Mine Rescue Teams, 7636-7655 [08-551]
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Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations
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: Final rule.
AGENCY:
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SUMMARY: The final rule revises MSHA’s
existing standards for mine rescue teams
for underground coal mines. This final
rule implements Section 4 of the Mine
Improvement and New Emergency
Response (MINER) Act of 2006 to
improve overall mine rescue capability;
to improve mine emergency response
time and mine rescue team
effectiveness; and to increase the
quantity and quality of mine rescue
team training.
DATES: Effective date: February 8, 2008.
Compliance dates: Each mine
operator shall comply with the
following sections by the dates listed
below.
1. § 49.12(h) by May 8, 2008.
2. § 49.12(f) and § 75.1501(a)(2) by
August 8, 2008.
3. § 49.40 by November 10, 2008.
4. §§ 49.18(b), 49.20(a), 49.20(b),
49.30, and 49.50 by February 9, 2009.
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
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
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A. The Unfunded Mandates Reform Act of
1995
B. The Treasury and General Government
Appropriations Act of 1999: Assessment
of Federal Regulations and Policies on
Families
C. Executive Order 12630: Government
Actions and Interference With
Constitutionally Protected Property
Rights
D. Executive Order 12988: Civil Justice
Reform
E. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. Executive Order 13272: Proper
Consideration of Small Entities in
Agency Rulemaking
I. Introduction
This final rule implements Section 4
of the Mine Improvement and New
Emergency Response (MINER) Act of
2006. MSHA’s objective, consistent with
the MINER Act, is to develop a final rule
that fosters an environment that results
in more preparation for mine rescue and
mine emergency response. The final
rule, like the proposal, retains all
existing standards as subpart A
applicable to underground metal and
nonmetal mines. The MINER Act is not
applicable to metal and nonmetal
mines. The final rule creates a new,
separate, subpart B containing existing
standards and MINER Act provisions for
underground coal mines. MSHA
developed this final rule based on the
provisions of the MINER Act, Agency
data and experience, testimony at the
public hearings, and the comments on
the proposed rule.
MSHA is providing delayed
compliance dates for some sections to
give mine operators the time needed to
comply with the stated requirements.
1. By May 8, 2008, each mine operator
must send the District Manager a
statement describing the mine’s method
of providing mine rescue coverage in
accordance with § 49.12(h).
2. By August 8, 2008—
• Each mine must have a mine rescue
station located no more than 1 hour
ground travel time from the mine in
accordance with § 49.12(f). If equipment
is not readily available, the operator
must have purchase orders for the
required equipment.
• The mine operator must have a
responsible person knowledgeable about
mine emergency response, who has
completed the course of instruction in
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mine emergency response prescribed by
MSHA in accordance with
§ 75.1501(a)(2).
3. By November 10, 2008, each
operator of a large mine must have
either an individual mine-site team or a
composite team as one of the mine’s
certified mine rescue teams in
accordance with § 49.40.
4. By February 9, 2009—
• Mine rescue team members must
have completed 96 hours of annual
training, including participation in two
local mine rescue contests and training
at each covered mine in accordance
with § 49.18(b).
• Each mine operator shall make
available two certified mine rescue
teams whose members are familiar with
the operations of the mine and have
participated in two local mine rescue
contests in accordance with § 49.20(a).
• Each team providing coverage to a
mine must be knowledgeable about the
operations and ventilation of the mine
in accordance with §§ 49.20(b) and
49.30.
• Each mine operator must certify to
the District Manager that each team
designated to provide mine rescue
coverage to the mine meets the
requirements for certification in
accordance with § 49.50.
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 Mine
Improvement and New Emergency
Response (MINER) Act of 2006, which
became effective on June 15, 2006. The
goal of the MINER Act is ‘‘to improve
the safety of mines and mining.’’
Section 4 of the MINER Act requires
that the Secretary issue regulations for
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, the final rule affects those
mines and the mine rescue teams that
cover them.
MSHA published the proposed rule
for Mine Rescue Teams in the Federal
Register on September 6, 2007 (72 FR
51320). The Agency held four public
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hearings on October 23, 2007, in Salt
Lake City, Utah; on October 25, 2007, in
Lexington, Kentucky; on October 30,
2007, in Charleston, West Virginia; and
on November 1, 2007, in Birmingham,
Alabama. In response to a request from
the public, MSHA extended the
comment period from November 9,
2007, to November 16, 2007. This action
allowed commenters sufficient time to
review the posted transcripts and
submit comments.
III. Section-by-Section Analysis
MSHA developed this final rule based
on the provisions of the MINER Act,
Agency experience, testimony at the
public hearings, and the comments on
the proposed rule.
A. Technical Amendments to Existing
Standards
This final rule makes no substantive
change to requirements for mine rescue
teams at underground metal and
nonmetal mines; however, it makes the
following non-substantive
organizational changes to 30 CFR part
49.
• The final rule adds a heading
designating the existing standards as
Subpart A—Mine Rescue Teams for
Underground Metal and Nonmetal
Mines; but makes no changes to §§ 49.1
through 49.9.
• The final rule deletes § 49.10
Effective date, which is obsolete.
B. Subpart B
Subpart B contains all the standards
applicable to mine rescue teams for
underground coal mines. The final rule
revises existing standards to implement
the provisions and achieve the goals of
the MINER Act, and to address the
unique conditions present in anthracite
coal mines. The final rule also revises
existing § 75.1501(a) in 30 CFR part 75
to implement a MINER Act requirement.
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 a local
mine rescue contest.
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1. New Subpart B and the
Reorganization of Part 49
The final rule, like the proposal,
retains all existing standards as subpart
A applicable to underground metal and
nonmetal mines and creates a new,
separate, subpart B containing existing
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standards and the MINER Act
provisions for underground coal mines.
In the proposal, MSHA requested
comments on the re-organization of 30
CFR part 49. Commenters supported the
re-organization and thought that it was
beneficial in eliminating confusion. A
commenter expressed concern regarding
use of separate standards for different
industries and urged MSHA to be
cautious of this approach. MSHA’s
approach in the final rule is consistent
with the Agency’s longstanding practice
of having separate standards for
different industries.
MSHA also requested comments on
whether the proposal would result in
different approaches to providing mine
rescue services and, if so, what those
approaches would be. Commenters
expressed a variety of concerns, most
related to team composition and
training at each covered mine.
2. Section 49.11 Purpose and Scope
The final rule, like the proposal, adds
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
final rule also designates the existing
provision as paragraph (a) and adds a
new paragraph (b). Paragraph (b)
contains Table 49.11, which provides
mine operators a summary of new
MINER Act requirements. As noted
following the table, state employees,
whose primary job duties include (1)
inspecting underground mines for
compliance with state safety laws, (2)
training mine rescue teams, or (3) other
similar duties that would enhance their
mine rescue knowledge, can substitute
their regular job experience for 50
percent of the annual training
requirements, including mine rescue
contests and mine-site training.
MSHA requested comments on
allowing State employees on mine
rescue teams to substitute their job
experience for 50 percent of the annual
training requirements. Most commenters
agreed that job duties can substitute for
some of the required training. One
commenter suggested that job
experience should substitute for all
training requirements. Some
commenters stated that all mine rescue
team members should be allowed to
substitute job experience for training
requirements. Several commenters
stated that individual job duties should
not be allowed to substitute for any
mine rescue team training for any mine
rescue team members.
State employees on mine rescue teams
involved in full-time inspection and
mine rescue training activities have
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developed an expertise that will
enhance mine rescue team emergency
response capabilities. They are
dedicated professionals who are familiar
with mines they cover and
knowledgeable about mine rescue and
other areas of mine safety and health
training. On a daily basis, they are
exposed to a variety of mining
environments, complex conditions,
different problems, and new issues. This
affords them a broad perspective into
the safety and health objectives
pertaining to mine rescue and mine
rescue training.
MSHA recognizes the knowledge and
experience state employees on mine
rescue teams gain in the performance of
their jobs. MSHA agrees with the
commenters supporting the note to
Table 49.11. Under the final rule, fulltime state employees on mine rescue
teams must complete at least 48 hours
of refresher training annually, including
participation in at least one local mine
rescue contest and training at each
covered mine at least once every year.
3. Section 49.12
Rescue Teams
Availability of Mine
(a) § 49.12(b) Alternative Composition
Requirements for Mine Rescue Teams
for Anthracite Coal Mines
The final rule, like the proposal,
includes requirements for mine rescue
teams serving underground anthracite
coal mines with no electrical equipment
at the working section. The final rule is
derived from petitions for modification,
which MSHA has historically granted
under section 101(c) of the Mine Act,
because mining methods and conditions
in underground anthracite coal mines
are unique. For these mines, MSHA
requires mine rescue teams to be
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
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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.
Most anthracite mines are small
(average 5 employees) and could not
have their own mine site teams, are
located in the same geographical area,
and belong to an association called
‘‘Anthracite Underground Rescue’’
(AUGR). AUGR and the Pennsylvania
Bureau of Mine Safety (Bureau) have an
agreement for mine rescue training.
AUGR provides qualified miners to be
trained in mine rescue and the State
provides a mine rescue station,
equipment, and a trainer. These teams
cover all the anthracite mines.
Commenters supported this provision.
One commenter stated that the proposed
alternative does not benefit two small
anthracite mines that have electrical
face equipment and they can not
realistically start their own company
teams. This commenter urged MSHA to
consider these teams as composite, but
not require team members from each
covered mine. The final rule does not
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expand the proposed provision to
underground anthracite coal mines with
electrical equipment at the face or
working section. This final provision is
consistent with MSHA’s action on
existing petitions for modification.
(b) § 49.12(c) Alternative Experience
Requirement for Members of Contract
Mine Rescue Teams
The final rule, like the proposal and
consistent with 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
final rule retains the existing provision
that requires mine rescue team members
to have been employed in an
underground mine for at least 1 year
within the past 5 years. MSHA received
no comments on this provision.
One commenter objected to allowing
a surface employee who regularly works
underground to claim such time to meet
the experience requirement. The final
rule retains this existing provision; the
proposal did not address it.
Another commenter asked that MSHA
clarify what it means to work
underground ‘‘regularly.’’ For the
purpose of this provision, MSHA
considers ‘‘regularly works’’ to mean
that the member has recurring job duties
at each mine, exposing the member to
the mine’s underground operations,
conditions, and environment. For
example, this may include surveyors,
engineers, safety personnel, electricians,
and maintenance and service personnel.
Several commenters requested that
MSHA waive this requirement for
current mine rescue team members who
are employed on the surface. Like the
proposal, the final rule waives the
underground experience requirement
for those miners on a mine rescue team
on February 8, 2008.
4. § 49.12(f) Available Within 1 Hour
Ground Travel Time From the Mine
Rescue Station
The final rule, like the proposal,
includes the MINER Act requirement
that 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. This provision will assure
that a team will arrive at the mine more
quickly in case of a mine emergency.
MSHA received numerous comments
on this proposal. Commenters
questioned whether this provision
would improve safety in an actual
emergency. Commenters noted that
there have been no instances where a
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team’s arrival delayed a rescue
operation and stated that the provision
is not justified. Several commenters
indicated that the proposal is infeasible
for some western coal mines, which are
geographically isolated. Likewise, some
commenters indicated that rugged
terrain in Central Appalachia hinders
ground travel, making compliance
difficult. A few commenters stated that
the proposal will cause the relocation of
stations further from some mine sites,
disrupt current team coverage, and may
result in mine closures. Many
commenters indicated that a sufficient
number of volunteers may not be
available to form additional teams
needed for new mine rescue stations.
Commenters stated that the
establishment of new and relocation of
existing rescue stations is an
unnecessary, burdensome expense, with
no benefit to mine safety.
Commenters suggested that MSHA
grandfather existing mine rescue
stations and current coverage
arrangements. Commenters also
suggested that MSHA allow the District
Manager to grant waivers of the 1 hour
ground travel time for existing teams
and stations, but only up to 2 hours.
Commenters also asked MSHA to
consider alternatives, including the use
of air transportation and emergency
escorts.
One commenter did not believe the 1hour provision would cause undue
hardship. One commenter stated that
more rescue stations would likely be
created, resulting in teams getting to the
mines sooner. Consistent with the
MINER Act, the final rule includes the
1-hour requirement.
5. Section 49.13 Alternative Mine
Rescue Capability for Small and Remote
Mines
The final rule, like the proposal,
retains the existing provision for
alternative capability for small and
remote mines. It requires that the
operator’s application include the total
underground employment of any mines
within 1 hour of the operator’s mine, to
be consistent with the 1-hour
requirement of the MINER Act. It also
requires that the operator include the
location of the mine rescue station
serving the mine. Commenters
suggested alternatives that the District
Manager should consider for small and
remote mines. Other commenters stated
that this provision should not be used
to allow remote operations with large
numbers of miners to circumvent the
MINER Act requirement for two teams.
For clarification, MSHA notes that this
provision, which was in the existing
standard, requires a mine to be both
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small and remote before it can file an
application.
6. Section 49.14 [Reserved]
The final rule, like the proposal, does
not include this provision in subpart B
because it is not applicable to
underground coal mines. MSHA
received no comments on this proposal.
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7. Section 49.15(a) Mine Rescue
Station
The final rule, like the proposal,
removes the exception related to
alternative compliance. The final rule
makes no change from the proposal.
This final rule is consistent with the
goals of the MINER Act. MSHA received
no comments on this proposal.
8. Section 49.16(a) Alternative
Equipment Requirement for Anthracite
Mines
The final rule, like the proposal, adds
a provision to address underground
anthracite coal mines that have no
electrical equipment at the face or
working section. Through the petition
for modification (PFM) process, 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. These
operators have submitted petitions for
modification 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.
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.
The final rule requires 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. Under
the final rule, equipment required per
team, such as gas detectors, may not be
reduced. No commenters objected to
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this provision, so long as it is consistent
with the provisions in the petitions for
modification.
9. Section 49.17 Physical requirements
for Mine Rescue Team
Like the proposed rule, the final rule
maintains the existing physical
requirements for mine rescue teams.
Commenters suggested that MSHA
modify the rule to allow the use of
corrective glasses in determining distant
visual acuity. Although MSHA
considered this suggestion, it is beyond
the scope of the rulemaking.
10. Section 49.18 Training for Mine
Rescue Teams
The final rule, like the proposed rule,
retains the existing requirements. In the
final rule, MSHA has removed obsolete
language in § 49.18(a) related to waiver
of initial training. All existing teams
meet the initial training requirement,
making it unnecessary to waive.
Like the proposal, the final rule adds
paragraph (b)(6), which requires 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. Commenters
agreed that training in smoke afforded
teams skills that would be useful in an
actual mine emergency and that several
mine rescue teams already perform this
training. Although some mine operators
or training facilities use actual smoke,
operators can use a nontoxic theatrical
smoke, which is harmless. For the
purposes of this provision, an
equivalent environment could include
training with glasses or face shields that
reduce vision and simulate smoke. This
requirement assures that mine rescue
team members train in realistic
conditions.
The final rule increases the 40-hour
annual refresher training requirement to
96 hours from 64 hours in the proposed
rule. This training must be provided at
least 8 hours every 2 months. This
increase is in response to comments and
is consistent with the goals and
objectives of the MINER Act and the
recommendations of the Mine Safety
Technology and Training Commission
(Commission). Some commenters
supported the existing requirement of
40 hours of annual training. These
commenters generally were concerned
that small mines do not have the
resources to allow training during work
hours and that an increase in this
training could affect the mine rescue
teams’ ability to attract volunteers.
Other commenters suggested 48 hours of
annual training was appropriate. They
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suggested 8 hours of training every 2
months, for a total of 48 hours. They
indicated that the increased training
time may conflict with mine-site duties,
which might preclude experienced
miners from participating on rescue
teams.
Other commenters were not opposed
to the proposed 64 hour training
requirement. Several noted that their
teams’ annual training currently exceeds
64 hours. These commenters noted that
the content and quality of this training
is more important than the total number
of training hours. They requested more
flexibility in scheduling training, stating
that some mine rescue training occurs
irregularly, depending on weather
conditions and contest schedules.
Other commenters recommended that
the annual training requirement be
increased to a minimum of 96 hours,
given at 8 hours each month. In support
of this recommendation, they cited the
Commission’s report on Improving Mine
Safety Technology and Training:
Establishing U.S. Global Leadership
(2006). The Commission, composed of
members from a cross-section of the
mining community, industry, labor,
academia, government, including mine
rescue practitioners, recommended a
minimum of 96 hours of annual
training, at 8 hours each month. One
commenter also stated that participating
in mine rescue contests should not be
considered as part of this 96 hours of
annual training.
Based upon the comments, the
Commission’s report, and Agency data
and experience, in the final rule MSHA
has increased the amount of annual
training to 96 hours. In making this
decision, MSHA determined that
additional annual refresher training is
necessary to fully address all of the
training requirements in the MINER Act.
MSHA also agrees with commenters’
suggestions and the Commission’s
report that additional training is
necessary to adequately prepare for
mine rescue team service. In addition,
based on the Commission’s
recommendations and MSHA’s
experience, MSHA anticipates that this
additional training will provide an
incremental increase in safety for
underground coal miners. Therefore, the
final rule increases training from the
proposed 64 to 96 hours.
In addition to existing requirements,
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. Also,
teams under paragraph (b)(6) need to
train in smoke, simulated smoke, or an
equivalent environment once annually.
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In order to further improve their skills,
teams may also participate in Mine
Emergency Response Development
(MERD) exercises or other practical
simulation exercises, such as a fire or
explosion drills. This type of training
further enhances teams’ skills in
interacting with a command center.
Recommended training could also
include: first responder training,
communications, mine gases, gas
detectors, new technology, heat stress,
and hazard training unique to the
covered mines. In addition, skills
training may include building
temporary stoppings and seals, using a
foam generator underground, and using
an air lock to rescue survivors. This
additional training will enhance teams’
skills and abilities.
The MINER Act also requires mine
rescue team members to participate in
two local mine rescue contests each
year. The final rule will allow up to 16
hours of credit for participation in the
two required mine rescue contests.
Some commenters objected to including
mine rescue contests as a part of the
annual training requirement, while
others favored such a requirement.
Commenters stated that mine rescue
contests are designed to increase rescue
team skill levels and to facilitate
interaction between various rescue
teams. MSHA agrees. MSHA believes
that mine rescue contests serve a vital
role in achieving the purpose of the
MINER Act to improve the safety of
mines and mining. Historically, they
have served to assure that mine rescue
teams are well-trained and capable of
responding to mine emergencies. Under
existing Agency policy, MSHA allows
up to 8 hours credit for mine rescue
contests toward the annual training
requirement. In recognition of the
critical need for the team to travel
efficiently from the mine rescue station
to the covered mine, under the final
rule, travel time can be counted toward
fulfilling the 96 hour requirement.
While the final rule increases the total
amount of annual refresher training, it
retains the requirement that the training
occur at least 8 hours every 2 months.
Taking into consideration comments
that mine rescue training occurs
irregularly, depending on weather
conditions and contest schedules,
MSHA decided not to reduce the
flexibility of scheduling training. Based
on MSHA data and experience, 8 hours
of training every 2 months is necessary
to avoid skills degradation. As the
Commission’s report states,
The nation’s mine rescue capability rests
more heavily on training than on any other
aspect of the mine emergency response
system. Especially since emergency incidents
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are relatively rare, the predominant way
teams keep their skills sharp, and develop
cohesion, enthusiasm, and trust, is through
training.
The final rule, like the proposed rule
and the existing standard, requires that
the training courses 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. A
commenter suggested that MSHA allow
experienced underground miners to
become instructors even though they do
not have 1 year experience as a mine
rescue team member. MSHA has not
included this suggestion in the final rule
to assure 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 this requirement.
C. Subpart B—Mine Rescue Teams for
Underground Coal Mines; Additional
MINER Act Provisions
1. Section 75.1501(a) Person
Knowledgeable in Mine Emergency
Response
The final rule, like the proposal,
requires that the responsible person be
trained annually in a course of
instruction in mine emergency
response. This provision implements
the MINER Act requirement that the
operator have a person employed on
each shift who is knowledgeable in
mine emergency response. The final
rule requires that the responsible person
be trained in a course prescribed by
MSHA’s office of Educational Policy
and Development.
The majority of commenters
expressed concern that the proposal
placed too much responsibility on one
person. Some of these commenters
thought that the proposal required the
responsible person to conduct the
activities listed in the proposal, rather
than to be trained in those activities.
Other commenters expressed concern
that the proposal contained excessive
training requirements and that the
training areas listed were not
sufficiently described. One commenter
indicated that MSHA must establish and
require a standard minimum curriculum
along with recommended times for each
topic.
In response to comments, MSHA has
clarified the final rule to require that the
responsible person be trained in a
course which includes topics listed in
the rule. The rule does not establish any
new duties for the responsible person.
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Further, in response to comments, the
course for the responsible person will be
based on a curriculum prescribed by
MSHA and placed on the Agency’s Web
site. MSHA is developing this course in
mine emergency response to assure
consistent and comprehensive training.
Commenters further requested that the
final rule include a recommended
duration of time for this training. In
light of the fact that MSHA is
developing the curriculum for this
course, MSHA does not believe that it
is either necessary or appropriate to
specify a duration for this training.
Consistent with other MSHA training
requirements, the final rule, like the
proposal, requires 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. MSHA
received no comments on this aspect of
the proposal.
2. Section 49.20 Requirements for All
Coal Mines
The final rule addresses MINER Act
provisions that are the same for all
underground coal mine rescue teams,
regardless of the size of the operation.
It requires 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.
a. Section 49.20(a)(1) Familiarity With
Operations of Covered Mines
This final rule, like the proposal,
requires two certified mine rescue teams
whose members are familiar with the
operations of the mine and participate at
least annually in two local mine rescue
contests. One commenter stated that
while MSHA’s understanding of
‘‘familiarity’’ is acceptable for the
knowledge a miner would posses in
order to safely perform job duties, it
does not adequately describe the level of
knowledge a mine rescue team member
should posses in order to carry out
rescue and recovery duties. Commenters
indicated that familiarity with the
covered mine was necessary but did not
agree with the frequency of training at
the covered mine.
The final rule adopts the MINER Act
requirement of ‘‘familiarity’’ with the
operation of the coal mine. Under the
final rule, 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. Team
members who do not work at the
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covered mine become familiar with its
operations by participating in mine
rescue training at the mine. Training at
the mine may 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 need to be
familiar with the location of stored
SCSRs, lifelines, 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,
teams may need more time to become
familiar with complex mines and newer
team members may require more time to
achieve this familiarity. For this reason,
MSHA is not requiring a minimum
amount of time for mine rescue team
training underground at each covered
mine. MSHA expects the operator to
effectively evaluate each team member
to determine the amount of training
necessary for that person to become
familiar with operations at the covered
mine. MSHA expects that a portion of
each required training session at the
mine be conducted in the mine.
b. § 49.20(a)(2) Participation in Two
Local Mine Rescue Contests
Like the proposal, the final rule
includes the MINER Act requirement
that mine rescue team members
participate in two local mine rescue
contests annually.
Commenters expressed concern with
the criteria for, and quality of, mine
rescue contests. They were concerned
about the availability of acceptable
contests. MSHA addresses commenters’
concerns with criteria for mine rescue
contests in the discussion of § 49.60,
which addresses requirements for a
local mine rescue contest.
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.
A commenter stated that participation
in two back-to-back contests is
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counterproductive because the teams
need time to analyze and discuss in
depth their performance during the
contest. Contest judges evaluate teams
and provide a written evaluation and
score after each contest. Contest judges
will evaluate each team and judge if the
team demonstrates acceptable skills to
be certified. A copy of the judge’s
evaluation will be submitted to the
District Manager. MSHA expects that
teams learn from constructive feedback
and their experiences during contests.
In response to this comment, MSHA has
changed the proposed criteria for a local
mine rescue contest in the final rule to
clarify that a contest consists of one or
more problems on one or more days
with a determined winner.
c. § 49.20(b) Requirements for Types of
Mine Rescue Teams
The final rule, like the proposal,
provides for four types of mine rescue
teams, consistent with the MINER Act.
In response to comments, MSHA has
included clarifying changes in the final
rule.
Commenters generally expressed
concern that the description of teams in
the MINER Act did not adequately
encompass the variety of arrangements
for mine rescue service or the
composition of mine rescue teams that
are currently available to the mining
community. Commenters indicated that
this provision would disrupt existing
mine rescue service, which would be
contrary to the goals of the MINER Act.
They cautioned that the proposal could
result in: Disbanding experienced mine
rescue teams; replacing experienced
team members with inexperienced ones;
inability to attract volunteers to join
mine rescue teams; mines losing current
coverage arrangements, and possibly
mine closures.
Commenters objected to the
differences in training requirements for
large and small mines. In particular,
commenters expressed concern that the
training differences between types of
teams were illogical, requiring mine-site
and state-sponsored teams to train more
often at each covered small mine than
at each covered large mine. Other
commenters stated that mine size and
complexity should determine the
frequency of training at the covered
mine, not the type of team.
Commenters objected to the proposed
requirement that composite teams from
small mines need to include two miners
from each covered mine. They were
concerned about the ability of small
mines to generate two volunteers due to
their employment. They indicated that
small mines are less likely to be able to
spare a miner to perform mine rescue
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training or service. A commenter,
however, indicated that small mines
should be required to have two team
members on composite teams.
Several commenters suggested
allowing a company team, composed of
miners who work for an operator of
multiple mines, to be considered a
mine-site team so they would not need
to have two team members from each
covered mine. Commenters also
expressed concern that requiring two
members from each covered mine may
result in teams with too many members,
creating logistical training problems and
excessive costs.
With regard to state-sponsored teams,
several commenters suggested that
teams composed of non-state employees
who use mine rescue equipment and
stations provided by the state be
considered a state-sponsored or
composite team instead of a contract
team. Some commenters stated that
State-sponsored composite team
members should be considered state
employees to get credit for the time in
training at the mine in which they work.
In response to commenters’ concerns
that the proposal did not effectively
encourage the creation of new mine site
teams, the final rule requires mine-site
teams to train annually at each covered
small mine. MSHA expects this change
to encourage more mine-site teams. The
final rule also requires state-sponsored
teams to train annually instead of semiannually at each covered small mine.
Additionally, at small mines only, the
final rule allows composite teams to
have one member from each covered
small mine. Also in response to
comments, for the purpose of mine
rescue team membership, a member
employed by an operator of multiple
mines is considered to be an employee
of each mine at which the member
regularly works. In this section, MSHA
considers ‘‘regularly works’’ to mean
that the member has recurring job duties
at each mine, exposing the member to
the mine’s underground operations,
ventilation, conditions, and
environment. For example, these
employees may include surveyors,
engineers, safety personnel, electricians,
and maintenance and service personnel.
One commenter questioned the use of
‘‘a’’ covered mine in the proposal,
believing that MSHA meant ‘‘each’’
covered mine. In response to this
comment, the final rule includes the
term ‘‘each’’ covered mine.
d. Knowledge of Operations and
Ventilation at the Covered Mine
The final rule, like the proposal,
requires members of mine rescue teams
to have knowledge of the operations and
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ventilation at each covered mine.
Generally, this would require each team
to review the mine’s ventilation maps,
roof or ground control methods,
emergency response plan,
transportation, and communication
system.
e. Mine Rescue Team Training at Each
Covered Mine
The final rule, like the proposal,
requires that members of mine rescue
teams must participate in training at
each covered mine, consistent with the
MINER Act, MSHA interprets the intent
of the MINER Act to require that at least
a portion of the training at each covered
mine must be conducted underground.
Commenters objected to the
requirement that teams train at each
covered mine. They stated that this
training is impractical, overly
burdensome, unnecessary, and may
negatively affect the ability to attract
new team members. In particular,
commenters indicated that travel and
training time is excessive for contract
teams. Several commenters suggested
that, to alleviate this burden, team
members be allowed to rotate training at
each covered mine so that each team
member trains at each covered mine at
least annually. Some commenters
suggested that only two members of
each team be required to train at each
covered mine and they would brief the
team. A commenter suggested that, if
the team does not complete training at
each covered mine, the team should not
be used as a first responder.
Under the final rule, the number of
training sessions required at the covered
mine depends on the mine size and type
of mine rescue team. The following
chart illustrates the required number of
training sessions at each covered mine.
TABLE 1.—FREQUENCY OF TRAINING FOR MINE RESCUE TEAM MEMBERS AT EACH COVERED UNDERGROUND COAL MINE
EACH YEAR
Mine size
Type of team
Large
(more than 36)
Mine Site ..................................................................................................
Composite ................................................................................................
Contract ....................................................................................................
State-sponsored .......................................................................................
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In response to comments, the final
rule includes § 49.20(d) to clarify that a
portion of the training at each covered
mine must be conducted underground.
f. Integration of Mine Rescue Team
Training Requirements
The two new categories of training for
mine rescue team members,
participation in mine rescue contests
and participation in training at the
covered mines, complement the existing
training. The final rule retains existing
requirements for training sessions
underground every 6 months; and the
wearing of breathing apparatus for a
minimum of 2 hours every 2 months.
MSHA expects operators to integrate the
new requirements, including mine
rescue training at the covered mines,
with the existing requirements.
g. Section 49.20(c) Employee of
Multiple Mines
The final rule adds this paragraph in
response to comments. Commenters
requested that the Agency clarify, for
mine rescue team purposes only, the
employment status of an employee who
works at multiple mines for a single
operator. For the purpose of mine rescue
team membership, this new provision
allows a team member employed by an
operator of multiple mines to be
considered an employee of each mine at
which the member regularly works. In
this section, MSHA considers ‘‘regularly
works’’ to mean that the member has
recurring job duties at each mine,
exposing the member to the mine’s
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1
2
4
1
(annually) ...................................
(semi-annually) ..........................
(quarterly) ...................................
(annually) ...................................
underground operations, conditions,
and environment. For example, this may
include surveyors, engineers, safety
personnel, electricians, and
maintenance and service personnel.
3. Section 49.30 Requirements for
Small Coal Mines
The final rule, like the proposal,
requires that members of mine rescue
teams covering a small mine know the
operations and ventilation of the mine.
In response to comments, MSHA
clarifies that small coal mines applies to
mines with 36 or fewer underground
employees. Commenters asked MSHA to
clarify how the Agency would
determine employment for purposes of
the rule. MSHA recognizes that a small
mine’s employment may fluctuate from
time to time. MSHA expects operators to
use data reported to MSHA for the
quarterly employment and coal
production report required in § 50.30 to
determine the number of underground
employees working at a mine.
4. Section 49.40 Requirements for
Large Coal Mines
The final rule, like the proposal,
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,
consistent with the MINER Act. The
second mine rescue team can be a minesite, composite, contract, or Statesponsored team. MSHA clarifies that
large coal mines applies to mines that
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Small
(36 or fewer)
Sfmt 4700
1
2
2
1
(annually).
(semi-annually).
(semi-annually).
(annually).
have more than 36 underground
employees. MSHA recognizes that a
large mine’s employment may fluctuate
from time to time. MSHA expects
operators to use the data reported to
MSHA for the quarterly employment
and coal production report required in
§ 50.30 to determine the number of
underground employees working at a
mine.
5. Section 49.50
Rescue Teams
Certification of Mine
The final rule establishes criteria to
certify the qualifications of mine rescue
teams, consistent with the MINER Act.
a. § 49.50(a)
Certification Criteria
The final rule, like the proposal,
requires that a mine operator certify that
each of the mine’s two designated mine
rescue teams meet the requirements of
this subpart. The certification criteria
include a certification statement,
equipment and training requirements,
and the frequency of certification. As in
the proposed rule, 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 final
rule.
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A commenter asked MSHA to clarify
whether a mine rescue team member
may complete an annual certification
statement. Like the proposal, the final
rule does not address who completes
the annual certification statement. To
comply with this requirement, the mine
operator must certify and submit the
annual certification statement to the
District Manager.
One commenter objected to operator
certification of mine rescue teams
because it does not provide for an
objective review of a team’s abilities.
This commenter also expressed concern
about MSHA’s ‘‘lifetime certification’’ of
mine rescue instructors and suggested
that MSHA require instructors to
demonstrate routinely their skill and
understanding of mine rescue. The final
rule provides that a local mine rescue
contest is training that provides an
objective evaluation of demonstrated
mine rescue team skills. MSHA
considers the evaluations of team
performance at the two required local
mine rescue contests to be an objective
test and evaluation of a mine rescue
team’s abilities.
In response to comments, MSHA has
added a requirement in the certification
table that judges must certify the results
of the two local contests. This will serve
to provide further evidence of an
objective evaluation of a team’s abilities.
The final rule requires that contest
judges complete annual training for
mine rescue contest judges. As required
by the final rule, a local mine rescue
contest must use the National Mine
Rescue Contest rules, or other rules
recognized by MSHA. Contest judges
receive comprehensive training on
contest rules. At each contest, each
mine rescue team has a problem. In
general, judges use the following criteria
to evaluate team performance: (1)
Communication with team members; (2)
Time taken to solve problem; (3)
Accuracy of markings, e.g. on maps; (4)
Team effectiveness in solving problem;
(5) Team effectiveness in handling first
responder activities, e.g. first-aid; and
(6) Team’s use of technology, e.g. testing
for methane and other gasses. Teams
receive discounts for mistakes, and an
overall score. Periodically, MSHA will
monitor mine rescue team instructor
activities. When a judge finds that a
team does not meet minimum skills,
MSHA will audit the training and notify
the District Manager. Based on this
audit, MSHA may revoke the
instructor’s approval.
For further ease of understanding,
MSHA divided the proposed Table on
Certification into two tables in the final
rule. Table 49.50–A lists the initial
criteria to certify the qualifications of
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mine rescue teams. Table 49.50–B lists
the annual criteria to maintain mine
rescue team certification. New teams
will have to meet these requirements.
In response to comments, this final
rule includes an optional certification
form that operators may use to assist
them in complying with this section.
This optional form is attached as an
appendix to this rule. The form is
posted on MSHA’s Web site. MSHA will
accept certification statements in all
formats, both electronic and paper.
(b) § 49.50(b) District Manager
Notification
The final rule includes a new
requirement that an operator must
notify the District Manager within 60
days of any change in team
membership. Commenters stated that
the membership of each team is subject
to change and questioned the impact of
changes on team certification. MSHA
clarifies that a team does not
automatically lose its certification when
a team replaces a member. Under the
final rule, the operator has 60 days in
which to notify the District Manager of
any change so that MSHA can assure
continued compliance.
6. Section49.60 Requirements for a
Local Mine Rescue Contest
The final rule, like the proposal,
includes criteria for a local mine rescue
contest. It also requires that, when
requested, the mine operator must
provide information to the District
Manager concerning each designated
team’s schedule of participation in
upcoming local mine rescue contests.
Paragraph (a) of this section in the
final rule requires that a local mine
rescue contest is: conducted in the
United States; uses MSHA recognized
rules; has a minimum of 3 teams; and
has one or more problems conducted on
one or more days with a determined
winner.
With respect to the requirement that
contests use MSHA-recognized rules,
commenters stated that all contests
should use MSHA National Contest
rules; others indicated that contests
should concentrate on the practical
aspects of mine rescue and not focus on
compliance with rules. Some said the
contest rules may be too restrictive. Like
the proposal, the final rule does not
require contest organizers to use the
National Mine Rescue Contest Rules; it
allows other rules recognized by MSHA.
Commenters wanted MSHA to clarify
the term ‘‘participate,’’ as used in the
proposal. As is existing practice, MSHA
recognizes a team as participating when
the team is present and competes. Also,
in response to comments, MSHA will
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7643
consider State-sponsored teams, whose
members are full-time state employees,
as participating in a local mine rescue
contest when performing duties as
contest judges or officials.
One commenter supported the
proposed requirement stating that this
would allow companies to put on their
own mine rescue contests and have
intra-company training. Another
commenter questioned whether
permitting competitions with as few as
three participating teams is adequate. As
stated in the proposal, MSHA intends
that requiring a minimum of three teams
for a local mine rescue contest will
encourage more contests among teams
in close geographic proximity.
Therefore, the final rule requires a
minimum of three competing teams in
a local mine rescue contest.
Commenters indicated that
participation in a mine rescue contest is
an opportunity to demonstrate the
results of training. Teams spend a lot of
time preparing for contests. As stated in
the proposal, teams must prepare to
compete as if the contest were an actual
mine emergency. MSHA agrees that
preparation for a contest is a vital
component of team training, along with
the interaction with other teams and the
evaluation provided by judges.
Competing while being timed, observed,
and judged creates a stressful
environment that provides an effective
forum for evaluating and testing the
team’s level of knowledge and skill
under simulated mine emergency
conditions. The ability to make effective
decisions quickly, while under stress
and wearing breathing apparatus, is a
vital skill for each mine rescue team
member to develop.
Most commenters agreed that, in
order for judges to administer the mine
rescue contest fairly and provide
appropriate and meaningful evaluations,
judges should have a strong background
in mine rescue. In addition, most
commenters agreed that there should be
prescribed areas of annual training for
contest judges, but did not want a
minimum required amount of time.
Some stated that judges’ training on the
rules should address changes in the
rules only. MSHA disagrees because
training should always be
comprehensive. This strengthens
existing skills and knowledge and
accommodates new judges. Some
commenters indicated that persons with
knowledge of mine rescue principles
and practices and experienced in mine
rescue should be allowed to serve as
judges for local contests. Some said that
only MSHA or State personnel should
judge contests. A few commenters stated
that judges should have actual mine
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rescue experience, preferably
experience in an actual emergency.
MSHA believes that the annual rules
training is sufficient to adequately train
judges.
Paragraph (b) of this section in the
final rule clarifies that a local mine
rescue contest provides an objective
evaluation of demonstrated mine rescue
team skills. A number of commenters
indicated that there are other simulated
mine rescue team exercises that also
enhance mine rescue skills and provide
an evaluation of the team’s performance.
A few commenters expressed concern
that MSHA proposed other simulated
mine rescue team exercises as a
substitute for a local mine rescue
contest. A local mine rescue contest
provides an objective evaluation of
demonstrated mine rescue team skills.
In response to these comments, the final
rule clarifies that a MERD exercise or
practical simulation exercise, such as a
fire or explosion response exercise, can
be a local mine rescue contest for
purposes of this provision. MSHA
recognizes that the benefit of preparing
for a contest is as valuable as competing.
Some commenters said that
scheduling issues may preclude some
mines from participating in two local
mine rescue contests and that additional
opportunities to participate in other
types of simulated mine rescue
exercises allows teams to satisfy this
requirement.
Two commenters stated that MSHA
cannot allow substitution of other
training for participation in local mine
rescue contests because the MINER Act
mandates that teams must participate at
least annually in two local mine rescue
contests. As stated previously, MSHA
considers that participation in
simulated mine rescue team exercises,
where the members wear breathing
apparatus, demonstrate mine rescue
team skills, and receive an evaluation of
team performance fosters an
environment conducive to increased
preparation for mine rescue and mine
emergency response.
As stated in the preamble to the
proposed rule, MSHA considers actual
underground participation in a rescue or
recovery operation as a substitute for
participation in a local mine rescue
contest.
The final rule requires mine operators
to notify the appropriate District
Manager, on request, when and where
their designated teams plan to
participate in mine rescue contests. This
notice allows MSHA time to prepare for
attending the contest and to provide
assistance as necessary. This notice also
allows MSHA to verify that the contest
meets the requirements of this final rule.
IV. 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
Regulatory Economic Analysis (REA) for
the final rule. The REA 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 REA is located on MSHA’s Web site
at https://www.msha.gov/
REGSINFO.HTM. A copy of the REA 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 requires that
regulatory agencies assess both the costs
and benefits of significant regulatory
actions. Under the Executive Order, a
‘‘significant regulatory action’’ is one
meeting any of a number of specified
conditions, including the following:
Having an annual effect on the economy
of $100 million or more, creating a
serious inconsistency or interfering with
an action of another, materially altering
the budgetary impact of entitlements or
the rights of entitlement recipients, or
raising novel legal or policy issues.
Based on the REA, MSHA has
determined that the final rule does 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 final
rule is otherwise significant under
Executive Order 12866 because it raises
novel legal or policy issues.
B. Population at Risk
The rule applies to 653 underground
coal mines covering 42,597 miners and
8,250 (non-office) contractors. Table 2
shows summary data for underground
coal mines.
TABLE 2.—SUMMARY DATA FOR UNDERGROUND COAL MINES
Number of
mines
Mine size a
1–19 .........................................................
20–500 .....................................................
>500 .........................................................
All Mines ..................................................
a Size
Total number
of miners b
220
420
13
653
Number of
employees
underground b
Annual revenue (billions)
1,952
29,742
6,503
38,197
$0.3
10.3
3.1
13.7
2,255
32,852
7,490
42,597
Annual cost
(millions)
$1.1
3.4
0.2
4.8
Cost per mine
$5,200
8,200
13,400
7,400
based on total mine employment.
not include 1,188 office workers or 8,250 (non-office) contractor employees, 4,096 of which work underground.
b Does
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C. Costs
Table 3 shows a summary of the total
yearly cost of this rule for mine
operators. MSHA estimates that the rule
will result in total yearly costs for the
underground coal mining industry of
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approximately $4.8 million.
Disaggregated by mine size, yearly costs
will be $1.1 million (or approximately
$5,200 per mine) for mine operators
with fewer than 20 employees; $3.4
million (or about $8,200 per mine) for
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mine operators with 20–500 employees;
and $0.2 million (or about $13,400 per
mine) for mine operators with more
than 500 employees. All cost estimates
are presented in 2006 dollars.
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TABLE 3.—SUMMARY OF TOTAL YEARLY COST OF THE RULE FOR UNDERGROUND COAL MINE OPERATORS
Mine size
Total yearly
cost
Section
1–19
20–500
501+
One Hour from Mine Rescue Station to Mine a ...............................................
Mine Rescue Team Training b .........................................................................
Mine Rescue Contests c ..................................................................................
Certification of Mine Rescue Teams d .............................................................
Responsible Person Training & Certification e .................................................
$559,407
379,967
91,915
8,161
95,047
$292,982
2,225,222
552,810
15,580
362,906
$7,000
119,768
30,037
482
16,849
$859,390
2,724,956
674,762
24,223
474,803
Total ..........................................................................................................
1,134,497
3,449,500
174,137
4,758,134
For purposes of the mine rescue team
final rule, MSHA has broken down total
compliance costs for mines with 1–36
employees and mines with 37 or more
employees. Of the $4.8 million total
yearly cost of the final rule,
underground coal mines with 1–36
employees will incur costs of
approximately $2.0 million per year and
underground coal mines with 37 or
more employees will incur costs of
approximately $2.8 million per year.
In addition, the final rule will impose
costs on State-sponsored mine rescue
teams. As shown in Table 4, the total
yearly cost of the final rule for Statesponsored mine rescue teams will be
about $66,000. Of this, $57,000 will be
for training and $8,000 will be for
participation in one local mine rescue
contests.
TABLE 4.—SUMMARY OF TOTAL YEARLY COST OF THE FINAL RULE FOR STATE MINE RESCUE TEAMS
Mine size
Total yearly
cost
Section
1–19
20–500
501+
$24,905
6,466
$31,869
8,486
$708
159
$57,482
15,111
Total ..........................................................................................................
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Mine Rescue Team Training a .........................................................................
Mine Rescue Contests b ..................................................................................
31,371
40,355
867
72,593
These cost estimates reflect the new
requirements in the final rule that no
mine served by a mine rescue team be
more that one hour ground travel time
from the mine rescue station with which
the rescue team is associated. The costs
are also related to final rule
requirements that each mine rescue
team, except for qualified State teams,
participate in at least two local mine
rescue contests annually and that teams
train at the mines serviced by the team.
To fully address all of the training
requirements in the MINER Act, mine
rescue team members must have at least
96 hours of refresher training annually,
which can include travel time from the
mine rescue station to the covered mine
and up to 16 hours of participation in
mine rescue contests. MSHA estimates
that the additional cost attributable to
training, relative to the proposed rule, is
approximately $600,000. Also, the final
rule requires that all underground coal
mine operators certify that each of the
mine’s designated rescue teams meet the
requirements of § 49.50, that the
operator have a person employed on
each shift who is knowledgeable in
mine emergency response, and that the
responsible person be trained in a
course prescribed by MSHA’s Office of
Educational Policy and Development.
These cost estimates are based on a
number of assumptions, informed by
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public comments on the proposed rule,
that MSHA made with respect to
anticipated industry and State responses
to the final rule: (1) 28 mine rescue
stations will be added to the 92 stations
currently serving underground coal
mines and 5 mine rescue stations will
be relocated; (2) an additional 68 mine
rescue teams will be formed; and (3)
none of the existing 145 mine rescue
teams will disband. In addition,
although MSHA is aware that the
requirements in the final rule may cause
States to increase the number of Statesponsored mine rescue teams and
stations, the Agency assumed no change
in the existing level of these services in
response to the final rule. MSHA also
made various changes to its cost
estimates in response to public
comments on the proposed rule. These
changes are discussed in detail in the
REA.
D. Benefits
The purpose of this 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
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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 designated
escapeways, intakes, returns, locations
and types of fire fighting equipment, the
communication system, mine-wide
monitoring system, the type of
transportation equipment used at the
mine, the location of stored SCSRs,
lifelines, breathable air, hardened
rooms, and other emergency response
equipment or supplies; 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 decisionmaking during an emergency and
increased confidence in the personnel
who implement these decisions.
MSHA has qualitatively determined
that the final rule will make coal mine
rescue teams better able to respond to
emergencies when a quick response by
rescue teams is vital to miners. The final
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rule will improve overall mine rescue
service in three areas:
• It will 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 will 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. A portion of the training must
be conducted underground. This
training will enhance the team’s
knowledge of the underground
environment and provide firsthand
experience of the underground mining
conditions.
• It will strengthen the requirements
for knowledge and experience of mine
rescue team 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 final rule will also increase
awareness of the mine operator by
requiring the operator to provide two
certified mine rescue teams and to have
a responsible person knowledgeable in
mine emergency response on each shift.
The final rule includes criteria for
certifying mine rescue teams and
clarifies training requirements for the
knowledgeable person.
Team members employed at a mine
must be knowledgeable in mine gases,
ventilation, first aid, and other health
and safety subjects as they apply
generally and at the covered 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.
The final rule increases the 40-hour
annual refresher training requirement to
96 hours from 64 hours in the proposed
rule. This additional annual refresher
training is necessary to fully address all
of the training requirements in the
MINER Act and the recommendations of
the Mine Safety Training and
Technology Commission. It will allow
teams to adequately prepare for mine
rescue team service. The additional
training enhances teams’ skills in
interacting with a command center. The
additional training could include: first
responder training, communications,
mine gases, gas detectors, new
technology, heat stress, and hazard
training unique to the covered mines.
Additional skills training may include
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building temporary stoppings and seals,
using a foam generator underground,
and using an air lock to rescue
survivors. Based on the Commission’s
recommendations and MSHA’s
experience, this additional training will
enhance teams’ skills and abilities. In
addition, MSHA anticipates that the
additional hours of training will provide
an incremental increase in safety for
underground coal miners.
The final rule also requires mine
rescue team members to participate in
two local mine rescue contests each
year. Mine rescue contests serve a vital
role in achieving the purpose of the
MINER Act to improve the safety of
mines and mining. Historically, they
have served to assure that mine rescue
teams are well-trained and capable of
responding to mine emergencies. They
provide a practical forum to objectively
evaluate a team’s skills and abilities.
The final rule will allow up to 16 hours
of credit for participation in the two
required mine rescue contests.
V. Feasibility
MSHA has concluded that the
requirements of the final rule are
technologically and economically
feasible.
A. Technological Feasibility
This final rule is not a technologyforcing 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 estimates that
this requirement will necessitate
additional mine rescue stations and
mine rescue teams. MSHA has
concluded that the final rule is
technologically feasible.
B. Economic Feasibility
The total cost of the final rule is
approximately $4.8 million annually for
all underground coal mine operators.
These compliance costs are under one
percent of the yearly revenues of $13.7
billion for these underground coal mine
operators. MSHA concludes that the
final rule is economically feasible.
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 final rule on small
entities. Based on that analysis, MSHA
notified the Chief Council for Advocacy,
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Small Business Administration (SBA),
and made the certification under the
Regulatory Flexibility Act at 5 U.S.C.
605(b) that the final rule does 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
REA and in summary form below.
A. Definition of a Small Mine
Under the RFA, in analyzing the
impact of a 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 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 final rule and
the impact of the final rule on small
mines will also be different.
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. 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
categories considered, MSHA believes it
is generally appropriate to conclude that
there is not a 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
final rule, MSHA has determined that
the estimated costs are less than one
percent of the estimated revenues.
Therefore, MSHA certifies that this final
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rule does 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
2006 was $38.28 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 $13.7
billion. Using the same approach, the
estimated 2006 underground coal
revenue by employment size category is
approximately $0.3 billion for 220
mines with 1–19 employees, $1.4 billion
for 399 mines with 1–36 employees, and
$10.6 billion for 640 mines with 1–500
employees.
The final rule results in an average
yearly cost per underground coal mine
of $5,157 for mines with 1–19
employees; $4,908 for mines with 1–36
employees; and $7,162 for mines with
1–500 employees. The average yearly
cost per mine for all underground coal
mines is $7,287. 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 0.38% of revenues for mines
with 1–19 employees, 0.14% of
revenues for mines with 1–36
employees, and 0.04% of revenues for
mines with 1–500 employees. The cost
as a percentage of revenues for all
underground coal mines will be
approximately 0.03%.
When applying MSHA’s and SBA’s
definition of small entities, the annual
cost of the final rule for small mines is
substantially less than one percent of
their estimated annual revenues. MSHA
has certified that the final rule does not
have a significant economic impact on
a substantial number of small entities
that are covered by the final rule.
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VII. Paperwork Reduction Act of 1995
A. Summary
The mine rescue team final rule
retains the existing paperwork burden
requirements and imposes several new
paperwork burden requirements. Final
§ 49.16 requires certification of
inspection and testing of breathing
apparatus, as well as a record of any
corrective action taken for breathing
apparatus. Final § 49.18 requires
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
1 U.S. Dept. of Energy, Energy Information
Administration, ‘‘Annual Coal Report 2006,’’ Table
28, October 2007.
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Budget (OMB) has approved these
requirements, which are in existing
§§ 49.6 and 49.8, under OMB control
number 1219–0078. Final § 49.50
contains a new annual paperwork
requirement for mine operators to
certify that each designated mine rescue
team meets the requirements of this
part. Final § 75.1501 also requires mine
operators to certify that each responsible
person has completed the required mine
emergency response training.
Overall, the underground coal
industry will incur approximately 1,387
paperwork burden hours annually with
associated paperwork burden costs of
approximately $61,587.
MSHA estimates that the final rule
will require additional mine rescue
teams and equipment. Existing
standards require information collection
for mine rescue teams and equipment.
MSHA will 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 the Paperwork Section of
the Regulatory Economic Analysis
(REA) accompanying this final rule. The
REA is posted on MSHA’s Web site at
https://www.msha.gov/REGSINFO.HTM.
A copy of the REA can be obtained from
MSHA’s Office of Standards,
Regulations, and Variances at the
address provided in the ADDRESSES
section of this preamble.
B. Procedural Details
The information collection package
was submitted to OMB with the
proposed rule 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.
Since the proposed rule was
published, MSHA has not received any
substantive comments on the paperwork
collection.
VIII. Other Regulatory Considerations
A. The Unfunded Mandates Reform Act
of 1995
MSHA has reviewed the final rule
under the Unfunded Mandates Reform
Act of 1995 (2 U.S.C. 1501 et seq.). The
final rule will not increase private sector
expenditures by more than $100 million
annually; nor will it significantly or
uniquely affect small governments. The
final rule may result in increased
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7647
expenditures by State, local, or tribal
governments, however, because it places
new requirements on underground coal
mine operators in providing and
training mine rescue teams. These
changes will not directly affect States or
their relationships with the national
government; however, some States
sponsor mine rescue teams.
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 agency
actions on family well-being. MSHA has
determined that this final rule will 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 final rule will
not impact family well-being.
C. Executive Order 12630: Government
Actions and Interference With
Constitutionally Protected Property
Rights
This final rule will 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 final 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 final rule
meets 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 final rule will 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 accountability
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
having ‘‘substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
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responsibilities among the various
levels of government.’’ The final rule
places new requirements on
underground coal mine operators in
providing and training mine rescue
teams. These changes will not directly
affect States or their relationships with
the Federal government. Although the
final rule does not directly affect States,
some States sponsor mine rescue teams.
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This final rule does not have ‘‘tribal
implications,’’ because it will 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 final rule
for its impact on the supply,
distribution, and use of energy because
it applies to the underground coal
mining industry. Because this final rule
results in yearly costs of approximately
$4.8 million to the underground coal
mining industry, relative to annual
revenues of $13.1 billion in 2006, it is
not a significant energy action because
it will 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.
§ 49.10
I. Executive Order 13272: Proper
Consideration of Small Entities in
Agency Rulemaking
MSHA has thoroughly reviewed the
final rule to assess and take appropriate
account of its potential impact on small
businesses, small governmental
jurisdictions, and small organizations.
MSHA has determined and certified that
the final rule does not have a significant
economic impact on a substantial
number of small entities.
I
I
List of Subjects in 30 CFR Parts 49 and
75
Education and training, Mine safety
and health, Reporting and
recordkeeping requirements.
Dated: February 1, 2008.
Richard E. Stickler,
Acting 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 amends
chapter I of title 30 of the Code of
Federal Regulations as follows.
I
PART 49—MINE RESCUE TEAMS
1. The authority citation for part 49 is
revised to read as follows:
I
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.
I
[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 Subpart B—Optional Form
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 (MINER) Act of 2006. 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
Composite
Contract
Team members must participate at least annually in two local
mine rescue contests.
Team members must participate in mine rescue training at
each mine covered by the mine rescue team. A portion of
the training must be conducted underground.
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Mine-site
YES .....................
YES .....................
YES .....................
YES.
Annually ..............
Semi-annually .....
Annually.
Team 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 each covered mine.
Team must include at least two active employees from each
covered large mine and at least one active employee from
each covered small mine.
YES .....................
YES .....................
Quarterly at Large
Mines; Semiannually at
Small Mines.
YES .....................
YES .....................
YES .....................
YES .....................
YES.
.............................
YES .....................
.........................
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State-sponsored *
YES.
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7649
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
Team must be comprised of persons with 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.
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.
Composite
Contract
.............................
.............................
State-sponsored *
YES .....................
* 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) 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.
jlentini on PROD1PC65 with RULES2
§ 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 February 8, 2008.
(d) Each operator shall arrange, in
advance, ground transportation for
rescue teams and equipment to the mine
or mines served.
(e) The required rescue capability
shall be present at all existing
underground mines, upon initial
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excavation of a new underground mine
entrance, or the re-opening 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 subpart, 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
subpart. 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
consistent with statutory requirements.
For the purposes of this subpart 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
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§ 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 chapter) or a soundpowered 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 assure 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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§ 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 (available at https://
www.msha.gov) 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.
(b) Upon completion of the initial
training, all team members shall receive
at least 96 hours of refresher training
annually, which shall include
participation in local mine rescue
contests and training at the covered
mine. Training shall be given at least 8
hours every 2 months and shall consist
of:
(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:
(1) Completion of an MSHA or State
approved instructor’s training course
and the program of instruction in the
subject matter to be taught.
(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 re-designated 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.
(2) Composite team. A mine rescue
team that covers multiple mines and
whose members—
(i) Include at least two members from
each covered large mine and at least one
member from each covered small mine,
(ii) Are knowledgeable about the
operations and ventilation of each
covered underground coal mine, and
(iii) Participate in mine rescue
training at each covered mine at least
semi-annually.
(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 each
covered underground coal mine, and
(ii) Participate in mine rescue training
at each covered large mine at least
quarterly and at each covered small
mine at least semi-annually.
(4) State-sponsored team. Members
who are State employees and participate
in mine rescue training at each covered
mine at least annually.
(c) For the purpose of mine rescue
team membership, a member employed
by an operator of multiple mines is
considered to be an employee of each
mine at which the member regularly
works.
(d) For the purpose of mine rescue
team training at each covered mine, a
portion of the training must be
conducted underground.
§ 49.30
mines.
Requirements for small coal
At mines with 36 or fewer
underground employees, mine rescue
team members shall be knowledgeable
about the operations and ventilation of
each covered mine.
§ 49.40
Requirements for large coal mines.
At mines with more than 36
underground 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
(a) 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 subpart as listed in the following
Table 49.50–A and Table 49.50–B.
(b) The operator shall notify the
District Manager within 60 days of any
change in team membership.
TABLE 49.50–A.—INITIAL CRITERIA TO CERTIFY THE QUALIFICATIONS OF MINE RESCUE TEAMS
Criteria
(30 CFR)
jlentini on PROD1PC65 with RULES2
Qualification
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Team is available at all times when miners are underground ..............................................................................................
Except where alternative compliance is permitted, team has five members and one alternate ..........................................
Members have experience working in an underground coal mine .......................................................................................
Team is available within 1-hour ground travel time from the mine rescue station to the mine ...........................................
Appropriate mine rescue equipment is provided, inspected, tested, and maintained ..........................................................
Members are physically fit .....................................................................................................................................................
Members have completed initial training ...............................................................................................................................
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49.12(a); 49.12(g)
49.12(b)
49.12(c)
49.12(f)
49.16
49.17
49.18(a)
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TABLE 49.50–B.—ANNUAL CRITERIA TO MAINTAIN MINE RESCUE TEAM CERTIFICATION
Criteria
(30 CFR)
Qualification
(1)
(2)
(3)
(4)
Members
Members
Members
Members
are properly trained annually .................................................................................................................................
are familiar with the operations of each covered mine .........................................................................................
participate in at least two local mine rescue contests annually. Judges certify results .......................................
participate in mine rescue training at each covered mine ....................................................................................
(5) Members are knowledgeable about the operations and ventilation of each covered mine .................................................
§ 49.60 Requirements for a local mine
rescue contest.
jlentini on PROD1PC65 with RULES2
(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) Has one or more problems
conducted on one or more days with a
determined winner;
(5) Includes team members who—
(i) Have the necessary equipment to
participate in a simulated mine rescue
team exercise,
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(ii) Participate in a simulated mine
rescue team exercise while being timed
and observed by trained judges who
evaluate the performance of each team
and provide written feedback, and
(iii) Wear oxygen breathing apparatus
while participating in a simulated mine
rescue team exercise; and
(6) Includes contest judges who have
completed annual training for mine
rescue contest judges.
(b) A local mine rescue contest is
training that provides an objective
evaluation of demonstrated mine rescue
team skills and can be a Mine
Emergency Response Development
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49.18(b)
49.20(a)(1)
49.20(a)(2)
49.20(b)(1);
49.20(b)(2)(iii);
49.20(b)(3)(ii);
49.20(b)(4)
49.20(b)(2)(ii);
49.20(b)(3)(i);
49.30
(MERD) exercise or a practical
simulation exercise, such as a fire or
explosion drill, where the team
participates in simulated mine rescue
team exercises and wears breathing
apparatus.
(c) Upon request from the District
Manager, the operator shall provide
information concerning each designated
team’s schedule of participation in
upcoming local mine rescue contests.
Appendix to Subpart B—Optional Form
for Certifying Mine Rescue Teams
BILLING CODE 4510–43–P
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Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations
PART 75—[AMENDED]
5. The authority citation for part 75
continues to read as follows:
I
Authority: 30 U.S.C. 811.
6. Amend § 75.1501 by revising
paragraph (a) to read as follows:
I
§ 75.1501
Emergency evacuations.
jlentini on PROD1PC65 with RULES2
(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 inundation.
(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
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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 a course of
instruction in mine emergency
response, as prescribed by MSHA’s
Office of Educational Policy and
Development. The course will include
topics such as the following:
(i) Organizing a command center;
(ii) Coordinating firefighting
personnel;
(iii) Deploying firefighting equipment;
(iv) Coordinating mine rescue
personnel;
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7655
(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. 08–551 Filed 2–5–08; 2:40 pm]
BILLING CODE 4510–43–C
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]]>Agencies
[Federal Register Volume 73, Number 27 (Friday, February 8, 2008)]
[Rules and Regulations]
[Pages 7636-7655]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-551]
[[Page 7635]]
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Part II
Department of Labor
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Mine Safety and Health Administration
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30 CFR Parts 49 and 75
Mine Rescue Teams; Final Rule
Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules
and Regulations
[[Page 7636]]
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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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The final rule revises MSHA's existing standards for mine
rescue teams for underground coal mines. This final rule implements
Section 4 of the Mine Improvement and New Emergency Response (MINER)
Act of 2006 to improve overall mine rescue capability; to improve mine
emergency response time and mine rescue team effectiveness; and to
increase the quantity and quality of mine rescue team training.
DATES: Effective date: February 8, 2008.
Compliance dates: Each mine operator shall comply with the
following sections by the dates listed below.
1. Sec. 49.12(h) by May 8, 2008.
2. Sec. 49.12(f) and Sec. 75.1501(a)(2) by August 8, 2008.
3. Sec. 49.40 by November 10, 2008.
4. Sec. Sec. 49.18(b), 49.20(a), 49.20(b), 49.30, and 49.50 by
February 9, 2009.
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
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. Executive Order 13272: Proper Consideration of Small Entities
in Agency Rulemaking
I. Introduction
This final rule implements Section 4 of the Mine Improvement and
New Emergency Response (MINER) Act of 2006. MSHA's objective,
consistent with the MINER Act, is to develop a final rule that fosters
an environment that results in more preparation for mine rescue and
mine emergency response. The final rule, like the proposal, retains all
existing standards as subpart A applicable to underground metal and
nonmetal mines. The MINER Act is not applicable to metal and nonmetal
mines. The final rule creates a new, separate, subpart B containing
existing standards and MINER Act provisions for underground coal mines.
MSHA developed this final rule based on the provisions of the MINER
Act, Agency data and experience, testimony at the public hearings, and
the comments on the proposed rule.
MSHA is providing delayed compliance dates for some sections to
give mine operators the time needed to comply with the stated
requirements.
1. By May 8, 2008, each mine operator must send the District
Manager a statement describing the mine's method of providing mine
rescue coverage in accordance with Sec. 49.12(h).
2. By August 8, 2008--
Each mine must have a mine rescue station located no more
than 1 hour ground travel time from the mine in accordance with Sec.
49.12(f). If equipment is not readily available, the operator must have
purchase orders for the required equipment.
The mine operator must have a responsible person
knowledgeable about mine emergency response, who has completed the
course of instruction in mine emergency response prescribed by MSHA in
accordance with Sec. 75.1501(a)(2).
3. By November 10, 2008, each operator of a large mine must have
either an individual mine-site team or a composite team as one of the
mine's certified mine rescue teams in accordance with Sec. 49.40.
4. By February 9, 2009--
Mine rescue team members must have completed 96 hours of
annual training, including participation in two local mine rescue
contests and training at each covered mine in accordance with Sec.
49.18(b).
Each mine operator shall make available two certified mine
rescue teams whose members are familiar with the operations of the mine
and have participated in two local mine rescue contests in accordance
with Sec. 49.20(a).
Each team providing coverage to a mine must be
knowledgeable about the operations and ventilation of the mine in
accordance with Sec. Sec. 49.20(b) and 49.30.
Each mine operator must certify to the District Manager
that each team designated to provide mine rescue coverage to the mine
meets the requirements for certification in accordance with Sec.
49.50.
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 Mine Improvement and New Emergency
Response (MINER) Act of 2006, which became effective on June 15, 2006.
The goal of the MINER Act is ``to improve the safety of mines and
mining.'' Section 4 of the MINER Act requires that the Secretary issue
regulations for 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, the final rule affects those mines and
the mine rescue teams that cover them.
MSHA published the proposed rule for Mine Rescue Teams in the
Federal Register on September 6, 2007 (72 FR 51320). The Agency held
four public
[[Page 7637]]
hearings on October 23, 2007, in Salt Lake City, Utah; on October 25,
2007, in Lexington, Kentucky; on October 30, 2007, in Charleston, West
Virginia; and on November 1, 2007, in Birmingham, Alabama. In response
to a request from the public, MSHA extended the comment period from
November 9, 2007, to November 16, 2007. This action allowed commenters
sufficient time to review the posted transcripts and submit comments.
III. Section-by-Section Analysis
MSHA developed this final rule based on the provisions of the MINER
Act, Agency experience, testimony at the public hearings, and the
comments on the proposed rule.
A. Technical Amendments to Existing Standards
This final rule makes no substantive change to requirements for
mine rescue teams at underground metal and nonmetal mines; however, it
makes the following non-substantive organizational changes to 30 CFR
part 49.
The final rule adds a heading designating the existing
standards as Subpart A--Mine Rescue Teams for Underground Metal and
Nonmetal Mines; but makes no changes to Sec. Sec. 49.1 through 49.9.
The final rule deletes Sec. 49.10 Effective date, which
is obsolete.
B. Subpart B
Subpart B contains all the standards applicable to mine rescue
teams for underground coal mines. The final rule revises existing
standards to implement the provisions and achieve the goals of the
MINER Act, and to address the unique conditions present in anthracite
coal mines. The final rule also revises existing Sec. 75.1501(a) in 30
CFR part 75 to implement a MINER Act requirement.
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 a local mine rescue contest.
1. New Subpart B and the Reorganization of Part 49
The final rule, like the proposal, retains all existing standards
as subpart A applicable to underground metal and nonmetal mines and
creates a new, separate, subpart B containing existing standards and
the MINER Act provisions for underground coal mines. In the proposal,
MSHA requested comments on the re-organization of 30 CFR part 49.
Commenters supported the re-organization and thought that it was
beneficial in eliminating confusion. A commenter expressed concern
regarding use of separate standards for different industries and urged
MSHA to be cautious of this approach. MSHA's approach in the final rule
is consistent with the Agency's longstanding practice of having
separate standards for different industries.
MSHA also requested comments on whether the proposal would result
in different approaches to providing mine rescue services and, if so,
what those approaches would be. Commenters expressed a variety of
concerns, most related to team composition and training at each covered
mine.
2. Section 49.11 Purpose and Scope
The final rule, like the proposal, adds 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 final rule also designates the existing provision as
paragraph (a) and adds a new paragraph (b). Paragraph (b) contains
Table 49.11, which provides mine operators a summary of new MINER Act
requirements. As noted following the table, state employees, whose
primary job duties include (1) inspecting underground mines for
compliance with state safety laws, (2) training mine rescue teams, or
(3) other similar duties that would enhance their mine rescue
knowledge, can substitute their regular job experience for 50 percent
of the annual training requirements, including mine rescue contests and
mine-site training.
MSHA requested comments on allowing State employees on mine rescue
teams to substitute their job experience for 50 percent of the annual
training requirements. Most commenters agreed that job duties can
substitute for some of the required training. One commenter suggested
that job experience should substitute for all training requirements.
Some commenters stated that all mine rescue team members should be
allowed to substitute job experience for training requirements. Several
commenters stated that individual job duties should not be allowed to
substitute for any mine rescue team training for any mine rescue team
members.
State employees on mine rescue teams involved in full-time
inspection and mine rescue training activities have developed an
expertise that will enhance mine rescue team emergency response
capabilities. They are dedicated professionals who are familiar with
mines they cover and knowledgeable about mine rescue and other areas of
mine safety and health training. On a daily basis, they are exposed to
a variety of mining environments, complex conditions, different
problems, and new issues. This affords them a broad perspective into
the safety and health objectives pertaining to mine rescue and mine
rescue training.
MSHA recognizes the knowledge and experience state employees on
mine rescue teams gain in the performance of their jobs. MSHA agrees
with the commenters supporting the note to Table 49.11. Under the final
rule, full-time state employees on mine rescue teams must complete at
least 48 hours of refresher training annually, including participation
in at least one local mine rescue contest and training at each covered
mine at least once every year.
3. Section 49.12 Availability of Mine Rescue Teams
(a) Sec. 49.12(b) Alternative Composition Requirements for Mine Rescue
Teams for Anthracite Coal Mines
The final rule, like the proposal, includes requirements for mine
rescue teams serving underground anthracite coal mines with no
electrical equipment at the working section. The final rule is derived
from petitions for modification, which MSHA has historically granted
under section 101(c) of the Mine Act, because mining methods and
conditions in underground anthracite coal mines are unique. For these
mines, MSHA requires mine rescue teams to be 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
[[Page 7638]]
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.
Most anthracite mines are small (average 5 employees) and could not
have their own mine site teams, are located in the same geographical
area, and belong to an association called ``Anthracite Underground
Rescue'' (AUGR). AUGR and the Pennsylvania Bureau of Mine Safety
(Bureau) have an agreement for mine rescue training. AUGR provides
qualified miners to be trained in mine rescue and the State provides a
mine rescue station, equipment, and a trainer. These teams cover all
the anthracite mines.
Commenters supported this provision. One commenter stated that the
proposed alternative does not benefit two small anthracite mines that
have electrical face equipment and they can not realistically start
their own company teams. This commenter urged MSHA to consider these
teams as composite, but not require team members from each covered
mine. The final rule does not expand the proposed provision to
underground anthracite coal mines with electrical equipment at the face
or working section. This final provision is consistent with MSHA's
action on existing petitions for modification.
(b) Sec. 49.12(c) Alternative Experience Requirement for Members of
Contract Mine Rescue Teams
The final rule, like the proposal and consistent with 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 final rule retains the existing
provision that requires mine rescue team members to have been employed
in an underground mine for at least 1 year within the past 5 years.
MSHA received no comments on this provision.
One commenter objected to allowing a surface employee who regularly
works underground to claim such time to meet the experience
requirement. The final rule retains this existing provision; the
proposal did not address it.
Another commenter asked that MSHA clarify what it means to work
underground ``regularly.'' For the purpose of this provision, MSHA
considers ``regularly works'' to mean that the member has recurring job
duties at each mine, exposing the member to the mine's underground
operations, conditions, and environment. For example, this may include
surveyors, engineers, safety personnel, electricians, and maintenance
and service personnel.
Several commenters requested that MSHA waive this requirement for
current mine rescue team members who are employed on the surface. Like
the proposal, the final rule waives the underground experience
requirement for those miners on a mine rescue team on February 8, 2008.
4. Sec. 49.12(f) Available Within 1 Hour Ground Travel Time From the
Mine Rescue Station
The final rule, like the proposal, includes the MINER Act
requirement that 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. This provision will assure that a
team will arrive at the mine more quickly in case of a mine emergency.
MSHA received numerous comments on this proposal. Commenters
questioned whether this provision would improve safety in an actual
emergency. Commenters noted that there have been no instances where a
team's arrival delayed a rescue operation and stated that the provision
is not justified. Several commenters indicated that the proposal is
infeasible for some western coal mines, which are geographically
isolated. Likewise, some commenters indicated that rugged terrain in
Central Appalachia hinders ground travel, making compliance difficult.
A few commenters stated that the proposal will cause the relocation of
stations further from some mine sites, disrupt current team coverage,
and may result in mine closures. Many commenters indicated that a
sufficient number of volunteers may not be available to form additional
teams needed for new mine rescue stations. Commenters stated that the
establishment of new and relocation of existing rescue stations is an
unnecessary, burdensome expense, with no benefit to mine safety.
Commenters suggested that MSHA grandfather existing mine rescue
stations and current coverage arrangements. Commenters also suggested
that MSHA allow the District Manager to grant waivers of the 1 hour
ground travel time for existing teams and stations, but only up to 2
hours. Commenters also asked MSHA to consider alternatives, including
the use of air transportation and emergency escorts.
One commenter did not believe the 1-hour provision would cause
undue hardship. One commenter stated that more rescue stations would
likely be created, resulting in teams getting to the mines sooner.
Consistent with the MINER Act, the final rule includes the 1-hour
requirement.
5. Section 49.13 Alternative Mine Rescue Capability for Small and
Remote Mines
The final rule, like the proposal, retains the existing provision
for alternative capability for small and remote mines. It requires that
the operator's application include the total underground employment of
any mines within 1 hour of the operator's mine, to be consistent with
the 1-hour requirement of the MINER Act. It also requires that the
operator include the location of the mine rescue station serving the
mine. Commenters suggested alternatives that the District Manager
should consider for small and remote mines. Other commenters stated
that this provision should not be used to allow remote operations with
large numbers of miners to circumvent the MINER Act requirement for two
teams. For clarification, MSHA notes that this provision, which was in
the existing standard, requires a mine to be both
[[Page 7639]]
small and remote before it can file an application.
6. Section 49.14 [Reserved]
The final rule, like the proposal, does not include this provision
in subpart B because it is not applicable to underground coal mines.
MSHA received no comments on this proposal.
7. Section 49.15(a) Mine Rescue Station
The final rule, like the proposal, removes the exception related to
alternative compliance. The final rule makes no change from the
proposal. This final rule is consistent with the goals of the MINER
Act. MSHA received no comments on this proposal.
8. Section 49.16(a) Alternative Equipment Requirement for Anthracite
Mines
The final rule, like the proposal, adds a provision to address
underground anthracite coal mines that have no electrical equipment at
the face or working section. Through the petition for modification
(PFM) process, 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. These operators have submitted petitions for modification
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.
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.
The final rule requires 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. Under the final rule,
equipment required per team, such as gas detectors, may not be reduced.
No commenters objected to this provision, so long as it is consistent
with the provisions in the petitions for modification.
9. Section 49.17 Physical requirements for Mine Rescue Team
Like the proposed rule, the final rule maintains the existing
physical requirements for mine rescue teams. Commenters suggested that
MSHA modify the rule to allow the use of corrective glasses in
determining distant visual acuity. Although MSHA considered this
suggestion, it is beyond the scope of the rulemaking.
10. Section 49.18 Training for Mine Rescue Teams
The final rule, like the proposed rule, retains the existing
requirements. In the final rule, MSHA has removed obsolete language in
Sec. 49.18(a) related to waiver of initial training. All existing
teams meet the initial training requirement, making it unnecessary to
waive.
Like the proposal, the final rule adds paragraph (b)(6), which
requires 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. Commenters agreed that training in smoke afforded teams
skills that would be useful in an actual mine emergency and that
several mine rescue teams already perform this training. Although some
mine operators or training facilities use actual smoke, operators can
use a nontoxic theatrical smoke, which is harmless. For the purposes of
this provision, an equivalent environment could include training with
glasses or face shields that reduce vision and simulate smoke. This
requirement assures that mine rescue team members train in realistic
conditions.
The final rule increases the 40-hour annual refresher training
requirement to 96 hours from 64 hours in the proposed rule. This
training must be provided at least 8 hours every 2 months. This
increase is in response to comments and is consistent with the goals
and objectives of the MINER Act and the recommendations of the Mine
Safety Technology and Training Commission (Commission). Some commenters
supported the existing requirement of 40 hours of annual training.
These commenters generally were concerned that small mines do not have
the resources to allow training during work hours and that an increase
in this training could affect the mine rescue teams' ability to attract
volunteers. Other commenters suggested 48 hours of annual training was
appropriate. They suggested 8 hours of training every 2 months, for a
total of 48 hours. They indicated that the increased training time may
conflict with mine-site duties, which might preclude experienced miners
from participating on rescue teams.
Other commenters were not opposed to the proposed 64 hour training
requirement. Several noted that their teams' annual training currently
exceeds 64 hours. These commenters noted that the content and quality
of this training is more important than the total number of training
hours. They requested more flexibility in scheduling training, stating
that some mine rescue training occurs irregularly, depending on weather
conditions and contest schedules.
Other commenters recommended that the annual training requirement
be increased to a minimum of 96 hours, given at 8 hours each month. In
support of this recommendation, they cited the Commission's report on
Improving Mine Safety Technology and Training: Establishing U.S. Global
Leadership (2006). The Commission, composed of members from a cross-
section of the mining community, industry, labor, academia, government,
including mine rescue practitioners, recommended a minimum of 96 hours
of annual training, at 8 hours each month. One commenter also stated
that participating in mine rescue contests should not be considered as
part of this 96 hours of annual training.
Based upon the comments, the Commission's report, and Agency data
and experience, in the final rule MSHA has increased the amount of
annual training to 96 hours. In making this decision, MSHA determined
that additional annual refresher training is necessary to fully address
all of the training requirements in the MINER Act. MSHA also agrees
with commenters' suggestions and the Commission's report that
additional training is necessary to adequately prepare for mine rescue
team service. In addition, based on the Commission's recommendations
and MSHA's experience, MSHA anticipates that this additional training
will provide an incremental increase in safety for underground coal
miners. Therefore, the final rule increases training from the proposed
64 to 96 hours.
In addition to existing requirements, 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. Also, teams under paragraph (b)(6) need to train in
smoke, simulated smoke, or an equivalent environment once annually.
[[Page 7640]]
In order to further improve their skills, teams may also participate in
Mine Emergency Response Development (MERD) exercises or other practical
simulation exercises, such as a fire or explosion drills. This type of
training further enhances teams' skills in interacting with a command
center. Recommended training could also include: first responder
training, communications, mine gases, gas detectors, new technology,
heat stress, and hazard training unique to the covered mines. In
addition, skills training may include building temporary stoppings and
seals, using a foam generator underground, and using an air lock to
rescue survivors. This additional training will enhance teams' skills
and abilities.
The MINER Act also requires mine rescue team members to participate
in two local mine rescue contests each year. The final rule will allow
up to 16 hours of credit for participation in the two required mine
rescue contests. Some commenters objected to including mine rescue
contests as a part of the annual training requirement, while others
favored such a requirement. Commenters stated that mine rescue contests
are designed to increase rescue team skill levels and to facilitate
interaction between various rescue teams. MSHA agrees. MSHA believes
that mine rescue contests serve a vital role in achieving the purpose
of the MINER Act to improve the safety of mines and mining.
Historically, they have served to assure that mine rescue teams are
well-trained and capable of responding to mine emergencies. Under
existing Agency policy, MSHA allows up to 8 hours credit for mine
rescue contests toward the annual training requirement. In recognition
of the critical need for the team to travel efficiently from the mine
rescue station to the covered mine, under the final rule, travel time
can be counted toward fulfilling the 96 hour requirement.
While the final rule increases the total amount of annual refresher
training, it retains the requirement that the training occur at least 8
hours every 2 months. Taking into consideration comments that mine
rescue training occurs irregularly, depending on weather conditions and
contest schedules, MSHA decided not to reduce the flexibility of
scheduling training. Based on MSHA data and experience, 8 hours of
training every 2 months is necessary to avoid skills degradation. As
the Commission's report states,
The nation's mine rescue capability rests more heavily on
training than on any other aspect of the mine emergency response
system. Especially since emergency incidents are relatively rare,
the predominant way teams keep their skills sharp, and develop
cohesion, enthusiasm, and trust, is through training.
The final rule, like the proposed rule and the existing standard,
requires that the training courses 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. A commenter suggested that MSHA allow
experienced underground miners to become instructors even though they
do not have 1 year experience as a mine rescue team member. MSHA has
not included this suggestion in the final rule to assure 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 this requirement.
C. Subpart B--Mine Rescue Teams for Underground Coal Mines; Additional
MINER Act Provisions
1. Section 75.1501(a) Person Knowledgeable in Mine Emergency Response
The final rule, like the proposal, requires that the responsible
person be trained annually in a course of instruction in mine emergency
response. This provision implements the MINER Act requirement that the
operator have a person employed on each shift who is knowledgeable in
mine emergency response. The final rule requires that the responsible
person be trained in a course prescribed by MSHA's office of
Educational Policy and Development.
The majority of commenters expressed concern that the proposal
placed too much responsibility on one person. Some of these commenters
thought that the proposal required the responsible person to conduct
the activities listed in the proposal, rather than to be trained in
those activities. Other commenters expressed concern that the proposal
contained excessive training requirements and that the training areas
listed were not sufficiently described. One commenter indicated that
MSHA must establish and require a standard minimum curriculum along
with recommended times for each topic.
In response to comments, MSHA has clarified the final rule to
require that the responsible person be trained in a course which
includes topics listed in the rule. The rule does not establish any new
duties for the responsible person. Further, in response to comments,
the course for the responsible person will be based on a curriculum
prescribed by MSHA and placed on the Agency's Web site. MSHA is
developing this course in mine emergency response to assure consistent
and comprehensive training. Commenters further requested that the final
rule include a recommended duration of time for this training. In light
of the fact that MSHA is developing the curriculum for this course,
MSHA does not believe that it is either necessary or appropriate to
specify a duration for this training.
Consistent with other MSHA training requirements, the final rule,
like the proposal, requires 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. MSHA received no
comments on this aspect of the proposal.
2. Section 49.20 Requirements for All Coal Mines
The final rule addresses MINER Act provisions that are the same for
all underground coal mine rescue teams, regardless of the size of the
operation. It requires 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.
a. Section 49.20(a)(1) Familiarity With Operations of Covered Mines
This final rule, like the proposal, requires two certified mine
rescue teams whose members are familiar with the operations of the mine
and participate at least annually in two local mine rescue contests.
One commenter stated that while MSHA's understanding of ``familiarity''
is acceptable for the knowledge a miner would posses in order to safely
perform job duties, it does not adequately describe the level of
knowledge a mine rescue team member should posses in order to carry out
rescue and recovery duties. Commenters indicated that familiarity with
the covered mine was necessary but did not agree with the frequency of
training at the covered mine.
The final rule adopts the MINER Act requirement of ``familiarity''
with the operation of the coal mine. Under the final rule, 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. Team members who do not work at the
[[Page 7641]]
covered mine become familiar with its operations by participating in
mine rescue training at the mine. Training at the mine may 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 need to
be familiar with the location of stored SCSRs, lifelines, 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, teams may need more time to become familiar with complex
mines and newer team members may require more time to achieve this
familiarity. For this reason, MSHA is not requiring a minimum amount of
time for mine rescue team training underground at each covered mine.
MSHA expects the operator to effectively evaluate each team member to
determine the amount of training necessary for that person to become
familiar with operations at the covered mine. MSHA expects that a
portion of each required training session at the mine be conducted in
the mine.
b. Sec. 49.20(a)(2) Participation in Two Local Mine Rescue Contests
Like the proposal, the final rule includes the MINER Act
requirement that mine rescue team members participate in two local mine
rescue contests annually.
Commenters expressed concern with the criteria for, and quality of,
mine rescue contests. They were concerned about the availability of
acceptable contests. MSHA addresses commenters' concerns with criteria
for mine rescue contests in the discussion of Sec. 49.60, which
addresses requirements for a local mine rescue contest.
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.
A commenter stated that participation in two back-to-back contests
is counterproductive because the teams need time to analyze and discuss
in depth their performance during the contest. Contest judges evaluate
teams and provide a written evaluation and score after each contest.
Contest judges will evaluate each team and judge if the team
demonstrates acceptable skills to be certified. A copy of the judge's
evaluation will be submitted to the District Manager. MSHA expects that
teams learn from constructive feedback and their experiences during
contests. In response to this comment, MSHA has changed the proposed
criteria for a local mine rescue contest in the final rule to clarify
that a contest consists of one or more problems on one or more days
with a determined winner.
c. Sec. 49.20(b) Requirements for Types of Mine Rescue Teams
The final rule, like the proposal, provides for four types of mine
rescue teams, consistent with the MINER Act. In response to comments,
MSHA has included clarifying changes in the final rule.
Commenters generally expressed concern that the description of
teams in the MINER Act did not adequately encompass the variety of
arrangements for mine rescue service or the composition of mine rescue
teams that are currently available to the mining community. Commenters
indicated that this provision would disrupt existing mine rescue
service, which would be contrary to the goals of the MINER Act. They
cautioned that the proposal could result in: Disbanding experienced
mine rescue teams; replacing experienced team members with
inexperienced ones; inability to attract volunteers to join mine rescue
teams; mines losing current coverage arrangements, and possibly mine
closures.
Commenters objected to the differences in training requirements for
large and small mines. In particular, commenters expressed concern that
the training differences between types of teams were illogical,
requiring mine-site and state-sponsored teams to train more often at
each covered small mine than at each covered large mine. Other
commenters stated that mine size and complexity should determine the
frequency of training at the covered mine, not the type of team.
Commenters objected to the proposed requirement that composite
teams from small mines need to include two miners from each covered
mine. They were concerned about the ability of small mines to generate
two volunteers due to their employment. They indicated that small mines
are less likely to be able to spare a miner to perform mine rescue
training or service. A commenter, however, indicated that small mines
should be required to have two team members on composite teams.
Several commenters suggested allowing a company team, composed of
miners who work for an operator of multiple mines, to be considered a
mine-site team so they would not need to have two team members from
each covered mine. Commenters also expressed concern that requiring two
members from each covered mine may result in teams with too many
members, creating logistical training problems and excessive costs.
With regard to state-sponsored teams, several commenters suggested
that teams composed of non-state employees who use mine rescue
equipment and stations provided by the state be considered a state-
sponsored or composite team instead of a contract team. Some commenters
stated that State-sponsored composite team members should be considered
state employees to get credit for the time in training at the mine in
which they work.
In response to commenters' concerns that the proposal did not
effectively encourage the creation of new mine site teams, the final
rule requires mine-site teams to train annually at each covered small
mine. MSHA expects this change to encourage more mine-site teams. The
final rule also requires state-sponsored teams to train annually
instead of semi-annually at each covered small mine. Additionally, at
small mines only, the final rule allows composite teams to have one
member from each covered small mine. Also in response to comments, for
the purpose of mine rescue team membership, a member employed by an
operator of multiple mines is considered to be an employee of each mine
at which the member regularly works. In this section, MSHA considers
``regularly works'' to mean that the member has recurring job duties at
each mine, exposing the member to the mine's underground operations,
ventilation, conditions, and environment. For example, these employees
may include surveyors, engineers, safety personnel, electricians, and
maintenance and service personnel.
One commenter questioned the use of ``a'' covered mine in the
proposal, believing that MSHA meant ``each'' covered mine. In response
to this comment, the final rule includes the term ``each'' covered
mine.
d. Knowledge of Operations and Ventilation at the Covered Mine
The final rule, like the proposal, requires members of mine rescue
teams to have knowledge of the operations and
[[Page 7642]]
ventilation at each covered mine. Generally, this would require each
team to review the mine's ventilation maps, roof or ground control
methods, emergency response plan, transportation, and communication
system.
e. Mine Rescue Team Training at Each Covered Mine
The final rule, like the proposal, requires that members of mine
rescue teams must participate in training at each covered mine,
consistent with the MINER Act, MSHA interprets the intent of the MINER
Act to require that at least a portion of the training at each covered
mine must be conducted underground.
Commenters objected to the requirement that teams train at each
covered mine. They stated that this training is impractical, overly
burdensome, unnecessary, and may negatively affect the ability to
attract new team members. In particular, commenters indicated that
travel and training time is excessive for contract teams. Several
commenters suggested that, to alleviate this burden, team members be
allowed to rotate training at each covered mine so that each team
member trains at each covered mine at least annually. Some commenters
suggested that only two members of each team be required to train at
each covered mine and they would brief the team. A commenter suggested
that, if the team does not complete training at each covered mine, the
team should not be used as a first responder.
Under the final rule, the number of training sessions required at
the covered mine depends on the mine size and type of mine rescue team.
The following chart illustrates the required number of training
sessions at each covered mine.
Table 1.--Frequency of Training for Mine Rescue Team Members at Each Covered Underground Coal Mine Each Year
----------------------------------------------------------------------------------------------------------------
Mine size
Type of team -------------------------------------------------------------
Large (more than 36) Small (36 or fewer)
----------------------------------------------------------------------------------------------------------------
Mine Site......................................... 1 (annually)................ 1 (annually).
Composite......................................... 2 (semi-annually)........... 2 (semi-annually).
Contract.......................................... 4 (quarterly)............... 2 (semi-annually).
State-sponsored................................... 1 (annually)................ 1 (annually).
----------------------------------------------------------------------------------------------------------------
In response to comments, the final rule includes Sec. 49.20(d) to
clarify that a portion of the training at each covered mine must be
conducted underground.
f. Integration of Mine Rescue Team Training Requirements
The two new categories of training for mine rescue team members,
participation in mine rescue contests and participation in training at
the covered mines, complement the existing training. The final rule
retains existing requirements for training sessions underground every 6
months; and the wearing of breathing apparatus for a minimum of 2 hours
every 2 months. MSHA expects operators to integrate the new
requirements, including mine rescue training at the covered mines, with
the existing requirements.
g. Section 49.20(c) Employee of Multiple Mines
The final rule adds this paragraph in response to comments.
Commenters requested that the Agency clarify, for mine rescue team
purposes only, the employment status of an employee who works at
multiple mines for a single operator. For the purpose of mine rescue
team membership, this new provision allows a team member employed by an
operator of multiple mines to be considered an employee of each mine at
which the member regularly works. In this section, MSHA considers
``regularly works'' to mean that the member has recurring job duties at
each mine, exposing the member to the mine's underground operations,
conditions, and environment. For example, this may include surveyors,
engineers, safety personnel, electricians, and maintenance and service
personnel.
3. Section 49.30 Requirements for Small Coal Mines
The final rule, like the proposal, requires that members of mine
rescue teams covering a small mine know the operations and ventilation
of the mine. In response to comments, MSHA clarifies that small coal
mines applies to mines with 36 or fewer underground employees.
Commenters asked MSHA to clarify how the Agency would determine
employment for purposes of the rule. MSHA recognizes that a small
mine's employment may fluctuate from time to time. MSHA expects
operators to use data reported to MSHA for the quarterly employment and
coal production report required in Sec. 50.30 to determine the number
of underground employees working at a mine.
4. Section 49.40 Requirements for Large Coal Mines
The final rule, like the proposal, 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, consistent with the
MINER Act. The second mine rescue team can be a mine-site, composite,
contract, or State-sponsored team. MSHA clarifies that large coal mines
applies to mines that have more than 36 underground employees. MSHA
recognizes that a large mine's employment may fluctuate from time to
time. MSHA expects operators to use the data reported to MSHA for the
quarterly employment and coal production report required in Sec. 50.30
to determine the number of underground employees working at a mine.
5. Section 49.50 Certification of Mine Rescue Teams
The final rule establishes criteria to certify the qualifications
of mine rescue teams, consistent with the MINER Act.
a. Sec. 49.50(a) Certification Criteria
The final rule, like the proposal, requires that a mine operator
certify that each of the mine's two designated mine rescue teams meet
the requirements of this subpart. The certification criteria include a
certification statement, equipment and training requirements, and the
frequency of certification. As in the proposed rule, 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 final rule.
[[Page 7643]]
A commenter asked MSHA to clarify whether a mine rescue team member
may complete an annual certification statement. Like the proposal, the
final rule does not address who completes the annual certification
statement. To comply with this requirement, the mine operator must
certify and submit the annual certification statement to the District
Manager.
One commenter objected to operator certification of mine rescue
teams because it does not provide for an objective review of a team's
abilities. This commenter also expressed concern about MSHA's
``lifetime certification'' of mine rescue instructors and suggested
that MSHA require instructors to demonstrate routinely their skill and
understanding of mine rescue. The final rule provides that a local mine
rescue contest is training that provides an objective evaluation of
demonstrated mine rescue team skills. MSHA considers the evaluations of
team performance at the two required local mine rescue contests to be
an objective test and evaluation of a mine rescue team's abilities.
In response to comments, MSHA has added a requirement in the
certification table that judges must certify the results of the two
local contests. This will serve to provide further evidence of an
objective evaluation of a team's abilities. The final rule requires
that contest judges complete annual training for mine rescue contest
judges. As required by the final rule, a local mine rescue contest must
use the National Mine Rescue Contest rules, or other rules recognized
by MSHA. Contest judges receive comprehensive training on contest
rules. At each contest, each mine rescue team has a problem. In
general, judges use the following criteria to evaluate team
performance: (1) Communication with team members; (2) Time taken to
solve problem; (3) Accuracy of markings, e.g. on maps; (4) Team
effectiveness in solving problem; (5) Team effectiveness in handling
first responder activities, e.g. first-aid; and (6) Team's use of
technology, e.g. testing for methane and other gasses. Teams receive
discounts for mistakes, and an overall score. Periodically, MSHA will
monitor mine rescue team instructor activities. When a judge finds that
a team does not meet minimum skills, MSHA will audit the training and
notify the District Manager. Based on this audit, MSHA may revoke the
instructor's approval.
For further ease of understanding, MSHA divided the proposed Table
on Certification into two tables in the final rule. Table 49.50-A lists
the initial criteria to certify the qualifications of mine rescue
teams. Table 49.50-B lists the annual criteria to maintain mine rescue
team certification. New teams will have to meet these requirements.
In response to comments, this final rule includes an optional
certification form that operators may use to assist them in complying
with this section. This optional form is attached as an appendix to
this rule. The form is posted on MSHA's Web site. MSHA will accept
certification statements in all formats, both electronic and paper.
(b) Sec. 49.50(b) District Manager Notification
The final rule includes a new requirement that an operator must
notify the District Manager within 60 days of any change in team
membership. Commenters stated that the membership of each team is
subject to change and questioned the impact of changes on team
certification. MSHA clarifies that a team does not automatically lose
its certification when a team replaces a member. Under the final rule,
the operator has 60 days in which to notify the District Manager of any
change so that MSHA can assure continued compliance.
6. Section49.60 Requirements for a Local Mine Rescue Contest
The final rule, like the proposal, includes criteria for a local
mine rescue contest. It also requires that, when requested, the mine
operator must provide information to the District Manager concerning
each designated team's schedule of participation in upcoming local mine
rescue contests.
Paragraph (a) of this section in the final rule requires that a
local mine rescue contest is: conducted in the United States; uses MSHA
recognized rules; has a minimum of 3 teams; and has one or more
problems conducted on one or more days with a determined winner.
With respect to the requirement that contests use MSHA-recognized
rules, commenters stated that all contests should use MSHA National
Contest rules; others indicated that contests should concentrate on the
practical aspects of mine rescue and not focus on compliance with
rules. Some said the contest rules may be too restrictive. Like the
proposal, the final rule does not require contest organizers to use the
National Mine Rescue Contest Rules; it allows other rules recognized by
MSHA.
Commenters wanted MSHA to clarify the term ``participate,'' as used
in the proposal. As is existing practice, MSHA recognizes a team as
participating when the team is present and competes. Also, in response
to comments, MSHA will consider State-sponsored teams, whose members
are full-time state employees, as participating in a local mine rescue
contest when performing duties as contest judges or officials.
One commenter supported the proposed requirement stating that this
would allow companies to put on their own mine rescue contests and have
intra-company training. Another commenter questioned whether permitting
competitions with as few as three participating teams is adequate. As
stated in the proposal, MSHA intends that requiring a minimum of three
teams for a local mine rescue contest will encourage more contests
among teams in close geographic proximity. Therefore, the final rule
requires a minimum of three competing teams in a local mine rescue
contest.
Commenters indicated that participation in a mine rescue contest is
an opportunity to demonstrate the results of training. Teams spend a
lot of time preparing for contests. As stated in the proposal, teams
must prepare to compete as if the contest were an actual mine
emergency. MSHA agrees that preparation for a contest is a vital
component of team training, along with the interaction with other teams
and the evaluation provided by judges. Competing while being timed,
observed, and judged creates a stressful environment that provides an
effective forum for evaluating and testing the team's level of
knowledge and skill under simulated mine emergency conditions. The
ability to make effective decisions quickly, while under stress and
wearing breathing apparatus, is a vital skill for each mine rescue team
member to develop.
Most commenters agreed that, in order for judges to administer the
mine rescue contest fairly and provide appropriate and meaningful
evaluations, judges should have a strong background in mine rescue. In
addition, most commenters agreed that there should be prescribed areas
of annual training for contest judges, but did not want a minimum
required amount of time. Some stated that judges' training on the rules
should address changes in the rules only. MSHA disagrees because
training should always be comprehensive. This strengthens existing
skills and knowledge and accommodates new judges. Some commenters
indicated that persons with knowledge of mine rescue principles and
practices and experienced in mine rescue should be allowed to serve as
judges for local contests. Some said that only MSHA or State personnel
should judge contests. A few commenters stated that judges should have
actual mine
[[Page 7644]]
rescue experience, preferably experience in an actual emergency. MSHA
believes that the annual rules training is sufficient to adequately
train judges.
Paragraph (b) of this section in the final rule clarifies that a
local mine rescue contest provides an objective evaluation of
demonstrated mine rescue team skills. A number of commenters indicated
that there are other simulated mine rescue team exercises that also
enhance mine rescue skills and provide an evaluation of the team's
performance. A few commenters expressed concern that MSHA proposed
other simulated mine rescue team exercises as a substitute for a local
mine rescue contest. A local mine rescue contest provides an objective
evaluation of demonstrated mine rescue team skills. In response to
these comments, the final rule clarifies that a MERD exercise or
practical simulation exercise, such as a fire or explosion response
exercise, can be a local mine rescue contest for purposes of this
provision. MSHA recognizes that the benefit of preparing for a contest
is as valuable as competing.
Some commenters said that scheduling issues may preclude some mines
from participating in two local mine rescue contests and that
additional opportunities to participate in other types of simulated
mine rescue exercises allows teams to satisfy this requirement.
Two commenters stated that MSHA cannot allow substitution of other
training for participation in local mine rescue contests because the
MINER Act mandates that teams must participate at least annually in two
local mine rescue contests. As stated previously, MSHA considers that
participation in simulated mine rescue team exercises, where the
members wear breathing apparatus, demonstrate mine rescue team skills,
and receive an evaluation of team performance fosters an environment
conducive to increased preparation for mine rescue and mine emergency
response.
As stated in the preamble to the proposed rule, MSHA considers
actual underground participation in a rescue or recovery operation as a
substitute for participation in a local mine rescue contest.
The final rule requires mine operators to notify the appropriate
District Manager, on request, when and where their designated teams
plan to participate in mine rescue contests. This notice allows MSHA
time to prepare for attending the contest and to provide assistance as
necessary. This notice also allows MSHA to verify that the contest
meets the requirements of this final rule.
IV. 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 Regulatory Economic
Analysis (REA) for the final rule. The REA 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 REA is located on MSHA's Web
site at https://www.msha.gov/REGSINFO.HTM. A copy of the REA 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 requires that regulatory agencies assess both
the costs and benefits of significant regulatory actions. Under the
Executive Order, a ``significant regulatory action'' is one meeting any
of a number of specified conditions, including the following: Having an
annual effect on the economy of $100 million or more, creating a
serious inconsistency or interfering with an action of another,
materially altering the budgetary impact of entitlements or the rights
of entitlement recipients, or raising novel legal or policy issues.
Based on the REA, MSHA has determined that the final rule does 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 final rule is otherwise significant under Executive Order
12866 because it raises novel legal or policy issues.
B. Population at Risk
The rule applies to 653 underground coal mines covering 42,597
miners and 8,250 (non-office) contractors. Table 2 shows summary data
for underground coal mines.
Table 2.--Summary Data for Underground Coal Mines
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of
Number of Total number employees Annual revenue Annual cost
Mine size \a\ mines of miners \b\ underground (billions) (millions) Cost per mine
\b\
--------------------------------------------------------------------------------------------------------------------------------------------------------
1-19.................................................... 220 2,255 1,952 $0.3 $1.1 $5,200
20-500.................................................. 420 32,852 29,742 10.3 3.4 8,200
>500.................................................... 13 7,490 6,503 3.1 0.2 13,400
All Mines............................................... 653 42,597 38,197 13.7 4.8 7,400
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Size based on total mine employment.
\b\ Does not include 1,188 office workers or 8,250 (non-office) contractor employees, 4,096 of which work underground.
C. Costs
Table 3 shows a summary of the total yearly cost of this rule for
mine operators. MSHA estimates that
