PART 955—CERTIFICATION OF BLASTERS IN FEDERAL PROGRAM STATES AND ON INDIAN LANDS Authority: Pub. L. 95-87 (30 U.S.C. 1201 et seq. Source: 51 FR 19462, May 29, 1986, unless otherwise noted. § 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. § 955.2 Implementation. In accordance with §§ 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. § 955.5 Definitions. As used in this part: Applicant Application Issue issuance Reciprocity Reissue reissuance recertification Renew renewal Replace replacement § 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. § 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 § 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 § 955.13; (f) For certificate issuance or reissuance, pass a written examination as provided in § 955.14; (g) For a certificate through reciprocity, meet the requirements of § 955.16; and (h) Not be subject to suspension, revocation or other action under § 955.17. § 955.12 Training. (a) On-the-job training. (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. (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 § 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 § 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. § 955.13 Application. (a) Submission procedures. (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 § 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. § 955.14 Examination. (a) Certificate issuance or reissuance. (b) Administration and content. (2) The examination at a minimum shall cover the topics specified in § 850.13(b) of this chapter, and shall include: (i) Objective questions; (ii) Blasting log problems; and (iii) Initiation system and delay sequence problems. (c) Reexamination. (2) Any person who fails the examination and submits a new application within 2 years of completing training as provided in § 955.12(a) need not repeat, or resubmit evidence of having completed, training. (d) Failure to attend. § 955.15 Certification. (a) Processing of application. (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. (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 § 955.16; or (5) Reinstate a suspended, or reissue a revoked OSM blaster certificate as provided in § 955.17(e). (c) Term of certificate. (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. (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. (f) Conditions of certification. (g) Change of address. § 955.16 Reciprocity. (a) Grant of certificate. (b) Subsequent certificate. (2) OSM shall not recognize a certificate granted through reciprocity as qualifying an applicant for certificate issuance, renewal or reissuance. § 955.17 Suspension and revocation. (a) Cause, nature and duration. (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. (c) Decision and appeal. (d) Surrender of certificate. (e) Reinstatement and reissuance. (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. [51 FR 19462, May 29, 1986; 51 FR 22282, June 19, 1986]