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211.11 Fire bosses or mine examiners-(a) Duties. The lessee shall appoint a sufficient number of fire bosses or mine examiners, certified by the State, to examine every underground working placé and nearby open place within 3 hours prior to the entrance of any shift of miners, and to determine if every place is free from a dangerous quantity of flammable or noxious gas, if the air is properly coursed, and if the roof and other conditions are safe for the workmen, and they shall record the date of examination at each working place.

(b) Examinations during shift. The fire bosses or mine examiners shall also examine every accessible part of the mine each third day, omitting Sunday, make the determinations mentioned in (a) of this section, and record the date of the examination at each place examined. Any place which has been undercut by a machine or in which the coal or roof has been blasted or has fallen shall be examined by a fire boss or mine examiner and determined to be safe before workmen are permitted to reenter.

(c) Fire boss for every 75 men employed in gassy mines. For every group of 75 men or fraction thereof employed underground in any gassy mine at least one fire boss or mine examiner shall be appointed, who shall be subjected to a physical and optical examination at least once each calendar year.*+ [Sec. 14]

211.12 Additional duties of fire bosses-(a) Dangerous places to be fenced and marked. The fire bosses or examiners shall fence and mark off all dangerous places to warn men and prevent their entrance into such places, shall list on a blackboard or its equivalent at the entrance to the mine or entrance to each section of the mine and places therein which have been marked off, and shall station themselves at the entrance to such a section or near the mouth of the mine to warn miners who normally would work in places found dangerous and prevent them from entering until the dangerous conditions have been remedied under the supervision of a duly accredited mine official and the place has been declared safe.

(b) Fire boss reports; records copied and signed. The reports of the fire bosses or mine examiners shall be assembled and copied once a day, in ink or indelible pencil, in a record book kept in the office of the mine and signed each day by the fire bosses or examiners and by the mine foreman.*+

(c) Mine foreman may serve as fire boss. The foreman or an assistant foreman, if duly qualified in accordance with State regulations and if his other duties permit, may also serve as fire boss or mine examiner.*1 [Sec. 15]

211.13 Electrician's qualifications. At a mine where electricity is used underground for generating power, the lessee shall appoint a man to be in charge of the electrical equipment who is fitted for his position by ability, training, and experience and is familiar with the hazards of mine gases and coal dust and with the operation and maintenance of the equipment in his charge.*+ [Sec. 16]

211.14 Hoistmen-(a) Qualifications. Hoistmen shall be familiar with the operation of hoisting engines, able to read and write English, and not less than 18 years of age. **For statutory and source citations, see note to 8 211.1.

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(b) Physical examination. Hoistmen who hoist or lower men must have a physical examination annually and present a certificate of health from a reputable physician.** [Sec. 17)

WEIGHING OR MEASURING COAL

211.15 Requirements-(a) Posting records. All coal mined shall be accurately weighed or measured, truly accounted for, and recorded by the lessee, including a record of all sales of coal and of coal disposed of otherwise. If the miners are paid either by weight or by measurement, a record of correct daily weights or biweekly measurements shall be posted or displayed in a conspicuous place. Test weights shall be kept at the scales, so that the accuracy of the scales can be tested at any time.

(b) Weighman to make affidavit for faithful discharge of duties. The weighman or person appointed to weigh or measure the coal where the miners are paid upon the basis of his figures shall be required before entering upon his duties to subscribe to an affidavit, before a person duly authorized to administer oaths, that he will keep a true record of the coal so weighed or measured and credit each miner accordingly; such affidavit shall be posted at his place of duty.

(c) Bone or other impurities may be deducted. Nothing contained herein shall be construed to prevent the lessee from separately weighing and deducting the amount of bone coal or other impurities, loaded by a miner with the coal, from the weight of the coal accredited to the miner.

(d) Allowance for waste material. If rock or bone is removed from the coal after weighing, an allowance for such waste material may be authorized by the mining supervisor, provided the cleaning is done with a minimum loss of coal.

(e) Basis of royalty computation. If deductions are allowed for impurities in the coal under (c) or (d) of this section, under no circumstances shall the royalty be based on less than the weight credited to the miners, plus that loaded by day labor, nor shall it be based on less than the shipping, weight, plus coal stored, coal used on the premises, and coal otherwise accounted for.

(f) Penalty for light-weighing coal. If a lessee records or reports less than the true weight of the coal mined, he shall be subject to a penalty, at the option of the Secretary, of double the amount of royalty on the shortage or the full value of the shortage. Repetition of the showing of a shortage in weight after warning shall be sufficient cause for cancelation of the lease.** [Sec. 18]

GEOLOGIC AND BORE-HOLE REPORTS

211.16 Requirements for reports and completion of drilling(a) Projected plans. The lessee shall submit detailed reports upon completion or suspension of any prospect bore hole, prospecting operation, or geologic investigation. The report on each borehole shall give the location, altitude, and log, including the occurrences of water. In surface prospecting the location and occurrences of

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**For statutory and source citations, see note to § 211.1.

coal shall be shown on a map, and copies of geologic reports on the lands leased shall be furnished by the lessee.

(b) Bore holes to be cemented and filled. All bore holes made to prospect formations shall upon completion be fully and promptly filled with a mud fluid or cement or filled otherwise, as prescribed by the district mining supervisor. While holes are being drilled they shall be properly cased and cemented to prevent migration of oil, gas, or water to the coal-bearing beds, and after serving their purpose they shall be abandoned as prescribed for prospect holes.** [Sec. 19]

APPROACHING OIL, GAS, OR WATER WELLS 211.17 Precautions. When mining operations approach wells or bore holes that may liberate oil, gas, water, or other fluid substances, the lessee shall present his plans for mining the coal in proximity to such holes to the mining supervisor and obtain his approval before proceeding with the work planned. The plans shall provide that the coal be extracted as completely as practicable with safety and in such manner that the well will not be damaged, and that precautions be taken against the sudden liberation of a body of oil, gas, water, or other fluid. The mine ventilation shall be so arranged that any gaseous substance liberated shall enter the return air current and not be circulated through the active workings of the mine. In approaching such holes, the instructions in § 211.63 shall be followed.*+ [Sec. 20]

SURFACE STRUCTURES, THEIR LOCATION, CONSTRUCTION, AND FIRE

PROTECTION

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211.18 Building of combustible material within 75 feet of mine opening prohibited. A lessee employing more than 10 men underground shall not construct or maintain on the surface any structure of combustible material within 75 feet of any opening, nor permit such a structure to be connected to any noncombustible building within that distance except as follows:

(a) Headframe construction and fire doors. An open timber framework or headframe of timber may be constructed over a shaft, slope, drift, or tunnel. The posts and rafters of any such structure may be of wood if the covering or lining is made of fireproof material, but under no circumstances shall wood flooring be used except in tipples, trestles, and storage bins. Fire doors shall be erected at effective points where smoke or fire from outside sources may endanger men working underground.

(b) Flammable material at mine opening. Flammable material shall not be stored or placed within 75 feet of any mine opening except while such material is being sent into or removed from the mine and except for a day's supply of oil for lubricating machinery in the surface structure.

(c) Fireproofing hoist and power plant buildings. At mines in which more than 50 men are employed underground on any shift, the building or buildings containing the hoisting engine and power plant shall not have floors, ceilings, and side walls or roofs constructed of

**For statutory and source citations, see note to § 211.1.

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combustible material, but wood may be used for roof trusses, purlins, and rafters, and for side-wall studs or frames if covered on both sides with noncombustible material.*+ (Sec. 211

DEVELOPMENT PLANS

211.19 To be approved in advance of operations. After necessary prospecting has been done on any lease and before permanent operating shafts have been sunk or slopes, drifts, or tunnels driven, the lessee shall prepare and submit to the district mining supervisor for approval a preliminary plan, together with vertical sections to indicate, so far as known, the position, dip, and thickness of each coal bed. The plan shall be on a scale of not more than 500 feet to the inch and shall show in outline the principal prospect and proposed entries, airways, shafts, and structures, including fan or fans, and the proposed method of underground development and ventilation, with a description thereof.** (Sec. 22]

211.20 To be followed. The lessee shall develop and mine the coal in accordance with plans approved in advance, so far as natural conditions permit; and, if conditions necessitating radical changes are encountered, he shall immediately submit modified plans, accompanied by an explanation, to the district mining supervisor for approval.*+ [Sec. 23]

MINING WHERE MORE THAN ONE BED OF COAL OCCURS

211.21 Requirements-(a) Coal pillars in lower beds are to be left until coal in upper beds is extracted. Where practicable, by reason of either commercial or mining conditions, the available coal in the upper beds shall be worked out before the coal in the lower beds is mined; otherwise, the workings in the upper coal bed shall be kept in advance of the workings in each lower bed. The decision as to practicability rests with the mining supervisor. Where more than one bed of coal is known to exist in the leased lands, the lessee shall not draw or remove the pillars in any lower bed before mining the available coal in each known upper bed of such thickness that it can be mined under the then existing commercial conditions, either alone or in combination with thicker beds. The mining supervisor shall decide whether or not the workings or conditions for subsequent mining in any or all of the upper beds will be seriously injured by the extraction of the pillars in the lower workings.

(b) Pillars to be arranged vertically under or over pillars in another bed. Where mining operations are in progress in a bed that lies either below or above another bed in which mining has been or is being carried on, the lessee shall, if the room-and-pillar system is employed, superimpose the pillars in the respective beds. Modifications of this provision may be necessary in steeply dipping beds and may be approved by tħe mining supervisor where conditions make them advisable.*+ [Sec. 24]

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**For statutory and source citations, see note to g 211.1.

DEVELOPING THROUGH ADJOINING MINES

211.22 Development on leased tract. A lessee may develop a mine on his leased tract from an adjoining mine not on the public domain, or from adjacent leased lands, under the following conditions:

(a) Mine not on public domain to conform to regulations. The mine that is not on the public domain shall conform to all sections in the regulations in this part that relate to the safety of the mines and employees.

(b) Connections between mines. The only connections between the mine not on public domain and the mine on public domain shall be the main haulageways, the ventilationways, and the escapeways. Substantial concrete frames and fireproof doors that may be closed in an emergency and opened from either side shall be installed in each such connection. Unnecessary connections through the boundary pillars shall not be made until both mines are about to be exhausted and abandoned. The district mining supervisor may waive such of the requirements in this section when, in his judgment, such waiving does not affect adversely the safety of the employees or entail loss of coal.

(c) Inspection of adjacent mines. Free access for inspection of said connecting mine not on the public domain shall be given at all hours to the mining supervisor or other representative of the Secretary of the Interior.**[Sec. 25]

211.23 Connecting mine subject to regulations; sealing. If a lessee operating on a lease through a mine not on public domain does not maintain the mine in accordance with the operating regulations, operations on the leased land may be ordered stopped or Departmental seals applied by the district mining supervisor or deputy mining supervisor, and the operations on leased lands shall be stopped.** [Sec. 26]

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PROVISIONS FOR DISPOSAL OF WASTE

211.24 Requirements-(a) Slack and refuse to be so disposed of as not to be a nuisance. The lessee shall dispose of waste, slack, refuse, and water from a mine and waste and sludge of any washery in such a manner as not to cause private or public damage or inconvenience, be a nuisance, or obstruct any stream, right of way, or other means of transportation or travel.

(b) Separately storing slack and waste. All waste containing practically no coal shall be deposited separately and apart from coal for which no immediate market exists and from waste containing coal in such quantity that it may be later separated from the waste by washing or other means.

(c) Royalty on slack coal. Royalty on slack coal accrues when the coal is mined and is due and payable on the next payment date thereafter.** [Sec. 27]

**For statutory and source citations, see note to g 211.1.

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