[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC865]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 22--MINE SAFETY AND HEALTH
SUBCHAPTER III--INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND COAL
MINES
Sec. 865. Electrical equipment
(a) Allowable equipment; replacements; maintenance; permits for
noncompliance; renewals; limitations; list of electric face
equipment; survey of new and rebuilt equipment; publication of
results
(1) Effective one year after the operative date of this subchapter--
(A) all junction or distribution boxes used for making multiple
power connections inby the last open crosscut shall be permissible;
(B) all handheld electric drills, blower and exhaust fans,
electric pumps, and such other low horsepower electric face
equipment as the Secretary may designate within two months after the
operative date of this subchapter which are taken into or used inby
the last open crosscut of any coal mine shall be permissible;
(C) all electric face equipment which is taken into or used inby
the last open crosscut of any coal mine classified under any
provision of law as gassy prior to the operative date of this
subchapter shall be permissible; and
(D) all other electric face equipment which is taken into or
used inby the last crosscut of any coal mine, except a coal mine
referred to in paragraph (2) of this subsection, which has not been
classified under any provision of law as a gassy mine prior to the
operative date of this subchapter shall be permissible.
(2) Effective four years after the operative date of this
subchapter, all electric face equipment, other than equipment referred
to in paragraph (1)(B) of this subsection, which is taken into or used
inby the last open crosscut of any coal mine which is operated entirely
in coal seams located above the watertable and which has not been
classified under any provision of law as a gassy mine prior to the
operative date of this subchapter and in which one or more openings were
made prior to December 30, 1969, shall be permissible, except that any
operator of such mine who is unable to comply with the provisions of
this paragraph on such effective date may file with the Panel an
application for a permit for noncompliance ninety days prior to such
date. If the Panel determines, after notice to all interested persons
and an opportunity for a public hearing under section 804 of this title,
that such application satisfies the provisions of paragraph (10) of this
subsection and that such operator, despite his diligent efforts, will be
unable to comply with such provisions, the Panel may issue to such
operator such a permit. Such permit shall entitle the permittee to an
additional extension of time to comply with the provisions of this
paragraph of not to exceed twenty-four months, as determined by the
Panel, from such effective date.
(3) The operator of each coal mine shall maintain in permissible
condition all electric face equipment required by this subsection to be
permissible which is taken into or used inby the last open crosscut of
any such mine.
(4) Each operator of a coal mine shall, within two months after the
operative date of this subchapter, file with the Secretary a statement
listing all electric face equipment by type and manufacturer being used
by such operator in connection with mining operations in such mine as of
the date of such filing, and stating whether such equipment is
permissible and maintained in permissible condition or is nonpermissible
on such date of filing, and, if nonpermissible, whether such
nonpermissible equipment has ever been rated as permissible, and such
other information as the Secretary may require.
(5) The Secretary shall promptly conduct a survey as to the total
availability of new or rebuilt permissible electric face equipment and
replacement parts for such equipment and, within six months after the
operative date of this subchapter, publish the results of such survey.
(6) Any operator of a coal mine who is unable to comply with the
provisions of paragraph (1)(D) of this subsection within one year after
the operative date of this subchapter may file with the Panel an
application for a permit for noncompliance. If the Panel determines that
such application satisfies the provisions of paragraph (10) of this
subsection, the Panel shall issue to such operator a permit for
noncompliance. Such permit shall entitle the permittee to an extension
of time to comply with such provisions of paragraph (1)(D) of not to
exceed twelve months, as determined by the Panel, from the date that
compliance with the provisions of paragraph (1)(D) of this subsection is
required.
(7) Any operator of a coal mine issued a permit under paragraph (6)
of this subsection who, ninety days prior to the termination of such
permit, or renewal thereof, determines that he will be unable to comply
with the provisions of paragraph (1)(D) of this subsection upon the
expiration of such permit may file with the Panel an application for
renewal thereof. Upon receipt of such application, the Panel, if it
determines, after notice to all interested persons and an opportunity
for a public hearing under section 804 of this title, that such
application satisfies the provisions of paragraph (10) of this
subsection and that such operator, despite his diligent efforts, will be
unable to comply with the provisions of paragraph (1)(D), may renew the
permit for a period not exceeding twelve months.
(8) Any permit or renewal thereof issued pursuant to this subsection
shall entitle the permittee to use such nonpermissible electric face
equipment specified in the permit during the term of such permit.
(9) Permits for noncompliance issued under paragraphs (6) or (7) of
this subsection shall, in the aggregate, not extend the period of
noncompliance more than forty-eight months after December 30, 1969.
(10) Any application for a permit of noncompliance filed under this
subsection shall contain a statement by the operator--
(A) that he is unable to comply with paragraph (1)(D) or
paragraph (2) of this subsection, as appropriate, within the time
prescribed;
(B) listing the nonpermissible electric face equipment being
used by such operator in connection with mining operations in such
mine on the operative date of this subchapter and the date of the
application by type and manufacturer for which a noncompliance
permit is requested and whether such equipment had ever been rated
as permissible;
(C) setting forth the actions taken from and after the operative
date of this subchapter to comply with paragraph (1)(D) or paragraph
(2) of this subsection, as appropriate, together with a plan setting
forth a schedule of compliance with said paragraphs for each such
equipment referred to in such paragraphs and being used by the
operator in connection with mining operations in such mine with
respect to which such permit is requested and the means and measures
to be employed to achieve compliance; and
(D) including such other information as the Panel may require.
(11) No permit for noncompliance shall be issued under this
subsection for any nonpermissible electric face equipment, unless such
equipment was being used by an operator in connection with the mining
operations in a coal mine on the operative date of this subchapter.
(12) Effective one year after the operative date of this subchapter,
all replacement equipment acquired for use in any mine referred to in
this subsection shall be permissible and shall be maintained in a
permissible condition, and in the event of any major overhaul of any
item of equipment in use one year from the operative date of this
subchapter such equipment shall be put in, and thereafter maintained in,
a permissible condition, unless, in the opinion of the Secretary, such
equipment or necessary replacement parts are not available.
(b) Notification of permits
A copy of any permit granted under this section shall be mailed
immediately to a representative of the miners of the mine to which it
pertains, and to the public official or agency of the State charged with
administering State laws relating to coal mine health and safety in such
mine.
(c) Gassy mines; maintenance of equipment
Any coal mine which, prior to the operative date of this subchapter,
was classed gassy under any provision of law and was required to use
permissible electric face equipment and to maintain such equipment in a
permissible condition shall continue to use such equipment and to
maintain such equipment in such condition.
(d) Location of nonpermissible power connection units
All power-connection points, except where permissible power
connection units are used, outby the last open crosscut shall be in
intake air.
(e) Mine map; contents; modifications
The location and the electrical rating of all stationary electric
apparatus in connection with the mine electric system, including
permanent cables, switchgear, rectifying substations, transformers,
permanent pumps and trolley wires and trolley feeder wires, and settings
of all direct-current circuit breakers protecting underground trolley
circuits, shall be shown on a mine map. Any changes made in a location,
electric rating, or setting shall be promptly shown on the map when the
change is made. Such map shall be available to an authorized
representative of the Secretary and to the miners in such mine.
(f) Repairs; deenergizing of equipment; authorized personnel; locking
out of disconnection devices
All power circuits and electric equipment shall be deenergized
before work is done on such circuits and equipment, except when
necessary for trouble shooting or testing. In addition, energized
trolley wires may be repaired only by a person trained to perform
electrical work and to maintain electrical equipment and the operator of
such mine shall require that such person wear approved and tested
insulated shoes and wireman's gloves. No electrical work shall be
performed on low-, medium-, or high-voltage distribution circuits or
equipment, except by a qualified person or by a person trained to
perform electrical work and to maintain electrical equipment under the
direct supervision of a qualified person. Disconnecting devices shall be
locked out and suitably tagged by the persons who performed such work,
except that, in cases where locking out is not possible, such devices
shall be opened and suitably tagged by such persons. Locks or tags shall
be removed only by the persons who installed them or, if such persons
are unavailable, by persons authorized by the operator or his agent.
(g) Periodic examinations; maintenance; records; accessibility
All electric equipment shall be frequently examined, tested, and
properly maintained by a qualified person to assure safe operating
conditions. When a potentially dangerous condition is found on electric
equipment, such equipment shall be removed from service until such
condition is corrected. A record of such examinations shall be kept and
made available to an authorized representative of the Secretary and to
the miners in such mine.
(h) Electrical conductors
All electric conductors shall be sufficient in size and have
adequate current-carrying capacity and be of such construction that a
rise in temperature resulting from normal operation will not damage the
insulating materials.
(i) Electrical connections
All electrical connections or splices in conductors shall be
mechanically and electrically efficient, and suitable connectors shall
be used. All electrical connections or splices in insulated wire shall
be reinsulated at least to the same degree of protection as the
remainder of the wire.
(j) Cables and wires; entry through metal frames
Cables shall enter metal frames of motors, splice boxes, and
electric compartments only through proper fittings. When insulated wires
other than cables pass through metal frames the holes shall be
substantially bushed with insulated bushings.
(k) Support of power wires
All power wires (except trailing cables on mobile equipment,
specially designed cables conducting high-voltage power to underground
rectifying equipment or transformers, or bare or insulated ground and
return wires) shall be supported on well-insulated insulators and shall
not contact combustible material, roof, or ribs.
(l) Insulation of power wires; exceptions
Power wires and cables, except trolley wires, trolley feeder wires,
and bare signal wires, shall be insulated adequately and fully
protected.
(m) Circuit breakers; overload protection for three-phase motors
Automatic circuit-breaking devices or fuses of the correct type and
capacity shall be installed so as to protect all electric equipment and
circuits against short circuit and overloads. Three-phase motors on all
electric equipment shall be provided with overload protection that will
deenergize all three phases in the event that any phase is overloaded.
(n) Disconnecting switches for main power circuits; location and
installation
In all main power circuits, disconnecting switches shall be
installed underground within five hundred feet of the bottoms of shafts
and boreholes through which main power circuits enter the underground
area of the mine and within five hundred feet of all other places where
main power circuits enter the underground area of the mine.
(o) Switches
All electric equipment shall be provided with switches or other
controls that are safely designed, constructed, and installed.
(p) Lightning arresters
Each ungrounded, exposed power conductor that leads underground
shall be equipped with suitable lightning arresters of approved type
within one hundred feet of the point where the circuit enters the mine.
Lightning arresters shall be connected to a low resistance grounding
medium on the surface which shall be separated from neutral grounds by a
distance of not less than twenty-five feet.
(q) Nonapproved devices
No device for the purpose of lighting any coal mine which has not
been approved by the Secretary or his authorized representative shall be
permitted in such mine.
(r) Deenergizing of electric face equipment
An authorized representative of the Secretary may require in an
