Emergency Mine Evacuation, 71430-71455 [06-9608]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 71, Number 236 (Friday, December 8, 2006)]
[Rules and Regulations]
[Pages 71430-71455]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9608]



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Part V





Department of Labor





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Mine Safety and Health Administration



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30 CFR Parts 3, 48, 50, and 75



Emergency Mine Evacuation; Final Rule

Federal Register / Vol. 71, No. 236 / Friday, December 8, 2006 / 
Rules and Regulations

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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 3, 48, 50, 75

RIN 1219-AB46


Emergency Mine Evacuation

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Final rule.

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SUMMARY: The Mine Safety and Health Administration (MSHA) is issuing 
this final rule to revise the Agency's Emergency Temporary Standard 
(ETS), which addresses standards in the Code of Federal Regulations 
(CFR), title 30, parts 48, 50, and 75. The final rule includes 
requirements for increased availability and storage of self-contained 
self-rescue devices (SCSRs); improved emergency evacuation drills and 
self-contained self-rescue device training; and the installation and 
maintenance of lifelines in underground coal mines. In addition, the 
final rule requires immediate accident notification applicable to all 
mines. The requirements provide an improved, integrated approach to 
emergency evacuation training and emergency preparedness. This final 
rule does not reduce protections afforded miners under existing 
standards.

DATES: Effective Date: This rule is effective December 8, 2006.
    Compliance Dates:
    Sec. Sec.  48.3 and 75.1502--The operator shall submit a revised 
training plan and a revised program of instruction to the appropriate 
District Manager for approval no later than February 6, 2007, and 
conduct training within 30 days of plan approval.
    Sec.  75.1504--The operator shall complete the initial quarterly 
emergency mine evacuation training and drill no later than March 31, 
2007.
    Sec.  75.1504(c)(3)--The operator shall place purchase orders for 
realistic SCSR training units or devices within 30 days of notification 
by MSHA that the units are available, and conduct this component of 
expectations training within 60 days of receipt of the units. MSHA will 
notify mine operators of the availability of realistic SCSR training 
units by publishing a notice in the Federal Register.
    Sec. Sec.  75.1714-6 and 75.1714-7--The operator shall provide 
emergency tethers and handheld, multi-gas detectors no later than 
February 6, 2007.
    Sec.  75.1714-8--The operator shall complete the self-contained 
self-rescue (SCSR) device inventory no later than March 31, 2007.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office 
of Standards, Regulations, and Variances, MSHA, 1100 Wilson Boulevard, 
Room 2350, Arlington, Virginia 22209-3939. Ms. Silvey can be reached at 
silvey.patricia@dol.gov (internet e-mail), 202-693-9440 (voice), or 
202-693-9441 (facsimile).

SUPPLEMENTARY INFORMATION:

I. Introduction

    The outline of this final rule is as follows:

I. Introduction
    A. Background of the Final Rule
    B. General Discussion of the Final Rule
II. Section-By-Section Analysis
    A. Part 48--Training and Retraining of Miners
    B. Part 50--Notification, Investigation, Reports and Records of 
Accidents, Injuries, Illnesses, Employment, and Coal Production in 
Mines
    C. Part 75--Mandatory Safety Standards--Underground Coal Mines
III. Derivation and Distribution Tables
IV. Executive Order 12866
    A. Population-at-Risk
    B. Compliance Costs
    C. Benefits
V. Feasibility
VI. Regulatory Flexibility Act and Small Business Regulatory 
Enforcement Fairness Act (SBREFA)
    A. Definition of a Small Mine
    B. Factual Basis for Certification
VII. Paperwork Reduction Act of 1995
    A. Summary
    B. Procedural Details
VIII. Other Regulatory Considerations
    A. The Unfunded Mandates Reform Act of 1995
    B. The Treasury and General Government Appropriations Act of 
1999: Assessment of Federal Regulations and Policies on Families
    C. Executive Order 12630: Government Actions and Interference 
With Constitutionally Protected Property Rights
    D. Executive Order 12988: Civil Justice Reform
    E. Executive Order 13045: Protection of Children from 
Environmental Health Risks and Safety Risks
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. Executive Order 13272: Proper Consideration of Small Entities 
in Agency Rulemaking
IX. Final Rule Text

A. Background of the Final Rule

    In developing the final rule, MSHA considered accident and injury 
data, research studies and data, implementation and enforcement 
experience, and the written comments and hearing testimony on the 
Emergency Temporary Standard (ETS), as well as provisions of the Mine 
Improvement and New Emergency Response Act of 2006 (Pub. L. 109-236) 
(MINER Act).
1. Emergency Temporary Standard
    MSHA issued an ETS on March 9, 2006 (71 FR 12252) in accordance 
with Section 101(b) of the Federal Mine Safety and Health Act of 1977 
(Mine Act). Mine emergencies in underground coal mines, particularly 
the accidents at the Sago and Aracoma Alma mines in January 2006, led 
MSHA to conclude that a more integrated approach to mine emergency 
response and evacuation was necessary. In issuing the ETS, MSHA acted 
to protect miners from a grave danger associated with mine emergencies 
and evacuations. In accordance with the Mine Act, the ETS served as the 
proposed rule, and was effective immediately upon publication. This 
final rule addresses standards and issues in the ETS.
    The ETS included requirements for underground coal mine operators 
to: provide additional self-contained self-rescue devices (SCSRs) for 
persons working underground; conduct improved SCSR training and more 
realistic evacuation drills; and install and maintain lifelines in both 
escapeways. The ETS also required all mine operators to immediately 
notify MSHA of accidents within 15 minutes.
    MSHA solicited public comments on the ETS and held four public 
hearings. These hearings took place on: April 24, 2006, in Lakewood, 
Colorado; April 26, 2006, in Lexington, Kentucky; April 28, 2006, in 
Arlington, Virginia; and May 9, 2006, in Charleston, West Virginia (71 
FR 15028). The public comment period, scheduled to close on May 30, 
2006, was extended to June 29, 2006 (71 FR 29785), in response to a 
request from the public and to allow the public additional time to 
respond to the 17 questions and other issues raised in the ETS and in 
MSHA's opening statement at the public hearings. Comments and public 
hearing transcripts are available on MSHA's website at www.msha.gov. 
MSHA considered all relevant comments when developing this final rule.
2. The Mine Improvement and New Emergency Response Act of 2006
    Responding to the Sago and Aracoma Alma mine tragedies, Congress 
enacted the MINER Act, which was signed by the President on June 15, 
2006. The MINER Act amended the Mine Act and, among other things, 
included provisions

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that addressed some of the same requirements as the ETS. The MINER Act 
included requirements for SCSR storage, training, lifelines, and 
accident notification.
    MSHA issued Program Policy Letter (PPL) No. P06-V-8 on July 21, 
2006, PPL No. P06-V-9 on August 4, 2006, and PPL No. P06-V-10 on 
October 24, 2006, providing guidance to the mining industry for 
implementing Emergency Response Plans in accordance with Section 2 of 
the MINER Act. In the final rule, MSHA reconciles the ETS with 
applicable provisions of the MINER Act.
3. Timeline for Implementation of the Final Rule
    MSHA provides mine operators additional time to comply with various 
provisions of this final rule. The mine operator may have to revise 
training, emergency evacuation, or firefighting plans; train miners in 
new and revised provisions; determine the locations for SCSR storage; 
purchase and install equipment, as applicable; or compile SCSR 
inventories. Because of ETS and MINER Act requirements, operators will 
already be in compliance with many of the provisions in this final.
    Underground coal mine operators must submit a revised training plan 
for part 48 and a revised program of instruction for Sec.  75.1502 to 
the relevant MSHA District Manager for approval no later than February 
6, 2007. The operator must train in accordance with the revised program 
under 30 CFR 75.1502 within 30 days of plan approval. Any new or 
revised training plan and program must incorporate new and revised 
requirements, even if the equipment necessary to conduct the training 
is not yet available. The final rule allows operators until February 6, 
2007, to obtain tethers and hand-held, multi-gas detectors.
    The final rule also allows operators until March 31, 2007 (the 
first quarter of 2007) to complete the mine emergency evacuation 
training and drill required by Sec.  75.1504 and the SCSR inventory 
required by Sec.  75.1714-8. The final rule does not include a specific 
compliance date for one component of ``expectations'' training required 
by Sec.  75.1504(c) because realistic SCSR training units, or devices 
that provide the sensation of SCSR airflow resistance and heat, are not 
yet available for purchase. The final rule requires the mine operator 
to have a purchase order for these realistic SCSR training units within 
30 days of notification by MSHA that the units are available. The mine 
operator must complete training on breathing through a realistic SCSR 
training unit or equivalent device within 60 days of receipt of the 
training units.
    MSHA will accept, as good faith evidence of compliance with the 
final rule, purchase orders for: SCSR training units and mouthpieces 
(Sec.  75.1504); additional SCSRs (Sec.  75.1714-4); tethers (Sec.  
75.1714-6); and handheld multi-gas detectors (Sec.  75.1714-7). The 
Agency will also accept contracts with a training facility to provide 
SCSR ``expectations'' training [Sec.  75.1504(c)] as good faith 
evidence of compliance with the final rule.

B. General Discussion of the Final Rule

    The final rule helps assure that miners, mine operators, and MSHA 
will be able to respond quickly and effectively in the event of an 
emergency. It includes requirements for mine operators to provide 
increased capability for mine emergency response and evacuation and 
covers SCSR availability and storage; training and drills; lifelines, 
tethers, and multi-gas detectors; and accident notification.
1. Self-Contained Self-Rescue Devices (SCSRs)
    Explosions and mine fires are an ever-present threat in an 
underground coal mine and can present a grave potential hazard to 
underground coal miners due to toxic atmospheres and limited 
visibility. Contaminated air can contain volatile hydrocarbons, 
chlorine, hydrogen cyanide, isocyanates, oxides of nitrogen, and oxides 
of sulfur. These contaminants are more complex and potentially more 
harmful than carbon monoxide and carbon dioxide, the ordinary 
combustion products of coal fires.
    SCSRs are closed-circuit breathing devices containing or producing 
an independent supply of oxygen, enabling miners to breathe in the 
presence of hazardous or life-threatening contaminants in the mine 
atmosphere. SCSRs allow miners to escape from mine fires, explosions, 
and other incidents where an irrespirable mine atmosphere is present. 
Since 1980, MSHA has required that each person working in an 
underground coal mine have immediate access to an SCSR.
    The final rule adds requirements to assure that SCSRs are 
maintained in good condition and are accessible to all underground 
miners. The final rule also includes requirements to assure that miners 
know when and how to use SCSRs effectively.
2. Effective Mine Emergency Training and Response
    The best technology, equipment, and emergency supplies are of 
little use if they are not used effectively or at all. Emergencies can 
cause disorientation and panic. The appropriate response in a mine 
emergency can be vital to survival. Training is critical to instilling 
discipline, confidence, and skill necessary to successfully escape and 
survive an emergency. The final rule requires more comprehensive 
training and realistic mine emergency evacuation training and drills to 
help assure that underground coal miners can respond quickly and 
appropriately to life threatening mine emergencies.
3. Continuous Directional Lifelines and Tethers
    MSHA intends that miners, not required to respond to a mine 
emergency, evacuate the mine as quickly as possible. In this final 
rule, MSHA reiterates that, in the event of a mine emergency, the first 
line of defense is to evacuate the mine. To assist miners in evacuating 
the mine under conditions of panic and poor visibility, the final rule 
requires mine operators to provide both continuous directional 
lifelines and tethers. Continuous, directional lifelines are required 
to be installed and maintained in both the primary and alternate 
escapeways to guide miners to a mine exit. Tethers are required to be 
stored at inby storage locations and on mantrips so that members of a 
mine crew can link together while evacuating the mine.
4. Notifying MSHA of Accidents
    In emergencies, where delay in responding can mean the difference 
between life and death, immediate notification leads to the 
mobilization of an effective mine emergency response. Immediate 
notification activates MSHA emergency response efforts, which can be 
critical in saving lives, stabilizing the situation, and preserving the 
accident scene. Immediate notification also promotes Agency assistance 
of the mine's first responder efforts. In other situations, it allows 
for a range of appropriate Agency responses depending on the 
circumstances. It alerts MSHA to trends or warning signals that can 
trigger a special inspection, an investigation, or targeted 
enforcement. This communication also encourages operators and miners to 
work with MSHA to develop procedures that prevent incidents from 
resulting in more hazardous situations, ultimately leading to 
disasters.

II. Section-By-Section Analysis

    This final rule adds new requirements in 30 CFR parts 48, 50, and 
75. In addition, this final rule makes non-substantive conforming 
amendments to

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30 CFR part 3 to reflect changed numbering of standards and to display 
additional OMB control numbers under the Paperwork Reduction Act of 
1995.

A. Part 48--Training and Retraining of Miners

    The final rule makes several changes to the training standards in 
30 CFR part 48. It modifies SCSR donning procedures by removing the 
option allowing underground coal miners to simulate the insertion of 
the mouthpiece while explaining this task.
    Commenters were concerned that ETS training requirements applied 
only to underground coal mines. They stated that underground metal and 
nonmetal mines face the same evacuation needs as coal mines when a 
fire, explosion, or gas or water inundation occurs underground. 
Commenters expressed concern that MSHA was making a substantive change 
to the training courses in Sec. Sec.  48.5(b)(5) and 48.6(b)(5) by 
referencing 30 CFR 57.11053 (escape and evacuation plans applicable to 
metal and nonmetal mines). Another commenter expressed concern that the 
ETS was ambiguous with respect to some provisions in 30 CFR part 48. 
This commenter asked MSHA to clarify that the changes to part 48 apply 
only to underground coal mines.
    The training provisions in the ETS applied only to underground coal 
mines, and not to metal and nonmetal mines. Similarly, the training 
provisions in this final rule apply only to underground coal mines, and 
not to metal and nonmetal mines. Although the final rule retains the 
reference to 30 CFR 57.11053, it makes no change to the training 
requirement for metal and nonmetal evacuation procedures. Changes to 
metal and nonmetal emergency evacuation procedures in 30 CFR part 57 
are beyond the scope of this final rule.
    Some commenters were concerned that, by adding new or expanded 
requirements, new miner and annual refresher training would become more 
overloaded. These commenters recommended that MSHA remove mine 
emergency training requirements from part 48 and consolidate them in 
part 75. These commenters stated that consolidating mine emergency 
evacuation training requirements in part 75 would emphasize the 
importance of this training.
    In response to commenters' concerns, the final rule transfers to 
part 75, part 48 annual refresher training requirements on self-rescue 
devices and on mine maps, escapeways, emergency evacuation, and 
firefighting, and integrates them with mine emergency evacuation 
training and drill requirements. By providing underground coal miners 
with an integrated, more realistic training experience quarterly, this 
final rule will increase training effectiveness. Because this training 
now will be conducted under part 75, the time that was previously 
allotted for it, in the 8 hours of annual refresher training required 
under part 48, can be used for other health and safety subjects.
    Under the final rule, independent contractors who do not receive 
this training under part 75 will continue to receive it under part 48. 
For these workers, this training will continue to count toward part 48 
training requirements.
1. Section 48.3 Training Plans
    This final rule modifies Sec.  48.3(p) to require each operator of 
an underground coal mine, who is required to submit a revised program 
of instruction for 30 CFR 75.1502, to also submit a revised training 
plan under part 48. Consistent with MSHA's past practice, to minimize 
administrative burdens, the Agency will provide coal mine operators 
with a training plan addendum to address the change made in SCSR 
donning procedures requiring insertion of the mouthpiece. Underground 
coal mine operators can attach the addendum to their approved training 
plan in lieu of resubmitting the entire part 48 training plan for 
approval.
2. Sections 48.5(b)(2), 48.6(b)(12), 48.8(b)(8), and 48.11(a)(4) Self-
Rescue and Respiratory Devices
    The final rule retains the ETS requirements for self-rescue and 
respiratory device training, including instruction and demonstration in 
the use, care, and maintenance of self-rescue and respiratory devices 
used at the mine. The ETS standards required hands-on training in SCSR 
donning procedures, including a requirement that the miner insert the 
mouthpiece or simulate this task while explaining proper insertion, and 
a requirement for hands-on training in transferring from a ``self-
rescue device to an SCSR.'' The final rule revises the existing 
standard and removes the option allowing miners to simulate inserting 
the mouthpiece while explaining proper insertion. The final rule also 
clarifies MSHA's intent that transferring from a ``self-rescue device 
to an SCSR'' applies to all applicable self-rescue devices at the mine.
    Under the final rule, after receiving new or experienced miner 
training, underground coal miners will receive SCSR donning and 
transferring training under part 75, as part of the emergency mine 
evacuation training and drills, rather than under part 48 annual 
refresher training. Independent contractors who do not participate in 
mine emergency evacuation drills conducted under part 75 must continue 
to receive SCSR donning and transferring training under Sec.  48.8, 
annual refresher training, and Sec.  48.11, hazard training.
    The existing standards emphasize that proficiency in donning the 
SCSR is essential for a miner to successfully escape the mine during a 
mine emergency. The MINER Act further underscores this by requiring 
SCSR ``training for each miner in proper procedures for donning self-
rescuers, switching from one unit to another, and ensuring a proper 
fit.'' MSHA experience and data show that a simulation of inserting the 
SCSR mouthpiece does not adequately provide the miner with the 
necessary skills to obtain a proper fit of the mouthpiece. Benefits 
supporting actual insertion of the mouthpiece include the miner's 
experience of a proper fit of the mouthpiece and the sensation of 
resistance breathing. This aspect of SCSR training is more effective 
when taught and learned in a safe environment, rather than in an 
emergency evacuation situation.
    Some commenters pointed out that insertion of the mouthpiece is a 
motor skill that requires practice to develop proficiency, and that 
simulation does not really provide this type of training. Several 
commenters supported training that included actual insertion of the 
mouthpiece using a training mouthpiece. One suggested that an 
economical disposable mouthpiece be developed for use in 
``expectations'' training. Referencing his company's participation in 
Bureau of Mines' research studies in the early 1980's, one commenter 
stated that miners at his mine were each provided with their own 
mouthpiece and corrugated hose, which would simulate breathing 
resistance and function as a personal training unit. One SCSR 
manufacturer makes a mouthpiece that not only simulates the breathing 
resistance of their SCSR, but is easily removable from the SCSR 
training unit. As pointed out by one commenter, these portable 
mouthpieces could be purchased for each employee, which would alleviate 
any hygienic concerns.
    The mining public has expressed concern over sharing a training 
mouthpiece even after it is cleaned and disinfected. Some miners have 
resisted using these devices, stating that the sanitizing methods may 
not be effective.

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In ``Cleaning, Disinfecting, and Sterilizing Self-Contained Self-
Rescuer Mouthpiece Assemblies Used in Hands-On Training,'' \1\ the 
Bureau of Mines describes some procedures for disinfecting mouthpieces. 
MSHA understands that insertion of the mouthpiece may cause some 
anxiety in miners; however, with proper cleaning and disinfecting, or 
personal mouthpieces, miners' anxiety should be minimized. Cleaning and 
disinfecting shared mouthpieces and providing disposable or personal 
mouthpieces are acceptable for training.
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    \1\ NIOSH, Information Circular IC 9236, 1989.
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    One commenter pointed out that--

    Information on the correct procedures [for transferring SCSR 
units] is not provided by the manufacturer, especially from one 
manufacturer's unit to another. Also, no instructions are available 
to transfer from a chemical generating oxygen unit to a compressed 
oxygen type unit or vice-versa.

MSHA has developed training materials to assist mine operators and 
certified instructors in providing training on transferring between all 
applicable SCSRs. MSHA will make training materials available to mine 
operators and post them on the Agency's Web site.
3. Section 48.8(b)(4) Roof or Ground Control, Ventilation, Emergency 
Evacuation and Firefighting Plans
    The final rule makes a conforming amendment to Sec.  48.8(b)(4) to 
clarify that underground coal miners who receive quarterly training on 
emergency evacuation and firefighting plans in effect at the mine, as 
part of the emergency mine evacuation training and drills under Sec.  
75.1504, are not required to receive this training as part of their 
annual refresher training.
4. Sections 48.5(e) and 48.6(f) Participation in Evacuation Drills
    This final rule removes Sec. Sec.  48.5(e) and 48.6(f). These 
paragraphs in the ETS had been added to require new or newly employed 
experienced coal miners to participate in the next escapeway or 
evacuation drill. The final rule consolidates and expands the escapeway 
and evacuation drill requirements for underground coal mines under 
Sec.  75.1504 and transfers the requirement for newly hired miners to 
participate in the next evacuation drill to Sec.  75.1504(a)(1). The 
initial drill requirements in Sec. Sec.  48.5(e) and 48.6(f) are no 
longer needed.
5. Section 48.11(a)(4) Hazard Training
    This final rule retains the existing requirement for hands-on 
training in donning an SCSR and transferring from one self-rescue 
device to an SCSR. The final rule revises the ETS requirement to 
clarify MSHA's intent that hands-on training in transferring is between 
all applicable self-rescue devices at the mine. This final rule also 
revises the SCSR donning protocol to require insertion of the 
mouthpiece. Section II.A.2. of this preamble discusses this change.
    Some commenters stated that the requirements for hands-on training 
in donning and transferring all types of SCSRs used at the mine is 
unnecessary for non-mining personnel. They suggest that non-mining 
personnel, such as visitors and vendors, can receive adequate training 
via demonstration or video review of the use of an SCSR. Some suggested 
limited training on a designated unit. Others stated that--

* * * with regard to hazard training, we recommend clearly providing 
the operators the flexibility to accept form 5023 [sic] 
documentation of applicable, up-to-date SCSR training in lieu of 
hands-on training for non-mine employees * * *.

    Commenters stated that training non-mining personnel on donning 
multiple types of SCSRs would be counterproductive and that training on 
transferring between all self-rescue devices at the mine would be 
overwhelming and provide little benefit, especially for visitors. 
Commenters pointed out that these persons are accompanied at all times 
by an experienced miner who could assist them in the unlikely event of 
a mine emergency requiring the use of an SCSR.
    MSHA's experience and data suggest that all persons underground 
must be provided practical, hands-on experience in donning and 
transferring an SCSR. The final rule requires hands-on SCSR donning and 
transferring training for visitors, short-term workers, or independent 
contractors not regularly exposed to mine hazards under Sec.  48.11, 
hazard training, rather than under Sec.  75.1504. If the mine uses only 
one type of SCSR, these persons must be trained to don and transfer 
only that one type. If visitors, short-term workers, or independent 
contractors are going into the mine past an SCSR storage location that 
contains a different type SCSR than the one carried, these persons must 
be trained to don and transfer between both types of SCSRs before going 
underground. Training in transferring from one SCSR to another SCSR 
will provide them with skill needed to transfer to and don another 
SCSR. Even though accompanied by an experienced miner, at a minimum, 
visitors must be prepared to independently, quickly, and correctly don 
and transfer an SCSR. MSHA agrees that SCSR training for visitors, 
short-term workers, or independent contractors unfamiliar with mining 
could be confusing and that they may not always retain all the steps 
required to don and transfer. If these persons are involved in a mine 
emergency, direct assistance or instruction may be impossible. The 
better prepared these persons, however, the better their chance for 
donning the SCSR correctly during the first few critical minutes of a 
mine emergency.

B. Part 50--Notification, Investigation, Reports and Records of 
Accidents, Injuries, Illnesses, Employment, and Coal Production in 
Mines

    Notifying MSHA of accidents must be a priority of the mine 
operator. Any unnecessary delay can result in loss of life or other 
harmful consequences. The final rule retains the requirement in the ETS 
that mine operators notify MSHA of all accidents immediately and within 
15 minutes. The final rule also revises the definition for two types of 
reportable accidents, ``fire'' and ``entrapment.''
    On January 2, 2006, the operator of the Sago Mine delayed notifying 
MSHA of the explosion for more than 2 hours. MSHA issued the ETS with 
the 15-minute immediate notification requirement, effective March 9, 
2006. Subsequently, when the explosion at the Darby Mine occurred on 
May 20, 2006, the operator alerted MSHA within 5 minutes of being aware 
of the explosion. This allowed MSHA to immediately initiate a rescue 
response.
1. Section 50.2(h) Definition of Accident
    The final rule amends the definition for two types of reportable 
accidents.
    a. Section 50.2(h)(3): Accident Definition for Entrapment. Under 
the ETS and the previous standard, ``accident'' included ``[a]n 
entrapment of an individual for more than thirty minutes.'' Section 
5(a) of the MINER Act amends Section 103(j) of the Mine Act pertaining 
to the reporting of accidents to include an ``entrapment of an 
individual at the mine which has a reasonable potential to cause 
death.'' Thus, to conform with the MINER Act, the final rule amends the 
definition of ``accident'' under Sec.  50.2(h)(3) to include such 
entrapments.
    In using the ``reasonable potential to cause death'' basis for 
injuries and entrapments, the MINER Act and the final rule retain an 
element of judgment. This ``reasonable potential'' language also 
appeared under the ETS and the prior standard in relation to injuries. 
According to the Federal Mine Safety and Health Review Commission 
(Commission), the operator's decision as

[[Page 71434]]

to what constitutes a ``reasonable potential to cause death'' ``cannot 
be made upon the basis of clinical or hypertechnical opinions as to a 
miner's chance of survival.'' The judgment is based on what a 
reasonable person would discern under the circumstances, particularly 
when ``[t]he decision to call MSHA must be made in a matter of minutes 
after a serious accident.'' [See Cougar Coal, 25 FMSHRC 513 at 521 
(September 5, 2003)]. Based on MSHA experience and common medical 
knowledge, some types of ``injuries which have a reasonable potential 
to cause death'' include concussions, cases requiring cardio-pulmonary 
resuscitation (CPR), limb amputations, major upper body blunt force 
trauma, and cases of intermittent or extended unconsciousness. These 
injuries can result from various indicative events, including an 
irrespirable atmosphere or ignitable gas, compromised ventilation 
controls, and roof instability.
    b. Section 50.2(h)(6): Accident Definition for Mine Fires. Mine 
fires have been an ongoing Agency concern. Underground fires can lead 
to catastrophic consequences under certain conditions. The prior 
standard required operators to report fires not extinguished within 30 
minutes of discovery. Almost all fires occurring in underground mines 
are extinguished within 30 minutes of discovery. Many of those fires, 
however, have the potential to cause injury or death, particularly if 
the underlying causes are not addressed. Knowing the locations of these 
fires can help miners, mine operators, and MSHA identify problem areas 
requiring corrective action.
    In the ETS, MSHA solicited comment on Sec.  50.2(h)(6). MSHA was 
concerned that some fires extinguished within 30 minutes, such as fires 
occurring in the same place, can signal a serious or potentially 
serious hazard. MSHA specifically asked whether the definition should 
be revised to cover all unplanned underground mine fires, or fires of 
particular types, duration, or locations.
    Some commenters supported retaining the existing definition. They 
said that the 30-minute cut-off is adequate and clear, and there is no 
compelling reason to change it. They said that fires extinguished in a 
shorter period of time include many fires that do not present any 
significant hazard. They said that reporting all fires would be 
burdensome and involve an unnecessary use of resources. A log was 
suggested to alleviate the reporting burden.
    Other commenters, however, said that the definition should be 
broadened to include all unplanned underground mine fires. These 
commenters pointed out that fires can be devastating to a mine and the 
miners. They said that it should not be left up to mine operators to 
decide how long it takes to extinguish a fire. They said that fires are 
seriously under-reported. They also said that if fires remain 
unreported, then the mine operator is less likely to eliminate the 
source of the problem. Another commenter urged MSHA to consider the 
issue of belt flammability stating that belt fires ``require escape in 
many instances.''
    The final rule retains the existing requirement for reporting fires 
for surface mines and surface areas of underground mines. Surface fires 
do not involve the hazard potential that underground fires present in a 
confined environment. For unplanned underground fires, the final rule 
expands the definition of accident to include all fires not 
extinguished within 10 minutes of discovery.
    We agree with a commenter who, basing the comment on experience in 
the Pittsburgh seam, said that 30 minutes is ``entirely too long,'' 
because a fire that's been burning for 30 minutes can be ``totally out 
of control.'' Similarly, belt fires that include open flame, smoldering 
coal, smoking belts, or hot glowing rollers, can be hard to control. 
MSHA experience and data include a number of belt fires, among them the 
Alma Aracoma fire on January 19, 2006, that could not be contained by 
the miners at the scene. MSHA expects that the increased reporting of 
unplanned underground fires, including belt fires, will help focus 
attention on problems that need to be identified and corrected before 
developing into an uncontrollable fire.
    The requirement to report all underground fires not extinguished 
within 10 minutes of discovery will address those fires requiring 
activation of the fire-fighting plan and evacuation of miners. Based on 
Agency experience and data, MSHA determined that 10 minutes is a 
reasonable time for attempting to extinguish a fire and to notify the 
surface. In an underground environment, if miners attempt to fight the 
fire for 30 minutes and are unsuccessful, the fire will probably become 
uncontrollable. The revised reporting requirement will result in 
earlier plan activation as miners will more quickly notify supervisors 
who can call in firefighting crews while the other miners get out of 
harm's way. The final rule's requirement to report fires not 
extinguished within 10 minutes targets fires that can jeopardize safety 
while excluding minor, nuisance events.
2. Section 50.10 Immediate Notification
    The final rule retains the requirement in the ETS that mine 
operators notify MSHA immediately of all reportable accidents. 
Immediate notification is defined as ``at once without delay and within 
15 minutes.'' It is significant to note, however, that the higher 
penalties, for failing to ``provide timely notification'' to MSHA, 
apply only to those accidents that are specified in Section 5(a) of the 
MINER Act. These are accidents that involve ``the death of an 
individual at the mine, or an injury or entrapment of an individual at 
the mine which has a reasonable potential to cause death.'' The final 
rule, like the MINER Act, does not include any exceptions to the 15-
minute notification provision.
    a. Notifying MSHA within 15 Minutes. Before the ETS, the standard 
required operators to contact MSHA ``immediately'' if an accident 
occurred. The ETS required that all accidents be reported at once 
without delay and within 15 minutes, with an exception for lost 
communications. While many commenters said they supported the goal of 
notification, they opposed the 15-minute requirement. Commenters said 
that 15 minutes passes too fast, is too short, and does not allow for 
the gathering of sufficient information. Instead of 15 minutes, 
commenters suggested 30 minutes and an hour or more as alternatives.
    Other commenters suggested that MSHA eliminate any specified time 
requirement and revert back to the general pre-ETS ``immediately 
contact'' standard. They said it was flexible, acknowledged those 
situations where operators ``did the best they could,'' and allowed for 
``wiggle room.'' Commenters noted that about 90 percent of the 
accidents reported to MSHA in 2005 were ``unplanned roof falls at or 
above the anchorage point, and damage to hoisting equipment,'' and did 
not involve an injury to a miner. These commenters stated that the 15-
minute requirement should not apply in those non-emergency cases, and 
that MSHA could be overwhelmed with reporting and false alarms. Other 
commenters stated that the 15-minute requirement should not apply in 
situations in which the operator had to perform rescue or life-saving 
actions.
    Other commenters supported the 15-minute requirement for all 
accidents. They said that MSHA can best decide what to do with the 
information it gets. They said the problem is one of under-reporting 
accidents, not over-reporting. These commenters said that delays in

[[Page 71435]]

reporting accidents, like the delay in reporting the Sago accident, are 
unacceptable. The commenters also said that requiring notification 
within 15 minutes actually aids operators by removing uncertainty 
concerning when to notify MSHA.
    As mentioned above, the MINER Act was signed into law on June 15, 
2006. Several comments suggested retaining the 15-minute requirement 
for only the accidents specified in the MINER Act. In addition, 
commenters suggested limiting that requirement to underground coal 
mines or including a life saving exception. Other comments, however, 
supported the 15-minute reporting requirement in the ETS. One commenter 
said that the sooner individuals with expertise arrive at the scene 
``the better the chances for a successful outcome.''
    MSHA's experience with implementation of the ETS indicates that the 
15-minute requirement for reporting all accidents is working. The 
operator's reporting of the Darby explosion serves as an example of how 
timely reporting can result in effective mobilization of emergency 
response resources. Operators of varying mine sizes and types have been 
able to meet the 15-minute requirement under the ETS. Some operators 
may have had to alter their response procedures to ensure quicker 
notification.
    Timely reporting can be crucial in emergency, life-threatening 
situations to activate effective emergency response and rescue. Not 
only can this be vital to the saving of lives, but it can be 
instrumental to having expert Agency personnel at the scene with 
authority to assure that the accident site remains undisturbed and 
preserved for investigation into causes. For remote operations, it 
enables MSHA to quickly communicate with local rescue and emergency 
services. While many reported accidents do not involve an injury or are 
non-emergencies, they may be near misses or signify a trend or problem 
that left uncorrected can be extremely hazardous. Fires, explosions, 
and gas and water inundations are of special concern.
    In making the decision to retain the notification requirement in 
the ETS, MSHA considered the dynamic nature of the mining industry. The 
mining environment is ever-changing; there is always the threat of new 
hazards or dangers. The reporting of roof falls, unplanned explosions, 
haulage accidents, or unstable conditions at impoundments, for example, 
may necessitate critical, pro-active corrective actions and the need 
for emergency response assistance. The demand for many mining 
commodities is accelerating. Production growth can push mining into 
depths with more structural instability. As the chance for encountering 
older underground works and strata increases, so does the potential for 
gas and water inundation.
    Based on MSHA's experience under the ETS, ``within 15 minutes'' 
provides adequate time for operators to notify MSHA with sufficient 
information. For example, the mine operator often knows the general 
character of an event, such as an explosion or inundation, and can 
report it under the 15-minute requirement before knowing whether a 
person has been injured or killed or whether the event is life 
threatening. MSHA's experience and data reveal that reportable 
accidents are not common. The 15-minute requirement poses no 
significant increased burden on the mining industry while providing 
improved protection for miners.
    A number of commenters stated that having to notify MSHA within 15 
minutes could interfere with the operator's rescue efforts and calling 
911. They said that operators should not be expected to divert from 
life saving and emergency activities to phone MSHA. This can arise 
particularly with small operators who may need to engage any and all 
available personnel to respond to an emergency. They said there should 
be an exception for those life saving and emergency activities in 
addition to the exception for loss of communications.
    Other commenters, however, disputed the need for any exception. One 
commenter pointed out that loss of communications in a mine is an 
indicator of a problem, and the mine operator ``must be required to 
contact MSHA with the information available to him within the mandatory 
time frame.'' Some commenters objected to saying that the 15-minute 
notification requirement could interfere with rescue or life saving. 
They said operators can anticipate problems in their emergency plans. 
Moreover, the commenters said that operators can use cell phones, 
blackberries, or other communication devices, which they readily use to 
make other calls in emergency situations. One commenter stated that 
``[A]ny operator who cannot initiate onsite emergency efforts and call 
the regulatory agency should not be in the mining business.''
    The final rule, like the MINER Act, does not include any exceptions 
to the 15-minute notification provision, including one for loss of 
communications. As noted above, some commenters sought an exception for 
life saving, or for directing rescue efforts. If a situation were to 
arise involving extenuating circumstances, such as an operator having 
to choose between saving someone's life and notifying MSHA, enforcement 
discretion would take those circumstances into account. MSHA does not 
expect that an operator who has to make a decision between rendering 
life-saving assistance and calling MSHA would be penalized for 
providing that assistance.
    Pointing out that the ETS addressed events in underground coal 
mines, a few commenters said that the 15-minute notification provision 
should apply only to underground coal or other underground mines. Other 
commenters said that MSHA activation of a response team does not 
usually occur for accidents at surface operations. Consistent with the 
MINER Act, the final rule does not limit the notification provision to 
underground mines. Accidents and deaths occur at all types of mines. 
Surface mines, for example, over the years have suffered numerous 
fires; serious haulage, equipment, and explosives accidents; 
electrocutions; highwall failures; explosions; and impoundment 
failures. Prompt notification focuses MSHA, operators, and miners on 
problem areas. Even where MSHA does not activate an emergency response, 
the Agency conducts an investigation. Prompt notification enables MSHA 
to secure an accident site, preserving vital evidence that can 
otherwise be easily lost. In addition, prompt notification provides 
MSHA with data to accurately determine trends and means of prevention.
    There also was comment on what triggers the 15-minute period. Some 
commenters said that the MINER Act should be followed literally with 
one commenter stating that the 15-minute period should commence once 
the operator ``realizes'' an accident has occurred. While the MINER Act 
uses ``realizes,'' that commenter conceded that there is ``some 
ambiguity'' in the term.
    Consistent with current case law and interpretation of the 
notification provision, the final rule alternatively uses the 
clarifying terms ``once the mine operator knows or should know,'' based 
on the judgment of a reasonable person. MSHA acknowledges that the 
operator needs time to determine whether an accident has occurred in 
the first place. As stated in the preamble to the ETS, the Federal Mine 
Safety and Health Review Commission (FMSHRC) interpreted the 
notification standard to allow reasonable time for the operator to make 
that determination. MSHA recognizes that an operator may not know 
instantly when an accident occurs, but emphasizes that the operator

[[Page 71436]]

must make that determination promptly, consistent with the underlying 
purpose of the standard. Thus, an operator, like any reasonable person 
under the circumstances, is held to know or realize that an accident 
has occurred.
    The final rule retains the ETS terms ``at once and without delay,'' 
which highlight that reporting must be done promptly. Though a 
commenter said that these terms are synonyms and should be deleted, the 
terms are dictionary references used by the Commission in defining and 
emphasizing what is intended by ``immediately.'' [See Consolidation 
Coal, 11 FMSHRC 1935 at 1938 (October 31, 1989).] ``Immediately'' is to 
be understood ``in light of the [notification] regulation's command of 
prompt, vigorous action.''
    b. Method of Notification. Many commenters stated that the method 
of contacting MSHA needed to be improved and streamlined. In the ETS 
and prior standard, operators were directed to first contact the 
appropriate MSHA District Office and, failing that, to use a 1-800 
number to an MSHA headquarters answering service. Commenters said that 
this system was often inefficient and time consuming, taking a number 
of phone calls to accomplish notification. Many commenters advocated a 
nationwide call center, staffed by knowledgeable persons, where the 
mine operator could place one call to take care of notification. Other 
suggestions included a District system of emergency phone numbers with 
staff coverage 24 hours a day, 7 days per week, or a one-call system to 
voice mail.
    MSHA agrees that the system for contacting the Agency needed to be 
improved. MSHA has acquired a nationwide call system; thus, the final 
rule eliminates the requirement that mine operators first notify the 
appropriate District Office. MSHA has set up an improved system that 
provides a person to answer calls 24 hours per day, 7 days per week. 
The final rule lists the toll-free number, which is the same number 
mine operators currently use for notification purposes. Once the mine 
operator calls the toll-free service, notification is achieved.

C. Part 75--Mandatory Safety Standards--Underground Coal Mines

    This final rule does not address Sec. Sec.  75.350(b)(7), 
75.380(n), and 75.383(c), which were deleted in the ETS. The final rule 
also makes organizational changes and adds paragraph headings and 
numbers to make specific requirements easier to find and understand, to 
clarify existing provisions, and to accommodate new and transferred 
provisions. These non-substantive revisions do not reduce protection 
for miners.
1. Sections 75.380 and 75.381 Lifelines in Escapeways
    The final rule retains ETS requirements Sec. Sec.  75.380(d)(7) and 
75.381(c)(5) that provide for the use of directional lifelines in both 
the primary and alternate escapeways for underground bituminous, 
lignite, and anthracite coal mines. The final rule requires that a 
continuous, directional lifeline be installed and maintained in each 
escapeway. The lifeline must: be marked with a reflective material 
every 25 feet; be located in a manner that allows miners to use it 
effectively to escape; have tactile directional indicators signifying 
the direction of escape placed at intervals not exceeding 100 feet; and 
be attached to and mark the location of stored SCSRs. The final rule 
also adds a requirement that lifelines be made of flame-resistant 
material upon replacement, and that all lifelines be flame-resistant no 
later than June 15, 2009, to conform with Section 2 of the MINER Act.
    A directional lifeline is generally a rope made of durable 
material, although the final rule, like the ETS allows an equivalent 
device, such as a pipe or handrail. Some commenters stated that a track 
or belt structure could be considered an equivalent device. MSHA has 
clarified in this final rule that a lifeline must provide tactile 
feedback to indicate the direction of escape. In an emergency, 
visibility may be limited and render devices, such as a track or belt 
structure, ineffective as a means of indicating direction. MSHA is 
concerned that the mine operator will be unable to attach tactile 
directional indicators, which are resistant to physical damage, to a 
track or belt structure. Because tactile directional indicators on a 
track or belt structure are likely to be damaged during normal mining 
activities, MSHA does not believe that a track or belt structure would 
provide safety equivalent to a lifeline and considers them to be 
unreliable and impractical. In addition, MSHA is concerned that a 
conveyor belt structure used as a lifeline presents a significant 
potential hazard to escaping miners, unless the belts are both de-
energized and locked-out. Further, a track used as a lifeline would 
require escaping miners to crawl to use the tactile indicators on the 
track.
    a. Continuous Lifeline. The final rule, Sec. Sec.  75.380(d)(7)(i) 
and 75.381(c)(5)(i), requires that durable, continuous lifelines be 
installed and maintained in both escapeways leading from the working 
sections or areas where mechanized mining equipment is being installed 
or removed. The lifelines must be continuous throughout the entire 
length of each escapeway to the surface escape drift opening, to the 
escape shaft or slope facilities to the surface, or to the surface, as 
applicable.
    Most commenters supported the installation of lifelines in 
escapeways. Other commenters expressed concerns that the installation 
of a lifeline in escapeways where mechanized mining equipment regularly 
travels could result not only in damage to the lifeline, but a damaged 
lifeline could become a potential hazard to personnel. MSHA agrees that 
care needs to be taken when lifelines are installed in escapeways that 
are also used as travelways for mechanized mining equipment. 
Installation techniques are available that will permit lifelines to be 
protected from damage from mobile equipment while still being readily 
available to miners during emergencies. These provisions remain 
unchanged from the ETS.
    b. Flame-Resistant and Reflective. The final rule, Sec. Sec.  
75.380(d)(7)(ii) and 75.381(c)(5)(ii), adds new requirements that 
lifelines be flame-resistant upon replacement of existing lifelines; 
but in no case later than June 15, 2009. This requirement was added to 
respond to comments and to conform the final rule with Section 2 of the 
MINER Act.
    Many commenters stated that lifelines should be made of flame-
resistant material and some suggested that MSHA require lifelines to be 
flame-resistant. MSHA agrees that flame-resistant lifelines provide an 
added degree of protection for miners and the final rule requires that 
lifelines be ``Flame-resistant in accordance with the requirements of 
part 18 of this chapter upon replacement of existing lifelines; but in 
no case later than June 15, 2009.'' The flame-resistant requirements 
contained in part 18 are currently applied to other materials used in 
mining, such as conveyor belt, hose conduit, and packing gland 
materials. MSHA has determined that the Agency's requirements for 
flame-resistant materials are also appropriate for lifelines used in 
underground coal mines. MSHA anticipates that lifeline manufacturers 
will be able to meet the flame-resistant requirement under part 18 and 
will submit products for approval prior to the time specified in the 
final rule.
    The final rule, Sec. Sec.  75.380(d)(7)(iii) and 75.381(c)(5)(iii), 
requires that lifelines be marked with a reflective material every 25 
feet, so that miners can locate

[[Page 71437]]

the lifeline using their cap lamps in low-visibility conditions, such 
as when smoke is present. No comments were received on these provisions 
and they remain unchanged from the ETS.
    c. Lifeline Accessibility. The final rule, Sec. Sec.  
75.380(d)(7)(iv) and 75.381(c)(5)(iv), requires that lifelines be 
positioned so that miners can use them effectively to escape. Proper 
positioning of the lifeline regarding height, accessibility, and 
location as determined by mining conditions improves the ability of 
miners to effectively use lifelines to escape during emergency 
situations. No comments were received on this provision and it remains 
unchanged from the ETS.
    d. Tactile Indicators. The final rule, Sec. Sec.  75.380(d)(7)(v) 
and 75.381(c)(5)(v), requires that lifelines contain tactile indicators 
signifying the direction and route of escape, placed at intervals not 
to exceed 100 feet. In the public hearings, MSHA asked whether 
``direction indicators on lifelines [should] be standardized.'' MSHA 
also asked whether ``the point end of the cone [should] be toward the 
face?'' Most commenters supported standardization of directional 
indicators. This provision in the final rule is changed from the ETS to 
include a new requirement that ``[w]hen cones are used as directional 
indicators, they shall be installed so that the tapered section points 
inby.'' This new requirement is consistent with NIOSH's recommendation 
\2\ and supported by commenters.
---------------------------------------------------------------------------

    \2\ NIOSH, IC 9481, p. 9, 2005.
---------------------------------------------------------------------------

    The final rule, Sec. Sec.  75.380(d)(7)(vi) and 75.381(c)(5)(vi), 
requires that lifelines be ``securely attached to and marked to provide 
tactile feedback indicating the location of any SCSR storage locations 
in the escapeways.'' When visibility is restricted during an emergency, 
tactile feedback is necessary to guide miners to exit the mine and 
would also be necessary to locate additional SCSR storage along the 
escapeway. For this reason, the final rule clarifies that the indicator 
on the lifeline for locating additional SCSRs be tactile.
2. Section 75.383 Escapeway Maps and Drills
    This final rule transfers existing requirements from Sec.  
75.383(a) to a new Sec.  75.1505 and combines Sec.  75.383(b) and ETS 
Sec.  75.1502(c) into a new, improved and expanded Sec.  75.1504. 
Therefore, Sec.  75.383 is no longer necessary and the final rule 
removes it.
    Section 75.383(b)(1) required all miners to participate in a 
practice drill every 90 days; but, the miners only had to travel a 
portion of the escapeways. On the other hand, the drills in Sec.  
75.383(b)(2) and (3) required a supervisor and two miners to travel the 
entire escapeway every 6 weeks. In addition, Sec.  75.383(b)(2) and (3) 
required the operator to rotate miners for these 6-week drills, so that 
all miners participated, and to alternate escapeways, so that the 
escapeways from all sections were traveled to the surface or to the 
exits at the bottom of the shaft or slope. MSHA has determined that 
requiring all miners to travel an entire escapeway each quarter 
provides increased safety for miners and eliminates the need for the 6-
week drill requirement.
    In the opening statement at the public hearings, MSHA stated the 
Agency's intent to incorporate the drill requirements in Sec.  75.383 
with the emergency evacuation drill requirements in ETS Sec.  
75.1502(c) and solicited comments on this approach to emergency 
evacuation drills. Commenters generally supported the elimination of 
the Sec.  75.383 escapeway drills. In response, the final rule 
incorporates requirements from Sec.  75.383(b) into Sec.  75.1504 and 
expands these requirements. These expanded requirements make escapeway 
drills more realistic and, therefore, more effective.
3. Section 75.1502 Mine Emergency Evacuation and Firefighting Program 
of Instruction
    Final rule Sec.  75.1502 contains the requirements for a written 
plan for conducting the training and drills required under Sec. Sec.  
75.1503, 75.1504, and 75.1505. In general, the training plan provisions 
in ETS Sec.  75.1502(a) become Sec.  75.1502; the firefighting 
provisions in Sec.  75.1502(b) become Sec.  75.1503; the evacuation 
training and drill requirements in ETS Sec.  75.1502(c) become Sec.  
75.1504; and the mine and escapeway map requirements in Sec.  75.383(a) 
become Sec.  75.1505. Almost all of the requirements in Sec.  75.1502 
are derived from existing requirements. The final rule conforms the 
program of instruction in Sec.  75.1502 with the requirements added to 
the quarterly training and drills and annual expectations training in 
Sec.  75.1504.
    Commenters were concerned that the ETS had not included miners or 
miners' representatives in the process for developing emergency mine 
evacuation training and drills. MSHA anticipates that mine operators 
will work with miners in developing the program of instruction and 
implementing the mine emergency evacuation training and drills.
    a. Introduction to Sec.  75.1502. The final rule retains 
introductory language from ETS Sec.  75.1502(a); adjusts the frequency 
of training and drills from every 90 days to quarterly; defines the 
quarter based on a calendar year; and includes new implementing 
language. This new implementing language requires that operators submit 
a revised program of instruction to MSHA for approval by February 6, 
2007, and initiate the revised training within 30 days of plan 
approval.
    In the final rule, MSHA adjusts the frequency of training and 
drills from every 90 days to quarterly in response to comments and to 
provide flexibility. MSHA recognizes that some training is more 
appropriately given in a classroom or a simulated mining environment. 
Added flexibility in scheduling will allow operators time to give all 
miners this critical training and drills quarterly. An operator may 
find it more convenient to schedule training and drills over several 
days or weeks depending on the availability of instructors, training 
equipment, or facilities.
    Under the final rule, operators will have the flexibility to 
conduct quarterly mine emergency evacuation training and drills, either 
the first, second, or third month of the quarter. The month in which a 
miner completes mine emergency evacuation training and drills, in 
effect, becomes that miner's ``anniversary'' month for this quarterly 
training. For example, a miner receiving quarterly mine emergency 
training and drills in January, the first month of the first quarter, 
is required to complete the second quarterly training no later than the 
end of April, the first month of the second quarter. If a miner 
completes the training before that miner's anniversary month, then the 
month the training and drills were completed establishes a new 
anniversary month for subsequent training and drills. This is 
consistent with MSHA policy for part 48 annual refresher training.
    Commenters suggested that the requirement for emergency evacuation 
drills be changed from every 90 days to quarterly. One commenter 
suggested that training during a specific month each quarter would 
allow for more effective scheduling of people and resources. Another 
commenter stated that switching to quarterly training would make it 
easier to schedule training in a timely manner if the miner misses a 
drill. This commenter stated that, if a miner is off, more flexibility 
allows the operator time to schedule makeup training and still be in 
compliance.

[[Page 71438]]

    The final rule's change in mine emergency evacuation training and 
drills from every 90 days to quarterly increases flexibility, makes 
recordkeeping easier, and better ensures that all miners participate 
quarterly.
    b. Section 75.1502(a) and (b): Program Approval and New or Revised 
Provisions. The final rule Sec. Sec.  75.1502(a) and (b) retain the 
requirements in ETS Sec.  75.1502(a)(3). Like the ETS, the final rule 
requires the operator to submit a program of instruction, and any 
revisions, for approval to the District Manager of the Coal Mine Safety 
and Health district in which the mine is located. Before implementing 
any new or revised approved plan provision, the operator must instruct 
miners in the changes.
    c. Section 75.1502(c): Instruction Plan Contents. The final rule 
has consolidated the requirements for mine emergency evacuation 
training and drills from 30 CFR 48.8 and part 75 in the instruction 
plan under final Sec.  75.1502. Contents of the instruction plan 
include: Mine and escapeway maps; evacuation and firefighting plans; 
locations of abandoned areas, escapeways, exits, and routes of travel 
to the surface; and the location and use of firefighting and fire 
suppression equipment and materials. Although MSHA considers 
consolidation of these requirements to be an administrative change, it 
improves an operator's ability to provide more comprehensive and 
effective evacuation training and drills.
    The final rule retains the existing requirements from ETS Sec.  
75.1502(a)(1); includes evacuation-related training requirements from 
Sec.  48.8; enhances the scenario training; and requires annual 
expectations training. Like the ETS, the final rule requires operators 
to develop scenarios for mine emergencies, including fires, explosions, 
and gas or water inundations, and to develop best options for 
evacuation under each type of emergency. Under the final rule, 
scenarios must include conditions in the mine or circumstances that 
require immediate donning of self-rescue devices. In response to 
questions, the final rule clarifies that scenarios must also include a 
discussion of options and a decision as to the best option in each 
situation.
    To ensure that the scenarios address the various conditions that 
miners may encounter in the event of an emergency, the final rule, 
Sec.  75.1502(c)(2)(ii), includes more examples. It clarifies that the 
scenarios must include, as applicable, instruction in locating and 
using continuous directional lifelines, tethers, and doors; traversing 
undercasts or overcasts; and switching escapeways. MSHA includes this 
requirement to emphasize the importance of using scenarios to conduct 
mine emergency evacuation drills so that miners will be familiarized 
with emergency equipment, including conditions that may be encountered 
in escaping the mine.
    The final rule retains and combines the requirements of ETS Sec.  
75.1502(a)(1)(v) and (vi) in Sec.  75.1502(c)(3). This provision 
requires training on the operation of fire suppression equipment and 
the location and use of firefighting equipment and materials. These 
requirements are unchanged from the ETS.
    ETS Sec.  75.1502(a)(1)(vii) required training on the location of 
escapeways, exits, and routes of travel to the surface, including the 
location [and use] of continuous directional lifelines or equivalent 
devices. The final rule retains this requirement in Sec.  75.1502(c)(4) 
and transfers training on the use of lifelines to evacuation scenarios 
in Sec.  75.1502(c)(2)(ii).
    ETS Sec.  75.1502(a)(1)(viii) required that the instruction plan 
include training on the locations, quantity, types, and use of stored 
SCSRs, if applicable. The final rule retains this requirement in Sec.  
75.1502(c)(5). This provision will help assure that miners receive 
appropriate donning and transfer training on all applicable SCSRs.
    Annual refresher training in Sec.  48.8(b)(4) requires a review of 
the mine map; the escapeway system; the escape, firefighting, and 
emergency evacuation plans in effect at the mine; and the location of 
abandoned areas. The final rule transfers this training requirement to 
Sec.  75.1502(c)(6) for underground coal miners. Miners who receive 
this training as part of their quarterly drills under 30 CFR 
75.1504(b)(4) are not required to take it under part 48. The Agency 
transferred this provision so that emergency evacuation training and 
drills would be consolidated in part 75.
    Final rule Sec.  75.1502(c)(7) includes a new provision requiring 
operators to describe how miners will rece