Mine Rescue Teams, 51320-51338 [07-4317]
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Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules
DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 49 and 75
RIN 1219–AB53
Mine Rescue Teams
Mine Safety and Health
Administration (MSHA), Labor.
ACTION: Proposed rule; notice of public
hearings; close of comment period.
AGENCY:
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SUMMARY: The proposed rule would
revise MSHA’s existing standards for
mine rescue teams for underground coal
mines. It would strengthen training
requirements and address composition,
availability, and certification
requirements for coal mine rescue
teams. This proposed rule would
implement the provisions of the Mine
Improvement and New Emergency
Response Act of 2006 (MINER Act) to
improve overall mine rescue service;
improve mine emergency response time;
improve mine rescue team effectiveness;
and increase the quantity and quality of
mine rescue team training.
DATES: All comments must be sent on or
before November 9, 2007. MSHA will
hold four public hearings on October 23,
October 25, October 30, and November
1, 2007. Details about the public
hearings are in the ‘‘Supplementary
Information’’ section of this document.
ADDRESSES: Comments must be clearly
identified with ‘‘RIN 1219–AB53’’ and
may be sent to MSHA by any of the
following methods:
(1) Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
(2) Electronic mail: zzMSHAcomments@dol.gov. Include ‘‘RIN 1219–
AB53’’ in the subject line of the
message.
(3) Facsimile: 202–693–9441. Include
‘‘RIN 1219–AB53’’ in the subject line of
the message.
(4) Regular Mail: MSHA, Office of
Standards, Regulations, and Variances,
1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209–3939.
(5) Hand Delivery or Courier: MSHA,
Office of Standards, Regulations, and
Variances, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia. Stop at
the 21st floor to sign in at the
receptionist’s desk and wait for an
escort.
Information Collection Requirements:
Comments concerning the information
collection requirements of this proposed
rule must be clearly identified with
‘‘RIN 1219–AB53’’ and sent to both the
Office of Management and Budget
(OMB) and MSHA. Comments to OMB
may 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.
Docket: Comments can be accessed
electronically at https://www.msha.gov
under the Rules and Regs link. MSHA
will post all comments on the Internet
without change, including any personal
information provided. Comments may
also be reviewed at the Office of
Standards, Regulations, and Variances,
1100 Wilson Boulevard, Room 2350,
Arlington, Virginia. Stop at the 21st
floor to sign in at the receptionist’s desk
and wait for an escort.
Mailing List: MSHA maintains a list
that enables subscribers to receive email notification when rulemaking
documents are published in the Federal
Register. To subscribe, go to https://
www.msha.gov under the Mailing List
link.
FOR FURTHER INFORMATION CONTACT:
Patricia W. Silvey, Director, Office of
Standards, Regulations, and Variances,
MSHA, at silvey.patricia@dol.gov
(internet e-mail), 202–693–9440 (voice),
or 202–693–9441 (facsimile).
SUPPLEMENTARY INFORMATION:
Outline of the Preamble
This outline will assist the mining
community in finding information in
this preamble.
I. Introduction.
II. Statutory and Rulemaking Background.
III. Section-by-Section Analysis.
A. Technical Amendments to Existing
Standards.
B. Subpart B—Mine Rescue Teams for
Underground Coal Mines; Amendments
to Existing Requirements.
C. Subpart B—Mine Rescue Teams for
Underground Coal Mines; Additional
MINER Act Provisions.
IV. Regulatory Economic Analysis.
A. Executive Order 12866.
B. Population at Risk.
C. Costs.
D. Benefits.
V. Feasibility.
A. Technological Feasibility.
B. Economic Feasibility.
VI. Regulatory Flexibility Act and Small
Business Regulatory Enforcement
Fairness Act.
A. Definition of a Small Mine.
B. Factual Basis for Certification.
VII. Paperwork Reduction Act of 1995.
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. Introduction
The Mine Improvement and New
Emergency Response Act of 2006
became effective on June 15, 2006
(MINER Act). The goal of the MINER
Act is ‘‘to improve the safety of mines
and mining.’’ To accomplish this goal,
the MINER Act includes provisions to
improve mine emergency response time,
improve mine rescue team effectiveness,
and increase the quantity and quality of
mine rescue team training.
Section 4 of the MINER Act requires
MSHA to publish regulations on mine
rescue teams by December 2007.
Because the mine rescue team
provisions contained in section 4 of the
MINER Act apply only to underground
coal mines, this proposed rule would
affect those mines and the mine rescue
teams that cover them.
Public Hearings
MSHA will hold four public hearings
concerning the proposed rule. The
hearings will be held as follows:
Date
Location
Contact
October 23, 2007, 9 a.m. to 1 p.m. ..........
October 25, 2007, 9 a.m. to 1 p.m. ..........
October 30, 2007, 9 a.m. to 1 p.m. ..........
Little America Hotel, 500 South Main Street, Salt Lake City, UT 84101 ....................
Four Points by Sheraton Lexington, 1938 Stanton Way, Lexington, KY 40511 .........
Charleston Civic Center, West Virginia Room 105, 200 Civic Center Drive, Charleston, WV 25301.
Sheraton Birmingham Hotel, 2101 Richard Arrington Boulevard, North Birmingham,
AL 35203.
801–596–5700
859–259–1311
304–345–1500
November 1, 2007, 9 a.m. to 1 p.m. ........
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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
to the hearing panel. Requests to speak
at a hearing should be made at least 5
days prior to the hearing date. Requests
to speak may be made by telephone
(202–693–9440), facsimile (202–693–
9441), or mail (MSHA, Office of
Standards, Regulations, and Variances,
1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209–3939). Any
unallocated time at the end of each
hearing will be made available to
persons making same-day requests to
speak.
The presiding official may limit
presentations and exclude irrelevant or
unduly repetitious material and
questions to ensure the orderly progress
of the hearings. The hearing panelists
may ask questions of speakers. Speakers
and other attendees may present written
information to the MSHA panel for
inclusion in the rulemaking record.
MSHA will accept post-hearing written
comments and data for the record from
any interested party, including those not
presenting oral statements, until the
close of the comment period on
November 9, 2007.
The hearings will be conducted in an
informal manner. Formal rules of
evidence and cross examination will not
apply. MSHA will make transcripts of
the hearings, post them on MSHA’s Web
site https://www.msha.gov, and include
them in the rulemaking record.
II. Statutory and Rulemaking
Background
In accordance with section 115(e) of
the Federal Mine Safety and Health Act
of 1977 (Mine Act), MSHA issued
standards in 30 CFR part 49 for mine
rescue teams in underground coal and
metal and nonmetal mines (45 FR
47002, July 11, 1980). Part 49 contains
requirements addressing the three
essential elements of effective mine
rescue teams: (1) Ready availability; (2)
proper equipment; and (3) basic levels
of skills and training.
After several underground coal mine
disasters in 2006, Congress passed and
the President signed the MINER Act.
Section 4 of the MINER Act requires
that the Secretary issue regulations for
mine rescue teams by December 2007.
The MINER Act also requires that any
new standards not waive training
requirements for existing teams.
III. Section-by-Section Analysis
The MINER Act requires underground
coal mine operators to use mine rescue
teams that meet specific requirements
for certification, composition,
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availability, and training. As specified
by the MINER Act, MSHA is proposing
additional standards for mine rescue
teams for underground coal mines.
A. Technical Amendments to Existing
Standards
This proposed rule would make no
substantive change to requirements for
mine rescue teams at underground
metal and nonmetal mines. MSHA is
proposing the following non-substantive
organizational changes to the existing
standards.
• For clarity, MSHA proposes to add
a heading designating the existing
standards as Subpart—A—Mine Rescue
Teams for Underground Metal and
Nonmetal Mines. This proposed rule
would make no changes to §§ —49.1
through 49.9.
• MSHA proposes to delete § 49.10
Effective date. The effective date
language is obsolete.
B. Subpart B—Mine Rescue Teams for
Underground Coal Mines; Amendments
to Existing Requirements
MSHA is proposing a new subpart B
that would contain all the standards
applicable to mine rescue teams for
underground coal mines. Subpart B
would contain the existing requirements
renumbered as §§ 49.11 through 49.19,
with modifications to achieve the goals
of the MINER Act and to address the
unique conditions present in anthracite
coal mines. The proposal reserves
§ 49.14 because it is not applicable to
underground coal mines.
In addition, to address the new
MINER Act provisions, subpart B
contains the following five new
standards:
§ 49.20 Requirements for all coal mines.
§ 49.30 Requirements for small coal
mines.
§ 49.40 Requirements for large coal
mines.
§ 49.50 Certification of coal mine rescue
teams.
§ 49.60 Requirements for local mine
rescue contests.
1. New Subpart B and the
Reorganization of Part 49
MSHA requests comments on the
proposed re-organizational change to 30
CFR part 49. MSHA specifically solicits
comments on the approach taken in this
proposal, that is, retaining all existing
standards as a separate subpart A
applicable to underground metal and
nonmetal mines and creating a new
separate subpart B containing existing
standards and proposed new MINER
Act provisions for underground coal
mines. The Agency also is considering
an alternative that would retain the
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existing standards in subpart A,
applicable to all underground mines,
and add a new subpart B, applicable
only to underground coal mines, to
address MINER Act requirements.
MSHA also is requesting comments
on whether this proposed rule will
result in different approaches to
providing mine rescue services and, if
so, what those approaches would be.
The Agency believes that the new
requirements in the MINER Act might
result in providers of mine rescue
services seeking alternative methods of
providing these services. This issue will
be discussed in more detail later in the
preamble.
2. Section 49.11
Purpose and Scope
MSHA proposes to add the phrase,
‘‘as amended by the Mine Improvement
and New Emergency Response Act of
2006,’’ to update § 49.11 Purpose and
scope. This change is a technical
amendment. The proposed rule also
would number the existing paragraph
(a) and add a new paragraph (b).
Paragraph (b) would contain a table to
provide mine operators a quick visual
summary of their new compliance
obligations under the MINER Act. As
noted in the table (Table 49.11):
Team members of State-sponsored teams
who are full-time State employees whose
primary job duties include (1) inspecting
underground mines for compliance with
State safety laws or (2) training mine rescue
teams or (3) conducting mine safety training
or (4) other similar duties that would
enhance their mine rescue knowledge may
substitute their regular job experience for 50
percent of the training requirements (annual
training which includes mine rescue contests
and mine-site training) for non-State
employee mine rescue team members.
MSHA requests comments on this
provision, particularly on allowing
experience to substitute for 50 percent
of the training requirements.
3. Section 49.12(b) Alternative
Composition Requirements for Mine
Rescue Teams for Anthracite Coal Mines
Existing § 49.2(b) requires mine
rescue teams to have five members and
one alternate. MSHA is proposing this
requirement for underground coal mines
as § 49.12(b) and would add a provision
specifically to address underground
anthracite coal mines that have no
electrical equipment at the face or
working section.
Because mining methods and
conditions in underground anthracite
coal mines are unique, anthracite mine
operators have been granted petitions
for modification under section 101(c) of
the Mine Act allowing mine rescue
teams covering these mines to be
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comprised of three members each and
one alternate team member to serve both
teams. In support of these petitions,
anthracite mine operators cited the
following:
• Most anthracite mines are not
highly mechanized. Production and
maintenance work is done largely by
hand, using simple hand tools and
equipment. Anthracite mines may have
no underground electric power or may
have power only at the bottom of the
hoist slope.
• Typically, extraction occurs in a
single face or production area. Many
anthracite mines are developed only
short distances underground, rarely
more than several thousand feet.
• Anthracite seams dip steeply and
are often near vertical. Openings are
narrow and constricted. Access between
levels is by means of hardwood ladders
through small, steeply pitched
openings.
• The hoist bucket, used to transport
personnel, typically can accommodate
no more than four persons.
• Rock dusting is not required
because of the extremely low
combustibility of anthracite coal, caused
by its low volatile content.
• The average underground anthracite
mine employs four miners.
• In the past 20 years, no more than
one mine rescue team has been needed
in the anthracite region for rescue and
recovery activities. Further, no more
than three rescue team members have
entered a working place at the same
time during such activities.
In accordance with section 101(c) of
the Mine Act, MSHA investigated each
petition of § 49.2(b) from these small,
underground anthracite coal mines and
made the following finding:
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Considering this confirmation and the
narrow width and constricted openings, the
limited capacity of hoist conveyances, the
pitched seam, the short travel distance from
the slope bottom to the working face, and the
low combustibility of anthracite coal,
petitioner’s alternative method of two mine
rescue teams with three members each is as
safe as maintaining two teams of five
members. As such, it achieves the result of
the standard to ensure the availability of
mine rescue capability for purposes of
emergency rescue and recovery.
On the basis of the petitions and the
findings of its investigations, MSHA
granted 22 petitions for modification of
§ 49.2(b) that allow anthracite coal
mines to operate under the approved
alternate method. Currently, 10
underground anthracite coal mines
operate under this approved alternative
method.
The proposed rule would allow
anthracite coal mines, which have no
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electrical equipment at the face or
working section, to have two mine
rescue teams consisting of at least three
members per team and one alternate
shared between both teams. This
proposed provision is consistent with
the action taken in existing petitions for
modification.
4. Section 49.12(c) Alternative
Experience Requirement for Members of
Contract Mine Rescue Teams
Existing § 49.2(c) requires mine rescue
team members to have been employed
in an underground mine for at least 1
year within the past 5 years. MSHA is
proposing this requirement for
underground coal mines as § 49.12(c)
and would add a provision specifically
to implement the requirement in the
MINER Act for members of contract
mine rescue teams. The MINER Act
requires that members of contract mine
rescue teams have ‘‘a minimum of 3
years underground coal mine
experience that shall have occurred
within the 10-year period preceding
their employment on the contract mine
rescue team.’’
The proposed rule would retain the
existing provision that, for the purpose
of mine rescue work only, miners who
are employed on the surface but work
regularly underground can use that time
to meet the experience requirement.
MSHA also would waive the
underground experience requirement
for those miners on a mine rescue team
on the effective date of the rule.
5. Section 49.12(f) Available Within 1
Hour Ground Travel Time From the
Mine Rescue Station
Existing § 49.2(f) requires that no
mine served by a mine rescue team shall
be located more than 2 hours ground
travel time from the mine rescue station
with which the rescue team is
associated. MSHA is proposing this
requirement for underground coal mines
as § 49.12(f). Proposed § 49.12(f) revises
existing § 49.2(f) to include the MINER
Act requirement that the mine rescue
team be available at the underground
coal mine within 1 hour ground travel
time from the mine rescue station. This
change from 2 hours to 1 hour ground
travel time between the mine and its
mine rescue station is intended to
ensure that a team will arrive at the
mine more quickly in case of a mine
emergency.
MSHA projects that the availability of
a team within 1 hour ground travel time
from the station to the covered mine
would result in the establishment of 28
additional mine rescue stations. This
estimate is based on the general
locations of mines and mine rescue
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stations, without consideration of road
or traffic conditions, and the experience
and expertise of MSHA’s technical staff
in the Office of Coal Mine Safety and
Health. The Agency solicits comment on
whether some existing stations may
need to be moved to meet this
requirement. MSHA also solicits
comment on whether mine operators
will encounter any difficulties in
meeting the requirements of the
proposal. MSHA specifically requests
information, from members of the
mining community affected by this
provision, on the number of additional
mine rescue teams and stations that
would be needed to comply with this
new requirement. MSHA is particularly
interested in: (1) How compliance
would be achieved; (2) location of new
rescue stations; (3) make-up and
composition of new teams; and (4) any
other information that might be useful.
MSHA is also interested in feasibility
information, including economic
feasibility. The Agency requests that
commenters include specific
information, such as cost or technical
capability, in support of their positions.
6. Section 49.13 Alternative Mine
Rescue Capability for Small and Remote
Mines
Existing § 49.3 provides alternative
capability for small and remote mines
and is proposed as § 49.13 for
underground coal mines. Proposed
paragraphs (a) and (c)(3) would be
revised to be consistent with the 1-hour
requirement of the MINER Act. These
provisions would require 1 hour ground
travel time from the mine rescue station
to the covered mine and that the
operator’s application include the total
underground employment of any mines
within 1 hour of the operator’s mine.
Proposed paragraph (c)(2) would be
revised to require that the operator
include the location of the mine rescue
station serving the mine.
7. Section 49.14 [Reserved]
Existing § 49.4 provides alternative
mine rescue capability for special
mining conditions. The proposed rule
would not include this provision in
subpart B because it is not applicable to
underground coal mines.
8. Section 49.15(a) Mine Rescue
Station
Existing § 49.5(a) requires operators of
underground coal mines to designate, in
advance, the location of the mine rescue
station serving the mine, except where
alternative compliance is permitted.
Proposed § 49.15(a) would require
every operator of an underground mine
to designate, in advance, the location of
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the mine rescue station serving the
mine. The proposal would delete the
exception related to alternative
compliance. This proposed provision is
consistent with the goals of the MINER
Act.
9. Section 49.16(a) Alternative
Equipment Requirement for Anthracite
Mines
Existing § 49.6(a) requires mine rescue
stations to have specific amounts of
equipment that are appropriate for two
mine rescue teams composed of five
members and one alternate. MSHA is
proposing this requirement for
underground coal mines as § 49.16(a)
and adding a provision specifically to
address underground anthracite coal
mines that have no electrical equipment
at the face or working section.
Because MSHA allows mine rescue
teams for underground anthracite coal
mines, which have no electrical
equipment at the face or working
section, to have three members for each
team and one alternate to serve both
teams, anthracite mine operators have
submitted petitions for modification
under section 101(c) of the Mine Act to
MSHA to allow the mine rescue station
to maintain eight self-contained oxygen
breathing apparatus and eight cap lamps
and a charging station, rather than
twelve of each as required by the
existing standard.
In accordance with section 101(c) of
the Mine Act, MSHA investigated each
petition and made the following finding:
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MSHA’s investigation found that reducing
the quantity of equipment required to be
purchased and maintained at the anthracite
mine rescue station to a quantity consistent
with the requirements of granted
modifications currently in effect, which
allow anthracite mines to be covered by two
mine rescue teams of three members each
and an alternate, will provide the same
measure of protection to the miners.
On the basis of these petitions and the
findings of its investigation, MSHA
granted 17 petitions for modification of
§ 49.6(a)(1) and (5) that allow each mine
rescue station for anthracite coal mines
to have eight self-contained oxygen
breathing apparatus, eight cap lamps,
and a charging rack, as the approved
alternative method. Currently, 10
underground anthracite coal mines
operate under this approved alternative
method.
Proposed § 49.16(a) would require
that mine rescue stations covering
anthracite coal mines that have no
electrical equipment at the face or
working section have at least the
amount of equipment appropriate for
the number of mine rescue team
members, consistent with the action
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taken in existing petitions for
modification. For three-person teams
and one alternate, this would mean
seven self-contained oxygen breathing
apparatus and seven cap lamps;
equipment required per team rather
than per team member, such as gas
detectors, may not be reduced.
10. Section 49.18(b)
Rescue Teams
Training for Mine
Under the existing standard, after
completion of the initial training, all
team members must ‘‘receive at least 40
hours of refresher training annually.
This training shall be given at least 4
hours each month, or for a period of 8
hours every 2 months.’’ For
underground coal mines, this training
includes training requirements in
existing § 49.8(b)(1) through (b)(5),
which would be redesignated as
§ 49.18(b)(1) through (b)(5) in this
proposal.
The proposed rule would add a new
paragraph (b)(6), which is consistent
with the goals of the MINER Act. It
would require all mine rescue team
members, at least once during each 12month period, to participate in training
that includes wearing mine rescue
apparatus while in smoke, simulated
smoke, or an equivalent environment.
While some mine operators or training
facilities may use actual smoke,
operators can use a nontoxic smoke,
such as theatrical smoke, which is
harmless. An equivalent environment
could include, for example, training
with glasses or face shields that reduce
vision and simulate smoke. This
requirement would assure that mine
rescue team members are trained in
realistic conditions.
This proposal also would increase the
existing annual training requirement
from 40 to 64 hours, given at 8 hours
every 2 months. This increase is in
response to requirements in the MINER
Act for additional mine rescue team
training.
The MINER Act requires that team
members be familiar with operations of
covered mines, have knowledge of the
operation and ventilation of covered
mines, and train at covered mines. The
MINER Act requires mine rescue team
members to participate in two mine
rescue contests each year. MSHA has
determined that an additional 24 hours
training per year is necessary to cover
training requirements in the MINER Act,
including participation in two mine
rescue contests. Therefore, a minimum
of 64 hours of refresher training is
necessary to accommodate the existing
and new MINER Act mine rescue team
training requirements.
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MSHA has reviewed the Mine Safety
Technology and Training Commission
(Commission) report on Improving Mine
Safety Technology and Training:
Establishing U.S. Global Leadership
(2006). This report contained a number
of recommendations addressing the
training of mine rescue teams. One
recommended that the ‘‘minimum
amount of training required of mine
rescue team members should be
increased to eight hours per month,’’ for
a total of 96 hours annually. MSHA’s
proposal takes the Commission’s
recommendation into consideration.
Although the proposal includes 64
hours of training, MSHA requests
comment on the proposed 64-hour
training requirement. Specifically, the
Agency is interested in comment
pertaining to whether the proposed
amount should be increased or
decreased in the final rule. Commenters
should specifically address: the
rationale for the amount of training; the
type of training; the number of hours of
training that should be required for
specific activities; and the impact of
such a requirement on the mining
industry’s ability to form additional
mine rescue teams or retain current
mine rescue team members.
Proposed paragraph § 49.18(d) has
been revised to be consistent with the
goals of the MINER Act by requiring the
training courses to be conducted by
instructors who have been employed in
an underground mine and have had a
minimum of 1 year experience as a mine
rescue team member or mine rescue
instructor within the past 5 years. This
requirement is necessary to ensure that
mine rescue team members are
instructed by persons with practical
mine rescue experience. Mine rescue
team instructors who have received
MSHA approval prior to the effective
date of the final rule would not have to
meet these new requirements.
C. Subpart B-Mine Rescue Teams for
Underground Coal Mines; Additional
MINER Act Provisions
Section 4 of the MINER Act requires
the following:
• MSHA must establish, and update
every 5 years thereafter, criteria to
certify the qualifications of mine rescue
teams. MSHA is proposing new § 49.50
to address the criteria for certifying the
qualifications of coal mine rescue teams.
• Underground coal mine operators
must have an employee knowledgeable
in mine emergency response who is
employed at the mine on each shift and
make available two certified mine
rescue teams whose members are
available at the mine within 1 hour
ground travel time from the mine rescue
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station. MSHA is proposing changes to
existing § 75.1501(a) to address the
requirement for an ‘‘employee
knowledgeable in mine emergency
response.’’
• Mine rescue team members must be
knowledgeable, experienced, and
trained; participate in two mine rescue
contests per year; and participate in
mine rescue training at each covered
mine. MSHA is proposing §§ 49.30 and
49.40 to address these qualification and
training-related requirements for small
and large underground coal mines,
respectively. In addition, MSHA is
proposing § 49.60 to address
requirements for a local mine rescue
contest.
1. Section 75.1501(a) Person
Knowledgeable in Mine Emergency
Response
The MINER Act requires the operator
to have a person employed on each shift
who is knowledgeable in mine
emergency response. The responsible
person required by existing 30 CFR
75.1501 would meet some of the
requirements of this provision. Existing
§ 75.1501(a) requires that—
mstockstill on PROD1PC66 with PROPOSALS3
(a) For each shift that miners work
underground, there shall be in attendance a
responsible person designated by the mine
operator to take charge during mine
emergencies involving a fire, explosion or gas
or water inundations. The responsible person
shall have current knowledge of the assigned
location and expected movements of miners
underground, the operation of the mine
ventilation system, the location of the mine
escapeways, the mine communications
system, any mine monitoring system if used,
and the mine emergency evacuation and
firefighting program of instruction.
MSHA is proposing to amend
§ 75.1501(a) to require that the
responsible person also have current
knowledge about the mine’s Emergency
Response Plan and Mine Rescue
Notification Plan. Under section 2 of the
MINER Act, all underground coal mine
operators must adopt an Emergency
Response Plan, which must be approved
by MSHA. MSHA provides guidance to
mine operators for preparing Emergency
Response Plans in a Program Policy
Letter (PPL P06–V–10, 10/24/2006), and
in the Program Information Bulletin on
Breathable Air (PIB 07–03, 02/08/2007).
The PPL and PIB are available on the
MINER Act Single Source Page at
https://www.msha.gov.
MSHA is also proposing to require
that the responsible person be trained
annually in mine emergency response
coordination and communication. In the
event of a mine emergency, the
responsible person must be able to
quickly initiate the Emergency Response
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Plan. New requirements have been
added to existing § 75.1501 to ensure
that the responsible person understands
and has knowledge of the procedures
and steps necessary to effectively
respond to a mine emergency. The
responsible person must receive training
in the following: organizing a command
center; directing firefighting personnel;
deploying firefighting equipment;
directing mine rescue personnel;
establishing a fresh air base; deploying
mine rescue teams; providing for mine
gas sampling and analysis; establishing
security; initiating an emergency mine
evacuation; contacting emergency
personnel; and communicating
appropriate information related to the
emergency. This additional training will
enhance the responsible person’s
knowledge in mine emergency response
and will assure appropriate actions are
taken in emergency situations.
The proposed rule is performanceoriented and, therefore, does not
prescribe the duration of this training.
Instead, the proposal allows the
operator to provide training appropriate
to the unique conditions of the mine
and the experience of the miner being
trained. The proposal includes topics
required to be addressed in the training.
MSHA expects the operator to assure
that the responsible person is
adequately prepared to respond
appropriately to mine emergencies.
Consistent with other MSHA training
requirements, the proposed rule would
require that the operator certify by
signature and date after each
responsible person has completed the
training and that the certification be
kept at the mine for 1 year.
2. Section 49.20 Requirements for All
Coal Mines
Proposed § 49.20 would address
MINER Act provisions that are the same
for all underground coal mine rescue
teams, regardless of the size of the
operation. It would require the operator
to make available two certified mine
rescue teams whose members are
familiar with the operations of each coal
mine covered by the mine rescue team,
participate annually in two local mine
rescue contests, and train at the covered
mines. The proposed rule contains
criteria for the certification of mine
rescue teams for underground coal
mines as § 49.50 and requirements for a
local mine rescue contest as § 49.60 of
this subpart.
a. Section 49.20(a)(1) Familiarity with
Operations of Covered Mines.
MSHA considers ‘‘familiarity’’ with
the operations of the covered mine as
first-hand experience of the
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underground mining conditions and
operations at a particular mine. MSHA
expects that team members who work at
the covered mine would be familiar
with that mine’s conditions and
operations through participation in
mine rescue training and quarterly mine
evacuation drills at the mine. Team
members who do not work at the
covered mine would need to become
familiar with its operations by
participating in mine rescue training at
the mine. This training would include:
identifying the designated escapeways,
intakes, returns, the ventilation system,
locations and types of fire fighting
equipment, the communication system,
mine-wide monitoring system, and the
type of transportation equipment used
at the mine. Also, team members would
need to be familiar with the location of
the mine rescue station, stored SCSRs,
breathable air, hardened rooms, and
other emergency response equipment or
supplies.
MSHA recognizes that the amount of
time required to familiarize teams with
a particular mine will vary, depending
on mining conditions. For example,
more complex mines and newer team
members may require more time. For
this reason, MSHA is not proposing a
minimum amount of time for mine
rescue team training underground at
covered mines. MSHA expects the
operator to evaluate each team member
to determine the amount of training
necessary for that person to become
familiar with operations at the covered
mine.
b. Section 49.20(a)(2) Participation in
Two Local Mine Rescue Contests.
The MINER Act adds a new training
requirement that mine rescue team
members must participate in two local
mine rescue contests annually. Mine
rescue contests are designed to sharpen
skills and test the knowledge of team
members who would be called on to
respond to a mine emergency.
Historically, mine rescue contests have
provided individuals with practical,
hands-on experience and are one of the
most effective forms of training. Some
team members who are regular
participants in contests have been called
on in recent years to perform actual
mine rescue and recovery work. They
have done so successfully and training
exercises, such as mine rescue contests,
were essential to maintaining a wellprepared team.
For the purpose of this requirement,
MSHA would consider a two-day
contest, with a different competition
and simulated mine rescue exercise on
each day, as two contests if the team
participated on both days. MSHA
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expects that this would minimize costs
for many teams, while providing
necessary training, because the team
would have travel costs for only one
trip, rather than two trips. Another
potential benefit is that this provision
would minimize team members’’
absence from their mines where they are
available to respond in the event of an
emergency.
c. Section 49.20(b) Requirements for
Types of Mine Rescue Teams
The MINER Act introduces new terms
to describe different types of mine
rescue teams: mine-site, composite,
contract, and State-sponsored teams.
• A mine-site team is made up of
team members who work at the mine
and train at least annually at the
covered mine.
• A composite team provides
coverage for multiple mines and has
team members which include at least
two active employees from each covered
mine who have knowledge of the
operations and ventilation of the
covered mine and train semi-annually at
the covered mine. A composite team can
be a multiple employer team, a team
that provides coverage for multiple
mines owned by the same operator, or
a State-sponsored team.
• A contract team is a mine rescue
team that is provided by an arrangement
with another coal mine or with a third
party. Members of a contract team mine
must have at least 3 years underground
coal mine experience within the 10-year
period preceding their employment on
the contract mine rescue team. Contract
teams would have to have knowledge of
the operations and ventilation of the
covered mine and train quarterly at a
covered large mine and semi-annually at
a covered small mine. Although the
MINER Act uses the phrase
‘‘commercial mine rescue team
provided by contract,’’ the proposal
refers to these teams as contract teams
provided through an arrangement with
another mine or a third party.
• A State-sponsored team is made up
of State employees who train at least
annually at the covered mine.
MSHA invites comment regarding the
types of State relationships with teams
and team members that would qualify
the team members as ‘‘employees’’ and
the team as ‘‘State-sponsored.’’ MSHA
invites comment regarding the types of
teams that are available to mines having
36 or fewer employees who could
qualify to be a mine rescue team
member and whether these mines
should be able to use other types of
teams, such as teams consisting of one
miner per covered mine.
d. Knowledge of Operations and
Ventilation at the Covered Mine
The MINER Act requires members of
mine rescue teams covering small
underground coal mines, and composite
51325
and contract teams covering large
underground coal mines, to have
knowledge of the operations and
ventilation at each covered mine. MSHA
expects that this requirement would be
met when each team member reviews
the mine’s ventilation plan, mine maps,
roof or ground control plans, and mine
emergency evacuation plans. MSHA
also expects that team members who
work at the mine would generally meet
this requirement because they
participate in the quarterly mine
emergency evacuation training and
drills.
e. Mine Rescue Team Training at Each
Covered Mine
The MINER Act requires members of
mine rescue teams to participate in
training at each covered mine. MSHA
interprets this to mean that at least one
of the training sessions must be
conducted underground at the covered
mine. The number of training sessions
required at the covered mine would
depend on the mine size and type of
mine rescue team. In accordance with
the MINER Act, the Agency includes the
following chart to illustrate the required
number of training sessions at each
covered mine each year by mine size
and type of mine rescue team.
TABLE 1.—FREQUENCY OF TRAINING FOR MINE RESCUE TEAM MEMBERS AT EACH COVERED UNDERGROUND COAL MINE
EACH YEAR
Mine size
Type of team
Large (>36)
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Mine Site ..................................................................................
Composite ................................................................................
Contract ...................................................................................
State-sponsored ......................................................................
MSHA notes that the MINER Act
requires mine rescue teams servicing
mines with 36 or fewer employees to
train at each covered mine semiannually. This requirement would
appear to mean that mine-site teams and
State-sponsored teams, which are
required to train at large mines
annually, would have to train at small
mines semi-annually if they service
small mines. Although it is unclear why
this added burden is placed on small
mines, MSHA included this provision,
consistent with the MINER Act. MSHA
invites comment regarding this matter.
Commenters should explain any
suggested alternatives, including
supporting documentation and data.
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1
2
4
1
(annually) ...........................................................................
(semi-annually) ...................................................................
(quarterly) ...........................................................................
(annually) ...........................................................................
MSHA also requests comment on
whether this training needs to be
conducted underground at the covered
mine.
f. Integration of Mine Rescue Team
Training Requirements
As discussed earlier, the MINER Act
requires two new categories of training
for mine rescue team members:
participation in mine rescue contests
and participation in training at the
covered mines. These additional
requirements complement the existing
training in § 49.8, proposed as § 49.18
for underground coal mine rescue
teams. The existing standard requires
training sessions underground every 6
months; and team members to wear
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Small (™36)
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2
2
2
2
(semi-annually).
(semi-annually).
(semi-annually).
(semi-annually).
breathing apparatus for a minimum of 2
hours every 2 months. MSHA
anticipates that operators will integrate
the new requirements, including mine
rescue training at the covered mines,
with these existing requirements.
3. Section 49.30 Requirements for
Small Coal Mines
Proposed § 49.30 would be applicable
to each underground coal mine that has
36 or fewer employees who could
qualify to be a mine rescue team
member. The MINER Act requires that
members of mine rescue teams covering
these small mines know the operations
and ventilation of the mine.
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4. Section 49.40 Requirements for
Large Coal Mines
Proposed § 49.40 would be applicable
to each underground coal mine that has
more than 36 employees who could
qualify to be a mine rescue team
member. The MINER Act requires that
the mine operator of a large mine
designate either an individual mine-site
team or a composite team as one of the
two mine rescue teams. The second
mine rescue team can be a mine-site,
composite, contract, or State-sponsored
team.
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5. Section 49.50
Rescue Teams
Certification of Mine
Section 4 of the MINER Act requires
MSHA to establish, and update every 5
years thereafter, criteria to certify the
qualifications of mine rescue teams. It
also requires each operator of an
underground coal mine to designate two
certified mine rescue teams. The
proposed certification criteria include a
certification statement, equipment and
training requirements, and the
frequency of certification. The proposal
would require that a mine operator
certify that each of the mine’s two
designated mine rescue teams meet the
requirements of this section. To meet
the proposed requirement, the mine
operator must submit an annual
certification statement to the District
Manager. MSHA requests comments on
other alternatives for certification of
mine rescue teams.
MSHA is proposing that, to be
certified, the mine rescue team must be
available when miners are underground
and within 1-hour ground travel time
from the mine rescue station to the
mine; team members must be physically
fit, experienced working in an
underground mine, and properly
trained; and the mine rescue station
must be adequately equipped. The
criteria for these qualifications are
contained in the existing and proposed
standards. For ease of understanding,
the Agency has developed a chart in
which the proposed rule lists the
criteria for annual certification of mine
rescue teams by the section number of
the existing and proposed standards in
30 CFR part 49. This chart is proposed
as § 49.50, Table–49.50: Criteria to
Certify the Qualifications of Mine
Rescue Teams.
MSHA has developed certification
forms that operators may use to assist
them in complying with this section.
These optional forms are attached as an
appendix to this rule. MSHA would
provide the forms in an electronic
format and allow electronic filing.
MSHA has posted the forms on its Web
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site at https://www.msha.gov for
comment and would welcome any
suggestions. MSHA would accept
certification statements in all formats,
both electronic and paper.
6. Section 49.60 Requirements for a
Local Mine Rescue Contest
Coal mine rescue team members must
participate in two local mine rescue
contests annually. The proposed rule
includes criteria for a local mine rescue
contest. The proposed rule also requires
that the mine operator provide
information concerning the schedule of
upcoming local mine rescue contests to
the District Manager when requested.
MSHA specifically requests comments
on the following criteria for a local mine
rescue contest:
• The contest must be conducted in
the United States and use MSHArecognized rules.
• The contest must include a
minimum of three competing mine
rescue teams.
• Team members must have the
necessary equipment to participate in a
simulated mine rescue exercise;
participate in a simulated mine rescue
exercise while being timed and
observed by trained judges who evaluate
the performance of each team and
provide written feedback; and wear
oxygen breathing apparatus.
• Contest judges must have
completed annual training for mine
rescue contest judges.
a. Criteria for a Local Mine Rescue
Contest.
Contest Rules. MSHA-recognized
rules are developed annually by the
National Mine Rescue Contest Rules
Committee, comprised of mine rescue
associations and individuals from
MSHA, State agencies, academia, and
the mining industry. MSHA publishes
these National rules on its Web site at
https://www.msha.gov/MineRescue/
CONTEST and gives training on them
for any interested persons each year at
the National Mine Health and Safety
Academy. MSHA would allow contest
organizers to use the National Mine
Rescue Contest Rules and other rules
recognized by MSHA. A consistent set
of recognized rules would help mine
rescue teams work together more
efficiently and effectively when
responding to a mine emergency.
Three Teams. In MSHA’s experience,
a mine rescue contest must have at least
three teams competing to provide a
meaningful competition and learning
opportunity. Mine rescue contests are a
vital element in improving mine rescue
team expertise. They increase mine
rescue skills, build team cohesiveness
and trust, and broaden problem-solving
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abilities. Requiring a minimum of three
teams would reduce the possibility of a
competition between teams only from
the same mine and promote
competitions among teams in close
geographic proximity.
Team Members. Even though
participation in a mine rescue contest is
considered a training exercise, team
members must be prepared to compete
as if the contest were a real mine
emergency. Team members must have
the necessary equipment to participate
in a simulated mine rescue exercise.
Participation in a simulated mine rescue
exercise while being timed, observed,
and judged provides a measure of stress.
The mine rescue contest is an
opportunity to test the team member’s
level of knowledge and skill under
simulated mine emergency conditions.
The ability to make correct decisions
quickly, while under stress and wearing
breathing apparatus, is a vital skill for
each mine rescue team member to
develop.
Judges. In order for judges to
administer the mine rescue contest
fairly and provide appropriate and
meaningful feedback, judges should
have a strong background in contest
rules and critiquing team member
performance. Each year, MSHA
provides training at the National Mine
Health and Safety Academy for MSHA,
State, industry, mine rescue team
personnel, simulated mine rescue
exercise designers, and other interested
parties. This training is provided under
a train-the-trainer concept, thereby
expanding the reach of the training.
Persons attending this training are then
qualified to provide training to judges at
the local level. The training is titled,
‘‘National Mine Rescue Rules and
Interpretations Training.’’ This training
is also Web cast to Western Kentucky;
Denver, Colorado; Birmingham,
Alabama; and Price, Utah. This training
also includes time for a question and
answer discussion.
The Agency solicits comments on
whether there should be a minimum
amount of annual training prescribed for
contest judges. In MSHA’s experience,
training on contest rules and
interpretations provides the necessary
background for evaluating and
critiquing mine rescue team
performance. MSHA is considering
allowing attendance at this training to
satisfy the requirement for annual
training for judges. MSHA requests
comments on this approach or whether
some other training is more appropriate
for mine rescue contest judges.
b. Notifying MSHA. The proposed rule
requires mine operators to notify the
appropriate District Manager, on
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request, when and where their
designated teams plan to participate in
mine rescue contests. This notice would
allow MSHA to attend the contest and
provide assistance. MSHA could verify
that the contest meets the requirements
of § 49.60 and achieves its purpose to
increase mine rescue skills, build team
cohesiveness and trust, and broaden
problem-solving abilities.
c. Alternative to Participation in Local
Mine Rescue Contests.
This proposal allows alternatives to
local mine rescue contests so long as the
training provides equivalent skills
development. Under the proposal, Mine
Emergency Response Development
(MERD) drills could count as equivalent
training when the team participates in a
realistic simulation exercise, such as fire
and explosion drills, while wearing
breathing apparatus. Other training that
provides an equivalent realistic
simulation exercise, such as fire and
explosion drills, can substitute for
participation in a local mine rescue
contest. MSHA would allow actual
underground participation in a rescue or
recovery operation as a substitute for
participation in a local mine rescue
contest. MSHA requests comments on
other alternatives to participation in
local mine rescue contests.
IV. Preliminary Regulatory Economic
Analysis
A. Executive Order 12866
Executive Order (E.O.) 12866 as
amended by E.O. 13258 (Amending
Executive Order 12866 on Regulatory
Planning and Review) requires that
regulatory agencies assess both the costs
and benefits of regulations. To comply
with E.O. 12866, MSHA has prepared a
Preliminary Regulatory Economic
Analysis (PREA) for the proposed rule.
The PREA contains supporting data and
explanation for the summary materials
presented in this preamble, including
the covered mining industry, costs and
benefits, feasibility, small business
impacts, and paperwork. The PREA is
located on MSHA’s Web site at https://
www.msha.gov/REGSINFO.HTM. A
printed copy of the PREA can be
obtained from MSHA’s Office of
Standards, Regulations, and Variances
at the address in the ADDRESSES section
of this preamble.
Executive Order 12866 classifies a
rule as a significant regulatory action
51327
requiring review by the Office of
Management and Budget if it has an
annual effect on the economy of $100
million or more; creates a serious
inconsistency or interferes with an
action of another agency; materially
alters the budgetary impact of
entitlements or the rights of entitlement
recipients; or raises novel legal or policy
issues. Based on the PREA, MSHA has
determined that the proposed rule
would not have an annual effect of $100
million or more on the economy and
that, therefore, it is not an economically
‘‘significant regulatory action’’ pursuant
to section 3(f) of E.O. 12866. MSHA,
however, has concluded that the
proposed rule is otherwise significant
under Executive Order 12866 because it
raises novel legal or policy issues.
B. Population at Risk
The proposed rule would apply to 653
underground coal mines and cover
42,597 miners and 8,250 (non-office)
contractors working at them. Table 2
shows a summary distribution of mines,
underground employment, costs
attributed to this proposal, and revenues
for these underground coal mines.
TABLE 2.—SUMMARY DATA FOR UNDERGROUND COAL MINES
Mine size A
Number of mines
Total number of
miners B
Number of employees B underground
220
420
13
653
2,255
32,852
7,490
42,597
1,952
29,742
6,503
38,197
1–19 .................................
20–500 .............................
>500 .................................
All Mines ..........................
A Size
Annual revenue
(billions)
Annual cost
(millions)
$0.3
9.8
3.0
13.1
$0.7
2.3
0.1
3.1
Cost per mine
$3,100
5,500
7,300
4,700
based on total mine employment, excluding office workers.
not include 8,250 (non-office) contractor employees, 4,096 of which work underground.
B Does
C. Costs
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As shown in Table 3, MSHA estimates
that the proposed rule would result in
total yearly costs for the underground
coal mining industry of approximately
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$3.1 million. Disaggregated by mine
size, yearly costs would be $0.7 million
(or approximately $3,100 per mine) for
mine operators with fewer than 20
employees; $2.3 million (or about
$5,500 per mine) for mine operators
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with 20–500 employees; and $0.1
million (or about $7,300 per mine) for
mine operators with more than 500
employees. All cost estimates are
presented in 2005 dollars.
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rescue teams. As shown in Table 4, the
total yearly cost of the proposed rule for
State-sponsored mine rescue teams
would be about $132,000. Of this,
$89,000 would be for training and
$43,000 would be for participation in
two local mine rescue contests.
These cost estimates are based on a
variety of key assumptions regarding the
response of industry and States to the
proposed rule: (1) 28 mine rescue
stations would be added to the 92
stations currently serving underground
coal mines; (2) an additional 56 mine
rescue teams would be formed; (3) none
of the existing 145 mine rescue teams
would disband; and (4) the additional
mine rescue teams would not impose
any costs on mine operators other than
those itemized in the PREA. In addition,
although MSHA is aware that the
requirements in the proposed rule may
place some pressure on States to
increase the number of State-sponsored
mine rescue teams and stations, MSHA
assumed no change in the existing
provision of these services in response
to the proposed rule. MSHA solicits
comments on these and all other
assumptions and data used in the PREA.
the event of an emergency situation at
an underground coal mine. Mine
operators often rely on mine rescue
teams to save miners during an
underground emergency such as an
explosion, fire, roof fall, or water
inundation. In such a situation, the
timely arrival of a properly-trained mine
rescue team can sometimes mean the
difference between life and death. In
most instances, other types of rescue
units, e.g., a rescue squad from the local
fire department, are unlikely to have the
specialized training and equipment to
respond effectively to an emergency due
to the hazardous nature of the
underground coal mine environment.
A good mine rescue team will have
knowledge and familiarity with the
mine layout, including the location of
working sections, mining equipment,
fire-fighting equipment, first aid
supplies, transportation, escapeways,
and emergency shelters; know the
mine’s roof conditions and ventilation
system; and have an established
working relationship with mine
management and among the team
members. These factors provide for
more efficient decision-making during
an emergency and increased confidence
in the personnel who implement these
decisions.
MSHA has qualitatively determined
that the proposed rule would make coal
mine rescue teams better able to
respond to emergencies when a quick
response by rescue teams is vital to
miners. The proposed rule would
improve overall mine rescue service in
three areas:
• It would improve mine emergency
response time by requiring that mine
rescue team members be available at the
mine within 1 hour ground travel time
from the mine rescue station.
• It would increase the quality and
effectiveness of training by requiring
team members to be familiar with the
covered mines’’ operations, participate
in training at the covered mines, and
participate in two local mine rescue
contests.
• It would strengthen the
requirements for knowledge and
experience of mine rescue team
D. Benefits
The purpose of this proposed rule is
to enhance the availability and
effectiveness of mine rescue teams in
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employees would incur costs of
approximately $1.3 million per year and
underground coal mines with 37 or
more employees would incur costs of
approximately $1.8 million per year.
In addition, the proposed rule would
impose costs on State-sponsored mine
EP06SE07.001</GPH>
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Specific to the mine rescue team
proposed rule, MSHA has broken down
total compliance costs for mines with 1–
36 employees and mines with 37 or
more employees. Of the $3.1 million
total yearly cost of the proposed rule,
underground coal mines with 1–36
Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules
members by requiring them to have
knowledge of the operations and
ventilation of the covered mines and by
requiring contract team members to
have at least 3 years underground coal
mine experience within the 10-year
period preceding their employment on
the contract team.
The proposed rule also would
increase awareness of the mine operator
by requiring the mine operator to
provide two certified mine rescue teams
and to have a person knowledgeable in
mine emergency response on each shift.
The proposal includes criteria for
certifying the mine rescue teams and
clarifies training requirements for the
knowledgeable person.
Team members employed at a given
mine are exceptionally knowledgeable
in mine gases, ventilation, first aid, and
other health and safety subjects as they
apply generally and at that specific
mine. Their level of mine rescue
training, combined with their everyday
presence during the normal work cycle,
provides an added measure of safety for
each worker at the mine.
V. Feasibility
MSHA has concluded that the
requirements of the proposed rule are
technologically and economically
feasible.
mstockstill on PROD1PC66 with PROPOSALS3
A. Technological Feasibility
This proposed rule is not a
technology-forcing standard and does
not involve new scientific knowledge.
The requirements of the rule involve
training and purchase of equipment and
a requirement that the mine rescue
station be located closer, within 1 hour
(rather than 2 hours) ground travel time
to the covered mines. MSHA projects
that this requirement would necessitate
additional mine rescue stations and
mine rescue teams. MSHA has
concluded that the proposed rule is
technologically feasible.
B. Economic Feasibility
The total cost of the proposed rule is
approximately $3.1 million annually for
all underground coal mine operators.
These compliance costs are well under
one percent of the yearly revenues of
$13.1 billion for these underground coal
mine operators. MSHA concludes that
the amount of these costs supports its
finding that the proposed rule is
economically feasible. MSHA solicits
comments on this issue.
VI. Regulatory Flexibility Act and
Small Business Regulatory Enforcement
Fairness Act
Pursuant to the Regulatory Flexibility
Act (RFA) of 1980, as amended by the
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Small Business Regulatory Enforcement
Fairness Act (SBREFA), MSHA analyzed
the impact of the proposed rule on small
entities. Based on that analysis, MSHA
notified the Chief Council for Advocacy,
Small Business Administration (SBA),
and made the certification under the
Regulatory Flexibility Act at 5 U.S.C.
605(b) that the proposed rule would not
have a significant economic impact on
a substantial number of small entities.
The factual basis for this certification is
presented in full in Chapter V of the
PREA and in summary form below.
A. Definition of a Small Mine
Under the RFA, in analyzing the
impact of a proposed rule on small
entities, MSHA must use the Small
Business Administration’s (SBA’s)
definition for a small entity, or after
consultation with the SBA Office of
Advocacy, establish an alternative
definition for the mining industry by
publishing that definition in the Federal
Register for notice and comment. MSHA
has not established an alternate
definition and is required to use the
SBA definition. The SBA defines a
small entity in the mining industry as
an establishment with 500 or fewer
employees.
MSHA has also examined the impact
of this proposed rule on underground
coal mines with fewer than 20
employees, which MSHA has
traditionally referred to as ‘‘small
mines.’’ These small mines differ from
larger mines not only in the number of
employees, but also in economies of
scale in material produced, in the type
and amount of production equipment,
and in supply inventory. Therefore, the
cost of complying with MSHA’s
proposed rule and the impact of the
proposed rule on small mines will also
be different. It is for this reason that
small mines are of special concern to
MSHA.
In addition, MSHA has examined the
cost of compliance for underground coal
mines with 36 or fewer employees,
consistent with the requirements of the
MINER Act, to ensure that the proposed
rule would not significantly and
adversely impact this subset of mines.
Thus, the detailed factual basis below
also shows the economic impact on
underground coal mines with 36 or
fewer employees.
B. Factual Basis for Certification
MSHA initially evaluates the
economic impact of a rule on ‘‘small
entities’’ by comparing the estimated
costs of the rule for small entities to
their estimated revenues. When
estimated costs are less than one percent
of estimated revenues for the size
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51329
categories considered, MSHA believes it
is generally appropriate to conclude that
there is no significant economic impact
on a substantial number of small
entities. If the estimated costs are equal
to or exceed one percent of revenues,
MSHA will investigate whether a
further analysis is required. For this
proposed rule, MSHA has determined
that the estimated costs are less than
one percent of the estimated revenues.
Therefore, MSHA certifies that this
proposed rule would not have a
significant economic impact on a
substantial number of small entities.
Coal mining revenues are derived
from data on the price of coal and total
coal production. Total underground coal
production in 2006 was 359 million
tons. The price of underground coal in
2005 was $36.42 per ton.1 Thus, based
on the total amount of coal production
and the cost of coal per ton, the total
estimated revenue in 2006 for
underground coal production was $13.1
billion. Using the same approach, the
estimated 2005 underground coal
revenue by employment size category is
approximately $0.3 billion for 220
mines with 1–19 employees, $1.3 billion
for 368 mines with 1–36 employees, and
$10.1 billion for 640 mines with 1–500
employees.
The proposed rule would result in an
average yearly cost per underground
coal mine of $3,074 for mines with 1–
19 employees; $3,231 for mines with 1–
36 employees; and $4,680 for mines
with 1–500 employees. The average
yearly cost per mine for all underground
coal mines is $4,733. When dividing the
yearly compliance costs by the annual
revenues in each mine size category, the
cost of the rule for underground coal
mines is 0.24% of revenues for mines
with 1–19 employees, 0.10% of
revenues for mines with 1–36
employees, and 0.03% of revenues for
mines with 1–500 employees. The cost
as a percentage of revenues for all
underground coal mines would be
approximately 0.02%.
When applying MSHA’s and SBA’s
definition of small entities, the annual
cost of the proposed rule to small mines
is substantially less than one percent of
their estimated annual revenues. The
proposed rule, therefore, would not
have a significant economic impact on
a substantial number of small entities.
Accordingly, MSHA has certified that
the proposed rule would not have a
significant economic impact on a
substantial number of small entities that
are covered by the proposed rule.
1 U.S. Dept. of Energy, Energy Information
Administration, ‘‘Annual Coal Report 2005,’’ Table
28, October 2006.
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VII. Paperwork Reduction Act of 1995
1. Summary
The mine rescue team proposed rule
would continue the existing paperwork
burden requirements and impose
several new paperwork burden
requirements. Proposed § 49.16 would
continue to require certification of
inspection and testing of breathing
apparatus, as well as a record of any
corrective action taken for breathing
apparatus. Proposed § 49.18 would
continue to require preparation of
training materials for new mine rescue
team members and a record of each new
mine rescue team member’s training.
The Office of Management and Budget
(OMB) has approved these
requirements, which are in existing
§§ 49.6 and 49.8, under OMB control
number 1219–0078. In addition,
proposed § 49.50 would impose a new
annual paperwork burden for mine
operators to certify that each designated
mine rescue team meets the
requirements of this part. MSHA has
developed optional forms for the mine
operator to use for this certification.
Proposed § 75.1501 also would require
mine operators to certify that each
responsible person has completed the
required mine emergency response
training.
Overall, the underground coal
industry would incur approximately
2,466 paperwork burden hours in the
first year with associated paperwork
burden costs of approximately $83,300.
Total burden hours in the first year
consist of two components: first year
burden hours and annual burden hours.
Annual burden hours are those that
occur every year. Of the 2,466 burden
hours, 39 burden hours would occur in
the first year and every 10 years
thereafter with associated costs of
$2,450 (equivalent to $349 of
annualized costs). The remaining 2,427
burden hours would occur in the first
year and every year thereafter with
associated costs of approximately
$83,000.
MSHA projects that the proposed rule
would require additional mine rescue
teams and equipment. Existing
standards require information collection
for mine rescue teams and equipment.
MSHA would add the information
collection burden for additional teams
and equipment to that approved under
existing Office of Management and
Budget (OMB) control number 1219–
0078.
For a detailed explanation of how the
burden hours and related costs were
calculated, see Chapter VII of the
Preliminary Regulatory Economic
Analysis (PREA) accompanying this
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proposed rule. The PREA is posted on
MSHA’s Web site at https://
www.msha.gov/REGSINFO.HTM. A
print copy of the PREA can be obtained
from MSHA’s Office of Standards,
Regulations, and Variances at the
address provided in the ADDRESSES
section of this preamble.
2. Procedural Details
The information collection package
has been submitted to OMB for review
under 44 U.S.C. 3504, paragraph (h) of
the Paperwork Reduction Act of 1995,
as amended. A copy of the information
collection package can be obtained from
the Department of Labor by electronic
mail request to king.darrin@dol.gov or
by phone request to 202–693–4129.
MSHA requests comments to:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
Agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Comments on the information
collection requirements should be sent
to both OMB and MSHA. Addresses for
both offices can be found in the
ADDRESSES section of this preamble. The
regulated community is not required to
respond to any collection of information
unless it displays a current, valid, OMB
control number. MSHA displays OMB
control numbers in 30 CFR part 3.
VIII. Other Regulatory Considerations
A. The Unfunded Mandates Reform Act
of 1995
MSHA has reviewed the proposed
rule under the Unfunded Mandates
Reform Act of 1995 (2 U.S.C. 1501 et
seq.). The proposed rule would not
increase private sector expenditures by
more than $100 million annually; nor
would it significantly or uniquely affect
small governments. The proposed rule
may result in increased expenditures by
State, local, or tribal governments,
however, because it places new
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requirements on underground coal mine
operators in providing and training
mine rescue teams. These proposed
changes would not directly affect States
or their relationships with the national
government; however, some States
sponsor mine rescue teams. In the spirit
of the Unfunded Mandates Reform Act,
MSHA specifically solicits comments on
this proposed rule from State officials.
B. The Treasury and General
Government Appropriations Act of
1999: Assessment of Federal
Regulations and Policies on Families
Section 654 of the Treasury and
General Government Appropriations
Act of 1999 (5 U.S.C. 601 note) requires
agencies to assess the impact of
proposed agency actions on family wellbeing. MSHA has determined that this
proposed rule would have no effect on
family stability or safety, marital
commitment, parental rights and
authority, or income or poverty of
families and children. Accordingly,
MSHA certifies that this proposed rule
would not impact family well-being.
C. Executive Order 12630: Government
Actions and Interference With
Constitutionally Protected Property
Rights
This proposed rule would not
implement a policy with takings
implications. Accordingly, E.O. 12630
requires no further Agency action or
analysis.
D. Executive Order 12988: Civil Justice
Reform
This proposed rule was written to
provide a clear legal standard for
affected conduct and was carefully
reviewed to eliminate drafting errors
and ambiguities, so as to minimize
litigation and undue burden on the
Federal court system. Accordingly, this
proposed rule would meet the
applicable standards provided in
Section 3 of E.O. 12988.
E. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
This proposed rule would have no
adverse impact on children.
Accordingly, E.O. 13045 requires no
further Agency action or analysis.
F. Executive Order 13132: Federalism
Executive Order (E.O.) 13132 requires
MSHA to develop an accountable
process to ensure a meaningful and
timely input by State and local officials
in the development of regulatory
policies that have ‘‘federalism
implications.’’ Policies that have
federalism implications are defined as
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having ‘‘substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.’’ The proposed
rule would place new requirements on
underground coal mine operators in
providing and training mine rescue
teams. These proposed changes would
not directly affect States or their
relationships with the federal
government. Although the proposed
rule does not directly affect States, some
States sponsor mine rescue teams.
Consistent with the spirit of E.O. 13132,
MSHA specifically solicits comments on
this proposed rule from State officials.
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This proposed rule would not have
‘‘tribal implications,’’ because it would
not ‘‘have substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
government and Indian tribes.’’
Accordingly, E.O. 13175 requires no
further Agency action or analysis.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
Executive Order 13211 requires
agencies to publish a statement of
energy effect when a rule has a
significant energy action that adversely
affects energy supply, distribution, or
use. MSHA has reviewed the proposed
rule for its impact on the supply,
distribution, and use of energy because
it applies to the underground coal
mining industry. MSHA has concluded
that this proposed rule is not a
significant energy action because it
would not have a significant adverse
effect on the supply, distribution, or use
of energy. Further, because this
proposed rule would result in yearly
costs of approximately $3.1 million to
the underground coal mining industry,
relative to annual revenues of $13.1
billion in 2006, it would not be a
significant energy action because it
would not be likely to have a significant
adverse effect on the supply,
distribution, or use of energy.
Accordingly, E.O. 13211 requires no
further Agency action.
List of Subjects in 30 CFR Part 49
Education and training, Mine safety
and health, Reporting and
recordkeeping requirements.
Dated: August 29, 2007.
Richard E. Stickler,
Assistant Secretary for Mine Safety and
Health.
For the reasons set out in the
preamble, and under the authority of the
Federal Mine Safety and Health Act of
1977 as amended by the Mine
Improvement and New Emergency
Response Act of 2006, MSHA is
proposing to amend chapter 1 of title 30
of the Code of Federal Regulations as
follows.
PART 49—MINE RESCUE TEAMS
1. The authority for part 49 is revised
to read as follows:
Authority: 30 U.S.C. 811, 825(e).
Subpart A—Mine Rescue Teams for
Underground Metal and Nonmetal
Mines
2. Add a new subpart A with the
heading as shown above consisting of
existing §§ 49.1 through 49.9.
§ 49.10
51331
[Removed]
3. Remove § 49.10.
4. Add new subpart B to read as
follows:
Subpart B—Mine Rescue Teams for
Underground Coal Mines
Sec.
49.11 Purpose and scope.
49.12 Availability of mine rescue teams.
49.13 Alternative mine rescue capability for
small and remote mines.
49.14 Reserved.
49.15 Mine rescue station.
49.16 Equipment and maintenance
requirements.
49.17 Physical requirements for mine
rescue team.
49.18 Training for mine rescue teams.
49.19 Mine emergency notification plan.
49.20 Requirements for all coal mines.
49.30 Requirements for small coal mines.
49.40 Requirements for large coal mines.
49.50 Certification of coal mine rescue
teams.
49.60 Requirements for a local mine rescue
contest.
Appendix to Part 49 Subpart B: Optional
Forms for Certifying Mine Rescue Teams.
Subpart B—Mine Rescue Teams for
Underground Coal Mines
§ 49.11
Purpose and scope.
(a) This subpart implements the
provisions of section 115(e) of the
Federal Mine Safety and Health Act of
1977 as amended by the Mine
Improvement and New Emergency
Response Act of 2006 (MINER Act).
Every operator of an underground coal
mine shall assure the availability of
mine rescue capability for purposes of
emergency rescue and recovery.
(b) The following Table 49.11
summarizes the new requirements for
mine rescue teams contained in section
4 of the MINER Act.
TABLE 49.11—SUMMARY OF NEW MINER ACT REQUIREMENTS FOR UNDERGROUND COAL MINE OPERATORS AND MINE
RESCUE TEAMS.
Type of Mine Rescue Team
Requirement
Mine-site
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Team members must participate at least annually in two local mine rescue contests.
Team members must participate in mine rescue training at the underground coal mine
covered by the mine rescue team.
Teams must be available at the mine within
1 hour ground travel time from the mine
rescue station.
Team members must be knowledgeable
about the operations and ventilation of the
covered mines.
Teams must have team members which include at least two active employees from
each of the covered mines.
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Composite
Contract
YES ............................
YES ............................
YES ............................
YES
Annually at Large
Mines.
Semi-annually at
Small Mines.
YES ............................
Semi-annually ............
YES ............................
Quarterly at Large
Mines.
Semi-annually at
Small Mines.
YES ............................
Annually at Large
Mines
Semi-annually at
Small Mines
YES
YES ............................
YES ............................
YES ............................
YES
....................................
YES ............................
....................................
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TABLE 49.11—SUMMARY OF NEW MINER ACT REQUIREMENTS FOR UNDERGROUND COAL MINE OPERATORS AND MINE
RESCUE TEAMS.—Continued
Type of Mine Rescue Team
Requirement
Mine-site
Composite
Contract
State-sponsored*
Team must be comprised of persons with a .................................... .................................... YES ............................
minimum of 3 years underground coal
mine experience that shall have occurred
within the 10-year period preceding their
employment on the contract mine rescue
team.
All mine operators must provide for two certified mine rescue teams. Large mine operators shall provide one team that is either an individual
mine-site mine rescue team or a composite team.
*Note: Team members of State-sponsored teams who are full-time State employees whose primary job duties include (1) inspecting underground mines for compliance with State safety laws or (2) training mine rescue teams or (3) conducting mine safety training or (4) other similar
duties that would enhance their mine rescue knowledge may substitute their regular job experience for 50 percent of the training requirements
(annual training which includes mine rescue contests and mine-site training) for non-State employee mine rescue team members.
mstockstill on PROD1PC66 with PROPOSALS3
§ 49.12
Availability of mine rescue teams.
(a) Except where alternative
compliance is permitted for small and
remote mines (§ 49.13), every operator
of an underground mine shall:
(1) Establish at least two mine rescue
teams which are available at all times
when miners are underground; or
(2) Enter into an arrangement for mine
rescue services which assures that at
least two mine rescue teams are
available at all times when miners are
underground.
(b) Each mine rescue team shall
consist of five members and one
alternate who are fully qualified,
trained, and equipped for providing
emergency mine rescue service. Mine
rescue teams for anthracite coal mines,
which have no electrical equipment at
the face or working section, shall consist
of at least three members per team and
one alternate that may be shared
between both teams.
(c) To be considered for membership
on a mine rescue team, each person
must have been employed in an
underground mine for a minimum of 1
year within the past 5 years, except that
members of contract mine rescue teams
shall have a minimum of 3 years
underground coal mine experience that
shall have occurred within the 10-year
period preceding their employment on
the contract mine rescue team. For the
purpose of mine rescue work only,
miners who are employed on the surface
but work regularly underground shall
meet the experience requirement. The
underground experience requirement is
waived for those miners on a mine
rescue team on the effective date of this
rule.
(d) Each operator shall arrange, in
advance, ground transportation for
rescue teams and equipment to the mine
or mines served.
(e) Upon the effective date of this part,
the required rescue capability shall be
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present at all existing underground
mines, upon initial excavation of a new
underground mine entrance, or the reopening of an existing underground
mine.
(f) No mine served by a mine rescue
team shall be located more than 1 hour
ground travel time from the mine rescue
station with which the rescue team is
associated.
(g) As used in this part, mine rescue
teams shall be considered available
where teams are capable of presenting
themselves at the mine site(s) within a
reasonable time after notification of an
occurrence which might require their
services. Rescue team members will be
considered available even though
performing regular work duties or in an
off-duty capacity. The requirement that
mine rescue teams be available shall not
apply when teams are participating in
mine rescue contests or providing
services to another mine.
(h) Each operator of an underground
mine who provides rescue teams under
this section shall send the District
Manager a statement describing the
mine’s method of compliance with this
part. The statement shall disclose
whether the operator has independently
provided mine rescue teams or entered
into an agreement for the services of
mine rescue teams. The name of the
provider and the location of the services
shall be included in the statement. A
copy of the statement shall be posted at
the mine for the miners’ information.
Where a miners’ representative has been
designated, the operator shall also
provide the representative with a copy
of the statement.
§ 49.13 Alternative mine rescue capability
for small and remote mines.
(a) If an underground mine is small
and remote, an operator may provide for
an alternative mine rescue capability.
For the purposes of this part only,
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consideration for small and remote shall
be given where the total underground
employment of the operator’s mine and
any surrounding mine(s) within 1 hour
ground travel time of the operator’s
mine is less than 36.
(b) An application for alternative
mine rescue capability shall be
submitted to the District Manager for the
district in which the mine is located for
review and approval.
(c) Each application for an alternative
mine rescue capability shall contain:
(1) The number of miners employed
underground at the mine on each shift;
(2) The location of the designated
mine rescue station serving the mine;
(3) The total underground
employment of mines within 1 hour
ground travel time of the operator’s
mine;
(4) The operator’s mine fire, ground,
and roof control history;
(5) The operator’s established escape
and evacuation plan;
(6) A statement by the operator
evaluating the usefulness of additional
refuge chambers to supplement those
which may exist;
(7) A statement by the operator as to
the number of miners willing to serve
on a mine rescue team;
(8) The operator’s alternative plan for
assuring that a suitable mine rescue
capability is provided at all times when
miners are underground; and
(9) Other relevant information about
the operator’s mine which may be
requested by the District Manager.
(d) A copy of the operator’s
application shall be posted at the mine.
Where a miners’ representative has been
designated, the operator shall also
provide the representative with a copy
of the application.
(e) In determining whether to approve
an application for alternative
compliance, the District Manager shall
consider:
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(1) The individual circumstances of
the small and remote mine;
(2) Comments submitted by, or on
behalf of, any affected miner; and
(3) Whether the alternative mine
rescue plan provides a suitable rescue
capability at the operator’s mine.
(f) Where alternative compliance is
approved by MSHA, the operator shall
adopt the alternative plan and post a
copy of the approved plan (with
appropriate MSHA mine emergency
telephone numbers) at the mine for the
miners’ information. Where a miners’
representative has been designated, the
operator shall also provide the
representative with a copy of the
approved plan.
(g) The operator shall notify the
District Manager of any changed
condition or factor materially affecting
information submitted in the
application for alternative mine rescue
capability.
(h)(1) An approved plan for
alternative mine rescue capability shall
be subject to revocation or modification
for cause by MSHA, where it is
determined that a condition or factor
has changed which would materially
alter the operator’s mine rescue
capability. If such action is
contemplated, the operator will be
notified, and given an opportunity to be
heard before the appropriate District
Manager.
(2) If an application for alternative
compliance is denied or revoked, the
District Manager shall provide the
reason for such denial or revocation in
writing to the operator. The operator
may appeal this decision in writing to
the Administrator for Coal Mine Safety
and Health.
[Reserved]
§ 49.15
mstockstill on PROD1PC66 with PROPOSALS3
§ 49.14
Mine rescue station.
(a) Every operator of an underground
mine shall designate, in advance, the
location of the mine rescue station
serving the mine.
(b) Mine rescue stations are to provide
a centralized storage location for rescue
equipment. This centralized storage
location may be either at the mine site,
affiliated mines, or a separate mine
rescue structure.
(c) Mine rescue stations shall provide
a proper storage environment to assure
equipment readiness for immediate use.
(d) Authorized representatives of the
Secretary shall have the right of entry to
inspect any designated mine rescue
station.
§ 49.16 Equipment and maintenance
requirements.
(a) Each mine rescue station shall be
provided with at least the following
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equipment. Mine rescue stations serving
underground anthracite coal mines,
which have no electrical equipment at
the face or working section, shall have
at least the amount of equipment
appropriate for the number of mine
rescue team members.
(1) Twelve self-contained oxygen
breathing apparatus, each with a
minimum of 2 hours capacity (approved
by MSHA and NIOSH under 42 CFR
part 84, subpart H), and any necessary
equipment for testing such breathing
apparatus;
(2) A portable supply of liquid air,
liquid oxygen, pressurized oxygen,
oxygen generating or carbon dioxide
absorbent chemicals, as applicable to
the supplied breathing apparatus and
sufficient to sustain each team for 6
hours while using the breathing
apparatus during rescue operations;
(3) One extra oxygen bottle (fully
charged) for every six self-contained
compressed oxygen breathing apparatus;
(4) One oxygen pump or a cascading
system, compatible with the supplied
breathing apparatus;
(5) Twelve permissible cap lamps and
a charging rack;
(6) Two gas detectors appropriate for
each type of gas which may be
encountered at the mines served;
(7) Two oxygen indicators or two
flame safety lamps;
(8) One portable mine rescue
communication system (approved under
part 23 of this title) or a sound-powered
communication system. The wires or
cable to the communication system
shall be of sufficient tensile strength to
be used as a manual communication
system. These communication systems
shall be at least 1,000 feet in length; and
(9) Necessary spare parts and tools for
repairing the breathing apparatus and
communication system.
(b) Mine rescue apparatus and
equipment shall be maintained in a
manner that will ensure readiness for
immediate use. A person trained in the
use and care of breathing apparatus
shall inspect and test the apparatus at
intervals not exceeding 30 days and
shall certify by signature and date that
the inspections and tests were done.
When the inspection indicates that a
corrective action is necessary, the
corrective action shall be made and the
person shall record the corrective action
taken. The certification and the record
of corrective action shall be maintained
at the mine rescue station for a period
of 1 year and made available on request
to an authorized representative of the
Secretary.
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51333
§ 49.17 Physical requirements for mine
rescue team.
(a) Each member of a mine rescue
team shall be examined annually by a
physician who shall certify that each
person is physically fit to perform mine
rescue and recovery work for prolonged
periods under strenuous conditions.
The first such physical examination
shall be completed within 60 days prior
to scheduled initial training. A team
member requiring corrective eyeglasses
will not be disqualified provided the
eyeglasses can be worn securely within
an approved facepiece.
(b) In determining whether a miner is
physically capable of performing mine
rescue duties, the physician shall take
the following conditions into
consideration:
(1) Seizure disorder;
(2) Perforated eardrum;
(3) Hearing loss without a hearing aid
greater than 40 decibels at 400, 1000,
and 2000 Hz;
(4) Repeated blood pressure
(controlled or uncontrolled by
medication) reading which exceeds 160
systolic, or 100 diastolic, or which is
less than 105 systolic, or 60 diastolic;
(5) Distant visual acuity (without
glasses) less than 20/50 Snellen scale in
one eye, and 20/70 in the other;
(6) Heart disease;
(7) Hernia;
(8) Absence of a limb or hand; or
(9) Any other condition which the
examining physician determines is
relevant to the question of whether the
miner is fit for rescue team service.
(c) The operator shall have MSHA
Form 5000–3 certifying medical fitness
completed and signed by the examining
physician for each member of a mine
rescue team. These forms shall be kept
on file at the mine rescue station for a
period of 1 year.
§ 49.18
Training for mine rescue teams.
(a) Prior to serving on a mine rescue
team each member shall complete, at a
minimum, an initial 20-hour course of
instruction as prescribed by MSHA’s
Office of Educational Policy and
Development, in the use, care, and
maintenance of the type of breathing
apparatus which will be used by the
mine rescue team. The initial training
requirement is waived for those miners
on a mine rescue team on the effective
date of this rule.
(b) Upon completion of the initial
training, all team members shall receive
at least 64 hours of training annually,
which shall consist of refresher training
given at 8 hours every 2 months.
Refresher training shall include:
(1) Sessions underground at least once
each 6 months;
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(2) The wearing and use of the
breathing apparatus by team members
for a period of at least 2 hours while
under oxygen every 2 months;
(3) Where applicable, the use, care,
capabilities, and limitations of auxiliary
mine rescue equipment, or a different
breathing apparatus;
(4) Advanced mine rescue training
and procedures, as prescribed by
MSHA’s Office of Educational Policy
and Development;
(5) Mine map training and ventilation
procedures; and
(6) The wearing of mine rescue
apparatus while in smoke, simulated
smoke, or an equivalent environment at
least once during each 12-month period.
(c) A mine rescue team member will
be ineligible to serve on a team if more
than 8 hours of training is missed
during 1 year, unless additional training
is received to make up for the time
missed.
(d) The training courses required by
this section shall be conducted by
instructors who have been employed in
an underground mine and have had a
minimum of 1 year experience as a mine
rescue team member or a mine rescue
instructor within the past 5 years and
who have received MSHA approval
through one of the following methods:
(1) Completion of an MSHA or State
approved instructor’s training course
and the program of instruction in the
subject matter to be taught; or
(2) Designation by the District
Manager as approved instructors to
teach specific courses, based on their
qualifications and teaching experience
outlined above. Previously approved
instructors need not be redesignated to
teach the approved courses as long as
they have taught those courses within
the 24 months prior to the effective date
of this part.
(e) The District Manager may revoke
an instructor’s approval for good cause.
A written statement revoking the
approval together with reasons for
revocation shall be provided the
instructor. The affected instructor may
appeal the decision of the District
Manager by writing to the Administrator
for Coal Safety and Health. The
Administrator shall issue a decision on
the appeal.
(f) Upon request from the District
Manager, the operator shall provide
information concerning the schedule of
upcoming training.
(g) A record of training of each team
member shall be on file at the mine
rescue station for a period of 1 year.
§ 49.19
Mine emergency notification plan.
(a) Each underground mine shall have
a mine rescue notification plan
outlining the procedures to follow in
notifying the mine rescue teams when
there is an emergency that requires their
services.
(b) A copy of the mine rescue
notification plan shall be posted at the
mine for the miners’ information. Where
a miners’ representative has been
designated, the operator shall also
provide the representative with a copy
of the plan.
§ 49.20
Requirements for all coal mines.
(a) The operator of each underground
coal mine shall make available two
certified mine rescue teams whose
members—
(1) Are familiar with the operations of
the mine, and
(2) Participate at least annually in two
local mine rescue contests.
(b) Team members shall meet the
following:
(1) Mine-site team. Members who
work at the mine and participate in
mine rescue training at the mine at least
annually at large mines and semiannually at small mines.
(2) Composite team. A mine rescue
team that covers multiple mines and
whose members—
(i) Include at least two members from
each covered mine,
(ii) Are knowledgeable about the
operations and ventilation of the
covered underground coal mines, and
(iii) Participate in mine rescue
training at each covered mine at least
semi-annually at large and small mines.
(3) Contract team. A mine rescue team
that is provided by an arrangement with
another coal mine or with a third party
and whose members—
(i) Are knowledgeable about the
operations and ventilation of the
covered underground coal mine, and
(ii) Participate in mine rescue training
at a covered large mine at least quarterly
and at a covered small mine at least
semi-annually.
(4) State-sponsored team. Members
who are State employees and participate
in mine rescue training at a covered
large mine at least annually and at a
covered small mine at least semiannually.
§ 49.30
mines.
Requirements for small coal
At mines with 36 or fewer employees,
mine rescue team members shall be
knowledgeable about the operations and
ventilation of the mine.
§ 49.40
Requirements for large coal mines.
At mines with more than 36
employees, one of the two certified
mine rescue teams shall be an
individual mine-site team or a
composite team.
§ 49.50
teams.
Certification of coal mine rescue
For each mine rescue team designated
to provide mine rescue coverage at an
underground coal mine, the mine
operator shall send the District Manager
an annual statement certifying that each
team meets the requirements of this part
as listed in the following Table 49.50.
TABLE 49.50.—CRITERIA TO CERTIFY THE QUALIFICATIONS OF MINE RESCUE TEAMS
Qualification
Criteria (30 CFR)
(a) Team Members
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(1) Except where alternative compliance is permitted, team has at least five members and one alternate. ..........................
(2)
(3)
(4)
(5)
Members
Members
Members
Members
are physically fit. ..................................................................................................................................................
have experience working in an underground coal mine. ....................................................................................
are familiar with the operations of the mine. .......................................................................................................
are knowledgeable about the operations and ventilation of the mine. ...............................................................
(6) Members are properly trained. ............................................................................................................................................
(7) Members participate in mine rescue training at the mine. ..................................................................................................
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49.12(b)
49.17
49.12(c)
49.20(a)(1)
49.20(b)(2)(ii)
49.20(b)(3)(i)
49.30
49.18
49.20(b)(1)
49.20(b)(2)(iii)
49.20(b)(3)(ii)
49.20(b)(4)
49.30
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51335
TABLE 49.50.—CRITERIA TO CERTIFY THE QUALIFICATIONS OF MINE RESCUE TEAMS—Continued
Qualification
Criteria (30 CFR)
(8) Members participate in at least two mine rescue contests annually. .................................................................................
49.20(a)(2)
(b) Team Availability
(1) Team is available at all times when miners are underground. ...........................................................................................
(2) Team is available within 1-hour ground travel time from the mine rescue station to the mine. .........................................
49.12(a)
49.12(f)
(c) Team Equipment
Appropriate mine rescue equipment is provided, inspected, tested, and maintained. .............................................................
§ 49.60 Requirements for a local mine
rescue contest.
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(a) A local mine rescue contest is one
that—
(1) Is conducted in the United States;
(2) Uses MSHA-recognized rules;
(3) Has a minimum of three mine
rescue teams competing;
(4) Includes team members who—
(i) Have the necessary equipment to
participate in a simulated mine rescue
team exercise,
(ii) Participate in a simulated mine
rescue team exercise while being timed
and observed by trained judges who
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evaluate the performance of each team
and provide written feedback, and
(iii) Wear oxygen breathing apparatus
while participating in a realistic
simulation rescue exercise; and
(5) Includes contest judges who have
completed annual training for mine
rescue contest judges.
(b) Upon request from the District
Manager, the operator shall provide
information concerning the schedule of
upcoming mine rescue contests.
(c) Other training that provides
equivalent skills development can
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49.16
substitute for participation in a local
mine rescue contest. Examples include
a Mine Emergency Response
Development (MERD) drill or an
equivalent realistic simulation exercise,
such as fire and explosion drills, where
the team participates in simulated mine
rescue team exercises and wears
breathing apparatus.
Appendix to Part 49 Subpart B:
Optional Forms for Certifying Mine
Rescue Teams.
BILLING CODE 4510–43–P
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PART 75—[AMENDED]
DEPARTMENT OF LABOR
6. The authority for part 75 continues
to read as follows:
Mine Safety and Health Administration
30 CFR Part 49
Authority: 30 U.S.C. 811.
7. Amend § 75.1501 by revising
paragraph (a) to read as follows:
§ 75.1501
RIN 1219–AB56
Mine Rescue Team Equipment
Emergency evacuations.
(a) For each shift that miners work
underground, there shall be in
attendance a responsible person
designated by the mine operator to take
charge during mine emergencies
involving a fire, explosion or gas or
water inundations.
(1) The responsible person shall have
current knowledge of the assigned
location and expected movements of
miners underground, the operation of
the mine ventilation system, the
location of the mine escapeways, the
mine communications system, any mine
monitoring system if used, locations of
firefighting equipment, the mine’s
Emergency Response Plan, the Mine
Rescue Notification Plan, and the Mine
Emergency Evacuation and Firefighting
Program of Instruction.
(2) The responsible person shall be
trained annually in mine emergency
response. Training shall include
knowledge in the following:
(i) Organizing a command center;
(ii) Directing firefighting personnel;
(iii) Deploying firefighting equipment;
(iv) Directing mine rescue personnel;
(v) Establishing fresh air base;
(vi) Deploying mine rescue teams;
(vii) Providing for mine gas sampling
and analysis;
(viii) Establishing security;
(ix) Initiating an emergency mine
evacuation;
(x) Contacting emergency personnel;
and
(xi) Communicating appropriate
information related to the emergency.
(3) The operator shall certify by
signature and date after each
responsible person has completed the
training and keep the certification at the
mine for 1 year.
*
*
*
*
*
[FR Doc. 07–4317 Filed 9–4–07; 12:30 pm]
BILLING CODE 4510–43–P
Mine Safety and Health
Administration (MSHA), Labor.
ACTION: Proposed rule; notice of public
hearings; close of comment period.
AGENCY:
SUMMARY: This proposed rule would
amend MSHA’s existing standard
addressing mine rescue team equipment
at mine rescue stations serving
underground coal and metal and
nonmetal mines. MSHA proposes to
amend the existing standard to reflect
advances in mine rescue team
equipment technology. The proposed
amendments would increase safety and
improve effectiveness of mine rescue
teams.
All comments must be sent on or
before November 9, 2007. MSHA will
hold four public hearings on October 23,
October 25, October 30, and November
1, 2007. Details about the public
hearings are in the SUPPLEMENTARY
INFORMATION section of this document.
ADDRESSES: Comments must be clearly
identified with ‘‘RIN 1219–AB56’’ and
may be sent to MSHA by any of the
following methods:
(1) Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
(2) Electronic mail: zzMSHAcomments@dol.gov. Include ‘‘RIN 1219–
AB56’’ in the subject line of the
message.
(3) Facsimile: 202–693–9441. Include
‘‘RIN 1219–AB56’’ in the subject line of
the message.
(4) Regular Mail: MSHA, Office of
Standards, Regulations, and Variances,
1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209–3939.
(5) Hand Delivery or Courier: MSHA,
Office of Standards, Regulations, and
Variances, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia. Stop at
the 21st floor to sign in at the
DATES:
receptionist’s desk and wait for an
escort.
Information Collection Requirements:
This proposed rule would not require
any additional paperwork or
information collection.
Docket: Comments can be accessed
electronically at https://www.msha.gov
under the Rules and Regs link. MSHA
will post all comments on the Internet
without change, including any personal
information provided. Comments may
also be reviewed at the Office of
Standards, Regulations, and Variances,
1100 Wilson Boulevard, Room 2350,
Arlington, Virginia. Stop at the 21st
floor to sign in at the receptionist’s desk
and wait for an escort.
Mailing List: MSHA maintains a list
that enables subscribers to receive email notification when rulemaking
documents are published in the Federal
Register. To subscribe, go to https://
www.msha.gov under the Mailing List
link.
FOR FURTHER INFORMATION CONTACT:
Patricia W. Silvey, Director, Office of
Standards, Regulations, and Variances,
MSHA, at silvey.patricia@dol.gov
(internet e-mail), 202–693–9440 (voice),
or 202–693–9441 (facsimile).
SUPPLEMENTARY INFORMATION:
I. Introduction
The existing standards for mine
rescue teams contained in 30 CFR part
49 apply to all underground mines. Part
49 contains requirements addressing
three essential elements of effective
mine rescue teams: (1) Ready
availability; (2) proper equipment at
mine rescue stations; and (3) basic
levels of skills and training. This
proposed rule would revise and update
MSHA’s existing standard in 30 CFR
part 49 for mine rescue team equipment.
It is critical that mine rescue team
members be provided with the latest in
protective equipment so they can safely
and effectively carry out their mission.
Public Hearings
MSHA will hold four public hearings
concerning the proposed rule. The
hearings will begin at 2 p.m. and will be
held as follows:
mstockstill on PROD1PC66 with PROPOSALS3
Date
Location
Contact
October 23, 2007, 2 p.m. to 6 p.m. ...........
October 25, 2007, 2 p.m. to 6 p.m. ...........
October 30, 2007, 2 p.m. to 6 p.m. ...........
Little America Hotel, 500 South Main Street, Salt Lake City, UT 84101 ..................
Four Points by Sheraton Lexington, 1938 Stanton Way, Lexington, KY 40511 .......
Charleston Civic Center, West Virginia Room 105, 200 Civic Center Drive,
Charleston, WV 25301.
Sheraton Birmingham Hotel, 2101 Richard Arrington Boulevard, North, Birmingham, AL 35203.
801–596–5700
859–259–1311
304–345–1500
November 1, 2007, 2 p.m. to 6 p.m. .........
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]]>Agencies
[Federal Register Volume 72, Number 172 (Thursday, September 6, 2007)]
[Proposed Rules]
[Pages 51320-51338]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-4317]
[[Page 51319]]
-----------------------------------------------------------------------
Part IV
Department of Labor
-----------------------------------------------------------------------
Mine Safety and Health Administration
-----------------------------------------------------------------------
30 CFR Parts 49 and 75
Mine Rescue Teams and Equipment; Proposed Rules
Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 /
Proposed Rules
[[Page 51320]]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 49 and 75
RIN 1219-AB53
Mine Rescue Teams
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Proposed rule; notice of public hearings; close of comment
period.
-----------------------------------------------------------------------
SUMMARY: The proposed rule would revise MSHA's existing standards for
mine rescue teams for underground coal mines. It would strengthen
training requirements and address composition, availability, and
certification requirements for coal mine rescue teams. This proposed
rule would implement the provisions of the Mine Improvement and New
Emergency Response Act of 2006 (MINER Act) to improve overall mine
rescue service; improve mine emergency response time; improve mine
rescue team effectiveness; and increase the quantity and quality of
mine rescue team training.
DATES: All comments must be sent on or before November 9, 2007. MSHA
will hold four public hearings on October 23, October 25, October 30,
and November 1, 2007. Details about the public hearings are in the
``Supplementary Information'' section of this document.
ADDRESSES: Comments must be clearly identified with ``RIN 1219-AB53''
and may be sent to MSHA by any of the following methods:
(1) Federal e-Rulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments.
(2) Electronic mail: zzMSHA-comments@dol.gov. Include ``RIN 1219-
AB53'' in the subject line of the message.
(3) Facsimile: 202-693-9441. Include ``RIN 1219-AB53'' in the
subject line of the message.
(4) Regular Mail: MSHA, Office of Standards, Regulations, and
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939.
(5) Hand Delivery or Courier: MSHA, Office of Standards,
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350,
Arlington, Virginia. Stop at the 21st floor to sign in at the
receptionist's desk and wait for an escort.
Information Collection Requirements: Comments concerning the
information collection requirements of this proposed rule must be
clearly identified with ``RIN 1219-AB53'' and sent to both the Office
of Management and Budget (OMB) and MSHA. Comments to OMB may 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.
Docket: Comments can be accessed electronically at https://
www.msha.gov under the Rules and Regs link. MSHA will post all comments
on the Internet without change, including any personal information
provided. Comments may also be reviewed at the Office of Standards,
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350,
Arlington, Virginia. Stop at the 21st floor to sign in at the
receptionist's desk and wait for an escort.
Mailing List: MSHA maintains a list that enables subscribers to
receive e-mail notification when rulemaking documents are published in
the Federal Register. To subscribe, go to https://www.msha.gov under the
Mailing List link.
FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office
of Standards, Regulations, and Variances, MSHA, at
silvey.patricia@dol.gov (internet e-mail), 202-693-9440 (voice), or
202-693-9441 (facsimile).
SUPPLEMENTARY INFORMATION:
Outline of the Preamble
This outline will assist the mining community in finding
information in this preamble.
I. Introduction.
II. Statutory and Rulemaking Background.
III. Section-by-Section Analysis.
A. Technical Amendments to Existing Standards.
B. Subpart B--Mine Rescue Teams for Underground Coal Mines;
Amendments to Existing Requirements.
C. Subpart B--Mine Rescue Teams for Underground Coal Mines;
Additional MINER Act Provisions.
IV. Regulatory Economic Analysis.
A. Executive Order 12866.
B. Population at Risk.
C. Costs.
D. Benefits.
V. Feasibility.
A. Technological Feasibility.
B. Economic Feasibility.
VI. Regulatory Flexibility Act and Small Business Regulatory
Enforcement Fairness Act.
A. Definition of a Small Mine.
B. Factual Basis for Certification.
VII. Paperwork Reduction Act of 1995.
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. Introduction
The Mine Improvement and New Emergency Response Act of 2006 became
effective on June 15, 2006 (MINER Act). The goal of the MINER Act is
``to improve the safety of mines and mining.'' To accomplish this goal,
the MINER Act includes provisions to improve mine emergency response
time, improve mine rescue team effectiveness, and increase the quantity
and quality of mine rescue team training.
Section 4 of the MINER Act requires MSHA to publish regulations on
mine rescue teams by December 2007. Because the mine rescue team
provisions contained in section 4 of the MINER Act apply only to
underground coal mines, this proposed rule would affect those mines and
the mine rescue teams that cover them.
Public Hearings
MSHA will hold four public hearings concerning the proposed rule.
The hearings will be held as follows:
----------------------------------------------------------------------------------------------------------------
Date Location Contact
----------------------------------------------------------------------------------------------------------------
October 23, 2007, 9 a.m. to 1 p.m........ Little America Hotel, 500 South Main Street, Salt 801-596-5700
Lake City, UT 84101.
October 25, 2007, 9 a.m. to 1 p.m........ Four Points by Sheraton Lexington, 1938 Stanton Way, 859-259-1311
Lexington, KY 40511.
October 30, 2007, 9 a.m. to 1 p.m........ Charleston Civic Center, West Virginia Room 105, 200 304-345-1500
Civic Center Drive, Charleston, WV 25301.
November 1, 2007, 9 a.m. to 1 p.m........ Sheraton Birmingham Hotel, 2101 Richard Arrington 205-324-5000
Boulevard, North Birmingham, AL 35203.
----------------------------------------------------------------------------------------------------------------
[[Page 51321]]
The hearings will begin with an opening statement from MSHA,
followed by an opportunity for members of the public to make oral
presentations to the hearing panel. Requests to speak at a hearing
should be made at least 5 days prior to the hearing date. Requests to
speak may be made by telephone (202-693-9440), facsimile (202-693-
9441), or mail (MSHA, Office of Standards, Regulations, and Variances,
1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-3939). Any
unallocated time at the end of each hearing will be made available to
persons making same-day requests to speak.
The presiding official may limit presentations and exclude
irrelevant or unduly repetitious material and questions to ensure the
orderly progress of the hearings. The hearing panelists may ask
questions of speakers. Speakers and other attendees may present written
information to the MSHA panel for inclusion in the rulemaking record.
MSHA will accept post-hearing written comments and data for the record
from any interested party, including those not presenting oral
statements, until the close of the comment period on November 9, 2007.
The hearings will be conducted in an informal manner. Formal rules
of evidence and cross examination will not apply. MSHA will make
transcripts of the hearings, post them on MSHA's Web site https://
www.msha.gov, and include them in the rulemaking record.
II. Statutory and Rulemaking Background
In accordance with section 115(e) of the Federal Mine Safety and
Health Act of 1977 (Mine Act), MSHA issued standards in 30 CFR part 49
for mine rescue teams in underground coal and metal and nonmetal mines
(45 FR 47002, July 11, 1980). Part 49 contains requirements addressing
the three essential elements of effective mine rescue teams: (1) Ready
availability; (2) proper equipment; and (3) basic levels of skills and
training.
After several underground coal mine disasters in 2006, Congress
passed and the President signed the MINER Act. Section 4 of the MINER
Act requires that the Secretary issue regulations for mine rescue teams
by December 2007. The MINER Act also requires that any new standards
not waive training requirements for existing teams.
III. Section-by-Section Analysis
The MINER Act requires underground coal mine operators to use mine
rescue teams that meet specific requirements for certification,
composition, availability, and training. As specified by the MINER Act,
MSHA is proposing additional standards for mine rescue teams for
underground coal mines.
A. Technical Amendments to Existing Standards
This proposed rule would make no substantive change to requirements
for mine rescue teams at underground metal and nonmetal mines. MSHA is
proposing the following non-substantive organizational changes to the
existing standards.
For clarity, MSHA proposes to add a heading designating
the existing standards as Subpart--A--Mine Rescue Teams for Underground
Metal and Nonmetal Mines. This proposed rule would make no changes to
Sec. Sec. --49.1 through 49.9.
MSHA proposes to delete Sec. 49.10 Effective date. The
effective date language is obsolete.
B. Subpart B--Mine Rescue Teams for Underground Coal Mines; Amendments
to Existing Requirements
MSHA is proposing a new subpart B that would contain all the
standards applicable to mine rescue teams for underground coal mines.
Subpart B would contain the existing requirements renumbered as
Sec. Sec. 49.11 through 49.19, with modifications to achieve the goals
of the MINER Act and to address the unique conditions present in
anthracite coal mines. The proposal reserves Sec. 49.14 because it is
not applicable to underground coal mines.
In addition, to address the new MINER Act provisions, subpart B
contains the following five new standards:
Sec. 49.20 Requirements for all coal mines.
Sec. 49.30 Requirements for small coal mines.
Sec. 49.40 Requirements for large coal mines.
Sec. 49.50 Certification of coal mine rescue teams.
Sec. 49.60 Requirements for local mine rescue contests.
1. New Subpart B and the Reorganization of Part 49
MSHA requests comments on the proposed re-organizational change to
30 CFR part 49. MSHA specifically solicits comments on the approach
taken in this proposal, that is, retaining all existing standards as a
separate subpart A applicable to underground metal and nonmetal mines
and creating a new separate subpart B containing existing standards and
proposed new MINER Act provisions for underground coal mines. The
Agency also is considering an alternative that would retain the
existing standards in subpart A, applicable to all underground mines,
and add a new subpart B, applicable only to underground coal mines, to
address MINER Act requirements.
MSHA also is requesting comments on whether this proposed rule will
result in different approaches to providing mine rescue services and,
if so, what those approaches would be. The Agency believes that the new
requirements in the MINER Act might result in providers of mine rescue
services seeking alternative methods of providing these services. This
issue will be discussed in more detail later in the preamble.
2. Section 49.11 Purpose and Scope
MSHA proposes to add the phrase, ``as amended by the Mine
Improvement and New Emergency Response Act of 2006,'' to update Sec.
49.11 Purpose and scope. This change is a technical amendment. The
proposed rule also would number the existing paragraph (a) and add a
new paragraph (b). Paragraph (b) would contain a table to provide mine
operators a quick visual summary of their new compliance obligations
under the MINER Act. As noted in the table (Table 49.11):
Team members of State-sponsored teams who are full-time State
employees whose primary job duties include (1) inspecting
underground mines for compliance with State safety laws or (2)
training mine rescue teams or (3) conducting mine safety training or
(4) other similar duties that would enhance their mine rescue
knowledge may substitute their regular job experience for 50 percent
of the training requirements (annual training which includes mine
rescue contests and mine-site training) for non-State employee mine
rescue team members.
MSHA requests comments on this provision, particularly on allowing
experience to substitute for 50 percent of the training requirements.
3. Section 49.12(b) Alternative Composition Requirements for Mine
Rescue Teams for Anthracite Coal Mines
Existing Sec. 49.2(b) requires mine rescue teams to have five
members and one alternate. MSHA is proposing this requirement for
underground coal mines as Sec. 49.12(b) and would add a provision
specifically to address underground anthracite coal mines that have no
electrical equipment at the face or working section.
Because mining methods and conditions in underground anthracite
coal mines are unique, anthracite mine operators have been granted
petitions for modification under section 101(c) of the Mine Act
allowing mine rescue teams covering these mines to be
[[Page 51322]]
comprised of three members each and one alternate team member to serve
both teams. In support of these petitions, anthracite mine operators
cited the following:
Most anthracite mines are not highly mechanized.
Production and maintenance work is done largely by hand, using simple
hand tools and equipment. Anthracite mines may have no underground
electric power or may have power only at the bottom of the hoist slope.
Typically, extraction occurs in a single face or
production area. Many anthracite mines are developed only short
distances underground, rarely more than several thousand feet.
Anthracite seams dip steeply and are often near vertical.
Openings are narrow and constricted. Access between levels is by means
of hardwood ladders through small, steeply pitched openings.
The hoist bucket, used to transport personnel, typically
can accommodate no more than four persons.
Rock dusting is not required because of the extremely low
combustibility of anthracite coal, caused by its low volatile content.
The average underground anthracite mine employs four
miners.
In the past 20 years, no more than one mine rescue team
has been needed in the anthracite region for rescue and recovery
activities. Further, no more than three rescue team members have
entered a working place at the same time during such activities.
In accordance with section 101(c) of the Mine Act, MSHA
investigated each petition of Sec. 49.2(b) from these small,
underground anthracite coal mines and made the following finding:
Considering this confirmation and the narrow width and
constricted openings, the limited capacity of hoist conveyances, the
pitched seam, the short travel distance from the slope bottom to the
working face, and the low combustibility of anthracite coal,
petitioner's alternative method of two mine rescue teams with three
members each is as safe as maintaining two teams of five members. As
such, it achieves the result of the standard to ensure the
availability of mine rescue capability for purposes of emergency
rescue and recovery.
On the basis of the petitions and the findings of its
investigations, MSHA granted 22 petitions for modification of Sec.
49.2(b) that allow anthracite coal mines to operate under the approved
alternate method. Currently, 10 underground anthracite coal mines
operate under this approved alternative method.
The proposed rule would allow anthracite coal mines, which have no
electrical equipment at the face or working section, to have two mine
rescue teams consisting of at least three members per team and one
alternate shared between both teams. This proposed provision is
consistent with the action taken in existing petitions for
modification.
4. Section 49.12(c) Alternative Experience Requirement for Members of
Contract Mine Rescue Teams
Existing Sec. 49.2(c) requires mine rescue team members to have
been employed in an underground mine for at least 1 year within the
past 5 years. MSHA is proposing this requirement for underground coal
mines as Sec. 49.12(c) and would add a provision specifically to
implement the requirement in the MINER Act for members of contract mine
rescue teams. The MINER Act requires that members of contract mine
rescue teams have ``a minimum of 3 years underground coal mine
experience that shall have occurred within the 10-year period preceding
their employment on the contract mine rescue team.''
The proposed rule would retain the existing provision that, for the
purpose of mine rescue work only, miners who are employed on the
surface but work regularly underground can use that time to meet the
experience requirement. MSHA also would waive the underground
experience requirement for those miners on a mine rescue team on the
effective date of the rule.
5. Section 49.12(f) Available Within 1 Hour Ground Travel Time From the
Mine Rescue Station
Existing Sec. 49.2(f) requires that no mine served by a mine
rescue team shall be located more than 2 hours ground travel time from
the mine rescue station with which the rescue team is associated. MSHA
is proposing this requirement for underground coal mines as Sec.
49.12(f). Proposed Sec. 49.12(f) revises existing Sec. 49.2(f) to
include the MINER Act requirement that the mine rescue team be
available at the underground coal mine within 1 hour ground travel time
from the mine rescue station. This change from 2 hours to 1 hour ground
travel time between the mine and its mine rescue station is intended to
ensure that a team will arrive at the mine more quickly in case of a
mine emergency.
MSHA projects that the availability of a team within 1 hour ground
travel time from the station to the covered mine would result in the
establishment of 28 additional mine rescue stations. This estimate is
based on the general locations of mines and mine rescue stations,
without consideration of road or traffic conditions, and the experience
and expertise of MSHA's technical staff in the Office of Coal Mine
Safety and Health. The Agency solicits comment on whether some existing
stations may need to be moved to meet this requirement. MSHA also
solicits comment on whether mine operators will encounter any
difficulties in meeting the requirements of the proposal. MSHA
specifically requests information, from members of the mining community
affected by this provision, on the number of additional mine rescue
teams and stations that would be needed to comply with this new
requirement. MSHA is particularly interested in: (1) How compliance
would be achieved; (2) location of new rescue stations; (3) make-up and
composition of new teams; and (4) any other information that might be
useful. MSHA is also interested in feasibility information, including
economic feasibility. The Agency requests that commenters include
specific information, such as cost or technical capability, in support
of their positions.
6. Section 49.13 Alternative Mine Rescue Capability for Small and
Remote Mines
Existing Sec. 49.3 provides alternative capability for small and
remote mines and is proposed as Sec. 49.13 for underground coal mines.
Proposed paragraphs (a) and (c)(3) would be revised to be consistent
with the 1-hour requirement of the MINER Act. These provisions would
require 1 hour ground travel time from the mine rescue station to the
covered mine and that the operator's application include the total
underground employment of any mines within 1 hour of the operator's
mine. Proposed paragraph (c)(2) would be revised to require that the
operator include the location of the mine rescue station serving the
mine.
7. Section 49.14 [Reserved]
Existing Sec. 49.4 provides alternative mine rescue capability for
special mining conditions. The proposed rule would not include this
provision in subpart B because it is not applicable to underground coal
mines.
8. Section 49.15(a) Mine Rescue Station
Existing Sec. 49.5(a) requires operators of underground coal mines
to designate, in advance, the location of the mine rescue station
serving the mine, except where alternative compliance is permitted.
Proposed Sec. 49.15(a) would require every operator of an
underground mine to designate, in advance, the location of
[[Page 51323]]
the mine rescue station serving the mine. The proposal would delete the
exception related to alternative compliance. This proposed provision is
consistent with the goals of the MINER Act.
9. Section 49.16(a) Alternative Equipment Requirement for Anthracite
Mines
Existing Sec. 49.6(a) requires mine rescue stations to have
specific amounts of equipment that are appropriate for two mine rescue
teams composed of five members and one alternate. MSHA is proposing
this requirement for underground coal mines as Sec. 49.16(a) and
adding a provision specifically to address underground anthracite coal
mines that have no electrical equipment at the face or working section.
Because MSHA allows mine rescue teams for underground anthracite
coal mines, which have no electrical equipment at the face or working
section, to have three members for each team and one alternate to serve
both teams, anthracite mine operators have submitted petitions for
modification under section 101(c) of the Mine Act to MSHA to allow the
mine rescue station to maintain eight self-contained oxygen breathing
apparatus and eight cap lamps and a charging station, rather than
twelve of each as required by the existing standard.
In accordance with section 101(c) of the Mine Act, MSHA
investigated each petition and made the following finding:
MSHA's investigation found that reducing the quantity of
equipment required to be purchased and maintained at the anthracite
mine rescue station to a quantity consistent with the requirements
of granted modifications currently in effect, which allow anthracite
mines to be covered by two mine rescue teams of three members each
and an alternate, will provide the same measure of protection to the
miners.
On the basis of these petitions and the findings of its
investigation, MSHA granted 17 petitions for modification of Sec.
49.6(a)(1) and (5) that allow each mine rescue station for anthracite
coal mines to have eight self-contained oxygen breathing apparatus,
eight cap lamps, and a charging rack, as the approved alternative
method. Currently, 10 underground anthracite coal mines operate under
this approved alternative method.
Proposed Sec. 49.16(a) would require that mine rescue stations
covering anthracite coal mines that have no electrical equipment at the
face or working section have at least the amount of equipment
appropriate for the number of mine rescue team members, consistent with
the action taken in existing petitions for modification. For three-
person teams and one alternate, this would mean seven self-contained
oxygen breathing apparatus and seven cap lamps; equipment required per
team rather than per team member, such as gas detectors, may not be
reduced.
10. Section 49.18(b) Training for Mine Rescue Teams
Under the existing standard, after completion of the initial
training, all team members must ``receive at least 40 hours of
refresher training annually. This training shall be given at least 4
hours each month, or for a period of 8 hours every 2 months.'' For
underground coal mines, this training includes training requirements in
existing Sec. 49.8(b)(1) through (b)(5), which would be redesignated
as Sec. 49.18(b)(1) through (b)(5) in this proposal.
The proposed rule would add a new paragraph (b)(6), which is
consistent with the goals of the MINER Act. It would require all mine
rescue team members, at least once during each 12-month period, to
participate in training that includes wearing mine rescue apparatus
while in smoke, simulated smoke, or an equivalent environment. While
some mine operators or training facilities may use actual smoke,
operators can use a nontoxic smoke, such as theatrical smoke, which is
harmless. An equivalent environment could include, for example,
training with glasses or face shields that reduce vision and simulate
smoke. This requirement would assure that mine rescue team members are
trained in realistic conditions.
This proposal also would increase the existing annual training
requirement from 40 to 64 hours, given at 8 hours every 2 months. This
increase is in response to requirements in the MINER Act for additional
mine rescue team training.
The MINER Act requires that team members be familiar with
operations of covered mines, have knowledge of the operation and
ventilation of covered mines, and train at covered mines. The MINER Act
requires mine rescue team members to participate in two mine rescue
contests each year. MSHA has determined that an additional 24 hours
training per year is necessary to cover training requirements in the
MINER Act, including participation in two mine rescue contests.
Therefore, a minimum of 64 hours of refresher training is necessary to
accommodate the existing and new MINER Act mine rescue team training
requirements.
MSHA has reviewed the Mine Safety Technology and Training
Commission (Commission) report on Improving Mine Safety Technology and
Training: Establishing U.S. Global Leadership (2006). This report
contained a number of recommendations addressing the training of mine
rescue teams. One recommended that the ``minimum amount of training
required of mine rescue team members should be increased to eight hours
per month,'' for a total of 96 hours annually. MSHA's proposal takes
the Commission's recommendation into consideration.
Although the proposal includes 64 hours of training, MSHA requests
comment on the proposed 64-hour training requirement. Specifically, the
Agency is interested in comment pertaining to whether the proposed
amount should be increased or decreased in the final rule. Commenters
should specifically address: the rationale for the amount of training;
the type of training; the number of hours of training that should be
required for specific activities; and the impact of such a requirement
on the mining industry's ability to form additional mine rescue teams
or retain current mine rescue team members.
Proposed paragraph Sec. 49.18(d) has been revised to be consistent
with the goals of the MINER Act by requiring the training courses to be
conducted by instructors who have been employed in an underground mine
and have had a minimum of 1 year experience as a mine rescue team
member or mine rescue instructor within the past 5 years. This
requirement is necessary to ensure that mine rescue team members are
instructed by persons with practical mine rescue experience. Mine
rescue team instructors who have received MSHA approval prior to the
effective date of the final rule would not have to meet these new
requirements.
C. Subpart B-Mine Rescue Teams for Underground Coal Mines; Additional
MINER Act Provisions
Section 4 of the MINER Act requires the following:
MSHA must establish, and update every 5 years thereafter,
criteria to certify the qualifications of mine rescue teams. MSHA is
proposing new Sec. 49.50 to address the criteria for certifying the
qualifications of coal mine rescue teams.
Underground coal mine operators must have an employee
knowledgeable in mine emergency response who is employed at the mine on
each shift and make available two certified mine rescue teams whose
members are available at the mine within 1 hour ground travel time from
the mine rescue
[[Page 51324]]
station. MSHA is proposing changes to existing Sec. 75.1501(a) to
address the requirement for an ``employee knowledgeable in mine
emergency response.''
Mine rescue team members must be knowledgeable,
experienced, and trained; participate in two mine rescue contests per
year; and participate in mine rescue training at each covered mine.
MSHA is proposing Sec. Sec. 49.30 and 49.40 to address these
qualification and training-related requirements for small and large
underground coal mines, respectively. In addition, MSHA is proposing
Sec. 49.60 to address requirements for a local mine rescue contest.
1. Section 75.1501(a) Person Knowledgeable in Mine Emergency Response
The MINER Act requires the operator to have a person employed on
each shift who is knowledgeable in mine emergency response. The
responsible person required by existing 30 CFR 75.1501 would meet some
of the requirements of this provision. Existing Sec. 75.1501(a)
requires that--
(a) For each shift that miners work underground, there shall be
in attendance a responsible person designated by the mine operator
to take charge during mine emergencies involving a fire, explosion
or gas or water inundations. The responsible person shall have
current knowledge of the assigned location and expected movements of
miners underground, the operation of the mine ventilation system,
the location of the mine escapeways, the mine communications system,
any mine monitoring system if used, and the mine emergency
evacuation and firefighting program of instruction.
MSHA is proposing to amend Sec. 75.1501(a) to require that the
responsible person also have current knowledge about the mine's
Emergency Response Plan and Mine Rescue Notification Plan. Under
section 2 of the MINER Act, all underground coal mine operators must
adopt an Emergency Response Plan, which must be approved by MSHA. MSHA
provides guidance to mine operators for preparing Emergency Response
Plans in a Program Policy Letter (PPL P06-V-10, 10/24/2006), and in the
Program Information Bulletin on Breathable Air (PIB 07-03, 02/08/2007).
The PPL and PIB are available on the MINER Act Single Source Page at
https://www.msha.gov.
MSHA is also proposing to require that the responsible person be
trained annually in mine emergency response coordination and
communication. In the event of a mine emergency, the responsible person
must be able to quickly initiate the Emergency Response Plan. New
requirements have been added to existing Sec. 75.1501 to ensure that
the responsible person understands and has knowledge of the procedures
and steps necessary to effectively respond to a mine emergency. The
responsible person must receive training in the following: organizing a
command center; directing firefighting personnel; deploying
firefighting equipment; directing mine rescue personnel; establishing a
fresh air base; deploying mine rescue teams; providing for mine gas
sampling and analysis; establishing security; initiating an emergency
mine evacuation; contacting emergency personnel; and communicating
appropriate information related to the emergency. This additional
training will enhance the responsible person's knowledge in mine
emergency response and will assure appropriate actions are taken in
emergency situations.
The proposed rule is performance-oriented and, therefore, does not
prescribe the duration of this training. Instead, the proposal allows
the operator to provide training appropriate to the unique conditions
of the mine and the experience of the miner being trained. The proposal
includes topics required to be addressed in the training. MSHA expects
the operator to assure that the responsible person is adequately
prepared to respond appropriately to mine emergencies. Consistent with
other MSHA training requirements, the proposed rule would require that
the operator certify by signature and date after each responsible
person has completed the training and that the certification be kept at
the mine for 1 year.
2. Section 49.20 Requirements for All Coal Mines
Proposed Sec. 49.20 would address MINER Act provisions that are
the same for all underground coal mine rescue teams, regardless of the
size of the operation. It would require the operator to make available
two certified mine rescue teams whose members are familiar with the
operations of each coal mine covered by the mine rescue team,
participate annually in two local mine rescue contests, and train at
the covered mines. The proposed rule contains criteria for the
certification of mine rescue teams for underground coal mines as Sec.
49.50 and requirements for a local mine rescue contest as Sec. 49.60
of this subpart.
a. Section 49.20(a)(1) Familiarity with Operations of Covered Mines.
MSHA considers ``familiarity'' with the operations of the covered
mine as first-hand experience of the underground mining conditions and
operations at a particular mine. MSHA expects that team members who
work at the covered mine would be familiar with that mine's conditions
and operations through participation in mine rescue training and
quarterly mine evacuation drills at the mine. Team members who do not
work at the covered mine would need to become familiar with its
operations by participating in mine rescue training at the mine. This
training would include: identifying the designated escapeways, intakes,
returns, the ventilation system, locations and types of fire fighting
equipment, the communication system, mine-wide monitoring system, and
the type of transportation equipment used at the mine. Also, team
members would need to be familiar with the location of the mine rescue
station, stored SCSRs, breathable air, hardened rooms, and other
emergency response equipment or supplies.
MSHA recognizes that the amount of time required to familiarize
teams with a particular mine will vary, depending on mining conditions.
For example, more complex mines and newer team members may require more
time. For this reason, MSHA is not proposing a minimum amount of time
for mine rescue team training underground at covered mines. MSHA
expects the operator to evaluate each team member to determine the
amount of training necessary for that person to become familiar with
operations at the covered mine.
b. Section 49.20(a)(2) Participation in Two Local Mine Rescue Contests.
The MINER Act adds a new training requirement that mine rescue team
members must participate in two local mine rescue contests annually.
Mine rescue contests are designed to sharpen skills and test the
knowledge of team members who would be called on to respond to a mine
emergency. Historically, mine rescue contests have provided individuals
with practical, hands-on experience and are one of the most effective
forms of training. Some team members who are regular participants in
contests have been called on in recent years to perform actual mine
rescue and recovery work. They have done so successfully and training
exercises, such as mine rescue contests, were essential to maintaining
a well-prepared team.
For the purpose of this requirement, MSHA would consider a two-day
contest, with a different competition and simulated mine rescue
exercise on each day, as two contests if the team participated on both
days. MSHA
[[Page 51325]]
expects that this would minimize costs for many teams, while providing
necessary training, because the team would have travel costs for only
one trip, rather than two trips. Another potential benefit is that this
provision would minimize team members'' absence from their mines where
they are available to respond in the event of an emergency.
c. Section 49.20(b) Requirements for Types of Mine Rescue Teams
The MINER Act introduces new terms to describe different types of
mine rescue teams: mine-site, composite, contract, and State-sponsored
teams.
A mine-site team is made up of team members who work at
the mine and train at least annually at the covered mine.
A composite team provides coverage for multiple mines and
has team members which include at least two active employees from each
covered mine who have knowledge of the operations and ventilation of
the covered mine and train semi-annually at the covered mine. A
composite team can be a multiple employer team, a team that provides
coverage for multiple mines owned by the same operator, or a State-
sponsored team.
A contract team is a mine rescue team that is provided by
an arrangement with another coal mine or with a third party. Members of
a contract team mine must have at least 3 years underground coal mine
experience within the 10-year period preceding their employment on the
contract mine rescue team. Contract teams would have to have knowledge
of the operations and ventilation of the covered mine and train
quarterly at a covered large mine and semi-annually at a covered small
mine. Although the MINER Act uses the phrase ``commercial mine rescue
team provided by contract,'' the proposal refers to these teams as
contract teams provided through an arrangement with another mine or a
third party.
A State-sponsored team is made up of State employees who
train at least annually at the covered mine.
MSHA invites comment regarding the types of State relationships
with teams and team members that would qualify the team members as
``employees'' and the team as ``State-sponsored.'' MSHA invites comment
regarding the types of teams that are available to mines having 36 or
fewer employees who could qualify to be a mine rescue team member and
whether these mines should be able to use other types of teams, such as
teams consisting of one miner per covered mine.
d. Knowledge of Operations and Ventilation at the Covered Mine
The MINER Act requires members of mine rescue teams covering small
underground coal mines, and composite and contract teams covering large
underground coal mines, to have knowledge of the operations and
ventilation at each covered mine. MSHA expects that this requirement
would be met when each team member reviews the mine's ventilation plan,
mine maps, roof or ground control plans, and mine emergency evacuation
plans. MSHA also expects that team members who work at the mine would
generally meet this requirement because they participate in the
quarterly mine emergency evacuation training and drills.
e. Mine Rescue Team Training at Each Covered Mine
The MINER Act requires members of mine rescue teams to participate
in training at each covered mine. MSHA interprets this to mean that at
least one of the training sessions must be conducted underground at the
covered mine. The number of training sessions required at the covered
mine would depend on the mine size and type of mine rescue team. In
accordance with the MINER Act, the Agency includes the following chart
to illustrate the required number of training sessions at each covered
mine each year by mine size and type of mine rescue team.
Table 1.--Frequency of Training for Mine Rescue Team Members at Each Covered Underground Coal Mine Each Year
----------------------------------------------------------------------------------------------------------------
Mine size
Type of team -------------------------------------------------------------------------
Large (>36) Small ([lE]36)
----------------------------------------------------------------------------------------------------------------
Mine Site............................. 1 (annually).......................... 2 (semi-annually).
Composite............................. 2 (semi-annually)..................... 2 (semi-annually).
Contract.............................. 4 (quarterly)......................... 2 (semi-annually).
State-sponsored....................... 1 (annually).......................... 2 (semi-annually).
----------------------------------------------------------------------------------------------------------------
MSHA notes that the MINER Act requires mine rescue teams servicing
mines with 36 or fewer employees to train at each covered mine semi-
annually. This requirement would appear to mean that mine-site teams
and State-sponsored teams, which are required to train at large mines
annually, would have to train at small mines semi-annually if they
service small mines. Although it is unclear why this added burden is
placed on small mines, MSHA included this provision, consistent with
the MINER Act. MSHA invites comment regarding this matter. Commenters
should explain any suggested alternatives, including supporting
documentation and data. MSHA also requests comment on whether this
training needs to be conducted underground at the covered mine.
f. Integration of Mine Rescue Team Training Requirements
As discussed earlier, the MINER Act requires two new categories of
training for mine rescue team members: participation in mine rescue
contests and participation in training at the covered mines. These
additional requirements complement the existing training in Sec. 49.8,
proposed as Sec. 49.18 for underground coal mine rescue teams. The
existing standard requires training sessions underground every 6
months; and team members to wear breathing apparatus for a minimum of 2
hours every 2 months. MSHA anticipates that operators will integrate
the new requirements, including mine rescue training at the covered
mines, with these existing requirements.
3. Section 49.30 Requirements for Small Coal Mines
Proposed Sec. 49.30 would be applicable to each underground coal
mine that has 36 or fewer employees who could qualify to be a mine
rescue team member. The MINER Act requires that members of mine rescue
teams covering these small mines know the operations and ventilation of
the mine.
[[Page 51326]]
4. Section 49.40 Requirements for Large Coal Mines
Proposed Sec. 49.40 would be applicable to each underground coal
mine that has more than 36 employees who could qualify to be a mine
rescue team member. The MINER Act requires that the mine operator of a
large mine designate either an individual mine-site team or a composite
team as one of the two mine rescue teams. The second mine rescue team
can be a mine-site, composite, contract, or State-sponsored team.
5. Section 49.50 Certification of Mine Rescue Teams
Section 4 of the MINER Act requires MSHA to establish, and update
every 5 years thereafter, criteria to certify the qualifications of
mine rescue teams. It also requires each operator of an underground
coal mine to designate two certified mine rescue teams. The proposed
certification criteria include a certification statement, equipment and
training requirements, and the frequency of certification. The proposal
would require that a mine operator certify that each of the mine's two
designated mine rescue teams meet the requirements of this section. To
meet the proposed requirement, the mine operator must submit an annual
certification statement to the District Manager. MSHA requests comments
on other alternatives for certification of mine rescue teams.
MSHA is proposing that, to be certified, the mine rescue team must
be available when miners are underground and within 1-hour ground
travel time from the mine rescue station to the mine; team members must
be physically fit, experienced working in an underground mine, and
properly trained; and the mine rescue station must be adequately
equipped. The criteria for these qualifications are contained in the
existing and proposed standards. For ease of understanding, the Agency
has developed a chart in which the proposed rule lists the criteria for
annual certification of mine rescue teams by the section number of the
existing and proposed standards in 30 CFR part 49. This chart is
proposed as Sec. 49.50, Table-49.50: Criteria to Certify the
Qualifications of Mine Rescue Teams.
MSHA has developed certification forms that operators may use to
assist them in complying with this section. These optional forms are
attached as an appendix to this rule. MSHA would provide the forms in
an electronic format and allow electronic filing. MSHA has posted the
forms on its Web site at https://www.msha.gov for comment and would
welcome any suggestions. MSHA would accept certification statements in
all formats, both electronic and paper.
6. Section 49.60 Requirements for a Local Mine Rescue Contest
Coal mine rescue team members must participate in two local mine
rescue contests annually. The proposed rule includes criteria for a
local mine rescue contest. The proposed rule also requires that the
mine operator provide information concerning the schedule of upcoming
local mine rescue contests to the District Manager when requested. MSHA
specifically requests comments on the following criteria for a local
mine rescue contest:
The contest must be conducted in the United States and use
MSHA-recognized rules.
The contest must include a minimum of three competing mine
rescue teams.
Team members must have the necessary equipment to
participate in a simulated mine rescue exercise; participate in a
simulated mine rescue exercise while being timed and observed by
trained judges who evaluate the performance of each team and provide
written feedback; and wear oxygen breathing apparatus.
Contest judges must have completed annual training for
mine rescue contest judges.
a. Criteria for a Local Mine Rescue Contest.
Contest Rules. MSHA-recognized rules are developed annually by the
National Mine Rescue Contest Rules Committee, comprised of mine rescue
associations and individuals from MSHA, State agencies, academia, and
the mining industry. MSHA publishes these National rules on its Web
site at https://www.msha.gov/MineRescue/CONTEST and gives training on
them for any interested persons each year at the National Mine Health
and Safety Academy. MSHA would allow contest organizers to use the
National Mine Rescue Contest Rules and other rules recognized by MSHA.
A consistent set of recognized rules would help mine rescue teams work
together more efficiently and effectively when responding to a mine
emergency.
Three Teams. In MSHA's experience, a mine rescue contest must have
at least three teams competing to provide a meaningful competition and
learning opportunity. Mine rescue contests are a vital element in
improving mine rescue team expertise. They increase mine rescue skills,
build team cohesiveness and trust, and broaden problem-solving
abilities. Requiring a minimum of three teams would reduce the
possibility of a competition between teams only from the same mine and
promote competitions among teams in close geographic proximity.
Team Members. Even though participation in a mine rescue contest is
considered a training exercise, team members must be prepared to
compete as if the contest were a real mine emergency. Team members must
have the necessary equipment to participate in a simulated mine rescue
exercise. Participation in a simulated mine rescue exercise while being
timed, observed, and judged provides a measure of stress. The mine
rescue contest is an opportunity to test the team member's level of
knowledge and skill under simulated mine emergency conditions. The
ability to make correct decisions quickly, while under stress and
wearing breathing apparatus, is a vital skill for each mine rescue team
member to develop.
Judges. In order for judges to administer the mine rescue contest
fairly and provide appropriate and meaningful feedback, judges should
have a strong background in contest rules and critiquing team member
performance. Each year, MSHA provides training at the National Mine
Health and Safety Academy for MSHA, State, industry, mine rescue team
personnel, simulated mine rescue exercise designers, and other
interested parties. This training is provided under a train-the-trainer
concept, thereby expanding the reach of the training. Persons attending
this training are then qualified to provide training to judges at the
local level. The training is titled, ``National Mine Rescue Rules and
Interpretations Training.'' This training is also Web cast to Western
Kentucky; Denver, Colorado; Birmingham, Alabama; and Price, Utah. This
training also includes time for a question and answer discussion.
The Agency solicits comments on whether there should be a minimum
amount of annual training prescribed for contest judges. In MSHA's
experience, training on contest rules and interpretations provides the
necessary background for evaluating and critiquing mine rescue team
performance. MSHA is considering allowing attendance at this training
to satisfy the requirement for annual training for judges. MSHA
requests comments on this approach or whether some other training is
more appropriate for mine rescue contest judges.
b. Notifying MSHA. The proposed rule requires mine operators to
notify the appropriate District Manager, on
[[Page 51327]]
request, when and where their designated teams plan to participate in
mine rescue contests. This notice would allow MSHA to attend the
contest and provide assistance. MSHA could verify that the contest
meets the requirements of Sec. 49.60 and achieves its purpose to
increase mine rescue skills, build team cohesiveness and trust, and
broaden problem-solving abilities.
c. Alternative to Participation in Local Mine Rescue Contests.
This proposal allows alternatives to local mine rescue contests so
long as the training provides equivalent skills development. Under the
proposal, Mine Emergency Response Development (MERD) drills could count
as equivalent training when the team participates in a realistic
simulation exercise, such as fire and explosion drills, while wearing
breathing apparatus. Other training that provides an equivalent
realistic simulation exercise, such as fire and explosion drills, can
substitute for participation in a local mine rescue contest. MSHA would
allow actual underground participation in a rescue or recovery
operation as a substitute for participation in a local mine rescue
contest. MSHA requests comments on other alternatives to participation
in local mine rescue contests.
IV. Preliminary Regulatory Economic Analysis
A. Executive Order 12866
Executive Order (E.O.) 12866 as amended by E.O. 13258 (Amending
Executive Order 12866 on Regulatory Planning and Review) requires that
regulatory agencies assess both the costs and benefits of regulations.
To comply with E.O. 12866, MSHA has prepared a Preliminary Regulatory
Economic Analysis (PREA) for the proposed rule. The PREA contains
supporting data and explanation for the summary materials presented in
this preamble, including the covered mining industry, costs and
benefits, feasibility, small business impacts, and paperwork. The PREA
is located on MSHA's Web site at https://www.msha.gov/REGSINFO.HTM. A
printed copy of the PREA can be obtained from MSHA's Office of
Standards, Regulations, and Variances at the address in the ADDRESSES
section of this preamble.
Executive Order 12866 classifies a rule as a significant regulatory
action requiring review by the Office of Management and Budget if it
has an annual effect on the economy of $100 million or more; creates a
serious inconsistency or interferes with an action of another agency;
materially alters the budgetary impact of entitlements or the rights of
entitlement recipients; or raises novel legal or policy issues. Based
on the PREA, MSHA has determined that the proposed rule would not have
an annual effect of $100 million or more on the economy and that,
therefore, it is not an economically ``significant regulatory action''
pursuant to section 3(f) of E.O. 12866. MSHA, however, has concluded
that the proposed rule is otherwise significant under Executive Order
12866 because it raises novel legal or policy issues.
B. Population at Risk
The proposed rule would apply to 653 underground coal mines and
cover 42,597 miners and 8,250 (non-office) contractors working at them.
Table 2 shows a summary distribution of mines, underground employment,
costs attributed to this proposal, and revenues for these underground
coal mines.
Table 2.--Summary Data for Underground Coal Mines
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of
Mine size A Number of mines Total number of employees B Annual revenue Annual cost Cost per mine
miners B underground (billions) (millions)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1-19........................................ 220 2,255 1,952 $0.3 $0.7 $3,100
20-500...................................... 420 32,852 29,742 9.8 2.3 5,500
>500........................................ 13 7,490 6,503 3.0 0.1 7,300
All Mines................................... 653 42,597 38,197 13.1 3.1 4,700
--------------------------------------------------------------------------------------------------------------------------------------------------------
A Size based on total mine employment, excluding office workers.
B Does not include 8,250 (non-office) contractor employees, 4,096 of which work underground.
C. Costs
As shown in Table 3, MSHA estimates that the proposed rule would
result in total yearly costs for the underground coal mining industry
of approximately $3.1 million. Disaggregated by mine size, yearly costs
would be $0.7 million (or approximately $3,100 per mine) for mine
operators with fewer than 20 employees; $2.3 million (or about $5,500
per mine) for mine operators with 20-500 employees; and $0.1 million
(or about $7,300 per mine) for mine operators with more than 500
employees. All cost estimates are presented in 2005 dollars.
[[Page 51328]]
[GRAPHIC] [TIFF OMITTED] TP06SE07.001
Specific to the mine rescue team proposed rule, MSHA has broken
down total compliance costs for mines with 1-36 employees and mines
with 37 or more employees. Of the $3.1 million total yearly cost of the
proposed rule, underground coal mines with 1-36 employees would incur
costs of approximately $1.3 million per year and underground coal mines
with 37 or more employees would incur costs of approximately $1.8
million per year.
In addition, the proposed rule would impose costs on State-
sponsored mine rescue teams. As shown in Table 4, the total yearly cost
of the proposed rule for State-sponsored mine rescue teams would be
about $132,000. Of this, $89,000 would be for training and $43,000
would be for participation in two local mine rescue contests.
[GRAPHIC] [TIFF OMITTED] TP06SE07.002
These cost estimates are based on a variety of key assumptions
regarding the response of industry and States to the proposed rule: (1)
28 mine rescue stations would be added to the 92 stations currently
serving underground coal mines; (2) an additional 56 mine rescue teams
would be formed; (3) none of the existing 145 mine rescue teams would
disband; and (4) the additional mine rescue teams would not impose any
costs on mine operators other than those itemized in the PREA. In
addition, although MSHA is aware that the requirements in the proposed
rule may place some pressure on States to increase the number of State-
sponsored mine rescue teams and stations, MSHA assumed no change in the
existing provision of these services in response to the proposed rule.
MSHA solicits comments on these and all other assumptions and data used
in the PREA.
D. Benefits
The purpose of this proposed rule is to enhance the availability
and effectiveness of mine rescue teams in the event of an emergency
situation at an underground coal mine. Mine operators often rely on
mine rescue teams to save miners during an underground emergency such
as an explosion, fire, roof fall, or water inundation. In such a
situation, the timely arrival of a properly-trained mine rescue team
can sometimes mean the difference between life and death. In most
instances, other types of rescue units, e.g., a rescue squad from the
local fire department, are unlikely to have the specialized training
and equipment to respond effectively to an emergency due to the
hazardous nature of the underground coal mine environment.
A good mine rescue team will have knowledge and familiarity with
the mine layout, including the location of working sections, mining
equipment, fire-fighting equipment, first aid supplies, transportation,
escapeways, and emergency shelters; know the mine's roof conditions and
ventilation system; and have an established working relationship with
mine management and among the team members. These factors provide for
more efficient decision-making during an emergency and increased
confidence in the personnel who implement these decisions.
MSHA has qualitatively determined that the proposed rule would make
coal mine rescue teams better able to respond to emergencies when a
quick response by rescue teams is vital to miners. The proposed rule
would improve overall mine rescue service in three areas:
It would improve mine emergency response time by requiring
that mine rescue team members be available at the mine within 1 hour
ground travel time from the mine rescue station.
It would increase the quality and effectiveness of
training by requiring team members to be familiar with the covered
mines'' operations, participate in training at the covered mines, and
participate in two local mine rescue contests.
It would strengthen the requirements for knowledge and
experience of mine rescue team
[[Page 51329]]
members by requiring them to have knowledge of the operations and
ventilation of the covered mines and by requiring contract team members
to have at least 3 years underground coal mine experience within the
10-year period preceding their employment on the contract team.
The proposed rule also would increase awareness of the mine
operator by requiring the mine operator to provide two certified mine
rescue teams and to have a person knowledgeable in mine emergency
response on each shift. The proposal includes criteria for certifying
the mine rescue teams and clarifies training requirements for the
knowledgeable person.
Team members employed at a given mine are exceptionally
knowledgeable in mine gases, ventilation, first aid, and other health
and safety subjects as they apply generally and at that specific mine.
Their level of mine rescue training, combined with their everyday
presence during the normal work cycle, provides an added measure of
safety for each worker at the mine.
V. Feasibility
MSHA has concluded that the requirements of the proposed rule are
technologically and economically feasible.
A. Technological Feasibility
This proposed rule is not a technology-forcing standard and does
not involve new scientific knowledge. The requirements of the rule
involve training and purchase of equipment and a requirement that the
mine rescue station be located closer, within 1 hour (rather than 2
hours) ground travel time to the covered mines. MSHA projects that this
requirement would necessitate additional mine rescue stations and mine
rescue teams. MSHA has concluded that the proposed rule is
technologically feasible.
B. Economic Feasibility
The total cost of the proposed rule is approximately $3.1 million
annually for all underground coal mine operators. These compliance
costs are well under one percent of the yearly revenues of $13.1
billion for these underground coal mine operators. MSHA concludes that
the amount of these costs supports its finding that the proposed rule
is economically feasible. MSHA solicits comments on this issue.
VI. Regulatory Flexibility Act and Small Business Regulatory
Enforcement Fairness Act
Pursuant to the Regulatory Flexibility Act (RFA) of 1980, as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA), MSHA analyzed the impact of the proposed rule on small
entities. Based on that analysis, MSHA notified the Chief Council for
Advocacy, Small Business Administration (SBA), and made the
certification under the Regulatory Flexibility Act at 5 U.S.C. 605(b)
that the proposed rule would not have a significant economic impact on
a substantial number of small entities. The factual basis for this
certification is presented in full in Chapter V of the PREA and in
summary form below.
A. Definition of a Small Mine
Under the RFA, in analyzing the impact of a proposed rule on small
entities, MSHA must use the Small Business Administration's (SBA's)
definition for a small entity, or after consultation with the SBA
Office of Advocacy, establish an alternative definition for the mining
industry by publishing that definition in the Federal Register for
notice and comment. MSHA has not established an alternate definition
and is required to use the SBA definition. The SBA defines a small
entity in the mining industry as an establishment with 500 or fewer
employees.
MSHA has also examined the impact of this proposed rule on
underground coal mines with fewer than 20 employees, which MSHA has
traditionally referred to as ``small mines.'' These small mines differ
from larger mines not only in the number of employees, but also in
economies of scale in material produced, in the type and amount of
production equipment, and in supply inventory. Therefore, the cost of
complying with MSHA's proposed rule and the impact of the proposed rule
on small mines will also be different. It is for this reason that small
mines are of special concern to MSHA.
In addition, MSHA has examined the cost of compliance for
underground coal mines with 36 or fewer employees, consistent with the
requirements of the MINER Act, to ensure that the proposed rule would
not significantly and adversely impact this subset of mines.
