The operator shall maintain a writ- check circuit shall cause the circuit
ten record of each test, examination, breaker to open when either the ground
repair or adjustment of all circuit or pilot check wire is broken. Cable
breakers protecting low- and medium- couplers shall be constructed to cause
voltage circuits serving three-phase al- the ground check continuity conductor
ternating current equipment and such to break first and the ground con-
record shall be kept in a book approved ductor last when being uncoupled when
by the Secretary. pilot check circuits are used.
§ 77.901 Protection of low- and me- § 77.902–1 Fail safe ground check cir-
dium-voltage three-phase circuits. cuits; maximum voltage.
(a) Low- and medium-voltage circuits The maximum voltage used for
supplying power to portable or mobile ground check circuits under § 77.902
three-phase alternating equipment shall not exceed 40 volts.
shall contain: § 77.902–2 Approved ground check sys-
(1) Either a direct or derived neutral tems not employing pilot check
grounded through a suitable resistor at wires.
the power source; Ground check systems not employing
(2) A grounding circuit originating at pilot check wires shall be approved by
the grounded side of the grounding re- the Secretary only after it has been de-
sistor which extends along with the termined that the system includes a
power conductors and serves as a fail safe design causing the circuit
grounding conductor for the frames of breaker to open when ground con-
all the electric equipment supplied tinuity is broken.
power from the circuit.
(b) Grounding resistors, where re- § 77.902–3 Attachment of ground con-
quired, shall be of an ohmic value ductors and ground check wires to
which limits the ground fault current equipment frames; use of separate
to no more than 25 amperes. Such connections.
grounding resistors shall be rated for In grounding the frames of sta-

maximum fault current continuously tionary, portable, or mobile equipment
711
§ 77.903 30 CFR Ch. I (7–1–20 Edition)
receiving power from resistance § 77.1000–1 Filing of plan.

grounded systems, separate connec- The operator shall file a copy of such
tions shall be used. plan, and revisions thereof, with the
§ 77.903 Disconnecting devices. MSHA Coal Mine Safety and Health
district office for the district in which
Disconnecting devices shall be in- the mine is located, and shall identify
stalled in circuits supplying power to the name and location of the mine; the
portable or mobile equipment and shall Mine Safety and Health Administra-
provide visual evidence that the power tion identification number if known;
is disconnected. and the name and address of the mine
§ 77.904 Identification of circuit break- operator.
ers. (Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C.
Circuit breakers shall be labeled to 3501 et seq.))
show which circuits they control un- [36 FR 9364, May 22, 1971, as amended at 60
less identification can be made readily FR 33723, June 29, 1995; 71 FR 16669, Apr. 3,
by location. 2006]
§ 77.905 Connection of single-phase § 77.1001 Stripping; loose material.

loads. Loose hazardous material shall be
Single-phase loads shall be connected stripped for a safe distance from the
phase-to-phase in resistance grounded top of pit or highwalls, and the loose
systems. unconsolidated material shall be sloped
to the angle of repose, or barriers, baf-
§ 77.906 Trailing cables supplying fle boards, screens, or other devices be
power to low-voltage mobile equip- provided that afford equivalent protec-
ment; ground wires and ground tion.
check wires.
On and after September 30, 1971, all § 77.1002 Box cuts; spoil material
trailing cables supplying power to port- placement.
able or mobile equipment from low- When box cuts are made, necessary
voltage three-phase resistance ground- precautions shall be taken to minimize
ed power systems shall contain one or the possibility of spoil material rolling
more ground conductors having a into the pit.
cross-sectional area of not less than
one-half the power conductor. Such § 77.1003 Benches.
trailing cables shall include an insu- To insure safe operation, the width
lated conductor for the ground con- and height of benches shall be governed
tinuity check circuit except where a no by the type of equipment to be used
less effective device has been approved and the operation to be performed.
by the Secretary to assure continuity.
Splices made in low-voltage trailing § 77.1004 Ground control; inspection
cables shall provide continuity of all and maintenance; general.
components. (a) Highwalls, banks, benches, and
terrain sloping into the working areas
Subpart K—Ground Control shall be examined after every rain,
freeze, or thaw before men work in
§ 77.1000 Highwalls, pits and spoil such areas, and such examination shall
banks; plans. be made and recorded in accordance
Each operator shall establish and fol- with § 77.1713.
low a ground control plan for the safe (b) Overhanging highwalls and banks
control of all highwalls, pits and spoil shall be taken down and other unsafe
banks to be developed after June 30, ground conditions shall be corrected
1971, which shall be consistent with promptly, or the area shall be posted.
prudent engineering design and will in-
sure safe working conditions. The min- § 77.1005 Scaling highwalls; general.
ing methods employed by the operator (a) Hazardous areas shall be scaled
shall be selected to insure highwall and before any other work is performed in
spoil bank stability. the hazardous area. When scaling of
712
highwalls is necessary to correct condi- safe platform is provided and safety

tions that are hazardous to persons in belts are used.
the area, a safe means shall be provided (d) Drill crews and others shall stay
for performing such work. clear of augers or drill stems that are
(b) Whenever it becomes necessary in motion. Persons shall not pass under
for safety to remove hazardous mate- or step over a moving stem or auger.
rial from highwalls by hand, the haz- (e) In the event of power failure, drill
ardous material shall be approached controls shall be placed in the neutral
from a safe direction and the material position until power is restored.
removed from a safe location. (f) When churn drills or vertical ro-
tary drills are used, drillers shall not
§ 77.1006 Highwalls; men working. be permitted to work under suspended
(a) Men, other than those necessary tools, and when collaring holes, in-
to correct unsafe conditions, shall not specting, or during any operation in
work near or under dangerous which tools are removed from the hole,
highwalls or banks. all tools shall be lowered to the ground
(b) Except as provided in paragraph or platform.
(c) of this section, men shall not work
between equipment and the highwall or § 77.1010 Collaring holes.
spoil bank where the equipment may (a) Starter steels shall be used when
hinder escape from falls or slides. collaring holes with hand-held drills.
(c) Special safety precautions shall (b) Men shall not hold the drill steel
be taken when men are required to per- while collaring holes, or rest their
form repair work between immobilized hands on the chuck or centralizer while
equipment and the highwall or spoil drilling.
bank and such equipment may hinder
escape from falls or slides. § 77.1011 Drill holes; guarding.
§ 77.1007 Drilling; general. Drill holes large enough to constitute
a hazard shall be covered or guarded.
(a) Equipment that is to be used dur-
ing a shift shall be inspected each shift § 77.1012 Jackhammers; operation;
by a competent person. Equipment de- safeguards.
fects affecting safety shall be reported.
Men operating or working near jack-
(b) Equipment defects affecting safe-
hammers or jackleg drills, or other
ty shall be corrected before the equip-
drilling machines shall position them-
ment is used.
selves so that they will not be struck
§ 77.1008 Relocation of drills; safe- or lose their balance if the drill steel
guards. breaks or sticks.
(a) When a drill is being moved from § 77.1013 Air drills; safeguards.
one drilling area to another, drill steel,
tools, and other equipment shall be se- Air shall be turned off and bled from
cured and the mast placed in a safe po- the air hoses before hand-held air drills
sition. are moved from one working area to
(b) When a drill helper is used his lo- another.
cation shall be made known to the op-
erator at all times when the drill is Subpart L—Fire Protection
being moved.
§ 77.1100 Fire protection; training and
§ 77.1009 Drill; operation. organization.
(a) While in operation drills shall be Firefighting facilities and equipment
attended at all times. shall be provided commensurate with
(b) Men shall not drill from positions the potential fire hazards at each
that hinder their access to the control structure, enclosure and other facility
levers, or from insecure footing or (including custom coal preparation) at
staging, or from atop equipment not the mine and the employees at such fa-
designed for this purpose. cilities shall be instructed and trained
(c) Men shall not be on a mast while annually in the use of such firefighting
the drill bit is in operation unless a facilities and equipment.
713
§ 77.1101 30 CFR Ch. I (7–1–20 Edition)
§ 77.1101 Escape and evacuation; plan. § 77.1104 Accumulations of combus-

tible materials.
(a) Before September 30, 1971, each
operator of a mine shall establish and Combustible materials, grease, lubri-
keep current a specific escape and cants, paints, or flammable liquids
evacuation plan to be followed in the shall not be allowed to accumulate
event of a fire. where they can create a fire hazard.
(b) All employees shall be instructed
§ 77.1105 Internal combustion engines;
on current escape and evacuation fueling.
plans, fire alarm signals, and applica-
ble procedures to be followed in case of Internal combustion engines, except
fire. diesels, shall be shut off and stopped
(c) Plans for escape and evacuation before being fueled.
shall include the designation and prop-
§ 77.1106 Battery-charging stations;
er maintenance of adequate means for ventilation.
exit from all areas where persons are
required to work or travel including Battery-charging stations shall be lo-
buildings and equipment and in areas cated in well-ventilated areas. Battery-
where persons normally congregate charging stations shall be equipped
during the work shift. with reverse current protection where
such stations are connected directly to
(Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C. direct current power systems.
3501 et seq.))
[36 FR 9364, May 22, 1971, as amended at 36 § 77.1107 Belt conveyors.
FR 13143, July 15, 1971; 60 FR 33723, June 29, Belt conveyors in locations where
1995] fire would create a hazard to personnel
shall be provided with switches to stop
§ 77.1102 Warning signs; smoking and the drive pulley automatically in the
open flame.
event of excessive slippage.
Signs warning against smoking and
open flames shall be posted so they can § 77.1108 Firefighting equipment; re-
be readily seen in areas or places where quirements; general.
fire or explosion hazards exist. On and after September 30, 1971, each
operator of a coal mine shall provide
§ 77.1103 Flammable liquids; storage. an adequate supply of firefighting
(a) Flammable liquids shall be stored equipment which is adapted to the size
in accordance with standards of the and suitable for use under the condi-
National Fire Protection Association. tions present on the surface at the
Small quantities of flammable liquids mine.
drawn from storage shall be kept in [36 FR 9364, May 22, 1971, as amended at 36
properly identified safety cans. FR 13143, July 15, 1971]
(b) Unburied flammable-liquid stor-
age tanks shall be mounted securely on § 77.1108–1 Type and capacity of fire-
firm foundations. Outlet piping shall be fighting equipment.
provided with flexible connections or Firefighting equipment required
other special fittings to prevent ad- under this § 77.1108 shall meet the fol-
verse effects from tank settling. lowing minimum requirements:
(c) Fuel lines shall be equipped with (a) Waterlines. Waterlines shall be ca-
valves to cut off fuel at the source and pable of delivering 50 gallons of water a
shall be located and maintained to minute at a nozzle pressure of 50
minimize fire hazards. pounds per square inch. Where storage
(d) Areas surrounding flammable-liq- tanks are used as a source of water
uid storage tanks and electric sub- supply, the tanks shall be of 1,000-gal-
stations and transformers shall be kept lon capacity for each 1,000 tons of coal
free from grass (dry), weeds, under- processed (average) per shift.
brush, and other combustible materials (b) Fire extinguishers. Fire extin-
such as trash, rubbish, leaves and guishers shall be:
paper, for at least 25 feet in all direc- (1) Of the appropriate type for the
tions. particular fire hazard involved;
714
(2) Adequate in number and size for shall be equipped with at least one
the particular fire hazard involved; portable fire extinguisher.
(3) Replaced immediately with fully (2) Power shovels, draglines, and
charged extinguishers after any dis- other large equipment shall be
charge is made from an extinguisher; equipped with at least one portable fire
and extinguisher; however, additional fire
(4) Approved by the Underwriter’s extinguishers may be required by an
Laboratories, Inc., or the Factory Mu- authorized representative of the Sec-
tual Research Corp., or other com- retary.
petent testing agency acceptable to the (3) Auxiliary equipment such as port-
Mine Safety and Health Administra- able drills, sweepers, and scrapers,
tion. when operated more than 600 feet from
(c) Fire hose. Fire hose and couplings equipment required to have portable
shall meet the requirements of the Un- fire extinguishers, shall be equipped
derwriter’s Laboratories, Inc., or Fac- with at least one fire extinguisher.
tory Mutual Research Corp.’s specifica- (d) Fire extinguishers shall be pro-
tions. Cotton or cotton-polyester jack- vided at permanent electrical installa-
eted hose shall be treated in accord- tions commensurate with the potential
ance with the U.S. Department of Agri- fire hazard at such installation in ac-
culture Forest Service Specification cordance with the recommendations of
182 for mildew resistance. The water the National Fire Protection Associa-
pressure at the hose nozzle shall not be tion.
excessively high so as to present a haz- (e) Two portable fire extinguishers,
ard to the nozzle operator. or the equivalent, shall be provided at
[36 FR 9364, May 22, 1971, as amended at 47 each of the following combustible liq-
FR 28096, June 29, 1982] uid storage installations:
(1) Near each above ground or
§ 77.1109 Quantity and location of fire- unburied combustible liquid storage
fighting equipment. station; and,
Preparation plants, dryer plants, tip- (2) Near the transfer pump of each
ples, drawoff tunnels, shops, and other buried combustible liquid storage tank.
surface installations shall be equipped (f) Vehicles transporting explosives
with the following firefighting equip- and blasting agents shall be equipped
ment. with fire protection as recommended in
(a) Each structure presenting a fire Code 495, section 20, National Fire Pro-
hazard shall be provided with portable tection Association Handbook, 12th
fire extinguishers commensurate with Edition, 1962.
the potential fire hazard at the struc-
ture in accordance with the rec- § 77.1110 Examination and mainte-
ommendations of the National Fire nance of firefighting equipment.
Protection Association. Firefighting equipment shall be con-
(b) Preparation plants shall be tinuously maintained in a usable and
equipped with waterlines, with outlet operative condition. Fire extinguishers
valves on each floor, and with suffi- shall be examined at least once every 6
cient fire hose to project a water months and the date of such examina-
stream to any point in the plant. How- tion shall be recorded on a permanent
ever, where freezing conditions exist or tag attached to the extinguisher.
water is not available, a 125-pound mul-
tipurpose dry powder extinguisher may (Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C.
be substituted for the purposes of this 3501 et seq.))
paragraph (b) for each 2,500 square feet [36 FR 9364, May 22, 1971, as amended at 60
of floor space in a wooden or other FR 33723, June 29, 1995]
flammable structure, or for each 5,000
square feet of floor space in a metal, § 77.1111 Welding, cutting, soldering;
concrete-block, or other type of non- use of fire extinguisher.
flammable construction. One portable fire extinguisher shall
(c)(1) Mobile equipment, including be provided at each location where
trucks, front-end loaders, bulldozers, welding, cutting, or soldering with arc

portable welding units, and augers, or flame is performed.
715
§ 77.1112 30 CFR Ch. I (7–1–20 Edition)
§ 77.1112 Welding, cutting, or soldering shown on overlays or tracings attached

with arc or flame; safeguards. to the mine maps;
(a) When welding, cutting, or sol- (g) All prospect drill holes that pene-
dering with arc or flame near combus- trate the coalbed or coalbeds being
tible materials, suitable precautions mined on the mine property;
shall be taken to insure that smol- (h) All auger and strip mined areas of
dering metal or sparks do not result in the coalbed or coalbeds being mined on
a fire. the mine property together with the
(b) Before welding, cutting, or sol- line of maximum depth of holes drilled
dering is performed in areas likely to during auger mining operations.
contain methane, an examination for (i) All worked out and abandoned
methane shall be made by a qualified areas;
person with a device approved by the (j) The location of railroad tracks
Secretary for detecting methane. Ex- and public highways leading to the
aminations for methane shall be made mine, and mine buildings of a perma-
immediately before and periodically nent nature with identifying names
during welding, cutting, or soldering shown;
and such work shall not be permitted (k) Underground mine workings un-
to commence or continue in air which derlying and within 1,000 feet of the ac-
contains 1.0 volume per centum or tive areas of the mine;
more of methane. (l) The location and description of at
least two permanent base line points,
and the location and description of at
Subpart M—Maps least two permanent elevation bench
§ 77.1200 Mine map. marks used in connection with estab-
lishing or referencing mine elevation
The operator shall maintain an accu- surveys; and,
rate and up-to-date map of the mine, (m) The scale of the map.
on a scale of not less than 100 nor more
than 500 feet to the inch, at or near the § 77.1201 Certification of mine maps.
mine, in an area chosen by the mine
Mine maps shall be made or certified
operator, with a duplicate copy on file
by an engineer or surveyor registered
at a separate and distinct location, to
by the State in which the mine is lo-
minimize the danger of destruction by
cated.
fire or other hazard. The map shall
show: § 77.1202 Availability of mine map.
(a) Name and address of the mine;
(b) The property or boundary lines of The mine map maintained in accord-
the active areas of the mine; ance with the provisions of § 77.1200
shall be available for inspection by the
(c) Contour lines passing through
Secretary or his authorized representa-
whole number elevations of the coalbed
tive.
being mined. The spacing of such lines
shall not exceed 25-foot elevation lev-
els, except that a broader spacing of Subpart N—Explosives and
contour lines may be approved by the Blasting
District Manager for steeply pitching
coalbeds. Contour lines may be placed § 77.1300 Explosives and blasting.
on overlays or tracings attached to (a) No explosives, blasting agent, det-
mine maps. onator, or any other related blasting
(d) The general elevation of the coal- device or material shall be stored,
bed or coalbeds being mined, and the transported, carried, handled, charged,
general elevation of the surface; fired, destroyed, or otherwise used, em-
(e) Either producing or abandoned oil ployed or disposed of by any person at
and gas wells located on the mine prop- a coal mine except in accordance with
erty; the provisions of §§ 77.1301 through
(f) The location and elevation of any 77.1304, inclusive.
body of water dammed or held back in (b) The term ‘‘explosives’’ as used in
any portion of the mine: Provided, how- this Subpart N includes blasting
ever, Such bodies of water may be agents. The standards in this Subpart
716
N in which the term ‘‘explosives’’ ap- (h) Ammonium nitrate-fuel oil blast-
pears are applicable to blasting agents ing agents shall be physically sepa-
(as well as to other explosives) unless rated from other explosives, safety
blasting agents are expressly excluded. fuse, or detonating cord stored in the
same magazine and in such a manner
§ 77.1301 Explosives; magazines. that oil does not contaminate the
(a) Detonators and explosives other other explosives, safety fuse or deto-
than blasting agents shall be stored in nating cord.
magazines.
(b) Detonators shall not be stored in § 77.1302 Vehicles used to transport
the same magazine with explosives. explosives.
(c) Magazines other than box type (a) Vehicles used to transport explo-
shall be: sives, other than blasting agents, shall
(1) Located in accordance with the have substantially constructed bodies,
current American Table of Distances no sparking metal exposed in the cargo
for storage of explosives. space, and shall be equipped with suit-
(2) Detached structures located away
able sides and tail gates; explosives
from powerlines, fuel storage areas,
shall not be piled higher than the side
and other possible sources of fire.
or end.
(3) Constructed substantially of non-
combustible material or covered with (b) Vehicles containing explosives or
fire-resistant material. detonators shall be maintained in good
(4) Reasonably bullet resistant. condition and shall be operated at a
(5) Electrically bonded and grounded safe speed and in accordance with all
if constructed of metal. safe operating practices.
(6) Made of nonsparking materials on (c) Vehicles containing explosives or
the inside, including floors. detonators shall be posted with proper
(7) Provided with adequate and effec- warning signs.
tively screened ventilation openings (d) Other materials or supplies shall
near the floor and ceiling. not be placed on or in the cargo space
(8) Kept locked securely when unat- of a conveyance containing explosives,
tended. detonating cord or detonators, except
(9) Posted with suitable danger signs for safety fuse and except for properly
so located that a bullet passing secured nonsparking equipment used
through the face of a sign will not expressly in the handling of such explo-
strike the magazine. sives, detonating cord or detonators.
(10) Used exclusively for storage of (e) Explosives and detonators shall be
explosives or detonators and kept free transported in separate vehicles unless
of all extraneous materials. separated by 4 inches of hardwood or
(11) Kept clean and dry in the inte- the equivalent.
rior, and in good repair. (f) Explosives or detonators shall be
(12) Unheated, unless heated in a transported promptly without undue
manner that does not create a fire or delays in transit.
explosion hazard.
(g) Explosives or detonators shall be
(d) Box-type magazines used to store
transported at times and over routes
explosives or detonators in work areas
that expose a minimum number of per-
shall be constructed with only non-
sons.
sparking material inside and equipped
with covers or doors and shall be lo- (h) Only the necessary attendants
cated out of the line of blasts. shall ride on or in vehicles containing
(e) Secondary and box-type maga- explosives or detonators.
zines shall be suitably labeled. (i) Vehicles shall be attended, when-
(f) Detonator-storage magazines shall ever practical and possible, while load-
be separated by at least 25 feet from ex- ed with explosives or detonators.
plosive-storage magazines. (j) When vehicles containing explo-
(g) Cases or boxes containing explosives or detonators are parked, the
sives shall not be stored in magazines brakes shall be set, the motive power
on their ends or sides nor stacked more shut off, and the vehicles shall be
than 6 feet high. blocked securely against rolling.
717
§ 77.1303 30 CFR Ch. I (7–1–20 Edition)
(k) Vehicles containing explosives or (l) Only wooden or other nonsparking

detonators shall not be taken to a re- implements shall be used to punch
pair garage or shop for any purpose. holes in an explosive cartridge.
(m) Tamping poles shall be blunt and
§ 77.1303 Explosives, handling and use. squared at one end and made of wood,
(a) Persons who use or handle explo- nonsparking material, or of special
sives or detonators shall be experienced plastic acceptable to the Mine Safety
men who understand the hazards in- and Health Administration.
volved; trainees shall do such work (n) Delay connectors for firing deto-
only under the supervision of and in nating cord shall be treated and han-
the immediate presence of experienced dled with the same safety precautions
men. as blasting caps and electric deto-
(b) Blasting operations shall be under nators.
the direct control of authorized per- (o) Capped primers shall be made up
sons. at the time of charging and as close to
(c) Substantial nonconductive closed the blasting site as conditions allow.
containers shall be used to carry explo- (p) A capped primer shall be prepared
sives, other than blasting agents to the so that the detonator is contained se-
blasting site. curely and is completely embedded
(d) Damaged or deteriorated explo- within the explosive cartridge.
sives or detonators shall be destroyed (q) No tamping shall be done directly
in a safe manner. on a capped primer.
(e) Where electric blasting is to be (r) Detonating cord shall not be used
performed, electric circuits to equip- if it has been kinked, bent, or other-
ment in the immediate area to be wise handled in such a manner that the
blasted shall be deenergized before ex- train of detonation may be interrupted.
plosives or detonators are brought into (s) Fuse shall not be used if it has
the area; the power shall not be turned been kinked, bent sharply, or handled
on again until after the shots are fired. roughly in such a manner that the
(f) Explosives shall be kept separated train of deflagration may be inter-
from detonators until charging is rupted.
started. (t) Blasting caps shall be crimped to
(g) Areas in which charged holes are fuses only with implements designed
awaiting firing shall be guarded, or for that specific purpose.
barricaded and posted, or flagged (u) When firing from 1 to 15 blast-
against unauthorized entry. holes with safety fuse ignited individ-
(h) Ample warning shall be given be- ually using hand-held lighters, the
fore blasts are fired. All persons shall fuses shall be of such lengths to pro-
be cleared and removed from the blast- vide the minimum burning time speci-
ing area unless suitable blasting shel- fied in the following table for a par-
ters are provided to protect men endan- ticular size round:
gered by concussion or flyrock from
blasting. Minimum
burning
(i) Lead wires and blasting lines shall Number of holes in a round time, min-
not be strung across power conductors, utes
pipelines, railroad tracks, or within 20 1 ........................................................................... 2
feet of bare powerlines. They shall be 2 to 5 ................................................................... 22⁄3
protected from sources of static or 6 to 10 ................................................................. 31⁄3
other electrical contact. 11 to 15 ............................................................... 5
(j) For the protection of underground
workers, special precautions shall be In no case shall any 40-second-per-foot
taken when blasting in close proximity safety fuse less than 36 inches long or
to underground operations, and no any 30-second-per-foot safety fuse less
blasting shall be done that would be than 48 inches long be used.
hazardous to persons working under- (v) The burning rate of the safety
ground. fuse in use at any time shall be meas-
(k) Holes shall not be drilled where ured, posted in conspicuous locations,
there is danger of intersecting a and brought to the attention of all men

charged or misfired hole. concerned with blasting.
718
(w) Electric detonators of different (jj) The key or other control to an

brands shall not be used in the same electrical firing device shall be en-
round. trusted only to the person designated
(x) Adequate priming shall be em- to fire the round or rounds.
ployed to guard against misfires, in- (kk) If branch circuits are used when
creased toxic fumes, and poor perform- blasts are fired from power circuits,
ance. safety switches located at safe dis-
(y) Except when being tested with a tances from the blast areas shall be
blasting galvanometer: provided in addition to the main blast-
(1) Electric detonators shall be kept ing switch.
shunted until they are being connected (ll) Misfires shall be reported to the
to the blasting line or wired into a proper supervisor and shall be disposed
blasting round. of safely before any other work is per-
(2) Wired rounds shall be kept shunt- formed in that blasting area.
ed until they are being connected to (mm) When safety fuse has been used,
the blasting line. men shall not return to misfired holes
(3) Blasting lines shall be kept shunt- for at least 30 minutes.
ed until immediately before blasting. (nn) When electric blasting caps have
(z) Completely wired rounds shall be been used, men shall not return to mis-
tested with a blasting galvanometer fired holes for at least 15 minutes.
before connections are made to the (oo) If explosives are suspected of
blasting line. burning in a hole, all persons in the en-
(aa) Permanent blasting lines shall dangered area shall move to a safe lo-
be properly supported, insulated, and cation and no one should return to the
kept in good repair. hole until the danger has passed, but in
(bb) At least a 5-foot airgap shall be no case within 1 hour.
provided between the blasting circuit (pp) Blasted areas shall be examined
and the power circuit. for undetonated explosives after each
(cc) When instantaneous blasting is blast and undetonated explosives found
performed, the double-trunkline or shall be disposed of safely.
loop system shall be used in deto- (qq) Blasted areas shall not be reen-
nating-cord blasting. tered by any person after firing until
(dd) When instantaneous blasting is such time as concentrations of smoke,
performed, trunklines, in multiple-row dust, or fumes have been reduced to
blasts, shall make one or more com- safe limits.
plete loops, with crossties between (rr) In secondary blasting, if more
loops at intervals of not over 200 feet. than one shot is to be fired at one time,
(ee) All detonating cord knots shall blasting shall be done electrically or
be tight and all connections shall be with detonating cord.
kept at right angles to the trunklines. (ss) Unused explosives and detonators
(ff) Power sources shall be suitable shall be moved to a safe location as
for the number of electrical detonators soon as charging operations are com-
to be fired and for the type of circuits pleted.
used. (tt) When electric detonators are
(gg) Electric circuits from the blast- used, charging shall be stopped imme-
ing switches to the blast area shall not diately when the presence of static
be grounded. electricity or stray currents is de-
(hh) Safety switches and blasting tected; the condition shall be remedied
switches shall be labeled, encased in before charging is resumed.
boxes, and arranged so that the covers (uu) When electric detonators are
of the boxes cannot be closed with the used, charging shall be suspended and
switches in the through-circuit or fir- men withdrawn to a safe location upon
ing position. the approach of an electrical storm.
(ii) Blasting switches shall be locked
in the open position, except when § 77.1304 Blasting agents; special pro-
closed to fire the blast. Lead wires visions.
shall not be connected to the blasting (a) Sensitized ammonium nitrate
switch until the shot is ready to be blasting agents, and the components
fired. thereof prior to mixing, shall be mixed
719
§ 77.1400 30 CFR Ch. I (7–1–20 Edition)
and stored in accordance with the rec- § 77.1402 Rated capacity.

ommendations in Bureau of Mines In- Hoists and elevators shall have rated
formation Circular 8179, ‘‘Safety Rec- capacities consistent with the loads
ommendations for Sensitized Ammo- handled.
nium Nitrate Blasting Agents,’’ or sub-
sequent revisions. (Sec. 101, Federal Mine Safety and Health
Act of 1977, Pub. L. 91–173 as amended by
(b) Where pneumatic loading is em- Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811))
ployed, before any type of blasting op-
[48 FR 53241, Nov. 25, 1983]
eration using blasting agents is put
into effect, an evaluation of the poten- § 77.1402–1 Maximum load; posting.
tial hazard of static electricity shall be
made. Adequate steps, including the The operator shall designate the
maximum number of men permitted to
grounding and bonding of the conduc-
ride on each hoist or elevator at one
tive parts of pneumatic loading equip-
time; this limit shall be posted on each
ment, shall be taken to eliminate the elevator and on each landing.
hazard of static electricity before
blasting agent use is commenced. [36 FR 9364, May 22, 1971. Redesignated at 48
FR 53241, Nov. 25, 1983]
(c) Pneumatic loading equipment
shall not be grounded to waterlines, § 77.1403 Daily examination of hoisting
airlines, rails, or the permanent elec- equipment.
trical grounding systems.
Hoists and elevators shall be exam-
(d) Hoses used in connection with ined daily and such examinations shall
pneumatic loading machines shall be of include, but not be limited to, the fol-
the semiconductive type, having a lowing:
total resistance low enough to permit (a) Elevators. (1) A visual examination
the dissipation of static electricity and of the ropes for wear, broken wires, and
high enough to limit the flow of stray corrosion, especially at excessive
electric currents to a safe level. Wire- strain points such as near the attach-
countered hose shall not be used be- ments and where the rope rests on the
cause of the potential hazard from sheaves;
stray electric currents. (2) An examination of the elevator
for loose, missing or defective parts;
Subpart O—Personnel Hoisting (b) Hoists and elevators. (1) An exam-
ination of the rope fastenings for de-
§ 77.1400 Personnel hoists and ele- fects;
vators. (2) An examination of sheaves for
broken flanges, defective bearings, rope
Except as provided in § 77.1430, the
alignment, and proper lubrication; and
sections in this Subpart O apply only (3) An examination of the automatic
to hoists and elevators, together with controls and brakes required under
their appurtenances, that are used for § 77.1401.
hoisting persons.
(Sec. 101, Federal Mine Safety and Health
(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91–173 as amended by
Act of 1977, Pub. L. 91–173 as amended by Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811)
Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811))
[48 FR 53241, Nov. 25, 1983]
[48 FR 53241, Nov. 25, 1983]
§ 77.1404 Certifications and records of
§ 77.1401 Automatic controls and daily examinations.
brakes. At the completion of each daily ex-
Hoists and elevators shall be amination required by § 77.1403, the per-
equipped with overspeed, overwind, and son making the examination shall cer-
automatic stop controls and with tify, by signature and date, that the
brakes capable of stopping the elevator examination has been made. If any un-
when fully loaded. safe condition is found during the ex-
aminations required by § 77.1403, the
person conducting the examination

shall make a record of the condition
720
and the date. Certifications and records (b) Friction drum ropes.
shall be retained for one year. For rope lengths less than 4,000 feet:
(Sec. 101, Federal Mine Safety and Health Minimum Value = Static Load ×
Act of 1977, Pub. L. 91–173 as amended by (7.0¥0.0005L)
Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811)) For rope lengths 4,000 feet or greater:
Minimum Value = Static Load × 5.0
FR 33723, June 29, 1995] (c) Tail ropes (balance ropes).
§ 77.1405 Operation of hoisting equip- Minimum Value = Weight of Rope × 7.0

ment after repairs. [48 FR 53241, Nov. 25, 1983; 48 FR 54975, Dec.
Empty conveyances shall be operated 8, 1983]
at least one round trip before hoisting § 77.1432 Initial measurement.
persons after any repairs.
After initial rope stretch but before
(Sec. 101, Federal Mine Safety and Health visible wear occurs, the rope diameter
Act of 1977, Pub. L. 91–173 as amended by
of newly installed wire ropes shall be
Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811))
measured at least once in every third
[48 FR 53241, Nov. 25, 1983] interval of active length and the meas-
urements averaged to establish a base-
WIRE ROPES line for subsequent measurements. A
record of the measurements and the
AUTHORITY: Sections 77.1430 through 77.1438
date shall be made by the person tak-
issued under sec. 101, Federal Mine Safety
and Health Act of 1977, Pub. L. 91–173 as ing the measurements. This record
amended by Pub. L. 95–164, 91 Stat. 1291 (30 shall be retained until the rope is re-
U.S.C. 811). tired from service.
SOURCE: Sections 77.1430 through 77.1438 ap- [48 FR 53241, Nov. 25, 1983, as amended at 60
pear at 48 FR 53241, Nov. 25, 1983, unless oth- FR 33723, June 29, 1995]
erwise noted.
§ 77.1433 Examinations.
§ 77.1430 Wire ropes; scope. (a) At least once every fourteen cal-
(a) Sections 77.1431 through 77.1438 endar days, each wire rope in service
apply to wire ropes in service used to shall be visually examined along its en-
hoist— tire active length for visible structural
(1) Persons in shafts and slopes un- damage, corrosion, and improper lubri-
derground; cation or dressing. In addition, visual
(2) Persons with an incline hoist on examination for wear and broken wires
the surface; or shall be made at stress points, includ-
(3) Loads in shaft or slope developing the area near attachments, where
ment when persons work below sus- the rope rests on sheaves, where the
pended loads. rope leaves the drum, at drum cross-
(b) These standards do not apply to overs, and at change-of-layer regions.
wire ropes used for elevators. When any visible condition that results
in a reduction of rope strength is
§ 77.1431 Minimum rope strength. present, the affected portion of the
At installation, the nominal strength rope shall be examined on a daily basis.
(manufacturer’s published catalog (b) Before any person is hoisted with
strength) of wire ropes used for hoist- a newly installed wire rope or any wire
ing shall meet the minimum rope rope that has not been examined in the
strength values obtained by the fol- previous fourteen calendar days, the
lowing formulas in which ‘‘L’’ equals wire rope shall be examined in accord-
the maximum suspended rope length in ance with paragraph (a) of this section.
feet: (c) At least once every six months,
(a) Winding drum ropes (all construc- nondestructive tests shall be conducted
tions, including rotation resistant). of the active length of the rope, or rope
diameter measurements shall be
For rope lengths less than 3,000 feet:
Minimum Value = Static Load × made—
(1) Wherever wear is evident;
(7.0¥0.001L)
For rope lengths 3,000 feet or greater: (2) Where the hoist rope rests on
Minimum Value = Static Load × 4.0 sheaves at regular stopping points;
721
§ 77.1434 30 CFR Ch. I (7–1–20 Edition)
(3) Where the hoist rope leaves the 80 percent of the nominal strength of
drum at regular stopping points; and the rope.
(4) At drum crossover and change-of- (b) Except for terminations where use
layer regions. of other materials is a design feature,
(d) At the completion of each exam- zinc (spelter) shall be used for
ination required by paragraph (a) of socketing wire ropes. Design feature
this section, the person making the ex- means either the manufacturer’s origi-
amination shall certify, by signature nal design or a design approved by a
and date, that the examination has registered professional engineer.
been made. If any condition listed in (c) Load end attachment methods
paragraph (a) of this standard is using splices are prohibited.
present, the person conducting the ex-
§ 77.1436 Drum end attachment.
amination shall make a record of the
condition and the date. Certifications (a) For drum end attachment, wire
and records of examinations shall be rope shall be attached—
retained for one year. (1) Securely by clips after making
(e) The person making the measure- one full turn around the drum spoke;
ments or nondestructive tests as re- (2) Securely by clips after making
quired by paragraph (c) of this section one full turn around the shaft, if the
shall record the measurements or test drum is fixed to the shaft; or
results and the date. This record shall (3) By properly assembled anchor
be retained until the rope is retired bolts, clamps, or wedges, provided that
from service. the attachment is a design feature of
the hoist drum. Design feature means
[48 FR 53241, Nov. 25, 1983; 48 FR 54975, Dec. either the manufacturer’s original de-
8, 1983, 60 FR 33723, June 29, 1995] sign or a design approved by a reg-
istered professional engineer.
§ 77.1434 Retirement criteria.
(b) A minimum of three full turns of
Unless damage or deterioration is re- wire rope shall be on the drum when
moved by cutoff, wire ropes shall be re- the rope is extended to its maximum
moved from service when any of the working length.
following conditions occurs:
(a) The number of broken wires with- § 77.1437 End attachment retermi-
in a rope lay length, excluding filler nation.
wires, exceeds either— Damaged or deteriorated wire rope
(1) Five percent of the total number shall be removed by cutoff and the rope
of wires; or reterminated where there is—
(2) Fifteen percent of the total num- (a) More than one broken wire at an
ber of wires within any strand; attachment;
(b) On a regular lay rope, more than (b) Improper installation of an at-
one broken wire in the valley between tachment;
strands in one rope lay length; (c) Slippage at an attachment; or
(c) A loss of more than one-third of (d) Evidence of deterioration from
the original diameter of the outer corrosion at an attachment.
wires;
(d) Rope deterioration from corro- § 77.1438 End attachment replacement.
sion; Wire rope attachments shall be re-
(e) Distortion of the rope structure; placed when cracked, deformed, or ex-
(f) Heat damage from any source; cessively worn.
(g) Diameter reduction due to wear
that exceeds six percent of the baseline Subpart P—Auger Mining
diameter measurement; or
(h) Loss of more than ten percent of § 77.1500 Auger mining; planning.
rope strength as determined by non- Auger mining shall be planned and
destructive testing. conducted by the operator to insure
against any hazard to underground
§ 77.1435 Load end attachments. workings located at or near such auger
(a) Wire rope shall be attached to the operations and all auger holes shall be
load by a method that develops at least located so as to prevent:
722
(a) The disruption of the ventilation auger hole in which tests for methane
system of any active underground or oxygen deficiency are being made.
mine;
(b) Inundation hazards from surface § 77.1502 Auger holes; restriction
water entering any active underground against entering.
mine; No person shall be permitted to enter
(c) Damage to the roof and ribs of ac- an auger hole except with the approval
tive underground workings; and of the MSHA Coal Mine Safety and
(d) Intersection of auger holes with Health District Manager of the district
underground mine workings known to in which the mine is located and under
contain dangerous quantities of im- such conditions as may be prescribed
pounded water. by such managers.
§ 77.1501 Auger mining; inspections.
FR 16669, Apr. 3, 2006]
(a) The face of all highwalls, to a dis-
tance of 25 feet on both sides of each § 77.1503 Augering equipment; over-
drilling site, shall be inspected by a head protection.
certified person before any augering (a) Auger machines which are ex-
operation is begun, and at least once posed to highwall hazards, together
during each coal producing shift and with all those parts of any coal ele-
all loose material shall be removed vating conveyors where persons are re-
from the drilling site before persons quired to work during augering oper-
are permitted to enter the drilling ations, shall be covered with heavy
area. The results of all such inspec- gage screen which does not obstruct
tions shall be recorded daily in a book the view of the highwall and is strong
approved by the Secretary. enough to prevent injuries to workmen
(b) In addition, the face of all from falling material.
highwalls, to a distance of 25 feet on (b) No work shall be done under any
both sides of each drilling site, shall be overhang and, when a crew is engaged
inspected frequently by a certified per- in connecting or disconnecting auger
son during any auger operation con- sections under a highwall, at least one
ducted either during or after a heavy person shall be assigned to observe the
rainfall or during any period of inter- highwall for possible movement.
mittent freezing and thawing and the
results of such inspections shall be re- § 77.1504 Auger equipment; operation.
corded as provided in paragraph (a) of
this section. (a) Persons shall be kept clear of the
auger train while it is in motion and
(c) When an auger hole penetrates an
shall not be permitted to pass under or
abandoned or mined out area of an un-
over an auger train, except where ade-
derground mine, tests for methane and
quate crossing facilities are provided.
oxygen deficiency shall be made at the
collar of the hole by a qualified person (b) Persons shall be kept clear of
using devices approved by the Sec- auger sections being swung into posi-
retary to determine if dangerous quan- tion.
tities of methane or oxygen-deficient (c) No person, including the auger
air are present or being emitted. If machine operator, shall, where prac-
such is found no further work shall be ticable, be stationed in direct line with
performed until the atmosphere has a borehole during augering operations.
been made safe. (d) Operator of auger equipment shall
(d) Tests for oxygen deficiency shall not leave the controls of such equip-
be conducted with a permissible flame ment while the auger is in operation.
safety lamp or other means approved (e) Adequate illumination shall be
by the Secretary and all tests for provided for work areas after dark.
methane shall be conducted with a
methane detector approved by the Sec- § 77.1505 Auger holes; blocking.
retary. Auger holes shall be blocked with
(e) Internal combustion engines shall highwall spoil or other suitable mate-
not be operated in the vicinity of any rial before they are abandoned.
723
§ 77.1600 30 CFR Ch. I (7–1–20 Edition)
Subpart Q—Loading and Haulage § 77.1603 Trains and locomotives; au-

thorized persons.
§ 77.1600 Loading and haulage; gen- (a) Only authorized persons shall be
eral. permitted to ride on trains or loco-
(a) Only authorized persons shall be motives and they shall ride in a safe
permitted on haulage roads and at position.
loading or dumping locations. (b) Men shall not get on or off mov-
(b) Traffic rules, signals, and warning ing equipment, except that trainmen
signs shall be standardized at each may get on or off of slowly moving
mine and posted. trains.
(c) Where side or overhead clearances § 77.1604 Transportation of persons;
on any haulage road or at any loading overcrowding.
or dumping location at the mine are
hazardous to mine workers, such areas (a) No man-trip vehicle or other con-
veyance used to transport persons to
shall be conspicuously marked and
and from work areas at surface coal
warning devices shall be installed when
mines shall be overcrowded and all per-
necessary to insure the safety of the sons shall ride in a safe position.
workers. (b) Supplies, materials, and tools
§ 77.1601 Transportation of persons; other than small handtools shall not be
restrictions. transported with men in man-trip vehi-
cles unless such vehicles are specifi-
No person shall be permitted to ride cally designed to make such transpor-
or be otherwise transported on or in tation safe.
the following equipment whether load-
ed or empty: § 77.1605 Loading and haulage equip-
(a) Dippers, shovels, buckets, forks, ment; installations.
and clamshells; (a) Cab windows shall be of safety
(b) The cargo space of dump trucks or glass or equivalent, in good condition
haulage equipment used to transport and shall be kept clean.
coal or other material; (b) Mobile equipment shall be
(c) Outside the cabs and beds of mo- equipped with adequate brakes, and all
bile equipment; trucks and front-end loaders shall also
(d) Chain, belt, or bucket conveyors, be equipped with parking brakes.
except where such conveyors are spe- (c) Positive-action type brakes shall
cifically designed to transport persons; be provided on aerial tramways.
and (d) Mobile equipment shall be pro-
vided with audible warning devices.
(e) Loaded buckets on aerial tram-
Lights shall be provided on both ends
ways.
when required.
§ 77.1602 Use of aerial tramways to (e) Guard nets or other suitable pro-
transport persons. tection shall be provided where tram-
ways pass over roadways, walkways, or
Persons other than maintenance men buildings.
shall not ride empty buckets on aerial (f) Guards shall be installed to pre-
tramways unless the following features vent swaying buckets from hitting
are provided: towers.
(a) Two independent brakes, each ca- (g) Aerial tramway cable connections
pable of holding the maximum load. shall be designed to offer minimum ob-
(b) Direct communication between struction to the passage of wheels.
terminals. (h) Rocker-bottom or bottom-dump
(c) Power drives with emergency cars shall be equipped with positive
power available in case of primary locking devices, or other suitable de-
power failure. vices.
(d) Buckets equipped with positive (i) Ramps and dumps shall be of solid
construction, of ample width, have
locks to prevent accidental tripping or

dumping. ample clearance and headroom, and be
kept reasonably free of spillage.
724
(j) Chute-loading installations shall (c) Equipment defects affecting safe-

be designed so that the men pulling ty shall be corrected before the equip-
chutes are not required to be in a haz- ment is used.
ardous position during loading oper-
ations. § 77.1607 Loading and haulage equip-
(k) Berms or guards shall be provided ment; operation.
on the outer bank of elevated road- (a) Vehicles shall follow at a safe dis-
ways. tance; passing shall be limited to areas
(l) Berms, bumper blocks, safety of adequate clearance and visibility.
hooks, or similar means shall be pro- (b) Mobile equipment operators shall
vided to prevent overtravel and over- have full control of the equipment
turning at dumping locations. while it is in motion.
(m) Roadbeds, rails, joints, switches, (c) Equipment operating speeds shall
frogs, and other elements on railroads be prudent and consistent with condi-
shall be designed, installed, and main- tions of roadway, grades, clearance,
tained in a safe manner consistent with visibility, traffic, and the type of
the speed and type of haulage. equipment used.
(n) Where practicable, a minimum of (d) Cabs of mobile equipment shall be
30 inches continuous clearance from kept free of extraneous materials.
the farthest projection of moving rail-
(e) Operators shall sit facing the di-
road equipment shall be provided on at
rection of travel while operating equip-
least one side of the tracks; all places
ment with dual controls.
where it is not possible to provide 30-
(f) When an equipment operator is
inch clearance shall be marked con-
present, men shall notify him before
spicuously.
getting on or off equipment.
(o) Track guardrails, lead rails, and
frogs shall be protected or blocked so (g) Equipment operators shall be cer-
as to prevent a person’s foot from be- tain, by signal or other means, that all
coming wedged. persons are clear before starting or
(p) Positive-acting stop-blocks, derail moving equipment.
devices, track skates, or other ade- (h) Where possible, aerial tramways
quate means shall be installed wher- shall not be started until the tramway
ever necessary to protect persons from operator has ascertained that everyone
runaway or moving railroad equip- is in the clear.
ment. (i) Dust control measures shall be
(q) Switch throws shall be installed taken where dust significantly reduces
so as to provide adequate clearance for visibility of equipment operators.
switchmen. (j) Dippers, buckets, loading booms,
(r) Where necessary, bumper blocks or heavy suspended loads shall not be
or the equivalent shall be provided at swung over the cabs of haulage vehicles
all track dead ends. until the drivers are out of the cabs
and in safe locations, unless the trucks
§ 77.1606 Loading and haulage equip- are designed specifically to protect the
ment; inspection and maintenance. drivers from falling material.
(a) Mobile loading and haulage equip- (k) Men shall not work or pass under
ment shall be inspected by a competent the buckets or booms of loaders in op-
person before such equipment is placed eration.
in operation. Equipment defects affect- (l) Tires shall be deflated before re-
ing safety shall be recorded and repairs on them are started and adequate
ported to the mine operator. means shall be provided to prevent
(b) Carriers on aerial tramways, in- wheel locking rims from creating a
cluding loading and unloading mecha- hazard during tire inflation.
nisms, shall be inspected each shift; (m) Electrically powered mobile
brakes shall be inspected daily; ropes equipment shall not be left unattended
and supports shall be inspected as rec- unless the master switch is in the off
ommended by the manufacturer or as position, all operating controls are in
physical conditions warrant. Equip- the neutral position, and the brakes
ment defects affecting safety shall be are set or other equivalent precautions
reported to the mine operator. are taken against rolling.
725
§ 77.1608 30 CFR Ch. I (7–1–20 Edition)
(n) Mobile equipment shall not be check to make certain that all persons
left unattended unless the brakes are are in the clear before starting the con-
set. The wheels shall be turned into a veyor. When the entire length of the
bank or berm, or shall be blocked, conveyor is not visible from the start-
when such equipment is parked on a ing switch, a positive audible or visible
grade. warning system shall be installed and
(o) Lights, flares, or other warning operated to warn persons that the con-
devices shall be posted when parked veyor will be started.
equipment creates a hazard to vehic- (cc) Unguarded conveyors with walk-
ular traffic. ways shall be equipped with emergency
(p) Dippers, buckets, scraper blades, stop devices or cords along their full
and similar movable parts shall be se- length.
cured or lowered to the ground when (dd) Adequate backstops or brakes
not in use. shall be installed on inclined-conveyor
(q) Shovel trailing cables shall not be drive units to prevent conveyors from
moved with the shovel dipper unless running in reverse if a hazard to per-
cable slings or sleds are used. sonnel would be caused.
(r) Equipment which is to be hauled (ee) Aerial tram conveyor buckets
shall be loaded and protected so as to shall not be overloaded, and feed shall
prevent sliding or spillage. be regulated to prevent spillage.
(s) When moving between work areas,
the equipment shall be secured in the § 77.1608 Dumping facilities.
travel position. (a) Dumping locations and haulage
(t) Any load extending more than 4 roads shall be kept reasonably free of
feet beyond the rear of the vehicle body water, debris, and spillage.
should be marked clearly with a red (b) Where the ground at a dumping
flag by day and a red light at night. place may fail to support the weight of
(u) Tow bars shall be used to tow a loaded dump truck, trucks shall be
heavy equipment and a safety chain dumped a safe distance back from the
shall be used in conjunction with each edge of the bank.
tow bar. (c) Adequate protection shall be pro-
(v) Railroad cars shall be kept under vided at dumping locations where per-
control at all times by the car dropper. sons may be endangered by falling ma-
Cars shall be dropped at a safe rate and terial.
in a manner that will insure that the (d) Grizzlies, grates, and other sizing
car dropper maintains a safe position devices at dump and transfer points
while working and traveling around shall be anchored securely in place.
the cars. (e) If truck spotters are used, they
(w) Railroad cars shall not be coupled shall be well in the clear while trucks
or uncoupled manually from the inside are backing into dumping position and
of curves unless the railroad and cars dumping; lights shall be used at night
are so designed to eliminate any hazard to direct trucks.
from coupling or uncoupling cars from
inside of curves. Subpart R—Miscellaneous
(x) Persons shall wear safety belts
when dropping railroad cars. § 77.1700 Communications in work
(y) Railcars shall not be left on areas.
sidetracks unless ample clearance is No employee shall be assigned, or al-
provided for traffic on adjacent tracks. lowed, or be required to perform work
(z) Parked railcars, unless held effec- alone in any area where hazardous con-
tively by brakes, shall be blocked se- ditions exist that would endanger his
curely. safety unless he can communicate with
(aa) Railroad cars and all trucks others, can be heard, or can be seen.
shall be trimmed properly when they
have been loaded higher than the con- § 77.1701 Emergency communications;
fines of their cargo space. requirements.
(bb) When the entire length of a con- (a) Each operator of a surface coal
veyor is visible from the starting mine shall establish and maintain a
switch, the operator shall visually communication system from the mine
726
to the nearest point of medical assist- under the provisions of paragraphs (a)
ance for use in an emergency. and (b) of this section, or immediately
(b) The emergency communication after any change, of such agreement,
system required to be maintained post at appropriate places at the mine
under paragraph (a) of this section may the names, titles, addresses, and tele-
be established by telephone or radio phone numbers of all persons or serv-
transmission or by any other means of ices currently available under such ar-
prompt communication to any facility rangements to provide medical assist-
(for example, the local sheriff, the
ance and transportation at the mine.
State highway patrol, or local hospital)
which has available the means of com- (Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C.
munication with the person or persons 3501 et seq.))
providing emergency medical assist- [36 FR 9364, May 22, 1971, as amended at 36
ance or transportation in accordance FR 13143, July 15, 1971; 60 FR 33723, June 29,
with the provisions of paragraph (a) of 1995]
this section.
§ 77.1703 First-Aid training; super-
§ 77.1702 Arrangements for emergency visory employees.
medical assistance and transpor-
tation for injured persons; report- The mine operator shall conduct
ing requirements; posting require- first-aid training courses for selected
ments. supervisory employees at the mine.
(a) Each operator of a surface coal Within 60 days after the selection of a
mine shall make arrangements with a new supervisory employee to be so
licensed physician, medical service, trained, the mine operator shall certify
medical clinic, or hospital to provide by signature and date the name of the
24-hour emergency medical assistance employee and date on which the em-
for any person injured at the mine. ployee satisfactorily completed the
(b) Each operator shall make ar- first-aid training course. The certifi-
rangements with an ambulance service, cation shall be kept at the mine and
or otherwise provide for 24-hour emer- made available on request to an au-
gency transportation for any person in- thorized representative of the Sec-
jured at the mine.
retary.
(c) Each operator shall, on or before
September 30, 1971, report to the Coal [56 FR 1478, Jan. 14, 1991]
Mine Health and Safety District Man-
ager for the district in which the mine § 77.1704 First aid training program;
is located the name, title and address availability of instruction to all
of the physician, medical service, med- miners.
ical clinic, hospital, or ambulance serv- On or before December 30, 1971, each
ice with whom arrangements have been operator of a surface coal mine shall
made, or otherwise provided, in accord- make available to all miners employed
ance with the provisions of paragraphs in the mine a course of instruction in
(a) and (b) of this section. first aid conducted by the operator or
(d) Each operator shall, within 10 under the auspices of the operator, and
days after any change of the arrange-
such a course of instruction shall be
ments required to be reported under
made available to newly employed
the provisions of this section, report
such changes to the Coal Mine Health miners within 6 months after the date
and Safety District Manager. If such of employment.
changes involve a substitution of per-
§ 77.1705 First aid training program;
sons, the operator shall provide the
retraining of supervisory employ-
name, title, and address of the person ees; availability to all miners.
substituted together with the name
and address of the medical service, Beginning January 1, 1972, each oper-
medical clinic, hospital, or ambulance ator of a surface coal mine shall con-
service with which such person or per- duct refresher first aid training pro-
sons are associated. grams each calendar year for all se-
(e) Each operator shall, immediately lected supervisory employees and make
after making an arrangement required available refresher first aid training
727
§ 77.1706 30 CFR Ch. I (7–1–20 Edition)
courses to all miners employed in the (12) The necessary complements of

mine. arm and leg splints or two each inflat-
able plastic arm and leg splints.
FR 13143, July 15, 1971]
(c) All first aid supplies required to
be maintained under the provisions of
§ 77.1706 First aid training program; paragraphs (a) and (b) of this section
minimum requirements. shall be stored in suitable, sanitary,
dust tight, moisture proof containers
(a) All first aid training programs re- and such supplies shall be accessible to
quired under the provisions of §§ 77.1703 the miners.
and 77.1704 shall include 10 class hours
of training in a course of instruction § 77.1708 Safety program; instruction
similar to that outlined in ‘‘First Aid, of persons employed at the mine.
A Bureau of Mines Instruction Man- On or before September 30, 1971, each
ual.’’ operator of a surface coal mine shall
(b) Refresher first aid training pro- establish and maintain a program of
grams required under the provisions of instruction with respect to the safety
§ 77.1705 shall include 5 class hours of regulations and procedures to be fol-
refresher training in a course of in- lowed at the mine and shall publish
struction similar to that outlined in and distribute to each employee, and
‘‘First Aid, A Bureau of Mines Instruc- post in conspicuous places throughout
tion Manual.’’ the mine, all such safety regulations
and procedures established in accord-
§ 77.1707 First aid equipment; location;
minimum requirements. ance with the provisions of this sec-
tion.
(a) Each operator of a surface coal
mine shall maintain a supply of the [36 FR 9364, May 22, 1971, as amended at 36
FR 13143, July 15, 1971]
first aid equipment set forth in para-
graph (b) of this section at or near each § 77.1710 Protective clothing; require-
working place where coal is being ments.
mined, at each preparation plant and
Each employee working in a surface
at shops and other surface installation
coal mine or in the surface work areas
where ten or more persons are regu-
of an underground coal mine shall be
larly employed.
required to wear protective clothing
(b) The first aid equipment required
and devices as indicated below:
to be maintained under the provisions
(a) Protective clothing or equipment
of paragraph (a) of this section shall in-
and face-shields or goggles shall be
clude at least the following:
worn when welding, cutting, or work-
(1) One stretcher; ing with molten metal or when other
(2) One broken-back board (if a hazards to the eyes exist.
splint-stretcher combination is used it (b) Suitable protective clothing to
will satisfy the requirements of both cover the entire body when handling
paragraph (b) (1) of this section and corrosive or toxic substances or other
this paragraph (b) (2)); materials which might cause injury to
(3) Twenty-four triangular bandages the skin.
(15 if a splint-stretcher combination is (c) Protective gloves when handling
used); materials or performing work which
(4) Eight 4-inch bandage compresses; might cause injury to the hands; how-
(5) Eight 2-inch bandage compresses; ever, gloves shall not be worn where
(6) Twelve 1-inch adhesive com- they would create a greater hazard by
presses; becoming entangled in the moving
(7) An approved burn remedy; parts of equipment.
(8) Two cloth blankets; (d) A suitable hard hat or hard cap
(9) One rubber blanket or equivalent when in or around a mine or plant
substitute; where falling objects may create a haz-
(10) Two tourniquets; ard. If a hard hat or hard cap is paint-
(11) One 1-ounce bottle of aromatic ed, nonmetallic based paint shall be
spirits of ammonia or 1 dozen ammonia used.

ampules; and, (e) Suitable protective footwear.
728
(f) Snug-fitting clothing when work- § 77.1713 Daily inspection of surface

ing around moving machinery or equip- coal mine; certified person; reports
ment. of inspection.
(g) Safety belts and lines where there (a) At least once during each working
is danger of falling; a second person shift, or more often if necessary for
shall tend the lifeline when bins, tanks, safety, each active working area and
or other dangerous areas are entered. each active surface installation shall
(h) Lifejackets or belts where there is be examined by a certified person des-
danger from falling into water. ignated by the operator to conduct
(i) Seatbelts in a vehicle where there such examinations for hazardous condi-
is a danger of overturning and where tions and any hazardous conditions
roll protection is provided. noted during such examinations shall
(Sec. 101(a), Federal Coal Mine Health and be reported to the operator and shall be
Safety Act of 1969, as amended (83 Stat. 745; corrected by the operator.
30 U.S.C. 811(a)) (b) If any hazardous condition noted
[36 FR 9382, May 22, 1971, as amended at 36 during an examination conducted in
FR 13143, July 15, 1971; 39 FR 7176, Feb. 25, accordance with paragraph (a) of this
1974] section creates an imminent danger,
the person conducting such examina-
§ 77.1710–1 Distinctively colored hard tion shall notify the operator and the
hats or hard caps; identification for operator shall withdraw all persons
newly employed, inexperienced from the area affected, except those
miners.
persons referred to in section 104(d) of
Hard hats or hard caps distinctively the Act, until the danger is abated.
different in color from those worn by (c) After each examination conducted
experienced miners shall be worn at all in accordance with the provisions of
times by each newly employed, inexpe- paragraph (a) of this section, each cer-
rienced miner when working in or tified person who conducted all or any
around a mine or plant for at least one part of the examination required shall
year from the date of his initial em- enter with ink or indelible pencil in a
ployment as a miner or until he has book approved by the Secretary the
been qualified or certified as a miner date and a report of the condition of
by the State in which he is employed. the mine or any area of the mine which
(Sec. 101(a), Federal Coal Mine Health and he has inspected together with a report
Safety Act of 1969, as amended (83 Stat. 745; of the nature and location of any haz-
30 U.S.C. 811(a)) ardous condition found to be present at
[39 FR 7176, Feb. 25, 1974] the mine. The book in which such en-
tries are made shall be kept in an area
§ 77.1711 Smoking prohibition. at the mine designated by the operator
to minimize the danger of destruction
No person shall smoke or use an open
flame where such practice may cause a by fire or other hazard.
fire or explosion. (d) All examination reports recorded
in accordance with the provisions of
§ 77.1712 Reopening mines; notifica- paragraph (c) of this section shall in-
tion; inspection prior to mining. clude a report of the action taken to
Prior to reopening any surface coal abate hazardous conditions and shall
mine after it has been abandoned or de- be signed or countersigned each day by
clared inactive by the operator, the op- at least one of the following persons:
erator shall notify the Coal Mine (1) The surface mine foreman;
Health and Safety District Manager for (2) The assistant superintendent of
the district in which the mine is lo- the mine;
cated, and an inspection of the entire (3) The superintendent of the mine;
mine shall be completed by an author- (4) The person designated by the op-
ized representative of the Secretary be- erator as responsible for health and
fore any mining operations in such safety at the mine; or,

mine are instituted.
729
§ 77.1800 30 CFR Ch. I (7–1–20 Edition)
(5) An equivalent mine official. Subpart T—Slope and Shaft

(Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C. Sinking
3501 et seq.))
§ 77.1900 Slopes and shafts; approval
[36 FR 9364, May 22, 1971, as amended at 60 of plans.
FR 33723, June 29, 1995; 63 FR 58613, Oct. 30,
1998] (a) Each operator of a coal mine shall
prepare and submit for approval by the
Coal Mine Health and Safety District
Subpart S—Trolley Wires and Manager for the district in which the
Trolley Feeder Wires mine is located, a plan providing for
the safety of workmen in each slope or
§ 77.1800 Cutout switches.
shaft that is commenced or extended
Trolley wires and trolley feeder wires after June 30, 1971. The plan shall be
shall be provided with cutout switches consistent with prudent engineering
at intervals of not more than 2,000 feet design. The methods employed by the
and near the beginning of all branch operator shall be selected to minimize
lines. the hazards to those employed in the
initial or subsequent development of
§ 77.1801 Overcurrent protection. any such slope or shaft, and the plan
Trolley wires and trolley feeder wires shall include the following:
shall be provided with overcurrent pro- (1) The name and location of the
tection. mine, and the Mine Safety and Health
Administration mine identification
§ 77.1801–1 Devices for overcurrent number, if known;
protection. (2) The name and address of the mine
operator;
Automatic circuit interrupting de-
(3) A description of the construction
vices that will deenergize the affected
work and methods to be used in the
circuit upon occurrence of a short cir-
construction of the slope or shaft, and
cuit at any point in the system will whether part or all of the work will be
meet the requirements of § 77.1801. performed by a contractor and a de-
scription of that part of the work to be
§ 77.1802 Insulation of trolley wires,
trolley feeder wires and bare signal performed by a contractor;
wires; guarding of trolley wires and (4) The elevation, depth and dimen-
trolley feeder wires. sions of the slope or shaft;
(5) The location and elevation of the
Trolley wires, trolley feeder wires,
coalbed;
and bare signal wires shall be ade-
(6) The general characteristics of the
quately guarded:
strata through which the slope or shaft
(a) At all points where men are re- will be developed;
quired to work or pass regularly under (7) The type of equipment which the
the wires; and operator proposes to use when the
(b) At man-trip stations. work is to be performed by the oper-
The Secretary or his authorized rep- ator. When work is to be performed by
resentative shall specify other condi- a contractor the operator shall, as soon
tions where trolley wires and trolley as known to him, supplement the plan
feeder wires shall be adequately pro- with a description of the type of equip-
tected to prevent contact by any per- ment to be used by the contractor;
son, or shall require the use of im- (8) The system of ventilation to be
proved methods to prevent such con- used; and
tact. Temporary guards shall be pro- (9) Safeguards for the prevention of
vided where trackmen and other per- caving during excavation.
sons are required to work in proximity
(Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C.
to trolley wires and trolley feeder 3501 et seq.))
wires.

FR 28096, June 29, 1982; 60 FR 33723, June 29,
1995]
730
§ 77.1900–1 Compliance with approved § 77.1901–1 Methane and oxygen defi-

slope and shaft sinking plans. ciency tests; approved devices.
Upon approval by the Coal Mine Tests for oxygen deficiency shall be
Health and Safety District Manager of made with a permissible flame safety
a slope or shaft sinking plan, the oper- lamp or other means approved by the
ator shall adopt and comply with such Secretary, and tests for methane shall
plan. be made with a methane detector ap-
proved by the Secretary.
§ 77.1901 Preshift and onshift inspec-
tions; reports. § 77.1902 Drilling and mucking oper-
ations.
(a) Examinations of slope and shaft
areas shall be made by a certified per- Diesel-powered equipment used in the
son for hazardous conditions, including drilling, mucking, or other excavation
tests for methane and oxygen defi- of any slope or shaft shall be permis-
ciency: sible, and such equipment shall be op-
(1) Within 90 minutes before each erated in a permissible manner and
shift; shall be maintained in a permissible
(2) At least once on any shift during condition.
which men are employed inside any
§ 77.1902–1 Permissible diesel-powered
slope or shaft during development; and equipment.
(3) Both before and after blasting.
(b) The surface area surrounding each Diesel-powered equipment which has
slope and shaft shall be inspected by a been approved by the Bureau of Mines
certified person and all hazards in the or the Mine Safety and Health Admin-
vicinity shall be corrected before men istration under Part 36 of this chapter
are permitted to enter the excavation. (Bureau of Mines Schedule 31) is per-
(c) All hazards found during any missible under the provisions of this
preshift or onshift inspection shall be section.
corrected before men are allowed to § 77.1903 Hoists and hoisting; min-
enter, or continue to work in such imum requirements.
slope or shaft. If hazardous conditions
(a) Hoists used in transporting per-
cannot be corrected, or excessive meth-
sons and material during drilling,
ane concentrations cannot be diluted,
mucking, or other excavating oper-
the excavation shall be vacated and no
ations in any slope or shaft shall have
person shall be permitted to reenter
rated capacities consistent with the
the slope or shaft to continue exca-
loads to be handled.
vation operations until the hazardous (b) Each hoist used in drilling, muck-
condition has been abated. ing, or other excavating operations
(d) No work shall be performed in any shall be equipped with an accurate and
slope or shaft, no drilling equipment reliable indicator of the position of the
shall be started, and no electrical cage, platform, or bucket. The indi-
equipment shall be energized if the cator shall be installed in clear view of
methane content in such slope or shaft the hoist operator.
is 1.0 volume per centum, or more.
(e) Nothing in this § 77.1901 shall pre- (Sec. 101, Federal Mine Safety and Health
vent the specific assignment of men in Act of 1977, Pub. L. 91–173 as amended by
Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811))
the slope or shaft for purposes of abat-
ing excessive methane concentrations [48 FR 53242, Nov. 25, 1983; 48 FR 54975, Dec.
or any other hazardous condition. 8, 1983]
(f) The results of all inspections con-
§ 77.1904 Communications between
ducted in accordance with the provi- slope and shaft bottoms and hoist
sions of paragraph (a) of this section operators.
shall be recorded in a book approved by
(a) Two independent means of sig-
the Secretary.
naling shall be provided between the
(Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C. hoistman and all points in a slope or
3501 et seq.)) shaft where men are required to work.
[36 FR 9364, May 22, 1971, as amended at 60 At least one of these means shall be au-
FR 33723, June 29, 1995] dible to the hoistman. Signal codes
731
§ 77.1905 30 CFR Ch. I (7–1–20 Edition)
used in any communication system hoisting rope, the hooks shall be self-
shall be posted conspicuously at each closing.
slope and shaft. (Sec. 101, Federal Mine Safety and Health
(b) Signaling systems used for com- Act of 1977, Pub. L. 91–173 as amended by
munication between slopes and shafts Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811))
and the hoistman shall be tested daily. [48 FR 53242, Nov. 25, 1983]
§ 77.1905 Hoist safeguards; general. § 77.1908 Hoist installations; use.

(a) Hoists used to transport persons (a) Where men are transported by
shall be equipped with brakes capable means of a hoist and the depth of the
of stopping and holding the cage, buck- shaft exceeds 50 feet, the hoist rope
et, platform, or other device when fully shall be suspended from a substantial
loaded. hoisting installation which shall be
(b) When persons are transported by high enough to provide working clear-
a hoist, a second person familiar with ance between the bottom of the sheave
and the top of the cage or bucket.
and qualified to stop the hoist shall be
(b) Where men are transported by
in attendance, except where the hoist
means of a hoist and the depth of the
is fully equipped with overspeed, shaft exceeds 100 feet, temporary shaft
overwind, and automatic stop devices. guides and guide attachments, or other
no less effective means, shall be in-
§ 77.1906 Hoists; daily inspection.
stalled to prevent the cage, platform,
(a) Hoists used to transport persons or bucket from swinging.
shall be inspected daily. The inspection (c) All guides and guide attachments,
shall include examination of the head- or other no less effective means, in-
gear (headframe, sheave wheels, etc.), stalled in accordance with paragraph
connections, links and chains, and (b) of this section shall be maintained
other facilities. to a depth of not less than 75 feet from
(b) Prior to each working shift, and the bottom of the shaft.
before a hoist is returned to service (d) Where crossheads are used, the
cage, platform, or bucket shall not be
after it has been out of normal service
hung more than 10 feet below the cross-
for any reason, the hoist shall be run
head.
by the hoist operator through one com- (e) Where men are required to em-
plete cycle of operation before any per- bark or disembark from a cage, plat-
son is permitted to be transported. form or bucket suspended over or with-
(c) At the completion of each daily in a shaft, a loading platform shall be
examination required by paragraph (a) installed to insure safe footing.
of this section, the person making the (f) During the development of each
examination shall certify, by signature slope or shaft, either a ladder or inde-
and date, that the examination has pendently powered auxiliary hoist shall
been made. If any unsafe condition in be provided to permit men to escape
the hoisting equipment is present, the quickly in the event of an emergency.
person conducting the examination (g) No person shall be permitted to
shall make a record of the condition ride the rim of any bucket or on the
and the date. Certifications and records top of a loaded bucket.
shall be retained for one year. (h) The number of persons permitted
to ride in cages, skips, or buckets shall
(Sec. 101, Federal Mine Safety and Health be limited so as to prevent over-
Act of 1977, Pub. L. 91–173 as amended by crowding.
Pub. L. 95–164, 91 Stat. 1291 (30 U.S.C. 811)) (i) Persons shall not be permitted to
[48 FR 53242, Nov. 25, 1983, as amended at 60 ride on a cage, skip, or bucket with
FR 33723, June 29, 1995] tools or materials, except when nec-
essary to handle equipment while in
§ 77.1907 Hoist construction; general. transit. Materials shall be secured to
prevent shifting while being hoisted.
If hooks are used to attach cages or
(j) The speed of buckets transporting
buckets to the socket or thimble of a

persons shall not exceed 500 feet per
minute and not more than 200 feet per
732
minute when within 100 feet of any the operator to protect the health and
stop. safety of any person exposed to such
(k) A notice of established speeds blasting.
shall be posted in clear view of the
(Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C.
hoistman. 3501 et seq.))
(l) Conveyances being lowered in a
shaft in which men are working shall [36 FR 9364, May 22, 1971, as amended at 60
be stopped at least 15 feet above such FR 33723, June 29, 1995]
men and shall be lowered further only
after the hoistman has received a sig- § 77.1910 Explosives and blasting; gen-
eral.
nal that all men who may be endan-
gered by the conveyance are in the (a) Light and power circuits shall be
clear. disconnected or removed from the
(m) No skip or bucket shall be raised blasting area before charging and
or lowered in a slope or shaft until it blasting.
has been trimmed to prevent material (b) All explosive materials, deto-
from falling back down the slope or nators, and any other related blasting
shaft. material employed in the development
(n) Measures shall be taken to pre- of any slope or shaft shall be stored,
vent material from falling back into transported, carried, charged, and fired
the shaft while buckets or other con- in accordance with the provision of
veyances are being unloaded. Subpart N, ‘‘Explosives and Blasting,’’
(o) Properly attached safety belts of this Part 77. Except as provided in
shall be worn by all persons required to paragraph (c) of this section, all shots
work in or over any shaft where there shall be fired from the surface.
is a drop of 10 or more feet, unless (c) Where tests for methane have
other acceptable means are provided to been conducted and methane has not
prevent such persons from falling into been found and only permissible blast-
the shaft. ing units are being employed, shots
may be fired from an upper level of the
§ 77.1908–1 Hoist operation; qualified slope or shaft.
hoistman.
(d) Except as provided in paragraph
Hoists shall be under the control of (c) of this section, all men shall be re-
and operated by a qualified hoistman moved from the slope or shaft prior to
when men are in a slope or shaft. blasting.
(e) Blasting areas in slopes or shafts
§ 77.1909 Explosives and blasting; use
of permissible explosives and shot- shall be covered with mats or other
firing units. suitable material when the excavation
is too shallow to retain blasted mate-
Except as provided in § 77.1909–1, only
rial.
permissible explosives and permissible
(f) Where it is impracticable to pre-
shot-firing units shall be used in sink-
ing shafts and slopes. pare primers in the blasting area, prim-
ers may be prepared on the surface and
§ 77.1909–1 Use of nonpermissible ex- carried into the shaft in specially con-
plosives and nonpermissible shot- structed, insulated, covered containers.
firing units; approval by Health and (g) No other development operation
Safety District Manager. shall be conducted in a shaft or at the
Where the Coal Mine Health and face of a slope while drill holes are
Safety District Manager has deter- being charged and until after all shots
mined that the use of nonpermissible have been fired.
explosives and nonpermissible shot-fir- (h) The sides of the slope or shaft be-
ing units will not pose a hazard to any tween the overhead platform and the
person during the development of a bottom where men are working shall be
slope or shaft, he may, after written examined after each blast and loose
application by the operator, approve material removed.
the use of such explosives and shot-fir- (i) Loose rock and other material
ing units and issue a permit for the use shall be removed from timbers and
of such explosives and devices setting platforms after each blast before men
forth the safeguards to be employed by are lowered to the shaft bottom.
733
§ 77.1911 30 CFR Ch. I (7–1–20 Edition)
§ 77.1911 Ventilation of slopes and of all shafts where no mechanical

shafts. means are provided for men to travel.
(a) All slopes and shafts shall be ven- (b) Landings at intervals of not more
tilated by mechanical ventilation than 30 feet shall be installed.
equipment during development. Such (c) Shaft ladders shall project 3 feet
equipment shall be examined before above the collar of the shaft, and shall
each shift and the quantity of air in be placed at least 3 inches from the
the slope or shaft measured daily by a side of the shaft.
certified person and the results of such
examinations and tests recorded in a § 77.1913 Fire-resistant wood.
book approved by the Secretary. Except for crossties, timbers, and
(b) Ventilation fans shall be: other wood products which are perma-
(1) Installed on the surface; nently installed in slopes and shafts,
(2) Installed in fireproof housing and shall be fire resistant.
connected to the slope or shaft opening
with fireproof air ducts; § 77.1914 Electrical equipment.
(3) Designed to permit the reversal of (a) Electric equipment employed
the air current, and located in an area below the collar of a slope or shaft dur-
which will prevent a recirculation of ing excavation shall be permissible and
air from the slope or shaft or air con- shall be maintained in a permissible
tamination from any other source; condition.
(4) Equipped with an automatic sig- (b) The insulation of all electric con-
nal device designed to give an alarm in ductors employed below the collar of
the event the fan slows or stops which any slope or shaft during excavation
can be seen or heard by any person on shall be of the flame resistant type.
duty in the vicinity of the fan, except (c) Only lamps and portable flood
where fans are constantly attended. lights approved by the Bureau of Mines
(5) Offset not less than 15 feet from or the Mine Safety and Health Admin-
the shaft; and istration under Part 19 and Part 20 of
(6) Equipped with air ducts which are this chapter (Bureau of Mines Sched-
fire resistant and maintained so as to ules 6D and 10C) shall be employed
prevent excessive leakage of air; below the collar of any slope or shaft.
(i) Flexible ducts shall be con-
structed to permit ventilation by ei- § 77.1915 Storage and handling of com-
ther exhausting or blowing methods bustible materials.
and when metal air ducts are used, (a) Compressed and liquefied gas, oil,
they shall be grounded effectively to gasoline, and other petroleum products
remove static and other electrical shall not be stored within 100 feet of
charges; any slope or shaft opening.
(ii) Ducts shall extend as close to the (b) Other combustible material and
bottom as necessary to ventilate prop- supplies shall not be stored within 25
erly. feet of any slope or shaft opening.
(c) A qualified person, designated by (c) Pyritic slates, bony coal, culm or
the operator, shall be assigned to main- other material capable of spontaneous
tain each ventilating system. combustion shall not be used for fill or
(d) The fan shall be operated continu- as surfacing material within 100 feet of
ously when men are below the surface. any slope or shaft opening.
Any accidental stoppage or reduction (d) Areas surrounding the opening of
in airflow shall be corrected promptly; each slope or shaft shall be constructed
however, where repairs cannot be made to insure the drainage of flammable
immediately, development work below liquids away from the slope or shaft in
the surface shall be stopped and all the the event of spillage.
men not needed to make necessary re- (e) Oily rags, waste, waste paper, and
pairs shall be removed to the surface. other combustible waste material dis-
posed of in the vicinity of any slope or
§ 77.1912 Ladders and stairways. shaft opening shall be stored in closed
(a) Substantial stairways or ladders containers until removed from the

shall be used during the construction area.
734
§ 77.1916 Welding, cutting, and sol- 90.104 Waiver of rights; re-exercise of op-
dering; fire protection. tion.
(a) One portable fire extinguisher Subpart C—Sampling Procedures

shall be provided where welding, cut-
ting, or soldering with arc or flame is 90.201 Sampling; general and technical re-
performed. quirements.
90.202 Certified person; sampling.
(b) Welding, cutting, or soldering
90.203 Certified person; maintenance and
with arc or flame within or in the vi- calibration.
cinity of any slope or shaft, except 90.204 Approved sampling devices; mainte-
where such operations are performed in nance and calibration.
fireproof enclosures, shall be done 90.205 Approved sampling devices; oper-
under the supervision of a qualified ation; air flowrate.
person who shall make a diligent 90.206 Exercise of option or transfer sam-
search within or in the vicinity of the pling.
slope or shaft for fire during and after 90.207 Quarterly sampling.
such operations. 90.208 Respirable dust samples; trans-
mission by operator.
(c) Before welding, cutting, or sol-
90.209 Respirable dust samples; report to op-
dering is performed in any slope or erator.
shaft designed to penetrate into any 90.210 Status change reports.
coalbed below the surface, an examina-
tion for methane shall be made by a Subpart D—Respirable Dust Control Plans
qualified person with a device approved
by the Secretary for detecting meth- 90.300 Respirable dust control plan; filing
ane. Examination for methane shall be requirements.
90.301 Respirable dust control plan; ap-
made immediately before and periodi-
proval by District Manager; copy to part
cally during welding, cutting, or sol- 90 miner.
dering and such work shall not be per-
mitted to commence or continue in air AUTHORITY: 30 U.S.C. 811, 813(h), 957.
which contains 1.0 volume per centum SOURCE: 45 FR 80769, Dec. 5, 1980, unless
or more of methane. otherwise noted.
(d) Noncombustible barriers shall be
installed below welding, cutting, or sol- Subpart A—General
dering operations in or over a shaft.
Subpart U—Approved Books and otherwise noted.
Records [Reserved]
§ 90.1 Scope.
PART 90—MANDATORY HEALTH This part 90 establishes the option of
STANDARDS—COAL MINERS miners who are employed at coal mines
WHO HAVE EVIDENCE OF THE and who have evidence of the develop-
ment of pneumoconiosis to work in an
DEVELOPMENT OF PNEUMO- area of a mine where the average con-
CONIOSIS centration of respirable dust in the
mine atmosphere during each shift is
Subpart A—General continuously maintained at or below
Sec, the applicable standard as specified in
90.1 Scope. § 90.100. The rule sets forth procedures
90.2 Definitions. for miners to exercise this option, and
90.3 Part 90 option; notice of eligibility; ex- establishes the right of miners to re-
ercise of option. tain their regular rate of pay and re-
ceive wage increases. The rule also sets
Subpart B—Dust Standards, Rights of Part forth the operator’s obligations, in-
90 Miners cluding respirable dust sampling for
90.100 Respirable dust standard. part 90 miners. This part 90 is promul-
90.101 Respirable dust standard when quartz gated pursuant to section 101 of the Act
and supersedes section 203(b) of the
is present.
90.102 Transfer; notice. Federal Mine Safety and Health Act of
90.103 Compensation. 1977, as amended.
735
§ 90.2 30 CFR Ch. I (7–1–20 Edition)
§ 90.2 Definitions. (2) The CPDM, the device shall be

The following definitions apply in programmed to automatically report
this part: end-of-shift concentration measure-
Act. The Federal Mine Safety and ments as equivalent concentrations.
Health Act of 1977, Public Law 91–173, Mechanized mining unit (MMU). A
as amended by Public Law 95–164 and unit of mining equipment including
Public Law 109–236. hand loading equipment used for the
Active workings. Any place in a coal production of material; or a specialized
mine where miners are normally re- unit which uses mining equipment
quired to work or travel. other than specified in § 70.206(b) or in
Approved sampling device. A sampling § 70.208(b) of this chapter. Each MMU
device approved by the Secretary and will be assigned a four-digit identifica-
Secretary for Health and Human Serv- tion number by MSHA, which is re-
ices (HHS) under part 74 of this title. tained by the MMU regardless of where
Certified person. An individual cer- the unit relocates within the mine.
tified by the Secretary in accordance However, when:
with § 90.202 to take respirable dust (1) Two sets of mining equipment are
samples required by this part or cer- used in a series of working places with-
tified in accordance with § 90.203 to per- in the same working section and only
form the maintenance and calibration one production crew is employed at
of respirable dust sampling equipment any given time on either set of mining
as required by this part. equipment, the two sets of equipment
Coal mine dust personal sampler unit shall be identified as a single MMU.
(CMDPSU). A personal sampling device (2) Two or more sets of mining equip-
approved under part 74, subpart B, of ment are simultaneously engaged in
this title. cutting, mining, or loading coal or
Concentration. A measure of the rock from working places within the
amount of a substance contained per same working section, each set of min-
unit volume of air.
ing equipment shall be identified as a
Continuous personal dust monitor
separate MMU.
(CPDM). A personal sampling device
approved under part 74, subpart C, of MRE instrument. The gravimetric
this title. dust sampler with a four channel hori-
District Manager. The manager of the zontal elutriator developed by the Min-
Coal Mine Safety and Health District ing Research Establishment of the Na-
in which the mine is located. tional Coal Board, London, England.
Equivalent concentration. The con- MSHA. The Mine Safety and Health
centration of respirable coal mine dust, Administration of the U.S. Department
including quartz, expressed in milli- of Labor.
grams per cubic meter of air (mg/m3) as Normal work duties. Duties which the
measured with an approved sampling part 90 miner performs on a routine
device, determined by dividing the day-to-day basis in his or her job clas-
weight of dust in milligrams collected sification at a mine.
on the filter of an approved sampling Part 90 miner. A miner employed at a
device by the volume of air in cubic coal mine who has exercised the option
meters passing through the filter (sam- under the old section 203(b) program (36
pling time in minutes (t) times the FR 20601, October 27, 1971), or under
sampling airflow rate in cubic meters § 90.3 of this part to work in an area of
per minute), and then converting that a mine where the average concentra-
concentration to an equivalent con- tion of respirable dust in the mine at-
centration as measured by the Mining mosphere during each shift to which
Research Establishment (MRE) instru- that miner is exposed is continuously
ment. When the approved sampling de- maintained at or below the applicable
vice is: standard, and who has not waived these
(1) The CMDPSU, the equivalent con- rights.
centration is determined by multi- Quartz. Crystalline silicon dioxide
plying the concentration of respirable (SiO2) not chemically combined with
coal mine dust by the constant factor other substances and having a distinc-
prescribed by the Secretary. tive physical structure.
736
Representative sample. A respirable (c) Any part 90 miner who is trans-

dust sample, expressed as an equivalent ferred to a position at the same or an-
concentration, that reflects typical other coal mine shall remain a part 90
dust concentration levels in the work- miner entitled to full rights under this
ing environment of the part 90 miner part at the new work assignment.
when performing normal work duties. (d) The option to work in a low dust
Respirable dust. Dust collected with a area of the mine may be exercised for
sampling device approved by the Sec- the first time by any miner employed
retary and the Secretary of HHS in ac- at a coal mine who was eligible for the
cordance with part 74 (Coal Mine Dust option under the old section 203(b) pro-
Sampling Devices) of this title. gram (http://www.msha.gov/
Secretary. The Secretary of Labor or REGSTECHAMEND.htm), or is eligible
a delegate. for the option under this part by send-
Secretary of Health and Human Serv- ing a written request to the Chief, Di-
ices. The Secretary of Health and vision of Health, Coal Mine Safety and
Human Services (HHS) or the Sec- Health, MSHA, 201 12th Street South,
retary of Health, Education, and Wel- Arlington, VA 22202–5452.
fare. (e) The option to work in a low dust
Transfer. Any change in the work as- area of the mine may be re-exercised
signment of a part 90 miner by the op- by any miner employed at a coal mine
erator and includes: (1) Any change in who exercised the option under the old
occupation code of a part 90 miner; (2) section 203(b) program (http://
any movement of a part 90 miner to or www.msha.gov/REGSTECHAMEND.htm)
from an MMU; or (3) any assignment of or exercised the option under this part
a part 90 miner to the same occupation by sending a written request to the
in a different location at a mine. Chief, Division of Health, Coal Mine
Valid respirable dust sample. A res- Safety and Health, MSHA, 201 12th
pirable dust sample collected and sub- Street South, Arlington, VA 22202–5452.
mitted as required by this part, includ- The request should include the name
ing any sample for which the data were and address of the mine and operator
electronically transmitted to MSHA, where the miner is employed.
and not voided by MSHA. (f) No operator shall require from a
miner a copy of the medical informa-
§ 90.3 Part 90 option; notice of eligi- tion received from the Secretary or
bility; exercise of option. Secretary of HHS.
(a) Any miner employed at a coal [79 FR 24988, May 1, 2014, as amended at 80
mine who, in the judgment of the Sec- FR 52993, Sept. 2, 2015]
retary of HHS, has evidence of the de-
velopment of pneumoconiosis based on Subpart B—Dust Standards, Rights
a chest X-ray, read and classified in the
manner prescribed by the Secretary of of Part 90 Miners
HHS, or based on other medical exami-
nations shall be afforded the option to SOURCE: 79 FR 24989, May 1, 2014, unless
work in an area of a mine where the otherwise noted.
average concentration of respirable
dust in the mine atmosphere during § 90.100 Respirable dust standard.
each shift to which that miner is ex- After the 20th calendar day following
posed is continuously maintained at or receipt of notification from MSHA that
below the applicable standard. Each of a part 90 miner is employed at the
these miners shall be notified in writ- mine, the operator shall continuously
ing of eligibility to exercise the option. maintain the average concentration of
(b) Any miner who is a section 203(b) respirable dust in the mine atmosphere
miner on January 31, 1981, shall be a during each shift to which the part 90
part 90 miner on February 1, 1981, enti- miner in the active workings of the
tled to full rights under this part to re- mine is exposed, as measured with an
tention of pay rate, future actual wage approved sampling device and ex-
increases, and future work assignment, pressed in terms of an equivalent con-

shift and respirable dust protection. centration, at or below:
737
§ 90.101 30 CFR Ch. I (7–1–20 Edition)
(a) 1.0 milligrams of respirable dust the miner agrees in writing to the
per cubic meter of air (mg/m3). transfer. The requirements of this
(b) 0.5 mg/m3 as of August 1, 2016. paragraph do not apply when the res-
pirable dust concentration in a part 90
§ 90.101 Respirable dust standard miner’s work position complies with
when quartz is present. the applicable standard but cir-
(a) Each operator shall continuously cumstances, such as reductions in
maintain the average concentration of workforce or changes in operational
respirable quartz dust in the mine at- status, require a change in the miner’s
mosphere during each shift to which a job or shift assignment.
part 90 miner in the active workings of (b) On or before the 20th calendar day
each mine is exposed at or below 0.1 following receipt of notification from
mg/m3 (100 micrograms per cubic meter MSHA that a part 90 miner is employed
or μg/m3) as measured with an approved at the mine, the operator shall give the
sampling device and expressed in terms District Manager written notice of the
of an equivalent concentration. occupation and, if applicable, the MMU
(b) When the mine atmosphere of the unit to which the part 90 miner shall be
active workings where the part 90 assigned on the 21st calendar day fol-
miner performs his or her normal work lowing receipt of the notification from
duties exceeds 100 μg/m3 of respirable MSHA.
quartz dust, the operator shall continu- (c) After the 20th calendar day fol-
ously maintain the average concentra- lowing receipt of notification from
tion of respirable dust in the mine at- MSHA that a part 90 miner is employed
mosphere during each shift to which a at the mine, the operator shall give the
part 90 miner is exposed as measured District Manager written notice before
with an approved sampling device and any transfer of a part 90 miner. This
expressed in terms of an equivalent notice shall include the scheduled date
concentration at or below the applica- of the transfer.
ble standard. The applicable standard
is computed by dividing the percent of § 90.103 Compensation.
quartz into the number 10. The applica- (a) The operator shall compensate
tion of this formula shall not result in each part 90 miner at not less than the
an applicable standard that exceeds the regular rate of pay received by that
standards specified in § 90.100. miner immediately before exercising
Example: Assume the part 90 miner is the option under § 90.3.
on a 0.5 mg/m3 dust standard. Suppose (b) Whenever a part 90 miner is trans-
a valid representative dust sample with ferred, the operator shall compensate
an equivalent concentration of 0.50 mg/ the miner at not less than the regular
m3 contains 25.6% of quartz dust, which rate of pay received by that miner im-
corresponds to a quartz concentration mediately before the transfer.
of 128 μg/m3. Therefore, the average (c) Once a miner has been placed in a
concentration of respirable dust in the position in compliance with the provi-
mine atmosphere associated with that sions of part 90, paragraphs (a) and (b)
part 90 miner shall be maintained on of this section do not apply when the
each shift at or below 0.4 mg/m3 (10/ part 90 miner initiates and accepts a
25.6% = 0.4 mg/m3). change in work assignment for reasons
of job preference.
§ 90.102 Transfer; notice. (d) The operator shall compensate
(a) Whenever a part 90 miner is trans- each miner who is a section 203(b)
ferred in order to meet the applicable miner on January 31, 1981, at not less
standard, the operator shall transfer than the regular rate of pay that the
the miner to an existing position at the miner is required to receive under sec-
same coal mine on the same shift or tion 203(b) of the Act immediately be-
shift rotation on which the miner was fore the effective date of this part.
employed immediately before the (e) In addition to the compensation
transfer. The operator may transfer a required to be paid under paragraphs
part 90 miner to a different coal mine, (a), (b), and (d) of this section, the op-
a newly-created position or a position erator shall pay each part 90 miner the
on a different shift or shift rotation if actual wage increases that accrue to
738
the classification to which the miner is § 90.104 Waiver of rights; re-exercise of

assigned. option.
(f) If a miner is temporarily em- (a) A part 90 miner may waive his or
ployed in an occupation other than his her rights and be removed from
or her regular work classification for MSHA’s active list of miners who have
two months or more before exercising rights under part 90 by:
the option under § 90.3, the miner’s reg- (1) Giving written notification to the
ular rate of pay for purposes of para- Chief, Division of Health, Coal Mine
graph (a) and (b) of this section is the Safety and Health, MSHA, that the
higher of the temporary or regular miner waives all rights under this part;
rates of pay. If the temporary assign- (2) Applying for and accepting a posi-
ment is for less than two months, the tion in an area of a mine which the
operator may pay the part 90 miner at miner knows has an average respirable
his or her regular work classification dust concentration exceeding the appli-
rate regardless of the temporary wage cable standard; or
rate. (3) Refusing to accept another posi-
tion offered by the operator at the
(g) If a part 90 miner is transferred,
same coal mine that meets the require-
and the Secretary subsequently noti- ments of §§ 90.100, 90.101 and 90.102(a)
fies the miner that notice of the min- after dust sampling shows that the
er’s eligibility to exercise the part 90 present position exceeds the applicable
option was incorrect, the operator standard.
shall retain the affected miner in the (b) If rights under part 90 are waived,
current position to which the miner is the miner gives up all rights under part
assigned and continue to pay the af- 90 until the miner re-exercises the op-
fected miner the applicable rate of pay tion in accordance with § 90.3(e) (Part
provided in paragraphs (a), (b), (d), and 90 option; notice of eligibility; exercise
(e) of this section, until: of option).
(1) The affected miner and operator (c) If rights under part 90 are waived,
agree in writing to a position with pay the miner may re-exercise the option
at not less than the regular rate of pay under this part in accordance with
for that occupation; or § 90.3(e) (Part 90 option; notice of eligi-
(2) A position is available at the same bility; exercise of option) at any time.
coal mine in both the same occupation
and on the same shift on which the Subpart C—Sampling Procedures
miner was employed immediately be-
fore exercising the option under § 90.3 SOURCE: 79 FR 24990, May 1, 2014, unless
or under the old section 203(b) program otherwise noted.
(36 FR 20601, October 27, 1971).
§ 90.201 Sampling; general and tech-
(i) When such a position is available, nical requirements.
the operator shall offer the available
(a) An approved coal mine dust per-
position in writing to the affected
sonal sampler unit (CMDPSU) shall be
miner with pay at not less than the
used to take samples of the concentra-
regular rate of pay for that occupation.
tion of respirable coal mine dust in the
(ii) If the affected miner accepts the working environment of each part 90
available position in writing, the oper- miner as required by this part. On Feb-
ator shall implement the miner’s reas- ruary 1, 2016, part 90 miners shall be
signment upon notice of the miner’s sampled only with an approved contin-
acceptance. If the miner does not ac- uous personal dust monitor (CPDM) as
cept the available position in writing, required by this part and an approved
the miner may be reassigned and pro- CMDPSU shall not be used, unless noti-
tections under part 90 shall not apply. fied by the Secretary to continue to
Failure by the miner to act on the use an approved CMDPSU to conduct
written offer of the available position quarterly sampling.
within 15 days after notice of the offer (b) If using a CMDPSU, the sampling
is received from the operator shall op- device shall be worn or carried to and
erate as an election not to accept the from each part 90 miner. If using a
available position. CPDM, the sampling device shall be
739
§ 90.202 30 CFR Ch. I (7–1–20 Edition)
worn by the part 90 miner at all times. date and time any respirable dust sam-
Approved sampling devices shall be op- pling required by this part will begin.
erated portal-to-portal and shall re- This information shall be submitted at
main operational during the part 90 least 48 hours prior to scheduled sam-
miner’s entire shift, which includes the pling.
time spent performing normal work du- (h) Operators using CPDMs shall pro-
ties and while traveling to and from vide training to all part 90 miners. The
the assigned work location. If the work training shall be completed prior to a
shift to be sampled is longer than 12 part 90 miner wearing a CPDM and
hours and the sampling device is: then every 12 months thereafter. The
(1) A CMDPSU, the operator shall training shall include:
switch-out the unit’s sampling pump (1) The importance of monitoring
prior to the 13th-hour of operation. dust concentrations and properly wear-
(2) A CPDM, the operator shall ing the CPDM;
switch-out the CPDM with a fully (2) Explaining the basic features and
charged device prior to the 13th-hour of capabilities of the CPDM;
operation. (3) Discussing the various types of in-
(c) Unless otherwise directed by the formation displayed by the CPDM and
District Manager, the respirable dust how to access that information; and
samples required under this part using (4) How to start and stop a short-
a CMDPSU shall be taken by placing term sample run during compliance
the sampling device as follows: sampling.
(1) On the part 90 miner; (i) An operator shall keep a record of
(2) On the piece of equipment which the CPDM training at the mine site for
the part 90 miner operates within 36 24 months after completion of the
inches of the normal working position; training. An operator may keep the
or record elsewhere if the record is imme-
(3) At a location that represents the diately accessible from the mine site
maximum concentration of dust to by electronic transmission. Upon re-
which the part 90 miner is exposed. quest from an authorized representa-
(d) If using a CMDPSU, one control tive of the Secretary or Secretary of
filter shall be used for each shift of HHS, the operator shall promptly pro-
sampling. Each control filter shall: vide access to any such training
(1) Have the same pre-weight date records. The record shall include:
(noted on the dust data card) as the fil- (1) The date of training;
ter used for sampling; (2) The names of miners trained; and
(2) Remain plugged at all times; (3) The subjects included in the train-
(3) Be used for the same amount of ing.
time, and exposed to the same tem- (j) An anthracite mine using the full
perature and handling conditions as box, open breast, or slant breast min-
the filter used for sampling; and ing method may use either a CPDM or
(4) Be kept with the exposed samples a CMDPSU to conduct the required
after sampling and in the same mailing sampling. The mine operator shall no-
container when transmitted to MSHA. tify the District Manager in writing of
(e) The respirable dust samples re- its decision to not use a CPDM.
quired by this part and taken with a
CMDPSU shall be collected while the § 90.202 Certified person; sampling.
part 90 miner is performing normal (a) The respirable dust sampling re-
work duties. quired by this part shall be performed
(f) Records showing the length of by a certified person.
each shift for each part 90 miner shall (b) To be certified, a person shall
be made and retained for at least six complete the applicable MSHA course
months, and shall be made available of instruction and pass the MSHA ex-
for inspection by authorized represent- amination demonstrating competency
atives of the Secretary and submitted in sampling procedures. Persons not
to the District Manager when re- certified in sampling and those cer-
quested in writing. tified only in maintenance and calibra-
(g) Upon request from the District tion procedures in accordance with
Manager, the operator shall submit the § 90.203(b) are not permitted to collect
740

(c) To maintain certification, a per- (c) If using a CMDPSU, sampling de-
son must pass the MSHA examination vices shall be examined and tested by a
demonstrating competency in sampling person certified in sampling or in
procedures every three years. maintenance and calibration within 3
(d) MSHA may revoke a person’s cer- hours before the start of the shift on
tification for failing to properly carry which the approved sampling devices
out the required sampling procedures. will be used to collect respirable dust
§ 90.203 Certified person; maintenance samples. This is to assure that the
and calibration. sampling devices are clean and in prop-
(a) Approved sampling devices shall er working condition. This examina-
be maintained and calibrated by a cer- tion and testing shall include the fol-
tified person. lowing:
(b) To be certified, a person shall (1) Examination of all components of
complete the applicable MSHA course the cyclone assembly to assure that
of instruction and pass the MSHA ex- they are clean and free of dust and dirt.
amination demonstrating competency This includes examining the interior of
in maintenance and calibration proce- the connector barrel (located between
dures for approved sampling devices. the cassette assembly and vortex find-
Necessary maintenance of the sampling er), vortex finder, cyclone body, and
head assembly of a CMDPSU, or the cy- grit pot;
clone assembly of a CPDM, can be per- (2) Examination of the inner surface
formed by persons certified in sampling of the cyclone body to assure that it is
or in maintenance and calibration. free of scoring or scratch marks on the
(c) To maintain certification, a per- inner surface of the cyclone where the
son must pass the MSHA examination air flow is directed by the vortex finder
demonstrating competency in mainte- into the cyclone body;
nance and calibration procedures every
(3) Examination of the external hose
three years.
connecting the pump unit to the sam-
(d) MSHA may revoke a person’s cer-
tification for failing to properly carry pling head assembly to assure that it is
out the required maintenance and cali- clean and free of leaks; and
bration procedures. (4) Examination of the clamping and
positioning of the cyclone body, vortex
§ 90.204 Approved sampling devices; finder, and cassette to assure that they
maintenance and calibration. are rigid, in alignment, firmly in con-
(a) Approved sampling devices shall tact, and airtight.
be maintained as approved under part (5) Testing the voltage of each bat-
74 of this title and calibrated in accord- tery while under actual load to assure
ance with MSHA Informational Report the battery is fully charged. This re-
IR 1240 (1996) ‘‘Calibration and Mainte- quires that a fully assembled and ex-
nance Procedures for Coal Mine Res- amined sampling head assembly be at-
pirable Dust Samplers’’ or in accord- tached to the pump inlet with the
ance with the manufacturer’s rec- pump unit running when the voltage
ommendations if using a CPDM. Only check is made. The voltage for bat-
persons certified in maintenance and teries used in the CMDPSU shall not be
calibration can perform maintenance lower than the product of the number
on the CPDM or the pump unit of the of cells in the battery multiplied by
CMDPSU. the manufacturer’s nominal voltage
(b) Approved sampling devices shall
per cell.
be calibrated at the flowrate of 2.0 li-
ters of air per minute (L/min) if using (d) If using a CPDM, the certified per-
a CMDPSU; at 2.2 L/min if using a son in sampling or in maintenance and
CPDM; or at a different flowrate rec- calibration shall:
ommended by the manufacturer, before (1) Follow the pre-operational exami-

they are put into service and, there- nations, testing, and set-up procedures,
741
§ 90.205 30 CFR Ch. I (7–1–20 Edition)
and perform necessary external main- mine using the full box, open breast, or
tenance recommended by the manufac- slant breast mining method.
turer to assure the operational readi- (2) The last hour of operation to as-
ness of the CPDM within 3 hours before sure that the sampling device is oper-
the start of the shift on which the sam- ating properly and at the proper
pling device will be used to collect res- flowrate. If the proper flowrate is not
pirable dust samples; and maintained, the respirable dust sample
(2) Perform other required scheduled shall be transmitted to MSHA with a
examinations and maintenance proce-
notation by the certified person on the
dures recommended by the manufac-
turer. back of the dust data card stating that
(e) You must proceed in accordance the proper flowrate was not main-
with ‘‘Calibration and Maintenance tained. Other events occurring during
Procedures for Coal Mine Respirable the collection of respirable dust sam-
Dust Samplers,’’ MSHA Informational ples that may affect the validity of the
Report IR 1240 (1996), referenced in sample, such as dropping of the sam-
paragraph (a) of this section. The Di- pling head assembly onto the mine
rector of the Federal Register approves floor, shall be noted on the back of the
this incorporation by reference in ac- dust data card.
cordance with 5 U.S.C. 552(a) and 1 CFR (c) If using a CPDM, the person cer-
part 51. You may obtain a copy from tified in sampling shall monitor the
the MSHA Web site at http:// dust concentrations and the sampling
www.msha.gov and you may inspect or status conditions being reported by the
obtain a copy at MSHA, Coal Mine sampling device at mid-shift or more
Safety and Health, 201 12th Street frequently as specified in the approved
South, Arlington, VA 22202–5452; 202– respirable dust control plan, if applica-
693–9500; and at each MSHA Coal Mine ble, to assure: The sampling device is
Safety and Health District Office, or at
in the proper location and operating
the National Archives and Records Ad-
properly; and the work environment of
ministration (NARA). For information
the part 90 miner being sampled re-
on the availability of this material at
NARA, call 202–741–6030, or go to: http:// mains in compliance with the applica-
www.archives.gov/federallregister/ ble standard at the end of the shift.
codeloflfederallregulations/ This monitoring is not required if the
ibrllocations.html. sampling device is being operated in an
anthracite coal mine using the full box,
open breast, or slant breast mining
FR 52993, Sept. 2, 2015]
method.
§ 90.205 Approved sampling devices;
operation; air flowrate. § 90.206 Exercise of option or transfer
sampling.
(a) Approved sampling devices shall
be operated at the flowrate of 2.0 L/min (a) The operator shall take five valid
if using a CMDPSU; at 2.2 L/min if representative dust samples for each
using a CPDM; or at a different part 90 miner within 15 calendar days
flowrate recommended by the manufac- after:
turer. (1) The 20-day period specified for
(b) If using a CMDPSU, each ap- each part 90 miner in § 90.100; and
proved sampling device shall be exam- (2) Implementing any transfer after
ined each shift, by a person certified in the 20th calendar day following receipt
sampling during: of notification from MSHA that a part
(1) The second hour after being put 90 miner is employed at the mine.
into operation to assure it is in the (b) Noncompliance with the applica-
proper location, operating properly,
ble standard shall be determined in ac-
and at the proper flowrate. If the prop-
cordance with § 90.207(d) of this part.
er flowrate is not maintained, nec-
essary adjustments shall be made by (c) Upon issuance of a citation for a
the certified person. This examination violation of the applicable standard,
is not required if the sampling device is the operator shall comply with
being operated in an anthracite coal § 90.207(f) of this part.
742
§ 90.207 Quarterly sampling. (2) The average for all valid rep-
resentative samples meets or exceeds
(a) Each operator shall take five
the ECV in Table 90–2 that corresponds
valid representative samples every cal-
to the applicable standard and the par-
endar quarter from the environment of
ticular sampling device used.
each part 90 miner while performing
(e) Unless otherwise directed by the
normal work duties. Part 90 miner
District Manager, upon issuance of a
samples shall be collected on consecu-
citation for a violation of the applica-
tive work days. The quarterly periods
ble standard, paragraph (a) of this sec-
are:
tion shall not apply to that part 90
January 1–March 31 miner until the violation is abated and
April 1–June 30 the citation is terminated in accord-
July 1–September 30 ance with paragraphs (f) and (g) of this
October 1–December 31. section.
(f) Upon issuance of a citation for a
(b) When the respirable dust standard
violation of the applicable standard,
is changed in accordance with § 90.101,
the operator shall take the following
the new applicable standard shall be-
actions sequentially:
(1) Make approved respiratory equip-
the date of notification of the change
ment available to the affected part 90
by MSHA.
miner in accordance with § 72.700 of this
(c) When a valid representative sam- chapter.
ple taken in accordance with this sec- (2) Immediately take corrective ac-
tion meets or exceeds the excessive tion to lower the concentration of res-
concentration value (ECV) in Table 90– pirable dust to at or below the applica-
1 that corresponds to the applicable ble standard. If the corrective action
standard and particular sampling de- involves:
vice used, the operator shall: (i) Reducing the respirable dust lev-
(1) Make approved respiratory equip- els in the work position of the part 90
ment available to affected miners in miner identified in the citation, the op-
accordance with § 72.700 of this chapter; erator shall implement the proposed
(2) Immediately take corrective ac- corrective actions and begin sampling
tion to lower the concentration of res- the affected miner within 8 calendar
pirable coal mine dust to at or below days after the date the citation is
the applicable standard; and issued, until five valid representative
(3) Make a record of the corrective samples are taken.
actions taken. The record shall be cer- (ii) Transferring the part 90 miner to
tified by the mine foreman or equiva- another work position at the mine to
lent mine official, no later than the meet the applicable standard, the oper-
end of the mine foreman’s or equiva- ator shall comply with § 90.102 of this
lent official’s next regularly scheduled part and then sample the affected
working shift. The record shall be miner in accordance with § 90.206(a) of
made in a secure book that is not sus- this part.
ceptible to alteration or electronically (3) Make a record of the corrective
in a computer system so as to be secure actions taken. The record shall be cer-
and not susceptible to alteration. Such tified by the mine foreman or equiva-
records shall be retained at a surface lent mine official, no later than the
location at the mine for at least 1 year end of the mine foreman’s or equiva-
and shall be made available for inspec- lent official’s next regularly scheduled
tion by authorized representatives of working shift. The record shall be
the Secretary and the part 90 miner. made in a secure book that is not sus-
(d) Noncompliance with the applica- ceptible to alteration or electronically
ble standard is demonstrated during in a computer system so as to be secure
the sampling period when: and not susceptible to alteration. Such
(1) Two or more valid representative records shall be retained at a surface
samples meet or exceed the ECV in location at the mine for at least 1 year
Table 90–1 that corresponds to the ap- and shall be made available for inspec-
plicable standard and the particular tion by authorized representatives of

sampling device used; or the Secretary and the part 90 miner.
743
§ 90.208 30 CFR Ch. I (7–1–20 Edition)
(g) A citation for a violation of the cassette before or after it is used to ful-
applicable standard shall be termi- fill the requirements of this part.
nated by MSHA when the equivalent (c) A person certified in sampling
concentration of each of the five valid shall properly complete the dust data
representative samples is at or below card that is provided by the manufac-
the applicable standard. turer for each filter cassette. The card
shall have an identification number
TABLE 90–1—EXCESSIVE CONCENTRATION VAL- identical to that on the cassette used
UES (ECV) BASED ON SINGLE, FULL-SHIFT to take the sample and be submitted to
CMDPSU/CPDM CONCENTRATION MEASURE- MSHA with the sample. Each card
MENTS shall be signed by the certified person
who actually performed the required
ECV
Applicable standard (mg/m3) examinations under 90.205(b) of this
(mg/m3) part during the sampling shift and
CMDPSU CPDM
shall include that person’s MSHA Indi-
1.0 ...................................... 1.26 1.13 vidual Identification Number (MIIN).
0.9 ...................................... 1.16 1.02 Respirable dust samples with data
0.8 ...................................... 1.05 0.91 cards not properly completed may be
0.7 ...................................... 0.95 0.79
0.6 ...................................... 0.85 0.68
voided by MSHA.
0.5 ...................................... 0.74 0.57 (d) All respirable dust samples col-
0.4 ...................................... 0.65 0.46 lected by the operator shall be consid-
0.3 ...................................... 0.54 0.34 ered taken to fulfill the sampling re-
0.2 ...................................... 0.44 0.23 quirements of part 70, 71, or 90 of this
title, unless the sample has been iden-
TABLE 90–2—EXCESSIVE CONCENTRATION VAL- tified in writing by the operator to the
UES (ECV) BASED ON THE AVERAGE OF 5 District Manager, prior to the intended
FULL-SHIFT CMDPSU/CPDM CONCENTRA- sampling shift, as a sample to be used
TION MEASUREMENTS for purposes other than required by
part 70, 71, or 90 of this title.
ECV
Applicable standard (mg/m3) (e) Respirable dust samples received
(mg/m3) by MSHA in excess of those required by
CMDPSU CPDM
this part shall be considered invalid
1.0 ...................................... 1.12 1.06 samples.
0.9 ...................................... 1.02 0.96 (f) If using a CPDM, the person cer-
0.8 ...................................... 0.92 0.85 tified in sampling shall (1) validate,
0.7 ...................................... 0.81 0.75
0.6 ...................................... 0.71 0.64
certify, and transmit electronically to
0.5 ...................................... 0.61 0.53 MSHA within 24 hours after the end of
0.4 ...................................... 0.51 0.43 each sampling shift all sample data file
0.3 ...................................... 0.41 0.32 information collected and stored in the
0.2 ...................................... 0.31 0.22
CPDM, including the sampling status
conditions encountered when sampling
§ 90.208 Respirable dust samples; each part 90 miner; and (2) not tamper
transmission by operator. with the CPDM or its components in
(a) If using a CMDPSU, the operator any way before, during, or after it is
shall transmit within 24 hours after the used to fulfill the requirements of this
end of the sampling shift all samples part, or alter any data files. All CPDM
collected to fulfill the requirements of data files transmitted electronically to
this part, including control filters, in MSHA shall be maintained by the oper-
containers provided by the manufac- ator for at least 12 months.
turer of the filter cassette to: Res- [79 FR 24988, May 1, 2014, as amended at 80
pirable Dust Processing Laboratory, FR 52993, Sept. 2, 2015]
Pittsburgh Safety and Health Tech-
nology Center, 626 Cochrans Mill Road, § 90.209 Respirable dust samples; re-
Building 38, Pittsburgh, PA 15236–3611, port to operator.
or to any other address designated by (a) MSHA shall provide the operator,
the District Manager. as soon as practicable, a report with
(b) The operator shall not open or the following data on respirable dust
tamper with the seal of any filter cas- samples submitted or whose results
sette or alter the weight of any filter were transmitted electronically, if
744
using a CPDM, in accordance with this Subpart D—Respirable Dust

part: Control Plans
(1) The mine identification number;
(2) The locations within the mine
from which the samples were taken; otherwise noted.
(3) The concentration of respirable
dust, expressed as an equivalent con- § 90.300 Respirable dust control plan;
centration for each valid sample; filing requirements.
(4) The average equivalent concentra- (a) If an operator abates a violation
tion of respirable dust for all valid of the applicable standard by reducing
samples; the respirable dust level in the position
(5) The occupation code; of the part 90 miner, the operator shall
(6) The reason for voiding any sam- submit to the District Manager for ap-
ple; and proval a written respirable dust control
(7) The part 90 miner’s MSHA Indi- plan for the part 90 miner in the posi-
vidual Identification Number (MIIN). tion identified in the citation within 15
(b) Upon receipt, the operator shall calendar days after the citation is ter-
provide a copy of this report to the minated. The respirable dust control
part 90 miner. The operator shall not plan and revisions thereof shall be suit-
post the original or a copy of this re- able to the conditions and the mining
port on the mine bulletin board. system of the coal mine and shall be
(c) If using a CPDM, the person cer- adequate to continuously maintain res-
tified in sampling shall print, sign, and pirable dust to at or below the applica-
provide to each part 90 miner, a paper ble standard for that part 90 miner.
record (Dust Data Card) of the sample (b) Each respirable dust control plan
run within one hour after the start of shall include at least the following:
the part 90 miner’s next work shift. (1) The mine identification number
This hard-copy record shall include the assigned by MSHA, the operator’s
data entered when the sample run was name, mine name, mine address, and
first programmed, and the following: mine telephone number and the name,
(1) The mine identification number; address and telephone number of the
(2) The location within the mine from principal officer in charge of health
which the sample was taken; and safety at the mine;
(3) The concentration of respirable (2) The name and MSHA Individual
dust, expressed as an equivalent con- Identification Number of the part 90
centration reported and stored for each miner and the position at the mine to
sample; which the plan applies;
(4) The sampling status conditions (3) A detailed description of the spe-
encountered for each sample; cific respirable dust control measures
(5) The shift length; and used to continuously maintain con-
(6) The part 90 miner’s MSHA Indi- centrations of respirable coal mine
vidual Identification Number (MIIN). dust at or below the applicable stand-
(d) The operator shall not post data ard; and
on respirable dust samples for part 90 (4) A detailed description of how each
miners on the mine bulletin board. of the respirable dust control measures
described in response to paragraph
§ 90.210 Status change reports.
(b)(3) of this section will continue to be
If there is a change in the status of a used by the operator, including at least
part 90 miner (such as entering a ter- the specific time, place, and manner
minated, injured, or ill status, or re- the control measures will be used.
turning to work), the operator shall re-
port the change in the status of the § 90.301 Respirable dust control plan;
part 90 miner to the MSHA District Of- approval by District Manager; copy
fice or to any other MSHA office des- to part 90 miner.
ignated by the District Manager. Sta- (a) The District Manager will approve
tus changes shall be reported in writ- respirable dust control plans on a
ing or by electronic means within 3 mine-by-mine basis. When approving
working days after the status change respirable dust control plans, the Dis-
has occurred. trict Manager shall consider whether:
745
§ 90.301 30 CFR Ch. I (7–1–20 Edition)
(1) The respirable dust control meas- (c) The operator shall comply with
ures would be likely to maintain con- all provisions of each respirable dust
centrations of respirable coal mine control plan upon notice from MSHA
dust at or below the applicable stand- that the respirable dust control plan is
ard; and approved.
(2) The operator’s compliance with (d) The operator shall provide a copy
all provisions of the respirable dust of the current respirable dust control
control plan could be objectively plan required under this part to the
ascertained by MSHA.
part 90 miner. The operator shall not
(b) MSHA may take respirable dust
post the original or a copy of the plan
samples to determine whether the res-
pirable dust control measures in the on the mine bulletin board.
operator’s plan effectively maintain (e) The operator may review res-
concentrations of respirable coal mine pirable dust control plans and submit
dust at or below the applicable stand- proposed revisions to such plans to the
ard. District Manager for approval.
746

CFR 2020 Title30 Vol1 ChapI SubchapO

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SUBCHAPTER O—COAL MINE SAFETY AND HEALTH

PART 70—MANDATORY HEALTH Subpart A—General

cutting, mining, or loading coal or mitted as required by this part, includ-

electronically transmitted to MSHA, plicable dust standard that exceeds the

to determine the average production quired by this part shall be performed

the manufacturer’s nominal voltage proper location, operating properly,

January 1–February 28 (29)

dust concentration or at a location resentative samples meets or exceeds

issued, the environment of the affected DO or ODO specified in paragraphs

citation for a violation of the applica- § 70.209 Quarterly sampling; des-

control measures used by the operator resentative samples meets or exceeds

to the applicable standard and par- § 70.210 Respirable dust samples;

1.0 .............................................. 1.26 1.13

ECV (mg/m3) ECV (mg/m3)

0.7 .............................................. 0.95 0.79 0.4 .............................................. 0.65 0.46

TABLE 70–2 TO SUBPART C OF PART 70—EXCESSIVE CONCENTRATION VALUES (ECV)

2.0 ......................................................................................................... 2.15 2.12 2.09 2.07

Subpart D [Reserved] (2) In the area of the section loading

tribution of all diesel equipment on

(c) Except as provided in § 75.325(j) of PART 71—MANDATORY HEALTH

Subpart G—Drinking Water Concentration. A measure of the

approved under part 74, subpart B, of Administration of the U.S. Department

0.5 ...................................... 0.61 0.53

TABLE 71–2—EXCESSIVE CONCENTRATION VAL- identical to that on the cassette used

(3) The concentration of respirable (iii) Abandoned—the work of all min-

(ii) Nonproducing—no material is (2) A copy of the proposed respirable

they shall be centrally located so as to (iv) A suitable nonirritating cleans-

be furnished to provide approximately ing available, under arrangements with

which are at least equivalent to those Subpart F—Sanitary Toilet Facilities

days on the mine bulletin board re-

Subpart G—Drinking Water infected with the use of heat or sani-

airborne contaminant given a ‘‘C’’ des- § 71.702 Asbestos standard.

FR 80756, Dec. 5, 1980; 73 FR 11304, Feb. 29, Sec.

Subpart B—Medical Surveillance (1) Each operator shall use facilities

specified in this section and at no cost

40 CFR 86.094–8(a)(1)(I)(A)(2) ................. light duty vehicle ...................................... 0.1 g/mile.

130≤kW<225 (175≤hp<300) .................... 0.20 g/kW-hr (0.15 g/bhp-hr).

kW≥560 (hp≥750) .................................... 0.20 g/kW-hr (0.15 g/bhp-hr)

(c) The requirements of this section ducted or certified by an organization

substituted for environmental control NY 10036; http://www.ansi.org, and may

Subpart B—Approval Requirements for which is achieved with a 0.95 prob-

(2) At any atmospheric pressure from 61000–4–6, International Standard (Elec-

and Laboratory Tests, 1 January 2000. maintenance interval to assure such

A CPDM must perform accurately, as speci-

NIOSH disapproval of a pending appli- the approved device or approved in-

manufactured or assembled according to those already on file as the basis for

(b) If a change is proposed in a pump 75.214 Supplemental support materials,

§ 74.18 Withdrawal of certification. Subpart D—Ventilation

75.212 Rehabilitation of areas with unsup- 75.373 Reopening mines.

Subpart H—Grounding Subpart I—Underground High-Voltage

75.705–3 Work on energized high-voltage sur- and interlocks.

records. 75.1103–3 Automatic fire sensor and warning

ments. boreholes and to use nonpermissible

75.1502 Mine emergency evacuation and fire- maintenance.

(2) As applied to equipment other Secretary. The Secretary of Labor or

(a)(3) of this section; however, in no qualifying persons as steam-hoisting

§ 75.156 AMS operator, qualifications. § 75.200 Scope.

specified torque or tension by 50 per- wide, or material which provides equiv-

§ 75.206 Conventional roof support. (c) A cluster of two or more posts

support shall be used, as specified in in installing the support shall proceed

taking down loose material shall be of (c)(1) Except as provided in paragraph

of permanent supports, a row of tem- § 75.214 Supplemental support mate-

in the active workings shall be plotted by § 75.1501 when an emergency evacu-

ration by reference was approved by (1) Installed on the surface in an in-