FEDERAL REGISTER: 51 FR 19444 (May 29, 1986)

DEPARTMENT OF THE INTERIOR

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM)

30 CFR Parts 750, 816, 817, 900, 910, 912, 921, 922, 933, 937, 939, 941, 942, 947 and 955

General Requirements for Surface Coal Mining and Reclamation Operations on Indian Lands; 

Permanent Regulatory Program – Use of Explosives: General Requirements; 

Programs for the Conduct of Surface Mining Operations Within Each State; 

Certification of Blasters in Federal Program States and on Indian Lands

ACTION: Final rule. 

SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) of the U.S. Department of the 

Interior (DOI) is amending its rules on the use of explosives, and adding a new rule on the certification of blasters in 

Federal program States and on Indian lands. OSM also is revising its rules on Federal programs for States and on the 

Indian lands program to reference the new rule on the certification of blasters. 

 This rule adds similar provisions to the existing OSM rules on the use of explosives in surface and underground coal 

mining operations. It requires any blaster responsible for conducting blasting operations at a blasting site to be familiar 

with certain information, and to give direction and on-the-job training to persons who are not certified and who are 

assigned to the basting crew or assist in the use of explosives. In addition, it deletes from the previous rule on 

underground mining the requirement that persons responsible for blasting operations at a blasting site be familiar with the 

blasting plan. 

 This rule also adds a new part governing the training, examination and certification of blasters in Federal program 

States and on Indian lands. It covers the issuance, renewal, reissuance, suspension and revocation of an OSM blaster 

certification, replacement of a lost or destroyed certificate, and reciprocity to a holder of a certificate issued by a State 

regulatory authority. In addition, references to this new rule are added to the Indian lands program and to each Federal 

program for a State. 

EFFECTIVE DATE: June 30, 1986. 

FOR FURTHER INFORMATION CONTACT: Arthur Anderson, Office of Surface Mining, U.S. Department of the 

Interior, 1951 Constitution Avenue, NW., Washington, DC 20240; Telephone: (202) 343-1504 (Commercial or FTS). 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Final Rule and Responses to Public Comments on Proposed Rule 

III. Procedural Matters 

 

I. BACKGROUND 

 

REQUIREMENT OF 30 CFR PART 850 

 The OSM rules at 30 CFR Chapter VII, Subchapter M, govern the training, examination and certification of blasters. 

Part 850 of Subchapter M, 44 FR 9492 (March 4, 1983), establishes requirements and procedures applicable to the 

development of regulatory programs for these functions. 

 Section 850.12 of Part 850 provides that "[t]he regulatory authority is responsible for promulgating rules governing 

the training, examination, certification and enforcement of a blaster certification program for surface coal mining 

operations." Subsequent sections of Part 850 require that this blaster certification program include specified procedures. 

 As the regulatory authority in States with a Federal program for the regulation of surface coal mining operations, and 

on Indian lands, OSM is promulgating this final rule to comply with these requirements of Part 850 for Federal program 

States and Indian Lands. 
 

HISTORY OF RULE 

 The proposed rule was published on September 11, 1984. 49 FR 35714. A notice correcting the public comment 

period and hearing dates was published on September 25, 1984. 49 FR 37641. The public comment period was extended, 

a public meeting and a public hearing were announced, and several public hearings were cancelled by a notice published 

on November 19, 1984. 49 FR 45595. 

 The public comment period closed on November 29, 1984. OSM received comments on the proposed rule from 6 

individuals and organizations. One request was received for a public meeting, and one for a public hearing, which were 

held on November 26 and 27, 1984, respectively, in Olympia, Washington. The public comments and a transcript of the 

public hearing are on file in the administrative record for this rule in the OSM Administrative Record Room, Room 5124, 

1100 L Street, NW., Washington, DC. 

II. FINAL RULE AND RESPONSES TO PUBLIC COMMENTS ON PROPOSED RULE 

 The following text, which describes this final rule and responds to the public comments OSM received on the 

proposed rule, is organized by the part and section numbers of the affected provisions. Grammatical or stylistic changes 

that do not affect the substance of this final rule are not discussed. 

 In this final rule, proposed Part 855 has been moved from Subchapter M to Subchapter T and redesignated as Part 

955. This was done to prevent misinterpretation of this part as establishing permanent program requirements that apply 

to State regulatory programs. Because proposed Part 855 was located in Subchapter M, which also includes existing Part 

850, and because Part 850 Sets out permanent program requirements that apply to State regulatory programs, there 

existed the possibility that Part 855, through proximity with Part 850, might be misinterpreted as also establishing 

permanent program requirements applicable to State regulatory programs. OSM wishes to emphasize that Part 955 does 

not set standards for State regulatory programs, but applies only in Federal program States and on Indian lands. 

 This final rule includes a number of provisions that did not appear in the proposed rule. The new provisions affect 

Parts 750, 900, 910, 912, 921, 922, 933, 937, 939, 941, 942 and 947, which set out the programs governing surface coal 

mining and reclamation operation in Federal program States and Indian lands. The new provisions merely add to these 

Federal and Indian lands programs direct references to the blaster certification requirements of Part 955. These 

provisions are essentially technical, and within the purview of what was proposed. 

PART 750 -- REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS ON 

INDIAN LANDS 

 

SECTION 750.19 - CERTIFICATION OF BLASTERS. 

 Existing Sec. 750.19, which previously required compliance with the forthcoming "Federally-administered blaster 

certification programs" is revised to reference specifically the corresponding provisions of this final rule at 30 CFR Part 

955. 

PART 816 -- PERMANENT PROGRAM PERFORMANCE STANDARDS -- SURFACE MINING 

ACTIVITIES 

 

SECTION 816.61 - USE OF EXPLOSIVES: GENERAL REQUIREMENTS. 

SECTION 816.61(c)(4) 

 Section 816.61(c)(4) requires any blaster who is responsible for conducting blasting operations at a blasting site to be 

familiar with the blasting plan and site-specific performance standards, and to give direction and on-the-job training to 

persons who are not certified and who are assigned to the blasting crew or assist in the use of explosives. 

 While proposed Sec. 816.61(c)(4) was directed at any "person responsible for blasting operations at a blasting site," 

this final rule is directed at any "blaster who is responsible for conducting blasting operations." The revised wording 
reflects the fact, which was implicit in the proposed rule, that the person responsible for blasting operations at a blasting

site is the blaster who is conducting blasting operations. The revised wording follows from the requirement of existing 

Sec. 816.61(c)(1) that "all blasting operations . . . shall be conducted under the direction of a certified blaster," and of 

existing Sec. 816.61(c)(3) that "[a] blaster . . . shall be present at the firing of a blast." 

 Proposed Sec. 816.61(c)(ii) would have explicitly specified that the person responsible for blasting operations at a 

blasting site must have a current blaster certificate. This provision was deleted from this final rule as redundant in view of 

the added reference to a blaster in the introductory language of the paragraph. Under Sec. 850.5 of this chapter a blaster 

by definition must be "certified under this part," so the proposed language is unnecessary. 

PREEMPTION OF STATE LAW 

 Several commenters asked OSM to explain whether the Act or this rule preempts any State law or regulation that 

otherwise would apply to persons who store, transport or use explosives in surface coal mining operations. Under 30 

730.11(a) this rule will preempt only that State law or regulation which is inconsistent with, or precludes implementation 

of, the requirements of the Act or 30 CFR Chapter VII, which includes this rule. In either case the Secretary must follow 

the procedures specified in Sec. 730.11(a) and identify the specific law or regulation. 

 Given the variety of State laws and regulations that apply to the storage, transportation or use of explosives in surface 

coal mining operations, it is not possible to predict which of them the Act or this rule might preempt. In any event, no 

State law or regulation will be preempted until it formally is identified as such by the Secretary. 

SECTION 816.61(c)(4)(ii) 

 Section 850.13(a)(2) of 30 CFR requires the regulatory authority to establish procedures to insure the persons who 

are not certified and who are assigned to a blasting crew or assist in the use of explosives receive direction and on-the-job 

training from a blaster. The logical place to implement this requirement is in Sec. 816.61, which contains general 

requirements governing the use of explosives. 

 Since the ultimate responsibility for providing on-the-job training necessarily lies with the blaster at the blasting site, 

this rule adds a new Sec. 816.61(c)(4)(ii), which requires any blaster who is responsible for conducting blasting 

operations at a blasting site to give direction and on-the-job training to persons who are not certified and who are 

assigned to the blasting crew or assist in the use of explosives. 

PART 817 -- PERMANENT PROGRAM PERFORMANCE STANDARDS -- UNDERGROUND MINING 

ACTIVITIES 

 

SECTION 817.61 - USE OF EXPLOSIVES: GENERAL REQUIREMENTS. 

SECTION 817.61(c)(4) 

 Section 817.61(c), which governs underground mining activities, contains provisions similar to those of Sec. 

816.61(c), which governs surface mining activities. This rule revises Sec. 817.61(c)(4) in the same way and for the same 

reasons as discussed previously for Sec. 816.61(c)(4). 

 In addition, this rule revises Sec. 817.61(c)(4) by deleting the previous requirement that persons responsible for 

blasting operations at a blasting site be familiar with "the blasting plan." The reference to a blasting plan was included in 

Sec. 817.61(c)(4) inadvertently when two similarly worded rules were promulgated concerning the use of explosives for 

surface and underground mining activities. 48 FR 9486 (March 4, 1983). However, as was explained in the preamble to 

the related final rule at 30 CFR 780.13(a), a blasting plan is not required for the underground mining activities governed 

by Sec. 817.61. 48 FR 9789 (March 8, 1983). Therefore, this rule deletes from Sec. 817.61(c)(4) the previous incorrect 

reference to a blasting plan. 

 
PART 900 -- INTRODUCTION 

 Part 900 is an introduction to the State and Federal programs set out in subsequent parts of Subchapter T for the 

conduct of surface mining operations within each State. This final rule revises Sections 900.1, 900.11 and 900.13 of Part 

900 to include references to new Part 955, which this final rule adds to Subchapter T. In addition, the previous wording 

of Sections 900.11 and 900.13 is revised somewhat to improve its clarity with no intended change in substance. 

PART 910 -- GEORGIA 

 Part 910, which sets out the Federal program for the State of Georgia, is revised by adding a new Section 910.955 to 

reference Part 955 as applying to the training, examination and certification of blasters for surface coal mining and 

reclamation operations in that State. 

 

PART 912 -- IDAHO 

 Part 912, which sets out the Federal program for the State of Idaho, is revised by adding a new Section 912.955 to 

reference Part 955 as applying to the training, examination and certification of blasters for surface coal mining and 

reclamation operations in that State. 

 

PART 921 -- MASSACHUSETTS 

 Part 921, which sets out the Federal program for the State of Massachusetts, is revised by adding a new Section

921.955 to reference Part 955 as applying to the training, examination and certification of blasters for surface coal mining 

and reclamation operations in that State. In addition, existing Section 922.850, which is superseded by Section 921.955, 

is removed. 

 

PART 922 -- MICHIGAN 

 Part 922, which sets out the Federal program for the State of Michigan, is revised by adding a new Section 921.955 to 

reference Part 955 as applying to the training, examination and certification of blasters for surface coal mining and 

reclamation operations in that State. 

 

PART 933 -- NORTH CAROLINA 

 Part 933, which sets out the Federal program for the State of North Carolina, is revised by adding a new Section

933.955 to reference Part 955 as applying to the training, examination and certification of blasters for surface coal mining 

and reclamation operations in that State. In addition, existing Section 933.850, which is superseded by Section 933.955, 

is removed. 

 

PART 937 -- OREGON 

 Part 937, which sets out the Federal program for the State of Oregon, is revised by adding a new Section 937.955 to 

reference Part 955 as applying to the training, examination and certification of blasters for surface coal mining and 

reclamation operations in that State. 

 

PART 939 -- RHODE ISLAND 

 Part 939, which sets out the Federal program for the State of Rhode Island, is revised by adding a new Section

939.955 to reference Part 955 as applying to the training, examination and certification of blasters for surface coal mining 

and reclamation operations in that State. In addition, existing Section 939.850, which is superseded by Section 939.955, 

is removed. 

 

PART 941 -- SOUTH DAKOTA 

 Part 941, which sets out the Federal program for the State of South Dakota, is revised by adding a new Section

941.955 to reference Part 955 as applying to the training, examination and certification of blasters for surface coal mining 
and reclamation operations in that State. 

 

PART 942 -- TENNESSEE 

 Part 942, which sets out the Federal program for the State of Tennessee, is revised by adding a new Section 942.955 

to reference Part 955 as applying to the training, examination and certification of blasters for surface coal mining and 

reclamation operations in that State. In addition, existing Section 942.855, which incorrectly references non-existent Part 

855, is removed. 

 

PART 947 -- WASHINGTON 

 Part 947, which sets out the Federal program for the State of Washington, is revised by adding a new Section 947.955 

to reference Part 955 as applying to the training, examination and certification of blasters for surface coal mining and 

reclamation operations in that State. In addition, existing Section 947.850, which is superseded by Section 947.955, is 

removed. 

PART 955 -- CERTIFICATION OF BLASTERS IN FEDERAL PROGRAM STATES AND ON INDIAN 

LANDS 

 As noted previously in the introduction to this portion of the preamble, proposed Part 855 was moved from 

Subchapter M to Subchapter T and redesignated as final Part 955. Thus, the comments OSM received on proposed Part 

855 now apply to Part 955. To avoid the confusion that might result from repeated references to these two similar part 

numbers, the following discussion refers only to Part 955, with the understanding that it covers the correspondingly 

numbered sections of proposed Part 855. 

 

SECTION 955.1 - SCOPE. 

 Section 955.1 defines the scope of new Part 955, which establishes the program required by 30 CFR 850.12 for the 

training, examination and certification of blasters in Federal program States and on Indian lands. Part 955 governs the 

issuance, renewal, reissuance, suspension and revocation of an OSM blaster certificate, replacement of a lost or 

destroyed certificate, and reciprocity to a holder of a certificate issued by a State regulatory authority. 

 The purview of Part 955 is limited to Federal program States and Indian lands. Thus, for Federal lands in a State with 

a Federal program the training, examination and certification of blasters is governed by Part 955. However, for Federal 

lands in a State with a State regulatory program the training, examination and certification of blasters is governed by the 

State program, regardless of whether there is a Federal-State cooperative agreement. See: 30 CFR 740.11(a). 

RELATIONSHIP TO STATE LAW AND PROGRAMS 

 Except as described under the heading Preemption of State Law in the preceding analysis of Section 816.61(c)(4), this 

rule does not preempt any State law or regulation governing either the licensing or certification of blasters, or the 

storage, transportation or use of explosives in general. A State may require a blaster to comply with any State law or 

regulation that has not been identified by the Secretary as preempted by the Act or this rule. 

 Several commenters asked whether OSM plans to integrate the blaster certification program under Part 955 with 

similar State licensing or certification programs that already may exist in Federal program States. One suggested that 

OSM modify the rule to enable OSM and a State to issue jointly a single certificate. The commenter thought this would 

insure that a blaster becomes aware of any need to obtain authorization from both jurisdictions. 

 Another commenter suggested including in the rule a provision allowing OSM to enter into a cooperative agreement 

under which a qualified State agency would administer the OSM blaster certification program. This commenter thought 

that even though a State elected not to pursue primacy in the overall regulation of surface coal mining operations it might 

elect to administer the more limited blaster certification portion of the Federal program. 

 OSM currently has no plans to seek either joint Federal-State or independent State administration of the OSM blaster 

certification program established by this rule. Nor has OSM reached any conclusion on either the need for or the legality 
under the Act of a provision authorizing OSM to enter into a cooperative agreement for either joint or independent State 

administration of the program. Therefore, this final rule includes neither of the suggested provisions. 

 Another commenter was concerned about whether OSM would make the training and certification of blasters under 

Part 955 compatible with State procedures already in place. As discussed subsequent Section 955.14(b), under the 

heading Oral Examination, this commenter thought the requirement for a written examination was incompatible with 

some existing State procedures. 

 OSM disagrees. While some requirements of Part 955 may be more stringent than those of some State procedures, 

they are not incompatible. OSM is aware of nothing in Part 955 that would prevent the holder of a State license or 

certificate from obtaining an OSM blaster certificate, or vice versa. 

 

SECTION 955.2 - IMPLEMENTATION. 

 In accordance with 30 CFR 750.19, 816.61(c) and 817.61(c), Section 955.2 specifies that in Federal program States 

and on Indian lands the requirement that any person who is responsible for conducting blasting operations at a blasting 

site shall have a current blaster certificate is not effective until June 30, 1987. Before that date, Sections 750.19, 

816.61(c) and 817.71(c) require that all blasting operations in Federal program States and on Indian lands be conducted 

by competent experienced persons who understand the hazards involved. 

 This is a new section added to the final rule to set out the specific date when the requirements of existing Sections

750.19, 816.61(c) and 817.61(c), as they relate to an OSM blaster certificate, will apply in Federal program States and 

on Indian lands. It does not change the date that otherwise would have applied under these existing sections. Nor does it 

affect the effective date of any other requirement of this part. 

 Under 30 CFR 816.61(c)(1) and 817.61(c)(1) the requirement that all blasting operations are to be conducted under 

the direction of a certified blaster does not become effective until 12 months after the implementation of a blaster 

certification program. The Indian Lands Program at 30 CFR 750.19 incorporates, Sections 816.61(c) and 817.71(c), and 

thus delays the effective date of the requirement for a blaster certificate on Indian lands for the same 12-month interval. 

This interval will give candidates for an OSM blaster certificate ample time to complete training, submit an application, 

pass the examination, and become certified before the requirement to have a certificate is implemented in Federal 

program States and on Indian lands. 

 Several commenters were concerned that delays in the availability of application forms, training materials, or the 

examination might minimize the value of this 12-month interval. OSM assures these commenters that the forms and other 

materials necessary to comply with Part 955 will be available on the effective date of this rule. 

 Notwithstanding the 12-month interval before the requirement for an OSM blaster certificate is implemented, OSM 

advises everyone subject to this part to apply for a certificate as soon as is practicable after they meet the required 

qualifications. Anyone who submits an application at the last minute does so at his or her own risk. OSM neither will be 

responsible for nor will excuse any failure to meet the requirements of Section 955.2, or of Sections 750.19, 816.61(c) or 

817.61(c), due to the length of time involved in the certification process. 

 

SECTION 955.5 - DEFINITIONS. 

 Section 955.5, which did not appear in the proposed rule, defines a number of terms used in this part. It clarifies, but 

does not change, the substance of what was proposed. 

 Applicant is defined as a person who submits an application for an OSM blaster certificate. Application is defined as a 

request for an OSM blaster certificate submitted on the prescribed form, including the required fee and any applicable 

supporting evidence or other attachments. These definitions are added to this rule to supplant the inapt definitions of 

these same two terms in 30 CFR 701.5, which apply generally to Chapter 30 unless otherwise indicated. 

 Issue and issuance are defined as meaning to grant to an applicant his or her first OSM blaster certificate that is not 

granted through reciprocity. To qualify for the issuance of a certificate an applicant must meet certain qualifications, a 

number of which differ from those for the subsequent certificate renewal or reissuance, and all of which differ from those 
for a certificate through reciprocity. An applicant who previously had obtained a certificate through reciprocity, but no 

longer qualifies for or wishes to rely on reciprocity, must qualify for certificate issuance in the same manner as any other 

applicant. Hence, the terms issue and issuance do not apply to a first certificate that is granted through reciprocity. 

 Reciprocity is defined to mean the recognition by OSM of a blaster certificate issued by a State regulatory authority 

under an OSM-approved blaster certification program as qualifying an applicant for the grant of an OSM blaster 

certificate. For more information on reciprocity, see particularly the discussion of Section 955.16. 

 Reissue and reissuance are defined as synonymous with the term recertification in 30 CFR 850.15(c), and as meaning 

to grant to an applicant who holds a renewed OSM blaster certificate, or who holds an OSM blaster certificate that 

expired more than 1 year prior to the date of his or her application, or who held an OSM blaster certificate that was 

revoked, a subsequent certificate that is not granted through reciprocity and for which additional training and 

examination are required. 

 As was noted in the proposed rule, Part 850, on which Part 955 is based, provides in Section 850.15(c) for the 

"recertification" of blasters. In drafting Part 955 is was found that use of the term recertification would reduce the 

grammatical clarity of the rule. For this reason, the terms reissue and reissuance are substituted in its place. For more 

information on reissuance in relation to the renewal of a current or expired certificate, see the subsequent discussion of 

Section 955.15(d), and for a revoked certificate see the subsequent discussion of Section 955.17(e)(2). 

 Renew and renewal are defined as meaning to grant to an applicant who holds an issued or reissued OSM blaster 

certificate a subsequent certificate that is not granted through reciprocity and for which additional training and 

examination are not required. 

 Replace and replacement are defined as meaning to grant to an applicant a duplicate OSM blaster certificate as a 

substitute for one that was lost or destroyed. 

 

SECTION 955.10 - INFORMATION COLLECTION. 

 The information collection requirements in Part 955 are contained in Sections 955.12 (a)(2) and (b)(2), 955.13(a) and 

955.15(g). Section 955.12 (a)(2) and (b)(2) require an applicant to obtain satisfactory evidence of having completed 

training in the use of explosives. Section 955.13(a) requires an applicant to provide on an OSM application form 

information pertinent to determining his or her qualifications for a blaster certificate, and ultimately to identifying him or 

her as the certificate holder. Section 955.15(g) requires a person who holds an OSM blaster certificate to notify OSM 

within 30 days of any change in his or her address. This information is needed by OSM to determine whether an applicant 

is qualified to obtain an OSM blaster certificate, and to administer the program once the certificate is issued. 

 

SECTION 955.11 - GENERAL REQUIREMENTS. 

 Section 955.11 lists the general requirements an applicant must meet to qualify for an OSM blaster certificate. It 

derives primarily from proposed Section 955.11(a), with some changes. Proposed Section 995.11(b) was deleted as 

redundant. 

 To qualify for an OSM blaster certificate under Section 955.11, a person must: 

 (a) Be at least 20 years old prior to submitting an application, and at least 21 years old prior to the grant of a 

certificate; 

 (b) Have worked as a blaster or the equivalent, or have worked under the direction of a blaster or the equivalent, for 

either 1 or 2 of the 3 years preceding the submission of an application, the length of time depending on the applicant's 

current certification status; 

 (c) For certificate issuance or reissuance, have received on-the-job training, completed a training course, and obtained 

satisfactory evidence of having completed training, as provided in Section 955.12; 
 (d) Be competent, possess practical knowledge of blasting techniques, understand the hazards involved in the use of 

explosives, and exhibit a pattern of conduct consistent with the acceptance of responsibility for blasting operations; 

 (e) Submit an application as specified in Section 955.13; 

 (f) For certificate issuance or reissuance, pass a written examination as specified in Section 955.14; 

 (g) For a certificate through reciprocity, meet the requirements of Section 955.16; and 

 (h) Not be subject to suspension, revocation or other action under Section 955.17. 

 The differences between these requirements and those in the proposed rule for each paragraph of this section are 

discussed under the following headings. 

 

SECTION 955.11(a) - MINIMUM AGE. 

 Under Section 955.11(a), the minimum age at which a person may apply for an OSM blaster certificate is 20 years, 

and the minimum at which a person may be granted a certificate is 21 years. The proposed rule would have set the 

minimum age for the granting of a certificate at 18 years, but did not specify any minimum for submitting an application. 

The minimum age of 21 years is similar to current State requirements. 

 Several commenters thought that the proposed minimum age of 18 years was too young because, together with the 

2-out-of-3 year minimum experience requirement of this rule for certificate issuance, it might prompt persons who were 

only 15 or 16 years old to work in a hazardous occupation. Several commenters also noted that other Federal and State 

laws which regulate the use of explosives specify a minimum age of 21 years. For example, the Department of the 

Treasury, Bureau of Alcohol, Tobacco and Firearms rules on commerce in explosives at 27 CFR 55.49 specify that an 

applicant for a license or permit must be 21 years of age or older. 

 OSM agrees with these commenters that the proposed minimum age of 18 was too low, and that 21 years is the 

minimum age at which a person reasonably might be expected to have sufficient training, knowledge, experience and 

competence to accept responsibility for conducting blasting operations, and has revised this final rule accordingly. 

 Because of unavoidable delays that will result from the requirement for an examination and from administrative 

processing, a significant amount of time may elapse between the filing of an application and the grant of a certificate. To 

compensate for these delays, and enable an otherwise qualified applicant to obtain a certificate as soon as he or she 

reaches the age of 21, this final rule allows anyone over the age of 20 to submit an application. Once OSM determines 

that an underage applicant has met all of the other qualifications required by this part, it may grant a post-dated certificate 

to take effect on the applicant's 21st birthday. 

 

SECTION 955.11(b) - EXPERIENCE. 

 Section 955.11(b), which corresponds with proposed Section 955.11(a)(2), specifies both the kind and amount of 

experience an applicant must have to qualify for an OSM blaster certificate. It requires that an applicant either have been 

qualified and worked as a blaster or the equivalent, or have worked under the direction of a blaster or the equivalent, for 

a specified period of time. 

 The amount of experience an applicant must have depends on his or her certification status. For certificate issuance it 

is 2 years out of the 3 years preceding the submission of an application; for certificate renewal or reissuance it is 1 year 

out of the preceding 3. In each case the amount of experience is cumulative during the 3 years preceding the submission 

of an application. An applicant may aggregate experience gained as a blaster or the equivalent with that gained under the 

direction of a blaster or the equivalent. Likewise, an applicant may aggregate shorter periods of interrupted experience to 

reach the 1 or 2 year totals. 

 In determining whether the years of experience claimed by an applicant meet the time periods specified in the rule, 

OSM will consider not only the duration of the experience, but also the type of activity involved. Only that experience 

which otherwise meets the requirements of this rule will be counted toward satisfying the minimum time requirement. 
 Section 955.11(b) differs from the proposed rule in a number of ways. One, to improve the organization of the rule 

the on-the-job training requirement in proposed Section 955.11(a)(2) was relocated to Section 955.12(a) of this final 

rule, which includes a related requirement for the completion of a training course, and a reference to the on-the-job 

training requirement in Section 955.12 was added to Section 955.11(c). 

RULE RECOGNIZES BLASTER OR THE EQUIVALENT 

 Two, this section now enables a person to qualify for an OSM blaster certificate by working as or under the direction 

of either a blaster or the equivalent. The proposed rule did not recognize equivalent experience. 

 Several commenters maintained that proposed Section 955.11(a)(2) was too strict because many persons with 

adequate qualifications for an OSM blaster certificate would not meet, or have worked under the direction of someone 

else who meets, the narrow definition of the term "blaster." 

 As defined by 30 CFR 850.5, "Blaster means a person directly responsible for the use of explosives in surface coal 

mining operations who is certified under this part." Thus, the only experience recognized by proposed Section

955.11(a)(2) was that obtained specifically in surface coal mining operations as, or under the direction of, the holder of 

an OSM or State blaster certificate issued under Part 850. 

 With respect to the proposal to recognize experience gained only in surface coal mining operations, these commenters 

suggested that OSM also recognize equivalent blasting experience gained in activities such as quarrying, construction, 

other mining, management, consulting, education and sales. OSM agrees, and the final rule now recognizes equivalent 

blasting experience gained in such activities. Later in this discussion, general criteria are given on what type of experience 

OSM may accept as equivalent. 

 With respect to the proposal to recognize experience gained only under an OSM or State blaster certificate, these 

commenters also suggested that OSM recognize equivalent experience gained under a State license not issued under Part 

850. 

 OSM had proposed to do this in the transition period immediately following promulgation of this rule, when no one 

possibly could have sufficient experience under an OSM or State blaster certificate, by interpreting the word "blaster" in 

this provision to include any person licensed, certified or otherwise authorized by OSM or a State to conduct blasting 

operations. Thus, OSM agrees with these commenters and intends the words "or the equivalent" in this final rule to 

include experience gained under equivalent State licensing or certification procedures. This will obviate any special 

interpretation in the transition period, and will apply throughout the life of the rule. 

 Due to the many types of blasting experience which applicants for an OSM blaster certificate might proffer as 

equivalent, it is not possible for OMS to set precise criteria for assessing equivalence. Generally, however, OSM will 

accept as equivalent only that experience gained in activities which reasonably approximate the environment, procedures, 

shot size, and hazards of surface coal mining operations. This must include sufficient practical experience with blasting 

technique, equipment and personnel in an actual working environment. Mere abstract experience with the theory and 

practice of blasting will not suffice. Likewise, OSM will recognize as equivalent only a license, certificate or other 

authorization to conduct blasting operations which qualifies the holder to act in a capacity reasonably approximating that 

of a blaster. 

 Under this rule an applicant for an OSM blaster certificate will have the burden of demonstrating to the satisfaction of 

OSM that his or her experience is equivalent to that obtained as, or under the direction of, a blaster. 

 One commenter asked OSM to consider whether persons who are not responsible for blasting operations at a blasting 

site might need an OSM blaster certificate, and to modify the experience requirement of the rule accordingly. This 

commenter cited, for example, mine management personnel who are directly responsible for but are precluded by union 

rules from taking an active part in blasting operations, and consultants who develop blasting plans but do not participate 

in on-site blasting activities. 
 Under 30 CFR 816.61(c), the only person who must have an OSM blaster certificate is one conducting blasting 

operations at a blasting site. Management personnel and consultants away from the site are not required to have a 

certificate, regardless of any direct or indirect responsibility they may have for the operations. If such a person wanted to

obtain an OSM blaster certificate, whether he or she could qualify would depend on whether the management or 

consulting experience was equivalent to that obtained as, or under the direction of, a blaster. 

MINIMUM AMOUNT OF EXPERIENCE 

 And three, this section now requires less experience for certificate renewal and reissuance than it does for certificate 

issuance. The proposed rule would have required 2 years of experience for all of these certificates. 

 Several commenters said that the requirement of this section for blasting experience in 2 out of the 3 years preceding 

submission of an application was excessive. One thought that considering the requirements for training and examination, 

1 year of experience was sufficient. Another suggested that to prevent "severe hardships" OSM should reduce the 

requirement during the first year of the program to only 1 year, with at least 75% of that year worked directly as a 

blaster. 

 One commenter asked OSM to reconsider the minimum amount of experience required for reissuance of an OSM 

blaster certificate. This commenter suggested a requirement of 1 year of experience out of the preceding 3 to 

accommodate certificate holders who through uncontrollable circumstances did not actively engage in blasting for the 

entire 3-year certificate term. 

 To the extent these comments relate to certificate issuance, OSM disagrees. For certificate issuance this final rule 

retains the requirement for 2 years of experience out of the 3-year period preceding the submission of an application. 

Notwithstanding any inconvenience the requirement for 2 years of experience might impose on a candidate for certificate 

issuance, the safety and welfare of people and property at the blasting site are more important. 

 Blasting is a dangerous occupation, and among the numerous State and Federal government officials, consultants, 

manufacturers and other experts contacted by OSM in drafting the proposed rule there was a consensus that 2 years of 

experience was the minimum needed to qualify as a blaster. OSM agrees with this consensus, and concludes that a 

minimum of 2 years of recent experience is necessary to give most potential candidates for certification a sufficiently 

thorough understanding of explosives for them to assume responsibility for blasting operations. 

 This requirement for 2 years of experience should not put anyone out of work or otherwise impose a severe hardship 

for several reasons. First, it is unlikely that any significant number of persons who currently are working at a level of 

responsibility equivalent to that of a blaster would lack the required 2 years of experience. This is particularly true since 

the rule allows an applicant to aggregate experience gained as a blaster or the equivalent with that previously gained 

under the direction of a blaster or the equivalent. 

 Second, not everyone who handles explosives or works on a blasting crew must have a blaster certificate, only the 

blaster who is responsible for conducting blasting operations at a blasting site. Thus, a person who does not qualify for an 

OSM blaster certificate may continue to earn an income in the blasting profession while gaining the required experience. 

 Finally, as described previously for Section 955.2, OSM will not implement the requirement for an OSM blaster 

certificate in Federal program States and on Indian lands until 12 months after the effective date of this rule. This interval 

will give potential applicants additional time to gain the required 2 years of experience. 

 To the extent these comments relate to certificate renewal and reissuance, however, OSM agrees that 1 year of 

experience out of the 3 years preceding the submission of an application is sufficient. The amount of experience necessary 

to maintain proficiency as a blaster obviously is less than what is required to acquire such proficiency in the first place. 

Once an applicant has qualified for and obtained an OSM blaster certificate, 1 year of experience out of the preceding 3 is 

sufficient to maintain proficiency. Thus, the experience requirement for certificate renewal and reissuance has been 

reduced from 2 years to 1 year. 

 
SECTION 955.11(c) - TRAINING. 

 Section 955.11(c) corresponds with proposed Section 955.11(a)(4). In the proposed rule, this provision implied that 

every applicant was required to complete training in order to qualify for an OSM blaster certificate. However, training is 

required only for certificate issuance and reissuance. Applicants for other types of certificates need not complete 

additional training. To clarify this requirement, the phrase "For certificate issuance or reissuance" was added to Section

955.11(c). 

 In addition, the term "blaster," which modified the term "training," was deleted as superfluous. And a reference to the 

requirements for on-the-job training and obtaining satisfactory evidence of training were added to correspond with 

changes in final Section 955.12. For more information on these changes, and on the training requirement in general, see 

the discussion under subsequent heading Section 955.12 Training. 

 

SECTION 955.11(d) - COMPETENCE. 

 Section 955.11(d) is the same as proposed Section 955.11(a)(3). 

 

SECTION 955.11(e) - APPLICATION. 

 Section 955.11(e) corresponds with proposed Section 955.11(a)(5). The reference to a fee in this section was deleted 

as superfluous because this final rule now includes the fee in the definition of application. 

 

SECTION 955.11(f) - EXAMINATION. 

 Section 955.11(f) corresponds with proposed Section 955.11(a)(6). The proposed rule did not explicitly state that the 

requirement for an examination applies only to certificate issuance and reissuance. Since applicants for other types of 

certificates need not pass an examination, the phrase "For certificate issuance or reissuance" was added to this section. 

For more information on the examination requirement, see the discussion under subsequent heading Section 955.14 

Examination. 

 

SECTION 955.11(g) - RECIPROCITY. 

 This is a new paragraph which did not appear in the proposed rule. It merely cross-references Section 955.16, which 

governs the grant of a certificate through reciprocity, to make the list of general requirements in this section more 

complete. 

SECTION 955.11(h) - SUSPENSION AND REVOCATION. 

 Section 955.11(h) is the same as proposed Section 955.11(a)(7). 

 

SECTION 955.12 - TRAINING. 

 Section 955.12 requires an applicant for certificate issuance or reissuance to have completed a training course. An 

applicant for certificate issuance also must have completed on-the-job training. This section also requires OSM to ensure 

that courses are available to train potential applicants on the required topics. 

 Proposed Section 955.12(b)(2) would have authorized OSM to modify the training required of an applicant for 

certificate reissuance to reflect previous training. This provision was deleted from this final rule as unnecessary because 

new Section 955.12(b)(1) now contains a modified training requirement for certificate reissuance which inherently 

accounts for previous training. OSM does not intend to modify further the training required for certificate reissuance. 

 

SECTION 955.12(a) - ON-THE-JOB TRAINING. 

 Section 955.12(a) is a new provision derived from proposed Section 955.11(a)(2). Paragraph (a)(1) requires each 

applicant for the issuance of an OSM blaster certificate who does not qualify as a blaster or the equivalent to have 

received on-the-job training, including practical field experience in blasting operations, from a blaster or the equivalent 
for 2 out of 3 years preceding the submission of his or her application. The time period that applies to this requirement 

derives from proposed Section 955.11(a)(2), and is adopted for the same reasons as discussed previously for the 

minimum experience requirement of Section 955.11(b)(1). 

 Paragraph (a)(1) references a narrow exception to its requirements in Section 955.14(c)(2), which for reexamination 

provides that any person who fails the examination and submits a new application within 2 years of completing training 

need not repeat training, or resubmit evidence of having completed training. For more information on this exception, see 

the subsequent discussion of the referenced Section 955.14(c)(2). 

 Paragraph (a)(2) of this section requires the applicant to have obtained from either the blaster or the equivalent who 

provided the on-the-job training, the relevant employer at the time the training was received, or some other 

knowledgeable source, satisfactory evidence of having received on-the-job training in accordance with paragraph (a)(1) . 

Satisfactory evidence must include sufficient information to demonstrate that the training was received, and enable OSM 

to contact either the blaster or the equivalent who provided the training, the employer, or the other knowledgeable 

source, to verify this fact. 

 The applicant is given several options as to the source of the evidence because in some situations either the blaster 

who provided training or the employer may no longer be available to provide it. To avoid the problem of having to obtain 

satisfactory evidence from a blaster or employer with whom the applicant no longer is associated, or finding another 

sufficiently knowledgeable source, OSM encourages blaster-trainees to obtain the required evidence on a routine basis as 

part of their training. 

 

SECTION 955.12(b) - TRAINING COURSE. 

 Section 955.12(b) corresponds with proposed Section 955.12(a). Paragraph (b)(1) requires an applicant for the 

issuance or reissuance of an OSM blaster certificate to have completed a training course in specified topics. It references 

the same narrow exception to this requirement that was noted in the preceding discussion of Section 955.12(a)(1). 

 Under this paragraph an applicant must complete training within 2 years of submitting an application. Depending on 

whether the application is for certificate issuance or reissuance, two different levels of training are required. For 

certificate issuance the training must cover the technical aspects of blasting operations, and State and Federal laws 

governing the storage, transportation and use of explosives, including the topics specified in 30 CFR 850.13(b). For 

certificate reissuance the training must cover any significant changes that have occurred in the topics specified in 30 CFR 

850.15(b) since the applicant last completed a training course that was accepted by OSM for the issuance or reissuance 

of an OSM blaster certificate. If OSM determines that no significant changes have occurred, then OSM may waive this 

latter requirement. 

 Section 955.12(b)(2) requires an applicant to have obtained from his or her training provider satisfactory evidence that 

he or she completed training in accordance with paragraph (b)(1). At a minimum, such evidence will include the names 

and addresses of the applicant and the training provider, and the type, content and date(s) of the training. 

 The evidence need not follow any specific format, as long as it adequately documents that the applicant has completed 

the required training. In specifying the type of training, it should indicate the nature of the training provider and the form 

of instruction. It should specify the content of the training in sufficient detail for OSM to judge whether the topics 

specified in 30 CFR 850.13(b) were covered adequately. And it should specify the date the training was begun, or how 

long it lasted, and the date it was completed. 

 The applicant need not include evidence of any grade that may have been received in a course, and a passing grade 

will not be considered by OSM as a criterion in determining whether an applicant has completed adequate training. No 

grade is required because OSM considers its examination to be an adequate measure of what the applicant has learned. 

The applicant will have the burden of demonstrating to the satisfaction of OSM that he or she has completed adequate 

training. 

 Section 955.12(b) differs from the proposed rule in several ways. One, as was implicit in the proposed rule, this final 

rule explicitly states that the training requirement applies only to applicants for certificate issuance or reissuance. 

Applicants for the other types of certificates need not complete any additional training or submit a training voucher. 
 Two, the maximum time that may elapse between the dates when an applicant completes training and submits an 

application is reduced from 3 years to 2 years. OSM has concluded that a 3-year interval is too long to ensure that a 

training course is sufficiently up-to-date with respect to significant changes in the law and technology. OSM considered 

shortening the interval to 1 year, but concluded that this would unreasonably restrict not only the training option available 

to an applicant, but also the time available for an applicant to complete the remainder of the certification process. 

 Three, this final rule substitutes for the term "OSM or equivalent training" in the proposed rule the term "a training 

course." As discussed subsequently for Section 955.12(b), OSM will not itself provide any of the training required by this 

part, and therefore the term "OSM or equivalent training" is inapt. Since proposed Section 955.12(b)(1) would have 

required OSM to provide or otherwise ensure the availability of training courses, the requirement that an applicant for 

certificate issuance or reissuance have completed a training course was implicit in the proposed rule. 

 To meet the requirements of this section, a training course must be adequate to prepare the applicant to assume 

responsibility for conducting blasting operations at a blasting site. This may include a correspondence course in which the 

trainee receives interactive instruction and feedback, but does not include unsupervised self-study of either prepared 

matter materials or random information on the required subjects. 

 A commenter asked OSM to provide specific criteria on what would constitute acceptable training, including the 

amount of time involved. OSM has concluded that specific criteria might limit unduly the training options available to 

potential applicants, with few offsetting benefits. Therefore, this rule provides only general criteria. For more information 

on the training requirement in general, see the notice of final rulemaking for 30 CFR 850.13. 48 FR 9488-9489 (March 4, 

1983). 

 And four, final Section 955.12(a)(1) now requires different levels of training for certificate issuance and reissuance. 

Proposed Section 955.12(a) would have required applicants for both types of certificates to complete the same level of 

training. Proposed Section 955.12(b)(2), however, would have authorized OSM to modify the training required for 

reissuance to reflect previous training an applicant had received. In response to public comments, OSM has included a 

modified training requirement for certificate reissuance directly in paragraph (b)(1), and has deleted the corresponding 

provision of proposed Section 955.12(b)(2). 

 OSM received a number of comments on the provision for modification of the training requirement. One commenter 

asked whether OSM had developed any criteria for determining the training required for certificate reissuance. This 

commenter suggested that OSM should require additional training only when a blaster must use new procedures, and 

thought that any training given to certificate holders would only duplicate training already offered by the Mine Safety and 

Health Administration (MSHA). 

 Revised Section 955.12(b)(1) now bases the training required for certificate reissuance on any significant changes that 

have occurred in the topics specified in 30 CFR 850.13(b) since the applicant last completed a training course that was 

accepted by OSM for the issuance or reissuance of an OSM blaster certificate. A potential applicant for certificate 

reissuance will be able to meet this requirement in most instances by taking a short refresher course. When no significant 

changes have occurred, OSM may waive this requirement entirely. OSM will not require anyone to duplicate training that 

already had been provided by MSHA, or any other adequate course, within the applicable 2-year period. 

 

SECTION 955.12(c) - AVAILABILITY. 

 Section 955.12(c) corresponds with proposed section 955.12(b)(1). It requires OSM to ensure that courses are 

available as provided in 30 CFR 850.13(b) to train persons who are subject to Part 955 and responsible for the use of 

explosives in surface coal mining operations. This implements the requirement of Section 850.13(b) that "[t]he regulatory 

authority shall ensure that courses are available to train persons responsible for the use of explosives in surface coal 

mining operations." 

 Section 955.12(b) differs from the proposed rule in a number of ways. One, as discussed previously in the introduction 

to this section, proposed paragraph (b)(2) was deleted in view of the two different levels of training included in final 

paragraph (b)(1). 
 Two, the phrase "subject to this part" was added to clarify that OSM must ensure the availability of courses only to 

the extent it is the regulatory authority. Under 30 CFR 850.13(b), the regulatory authority need only ensure that courses 

are available to persons under its jurisdiction. With respect to such courses, the jurisdiction of OSM as regulatory 

authority is limited to those persons who are subject to this part in Federal program States and on Indian lands. 

 And three, the requirement in proposed paragraph (b)(1) for OSM to provide courses has been deleted. Although one 

commenter agreed with this requirement, OSM has concluded that there is no need for it to duplicate the courses that 

already are available, or may be offered in the future, to provide the training required by section 955.12(b). 

 This same commenter also recommended that OSM develop a self-study training program. OSM does not intend to 

do so. As discussed previously for section 955.12(b), OSM has concluded that while a correspondence course in which a 

trainee receives interactive instruction and feedback may meet the training requirement of this section, unsupervised 

self-study of either prepared materials or random information on the required subjects will not. OSM is not prepared to 

engage in the interactive training a correspondence course would require. However, OSM will attempt to make available 

to potential applicants a list of courses, including any taught by correspondence, that meet the requirements of section 

955.12(b). 

 This commenter also asked whether course instructors would need to have an OSM blaster certificate. The answer is 

no. Many fully competent instructors may not have sufficient, recent, practical experience to qualify for a certificate. 

Furthermore, the requirement for a blaster certificate applies only to persons responsible for conducting blasting 

operations at a blasting site. 

 Another commenter suggested that OSM should add to section 955.12 a new paragraph that would enable a surface 

mining permittee to train potential applicants for an OSM blaster certificate. OSM has not adopted this suggestion 

because the additional provision is unnecessary. Nothing in section 955.12 would preclude a permittee from providing 

the required training. 

 

SECTION 955.13 - APPLICATION. 

 Section 955.13 governs the application process for an OSM blaster certificate. It specifies the required application 

procedures, including the payment of an application fee and the submission of evidence of any applicable training, and 

requires OSM to make available a prescribed form on which an application must be submitted. 

 

SECTION 955.13(a) - SUBMISSION PROCEDURES. 

 Section 955.13(a) requires any person seeking an OSM blaster certificate to: (1) Complete and submit to OSM an 

application on the prescribed form; (2) include as part of the application a specified nonrefundable fee; (3) for certificate

issuance or reissuance, include as part of the application satisfactory evidence of having completed training as provided in 

section 955.12; and (4) submit the application and fee a specified number of days in advance of a specified reference date, 

the number of days and the reference date in each case depending upon whether the application is for certificate issuance, 

renewal, reissuance, or a certificate through reciprocity. 

 

SECTION 955.13(a)(1) - PRESCRIBED FORM. 

 For a discussion of the prescribed application form, see the subsequent heading Section 955.13(b) Application form. 

 

SECTION 955.13(a)(2) - APPLICATION FEE. 

 Section 955.13(a)(2) requires an applicant to include as part of his or her application a fee that ranges in amount from 

$28 to $122, depending on the type of certificate sought. The proposed rule would have required the applicant to submit 

a fee "with the application," while this final rule requires the applicant to include the fee "as part of the application" since 

the term "application" now is defined by section 955.5 to include the fee. 

 The specified application fees are adopted under the authority of section 9701 of Pub. L. 97-258, 96 Stat. 1051 (31 

U.S.C. 9701), which prior to editorial revision and recodification was section 501 (31 U.S.C. 483(a)) of the Independent 

Offices Appropriation Act (IOAA). Section 9701 authorizes an agency to prescribe regulations establishing a charge for 
a service or thing of value provided by the agency. The charge must be fair and based on costs to the government, the 

value of the thing or service to the recipient, the public policy or interest served, and other relevant facts. 

 The application fees in section 955.13(a)(2) were derived by calculating the direct and indirect costs OSM expects to 

incur in the certification process. For the issuance or reissuance of a certificate, the application fee includes the cost of

clerical processing, technical review, and the cost of the examination. For reexamination, the fee includes only the cost of 

the examination. 

 For renewal or replacement of a certificate, or a certificate through reciprocity, the fee includes only the cost of 

processing the application and certificate, since no examination is required. There is no fee for a temporary certificate, the 

cost of which is covered by the underlying application fee. 

 As shown by the following table, the application fee for the issuance or reissuance of an OSM blaster certificate is 

$122. This includes the costs OSM expects to incur in the clerical processing and technical review of the application; 

developing, administering, renting the facility for, and grading the examination; and processing the certificate. The 

application fee for reexamination of an applicant who has failed the examination on a previous attempt is $61, which 

covers the cost of the examination. 

___________________________________________________________________________________________

FEE CALCULATION FOR CERTIFICATE ISSUANCE AND REISSUANCE n1

Activity Time allotted Hourly rate of pay Cost/applicant

(Hours/appl.) Clerical Technical (dollars)

(GS-4) (GS-9)

Application:

Clerical processing 2 $7 $14

Technical review 3 $11 $33

Examination:

Develop 3 n2 $11 $33

Administer 0.2 n3 $11 $2

Facility $4 n4

Grading 2 $11 $22

Certification: Process certificate 2 $7 $14

Total $122

___________________________________________________________________________________________

n1 Based on 1985 U.S. Government pay schedule. 

n2 300 hours/exam/year divided by 100 applicants/exam/year. 

n3 5 hours/exam divided by 25 applicants/exam. 

n4 $100/exam divided by 25 applicants/exam. 

 The application fees for renewal and for a certificate through reciprocity are each $61. The fee calculation for these 

certificates is similar to that for issuance and reissuance, except that the cost of an examination is not included. For 

certificate replacement the application fee is $28, which includes only the cost of the clerical processing of the application 

and certificate. 

 One commenter said that a fee of $122 for certificate issuance and reissuance was "inflated and unjustifiable" because 

the number of hours OSM projected it would take to review and process an application, and to develop the examination, 

was excessive. The basis for this commenter's conclusions was his experience with administering a State blaster 

certification program. 
 OSM has reviewed the proposed fee schedule in light of this comment, but nevertheless has adopted the schedule as 

proposed. The hours projected for each activity in the fee calculation are reasonable estimates of the average amounts of 

time it will take OSM to issue or reissue a blaster certificate. 

 The amount of time allotted to each activity is an average for all certificates. While some certificates may take less 

time, others will take more. These allotted times cover both the development of the certification process, and its 

subsequent administration. 

 OSM does not intend merely to rubber-stamp an application, but to review thoroughly the applicant's training, 

experience, employment history, and other qualifications, and where there is any question, to verify the accuracy of the 

information provided. 

 The time allotted to developing, administering and grading the examination reflects the need to review and update the 

examination on a regular basis, and to insure that it fairly and accurately measures an applicant's qualifications. The time 

allotted to processing the certificate covers not only the actual issuance of the certificate itself, but also the maintenance 

of records, and any subsequent communications with certificate holders. 

 If experience shows that any application fee in this rule does not reasonably reflect OSM's costs, OSM will propose a 

new rule to adjust the fee accordingly. 

 Another commenter believed OSM should not charge a fee for a certificate through reciprocity. This commenter 

thought OSM was not justified in charging an applicant who already had paid a fee to a State for a similar service. 

 OSM disagrees. The fee for a certificate through reciprocity is an estimate of the actual costs OSM will incur in the 

certification process. As it is the applicant for a certificate through reciprocity who causes OSM to incur these costs, it is 

reasonable for the applicant to bear these costs through the payment of a fee. 

 

SECTION 955.13(a)(3) - Evidence Of Training. 

 This is a new paragraph that did not appear in the proposed rule. It requires an applicant for certificate issuance or 

reissuance to include as part of the application satisfactory evidence of having completed training as provided in section 

955.12. As with the application fee described previously under section 955.13(a)(2), this evidence is defined by section 

955.5 as part of the application. For more information on the requirement for evidence of training, see the preceding 

discussion of section 995.12. 

 

SECTION 955.13(a)(4) - EXAMINATION DATE. 

 This is a new paragraph that did not appear in the proposed rule. It was derived from proposed section 955.13(b), and 

requires an applicant for certificate issuance or reissuance to specify in the application the date when he or she desires to

take a previously scheduled examination. While proposed section 955.13(b) explicitly required the application form to 

include provision for the applicant to specify the desired examination date, final section 955.13(b) now covers the 

application form only in general terms. To facilitate the interpretation of subsequent section 955.13(a)(5), which uses the 

date of examination as the benchmark for determining when an applicant for certificate issuance or reissuance must 

submit an application, the explicit requirement for the applicant to specify the examination date was retained in section 

955.13(a)(4). 

 

SECTION 955.13(a)(5) - SUBMISSION DEADLINES. 

 Proposed section 955.13(a)(3) was renumbered as section 955.13(a)(5). It requires an applicant for certificate 

issuance, renewal or reissuance to submit his or her application not less than 60 days before certain specified dates. For 

certificate issuance the deadline is 60 days before the date on which the applicant desires to take a previously scheduled 

examination. For renewal it is 60 days before the expiration date of the applicant's current certificate. And for reissuance 

it is 60 days before the date on which the applicant desires to take a previously scheduled examination that will be held at 

least 60 days before the expiration date of the applicant's current certificate. 
 The term "previously" was added to modify the term "scheduled examination" in this section to clarify the requirement 

that the applicant must conform with the current application schedule published by OSM. OSM does not intend to adapt 

this schedule retroactively on the basis of requests it might receive from applicants for a particular examination date. 

 The deadline for submitting an application for certificate issuance or reissuance is keyed to the examination date in 

order to give OSM advance notice of how many people wish to attend, and thus enable OSM to schedule the necessary 

personnel and facilities. It is expected that OSM routinely will circulate an examination schedule for the information of 

prospective applicants. 

 These deadlines will give OSM the minimum amount of time it needs for processing the application, holding the 

examination, and the timely issuance, renewal or reissuance of any resulting certificate. Under this provision the applicant 

is responsible for submitting an application in time to obtain a certificate by a desired date, to gain admission to a 

particular examination, or to prevent the expiration of his or her certificate. 

 The direct consequence of a failure to meet any of these deadlines is limited to potential delay in the issuance, renewal 

or reissuance of a certificate beyond the date when one is needed or desired by the applicant. An indirect consequence 

may be the expiration of a certificate, and the resulting loss of authorization for the holder to work as a blaster. 

 Unless OSM issues a temporary certificate, a person whose certificate expires for any reason may not assume 

responsibility for blasting operations at a blasting site until the expired certificate is renewed or reissued. 

 

SECTION 955.13(b) - APPLICATION FORM. 

 Section 955.13(b) requires OSM to make available to any person seeking an OSM blaster certificate an application 

form and instructions for its completion. The form must include a statement in accordance with law that the information 

provided is true and accurate to the best knowledge and belief of the applicant, and require the signature of the applicant. 

 Proposed section 955.13(b) specified the contents of the application form in consideration detail. OSM has concluded 

that there is no need for so detailed a rule, and that the more general requirement of this final rule is sufficient. 

Notwithstanding this general requirement, the application form OSM will make available under this final rule will seek, 

and the applicant will be required to provide, essentially the same information as specified in the proposed rule. 

 OSM has adopted a prescribed form to simplify the application process from the standpoints of both the applicant and 

OSM. The form will assist the applicant in determining and providing the information required to qualify for each of the 

various types of certificates. It also will assist OSM by imposing on the application process a high degree of organization, 

uniformity and consistency. 

 One commenter suggested that OSM should require the applicant to have a notary attest to his or her signature on the 

application form. OSM did not adopt this suggestion because the required statement in accordance with law is sufficient 

to ensure the authenticity of the applicant's signature, as well as the accuracy of the information submitted in the 

application. 

 

SECTION 955.14 - EXAMINATION. 

 Section 955.14 governs the timing, completion, administration and content of the examination each applicant for the 

issuance or reissuance of an OSM blaster certificate is required to pass. 

 

SECTION 955.14(a) - CERTIFICATE ISSUANCE AND REISSUANCE. 

 Section 955.14(a) requires an applicant for the issuance or reissuance of an OSM blaster certificate to pass the written 

examination specified in paragraph (b) of this section, on the technical aspects of blasting and State and Federal laws 

governing the storage, transportation and use of explosives, as provided in 30 CFR 850.14. The applicant must pass the 

examination after submitting the application; passing a previous examination does not fulfill this requirement. 

 The requirement in proposed section 955.14(a) that an applicant pass a practical examination has been deleted; this 

final rule requires only a written examination. The reasons for this change are given in the following discussion of section 
955.14(b). 

 OSM received numerous public comments concerning the examination requirement of section 955.14(a). Summaries 

of these comments, and OSM's responses, appear in the following discussion of sections 955.14 (b) through (e). 

 

SECTION 955.14(b) - ADMINISTRATION AND CONTENT. 

 Section 955.14(b) requires OSM on a regular basis to schedule and hold a written examination on the technical 

aspects of blasting, and State and Federal laws governing the storage, transportation and use of explosives, as provided in 

30 CFR 850.14. At a minimum the examination must cover the topics specified in 30 CFR 850.13(b), and include: (1) 

Objective questions; (2) blasting log problems; and (3) initiation system and delay sequence problems. The examination 

will be offered only in the English language. 

PRACTICAL EXAMINATION DELETED 

 As discussed previously for paragraph (a), the requirement for a practical examination has been deleted from section 

955.14(b)(1). OSM has concluded that a written examination is adequate to measure an applicant's grasp of blasting 

theory and practice, and that a hands-on practical examination would be difficult to administer and grade objectively. 

Together with the requirement of section 955.11(b) for practical field experience, the written problems contained in the 

examination will adequately measure an applicant's practical skills. For these reasons the proposed requirement for a 

practical examination was deleted from this rule. 

 Several commenters maintained that the examination should stress the practical aspects of blasting, as opposed to 

abstract theory. While OSM will not conduct a practical examination, it agrees with these commenters and will try to 

design the written examination in a way that measures as far as possible those aspects of blasting which are of practical 

significance to the conduct of safe and responsible blasting operations. 

ORAL EXAMINATION 

 Several commenters suggested that as an alternative to a written examination, the rule should provide for oral 

examination. They maintained that there are persons who otherwise may be qualified to hold an OSM blaster certificate, 

but lack the reading and writing skills necessary to pass a written examination. An oral examination, they concluded, 

would provide an alternative way to evaluate these persons. 

 These commenters identified two major categories of persons who may not be able to pass a written examination. One 

category includes persons with limited formal education who have learned blasting theory and technique primarily 

through practical experience. The other category includes persons who may be proficient in a language such as Spanish 

or Navajo, but could not pass a written examination in the English language. 

 One commenter described a miner-training program for a workforce consisting primarily of Navajo Indians, which is 

conducted in the Navajo language and includes oral examination. This commenter noted that the regulations of the State 

of New Mexico authorize oral examination of Native Americans for blaster certification, and that the use of oral 

examination does not appear to have any negative effect on safety. This commenter suggested adding to this rule 

regulatory language similar to that of New Mexico, which would give OSM discretion to examine an applicant orally 

upon request in certain limited circumstances. 

 OSM appreciates the concerns of these commenters, but has not revised the rule to authorize oral examination. The 

existing rule at 30 CFR 850.14(a)(1) requires the regulatory authority to give candidates for blaster certification "a 

written examination." As here, a number of commenters on proposed section 850.14 requested that OSM also provide 

for oral examination. The reasons why OSM kept the requirement for a written examination are set out in the preamble 

to that final rule. 48 FR 9489-9490 (March 4, 1983). None of the comments on this current rule give OSM any reason to 

change that existing requirement. 

 The laws and regulations governing blasting are written in the English language. All of the information published by 

the Institute of Makers of Explosives on the safe storage, transportation and use of explosives is in the English language. 
In order to understand the technical specifications of explosives, prepare blast designs, submit the required records, 

interpret safety notices and other information, and give direction and on-the-job training to persons under his or her 

supervision, a blaster must be able to read and write the English language. The only effective way to measure adequately 

a candidate's ability to understand these materials and do these things is through a written examination in the English 

language. 

 Anyone who cannot pass the written examination required to qualify for certification nevertheless may work under the 

direction of a blaster on a blasting crew. Thus, the requirement to pass a written examination will not, by itself, prevent 

any miner from earning a living in the blasting profession. 

 Because this rule governs the certification of blasters on Indian lands, OSM is particularly sensitive to any effect the 

rule might have on Indians. OSM realizes that the requirement to pass a written examination in the English language may 

prevent some Indian miners from qualifying for an OSM blaster certificate, and that in some instances this may have an 

economic impact on some individuals. However, these impacts are offset by the need for OSM to consider the general 

need to assure the safety of fellow miners and other persons in the vicinity of the blasting site. To enhance protection of 

the health and safety of all who may be affected, this rule requires all applicants to pass a written examination in the 

English language. 

INITIATION SYSTEM AND DELAY SEQUENCE 

 Proposed section 955.14(b)(2)(iii) required the examination to include a "practical wiring simulation problem." 

Several commenters noted that this type of problem applies only to electrical initiation systems, but not to others, such as 

gas initiation, which a blaster might use. These commenters suggested that instead of a wiring simulation problem the 

examination should include a delay sequence simulation. 

 OSM agrees with these comments, and has revised section 955.14(b)(2)(iii) to eliminate the unintentional bias toward 

electrical systems. This section now requires the examination to include more general "[i]nitiation system and delay 

sequence problems," which will not be geared to any particular type of system. 

VALIDATION OF EXAMINATION 

 Several commenters asked whether, and to what extent, OSM would validate the blaster certification examination, 

both from technical and equal employment opportunity standpoints. 

 From a technical standpoint, these commenters were concerned that a too hasty implementation of this rule might not 

give OSM sufficient time to design a technically valid examination. They noted that under section 955.14(c) an applicant 

who failed a poorly designed examination could repeat the examination only 1 time in the subsequent 12-month period. 

This, they believed, might prevent some applicants from meeting the requirement for an OSM blaster certificate within 

the required 12 months after the effective date of this rule. 

 OSM appreciates the concerns of these commenters, but it already has prepared what it considers to be a technically 

valid examination. 

 Nor should the limit of 2 examinations in a 12-month period under Section 955.14(c) have a detrimental effect on any 

significant number of applicants. OSM is required by Section 955.14(b)(1) to hold examinations on a regular basis. In 

view of the 12-month grace period provided by Section 955.2, and even if much of this period is used to obtain the 

required training, most applicants will be able to take examination 2 times, if necessary, before they are required to have a 

certificate. 

 If OSM finds that any defect in the examination is causing a significant number of applicants to fail, it will consider 

steps to alleviate any resulting hardship. However, it seems most appropriate to make any revision to this regulation after 

actual experience has been obtained with the examination. 

 From an equal employment opportunity standpoint, OSM has determined that a validity study does not need to be 

conducted for the examination to be used as part of the process for determining whether individuals should be certified as 

blasters. 
 A validity study is required in certain circumstances by the Uniform Guidelines on Employee Selection Procedures of 

the Equal Employment Opportunity Commission (the EEOC guidelines, or the guidelines). 29 CFR Part 1607. 

 The EEOC guidelines apply to tests and other selection procedures used as a basis for employment decisions, 

including licensing and certification. Essentially, they require an agency to conduct a validity study of each examination 

for an applicable license or certificate. 

 In promulgating the existing rules at 30 CFR Subchapter M governing the certification of blasters, OSM interpreted 

the EEOC guidelines as applying to the examination for blaster certification. 44 FR 38321-38323 (1979), 45 FR 

82086-82087 (1980), 47 FR 12781 (1982), and 48 FR 9488 (1983). Under this interpretation, OSM apparently would be 

required to conduct a validity study of the examination. 

 In light of the comments on the proposed rule, OSM has reexamined its previous interpretation of the EEOC 

guidelines to determine how they apply to the examination for blaster certification. OSM has concluded that its previous 

interpretation of the guidelines as applying to the blaster certification process was incorrect, and that a validity study of 

the examination is not required by law. Any decision by OSM to do a validity study is strictly a matter of agency policy. 

 By their own terms, the EEOC guidelines do not cover the blaster certification process. As the guidelines state, they 

"will be applied by . . . Federal agencies subject to section 717 of Title VII [of the Civil Rights Act of 1964, as amended 

by the Equal Employment Opportunity Act of 1972]." 29 CFR 1607.2A. However, the referenced section 717 of the 

Civil Rights Act applies only to "personnel actions affecting employees or applicants for employment . . . in executive 

agencies." 42 U.S.C. 2000e-16(a). 

 Thus, the purview of the guidelines is limited to Federal personnel actions in executive agencies, and they apply to the 

blaster certification process only to the extent it affects such actions. But while blaster certification may be a prerequisite 

to employment as a blaster in the private sector, it is unrelated to any Federal personnel action. So neither section 717 

nor the guidelines apply to the certification process. 

 Even if the EEOC guidelines could be construed as applying to the blaster certification process in general, the 

examination given to a candidate for certification is not a "selection procedure" as defined by the guidelines, and thus 

does not raise the need for a validity study. 

 The guidelines presume that any selection procedure which has an adverse impact on employment is discriminatory 

unless the procedure has been validated in accordance with the guidelines. 29 CFR 1607.3A. Selection procedures 

include tests which are used as a basis for any employment decision. "Employment decisions include . . . licensing and 

certification, to the extent that licensing and certification may be covered by Federal equal employment opportunity law." 

29 CFR 1607.2B. 

 Under these provisions, an examination is not a selection procedure unless the underlying certification is covered by 

some Federal equal employment opportunity law. But the blaster certification process is not covered by section 717 of 

the Civil Rights Act, and OSM is aware of no other civil rights law which is applicable to the certification process. So the 

examination for blaster certification is not selection procedure covered by the guidelines. 

 Even where they are not mandatory, the EEOC guidelines may "be applied . . . by any . . . . Federal agency which 

adopts them." 29 CFR 1607.2A. However, OSM has decided as a matter of agency policy that applying the guidelines to 

the blaster certification process might raise irreconcilable conflicts with its overriding concern for protecting the public 

health and safety and the environment. OSM will make every effort to design an examination that is non-discriminatory, 

but considering the hazards inherent in blasting operations it will place primary emphasis on how well the examination 

will serve to minimize those hazards. 

MODIFICATION OF EXAMINATION 

 Proposed Section 955.14(b)(3) would have authorized OSM to modify the examination given to an applicant for 

certificate reissuance to reflect a previous examination the applicant had passed. This provision was deleted from this 
final rule. OSM has concluded that an applicant for certificate reissuance should take and pass the same examination as 

an applicant for certificate issuance. Thus, there is no need for a provision authorizing OSM to modify the examination. 

 

ADDITIONAL ISSUES 

 One commenter noted that the proposed rule did not specify any locations where OSM would hold examinations, and 

recommended holding them near the mining operations affected by this rule. 

 OSM agrees that as far as practicable the examinations should be held in locations that are convenient to applicants. 

This rule does not specify any locations so that OSM will have maximum flexibility in selecting suitable examinations 

sites. The application submission deadlines in Section 955.13(a)(5) will give OSM sufficient advance notice of the 

demand for an examination at a particular site, and enable it to relocate an examination to a more convenient site in 

appropriate circumstances. 

 One commenter asked whether OSM would make available to the public in advance of the examination a large number 

of questions from which it would select a smaller number for each version of the examination. While OSM does plan to 

prepare several different versions of the examination, to preserve the integrity of the examination OSM will not disclose 

any of the questions in advance. The list of topics in 30 CFR 850.13(b) and the general description of the examination in 

Section 955.14(b)(2), in conjunction with the completion of adequate formal training, will give each candidate for an 

OSM blaster certificate adequate notice of what the examination questions will cover. 

 Several commenters suggested that OSM should divide the examination into sections, and require an applicant to 

retake only those sections which he or she fails to pass. The knowledge and skills required to conduct safe blasting 

operations are comprehensive in scope and not readily separable into discrete parts. A piecemeal approach to 

examination or reexamination would not accurately measure an applicant's overall qualifications. Furthermore, OSM 

believes that any benefits which a piecemeal approach to the examination might provide to applicants would not justify 

the resulting substantial increase in the administrative cost burdens which would be incurred by OSM. Therefore, this 

suggestion was not adopted in the final rule. 

 Several commenters recommended that OSM develop a different examination for each type of blast initiation system, 

and then restrict the resulting certificate to operations employing that system. They also suggested that a certificate might 

be restricted to operations in a particular State or region where that initiation system was in use. An applicant who 

wished to qualify for all types of systems or all jurisdictions would have to seek a comprehensive certificate. 

 This recommendation is evaluated in the subsequent discussion of Section 955.15(b), under the heading Restricted 

Certification. OSM has determined that it will not be appropriate to issue restricted certificates, either on the basis of 

initiation system or of jurisdiction, hence, different examinations will not be required. The examination will cover blasting 

concepts of general application, will pertain equally to all systems, and will be the same for all Federal program States 

and Indian lands. 

 

SECTION 955.14(c) - REEXAMINATION. 

SECTION 955.14(c)(1) 

 Section 955.14(c)(1) allows an applicant who fails the examination to apply for reexamination by submitting a new 

application, including the prescribed fee. However, no person may take the examination more than 2 times in any 

12-month period. Applicants are advised to keep a copy of each application for reference in preparing any subsequent 

applications. 

 Because a significant amount of time may elapse between failure and reexamination, with corresponding changes in 

the information provided by the applicant, a candidate for reexamination must submit an entire new application. Except 

where the applicant is not required to resubmit a training voucher, an application for reexamination does not differ from 

an initial application for the same type of certificate. Because the costs associated with processing the new application 

and conducting the reexamination are the same as for an original application, the applicant also is required to submit a 

new fee. 
 For determining how many times an applicant has taken the examination, the 12-month period is measured back in 

time from the date on which the applicant desires to repeat the examination. If more than 1 previous examination falls 

within that 12-month period OSM will not admit the applicant for reexamination on that date. OSM has adopted this 

limit to ensure that candidates for reexamination have sufficient time to study and gain the additional experience needed 

to prevent repeated examination failures. 

 One commenter maintained that the proposed limit of 2 examinations in a 12-month period was unnecessarily 

restrictive. This commenter suggested a frequency of no more than 1 examination in any 60 day period, and if the 

examination were divided into sections no more than 1 examination in any 30 day period. This commenter also 

recommended increasing the allowed frequency of reexamination during the first year-and-a-half of the program. 

 This commenter recommended more frequent reexamination for three reasons: One, the proposed limit might put 

miners who failed the examination out of work in the early part of the program. Two, the limit on reexamination, in 

conjunction with retesting requirements, could impede miners from moving from State-to-State. And three, this 

commenter disagreed with the statement in the proposed rule that a limit on reexamination was needed to give applicants 

who failed the examination time to gain more practical experience. 

 OSM disagrees, and has adopted none of the suggested alternatives. Nothing in the proposed rule will put a qualified 

applicant for an OSM blaster certificate out of work. An applicant who fails the examination the first time can take it a 

second time as soon as a new application and fee are processed and a subsequent examination is held. Anyone who is 

reasonably diligent in submitting applications should be able to take and retake the examination if necessary in the 

12-month period between the effective date of this rule and the date when the requirement for a certificate is 

implemented. And anyone who fails to pass the examination before the requirement for a certificate is implemented can 

continue to work as a member of a blasting crew. 

 Nor will the limit on reexamination impede the movement of blasters from State to State. An OSM blaster certificate 

is valid in all Federal program States and on all Indian lands. The holder of a certificate may work in any of these 

jurisdictions without restriction. Although a blaster who wants to work in a State with a State regulatory program must 

have a State blaster certificate, the limit on reexamination under this rule will not prevent an applicant for a State 

certificate from taking the State examination. 

 OSM continues to believe that an applicant who fails the examination 2 times in a 12-month period will benefit from 

gaining additional practical experience before reexamination. Although the examination is in written form, it measures not 

only blasting technique, but also the practical knowledge an applicant gains through on-the-job training and experience. 

This rule will increase the likelihood that an applicant who fails the examination repeatedly will gain the added theoretical

and practical knowledge needed to pass it on a subsequent attempt. 

 One commenter suggested that OSM should limit reexamination to those topics an applicant failed to pass on the 

previous attempt. As discussed previously for Section 955.14(b), OSM will not divide the examination into separate 

sections, either for initial examination or for reexamination. 

 One commenter concluded that an applicant who failed the examination at the start of a 12-month period, and again at 

the end of the period could not take the examination again for 1 full year. This interpretation of the rule is incorrect. On 

the anniversary of the first attempt the applicant would be eligible to take the examination a third time without exceeding 

the limit of 2 examinations in a 12-month period. 

SECTION 955.14(c)(2) 

 Under Section 955.14(c)(2), any person who fails the examination and submits a new application within 2 years of 

completing training as provided in Section 955.12(a) need not repeat training or resubmit evidence of having completed 

training. This is a new provision that did not appear in the proposed rule. It was added to clarify that retraining is not 

necessarily required for reexamination, and to eliminate the unnecessary resubmission of evidence when OSM already has 

evidence of current training on file for the applicant. An applicant for reexamination who does not submit a new 

application within 2 years of completing training must repeat training and submit new evidence of having completed 

training. Any application for reexamination must otherwise meet the requirements for an original application. 

 
SECTION 955.14(d) - FAILURE TO ATTEND. 

 Except where the applicant shows and OSM finds good cause, Section 955.14(d) authorizes OSM to reject the 

pending application of anyone who fails to take the examination after OSM has granted his or her request for admission. 

This section is essentially the same as proposed. 

 OSM will administer this section as follows: 

 Either before or after the examination is held, an applicant may show OSM that he or she has good cause for failing to 

take it. For example, medical, employment or other unforeseen circumstances may make it impracticable for an applicant 

to take the examination. By notifying OSM sufficiently in advance of the examination date, the applicant may learn 

whether OSM will reject his or her application, and adjust his or her plans accordingly. 

 To make the showing an applicant should send OSM a letter describing the cause of the failure, and indicating the new 

date, if any, when the applicant desires to take the examination. Within a reasonable time after receiving the letter, OSM 

will notify the applicant of its decision. 

 If OSM has not received such a letter from an applicant who fails to take the examination, OSM will notify the 

applicant that he or she has 30 days to show good cause and to request a subsequent examination date, after which OSM 

may reject his or her application. 

 OSM will have complete discretion in determining whether an applicant shows good cause for failing to take the 

examination, and its decision will be final and not subject to appeal. An applicant whose application is rejected under 

Section 955.14(e) may reapply for an OSM blaster certificate by submitting a new application. 

 

SECTION 955.15 - CERTIFICATION. 

 Section 955.15 governs: (a) The processing of an application for an OSM blaster certificate; (b) the grant of a 

certificate; (c) the term of a certificate; (d) the limits on certificate renewal; (e) the grant of a temporary certificate; (f) the 

conditions of certification; and (g) notice of a certificate holder's change of address. 

 

SECTION 955.15(a) - PROCESSING OF APPLICATION. 

 Section 955.15(a) governs the processing of an application for an OSM blaster certificate. It establishes procedures 

for: (1) Notifying an applicant of the receipt of, and of any deficiency in, his or her application; (2) notifying an applicant 

that his or her request for admission to a scheduled examination either is granted or denied; and (3) rejecting an 

application. 

 This section differs from the proposed rule in two ways. One, unlike proposed paragraph (a), which required OSM to 

notify only an applicant for certificate issuance or reissuance of the status of his or her application, and of any deficiency, 

final paragraph (a)(1) requires OSM to provide this notice to every applicant. This change eliminates the inconsistent 

treatment the proposed rule gave to applicants for different types of certificates. 

 And two, paragraph (a)(2) is added to require explicitly that when OSM determines that an applicant has failed to 

qualify for an OSM blaster certificate, OSM shall reject his or her application and notify him or her accordingly. The 

authority given to OSM by this section was implicit throughout the proposed rule, as was the requirement for notice to 

the affected applicant. This section merely defines that authority in concrete terms, as well as the criterion OSM is to 

apply in rejecting an application. In administering this section OSM will determine that an applicant has failed to qualify 

for an OSM blaster certificate only after the applicant has had a reasonable opportunity to comply with the procedures 

established by this part. 

 
SECTION 955.15(b) - GRANT OF CERTIFICATE. 

 Section 955.15(b) requires OSM to: 

 (1) Issue or reissue an OSM blaster certificate to any qualified applicant who completes the applicable training, passes 

the examination, and is found by OSM to be competent and to have the necessary knowledge and experience to accept 

responsibility for blasting operations; 

 (2) Renew one time the issued or reissued OSM blaster certificate of any qualified applicant; 

 (3) Replace the OSM blaster certificate of any qualified applicant who presents satisfactory evidence that his or her 

certificate was lost or destroyed; 

 (4) Grant an OSM blaster certificate through reciprocity as provided in Section 955.16; or 

 (5) Reinstate a suspended, or reissue a revoked, OSM blaster certificate as provided in Section 955.17(e). 

 The term "grant" did not appear in the proposed rule. To simplify the language of the rule, it is used to refer generally 

to certificate issuance, renewal, reissuance and replacement, and to certification through reciprocity. The term "qualified 

applicant" is included in this section to insure that all of the requirements of Part 955 are taken into consideration by 

OSM in deciding to grant or deny a certificate to a particular applicant. 

 Paragraph (b)(5) is a new provision that did not appear in the proposed rule. It does not impose any new requirement, 

but merely references subsequent Section 955.17(e), which governs the reinstatement of a suspended certificate and the 

reissuance of a revoked certificate. 

RESTRICTED CERTIFICATION 

 Several commenters suggested that OSM should issue several classes of certificates, based on the different blast 

initiation systems currently in use. To be certified for all systems, a blaster would have to obtain a comprehensive 

certificate. OSM did not adopt this suggestion. A candidate who qualifies for an OSM blaster certificate through training 

and experience with one initiation system will be able to use any other system safely. The principles that enable a blaster 

to control ground vibration, airblast, and flyrock are uniform from system to system. OSM will neither require training in, 

nor base either the examination or certification on, any particular type of blast initiation system. 

 One commenter suggested that OSM should restrict an OSM blaster certificate to a specific State or region. OSM did 

not adopt this suggestion. An OSM blaster certificate will entitle the holder to work as a blaster in all Federal program 

States and on all Indian lands. The requirements of Part 955 will ensure that a blaster is qualified to conduct safe blasting 

operations, regardless of the State or region involved. 

 Also, as discussed previously for Section 955.1, under the heading Relationship to State Law and Programs, in 

addition to complying with any Federal requirements a blaster must comply with applicable State law and regulations. To 

the extent the requirements for certification under Part 955 do not meet the needs of a particular State, the State may 

impose additional non-conflicting requirements. Thus, there is no reason to tailor an OSM blaster certificate to the 

requirements of any State or region. 

 One commenter wanted OSM to grant a certificate only to those persons who truly need it to work as a blaster in a 

Federal program State or on Indian lands, but deny a certificate to those who want one only for the status it might 

convey. Another commenter thought that any qualified candidate should be able to obtain a certificate. 

 OSM disagrees with the former commenter, and agrees with the latter. This rule does not authorize OSM to consider 

an applicant's need in evaluating his or her qualifications for an OSM blaster certificate. There is no way by which OSM 
objectively could measure the need for a certificate. Therefore, OSM will issue an OSM blaster certificate to any 

applicant who has the required qualifications, and will not attempt to assess the applicant's need or motive. 

 

SECTION 955.15(c) - TERM OF CERTIFICATE. 

 Section 955.15(c) specifies the terms of the different types of OSM blaster certificates. Under this section, OSM will 

issue a certificate for a term to expire 3 years from the date of issuance. 

 A renewed or reissued certificate will expire 3 years from the expiration date of the applicant's current or expired 

certificate. This will provide continuity of certification without penalizing an applicant who applies in a timely manner. 

And it will preclude the possibility of extending the certificate term by submitting a late application. The term "expired" 

was added to paragraphs (c)(2) and (c)(3) to clarify the intent of the proposed rule, in which the term "current" was 

ambiguously used to refer to both in-force and expired certificates. Neither the term "current" nor the term "expired" 

applies to a temporary certificate, and the granting of a temporary certificate has no effect on the term of any subsequent 

certificate. 

 A replacement certificate will expire on the same date as the applicant's lost or destroyed certificate. 

 A certificate granted through reciprocity will expire 60 days after the expiration date of the corresponding State 

certificate. This 60 day extension will prevent a potential lapse of OSM certification in the period when OSM is 

processing a reciprocity application. Since an applicant may qualify for reciprocity only after the corresponding State 

certificate is granted, the OSM certification process necessarily will lag that of the State. If the State and OSM 

certificates expired on the same date it would not be possible for an applicant to requalify for reciprocity before the OSM 

certificate expired. 

 

SECTION 955.15(d) - LIMITS ON RENEWAL. 

 Section 955.15(d) prohibits OSM from renewing an OSM blaster certificate more than 1 time. It also prohibits OSM 

from renewing an OSM blaster certificate that expired more than 1 year prior to the date of an application for renewal. 

To extend a renewed certificate, or one that has been expired for more than 1 year, the certificate holder must apply to 

OSM for certificate reissuance. 

 The limitation to a single certificate renewal will ensure that each blaster is trained and examined at 6-year intervals, 

and thus ensure that he or she continues to have the competence, knowledge and experience necessary to accept 

responsibility for conducting blasting operations. 

 One commenter disagreed with the proposed limit on certificate renewal as unnecessary and counterproductive, while 

agreeing that a certificate holder should be required to demonstrate continuing proficiency. As an alternative to renewal, 

this commenter suggested the concept of certificate continuance. To qualify for certificate continuance, an applicant 

merely would have to provide evidence of sufficient recent experience. 

 OSM did not adopt this suggestion. Certificate continuance would not give a blaster adequate incentive to maintain 

his or her initial proficiency, or to keep abreast of current developments. The lack of a requirement for periodic training 

and examination would deprive a blaster of the incentive to obtain necessary information and feedback on a regular basis 

in an organized training course. And it would severely reduce the ability of OSM to reevaluate a blaster's qualifications at 

regular intervals. 

 The prohibition in this rule against the renewal of a certificate that expired more than 1 year prior to the date of an 

application for renewal is a new provision that was suggested in the proposed rule. It fills a gap in the proposed rule 

regarding how OSM should treat an applicant who holds an expired certificate. OSM has concluded that since an 

applicant who holds such a certificate would not have worked as a blaster for at least 1 year, and possibly more, he or she 

would be likely to need the additional training, and should be required to pass the examination required for certificate 

reissuance. 

 The proposed rule solicited public comment on whether the final rule should set such a 1-year deadline. Only one 

comment was received on this issue. The commenter suggested that 90-120 days before the expiration date of an OSM 

blaster certificate, OSM should send to the holder a notice of expiration. The period of 90-120 days was suggested to 
give the holder time to meet the 60-day deadline for submitting an application, as required by Section 955.13(a)(4). This 

commenter also suggested that OSM should notify any blaster whose certificate had expired, and then issue a temporary 

certificate if an application for renewal or reissuance was submitted within 30 days. If this notice were provided, the 

commenter thought the 1-year limit that was suggested in the proposed rule was neither necessary nor appropriate. 

 OSM disagrees with this comment regarding the 1-year limit on renewal of an expired certificate. As was explained 

previously, this limit is included in the final rule. There is, however, no time limit for submitting an application for the 

reissuance of an expired certificate. 

 OSM agrees with the comment, however, that a notice of certificate expiration would be useful to blasters, and 

although not required to do so by this rule OSM will provide such notice on a discretionary basis in administering the 

blaster certification program. Approximately 90 days before a certificate is due to expire, OSM will attempt to send the 

blaster written notice of the need for renewal or reissuance. 

 This advance notice will be entirely discretionary, and any failure of OSM to provide it will have no effect on any 

requirement of Part 955. Along with this notice OSM also may provide a copy of the application form, and updated 

information concerning training, the examination, or other requirements. As this advance notice should be sufficient to 

inform a blaster of the need to extend his or her certificate, OSM will not provide any additional notice once a certificate 

has expired. 

 Finally, OSM agrees with this commenter that the period during which an applicant may request a temporary 

certificate should not extend beyond 30 days after certificate expiration, and has revised this rule accordingly. For more 

information on the affected provision, see the following discussion of Section 955.15(e). 

 

SECTION 955.15(e) - TEMPORARY CERTIFICATE. 

 Section 955.15(e) authorizes OSM, in its discretion, to issue a temporary OSM blaster certificate for a maximum term 

of 90 days to any applicant who demonstrates that his or her current certificate is about to expire, or expired within 30 

days prior to the date of his or her application, for reasons beyond his or her control. 

 The proposed rule did not set a deadline by which an applicant must request a temporary certificate. However, as 

noted in the preceding discussion of Section 955.15(d), a commenter suggested the 30-day limit adopted in this rule. 

OSM has concluded that this 30-day limit is necessary to ensure that a temporary certificate does not extend 

unreasonably beyond the date of the expired certificate, and that a temporary certificate is granted only to persons who 

are likely to meet the qualifications for the grant of a regular certificate. 

 

SECTION 955.15(f) - CONDITIONS OF CERTIFICATION. 

 Section 955.15(f) requires the holder of an OSM blaster certificate to comply with the conditions specified in 30 CFR 

850.15 (d) and (e). These conditions concern protecting a certificate, exhibiting a certificate upon request, and 

prohibitions against the assignment or transfer of a certificate and the delegation of a blaster's responsibility. 

 

SECTION 955.15(g) CHANGE OF ADDRESS. 

 Section 955.15(g) requires the holder of an OSM blaster certificate to notify OSM in writing within 30 days of any 

change in his or her address. 

 This new provision, which did not appear in the proposed rule, merely extends the proposed requirement for current 

address information in the application. It will enable OSM to maintain up-to-date records on where to send the notices 

required by Section 955.15(a), as well as the discretionary notice of impending certificate expiration previously discussed 

under Section 955.15(e). 

 

SECTION 955.16 - RECIPROCITY. 

 Section 955.16 governs the grant of an initial or subsequent OSM blaster certificate through reciprocity. It applies 

only to persons who hold a current blaster certificate issued by a State regulatory authority, and only to the grant of a 
certificate by OSM. It does not apply when the holder of an OSM blaster certificate moves from one Federal program 

State to another, or to or from Indian lands. While a State may impose additional nonconflicting requirements, an OSM 

blaster certificate is valid in any Federal program State or on any Indian lands, and in these jurisdictions there is no need

for a blaster to seek reciprocity from the State. 

 Proposed Section 955.16(d) was deleted from this rule because replacement of a certificate granted through 

reciprocity is covered adequately by the general provision for certificate replacement in Section 955.15(b)(3). 

 

SECTION 955.16(a) - GRANT OF CERTIFICATE. 

 Section 955.16(a) combines proposed paragraphs (a) and (b) to eliminate duplication. It requires OSM to grant an 

OSM blaster certificate through reciprocity to any qualified applicant who holds a current blaster certificate granted by a 

State regulatory authority under an OSM-approved State blaster certification program. The State must have an approved 

blaster certification program, and not merely an approved State program, since in some instances the latter might exist 

without the former. 

 This section now states that an applicant for a certificate through reciprocity need not otherwise demonstrate that he 

or she meets the age, experience, knowledge, competence, training and examination requirements of Part 955. This new 

provision was added to clarify the implicit intent of the proposed rule. 

 The proposed rule would have required that the OSM-approved State blaster certification program have "rules no less 

effective than this part." This phrase was deleted from the final rule as superfluous because an OSM-approved State 

program necessarily must meet this standard. 

 The application, certification, suspension and revocation, and other applicable procedures for a certificate through 

reciprocity are specified elsewhere in Part 955. 

 OSM received several public comments that misinterpreted the scope of this section. One commenter used the term 

"State regulatory authority" as applying to any State agency with jurisdiction over the licensing or certification of persons

for the storage, transportation or use of explosives. Under this rule, however, the term "State regulatory authority" 

applies only to a State agency administering the Act under a State regulatory program. For the definition of the term 

"regulatory authority." see 30 CFR 700.5. 

 Another commenter misinterpreted this rule as affecting the right of a State to grant or deny reciprocity to the holder 

of an OSM or out-of-State blaster certificate. This rule governs only the grant of a certificate through reciprocity by 

OSM. It does not require any State either to grant or to deny reciprocity to a blaster licensed or certified by either OSM 

or another State. 

 

SECTION 955.16(b) - SUBSEQUENT CERTIFICATE. 

 Section 955.16(b) governs the grant of a subsequent certificate to a person who holds an OSM blaster certificate 

granted through reciprocity. Paragraph (b)(1) authorizes the holder to obtain a subsequent certificate either through 

reciprocity, or by meeting directly the applicable requirements of Part 955 for certificate issuance, renewal or reissuance. 

Paragraph (b)(2) prohibits OSM from recognizing a certificate granted through reciprocity as qualifying an applicant for 

certificate issuance, renewal or reissuance. 

 This section will prevent an applicant from using reciprocity as the initial step toward obtaining full OSM certification. 

An applicant granted an OSM certificate through reciprocity must continue to rely on reciprocity unless he or she 

otherwise qualifies under the procedures of this part for the issuance, renewal or reissuance of a certificate. 

 One commenter noted that if OSM withdrew approval of a State blaster certification program there could be blasters 

whose OSM blaster certificates were based on reciprocity with that State program. This commenter was concerned that a 

blaster in this situation would no longer be able to rely on reciprocity to obtain a renewed or reissued OSM blaster 

certificate, but would have to meet the training and examination requirements of Part 955. This commenter concluded 

that in this situation a blaster who previously had qualified for a certificate through reciprocity should be exempt from 

meeting any additional training and examination requirements. 
 OSM disagrees. This rule provides for reciprocity to avoid duplicating the requirements of approved State blaster 

certification programs with rules no less effective than Part 955. If OSM withdrew the approval of a State blaster 

certification program any basis for reciprocity would cease to exist. Moreover, a State program for which approval is 

withdrawn may have included inadequate provision for training and examination. It would be inconsistent for OSM on 

the one hand to withdraw approval of a deficient State program, but on the other hand to exempt an applicant for an 

OSM blaster certificate from additional training and testing on the basis of that deficient program. 

 Due to the variety of situations that might arise, it is not possible to specify the effect of State program withdrawal on 

each OSM blaster certificate that is based on reciprocity. If OSM finds it necessary to withdraw the approval of a State 

blaster certification program, upon promulgating a Federal program for that State it will inform any affected blasters of 

what they must do to comply with Part 955. 

 

SECTION 955.17 - SUSPENSION AND REVOCATION. 

 Section 955.17 governs the suspension and revocation of an OSM blaster certificate. It specifies: (a) The cause, nature 

and duration of a suspension or revocation: and procedures for (b) notice and hearing, (c) decision and appeal; (d) 

surrender of a certificate; (e) certificate reinstatement and reissuance; and (f) conformance with State action. 

 

SECTION 955.17(a) - CAUSE, NATURE AND DURATION. 

 Section 955.17(a)(1) authorizes, or upon a finding of willful conduct of the blaster requires, OSM to suspend for a 

definite or indefinite period, revoke or take other necessary action on the certificate of an OSM-certified blaster for any 

of the reasons specified in 30 CFR 850.15(b). The term "OSM-certified" was added to modify the term "blaster" in this 

and other paragraphs of this section to clarify that this rule applies only to certificates issued under this part. 

 The reasons for suspension and revocation specified in 30 CFR 850.15(b) include noncompliance with any order of 

the regulatory authority; unlawful use in the workplace of, or current addiction to, alcohol, narcotics or other dangerous 

drugs; violation of any provision of State or Federal explosives laws or regulations; and providing false information or a 

misrepresentation to obtain certification. 

 Section 955.17(a)(2) requires OSM to suspend the certificate of the blaster as soon as is practicable where it has 

reliable information which demonstrates that the storage, transportation or use of explosives by an OSM-certified blaster 

is likely to threaten public safety or the environment. 

 Section 955.17(a)(3) requires OSM to make the nature and duration of a suspension, revocation or other action 

commensurate with the cause of the action and what the blaster does to correct it. The wording of this section is 

essentially the same as the last sentence of proposed paragraph (a)(1). It was relocated in a separate paragraph to clarify 

that this requirement applies not only to a suspension, revocation or other action under paragraph (a)(1), but also to a 

suspension under paragraph (a)(2). 

 

SECTION 955.17(b) - NOTICE AND HEARING. 

 Section 955.17(b) requires OSM, when practicable, to provide to the affected certificate holder written notice and an 

opportunity for an informal hearing prior to suspending, revoking or taking other action on an OSM blaster certificate. It 

requires OSM to limit any action taken without such notice and opportunity to a temporary suspension for a maximum 

term of 90 days pending a decision on final suspension, revocation or other action after such notice and opportunity have 

been provided. 

 This section differs from the proposed rule in several ways. The term "affected blaster" was changed to "certificate 

holder" because the former term would have been inapt in situations where OSM revoked a certificate before it provided 

the required notice, as the holder of a revoked certificate would not meet the definition of "blaster." This change does not 

affect the substance of the rule. Also, the period of a temporary suspension was limited to a maximum of 90 days. This 

will insure that a certificate holder subject to a temporary suspension is given a reasonably prompt opportunity for a 

hearing. 
SECTION 955.17(c) - DECISION AND APPEAL. 

 Section 955.17(c) requires OSM to notify the certificate holder of its final decision affecting his or her OSM blaster 

certificate, including the reason for any suspension, revocation or other action, by certified mail within 30 days after 

written notice and an opportunity for an informal hearing. The term "certificate holder" was substituted for the term 

"affected blaster" for the same reason as previously discussed for Section 955.17(b). If the certificate was issued through 

reciprocity, OSM also must notify the State regulatory authority of its action. 

 In addition, in any decision suspending, revoking or taking other action on an OSM blaster certificate, Section

955.17(c) requires OSM to grant to the certificate holder the right of appeal to the Department of the Interior Board of 

Land Appeals under 43 CFR 4.1280 to 4.1286. The specific reference to the applicable appeal procedures, which did not 

appear in the proposed rule, was added for the information of potential appellants. OSM is required to grant the right of 

appeal in the decision itself because such a grant is a prerequisite to appeal under the referenced provisions. 

 

SECTION 955.17(d) - SURRENDER OF CERTIFICATE. 

 Section 955.17(d) requires a certificate holder, upon receiving written notice of a suspension, revocation or other 

action, immediately to surrender to OSM his or her OSM blaster certificate to OSM in the manner specified in the notice. 

Again, the term "certificate holder" was substituted for the proposed term "the blaster" for the reasons previously 

discussed for Section 955.17(b). A requirement that the notice be in writing was added to eliminate ambiguity. And 

finally, the phrase "in the manner specified in the notice" was added to clarify how the blaster is to accomplish the 

surrender. This latter change, which requires OSM to inform the blaster of the applicable procedures, will make it easier 

for a blaster to comply with this section. 

 

SECTION 955.17(e) - REINSTATEMENT AND REISSUANCE. 

 Section 955.17(e) governs the reinstatement or reissuance of a suspended or revoked OSM blaster certificate. 

Paragraph (e)(1) requires OSM to reinstate a suspended certificate when (i) the term of a definite suspension expires, or 

(ii) when the former certificate holder demonstrates and OSM finds that the cause of an indefinite suspension has been 

corrected. The term "former certificate holder" was substituted for the proposed term "blaster" for the reasons previously 

discussed for a similar change in Section 955.17(b). Upon reinstatement, OSM must return the certificate to the blaster 

with written notice. 

 Paragraph (e)(2) requires OSM to reissue a certificate to an applicant whose certificate was revoked if his or her 

application demonstrates, and OSM finds, (i) that the cause of the revocation has been corrected, and (ii) that the 

applicant meets all other applicable requirements of Part 955. This section combines the overlapping requirements of 

proposed Sections 955.17(e) and 955.17(f) to eliminate unnecessary duplication and simplify the rule. It does not change 

the substance of what was proposed. 

 

SECTION 955.17(f) - CONFORMANCE WITH STATE ACTION. 

 Section 955.17(f) corresponds with proposed Section 955.17(g). It requires OSM to suspend, revoke or take other 

commensurate action on an OSM blaster certificate granted through reciprocity if the State regulatory authority 

suspends, revokes or takes other action on the corresponding State certificate. 

 

III. PROCEDURAL MATTERS 

 

Federal Paperwork Reduction Act 

 The information collection requirements in this rule were submitted to the Office of Management and Budget under 44 

U.S.C. 3507 and assigned clearance number 1029-0083. The information is needed to meet the requirements of sections 

504, 515, 516, 710 and 719 of Pub. L. 95-87, and will be used by OSM in the certification of blasters. The obligation to 

respond is mandatory. 

 
Executive Order 12291 

 The DOI has examined this rule according to the criteria of Executive Order 12291 (February 17, 1981) and has 

determined that it is not major and does not require a regulatory impact analysis. The proposed changes will not have an 

adverse effect on the investment or productivity of United States coal operators. Employment in the coal industry will 

not be significantly affected since the rule will not affect coal production procedures. There also will be no effect on the 

ability of United States coal operators to compete with foreign coal operators in the domestic or export markets. While 

some costs may increase, they will be offset by corresponding increases in safety, which will benefit both coal operators 

and the public in general. 

 

Regulatory Flexibility Act 

 The DOI has determined, pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., that this rule will not have a 

significant economic impact on a substantial number of small entities because the cost to an operator or blaster for a 

certificate is minimal. 

 

National Environmental Policy Act 

 To the extent this rule governs the certification of blasters in Federal Program States it is part of a Federal program, 

the promulgation of which is exempt under section 702(d) of the Act, 30 U.S.C. 1292(d), from compliance with section 

102(2)(C) of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). 

 To the extent this rules governs the certification of blasters on Indian lands, OSM has prepared an environmental 

assessment (EA) and has made a finding that it would not significantly affect the quality of the human environment. The 

EA and finding of no significant impact are on file in the administrative record for this rule in the OSM Administrative 

Record Room at 1100 L Street, NW., Washington, DC. 

 

Author 

 The author of this final rule is Arthur Anderson, Office of Surface Mining Reclamation and Enforcement, 1951 

Constitution Avenue, NW., Washington, DC 20240; Telephone: 202-343-1504 (Commercial or FTS). 

 

Certification 

 An application form for an OSM blaster certificate may be obtained from any OSM office. Contact your nearest OSM 

office to determine the dates, locations and times of any certification examinations that may be scheduled for your 

vicinity. Your application for a certificate must be submitted to and approved by OSM before you may take the 

examination. 

 

LIST OF SUBJECTS 

 

30 CFR Part 750 

 Indian lands, Reporting and recordkeeping requirements, Surface mining. 

 

30 CFR Part 816 

 Environmental protection, Reporting and recordkeeping requirements, Surface mining. 

 

30 CFR Part 817 

 Environmental protection, Reporting and recordkeeping requirements, Underground mining. 

 

30 CFR Part 900 

 Intergovernmental relations, Surface mining, Underground mining. 

 

30 CFR Part 910 

 Administrative practice and procedure, Environmental protection, Intergovernmental relations, Penalties, Surety 

bonds, Surface mining, Underground mining. 

 

30 CFR Part 912 

 Intergovernmental relations, Surface mining, Underground mining. 

 
30 CFR Part 921 

 Administrative practice and procedure, Intergovernmental relations, Penalties, Surface mining, Underground mining. 

 

30 CFR Part 922 

 Administrative practice and procedure, Intergovernmental relations, Penalties, Surface mining, Underground mining. 

 

30 CFR Part 933 

 Intergovernmental relations, Surface mining, Underground mining. 

 

30 CFR Part 937 

 Administrative practice and procedure, Intergovernmental relations, Penalties, Surface mining, Underground mining. 

 

30 CFR Part 939 

 Administrative practice and procedure, Intergovernmental relations, Penalties, Surface mining, Underground mining. 

 

30 CFR Part 941 

 Intergovernmental relations, Surface mining, Underground mining. 

 

30 CFR Part 942 

 Intergovernmental relations, Reporting and recordkeeping requirements, Surface mining, Underground mining. 

 

30 CFR Part 947 

 Intergovernmental relations, Surface mining, Underground mining. 

 

30 CFR Part 955 

 Coal mining, Explosives, Indian lands, Intergovernmental relations, Safety, Surface mining, Training program, 

Underground mining. 

 For the reasons set out in the preamble, 30 CFR Parts 750, 816, 817, 900, 910, 912, 921, 922, 933, 937, 939, 941, 

942, and 947 are amended, and 30 CFR Part 955 is added, as follows: 

Dated: April 14, 1986. 

J. Steven Griles, Assistant Secretary for Land and Minerals Management. 

PART 750 -- REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS ON 

INDIAN LANDS 

 1. The authority citation for Part 750 continues to read as follows: 

 Authority: 30 U.S.C. 1201-1328; 5 U.S.C. 301. 

 2. Section 750.19 is revised to read as follows: 

SECTION 750.19 - CERTIFICATION OF BLASTERS. 

 A person seeking to conduct blasting operations on Indian lands shall comply with the requirements of Sections

816.61(c) and 817.61(c) and Part 955 of this chapter. 
PART 816 -- PERMANENT PROGRAM PERFORMANCE STANDARDS -- SURFACE MINING 

ACTIVITIES 

 3. The authority citation for Part 816 reads as follows: 

 Authority: Pub. L. 95-87 (30 U.S.C. 1201 et seq.), unless otherwise noted. 

 4. Paragraph (c)(4) of Section 816.61 is revised to read as follows: 

SECTION 816.61 - USE OF EXPLOSIVES: GENERAL REQUIREMENTS. 

 

* * * * * 

(c) * * * 

(4) Any blaster who is responsible for conducting blasting operations at a blasting site shall: 

(i) Be familiar with the blasting plan and site-specific performance standards; and 

(ii) Give direction and on-the-job training to persons who are not certified and who are assigned to the 

blasting crew or assist in the use of explosives. 

 

* * * * * 

PART 817 -- PERMANENT PROGRAM PERFORMANCE STANDARDS -- UNDERGROUND MINING 

ACTIVITIES 

 5. The authority citation for Part 817 continues to read as follows: 

 Authority: Pub. L. 95-87 (30 U.S.C. 1201 et seq.). 

 6. Paragraph (C)(4) of Section 817.61 is revised to read as follows: 

SECTION 817.61 - USE OF EXPLOSIVES: GENERAL REQUIREMENTS. 

 

* * * * * 

(c) * * * 

(4) Any blaster who is responsible for conducting blasting operations at a blasting site shall: 

(i) Be familiar with the site-specific performance standards; and 

(ii) Give direction and on-the-job training to persons who are not certified and who are assigned to the 

blasting crew or assist in the use of explosives. 

 

* * * * * 

PART 900 -- INTRODUCTION 

 7. The authority citation for Part 900 continues to read as follows: 

 Authority: Sections 102, 201, 405, 503, 504, 505 and 523 of Pub. L. 95-87 (30 U.S.C. 1201, 1211, 1235, 1253, 1254, 

and 1273). 
 8. Section 900.1 is revised to read as follows: 

SECTION 900.1 - SCOPE. 

 This part sets forth the purpose and organization of Parts 901-955 of this subchapter. 

 9. Section 900.11 is revised to read as follows: 

SECTION 900.11 - ORGANIZATION OF THIS SUBCHAPTER. 

 Parts 901 through 950 are reserved for each State alphabetically. The program applicable within each State is codified 

in the part for that State. In addition, Part 955 establishes rules pursuant to Part 850 of this chapter for the training, 

examination and certification of blasters by OSM for surface coal mining operations in States with Federal programs and 

on Indian lands. 

 10. Section 900.13 is revised to read as follows: 

SECTION 900.13 - FEDERAL PROGRAMS AND FEDERAL COAL EXPLORATION PROGRAMS. 

 The rules for each Federal program and Federal coal exploration program are codified below under the assigned part 

for the particular State. Rules governing the training, examination and certification of blasters for surface coal mining 

operations in States with Federal programs are codified in part 955, and referenced by each Federal program. 

PART 910 -- GEORGIA 

 11. The authority citation for Part 910 continues to read as follows: 

 Authority: Pub. L. 95-87, The Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 et seq. 

 12. Section 910.955 is added to read as follows: 

SECTION 910.955 - CERTIFICATION OF BLASTERS. 

 Part 955 of this chapter, Certification of Blasters in Federal Program States and on Indian Lands, shall apply to the 

training, examination and certification of blasters for surface coal mining and reclamation operations. 

PART 912 -- IDAHO 

 13. The authority citation for Part 912 continues to read as follows: 

 Authority: Pub. L. 95-87, The Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 et seq., 91 Stat 

445. 

 14. Section 912.955 is added to read as follows: 

SECTION 912.955 - CERTIFICATION OF BLASTERS. 

 Part 955 of this chapter, Certification of Blasters in Federal Program States and on Indian Lands, shall apply to the 

training, examination and certification of blasters for surface coal mining and reclamation operations. 
PART 921 -- MASSACHUSETTS 

 15. The authority citation for Part 921 continues to read as follows: 

 Authority: Pub. L. 95-87, The Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 et seq. 

SECTION 921.850 [Removed] 

 16. Section 921.850 is removed. 

 17. Section 921.955 is added to read as follows: 

SECTION 921.955 - CERTIFICATION OF BLASTERS. 

 Parts 955 of this chapter, Certification of Blasters in Federal Program States and on Indian Lands, shall apply to the 

training, examination and certification of blasters for surface coal mining and reclamation operations. 

PART 922 -- MICHIGAN 

 18. The authority citation for Part 922 continues to read as follows: 

 Authority: Pub. L. 95-87, 91 Stat. 445 (30 U.S.C. 1201 et seq.). 

 19. Section 922.955 is added to read as follows: 

SECTION 922.955 - CERTIFICATION OF BLASTERS. 

 Part 955 of this chapter, Certification of Blasters in Federal Program States and on Indian Lands, shall apply to the 

training, examination and certification of blasters for surface coal mining and reclamation operations. 

PART 933 -- NORTH CAROLINA 

 20. The authority citation for Part 933 continues to read as follows: 

 Authority: Pub. L. 95-87, The Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 et seq., 91 Stat. 

445. 

SECTION 933.850 [Removed] 

 21. Section 933.850 is removed. 

 22. Section 933.955 is added to read as follows: 

SECTION 933.955 - CERTIFICATION OF BLASTERS. 

 Part 955 of this chapter, Certification of Blasters in Federal Program States and on Indian Lands, shall apply to the 

training, examination and certification of blasters for surface coal mining and reclamation operations. 
PART 937 -- OREGON 

 23. The authority citation for Part 937 continues to read as follows: 

 Authority: Pub. L. 95-87, The Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 et seq. 

 24. Section 937.955 is added to read as follows: 

SECTION 937.955 - CERTIFICATION OF BLASTERS. 

 Part 955 of this chapter, Certification of Blasters in Federal Program States and on Indian Lands, shall apply to the 

training, examination and certification of blasters for surface coal mining and reclamation operations. 

PART 939 -- RHODE ISLAND 

 25. The authority citation for Part 939 continues to read as follows: 

 Authority: Pub. L. 95-87, The Surface Mining Control and Reclamation Act of 1977, 91 Stat. 445 et seq. (30 U.S.C. 

1201 et seq.). 

SECTION 939.850 [Removed] 

 26. Section 939.850 is removed. 

 27. Section 939.955 is added to read as follows: 

SECTION 939.955 - CERTIFICATION OF BLASTERS. 

 Part 955 of this chapter, Certification of Blasters in Federal Program States and on Indian Lands, shall apply to the 

training, examination and certification of blasters for surface coal mining and reclamation operations. 

PART 941 -- SOUTH DAKOTA 

 28. The authority citation for Part 941 continues to read as follows: 

 Authority: Pub. L. 95-87, The Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 et seq., 91 Stat. 

445. 

 29. Section 941.955 is added to read as follows: 

SECTION 941.955 - CERTIFICATION OF BLASTERS. 

 Part 955 of this chapter, Certification of Blasters in Federal Program States and on Indian Lands, shall apply to the 

training, examination and certification of blasters for surface coal mining and reclamation operations. 
PART 942 -- TENNESSEE 

 30. The authority citation for Part 942 continues to read as follows: 

 Authority: Pub. L. 95-87, The Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.). 

SECTION 942.855 [Removed] 

 31. Section 942.855 is removed. 

 32. Section 942.955 is added to read as follows: 

SECTION 942.955 - CERTIFICATION OF BLASTERS. 

 Part 955 of this chapter, Certification of Blasters in Federal Program States and on Indian Lands, shall apply to the 

training, examination and certification of blasters for surface coal mining and reclamation operations. 

PART 947 -- WASHINGTON 

 33. The authority citation for Part 947 continues to read as follows: 

 Authority: Pub. L. 95-87, The Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.). 

SECTION 947.850 [Removed] 

 34. Section 947.850 is removed. 

 35. Section 947.955 is added to read as follows: 

SECTION 947.955 - CERTIFICATION OF BLASTERS. 

 Part 955 of this chapter, Certification of Blasters in Federal Program States and on Indian Lands, shall apply to the 

training, examination and certification of blasters for surface coal mining and reclamation operations. 

SUBCHAPTER T -- PROGRAM FOR THE CONDUCT OF SURFACE MINING ACTIVITIES WITHIN 

EACH STATE 

 36. In Subchapter T, Part 955 is added to read as follows: 

PART 955 -- CERTIFICATION OF BLASTERS IN FEDERAL PROGRAM STATES AND ON INDIAN 

LANDS 

Section 

955.1 Scope. 

955.2 Implementation. 

955.5 Definitions. 

955.10 Information collection. 

955.11 General requirements. 

955.12 Training. 

955.13 Application. 
955.14 Examination. 

955.15 Certification. 

955.16 Reciprocity. 

955.17 Suspension and revocation. 

 Authority: Pub. L. 95-87 (30 U.S.C. 1201 et seq.). Section 955.13 also issued under Section 9701, Pub. L. 97-258 (31 

U.S.C. 9701). 

SECTION 955.1 - SCOPE. 

 This part establishes rules pursuant to Part 850 of this chapter for the training, examination and certification of 

blasters by OSM for surface coal mining operations in States with Federal programs and on Indian lands. It governs the 

issuance, renewal, reissuance, suspension and revocation of an OSM blaster certificate, replacement of a lost or 

destroyed certificate, and reciprocity to a holder of a certificate issued by a State regulatory authority. 

SECTION 955.2 - IMPLEMENTATION. 

 In accordance with Sections 750.19, 816.61(c) and 817.61(c) of this chapter, after June 30, 1987, in Federal program 

States and on Indian lands any person who is responsible for conducting blasting operations at a blasting site shall have a 

current OSM blaster certificate. 

SECTION 955.5 - DEFINITIONS. 

 As used in this part: 

APPLICANT means a person who submits an application for an OSM blaster certificate. 

APPLICATION means a request for an OSM blaster certificate submitted on the prescribed form, including the required 

fee and any applicable supporting evidence or other attachments. 

ISSUE AND ISSUANCE mean to grant to an applicant his or her first OSM blaster certificate that is not granted 

through reciprocity. 

RECIPROCITY means the recognition by OSM of a blaster certificate issued by a State regulatory authority under an 

OSM-approved blaster certification program as qualifying an applicant for the grant of an OSM blaster certificate. 

REISSUE AND REISSUANCE are synonymous with the term recertification in Section 850.15(c) of this chapter, and 

mean to grant to an applicant who holds a renewed OSM blaster certificate, or who holds an OSM blaster certificate that 

expired more than 1 year prior to the date of his or her application, or who held an OSM blaster certificate that was 

revoked, a subsequent certificate that is not granted through reciprocity and for which additional training and 

examination are required. 

RENEW AND RENEWAL mean to grant to an applicant who holds an issued or reissued OSM blaster certificate a 

subsequent certificate that is not granted through reciprocity and for which additional training and examination are not 

required.

REPLACE AND REPLACEMENT mean to grant to an applicant a duplicate OSM blaster certificate as a substitute for 

one that was lost or destroyed. 

SECTION 955.10 - INFORMATION COLLECTION. 

 The information collection requirements in this part were approved by the Office of Management and Budget under 

44 U.S.C. 3507 and assigned clearance number 1029-0083. This information is needed to meet the requirements of 
sections 504, 515, 516, 710 and 719 of Pub. L. 95-87, and will be used by OSM in the certification of blasters. The 

obligation to respond is mandatory. 

SECTION 955.11 - GENERAL REQUIREMENTS. 

 To qualify for an OSM blaster certificate, a person shall: 

(a) Be at least 20 years old prior to submitting an application, and at least 21 years old prior to the grant of a certificate; 

(b) In the 3 years prior to submitting an application have been qualified and worked as a blaster or the equivalent, or have 

worked under the direction of a blaster or the equivalent, for the following cumulative length of time: 

(1) Certificate issuance -- 2 years; or 

(2) Certificate renewal or reissuance -- 1 year; 

(c) For certificate issuance or reissuance, have received on-the-job training, completed a training course, and obtained 

satisfactory evidence of having completed training, as provided in Section 955.12; 

(d) Be competent, possess practical knowledge of blasting techniques, understand the hazards involved in the use of 

explosives, and exhibit a pattern of conduct consistent with the acceptance of responsibility for blasting operations; 

(e) Submit an application as provided in Section 955.13; 

(f) For certificate issuance or reissuance, pass a written examination as provided in Section 955.14; 

(g) For a certificate through reciprocity, meet the requirements of Section 955.16; and 

(h) Not be subject to suspension, revocation or other action under Section 955.17. 

SECTION 955.12 - TRAINING. 

(a) On-the-job training. Except as provided in Section 955.14(c) for reexamination, each applicant for the issuance of an 

OSM blaster certificate who does not qualify as a blaster or the equivalent shall: 

(1) Have received on-the-job training, including practical field experience in blasting operations, from a blaster 

or the equivalent for 2 out of the 3 years preceding the submission of his or her application; and 

(2) Have obtained from the blaster or the equivalent, the relevant employer, or other knowledgeable source, 

satisfactory evidence of having received on-the-job training in accordance with paragraph(a)(1) of this section. 

(b) Training course. Except as provided in Section 955.14(c) for reexamination, each applicant for the issuance or 

issuance of an OSM blaster certificate shall: 

(1) Within 2 years prior to submitting an application, have completed a training course as follows: 

(i) For certificate issuance the course shall cover the technical aspects of blasting operations and State 

and Federal laws governing the storage, transportation and use of explosives, including the topics specified in Section

850.13(b) of this chapter; or 

(ii) For certificate reissuance the course shall cover any significant changes that have occurred in the 

topics specified in Section 850.13(b) of this chapter since the applicant last completed a course that was accepted by 

OSM for the issuance or reissuance of an OSM blaster certificate. If OSM determines that no significant changes have 

occurred, OSM may waive this requirement; and 

(2) Have obtained from the training provider satisfactory evidence that he or she has completed training in 

accordance with paragraph(b)(1) of this section. 

(c) Availability. OSM shall ensure that courses are available as provided in Section 850.13(b) of this chapter to train 

persons subject to this part who are responsible for the use of explosives in surface coal mining operations. 
SECTION 955.13 - APPLICATION. 

(a) Submission procedures. Any person seeking an OSM blaster certificate shall: 

(1) Complete and submit to OSM an application on the form prescribed by paragraph (b) of this section; 

(2) Include as part of the application a nonrefundable fee as follows: 

(i) Issuance or reissuance . . . $122 

(ii) Reexamination . . . $61 

(iii) Renewal . . . $61 

(iv) Replacement . . . $28 

(v) Reciprocity . . . $61; 

(3) For certificate issuance or reissuance, include as part of the application satisfactory evidence of having 

completed training as provided in Section 955.12; 

(4) For certificate issuance or reissuance, specify in the application the date when the applicant desires to take a 

previously scheduled examination; and 

(5) Submit the application in advance of the date of examination, or of certificate expiration, as follows: 

(i) For certificate issuance, not less than 60 days before the date on which the applicant desires to take 

a previously scheduled examination; 

(ii) For certificate renewal, not less than 60 days before the expiration date of the applicant's current 

certificate; 

(iii) For certificate reissuance, not less than 60 days before the date on which the applicant desires to 

take a previously scheduled examination that will be held at least 60 days before the expiration date of the applicant's 

current certificate; or 

(iv) For a certificate through reciprocity, not less than 45 days before the expiration date of the 

applicant's current certificate. 

(b) Application form. OSM shall make available to any person seeking an OSM blaster certificate an application form and 

instructions for its completion. The form shall include a statement in accordance with law that the information provided is 

true and accurate to the best knowledge and belief of the applicant, and shall require the signature of the applicant. 

SECTION 955.14 - EXAMINATION. 

(a) Certificate issuance or reissuance. After submitting an application, each applicant for the issuance or reissuance of an 

OSM blaster certificate shall pass a written examination, as provided in paragraph (b) of this section. 

(b) Administration and content. 

(1) On a regular basis OSM shall schedule and hold a written examination on the technical aspects of blasting 

operations and State and Federal laws governing the storage, transportation and use of explosives, as provided in Section

850.14 of this chapter. 

(2) The examination at a minimum shall cover the topics specified in Section850.13(b) of this chapter, and shall 

include: 

(i) Objective questions; 

(ii) Blasting log problems; and 

(iii) Initiation system and delay sequence problems. 

(c) Reexamination. 

(1) Any person who fails the examination may apply to OSM for reexamination by submitting a new application, 

including the prescribed fee, but no person may take the examination more than 2 times in any 12-month period. 

(2) Any person who fails the examination and submits a new application within 2 years of completing training as 

provided in Section 955.12(a) need not repeat, or resubmit evidence of having completed, training. 

(d) Failure to attend. Except where the applicant shows and OSM finds good cause, OSM may reject the pending 

application of any applicant who fails to take the examination after OSM has granted his or her request for admission. 
SECTION 955.15 - CERTIFICATION 

(a) Processing of application. 

(1) Upon receiving an application for an OSM blaster certificate OSM shall: 

(i) Notify the applicant of the receipt of, and of any deficiency in, the application. 

(ii) Where applicable, notify the applicant that his or her request for admission to a scheduled 

examination either is granted or denied. 

(2) When OSM determines that an applicant has failed to qualify for an OSM blaster certificate, OSM shall 

reject his or her application and notify him or her accordingly. 

(b) Grant of certificate. OSM shall: 

(1) Issue or reissue an OSM blaster certificate to any qualified applicant who completes the applicable training, 

passes the examination, and is found by OSM to be competent and to have the necessary knowledge and experience to 

accept responsibility for blasting operations; 

(2) Renew one time the issued or reissued OSM blaster certificate of any qualified applicant; 

(3) Replace the OSM blaster certificate of any qualified applicant who presents satisfactory evidence that his or 

her certificate was lost or destroyed; 

(4) Grant an OSM blaster certificate through reciprocity as provided in Section 955.16; or 

(5) Reinstate a suspended, or reissue a revoked OSM blaster certificate as provided in Section 955.17(e). 

(c) Term of certificate. OSM shall grant an OSM blaster certificate for a term to expire as follows: 

(1) Issuance -- 3 years after issue date; 

(2) Renewal -- 3 years after expiration date of applicant's current or expired certificate; 

(3) Reissuance -- 3 years after expiration date of applicant's current or expired certificate; 

(4) Replacement -- same expiration date as replaced certificate; or 

(5) Reciprocity -- 60 days after expiration date of corresponding State certificate. 

(d) Limits on renewal. 

(1) OSM shall not renew an OSM blaster certificate more than 1 time. A blaster who seeks to extend a renewed 

certificate may apply to OSM for certificate reissuance. 

(2) OSM shall not renew an OSM blaster certificate that expired more than 1 year prior to the date of an 

application for renewal. An applicant who desires to extend a certificate that expired more than 1 year prior to the date of 

his or her application may apply to OSM for certificate reissuance. 

(e) Temporary certificate. Upon request of an applicant who demonstrates that his or her current OSM blaster certificate 

is about to expire, or expired within 30 days prior to the date of his or her application, for reasons beyond his or her 

control, OSM may issue a non-renewable temporary OSM blaster certificate for a maximum term of 90 days. 

(f) Conditions of certification. Any person who holds an OSM blaster certificate shall comply with the conditions 

specified in Sections 850.15 (d) and (e) of this chapter. 

(g) Change of Address. Any person who holds an OSM blaster certificate shall notify OSM in writing within 30 days of 

any change in his or her address. 

SECTION 955.16 - RECIPROCITY. 

(a) Grant of certificate. OSM shall grant an OSM blaster certificate through reciprocity to any qualified applicant who 

demonstrates that he or she, and whom OSM finds, holds a current State blaster certificate granted by a State regulatory 

authority under an OSM-approved State blaster certification program. An applicant for a certificate through reciprocity 

need not otherwise demonstrate that he or she meets the age, experience, knowledge, competence, training or 

examination requirements of this part. 

(b) Subsequent certificate. 

(1) Any person who holds an OSM blaster certificate granted through reciprocity may qualify for a subsequent 

certificate either through reciprocity or by meeting directly the applicable requirements of this part for certificate 
issuance, renewal or reissuance. 

(2) OSM shall not recognize a certificate granted through reciprocity as qualifying an applicant for certificate 

issuance, renewal or reissuance. 

SECTION 955.17 - SUSPENSION AND REVOCATION. 

(a) Cause, nature and duration. 

(1) OSM may, and upon a finding of willful conduct of the blaster OSM shall, suspend for a definite or indefinite 

period, revoke or take other necessary action on the certificate of an OSM-certified blaster for any of the reasons 

specified in Section 850.15(b) of this chapter. 

(2) Where OSM has reliable information which demonstrates that the storage, transportation or use of 

explosives by an OSM-certified blaster is likely to threaten public safety or the environment, OSM shall suspend his or 

her certificate as soon as is practicable. 

(3) OSM shall make the nature and duration of a suspension, revocation or other action under this section 

commensurate with the cause of the action and what the person whose certificate is subjected to the action does to 

correct it. 

(b) Notice and hearing. When practicable, OSM shall give a certificate holder written notice and an opportunity for an 

informal hearing prior to suspending, revoking or taking other action on his or her OSM blaster certificate. OSM shall 

limit any action taken without such notice and opportunity to a temporary suspension for a maximum term of 90 days 

pending a decision on a final suspension, revocation or other action after such notice and opportunity have been 

provided. 

(c) Decision and appeal. By certified mail within 30 days after giving written notice and an opportunity for an informal 

hearing, OSM shall notify the certificate holder in writing of its final decision on his or her OSM blaster certificate, 

including the reasons for any suspension, revocation or other action. If the certificate was granted through reciprocity, 

OSM shall notify the State regulatory authority of its action. In any decision suspending, revoking or taking other action 

on an OSM blaster certificate, OSM shall grant to the certificate holder the right of appeal to the Department of the 

Interior Board of Land Appeals under 43 CFR 4.1280 to 4.1286. 

(d) Surrender of certificate. Upon receiving written notice that his or her OSM blaster certificate was suspended, revoked 

or subjected to other action, a certificate was suspended, holder immediately shall surrender the certificate to OSM in the 

manner specified in the notice. 

(e) Reinstatement and reissuance. 

(1) OSM shall reinstate a suspended OSM blaster certificate by returning the certificate to the former certificate 

holder with notice of reinstatement when: 

(i) The term of a definite suspension expires; or 

(ii) The former certificate holder demonstrates, and OSM finds, that the cause of an indefinite 

suspension has been corrected. 

(2) OSM shall reissue an OSM blaster certificate to an applicant whose certificate was revoked if his or her 

application demonstrates, and OSM finds, that: 

(i) The cause of the revocation has been corrected; and 

(ii) The applicant meets all other applicable requirements of this part. 

(f) Conformance with State action. OSM shall suspend, revoke or take other commensurate action on an OSM blaster 

certificate granted through reciprocity if the State regulatory authority suspends, revokes or takes other action on the 

corresponding State certificate. 

[FR Doc. 86-11835 Filed 5-28-86; 8:45 am] 

BILLING CODE 4310-05-M