Category placement or change in placement.

§ 57.22004 Category placement or change in placement. The Administrator for Metal and Nonmetal Mine Safety and Health (Administrator) shall be responsible for category and subcategory placement, change in placement, and notification of placement of mines. (a) The Administrator's proposed notice of placement or change in placement shall be sent to the mine operator and the appropriate representative of miners and shall include— (1) The category or subcategory; (2) The reasons for placement or change in placement; (3) The data considered; (4) The applicable standards and a time schedule for the mine operator to achieve compliance; (5) Whether or not conditions encountered during primary or access development are transient or permanent; and (6) Notification of the right to appeal the Administrator's determination under § 57.22005. (b) The operator or the representative of the miners shall have the right to request of the Administrator reassignment of the mine to a more appropriate category or subcategory if, based on operating experience, the conditions set forth in § 57.22003(b) indicate that the hazards of methane exist under circumstances more appropriately governed by a different category or subcategory. In response to such a request, the procedures set forth in paragraph (d) of this section shall apply. While the request for category or subcategory reassignment is pending, the mine shall continue to operate under the standards for the category or subcategory to which originally assigned. (c) MSHA shall be notified as soon as possible if any of the following events occur: (1) An outburst that results in 0.25 percent or more methane in the mine atmosphere; (2) A blowout that results in 0.25 percent or more methane in the mine atmosphere; (3) An ignition of methane; or (4) Air sample results that indicate 0.25 percent or more methane in the mine atmosphere of a Subcategory I-B, I-C, II-B, V-B or Category VI mine. (d) The Administrator shall promptly appoint an MSHA committee to investigate occurrences reported in accordance with paragraph (c) of this section or requests filed in accordance with paragraph (b) of this section. Upon completion of an investigation, the committee shall make a written report of the findings. These investigations may include an evaluation of the following: (1) Source, nature, and extent of occurrences; (2) Conditions under which the incident occurred; (3) Samples and tests; (4) Physical conditions at the time of the occurrence; (5) Charts, logs, and records related to the occurrence; (6) Whether the occurrence is isolated, continuous, or could recur; (7) Conditions indicating that the hazards of methane no longer exist or exist under circumstances more appropriately governed by a different category or subcategory; (8) The geology of the mine and the geological area in which the mine is located; and (9) Statements by witnesses, company officials, employees, and other persons having knowledge of the mine or the occurrence. Representatives of the mine operator, the miners and the appropriate State agency may participate in the investigation. [52 FR 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987; 60 FR 33722, June 29, 1995]