[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR49.4]

[Page 238-239]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 49--MINE RESCUE TEAMS--Table of Contents
 
Sec. 49.4  Alternative mine rescue capability for special mining conditions.

    (a) If an underground mine is operating under special mining 
conditions, the operator may provide an alternative mine rescue 
capability.
    (b) An application for alternative mine rescue capability shall be 
submitted to the District Manager for the district in which the mine is 
located for review and approval.
    (c) To be considered ``operating under special mining conditions,'' 
the operator must show that all of the following conditions are present:
    (1) The mine has multiple adits or entries;
    (2) The mined substance is noncombustible and the mining atmosphere 
nonexplosive;
    (3) There are multiple vehicular openings to all active mine areas, 
sufficient to allow fire and rescue vehicles full access to all parts of 
the mine in which miners work or travel;
    (4) Roadways or other openings are not supported or lined with 
combustible materials;
    (5) The mine shall not have a history of flammable-gas emission or 
accumulation, and the mined substance shall not have a history 
associated with flammable or toxic gas problems; and
    (6) Any reported gas or oil well or exploratory drill hole shall be 
plugged to within 100 feet above and below the horizon of the ore body 
or seam.
    (d) Each application shall contain:
    (1) An explanation of the special mining conditions;
    (2) The number of miners employed underground at the mine on each 
shift;
    (3) The distances from the two nearest mine rescue stations;
    (4) The operator's mine fire history;
    (5) The operator's established escape and evacuation plan;
    (6) The operator's alternative plan for assuring that a suitable 
mine rescue capability is provided at all times when miners are 
underground; and
    (7) Other relevant information about the operator's mine which may 
be requested by the District Manager.
    (e) A copy of the operator's application shall be posted at the 
mine. Where a miners' representative has been designated, the operator 
shall also provide the representative with a copy of the application.
    (f) In determining whether to approve an application for alternative 
compliance, the District Manager shall consider:
    (1) The individual circumstances of the mine operating under special 
mining conditions;
    (2) Comments submitted by, or on behalf of, any affected miner; and
    (3) Whether the alternative mine rescue plan provides a suitable 
rescue capability at the operator's mine.
    (g) Where alternative compliance is approved by MSHA the operator 
shall adopt the alternative plan and post a copy of the approved plan 
(with appropriate MSHA mine emergency telephone numbers) at the mine for 
the miners' information. Where a miners' representative has been 
designated, the operator shall also provide the representative with a 
copy of the alternative plan.
    (h) The operator shall notify the District Manager of any changed 
condition

[[Page 239]]

or factor materially affecting information submitted in the application 
for alternative mine rescue capability.
    (i)(1) An approved plan for alternative mine rescue capability shall 
be subject be to revocation or modification by MSHA, where it is 
determined that a condition or factor has changed which would materially 
alter the operator's mine rescue capability. If such action is 
contemplated, the operator will be notified and given an opportunity to 
be heard before the appropriate District Manager.
    (2) If an application for alternative compliance is denied or 
revoked, the District Manager shall provide the reason for such denial 
or revocation in writing to the operator. The operator may appeal this 
decision in writing to the Administrator for Coal Mine Safety and Health 
or the Administrator for Metal and Nonmetal Mine Safety and Health, as 
appropriate, 1100 Wilson Blvd., Room 2424 (Coal) or Room 2436 (Metal and 
Nonmetal), Arlington, Virginia 22209-3939.

[45 FR 47002, July 11, 1980, as amended at 67 FR 38385, June 4, 2002]