Final Rule

Wednesday,

December 31, 2008









Part III



Department of Labor

Mine Safety and Health Administration

30 CFR Parts 6, 14, 18, et al.

Flame-Resistant Conveyor Belt, Fire

Prevention and Detection, and Use of Air

From the Belt Entry; Final Rule

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DEPARTMENT OF LABOR I. Introduction • Recommendation 3—Improved fire

II. Statutory and Rulemaking Background resistance standards for all underground

Mine Safety and Health Administration III. Section-by-Section Analysis coal mines;

A. Flame-Resistant Conveyor Belt • Recommendation 4—Coordinating

30 CFR Parts 6, 14, 18, 48, and 75 1. General

2. Discussion of Final Rule

belt testing with other countries;

RIN 1219–AB59 3. Conforming Amendments • Recommendation 5—Belt entry and

B. Fire Prevention and Detection and conveyor belt maintenance;

Flame-Resistant Conveyor Belt, Fire Approval of the Use of Air From the Belt • Recommendation 6—Special

Prevention and Detection, and Use of Entry To Ventilate Working Sections requirements for the use of belt air;

Air From the Belt Entry 1. General • Recommendation 7—Belt air

2. Discussion of Final Rule approval recommendation;

AGENCY: Mine Safety and Health IV. Regulatory Economic Analysis • Recommendation 8—Discontinuing

Administration (MSHA), Labor. A. Executive Order 12866 point-type heat sensors;

ACTION: Final rule.

B. Population-at-Risk • Recommendation 9—Smoke

C. Benefits sensors;

D. Compliance Costs

SUMMARY: This final rule addresses the • Recommendation 10—Use of diesel-

V. Feasibility

recommendations of the Technical discriminating sensors;

A. Technological Feasibility

Study Panel (Panel) on the Utilization of B. Economic Feasibility • Recommendation 11—Review of

Belt Air and the Composition and Fire VI. Regulatory Flexibility Act and Small AMS records;

Retardant Properties of Belt Materials in Business Regulatory Enforcement • Recommendation 12—AMS

Underground Coal Mining. The Panel Fairness Act (SBREFA) operator training certification;

was established under Section 11 of the A. Definition of a Small Mine • Recommendation 13—Minimum

Mine Improvement and New Emergency B. Factual Basis for Certification and maximum air velocities;

Response (MINER) Act of 2006. The VII. Paperwork Reduction Act of 1995 • Recommendation 14—Escapeways

final rule is consistent with the Panel’s A. Summary and leakage;

B. Procedural Details • Recommendation 15—Lifelines;

recommendations and includes

VIII. Other Regulatory Considerations • Recommendation 16—Point-

requirements for: Flame-resistant A. The Unfunded Mandates Reform Act of

conveyor belts; training Atmospheric 1995

feeding;

Monitoring System operators; levels of B. Treasury and General Government • Recommendation 17—Respirable

respirable dust in belt entries; airlocks Appropriations Act of 1999: Assessment dust;

along escapeways; minimum and of Federal Regulations and Policies on • Recommendation 18—Mine

maximum air velocities; approval for Families methane;

the use of air from the belt entry to C. Executive Order 12630: Government • Recommendation 19—Inspections;

ventilate working sections; monitoring Actions and Interference With and

point-feed regulators; smoke sensors; Constitutionally Protected Property • Recommendation 20—Research.

Rights A copy of the Panel’s report is

standardized tactile signals on lifelines; D. Executive Order 12988: Civil Justice

replacing point-type heat sensors with available on MSHA’s Web site at:

Reform http://www.msha.gov/beltair/

carbon monoxide sensors; and belt E. Executive Order 13045: Protection of

conveyor and belt entry maintenance. Children From Environmental Health

BeltAirFinalReport122007.pdf.

Risks and Safety Risks The final rule is based on the Panel’s

DATES: Effective Date: The final rule is

F. Executive Order 13132: Federalism recommendations, Agency data and

effective on December 31, 2008. experience, and comments and

Compliance Dates: Details are in the G. Executive Order 13175: Consultation

and Coordination With Indian Tribal testimony received during the

SUPPLEMENTARY INFORMATION section of

Governments rulemaking process. MSHA is providing

this document. H. Executive Order 13211: Actions delayed compliance dates for some

FOR FURTHER INFORMATION CONTACT: Concerning Regulations That requirements in the final rule for mine

Patricia W. Silvey at Significantly Affect Energy Supply, operators to have adequate time to

silvey.patricia@dol.gov (e-mail), (202) Distribution, or Use

comply.

693–9440 (Voice), or (202) 693–9441 I. Executive Order 13272: Proper

(Fax). Consideration of Small Entities in II. Statutory and Rulemaking

Agency Rulemaking Background

SUPPLEMENTARY INFORMATION: IX. Final Rule

The Consolidated Appropriations Act

Compliance Dates I. Introduction of 2008 (Pub. L. 110–161, December 26,

Each mine operator shall comply with This final rule addresses the 2007) requires the Secretary to publish

the following sections by the dates recommendations of the Technical regulations, consistent with the

listed below. Study Panel (Panel), which was recommendations of the Panel, to

1. § 48.27(a) and §§ 75.156(a), established under Section 11 of the require that:

75.350(b), and 75.1731 by March 2, MINER Act. The Secretary of Labor [i]n any coal mine * * * belt haulage entries

2009. chartered the Panel on December 22, not be used to ventilate active working places

2. § 75.333(c)(4) by March 31, 2009. 2006 (71 FR 77069). without prior approval from the Assistant

3. §§ 75.380(d)(7), 75.380(f), Secretary. Further, a mine ventilation plan

On December 20, 2007, the Panel incorporating the use of air coursed through

75.381(e)(5), and 75.381(f) by June 30,

issued its final report, which included belt haulage entries to ventilate active

2009.

the following 20 recommendations working places shall not be approved until

4. §§ 75.350(a)(2), 75.351(e)(2),

passed by unanimous vote: the Assistant Secretary has reviewed the

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75.1103–4(a), 75.1108(a), and 75.1108(b) elements of the plan related to the use of belt

December 31, 2009. • Recommendation 1—Conveyor belt

air and has determined that the plan at all

5. § 75.1108(c) by December 31, 2018. flammability testing and approval; times affords at least the same measure of

The outline of the final rule is as • Recommendation 2—Other belt protection where belt haulage entries are not

follows: tests; used to ventilate working places.







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The regulations must be finalized by that a more structured procedure be required to meet the more protective

December 31, 2008. instituted to help mine inspectors BELT method for MSHA approval under

Based on the Panel’s complete their inspection duties with proposed Part 14.

recommendations, MSHA published a greater ease and efficiency. MSHA will However, the Agency withdrew the

proposed rule on Safety Standards accomplish this through inspector proposal (67 FR 46431) on July 15, 2002,

Regarding the Recommendations of the training. Recommendation 20, due to the decreased frequency of

Technical Study Panel on the concerning ‘‘Research,’’ recommends conveyor belt fires. As mentioned

Utilization of Belt Air and the research utilizing ventilation modeling, earlier, in accordance with Section 11 of

Composition and Fire Retardant engineering design and risk analysis be the 2006 MINER Act and the

Properties of Belt Materials in performed to investigate: Improved recommendation of the Panel, MSHA

Underground Coal Mining in the escapeway design, reduced air leakage, issued a proposal on June 19, 2008 on

Federal Register on June 19, 2008 (73 and booster fans. MSHA will Safety Standards Regarding the

FR 35026). On that same date, MSHA accomplish this through the Agency’s Recommendations of the Technical

published a Request for Information technical support program area, working Study Panel on the Utilization of Belt

(RFI) in the Federal Register on criteria in collaboration with the National Air and the Composition and Fire

for testing the toxicity and density of Institute for Occupational Safety and Retardant Properties of Belt Materials in

smoke produced from burning conveyor Health (NIOSH). Underground Coal Mining.

belt or similar materials (73 FR 35057). This preamble, like that of the The final rule addresses Panel

The Agency will review relevant proposal, is organized in two parts. Part Recommendation No. 1—Conveyor Belt

information received on the RFI and III(A) includes requirements for Flammability Testing and Approval,

make a determination on appropriate improved flame-resistant conveyor and Recommendation No. 3—Improved

regulatory action. belts. Part III(B) includes requirements Fire Resistance Standards for All

The Agency held four public hearings for fire prevention and detection and Underground Coal Mines. Consistent

on: August 19, 2008 in Salt Lake City, approval of the use of air from the belt with the Panel’s recommendations, this

UT; August 21, 2008 in Lexington, KY; entry to ventilate working sections. final rule establishes a new Part 14 that

August 26, 2008 in Charleston, WV; and includes the BELT method for the

August 28, 2008 in Birmingham, AL. III. Section-by-Section Analysis approval of improved flame-resistant

The comment period closed on A. Flame-Resistant Conveyor Belt conveyer belts. In addition, the final

September 8, 2008. rule requires that improved flame-

Like the proposal, the final rule 1. General resistant conveyor belts be used in all

includes new and revised safety In the 1980s, MSHA and the former underground coal mines. It makes

standards for underground coal mines Bureau of Mines (Bureau) of the technical and conforming changes to

for those Panel recommendations that Department of the Interior developed a existing Parts 6 and 18.

required rulemaking. The following five flame-resistance test for conveyor belts

recommendations did not require that would result in a higher level of 2. Discussion of the Final Rule

rulemaking: Recommendation 2, flame resistance than the existing 30 Final § 14.1, changed from the

concerning ‘‘Other Belt Tests,’’ CFR Part 18 test. The Bureau and MSHA proposal, establishes the purpose of the

recommends that MSHA adopt a drum constructed a large-scale test facility at final rule and effective date for approval

friction test to be utilized for a period the Lake Lynn Laboratory. The large holders. Final Part 14 establishes the

of two years to evaluate and assess the scale tests showed the effect of air flow flame resistance requirements for MSHA

contribution to conveyor belt fire safety on belt flammability. These tests were approval of conveyor belts for use in

of such a test. MSHA is continuing to conducted over a wide range of air underground coal mines. Applications

evaluate the drum friction test to velocities. for approval or extensions of approval

determine if it could complement the MSHA used the large-scale submitted after December 31, 2008 must

Belt Evaluation Laboratory Test method. flammability test data to develop the meet the requirements of final Part 14.

This evaluation will occur over a two- Belt Evaluation Laboratory Test (BELT), During the rulemaking process and at

year period, and is consistent with the a laboratory-scale flame resistance test. each of the public hearings, MSHA

Panel’s recommendation. In order for a belt to pass the BELT solicited comments on the impact of the

Recommendation 4, concerning method, it must have improved fire- proposed one-year period provided

‘‘Coordinating belt testing with other resistant capability, which greatly limits manufacturers and operators to

countries,’’ recommends that MSHA flame propagation. The BELT method is transition to the new belt, on existing

establish contacts and maintain easy to perform, objective, correlates inventories, and associated costs to

dialogue with other key mining well with large-scale tests, and is approval holders. A commenter stated

countries. MSHA’s technical support economically and technologically that the transition period was adequate

program area maintains continuing feasible. MSHA and the Bureau and that they would not have any

contact and dialogue with other key performed extensive testing of the BELT difficulty meeting it as long as the

mining countries. Recommendation 11, method. Test results over a 34-month approval process was quick. Another

concerning ‘‘Review of AMS records,’’ period, based on samples of conveyor commenter stated that the timetable

recommends that MSHA perform belts, reveal that the BELT method is established by the Agency may be too

regular, periodic reviews of atmospheric highly precise and accurate. aggressive to assure that all the

monitoring system (AMS) records at On December 24, 1992, MSHA laboratory testing and approvals are

mines using air from the belt entry to published a proposal to revise the timely completed so that belt

ventilate working sections. In addition, existing regulation for testing and manufacturing and delivery of the new

MSHA already conducts periodic acceptance of conveyor belts (53 FR belt products are timely. Based on

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reviews of AMS records during regular 61524). That proposal would have Agency experience, MSHA’s timely

inspections of the mine. replaced existing § 18.65 concerning processing of applications will be

Recommendation 19, concerning flame-testing of conveyor belts. Under dependent upon the completeness of

‘‘Inspections of mines utilizing belt air the 1992 proposal, underground applications submitted to the Agency.

in the working section,’’ recommends conveyor belts would have been To assure that the new belt will be





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available in a timely manner, the final MSHA received no comments on the Final § 14.4(a), like the proposal, is

rule requires that all applications for proposal. based on existing §§ 7.3(a) and 18.6(a).

approval or extensions of approval Final § 14.3, derived from existing It specifies how and where an applicant

submitted after December 31, 2008 meet § 18.9(a), provides that representatives files for MSHA approval or extension of

the requirements of the final rule. of the applicant and other persons approval. Paragraph (a) requires that

MSHA intends to process all agreed upon by MSHA and the applications for approvals or extensions

applications that fully comply with the applicant may be present during tests of approval be sent to: U.S. Department

requirements in the final rule on a and evaluations conducted under this of Labor, Mine Safety and Health

timely basis. Part. In response to comments, the final Administration, Chief, Approval and

Final § 14.2 establishes the following rule is changed from the proposal to Certification Center, 765 Technology

definitions: ‘‘Applicant’’, like the allow the Agency to consider requests Drive, Triadelphia, West Virginia 26059.

proposal, is derived from existing §§ 6.2 received from others to observe tests. Alternatively, applications for approval

and 7.2, and refers to an individual or Commenters requested that miners (or or extensions of approval may be filed

organization that manufactures or representatives of the miners) be online at http://www.msha.gov or faxed

controls the production of a conveyor allowed to observe and evaluate the to: Chief, Mine Safety and Health

belt and who applies to MSHA for testing of belts. In response to this Administration Approval and

approval. MSHA received no comments comment, the final rule would allow the Certification Center at 304–547–2044.

on the proposal. Agency to consider requests received Since the proposal, the address of the

‘‘Approval’’, like the proposal, is from others to observe tests. It is Center has been changed (73 FR 52210);

derived from existing § 7.2, and replaces important to note that such requests the final rule reflects this change.

the term ‘‘acceptance’’ under existing would only apply to tests, not MSHA received no comments on the

§ 18.2. An approval, issued by MSHA, evaluations. MSHA’s evaluations proposal.

shows that a conveyor belt has met the involve a paper review of the Final paragraph (b), like the proposal,

requirements of this Part, and authorizes application and thus would not be requires that each application for

a marking identifying the belt as appropriate for observation. MSHA approval contain information

approved. This is consistent with other believes that observation of tests may be concerning the identification and

MSHA approval regulations which appropriate if it does not involve the construction of a conveyor belt, except

define ‘‘approved’’ as the general term release of proprietary information, so any information submitted in a prior

which indicates that a product has met long as it does not interfere with the approval application need not be re-

MSHA’s technical requirements. MSHA approval process, does not delay the submitted. An application must address

received no comments on the proposal. approval, and does not create a conflict either a single specific construction, or

‘‘Extension of approval’’, like the

of interest. As stated during the multiple-ply construction consisting of

proposal, is derived from existing § 7.2,

rulemaking process, the Agency must the same cover compound and carcass

and is defined as a document issued by

protect any proprietary information construction varying only by the

MSHA which states that a change to a

submitted. number of plies and fabric weight.

conveyor belt previously approved by

With this revision, MSHA intends Under the final rule, if approval of

MSHA continues to meet the

that the approval process for flame- multiple-ply construction is requested,

requirements of this Part. An extension

resistant conveyor belt be as transparent the minimum and maximum number of

of approval authorizes the continued

as possible, while safeguarding the plies both with thinnest-specified cover

use of the approval marking after the

confidentiality of all proprietary thickness and heaviest-specified fabric

appropriate extension number has been

information submitted by applicants. weight will be tested.

added. MSHA received no comments on

The Agency made a minor non- Final § 14.4(b)(1), like the proposal,

the proposal.

‘‘Flame-retardant ingredient’’, like the substantive change, which clarifies that requires a technical description of the

proposal, means material that inhibits it is not necessary to state that MSHA conveyor belt. This information must

ignition or flame propagation. MSHA be included in the parties allowed to include: Trade name (specification or

received no comments on the proposal. observe testing and evaluation. code numbers) or identification number;

‘‘Flammable ingredient’’, like the Final § 14.4, like the proposal, is cover compound type and designation

proposal, means material that is capable derived from existing §§ 7.3 and 18.6, number; belt thickness and thickness of

of combustion. MSHA received no and provides application procedures top and bottom covers; presence and

comments on the proposal. and requirements. The final rule covers type of skim coat; presence and type of

‘‘Inert ingredient’’, like the proposal, two types of approval actions: friction coat; carcass construction

means a material that does not Applications for approval and (number of plies, solid woven); carcass

contribute to combustion. MSHA extensions of approval. When fabric by textile type and weight (ounces

received no comments on the proposal. requesting the approval of a flame- per square yard); presence and type of

‘‘Post-approval product audit’’, like resistant conveyor belt, final § 14.4 breaker or floated ply; and the number,

the proposal, is derived from existing requires that the applicant submit type, and size of cords and fabric for

§ 7.2, and is defined as an examination, information necessary to properly metal cord belts. MSHA received no

testing, or both, by MSHA of an evaluate a conveyor belt. If, after receipt comments on the proposal.

approved conveyor belt selected by of an approval, the applicant requests Proposed § 14.4(b)(3) has been

MSHA to determine if it meets the approval of a similar conveyor belt or an renumbered as § 14.4(b)(2). Like the

technical requirements and has been extension of approval for the original proposal, it requires the name, address,

manufactured as approved. MSHA conveyor belt, the applicant will not be and telephone number of the applicant’s

received no comments on the proposal. required to submit documentation representative responsible for answering

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‘‘Similar conveyor belt’’, like the duplicative of previously submitted any questions regarding the application.

proposal, is defined as a conveyor belt information. Only information related to The applicant may also wish to include

that shares the same cover compound, changes in the previously approved the representative’s electronic mail (e-

general carcass construction, and fabric conveyor belt will be required, avoiding mail) address. MSHA received no

type as another approved conveyor belt. unnecessary paperwork. comments on the proposal.





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Proposed § 14.4(b)(2) has been proprietary nature of this conveyor belt requirement avoids changes being made

renumbered as final § 14.4(c)(1). The information submitted under final § 14.4 that could affect the flame resistant

final rule permits an applicant to under the Freedom of Information Act properties of the conveyor belt. MSHA

request an approval of a similar belt or (FOIA, 5 U.S.C. 552). MSHA intends to received no comments on the proposal.

extension of approval without testing if continue its existing practice of treating Final § 14.4(d)(1), (2), and (3), like the

the formulation of the belt is provided information on product specifications proposal, include requirements for each

and MSHA determines testing is not and performance as proprietary application for an extension of approval.

necessary. The application must include information. The Agency will protect Final paragraph (d)(1) requires the

formulation information on the disclosure of this information to the MSHA-assigned approval number of the

compounds in the conveyor belt (for fullest extent, consistent with the FOIA. conveyor belt for which the extension is

example, styrene-butadiene rubber Section 14.9 of the final rule provides sought; final paragraph (d)(2) requires

(SBR), polyvinyl chloride (PVC), that MSHA notify the applicant of the description of the proposed change

chloroprene, composite, or steel cable) requests for product information. MSHA to the conveyor belt; and final paragraph

by specifying either: (1) Each ingredient will provide the manufacturer the (d)(3) requires the name, address, and

by its chemical name along with its opportunity to present its position on telephone number of the applicant’s

percentage (weight) and tolerance or disclosure. In addition, information representative responsible for answering

percentage range; or (2) each flame- identified by the manufacturer as any questions regarding the application.

retardant ingredient by its chemical or proprietary will not be disclosed. The applicant may also include the

generic name with its percentage and Proposed § 14.4(b)(4) has been representative’s e-mail address. MSHA

tolerance or percentage range, or its renumbered as final § 14.4(c)(2). It received no comments on the proposal.

minimum percent. The applicant must requires the identification of any similar Final § 14.4(e), renumbered from

list each flammable and inert ingredient conveyor belt for which the applicant proposed § 14.4(d), provides that MSHA

by chemical, generic or trade name, already holds an approval. The final will determine if testing, additional

along with the total percentage of all rule has been revised to require information, samples, or material is

flammable and inert ingredients. MSHA submission of the formulation needed to evaluate an application.

will evaluate this information and specifications for the approved similar Under the final rule, if an applicant

determine whether testing using the belt if it has not already been submitted believes that flame testing is not

BELT method should occur or if the to the Agency. This would be the same required, a statement explaining the

similar belt or extension of approval can information as specified in § 14.4(c)(1). rationale must be included in the

be approved without testing. Final § 14.4(c)(2)(i) requires the application. MSHA received no

A commenter stated that the actual applicant to submit, as part of the comments on the proposal.

formulation data required to be application, the MSHA assigned Final § 14.4(f), renumbered from

submitted to MSHA is more extensive approval number of the belt that most proposed § 14.4(e), permits an applicant

than the existing standard requires and closely resembles the one being to request an equivalency determination

includes competitively sensitive evaluated. Final § 14.4(c)(2)(ii) requires under existing § 6.20 for a non-MSHA

information. The commenter also stated an explanation of any changes from the product safety standard. MSHA received

that even though MSHA intends to existing approval. MSHA’s evaluation of no comments on the proposal.

protect the confidentiality of the whether a belt is similar will determine Final § 14.4(g), renumbered from

information, there can be no guarantees. if the application has to be processed as proposed § 14.4(f), requires that fees

This commenter stated that MSHA an extension of approval or a new calculated in accordance with Part 5,

should be prohibited from requiring approval. entitled: Fee for Testing, Evaluation,

compounding or formulation A commenter stated that this proposal and Approval of Mining Products, must

information to be submitted as part of is confusing. This commenter further be submitted. MSHA received no

the application for approval. stated that MSHA should take the safe comments on the proposal.

Approving belts based upon an approach and test all belt products, Final § 14.5, like the proposal,

evaluation of the formulation and regardless of the number of plies. Under requires that upon request by MSHA,

construction of the belt speeds the existing Part 18, MSHA’s testing each applicant must submit three pre-

approval process and reduces cost to the program for accepting belts over the last cut, unrolled, flat samples of conveyor

applicant by eliminating testing fees. To 30 years includes the evaluation of belt for flame testing. Under the final

approve a belt without testing, detailed similar belts. Under the existing rule, each sample must be 60 ± 1⁄4

formulation information on the program, each belt that is submitted to inches (152.4 ± 0.6 cm) long by 9 ± 1⁄8

composition and construction of the MSHA is thoroughly evaluated inches (22.9 ± 0.3 cm) wide. The

previously approved belt or belt family according to existing application laboratory-scale test for flame resistance

is necessary to assure that the flame- procedures to determine if additional requires testing of three samples to

resistant properties would be testing is necessary or if an extension is determine acceptable performance. The

maintained. This information may not justified. The use of the BELT method final rule requires pre-cut and unrolled

be necessary if each belt construction is will greatly increase safety to miners by flat samples, which can be mounted for

tested using the BELT method. To the approval of improved flame- testing. Uncut and rolled samples

address this commenter’s concern, the resistant belt. Further, additional require additional time to be cut and

final rule allows the option of information required under the final flattened for subsequent mounting in

submitting detailed formulation and rule will allow MSHA to provide a full the test chamber. MSHA uses the word

construction data for belts, or evaluation of the belt application. ‘‘pre-cut’’ to inform the applicant that

submitting samples for testing. Final § 14.4(d), renumbered from the samples would need to be sent to

Applicants who choose to submit proposed § 14.4(c), requires that any MSHA already cut to the required

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samples for testing would be change from the documentation on file sample size. Under existing § 18.65(a),

responsible for testing fees. at MSHA that affects the technical acceptance applicants are required to

When the formulation and requirements of Part 14 must be submit samples for testing.

construction information is collected, submitted for approval prior to Curling of samples has presented a

MSHA is required to maintain the implementing the change. This problem during testing. These





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requirements, along with the required alternatives for marking conveyor belts. rule requires that the approval holder

preconditioning of samples, serve to MSHA received no comments on the assure that the product is manufactured

minimize curling of samples. The proposal. as approved. MSHA received no

requirement to submit samples for Final § 14.7(d), like the proposal, comments on the proposal.

testing is derived from existing § 18.6(i). requires that the applicant maintain Final § 14.8(d), like the proposal,

However, the requirement for the records of the initial sale of each belt requires approval holders to

number and dimension of samples is having an approval marking. Under the immediately notify the MSHA Approval

specific to the BELT method. MSHA final rule, the record must be retained and Certification Center of any

received no comments on the proposal. for at least 5 years following the initial information that a conveyor belt has

Final § 14.6, like the proposal, sale. Information on initial sales should been distributed, which does not meet

addresses issuance of approval. Final include the sale date, the customer the specifications of the approval. It also

§ 14.6(a) provides that MSHA will issue name and address, and the belt requires that the notification include a

an approval or notice of the reasons for identification by slab, batch or lot. A description of the nature and extent of

denying approval after completing the five-year retention period conforms to the problem, the locations where the

Agency’s testing and evaluation. The MSHA’s audit cycle. conveyor belt has been distributed, and

notice of approval will be accompanied During the rulemaking process and at the approval holder’s plans for

by relevant documentation and related each of the public hearings, MSHA corrective action. Under the final rule,

material, covering the details of design requested comments on the 5-year notification could be by telephone, e-

and construction of the conveyor belt retention period for sales records. mail, facsimile, or other similar means.

upon which the approval is based. Commenters suggested that sales In addition, corrective action may

MSHA received no comments on the records be kept as long as the belt is in include recalling the conveyor belt or

proposal. use, whether it be at the operation it was restricting its use pending resolution of

Final § 14.6(b), like the proposal, originally purchased for or other the defect. MSHA received no

requires that an applicant not advertise locations. In addition, a commenter comments on the proposal.

or otherwise represent a conveyor belt stated that in order to keep the record Final § 14.9 is derived from existing

as approved until MSHA has issued an straight, MSHA should require that all § 18.9. It addresses the disclosure of

approval. MSHA received no comments sales records follow the belt from the information. Final § 14.9(a), like the

on the proposal. time of purchase to its end-of-service proposal, provides that all proprietary

Final § 14.7, like the proposal, life. Based on MSHA’s experience and information concerning product

includes requirements for approval data, a five-year retention period is specifications and performance

marking and distribution records. Final adequate to discover any potential submitted to MSHA by the applicant

§ 14.7(a), like the proposal, requires that hazardous defects, such as through will be protected from disclosure.

an approved conveyor belt must be MSHA’s post-approval audit process. MSHA received no comments on the

marketed only under the name listed in Final § 14.8 includes requirements for proposal.

the approval. MSHA received no quality assurance. MSHA received no Final § 14.9(b), like the proposal,

comments on the proposal. comments on the proposal. provides that MSHA will notify

Final § 14.7(b), like the proposal, is Final § 14.8(a), like the proposal, applicants or approval holders of

based on existing § 18.65(f). It requires requires approval holders to flame test requests for disclosure of information

approved conveyor belts to be legibly a sample of each batch, lot, or slab of concerning their conveyor belts, and

and permanently marked with the conveyor belts; or flame test or inspect provide them an opportunity to present

assigned MSHA approval number for a sample of each batch or lot of the their position prior to any decision on

the service life of the product. The materials that contribute to the flame- disclosure. MSHA received no

approval marking must be at least 1⁄2 resistance characteristic. This assures comments on the proposal.

inch (1.27 cm) high, placed at intervals that the finished conveyor belt slab will Under the final rule, MSHA will treat

not to exceed 60 feet (18.3 meters), and meet the flame-resistance test. MSHA information on product material,

repeated at least once every foot (0.3 m received no comments on the proposal. specifications, and processes as

or 30.5 centimeters) across the width of Final § 14.8(b), like the proposal, protected under exemption 4 of FOIA.

the belt. MSHA requires this marking requires that the instruments used for Exemption 4 exempts from disclosure

method since a conveyor belt’s edges quality assurance under paragraph (a) be ‘‘trade secrets and commercial or

can wear as it passes along the conveyor calibrated according to the instrument financial information’’ obtained from an

framework, causing fraying. Fraying of manufacturer’s specifications. Under outside source and ‘‘privileged or

conveyor belts, which may occur during this final rule, instruments must be confidential.’’ (5 U.S.C. 552(b)(4)).

normal use, can cause the approval calibrated using standards set by the Under the Department’s regulations at

markings on belts to become illegible or National Institute of Standards and 29 CFR 70.26, Business information,

worn. Relocating the markings from the Technology, U.S. Department of MSHA will notify the applicant of any

edge of the belt to across its width Commerce, or other nationally or FOIA request seeking information

permits identification of the conveyor internationally recognized standards. submitted by the applicant under the

belt for a longer time. This method also The final rule also requires that the final rule. The applicant then will have

enables better identification of conveyor instruments used be accurate to at least a reasonable period of time in which to

belts cut from larger to smaller widths, one significant figure beyond the object to disclosure. An objecting

or where worn edges are trimmed. desired accuracy. This calibration applicant must submit a ‘‘detailed

MSHA received no comments on the sequence is consistent with the written statement’’ showing ‘‘why the

proposal. procedure under existing § 7.7. MSHA information is a trade secret or

Final § 14.7(c), like the proposal, received no comments on the proposal. commercial or financial information

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provides that where the construction of Final § 14.8(c), like the proposal, that is privileged or confidential’’ [29

a conveyor belt does not permit marking requires control of production in CFR 70.26(e)]. MSHA will consider the

as prescribed under the final rule, other accordance with the approval. If a third applicant’s objections in deciding

permanent marking may be accepted by party is assembling or manufacturing all whether to disclose the information. If

MSHA. This provision allows or part of the approved belt, the final MSHA determines that the FOIA





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requires disclosure over the applicant’s except for cause, the approval holder, at is based, requirements contained in

objections, MSHA will notify the MSHA’s request, make 3 samples of an § 14.11 will be followed.

applicant of the documents to be approved conveyor belt of the size Final § 14.11, like the proposal,

disclosed prior to the disclosure date specified in § 14.5 available to MSHA includes requirements for revocation.

(unless MSHA learns that the material for an audit at no cost to MSHA. The Final § 14.11(a)(1) and (2), like the

already has lawfully been made public) final rule also allows representatives of proposal, provides that MSHA may

[29 CFR 70.26(f), (g)]. Under 29 CFR the applicant and other persons agreed revoke for cause an approval issued

70.26(b), when submitting documents, upon by MSHA and the applicant to be under the final rule if the conveyor belt

applicants should identify the present during audit tests and (1) fails to meet the technical

documents they wish to protect by evaluations; however, if MSHA receives requirements of the approval, or (2)

marking them (such as stamping each a request from others to observe tests, creates a danger or hazard when used in

page ‘‘Confidential’’). MSHA notes that the Agency will consider it. an underground coal mine. MSHA

it has no authority under the FOIA to Commenters stated that the received no comments on the proposal.

withhold applicant documents representative of miners should be given Final § 14.11(b), like the proposal,

requested by a Congressional oversight an opportunity to be present during any provides that prior to revoking an

committee. testing or audit conducted by the approval, the approval holder will be

Final § 14.10 provides for post- Agency. The Agency agrees with the informed in writing of MSHA’s

approval product audits. Final comments that requests to observe tests intention to revoke. Under the final rule,

§ 14.10(a), like the proposal, provides should be considered under the same the notice will (1) explain the reasons

that approved conveyor belts are subject conditions as explained in final § 14.3, for the proposed revocation; and (2)

to periodic audits by MSHA to which is designed to protect proprietary provide the approval holder an

determine conformity with the technical rights of approval holders and not delay opportunity to demonstrate or achieve

requirements upon which the approval the audit process. compliance with the product approval

was based. Under the final rule, MSHA Final § 14.10(c), like the proposal, requirements.

will select representative conveyor belts provides that conveyor belts will be

Commenters suggested that if MSHA

to be audited and, upon request, the subject to audit for cause at any time

issues a revocation notice, other means

approval holder may obtain any final MSHA believes the product is not in

besides the internet be used, since not

audit report. compliance with the technical

all mine operations and miners have

One commenter asked if the audit requirements of the approval. Audits

access to the internet. MSHA’s existing

procedures would be applied equally to allow MSHA to determine whether

domestic and foreign manufacturers products are being manufactured as practice is to notify the mining

who are approval holders. As MSHA approved. MSHA will select the product community of equipment and safety

stated during the public hearings, all and may obtain products from sources alerts by various means, including the

approval holders will be held to the other than the manufacturer, such as internet, the Agency’s district offices

same approval and audit procedures, distributors or wholesalers. and inspectors, and occasionally, via

regardless of location. In determining which products to mail.

Other commenters stated that the audit, MSHA will consider a variety of Final § 14.11(c), like the proposal,

proposal would only allow the approval factors such as whether the provides that upon request, the approval

holder to receive the final post-approval manufacturer has previously produced holder will be given the opportunity for

product audit report upon request to the product or similar products, a hearing. MSHA’s practice is to treat

MSHA. They stated that the distribution whether the product is new or part of a approval holders as ’’licensees’’ under

of similar reports involving respirators new product line, or whether the the Administrative Procedure Act (APA,

are published and distributed by NIOSH product is intended for a unique 5 U.S.C. 558). Consistent with this

to the mining industry, and believed application or limited distribution. practice, final § 14.11(b) provides that

audit reports should be distributed, or at MSHA may also consider product approval holders be given due process

least made available, to the entire complexity, the manufacturer’s previous considerations prior to revocation of an

industry. Commenters added that they product audit results, extent of the approval. These considerations include

would also like to have these reports product’s use in the mining community, being provided with (1) a written notice

provided to the representative of miners and the time elapsed since the last audit of the Agency’s intent to revoke a

and the operator be required to post a or since the product was first approved. product approval; (2) an explanation of

copy on the mine bulletin board. MSHA There are other circumstances or the reasons for the proposed revocation;

conducts post-approval product audits causes when additional audits may be and (3) an opportunity to demonstrate

under other existing regulations, such as necessary to verify compliance with this or achieve compliance with the

§ 7.8(a), and consistent with both the final rule. These include complaints technical requirements for approval.

proposal and the final rule, provides about the safety or performance of a Commenters suggested that if a hearing

copies to the approval holders upon product, product changes that have not is held, miners and their representatives

their request. The Agency has not been approved, audit test results that should be able to participate. The

experienced any problems or issues warrant further testing to determine administrative procedures for

with the existing regulations, and the compliance, and evaluation of revocation hearings, including

final rule is the same as the proposal. In corrective action taken by an approval participation, will be determined on a

the event there is a discrepancy between holder. Some commenters supported case-by-case basis consistent with

the manufactured product and the these audit procedures but insisted that requirements contained in the APA.

technical requirements upon which the a prompt notice of the findings of such Final § 14.11(d), which is changed

approval is based, the approval holder audits be made available to all from the proposal, requires that if a

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would have to rectify the discrepancy interested parties, including the miners’ conveyor belt poses an imminent danger

and meet the requirements in this final representatives. In the event that an to the safety or health of miners, an

rule. audit finds a discrepancy between the approval may be immediately

Final § 14.10(b), like the proposal, manufactured product and the technical suspended without written notice of the

requires that no more than once a year, requirements upon which the approval Agency’s intention to revoke.





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Commenters suggested that MSHA be in accordance with an alternate test in pairs. The burner fuel must be at least

reconsider the proposal since the determined by MSHA to be equivalent 98 percent methane (technical grade) or

immediate suspension of conveyor belt under existing § 6.20 and final § 14.4(e). natural gas containing at least 93

approval necessitating removal of This testing would assure that conveyor percent methane.

conveyor belt could pose serious belts meet the specifications in the final A burner unit available from the

operational difficulty for mine operators rule, are difficult to ignite, and are Solarflo® Corporation Model U–10,

and their employees. They suggested highly resistant to flame propagation. using Model Number 640 jets producing

that MSHA develop an expedited MSHA recognizes that other tests may 7,500 BTU per hour per jet, is suitable

procedure to validate any concerns exist or be developed in the future to comply with these specifications.

identified and to establish a manageable which could be appropriate for This burner unit, which is an impinged

approach to expeditiously remedy such evaluating flame-resistant qualities of jet burner, is the burner type used as the

concerns. The commenters stated that conveyor belt for use in underground igniting source in the BELT. Any other

district managers should have the coal mines. Under final paragraph (b), burner unit which meets the

authority to approve alternative once a determination of equivalency is specifications would be appropriate.

approaches to ‘‘immediate removal.’’ made, MSHA will publish a notice in The burner in the final rule was

Such approaches could establish agreed the Federal Register. MSHA received no referenced because it is commercially

upon safety precautions permitting comments on the proposal. available and provides a reliable,

miners to remain at work during a Final § 14.21, like the proposal, reproducible ignition source that can

conveyor belt removal/replacement describes the principal parts of the burn methane or natural gas. The BELT

cycle. BELT apparatus used to test for flame results correlate well with the large-

This final requirement would only be resistance of conveyor belts. Final scale belt flammability test results when

applicable in the event that MSHA § 14.21(a), like the proposal, requires a using the burner in the final rule and

discovers during an audit that a horizontal test chamber 66 inches (167.6 gaseous fuel in conjunction with the

conveyor belt poses an imminent danger cm) long by 18 inches (45.7 cm) square other parameters. MSHA received no

to miners. However, MSHA believes (inside dimensions). The chamber comments on the proposal.

that it is unlikely that an audit would dimensions were established from the Final § 14.21(d), like the proposal,

result in a massive recall of conveyor large-scale belt flammability studies. requires a removable steel rack,

belt. Under the final rule, MSHA The test chamber must be constructed consisting of 2 parallel rails and

intends that the severity of the hazard from 1 inch (2.5 cm) thick Marinite I®,

supports that form a 7 ± 1⁄8 inches (17.8

identified in the audit would dictate the or equivalent insulating material.

± 0.3 cm) wide by 60 ± 1⁄8 inches (152.4

corrective action required. MSHA Should minor cracking occur in the

± 0.3 cm) long assembly to hold a belt

believes that, should revocation of an Marinite I®, it can be repaired using an

sample. Under final paragraph (d)(1),

approval become necessary, the Agency appropriate sealant. However, the

like the proposal, the 2 parallel rails,

will be able to develop procedures that Marinite I® or equivalent insulating

with 5 ± 1⁄8 inches (12.7 ± 0.3 cm) space

will allow any identified defect to be material must be replaced and not

between them comprise the top of the

remedied while maintaining safety and repaired if the crack or break is across

rack. The rails and supports must be

health protection for miners. the total thickness. MSHA received no

Consistent with the Agency’s existing constructed of slotted angle iron with

comments on the proposal.

practice, revocation of an approval, as Final § 14.21(b), like the proposal, holes along the top surface. Typically,

the commenter suggests, is a very requires a 16-gauge (0.16 cm) stainless commercially available, 1 inch (2.5 cm)

serious action, taken only to correct a steel duct section, tapering over at least by 13⁄4 inch (4.4 cm) by 1⁄8 inch (0.3 cm)

condition likely to cause death or a 24-inch (61 cm) length from a 20-inch thick angle iron with predrilled 1⁄4 inch

serious physical harm. MSHA’s existing (51 cm) square cross-sectional area at (0.6 cm) diameter holes spaced 1 inch

regulations in Parts 7 and 15 provide the test chamber connection to a 12-inch (2.5 cm) apart is used. Under final

that the Agency may suspend an (30.5 cm) diameter exhaust duct, or paragraph (d)(2), the top surface of the

approval without written notice, if there equivalent. The interior surface of the rack must be 8 ± 1⁄8 inches (20.3 ± 0.3

is an imminent danger to miners, tapered duct section must be lined with cm) from the inside roof of the test

pending completion of revocation 1⁄2-inch (1.27 cm) thick ceramic blanket chamber.

procedures. The final rule is changed to insulation or equivalent insulating The rack materials and dimensions

provide that in the case of an imminent material. The use of stainless steel were selected so that the rack

danger to miners, the approval may be minimizes corrosion and the tapered adequately supports the belt sample and

immediately suspended. This is duct section allows a smooth airflow to withstands repeated tests with only

consistent with MSHA’s other approval enter the exhaust duct. The tapered duct minor warping due to heat while

regulations. must be lined with ceramic blanket minimizing the rack’s thermal mass.

MSHA believes that removal of belts insulation to minimize high duct The distance from the top surface of the

that pose an imminent danger is temperatures and thermal expansion. rack to the inside roof of the test

necessary to protect miners from MSHA received no comments on the chamber was established based on the

potential injury and life-threatening proposal. comparison of the test results and the

hazards. Once an approval is Final § 14.21(c), like the proposal, development of correlation parameters

suspended, MSHA will notify the requires a U-shaped gas-fueled with the large-scale belt flammability

mining community of this action. impinged jet burner igniting source, studies.

Final § 14.20, like the proposal, measuring 12 inches (30.5 cm) long and The BELT apparatus does not contain

requires that conveyor belts for use in 4 inches (10.2 cm) wide, with two any pollution control system for exhaust

underground coal mines be flame parallel rows of 6 jets each. Each jet fumes created during flame tests. If an

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resistant and tested under final § 14.20 must be spaced alternately along the U- applicant chooses to build a test

(a) or (b). Under final paragraph (a), shaped burner tube. The 2 rows of apparatus and perform the BELT

testing must be in accordance with the burner jets must be slanted so that they method for research or quality assurance

flame test specified in final § 14.22. point toward each other and the flame purposes, some type of effluent control

Under final paragraph (b), testing must from each jet impinges upon each other may be required to meet State and local





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emission standards. MSHA received no cm) from the outer lengthwise edge of of the sample 6 ± 1⁄2 inches (15.2 ± 1.27

comments on the proposal. each rail. This centers the longitudinal cm) from the entrance. This location

Final § 14.22, like the proposal, axis of the sample along the centerline reduces the disturbance of the airflow

specifies the test for flame resistance of of the rack with the first inch of the entering the test chamber. The location

conveyor belts. The final rule addresses sample in the ignition area and not in is based on the correlation of the BELT

variables that have an appreciable effect contact with the rack. The 1 ± 1⁄8 inch results to the results of large-scale belt

on the test results in order to maintain (2.5 ± 0.3 cm) overlap that extends flammability studies. MSHA received

consistency in the testing method. Small beyond the front of the rail facilitates no comments on the proposal.

changes in barometric pressure, ignition of the belt sample by Final § 14.22(a)(5), like the proposal,

humidity, and ambient temperature minimizing the thermal heat sink requires measuring the airflow with a 4-

should not have a significant effect on created by the sample rack. A greater inch (10.2 cm) diameter vane

the test results. Published literature overlap can result in the sample curling anemometer, or equivalent device,

indicates that small changes in or pulling back from the burner during placed on the centerline of the belt

atmospheric pressure have little or no the ignition period. Many PVC belts are sample 12 ± 1⁄2 inches (30.5 ± 1.27 cm)

effect on flame propagation. Variations constructed with a solid woven carcass from the entrance of the chamber.

in ambient temperature did not show a and the top or bottom cover is not Airflow passing through the chamber

trend in either decreasing or increasing designated. If a belt is constructed must be adjusted to 200 ± 20 ft/min (61

the burn damage of belts tested. A small without a designated top cover, either ± 6 m/min). MSHA received no

increase or decrease of relative humidity side of the belt could be mounted as the comments on the proposal.

will not have a significant effect on the load carrying surface. MSHA received The airflow and measuring location

flame propagation because conveyor no comments on the proposal. are based on comparison of the test

belts are typically impervious to Final § 14.22(a)(3), like the proposal, results with the large-scale belt

moisture. requires the sample to be fastened to the flammability studies. MSHA identified

Final § 14.22(a), like the proposal, rails of the rack with steel washers and the variables that affect the conditions

specifies the test procedure sequence. cotter pins. The final rule provides the of the test, such as air velocity and the

Technical dimensions and tolerances following requirements. The cotter pin ambient air and tunnel temperatures

that are critical to the proper conduct of must extend at least 3⁄4 inch (1.9 cm) while conducting several hundred belt

the test and to maintain consistency in below the rails. Equivalent fasteners flame tests.

the test method are specified in this may be used. A series of 5 holes Final § 14.22(a)(6), like the proposal,

final rule, while dimensions that have approximately 9⁄32 inch (0.7 cm) in requires that, before starting the test on

no effect on the test results are specified diameter must be made along both edges each sample, the inner surface

without a tolerance and are indicated as of the belt sample, starting at the first temperature of the chamber roof be

approximate. MSHA received no rail hole within 2 inches (5.1 cm) from measured at points 6 ± 1⁄2, 30 ± 1⁄2, and

comments on the proposal. the front edge of the sample. The next 60 ± 1⁄2 inches (15.2 ± 1.27, 76.2 ± 1.27,

Final § 14.22(a)(1), like the proposal, hole must be made 5 ± 1⁄4 inches (12.7 and 152.4 ± 1.27 cm) from the front

requires that three belt samples, 60 ± 0.6 cm) from the first, the third hole entrance must not exceed 95°

± 1⁄4 inches (152.4 ± 0.6 cm) long by 9 must be made 5 ± 1⁄4 inches (12.7 ± 0.6 Fahrenheit (35° Centigrade) at any of

± 1⁄8-inches (22.9 ± 0.3 cm) wide, be laid cm) from the second, the fourth hole these points with the specified airflow

flat at 70 ± 10 °F (21 ± 5 °C) for at least must be made approximately midway passing through the chamber. In

24 hours prior to the test. It assures that along the length of the sample, and the addition, the temperature of the air

the samples are at laboratory fifth hole must be made near the end of entering the chamber during the test on

temperatures, facilitates sample the sample. A washer must be placed each sample must not be less than 50°

mounting, and minimizes curling over each sample hole, and a cotter pin Fahrenheit (10° Centigrade).

during the test. MSHA received no must be inserted through the hole and Under the final rule, the 1⁄2 inch (1.27

comments on the proposal. spread apart to secure the sample to the cm) tolerance is needed for the

A conveyor belt that has been rolled rail. MSHA received no comments on temperature measurement points to

prior to testing is more likely to rebound the proposal. maintain consistency of the test

to the rolled position during testing. Under the final rule, the locations of conditions. These temperature limits are

This action is considered curling, and the fasteners were chosen so that the specified to maintain the repeatability of

may lead to erroneous test results. majority (6 of 10) would be in the the test results and to maintain the

Samples which have been rolled prior to ignition area to minimize the belt comparability obtained with the large-

testing can develop sufficient curling sample pulling away from the burner, or scale belt flammability studies. An

forces to overcome the holding lifting and curling during the ignition upper limit on airflow and a lower limit

capabilities of the cotter pins installed period. Specific fastener locations with on the temperature of the air entering

to retain the sample on the rack. Should tolerances for holes 4 and 5 were not the test chamber are included as test

curling occur, MSHA would need to test identified. It is MSHA’s experience that control parameters. These test

additional samples in order to assure the exact location of these fasteners is parameters are designed to assure the

that reliable test results have been not critical to the retention of the test chamber temperature meets certain

obtained. The Agency has determined sample and does not influence the test restrictions for each of the three tests.

that the use of flat, unrolled samples results. Additional fasteners can be used MSHA received no comments on the

greatly reduces the occurrence of in the ignition region for belts that lift proposal.

curling. excessively. The fasteners facilitate the Final § 14.22(a)(7), like the proposal,

Final § 14.22(a)(2), like the proposal, secure mounting of the belt sample and requires centering the burner in front of

requires that for each of three tests, one are too small to influence the test results the sample’s leading edge with the

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belt sample be placed on the rails of the by heat absorption, even if additional plane, defined by the tips of the burner

rack with the load carrying surface fasteners are used. jets, 3⁄4 ± 1⁄8 inch (1.9 ± 0.3 cm) from the

facing up so that the sample extends 1 Final § 14.22(a)(4), like the proposal, front edge of the belt. The burner must

± 1⁄8 inch (2.5 ± 0.3 cm) beyond the front requires centering the rack and sample be centered in front of the sample’s

of the rails and 1 ± 1⁄8 inch (2.5 ± 0.3 in the test chamber with the front end leading edge, so that when ignited the





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flames from the two rows of jets Final § 14.22(b), like the proposal, installed in the mine upon the effective

impinge in front of the belt’s edge and requires that each tested sample must date of the final rule. These commenters

distribute uniformly on the top and exhibit an undamaged portion across its stated that mine operators should only

bottom surfaces of the sample. A 1⁄8 inch entire width. This requirement is based be permitted to use Part 18 belts already

tolerance was added to the location on the correlation of the BELT results to in service or in their inventory.

dimension for the burner jets. This the results of large-scale belt In response to comments, MSHA

tolerance is important because it flammability studies. MSHA received included a new paragraph in the final

maintains the consistency of the test no comments on the proposal. rule that clarifies the Agency’s intent

method. The alignment of the burner Final § 14.22(c), like the proposal, with respect to the use of existing belt.

provides for the uniform heating of the provides that MSHA may modify the Under the final rule, operators will have

sample, which is necessary to maintain procedures of the flammability test for up to ten years to use existing belt,

the consistency of the test results. belts constructed of thicknesses more which has been placed into service by

The exact burner orientation needed than 3/4 inch (1.9 cm). No comments December 31, 2009. This assures that all

to provide uniform distribution of flame were received on this provision. belt used in underground coal mines

on the top and bottom surfaces of the Final § 14.23, like the proposal, will meet the requirements of Part 14

test sample may vary depending upon provides that MSHA may approve a within ten years.

the belt sample’s thickness. Based upon conveyor belt that incorporates The final rule language also has been

comparison tests and experience gained technology for which the requirements changed from the proposal to include

in developing the BELT method, the of this final rule are not applicable if the the phrase, ‘‘placed in service’’ instead

burner must be slanted downward from Agency determines that the conveyor of ‘‘purchased for use.’’ The Agency

the vertical, at approximately a 15° belt is as safe as those which meet the intends that ‘‘placed in service’’ clarifies

angle, and located 3⁄4 ± 1⁄8 inch (1.9 ± 0.3 requirements of the final rule. This final that all new conveyor belts installed one

cm) from the front edge of the belt. rule is intended to facilitate the year after the publication date of this

Slanting of the burner compensates for introduction of new technology or new final rule will comply with Part 14

the buoyancy of the burner flames. The applications of existing technology with requirements.

appropriate burner alignment necessary respect to conveyor belts. MSHA A commenter stated that mine

for uniform distribution of flame may be received no comments on the proposal. operators should be permitted to

determined by adjustments prior to Part 75—Mandatory Safety Standards— continue to remove belts, trim them

igniting the samples under test. MSHA Underground Coal Mines Subpart L— down, and re-install the belt in their

received no comments on the proposal. Fire Protection underground mines. Under the final

Final § 14.22(a)(8), like the proposal, rule, mine operators may continue these

Final § 75.1108 requires the use of practices if the belts have been placed

requires that, with the burner lowered improved flame-resistant conveyor belt,

away from the sample, the gas flow to in service in their mines prior to or

as approved under Part 14, in during the one-year transition period,

the burner must be set at 1.2 ± 0.1 underground coal mines. This

standard cubic feet per minute (SCFM) that is, the one-year period when either

requirement is consistent with Panel Part 18 or Part 14 belt may be

(34 ± 2.8 liters per minute) and be Recommendation 3.

maintained throughout the 5 to 5.1 purchased. Belts that have been placed

Final § 75.1108(a) is changed from the in service prior to or during the one-year

minute ignition period. One standard proposal and allows mine operators

cubic foot is the amount of gas which transition period can be used until

until December 31, 2009 to place in December 31, 2018. This belt may not be

occupies one cubic foot at 72 °F and one service in underground coal mines

atmosphere pressure (1 cubic liter at 22 marketed for use in other underground

conveyor belts approved under Part 14 coal mining operations after December

°C and 101 kilopascals). The specified or accepted under existing Part 18.

gas flow provides a stable flame and is 31, 2009, but may be used by the same

Final § 75.1108(b) is changed from the mine operator.

based on a comparison of the test results proposal and requires that effective

with the large-scale belt flammability Existing § 75.1108–1 is removed

December 31, 2009, conveyor belts because it is no longer needed.

studies. MSHA received no comments placed in service must be approved

on the proposal. under Part 14. In the event that MSHA 3. Conforming Amendments

Final § 14.22(a)(9), like the proposal, determines that Part 14 approved belt is This final rule requires conforming

provides that after applying the burner not available, the Agency will consider amendments to existing approval

flame to the front edge of the sample for an extension of the one-year transition regulations in Parts 6 and 18.

a 5 to 5.1 minute ignition period, lower period. Notice of an extension would be

the burner away from the sample and published in the Federal Register. Part 6—Testing and Evaluation by

extinguish the flame. MSHA received no Final § 75.1108(c) is added in the final Independent Laboratories and Non-

comments on the proposal. rule in response to comments and to MSHA Product Safety Standards

Final § 14.22(a)(10), like the proposal, clarify the Agency’s intent with respect Section 6.2 concerning the definition

provides that after the completion of to the use of existing conveyor belt. It of ‘‘Equivalent non-MSHA product

each test, the undamaged portion across requires that effective December 31, safety standards,’’ and § 6.20(a)(1)

the entire width of the sample be 2018, all conveyor belts used in concerning applications for

determined. Determining the underground coal mines must be equivalency, are both amended by

undamaged portion across the entire approved under Part 14. adding Part 14 (Conveyor Belts in

width of the sample is necessary for Commenters were opposed to Underground Coal Mines). These are

specifying acceptable performance of permitting the purchase of either Part 18 administrative and conforming

the conveyor belt. Blistering without or Part 14 belt for a period of one year provisions.

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charring does not constitute damage because mine operators could stockpile

because blistering could result from heat Part 18 belt, and use that belt Part 18—Electric Motor-Driven Mine

exposure rather than the presence of underground for an extended period of Equipment and Accessories

flame. MSHA received no comments on time. They stated that Part 14 belt Part 18 is amended by removing the

the proposal. should be required to be purchased and term ‘‘conveyor belt’’ from existing





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§§ 18.1, 18.2, 18.6(a), 18.6(i), 18.9(a) and • Recommendation 7—Belt air designated under existing § 75.1501 is

18.65. The revised sections of Part 18 approval recommendation; required to take charge during a mine

would only relate to acceptance of • Recommendation 8—Discontinuing emergency. That person must be trained

hoses, and existing § 18.6(c) would be point-type heat sensors; annually in a course of instruction in

removed and reserved. MSHA is making • Recommendation 9—Smoke mine emergency response.

these conforming amendments to Part sensors; Another commenter stated that this

18 because applications for approval of • Recommendation 10—Use of diesel- task training duplicates the annual

conveyor belts will be considered only discriminating sensors; training already required for AMS

under Part 14. • Recommendation 12—AMS operators and qualified persons. Under

operator training certification; the final rule, the initial task training

B. Fire Prevention and Detection and • Recommendation 13—Minimum and annual retraining are separate

Approval of the Use of Air From the Belt and maximum air velocities; requirements. The initial task training is

Entry To Ventilate Working Sections • Recommendation 14—Escapeways designed to assure that the AMS

1. General and leakage; operator has the necessary skills to

• Recommendation 15—Lifelines; operate the AMS prior to assuming

This final rule enhances miner safety

• Recommendation 16—Point- responsibility for that task. The annual

and health by including improved

feeding; and retraining in § 75.351(q) is designed to

requirements for the use of air from the

• Recommendation 17—Respirable reinforce existing skills and to assure

belt entry, belt entry and conveyor

dust. that the AMS operator remains capable

maintenance, and fire prevention and

of doing the task, with an understanding

detection. This final rule includes 2. Discussion of the Final Rule

of current mining operations.

requirements on: Approval of using air

Part 48—Training and Retraining of

from the belt entry to ventilate working Part 75—Mandatory Safety Standards—

Miners Subpart B—Training and

sections; replacement of point-type heat Underground Coal Mines

Retraining of Miners Working at Surface

sensors with carbon monoxide sensors Subpart B—Qualified and Certified

Mines and Surface Areas of

in all coal mines; training of AMS Persons

Underground Mines

operators; requirements for escapeways;

limits on respirable dust in the belt Final § 48.27(a), like the proposal, Section 75.156—AMS Operator,

entry; maximum and minimum air revises the existing rule to require that Qualifications

velocities in the belt entry; standardized miners assigned to new work tasks as Final § 75.156(a), like the proposal, is

tactile signals for lifelines; use of smoke AMS operators be trained before they new and requires that to be qualified as

sensors in mines using air from the belt perform these duties. This requirement an AMS operator, a person shall be

entry; and improved belt entry is consistent with Panel provided with task training on duties

maintenance. recommendation 12, that MSHA require and responsibilities at each mine where

Consistent with the Panel’s the qualification and certification of an AMS operator is employed in

recommendations this final rule, like AMS operators. This requirement accordance with the mine operator’s

the proposal, includes requirements applies to AMS operators that are approved Part 48 training plan. This

applicable to mines that use air from the monitoring methane or carbon requirement is consistent with Panel

belt entry to ventilate a working section, monoxide sensors used to meet the recommendation 12, that MSHA require

and requirements applicable to all requirements of: §§ 75.323(d)(1)(ii)— the qualification and certification of

underground coal mines. The Actions for excessive methane; AMS operators.

requirements applicable to all 75.340(a)(1)(ii) and 75.340(a)(2)(ii)— MSHA recognizes that a significant

underground coal mines include: Electrical installations; 75.350(b) and portion of the knowledge necessary for

Airlocks along escapeways; minimum 75.350(d)—Use of air from a belt entry an AMS operator is mine-specific and

belt entry air velocity; standardized to ventilate working sections; or must be tailored to conditions at each

tactile signals for lifelines; maintaining 75.362—On-shift examinations. MSHA mine. This task training must be

higher ventilating pressures in the believes that AMS operators must have provided at each mine where the AMS

primary escapeway; replacing point- the background, experience, and operator performs these duties due to

type heat sensors with carbon monoxide training to assure that proper actions are different AMS designs, variations in

sensors for fire detection in belt entries; taken in response to AMS signals, ventilation plans and systems,

and belt entry maintenance. including alerts, alarms, and complexities of evacuation plan

In addition, this final rule, like the malfunctions, to provide the highest requirements, and uniqueness of the

proposal, revises existing requirements degree of safety to all affected miners. mine configurations. MSHA has

related to the use of carbon monoxide Existing § 48.23 requires that a developed a training guide to assist

sensors for fire detection along belt lines training plan be approved by MSHA for mine operators in identifying essential

in all mines. These include sensor specific tasks, and that the training be elements to be included in the training

spacing, establishing a warning level, provided prior to the miner performing plan.

responses to warning and malfunction those tasks. The Agency has added AMS A commenter stated that this training

signals, testing and calibration operators to the list of tasks covered by should not be included with the Part 48

requirements, and minimum air velocity this provision. annual retraining. This commenter was

to incorporate the use of carbon A commenter stated that AMS concerned about diluting the Part 48

monoxide sensors. operators should participate in a training and wanted the AMS operator

This section of the final rule simulated mine emergency as part of the training to be separate.

addresses the following Panel initial training. While mine operators A commenter asked if MSHA would

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recommendations: may elect to include a simulated mine develop an initial training program for

• Recommendation 5—Belt entry and emergency in the initial task training for AMS operators. A commenter also

conveyor belt maintenance; AMS operators, the final rule does not stated that a copy of the initial training

• Recommendation 6—Special require simulated mine emergency plan should be furnished to miners or

requirements for the use of belt air; training. The responsible person a representative of miners two weeks





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before its submission to the district state that methane levels should be between two air courses, which form a

manager. reduced to the lowest possible level. pressure equalizing chamber. A miner

The new initial task training for AMS Several commenters were opposed to would open the first door, enter the

operators does not impact other existing a new standard stating that existing airlock, and close the door. After

training requirements in Part 48. MSHA standards, combined with methane equalizing the pressure, the miner can

has developed a model training program limits and tests already in place for the then open the second door and move

that mine operators can tailor to fit working section, provide adequate into the adjacent entry. The need for

specific mining conditions and protection. Commenters also stated that safe access is critical during a mine

equipment at their mines. Consistent any attempt to reduce methane emergency evacuation when miners

with existing § 48.23(d), mine operators concentrations in the belt entry below must move between adjacent air

must furnish a copy of the training plan 1.0 percent could create undesired courses.

to a miner’s representative two weeks pressure differentials from the belt entry The Panel recommended a standard

prior to its submission to the district to the intake air course. MSHA agrees based upon the force on the personnel

manager. that this may be true for blowing door of 125 pounds. This force on any

Final § 75.156(b), like the proposal, ventilation systems, but not for specific door is dependent upon the

requires that an AMS operator must be exhausting ventilation systems. pressure differential across the

able to demonstrate to an authorized Further, according to commenters, ventilation control, and the surface area

representative of the Secretary that he/ adjustments to reduce the methane of the personnel door. For the same

she is qualified to perform the assigned concentration in the belt entry to a range pressure differential, the force required

tasks. The inspector will make a below 0.5 to 1.0 percent may not be to open a personnel door increases

determination about the AMS operator’s possible because intake methane levels proportionately with surface area.

qualifications during regular up to 1.0 percent are permitted. MSHA In order to calculate the force exerted

inspections. In making this notes that existing standards require by a pressure differential, the pressure

determination, the inspector will ask the that when 1.0 percent or more methane differential and door dimensions must

AMS operator questions regarding: The is present in the belt entry, changes or first be determined. As reflected in the

responses to AMS signals; notification adjustments must be made to reduce the Panel’s example, a 125-pound force

requirements; approved mine plans; concentration to less than 1.0 percent. limitation on a 3-foot by 4-foot door

recordkeeping requirements; and AMS Consistent with the Panel’s would be created by a pressure

operating requirements. This assures recommendation, MSHA is not differential of 2.0 inches of water. A 3-

that the AMS operator fully understands including a new standard in the final foot by 4-foot personnel door has an

how to operate and respond to the AMS. rule, but intends to change the Agency’s area of 1,728 square inches (3′ × 4′ = 12

inspection procedures to require that square feet × 144 in2 /ft2 = 1,728 square

Subpart D—Ventilation inspectors measure methane in the belt inches). For a force of 125 pounds, the

Actions for Excessive Methane entry at a point 200 feet outby the distribution is 0.0725 pounds per square

section tail piece. This will allow the inch (125 lb ÷ 1,728 in2 = 0.0725 psi).

During the rulemaking process and at Agency to determine the effect of the Using the conversion factor, 1 psi =

each of the public hearings, MSHA use of air from the belt entry on 27.68 inches of water, the equivalent

solicited comments on whether the methane levels in the working section. pressure differential can be calculated to

Agency should establish a new The Agency recognizes that moving be 2.0 inches of water (0.0725 psi ×

provision to require that changes or air from the intake to the belt may 27.68 in. H2O/psi = 2.0 inches of water).

adjustments be made to reduce the reduce the methane concentration 200 A commenter supported the proposal

concentration of methane when a range feet outby the section loading point, but to require airlocks, but suggested

between 0.5 and 1.0 percent methane is may not result in reduced methane spacing the airlocks at intervals not to

present in the belt entry as measured concentrations on the working section exceed 1,000 feet for the entire length of

200 feet outby the section loading point. because the total air quantity delivered the escapeway from the section to the

In addition, MSHA specifically to the section will not be increased. surface. Consistent with the Panel

requested comments on the level at recommendation, MSHA believes that

which changes or adjustments should be Section 75.333(c)(4)—Ventilation airlocks should only be required when

made. MSHA received no comments Controls the force on a personnel door between

regarding a specific level at which Final § 75.333(c)(4), like the proposal, air courses along escapeways could

changes or adjustments should be made. is a new provision requiring that an result in injury to miners when opening

The Agency’s request for comments airlock be established where the air or closing the door. If the force is less

was based on Panel Recommendation pressure differential between air courses than 125 pounds, miners should not

18, which stated that the district creates a static force exceeding 125 experience difficulty opening or closing

manager should regularly evaluate any pounds on closed personnel doors along the door. Requiring airlocks on doors

working section that has methane escapeways. with lower pressures would

readings at or above 0.5% methane, The final rule is responsive to Panel unnecessarily delay miners in moving

measured 200 feet outby the tailpiece of Recommendation 14 that personnel between escapeways.

the belt. This recommendation applied doors along escapeways should be Some commenters suggested the

only to mines that use air from the belt installed to establish an airlock when proposal be modified to allow the use of

entry to ventilate working sections. the static force created by the pressure alternative measures such as flaps and

A commenter agreed with the Panel’s differential exceeds 125 pounds. High sliders to comply with the proposed

recommendation and supported a new pressure differentials on doors can lead requirement for airlocks. Another

standard to require that corrective to serious injuries to miners opening suggested that airlocks only be required

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actions be made when methane levels and closing these doors. Providing an when alternatives such as hinged or

range between 0.5 and 1.0 percent, airlock between entries provides a safe sliding doors or flaps do not reduce the

measured 200 feet outby the section means for miners to travel between two force on the door to less than 125

loading point. This commenter did not air courses. An airlock consists of a pair pounds. In the preamble to the proposal,

recommend a specific level, but did of doors installed in ventilation controls MSHA stated mine operators may have





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alternatives to establishing airlocks, This minimum velocity has been Panel further stated that the district

including reducing the size of a required for over two decades in mines manager must take special care to

personnel door, providing a flap, or using carbon monoxide sensors for fire evaluate whether the air from the belt

sliding door, which may reduce the detection, and has been shown to entry can be routed to the working face

static pressure to below 125 pounds. provide effective early warning. in a manner that is safe for all miners

Under the final rule, the Agency will The final rule, like the proposal, involved.

allow alternatives to reduce the force on allows mine operators to request lower The final rule has been changed from

a door. Airlocks are only required when velocities in the ventilation plan in the proposal to reduce to two months

the force exceeds 125 pounds. Mine areas where the minimum velocity the time allowed for mine operators

operators have the option to use cannot be maintained. Where the currently using air from the belt entry to

alternatives to reduce the force on a district manager approves such a plan, submit a revised ventilation plan to the

door. carbon monoxide sensor spacing would district manager. This change was made

A commenter suggested that the final have to be reduced to no greater than in response to commenters and to

rule should state that airlocks only be 350 feet. NIOSH research and Agency clarify MSHA’s intent that mine

required between adjacent escapeways experience show that the reduced operators submit their revised

when the force on the door exceeds 125 spacing is necessary to assure carbon ventilation plans as soon as feasible

pounds. However, such a change would monoxide resulting from a fire more after the final rule becomes effective.

not be consistent with the Panel’s quickly reaches downwind sensors. MSHA believes that the two-month

recommendation. In the final rule, Commenters questioned where and period allows adequate time.

MSHA intends that airlocks be how MSHA would make air velocity The Agency will approve ventilation

established where the air pressure measurements under the proposal. plans and revisions that assure that the

differential between air courses along Consistent with existing inspection use of air from the belt entry to ventilate

escapeways creates a static force procedures, MSHA uses representative working sections affords at least the

exceeding 125 pounds on closed cross-sectional areas when determining same measure of protection as where

personnel doors. air velocities. Large areas (such as belt belt haulage entries are not used to

During the rulemaking process and at channels, boom holes, and fall areas) ventilate working places. The district

the public hearings, the Agency and restricted areas (such as overcasts) manager will notify the operator in

solicited comments on other suitable are not representative and would not be writing of the approval or denial of

pressures. No comments were provided. used to determine air velocities. approval of a proposed ventilation plan

MSHA also solicited comments on the Another commenter supported the or proposed revision. The district

number of airlocks that would be proposal but stated that the district manager will send a copy of this

required under the proposal and the manager should conduct an notification to the miners’

associated cost. One commenter investigation, including a ventilation representative. If the district manager

provided data from 14 mines, which survey, prior to approving a lower denies approval of a proposed plan or

identify the number of airlocks required velocity in the ventilation plan. Prior to revision, the district manager will notify

in each mine based upon the proposed approving changes in the ventilation the operator, in writing, of the

rule. MSHA has considered this plan, the district manager receives deficiencies and the deadline for

comment in the regulatory economic recommendations from inspectors, submitting the required information.

analysis. supervisors and specialists who are If the operator does not respond by

familiar with specific conditions in the the deadline, or if issues can not be

Section 75.350—Belt Air Course mine. The district manager can also resolved, the district manager will send

Ventilation direct that further investigation or a second letter notifying the operator:

Final § 75.350(a)(2), like the proposal, review be made at the mine which (1) That the plan has not been approved;

revises the existing standard. It requires could include an underground (2) of the deadline for submitting any

that one year after the publication of the ventilation survey. However, the required information; and (3) that after

final rule, the air velocity in the belt Agency does not believe it is necessary that deadline, if the operator does not

entry must be at least 50 feet per to conduct an underground submit the required information, the

minute. It also requires that air investigation in all cases and has not plan will be revoked. If the operator

velocities be compatible with all fire included such a requirement in the final does not submit the required

detection systems and fire suppression rule. information in response to the second

systems used in the belt entry. Final § 75.350(b), like the proposal, letter, the district manager will send a

MSHA has revised the existing revises the existing standard. It provides letter notifying the operator that the

standard because of changes to final that the use of air from a belt air course plan is revoked.

§ 75.1103–4 (fire detection systems), to ventilate a working section be Operating after the revocation date is

which replaces point-type heat sensors permitted only when evaluated and a violation of the existing standard

for early-warning and detection of approved by the district manager in the requiring an approved ventilation plan.

conveyor belt fires with carbon ventilation plan. It requires the mine A citation would be issued for failure to

monoxide fire sensor systems in all belt operator to provide justification in the have an approved plan, as required by

entries. When point-type heat sensor plan that the use of air from the belt the existing ventilation standard.

systems are used for fire detection, no entry affords at least the same measure During the rulemaking process and at

minimum velocity in the belt entry is of protection as where belt haulage the public hearings, MSHA solicited

needed because the sensors are heat- entries are not used to ventilate working comments on this proposal. The Agency

activated. When carbon monoxide places. was particularly interested in comments

sensors are used, a minimum air This final rule addresses Panel related to circumstances in which the

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velocity of 50 feet per minute is Recommendation 7, which states that district manager does not approve the

necessary to assure that carbon MSHA should evaluate, as part of the continued use of air from the belt entry

monoxide gas produced by a fire will be approval of the mine ventilation plan, to ventilate working sections.

carried by the air current to the the safety of the use of air from the belt A commenter stated that the use of air

downwind sensors in a timely manner. entry to ventilate working sections. The from the belt entry should not be





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allowed. However, the commenter In the preamble to the proposal, the is below 1.0 mg/m3, the average

suggested that for consistency, the Agency indicated that when the district concentration of respirable dust in the

Assistant Secretary should review all manager makes a determination that the belt entry must be at or below the lowest

plan revisions proposing the use of air use of air from the belt entry would no applicable respirable dust standard on

from the belt entry. If the district longer be permitted in the mine that section. Paragraph (b)(3)(iii), like

manager makes the decision, the ventilation plan, continued use of that the proposal, requires that a permanent

commenter recommended that MSHA air would be permitted until completion designated area (DA) for dust

develop criteria for plan approval that of current mining. MSHA recognizes measurements must be established at a

would hold mine operators to a higher that a transition period may be point no greater than 50 feet upwind

standard. The commenter further stated necessary, and that some mines can from the section loading point in the

that when the use of air from the belt implement the change more readily than belt entry when the belt air flows over

entry is disapproved, its use should be others. In response to commenters, the the loading point or no greater than 50

discontinued immediately. district manager, as part of the plan feet upwind from the point where belt

Other commenters supported the use approval process, will make a air is mixed with air from another intake

of air from the belt entry to reduce determination on the duration of this air course near the loading point. The

methane levels, and stated that mines transition period based on the specific DA must be specified and approved in

currently using that air to ventilate conditions at each mine. the ventilation plan.

working sections should be allowed to Commenters also stated that the Final § 75.350(b)(3) is consistent with

continue. Some of these commenters Agency should not allow the use of air Panel Recommendation 17. The Panel

also indicated that if the district from the belt entry to ventilate working stated that respirable coal mine dust

manager decides to disapprove the use sections until MSHA establishes concentrations in the air coursed

of air from the belt entry, a reasonable standards, as part of the conveyor belt through a belt conveyor entry, and used

transition period should be allowed for approval process, for smoke density and to ventilate working sections, should be

the mine operator to make the necessary toxicity. The Agency recognizes that as low as feasible and must not exceed

ventilation changes. smoke density and toxicity can impact the existing standard of 1.0 mg/m3. The

Mine ventilation plans are designed to escape during a mine fire. To address Panel also stated that district managers

reflect the specific conditions at each these areas, MSHA issued a Request for should have the authority to require

operation. The MSHA personnel most Information to solicit input from the improvements in dust control in the belt

familiar with those mines—local mine mining community and other interested entry if the dust concentration exceeds

inspectors, specialists and supervisors— parties (73 FR 35057). MSHA believes an 8-hour time-weighted average of 1.0

possess the technical expertise and are that the use of air from the belt entry to mg/m3 or raises the concentration in

in the best position to make ventilate working sections can be made that section above the exposure limit.

recommendations concerning plan as safe as not using such air. As noted Reduced standards are frequently

approvals. Consistent with the Panel’s by the Panel, conditions such as high established on working sections due to

recommendation, MSHA believes that methane levels and deep ground cover presence of respirable quartz. The

the district manager is the appropriate can present serious safety concerns to existing exposure limit for respirable

senior official to make plan approval miners. The use of air from the belt coal mine dust is 2.0 mg/m3 when

determinations including whether air entry in these circumstances may result quartz levels are five percent or less.

from the belt entry should be used to in a safer mine environment. This standard is reduced when

ventilate working sections. To facilitate In 2006, a fatal fire occurred at the respirable dust in the mine atmosphere

consistency with respect to Agency Aracoma Alma Mine No. 1 in West contains more than five percent quartz.

policy, MSHA will develop criteria for Virginia. Public comments made during Reduced standards are computed by

district managers to use when granting this rulemaking implied that dividing the percent of quartz measured

approval for the use of belt air. deficiencies in the ventilation methods in the mine atmosphere into the number

There are potential sources of fire in and safety measures in place at Aracoma ten. For example, if the mine

belt conveyor entries, and the use of air at the time of the fire were approved by atmosphere contains 20 percent quartz,

from the belt entry to ventilate working MSHA in the ventilation plan. the reduced standard would be 0.5 mg/

sections can result in contaminants from However, the accident investigation m3 (10/20 = 0.5 mg/m3). The purpose of

a fire being carried to the working revealed that the Aracoma mine was not a reduced standard is to limit miner

section. However, the Agency ventilated as specified and required in exposure to respirable quartz.

recognizes that there may be compelling the approved ventilation plan. In the The final rule, like the proposal,

reasons to use air from the belt entry as accident report, MSHA identified 25 assures that the respirable coal mine

an intake air source for the section. violations of safety standards as dust exposure of miners on the working

These reasons may include the need for contributing to the accident. The section would not be increased by the

additional ventilation to dilute methane, Agency concluded that the two fatalities use of air from the belt entry. For

or the need for fewer entries to reduce would have been prevented had the example, if the standard for the

ground control hazards. mine operator fully complied with continuous miner operator (the

The district manager may approve the MSHA standards. designated occupation) is 2.0 mg/m3

use of air from the belt entry to ventilate Final § 75.350(b)(3), revises the and the reduced standard for the roof

the working section only in sections existing standard. Paragraph (b)(3)(i), bolter on the same working section (a

developed with three or more entries. like the proposal, requires that the designated area) is 0.8 mg/m3, the

Under existing standards, a petition for average concentration of respirable dust average concentration of respirable dust

modification will be required for two- in the belt air course, when used as a in the belt entry used to ventilate that

entry mine development to use air from section intake air course, must be working section must not exceed 0.8

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the belt entry to ventilate the working maintained at or below 1.0 mg/m3. mg/m3. This is because 0.8 mg/m3 is the

section, and to operate the belt in the Paragraph (b)(3)(ii), like the proposal, lowest applicable respirable dust

return air course. The final rule does not requires that where miners on the standard on the section.

affect existing granted petitions for working section are on a reduced If a mine operator is unable to

modification at two entry mines. respirable coal mine dust standard that effectively reduce the respirable dust





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levels in the belt entry to meet this the Panel’s recommendation, the final exceptions to the minimum and

requirement, the district manager will rule is necessary to assure that air from maximum velocities in the mine

have the authority to revoke the the belt entry does not increase miners’ ventilation plan based on specific mine

ventilation plan which allowed the use exposure to respirable coal mine dust. conditions. These exceptions can be

of air from the belt entry to ventilate the Final §§ 75.350(b)(7) and (b)(8), like approved where reductions to sensor

working section. the proposal, are new provisions. Final spacing or alert and alarm levels are

MSHA believes that technology is § 75.350(b)(7) requires that the air made to assure the fire detection

available to effectively lower respirable velocity in the belt entry must be at least capabilities of the AMS are maintained.

dust levels in the belt entry. Because a 100 feet per minute where this air is In developing their ventilation plans,

principal source of respirable dust is at used to ventilate working sections. It mine operators should use the criteria in

belt transfer points, technologies such as provides that when requested by the NIOSH research (RI 9380, 1991) to

improved water sprays may reduce dust mine operator, the district manager may determine appropriate alert and alarm

concentrations. If a mine operator approve lower velocities in the levels.

reduces the air velocity in the belt entry, ventilation plan based on specific mine A commenter supported the proposal

this could result in less scouring and conditions. Final § 75.350(b)(8) requires but suggested that exceptions to the

lower respirable dust concentrations. As that the air velocity in the belt entry minimum and maximum velocities be

the Panel indicated, the operator should must not exceed 1,000 feet per minute. approved at MSHA headquarters. For

implement improved engineering It provides that when requested by the the reasons outlined above, MSHA

controls whenever possible, or use air mine operator, the district manager may believes that the district manager is in

from another intake air course. approve higher velocities in the the most appropriate position to make a

During the rulemaking process and at ventilation plan based on specific mine judgment on this issue.

each of the public hearings, the Agency conditions. Another commenter objected to any

solicited comments on the proposal. A These requirements address Panel limits on the velocity of air in the belt

commenter supported the proposal. Recommendation 13. The Panel entry. That commenter stated that

Another commenter agreed with recommended minimum and maximum

velocities greater than 1,000 feet per

reducing dust concentrations, and stated air velocities in belt entries for mines

minute may be necessary in gassy

that the dust concentration should be as using air from belt entries to ventilate

mines. However, the commenter did

low as feasible. working sections. The Panel

Another commenter requested that recognize that the proposal allowed the

recommended a minimum velocity of

MSHA not include this proposal in the district manager to approve higher

100 feet per minute, and a maximum of

final rule because there is no scientific velocities in specific situations.

1,000 feet per minute in the belt entry,

justification for reducing the intake but acknowledged that there are Consistent with the Panel

content of air that does not contain situations where these velocities may be recommendation, MSHA believes

quartz in excess of five percent. The difficult to maintain. For this reason, the establishing limits on velocity in the

commenter stated that there is no Panel recommended allowing the final rule, with the district manager

connection between the designated area district manager to approve exceptions being able to approve exceptions to the

in the belt area and areas on the working to the minimum and maximum limits, is justified for mines using air

section where there would be a reduced velocities. from the belt entry to ventilate working

standard. The Panel provided three reasons for sections.

Another commenter stated that the requiring a minimum velocity of 100 Final § 75.350(d)(1), like the proposal,

proposal was unnecessary because feet per minute: Improve the response revises the existing standard. It requires

respirable dust samples must still be time for fire detection; reduce the that the air current that will pass

collected at the affected designated possibility of methane layering; and through the point-feed regulator must be

areas or designated occupations. This mitigate underground fog formation. monitored for carbon monoxide or

commenter stated that additional The Panel recommended limiting the smoke at a point within 50 feet upwind

reduction of dust concentrations to less maximum velocity to 1,000 feet per of the point-feed regulator. It also

than 1.0 mg/m3 should not be required minute to address physical discomfort requires that a second point must be

unless sample results from the to workers when air from the belt entry monitored 1,000 feet upwind of the

designated area or occupations indicate is used to ventilate working sections. point-feed regulator, unless the mine

non-compliance with the existing Also, according to the Panel, when air operator requests a lesser distance to be

standard. from the belt entry is used to ventilate approved by the district manager in the

The mine ventilation system must working sections, increased velocity mine ventilation plan based on mine-

provide the necessary air quantity and will result in a greater entrainment of specific conditions.

velocity to dilute and disperse the dust particles, resulting in a need to The final rule addresses Panel

airborne dust generated in the working limit the velocity. Recommendation 16. The Panel

section. This requires the intake air The Panel noted that it may be recommended that mines using air from

ventilating working sections to be difficult to achieve minimum air the belt entry to ventilate working

sufficiently uncontaminated to maintain velocities in locations outby point-feed sections install, where possible, a

compliance with applicable dust regulators, and where the air meets a second carbon monoxide sensor in the

standards. MSHA recognizes that partial obstruction like an airway primary escapeway 1,000 feet upwind of

permitting air from the belt entry to constriction at an overcast or undercast. the sensor required by the existing

ventilate working sections increases the MSHA believes that additional areas standard. MSHA believes that this final

quantity of air at the working place. The where minimum air velocities may be rule will expedite escape in the case of

Agency also recognizes that conveyor hard to achieve include those areas a fire or other emergency, since a fire in

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belt entries represent a constant and where entry height is exceptionally the primary escapeway may be detected

potentially significant dust generating high. before contaminants inundate the

source that can contribute to the Consistent with the Panel’s alternate escapeway. This early-warning

respirable dust exposure of all miners recommendation, the final rule provides will provide the AMS operator and

on the working section. Consistent with that the district manager may approve responsible person with additional time





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80594 Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Rules and Regulations



to assess potential hazards and regulator after consulting with the duties as long as the alert, alarm and

determine necessary corrective actions. responsible person designated by the malfunction signals can be seen or

MSHA is aware that point-feeding air mine operator to take charge during heard, and a timely response can be

from the primary escapeway to the belt mine emergencies. initiated. The final rule will assure that

entry designated as the alternate Several commenters indicated that the AMS operator’s other duties do not

escapeway can present significant closure of a point-feed regulator would adversely affect the primary

problems for miners who must evacuate be a major ventilation change. The responsibility of responding to AMS

the mine due to a fire in the primary commenters noted that the change can signals.

escapeway. The second sensor would reduce the intake air quantity on a Commenters supported this provision,

monitor the primary escapeway for fire. working section and create hazardous but were concerned that AMS operators

Agency experience suggests this is conditions. These commenters were may have other duties not directly

possible in most cases since point-feed opposed to requiring a means to related to safety and health. These

regulators are typically near the mouth remotely close or re-open point-feed commenters also stated that AMS

of development panels or deep into the regulators due to the possibility of operators should not have other

mains of the mine. However, the final inadvertent closure, which could create responsibilities during an emergency.

rule allows operators to request that a explosive atmospheres in working In response to these comments, the

lesser distance be approved by the places. A commenter stated that these final rule adds a requirement clarifying

district manager in the mine ventilation types of air changes should be that, in the event of an emergency, the

plan based on mine-specific conditions, performed only by trained mine rescue sole responsibility of the AMS operator

for example, near intake shafts where personnel with MSHA approval, and shall be to respond to the emergency.

the distance from the point-feed only after the mine was evacuated. This will assure that an AMS operator

regulator to the bottom of the shaft may MSHA agrees that closure of a is performing those duties essential to

be less than 1,000 feet. regulator can reduce the intake air the safety and health of miners during

A commenter suggested that similar quantity on a working section, and may an emergency.

protection should be required for cause sudden and rapid increases in

Section 75.351(e)—Location of

locations where air is introduced from methane concentrations on the working

Sensors—Belt Air Course

a shaft or slope into the belt air course sections. Closing regulators without

(injection point). MSHA does not properly notifying sections may lead to Final § 75.351(e)(1), like the proposal,

consider these locations to be point-feed an ignition in the face area, fires and revises and renumbers existing

regulators. This commenter’s suggestion explosions. § 75.351(e). Under final § 75.351(e)(1),

is beyond the scope of the Panel’s After a review of the comments, the the term ‘‘approved’’ has been added to

recommendation and this rulemaking. Agency has determined, based on its clarify that all sensors used for fire

Other commenters stated a sensor experience with making ventilation detection must be approved under

installed 1,000 feet out by a point-feed changes during emergencies that the existing § 75.1103–2. In addition, the

regulator did not provide additional existing requirement that point-feed term ‘‘smoke sensors’’ has been deleted.

protection and was not necessary. In its regulators be provided with a means to The requirements for smoke sensors are

report, the Panel recommended close the regulator from the intake and addressed in final § 75.351(e)(2).

installation of this sensor to provide belt air courses within the mine is the Final §§ 75.351(e)(1)(i) and (ii), like

earlier warning of a fire in the intake, most appropriate method for making the proposal, renumber existing

and to eliminate possible false alarms. this ventilation change during a mine §§ 75.351(e)(1) and (2). Final

MSHA agrees that these sensors can emergency. This allows an on-site § 75.351(e)(ii) makes nonsubstantive

provide early detection of a fire in the evaluation of the circumstances changes for clarity and ease of reading.

intake, and enhance miner safety. surrounding the emergency, and No other changes have been made to

Proposed § 75.350(d)(7) is not prevents an inadvertent or unauthorized these provisions.

included in the final rule. The proposal closure from the surface. Final § 75.351(e)(1)(iii), like the

would have required that where point- proposal, renumbers and revises

feeding air from a primary escapeway to Section 75.351(b)—Designated Surface existing § 75.351(e)(3). It requires

a belt entry designated as an alternate Location and AMS Operator approved sensors at intervals not to

escapeway, point-feed regulators be Final § 75.351(b)(2), like the proposal, exceed 1,000-feet along each belt entry;

equipped with a means to remotely revises the existing standard. It requires however, in areas along each belt entry

close the regulator. It would have also that the AMS operator must have as a where air velocities are between 50 and

required that the AMS operator, after primary duty the responsibility to 100 feet per minute, spacing of sensors

consultation with the responsible monitor the malfunction, alert and must not exceed 500 feet. It also retains

person and section foreman, be capable alarm signals of the AMS, and to notify the existing requirement that in areas

of performing this function from the appropriate personnel of these signals. along each belt entry where air

designated surface location. The final In response to comments and to clarify velocities are less than 50 feet per

rule does not include a requirement for the Agency’s intent, the final rule is minute, the sensor spacing must not

providing a means for closing or re- changed from the proposal to include a exceed 350 feet.

opening the regulator from the requirement that, in the event of an The requirement for a minimum

designated surface location. emergency, the sole responsibility of the velocity in the belt entry is based on the

The proposed rule addressed Panel AMS operator shall be to respond to the time it would take for carbon monoxide

Recommendation 16. The Panel emergency. or smoke to travel from a fire to the

recommended that, when carbon The final rule addresses Panel sensors. When the air velocity is

monoxide sensors detect alert or alarm Recommendation 12. The Panel reduced, the time required to carry

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levels of carbon monoxide and the mine indicated that the highest priority of the carbon monoxide gas or smoke to a

has designated the belt entry as the AMS operator should be monitoring and sensor is increased. Therefore, the

alternate escapeway, the AMS operator responding to system signals. Under the distance between sensors needs to be

should have the ability and authority to final rule, the AMS operator is not reduced to maintain the same level of

remotely close or open the point-feed prohibited from performing additional early-warning fire detection.





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The 500-foot spacing interval for Final § 75.351(e)(1)(v), like the installed at intervals not to exceed 3,000

velocities between 50 and 100 fpm, like proposal, renumbers existing feet along each belt entry. The Agency

the proposal, is a new requirement. § 75.351(e)(5). No other changes have is not requiring a smoke sensor to be

MSHA calculated the spacing been made. installed near the midpoint of the belt

requirement, which provides a 10- Final § 75.351(e)(2), like the proposal, line as recommended by the Panel. The

minute maximum travel time for gases is a new provision. It requires smoke midpoint of the belt line will change as

between sensors. The 500-foot spacing sensors to be installed to monitor the the section advances or retreats, which

requirement with a velocity between 50 belt entry under final § 75.350(b). The would require splicing of the data line

and 100 fpm is equivalent to the 1,000- final rule addresses Panel when relocating the smoke sensor. The

foot sensor spacing with 100 fpm air Recommendation 9 that MSHA require frequent splicing of the data lines could

velocity. The time for carbon monoxide the use of smoke sensors in addition to allow moisture and dust to enter the

gas or smoke to travel from a fire to a carbon monoxide sensors in mines line and may result in communication

downwind sensor is no greater than 10 using air from a belt entry to ventilate failures. Miners have indicated that

minutes. working sections at three specific frequent splicing of the cable containing

A commenter supported the locations. the AMS data line can adversely affect

provision, but stated that the When smoke sensors become the reliability of a system.

effectiveness of the reduced sensor available, mine operators must comply MSHA believes the requirement for

spacing should be demonstrated in the with the requirements for installing both smoke sensors along the belt entry is

mine. The Agency has extensive smoke and carbon monoxide sensors in responsive to the Panel’s goal for more

experience and data on the air flow those mines that use air from the belt effective and reliable early detection of

characteristics in belt conveyor entries, entry to ventilate the working section. conveyor belt fires. The final rule would

including tracer gas tests and ventilation Final § 75.351(e)(2)(i), like the avoid problems associated with frequent

surveys. That experience and data show proposal, requires a smoke sensor to be relocation of the smoke sensor. The

that reduced sensor spacing installed at or near the working section 3,000-foot spacing requirement provides

requirements are effective for detecting belt tailpiece in the air stream longer belts to be monitored at

carbon monoxide produced by a fire. ventilating the belt entry. In addition, in additional locations.

MSHA believes further testing at each longwall mining systems, the sensor Final § 75.351(e)(2)(iv), like the

mine site is not necessary. must be located upwind in the belt proposal, provides that the smoke

Final § 75.351(e)(1)(iv), like the entry at a distance no greater than 150 sensor requirements of this final rule are

proposal, renumbers and revises feet from the mixing point where intake effective one year after the Secretary has

existing § 75.351(e)(4). It requires air is mixed with the belt air at or near determined that a smoke sensor is

approved sensors not to be more than the tailpiece. available to reliably detect fire in

100 feet downwind of each belt drive A smoke sensor at or near the section underground coal mines. This final rule

unit, each tailpiece transfer point, and tailpiece will warn miners of smoke is consistent with the Panel’s suggested

each belt take-up. In addition, if the belt prior to it contaminating the working delayed effective date for the smoke

drive, tailpiece, and/or take-up for a section. This allows more time for sensor requirement, to permit in-mine

single transfer point are installed miners to evacuate the section with less evaluation of the sensors. The Panel

together in the same air course, and the exposure to potentially toxic fumes. noted reliability and maintenance issues

distance between the units is less than Final § 75.351(e)(2)(ii), like the with the use of smoke sensors in

100 feet, they may be monitored with proposal, requires a smoke sensor to be underground coal mines, especially

one sensor downwind of the last installed not more than 100 feet along conveyor belt entries.

component. Also, if the distance downwind of each belt drive unit, each NIOSH is currently testing smoke

between the units exceeds 100 feet, tailpiece, transfer point, and each belt sensors used in other harsh industrial

additional sensors are required take-up. In addition, if the belt drive, environments for their potential use in

downwind of each belt drive unit, each tailpiece, and take-up for a single underground mines. NIOSH is

tailpiece transfer point, and each belt transfer point are installed together in evaluating these sensors to assess

take-up. the same air course, and the distance reliability and service life.

A commenter supported the proposal, between the units is less than 100 feet, To allow for further in-mine

and added that the sensors should also they may be monitored with one sensor evaluation and approval of smoke

be visually examined during the preshift located downwind of the last sensors, the Secretary’s determination

examination. Existing standards require component. Also, if the distance will be made after a nationally

these sensors to be visually examined at between the units exceeds 100 feet, recognized testing laboratory formally

least once each shift because they are additional sensors are required lists a smoke sensor specifically tested

installed to comply with § 75.350(b). downwind of each belt drive unit, each for use in underground coal mines. In

The examination can be made during tailpiece, transfer point, and each belt making the determination regarding the

either the preshift or on-shift take-up. These components are potential availability of smoke sensors, the

examination. fire sources. The additional sensors will Secretary will also consider whether

Another commenter suggested the assure earlier detection of a fire. additional rulemaking is appropriate.

provision should apply only to mines Based upon the Panel’s report and MSHA will notify mine operators of the

using air from the belt entry to ventilate Agency experience and data, MSHA availability of smoke sensors by

the working section. While the final rule believes that smoke sensors provide publishing a notice in the Federal

applies only to mines using air from the additional protection at the belt drive, Register.

belt entry, the same requirement is which can be a major source of The final rule is based on the

included in final § 75.1103–4(a)(1)(i) frictional heating from belt slippage. Secretary’s authority under existing

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and applies to all mines using belt This can often produce significant § 75.1103–2 to approve nationally

haulage. Belt drives, tail pieces, transfer smoke with little carbon monoxide, and recognized testing laboratories. The

points and take-up units are potential can result in a belt fire. Secretary has approved two such

fire sources. The additional sensors will Final § 75.351(e)(2)(iii), like the laboratories for listing or approving

assure earlier detection of a fire. proposal, requires smoke sensors to be components of automatic fire sensors.





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80596 Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Rules and Regulations



They are Underwriters Laboratories (UL) sensors, and for mine operators to must travel to all working sections. The

and Factory Mutual (FM). These purchase and install them. Panel stated that some AMS operators

laboratories establish standards for A commenter supported the locations do not travel underground, and

manufacturers of components of of smoke sensors but wanted sensors to recommended that they be required to

automatic fire sensors used in be placed at intervals not to exceed spend at least a day underground on a

underground coal mines. 1,500 feet and to have smoke sensors semi-annual basis.

MSHA has recommended a change to placed at every transfer point along each

a commercial standard for smoke belt line. Consistent with the Panel Several commenters objected to the

detectors to be applied to address sensor recommendation, the Agency believes a proposal, stating that some AMS

reliability in underground coal mines. 3,000-foot interval achieves the operators are disabled and may not be

In December 2002, the Agency asked UL objective for placing a sensor near the able to travel underground safely. In

to add a category for smoke sensors for midpoint of each belt flight. MSHA support of their objection, they stated

underground coal mines to their recognizes that once a smoke sensor has that some of these AMS operators are

commercial performance standard for been approved for use in underground miners with substantial underground

smoke sensors (UL268). In MSHA’s coal mines, adjustments to spacing experience and, under the proposal,

request to UL, the Agency asked that the requirements may be necessary based on would be precluded from operating the

performance standard for smoke sensors in-mine testing. AMS. Another commenter stated that

include tests for sensitivity to accommodations can be made for

Section 75.351(q)—Training

smoldering and flaming coal. UL has disabled AMS operators to travel

formed a new working group, which Final § 75.351(q)(1), like the proposal, underground.

includes an MSHA representative, to revises existing § 75.351(q). It requires

study false alarms caused by coal mine that all AMS operators must be trained Other commenters supported the

dust and other airborne particulates. annually in the proper operation of the proposal because they recognize the

MSHA’s Program Policy Manual AMS. It requires that training include value of the AMS operator being

(Manual) provides additional guidance the following subjects under final familiar with underground workings. In

on the requirements of § 75.1103–2. The paragraphs (q)(1)(i) through (vii): their view, this familiarity gives AMS

Manual states that fire sensors used in Familiarity with underground mining operators a greater sense of what needs

belt entries must be listed or approved systems; basic AMS requirements; the to be done during an emergency. These

by UL or FM. New or unique devices to mine emergency evacuation and commenters also stated that a greater

be used as fire sensors that are not yet firefighting program of instruction; the frequency than every six months may be

listed by UL or FM and which may meet mine ventilation system including needed.

the requirements of these standards can planned air directions; appropriate Consistent with the Panel

be submitted to MSHA’s Office of responses to alert, alarm and recommendation, MSHA believes it is

Technical Support for a determination malfunction signals; use of mine

of whether they are acceptable to use. important for AMS operators to travel

communication systems including

Once a laboratory has formally listed underground to retain familiarity with

emergency notification procedures; and

a smoke sensor for use in underground AMS recordkeeping requirements. underground mining systems including

coal mines, the Secretary will evaluate The final rule is consistent with Panel haulage, ventilation, communication,

the sensor to determine if it will reliably Recommendation 12 which specifies the and escapeways. MSHA appreciates

detect a fire in the underground content of required annual training for commenters’ concerns for disabled

environment. MSHA believes that, once AMS operators. miners, but the Agency believes that

the smoke sensors for underground coal Under the final rule, training should accommodations can be made to allow

mines are available, one year will allow address the specific conditions and disabled AMS operators to meet this

mine operators using air from the belt practices at the mine where the AMS requirement. MSHA also believes that

entry to ventilate working sections operator is employed. Based on Agency the six-month frequency recommended

sufficient time to purchase and install experience, MSHA believes an by the Panel is appropriate to provide

the sensors. The Agency intends to keep understanding of these subjects is AMS operators with current information

the mining community informed of essential to properly perform the duties on the underground operation.

ongoing activities with respect to the of an AMS operator.

development of smoke sensors for A commenter supported the specified Final § 75.351(q)(3) is changed from

underground coal mines. content of the proposed training but the proposal to be consistent with the

Some commenters supported the stated that the training under the existing requirement to keep training

proposal, but stated that smoke sensors proposal should not be part of the records for one year. It requires a record

are currently available. They added that annual Part 48 training. This commenter of the content training, the person

upon approval, installation should be also stated that AMS operators should conducting the training, and the date

immediate and not be delayed by receive training on system maintenance the training was conducted to be

allowing one year for compliance. Other and calibration in order to better judge maintained at the mine for at least one

commenters stated that smoke detectors when the system may need year by the mine operator. The final rule

should not be required until they are maintenance. allows MSHA to verify the training in

reliable and commercially available. The training required in the final rule the previous year has been conducted.

NIOSH has not found smoke sensors is separate from annual refresher Several commenters objected to the

to be reliable for fire detection in the training in Part 48. AMS operators will proposed requirement to maintain the

mine environment. Research continues receive training on those aspects of training records for two years, stating

to identify technology that can be maintenance and calibration that are

that it was inconsistent with other

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adapted to the mine environment, and directly related to alert, alarm, and

MSHA intends to require smoke sensors existing record retention requirements.

malfunction signals.

when available. The Agency believes Final § 75.351(q)(2), like the proposal, One commenter supported the proposal.

that one year is an appropriate time is new and requires that, at least once For consistency, the final rule includes

period for manufacturers to produce the every six months, all AMS operators a one year record retention period.





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Section 75.352—Actions in Response to as the alternate escapeway. This would belt entry to ventilate working sections

AMS Malfunction, Alert, or Alarm include any entries designated as the to evaluate the number of occurrences of

Signals escapeway common with the belt. This false alarms due to diesel exhaust. In

Final § 75.352(f), like the proposal, signal must be given when sensors those instances where such false alarms

makes a conforming reference and monitoring the primary escapeway are excessive, the Panel recommended

organizational changes to the existing indicate a potential fire. The signal, MSHA should require the use of diesel-

standard. It deletes the term ‘‘50-foot per which is in addition to the signals discriminating sensors.

provided to affected sections, will Based on Agency experience and data,

minute’’ and replaces the reference to

provide miners in the area with early diesel exhaust contains carbon

§ 75.351(e)(3) with § 75.350(b)(7).

notification that there is a potential fire monoxide, and can activate alerts and

Final § 75.352(g), like the proposal, is

in the primary intake, and that the alarms. Under these circumstances,

new. It requires that the AMS

alternate escapeway could become these signals may not be the result of a

automatically provide both a visual and

contaminated. The signal would allow fire, but the result of diesel equipment

audible signal in the belt entry at the

those miners to take early and operating in the area. An excessive

point-feed regulator location, at affected number of these alert and alarm signals

appropriate action.

sections, and at the designated surface can cause miners to become complacent

location when carbon monoxide Section 75.371—Mine Ventilation Plan; and routinely ignore them as false

concentrations reach (1) the alert level Contents alarms. The benefit of diesel-

at both point-feed intake monitoring Final § 75.371(jj), like the proposal, discriminating sensors is that the

sensors, or (2) the alarm level at either revises the existing standard. It requires frequency of signals caused by diesel

point-feed intake monitoring sensor. that the mine ventilation plan contain engines is reduced.

The final rule addresses Panel the locations and approved velocities at The final rule provides that the

Recommendation 16 that when both of those locations where air velocities in district manager may require the use of

the sensors installed in the primary the belt entry are above or below the diesel-discriminating sensors in the

escapeway monitoring the point feed limits set forth in final § 75.350(a)(2) or approved mine ventilation plan. It

reach the carbon monoxide alert level, final §§ 75.350(b)(7) and 75.350(b)(8). requires that the operator include in the

or if one sensor reaches the alarm level, The final rule addresses Panel ventilation plan the locations of any

a warning signal be given at the Recommendation 13 regarding the diesel-discriminating sensors. The

regulator location. The Panel’s approval of air velocities in the belt district manager decision to require the

recommendation addresses point-feed entry. Although the Panel recommended use of these sensors will be based on

regulators where air is introduced to a minimum and maximum velocities in mine conditions where diesel-powered

belt entry and used to ventilate the the belt entry, they recognized that in equipment is used and excessive alert

working section. The Panel specifically certain areas of underground coal mines and alarm signals are caused by diesel

limited this recommendation to point- it may be difficult to achieve these exhaust. Since the final rule is

feed regulators feeding the belt entries velocities. The Panel specifically noted applicable to all mines using belt

designated as alternate escapeways. that this may occur in the outby air split haulage, the reference to existing

The final rule provides that visual and near a point-feed regulator, or where the § 75.351(e)(5), that relates to mines

audible signals be automatically air meets a partial obstruction like an using air from the belt entry to ventilate

activated at all three locations when airway constriction at an overcast or the working section, is deleted.

concentrations of carbon monoxide at undercast. Where the recommended MSHA conducts periodic reviews of

both of the sensors in the intake velocities cannot be achieved, the Panel AMS records during regular inspections

escapeway reach the alert level or when recommended that the district manager of the mine. MSHA re-emphasized

one sensor reaches the alarm level. may approve exceptions in the mine procedures for inspecting an AMS in a

The signal at the regulator would ventilation plan, dependent upon recently revised Agency handbook,

provide notice to miners nearby that a specific mine conditions. which specifically provides inspectors

fire may have occurred in the primary MSHA believes that requiring with guidance on evaluating the

escapeway. This information will assist approval in the mine ventilation plan frequency of diesel-related alert and

miners in evacuating the mine. will allow the district manager to fully alarm signals (Carbon Monoxide and

The Panel did not specify in which evaluate the conditions in the mine Atmospheric Monitoring Systems

escapeway the signal is to be located. including all aspects of the mine Inspection Procedures MSHA Handbook

The final rule specifies that the signal be ventilation system. In making a PH–08–V–2, February, 2008).

located in the belt entry (alternate determination on whether to approve Final § 75.371(nn), like the proposal,

escapeway). Since the purpose of the requested velocities, the district revises the existing standard. It requires

signal is to warn of a potential fire in the manager would evaluate the need for that the mine ventilation plan contain

primary escapeway, MSHA believes that increasing fire detection sensitivity by the length of the time delay or any other

it is more appropriate to locate the adjusting alert and alarm levels for high method used to reduce the number of

signal on the belt side of the regulator. velocities or reducing sensor spacing for non-fire related alert and alarm signals

A commenter stated that since the low velocities. from carbon monoxide sensors.

signal is in an area that is normally Final § 75.371(mm), like the proposal, This final rule addresses Panel

unmanned, it would not be useful. That revises the existing standard. It requires Recommendation 8 on discontinuing

commenter further stated that if a signal that the mine ventilation plan contain the use of point-type heat sensors, and

is required, it should only alarm when the location of any diesel-discriminating replacing them with carbon monoxide

the point feed regulator has been closed, sensor, and additional carbon monoxide sensors for early fire detection in all

and the signal should only be required or smoke sensors installed in the belt air mines using belt haulage. Existing

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if the belt entry is designated as the course. § 75.351(m) requires that the use and

alternate escapeway. The final rule addresses length of any time delays be approved

Consistent with the Panel Recommendation 10 that MSHA by the district manager in the mine

recommendation, the signal is required perform regular, periodic reviews of the ventilation plan for mines using air from

only where the belt entry is designated AMS records at mines using air from a the belt entry to ventilate the working





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80598 Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Rules and Regulations



section. Time delays may also be These protections would include feedback distinguishable from other

necessary in some mines that do not use enhanced stopping construction and markings to indicate the location of

air from the belt entry to ventilate design, or changes to the ventilation physical impediments in the

working sections to aid in the reduction system. escapeways, are not included in the

of false alarms. Like the proposal, final Sections 75.380—Escapeways;

final rule.

§ 75.1103–4 requires the use of carbon Bituminous and Lignite Mines, and The final rules address Panel

monoxide sensors. Therefore, time 75.381—Escapeways; Anthracite Mines Recommendation 15. The Panel made

delays for these mines must also be recommendations on tactile signals

approved in the mine ventilation plan. Final §§ 75.380(d)(7)(v) and attached to lifelines and signal

Accordingly, the final rule deletes the 75.381(c)(5)(v), like the proposal, revise standardization.

reference to existing § 75.351(m) the existing standards. They require that

each lifeline be equipped with one Several commenters supported the

because this final rule applies to all proposed standardization of tactile

mines using belt haulage. directional indicator cone securely

attached to the lifeline, signifying the signals, but believed the proposed rule

Proposed § 75.371(yy) would have created a system of cones that was too

required that the mine ventilation plan route of escape, placed at intervals not

exceeding 100 feet. In addition, cones complicated. These commenters wanted

contain the locations where airlock a simpler system that would be easier to

doors are installed between air courses. must be installed so that the tapered

section points inby. The final rule adds remember during a mine emergency.

Several commenters suggested that Several of these commenters also

including the locations in the the phrase ‘‘securely attached to the

lifeline’’ to clarify the Agency’s intent stressed the need for adequate training

ventilation plan is unnecessary since for miners.

those locations are already required on under the proposal.

Final §§ 75.380(d)(7)(vi) and Another commenter believed

the mine ventilation map. Commenters

75.381(c)(5)(vi), are renumbered and standardization was not necessary, and

also stated that no approval to install an

changed from proposed that mines should be permitted to

airlock should be required in the

§§ 75.380(d)(7)(vii) and 75.381(c)(5)(vii). continue to use signals they have

ventilation plan. MSHA concurs that the

They require each lifeline to be developed, which have been used for an

mine ventilation map is the appropriate

equipped with one sphere (such as a extended period of time. This

place to identify airlock locations.

tennis ball) securely attached to the commenter believed changing the tactile

Therefore, proposed § 75.371(yy) is not

lifeline at each intersection where signals may create confusion. This

included in the final rule.

personnel doors are installed in adjacent commenter also stated the proposal

Proposed § 75.371(zz) is renumbered

crosscuts. would require replacing miles of lifeline

to § 75.371(yy). It requires that the mine Final §§ 75.380(d)(7)(vii) and in their mine and retraining hundreds of

ventilation plan contain the locations 75.381(c)(5)(vii), are new. The final rule miners for little benefit.

where the pressure differential cannot responds to comments by simplifying

be maintained from the primary During the rulemaking process and at

the proposal. The final rule requires that the beginning of each public hearing,

escapeway to the belt entry. each lifeline be equipped with two

The final rule addresses Panel the Agency specifically solicited

securely attached cones, installed in comments on alternate tactile signal

Recommendation 14 that primary succession with the tapered section

escapeways be ventilated with intake air markings. The Agency received no

pointing inby, to signify an attached specific comments suggesting

preferably, and to the extent possible, branch line is immediately ahead.

the primary escapeway should have a alternatives to its proposal.

Final §§ 75.380(d)(7)(vii)(A) and

higher pressure than the belt entry. The 75.381(c)(5)(vii)(A) are renumbered and In response to comments, the final

final rule allows the district manager to changed from proposed rule requires a simpler system of tactile

evaluate specific mine conditions and §§ 75.380(d)(7)(vi) and 75.381(c)(5)(vi). signals. The Agency continues to

require additional actions or They require a branch line leading from believe that a standardized system will

precautions to be taken to protect the the lifeline to an SCSR cache to be reduce the possibility of confusion in an

integrity of the primary escapeway, as marked with four cones with the base emergency, and will provide an

appropriate. sections in contact to form two diamond additional safety benefit to miners who

A commenter suggested that requiring shapes. The cones must be placed transfer to different mines, because they

approval in the ventilation plan of within reach of the lifeline. would not have to become familiar with

locations where pressure differentials Final §§ 75.380(d)(7)(vii)(B) and new signal systems.

cannot be maintained would require 75.381(c)(5)(vii)(B) are renumbered and The final rule requires only three

frequent and unnecessary changes. changed from proposed signals to be attached to the lifeline.

MSHA believes these areas must be §§ 75.380(d)(7)(ix) and 75.381(c)(5)(ix). These are for direction of travel,

identified in the plan to allow an They require a branch line leading from location of personnel doors, and to alert

evaluation of the methods used to limit the lifeline to a refuge alternative to be miners that a branch line is ahead that

air leakage into the primary escapeway. marked with a rigid spiraled coil at least would lead to either an SCSR storage

The Agency expects that in areas where eight inches in length. The spiraled coil cache or a refuge alternative. Additional

the pressure differentials cannot be must be placed within reach of the signals are required on the branch lines

maintained from the primary escapeway lifeline. to identify whether it leads to an SCSR

to the belt, mine operators will provide Proposed §§ 75.380(d)(7)(viii) and storage cache or a refuge alternative.

additional protection to maintain the 75.381(c)(5)(viii), which required each Illustration 1 shows how these signals

integrity of the primary escapeway. lifeline be marked to provide tactile should be installed.

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The final rule does not include a provided with lifelines or an equivalent escapeway to the belt air course. A

tactile signal to indicate the location of device. The new requirements for tactile higher pressure in the primary

physical impediments in the escapeway. signals are applicable to any device escapeway would assure that air leakage

By not including this signal, the Agency used to comply with these sections. would move from the escapeway to the

has simplified the signals on the Final §§ 75.380(f) and 75.381(e), like belt entry. In case of a fire in the belt

lifeline. The Agency believes that the the proposal, revise the existing entry, the primary escapeway would not

locations of physical impediments can standards on the primary escapeway. become contaminated. Under the final

be addressed during evacuation They provide that one escapeway, rule, an operator may submit an

training. ventilated with intake air, shall be alternative in the mine ventilation plan,

In another rulemaking, MSHA is designated as the primary escapeway. based on mine specific conditions, to

establishing new requirements for The final rules require that the primary protect the integrity of the primary

refuge alternatives in underground coal escapeway shall have a higher escapeway. The alternative must be

mines. Because tactile signals on ventilation pressure than the belt entry approved by the district manager.

lifelines are addressed in this final rule, unless the mine operator submits an

to provide a comprehensive and alternative in the mine ventilation plan There are two components to air

integrated approach for these to protect the integrity of the primary leakage. First, the flow from one entry

requirements, the Agency is including escapeway, based on mine specific to the other is caused by the pressure

the requirement for tactile signals conditions, which must be approved by differential. Air will tend to flow from

leading to refuge alternatives in this the district manager. high to low pressure. The other

rulemaking. In the proposal, the Agency The final rules address Panel component is the resistance to flow. A

would have required a two-foot rigid Recommendation 14. The Panel high resistance will not allow high air

coil as a tactile signal for refuge recommended that primary escapeways flow rates even when the pressure

alternatives. The proposed requirement should be designed, constructed, and differentials are considerable. A key to

has been changed to a rigid spiraled coil maintained in accordance with the limiting air leakage through a

at least eight inches in length. provisions of existing §§ 75.333(b) ventilation control is to increase the

These signals, when integrated with through (d) to minimize the air leakage. resistance by sealing the control and its

the comprehensive escape and The Panel also recommended that perimeter. Historically, MSHA has

evacuation plan, including escapeway primary escapeways be ventilated with identified damaged and improperly

drills and expectation training, will help intake air and, to the extent possible, the installed doors as sources of high air

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miners understand the differences in, primary escapeway should have a leakage. Openings in stoppings to

and significance of, tactile signals and higher pressure than the belt entry. provide routing of air and water lines,

aid in evacuating the mine. Based on Agency experience, MSHA electrical conductors and other conduits

Existing §§ 75.380(d)(7) and recognizes the need to maintain the must also be sealed to minimize air

ER31DE08.000









75.381(c)(5) require escapeways to be pressure differential from the primary leakage. When these conduits are





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80600 Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Rules and Regulations



removed, ventilation controls must be The final rule eliminates the existing As stated in the proposal, this

properly repaired. requirement to identify the belt flight on requirement is intended to provide early

The Agency does not support the use which the system detects fire. When fire detection at the belt drive where

of check curtains or other temporary point-type heat sensors are used for fire there are multiple belt components,

ventilation controls such as parachute detection, they are designed to identify which are potential fire sources, and the

stoppings to increase the resistance in the belt flight on which the fire occurs. distance between these components

the primary escapeway in order to Carbon monoxide sensors provide a exceeds 100 feet. The final rule allows

pressurize the air course during normal more precise identification of the one sensor to monitor the drive, take-up,

mining. The use of such controls on a location, to within 1,000 feet. and tailpiece if the distance is less than

regular basis diminishes the efficiency The final rule supersedes granted 100 feet. When sensors need to be

of the ventilation system. petitions for modification that allowed installed in high places, the mine

Commenters stated that mine mine operators to use carbon monoxide operator can use mechanisms that allow

operators should be required to sensors equivalent to point-type heat sensors to be temporarily lowered to a

maintain the pressure differential from sensors. Mines operating under these location where they can be safely

the primary escapeway to the belt entry petitions must comply with the accessed for maintenance purposes.

at all times, and that alternatives should requirements in the final rule. Mines Final § 75.1103–4(a)(1)(ii), like the

not be approved in the mine ventilation that have installed carbon monoxide proposal, requires a sensor to be

plan, but only in petitions for sensors in lieu of point-type heat installed in the belt entry not more than

modification. A commenter also stated sensors must comply with the final rule. 100 feet downwind of each section

the pressure in the primary escapeway Commenters supported the proposal. loading point. This sensor monitors the

should at all times be at least 50 percent A commenter stated that carbon section loading point, and provides

higher than that in the belt entry. monoxide sensors provide for a safer miners on the section with warning of

Other commenters indicated that method of detecting fires than point- fire in the belt entry. A commenter

maintaining the pressure differential as type heat sensors. supported the proposal.

proposed may not be feasible in all areas Final § 75.1103–4(a)(1)(iii), like the

Final § 75.1103–4(a)(1), like the

of the mine. proposal, requires that sensors be

proposal, requires carbon monoxide

Consistent with the Panel located along the belt entry so that the

sensors to be installed at specific

recommendation, MSHA believes that to spacing between sensors does not

locations along belt conveyors. These

the extent possible, the primary exceed 1,000 feet. Where air velocities

locations maximize the potential of

escapeway should have a higher are less than 50 feet per minute, spacing

early warning of a fire in the belt entry,

pressure than the belt entry. The must not exceed 350 feet.

and are based on Agency experience The 350-foot spacing requirement has

Agency’s action in the final rule reflects with the use of carbon monoxide

the Agency’s opinion that it is not been shown in NIOSH research to

sensors in underground coal mines. provide effective early warning of a fire

possible to maintain the primary Final § 75.1103–4(a)(1)(i), like the

escapeway at a pressure 50 percent in the belt entry when the air velocity

proposal, requires a sensor to be placed is 50 feet per minute or less. The

higher than the belt entry in all areas of not more than 100 feet downwind of

the mine, as suggested by commenters. combination of sensor spacing and air

each belt drive unit, each tailpiece velocity is required to assure that carbon

This is especially so on development transfer point, and each belt take-up. If

sections where pressures equalize near monoxide produced by a belt fire is

the belt drive, tailpiece, and/or take-up transported to the sensor to provide for

the section loading point. Due to unique are installed together in the same air

conditions in mines, the district an effective warning.

course, they may be monitored with one A commenter stated that the spacing

manager is the appropriate official to sensor located not more than 100 feet requirement should be modified so that

make determinations regarding downwind of the last component. sensors are placed every 500 feet to

alternatives to maintaining the pressure However, if the distance between the allow the location of a fire to be

differential based upon a review of the belt drive unit, tailpiece transfer point, detected with greater accuracy. Another

mine operator’s proposed revision to the and belt take-up units exceeds 100 feet, commenter stated that 2,000 feet

mine ventilation plan. additional sensors are required to spacing of sensors is effective.

Subpart L—Fire Protection monitor each of these belt conveyor Another commenter stated that 500

components. feet would be more appropriate spacing

Section 75.1103–4—Automatic Fire A commenter supported the proposal. for carbon monoxide sensors where the

Sensor and Warning Device Systems; Other commenters objected to the velocity along the belt is less than 50

Installation; Minimum Requirements proposal, stating that additional sensors feet per minute.

Final § 75.1103–4, like the proposal, would be unnecessary, require NIOSH research on sensor spacing has

requires the use of carbon monoxide additional maintenance, and could be shown that 1,000 feet is the appropriate

sensors for fire detection along belt the source of false alarms. Another distance for air velocities of least 50

conveyors in all underground coal commenter stated that one sensor fpm. Additional NIOSH research has

mines. In addition, the final rule should be allowed to monitor a belt demonstrated that reduced sensor

includes installation, maintenance, transfer consisting of a drive, take-up, spacing of 350 feet is necessary when air

operating and training requirements and a tailpiece if all are in the same velocities are less than 50 fpm to

related to the use of carbon monoxide ventilation stream. maintain early fire detection

sensors. A commenter was concerned that capabilities.

Final § 75.1103–4(a), like the installation of the sensor at an existing As discussed earlier, MSHA uses

proposal, requires that on December 31, belt drive could expose miners to risks representative cross-sectional areas

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2009 automatic fire sensor and warning when working at heights. To avoid these when determining air velocities. MSHA

device systems that use carbon risks, the commenter stated that these would not use large areas (such as belt

monoxide sensors shall provide sensors should not be installed at channels, boom holes, and fall areas)

identification of fire along all belt existing belt drives but only at belt and restricted areas (such as overcasts)

conveyors. drives installed in the future. to determine air velocities.





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Proposed § 75.1103–4(a)(1)(iv) has not requirements for carbon monoxide In making its recommendation, the

been included in the final rule. It would sensor spacing. Because point-type heat Panel examined research comparing the

have required sensors to be located sensors are no longer permitted, spacing fire detection capabilities of carbon

upwind, a distance of no greater than 50 for the devices is no longer applicable. monoxide sensors and point-type heat

feet from the point where the belt air Carbon monoxide sensors must be sensors. The Panel concluded that there

course is combined with another air added when the distance from the are inherent inadequacies with point-

course or splits into multiple air section loading point to the first outby type heat sensors for reliable early-

courses. sensor reaches 1,000 feet when air warning belt fire detection. According to

A commenter stated that the sensor velocity is at least 50 feet per minute, the Panel’s report, carbon monoxide

required under the proposal is and 350 feet if the velocity is less than sensors can detect fires at an earlier

unnecessary because it provides little 50 feet per minute. A commenter stage of fire development than point-

additional information and should be supported the proposal. type heat sensors. The Panel found the

addressed in the ventilation plan if Final § 75.1103–4(b), like the time it took for point-type heat sensors

needed. MSHA concurs that this sensor proposal, requires that sensors be to alarm during a fire was much longer

is not necessary. The Agency expects installed to minimize the possibility of than the time it took carbon monoxide

the location of the sensors required in damage from roof falls and the moving sensors to alarm. The Panel also found

the final rule will provide precise belt and its load. The sensors must be that the location and spacing of point-

information on the location of a fire in installed near the center in the upper type heat sensors relative to fire location

the belt entry. third of the entry, in a manner that does could result in fires not being detected

Final § 75.1103–4(a)(1)(iv) is new, not expose personnel working on the in a timely manner.

clarifies MSHA’s intent under the fire detection system to unsafe Research and accident investigation

proposal, and requires that the location conditions. The final rule requires that reports on fires have consistently shown

and identification of all carbon sensors not be located in abnormally that carbon monoxide sensors are

monoxide sensors be included on the high areas or in other locations where superior to point-type heat sensors.

mine maps required under existing air flow patterns do not permit products MSHA’s accident investigation report of

§§ 75.1200 and 75.1505. MSHA has of combustion to be carried to the the Dilworth mine fire (MSHA, 1992

included this clarification in response to sensors. Greene County, PA), revealed that

a comment that the location of sensors carbon monoxide sensors were superior

MSHA based this requirement on the

be on a mine map that is available to to point-type heat sensors, where both

results of NIOSH research and Agency

miners. This is consistent with the sensors were installed in the same belt

experience with carbon monoxide

existing standard related to identifying entry. The ignition source of the fire was

sensors. Data has shown that during

the location of stored SCSRs. located nearly midway between two

Final § 75.1103–4(a)(2), like the both smoldering and open combustion

heat sensors spaced at 50 feet. The fire

proposal, requires that where used, fires, the products of combustion

was detected by the carbon monoxide

sensors responding to radiation, smoke, stratify, leaving higher concentrations of

sensor located 1,400 feet downwind of

gases, or other indications of fire, shall smoke and carbon monoxide near the

the fire. The fire was extinguished by

be spaced at regular intervals to provide mine roof. Based on this, NIOSH

miners without injury and with only

protection equivalent to carbon recommended installing sensors near

little damage in the belt entry. The heat

monoxide sensors, and installed within the roof of the entry to take advantage

sensors installed along the belt did not

the time specified in this final rule. of stratification. MSHA’s experience is

detect the fire.

The final rule removes the reference that when operators do not properly

to point-type heat sensors and replaces install sensors, fire detection can be Section 75.1103–5—Automatic Fire

it with carbon monoxide sensors. As hindered or delayed. For example, Warning Devices; Actions and

stated earlier, point-type heat sensors sensors that are installed behind Response.

cannot be used for fire detection along equipment or other obstructions may Final § 75.1103–5, like the proposal,

belt conveyors. not be exposed to the products of has been retitled. It adds requirements

A commenter supported this proposal combustion contained in the air stream, for initiating warning signals and

and stated that point-type heat sensors thereby impairing their ability to responses for automating fire warning

should only be used to activate fire provide for effective fire detection. devices.

suppression systems. The final rule requires sensors to be Final § 75.1103–5(a), like the

Final § 75.1103–4(a)(3), like the installed near the center, and in the proposal, requires that when the carbon

proposal, requires that when the upper third, of the belt entry. In most monoxide level reaches 10 parts per

distance from the tailpiece at loading cases, the safest location for installing a million (ppm) above the established

points to the first outby sensor reaches sensor is from a roof bolt plate or belt ambient level at any sensor location, an

the spacing requirements in § 75.1103– hanger located beside the belt along the effective warning signal must be

4(a)(1)(iii), an additional sensor shall be walkway. This prevents miners from provided at specific locations.

installed and put in operation within 24 being exposed to hazards such as a Consistent with MSHA’s existing

production shift hours. When sensors of moving belt when calibrating or standards for a warning signal to be

the kind described in paragraph (a)(2) of examining sensors. A commenter effective, they must be located where

this section are used, they shall be supported the proposal. they can be seen or heard. MSHA

installed and put in operation within 24 The final rules, and those in experience also shows that an action

production shift hours after the §§ 75.1103–5, 75.1103–6, and 75.1103–8 level at 10 parts per million above the

equivalent distance that has been discussed below, address Panel ambient level provides an effective

established for the sensor from the Recommendation 8. The Panel warning of a fire and allows miners the

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tailpiece at loading points to the first recommended that MSHA initiate opportunity to safely evacuate the

outby sensor is first reached. rulemaking to discontinue the use of affected area.

The final rule removes the 125-foot point-type heat sensors for early- The Agency solicited comments on

spacing requirement for point-type heat warning and detection of conveyor belt the proposal. A commenter supported it.

sensors and replaces it with conforming fires in all underground coal mines. Another commenter stated that at mines





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80602 Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Rules and Regulations



not using air from the belt entry to sensors and the intended air flow The term immediately in the final rule

ventilate working sections, a warning direction at these locations to be posted means that the required actions must be

level should be given at 10 ppm and an at the manned surface location. This promptly initiated after a malfunction or

alarm at 15 ppm. The final rule is based map or schematic must be updated warning signal is received. The amount

on a NIOSH research recommendation within 24 hours of any change in of time it takes to resolve the issue

that a carbon monoxide fire warning information. depends on the occurrence. MSHA does

and withdrawal of miners be initiated at The final rule is necessary to assure not intend that the use of the term

10 ppm above the ambient level. that the location of a potential fire can immediate in the final rule be defined

Final § 75.1103–5(a)(1), like the be identified in a timely manner. With by the 15-minute immediate accident

proposal, requires effective warning the use of carbon monoxide sensors, a notification requirement in existing

signals to be provided to working fire location is identified by specific § 50.10.

sections and other work locations where sensors. The sensor locations are most Final § 75.1103–5(f), like the proposal,

miners may be endangered from a fire easily identifiable by using a map or requires specific procedures to be

in the belt entry. schematic. The air directions are needed followed if any sensor indicates a

Locations where miners may be to facilitate fire fighting activities and warning, unless the mine operator

endangered would include working evacuation in the event of a fire, determines that the signal does not

sections, areas where mechanized explosion or other emergency. present a hazard to miners.

mining equipment is being installed or A commenter stated that this For example, if the operator knows

removed, permanent work locations, information should also be on the mine that the warning signal is caused by

and other locations specified in the bulletin board so that it is available to cutting and welding or calibration of a

Mine Emergency Evacuation and miners. The final rule has been changed sensor, actions would not have to be

Firefighting Program of Instruction to specify that the location of all carbon taken. MSHA believes that actions in

required under existing § 75.1502. A monoxide sensors be included on the response to carbon monoxide

commenter supported the proposal. mine maps required under §§ 75.1200 malfunction or warning signals are

Final § 75.1103–5(a)(2), like the needed to assure that the protective

and 75.1505. These maps are available

proposal, requires that the warning early-warning capabilities of the carbon

to miners.

signal be provided at a manned surface monoxide sensor result in timely action

Final § 75.1103–5(a)(3), like the

location where personnel have an and rapid evacuation in case of

proposal, is derived from the existing

assigned post of duty. emergency.

MSHA believes that providing the standard, and has not been changed, Final § 75.1103–5(f)(1), like the

warning at a manned surface location except for the numbering. proposal, requires appropriate

will facilitate timely and effective Final §§ 75.1103–5(d) through (h), like personnel to notify miners in affected

evacuation of miners and improve the proposal, are new provisions which working sections, in affected areas

communication with mine management. specify responses required to signals where mechanized mining equipment is

This will also facilitate more effective from the automatic fire warning devices. being installed or removed, and at other

decision-making in a mine emergency They are consistent with requirements locations specified in the existing

and allow for required communication for responses to AMS signals in existing approved mine emergency evacuation

with local emergency response § 75.352 and apply to all mines using and firefighting program of instruction

personnel, appropriate state agencies, belt haulage. when a warning signal is received.

and MSHA. This is consistent with the Final §§ 75.1103–5(d), like the Commenters questioned the need for

Emergency Response Plan requirement proposal, requires that when a appropriate personnel to notify miners

in Section 2 of the MINER Act for local malfunction or warning signal is in addition to providing the automatic

communication. received at the surface location, the signal. Another commenter supported

Commenters requested clarification sensor must be identified and the proposal.

on the term ‘‘assigned post of duty’’. appropriate personnel be immediately It is necessary for appropriate

Another commenter supported the notified. Depending upon the personnel to notify miners, in addition

proposal. The term ‘‘assigned post of circumstances at the mine, appropriate to the automatic signal, to assure that

duty’’ is not new and was in a personnel may include the mine miners receive the warning and

requirement for mines using point-type foreman, mine electrician, or other withdrawal is initiated. Notification

heat sensors. It refers to the location persons responsible for maintaining the under this final standard facilitates two-

where miners are regularly assigned to sensors. way communication among those

work and are able to see or hear the Final § 75.1103–5(e), like the involved and those responsible for

warning signal. proposal, requires that upon notification addressing the emergency, and thus

Final § 75.1103–5(a)(2)(i), like the of a malfunction or warning signal, enhances successful decision-making.

proposal, retains the existing appropriate personnel must Final § 75.1103–5(f)(2), like the

requirement for having a telephone or immediately initiate an investigation to proposal, requires all miners in the

equivalent communication with all determine the cause of the malfunction affected areas to be immediately

miners who may be endangered. or warning signal and take the required withdrawn to a safe location identified

A commenter stated that the final rule action set forth in § 75.1103–5(f). The in the mine emergency evacuation and

should also recognize a PED (personal final rule requires immediate corrective firefighting program of instruction upon

emergency device) as an equivalent actions to assure that the appropriate notification of a warning signal. Under

communication. A PED is not responses are taken in case of an the final rule, miners who are assigned

equivalent to a telephone because it emergency. emergency response duties do not have

does not provide two way Commenters requested clarification to be withdrawn.

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communications, which is essential on the term immediately as used in the Commenters stated that immediate

during a mine emergency. proposal because the responses required withdrawal of all miners in affected

Final § 75.1103–5(a)(2)(ii), like the may take longer than 15 minutes to areas upon notification of a warning

proposal, is new. It requires a mine map accomplish. Another commenter signal without investigation would be a

or schematic that shows the location of supported the proposal. problem when there are false alarms.





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Another commenter supported the sensors is patrolled so the area is Section 75.1103–8—Automatic Fire

proposal. traveled each hour in its entirety. Sensor and Warning Device Systems;

Once a warning signal is received, Alternatively, a trained person must be Examination and Test Requirements

there is a significant likelihood that a stationed at each inoperative sensor to Final § 75.1103–8(a), like the

fire has occurred and, in the confined monitor for carbon monoxide. proposal, requires that automatic fire

area of an underground mine, miners Final § 75.1103–5(h)(3), like the sensor and warning device systems be

must be immediately withdrawn. proposal, requires that if the complete examined at least once each shift when

Waiting for the results of an fire detection system becomes belts are operated as part of a

investigation could put miners at risk of inoperative continued operation of the production shift, and a functional test of

being trapped by the fire. If false alarms belt is permitted if the area monitored the warning signals be made at least

are occurring, the mine operator should by these sensors is patrolled so the area once every seven days. The final rule

take action to reduce those alarms, such is traveled each hour in its entirety. does not include the term inspection

as installing diesel-discriminating or Final § 75.1103–5(h)(4), like the

hydrogen-insensitive sensors, or that was in the proposal to clarify that

proposal, requires the trained persons examination and maintenance of the

programming time delays. who conduct monitoring under the final

Final § 75.1103–5(g), like the system must be made by a qualified

rule to have two-way voice person.

proposal, requires that, if the warning communication capability at intervals

signal will be activated during Increased frequency of examinations

not to exceed 2,000 feet. The final rule and functional tests of the system better

calibration of sensors, personnel requires that persons conducting

manning the surface location must be assures that the system will effectively

monitoring must report carbon maintain its fire warning capability so

notified prior to and upon completion of monoxide levels to the surface at

calibration. The final rule is changed to that it can provide adequate warning to

intervals not to exceed one hour. miners in the event of a fire. The

require that the notification be provided

Final § 75.1103–5(h)(5), like the increased examinations will also alert

to affected working sections and other

proposal, requires that trained persons the mine operator to any damaged or

areas where miners may be endangered.

who conduct monitoring under the final missing sensors and alarm units.

This requirement is necessary so that

rule to immediately report to the surface Under the final rule, the functional

miners know that a warning signal is

any concentration of carbon monoxide test must be completed at intervals not

not a fire. This will apply only at mines

that reaches 10 parts per million above to exceed 7 days. MSHA expects the

where calibration of sensors would

the established ambient level, unless the functional test to verify that warning

cause activation of warning signals;

mine operator knows that the source of signals are effective at all locations

many sensors have a calibration mode,

the carbon monoxide does not present a where these signals are provided.

where warning signals are blocked

hazard to miners. Consistent with existing practice,

during calibration.

A commenter stated that the proposal Final § 75.1103–5(h)(6), like the MSHA expects that functional tests will

could be read to require that notice be proposal, requires that handheld include application of carbon monoxide

provided to each miner before detectors used to monitor the belt entry gas to the sensors necessary to activate

calibration of sensors can begin. under the final rule have a detection each warning signal. These functional

Another commenter supported the level equivalent to that of the carbon tests are needed to assure that the

proposal. monoxide sensors. system retains its fire warning capability

Under the proposal, MSHA did not These requirements assure that so that it will provide the proper

intend that the mine operator directly repairs are made in a timely manner so warning signal in case of emergency.

notify each miner on the section before that the fire detection system will The Agency believes that the

calibration of sensors can begin. The remain capable of warning miners of a examination requirements can be

mine operator must assure that fire in the belt entry. Otherwise, the belt integrated into required preshift and on-

appropriate personnel on the section are must be taken out of service until shift examinations under existing

notified, who will then be responsible necessary repairs are made. A §§ 75.360 and 75.362. The examinations

for informing other miners of warning commenter supported the proposal. should identify any problems with

signals caused by calibration. sensors such as improper installation,

Section 75.1103–6—Automatic Fire

Final § 75.1103–5(h), like the damaged or missing sensors, cables and

Sensors; Actuation of Fire Suppression

proposal, requires that if any fire alarm units.

Systems

detection component becomes A commenter objected to the weekly

inoperative, immediate action must be Final § 75.1103–6, like the proposal, testing requirement in the proposal.

taken to repair the component. While specifies that point-type heat sensors or Other commenters stated that presently

repairs are being made, the belt may automatic fire sensor and warning carbon monoxide sensors are tested and

continue to operate if the requirements device systems may be used to activate calibrated monthly and that increasing

in final §§ 75.1103–5(h)(1) through fire suppression systems. the frequency of testing will increase

(h)(6) are met. Although the Panel recommended maintenance costs and reduce the life of

Final § 75.1103–5(h)(1), like the discontinuing the use of point-type heat carbon monoxide sensors. These

proposal, requires that when only one sensors for fire detection, it recognized commenters also requested clarification

sensor is inoperative, continued a benefit in allowing them to be used for on whether the functional testing could

operation of the belt is permitted when activating fire suppression systems. be performed monthly.

a trained person is stationed at the Consistent with the Panel’s Commenters also requested that the

sensor and monitors the air for carbon recommendation, point-type heat Agency clarify the terms inspection and

monoxide using a hand-held detector. sensors may continue to be used to examination, which are used

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Final § 75.1103–5(h)(2), like the actuate deluge-type water systems, foam interchangeably in the proposal. These

proposal, requires that when two or generator systems, multipurpose dry- commenters also requested clarification

more adjacent sensors are inoperative, powder systems, or other equivalent on whether a functional test must be

continued operation of the belt is automatic fire suppression systems. A performed on each sensor every seven

permitted if the area monitored by these commenter supported the proposal. days and whether gas must be applied





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80604 Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Rules and Regulations



as part of the testing procedure. They time period to assure that carbon maintenance (MSHA Fatal Accident

stated that weekly testing would be monoxide sensors respond effectively Report, Aracoma, Logan County, WV,

burdensome for large mines and that and reliably in the event of a fire. The 2007). MSHA identified deficiencies in

monthly functional testing and record will provide the mine operator belt maintenance and examinations as

calibration would be sufficient. with information to make necessary root causes of the fire.

Another commenter supported the repairs and maintain the system, and MSHA believes prevention of belt

proposal, stating that it provided the will allow MSHA to verify that these fires is a critical element in improving

upkeep needed for the carbon monoxide corrective actions were taken in a timely miners’ safety, and proper maintenance

sensors to maintain their accuracy. manner. Comments supported the and examinations will reduce the

Under the final rule, the weekly proposal. likelihood of fires. Improper belt

functional test does not require carbon The final rule also makes conforming examinations can lead to uncorrected

monoxide to be applied to every sensor. changes to existing § 75.1103–10. The hazards. This can result in frictional

The purpose of the test is to determine final rule removes the reference to belt heating of combustibles in the belt

if the alarm units are working properly. that is not fire resistant and to the entry, which could cause a fire. These

Carbon monoxide only needs to be maximum distance between point-type requirements will assure that mine

applied to a sufficient number of heat sensors. No substantive changes operators will implement proper mine

sensors to activate every alarm. For were made to the existing standard. examination and maintenance

example, to satisfy this requirement, procedures and that belt examiners will

carbon monoxide could be applied to Subpart R—Miscellaneous identify and correct hazardous

only one sensor on each section to Section 75.1731—Maintenance of Belt conditions in the conveyor belt entry to

activate the alarm. Alternatively, a Conveyors and Belt Conveyor Entries improve safety of miners.

single sensor could be installed on the Existing § 75.400 addresses

surface or underground that is Final § 75.1731(a) modifies the accumulation of combustible materials,

programmed to activate all alarms in the proposal, and requires that damaged but it does not address materials in the

mine. rollers, or other damaged belt conveyor belt entry that may contribute to a

The functional test must be conducted components, which pose a fire hazard frictional heating hazard. These

at least once every seven days. The must be immediately repaired or materials may include rock, trash,

seven-day frequency is consistent with replaced. Under the final rule, all other discarded conveyor belt parts, posts,

the Agency’s existing testing procedures damaged rollers, or other damaged belt and cribs. These materials may become

for carbon monoxide sensors for all conveyor components, must be repaired potential frictional ignition sources and

mines using these sensors in lieu of or replaced. result in a belt fire. MSHA does not

point-type heat sensors. The functional Final § 75.1731(b), like the proposal, intend that these materials include rock

tests are currently being performed, requires that conveyor belts be properly dust used in the belt entry.

either as part of an approved mine aligned to prevent the moving belt from It is essential that any splices in the

ventilation plan or a granted petition for rubbing against the support structure or belt maintain the fire resistant

modification. components. properties of the belt so that the belt

Final § 75.1103–8(b), like the Final § 75.1731(c) modifies the will continue to perform as intended in

proposal, requires that the mine proposal, and prohibits materials in the the approval and it will not easily ignite

operator maintain a record of the belt conveyor entry where the material or be a source of fuel for a fire. MSHA

functional tests and keep the records for may contribute to a frictional heating recognizes the need to address splicing

a period of one year. hazard. of the belt so that the materials and

Maintaining records for one year is Final § 75.1731(d), like the proposal, processes used in splicing do not

consistent with other recordkeeping requires that splicing of any approved compromise the flame resistant

requirements, and would indicate to conveyor belt must maintain flame- properties of the belt. Because splicing

MSHA how warning signals operate resistant properties of the belt. is a belt maintenance issue, it is

over the course of a year. Like the These requirements address Panel included in this final rule.

proposal, the final rule deletes the Recommendations 1, 5, 6 and 14 A commenter stated that damaged

existing requirement that a record card regarding belt entry and conveyor belt rollers and other malfunctioning belt

of the weekly inspection of point-type maintenance. They apply to all components can result in the frictional

heat sensors be kept at each belt drive underground coal mines using belt heating of combustibles. This

since the final rule requires carbon haulage. commenter also stated that damaged

monoxide sensors. In its report, the Panel recommended rollers can be identified during the

Commenters requested that the final that MSHA rigorously enforce existing preshift examination and repaired or

rule specify where the records of standards on underground conveyor belt replaced at the beginning of the next

functional tests are to be located and maintenance and fire protection, and shift.

maintained. Under the final rule, mine improve inspection procedures. The Commenters requested clarification of

operators can determine how and where Panel also stated that MSHA should the proposed terms damaged,

records would be maintained so long as focus on required examinations of the malfunctioning, and immediately.

they are kept for a period of one year. belt lines by mine examiners to assure Commenters also objected to the

Final § 75.1103–8(c), like the each belt is kept in good working order. proposed term immediately because the

proposal, requires that carbon monoxide The Panel identified the following areas proposal did not connect the

sensors be calibrated according to for increased attention by belt requirement for immediate replacement

manufacturer’s instructions at intervals examiners: belts rubbing stands; of the damaged belt roller or

not to exceed 31 days. In addition, the damaged rollers; inadequate rock malfunctioning component with a

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final rule requires a record of sensor dusting; and accumulations of materials. hazardous condition. A commenter also

calibrations to be kept for a period of In its report, the Panel cited the noted that immediate replacement of

one year. findings of MSHA’s investigation into damaged belt rollers or malfunctioning

MSHA experience and data have the Aracoma Alma Mine No. 1 belt fire components is not always feasible or

shown this interval to be an appropriate as evidence of inadequate belt practical, and that it may be more





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appropriate for replacement to occur on was considering implementing a C. Benefits

a maintenance shift. These commenters program to evaluate splice kits. MSHA has evaluated the safety

also stated that existing regulations In response to these comments, benefits of the final rule on improved

adequately address this concern. MSHA will, at the request of approval flame-resistant conveyor belts, fire

In response to comments, the final holders or mine operators, make a prevention and detection, and approval

rule does not include the reference to suitability evaluation to determine if a of the use of air from the belt entry to

malfunctioning belt conveyor splice kit maintains flame-resistant ventilate the working sections in

components, and clarifies that properties of the belt. This approach underground coal mines. The final rule

immediate repair or replacement is only will be similar to the evaluations MSHA will implement Section 11 of the

required when damaged rollers, or other makes for stoppings and sealants. MINER Act and the recommendations of

damaged belt conveyor components, MSHA will place a list of suitable splice the Technical Study Panel (Panel) on

pose a fire hazard. All other damaged kits on the Agency’s Web site and the Utilization of Belt Air and The

rollers, or other damaged belt conveyor provide the list to interested Composition and Fire Retardant

components, must be repaired. stakeholders. Under the final rule, Properties of Belt Materials in

A commenter stated that where the splice kits which have been evaluated Underground Coal Mining.

accumulation of noncombustible by MSHA must be used when splicing The final rule on improved flame-

materials does not create an immediate Part 14 belts after December 31, 2009. resistant conveyor belts will reduce belt

fire hazard, miners should correct the entry fires in underground coal mines

condition on the next shift. IV. Regulatory Economic Analysis

and will prevent related fatalities and

Another commenter stated that the A. Executive Order 12866 injuries. From 1980 to 2007, there were

proposal was unnecessary and vague. 65 reportable belt entry fires. Almost all

Commenters wanted the terms Executive Order (E.O.) 12866 requires involved the conveyor belt itself. These

noncombustible and accumulation that regulatory agencies assess both the fires caused over two dozen injuries and

clarified, and the final rule to address costs and benefits of regulations. To three deaths—one in 1986 at the

frictional heating or ignition. These comply with E.O. 12866, MSHA has Florence No. 1 Mine, and two in 2006

commenters wanted clarification of prepared a Regulatory Economic at the Aracoma Alma No. 1 Mine. The

whether the accumulation of waste rock, Analysis (REA) for the final rule. The Technical Study Panel noted that the

rock dust, gob materials, or other REA contains supporting data and number of belt fires had decreased over

noncombustible materials would be explanation for the summary economic the past decade, but that the rate (i.e.,

prohibited. Commenters also wanted to materials presented in this preamble, number of fires per thousand mines) has

know whether an accumulation of including data on the mining industry, remained constant. The Panel also noted

noncombustible materials in a crosscut costs and benefits, feasibility, small that during this same period, although

would be prohibited. Other commenters business impacts, and paperwork. The underground coal production increased

stated that existing regulations REA is located on MSHA’s Web site at so that the number of belt fires per 100

adequately address the proposal. http://www.msha.gov/REGSINFO.HTM. million tons decreased, there was high

After reviewing all comments, the A copy of the REA can be obtained from variability from year to year. The final

final rule is changed from the proposal MSHA’s Office of Standards, rule will prevent conveyor belt fires

to require that materials not be allowed Regulations and Variances at the and, in turn, reduce accidents, injuries,

in the belt conveyor entry if the material address in the ADDRESSES section of the and deaths caused by conveyor belt

may contribute to a frictional heating preamble. fires.

hazard. Under the final rule, materials Under E.O. 12866, a significant The final rule on fire prevention and

may be stored in crosscuts or other regulatory action is one meeting any of detection and approval of the use of air

locations if they do not contribute to a a number of specified conditions, from the belt entry in underground coal

hazard. including the following: Having an mines will improve miner safety. The

Existing § 75.1725(a) contains annual effect on the economy of $100 requirements addressing maintenance of

inspection and maintenance million or more, creating a serious the belt conveyor and belt conveyor

requirements applicable to mobile and inconsistency or interfering with an entry will improve safety of miners by

stationary machinery and equipment, action of another agency, materially requiring related hazards to be

including conveyor belts. Based on its altering the budgetary impact of corrected. These hazards, known to be

experience, MSHA does not believe that entitlements or the rights of entitlement sources of belt fire ignitions, include

this standard or other existing standards recipients, or raising novel legal or damaged and missing rollers and belt

appropriately address the Panel’s policy issues. Based on the REA, MSHA misalignment. For example, the MSHA

concerns regarding potential hazards has determined that the final rule will Investigation Report of the Aracoma

resulting from inadequate examinations not have an annual effect of $100 Alma Mine No.1 fire determined that

by belt examiners and inadequate million or more on the economy and the fire occurred as a result of the

maintenance. These hazards are caused that, therefore, it is not an economically frictional heating due to a misaligned

by misalignment of the belt, damaged significant regulatory action. MSHA has belt. The final rule will also require that

rollers and other belt components, and concluded that the final rule is damaged components be repaired or

materials that may contribute to a otherwise significant because it raises replaced and that materials contributing

frictional heating hazard. novel legal or policy issues. to a frictional heating hazard not be

Several commenters asked how B. Population at Risk allowed in the belt entry.

MSHA would determine that splices The requirement to replace point-type

maintain the flame-resistant properties The final rule will apply to all heat sensors with carbon monoxide

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of the belt. During the rulemaking underground coal mines in the United sensors for fire detection along belt

process, and at the public hearings, States. As of 2007, MSHA data reveal conveyors in all underground coal

MSHA specifically raised the issue of that there were 624 underground coal mines will enhance miner safety

how the Agency should determine flame mines, employing 42,207 miners, because carbon monoxide sensors

resistance and indicated that the Agency operating in the United States. provide earlier fire detection. Earlier fire





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80606 Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Rules and Regulations



detection allows miners to better escapeway to the belt entry. If a fire including approximately $44 million for

address the problem and/or evacuate the were to occur in the belt entry, the the improved flame-resistant belts, and

area. MSHA’s research and accident primary escapeway will not become approximately $21 million for the

investigation reports indicate that contaminated with smoke and carbon remaining requirements.

carbon monoxide sensors are superior to monoxide, thus maintaining the MSHA estimates that the final rule

point-type heat sensors. For example, in integrity of the escapeway and will result in total yearly costs of

the 1992 Dilworth Mine fire, the point- providing a safe means of egress for approximately $52 million, including

type heat sensors were no more than 27 miners. approximately $100,000 in yearly costs

feet away, but the carbon monoxide The requirement for lifelines to be

to manufacturers of conveyor belts.

sensor that actually detected the fire marked with standardized tactile signals

Yearly costs will be approximately $5

was 1,400 feet downwind of the fire. will aid miners evacuating the mine

million for mine operators with fewer

Based on MSHA’s research and where visibility is obscured by smoke.

than 20 employees, approximately

experience, replacing point-type heat New standardized signals will be

$21,000 per mine for the 223 mines in

sensors with carbon monoxide sensors required to: Identify the location of

this size category. Yearly costs will be

is an improvement in early fire warning personnel doors in adjacent crosscuts

approximately $43 million for mine

detection. connected to adjacent escapeways; and

identify the location of refuge operators with 20–500 employees,

Inadequate Atmospheric Monitoring approximately $110,000 per mine for

System (AMS) operator training was alternatives. Existing signals for

direction of travel and SCSR storage the 391 mines in this size category.

identified as a contributing factor in the Yearly costs will be approximately $4

two fatalities in the Aracoma fire. locations will also be standardized.

Standardization will allow for uniform million for mine operators with more

Accident investigators found all miners than 500 employees, approximately

assigned the duties of an AMS operator understanding of the signals so that

miners who transfer between mines will $410,000 per mine for the 10 mines in

at this mine needed additional training this size category.

to properly respond to alert, alarm, and not need to learn new signal systems,

and will reduce the possibility of The $52 million in yearly costs

malfunction signals generated by the

confusion, delay, or injury during an consist of approximately: $40.4 million

AMS. The requirement for AMS

emergency. for improved flame-resistant conveyor

operator training will improve safety for

belt; $6.3 million for installation and

miners by assuring that AMS operators D. Compliance Costs 1

maintenance of carbon monoxide

will have the knowledge to respond MSHA estimated the first year costs sensors in all underground coal mines;

properly to AMS signals. The training of and the yearly costs of the final rule. $3.5 million for improved maintenance

miners as AMS operators will assure MSHA estimated costs to mine of conveyor belts and conveyor belt

that MSHA has oversight in the operators for the following entries; $1 million for AMS operator

development and approval of the task requirements: Improved flame-resistant duties; $150,000 for standardized

training, and annual retraining conveyor belt; installation and lifeline signals; and $73,000 for other

requirements will assure that AMS maintenance of carbon monoxide provisions mentioned above.

operators retain knowledge and training sensors in all underground coal mines;

needed to perform specific duties and improved maintenance of conveyor MSHA estimates the yearly cost for

responsibilities. These training belts and conveyor belt entries; AMS smoke sensors to be approximately

requirements will also assure that AMS operator duties; standardized lifeline $460,000; however, this amount is based

operators are familiar with underground signals; installation of airlocks along on the cost of existing smoke sensors

mining systems such as coal haulage, escapeways; maintaining higher and may not reflect their actual cost

transportation, ventilation, and escape pressure in the escapeway than the belt when approved for underground mine

facilities. entry; and an additional sensor and use. Therefore, this cost is not included

The requirement for a higher alarm unit on point-feed regulators in in the yearly costs of the final rule.

ventilating pressure in the primary mines using air from the belt entry. Table 1 is a summary of the

escapeway than the belt entry will MSHA estimates total first year costs approximate yearly costs of the final

assure that air leakage moves from this will be approximately $65 million, rule by mine size and requirement.



TABLE 1

Final provisions 1–19 employees 20–500 employees 501+ employees Total



Improved Flame Resistant Belt ......................... $3.3 million ................ $33.4 million .............. $3.8 million ................ $40.4 million.

Improved Flame Resistant Belt (Manufacturers) n/a ............................. n/a ............................. n/a ............................. $100,000.

CO Sensors ....................................................... $660,000 ................... $5.5 million ................ $180,000 ................... $6.3 million.

Maintenance of belts and belt entries ............... $750,000 ................... $2.6 million ................ $130,000 ................... $3.5 million.

AMS Operator duties ......................................... $57,000 ..................... $960,000 ................... $29,000 ..................... $1 million.

Lifeline signals ................................................... $16,000 ..................... $130,000 ................... $7,300 ....................... $150,000.

Other provisions ................................................. $1,500 ....................... $64,000 ..................... $7,800 ....................... $73,000.



Total ............................................................ $5 million ................... $43 million ................. $4 million ................... $52 million.

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1 All costs have been rounded; therefore, some



total costs may deviate slightly from the sum of

individual costs.



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V. Feasibility publishing that definition in the Federal tons for mines with fewer than 20

MSHA has concluded that the Register for notice and comment. MSHA employees. Using the 2007 price of

requirements of the final rule will be has not established an alternative underground coal of $40.29 per ton,

both technologically and economically definition and is required to use the MSHA estimates that underground coal

feasible. SBA definition. The SBA defines a revenue was approximately $310

small entity in the mining industry as million for mines with fewer than 20

A. Technological Feasibility an establishment with 500 or fewer employees. The yearly cost of the final

The final rule does not involve employees. rule for mines with fewer than 20

activities on the frontiers of scientific MSHA has also examined the impact employees is estimated to be $4.7

knowledge. Aside from final of the final rule on underground coal million, or approximately $22,000 per

§ 75.351(e)(2), compliance with the mines with fewer than 20 employees, mine. This is equal to approximately

provisions of the final rule is which MSHA has traditionally referred 1.53 percent of annual revenue.

technologically feasible because the to as ‘‘small mines.’’ These small mines

The Agency has provided, in the REA

materials, equipment, and methods for differ from larger mines not only in the

accompanying the final rule, a complete

implementing these requirements number of employees, but also in

analysis of the cost impact on this

currently exist. economies of scale in material

category of mines. MSHA estimates that

Final section 75.351(e)(2) will require produced, in the type and amount of

some mines might experience costs

mines that use air from the belt entry to production equipment, and in supply

somewhat higher than the average per

ventilate working sections to install inventory. Therefore, the cost of

mine in its size category while others

smoke sensors one year after approval complying with MSHA’s final rule and

might experience lower costs. Even

for use in underground coal mines. At the impact of the final rule on small

though the analysis reflects a range of

the current time, smoke sensors are not mines will also be different.

This analysis complies with the legal impacts for different mine sizes, from

technologically feasible because these 0.42 to 1.53 percent of annual revenue,

sensors are not reliable for use in requirements of the RFA for an analysis

of the impact on ‘‘small entities’’ while as noted above, MSHA has certified that

underground coal mining. MSHA will the final rule will not have a significant

notify the public when smoke sensors continuing MSHA’s traditional concern

for ‘‘small mines.’’ impact on a substantial number of small

are approved for use in underground mining entities, as defined by SBA.

coal mining and become available. B. Factual Basis for Certification

VII. Paperwork Reduction Act

B. Economic Feasibility MSHA initially evaluates the impact

The yearly compliance cost of the on small entities by comparing the A. Summary

final rule will be approximately $51.5 estimated compliance cost of a rule for

small entities in the sector affected by The information collection package

million for underground coal mines, for the final rule has been assigned OMB

which is 0.37 percent of annual revenue the rule to the estimated revenue of the

affected sector. When the estimated Control Number 1219–0145. The final

of $14.0 billion for all underground coal rule contains information collection

mines. MSHA concludes that the final compliance cost is less than one percent

of the estimated revenue, the Agency requirements (ICR) that will affect

rule will be economically feasible for requirements in existing paperwork

these mines because the total yearly believes it is generally appropriate to

conclude that the rule will not have a packages with OMB Control Numbers

compliance cost is below one percent of 1219–0009, 1219–0054, 1219–0066,

the estimated annual revenue for all significant economic impact on a

substantial number of small entities. 1219–0073, and 1219–0088. The

underground coal mines. requirement for AMS operator training

When the estimated compliance cost

VI. Regulatory Flexibility Act and exceeds one percent of revenue, MSHA will modify ICR 1219–0009. The

Small Business Regulatory Enforcement investigates whether further analysis is requirements for fire protection will

Fairness Act required. modify ICR 1219–0054. The

Total underground coal production in requirements that affect the information

Under the Regulatory Flexibility Act

2007 was approximately 278 million collected for approval of flame-resistant

(RFA) of 1980, as amended by the Small

tons for mines with 500 or fewer conveyor belts will modify ICR 1219–

Business Regulatory Enforcement

employees. Using the 2007 price of 0066. The requirements to amend the

Fairness Act (SBREFA), MSHA has

underground coal of $40.29 per ton, mine map will modify ICR 1219–0073.

analyzed the impact of the final rule on

MSHA estimates that underground coal The requirements that affect the

small entities. Based on that analysis,

revenue was approximately $11.2 information contained in the ventilation

MSHA has notified the Chief Counsel

billion for mines with 500 or fewer plan for underground coal mines will

for Advocacy, Small Business

employees. The yearly cost of the final modify ICR 1219–0088.

Administration (SBA), and made the

certification under the RFA at 5 U.S.C. rule for mines with 500 or fewer In the first year that the final rule is

605(b) that the final rule will not have employees is estimated to be in effect, mine operators will incur

a significant economic impact on a approximately $47.4 million, or 3,344 burden hours with related costs of

substantial number of small entities. approximately $77,000 per mine. This is approximately $240,000. Annually,

The factual basis for this certification is equal to approximately 0.42 percent of starting in the second year that the final

in the REA and summarized below. annual revenue. Since the yearly cost of rule is in effect, mine operators will

the final rule is less than one percent of incur 2,350 burden hours with related

A. Definition of a Small Mine annual revenues for small underground costs of approximately $180,000. In

Under the RFA, in analyzing the coal mines, as defined by SBA, MSHA addition, conveyor belt manufacturers

impact of the final rule on small has certified that the final rule will not will incur 540 burden hours and related

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entities, MSHA must use the SBA have a significant impact on a costs of $27,000 in the first year that the

definition for a small entity, or after substantial number of small mining final rule is in effect; 270 burden hours

consultation with the SBA Office of entities, as defined by SBA. and related costs of $13,500 in the

Advocacy, establish an alternative Total underground coal production in second year that the final rule is in

definition for the mining industry by 2007 was approximately 7.7 million effect; and 170 burden hours and related





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80608 Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Rules and Regulations



costs of $8,500 in the third year that the Unfunded Mandates Reform Act of 1995 Indian tribes, or on the distribution of

final rule is in effect. requires no further agency action or power and responsibilities between the

Final § 14.7, which requires approval analysis. Federal government and Indian tribes.’’

holders to retain initial sales records of Accordingly, Executive Order 13175

B. Treasury and General Government

conveyor belts, is considered by MSHA requires no further agency action or

Appropriations Act of 1999: Assessment

to be an information collection analysis.

of Federal Regulations and Policies on

requirement that does not result in a

Families H. Executive Order 13211: Actions

paperwork burden because it is

The final rule will have no effect on Concerning Regulations That

considered a part of normal business

family well-being or stability, marital Significantly Affect Energy Supply,

practices.

commitment, parental rights or Distribution, or Use

For a summary of the burden hours

and related costs by final provision, see authority, or income or poverty of The final rule has been reviewed for

the REA accompanying the final rule. families and children. Accordingly, its impact on the supply, distribution,

The REA is posted on MSHA’s Web site § 654 of the Treasury and General and use of energy because it applies to

at http://www.msha.gov/ Government Appropriations Act of 1999 the coal mining industry. Because the

REGSINFO.HTM. A copy of the REA can (5 U.S.C. 601 note) requires no further final rule will result in yearly costs of

be obtained from MSHA’s Office of agency action, analysis, or assessment. approximately $51.5 million to the

Standards, Regulations, and Variances C. Executive Order 12630: Government underground coal mining industry,

at the address provided in the Actions and Interference With relative to annual revenues of $14.0

ADDRESSES section of this preamble. billion in 2007, the final rule is not a

Constitutionally Protected Property

B. Procedural Details Rights ‘‘significant energy action’’ because it is

not ‘‘likely to have a significant adverse

The information collection package, The final rule will not implement a

effect on the supply, distribution, or use

OMB Control Number 1219–0145, has policy with takings implications.

of energy * * * (including a shortfall in

been submitted to OMB for review Accordingly, Executive Order 12630

supply, price increases, and increased

under 44 U.S.C. 3504, paragraph (h) of requires no further agency action or

use of foreign supplies).’’ Accordingly,

the Paperwork Reduction Act of 1995, analysis.

Executive Order 13211 requires no

as amended. A copy of the information D. Executive Order 12988: Civil Justice further Agency action or analysis.

collection package can be obtained from Reform

the Department of Labor by electronic I. Executive Order 13272: Proper

mail request to king.darrin@dol.gov or The final rule was written to provide Consideration of Small Entities in

by phone request to 202–693–4129. a clear legal standard for affected Agency Rulemaking

Paperwork requirements contained in conduct and was carefully reviewed to

eliminate drafting errors and MSHA has reviewed the final rule to

proposed §§ 14.4(b) and 75.350(b)

ambiguities, so as to minimize litigation assess and take appropriate account of

received comments. A commenter stated

and undue burden on the Federal court its potential impact on small businesses,

that the actual formulation data required

system. Accordingly, the final rule small governmental jurisdictions, and

to be submitted to MSHA under

meets the applicable standards provided small organizations. MSHA has

proposed § 14.4(b) is more extensive

in § 3 of Executive Order 12988. determined and certified that the final

than currently required and is not

rule will not have a significant

needed since approval is based solely E. Executive Order 13045: Protection of economic impact on a substantial

on the BELT results. Another Children From Environmental Health number of small entities.

commenter stated that proposed Risks and Safety Risks

§ 14.4(b)(4) was confusing. Other IX. Final Rule

commenters also were concerned with The final rule will have no adverse

impact on children. Accordingly, List of Subjects

proposed provision § 75.350(b) that set

out additional requirements to be Executive Order 13045 requires no 30 CFR Part 6

included in the mine ventilation plan. further agency action or analysis.

These comments are addressed in F. Executive Order 13132: Federalism Testing and evaluation by

earlier sections of this preamble and in independent laboratories and non-

The final rule will not have MSHA product safety standards, Mine

the information collection package

‘‘federalism implications’’ because it safety and health.

supporting this final rule (OMB control

will not ‘‘have substantial direct effects

number 1219–0145). 30 CFR Part 14

on the States, on the relationship

VIII. Other Regulatory Considerations between the national government and Approval of equipment, Mine safety

the States, or on the distribution of and health, Underground mining.

A. The Unfunded Mandates Reform Act

power and responsibilities among the

of 1995 30 CFR Part 18

various levels of government.’’

MSHA has reviewed the final rule Accordingly, Executive Order 13132

under the Unfunded Mandates Reform Electric motor-driven mine equipment

requires no further agency action or

Act of 1995 (2 U.S.C. 1501 et seq.). and accessories, Mine safety and health.

analysis.

MSHA has determined that the final 30 CFR Part 48

rule will not include any Federal G. Executive Order 13175: Consultation

mandate that may result in increased and Coordination With Indian Tribal Training and retraining of miners,

expenditures by State, local, or tribal Governments Mine safety and health.

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governments; and it will not increase The final rule will not have ‘‘tribal 30 CFR Part 75

private sector expenditures by more implications’’ because it will not ‘‘have

than $100 million in any one year or substantial direct effects on one or more Mandatory safety standards—

significantly or uniquely affect small Indian tribes, on the relationship Underground coal mines, Mine safety

governments. Accordingly, the between the Federal government and and health, Recordkeeping.





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Dated: November 18, 2008. 14.8 Quality assurance. tests and evaluations conducted under

Richard E. Stickler, 14.9 Disclosure of information. this Part. However, if MSHA receives a

Acting Assistant Secretary for Mine Safety 14.10 Post-approval product audit. request from others to observe tests, the

and Health. 14.11 Revocation. Agency will consider it.

■ For the reasons set out in the Subpart B—Technical Requirements

§ 14.4 Application procedures and

preamble, and under the authority of the 14.20 Flame resistance. requirements.

Federal Mine Safety and Health Act of 14.21 Laboratory-scale flame test apparatus.

14.22 Test for flame resistance of conveyor (a) Application address. Applications

1977 as amended by the Mine

belts. for approvals or extensions of approval

Improvement and New Emergency

14.23 New technology. under this Part may be sent to: U.S.

Response Act of 2006, MSHA is

amending chapter I of title 30 of the Authority: 30 U.S.C. 957.

Department of Labor, Mine Safety and

Code of Federal Regulations as follows: Health Administration, Chief, Approval

Subpart A—General Provisions and Certification Center, 765

PART 6—TESTING AND EVALUATION Technology Drive, Triadelphia, West

BY INDEPENDENT LABORATORIES § 14.1 Purpose, effective date for approval Virginia 26059. Alternatively,

holders. applications for approval or extensions

AND NON-MSHA PRODUCT SAFETY

STANDARDS This Part establishes the flame of approval may be filed online at

resistance requirements for MSHA http://www.msha.gov or faxed to: Chief,

■ 1. The authority citation for part 6 approval of conveyor belts for use in Mine Safety and Health Administration

continues to read as follows: underground coal mines. Applications Approval and Certification Center at

Authority: 30 U.S.C. 957. for approval or extensions of approval 304–547–2044.

submitted after December 31, 2008, (b) Approval application. Each

■ 2. Amend § 6.2 by revising the must meet the requirements of this Part. application for approval of a conveyor

definition of ‘‘Equivalent non-MSHA

belt for use in underground coal mines

product safety standards’’ to read as § 14.2 Definitions.

must include the information below,

follows: The following definitions apply in except any information submitted in a

§ 6.2 Definitions. this part: prior approval application need not be

Applicant. An individual or re-submitted, but must be noted in the

* * * * *

Equivalent non-MSHA product safety organization that manufactures or application.

standards. A non-MSHA product safety controls the production of a conveyor (1) A technical description of the

standard, or group of standards, belt and applies to MSHA for approval conveyor belt, which includes:

determined by MSHA to provide at least of conveyor belt for use in underground (i) Trade name or identification

the same degree of protection as the coal mines. number;

applicable MSHA product approval Approval. A document issued by (ii) Cover compound type and

requirements in parts 14, 18, 19, 20, 22, MSHA, which states that a conveyor designation number;

23, 27, 33, 35, and 36, or which in belt has met the requirements of this (iii) Belt thickness and thickness of

modified form provide at least the same Part and which authorizes an approval top and bottom covers;

degree of protection. marking identifying the conveyor belt as (iv) Presence and type of skim coat;

approved. (v) Presence and type of friction coat;

* * * * *

Extension of approval. A document (vi) Carcass construction (number of

■ 3. Amend § 6.20 to revise paragraph

issued by MSHA, which states that a plies, solid woven);

(a)(1) to read as follows: change to a product previously (vii) Carcass fabric by textile type and

§ 6.20 MSHA acceptance of equivalent approved by MSHA meets the weight (ounces per square yard);

non-MSHA product safety standards. requirements of this Part and which (viii) Presence and type of breaker or

(a) * * * authorizes the continued use of the floated ply; and

(1) Provide at least the same degree of approval marking after the appropriate (ix) The number, type, and size of

protection as MSHA’s product approval extension number has been added. cords and fabric for metal cord belts.

requirements in parts 14, 18, 19, 20, 33, Flame-retardant ingredient. A (2) The name, address, and telephone

35 and 36 of this chapter; or material that inhibits ignition or flame number of the applicant’s representative

* * * * * propagation. responsible for answering any questions

Flammable ingredient. A material that regarding the application.

■ 4. Add new Part 14 to subchapter B

is capable of combustion. (c) Similar belts and extensions of

chapter I, title 30 of Code of Federal approval may be evaluated for approval

Inert ingredient. A material that does

Regulations to read as follows: without testing using the BELT method

not contribute to combustion.

PART 14—REQUIREMENTS FOR THE Post-approval product audit. An if the following information is provided

APPROVAL OF FLAME-RESISTANT examination, testing, or both, by MSHA in the application:

CONVEYOR BELTS of an approved conveyor belt selected (1) Formulation information on the

by MSHA to determine if it meets the compounds in the conveyor belt

Subpart A—General Provisions technical requirements and has been indicated by either:

Sec. manufactured as approved. (i) Specifying each ingredient by its

14.1 Purpose and effective date for approval Similar conveyor belt. A conveyor belt chemical name along with its

holders. that shares the same cover compound, percentage (weight) and tolerance or

14.2 Definitions. general carcass construction, and fabric percentage range; or

14.3 Observers at tests and evaluations. (ii) Specifying each flame-retardant

14.4 Application procedures and

type as another approved conveyor belt.

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ingredient by its chemical or generic

requirements. § 14.3 Observers at tests and evaluations.

14.5 Test samples. name with its percentage and tolerance

14.6 Issuance of approval. Representatives of the applicant and or percentage range or its minimum

14.7 Approval marking and distribution other persons agreed upon by MSHA percent. List each flammable ingredient

records. and the applicant may be present during and inert ingredient by chemical,





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generic, or trade name along with the § 14.7 Approval marking and distribution § 14.9 Disclosure of information.

total percentage of all flammable and records. (a) All proprietary information

inert ingredients. (a) An approved conveyor belt must concerning product specifications and

(2) Identification of any similar be marketed only under the name performance submitted to MSHA by the

approved conveyor belt for which the specified in the approval. applicant will be protected.

applicant already holds an approval, (b) Approved conveyor belt must be (b) MSHA will notify the applicant or

and the formulation specifications for legibly and permanently marked with approval holder of requests for

that belt if it has not previously been the assigned MSHA approval number disclosure of information concerning its

submitted to the Agency. for the service life of the product. The conveyor belts, and provide an

approval marking must be at least 1⁄2 opportunity to present its position prior

(i) The MSHA assigned approval

inch (1.27 cm) high, placed at intervals to any decision on disclosure.

number of the conveyor belt that most

not to exceed 60 feet (18.3 m) and

closely resembles the new one; and § 14.10 Post-approval product audit.

repeated at least once every foot (0.3 m)

(ii) An explanation of any changes across the width of the belt. (a) Approved conveyor belts will be

from the existing approval. (c) Where the construction of a subject to periodic audits by MSHA to

(d) Extension of approval. Any change conveyor belt does not permit marking determine conformity with the technical

in an approved conveyor belt from the as prescribed above, other permanent requirements upon which the approval

documentation on file at MSHA that marking may be accepted by MSHA. was based. MSHA will select an

affects the technical requirements of this (d) Applicants granted approval must approved conveyor belt to be audited;

Part must be submitted for approval maintain records of the initial sale of the selected belt will be representative

prior to implementing the change. Each each belt having an approval marking. of that distributed for use in mines.

application for an extension of approval The records must be retained for at least Upon request to MSHA, the approval

must include: 5 years following the initial sale. holder may obtain any final report

resulting from the audit.

(1) The MSHA-assigned approval § 14.8 Quality assurance. (b) No more than once a year, except

number for the conveyor belt for which for cause, the approval holder, at

the extension is sought; Applicants granted an approval or an

extension of approval under this Part MSHA’s request, must make 3 samples

(2) A description of the proposed must: of an approved conveyor belt of the size

change to the conveyor belt; and (a) In order to assure that the finished specified in § 14.5 available at no cost

(3) The name, address, and telephone conveyor belt will meet the flame- to MSHA for an audit. If a product is not

number of the applicant’s representative resistance test— available because it is not currently in

responsible for answering any questions (1) Flame test a sample of each batch, production, the manufacturer will notify

regarding the application. lot, or slab of conveyor belts; or MSHA when it is available.

(2) Flame test or inspect a sample of Representatives of the applicant and

(e) MSHA will determine if testing,

each batch or lot of the materials that other persons agreed upon by MSHA

additional information, samples, or

contribute to the flame-resistance and the applicant may be present during

material is required to evaluate an

characteristic. audit tests and evaluations. MSHA will

application. If the applicant believes

(b) Calibrate instruments used for the also consider requests by others to

that flame testing is not required, a

inspection and testing in paragraph (a) observe tests.

statement explaining the rationale must

of this section according to the (c) A conveyor belt will be subject to

be included in the application.

instrument manufacturer’s audit for cause at any time MSHA

(f) Equivalent non-MSHA product believes the approval holder product is

safety standard. An applicant may specifications. Instruments must be

calibrated using standards set by the not in compliance with the technical

request an equivalency determination to requirements of the approval.

this part under § 6.20 of this chapter, for National Institute of Standards and

a non-MSHA product safety standard. Technology, U.S. Department of § 14.11 Revocation.

Commerce or other nationally or (a) MSHA may revoke for cause an

(g) Fees. Fees calculated in internationally recognized standards.

accordance with Part 5 of this chapter approval issued under this Part if the

The instruments used must be accurate conveyor belt—

must be submitted in accordance with to at least one significant figure beyond

§ 5.40. (1) Fails to meet the technical

the desired accuracy. requirements; or

§ 14.5 Test samples. (c) Control production so that the (2) Creates a danger or hazard when

conveyor belt is manufactured in used in a mine.

Upon request by MSHA, the applicant accordance with the approval (b) Prior to revoking an approval, the

must submit 3 precut, unrolled, flat document. If a third party is assembling approval holder will be informed in

conveyor belt samples for flame testing. or manufacturing all or part of an writing of MSHA’s intention to revoke.

Each sample must be 60 ± 1⁄4 inches approved belt, the approval holder shall The notice will—

long (152.4 ± 0.6 cm) by 9 ± 1⁄8 inches assure that the product is manufactured (1) Explain the reasons for the

(22.9 ± 0.3 cm) wide. as approved. proposed revocation; and

§ 14.6 Issuance of approval. (d) Immediately notify the MSHA (2) Provide the approval holder an

Approval and Certification Center of opportunity to demonstrate or achieve

(a) MSHA will issue an approval or any information that a conveyor belt has compliance with the product approval

notice of the reasons for denying been distributed that does not meet the requirements.

approval after completing the evaluation specifications of the approval. This (c) Upon request to MSHA, the

and testing provided in this part.

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notification must include a description approval holder will be given the

(b) An applicant must not advertise or of the nature and extent of the problem, opportunity for a hearing.

otherwise represent a conveyor belt as the locations where the conveyor belt (d) If a conveyor belt poses an

approved until MSHA has issued an has been distributed, and the approval imminent danger to the safety or health

approval. holder’s plans for corrective action. of miners, an approval may be





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immediately suspended without written § 14.22 Test for flame resistance of (8) With the burner lowered away

notice of the Agency’s intention to conveyor belts. from the sample, set the gas flow at 1.2

revoke. (a) Test procedures. The test must be ± 0.1 standard cubic feet per minute

conducted in the following sequence (SCFM) (34 ± 2.8 liters per minute) and

Subpart B—Technical Requirements using a flame test apparatus meeting the then ignite the gas burner. Maintain the

specifications of § 14.21: gas flow to the burner throughout the 5

§ 14.20 Flame resistance.

(1) Lay three samples of the belt, 60 to 5.1 minute ignition period;

Conveyor belts for use in ± 1⁄4 inches (152.4 ± 0.6 cm) long by 9

underground coal mines must be flame- (9) After applying the burner flame to

± 1⁄8 inches (22.9 ± 0.3 cm) wide, flat at the front edge of the sample for a 5 to

resistant and: a temperature of 70 ± 10° Fahrenheit (21

(a) Tested in accordance with § 14.22 5.1 minute ignition period, lower the

± 5° Centigrade) for at least 24 hours burner away from the sample and

of this part; or prior to the test;

(b) Tested in accordance with an extinguish the burner flame;

(2) For each of three tests, place one (10) After completion of each test,

alternate test determined by MSHA to belt sample with the load-carrying

be equivalent under 30 CFR §§ 6.20 and determine the undamaged portion

surface facing up on the rails of the rack across the entire width of the sample.

14.4(e). so that the sample extends 1 ± 1⁄8 inch

Blistering without charring does not

§ 14.21 Laboratory-scale flame test (2.5 ± 0.3 cm) beyond the front of the

constitute damage.

apparatus. rails and 1 ± 1⁄8 inch (2.5 ± 0.3 cm) from

(b) Acceptable performance. Each

The principal parts of the apparatus the outer lengthwise edge of each rail;

(3) Fasten the sample to the rails of tested sample must exhibit an

used to test for flame resistance of undamaged portion across its entire

conveyor belts are as follows— the rack with steel washers and cotter

pins. The cotter pins shall extend at width.

(a) A horizontal test chamber 66

least 3⁄4 inch (1.9 cm) below the rails. (c) MSHA may modify the procedures

inches (167.6 cm) long by 18 inches

Equivalent fasteners may be used. Make of the flammability test for belts

(45.7 cm) square (inside dimensions)

a series of 5 holes approximately 9⁄32 constructed of thicknesses more than 3⁄4

constructed from 1 inch (2.5 cm) thick

inch (0.7 cm) in diameter along both inch (1.9 cm).

Marinite I®, or equivalent insulating

material. edges of the belt sample, starting at the § 14.23 New technology.

(b) A 16-gauge (0.16 cm) stainless first rail hole within 2 inches (5.1 cm)

MSHA may approve a conveyor belt

steel duct section which tapers over a from the front edge of the sample. Make

that incorporates technology for which

length of at least 24 inches (61 cm) from the next hole 5 ± 1⁄4 inches (12.7 ± 0.6

the requirements of this part are not

a 20 inch (51 cm) square cross-sectional cm) from the first, the third hole 5 ± 1⁄4

applicable if the Agency determines that

area at the test chamber connection to inches (12.7 ± 0.6 cm) from the second,

the conveyor belt is as safe as those

a 12 inch (30.5 cm) diameter exhaust the fourth hole approximately midway

which meet the requirements of this

duct, or equivalent. The interior surface along the length of the sample, and the

part.

of the tapered duct section must be fifth hole near the end of the sample.

lined with 1⁄2 inch (1.27 cm) thick After placing a washer over each sample PART 18—ELECTRIC MOTOR-DRIVEN

ceramic blanket insulation, or hole, insert a cotter pin through the hole MINE EQUIPMENT AND

equivalent insulating material. The and spread it apart to secure the sample ACCESSORIES

tapered duct must be tightly connected to the rail;

to the test chamber. (4) Center the rack and sample in the ■ 5. The authority citation for Part 18

(c) A U-shaped gas-fueled impinged test chamber with the front end of the continues to read as follows:

jet burner ignition source, measuring 12 sample 6 ± 1⁄2 inches (15.2 ± 1.27 cm)

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

inches (30.5 cm) long and 4 inches (10.2 from the entrance;

cm) wide, with two parallel rows of 6 (5) Measure the airflow with a 4-inch § 18.1 [Amended]

jets each. Each jet is spaced alternately (10.2 cm) diameter vane anemometer, or

along the U-shaped burner tube. The 2 an equivalent device, placed on the ■ 6. Section 18.1 is amended by revising

rows of jets are slanted so that they centerline of the belt sample 12 ± 1⁄2 the phrase ‘‘hoses and conveyor belts’’

point toward each other and the flame inches (30.5 ± 1.27 cm) from the to read ‘‘hoses’’.

from each jet impinges upon each other chamber entrance. Adjust the airflow § 18.2 [Amended]

in pairs. The burner fuel must be at least passing through the chamber to 200 ± 20

98 percent methane (technical grade) or ft/min (61 ± 6 m/min); ■ 7. Section 18.2 is amended by revising

natural gas containing at least 96 (6) Before starting the test on each the phrase ‘‘hose or conveyor belt’’ to

percent combustible gases, which sample, the inner surface temperature of read ‘‘hose’’ in the definitions of

includes not less than 93 percent the chamber roof measured at points 6 ‘‘Acceptance’’, ‘‘Acceptance Marking’’,

methane. ± 1⁄2, 30 ± 1⁄2, and 60 ± 1⁄2 inches (15.2 and ‘‘Applicant’’ and removing the

(d) A removable steel rack, consisting ± 1.27, 76.2 ± 1.27, and 152.4 ± 1.27 cm) definition for ‘‘Fire-resistant’’.

of 2 parallel rails and supports that form from the front entrance of the chamber § 18.6 [Amended]

a 7 ± 1⁄8 inches (17.8 ± 0.3 cm) wide by must not exceed 95° Fahrenheit (35°

60 ± 1⁄8 inches (152.4 ± 0.3 cm) long Centigrade) at any of these points with ■ 8. Section 18.6(a)(1) is amended by

assembly to hold a belt sample. the specified airflow passing through revising the phrase ‘‘hose or conveyor

(1) The 2 parallel rails, with a 5 ± 1⁄8 the chamber. The temperature of the air belt’’ to read ‘‘hose’’.

inches (12.7 ± 0.3 cm) space between entering the chamber during the test on ■ 9. Section 18.6(c) is removed and

them, comprise the top of the rack. The each sample must not be less than 50° reserved.

rails and supports must be constructed Fahrenheit (10° Centigrade); ■ 10. Section 18.6(i) is amended by

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of slotted angle iron with holes along (7) Center the burner in front of the revising the phrase ‘‘hose or conveyor

the top surface. sample’s leading edge with the plane, belt’’ to read ‘‘hose’’ and removing the

(2) The top surface of the rack must defined by the tips of the burner jets, 3⁄4 words ‘‘conveyor belt—a sample of each

be 8 ± 1⁄8 inches (20.3 ± 0.3 cm) from ± 1⁄8 inch (1.9 ± 0.3 cm) from the front type 8 inches long cut across the entire

the inside roof of the test chamber. edge of the belt; width of the belt’’.





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§ 18.9 [Amended] he/she is qualified to perform in the point where belt air is mixed with air

■ 11. Section 18.9(a) is amended by assigned position. from another intake air course near the

revising the phrase ‘‘hose or conveyor loading point. The DA must be specified

Subpart D—Ventilation and approved in the ventilation plan.

belt’’ to read ‘‘hose’’.

■ 17. In § 75.333, paragraph (c)(4) is * * * * *

§ 18.65 [Amended] (7) The air velocity in the belt entry

added to read as follows:

■ 12. Section 18.65 is amended by must be at least 100 feet per minute.

revising the section heading to read § 75.333 Ventilation controls. When requested by the mine operator,

‘‘Flame test of hose’’ and by removing * * * * * the district manager may approve lower

and reserving paragraph (a)(1) and (c) * * * velocities in the ventilation plan based

removing and reserving paragraph (f)(1). (4) An airlock shall be established on specific mine conditions.

where the air pressure differential (8) The air velocity in the belt entry

PART 48—TRAINING AND between air courses creates a static force must not exceed 1,000 feet per minute.

RETRAINING OF MINERS exceeding 125 pounds on closed When requested by the mine operator,

personnel doors along escapeways. the district manager may approve higher

■ 13. The authority citation for Part 48 * * * * * velocities in the ventilation plan based

continues to read as follows: on specific mine conditions.

■ 18. In § 75.350, paragraphs (a)(2), (b)

Authority: 30 U.S.C. 811, 825. introductory text, (b)(3), and (d)(1) are * * * * *

revised, and (b)(7) and (b)(8) are added (d) * * *

Subpart B—Training and Retraining of to read as follows: (1) The air current that will pass

Miners Working at Surface Mines and through the point-feed regulator must be

Surface Areas of Underground Mines § 75.350 Belt air course ventilation. monitored for carbon monoxide or

(a) * * * smoke at a point within 50 feet upwind

■ 14. Amend § 48.27 to revise the first (1) * * * of the point-feed regulator. A second

sentence in paragraph (a) introductory (2) Effective December 31, 2009, the point must be monitored 1,000 feet

text to read as follows: air velocity in the belt entry must be at upwind of the point-feed regulator

least 50 feet per minute. When unless the mine operator requests that a

§ 48.27 Training of miners assigned to a

task in which they have had no previous requested by the mine operator, the lesser distance be approved by the

experience; minimum courses of district manager may approve lower district manager in the mine ventilation

instruction. velocities in the ventilation plan based plan based on mine specific conditions;

on specific mine conditions. Air * * * * *

(a) Miners assigned to new work tasks

velocities must be compatible with all ■ 19. Paragraph (b)(2), (e), and (q) of

as mobile equipment operators, drilling

fire detection systems and fire § 75.351 are revised to read as follows:

machine operators, haulage and

suppression systems used in the belt

conveyor systems operators, ground

entry. § 75.351 Atmospheric monitoring systems.

control machine operators, AMS

(b) The use of air from a belt air * * * * *

operators, and those in blasting

course to ventilate a working section, or (b) * * *

operations shall not perform new work

an area where mechanized mining (2) The mine operator must designate

tasks in these categories until training

equipment is being installed or an AMS operator to monitor and

prescribed in this paragraph and

removed, shall be permitted only when promptly respond to all AMS signals.

paragraph (b) of this section has been

evaluated and approved by the district The AMS operator must have as a

completed.* * *

manager in the mine ventilation plan. primary duty the responsibility to

* * * * * The mine operator must provide monitor the malfunction, alert and

justification in the plan that the use of alarm signals of the AMS, and to notify

PART 75—MANDATORY SAFETY

air from a belt entry would afford at appropriate personnel of these signals.

STANDARDS—UNDERGROUND COAL

least the same measure of protection as In the event of an emergency, the sole

MINES

where belt haulage entries are not used responsibility of the AMS operator shall

Subpart B—Qualified and Certified to ventilate working places. In addition, be to respond to the emergency.

Persons the following requirements must be met: * * * * *

* * * * * (e) Location of sensors-belt air course.

■ 15. The authority citation for Part 75 (3)(i) The average concentration of (1) In addition to the requirements of

continues to read as follows: respirable dust in the belt air course, paragraph (d) of this section, any AMS

Authority: 30 U.S.C. 811. when used as a section intake air used to monitor belt air courses under

course, must be maintained at or below § 75.350(b) must have approved sensors

■ 16. Section 75.156 is added to read as 1.0 mg/m3. to monitor for carbon monoxide at the

follows: (ii) Where miners on the working following locations:

section are on a reduced standard below (i) At or near the working section belt

§ 75.156 AMS operator, qualifications. 1.0 mg/m3, the average concentration of tailpiece in the air stream ventilating the

(a) To be qualified as an AMS respirable dust in the belt entry must be belt entry. In longwall mining systems

operator, a person shall be provided at or below the lowest applicable the sensor must be located upwind in

with task training on duties and respirable dust standard on that section. the belt entry at a distance no greater

responsibilities at each mine where an (iii) A permanent designated area than 150 feet from the mixing point

AMS operator is employed in (DA) for dust measurements must be where intake air is mixed with the belt

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accordance with the mine operator’s established at a point no greater than 50 air at or near the tailpiece;

approved Part 48 training plan. feet upwind from the section loading (ii) No more than 50 feet upwind from

(b) An AMS operator must be able to point in the belt entry when the belt air the point where the belt air course is

demonstrate to an authorized flows over the loading point or no combined with another air course or

representative of the Secretary that greater than 50 feet upwind from the splits into multiple air courses;





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(iii) At intervals not to exceed 1,000 (1) All AMS operators must be trained § 75.371 Mine ventilation plan; contents.

feet along each belt entry. However, in annually in the proper operation of the * * * * *

areas along each belt entry where air AMS. This training must include the (jj) The locations and approved

velocities are between 50 and 100 feet following subjects: velocities at those locations where air

per minute, spacing of sensors must not (i) Familiarity with underground velocities in the belt entry are above or

exceed 500 feet. In areas along each belt mining systems; below the limits set forth in

entry where air velocities are less than (ii) Basic atmospheric monitoring

§ 75.350(a)(2) or §§ 75.350(b)(7) and

50 feet per minute, the sensor spacing system requirements;

(iii) The mine emergency evacuation 75.350(b)(8).

must not exceed 350 feet;

and firefighting program of instruction; * * * * *

(iv) Not more than 100 feet downwind

of each belt drive unit, each tailpiece, (iv) The mine ventilation system (mm) The location of any diesel-

including planned air directions; discriminating sensor, and additional

transfer point, and each belt take-up. If

(v) Appropriate response to alert, carbon monoxide or smoke sensors

the belt drive, tailpiece, and/or take-up

alarm and malfunction signals; installed in the belt air course.

for a single transfer point are installed (vi) Use of mine communication

together in the same air course, and the (nn) The length of the time delay or

systems including emergency any other method used to reduce the

distance between the units is less than notification procedures; and

100 feet, they may be monitored with number of non-fire related alert and

(vii) AMS recordkeeping

one sensor downwind of the last alarm signals from carbon monoxide

requirements.

component. If the distance between the (2) At least once every six months, all sensors.

units exceeds 100 feet, additional AMS operators must travel to all * * * * *

sensors are required downwind of each working sections. (yy) The locations where the pressure

belt drive unit, each tailpiece, transfer (3) A record of the content of training, differential cannot be maintained from

point, and each belt take-up; and the person conducting the training, and the primary escapeway to the belt entry.

(v) At other locations in any entry that the date the training was conducted,

■ 22. Section 75.380 is amended by

is part of the belt air course as required must be maintained at the mine for at

revising paragraphs (d)(7)(v) and (vi)

and specified in the mine ventilation least one year by the mine operator.

and (f)(1) and adding paragraph

plan. * * * * * (d)(7)(vii) to read as follows:

(2) Smoke sensors must be installed to ■ 20. Section 75.352 is amended by

monitor the belt entry under § 75.350(b) revising paragraph (f) and by adding § 75.380 Escapeways; bituminous and

at the following locations: paragraph (g) to read as follows: lignite mines.

(i) At or near the working section belt * * * * *

tailpiece in the air stream ventilating the § 75.352 Actions in response to AMS

malfunction, alert, or alarm signals. (d) * * *

belt entry. In longwall mining systems

* * * * * (7) * * *

the sensor must be located upwind in

the belt entry at a distance no greater (f) If the minimum air velocity is not (v) Equipped with one directional

than 150 feet from the mixing point maintained when required under indicator cone securely attached to the

where intake air is mixed with the belt § 75.350(b)(7), immediate action must be lifeline, signifying the route of escape,

air at or near the tailpiece; taken to return the ventilation system to placed at intervals not exceeding 100

(ii) Not more than 100 feet downwind proper operation. While the ventilation feet. Cones shall be installed so that the

of each belt drive unit, each tailpiece system is being corrected, operation of tapered section points inby;

transfer point, and each belt take-up. If the belt may continue only while a (vi) Equipped with one sphere

the belt drive, tailpiece, and/or take-up trained person(s) patrols and securely attached to the lifeline at each

for a single transfer point are installed continuously monitors for carbon intersection where personnel doors are

together in the same air course, and the monoxide or smoke as set forth in installed in adjacent crosscuts;

distance between the units is less than §§ 75.352(e)(3) through (7), so that the (vii) Equipped with two securely

100 feet, they may be monitored with affected areas will be traveled each hour attached cones, installed consecutively

one sensor downwind of the last in their entirety. with the tapered section pointing inby,

(g) The AMS shall automatically

component. If the distance between the to signify an attached branch line is

provide both a visual and audible signal

units exceeds 100 feet, additional immediately ahead.

in the belt entry at the point-feed

sensors are required downwind of each (A) A branch line leading from the

regulator location, at affected sections,

belt drive unit, each tailpiece, transfer and at the designated surface location lifeline to an SCSR cache will be

point, and each belt take-up; and when carbon monoxide concentrations marked with four cones with the base

(iii) At intervals not to exceed 3,000 reach: sections in contact to form two diamond

feet along each belt entry. (1) The alert level at both point-feed shapes. The cones must be placed

(iv) This provision shall be effective intake monitoring sensors; or within reach of the lifeline.

one year after the Secretary has (2) The alarm level at either point- (B) A branch line leading from the

determined that a smoke sensor is feed intake monitoring sensor. lifeline to a refuge alternative will be

available to reliably detect fire in ■ 21. Section 75.371 is amended by marked with a rigid spiraled coil at least

underground coal mines. revising paragraphs (jj), (mm), (nn), and eight inches in length. The spiraled coil

* * * * * by adding paragraph (yy) to read as must be placed within reach of the

(q) Training. follows: lifeline (see Illustration 1 below).

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* * * * * intersection where personnel doors are Subpart L—Fire Protection

(f) * * * installed in adjacent crosscuts;

■ 24. Section 75.1103–4 is amended by

(1) One escapeway that is ventilated (vii) Equipped with two securely

revising paragraphs (a) and (b) to read

with intake air shall be designated as attached cones, installed consecutively

as follows:

the primary escapeway. The primary with the tapered section pointing inby,

escapeway shall have a higher to signify an attached branch line is § 75.1103–4 Automatic fire sensor and

ventilation pressure than the belt entry immediately ahead. warning device systems; installation;

unless the mine operator submits an (A) A branch line leading from the minimum requirements.

alternative in the mine ventilation plan lifeline to an SCSR cache will be (a) Effective December 31, 2009,

to protect the integrity of the primary marked with four cones with the base automatic fire sensor and warning

escapeway, based on mine specific sections in contact to form two diamond device systems that use carbon

conditions, which is approved by the shapes. The cones must be placed monoxide sensors shall provide

district manager. within reach of the lifeline. identification of fire along all belt

* * * * * (B) A branch line leading from the conveyors.

■ 23. Section 75.381 is amended by lifeline to a refuge alternative will be (1) Carbon monoxide sensors shall be

revising paragraphs (c)(5)(v) and (vi) marked with a rigid spiraled coil at least installed at the following locations:

and (e), and adding paragraph (c)(5)(vii) eight inches in length. The spiraled coil (i) Not more than 100 feet downwind

to read as follows: must be placed within reach of the of each belt drive unit, each tailpiece

lifeline. transfer point, and each belt take-up. If

§ 75.381 Escapeways; anthracite mines. the belt drive, tailpiece, and/or take-up

* * * * * for a single transfer point are installed

* * * * *

(e) Primary escapeway. One together in the same air course, and the

(c) * * *

escapeway that shall be ventilated with distance between the units is less than

* * * * * intake air shall be designated as the 100 feet, they may be monitored with

(5) * * * primary escapeway. The primary one sensor downwind of the last

* * * * * escapeway shall have a higher component. If the distance between the

(v) Equipped with one directional ventilation pressure than the belt entry units exceeds 100 feet, additional

indicator cone securely attached to the unless the mine operator submits an sensors are required downwind of each

lifeline, signifying the route of escape, alternative in the mine ventilation plan belt drive unit, each tailpiece transfer

to protect the integrity of the primary

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placed at intervals not exceeding 100 point, and each belt take-up;

feet. Cones shall be installed so that the escapeway, based on mine specific (ii) Not more than 100 feet downwind

tapered section points inby; conditions, which is approved by the of each section loading point;

(vi) Equipped with one sphere district manager. (iii) Along the belt entry so that the

ER31DE08.001









securely attached to the lifeline at each * * * * * spacing between sensors does not





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exceed 1,000 feet. Where air velocities intended air flow direction at these the affected areas for carbon monoxide

are less than 50 feet per minute, spacing locations. This map or schematic must so that they will be traveled each hour

must not exceed 350 feet; and be updated within 24 hours of any in their entirety. Alternatively, a trained

(iv) The mine operator shall indicate change in this information. person must be stationed at each

the locations of all carbon monoxide (3) The automatic fire sensor and inoperative sensor to monitor for carbon

sensors on the mine maps required by warning device system shall be monoxide;

§§ 75.1200 and 75.1505 of this part. monitored for a period of 4 hours after (3) If the complete fire detection

(2) Where used, sensors responding to the belt is stopped, unless an system becomes inoperative, trained

radiation, smoke, gases, or other examination for hot rollers and fire is persons must patrol and continuously

indications of fire, shall be spaced at made as prescribed in § 75.1103–4(e). monitor the affected areas for carbon

regular intervals to provide protection * * * * * monoxide so that they will be traveled

equivalent to carbon monoxide sensors, (d) When a malfunction or warning each hour in their entirety;

and installed within the time specified signal is received at the manned surface (4) Trained persons who conduct

in paragraph (a)(3) of this section. location, the sensors that are activated monitoring under this section must have

(3) When the distance from the two-way voice communication

must be identified and appropriate

tailpiece at loading points to the first capability, at intervals not to exceed

personnel immediately notified.

outby sensor reaches the spacing 2,000 feet, and must report carbon

(e) Upon notification of a malfunction

requirements in § 75.1103–4(a)(1)(iii), monoxide concentrations to the surface

or warning signal, appropriate

an additional sensor shall be installed at intervals not to exceed one hour;

personnel must immediately initiate an

and put in operation within 24 (5) Trained persons who conduct

investigation to determine the cause of

production shift hours. When sensors of monitoring under this section must

the malfunction or warning signal and

the kind described in paragraph (a)(2) of immediately report to the surface any

take the required actions set forth in

this section are used, they shall be concentration of carbon monoxide that

paragraph (f) of this section.

installed and put in operation within 24 reaches 10 parts per million above the

(f) If any sensor indicates a warning,

production shift hours after the established ambient level, unless the

the following actions must be taken

equivalent distance which has been mine operator knows that the source of

unless the mine operator determines

established for the sensor from the the carbon monoxide does not present a

that the signal does not present a hazard

tailpiece at loading points to the first hazard to miners; and

to miners:

outby sensor is first reached. (6) Handheld detectors used to

(b) Automatic fire sensor and warning (1) Appropriate personnel must notify

miners in affected working sections, in monitor the belt entry under this section

device systems shall be installed so as must have a detection level equivalent

to minimize the possibility of damage affected areas where mechanized

mining equipment is being installed or to that of the system’s carbon monoxide

from roof falls and the moving belt and sensors.

its load. Sensors must be installed near removed, and at other locations

specified in the approved mine ■ 26. Section 75.1103–6 is revised to

the center in the upper third of the read as follows:

entry, in a manner that does not expose emergency evacuation and firefighting

personnel working on the system to program of instruction; and § 75.1103–6 Automatic fire sensors;

unsafe conditions. Sensors must not be (2) All miners in the affected areas, actuation of fire suppression systems.

located in abnormally high areas or in unless assigned emergency response Point-type heat sensors or automatic

other locations where air flow patterns duties, must be immediately withdrawn fire sensor and warning device systems

do not permit products of combustion to to a safe location identified in the mine may be used to actuate deluge-type

be carried to the sensors. emergency evacuation and firefighting water systems, foam generator systems,

program of instruction. multipurpose dry-powder systems, or

* * * * * (g) If the warning signal will be

■ 25. The section heading and other equivalent automatic fire

activated during calibration of sensors, suppression systems.

paragraph (a) of § 75.1103–5 are revised personnel manning the surface location

and paragraphs (d), (e), (f), (g) and (h) ■ 27. Section 75.1103–8 is revised to

must be notified prior to and upon

are added to read as follows: completion of calibration. Affected read as follows:

§ 75.1103–5 Automatic fire warning working sections, areas where § 75.1103–8 Automatic fire sensor and

devices; actions and response. mechanized mining equipment is being warning device systems; examination and

(a) When the carbon monoxide level installed or removed, or other areas test requirements.

reaches 10 parts per million above the designated in the approved emergency (a) Automatic fire sensor and warning

established ambient level at any sensor evacuation and firefighting program of device systems shall be examined at

location, automatic fire sensor and instruction must be notified at the least once each shift when belts are

warning device systems shall provide an beginning and completion of operated as part of a production shift. A

effective warning signal at the following calibration. functional test of the warning signals

locations: (h) If any fire detection component shall be made at least once every seven

(1) At working sections and other becomes inoperative, immediate action days. Examination and maintenance of

work locations where miners may be must be taken to repair the component. such systems shall be by a qualified

endangered from a fire in the belt entry. While repairs are being made, operation person.

(2) At a manned surface location of the belt may continue if the following (b) A record of the functional test

where personnel have an assigned post requirements are met: conducted in accordance with

of duty. The manned surface location (1) If one sensor becomes inoperative, paragraph (a) of this section shall be

must have: a trained person must continuously maintained by the operator and kept for

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(i) A telephone or equivalent monitor for carbon monoxide at the a period of one year.

communication with all miners who inoperative sensor; (c) Sensors shall be calibrated in

may be endangered and (2) If two or more adjacent sensors accordance with the manufacturer’s

(ii) A map or schematic that shows become inoperative, trained persons calibration instructions at intervals not

the locations of sensors, and the must patrol and continuously monitor to exceed 31 days. A record of the





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80616 Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Rules and Regulations



sensor calibrations shall be maintained § 75.1108 Approved conveyor belts. § 75.1731 Maintenance of belt conveyors

by the operator and kept for a period of (a) Until December 31, 2009 conveyor and belt conveyor entries.

one year. belts placed in service in underground (a) Damaged rollers, or other damaged

coal mines shall be: belt conveyor components, which pose

■ 28. Section 75.1103–10 is revised to (1) Approved under Part 14; or a fire hazard must be immediately

read as follows: (2) Accepted under Part 18. repaired or replaced. All other damaged

§ 75.1103–10 Fire suppression systems; (b) Effective December 31, 2009 rollers, or other damaged belt conveyor

additional requirements. conveyor belts placed in service in components, must be repaired or

underground coal mines shall be replaced.

For each conveyor belt flight approved under Part 14. If MSHA (b) Conveyor belts must be properly

exceeding 2,000 feet in length, where determines that Part 14 approved belt is aligned to prevent the moving belt from

the average air velocity along the belt not available, the Agency will consider rubbing against the structure or

haulage entry exceeds 100 feet per an extension of the effective date. components.

minute, an additional cache of the (c) Effective December 31, 2018 all (c) Materials shall not be allowed in

materials specified in § 75.1103–9(a)(1), conveyor belts used in underground the belt conveyor entry where the

(2), and (3) shall be provided. The coal mines shall be approved under Part material may contribute to a frictional

additional cache may be stored at the 14. heating hazard.

locations specified in § 75.1103–9(a), or ■ 30. Remove § 75.1108–1. (d) Splicing of any approved conveyor

at some other strategic location readily belt must maintain flame-resistant

accessible to the conveyor belt flight. Subpart R—Miscellaneous properties of the belt.

■ 29. Section 75.1108 is revised to read ■ 31. Section 75.1731 is added to read [FR Doc. E8–30639 Filed 12–30–08; 8:45 am]

as follows: as follows: BILLING CODE 4510–43–P

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