45.8-1 45.12 45.48-1 45.52 Active underground working places. (6)). Pillar lines. provisions (sec. 209 (d) Inaccessible. Statutory provisions (sec. 209 (d) (7)). 45.20-1 Coal-producing shift. 45.20-2 Emergency escapeways. 45.20-3 45.24 Examinations prior to a non-coalproducing shift. Statutory provisions (sec. 209 (e) (1)). 45.24-1 Accumulations of combustible material. Statutory provisions (sec. 209 (g) (1)). Minimum requirements. Fire classification. Efficiency ratings. Statutory provisions (sec. 209 (g) (5)). Underground structures. Statutory provisions (sec. 209 (h) (6)). 45.52-1 Unconfined shots. AUTHORITY: The provisions of this Part 45 issued under secs. 201-213, 66 Stat. 692-709; 30 U.S.C. 471-483. SOURCE: The provisions of this Part 45 appear at 21 F.R. 7794, Oct. 12, 1956, unless otherwise noted. NOTE: The following interpretations have been adopted for the guidance of coal mine operators and the public to provide uniformity in the administration of Title II of the Federal Coal Mine Safety Act (66 Stat. 692; 30 U. S. C. secs. 471-483). The interpretations in this subchapter pertain only to particular sections of the act. Additional interpretations may be issued from time to time. For convenience, each section of the act is given first and is followed by the interpretations of such section. § 45.1 Statutory provisions (sec. 201 (a)(3)). The term "certified person”, when used to designate the kind of person to whom the performance of a duty in connection with the operation of a mine shall be assigned, means a person who is qualified under the laws of the State in which such mine is located to perform such duty, except that in a State the laws of which do not provide for such qualification, the term means a person deemed by the operator of such mine to be qualified to perform such duty. § 45.1-1 Certified person. A "certified person" may be either a person who is "qualified" under the laws of the State, or, in a State the laws of which do not provide for qualification, a person who is deemed by the operator to be "qualified." § 45.1-2 Acts to be performed by a certified person. Among the duties are the preshift and onshift examinations provided for by section 209 (d) (7), (8), and (9) of the act (although the special examinations for methane at underground face workings in a gassy mine where electrically driven equipment is operated, as required by the last sentence of section 209 (d) (9), do not have to be made by a "certified person"). § 45.4 Statutory provisions (sec. 201 (a) (7)). The term "mine" means an area of land including everything annexed to it by nature and all structures, machinery, tools, equipment and other property, real or personal, placed upon, under or above its surface by man, used in the work of extracting bituminous coal, lignite or anthracite, from its natural deposits in the earth in such area and in the work of processing the coal so extracted. The term "mine" does not include any strip mine. The term "work of processing the coal" as used in this paragraph means the sizing, cleaning, drying, mixing and crushing of bituminous coal, lignite or anthracite, and such other work of processing such coal as is usually done by the operator, and does not mean crushing, coking, or distillation of such coal or such other work of processing such coal as is usually done by a consumer or others in connection with the utilization of such coal. § 45.4-1 Underground connections.1 (a) Mines or areas which are connected underground shall be considered as a single "mine" if the underground connections between previously separate mines or areas subject the men in the respective mines or areas to a reasonable likelihood of danger from mine fires or the products of fires, explosions or the forces and products of explosions, mine inundations, or man-trip or man-hoist accidents. (b) In some instances this means that the jurisdiction and protection of the act is applicable for the first time, if the separate mines, before being connected, had each employed fewer than fifteen men underground. § 45.5 Statutory provisions (sec. 201 (b)). This title shall not apply to any mine in which no more than fourteen individuals are regularly employed underground. [21 F. R. 9965, Dec. 14, 1956] § 45.5-1 Periodic employment. An individual periodically employed underground in each of two or more mines is regularly employed underground in each mine, and is to be counted in determining whether each mine is one "in which no more than fourteen individuals are regularly employed underground," within the meaning of section 201(b). For example, a mine foreman serving several mines but going underground in each only once a week is to be considered as "regularly employed underground" in each mine. [21 F. R. 9965, Dec. 14, 1956] § 45.5-2 Multiple shifts. All individuals regularly employed underground on any shift in a 24-hour period are to be counted in determining whether more than fourteen individuals are "regularly employed underground" within the meaning of section 201(b). For example, if a mine regularly employs five men underground on each of three shifts, it is a mine in which more than fourteen individuals are "regularly employed underground". [21 F. R. 9966, Dec. 14, 1956] § 45.5-3 Time of count. The number of individuals regularly employed underground in any mine at the time of a regular inspection thereof determines whether that mine is subject 1 Inland Steel Company, Inc. (Wheelwright Mine) v. Director of the United States Bureau of Mines, Federal Coal Mine Safety Board of Review, Docket No. 55-05, Sept. 13, 1956. to Title II of the act for the purposes of that inspection and any notices or orders resulting therefrom. Once a finding, notice, or order is made pursuant to Title II of the act, subsequent reduction in the number of individuals regularly employed underground to less than 15 does not relieve the operator from the necessity of compliance with such notice or order. As long as the number so employed remains at less than 15, that mine will not be subject to any inspection pursuant to Title II of the act except special inspections necessary to determine compliance with any notice or order theretofore made. [21 F. R. 9966, Dec. 14, 1956] § 45.6 Statutory provisions (sec. 203 (a)(1)). If a duly authorized representative of the Bureau, upon making an inspection of a mine as authorized in section 202, finds danger that a mine explosion, mine fire, mine inundation, or man-trip or man-hoist accident will occur in such mine immediately or before the imminence of such danger can be eliminated, he shall also find the extent of the area of such mine throughout which such danger exists. Thereupon he shall immediately make an order requiring the operator of such mine to cause all persons, excepting persons referred to in paragraph (2) of this subsection, to be withdrawn from, and to be debarred from entering, such area. Such findings and order shall contain a detailed description of the conditions which such representative finds cause and constitute such danger, and a description of the area of such mine throughout which persons must be withdrawn and debarred. [22 F. R. 1550, Mar. 9, 1957] Failure to provide special locking devices on drop-bottom cars used for transporting men on man trips shall be considered danger that a man-trip accident will occur immediately or before the imminence of such danger can be eliminated, within the meaning of section 203 (a) (1). [22 F. R. 1550, Mar. 9, 1957] § 45.8 Statutory provisions (sec. 209 (d)(1)). All active underground working places in a mine shall be ventilated by a current of air containing not less than 19.5 per centum of oxygen, not more than 0.5 per centum of carbon dioxide, and no harmful quantities of other noxious or poisonous gases. The volume and velocity of the current of air shall be sufficient to dilute so as to render harmless, and to carry away, flammable or harmful gases. In bituminous-coal and lignite mines the quantity of air reaching the last open crosscut in any pair or set of entries shall not be less than six thousand cubic feet a minute, except that the quantity of air reaching the last open crosscut in any pair or set of entries in pillar sections may be less than six thousand cubic feet a minute if not less than six thousand cubic feet of air a minute is being delivered to the intake end of the pillar line. In anthracite mines the quantity of air reaching the face of each working place shall be at least two hundred cubic feet a minute for each man working in the place and as much more as may be required to dilute, render harmless, and sweep away noxious or dangerous gases, smoke, and fumes. In robbing areas where the air currents cannot be controlled and measurements of the air cannot be obtained, the air shall have perceptible movement. § 45.8-1 Active underground working places. The term "active underground working places", as used in section 209 (d) (1), means underground places in which men are required to be or to pass through in the performance of normal mining operations for the production of coal. § 45.12 Statutory provisions (sec. 209 (d) (5)). In a gassy mine, air which has passed by an opening of any unsealed, abandoned area shall not be used to ventilate any active face area in such mine if such air contains 0.25 per centum or more of methane; but if this sentence cannot be complied with in such mine on the effective date of this section, such mine may continue to be operated after such date as it was operated immediately prior to such date, for a reasonable time until future mine development and ventilation of such mine can be changed to comply with this sentence. In no event shall such air be used to ventilate any area in such mine in which men work or travel if such air contains more than 1 per centum of methane. For the purposes of this paragraph, an area within a panel shall not be deemed to be abandoned until such panel is abandoned. § 45.12-1 Abandoned areas. The term "abandoned area", as used in section 209 (d) (5), means sections, panels, and other areas that are not ventilated and examined in the manner required for active underground working places. This term does not include a section, panel, or other area which, although worked out, is so ventilated and examined. § 45.16 Statutory provisions (sec. 209 (d)(6)). In a gassy mine, air that has passed through an abandoned panel which is inaccessible for inspection, or air that has passed through a similar abandoned area which is inaccessible for inspection, or air which has been used to ventilate a pillar line, or air which has been used to ventilate an area from which the pillars have been removed, shall not be used to ventilate any active face area in such mine; but if this sentence cannot be complied with in such mine on the effective date of this section, such mine may continue to be operated after such date as it was operated immediately prior to such date, for a reasonable time until future mine development and ventilation of such mine can be changed to comply with this sentence. In no event shall such air be used to ventilate any area in such mine in which men work or travel if such air contains more than 1 per centum of methane. § 45.16-1 Pillar lines. The term "pillar line”, as used in section 209 (d) (6), shall be considered to include enough advancing working places (rooms) immediately adjacent to the line of retreat as are necessary to establish the pillar line and maintain an orderly sequence of pillar recovery. § 45.16-2 Air currents. Section 209 (d) (6) applies to air currents which have definitely coursed through an inaccessible abandoned panel or area or which have ventilated a pillar line or a pillared area, regardless of the methane content or absence of methane in such air. § 45.16-3 Inaccessible. The term "inaccessible", as used in section 209(d) (6), means cannot be inspected readily during regular operations. § 45.20 Statutory provisions (sec. 209 (d)(7)). In a gassy mine, within four hours immediately preceding the beginning of a coalproducing shift, and before any workmen in such shift other than those who may be designated to make the examinations prescribed in this paragraph enter the underground areas of such mine, certified persons designated by the operator of such mine to do so shall make an examination, as prescribed in this paragraph, of such areas. Each person designated to act as such a mine examiner shall be directed to examine a definite underground area of such mine, and, in making his examination, such examiner shall inspect every active working place in such area and make tests therein with a permissible flame safety lamp for accumulations of methane and oxygen deficiency in the air therein; examine seals and doors to determine whether they are functioning properly; inspect and test the roof, face, and rib conditions in the working places and on active roadways and travel ways; inspect active roadways, travel ways, approaches to abandoned workings and accessible falls in active sections for explosive gas and other hazards; and inspect to determine whether the air in each split is traveling in its proper course and in normal volume. Such mine examiner shall place his initials and the date at or near the face of each place he examines. If such mine examiner, in making his examination, finds a condition which he considers to be dangerous to persons who may enter or be in such area, he shall indicate such dangerous place by posting a "Danger" sign conspicuously at a point which persons entering such dangerous place would be required to pass. No person, other than Federal or State mine inspectors or persons authorized by the mine operator to enter such place for the purpose of eliminating the dangerous condition therein, shall enter such place while such sign is so posted. Upon completing his examination such mine examiner shall report the result of his examination to a person designated by the mine operator to receive such reports, at a designated station on the surface of the premises of the mine or underground, before other persons enter the underground areas of such mine to work in such coal-producing shift. Each such mine examiner shall also record the results of his examination with ink or indelible pencil in a book kept for such purpose at a place on the surface of the mine designated by the mine operator. No person (other than a certified person designated under this paragraph) shall enter any underground area in a gassy mine, except during a coal-producing shift, unless an examination of such area as prescribed in this paragraph has been made within twelve hours immediately preceding his entrance into such area. § 45.20-1 Coal-producing shift. The term "coal-producing shift" as used in section 209 (d) (7) means any shift during which one or more of the following operations necessary in the production of coal are performed: Cutting, blasting, loading, or the haulage of coal from face areas, regardless of whether or not the coal is dumped at a tipple. [22 F. R. 1550, Mar. 9, 1957; 22 F. R. 1631, Mar. 14, 1957] § 45.20-2 Emergency escapeways. Section 209 (d) (7) does not require a preshift examination of those escapeways that are used only in event of emergency. 66-067 0-67-16 |