Safety Standards for Explosives at Metal and Nonmetal Mines

Federal RegisterJul 12, 1996

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SUMMARY: This final rule revises certain provisions of the Mine Safety

and Health Administration's (MSHA) safety standards for explosives at

metal and nonmetal mines. The final rule revises existing standards for

separation of detonators from other explosives or blasting agents

during storage in powder chests and during transportation.

Additionally, it revises existing provisions related to loading and

blasting of explosive materials. The final rule also expands the

application of existing provisions concerning the protection of

explosive materials from impact and exposure to high temperatures, and

it revises and clarifies the existing provisions addressing static

electricity dissipation during loading. The rule revises the existing

preamble discussion for vehicles containing explosive material, and

incorporates existing blast site security provisions into the loading

and blasting standards. For the convenience of the mining community,

MSHA has published the full text of the explosives standards for metal

and nonmetal mines in this Federal Register document.

EFFECTIVE DATES: This final rule is effective September 10, 1996. The

incorporation by reference listed in the regulations is effective

September 10, 1996.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office

of Standards, Regulations, and Variances, MSHA, 703-235-1910.

SUPPLEMENTARY INFORMATION:

I. Paperwork Reduction Act

Under final Secs. 56/57.6306(a), operators must either attend;

barricade and post the blast site with warning signs, such as

``Danger,'' ``Explosives,'' or ``Keep Out;'' or flag the blast site

against unauthorized entry. These final requirements for use of warning

signs, such as ``Danger,'' ``Explosives,'' or ``Keep Out,'' are not

considered information collection under the Paperwork Reduction Act of

1995 (PRA 95) and are not subject to approval by the Office of

Management and Budget (OMB).

Final Secs. 56/57.6306(d) requires that operators conduct loading

and blasting in a manner to facilitate a continuous process so that the

blast is fired as soon as possible. The final standard does not retain

the concept of ``undue delay'', but retains the existing requirement to

notify MSHA of blasting delays beyond 72 hours. MSHA estimates that

these provisions affect fewer than 10 respondents annually, all large

mines. Although notification is considered an information collection

burden under PRA 95, this provision is not subject to OMB approval

because it affects fewer than 10 respondents annually.

II. Rulemaking Background

MSHA published comprehensive revisions to its explosives safety

standards for metal and nonmetal mines in January 1991 (56 FR 2070).

Prior to the effective date of the rule, MSHA stayed several provisions

due to compliance issues raised by the mining community and explosives

manufacturers. The provisions involved were subsequently reproposed on

October 16, 1992 (57 FR 47524) for revision and clarification. On

December 30, 1993, MSHA published the existing final rule which became

effective on January 31, 1994 (58 FR 69596).

In February 1994, the American Mining Congress (AMC) and the

Institute of Makers of Explosives (IME) each filed a petition for

review of the final rule with the United States Court of Appeals for

the District of Columbia Circuit, in American Mining Congress v. MSHA,

Docket No. 91-1124 and 91-1568, consolidated cases, and in IME v. MSHA,

Docket No. 94-1144. AMC requested that MSHA reconsider evidence in the

rulemaking record regarding the continuous loading requirements of

Secs. 56/57.6306(c), Loading and blasting. In addition, AMC requested

that the Agency clarify the preamble discussion to Secs. 56/

57.6202(a)(1), concerning vehicles containing explosive materials.

IME suggested revision of Secs. 56/57.6000, the definition of

``laminated partition,'' and corresponding changes in Secs. 56/

57.6133(b), Powder chests, and Secs. 56/57.6201(a)(2) and (b)(2),

Separation of transported explosive material. Also, IME requested that

MSHA reconsider information in the rulemaking record regarding the

requirements of Secs. 56/57.6602, Static electricity dissipation during

In response to the issues raised by the mining industry and

explosive manufacturers, MSHA issued Program Policy Letter No. P94-IV-3

on September 30, 1994. This Program Policy Letter provided information

to the mining community regarding the proper usage of the IME-22

Container as a ``laminated partition'' under Secs. 56/57.6000,

Secs. 56/57.6133, and Secs. 56/57.6201. The Agency also interpreted the

``continuous loading'' requirements of Secs. 56/57.6306; clarified the

meaning of the term ``good condition'' as it applies to vehicles used

in Secs. 56/57.6202; clarified the application of Secs. 56/57.6501

regarding double trunklines or loop systems when using low energy

detonating cord with inhole delays; and interpreted Secs. 56/57.6602(e)

on static electricity dissipation during loading as it applies to the

use of plastic hole liners. This final regulation addresses these

regulatory issues except for Secs. 56/57.6501 regarding double

trunklines or loop systems. Therefore, Program Policy Letter No. P94-

IV-3 will expire on the effective date of this final regulation.

On January 5, 1995, MSHA published a proposed rule in the Federal

above. Public hearings were held in Cleveland, Ohio, and Elko, Nevada

in July 1995. The rulemaking record closed on August 18, 1995. MSHA

received and reviewed written and oral statements on the proposed rule

from all segments of the mining community. These final standards for

explosives at metal and nonmetal mines are based on consideration of

the entire rulemaking record, including all written comments and

exhibits received related to the January 1991 and the December 1993

final regulations, as well as the January 5, 1995, proposal and the

public hearing record.

To serve the interests of the mining community, MSHA has

republished the full text of subpart E of 30 CFR parts 56 and 57 as

they will read effective September 10, 1996. This final rule, however,

addresses revisions only to the following sections. Sections

republished here and not on the list below are unchanged.

Parts 56 and 57

Secs. 56/57.6000 Definitions.

Secs. 56/57.6133 owder chests.

Secs. 56/57.6201 Separation of transported explosive material.

Secs. 56/57.6202 Vehicles.

Secs. 56/57.6302 Separation of explosive material.

Secs. 56/57.6306 Loading, blasting, and security.

Secs. 56/57.6313 Blast site security.

Secs. 56/57.6602 Static electricity dissipation during loading.

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Secs. 56/57.6905 Protection of explosive material.

III. Discussion and Summary of the Final Rule

A. General Discussion

Historically, hazards associated with the storage, transportation,

and use of explosive materials have caused or contributed to serious

injuries and fatalities in metal and nonmetal mines. Precautions to

safeguard against these hazards are an essential part of any effective

mine safety program. The standards in 30 CFR parts 56 and 57, subpart

E, focus on hazards associated with using or working near explosive

materials at metal and nonmetal mines. The standards in this final rule

clarify and address certain precautions necessary to prevent the

hazards common to storing, transporting, and handling explosive

materials. These standards also address the issues raised in the rule

challenges noted above.

B. Organizational Changes

Paragraph (b) of existing Secs. 56/57.6302 is moved to Secs. 56/

57.6905 of this subpart. Paragraph (a) of existing Secs. 56/57.6302

requires that explosives and blasting agents be kept separate from

detonators until loading begins. This provision remains unchanged. The

section heading of Secs. 56/57.6302 is revised in the final rule to

read ``Separation of explosive material.''

Paragraph (b) of existing Secs. 56/57.6302 requires that explosive

material be protected from impact and temperatures in excess of 150

degrees Fahrenheit when taken to the blast site.

In 1993, MSHA promulgated Secs. 56/57.6302 under the ``Use''

portion of the explosives regulation, thereby inadvertently creating

confusion as to whether explosives also must be protected from impact

during transportation and storage. MSHA's intent was to require

protection of explosive material from impact and high temperatures

generally, not just during use. This final rule moves existing

paragraph (b) of Secs. 56/57.6302 to ``General Requirements'' and

``General Requirements-Surface and Underground.'' The provision is

codified as Secs. 56/57.6905, with the section heading ``Protection of

explosive material.''

C. Deletions

Existing Secs. 56/57.6313, which require that areas where loading

is suspended or loaded holes are awaiting firing be attended,

barricaded and posted, or flagged against unauthorized entry are

deleted, and these requirements are incorporated into final Secs. 56/

57.6306(a) for loading and blasting.

D. Incorporations by Reference

Existing Secs. 56/57.6000, Secs. 56/57.6133, and Secs. 56/57.6201

incorporate by reference the definition of ``laminated partition'' and

recommendations found in the IME Safety Library Publication No. 22,

``Recommendations for the Safe Transportation of Detonators in a

Vehicle with other Explosive Materials,'' (May 1993), and ``The Generic

Loading Guide for the IME-22 Container,'' (October 1993). Whenever a

laminated partition is used under the final rule, IME's recommendations

contained in these two publications must be followed. As discussed

below, MSHA will make these IME publications available to the mining

community.

E. Section-by-Section Analysis

The following section-by-section analysis explains the final rule

and its effect on existing standards. The standards in part 56 apply to

all surface metal and nonmetal mines; those in part 57 apply to

underground and surface areas of underground metal and nonmetal mines.

Secs. 56/57.6000 Definitions.

Secs. 56/57.6133 Powder chests.

Secs. 56/57.6201 Separation of transported explosive material.

Sections 56/57.6133 and 56/57.6201 address the hazards of unplanned

detonation of explosives when stored and transported. The separation

requirements are intended to impede propagation should detonators be

initiated.

The existing definition of ``laminated partition'' in 30 CFR

Secs. 56/57.6000 includes the combinations of materials which must be

used in a partition if operators choose to store or transport certain

detonators with explosives or blasting agents. These dimensions are

based on IME Safety Library Publication No. 22, ``Recommendations for

the Safe Transportation of Detonators in a Vehicle with other Explosive

Materials,'' (May 1993), and the ``Generic Loading Guide for the IME-22

Container,'' (October 1993). The term ``laminated partition'' appears

in existing Secs. 56/57.6133, Powder chests, and in Secs. 56/57.6201,

Separation of transported explosive material.

Existing standards Secs. 56/57.6133 require that detonators stored

at surface operations and at surface areas of underground operations

must be kept in chests separate from other explosives or blasting

agents, unless the detonators and explosives or blasting agents are

separated by 4 inches of hardwood or equivalent, or a laminated

partition. Similarly, existing Secs. 56/57.6201(a)(2) require

detonators and other explosives or blasting agents to be transported on

separate vehicles or conveyances, except detonators in quantities of

more than 1,000 may be transported on the same vehicle or conveyance if

maintained in the manufacturer's original packaging, and if separated

from explosives or blasting agents by 4 inches of hardwood or

equivalent, or a laminated partition. The 4 inches of hardwood or

equivalent must be fastened to the vehicle or conveyance. Paragraph

(b)(2) of Secs. 56/57.6201 allows detonators in quantities of 1,000 or

fewer to be transported with explosives or blasting agents when kept in

closed containers and separated by 4 inches of hardwood or equivalent,

or a laminated partition. The 4 inches of hardwood or equivalent must

be fastened to the vehicle or conveyance.

The Institute of Makers of Explosives (IME) raised objections to

these existing regulations since the IME safety guidelines warn against

hazards associated with use of the IME-22 container when transporting

detonators with other explosives and blasting agents on the same

vehicle.

Proposed Secs. 56/57.6000 included language similar to that of the

existing regulation. Proposed Secs. 56/57.6133(b) would have allowed

operators the flexibility to continue storing detonators with other

explosives and blasting agents in a powder chest (day box) when

separated by 4 inches of hardwood or equivalent. Likewise, proposed

Secs. 56/57.6201 (a)(2) and (b)(2) would have allowed operators to

continue transporting detonators with explosives and blasting agents on

the same vehicle or conveyance if they are separated by 4 inches of

hardwood or equivalent. In response to IME's comments, both proposed

standards also would have allowed use of a laminated partition to

separate detonators from explosive materials, provided operators

followed guidelines included in the IME Safety Library Publication No.

22, ``Recommendations for the Safe Transportation of Detonators in a

Vehicle with other Explosive Materials,'' (May 1993), and the ``Generic

Loading Guide for the IME-22 Container'' (October 1993) when using a

laminated partition.

Final regulations for Secs. 56/57.6000 are the same as the proposed

rule. The final regulations for both Secs. 56/57.6133(b) and Secs. 56/

57.6201 (a)(2) and (b)(2) parallel the proposed rules in that they

permit the longstanding practice of using 4 inches of hardwood or

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equivalent, or a laminated partition (which includes the IME-22

Container or box) to separate detonators from other explosives or

blasting agents, provided that the provisions of the IME Safety Library

Publication No. 22, ``Recommendations for the Safe Transportation of

Detonators in a Vehicle with other Explosive Materials,'' (May 1993),

and the ``Generic Loading Guide for the IME-22 Container'' (October

1993) are followed. Copies of these IME publications are available to

the mining industry at MSHA headquarters in Arlington, VA, and at all

Metal and Nonmetal Mine Safety and Health district offices.

MSHA did not receive any comments relative to the Agency's

definition of the term ``laminated partition'' as described in the

proposed rule.

One commenter objected to MSHA incorporating by reference IME

publications stating that such incorporation would interfere with the

opportunity to comment on the content of these publications. MSHA has

historically relied upon manufacturers' design specifications and

recommendations for the proper use of specific mining equipment and

machinery where unintended use of such equipment and machinery poses a

serious safety hazard to miners. Therefore, if operators use a

laminated partition for compliance with standards Secs. 56/57.6133 and

Secs. 56/57.6201, they must follow the guidelines prescribed in IME's

accompanying documentation, including updated revisions where

applicable. MSHA expects that the IME will periodically update this

documentation, and MSHA intends to give mine operators adequate notice

should compliance changes become necessary.

Some commenters sought clarification of the phrase ``4 inches of

hardwood, or equivalent,'' as used in proposed Secs. 56/57.6133 and

Secs. 56/57.6201, while other commenters requested that MSHA define the

term ``equivalent'' in the final regulation to specify the types of or

combinations of materials that would be accepted. ``Equivalent'' under

the final rule refers to any barrier, other than a laminated partition,

that provides at least the same degree of protection for explosives or

blasting agents as 4 inches of hardwood should detonators be initiated

by outside forces. Presently, MSHA has no equivalency data to convert

the degree of protection provided by hardwood to another material.

However, the final standard preserves the flexibility to recognize such

future developments.

One commenter requested that MSHA clarify whether ``4 inches of

hardwood'' refers to a partition separating two containers or to the

construction of the detonator box itself. The 4 inches of hardwood or

its equivalent refers to the partition used to separate explosives and

blasting agents from detonators. The purpose of separation is to impede

propagation should detonators be initiated by outside forces. The 4

inches of hardwood or equivalent separator must be fastened inside the

cargo area of the vehicle or conveyance containing explosive materials.

At commenters' suggestions, mine operators are reminded that MSHA

standards are applicable only to mining property, including

transporting of explosive materials. Any transportation of explosive

material over public highways is subject to the requirements of the

United States Department of Transportation in Title 49 of the Code of

Federal Regulations.

Sections 56/57.6202 Vehicles

Sections 56/57.6202 address the hazard of an unplanned detonation

of explosive material during transportation. Detonation can result from

vehicle fires, vehicle accidents or construction of an explosive

container with inappropriate material.

The existing regulations at Secs. 56/57.6202(a)(1) require that

vehicles used to transport explosives be maintained in ``good

condition.'' MSHA indicated in the preamble discussion to this

regulation that for compliance purposes, vehicles must be road-worthy

and capable of passing Federal, state, and local licensing requirements

for over-the-road use.

MSHA received a number of objections to this interpretation of

``good condition.'' In response to these commenters, MSHA clarifies in

this final regulation preamble that for vehicles to be in ``good

condition'' that they comply with the applicable MSHA standards

contained in subpart M-Machinery and Equipment, which address

requirements for all self-propelled mobile equipment used on mine

property. Commenters agreed with this interpretation and MSHA adopts

this approach in the final rule.

``USE''

Sections 56/57.6302 Separation of Explosive Material and Sections 56/

57.6905 Protection of Explosive Material

Sections 56/57.6302 address the hazard of unplanned detonation of

explosive material and protection for explosive material during use,

transportation, and prior to loading.

Existing paragraph (a) of Secs. 56/57.6302 requires that explosives

and blasting agents be kept separate from detonators until loading

begins. Existing paragraph (b) requires that explosive material be

protected from impact and temperatures in excess of 150 degrees

Fahrenheit when taken to the blast site.

When MSHA promulgated existing Secs. 56/57.6302, the standards

appeared in the ``USE'' portion of the explosives regulations, although

the same hazards also exist during the transportation and storage

processes. Therefore, the final rule revises and expands application of

existing paragraph (b) of Secs. 56/57.6302 to ``GENERAL REQUIREMENTS''

for both surface and underground, and moves this existing paragraph to

newly numbered standards Secs. 56/57.6905. Like the proposed

regulation, final paragraph (a) requires that operators protect

explosive materials against temperatures in excess of 150 degrees

Fahrenheit. This temperature threshold is based upon the 1992 Bureau of

Mines Information Circular No. 9335, Blasting Hazards of Gold Mining in

Sulfide-Bearing Ore Bodies; MSHA's Investigation Report No. D7431-S949,

Investigation of Premature Detonations, Paradise Peak Mine, (December

10, 1991); and the IME Safety Library Publication No. 4, ``Warnings and

Instructions for Consumers in Transporting, Storing, Handling and Using

Explosive Materials,'' (March 1992), all of which suggest a hazardous

change in stability of explosives once temperatures reach this level.

Final paragraph (b) of Secs. 56/57.6905, as proposed, requires that

explosive material be protected from impact except for tamping and

dropping during loading, so long as operators comply with existing

requirements of Secs. 56/57.6304 for primer protection. For example,

large equipment used during the loading process may be capable of

exerting forcible impact onto detonating or initiating systems. Also,

the proximity of other mining activity may allow equipment to come in

contact with explosive loading equipment and explosive containers,

thereby exerting impact.

In the proposal, MSHA would have added a new requirement for

underground mines to address the hazard of freeing hang-ups in raises,

chutes and ore passes. To allow for this type of blasting, the proposal

would have permitted only detonating cord to initiate explosives placed

in raises, chutes, and ore passes to free hang-ups.

Commenters objected to the proposal as being too restrictive in

that it would limit commonly accepted methods of blasting and prohibit

application of new technological developments. These commenters stated

that the use of

[[Page 36793]]

detonating cord as proposed by MSHA may introduce inherent hazards such

as fire from the ignition of timber, loosening timber, or other

supports, contributing to flyrock, and loosening rib and back. Although

MSHA's experience with detonating cord has not resulted in these

hazards, the rulemaking record does not contain sufficient support to

finalize the proposal. Therefore, the final rule does not adopt the

proposal and will continue to permit current conventional practices for

freeing hang-ups, provided applicable MSHA safety standards for

explosives are followed. These standards, including the requirements of

the final rule, provide reasonable protection against unplanned

detonation of explosives during hang-up blasting.

Sections 56/57.6313 Blast Site Security and Sections 56/57.6306

Loading, Blasting, and Security

The final regulations address the hazard of unplanned detonation of

explosives and the presence of unauthorized persons within the blast

site, as well as moving vehicles or electrically-powered equipment

which could contact and detonate explosive material. The final rule

also protects persons working in the blast site from other mining

activities unrelated to loading explosives, which can interfere with

the loading process and increase the likelihood of an accident.

Existing paragraph (a) of Secs. 56/57.6306 prohibits vehicles and

other equipment from being driven over explosive material or initiating

systems. Existing paragraph (b) allows haulage activity near the base

of the highwall being loaded, if no other haulage access exists. MSHA

has incorporated existing requirements of Secs. 56/57.6313 on blast

site security into final Secs. 56/57.6306(a). Existing Secs. 56/57.6313

require that areas in which loading is suspended or loaded holes are

awaiting firing must be attended, barricaded and posted, or flagged

against unauthorized entry. The proposal would have revised and

expanded application of existing Secs. 56/57.6313 by requiring that

when explosive materials or initiating systems are brought to the blast

site, operators must either barricade and post, or flag the blast site

so that unauthorized or inadvertent entry is prevented. Most commenters

agreed with the proposal. One commenter objected, however, suggesting

that MSHA require identification of the blast site only when the blast

site is not attended.

Final Secs. 56/57.6306(a) adopts the proposal and includes one

revision consistent with existing Secs. 56/57.6313 regarding attending

the blast site. Under the final standard, operators must either attend;

barricade and post the blast site with warning signs; or flag the blast

site against unauthorized entry. MSHA has included in the final

standard some common examples of the content of warning signs used in

the mining industry. In no way does the Agency intend for these

examples to be an exclusive list. Operators may use other warning signs

for compliance with this provision provided these signs adequately

convey to persons that they are entering a hazardous area. MSHA's

experience is that these warning signs are universally accepted and are

consistent with DOT placards for explosive materials. Once explosives

or initiating systems are brought to the blast site, good safety

practices dictate that precautions be taken to prevent accidental

damage to explosive materials, which can lead to a misfire or

accidental detonation. Key among these precautions is delineating the

blast site to warn unauthorized persons of the presence of explosives.

The provisions of Secs. 56/57.6313 were intended to require mine

operators to alert other persons working at the mine during loading and

blasting operations of the blast site parameters to prevent

unauthorized or inadvertent entry onto the blast site. Particularly on

a large blast site, persons performing blast-related tasks, such as

loading explosives, would not be readily able to warn persons to keep

out of the blast site.

One commenter stated that the proposal would result in additional

costs to purchase warning signs to barricade, post or flag the blast

site. MSHA anticipates that the final rule will result in only nominal

cost increases to the mining industry because the posting requirement

of final paragraph (a) is an incorporation of existing Secs. 56/

57.6313, as explained above. Moreover, the final regulation gives

operators compliance flexibility by providing alternative methods on

how to demarcate the blast site. Under this final regulation, once

initiation systems are brought to the blast site, mine operators must

either: (1) attend the blast site; (2) barricade and post the blast

site with warning signs, such as ``Danger,'' ``Explosives,'' or ``Keep

Out;''; or (3) flag the blast site, to be in compliance with paragraph

(a).

In the final rule, existing paragraph (a) of Secs. 56/57.6306

becomes paragraph (b) with no substantive change.

Paragraph (c) of final Secs. 56/57.6306 restates the existing rule

and restricts persons from entering the blast site except those engaged

in surveying, stemming, sampling of geology, and reopening of holes.

The final rule, like the proposal, clarifies that haulage activity is

permitted near the base of surface highwalls or underground bench faces

being loaded or awaiting firing, where no other haulage access exists.

Final paragraph (d) of Secs. 56/57.6306 protects against the hazard

of periods in which the process of loading and firing explosives is

interrupted. In the proposal, MSHA would have added new requirements

for all mines to address the potential hazards posed by unauthorized

personnel entering a blast site where explosive materials are present.

The preamble discussion to the proposed rule stated that persons

unfamiliar with the blast site may throw lighted smoking materials into

a blast hole, disturb the initiation system, or kick material into a

hole--any one of which could contribute to a premature detonation.

Existing paragraph (c) requires that loading be continuous except

where adverse circumstances beyond the operator's control necessitate

an interruption in loading. Existing paragraph (e) requires that when

loading is completed and circuits are connected, operators must blast

without undue delay, unless adverse circumstances exist which are

beyond the operator's control. The existing standard also requires that

operators notify MSHA if such delay could exceed 72-hours. Existing

paragraphs (c) and (e) of Secs. 56/57.6306 are deleted by the final

rule. Hazards addressed under these existing provisions are covered

under the final rule in paragraph (d).

Proposed paragraph (d)(1) would have required mine operators to

continue the loading and firing process without interruption or undue

delay. MSHA gave examples of ``undue delay'' in the preamble discussion

to the proposed standard which included emergencies, unfavorable

atmospheric conditions, shift changes and large equipment failures.

Also, the proposal would have required operators to attend the mine to

prevent unauthorized entry into the blast site.

Commenters indicated that the proposed ``attended'' requirement was

confusing because it could be read to suggest that the physical

presence of an individual at the blast site is necessary, contrary to

MSHA's definition of the term ``attended.'' Commenters also requested

that MSHA clarify the meaning of ``undue delay'' with a list of

circumstances. Other commenters suggested that MSHA clarify that

examples listed in the preamble to the proposed standard are not the

only justifications for an interruption in the

[[Page 36794]]

loading process. In addition, commenters objected to the proposal and

to the preamble discussion by stating that past practices in the mining

industry have successfully provided protection when loading was

interrupted or blasting was delayed, and that no injuries or deaths

have been attributed to unattended explosives.

MSHA agrees that there have been no known deaths caused by loaded

explosives awaiting blasting. However, explosives technology literature

and experience confirm that caution, including reasonable security

measures, are appropriate. The final rule therefore adopts an updated

version of a previous explosives safety regulation, and continues to

permit longstanding practices at larger mining operations which take

several days to complete the loading and blasting process.

Final paragraph (d) requires that operators conduct loading and

blasting in a manner to facilitate a continuous process so that the

blast is fired as soon as possible. The final standard does not retain

the concept of ``undue delay,'' but retains the existing requirement to

notify MSHA of blasting delays beyond 72 hours. The final standard does

not include the proposed requirement that the mine be attended when

loading is interrupted or blasting is delayed. MSHA believes that

requiring mine operators to load and blast as soon as practicable

provides the measure of protection needed for miners by minimizing the

loading and blasting exposure time.

Paragraph (d)(2) of Secs. 56/57.6306 of the proposed standard would

have required that persons securing a blast site at a surface mine or

at the surface area of an underground mine withdraw from the blast site

during the approach and progress of an electrical storm. The proposal

also would have required that persons securing an underground blast

site using an electrical blasting system that is capable of being

initiated by lightning be withdrawn to a safe location.

Commenters objected to this proposal by stating that it was

duplicative of existing Secs. 56/57.6604, which provides for the

suspension of blasting operations and the withdrawal of persons from

the blast area to a safe location during the approach and progress of

an electrical storm. MSHA agrees that Secs. 56/57.6604 sufficiently

addresses the precautions necessary to protect miners from the danger

of accidental detonation caused by an electrical storm. Therefore, the

final rule does not adopt proposed Secs. 56/57.6306.

Paragraphs (f) and (g) of the final rule are unchanged from the

existing regulations. These final rules continue to require that

operators institute specific safety measures immediately prior to and

after the blasting process. Final paragraph (f) requires, among other

things, ample warning, clear escape routes from the blast area, and all

access to the blast area to be guarded or barricaded to prevent the

passage of persons or vehicles. Numerous accidents have occurred from

the failure to clear or prevent unauthorized entry to the blast area.

Final paragraph (g) requires post-blast examinations to minimize

hazards to persons who will perform subsequent work in the area.

``EXTRANEOUS ELECTRICITY''

Sections 56/57.6602 Static Electricity Dissipation During Loading

This standard addresses the hazard resulting from a buildup of

static electricity generated by pneumatic loading, which could cause

premature detonation of explosives.

Existing Secs. 56/57.6602 require that when explosive material is

loaded pneumatically or dropped into a blasthole in a manner that could

generate static electricity, an evaluation must be made of potential

static electricity hazards and the hazard must be eliminated before

loading begins. The standard prohibits the use of wire-countered hoses

and plastic tube hole liners where their use could generate static

electricity in an amount sufficient to initiate a detonator.

Following publication of the existing rule, MSHA received technical

information from commenters suggesting that the scope of the standard

is too broad. The term ``dropping'' encompasses dropping, pouring, or

augering explosive materials into blastholes, activities which are

performed at a low velocity. As a result, insufficient static

electricity is generated to initiate a detonator, and therefore, does

not pose a serious hazard. In the proposal, MSHA narrowed the

application of this standard by deleting the term ``dropping'' from the

text of existing Secs. 56/57.6602.

In response to the proposed revision, a number of commenters

indicated that the rule would still include activities which would not

generate sufficient static electricity to initiate a detonator. These

commenters indicated that the amount of energy required to initiate a

detonator should be well-known by the blaster in charge and that

blaster is in the best position to make the determination as to when

precautions are necessary.

The final rule adopts this approach and requires that certain

precautions be taken only when there is a static electricity hazard.

IV. Executive Order 12866 and the Regulatory Flexibility Act

Executive Order 12866 requires that regulatory agencies assess both

the costs and benefits of intended regulations. MSHA has determined

that this rulemaking is not a significant regulatory action and,

therefore, has not prepared a separate analysis of costs and benefits.

The Regulatory Flexibility Act requires regulatory agencies to consider

a rule's impact on small entities. For the purpose of the Regulatory

Flexibility Analysis, MSHA defines a small entity as an operation

employing fewer than 20 employees. This final rule would not have a

significant economic impact on a substantial number of small entities.

The analysis contained in this preamble meets MSHA's responsibilities

under Executive Order 12866 and the Regulatory Flexibility Act.

Under the January 5, 1995, proposed rule (60 FR 1866), MSHA

estimated that the total annual recurring cost impact would have been

about $70,000. All of these costs were attributable to proposed

Secs. 56/57.6306(d)(1) which would have required the blast site to be

attended if loading was interrupted or firing of the blast was delayed

for any reason. MSHA recognizes that it is a safe practice to

continuously load explosives and fire them promptly; however,

interruptions in loading and delays in firing do occur, particularly in

large mining operations. This final rule, therefore, will retain the

existing requirements that permit reasonable interruptions in the

loading process and require notification to MSHA if blasting of a

loaded round will be delayed for more than 72 hours. MSHA estimates

that this provision affects fewer than 10 mines annually, but that the

mining industry will not incur any additional costs resulting from

MSHA's retention of the existing requirements.

The final rule eliminates existing Secs. 56/57.6313 and

incorporates these requirements for blast site security as Secs. 56/

57.6306(a) which require that the blast site be attended; barricaded

and posted with warning signs, such as ``Danger,'' ``Explosives,'' or

``Keep Out;'' or flagged against unauthorized entry, when explosives or

initiating systems are present. MSHA estimates that final Secs. 56/

57.6306(a) would affect about 15 small and 60 large mines annually.

MSHA anticipates that these provisions primarily would affect quarries;

open pit mines, except for certain operations which do not use

explosives, such as clay mines and phosphate mines; and large

underground mines. MSHA does

[[Page 36795]]

not expect small underground mines to be affected as these operations

would rarely, if ever, experience the need to leave the blast site

unattended when explosive materials or initiating systems are present.

Sand and gravel operations and mills rarely blast, and then the blast

site is likely to be a single charge, such as that needed to break a

large boulder.

Although the scope of this requirement is expanded from when

loading is suspended or firing is delayed to apply whenever explosive

materials or initiating systems are present at the blast site, MSHA

experience is that it is common industry practice to have the blast

site attended when explosive materials or initiating systems are

delivered and while loading is in progress. Final Secs. 56/57.6306(a)

address blast site security when explosives are being used. When

explosive materials or initiating systems are not being used, other

MSHA standards require that they be secured in magazines or other

appropriate explosive materials storage facilities. On occasion,

however, circumstances, such as delays in loading or firing, may

require the blast site to be left unattended when explosive materials

are present. In such situations, MSHA expects that mine operators would

choose to barricade and post with warning signs, such as ``Danger,''

``Explosives,'' or ``Keep Out,'' or flag the blast site against

unauthorized entry, rather than attend the blast site. One commenter

stated that the proposal would result in additional costs to purchase

warning signs to barricade, post, or flag the blast site. As this is

required under existing Secs. 56/57.6313, no new costs are required for

compliance with the final rule. MSHA, therefore, has not included an

additional cost for this provision in the Regulatory Flexibility

Analysis.

V. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995, Pub. L. 104-

4, requires each Federal agency to assess the effects of Federal

regulatory actions on state, local, and tribal governments and the

private sector, other than to the extent such actions merely

incorporate requirements specifically set forth in a statute. The

Agency has determined that this final rule does not impose an unfunded

mandate on state and local governments or tribal entities.

List of Subjects in 30 CFR Parts 56 and 57

Explosives, Incorporation by reference, Mine safety and health,

Reporting and recordkeeping requirements.

Dated: June 26, 1996.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and Health.

Parts 56 and 57, subchapter N, chapter I, title 30 of the Code of

Federal Regulations are amended as follows:

PART 56--[AMENDED]

1. The authority citation for part 56 is revised to read as

follows:

Authority: 30 U.S.C. 811.

2. Effective September 10, 1996, subpart E of part 56 is revised to

read as follows:

Subpart E--Explosives

Sec.

56.6000 Definitions.

STORAGE

56.6100 Separation of stored explosive material.

56.6101 Areas around explosive material storage facilities.

56.6102 Explosive material storage practices.

56.6130 Explosive material storage facilities.

56.6131 Location of explosive material storage facilities.

56.6132 Magazine requirements.

56.6133 Powder chests.

TRANSPORTATION

56.6200 Delivery to storage or blast site areas.

56.6201 Separation of transported explosive material.

56.6202 Vehicles.

56.6203 Locomotives.

56.6204 Hoists.

56.6205 Conveying explosives by hand.

USE

56.6300 Control of blasting operations.

56.6301 Blasthole obstruction check.

56.6302 Separation of explosive material.

56.6303 Initiation preparation.

56.6304 Primer protection.

56.6305 Unused explosive material.

56.6306 Loading, blasting, and security.

56.6307 Drill stem loading.

56.6308 Initiation systems.

56.6309 Fuel oil requirements for ANFO.

56.6310 Misfire waiting period.

56.6311 Handling of misfires.

56.6312 Secondary blasting.

ELECTRIC BLASTING

56.6400 Compatibility of electric detonators.

56.6401 Shunting.

56.6402 Deenergized circuits near detonators.

56.6403 Branch circuits.

56.6404 Separation of blasting circuits from power source.

56.6405 Firing devices.

56.6406 Duration of current flow.

56.6407 Circuit testing.

NONELECTRIC BLASTING

56.6500 Damaged initiating material.

56.6501 Nonelectric initiation systems.

56.6502 Safety fuse.

EXTRANEOUS ELECTRICITY

56.6600 Loading practices.

56.6601 Grounding.

56.6602 Static electricity dissipation during loading.

56.6603 Air gap.

56.6604 Precautions during storms.

56.6605 Isolation of blasting circuits.

EQUIPMENT/TOOLS

56.6700 Nonsparking tools.

56.6701 Tamping and loading pole requirements.

MAINTENANCE

56.6800 Storage facilities.

56.6801 Vehicle repair.

56.6802 Bulk delivery vehicles.

56.6803 Blasting lines.

GENERAL REQUIREMENTS

56.6900 Damaged or deteriorated explosive material.

56.6901 Black powder.

56.6902 Excessive temperatures.

56.6903 Burning explosive material.

56.6904 Smoking and open flames.

57.6905 Protection of explosive material.

Subpart E--Explosives

Sec. 56.6000 Definitions.

The following definitions apply in this subpart.

Attended. Presence of an individual or continuous monitoring to

prevent unauthorized entry or access.

Barrier. A material object, or objects that separates, keeps apart,

or demarcates in a conspicuous manner such as cones, a warning sign, or

tape.

Blast area. The area in which concussion (shock wave), flying

material, or gases from an explosion may cause injury to persons. In

determining the blast area, the following factors shall be considered:

(1) Geology or material to be blasted.

(2) Blast pattern.

(3) Burden, depth, diameter, and angle of the holes.

(4) Blasting experience of the mine.

(5) Delay system, powder factor, and pounds per delay.

(6) Type and amount of explosive material.

(7) Type and amount of stemming.

Blast site. The area where explosive material is handled during

loading, including the perimeter formed by the loaded blastholes and 50

feet (15.2 meters) in all directions from loaded holes. A minimum

distance of 30 feet (9.1 meters) may replace the 50-foot (15.2-meter)

requirement if the perimeter of loaded holes is demarcated with a

barrier. The 50-foot (15.2-meter) and alternative 30-foot (9.1-meter)

[[Page 36796]]

requirements also apply in all directions along the full depth of the

hole.

Blasting agent. Any substance classified as a blasting agent by the

Department of Transportation in 49 CFR 173.114a(a). This document is

available at any MSHA Metal and Nonmetal Safety and Health district

office.

Detonating cord. A flexible cord containing a center core of high

explosives which may be used to initiate other explosives.

Detonator. Any device containing a detonating charge used to

initiate an explosive. These devices include electric or nonelectric

instantaneous or delay blasting caps and delay connectors. The term

``detonator'' does not include detonating cord. Detonators may be

either ``Class A'' detonators or ``Class C'' detonators, as classified

by the Department of Transportation in 49 CFR 173.53, and 173.100. This

document is available at any MSHA Metal and Nonmetal Safety and Health

district office.

Emulsion. An explosive material containing substantial amounts of

oxidizers dissolved in water droplets, surrounded by an immiscible

fuel.

Explosive. Any substance classified as an explosive by the

Department of Transportation in 49 CFR 173.53, 173.88, and 173.100.

This document is available at any MSHA Metal and Nonmetal Safety and

Health district office.

Explosive material. Explosives, blasting agents, and detonators.

Flash point. The minimum temperature at which sufficient vapor is

released by a liquid to form a flammable vapor-air mixture near the

surface of the liquid.

Igniter cord. A fuse that burns progressively along its length with

an external flame at the zone of burning, used for lighting a series of

safety fuses in a desired sequence.

Laminated partition. A partition composed of the following material

and minimum nominal dimensions: \1/2\-inch-thick plywood, \1/2\-inch-

thick gypsum wallboard, \1/8\-inch-thick low carbon steel, and \1/4\-

inch-thick plywood, bonded together in that order (IME-22 Box). A

laminated partition also includes alternative construction materials

described in the Institute of Makers of Explosives (IME) Safety Library

Publication No. 22, ``Recommendations for the Safe Transportation of

Detonators in a Vehicle with other Explosive Materials,'' (May 1993),

and the ``Generic Loading Guide for the IME-22 Container,'' (October

1993). This incorporation by reference has been approved by the

Director of the Federal Register in accordance with 5 U.S.C. 552(a) and

1 CFR part 51. Copies are available at MSHA, 4015 Wilson Boulevard,

Room 728, Arlington, VA 22203, and at all Metal and Nonmetal Mine

Safety and Health district offices, or available for inspection at the

Office of the Federal Register, 800 North Capitol Street, NW., 7th

Floor, suite 700, Washington, DC.

Loading. Placing explosive material either in a blasthole or

against the material to be blasted.

Magazine. A bullet-resistant, theft-resistant, fire-resistant,

weather-resistant, ventilated facility for the storage of explosives

and detonators (BATF Type 1 or Type 2 facility).

Misfire. The complete or partial failure of explosive material to

detonate as planned. The term also is used to describe the explosive

material itself that has failed to detonate.

Multipurpose dry-chemical fire extinguisher. An extinguisher having

a rating of at least 2-A:10-B:C and containing a nominal 4.5 pounds or

more of dry-chemical agent.

Primer. A unit, package, or cartridge of explosives which contains

a detonator and is used to initiate other explosives or blasting

agents.

Safety switch. A switch that provides shunt protection in blasting

circuits between the blast site and the switch used to connect a power

source to the blasting circuit.

Slurry. An explosive material containing substantial portions of a

liquid, oxidizers, and fuel, plus a thickener.

Storage facility. The entire class of structures used to store

explosive materials. A ``storage facility'' used to store blasting

agents corresponds to a BATF Type 4 or 5 storage facility.

Water gel. An explosive material containing substantial portions of

water, oxidizers, and fuel, plus a cross-linking agent.

STORAGE

Sec. 56.6100 Separation of stored explosive material.

(a) Detonators shall not be stored in the same magazine with other

explosive material.

(b) When stored in the same magazine, blasting agents shall be

separated from explosives, safety fuse, and detonating cord to prevent

contamination.

Sec. 56.6101 Areas around explosive material storage facilities.

(a) Areas surrounding storage facilities for explosive material

shall be clear of rubbish, brush, dry grass, and trees for 25 feet in

all directions, except that live trees 10 feet or taller need not be

removed.

(b) Other combustibles shall not be stored or allowed to accumulate

within 50 feet of explosive material. Combustible liquids shall be

stored in a manner that ensures drainage will occur away from the

explosive material storage facility in case of tank rupture.

Sec. 56.6102 Explosive material storage practices.

(a) Explosive material shall be--

(1) Stored in a manner to facilitate use of oldest stocks first;

(2) Stored according to brand and grade in such a manner as to

facilitate identification; and

(3) Stacked in a stable manner but not more than 8 feet high.

(b) Explosives and detonators shall be stored in closed

nonconductive containers except that nonelectric detonating devices may

be stored on nonconductive racks provided the case-insert instructions

and the date-plant-shift code are maintained with the product.

Sec. 56.6130 Explosive material storage facilities.

(a) Detonators and explosives shall be stored in magazines.

(b) Packaged blasting agents shall be stored in a magazine or other

facility which is ventilated to prevent dampness and excessive heating,

weather-resistant, and locked or attended. Drop trailers do not have to

be ventilated if they are currently licensed by the Federal, State, or

local authorities for over-the-road use. Facilities other than

magazines used to store blasting agents shall contain only blasting

agents.

or tanks which are locked, attended, or otherwise inaccessible to

unauthorized entry.

(d) Facilities, bins or tanks shall be posted with the appropriate

United States Department of Transportation placards or other

appropriate warning signs that indicate the contents and are visible

from each approach.

Sec. 56.6131 Location of explosive material storage facilities.

(a) Storage facilities for any explosive material shall be--

(1) Located so that the forces generated by a storage facility

explosion will not create a hazard to occupants in mine buildings and

will not damage dams or electric substations; and

(2) Detached structures located outside the blast area and a

sufficient distance from powerlines so that the powerlines, if damaged,

would not contact the magazines.

[[Page 36797]]

(b) Operators should also be aware of regulations affecting storage

facilities in 27 CFR part 55, in particular, 27 CFR 55.218 and 55.220.

This document is available at any MSHA Metal and Nonmetal Safety and

Health district office.

Sec. 56.6132 Magazine requirements.

(a) Magazines shall be--

(1) Structurally sound;

(2) Noncombustible or the exterior covered with fire-resistant

material;

(3) Bullet resistant;

(4) Made of nonsparking material on the inside;

(5) Ventilated to control dampness and excessive heating within the

magazine;

(6) Posted with the appropriate United States Department of

Transportation placards or other appropriate warning signs that

indicate the contents and are visible from each approach, so located

that a bullet passing through any of the signs will not strike the

magazine;

(7) Kept clean and dry inside;

(8) Unlighted or lighted by devices that are specifically designed

for use in magazines and which do not create a fire or explosion

hazard;

(9) Unheated or heated only with devices that do not create a fire

or explosion hazard;

(10) Locked when unattended; and

(11) Used exclusively for the storage of explosive material except

for essential nonsparking equipment used for the operation of the

magazine.

(b) Metal magazines shall be equipped with electrical bonding

connections between all conductive portions so the entire structure is

at the same electrical potential. Suitable electrical bonding methods

include welding, riveting, or the use of securely tightened bolts where

individual metal portions are joined. Conductive portions of nonmetal

magazines shall be grounded.

of the magazine.

Sec. 56.6133 Powder chests.

(a) Powder chests (day boxes) shall be--

(1) Structurally sound, weather-resistant, equipped with a lid or

cover, and with only nonsparking material on the inside;

(2) Posted with the appropriate United States Department of

Transportation placards or other appropriate warning signs that

indicate the contents and are visible from each approach;

(3) Located out of the blast area once loading has been completed;

(4) Locked or attended when containing explosive material; and

(5) Emptied at the end of each shift with the contents returned to

a magazine or other storage facility, or attended.

(b) Detonators shall be kept in chests separate from explosives or

blasting agents, unless separated by 4-inches of hardwood or

equivalent, or a laminated partition. When a laminated partition is

used, operators must follow the provisions of the Institute of Makers

of Explosives (IME) Safety Library Publication No. 22,

``Recommendations for the Safe Transportation of Detonators in a

Vehicle with other Explosive Materials,'' (May 1993), and the ``Generic

Loading Guide for the IME-22 Container,'' (October 1993). This

incorporation by reference has been approved by the Director of the

Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

Copies are available at MSHA, 4015 Wilson Boulevard, Room 728,

Arlington, VA 22203, and at all Metal and Nonmetal Mine Safety and

Health district offices, or available for inspection at the Office of

the Federal Register, 800 North Capitol Street, NW., 7th Floor, suite

700, Washington, DC.

TRANSPORTATION

Sec. 56.6200 Delivery to storage or blast site areas.

Explosive material shall be transported without undue delay to the

storage area or blast site.

Sec. 56.6201 Separation of transported explosive material.

Detonators shall not be transported on the same vehicle or

conveyance with other explosives except as follows:

(a) Detonators in quantities of more than 1000 may be transported

in a vehicle or conveyance with explosives or blasting agents provided

the detonators are--

(1) Maintained in the original packaging as shipped from the

manufacturer; and

(2) Separated from explosives or blasting agents by 4-inches of

hardwood or equivalent, or a laminated partition. The hardwood or

equivalent shall be fastened to the vehicle or conveyance. When a

laminated partition is used, operators must follow the provisions of

the Institute of Makers of Explosives (IME) Safety Library Publication

No.22, ``Recommendations for the Safe Transportation of Detonators in a