1219-0088
SUPPORTING STATEMENT
30 C.F.R. §§ 75.310, 75.312, 75.342, 75.351, 75.360, 75.361, 75.362, 75.363, 75.364, 75.370, 75.371 and 75.382 - Ventilation Plans, Tests, and Examinations in Underground Coal Mines
A. JUSTIFICATION
1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.
Under Section 101(a) of the Federal Mine Safety and Health Act of 1977 (The Act), the Secretary may by rule in accordance with procedures set forth in this section and in accordance with section 553 of title 5, United States Code (without regard to any reference in such section to sections 556 and 557 of such title), develop, promulgate, and revise as may be appropriate, improved mandatory health or safety standards for the protection of life and prevention of injuries in coal or other mines. In addition Section 303 requires that all coal mines shall be ventilated by mechanical ventilation equipment installed and operated in a manner approved by an authorized representative of the Secretary and such equipment shall be examined daily and a record shall be kept of such examination.
Underground coal mines usually present harsh and hostile working environments. The ventilation system is the most vital life support system in underground mining and a properly operating ventilation system is essential for maintaining a safe and healthful working environment. Lack of adequate ventilation in underground mines has resulted in fatalities from asphyxiation and explosions.
An underground mine is a maze of tunnels that must be adequately ventilated with fresh air to provide a safe environment for miners. Methane is liberated from the strata, and noxious gases and dusts from blasting and other mining activities may be present. The explosive and noxious gases and dusts must be diluted, rendered harmless, and carried to the surface by the ventilating currents. Sufficient air must be provided to maintain the level of respirable dust at or below 2 milligrams per cubic meter of air and air quality must be maintained in accordance with MSHA standards. Mechanical ventilation equipment of sufficient capacity must operate at all times while miners are in the mine. Ground conditions are subject to frequent changes, thus sufficient tests and examinations are necessary to ensure the integrity of the ventilation system and to detect any changes that may require adjustments in the system. Records of tests and examinations are necessary to ensure that the ventilation system is being maintained and that changes which could adversely affect the integrity of the system or the safety of the miners are not occurring. These examination, reporting and recordkeeping requirements of §§ 75.310, 75.312, 75.342, 75.351, 75.360 through 75.364, 75.370, 75.371, and 75.382 also incorporate examinations of other critical aspects of the underground work environment such as roof conditions and electrical equipment which have historically caused numerous fatalities if not properly maintained and operated.
2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.
The records give notice to mine management and the miners on the oncoming shift of mine conditions, identify hazards on working sections during the previous shift, and verify that proper ventilation is being maintained. The information is available to all interested persons at the mine to assure them that the integrity of the ventilation system is being provided for the miners. MSHA inspectors use the records to determine that tests and examinations, required by the standards, are made.
3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.
The regulations incorporate the option for electronic (computer-based) recordkeeping which has the capability of reducing certain facets of the recordkeeping burden and can improve the usefulness of information and can facilitate reviews of the records. Also, a computer-based main mine fan monitoring system can be used to reduce the required examination of the main mine fan from daily to weekly.
4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.
No similar or duplicate information exists. The records are the results of tests and examinations conducted at individual mines by the mine operator. Similar examinations, tests, and records required by more than one section of Subpart D of 30 C.F.R. Part 75 can be conducted simultaneously. Also, where similar tests and examinations are required by both State agencies and MSHA, the tests are conducted simultaneously and one record is accepted by both agencies. The agency has clarified that state approved books are acceptable for records required by MSHA.
5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe any methods used to minimize burden.
This information does not have a significant impact on small businesses or other small entities. However, MSHA has made available on our web-site various sources of information, such as “Technical Assistance,” “Best Practices,” and an “Accident Prevention” site. To assist with compliance, these provide tips and general information on various topics.
6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.
MSHA believes that the recordkeeping requirements for ventilation tests and examinations are the minimum necessary to ensure that mines are safe and adequately ventilated. Reduction in these requirements may result in unsafe conditions developing, thus jeopardizing miners. Section 101(a)(9) of the Mine Act prohibits the agency from reducing the protection given miners by any existing standard. The agency has clarified that once a ventilation plan is approved, the mine operator need only to submit the revised pages or sketches of the plan when proposing revisions unless the District Manager has requested, in writing, that a fully revised plan be submitted.
7. Explain any special circumstances that would cause an information collection to be conducted in a manner:
! requiring respondents to report information to the agency more often than quarterly;
! requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;
! requiring respondents to submit more than an original and two copies of any document;
! requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years;
! in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;
! requiring the use of a statistical data classification that has not been reviewed and approved by OMB;
! that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or
! requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.
Ventilation system and methane and dust control plans are statutory requirements, some of which are required to be recorded and/or reported more frequently than quarterly.
8. If applicable, provide a copy and identify the data and page number of publication in the Federal Register of the agency's notice, required by 5 C.F.R. 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.
Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.
Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years -- even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.
MSHA published a 60-day preclearance Federal Register notice on November 16, 2006 ( Volume 71, Number 221, Pages 66801-66802), soliciting public comments regarding the extension of this information collection. No comments were received.
9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.
MSHA has decided not to provide payments or gifts to respondents.
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.
There is no assurance of confidentiality provided to respondents. Records are maintained by the mine operator and reviewed by MSHA inspectors during routine inspections.
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons form whom the information is requested, and any steps to be taken to obtain their consent.
There are no questions of a sensitive nature.
12. Provide estimates of the hour burden of the collection of information. The statement should:
! Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.
! If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.
! Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 14.
The following estimation of burden hours is based on MSHA's records and mine ventilation experience of Coal Mine Inspectors under the existing standards. There are approximately 612 underground coal mines (244 small mines and 368 medium or large mines) affected by this rule. MSHA's records show that on the average there is 1 fan, 1 working section and 1 shift per small mine and 1.5 fans, 2.5 working sections and 2.5 shifts per large mine. There are an average of 200 working days in a small mine that works 40 weeks per year and 250 working days in a large mine that works 50 weeks per year. However, the burden hour estimates are based on the total number of weeks fans operate yearly, rather than on the average work weeks.
30 C.F.R. § 75.310 - Installation of Main Mine Fans. Each mine is required to be ventilated by one or more main mine fans. This section sets forth requirements and specifications for the installation of main mine fans. Section 75.310(a)(4) requires that each main mine fan be equipped with a pressure recording device, which may be a part of a fan monitoring system, and that the resulting records be maintained for one year. The record, a pressure recording chart, will be generated an average of 50 weeks per year at small mines and every week (52 weeks) at large mines. MSHA estimates that it takes 7 minutes (0.1166 hour) per week to generate and maintain the record for each fan. A miner earning $26.55 per hour typically performs this task.
Hour Burden
244 small mines x 1 fan x 50 weeks
x 0.1166 hour = 1,423 hours
368 large mines x 1.5 fans x 52 weeks
x 0.1166 hour = 3,347 hours
TOTAL Hour Burden = 4,770
Hour Burden Cost
4,770 hours x $26.55 per hour = $126,644
30 C.F.R. § 75.312 - Main Mine Fan Examinations. Section 75.312(a) and (b) require that examinations be conducted daily on main mine fans not using a monitoring system to ensure electrical and mechanical reliability and every 7 days on main mine fans where monitoring systems are used. Fan examinations are not required on days when no one enters the mine. Although production may not occur, persons enter the mine for maintenance and examinations240 days per year at small mines and 365 days per year at large mines.
Where main mine fan monitoring systems are provided, 30 C.F.R. § 75.312(b) requires that data provided by the monitoring system be reviewed daily to ensure that the fan and monitoring system are operating properly. Reviews are not required on days when no one enters the mine. Although production may not occur, persons enter the mine for maintenance and examinations 240 days per year at small mines and 365 days per year at large mines. Section 75.312(b) also requires that the monitoring system be tested for proper operation and each main mine fan be examined every 7 days where monitoring systems are used.
Section 75.312(f)(1) requires that persons making main mine fan examinations certify by date and initials that the examinations were made. The fan examination and certification time is estimated at 15 minutes (0.25 hour). A miner earning $26.55 per hour typically performs this task. At the 368 large mines where fan monitoring systems are used, data from the system must be reviewed and certified daily, taking 5 minutes (0.0833 hours). Also, the 45 mines using monitoring systems must examine the fan once a week, taking 15 minutes (0.25 hours).
Hour Burden
244 small mines x 1 fan x 240 days
x 0.25 hour (without monitoring systems) = 14,640 hours
368 large mines (without monitoring systems)
x 1.5 fans x 365 days x 0.25 hour = 50,370 hours
45 large mines (with monitoring systems)
x 1.5 fans x 365 days x 0.0833 hours = 2,052 hours
45 large mines (with monitoring systems)
x 1.5 fans x 52 weeks s x 0.25 hour = 877 hours
TOTAL 67,939 hours
Hour Burden Cost
67,939 hours x $26.55 per hour = $1,803,780
Section 75.312(c) requires that the automatic fan signal device for each main mine fan be tested at least once every 31 days. Section 75.312(d) requires that automatic closing doors in multiple main mine fan systems be tested at least once every 31 days. The tests for 75.312(c) and (d) can be done concurrently with the testing process taking 15 minutes (0.25 hours). A record of these tests is required under 75.312(g)(3), taking 5 minutes (0.0833 hours) per mine, 12 times yearly. These tasks can be performed by a miner earning $26.55 per hour.
Hour Burden
Testing
244 small mines x 12 monthly tests
x 0.25 hour = 732 hours
368 large mines x 12 monthly tests
x 0.25 hour = 1,104 hours
TOTAL = 1,836 hours
Hour Burden Cost
1,836 hours x $26.55 = $48,746
Hour Burden
Recordkeeping
244 small mines x 12 monthly records
x 0.0833 hour = 244 hours
368 large mines x 12 monthly records
x 0.0833 hour = 368 hours
TOTAL = 612 hours
Hour Burden Cost
612 hours x $26.55 = $ 16,248
Section 75.312(g)(1) requires a record of uncorrected defects found during an examination. Estimated recordkeeping is 5 minutes (0.0833 hour) and MSHA estimates that 410 mines (137 small and 273 large mines) will have uncorrected defects requiring a record each month.
Hour Burden
137 small mines x 12 defects per year
x 0.0833 hour = 137 hours
273 large mines x 12 defects per year
x 0.0833 hour = 273 hours
TOTAL = 410 hours
Hour Burden Cost
410 hours x $26.55 = $ 10,886
Section 312(g)(2)(ii) requires that mines using monitoring systems to monitor fan pressure must make a record concerning monitoring system malfunctions and electrical or mechanical deficiencies, and any sudden increase or loss in mine ventilating pressure. The recordkeeping is estimated to take 10 minutes (0.1666 hour).
Hour Burden:
Recordkeeping
45 large mines (which use monitoring system)
x 12 defects per year x 0.1666 hour = 90 hours
Hour Burden Cost
90 hours x $26.55 = $2,390
TOTAL Hour Burden = 70,887
TOTAL Hour Burden Cost = $1,882,050
30 C.F.R .§75.342 - Methane Monitors. Operators must install MSHA approved methane monitors on all face cutting machines, continuous miners, longwall face equipment, loading machines, and other mechanized equipment used to extract or load coal within the working place. In addition, methane monitors must be maintained in permissible and proper operating condition and be calibrated with a known methane-air mixture at least once every 31 days. On average, a small mine maintains 1.5 monitors and a large mine, three monitors. Examination time related to calibration of each methane monitor is 20 minutes (0.3333 hour) per month. Under § 75.342(a)(4)(ii), operators are required to keep records of calibration tests. Records would be retained for one year from date of the test. Estimated time to make a record is 5 minutes (0.0833 hour) per month for recordkeeping for a small mine, and 8 minutes (0.1333 hours) for a large mine. The exam can be conducted and recorded by a certified/qualified electrician earning $26.55 per hour.
Burden Hours
Examinations
244 small mines x 1.5 methane monitors x 12 month
x 0.3333 hour = 1,464 hours
368 large mines x 3 methane monitors x 12 month
x 0.3333 hour = 4,416 hours
TOTAL = 5,880 hours
Burden Hour Cost
5,880 hours x $26.55 = $156,114
Burden Hour
Recordkeeping
244 small mines x 12 months x 0.0833 hour = 244 hours
368 large mines x 12 months x 0.1333 hour = 589 hours
TOTAL = 833 hours
Burden Hour Cost
833 hours x $26.55 = $22,116
TOTAL Burden Hours = 6,713
TOTAL Burden Hour Cost = $178,230
30 C.F.R. §75.351(h) - Atmospheric Monitoring System. This section applies to mines (65 mines) performing monitoring which is permitted as an alternative compliance option in accordance with 75.323(d)(1)(ii), 75.340(a)(2), and 75.362(f). If an alarm is generated by the system, the rule requires that an examination be conducted to determine its cause, 75.351(d)(2), and a record must be made, 75.351(h). The recordkeeping burden has been estimated for 65 mines averaging 7 alarm activations annually. MSHA estimates that it will take 30 minutes (0.5 hour) for the examination and 2 minutes (0.033 hour) to make a record of the occurrence. Monthly calibration of each sensor is required by 75.351(f), typically taking 1 person one full shift (8 hours). The examination and record can be made by a miner earning $26.55 per hour.
Hour Burden
Examination:
65 mines x 7 alarms x 0.5 hours = 228 hours
Calibration:
65 mines x 12 month x 8 hours = 6,240 hours
Recordkeeping:
65 mines x 7 alarms x 0.033 hours = 15 hours
TOTAL Burden Hours = 6,483
Hour Burden Cost
6,483 hours x $26.55
TOTAL Burden Hour Cost = $172,124
30 C.F.R. §75.360 - Preshift Examinations. Examinations are required to be conducted within 3 hours prior to the beginning of each shift. The examination time is 3 hours in a large mine and 2 hours in a small mine, including required certification within examined areas by date, time, and initials. On average, a small mine will conduct 1.5 examinations per day while a large will conduct 2.5 examinations per day. Records are required to be made of the results of each preshift examination, any hazardous conditions and their locations that are encountered during the preshift examination. A record is also required to be made of the action taken to correct hazardous conditions found during the preshift examination. The recordkeeping activity is estimated to take about 30 minutes (0.50 hour) in a large mine and 15 minutes (0.25 hour) in a small mine. Examinations and records are typically performed by examiners earning $26.55 per hour. Countersigning by the mine foreman, earning $57.82 per hour, is required and takes 5 minutes (0.0833 hours) for a small mine and 10 minutes (0.1666 hours) for a large mine daily.
Burden Hours
Examination:
244 small mines x 1.5 exams x 200 days x 2 hours = 146,400 hours
368 large mines x 2.5 exams x 250 days x 3 hours = 690,000 hours
TOTAL = 836,400 hours
Recordkeeping:
244 small mines x 1.5 exams x 200 days x 0.25 hours = 18,300 hours
368 large mines x 2.5 exams x 250 days x 0.5 hours = 115,000 hours
TOTAL = 133,300 hours
Countersigning:
244 small mines x 200 days x 0.0833 hours = 4,065 hours
368 large mines x 250 days x 0.1666 hours = 15,327 hours
TOTAL = 19,392 hours
TOTAL Burden Hours = 989,092
Burden Hour Cost
Examination:
836,400 hours x $26.55 = $22,206,420
Recordkeeping:
133,300 hours x $26.55 = $3,539,115
Countersigning:
19,392 hours x $57.82 = $ 1,121,245
TOTAL Burden Hour Cost = $26,866,780
30 C.F.R. §75.361 - Supplemental Examinations. The rule requires a certified person to make a supplemental examination for hazardous conditions before any person enters an area of the mine which has not been preshift examined. The examination time is estimated to take 30 minutes (0.5 hour). Within the examined area, the examiner is required to certify by date, time, and initials, that the examination was made. The time for certification is included in the examination time estimate. Records are not required under this section. If, however, a hazardous condition is found, a record would be required under 75.363.
Burden Hours
Examination Time:
244 small mines x 4 exams per yr. x 0.50 hour = 448 hours
368 large mines x 24 exams per yr. x 0.50 hour = 4,416 hours
TOTAL Burden Hours = 4,864
TOTAL Burden Hour Cost
4,864 hours x $26.55 = $129,139
30 C.F.R. §75.362 - On‑Shift Examinations. The recordkeeping requirement for this section has been transferred to 75.363 and applies if a hazardous condition is discovered during the examination.
At least once during each coal producing shift, or more often if necessary for safety, a certified person is required to conduct an on-shift examination of each section where anyone is assigned to work during the shift and any area where mechanized mining equipment is being installed or removed during the shift. The certified person must check for hazardous conditions and test for methane and oxygen deficiency and determine if the air is moving in its proper direction. Also included is the examination of belt conveyor haulageways in which belts are operated. An examination to assure compliance with the respirable dust control parameters specified in the mine ventilation plan is required by 75.362(a)(2). The examination time is estimated to take 40 minutes (0.667 hour) at a small mine and 45 minutes (0.75 hour) at a large mine. The examination time estimate includes time for certification by date, time and initials, which is required under the rule. The examination is performed by the shift supervisor earning $57.82 per hour.
Burden Hours
Examination Time:
244 small mines x 1 working section x 1 shift
x 200 days x 0.667 hours = 32,550 hours
368 large mines x 2.3 working section
x 2.5 shifts x 250 days x 0.75 hours = 396,750 hours
TOTAL Burden Hours = 429,300
TOTAL Burden Hour Cost
429,300 hours x $57.82 = $24,822,126
Section 75.363, Hazardous conditions; posting, correcting and recording. The rule requires a record of hazardous conditions found, including any found during 75.361 and 75.362 examinations, must be recorded along with corrective actions taken to abate the conditions. Also, under section 75.363, a record is required for mines for any hazardous conditions found during the examination after any unintentional fan stoppages lasting greater than 15 minutes. This record must be countersigned by the mine foreman. The time to record a hazard is estimated to be 5 minutes (0.0833 hour), and 3 minutes (0.05 hours) are needed to countersign the record. The record can be made by a person earning $26.55 per hour and signed by the mine foreman estimated to earn $57.82 per hour. It is estimated that 100 hazards per year will be recorded at large mines and 50 hazards per year will be recorded in small mines.
Burden Hours
Recordkeeping Time:
244 small mines x 50 hazards found per yr. x
0.0833 hours = 1,016 hours
368 large mines x 100 hazards found per yr. x
0.0833 hour = 3,065 hours
TOTAL = 4,081 hours
Countersigning Time:
244 sm. mines x 50 hazards found per yr. x
0.05 hours = 610 hours
368 large mines x 100 hazards found per yr. x
0.05 hour = 1,840 hours
= 2,450 hours
TOTAL Burden Hours = 6,531
Burden Hour Cost
Recordkeeping
4,081 hours x $26.55 = $108,350
Countersigning
2,450 hours x $57.82 = $141,659
TOTAL Burden Hour Cost = $250,009
30 C.F.R. §75.364 - Weekly Examinations. The weekly examination time is estimated to be 5.1 hours in a small mine and 10.2 hours in a large mine. Included in this exam time is the time for taking weekly ventilation air measurements. Also included is time necessary for the examiner to certify that the examination was made by leaving date, time, and initials at locations within the examined area. The time required to make the record is estimated to be 35 minutes (0.58 hour) in a small mine and 60 minutes (1.0 hour) in a large mine. Records are completed by examiners earnings $26.55 per hour. The time needed to review and countersign the record by the mine foreman ($57.82 per hour) is 5 minutes (0.0833 hours) at a small mine and 10 minutes (0.1666 hours) at a large mine.
Burden Hours
Examination Time:
244 small mines x 40 weeks x 5.1 hours = 49,776 hours
368 large mines x 50 weeks x 10.2 hours = 187,680 hours
237,456 hours
Recordkeeping Time:
244 small mines x 40 weeks x 0.58 hours = 5,660 hours
368 large mines x 50 weeks x 1.0 hours = 18,400 hours
24,060 hours
Countersigning
244 small mines x 40 weeks x 0.0833 hours = 813 hours
368 large mines x 50 weeks x 0.1666 hours = 3,065 hours
3,878 hours
TOTAL Burden Hours = 265,394
Burden Hour Cost
Examination and Recordkeeping
265,394 hours x $26.55 = $7,046,210
Countersigning
3,878 hours x $57.82 = $ 224,225
TOTAL Burden Hour Cost = $7,270,435
30 C.F.R. §75.370 - Mine Ventilation Plan Submission and Approval. The mine operator must submit a proposed ventilation plan in writing to the district manager for approval and that plan must be reviewed by both the mine operator and MSHA every six months. However, once a ventilation plan is approved, the operator needs to submit only the revised pages, sketches, and drawings of the plan when proposing revisions, unless the district manager requests in writing that the mine operator submit a new fully revised plan. The operator must update the plan as often as is necessary to ensure that the plan is suitable to current conditions in the mine.
The mine operator must notify the representative of the miners of any proposed and approved ventilation plan or plan revision, and upon request, provide a copy. In addition, 3 copies of the mine ventilation map must be submitted annually including supplemental information listed in 75.372 requiring one hour per copy. Plan updates and maps are prepared by a mine management professional earning $57.82 per hour and copying is performed by a clerical person earning $20.55 per hour. A large mine will submit 4 updates requiring 16 hours and 3 maps requiring 1 hour each. (Note: A small mine will generally contract out for this service. The small mine operator will submit 2 updates annually requiring 4 hours and 3 maps requiring 1 hour each. Therefore, this is included in paragraph 13 below as a cost estimate.)
Burden Hours
Recordkeeping:
Plan updates:
368 large mines x 16 hours x 4 updates = 23,552 hours
Ventilation Map:
368large mines x 3 maps x 1 hour per map = 1,104 hours
Copying:
368 large mines x 0.5 hours x 4 updates = 736 hours
TOTAL Burden Hours = 25,392
Burden Hour Costs
Updates and Maps
24,656 hours x $57.82 = $1,425,609
Copying
736 hours x $20.55 = $ 15,124
TOTAL Burden Hour Costs = $1,440,733
Sections 75.371(r), (kk), (ll), (mm), (nn), (oo), and (pp) provide that certain information required in §§ 75.325 and 70.1900 be recorded in the mine operator's ventilation plan required by existing § 75.370. MSHA estimates that the time required to record the additional information in the existing ventilation plan will be 20 minutes (0.3333 hours) in a large mine and 10 minutes (0.1667 hours) in a small mine. The information is recorded by a mine supervisor earning $57.82 per hour.
Recordkeeping Burden Hours in Existing § 75.370:
65 large mines x (0.3333 hour) = 22 hours
46 small mines x (0.1667 hour) = 8 hours
TOTAL Burden Hours = 30 hours
Recordkeeping Burden Hour Costs in Existing § 75.370
22 hours x $57.82 wage = $ 1,272
8 hours x $57.82 wage = $ 463
TOTAL Burden Hour Cost = $ 1,735
75.382 Mechanical Escape facilities
Section 75.382(c) requires that mines employing mechanical escape facilities must conduct a weekly examination to assure that the facility is in proper operating condition. Section 75.382(g) requires that the examiner certify by date, time, and initials, that the examination was conducted. It is estimated that 300 such facilities are in use at large mines operating 50 weeks per year and that the weekly examination, including certification, will take 1 hour. The examination can be conducted by a miner at $26.55 per hour.
Burden Hours
300 facilities x 1 hour x 50 weeks = 15,000 hours
Burden Hour Cost
15,000 hours x $26.55 = $398,250
SUMMARY
30 C.F.R. Section |
Burden Hours |
Burden Hour Cost |
75.310 |
4,770 |
$ 126,644 |
75.312 |
70,887 |
$ 1,882,050 |
75.342 |
6,713 |
$ 178,230 |
75.351(h) |
6,483 |
$ 172,124 |
75.360 |
989,092 |
$ 26,866,780 |
75.361 |
4,864 |
$ 129,139 |
75.362 |
429,300 |
$ 24,822,126 |
75.363 |
6,531 |
$ 250,009 |
75.364 |
265,394 |
$ 7,270,435 |
75.370 |
25,392 |
$ 1,440,733 |
75.371 |
30 |
$1,735 |
75.382 |
15,000 |
$ 398,250 |
TOTAL |
1,824,456 |
$63,538,255 |
13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).
! The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life); and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.
! If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.
! Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.
Section 75.363 To make the record of sampling results required by § 75.363, mine operators are required to purchase instantaneous gas analyzers that cost about $2,000 per instrument; however, all existing mines have obtained these devices. To account for new mines which will have to purchase these devices, an average life of 5 years for large mines and an average life for small mines of two years is used to estimate that 7 large mines will start-up annually and 23 small mines will open per year. The large mines will have two analyzers and the small mines will require one unit. The sampling devices will last 10 years, and costs are therefore annualized at 0.142. The devices need to be maintained and calibrated at a cost of $780 per year.
Annualized Equipment Costs For Large Mines:
$2,000 x 7 large mines x 2 analyzers x 0.142 = $ 3,976
Annual Calibration Costs For Large Mines:
$780 x 2 analyzers x 7 large mines = $ 10,920
Annualized Equipment Costs For Small Mines:
$2,000 x 23 small mines x 1 analyzer x 0.142 = $ 6,532
Annual Calibration Costs For Small Mines:
$780 x 1 analyzer x 23 small mines = $ 17,940
$ 39,368
The mine operator must submit a proposed ventilation plan in writing to the district manager for approval and that plan must be reviewed by both the mine operator and MSHA every six months. However, once a ventilation plan is approved, the operator needs to submit only the revised pages, sketches, and drawings of the plan when proposing revisions, unless the district manager requests in writing that the mine operator submit a new fully revised plan. The operator must update the plan as often as is necessary to ensure that the plan is suitable to current conditions in the mine.
A small mine will generally contract out for this service. The small mine operator will submit 2 updates annually requiring 4 hours and 3 maps requiring 1 hour each. Using the same burden hour concept utilized for large mines the following burden cost is estimated for small mine operators as follows:
Cost Estimate:
Recordkeeping:
Plan updates:
244 small mines x 4 hours x 2 updates = 1,952 hours
Ventilation Map:
244 small mines x 3 maps x 1 hour per map = 732 hours
TOTAL = 2,684 hours
Copying:
244 small mines x 0.5 hours x 2 updates = 244 hours
Burden Hour Costs
Updates and Maps 2,684 hours x $57.82 = $155,189
Copying
244 hours x $20.55 = $ 5,014
TOTAL COST = $160,203
Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include number of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.
The review/inspection of ventilation plans, test results and examination in underground mines is just one aspect of the annual inspection. Complete inspections are required under section 103(a) of the Mine Act and are required 4 times a year for underground mines. The average time required to finish a complete inspection is 92.5 hours, and the average grade and salary of a mine inspector is GS 12/5, at $30.06 per hour.
The recurring cost to the Federal Government each year is as follows: There are 612 active mines of which 244 are small mines and 368 are medium/large mines. It is estimated that small mines will average 3 revisions, or supplements (including the ventilation map) each year and large mines will average 5 revisions, or supplements (including the ventilation map). On average MSHA personnel will take 3 hours to review submission. The recurring cost to the Federal Government is estimated as follows:
Reviews by MSHA:
244 x 3 revisions x 3 hours/revision
x $30.06 hour = $ 66,012
368 x 5 revisions x 3 hours/revision
x $30.06 hour = $165,931
$231,943
15. Explain the reasons for any program changes or adjustments reporting in Items 13 or 14 of the OMB Form 83-I.
Respondents: There has been a decrease in the number of Respondents (711 to 612). This is due to a decrease in the number of underground coal mines.
Responses: There has been a decrease of 300,162 in the number of responses (2,144,014 to 1,843,852), due to the decrease in the number of underground coal mines.
Hours: There was a decrease of 244,383 hours (2,068,839 to 1,824,456). The decrease in the number of mines has a direct reflection on the number of hours.
Costs: There has been a decrease of $30K ($190K to $160K). This again is due to the number of mines decreasing.
16. For collections of information whose results will be published, outline plans for tabulation, and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.
MSHA does not intend to publish the results of this information collection.
17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.
There are no forms associated with this information collection; therefore, MSHA is not seeking approval to not display the expiration date for OMB approval of this information collection.
18. Explain each exception to the certification statement identified in Item 19, "Certification for Paperwork Reduction Act Submission," of OMB 83-I.
There are no certification exceptions identified with this information collection.
B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
The agency should be prepared to justify its decision not to use statistical methods in any case where such methods might reduce burden or improve accuracy of results. When Item 17 on the Form OMB 83-I is checked "Yes", the following documentation should be included in the Supporting Statement to the extent that it applies to the methods proposed:
1. Describe (including numerical estimate) the potential respondent universe and any sampling or other respondent selection method to be used. Data on the number of entities (e.g., establishments, State and local government units, households, or persons) in the universe covered by the collection and in the corresponding sample are to be provided in tabular form for the universe as a whole and for each of the strata in the proposed sample. Indicate expected response rates for the collection as a whole. If the collection had been conducted previously, include the actual response rate achieved during the last collection.
2. Describe the procedures for the collection of information including:
! Statistical methodology for stratification and sample selection,
! Estimation procedure,
! Degree of accuracy needed for the purpose described in the justification,
! Unusual problems requiring specialized sampling procedures, and
! Any use of periodic (less frequently than annual) data collection cycles to reduce burden.
3. Describe methods to maximize response rates and to deal with issues of non-response. The accuracy and reliability of information collected must be shown to be adequate for intended uses. For collections based on sampling, a special justification must be provided for any collection that will not yield "reliable" data that can be generalized to the universe studied.
4. Describe any tests of procedures or methods to be undertaken. Testing is encouraged as an effective means of refining collections of information to minimize burden and improve utility. Tests must be approved if they call for answers to identical questions from 10 or more respondents. A proposed test or set of tests may be submitted for approval separately or in combination with the main collection of information.
5. Provide the name and telephone number of individuals consulted on statistical aspects of the design and the name of the agency unit, contractor(s), grantee(s), or other person(s) who will actually collect and/or analyze the information for the agency.
The collection of this information does not employ statistical methods.
Federal
Mine Safety & Health Act of 1977,
Public Law 91-173,
as
amended by Public Law 95-164*
An Act
MANDATORY SAFETY AND HEALTH STANDARDS
SEC. 101. (a) The Secretary shall by rule in accordance with procedures set forth in this section and in accordance with section 553 of title 5, United States Code (without regard to any reference in such section to sections 556 and 557 of such title), develop, promulgate, and revise as may be appropriate, improved mandatory health or safety standards for the protection of life and prevention of injuries in coal or other mines.
VENTILATION
SEC. 303. (a) All coal mines shall be ventilated by mechanical ventilation equipment installed and operated in a manner approved by an authorized representative of the Secretary and such equipment shall be examined daily and a record shall be kept of such examination.
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR75.310]
[Page 478-479]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES--Table of
Contents
Subpart D_Ventilation
Sec. 75.310 Installation of main mine fans.
(a) Each main mine fan shall be--
(1) Installed on the surface in an incombustible housing;
(2) Connected to the mine opening with incombustible air ducts;
(3) Equipped with an automatic device that gives a signal at the
mine when the fan either slows or stops. A responsible person designated
by the operator shall always be at a surface location at the mine where
the signal can be seen or heard while anyone is underground. This person
shall be provided with two-way communication with the working sections
and work stations where persons are routinely assigned to work for the
majority of a shift;
(4) Equipped with a pressure recording device or system. Mines
permitted to shut down main mine fans under Sec. 75.311 and which do
not have a pressure recording device installed on main mine fans shall
have until June 10, 1997 to install a pressure recording device or
system on all main mine fans. If a device or system other than a
circular pressure recorder is used to monitor main mine fan pressure,
the monitoring device or system shall provide a continuous graph or
continuous chart of the pressure as a function of time. At not more than
7-day intervals, a hard copy of the continuous graph or chart shall be
generated or the record of the fan pressure shall be stored
electronically. When records of fan pressure are stored electronically,
the system used to store these records shall be secure and not
susceptible to alteration and shall be capable of storing the required
data. Records of the fan pressure shall be retained at a surface
location at the mine for at least 1 year and be made available for
inspection by authorized representatives of the Secretary and the
representative of miners;
(5) Protected by one or more weak walls or explosion doors, or a
combination of weak walls and explosion doors, located in direct line
with possible explosive forces;
(6) Except as provided under paragraph (e) of this section, offset
by at least 15 feet from the nearest side of the mine opening unless an
alternative method of protecting the fan and its associated components
is approved in the ventilation plan.
(b)(1) If an electric motor is used to drive a main mine fan, the
motor shall operate from a power circuit independent of all mine power
circuits.
(2) If an internal combustion engine is used to drive a main mine
fan--
(i) The fuel supply shall be protected against fires and explosions;
[[Page 479]]
(ii) The engine shall be installed in an incombustible housing and
be equipped with a remote shut-down device;
(iii) The engine and the engine exhaust system shall be located out
of direct line of the air current exhausting from the mine; and
(iv) The engine exhaust shall be vented to the atmosphere so that
the exhaust gases do not contaminate the mine intake air current or any
enclosure.
(c) If a main mine fan monitoring system is used under Sec. 75.312,
the system shall--
(1) Record, as described in paragraph (a)(4) the mine ventilating
pressure;
(2) Monitor bearing temperature, revolutions per minute, vibration,
electric voltage, and amperage;
(3) Provide a printout of the monitored parameters, including the
mine ventilating pressure within a reasonable period, not to exceed the
end of the next scheduled shift during which miners are underground; and
(4) Be equipped with an automatic device that signals when--
(i) An electrical or mechanical deficiency exists in the monitoring
system; or
(ii) A sudden increase or loss in mine ventilating pressure occurs.
(5) Provide monitoring, records, printouts, and signals required by
paragraphs (c)(1) through (c)(4) at a surface location at the mine where
a responsible person designated by the operator is always on duty and
where signals from the monitoring system can be seen or heard while
anyone is underground. This person shall be provided with two-way
communication with the working sections and work stations where persons
are routinely assigned to work for the majority of a shift.
(d) Weak walls and explosion doors shall have cross-sectional areas
at least equal to that of the entry through which the pressure from an
explosion underground would be relieved. A weak wall and explosion door
combination shall have a total cross-sectional area at least equal to
that of the entry through which the pressure from an explosion
underground would be relieved.
(e) If a mine fan is installed in line with an entry, a slope, or a
shaft--
(1) The cross-sectional area of the pressure relief entry shall be
at least equal to that of the fan entry;
(2) The fan entry shall be developed out of direct line with
possible explosive forces;
(3) The coal or other solid material between the pressure relief
entry and the fan entry shall be at least 2,500 square feet; and
(4) The surface opening of the pressure relief entry shall be not
less than 15 feet nor more than 100 feet from the surface opening of the
fan entry and from the underground intersection of the fan entry and
pressure relief entry.
(f) In mines ventilated by multiple main mine fans, incombustible
doors shall be installed so that if any main mine fan stops and air
reversals through the fan are possible, the doors on the affected fan
automatically close.
[61 FR 9829, Mar. 11, 1996, as amended at 61 FR 20877, May 8, 1996]
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR75.312]
[Page 480-481]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES--Table of
Contents
Subpart D_Ventilation
Sec. 75.312 Main mine fan examinations and records.
(a) To assure electrical and mechanical reliability of main mine
fans, each main mine fan and its associated components, including
devices for measuring or recording mine ventilation pressure, shall be
examined for proper operation by a trained person designated by the
operator. Examinations of main mine fans shall be made at least once
each day that the fan operates, unless a fan monitoring system is used.
No examination is required on any day when no one, including certified
persons, goes underground, except that an examination shall be completed
prior to anyone entering the mine.
(b)(1) If a main mine fan monitoring system is used, a trained
person designated by the operator shall--
(i) At least once each day review the data provided by the fan
monitoring system to assure that the fan and the fan monitoring system
are operating properly. No review is required on any day when no one,
including certified persons, goes underground, except that a review of
the data shall be performed prior to anyone entering the underground
portion of the mine. Data reviewed should include the fan pressure,
bearing temperature, revolutions per minute, vibration, electric
voltage, and amperage; and
(ii) At least every 7 days--
(A) Test the monitoring system for proper operation; and
(B) Examine each main mine fan and its associated components to
assure electrical and mechanical reliability of main mine fans.
(2) If the monitoring system malfunctions, the malfunction shall be
corrected, or paragraph (a) of this section shall apply.
(c) At least every 31 days, the automatic fan signal device for each
main mine fan shall be tested by stopping the fan. Only persons
necessary to evaluate the effect of the fan stoppage or restart, or to
perform maintenance or repair work that cannot otherwise be made while
the fan is operating, shall be permitted underground. Notwithstanding
the requirement of Sec. 75.311(b)(3), underground power may remain
energized during this test provided no one, including persons identified
in Sec. 75.311(b)(1), is underground. If the fan is not restarted
within 15 minutes, underground power shall be deenergized and no one
shall enter any underground area of the mine until the fan is restarted
and an examination of the mine is conducted as described in Sec. 75.360
(b) through (e) and the mine has been determined to be safe.
(d) At least every 31 days, the automatic closing doors in multiple
main mine fan systems shall be tested by stopping the fan. Only persons
necessary to evaluate the effect of the fan stoppage or restart, or to
perform maintenance or repair work that cannot otherwise be made while
the fan is operating, shall be permitted underground. Notwithstanding
the provisions of Sec. 75.311, underground power may remain energized
during this test provided no one, including persons
[[Page 481]]
identified in Sec. 75.311(b)(1), is underground. If the fan is not
restarted within 15 minutes, underground power shall be deenergized and
no one shall enter any underground area of the mine, until the fan is
restarted and an examination of the mine is conducted as described in
Sec. 75.360 (b) through (e) and the mine has been determined to be
safe.
(e) Circular main mine fan pressure recording charts shall be
changed before the beginning of a second revolution.
(f)(1) Certification. Persons making main mine fan examinations
shall certify by initials and date at the fan or another location
specified by the operator that the examinations were made. Each
certification shall identify the main mine fan examined.
(2) Persons reviewing data produced by a main mine fan monitoring
system shall certify by initials and date on a printed copy of the data
from the system that the review was completed. In lieu of certification
on a copy of the data, the person reviewing the data may certify
electronically that the review was completed. Electronic certification
shall be by handwritten initials and date in a computer system so as to
be secure and not susceptible to alteration.
(g)(1) Recordkeeping. By the end of the shift on which the
examination is made, persons making main mine fan examinations shall
record all uncorrected defects that may affect the operation of the fan
that are not corrected by the end of that shift. Records shall be
maintained in a secure book that is not susceptible to alteration or
electronically in a computer system so as to be secure and not
susceptible to alteration.
(2) When a fan monitoring system is used in lieu of the daily fan
examination--
(i) The certified copies of data produced by fan monitoring systems
shall be maintained separate from other computer-generated reports or
data; and
(ii) A record shall be made of any fan monitoring system
malfunctions, electrical or mechanical deficiencies in the monitoring
system and any sudden increase or loss in mine ventilating pressure. The
record shall be made by the end of the shift on which the review of the
data is completed and shall be maintained in a secure book that is not
susceptible to alteration or electronically in a computer system so as
to be secure and not susceptible to alteration.
(3) By the end of the shift on which the monthly test of the
automatic fan signal device or the automatic closing doors is completed,
persons making these tests shall record the results of the tests.
Records shall be maintained in a secure book that is not susceptible to
alteration or electronically in a computer system so as to be secure and
not susceptible to alteration.
(h) Retention period. Records, including records of mine fan
pressure and the certified copies of data produced by fan monitoring
systems, shall be retained at a surface location at the mine for at
least 1 year and shall be made available for inspection by authorized
representatives of the Secretary and the representative of miners.
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR75.342]
[Page 493]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES--Table of
Contents
Subpart D_Ventilation
Sec. 75.342 Methane monitors.
(a)(1) MSHA approved methane monitors shall be installed on all face
cutting machines, continuous miners, longwall face equipment, loading
machines, and other mechanized equipment used to extract or load coal
within the working place.
(2) The sensing device for methane monitors on longwall shearing
machines shall be installed at the return air end of the longwall face.
An additional sensing device also shall be installed on the longwall
shearing machine, downwind and as close to the cutting head as
practicable. An alternative location or locations for the sensing device
required on the longwall shearing machine may be approved in the
ventilation plan.
(3) The sensing devices of methane monitors shall be installed as
close to the working face as practicable.
(4) Methane monitors shall be maintained in permissible and proper
operating condition and shall be calibrated with a known air-methane
mixture at least once every 31 days. To assure that methane monitors are
properly maintained and calibrated, the operator shall:
(i) Use persons properly trained in the maintenance, calibration,
and permissibility of methane monitors to calibrate and maintain the
devices.
(ii) Maintain a record of all calibration tests of methane monitors.
Records shall be maintained in a secure book that is not susceptible to
alteration or electronically in a computer system so as to be secure and
not susceptible to alteration.
(iii) Retain the record of calibration tests for 1 year from the
date of the test. Records shall be retained at a surface location at the
mine and made available for inspection by authorized representatives of
the Secretary and the representative of miners.
(b)(1) When the methane concentration at any methane monitor reaches
1.0 percent the monitor shall give a warning signal.
(2) The warning signal device of the methane monitor shall be
visible to a person who can deenergize electric equipment or shut down
diesel-powered equipment on which the monitor is mounted.
(c) The methane monitor shall automatically deenergize electric
equipment or shut down diesel-powered equipment on which it is mounted
when--
(1) The methane concentration at any methane monitor reaches 2.0
percent; or
(2) The monitor is not operating properly.
[61 FR 9829, Mar. 11, 1996, as amended at 61 FR 55527, Oct. 25, 1996]
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR75.351]
[Page 495-498]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES--Table of
Contents
Subpart D_Ventilation
Sec. 75.351 Atmospheric monitoring systems.
(a) AMS operation. Whenever personnel are underground and an AMS is
used to fulfill the requirements of Sec. Sec. 75.323(d)(1)(ii),
75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), 75.350(d), or 75.362(f),
the AMS must be operating and a designated AMS operator must be on duty
at a location on the surface of the mine where audible and visual
signals from the AMS must be seen or heard and the AMS operator can
promptly respond to these signals.
(b) Designated surface location and AMS operator. When an AMS is
used to comply with Sec. Sec. 75.323(d)(1)(ii), 75.340(a)(1)(ii),
75.340(a)(2)(ii), 75.350(b), 75.350(d), or 75.362(f), the following
requirements apply:
(1) The mine operator must designate a surface location at the mine
where signals from the AMS will be received and two-way voice
communication is maintained with each working section, with areas where
mechanized mining equipment is being installed or removed, and with
other areas designated in the approved emergency evacuation and
firefighting program of instruction (Sec. 75.1502).
(2) The mine operator must designate an AMS operator to monitor and
promptly respond to all AMS signals.
(3) A map or schematic must be provided at the designated surface
location that shows the locations and type of AMS sensor at each
location, and the intended air flow direction at these locations. This
map or schematic must be updated within 24 hours of any change in this
information.
(4) The names of the designated AMS operators and other appropriate
personnel, including the designated person responsible for initiating an
emergency mine evacuation under Sec. 75.1501, and the method to contact
these persons, must be provided at the designated surface location.
(c) Minimum operating requirements. AMSs used to comply with
Sec. Sec. 75.323(d)(1)(ii), 75.340(a)(1)(ii), 75.340(a)(2)(ii),
75.350(b), 75.350(d), or 75.362(f) must:
(1) Automatically provide visual and audible signals at the
designated surface location for any interruption of circuit continuity
and any electrical malfunction of the system. These signals must be of
sufficient magnitude to be seen or heard by the AMS operator.
(2) Automatically provide visual and audible signals at the
designated surface location when the carbon monoxide concentration or
methane concentration at any sensor reaches the alert level as specified
in Sec. 75.351(i). These signals must be of sufficient magnitude to be
seen or heard by the AMS operator.
(3) Automatically provide visual and audible signals at the
designated surface location distinguishable from alert signals when the
carbon monoxide, smoke, or methane concentration at any sensor reaches
the alarm level as specified in Sec. 75.351(i). These signals must be
of sufficient magnitude
[[Page 496]]
to be seen or heard by the AMS operator.
(4) Automatically provide visual and audible signals at all affected
working sections and at all affected areas where mechanized mining
equipment is being installed or removed when the carbon monoxide, smoke,
or methane concentration at any sensor reaches the alarm level as
specified in Sec. 75.351(i). These signals must be of sufficient
magnitude to be seen or heard by miners working at these locations.
Methane signals must be distinguishable from other signals.
(5) Automatically provide visual and audible signals at other
locations as specified in Mine Emergency Evacuation and Firefighting
Program of Instruction (Sec. 75.1502) when the carbon monoxide, smoke,
or methane concentration at any sensor reaches the alarm level as
specified in Sec. 75.351(i). These signals must be seen or heard by
miners working at these locations. Methane alarms must be
distinguishable from other signals.
(6) Identify at the designated surface location the operational
status of all sensors.
(7) Automatically provide visual and audible alarm signals at the
designated surface location, at all affected working sections, and at
all affected areas where mechanized mining equipment is being installed
or removed when the carbon monoxide level at any two consecutive sensors
alert at the same time. These signals must be seen or heard by the AMS
operator and miners working at these locations.
(d) Location and installation of AMS sensors. (1) All AMS sensors,
as specified in Sec. Sec. 75.351(e) through 75.351(h), must be located
such that measurements are representative of the mine atmosphere in
these locations.
(2) Carbon monoxide or smoke sensors must be installed near the
center in the upper third of the entry, in a location that does not
expose personnel working on the system to unsafe conditions. Sensors
must not be located in abnormally high areas or in other locations where
air flow patterns do not permit products of combustion to be carried to
the sensors.
(3) Methane sensors must be installed near the center of the entry,
at least 12 inches from the roof, ribs, and floor, in a location that
would not expose personnel working on the system to unsafe conditions.
(e) Location of sensors--belt air course. In addition to the
requirements of paragraph (d) of this section, any AMS used to monitor
belt air courses under Sec. 75.350(b) must have sensors to monitor for
carbon monoxide or smoke at the following locations:
(1) At or near the working section belt tailpiece in the air stream
ventilating the belt entry. In longwall mining systems the sensor must
be located upwind in the belt entry at a distance no greater than 150
feet from the mixing point where intake air is mixed with the belt air
at or near the tailpiece;
(2) Upwind, a distance no greater than 50 feet from the point where
the belt air course is combined with another air course or splits into
multiple air courses;
(3) At intervals not to exceed 1,000 feet along each belt entry in
areas where air velocities are maintained at 50 feet per minute or
higher. In areas along each belt entry where air velocities are less
than 50 feet per minute, the sensor spacing must not exceed 350 feet.
All sensors must be installed at the 1,000-foot spacing no later than
August 2, 2004.
(4) Not more than 100 feet downwind of each belt drive unit, each
tailpiece transfer point, and each belt take-up. If the belt drive,
tailpiece, and/or take-up for a single transfer point are installed
together in the same air course they may be monitored with one sensor
located not more than 100 feet downwind of the last component; and
(5) At other locations in any entry that is part of the belt air
course as required and specified in the mine ventilation plan.
(f) Locations of sensors--the primary escapeway. When used to
monitor the primary escapeway under Sec. 75.350(b)(4), carbon monoxide
or smoke sensors must be located in the primary escapeway within 500
feet of the working section and areas where mechanized mining equipment
is being installed or removed. In addition, another sensor must be
located within 500 feet inby the beginning of the panel.
[[Page 497]]
The point-feed sensor required by Sec. 75.350(d)(1) may be used as the
sensor at the beginning of the panel if it is located within 500 feet
inby the beginning of the panel.
(g) Location of sensors--return air splits. (1) If used to monitor
return air splits under Sec. 75.362(f), a methane sensor must be
installed in the return air split between the last working place,
longwall or shortwall face ventilated by that air split, and the
junction of the return air split with another air split, seal, or worked
out area.
(2) If used to monitor a return air split under Sec.
75.323(d)(1)(ii), the methane sensors must be installed at the following
locations:
(i) In the return air course opposite the section loading point, or,
if exhausting auxiliary fan(s) are used, in the return air course no
closer than 300 feet downwind from the fan exhaust and at a point
opposite or immediately outby the section loading point; and
(ii) Immediately upwind from the location where the return air split
meets another air split or immediately upwind of the location where an
air split is used to ventilate seals or worked-out areas.
(h) Location of sensors--electrical installations. When monitoring
the intake air ventilating underground transformer stations, battery
charging stations, substations, rectifiers, or water pumps under Sec.
75.340(a)(1)(ii) or Sec. 75.340(a)(2)(ii), at least one sensor must be
installed to monitor the mine atmosphere for carbon monoxide or smoke,
located downwind and not greater than 50 feet from the electrical
installation being monitored.
(i) Establishing alert and alarm levels. An AMS installed in
accordance with the following paragraphs must initiate alert and alarm
signals at the specified levels, as indicated:
(1) For Sec. 75.323(d)(1)(ii) alarm at 1.5% methane.
(2) For Sec. Sec. 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b),
and 75.350(d), alert at 5 ppm carbon monoxide above the ambient level
and alarm at 10 ppm carbon monoxide above the ambient level when carbon
monoxide sensors are used; and alarm at a smoke optical density of 0.022
per meter when smoke sensors are used. Reduced alert and alarm settings
approved by the district manager may be required for carbon monoxide
sensors identified in the mine ventilation plan, Sec. 75.371(nn).
(3) For Sec. 75.362(f), alert at 1.0% methane and alarm at 1.5%
methane.
(j) Establishing carbon monoxide ambient levels. Carbon monoxide
ambient levels and the means to determine these levels must be approved
in the mine ventilation plan (Sec. 75.371(hh)) for monitors installed
in accordance with Sec. Sec. 75.340(a)(1)(ii), 75.340(a)(2)(ii),
75.350(b), and 75.350(d).
(k) Installation and maintenance. An AMS installed in accordance
with Sec. Sec. 75.323(d)(1)(ii), 75.340(a)(1)(ii), 75.340(a)(2)(ii),
75.350(b), 75.350(d), or 75.362(f) must be installed and maintained by
personnel trained in the installation and maintenance of the system. The
system must be maintained in proper operating condition.
(l) Sensors. Sensors used to monitor for carbon monoxide, methane,
and smoke must be either of a type listed and installed in accordance
with the recommendations of a nationally recognized testing laboratory
approved by the Secretary; or these sensors must be of a type, and
installed in a manner, approved by the Secretary.
(m) Time delays. When a demonstrated need exists, time delays may be
incorporated into the AMS. These time delays must only be used to
account for non-fire related carbon monoxide alert and alarm sensor
signals. These time delays are limited to no more than three minutes.
The use and length of any time delays, or other techniques or methods
which eliminate or reduce the need for time delays, must be specified
and approved in the mine ventilation plan.
(n) Examination, testing, and calibration. (1) At least once each
shift when belts are operated as part of a production shift, sensors
used to detect carbon monoxide or smoke in accordance with Sec. Sec.
75.350(b), and 75.350(d), and alarms installed in accordance with Sec.
75.350(b) must be visually examined.
(2) At least once every seven days, alarms for AMS installed in
accordance with Sec. Sec. 75.350(b), and 75.350(d) must be functionally
tested for proper operation.
[[Page 498]]
(3) At intervals not to exceed 31 days--
(i) Each carbon monoxide sensor installed in accordance with
Sec. Sec. 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), or 75.350(d)
must be calibrated in accordance with the manufacturer's calibration
specifications. Calibration must be done with a known concentration of
carbon monoxide in air sufficient to activate the alarm;
(ii) Each smoke sensor installed in accordance with Sec. Sec.
75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), or 75.350(d) must be
functionally tested in accordance with the manufacturer's calibration
specifications;
(iii) Each methane sensor installed in accordance with Sec. Sec.
75.323(d)(1)(ii) or 75.362(f) must be calibrated in accordance with the
manufacturer's calibration specifications. Calibration must be done with
a known concentration of methane in air sufficient to activate an alarm.
(iv) If the alert or alarm signals will be activated during
calibration of sensors, the AMS operator must be notified prior to and
upon completion of calibration. The AMS operator must notify miners on
affected working sections, areas where mechanized mining equipment is
being installed or removed, or other areas designated in the approved
emergency evacuation and firefighting program of instruction (Sec.
75.1502) when calibration will activate alarms and when calibration is
completed.
(4) Gases used for the testing and calibration of AMS sensors must
be traceable to the National Institute of Standards and Technology
reference standard for the specific gas. When these reference standards
are not available for a specific gas, calibration gases must be
traceable to an analytical standard which is prepared using a method
traceable to the National Institute of Standards and Technology.
Calibration gases must be within <PLUS-MINUS2.0 percent of
the indicated gas concentration.
(o) Recordkeeping. (1) When an AMS is used to comply with Sec. Sec.
75.323(d)(1)(ii), 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b),
75.350(d), or 75.362(f), individuals designated by the operator must
make the following records by the end of the shift in which the
following event(s) occur:
(i) If an alert or alarm signal occurs, a record of the date, time,
location and type of sensor, and the cause for the activation.
(ii) If an AMS malfunctions, a record of the date, the extent and
cause of the malfunction, and the corrective action taken to return the
system to proper operation.
(iii) A record of the seven-day tests of alert and alarm signals;
calibrations; and maintenance of the AMS must be made by the person(s)
performing these actions.
(2) The person entering the record must include their name, date,
and signature in the record.
(3) The records required by this section must be kept either in a
secure book that is not susceptible to alteration, or electronically in
a computer system that is secure and not susceptible to alteration.
These records must be maintained separately from other records and
identifiable by a title, such as the `AMS log.'
(p) Retention period. Records must be retained for at least one year
at a surface location at the mine and made available for inspection by
miners and authorized representatives of the Secretary.
(q) Training. All AMS operators must be trained annually in the
proper operation of the AMS. A record of the content of training, the
person conducting the training, and the date the training was conducted,
must be maintained at the mine for at least one year by the mine
operator.
(r) Communications. When an AMS is used to comply with Sec.
75.350(b), a two-way voice communication system required by Sec.
75.1600 must be installed in an entry that is separate from the entry in
which the AMS is installed no later than August 2, 2004. The two-way
voice communication system may be installed in the entry where the
intake sensors required by Sec. Sec. 75.350(b)(4) or 75.350(d)(1) are
installed.
[69 FR 17527, Apr. 2, 2004]
[[Page 499]]
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR75.360]
[Page 500-501]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES--Table of
Contents
Subpart D_Ventilation
Sec. 75.360 Preshift examination at fixed intervals.
(a)(1) Except as provided in paragraph (a)(2) of this section, a
certified person designated by the operator must make a preshift
examination within 3 hours preceding the beginning of any 8-hour
interval during which any person is scheduled to work or travel
underground. No person other than certified examiners may enter or
remain in any underground area unless a preshift examination has been
completed for the established 8-hour interval. The operator must
establish 8-hour intervals of time subject to the required preshift
examinations.
(2) Preshift examinations of areas where pumpers are scheduled to
work or travel shall not be required prior to the pumper entering the
areas if the pumper is a certified person and the pumper conducts an
examination for hazardous conditions, tests for methane and oxygen
deficiency and determines if the air is moving in its proper direction
in the area where the pumper works or travels. The examination of the
area must be completed before the pumper performs any other work. A
record of all hazardous conditions found by the pumper shall be made and
retained in accordance with Sec. 75.363.
(b) The person conducting the preshift examination shall examine for
hazardous conditions, test for methane and oxygen deficiency, and
determine if the air is moving in its proper direction at the following
locations:
(1) Roadways, travelways and track haulageways where persons are
scheduled, prior to the beginning of the preshift examination, to work
or travel during the oncoming shift.
(2) Belt conveyors that will be used to transport persons during the
oncoming shift and the entries in which these belt conveyors are
located.
(3) Working sections and areas where mechanized mining equipment is
being installed or removed, if anyone is scheduled to work on the
section or in the area during the oncoming shift. The scope of the
examination shall include the working places, approaches to worked-out
areas and ventilation controls on these sections and in these areas, and
the examination shall include tests of the roof, face and rib conditions
on these sections and in these areas.
(4) Approaches to worked-out areas along intake air courses and at
the entries used to carry air into worked-out areas if the intake air
passing the approaches is used to ventilate working sections where
anyone is scheduled to work during the oncoming shift. The examination
of the approaches to the worked-out areas shall be made in the intake
air course immediately inby and outby each entry used to carry air into
the worked-out area. An examination of the entries used to carry air
into the worked-out areas shall be conducted at a point immediately inby
the intersection of each entry with the intake air course.
(5) Seals along intake air courses where intake air passes by a seal
to ventilate working sections where anyone is scheduled to work during
the oncoming shift.
(6)(i) Entries and rooms developed after November 15, 1992, and
developed more than 2 crosscuts off an intake air course without
permanent ventilation controls where intake air passes through or by
these entries or rooms to reach a working section where anyone is
scheduled to work during the oncoming shift; and,
(ii) Entries and rooms developed after November 15, 1992, and driven
more than 20 feet off an intake air course without a crosscut and
without permanent ventilation controls where intake air passes through
or by these entries or rooms to reach a working section where anyone is
scheduled to work during the oncoming shift.
(7) Areas where trolley wires or trolley feeder wires are to be or
will remain energized during the oncoming shift.
(8) High spots along intake air courses where methane is likely to
accumulate, if equipment will be operated in the area during the shift.
(9) Underground electrical installations referred to in Sec.
75.340(a), except those pumps listed in Sec. 75.340 (b)(2) through
(b)(6), and areas where compressors subject to Sec. 75.344 are
installed if the electrical installation or compressor is or will be
energized during the shift.
[[Page 501]]
(10) Other areas where work or travel during the oncoming shift is
scheduled prior to the beginning of the preshift examination.
(c) The person conducting the preshift examination shall determine
the volume of air entering each of the following areas if anyone is
scheduled to work in the areas during the oncoming shift:
(1) In the last open crosscut of each set of entries or rooms on
each working section and areas where mechanized mining equipment is
being installed or removed. The last open crosscut is the crosscut in
the line of pillars containing the permanent stoppings that separate the
intake air courses and the return air courses.
(2) On each longwall or shortwall in the intake entry or entries at
the intake end of the longwall or shortwall face immediately outby the
face and the velocity of air at each end of the face at the locations
specified in the approved ventilation plan.
(3) At the intake end of any pillar line--
(i) If a single split of air is used, in the intake entry furthest
from the return air course, immediately outby the first open crosscut
outby the line of pillars being mined; or
(ii) If a split system is used, in the intake entries of each split
immediately inby the split point.
(d) The district manager may require the certified person to examine
other areas of the mine or examine for other hazards during the preshift
examination.
(e) Certification. At each working place examined, the person doing
the preshift examination shall certify by initials, date, and the time,
that the examination was made. In areas required to be examined outby a
working section, the certified person shall certify by initials, date,
and the time at enough locations to show that the entire area has been
examined.
(f) Recordkeeping. A record of the results of each preshift
examination, including a record of hazardous conditions and their
locations found by the examiner during each examination and of the
results and locations of air and methane measurements, shall be made on
the surface before any persons, other than certified persons conducting
examinations required by this subpart, enter any underground area of the
mine. The results of methane tests shall be recorded as the percentage
of methane measured by the examiner. The record shall be made by the
certified person who made the examination or by a person designated by
the operator. If the record is made by someone other than the examiner,
the examiner shall verify the record by initials and date by or at the
end of the shift for which the examination was made. A record shall also
be made by a certified person of the action taken to correct hazardous
conditions found during the preshift examination. All preshift and
corrective action records shall be countersigned by the mine foreman or
equivalent mine official by the end of the mine foreman's or equivalent
mine official's next regularly scheduled working shift. The records
required by this section shall be made in a secure book that is not
susceptible to alteration or electronically in a computer system so as
to be secure and not susceptible to alteration.
(g) Retention period. Records shall be retained at a surface
location at the mine for at least 1 year and shall be made available for
inspection by authorized representatives of the Secretary and the
representative of miners.
[61 FR 9829, Mar. 11, 1996, as amended at 61 FR 55527, Oct. 25, 1996; 62
FR 35085, June 30, 1997; 64 FR 45170, Aug. 19, 1999]
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR75.361]
[Page 501-502]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES--Table of
Contents
Subpart D_Ventilation
Sec. 75.361 Supplemental examination.
(a) Except for certified persons conducting examinations required by
this subpart, within 3 hours before anyone enters an area in which a
preshift examination has not been made for that shift, a certified
person shall examine the area for hazardous conditions, determine
whether the air is traveling in its proper direction and at its normal
volume, and test for methane and oxygen deficiency.
(b) Certification. At each working place examined, the person making
the supplemental examination shall certify by initials, date, and the
time, that the examination was made. In areas required to be examined
outby a working
[[Page 502]]
section, the certified person shall certify by initials, date, and the
time at enough locations to show that the entire area has been examined.
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR75.362]
[Page 502-503]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES--Table of
Contents
Subpart D_Ventilation
Sec. 75.362 On-shift examination.
(a) (1) At least once during each shift, or more often if necessary
for safety, a certified person designated by the operator shall conduct
an on-shift examination of each section where anyone is assigned to work
during the shift and any area where mechanized mining equipment is being
installed or removed during the shift. The certified person shall check
for hazardous conditions, test for methane and oxygen deficiency, and
determine if the air is moving in its proper direction.
(2) A person designated by the operator shall conduct an examination
to assure compliance with the respirable dust control parameters
specified in the mine ventilation plan. In those instances when a shift
change is accomplished without an interruption in production on a
section, the examination shall be made anytime within 1 hour of the
shift change. In those instances when there is an interruption in
production during the shift change, the examination shall be made before
production begins on a section. Deficiencies in dust controls shall be
corrected before production begins or resumes. The examination shall
include air quantities and velocities, water pressures and flow rates,
excessive leakage in the water delivery system, water spray numbers and
orientations, section ventilation and control device placement, and any
other dust suppression measures required by the ventilation plan.
Measurements of the air velocity and quantity, water pressure and flow
rates are not required if continuous monitoring of these controls is
used and indicates that the dust controls are functioning properly.
(b) During each shift that coal is produced, a certified person
shall examine for hazardous conditions along each belt conveyor
haulageway where a belt conveyor is operated. This examination may be
conducted at the same time as the preshift examination of belt conveyors
and belt conveyor haulageways, if the examination is conducted within 3
hours before the oncoming shift.
(c) Persons conducting the on-shift examination shall determine at
the following locations:
(1) The volume of air in the last open crosscut of each set of
entries or rooms on each section and areas where mechanized mining
equipment is being installed or removed. The last open crosscut is the
crosscut in the line of pillars containing the permanent stoppings that
separate the intake air courses and the return air courses.
(2) The volume of air on a longwall or shortwall, including areas
where longwall or shortwall equipment is being installed or removed, in
the intake entry or entries at the intake end of the longwall or
shortwall.
(3) The velocity of air at each end of the longwall or shortwall
face at the locations specified in the approved ventilation plan.
(4) The volume of air at the intake end of any pillar line--
(i) Where a single split of air is used in the intake entry furthest
from the return air course immediately outby the first open crosscut
outby the line of pillars being mined; or
(ii) Where a split system is used in the intake entries of each
split immediately inby the split point.
(d) (1) A qualified person shall make tests for methane--
(i) At the start of each shift at each working place before
electrically operated equipment is energized; and
(ii) Immediately before equipment is energized, taken into, or
operated in a working place; and
(iii) At 20-minute intervals, or more often if required in the
approved ventilation plan at specific locations, during the operation of
equipment in the working place.
(2) Except as provided for in paragraph (d)(3) of this section,
these methane tests shall be made at the face from under permanent roof
support, using extendable probes or other acceptable means. When
longwall or shortwall mining systems are used, these methane tests shall
be made at the shearer, the plow, or the cutting head. When mining has
been stopped for more than 20 minutes, methane tests shall be conducted
prior to the start up of equipment.
[[Page 503]]
(3) As an alternative method of compliance with paragraph (d)(2) of
this section during roof bolting, methane tests may be made by sweeping
an area not less than 16 feet inby the last area of permanently
supported roof, using a probe or other acceptable means. This method of
testing is conditioned on meeting the following requirements:
(i) The roof bolting machine must be equipped with an integral
automated temporary roof support (ATRS) system that meets the
requirements of 30 CFR 75.209.
(ii) The roof bolting machine must have a permanently mounted, MSHA-
approved methane monitor which meets the maintenance and calibration
requirements of 30 CFR 75.342(a)(4), the warning signal requirements of
30 CFR 75.342(b), and the automatic de-energization requirements of 30
CFR 75.342(c).
(iii) The methane monitor sensor must be mounted near the inby end
and within 18 inches of the longitudinal center of the ATRS support, and
positioned at least 12 inches from the roof when the ATRS is fully
deployed.
(iv) Manual methane tests must be made at intervals not exceeding 20
minutes. The test may be made either from under permanent roof support
or from the roof bolter's work position protected by the deployed ATRS.
(v) Once a methane test is made at the face, all subsequent methane
tests in the same area of unsupported roof must also be made at the
face, from under permanent roof support, using extendable probes or
other acceptable means at intervals not exceeding 20 minutes.
(vi) The district manager may require that the ventilation plan
include the minimum air quantity and the position and placement of
ventilation controls to be maintained during roof bolting.
(e) If auxiliary fans and tubing are used, they shall be inspected
frequently.
(f) During each shift that coal is produced and at intervals not
exceeding 4 hours, tests for methane shall be made by a certified person
or by an atmospheric monitoring system (AMS) in each return split of air
from each working section between the last working place, or longwall or
shortwall face, ventilated by that split of air and the junction of the
return air split with another air split, seal, or worked-out area. If
auxiliary fans and tubing are used, the tests shall be made at a
location outby the auxiliary fan discharge.
(g) Certification. (1) The person conducting the on-shift
examination in belt haulage entries shall certify by initials, date, and
time that the examination was made. The certified person shall certify
by initials, date, and the time at enough locations to show that the
entire area has been examined.
(2) The certified person directing the on-shift examination to
assure compliance with the respirable dust control parameters specified
in the mine ventilation plan shall certify by initials, date, and time
that the examination was made.
[61 FR 9829, Mar. 11, 1996; 61 FR 26442, May 28, 1996, as amended at 68
FR 40138, July 7, 2003]
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR75.363]
[Page 503-504]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES--Table of
Contents
Subpart D_Ventilation
Sec. 75.363 Hazardous conditions; posting, correcting and recording.
(a) Any hazardous condition found by the mine foreman or equivalent
mine official, assistant mine foreman or equivalent mine official, or
other certified persons designated by the operator for the purposes of
conducting examinations under this subpart D, shall be posted with a
conspicuous danger sign where anyone entering the areas would pass. A
hazardous condition shall be corrected immediately or the area shall
remain posted until the hazardous condition is corrected. If the
condition creates an imminent danger, everyone except those persons
referred to in section 104(c) of the Act shall be withdrawn from the
area affected to a safe area until the hazardous condition is corrected.
Only persons designated by the operator to correct or evaluate the
condition may enter the posted area.
(b) A record shall be made of any hazardous condition found. This
record shall be kept in a book maintained for this purpose on the
surface at the mine. The record shall be made by the completion of the
shift on which the hazardous condition is found and shall include the
nature and location of the hazardous condition and the corrective action
taken. This record shall not be
[[Page 504]]
required for shifts when no hazardous conditions are found or for
hazardous conditions found during the preshift or weekly examinations
inasmuch as these examinations have separate recordkeeping requirements.
(c) The record shall be made by the certified person who conducted
the examination or a person designated by the operator. If made by a
person other than the certified person, the certified person shall
verify the record by initials and date by or at the end of the shift for
which the examination was made. Records shall be countersigned by the
mine foreman or equivalent mine official by the end of the mine
foreman's or equivalent mine official's next regularly scheduled working
shift. The record shall be made in a secure book that is not susceptible
to alteration or electronically in a computer system so as to be secure
and not susceptible to alteration.
(d) Retention period. Records shall be retained at a surface
location at the mine for at least 1 year and shall be made available for
inspection by authorized representatives of the Secretary and the
representative of miners.
[61 FR 9829, Mar. 11, 1996; 61 FR 26442, May 28, 1996]
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR75.364]
[Page 504-505]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES--Table of
Contents
Subpart D_Ventilation
Sec. 75.364 Weekly examination.
(a) Worked-out areas. (1) At least every 7 days, a certified person
shall examine unsealed worked-out areas where no pillars have been
recovered by traveling to the area of deepest penetration; measuring
methane and oxygen concentrations and air quantities and making tests to
determine if the air is moving in the proper direction in the area. The
locations of measurement points where tests and measurements will be
performed shall be included in the mine ventilation plan and shall be
adequate in number and location to assure ventilation and air quality in
the area. Air quantity measurements shall also be made where the air
enters and leaves the worked-out area. An alternative method of
evaluating the ventilation of the area may be approved in the
ventilation plan.
(2) At least every 7 days, a certified person shall evaluate the
effectiveness of bleeder systems required by Sec. 75.334 as follows:
(i) Measurements of methane and oxygen concentrations and air
quantity and a test to determine if the air is moving in its proper
direction shall be made where air enters the worked-out area.
(ii) Measurements of methane and oxygen concentrations and air
quantity and a test to determine if the air is moving in the proper
direction shall be made immediately before the air enters a return split
of air.
(iii) At least one entry of each set of bleeder entries used as part
of a bleeder system under Sec. 75.334 shall be traveled in its
entirety. Measurements of methane and oxygen concentrations and air
quantities and a test to determine if the air is moving in the proper
direction shall be made at the measurement point locations specified in
the mine ventilation plan to determine the effectiveness of the bleeder
system.
(iv) In lieu of the requirements of paragraphs (a)(2)(i) and (iii)
of this section, an alternative method of evaluation may be specified in
the ventilation plan provided the alternative method results in proper
evaluation of the effectiveness of the bleeder system.
(b) Hazardous conditions. At least every 7 days, an examination for
hazardous conditions at the following locations shall be made by a
certified person designated by the operator:
(1) In at least one entry of each intake air course, in its
entirety, so that the entire air course is traveled.
(2) In at least one entry of each return air course, in its
entirety, so that the entire air course is traveled.
(3) In each longwall or shortwall travelway in its entirety, so that
the entire travelway is traveled.
(4) At each seal along return and bleeder air courses and at each
seal along intake air courses not examined under Sec. 75.360(b)(5).
(5) In each escapeway so that the entire escapeway is traveled.
(6) On each working section not examined under Sec. 75.360(b)(3)
during the previous 7 days.
(7) At each water pump not examined during a preshift examination
conducted during the previous 7 days.
[[Page 505]]
(c) Measurements and tests. At least every 7 days, a certified
person shall--
(1) Determine the volume of air entering the main intakes and in
each intake split;
(2) Determine the volume of air and test for methane in the last
open crosscut in any pair or set of developing entries or rooms, in the
return of each split of air immediately before it enters the main
returns, and where the air leaves the main returns; and
(3) Test for methane in the return entry nearest each set of seals
immediately after the air passes the seals.
(d) Hazardous conditions shall be corrected immediately. If the
condition creates an imminent danger, everyone except those persons
referred to in Sec. 104(c) of the Act shall be withdrawn from the area
affected to a safe area until the hazardous condition is corrected.
(e) The weekly examination may be conducted at the same time as the
preshift or on-shift examinations.
(f) (1) The weekly examination is not required during any 7 day
period in which no one enters any underground area of the mine.
(2) Except for certified persons required to make examinations, no
one shall enter any underground area of the mine if a weekly examination
has not been completed within the previous 7 days.
(g) Certification. The person making the weekly examinations shall
certify by initials, date, and the time that the examination was made.
Certifications and times shall appear at enough locations to show that
the entire area has been examined.
(h) Recordkeeping. At the completion of any shift during which a
portion of a weekly examination is conducted, a record of the results of
each weekly examination, including a record of hazardous conditions
found during each examination and their locations, the corrective action
taken, and the results and location of air and methane measurements,
shall be made. The results of methane tests shall be recorded as the
percentage of methane measured by the examiner. The record shall be made
by the person making the examination or a person designated by the
operator. If made by a person other than the examiner, the examiner
shall verify the record by the initials and date by or at the end of the
shift for which the examination was made. The record shall be
countersigned by the mine foreman or equivalent mine official by the end
of the mine foreman's or equivalent mine official's next regularly
scheduled working shift. The records required by this section shall be
made in a secure book that is not susceptible to alteration or
electronically in a computer system so as to be secure and not
susceptible to alteration.
(i) Retention period. Records shall be retained at a surface
location at the mine for at least 1 year and shall be made available for
inspection by authorized representatives of the Secretary and the
representative of miners.
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR75.370]
[Page 505-506]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES--Table of
Contents
Subpart D_Ventilation
Sec. 75.370 Mine ventilation plan; submission and approval.
(a) (1) The operator shall develop and follow a ventilation plan
approved by the district manager. The plan shall be designed to control
methane and respirable dust and shall be suitable to the conditions and
mining system at the mine. The ventilation plan shall consist of two
parts, the plan content as prescribed in Sec. 75.371 and the
ventilation map with information as prescribed in Sec. 75.372. Only
that portion of the map which contains information required under Sec.
75.371 will be subject to approval by the district manager.
(2) The proposed ventilation plan and any revision to the plan shall
be submitted in writing to the district manager. When revisions to a
ventilation plan are proposed, only the revised pages, maps, or sketches
of the plan need to be submitted. When required in writing by the
district manager, the operator shall submit a fully revised plan by
consolidating the plan and all revisions in an orderly manner and by
deleting all outdated material.
(3) (i) The mine operator shall notify the representative of miners
at least 5 days prior to submission of a mine ventilation plan and any
revision to a mine ventilation plan. If requested, the mine operator
shall provide a copy to the representative of miners at the time of
notification. In the event of a
[[Page 506]]
situation requiring immediate action on a plan revision, notification of
the revision shall be given, and if requested, a copy of the revision
shall be provided, to the representative of miners by the operator at
the time of submittal;
(ii) A copy of the proposed ventilation plan, and a copy of any
proposed revision, submitted for approval shall be made available for
inspection by the representative of miners; and
(iii) A copy of the proposed ventilation plan, and a copy of any
proposed revision, submitted for approval shall be posted on the mine
bulletin board at the time of submittal. The proposed plan or proposed
revision shall remain posted until it is approved, withdrawn or denied.
(b) Following receipt of the proposed plan or proposed revision, the
representative of miners may submit timely comments to the district
manager, in writing, for consideration during the review process. A copy
of these comments shall also be provided to the operator by the district
manager upon request.
(c) (1) The district manager will notify the operator in writing of
the approval or denial of approval of a proposed ventilation plan or
proposed revision. A copy of this notification will be sent to the
representative of miners by the district manager.
(2) If the district manager denies approval of a proposed plan or
revision, the deficiencies of the plan or revision shall be specified in
writing and the operator will be provided an opportunity to discuss the
deficiencies with the district manager.
(d) No proposed ventilation plan shall be implemented before it is
approved by the district manager. Any intentional change to the
ventilation system that alters the main air current or any split of the
main air current in a manner that could materially affect the safety and
health of the miners, or any change to the information required in Sec.
75.371 shall be submitted to and approved by the district manager before
implementation.
(e) Before implementing an approved ventilation plan or a revision
to a ventilation plan, persons affected by the revision shall be
instructed by the operator in its provisions.
(f) The approved ventilation plan and any revisions shall be--
(1) Provided upon request to the representative of miners by the
operator following notification of approval;
(2) Made available for inspection by the representative of miners;
and
(3) Posted on the mine bulletin board within 1 working day following
notification of approval. The approved plan and revisions shall remain
posted on the bulletin board for the period that they are in effect.
(g) The ventilation plan for each mine shall be reviewed every 6
months by an authorized representative of the Secretary to assure that
it is suitable to current conditions in the mine.
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR75.371]
[Page 506-509]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES--Table of
Contents
Subpart D_Ventilation
Sec. 75.371 Mine ventilation plan; contents.
The mine ventilation plan shall contain the information described
below and any additional provisions required by the district manager:
(a) The mine name, company name, mine identification number, and the
name of the individual submitting the plan information.
(b) Planned main mine fan stoppages, other than those scheduled for
testing, maintenance or adjustment, including procedures to be followed
during these stoppages and subsequent restarts (see Sec. 75.311(a)) and
the type of device to be used for monitoring main mine fan pressure, if
other than a pressure recording device (see 75.310(a)(4)).
(c) Methods of protecting main mine fans and associated components
from the forces of an underground explosion if a 15-foot offset from the
nearest side of the mine opening is not provided (see Sec.
75.310(a)(6)); and the methods of protecting main mine fans and intake
air openings if combustible material will be within 100 feet of the area
surrounding the fan or these openings (see Sec. 75.311(f)).
(d) Persons that will be permitted to enter the mine, the work these
persons will do while in the mine, and electric power circuits that will
be energized when a back-up fan system is used that does not provide the
ventilating quantity provided by the main mine fan (see Sec.
75.311(c)).
[[Page 507]]
(e) The locations and operating conditions of booster fans installed
in anthracite mines (see Sec. 75.302).
(f) Section and face ventilation systems used, including drawings
illustrating how each system is used, and a description of each
different dust suppression system used on equipment on working sections.
(g) Locations where the air quantities must be greater than 3,000
cubic feet per minute (see Sec. 75.325(a)(1)).
(h) In anthracite mines, locations where the air quantities must be
greater than 1,500 cubic feet per minute (see Sec. 75.325(e)(1)).
(i) Working places and working faces other than those where coal is
being cut, mined, drilled for blasting or loaded, where a minimum air
quantity will be maintained, and the air quantity at those locations
(see Sec. 75.325(a)(1)).
(j) The operating volume of machine mounted dust collectors or
diffuser fans, if used (see Sec. 75.325(a)(3)).
(k) The minimum mean entry air velocity in exhausting face
ventilation systems where coal is being cut, mined, drilled for
blasting, or loaded, if the velocity will be less than 60 feet per
minute. Other working places where coal is not being cut, mined, drilled
for blasting or loaded, where at least 60 feet per minute or some other
minimum mean entry air velocity will be maintained (see Sec. 75.326).
(l) The maximum distance if greater than 10 feet from each working
face at which face ventilation control devices will be installed (see
Sec. 75.330(b)(2)). The working places other than those where coal is
being cut, mined, drilled for blasting or loaded, where face ventilation
control devices will be used (see Sec. 75.330(b)(1)(ii).
(m) The volume of air required in the last open crosscut or the
quantity of air reaching the pillar line if greater than 9,000 cubic
feet per minute (see Sec. 75.325(b)).
(n) In anthracite mines, the volume of air required in the last open
crosscut or the quantity of air reaching the pillar line if greater than
5,000 cubic feet per minute (see Sec. 75.325(e)(2)).
(o) Locations where separations of intake and return air courses
will be built and maintained to other than the third connecting crosscut
outby each working face (see Sec. 75.333(b)(1)).
(p) The volume of air required at the intake to the longwall
sections, if different than 30,000 cubic feet per minute (see Sec.
75.325(c)).
(q) The velocities of air on a longwall or shortwall face, and the
locations where the velocities must be measured (see Sec.
75.325(c)(2)).
(r) The minimum quantity of air that will be provided during the
installation and removal of mechanized mining equipment, the location
where this quantity will be provided, and the ventilation controls that
will be used (see Sec. 75.325(d), (g), and (i)).
(s) The locations and frequency of the methane tests if required
more often by Sec. 75.362(d)(1)(iii) (see Sec. 75.362 (d)(1)(iii).
(t) The locations where samples for ``designated areas'' will be
collected, including the specific location of each sampling device, and
the respirable dust control measures used at the dust generating sources
for these locations (see Sec. 70.208 of this chapter).
(u) The methane and dust control systems at underground dumps,
crushers, transfer points, and haulageways.
(v) Areas in trolley haulage entries where the air velocity will be
greater than 250 feet per minute and the velocity in these areas (see
Sec. 75.327(b)).
(w) Locations where entries will be advanced less than 20 feet from
the inby rib without a crosscut being provided where a line brattice
will be required. (see Sec. 75.333(g)).
(x) A description of the bleeder system to be used, including its
design (see Sec. 75.334).
(y) The means for determining the effectiveness of bleeder systems
(see Sec. 75.334(c)(2)).
(z) The locations where measurements of methane and oxygen
concentrations and air quantities and tests to determine whether the air
is moving in the proper direction will be made to evaluate the
ventilation of nonpillared worked-out areas (see Sec. 75.364 (a)(1))
and the effectiveness of bleeder systems (see Sec. 75.364 (a)(2)(iii).
Alternative methods of evaluation of the effectiveness of bleeder
systems (Sec. 75.364 (a)(2)(iv)).
[[Page 508]]
(aa) The means for adequately maintaining bleeder entries free of
obstructions such as roof falls and standing water (see Sec.
75.334(c)(3)).
(bb) The location of ventilation devices such as regulators,
stoppings and bleeder connectors used to control air movement through
worked-out areas (see Sec. 75.334(c)(4)). The location and sequence of
construction of proposed seals for each worked-out area. (see Sec.
75.334(e)).
(cc) In mines with a demonstrated history of spontaneous combustion:
a description of the measures that will be used to detect methane,
carbon monoxide, and oxygen concentration during and after pillar
recovery and in worked-out areas where no pillars have been recovered
(see Sec. 75.334(f)(1); and, the actions which will be taken to protect
miners from the hazards associated with spontaneous combustion (see
Sec. 75.334(f)(2). If a bleeder system will not be used, the methods
that will be used to control spontaneous combustion, accumulations of
methane-air mixtures, and other gases, dusts, and fumes in the worked-
out area (see Sec. 75.334(f)(3)).
(dd) The location of all horizontal degasification holes that are
longer than 1,000 feet and the location of all vertical degasification
holes.
(ee) If methane drainage systems are used, a detailed sketch of each
system, including a description of safety precautions used with the
systems.
(ff) A description of the methods and materials to be used to seal
worked-out areas if those methods or materials will be different from
those specified by Sec. 75.335(a)(1).
(gg) The alternative location for the additional sensing device if
the device will not be installed on the longwall shearing machine (see
Sec. 75.342(a)(2)).
(hh) The ambient level in parts per million of carbon monoxide, and
the method for determining the ambient level, in all areas where carbon
monoxide sensors are installed.
(ii) The locations (designated areas) where dust measurements would
be made in the belt entry when belt air is used to ventilate working
sections or areas where mechanized mining equipment is being installed
or removed, in accordance with Sec. 75.350(b)(3).
(jj) The locations where velocities in the belt entry exceed limits
set forth in Sec. 75.350(a)(2), and the maximum approved velocity for
each location.
(kk) The locations where air quantities are measured as set forth in
Sec. 75.350(b)(6).
(ll) The locations and use of point-feed regulators, in accordance
with Sec. Sec. 75.350(c) and 75.350(d)(5).
(mm) The location of any additional carbon monoxide or smoke sensor
installed in the belt air course, in accordance with Sec. 75.351(e)(5).
(nn) The length of the time delay or any other method used to reduce
the number of non-fire related alert and alarm signals from carbon
monoxide sensors, in accordance with Sec. 75.351(m).
(oo) The reduced alert and alarm settings for carbon monoxide
sensors, in accordance with Sec. 75.351(i)(2).
(pp) The alternate detector and the alert and alarm levels
associated with the detector, in accordance with Sec. 75.352(e)(7).
(qq) The distance that separation between the primary escapeway and
the belt or track haulage entries will be maintained if other than to
the first connecting crosscut outby the section loading point (see Sec.
75.380(g)).
(rr) In anthracite mines, the dimensions of escapeways where the
pitch of the coal seam does not permit escapeways to be maintained 4
feet by 5 feet and the locations where these dimensions must be
maintained (see Sec. 75.381(c)(4)).
(ss) Areas designated by the district manager where measurements of
CO and NO2 concentrations will be made (see Sec.
70.1900(a)(4)).
(tt) Location where the air quantity will be maintained at the
section loading point (see Sec. 75.325(f)(2)).
(uu) Any additional location(s) required by the district manager
where a minimum air quantity must be maintained for an individual unit
of diesel-powered equipment. (see Sec. 75.325(f)(5)).
(vv) The minimum air quantities that will be provided where multiple
units of diesel-powered equipment are operated (see Sec. 75.325(g) (1)-
(3) and (i)).
(ww) The diesel-powered mining equipment excluded from the
calculation under Sec. 75.325(g). (see Sec. 75.325(h)).
[[Page 509]]
(xx) Action levels higher than the 50 percent level specified by
Sec. 70.1900(c). (see Sec. 75.325(j)).
[61 FR 9829, Mar. 11, 1996, as amended at 61 FR 55527, Oct. 25, 1996; 69
FR 17529, Apr. 2, 2004]
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR75.382]
[Page 513-514]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES--Table of
Contents
Subpart D_Ventilation
Sec. 75.382 Mechanical escape facilities.
(a) Mechanical escape facilities shall be provided with overspeed,
overwind, and automatic stop controls.
(b) Every mechanical escape facility with a platform, cage, or other
device shall be equipped with brakes that can stop the fully loaded
platform, cage, or other device.
(c) Mechanical escape facilities, including automatic elevators,
shall be examined weekly. The weekly examination of this equipment may
be conducted at the same time as a daily examination required by Sec.
75.1400-3.
(1) The weekly examination shall include an examination of the
headgear, connections, links and chains, overspeed and overwind
controls, automatic stop controls, and other facilities.
(2) At least once each week, the hoist shall be run through one
complete cycle of operation to determine that it is operating properly.
(d) A person trained to operate the mechanical escape facility
always shall be available while anyone is underground to provide the
mechanical escape facilities, if required, to the bottom of each shaft
and slope opening that is part of an escapeway within 30 minutes after
personnel on the surface have been notified of an emergency requiring
evacuation. However, no operator is required for automatically operated
cages, platforms, or elevators.
(e) Mechanical escape facilities shall have rated capacities
consistent with the loads handled.
(f) Manually-operated mechanical escape facilities shall be equipped
with
[[Page 514]]
indicators that accurately and reliably show the position of the
facility.
(g) Certification. The person making the examination as required by
paragraph (c) of this section shall certify by initials, date, and the
time that the examination was made. Certifications shall be made at or
near the facility examined.
November 2006
| File Type | application/msword |
| File Modified | 2007-02-15 |
| File Created | 2007-02-15 |