Emergency Mine Evacuation, 12252-12271 [06-2255]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 71, Number 46 (Thursday, March 9, 2006)]
[Rules and Regulations]
[Pages 12252-12271]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2255]



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Part III





Department of Labor





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Mine Safety and Health Administration



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30 CFR Parts 48, 50, and 75



Emergency Mine Evacuation; Final Rule

Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Rules 
and Regulations

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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 48, 50, 75

RIN 1219-AB46


Emergency Mine Evacuation

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Emergency Temporary Standard; Notice of public hearings; Notice 
of close of comment period.

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SUMMARY: The Mine Safety and Health Administration is issuing an 
emergency temporary standard under section 101(b) of the Federal Mine 
Safety and Health Act of 1977 in response to the grave danger which 
miners are exposed to during underground coal mine accidents and 
subsequent evacuations. The January 2006 mine accidents and fatalities 
demonstrate the need for the Mine Safety and Health Administration to 
take additional action that protects miners from the grave danger that 
they face when they must evacuate a mine after an emergency occurs. 
This emergency temporary standard includes requirements for immediate 
accident notification applicable to all underground and surface mines. 
In addition, this ETS addresses self-contained self-rescuer storage and 
use; evacuation training; and the installation and maintenance of 
lifelines in underground coal mines.

DATES: This emergency temporary standard is effective March 9, 2006. 
The public hearings will be held on April 11, 2006, April 24, 2006, 
April 26, 2006, and April 28, 2006 at the locations listed in the 
Public Hearings section below under SUPPLEMENTARY INFORMATION. If 
individuals or organizations wish to make an oral presentation for the 
record, the Mine Safety and Health Administration (MSHA) is asking that 
you submit your request at least 5 days prior to the hearing dates. The 
comment period will close on May 30, 2006.

ADDRESSES: Comments may be submitted by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: zzMSHA-Comments@dol.gov. Include the Regulatory 
Information Number (RIN) for this rulemaking (RIN 1219-AB46 in the 
subject line of the message.
     Fax: (202) 693-9441. Include RIN 1219-AB46 in the subject 
line of the fax.
     Mail/Hand Delivery/Courier: Mine Safety and Health 
Administration, Office of Standards, Regulations, and Variances, 1100 
Wilson Blvd., Room 2350, Arlington, Virginia 22209-3939. If hand-
delivered in person or by courier, please stop by the 21st floor first 
to check in with the receptionist before continuing on to the 23rd 
floor.
    Instructions: All submissions must reference the MSHA and RIN 1219-
AB46.
    Docket Access: To access comments electronically, go to https://
www.msha.gov/currentcomments.asp. All comments received will be posted 
without change at this Web address, including any personal information 
provided. Paper copies of the comments may also be reviewed at the 
Office of Standards, Regulations, and Variances, 1100 Wilson Blvd., 
Room 2350, Arlington, Virginia. MSHA maintains a listserve on the 
Agency's Web site that enables subscribers to receive e-mail 
notification when rulemaking documents are published in the Federal 
Register. To subscribe to the listserve, visit the site at https://
www.msha.gov/subscriptions/subscribe.aspx.
    Information Collection Requirements: Comments concerning the 
information collection requirements must be clearly identified as such 
and sent to both the Office of Management and Budget (OMB) and MSHA as 
follows:
    (1) OMB: All comments must be sent by mail addressed to the Office 
of Information and Regulatory Affairs, Office of Management and Budget, 
New Executive Office Building, 725 17th Street, NW., Washington, DC 
20503, Attn: Desk Officer for MSHA; and
    (2) MSHA: Comments must be clearly identified by RIN 1219-AB46 as 
comments on the information collection requirements and transmitted 
either electronically to zzMSHA-Comments@dol.gov, by facsimile to (202) 
693-9441, or by regular mail, hand delivery, or courier to MSHA, Office 
of Standards, Regulations, and Variances, 1100 Wilson Blvd., Room 2350, 
Arlington, Virginia 22209-3939.

FOR FURTHER INFORMATION CONTACT: Robert Stone, Acting Director, Office 
of Standards, Regulations, and Variances, MSHA, 1100 Wilson Boulevard, 
Room 2350, Arlington, Virginia 22209-3939. Mr. Stone can be reached at 
Stone.Robert@dol.gov (Internet E-mail), (202) 693-9445 (voice), or 
(202) 693-9441 (facsimile).

SUPPLEMENTARY INFORMATION: The outline of this notice is as follows:

I. Public Hearings
II. Introduction
III. Basis for the Emergency Temporary Standard
    A. Regulatory Authority
    B. Grave Danger
IV. Discussion of the Emergency Temporary Standard
    A. Background
    B. General Discussion
    C. Section-by-Section Discussion
V. Executive Order 12866
    A. Population-at-Risk
    B. Benefits
    C. Compliance Costs
VI. Feasibility
VII. Regulatory Flexibility Act and Small Business Regulatory 
Enforcement Fairness Act (SBREFA)
    A. Definition of a Small Mine
    B. Factual Basis for Certification
VIII. Paperwork Reduction Act of 1995
    A. Summary
    B. Details
IX. Other Regulatory Considerations
X. Emergency Temporary Standard--Regulatory text

I. Public Hearings

    The public hearings will begin at 9 a.m. and end after the last 
scheduled speaker speaks (in any event not later than 5 p.m.) on the 
following dates at the locations indicated:

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             Date                       Location               Phone
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April 11, 2006................  Marriott Town Center,       304-345-6500
                                 200 Lee Street, East
                                 Charleston, WV 25301.
April 24, 2006................  Sheraton Denver West        303-987-2000
                                 Hotel, 360 Union
                                 Boulevard, Lakewood, CO
                                 80228.
April 26, 2006................  Sheraton Suites, 2601       859-268-0060
                                 Richmond Road,
                                 Lexington, KY 40506.
April 28, 2006................  MSHA Conference Room,       202-693-9440
                                 25th Floor, 1100 Wilson
                                 Boulevard, Arlington,
                                 VA 22209.
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    The hearings will begin with an opening statement from MSHA, 
followed by an opportunity for members of the public to make oral 
presentations. You do not have to make a written request to speak. 
Speakers will speak in the order that they sign in. Any unallotted time 
will be made available for persons making same-day requests. At the 
discretion of the presiding official, the time allocated to speakers 
for their presentation may be limited.

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Speakers and other attendees may also present information to the MSHA 
panel for inclusion in the rulemaking record.
    The hearings will be conducted in an informal manner. The hearing 
panel may ask questions of speakers. Although formal rules of evidence 
or cross examination will not apply, the presiding official may 
exercise discretion to ensure the orderly progress of the hearing and 
may exclude irrelevant or unduly repetitious material and questions. A 
verbatim transcript of the proceedings will be prepared and made a part 
of the rulemaking record. Copies of the transcript will be available to 
the public. The transcript will also be available on MSHA's Home Page 
at https://www.msha.gov, under Statutory and Regulatory Information.
    MSHA will accept post-hearing written comments and other 
appropriate data for the record from any interested party, including 
those not presenting oral statements. Written comments will be included 
in the rulemaking record.

II. Introduction

    This emergency temporary standard (ETS) is issued in accordance 
with section 101(b) of the Federal Mine Safety and Health Act of 1977 
(Mine Act), 30 U.S.C. 811. The ETS establishes or revises standards in 
part 48--Training and retraining of miners; part 50--Notification, 
investigation, reports, and records of accidents, injuries, illnesses, 
employment and coal production in mines; part 75--subpart D--
Ventilation, Sec. Sec.  75.380 and 75.381; Emergency Evacuations Sec.  
75.1502--Mine emergency evacuation and firefighting program of 
instruction, and subpart R--Miscellaneous, Sec.  75.1714--Availability 
of approved self-rescue devices; instruction in use and location.
    In accordance with section 101(b)(3) of the Mine Act, this ETS will 
also serve as the Agency's proposed rule. The preamble discusses 
specific provisions that may be included in the final rule and MSHA 
solicits comments on these provisions.

III. Basis for the Emergency Temporary Standard

A. Regulatory Authority

    Section 101(b) of the Mine Act provides that:
    1. The Secretary shall provide, without regard to the requirements 
of chapter 5, title 5, United States Code, for an emergency temporary 
mandatory health or safety standard to take immediate effect upon 
publication in the Federal Register if [s]he determines (A) that miners 
are exposed to grave danger from exposure to substances or agents 
determined to be toxic or physically harmful, or to other hazards, and 
(B) that such emergency standard is necessary to protect miners from 
such danger.
    2. A temporary mandatory health or safety standard shall be 
effective until superseded by a mandatory standard promulgated in 
accordance with the procedures prescribed in paragraph (3) of this 
subsection.
    3. Upon publication of such standard in the Federal Register, the 
Secretary shall commence a proceeding in accordance with section 
101(a), and the standards as published shall also serve as a proposed 
rule for the proceeding. The Secretary shall promulgate a mandatory 
health or safety standard under this paragraph no later than nine 
months after publication of the emergency temporary standard as 
provided in paragraph (2).
    An ETS is an extraordinary measure provided by the Mine Act to 
enable MSHA ``to react quickly to grave dangers that threaten miners 
before those dangers manifest themselves in serious or fatal injuries 
or illnesses.'' S. Rept. 181, 95th Cong., 1st Sess. 23 (1977). 
Additionally, ``* * * once the Secretary has identified a grave danger 
that threatens miners the Committee expects the Secretary to issue an 
emergency temporary standard as quickly as possible, not necessarily 
waiting until [she] can investigate how well that grave danger is being 
managed or controlled in particular mines.'' Senate Report at 24. An 
ETS takes effect upon publication in the Federal Register, and is a 
fully enforceable standard.
    To assure the comprehensive protection of miners, the ETS authority 
applies to all types of grave dangers without qualification. The 
legislative history of the Mine Act emphasizes that ``to exclude any 
kind of grave danger would contradict the basic purpose of emergency 
temporary standards--protecting miners from grave dangers.'' S. Rept. 
181, 95th Cong., 1st Sess., 24 (1977). The ETS authority thus covers 
dangers arising from exposure to toxic or physically harmful substances 
or agents and to ``other hazards.'' It applies to dangers longstanding 
or novel, to dangers that ``result from conditions whose harmful 
potential has just been discovered'' or to which large numbers of 
miners are ``newly exposed.'' Id.
    A record of fatalities or serious injuries is not necessary before 
an ETS can be issued because ``[d]isasters, fatalities, and 
disabilities are the very thing this provision is designed to 
prevent.'' Id. at 23. At the same time, the legislative history of the 
Mine Act is clear that an ETS is not limited to new dangers in the 
mining industry: ``That a danger has gone unremedied should not be a 
bar to issuing an emergency standard. Indeed, if such is the case the 
need for prompt action is that much more pressing.'' Id. at 24.
    When issuing an ETS, MSHA is ``not required to prove the existence 
of grave danger as a matter of record evidence prior to taking 
action.'' Id. The legislative history expressly recognizes ``the need 
to act quickly where, in the judgment of the Secretary, a grave danger 
to miners exists.'' Id. The ETS is a critical statutory tool that MSHA 
can use to take immediate action to prevent the loss of life in the 
mines. MSHA accordingly has employed an ETS previously to order 
``hands-on'' training for miners in the use of self-contained self-
rescue (SCSR) devices, 52 FR 24373 (June 30, 1987), and to order 
certain training and mine evacuation procedures for underground coal 
mines, 67 FR 76658 (December 12, 2002).

B. Grave Danger

    In response to the recent accidents at the Sago Mine on January 2, 
2006 and the Aracoma Alma No. 1 Mine on January 19, 2006, MSHA has 
determined that new accident notification, safety and training 
standards are necessary to further protect miners when a mine accident 
takes place. First, mine operators must immediately notify MSHA within 
15 minutes after determining that an accident has occurred so that the 
coordination of appropriate mine rescue or other emergency response can 
begin as soon as possible. Such immediate notification will enable help 
to arrive sooner at the mine, and protect miners from the grave dangers 
of physical injury and death. Immediate notification of a mine accident 
to MSHA in emergency situations enables the District Manager to 
activate the District's emergency response plan. Each Coal Mine Safety 
and Health District and Metal/Nonmetal Safety and Health District have 
an emergency response plan which provides for MSHA personnel to perform 
specific tasks, including the contacting of additional mine rescue 
teams if needed, issuing a section 103(k) order at the mine, directing 
MSHA inspectors to the mine site and initiating liaison with MSHA 
headquarters in Arlington, Virginia. Mine operators who do not 
immediately notify MSHA of accidents within the 15 minute time period 
increase the possibility of serious physical injury or death to miners 
because assistance may not arrive quickly enough. If the nature of the

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accident is such that additional mine rescue teams are needed (i.e., to 
conduct rescue or recovery operations in irrespirable air), MSHA can 
help in procuring extra mine rescue teams who can provide assistance at 
the accident site.
    Miners working underground when a mine accident occurs must be able 
to rapidly find lifesaving devices and use those devices to help them 
prevent injury, evacuate the mine quickly, and save their lives. Access 
to these devices and techniques for survival (including storage 
locations of supplemental SCSRs and more frequent training in their 
use, lifelines, and proper training in mine evacuations) is essential 
when a miner is underground and a mine fire, explosion, or other type 
of mine emergency happens. Use of these devices along with proper 
training will help miners quickly and safely escape from an accident 
underground, and will help prevent miners from suffering injury and 
death immediately after the occurrence of a mine accident. The current 
lack of available supplemental SCSRs, the lack of training in deploying 
a supplemental SCSR in irrespirable mine atmospheres, and the lack of 
lifelines in both required underground coal mine escapeways present a 
grave danger to miners when a fire, explosion, or other mine emergency 
occurs.
    Miners who do not have access to additional SCSRs for escape and 
training in their deployment, and who do not have lifelines installed 
in the mine escapeways face a serious risk of physical injury and death 
from the hazards listed below.
    Underground coal mines are dynamic work environments where the 
working conditions change rapidly and sometimes without warning. 
Diligent compliance with safety and health standards and safety 
conscious work habits provide a substantial measure of protection 
against the occurrence of mine accidents and emergencies. While MSHA 
has not yet determined the causes of the Sago and Alma mine accidents, 
in the high hazard environment where coal miners work, the danger of a 
fire, explosion, or gas or water inundation is always present. Methane 
gas or coal dust can be ignited by a spark from electrical equipment, 
resulting in an explosion. Fire can break out on mining equipment, and 
can rapidly spread to surrounding coal deposits. Fire may also start 
due to friction points becoming hot on or near conveyor belt systems 
and rollers underground. Caved or mined out areas which contain coal 
and accumulated gas can be the locations for explosions caused by rock 
falls, and in some instances, fires are started by spontaneous 
combustion. Moreover, when active mines are connected into previously 
mined out areas, there is also the risk of exposure to an oxygen 
deficient atmosphere that can cause asphyxiation. Finally, when mining 
near other mined out areas, there can be a risk of water inundation.
    MSHA standards are designed to prevent these types of hazards from 
developing into catastrophic mine accidents. However, the timing and 
severity of mine accidents are unpredictable. When they occur, 
immediate notification of MSHA by the mine operator and additional 
safeguards installed underground will help miners escape safely. MSHA 
intends that miners not required to respond to a mine emergency should 
seek to evacuate areas where accidents have occurred and leave the mine 
as quickly as possible. This intent is consistent with existing 
paragraph (a) of 30 CFR 75.1502. These provisions require, first, that 
the mine operator have procedures for mine emergency evacuations when 
emergencies present an imminent danger to miners due to fire, 
explosion, or gas or water inundation and, second, that miners not 
required for a mine emergency response must evacuate the mine.
    The Secretary has determined that miners are exposed to grave 
danger when a mine accident occurs and the mine operator does not 
immediately, that is, within 15 minutes, notify MSHA about the 
accident. Delay in notification may slow down the arrival of mine 
rescue assistance and the arrival of MSHA personnel who can provide 
assistance at the mine site. The Secretary has further determined that 
miners are exposed to grave danger when a mine accident occurs and 
miners do not have access to supplemental SCSRs for escape; prior 
training, including drills, in deploying these supplemental SCSRs in 
irrespirable atmospheres; and lifelines to guide miners through the 
designated escapeways to escape from the mine. Without these devices 
and training, miners are exposed to grave danger because they are not 
prepared and equipped to take action to safely escape from the mine.

IV. Discussion of the Emergency Temporary Standard

A. Background

    During the month of January 2006, an explosion at the Sago Mine in 
Tallmansville, West Virginia resulted in 12 fatalities, and a fire at 
the conveyor belt drive at the Aracoma Alma Mine No. 1 in Melville, 
West Virginia resulted in two fatalities for a total of 14 deaths of 
miners. While the MSHA accident investigations are not complete and 
accident reports have not been written, MSHA believes that the 
implementation of this ETS will fill a critical need to improve the 
ability of underground coal miners to evacuate a mine after a mine 
emergency occurs.
    Even though the MSHA accident investigation for the Sago mine is 
not yet complete, it is known that one crew successfully evacuated the 
mine. While the members of the second crew that survived the explosion 
donned SCSRs, they did not successfully evacuate the mine. Similarly, 
at the Alma No. 1 Mine, the MSHA accident investigation is not yet 
complete. While all of the twelve miners affected by the fire donned 
SCSRs, only ten of them successfully escaped. Two of the 12 miners in 
the area of the fire did not successfully evacuate the mine. It is not 
yet known what happened to prevent those two miners from evacuating the 
mine with the others. MSHA believes that the requirements implemented 
under this ETS would have provided the deceased miners with the tools 
and training needed for them to have had a better chance of completing 
a successful evacuation.

B. General Discussion

1. Part 48--Training and Retraining of Miners and Section 75.1502--Mine 
Emergency Evacuation and Firefighting Program of Instruction
a. Introduction
    The best technology, equipment, and emergency supplies are of 
little use if they are misused or not used at all. Emergencies can 
incite disorientation and panic. Quality of judgment in how to proceed 
in a given emergency can be decisive for survival. Training is critical 
for instilling the discipline, confidence, and skill necessary to 
successfully escape and survive an emergency. The ETS enhances existing 
training requirements to help ensure that underground coal miners can 
effectively respond and ``know the drill'' to get out of the mine 
alive.
    This ETS modifies various provisions in Sec. Sec.  48.5, 48.6, 
48.8, 48.11, and 75.1502. These modifications provide a more integrated 
training approach so miners will have the skills to evacuate a mine 
during an emergency. This enhanced training approach requires more 
frequent ``hands-on'' training and actual drills in evacuating the 
mine. In this ETS, MSHA requires that all persons, before entering an 
underground mine, have the skills to don and transfer

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all SCSRs used in that mine. This ETS includes a new provision in 
Sec. Sec.  48.5, 48.6, 48.8, and 48.11 to provide the new miner, newly 
hired experienced miner, and visitors with ``hands-on'' training in the 
transferring of self-rescue devices in addition to the required 
``hands-on'' donning training.
    Once a miner starts working in a mine, this ETS requires that the 
actual ``hands-on'' training for donning and transferring of self-
rescue devices becomes part of the actual evacuation drill required in 
Sec.  75.1502. Because miners will now receive ``hands-on'' SCSR 
training at least four times a year as part of the evacuation drill 
required under Sec.  75.1502, they will not be required to receive 
``hands-on'' training as part of their annual refresher training under 
part 48. Also, included in these evacuation drills is the training in 
the location and use of directional lifelines or equivalent devices, 
mine emergency scenarios, and stored SCSRs. This ETS requires the mine 
operator to have the miners walk the escapeways and to physically 
locate the lifelines and stored SCSRs instead of permitting a 
simulation drill. Further, the ETS permits the mine emergency 
evacuation drills in Sec.  75.1502 to satisfy the evacuation practice 
drill requirements in Sec.  75.383.
    Various provisions of Sec. Sec.  48.5--Training of new miners; 
minimum courses of instruction; hours of instruction; 48.6--Experienced 
miner training; 48.8--Annual refresher training of miners; minimum 
courses of instruction; hours of instruction; and 48.11--Hazard 
training are affected by this ETS.
    Since 1980, each miner working in an underground coal mine has been 
required to have access to an SCSR that provides at least one hour of 
oxygen for escape from the mine during an emergency. If an emergency 
arises, many miners may have to escape through long and difficult 
underground travelways containing irrespirable air.
    MSHA has identified problems related to skill degradation in the 
use of SCSRs in mine emergencies (described below in the discussion of 
research and studies). This ETS reflects the Agency's belief that more 
frequent SCSR training is necessary. There is support in the mining 
community for more frequent training to improve the miner's ability to 
properly don the devices and retain these vital skills for longer 
periods of time.
    For instance, MSHA sponsored a Mine Emergency Preparedness 
Conference in January 1995 to provide a forum for members of the mining 
community to share their insights and to help shape the future of mine 
emergency preparedness. Representatives from two major labor unions 
expressed some doubt that, given the existing levels of training, 
miners were prepared to escape with the use of SCSRs and that they were 
already familiar with escape routes. One of the recommendations for 
further action was that SCSR proficiency could be increased by 
integrating SCSR training with evacuation and fire drills.
    To minimize problems and enhance a coal miner's skill in handling 
emergency situations, this ETS includes additional training 
requirements. The new requirements increase the frequency of SCSR 
training from annually to within every 90 days and include hands-on 
training in the donning, use, and transfer of self-rescue devices as 
part of the regular mine emergency drills. These drills also will 
consist of locating the continuous directional lifelines or equivalent 
devices and stored SCSRs. Finally, the ETS will allow a mine operator 
to use the drills required under new paragraph 75.1502(c) to comply 
with the requirements for drills specified in existing Sec.  75.383. In 
addition, the ETS permits the mine emergency evacuation drills in Sec.  
75.1502 to satisfy evacuation practice drill requirements in Sec.  
75.383.
b. Research and Studies
    MSHA has identified a number of research studies that support this 
ETS. In 1990, researchers from the U.S. Bureau of Mines (now the Office 
of Mine Safety and Health Research, National Institute for Occupational 
Safety and Health (NIOSH)) and the University of Kentucky concluded a 
series of studies related to SCSR donning proficiency and use in an 
emergency. They looked at ``the procedures taught during the training, 
the use of any training models; the opportunity to practice donning and 
using the respirator; and on-the-job training.'' The researchers 
dismissed the notion that SCSRs were simple to don. They concluded that 
``companies should adopt a hands-on training protocol that allows them 
to integrate SCSR donning practice into other workplace routines such 
as fire [drills]'' (U.S. Bureau of Mines, 1993).
    Another U.S. Bureau of Mines study reported that a computer 
simulation showed that relative survival odds for different mines can 
vary by as much as 30 percent and that this difference is due to SCSR 
donning proficiency (Kovac, Vaught, and Brnich, 1990).
    MSHA recognizes that with any ``nonroutine'' task, such as donning 
and transferring of self-rescue devices, knowledge and skill diminish 
rapidly. The U.S. Bureau of Mines, in a review of literature related to 
motor skill degradation (1993 BOM Bulletin 695), found that researchers 
are aware of this problem.
    After conducting the series of studies on donning proficiency, the 
U.S. Bureau of Mines and University of Kentucky researchers also 
concluded in 1993 that a better training system for donning SCSRs was 
needed (Vaught, et al., 1993). The ``3+3 donning'' method improved 
donning proficiency, but did not eliminate the problem of skill 
degradation. In a field test for this donning method, almost all of the 
persons who went through the program were able to successfully complete 
the donning procedures. The ``3+3 donning'' method is a method of 
learning how to properly don an SCSR and was developed by MSHA and 
NIOSH. The first ``3'' steps of the method specifically train the user 
to begin the donning routine by concentrating on the breathing zone. 
Those steps include activating the oxygen supply, inserting the 
mouthpiece and affixing the noseclips. The second ``3'' steps involve 
adjustments to the unit's goggles and neck strap, and the miner's 
hardhat.
    These studies further determined the effectiveness of the ``3+3'' 
donning procedures and support a need for more frequent training, such 
as every 90 days. In this study, 88 miners were trained in the ``3+3'' 
method until they could proficiently don the SCSR. A week after 
receiving the training, 32 of these miners were randomly selected to 
test their SCSR donning skills. In this test, most of the miners could 
still put on an SCSR proficiently. After 90 days, another sample group 
was chosen for testing. In 90 days the proficiency rate dropped from 80 
percent to about 30 percent.
    The U.S. Department of Labor Office of Inspector General (OIG) 
recommended that MSHA review the frequency and type of training 
required to ensure that miners will be able to effectively use SCSRs in 
an emergency (OIG, 1999).
    Based on skills degradation research supporting additional self-
rescue device training, the recommendation of the Inspector General, 
and past experience where improved training might have made a 
difference in an escape, MSHA is increasing the frequency of training 
on SCSRs to within every 90 days. The more frequent training, by 
reinforcing skills, should substantially reduce motor-skill 
degradation.
    NIOSH has recently provided a guidance document, Informational

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Circular 9481 (Fire Response Preparedness for Underground Mines) to the 
mining industry identifying training techniques that increase skill 
levels of miners to deal with underground mine fires. An important 
element in developing skills necessary to react to emergencies is 
``hands-on'' training (NIOSH, 2005). This report further identified 
fire drills required at 90-day intervals as an important part of the 
mine emergency plan that helps promote confidence in miners by showing 
them how to handle an emergency situation. Another benefit of the 
drills the report identified is a test of how effective the mine 
emergency plan works.
c. Mine Emergency Incidents
    In addition to the research, several past incidents have 
highlighted problems with self-rescue device training in mine 
emergencies that support the need for an integrated training approach 
for emergencies. A particularly noteworthy example occurred in 1984 
when 27 miners lost their lives in a fire at the Wilberg mine in 
Orangeville, Utah. The final MSHA accident investigation report states 
that, ``No apparent attempt was made by the miners in 5th right panel 
to obtain a SCSR after the first notification of the fire and prior to 
smoke arriving on the section.'' Also, after retrieving their SCSR 
devices, some of the miners carried them for a distance before donning 
them. Had the miners immediately gone to the stored SCSRs when notified 
of the fire and donned the SCSRs, they would have greatly increased 
their ability to escape from the fire and exit the mine.
    The MSHA investigators reviewed each miner's activities after they 
were warned of the fire. The report found ``the actions of the victims 
in obtaining and using self-rescue devices indicate many were not 
sufficiently instructed to be considered adequately trained in the use 
of the self-rescue devices.'' Each of the 27 miners had an FSR (filter 
self-rescuer). Four miners wearing FSRs walked past stored SCSRs in 
their attempt to escape. They died from lack of oxygen. Three other 
miners attempted escape with only an FSR and were overcome by carbon 
monoxide. Six miners first attempted to use their FSRs and then 
switched to their SCSRs. Four apparently died due to improper donning, 
removing the mouthpiece, or switching from the FSR to the SCSR. One 
miner used three SCSRs and almost made it to fresh air; however, he 
removed his SCSR prematurely. The rest of the deceased miners had not 
attempted to use either the FSRs or SCSRs (Huntley, et al., 1984). MSHA 
believes that better training, along with a better location of stored 
SCSRs could have resulted in a different outcome. Improper training of 
donning and transferring from one device to another, as well as the use 
of FSRs in such an environment, contributed to the severity of the 
disaster.
    Based on the findings at Wilberg, MSHA issued an ETS in June 1987. 
The 1987 ETS required that all training in the use of SCSRs include 
complete donning procedures. This training was required for any person 
going underground for the first time and as part of regularly scheduled 
annual refresher training required by part 48.
    In another incident, during the escape from a fire at the Mathies 
Mine in 1990, seven out of 18 miners removed their SCSR mouthpieces in 
order to talk or get more comfortable during the escape. Only seven 
miners donned their SCSRs at the first sign of smoke. One miner took 
his nose clip off during the escape. Another miner claimed that he 
could not get enough oxygen from his SCSR (Kovac, Kravitz, et al., 
1991). If any of these persons had encountered a toxic atmosphere at 
the point when they removed their protection, they might have died.
    Also, in November 1998, during the escape from the Willow Creek 
Mine Fire, the two miners that used SCSRs had difficulty starting the 
oxygen flow of their devices and removed the mouthpieces prior to 
reaching the main fresh airway. If the carbon monoxide in the mine 
atmosphere had been higher, the miners that removed their mouthpieces 
would likely have died. In situations where miners remove the 
mouthpiece prematurely, additional training will increase knowledge for 
continuing to use the self-rescue device until escaping into fresh air 
(Kravitz, 1991).
    The recent Sago and Alma Mine accidents convince MSHA that the 
general situation in underground coal mines is such that additional 
training must be immediately instituted. In any mine accident, if the 
miners wait to see or smell smoke before donning their SCSRs it may be 
too late. In the Sago accident, still under investigation, a miner or 
miners may not have donned an SCSR because, in the absence of smoke, 
they may have believed the air was safe to breathe. Training must 
successfully convey not only how, but also when self-rescue devices 
must be used in emergency situations. Also, the Sago tragedy points to 
the necessity of increased availability of SCSRs so that miners can 
survive in toxic air for more than one hour. As self-rescue devices are 
usually good for one hour, this means that miners must have the skill 
to transfer from one self-rescue device to another.
    Based on incidents during these recent mine emergencies and MSHA's 
experience with other self-rescue device training related problems, 
additional training in donning, using, and transferring self-rescue 
devices is needed to protect miners. MSHA believes that more frequent 
training in donning and using self-rescue devices is needed to 
adequately protect miners. The new and expanded training requirements 
in this ETS increase the donning frequency and emphasize the proper use 
of SCSRs.
    The ETS also enhances the requirements for evacuation drills by 
requiring these drills not be simulations, but must involve physically 
traveling from the working section, or the miner's work station, to the 
surface or the exits at the bottom of the shaft or slope. These drills 
include miners donning and transferring self-rescue devices. MSHA 
requests comment about whether miners should be required to walk the 
escapeway rather than use mechanized transportation during the drills. 
The drills are to take place at intervals of not more than 90 days. 
This more frequent retraining represents a distinct improvement over 
current requirements for annual training.
2. Immediate Notification
    This ETS modifies Sec.  50.10--Immediate notification. Existing 
Sec.  50.10 requires that, if an accident (as defined in paragraph (h) 
of Sec.  50.2) occurs, the operator must immediately contact MSHA. 
While the basic notification requirement in existing Sec.  50.10 is 
straightforward, precisely what constitutes ``immediately contact'' is 
not addressed. The Federal Mine Safety and Health Review Commission 
(Commission) has observed that ``immediately'' is a term of common 
usage but that the application of the current requirement must be 
evaluated on a case-by-case basis. The ETS defines ``immediately'' to 
mean at once without delay and within 15 minutes.
    MSHA was not notified of the Sago Mine accident until approximately 
two hours after the occurrence of the accident. While that delay is 
under investigation and it is unclear whether the delay played any role 
in the fatalities due to the high levels of methane and carbon monoxide 
which prevented immediate entry by rescuers, the lack of timely 
notification of an accident can play a lethal role resulting in grave 
consequences for miners caught underground in a mine emergency. In

[[Page 12257]]

light of the Sago accident, MSHA reviewed the violation and case 
history for Sec.  50.10. There have been a number of cases where 
operators failed to immediately contact MSHA, were cited and ordered to 
pay a penalty after contesting the citations before the Commission.
    Operator notification to MSHA in the event of a mine accident is 
vital to enable the Agency to effectively respond in emergency or 
potentially life threatening situations. Notification alerts the Agency 
so that accident investigations and assistance to trapped or injured 
miners can be initiated. MSHA is particularly concerned that failure to 
immediately notify the Agency of mine emergencies can cost lives by 
delaying rescue services. In defining ``immediately,'' the ETS 
emphasizes the urgency of notification and makes it clear to mine 
operators what is expected of them.
3. Escapeways in Underground Coal Mines
    MSHA has included new provisions, new paragraph (d)(7) under Sec.  
75.380 and new paragraph (c)(5) under Sec.  75.381, that require the 
use of directional lifelines in both the primary and alternate 
escapeways. MSHA believes that this new rule provides greater 
protection than any existing state requirements. A directional lifeline 
is most likely a rope made of durable material, though it could also be 
an equivalent device, such as a pipe or handrail; marked with a 
reflective material every 25 feet; located in such a manner for miners 
to use effectively to escape; and have directional indicators, 
signifying the route of escape, placed at intervals not exceeding 100 
feet. The 1994 Final Report of the Department of Labor's Advisory 
Committee on the Use of Air in the Belt Entry to Ventilate the 
Production (Face) Areas of Underground Coal Mines and Related 
Provisions (Advisory Committee) recommended the installation and 
maintenance of lifelines in all underground coal mines, whether belt 
air was in use at the mine or not.
    The Advisory Committee recommendation specified that lifelines had 
to clearly designate the route of escape. Discussion in the Advisory 
Committee's report suggested the use of directional cones to increase 
the effectiveness of lifelines. MSHA solicited information from the 
public concerning the use and maintainability of lifelines in the belt 
air proposed rule (64 FR 17480). Many commenters, including NIOSH, 
commented that lifelines can improve the likelihood of escape from mine 
fires and suggested that MSHA consider an additional requirement for 
the installation of lifelines in all escapeways, not just alternate 
escapeways in return air courses at mines using belt air. These 
commenters maintained that, due to the lack of visibility, lifelines 
were necessary to escape a smoke-filled atmosphere.
    Overall, the commenters to the belt air rule stated that lifelines 
could be useful in helping miners escape to the surface of the mine 
when smoke-filled atmospheres are present. After further review of the 
petitions for modifications previously granted to allow the use of belt 
air, reviewing the comments on lifelines, and researching state 
regulations regarding lifelines, MSHA agreed with the commenters that 
lifelines can aid in escape during emergency situations, especially in 
instances of reduced visibility due to smoke. In heavy smoke, a miner 
can easily become disoriented and cannot determine the proper direction 
for escape. A directional lifeline gives the miner added safety by 
directing the miner through the smoke-filled entries to safety. As a 
result of the ``belt air'' rulemaking, the Agency included paragraph 
(n) of Sec.  75.380 and required the use of lifelines in alternate 
escapeways located in return air courses in mines using belt air (69 FR 
17480).
    Three states, Kentucky, West Virginia, and Virginia have required 
lifelines in underground coal mines (Ky.Rev.Stat.Ann. Sec.  352.135; 
W.Va. Code Sec.  22A-2-60, paragraph (b); Va. Code Sec.  45.1-161.166, 
paragraph (b)) for many years. These state statutes require the use of 
directional durable lifeline cords; either in the primary or alternate 
escapeway.
4. The Need for Additional Self-Contained Self Rescuers
    MSHA has included new Sec.  75.1714-4 requiring the mine operator 
to provide at least one additional self-contained self rescuer 
(``SCSR'') that provides protection for a period of 1 hour or longer to 
cover the maximum number of persons in an underground coal mine. Since 
1980, each person working in an underground coal mine has been required 
to have immediate access to an SCSR. SCSRs are devices which aid in the 
escape from mine fires, explosions, and other incidents where an 
irrespirable mine atmosphere is present. An SCSR is a closed-circuit 
breathing device that contains an independent supply of oxygen. Because 
SCSRs function in a closed circuit, they enable persons to breathe 
clean air in the presence of hazardous or life-threatening contaminants 
in the mine atmosphere.
    Contaminated air in underground coal mines is usually the result of 
an explosion or mine fire which is an ever-present threat in that 
inherently dangerous environment. For example, in January 2006, the 
explosion at the Sago Mine and the mine fire at the Aracoma Alma No. 1 
Mine filled the atmosphere at both mines with smoke and other 
contaminants. In addition to smoke, the contaminated air at both of 
these mines contained carbon monoxide, methane, carbon dioxide, and 
other products of combustion. This contaminated air may have also 
contained chlorine; hydrogen cyanide; isocyanates; oxides of nitrogen; 
and sulfur. Such contaminants are more complex and potentially more 
harmful than the ordinary combustion products of coal fires. The 
contaminants are the result of a wide variety of materials that are 
usually present in the mine, such as rubber conveyor belts, plastics, 
polyurethane, insulation, combustible liquids including hydraulic fuels 
and lubricants, and cable coverings. Depending on the nature of the 
material exposed to the fire or heat, very complex and toxic 
decomposition products can result. The combination of contaminants can 
be more hazardous than the individual contaminants alone.
    MSHA's records show that 56 underground coal mine fires, with a 
duration greater than 30 minutes, and five explosions have been 
reported to MSHA during the ten-year period from February 1, 1996 to 
February 1, 2006. During that same period explosions resulted in the 
deaths of 31 coal miners, and fires resulted in two deaths. Although 
mine fires that last less than 30 minutes do not have to be reported to 
MSHA, the Agency has anecdotal reports that such fires commonly occur. 
Mine fires, ignitions, and explosions, regardless of duration, can 
present a grave potential hazard to underground coal miners due to the 
thick smoke, toxic atmosphere, and limited visibility that often 
results from these events.
    In addition to reportable coal mine fires, operators have reported 
numerous unplanned ignitions of methane. During the ten-year period 
from February 1, 1996 to February 1, 2006, the coal mining industry 
reported approximately 650 ignitions. Each of these ignitions had the 
potential to result in a mine fire or explosion which would release 
hazardous or life threatening contaminants into the mine atmosphere.
    Potentially explosive methane is naturally present in underground 
coal mines and can ignite when an ignition source is present. 
Combustible dusts, including material brought into a mine,

[[Page 12258]]

can smolder and eventually catch fire when near a source of heat. There 
are numerous ignition sources present underground. For example, belt 
lines, trolley wires, roof falls, diesel powered equipment, battery 
operated equipment, charging stations, and other forms of electrical 
equipment are prevalent underground and can be the source of an 
ignition. In addition, coal can undergo spontaneous combustion and 
burn.
    In 1998, MSHA inspectors conducted a self-rescue device survey at 
each underground coal mine to determine the type and quantity of self-
rescue device protection used in the coal mining industry. As part of 
this survey, the inspectors collected information about escape 
conditions, such as the height of the escapeways and the distance from 
the working sections to the surface or designated safe location. Based 
on the mine height and distance data obtained from this survey, MSHA 
concluded that there were approximately 234 coal mines where it would 
take miners more than one hour to reach the surface. In addition, in 76 
of the 234 coal mines, miners would require more than two hours of 
travel time to reach the surface. Existing Sec.  75.1714 only requires 
that each miner and visitor to an underground coal mine be supplied 
with one SCSR that is adequate to provide protection from contaminated 
air for one hour or longer. The results of MSHA's 1998 survey show that 
there is a need to have SCSR devices, in addition to the single SCSR 
device required by existing Sec.  75.1714, stored in the mine so that 
all miners would have an air supply sufficient to safely exit the mine 
in the event of an accident or emergency.
    While some miners were able to successfully don and escape the mine 
using their SCSR after the explosion at the Sago Mine and the mine fire 
at the Aracoma Alma No. 1, other miners equipped with only one SCSR did 
not safely evacuate the mines, which were filled with thick, smoky, 
contaminated air. An explosion or mine fire creates a thick, smoke-
filled atmosphere in the mine which hampers a miner's ability to 
quickly evacuate because miners may panic or become disoriented. If an 
accident occurs or an emergency arises, such as the recent Sago mine 
explosion or the Alma No. 1 Mine fire, miners may have to escape 
through long and difficult underground travelways containing 
irrespirable air. During an accident or emergency requiring evacuation 
through a hazardous environment, SCSRs are the last line of defense for 
any miner in the mine. If an adequate number of SCSRs is not readily 
available, the chance of survival during an emergency or accident is 
greatly diminished.
    To further assist all miners to evacuate the mine safely, in 
addition to the SCSR that is now required by the existing standards, 
this new section requires the mine operator to provide at least one 
additional SCSR for each person who is underground. The additional SCSR 
will provide protection for a period of one hour or longer to cover the 
maximum number of miners in the mine. Thus, each miner or person 
underground will have the SCSR that is traditionally carried with him 
or her and an additional SCSR device readily accessible. The 
requirement for additional SCSRs will greatly enhance the ability of 
all miners to safely exit from the mine in an accident or emergency. 
Further, all miners not required to respond to the mine emergency will 
be encouraged to evacuate knowing that an additional supply of oxygen 
is available. This result is consistent with MSHA's intent that miners 
not needed to respond to the mine emergency, evacuate the mine as 
quickly as possible. For those mines where the one required SCSR plus 
one additional required SCSR are not adequate to provide enough oxygen 
to all persons for a safe evacuation, the mine operator will provide 
additional SCSRs in the primary and alternate escapeways under an 
``outby SCSR storage plan.''
5. Timeframe for Implementation
    This ETS is effective immediately. However, various new provisions 
will require that the mine operator develop new plans or purchase new 
equipment. This section of the preamble explains the implementation of 
this ETS.
    A new paragraph (p) is added to Sec.  48.3 requiring the mine 
operator to submit a revised training plan under part 48 to the 
appropriate District Manager for approval no later than April 10, 2006. 
The operator must train in accordance with the revised training plan 
within 2 weeks of plan approval. This provision is consistent with the 
new paragraph 75.1502(d) requiring a revised program of instruction.
    The underground coal operator must submit to the District Manager 
for approval a revised training plan for part 48 and a revised program 
of instruction for Sec.  75.1502 to incorporate the ETS-required 
changes by April 10, 2006. Although equipment required by paragraphs 
75.380(d)(7) and 75.381(c)(5), and Sec.  75.1714-4, may not be 
available immediately, any new or revised training plan and program 
must address training for this equipment.
    MSHA will accept as good faith evidence of compliance, purchase 
orders or contracts to buy lifelines or SCSRs. MSHA will work with 
lifeline and SCSR manufacturers to facilitate implementation of these 
ETS requirements and encourage manufacturers to provide realistic 
delivery dates. MSHA expects that mine operators will have purchase 
orders or contracts completed within 30 days of the effective date of 
this ETS. Installation of such equipment must be completed as soon as 
possible after delivery.
    No later than 2 weeks after receiving approval for the part 48 
training plan modification, the operator must train in accordance with 
the newly revised plan.
    The ETS adds new paragraph (d) to Sec.  75.1502 to require each 
underground coal operator, subject to the Emergency Temporary Standard 
effective March 9, 2006, to submit for approval a revised program of 
instruction to the appropriate District Manager no later than April 10, 
2006. Within 2 weeks of program approval the operator must train in 
accordance with the revised program. This change is consistent with the 
requirement for submitting a revised plan under new paragraph (p) of 
Sec.  48.3.
    MSHA acknowledges that there may be a delay in the ability of mine 
operators to train miners on transferring from one SCSR to another SCSR 
since SCSR training units may not be available. Otherwise, MSHA expects 
mine operators to comply with all of the training requirements. For 
instance, SCSR donning can be included with the mine emergency drills 
and the drills themselves can include traveling the primary or 
alternate escapeway, from the working section or the miner's work 
station, to the surface or the exits at the bottom of the shaft or 
slope. Also, miners can be taught the correct actions to take based on 
different mine emergency scenarios which would require the miner to 
immediately don a self-rescue device.

C. Section-by-Section Discussion

1. Part 48--Training and Retraining of Miners
    The ETS makes a number of non-substantive organizational changes to 
clarify existing provisions or to accommodate new or moved provisions. 
These non-substantive changes retain the substantive requirements in 
existing standards. Non-substantive changes to 30 CFR part 48 include:
    Organizational changes to existing paragraphs 48.5(b)(2), 
48.6(b)(12), 48.8(b)(8), and 48.11(a)(4) by adding a separate listing 
for training in donning

[[Page 12259]]

(paragraph i) and new training in transferring self-rescue devices 
(paragraph ii).
    Adding the term ``hands-on'' to the detailed description of Self-
Rescue and Respiratory Devices training in existing Sec. Sec.  48.5, 
48.6, and 48.11, and paragraph 48.8(b)(8). This further clarifies the 
SCSR training requirements and is consistent with the new provision on 
transferring from self-rescue device to self-rescue device.
a. Section 48.3--Training Plans; Time of Submission; Where Filed; 
Information Required; Time for Approval; Method for Disapproval; 
Commencement of Training; Approval of Instructors
    A conforming change is made to existing paragraph (a) to include 
the exception of the new paragraph (p). The language now reads, 
``[e]xcept as provided in paragraphs (o) and (p) of this section, each 
operator of an underground mine shall have an MSHA approved plan 
containing programs for training new miners, training experienced 
miners, training miners for new tasks, annual refresher training, and 
hazard training for miners as follows:''.
    A new paragraph (p) is added to this section requiring the mine 
operator to submit a revised training plan under this part 48. This 
revised plan shall be submitted to the appropriate District Manager for 
approval no later than April 10, 2006. Within 2 weeks of plan approval, 
the operator must train miners in the new training plan requirements. 
This provision is consistent with the new provision for a revised 
program of instruction for paragraph 75.1502(d) with a revised training 
plan.
b. Section 48.5--Training of New Miners; Minimum Courses of 
Instruction; Hours of Instruction and Section 48.6--Experienced Miner 
Training
    This ETS makes identical changes to Sec.  48.5--Training of new 
miners; minimum courses of instruction; hours of instruction, and Sec.  
48.6--Experienced miner training. These changes are necessary to 
conform and align the training requirements in 30 CFR part 48 with the 
emergency evacuation and related requirements being added to 30 CFR 
part 75. These regulatory changes do not reduce protection for miners.
    1. Self-Rescue and Respiratory Devices: Paragraphs 48.5(b)(2) and 
48.6(b)(12).
    Specifically, MSHA is amending paragraphs 48.5(b)(2) and 
48.6(b)(12) by including language that the complete donning of self-
rescue devices must include a requirement for actual ``hands-on'' 
practice in transferring from self-rescue device to self-rescue device. 
This change parallels changes in 30 CFR part 75 requiring all persons 
in an underground coal mine to have at least one additional self-rescue 
device available for escape during a mine emergency. It also ensures 
that new or newly employed experienced coal miners have the skill to 
not only use a self-rescue device, but also to transfer from self-
rescue device to self-rescue device, before they begin work 
underground. They may need this skill if a mine emergency occurs before 
they are able to participate in a mine emergency evacuation drill. This 
added requirement enhances protection for miners. This training is 
critical and it is important that the training models used for the 
donning and transferring exercises are the same type(s) and model(s) of 
self-rescue devices in use at that mine.
    2. Mine map; escapeways; emergency evacuation; barricading: 
Paragraphs 48.5(b)(5) and 48.6(b)(5). 
    This ETS also amends paragraphs 48.5(b)(5) and 48.6(b)(5) by adding 
a reference to the requirements for emergency evacuation plans in 
existing paragraph 75.1502(a) for underground coal mines and Sec.  
57.11053 for underground metal and nonmetal mines. The existing 
requirements for the initial training of miners requires a review of 
the mine map, escapeway systems, and the mine emergency evacuation 
plans in effect at the mine. Referencing the appropriate standards 
allows MSHA to incorporate the added and expanded ETS requirements in 
existing paragraph 75.1502(a), including scenarios and actual practice, 
into the initial training of coal miners without affecting the training 
program for metal and nonmetal miners. This added requirement improves 
protection for miners by requiring scenarios to be developed and used 
in the actual quarterly drills. This will give miners better 
information to prepare them to successfully evacuate the mine. The 
requirements in this ETS only apply to underground coal mines because 
only underground coal mines are required to provide all persons with 
SCSR devices.
    3. Participation in evacuation drills: New paragraphs 48.5(e) and 
48.6(f).
    This ETS also amends Sec.  48.5 and Sec.  48.6 by adding new 
identical paragraphs 48.5(e) and 48.6(f) requiring new or newly 
employed experienced coal miners to participate in the next drill as 
required in existing paragraph 75.383(b) or newly amended paragraph 
75.1502(c), whichever occurs first. This will ensure that newly hired 
miners will be included in the next drill at the mine. MSHA believes 
that regular and frequent participation in the emergency evacuation 
drills will reinforce the miners' knowledge and skill for responding 
appropriately to a mine emergency and lessen the disorientation and 
panic that may cause the miner to make wrong decisions.
    MSHA chooses to require the new or experienced underground coal 
miner's participation in the evacuation drills under the requirements 
in 30 CFR part 75 rather than as part of the initial training under 30 
CFR part 48. Initial miner training is reinforced by the experience of 
traveling the escapeways to the surface or bottom of a shaft or slope, 
and physically locating directional lifelines or equivalent devices and 
stored SCSRs. This added requirement increases protection for miners 
because the frequency of drills is increased from one time per year 
under this part to four times per year under Sec.  75.1502 and ensures 
that miners receive training at the next underground drill.
c. Section 48.8--Annual Refresher Training of Miners; Minimum Courses 
of Instruction; Hours of Instruction
    Underground coal miners will receive refresher training on their 
SCSR skills at least every 90 days because this ETS adds the 
requirement for ``hands-on'' SCSR training during the drills required 
by Sec.  75.1502. For this reason, the requirement for training in 
donning self-rescue devices under existing paragraph 48.8(b)(8) is 
being modified to included transferring from one self-rescue device to 
another device for underground coal miners. New language in this 
section allows underground coal miners to satisfy the requirements of 
new paragraphs 48.8(b)(8)(i) and (ii) by participating in the emergency 
evacuation drills required by Sec.  75.1502. This added requirement 
enhances protection for miners because it increases the frequency of 
training.
d. Section 48.11--Hazard Training
    This ETS adds a new requirement for ``hands-on'' training in 
transferring from self-rescue device to self-rescue device to the 
existing requirement for donning a self-rescue device in paragraph 
(a)(4) of existing Sec.  48.11. It also identifies the donning 
requirement as paragraph (a)(4)(i) and the transfer requirement as 
paragraph (a)(4)(ii). This additional requirement reinforces MSHA's 
belief that all miners and visitors need to know how to transfer from 
one self-rescue device to another. This added requirement enhances 
protection for miners or visitors. The ETS does not change the existing 
requirement that all

[[Page 12260]]

miners and visitors receive training in the donning of all types of 
SCSRs.
2. Part 50--Notification, Investigation, Reports, and Records of 
Accidents, Injuries, Illnesses, Employment, and Coal Production in 
Mines
Section 50.10--Immediate Notification
    The ETS incorporates a definitive standard into Sec.  50.10 of what 
is meant by ``immediately contact.'' The ETS provides that the contact 
is to be done ``at once without delay.'' These terms reflect the 
ordinary meaning of ``immediately'' and are taken from definitions 
found in Webster's Third New International Dictionary (Unabridged)(1986 
ed.) and the Random House Dictionary of the English Language 
(Unabridged)(2d ed. 1987). In discussing the meaning of 
``immediately,'' the Commission has cited these dictionary sources. 
See, e.g., Consolidation Coal Co., 11 FMSHRC 14 1935 at 1938 (October 
31, 1989). The ETS further specifies that the notification must be done 
``within 15 minutes.'' This sets a maximum time within which the 
contact must be made. MSHA believes that 15 minutes is a reasonable 
time to access a telephone or other means of communication and place a 
contact call to the Agency. Fifteen minutes or a quarter of an hour is 
a concept that is easily remembered even in times of stress. To comply 
with the ETS then, an operator must act right away as circumstances 
permit and such action must take place within 15 minutes.
    The 15 minute time period begins when the mine operator determines 
that an accident has occurred. MSHA is aware, however, that there are 
occasions, especially immediately after an explosion or fire, when mine 
communications may be lost and it may take some time to re-establish 
contact and communicate that an accident has occurred. The ETS 
recognizes that such circumstances may occur by providing that when 
communications are lost due to emergency or other unexpected event, the 
operator must notify MSHA at once without delay and within 15 minutes 
of having access to a telephone or other means of communication. It is 
expected that the operator will be diligent in attaining access to a 
telephone or other communication means under such circumstances.
    Under the MSHA system for receiving notification, a call to the 
MSHA district office having jurisdiction over the mine may be forwarded 
to an answering service that gives the mine operator other numbers to 
call to personally reach district officials. Once an official is 
reached, the agency is notified. Alternatively, the MSHA Headquarters 
800 toll-free line has a 24 hour, 7 day per week answering protocol so 
that once the call is placed, the agency is notified.
    MSHA reviewed contest cases concerning Sec.  50.10, and the 
Agency's enforcement experience, to determine why some mine operators 
may not immediately notify the Agency. One reason is that the 
notification is made only after being processed through a chain of 
command at the mine. Another reason is a tendency to try to take care 
of an incident before it becomes a reportable accident. Yet another 
reason may be grounded in the very human propensity to focus 
exclusively on evacuation and mine emergency response in the wake of a 
mine emergency. Taking too much time to determine whether, in fact, an 
accident occurred which would trigger notification to MSHA, is another 
reason. Yet another reason is ignorance of the law. The ETS is intended 
to impress upon mine operators that notification is urgent and must be 
made a priority. Therefore, the ETS enhances protection to miners, and 
certainly does not reduce that protection.
    The ETS does not change the basic interpretation of Sec.  50.10. By 
the terms of the provision, an operator is required to notify MSHA only 
after determining whether an ``accident'' as defined in existing 
paragraph 50.2(h) has occurred. This affords operators a reasonable 
opportunity to investigate an event prior to notifying MSHA. That is, 
mine operators may make reasonable investigative efforts to 
expeditiously reach a determination. In that way an operator is 
responsible for immediately notifying MSHA about those accidents that 
the operator knows or should know about. Thus Sec.  50.10, in the words 
of the Commission, ``[s]hould be carried out in good faith and without 
delay, and in light of the regulation's command of prompt, vigorous 
action.'' It is important that notification be sufficient so that the 
Agency is actually put on notice as to what happened. MSHA invites 
comment on whether Sec.  50.10 should be further amended to require 
that the notification specify the type of accident per existing 
paragraph 50.2(h