Mine Rescue Team Equipment, 53116-53124 [E8-21449]
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Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations
this amendment effective less than 30
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action’’ under the criteria set forth in
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rulemaking is required for this
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29 CFR Part 4022
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2. In appendix B to part 4022, Rate Set
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■
Employee benefit plans, Pension
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Appendix B to Part 4022—Lump Sum
Interest Rates for PBGC Payments
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*
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■
For plans with a
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On or after
*
180
*
10–1–08
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*
i3
4.00
n1
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n2
*
*
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7
8
n1
n2
Appendix C to Part 4022—Lump Sum
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*
*
i1
3.25
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*
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i1
*
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Deferred annuities
(percent)
Immediate
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Before
*
i3
4.00
*
*
*
4.00
7
8
Authority: 29 U.S.C. 1301(a), 1302(b)(3),
1341, 1344, 1362.
PART 4044—ALLOCATION OF
ASSETS IN SINGLE–EMPLOYER
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*
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4. The authority citation for part 4044
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*
*
*
*
The values of i t are:
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it
*
*
*
October 2008 ....................................................................
Issued in Washington, DC, on this 8th day
of September 2008.
Vincent K. Snowbarger,
Deputy Director for Operations, Pension
Benefit Guaranty Corporation.
[FR Doc. E8–21415 Filed 9–12–08; 8:45 am]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Part 49
RIN 1219–AB56
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BILLING CODE 7709–01–P
Mine Rescue Team Equipment
Mine Safety and Health
Administration (MSHA), Labor.
ACTION: Final rule.
AGENCY:
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SUMMARY: The final rule amends
MSHA’s existing standards addressing
mine rescue team equipment at mine
rescue stations serving underground
coal and metal and nonmetal mines. It
updates the existing standards to reflect
advances in mine rescue team
equipment technology to increase safety
and improve the effectiveness of mine
rescue teams.
This final rule is effective on
November 14, 2008.
DATES:
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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:
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Outline of the Preamble
I. Introduction
II. Statutory and Rulemaking Background
III. Section-By-Section Analysis
A. Subpart A—Mine Rescue Teams for
Underground Metal and Nonmetal Mines
B. Subpart B—Mine Rescue Teams for
Underground Coal Mines
IV. Regulatory Economic Analysis
A. Executive Order 12866
B. Population at Risk
C. Compliance 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 updates MSHA’s
existing mine rescue team equipment
standards for teams serving
underground metal and nonmetal mines
(part 49, subpart A, § 49.6) and
underground coal mines (part 49,
subpart B, § 49.16). MSHA developed
this final rule from existing standards,
Agency experience, and comments and
testimony during the rulemaking. It is
critical that mine rescue team members
be provided with the latest in protective
equipment so they can safely and
effectively carry out their mission.
These changes will increase safety and
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improve the effectiveness of mine
rescue teams in responding to mine
emergencies.
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 at underground coal and
metal and nonmetal mines (45 FR
47002; July 11, 1980). On September 6,
2007, MSHA published the proposed
rule for Mine Rescue Team Equipment
(72 FR 51338) to update mine rescue
team equipment standards for
underground coal and metal and
nonmetal mines. MSHA held four
public 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 for the
proposed rule from November 9, 2007,
to November 16, 2007, to allow
additional time for public review of
transcripts.
III. Section-by-Section Analysis
On February 8, 2008, MSHA
published a final rule for Mine Rescue
Teams (73 FR 7636) making certain nonsubstantive organizational changes to 30
CFR part 49 and designating existing
standards for underground metal and
nonmetal mines as Subpart A—Mine
Rescue Teams for Underground Metal
and Nonmetal Mines, and existing
standards for underground coal mines
as Subpart B—Mine Rescue Teams for
Underground Coal Mines.
MSHA requested comment on
whether an oxygen resuscitator should
be provided for use by mine rescue
teams. A commenter stated that it was
important to include resuscitators as
standard mine rescue equipment and
that one of his company’s self-contained
breathing apparatus (SCBAs) can be
used as a resuscitator. However, other
commenters emphasized that states
have different requirements as to who
may administer oxygen and that to use
the oxygen resuscitator safely, personnel
must have considerable training and
retraining. When questioned by the
MSHA panel concerning requirements
of one particular state, the commenter
stated that his state had specific
requirements for use of emergency
medical service systems and suggested
that MSHA review the state’s Web site.
Standard mine rescue practice is to
have a spare oxygen breathing apparatus
available for trapped miners during
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search and rescue operations. In
consideration of the differing state
requirements, MSHA has decided not to
require oxygen resuscitators in this final
rule for these medical devices. Under
the final rule, mine rescue teams could
use oxygen resuscitators provided they
are used in accordance with relevant
state requirements and team members
are properly trained. The mine operator
and mine rescue team should determine
whether it is appropriate to use an
oxygen resuscitator.
A. Subpart A—Mine Rescue Teams for
Underground Metal and Nonmetal
Mines
Section 49.6 Equipment and
Maintenance Requirements
1. § 49.6(a)(1)
The final rule, like the proposal,
requires mine rescue stations to be
equipped with 12 self-contained
breathing apparatus (SCBAs), each
having a 4-hour capacity rather than a
2-hour capacity. It updates the existing
rule to reflect current industry practice.
The higher capacity SCBAs provide for
greater team effectiveness and provide a
greater measure of safety and health for
miners. The final rule also continues to
require that the mine rescue station
have any equipment necessary for
testing the breathing apparatus and that
the apparatus be approved by MSHA
and NIOSH under 42 CFR part 84
subpart H. The final rule also contains
non-substantive word changes. MSHA
received no comments on this proposal.
2. § 49.6(a)(2)
The final rule, like the proposal,
requires that mine rescue stations
maintain supplies of liquid air, liquid
oxygen, pressurized oxygen, or oxygen
generating chemicals, and carbon
dioxide absorbent chemicals, as
applicable to the supplied breathing
apparatus and sufficient to sustain each
team for 8 hours while using the
breathing apparatus during rescue
operations. MSHA received no
comments on this proposal.
3. § 49.6(a)(3)
The final rule, like the proposal,
requires mine rescue stations to be
equipped with two extra, fully-charged
oxygen bottles for every six SCBAs at
the station. MSHA received a comment
stating that the existing standard, which
required one extra fully-charged oxygen
bottle, was adequate. MSHA continues
to believe that two extra oxygen bottles
for every six SCBAs will assure an
additional reserve of a critical safety
component for mine rescue teams
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during time-sensitive underground
rescue or recovery operations.
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4. § 49.6(a)(4), (a)(5), and (a)(9)
The final rule, like the proposal,
addresses requirements for oxygen
pumps, cap lamps, and spare parts and
tools for repairing breathing apparatus
and communication systems. MSHA
received no comments on this proposal.
5. § 49.6(a)(6)
The final rule, like the proposal,
requires mine rescue stations to be
equipped with four gas detectors
appropriate for each gas that may be
encountered at the mines served. In
addition, like the proposal, detectors
must be capable of measuring specific
concentrations of methane, oxygen, and
carbon dioxide. Like the proposal, the
final rule leaves the decision as to the
type of detector to be used to the mine
operator.
Commenters stated that it was
unnecessary to require mine rescue
stations serving non-gassy metal and
nonmetal mines to have detectors to
measure methane. Mine rescue teams
serving metal and nonmetal mines
generally would need gas detectors
capable of measuring oxygen and carbon
monoxide.
Underground metal and nonmetal
mines classified under § 57.22003 as I–
B, I–C, II–B, IV, V–B, and VI are
commonly referred to as ‘‘non-gassy’’
mines. Existing § 57.22003 provides
overall parameters and testing
procedures for categorizing
underground metal and nonmetal
mines. Under the final rule, mine rescue
stations that service these mines, with
no methane in explosive concentrations,
would not need detectors to measure
methane.
Underground metal and nonmetal
mines classified in accordance with
§ 57.22003 as I–A, II–A, III, and V–A are
capable of producing methane gas in
explosive concentrations and are
commonly referred to as ‘‘gassy’’ mines.
Currently, eight underground M/NM
mines, classified under § 57.22003 as II–
A, III, and V–A, are ‘‘gassy’’ mines.
There are no active underground M/NM
mines currently classified as I–A.
Existing regulations in 30 CFR part 57
subpart T for these four categories of M/
NM ‘‘gassy’’ mines require underground
equipment to be approved,
examinations for methane to be
conducted at specified intervals, and the
use of MSHA-approved monitoring or
remote sensing devices. Mine rescue
stations serving these mines must have
detectors that measure methane in the
concentration range specified in the
final rule.
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Some commenters stated that the
existing requirement for mine rescue
stations to have two detectors per
station seemed sufficient. One
commenter stated that the reason given
in the proposal by MSHA that detectors
require time to recharge and be
calibrated does not take into account all
brands of detectors. The commenter
¨
stated that Draeger detectors have
replaceable alkaline batteries that could
easily last the four hours teams might
need to spend underground in rescue
and/or recovery activities. However, the
typical shift for a mine rescue team
during underground search and rescue
or recovery operations is eight hours,
some of which is under oxygen. Shifts
can last beyond eight hours under
special circumstances (e.g., availability
of transportation, type of work required,
and availability of change-out teams).
Gas detectors used underground by
mine rescue teams are cycled through
work shifts. After detectors have been
used, they need to be cleaned,
recharged, and sometimes recalibrated,
so they can be used for the next shift.
Mine rescue teams cannot go
underground without the required gasmeasuring instrumentation and, in timesensitive emergencies, cannot wait for
instruments to be recharged, cleaned, or
recalibrated. Having four detectors, two
per team, will allow teams to continue
their rescue/recovery activities without
having to be delayed. This requirement
will also provide the team with a
backup device underground in the event
of an equipment failure.
Like the proposal, the final rule
requires that detectors must be able to
measure methane concentrations from 0
percent to 100 percent of volume and
oxygen from 0 percent to at least 20
percent of volume. In response to
comments, the final rule requires that
detectors measure carbon monoxide
from 0 ppm to at least 9,999 ppm. The
proposal required that the detector
measure to at least 10,000 ppm. A
commenter stated that a multi-gas
detector that measures carbon monoxide
from 0 ppm to at least 9,999 ppm will
soon be available and will be smaller
and easier to carry than current
versions, and that MSHA should permit
this detector to be used. The final rule
requires detectors to 9,999 ppm since
this is essentially equivalent to 10,000
ppm.
Some commenters stated their
preference to continue the longstanding
practice of using electronic oxygen and
carbon monoxide testers in conjunction
with a bellows pump gas tube tester.
One commenter asked whether the
proposed rule would prohibit the
bellows pump detector. Under the
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proposal, MSHA did not intend to
prohibit the bellows pump with gas tube
detectors. However, if used, they must
be capable of measuring the required
gases within the ranges specified in the
final rule. MSHA encourages the use of
electronic gas detectors. These types of
detectors are more accurate than gas
tube-type detectors, and are available in
the ranges required by the final rule.
6. § 49.6(a)(7) Reserved
The final rule, like the proposal,
deletes the existing provision which
required mine rescue stations to be
provided with two oxygen indicators or
flame safety lamps, since this
equipment is technologically obsolete.
MSHA received no comments on this
proposal.
7. § 49.6(a)(8)
The final rule, like the proposal,
makes organizational changes to the
existing standard on communication
systems. MSHA received no comment
on this proposal.
8. § 49.6(b)
The final rule, like the proposal,
requires that mine rescue team
equipment be maintained to ensure
readiness for immediate use. The final
rule renumbers existing provisions, but
makes no substantive changes. MSHA
received no comments on this proposal.
B. Subpart B—Mine Rescue Teams for
Underground Coal Mines
Section 49.16 Equipment and
Maintenance Requirements
1. § 49.16(a)
The final rule, like the proposal,
requires mine rescue stations to be
equipped with certain equipment. It
allows mine rescue stations serving
certain underground anthracite coal
mines to have the type and amount of
equipment that would be appropriate
for the number of their mine rescue
team members.
As a result of granted petitions for
modification, mine rescue teams for
underground anthracite coal mines that
have no electrical equipment at the face
or working section are composed of
three members with one alternate to
serve both teams. Given these smaller
teams, anthracite operators submitted
petitions for modification requesting
that their mine rescue stations be
allowed to maintain eight SCBAs, eight
cap lamps, and a charging station, rather
than 12 of each as required by existing
§§ 49.6(a)(1) and (a)(5). MSHA
investigated each petition and made the
following finding:
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MSHA’s investigation found that reducing
the quantity of equipment required to be
purchased and maintained at the anthracite
mine rescue station to a quantity consistent
with the requirements of granted
modifications currently in effect, which
allow anthracite mines to be covered by two
mine rescue teams of three members each
and an alternate, will provide the same
measure of protection to the miners.
On the basis of those investigations,
MSHA granted these petitions for
modification of existing §§ 49.6(a)(1)
and (a)(5). Currently, 11 underground
anthracite coal mines operate under this
approved alternative method. The
reduced number of SCBAs and cap
lamps would provide sufficient
equipment for teams serving these
anthracite coal mines. MSHA received
no comments on this proposal.
2. § 49.16(a)(1)
The final rule, like the proposal,
requires mine rescue stations to be
equipped with 12 SCBAs, each with a
minimum 4-hour capacity, rather than a
2-hour capacity. It updates the existing
rule to reflect current industry practice.
The higher capacity SCBAs provide for
greater team effectiveness and provide a
greater measure of safety and health for
miners. The final rule also continues to
require that the mine rescue station
have any equipment necessary for
testing the breathing apparatus and that
the apparatus be approved by MSHA
and NIOSH under 42 CFR part 84
subpart H. The final rule also contains
non-substantive word changes. MSHA
received no comments on this proposal.
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3. § 49.16(a)(2)
The final rule, like the proposal,
requires that mine rescue stations
maintain supplies of liquid air, liquid
oxygen, pressurized oxygen, or oxygen
generating chemicals, and carbon
dioxide absorbent chemicals, as
applicable to the supplied breathing
apparatus and sufficient to sustain each
team for eight hours while using the
breathing apparatus during rescue
operations. MSHA received no
comments on this proposal.
4. § 49.16(a)(3)
The final rule, like the proposal,
requires mine rescue stations to be
equipped with two extra, fully-charged,
oxygen bottles for every six SCBAs at
the station. The existing standard
required one extra, fully-charged,
oxygen bottle for every six SCBAs.
MSHA received a comment stating
that the existing standard, which
required one extra fully charged oxygen
bottle, was adequate. MSHA continues
to believe that two extra oxygen bottles
for every six SCBAs will assure an
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additional reserve of a critical safety
component for mine rescue teams
during time-sensitive underground
rescue or recovery operations.
5. §§ 49.16(a)(4), (a)(5), and (a)(9)
The final rule, like the proposal,
addresses requirements for oxygen
pumps, cap lamps, and spare parts and
tools for repairing breathing apparatus
and communication systems. MSHA
received no comment on this proposal.
6. § 49.16(a)(6)
The final rule, like the proposal,
requires mine rescue stations to be
equipped with four gas detectors
appropriate for each gas that may be
encountered at the mines served. In
addition, like the proposal, detectors
must be capable of measuring specific
concentrations of methane, oxygen, and
carbon dioxide. Like the proposal, the
final rule leaves the decision as to the
type of detector to be used to the mine
operator.
Some commenters stated that the
existing requirement for mine rescue
stations to have two detectors per
station seemed sufficient. One
commenter stated that the reason given
in the proposal by MSHA that detectors
require time to recharge and be
calibrated does not take into account all
brands of detectors. The commenter
¨
stated Draeger detectors have
replaceable alkaline batteries that could
easily last the four hours teams might
need to spend underground in rescue
and/or recovery activities. However, the
typical shift for a mine rescue team
during underground search and rescue
or recovery operations is eight hours,
some of which is under oxygen. Shifts
can last beyond eight hours under
special circumstances (e.g., availability
of transportation, type of work required,
and availability of change-out teams).
Gas detectors used underground by
mine rescue teams are cycled through
work shifts. After detectors have been
used, they need to be cleaned,
recharged, and sometimes re-calibrated,
so they can be used for the next shift.
Mine rescue teams cannot go
underground without the required gasmeasuring instrumentation and, in timesensitive emergencies, cannot wait for
instruments to be recharged, cleaned, or
recalibrated. Having four detectors, two
per team, will allow teams to continue
their rescue/recovery activities without
having to be delayed. This requirement
will also provide the team with a
backup device underground in the event
of an equipment failure.
Like the proposal, the final rule
requires that detectors must be able to
measure methane concentrations from 0
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53119
percent to 100 percent of volume and
oxygen from 0 percent to at least 20
percent of volume. In response to
comments, the final rule requires that
detectors measure carbon monoxide
from 0 ppm to at least 9,999 ppm. The
proposal required that the detector
measure to at least 10,000 ppm. A
commenter stated that multi-gas
detectors that measure carbon monoxide
from 0 ppm to at least 9,999 ppm will
soon be available, and will be smaller
and easier to carry than current
versions, and that MSHA should permit
this detector to be used. The final rule
requires detectors to 9,999 ppm since
this is essentially equivalent to 10,000
ppm.
Some commenters stated their
preference to continue the longstanding
practice of using electronic oxygen and
carbon monoxide testers in conjunction
with a bellows pump gas tube tester.
One commenter asked whether the
proposed rule would prohibit the
bellows pump detector. Under the
proposal, MSHA did not intend to
prohibit the bellows pump with gas tube
detectors. However, if these devices are
used, they must be capable of measuring
the required gases within the ranges
specified in the final rule. MSHA
encourages the use of electronic gas
detectors. These types of detectors are
more accurate than gas tube-type
detectors, and are available in the ranges
required by the final rule.
7. § 49.16(a)(7) Reserved
The final rule, like the proposal,
deletes the existing provision that mine
rescue stations be provided with two
oxygen indicators or flame safety lamps
since this equipment is technologically
obsolete. MSHA received no comment
on this proposal.
8. § 49.16(a)(8)
The final rule, like the proposal,
requires that mine rescue team
equipment include a communication
system. One commenter suggested that
MSHA allow handheld permissible
radios to satisfy the requirement. In
support of this suggestion, the
commenter stated that these radios are
the best technology, and have been used
by the commenter exclusively in mine
emergencies and underground training
for the past five years. Mine rescue
teams may use a wireless
communication system or a wired
system provided the system is approved
under Part 23 of this title.
9. § 49.16(b)
The final rule, like the proposal,
requires that mine rescue team
equipment be maintained to ensure
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readiness for immediate use. MSHA
received no comments on this proposal.
IV. Regulatory Economic Analysis
A. Executive Order 12866
Executive Order (E.O.) 12866 (58 FR
51735), as amended by E.O. 13258 (67
FR 9385), requires that regulatory
agencies assess both the costs and
benefits of regulations. E.O. 12866
classifies a rule as a significant
regulatory action requiring review by
the Office of Management and Budget if,
among other things, it has an annual
effect on the economy of $100 million
or more; creates a serious inconsistency
or interferes with an action of another
agency; materially alters the budgetary
impact of entitlements or the rights of
entitlement recipients; or raises novel
legal or policy issues. 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
E.O. 12866 because it raises novel legal
or policy issues.
B. Population at Risk
Based on data for 2007, the final rule
applies to 613 underground coal mines
and 233 underground metal and
nonmetal mines with miners working
underground. It covers 42,176 coal
miners, 15,223 metal and nonmetal
miners, and 8,139 coal and metal and
nonmetal (non-office) contractors
working underground in these mines.
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C. Compliance Costs
MSHA estimates that the total yearly
cost of the final rule is approximately
$812,000. MSHA estimates that the
costs are allocated as follows:
approximately $452,000 for coal
operators, approximately $250,000 for
metal and nonmetal operators, and
approximately $110,000 for State and
local governments. Government-owned
mine rescue stations serving
underground coal mines include 20
State, one county, and two public
colleges. Government-owned mine
rescue stations serving underground
metal and nonmetal mines include one
Federal and 13 State. Some of the mine
rescue stations serving underground
coal mines also serve underground
metal and nonmetal mines.
Final § 49.16(a) requires that mine
rescue stations serving underground
anthracite coal mines, which have no
electrical equipment at the face or
working section, have at least the
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amount of equipment appropriate for
the number of mine rescue team
members. These anthracite coal mines
typically have fewer mine rescue team
members. This standard allows mine
rescue stations associated with mine
rescue teams having a reduced number
of members to maintain fewer SCBAs,
cap lamps, and charging racks than
required under §§ 49.16(a)(1) and (a)(5)
for other coal mine rescue stations.
Because granted petitions for
modification already permit these
anthracite coal mines to have equipment
appropriate for the number of mine
rescue team members, MSHA estimates
that, for anthracite mines, there will be
no change in costs for this provision.
Final §§ 49.6(a)(1) and 49.16(a)(1)
require that mine rescue stations serving
underground metal and nonmetal and
coal mines be equipped with 12 SCBAs,
each with a minimum 4-hour capacity,
and associated testing equipment.
Because MSHA has determined that all
mine rescue stations serving metal and
nonmetal and coal mines are already
equipped with MSHA and NIOSH
approved 4-hour SCBAs and associated
testing equipment, the Agency estimates
that there are no costs associated with
this requirement.
Final §§ 49.6(a)(2) and 49.16(a)(2)
require that mine rescue stations serving
underground coal and metal and
nonmetal mines increase their supply of
liquid air, liquid oxygen, pressurized
oxygen, or oxygen generating chemicals
and carbon dioxide absorbent chemicals
from six hours to eight hours for each
team. Based on MSHA’s knowledge and
experience, these supplies are
purchased in bulk, and the final rule
would only cause mine operators to
restock these supplies slightly more
frequently. MSHA estimates that the
associated cost would be negligible.
Under the final rule, mine operators
must stock an extra two hours of liquid
oxygen, pressurized oxygen, or oxygen
generating chemicals and carbon
dioxide absorbent chemicals; they do
not have to use them in training.
Final §§ 49.6(a)(3) and 49.16(a)(3)
require that two additional fullycharged oxygen bottles be provided for
every six self-contained breathing
apparatus. The existing standard
required one extra, fully-charged oxygen
bottle for every six self-contained
breathing apparatus. To meet the final
requirements, MSHA estimates that one
additional oxygen bottle will have to be
purchased for each mine rescue station.
MSHA estimates that the cost for one
oxygen bottle is $1,615, to which MSHA
has applied an annualization factor of
0.11 to reflect a 7 percent discount rate
applied over 15 years. The resulting
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annualized cost is $178 for each mine
rescue station. There are 92 existing
mine rescue stations serving
underground coal mines and a total of
65 mine rescue stations serving metal
and nonmetal mines. In the Agency’s
final rule for Mine Rescue Teams (73 FR
7635, February 8, 2008), MSHA
estimated that the underground coal
mining industry will need to create 28
additional stations, for a total of 120
mine rescue stations. MSHA estimates
that the yearly cost of this final
requirement is $11,570 for mine rescue
stations serving underground metal and
nonmetal mines, and $21,360 for mine
rescue stations serving underground
coal mines.
Final §§ 49.6(a)(6) and 49.16(a)(6)
require mine rescue stations serving
underground metal and nonmetal mines
and underground coal mines to have
four gas detectors appropriate for each
type of gas that may be encountered at
the mines served. Gas detectors must
measure concentrations of methane
from 0.0 percent to 100 percent of
volume, oxygen from 0.0 percent to at
least 20 percent of volume, and carbon
monoxide from 0.0 parts per million to
at least 9,999 parts per million. Oxygen
is present in all underground metal and
nonmetal mines, and carbon monoxide
can be found in the vast majority of
underground metal and nonmetal
mines. Other gases can also be found in
underground metal and nonmetal
mines. Methane, oxygen, and carbon
monoxide and other gases can be found
in underground coal mines.
To estimate the incremental costs for
gas detectors under this final rule,
MSHA compared the cost for gas
detectors under the final rule to the
baseline cost for gas detectors under the
existing rule. Either single-gas or multigas detectors may be used under the
existing and final rules, but for costing
purposes MSHA assumed that multi-gas
detectors are being and will be used. In
addition, in response to comments,
MSHA increased costs from the
proposal to cover maintenance and
calibration.
Under the existing rule, each mine
rescue station is required to have two
gas detectors appropriate for each type
of gas that may be encountered at the
mines served. Mine rescue stations
currently have multi-gas detectors that
comply with the existing rule, and these
detectors would have to be replaced
over time. MSHA assumed a
replacement cost of $2,000 for each
multi-gas detector required under the
existing rule. MSHA also assumed that
the existing calibration kit for each mine
rescue station would not need to be
replaced. MSHA estimates that the
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essential accessories for a multi-gas
detector include a charging module, a
battery pack, a protective case, and a
remote sampling pump at a cost of $862.
The total estimated baseline cost for for
a multi-gas detector and essential
accessories is $2,862. These baseline
costs are subject to an annualization
factor of 0.244 to reflect a 7 percent
discount rate and a service life of 5
years. MSHA further assumed that
replacement of a multi-gas detector and
essential accessories under the existing
rule would have occurred in
approximately three years. Therefore,
these baseline costs were discounted by
three years using a 7 percent discount
rate. The estimated annualized cost for
the replacement of a multi-gas detector
and essential accessories is $569.
In addition, MSHA estimated a
baseline cost of $712 for annual
maintenance and calibration for each
multi-gas detector. MSHA assumed that
annual maintenance and calibration
would have continued each following
year and, therefore, annual maintenance
baseline costs were discounted by one
year using a 7 percent discount rate. The
discounted baseline cost for annual
maintenance and calibration for a multigas detector is estimated to be $666.
The total estimated yearly baseline
cost to replace a multi-gas detector and
essential accessories and to maintain
and calibrate the multi-gas detector
under the existing rule is $1,235 a year.
Because each mine rescue station is
required to have two gas detectors under
the existing rule, the total baseline cost
for two multi-gas detectors is $2,470 for
each mine rescue station.
Under the final rule, MSHA estimates
that all mine rescue stations will be
equipped with four multi-gas detectors
appropriate for each type of gas that
may be encountered at the mines
served. MSHA also estimates that all
mine rescue stations will be equipped
with essential accessories for each
multi-gas detector and that each mine
will be equipped with one calibration
kit. In response to comments, MSHA
increased the cost for each multi-gas
detector from $2,000 under the proposal
to $3,000 under this final rule. MSHA
estimates that the cost of essential
accessories for a multi-gas detector is
$862 and that a calibration kit costs
approximately $268. The estimated cost
for four multi-gas detectors, four
essential accessories, and one
calibration kit is $15,716. These costs
are all subject to an annualization factor
of 0.244 to reflect a 7 percent discount
rate and a service life of 5 years. The
annualized cost to purchase the four
multi-gas detectors, four essential
accessories, and one calibration kit
under this final rule is $3,835 for each
mine rescue station. In addition, MSHA
estimates that the annual maintenance
53121
and calibration cost for a multi-gas
detector is approximately $712, for a
total of $2,848 for four multi-gas
detectors. The total estimated yearly
cost to purchase four multi-gas
detectors, four essential accessories, and
a calibration kit, and to maintain and
calibrate the four multi-gas detectors is
$6,683.
MSHA estimates that the incremental
yearly cost of the gas detectors is $4,213
($6,683 minus the baseline cost of
$2,470) for each mine rescue station,
and a total of $273,845 for the 65 mine
rescue stations serving underground
metal and nonmetal mines, and
$505,580 for the 120 mine rescue
stations serving underground coal
mines.
MSHA has not associated any costs
with the existing requirements for mine
rescue stations to be equipped with
either two oxygen indicators or two
flame safety lamps, since they reflect
obsolete technology. MSHA believes
that most mine operators have already
replaced flame safety lamps and oxygen
indicators with new, more accurate
technologically advanced devices.
Table I summarizes the estimated
total cost of this rule. In response to
comments, MSHA has estimated
separate costs for mine rescue stations
serving underground coal mines and
underground metal and nonmetal mines
of $526,920 and $285,415, respectively.
TABLE I—ESTIMATED TOTAL YEARLY COST OF THE FINAL RULE
Number of mine
rescue stations
Mine size
Annualized cost
per mine rescue
station for one
oxygen bottle
Annualized
incremental cost
per mine rescue
station for gas
detectors under
final rule
Total yearly cost
Mine Rescue Stations Serving Underground Coal Mines
1–19 .........................................................................................
20–500 .....................................................................................
501+ .........................................................................................
Government .............................................................................
19
71
13
17
$178
178
178
178
$4,213
4,213
4,213
4,213
$83,429
311,761
57,083
74,647
Total ..................................................................................
120
..............................
..............................
526,920
Mine Rescue Stations Serving Underground Metal and Non-Metal Mines
2
50
5
8
$178
178
178
178
$4,213
4,213
4,213
4,213
$8,782
219,550
21,955
35,128
Total ..................................................................................
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1–19 .........................................................................................
20–500 .....................................................................................
501+ .........................................................................................
Government .............................................................................
65
..............................
..............................
285,415
D. Benefits
The requirements in this rule will
improve and enhance equipment for
mine rescue teams who must respond,
for rescue and recovery, to an
emergency at an underground mine.
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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. Mine rescue team members
often put themselves in danger to save
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miners injured or trapped underground
as the result of these events, and to
recover miners who can’t be rescued. To
help them to conduct mine rescue and
recovery activities safely and effectively,
mine rescue teams must be provided
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with up-to-date mine rescue equipment.
In an emergency, a properly equipped
mine rescue team could mean the
difference between life and death.
V. Feasibility
MSHA has concluded that the
requirements of the final rule are
technologically and economically
feasible.
A. Technological Feasibility
This final rule is technologically
feasible because all mine rescue team
equipment required in this rule is
available and in use in many
underground mines.
B. Economic Feasibility
Due to a total cost of approximately
$812,000 for this rule, MSHA concludes
that the rule is economically feasible.
jlentini on PROD1PC65 with RULES
VI. Regulatory Flexibility Act and
Small Business Regulatory Enforcement
Fairness Act
In accordance with 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 Counsel for Advocacy, Small
Business Administration (SBA), and
made the certification under section
605(b) of the Regulatory Flexibility Act
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 below.
A. Definition of a Small Mine
Under the RFA, in analyzing the
impact of a rule on small entities,
MSHA must use the SBA 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 taken such an
action and, thus, 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 impacts
of this rule on underground coal and
metal and nonmetal 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.
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B. Factual Basis for Certification
MSHA initially evaluates the
economic impact of a rule on ‘‘small
entities’’ by comparing the estimated
cost of the rule for small entities to their
estimated revenue. When the estimated
cost is less than one percent of
estimated revenue 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. Due to the costs of this final
rule, MSHA certifies that it does not
have a significant economic impact on
a substantial number of small entities.
VII. Paperwork Reduction Act of 1995
The final rule, like the existing rule,
requires certification of inspection,
testing, and any corrective action taken
for breathing apparatus. MSHA
estimates that any additional paperwork
burden due to the requirements in the
final rule is de minimis and, therefore,
has not included an additional
paperwork burden.
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 increase expenditures
minimally by State, local, or tribal
governments, because it requires certain
new equipment for mine rescue stations.
These changes will not directly affect
States or their relationships with the
national government; however, some
States sponsor or equip mine rescue
stations.
B. The Treasury and General
Government Appropriations Act of
1999: Assessment of Federal
Regulations and Policies on Families
This final rule will have no affect on
family well-being or stability, marital
commitment, parental rights or
authority, or income or poverty of
families and children. Accordingly,
Section 654 of the Treasury and General
Government Appropriations Act of 1999
(5 U.S.C. 601 note) requires no further
Agency action, analysis, or assessment.
C. Executive Order 12630: Government
Actions and Interference With
Constitutionally Protected Property
Rights
This final rule would not implement
a policy with takings implications.
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Accordingly, E.O. 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights, 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, Civil Justice
Reform.
E. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
This final rule would have no adverse
impact on children. Accordingly, E.O.
13045, Protection of Children from
Environmental Health Risks and Safety
Risks, as amended by E.O. 13229 and
13296, requires no further Agency
action or analysis.
F. Executive Order 13132: Federalism
Executive Order (E.O.) 13132 requires
MSHA to develop an accountable
process to ensure a meaningful and
timely input by State and local officials
in the development of regulatory
policies that have ‘‘federalism
implications.’’ Policies that have
federalism implications are defined as
having ‘‘substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.’’ The final rule
places new equipment requirements on
mine operators and States that provide
mine rescue stations. 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 or equip mine rescue
stations.
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This final rule would not have ‘‘tribal
implications’’ because it does 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, Consultation
and Coordination with Indian Tribal
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§ 49.6 Equipment and maintenance
requirements.
Governments, requires no further
Agency action or analysis.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This final rule has been reviewed for
its impact on the supply, distribution,
and use of energy because it applies to
the underground coal mining sector.
Insofar as this final rule results in yearly
costs of approximately $0.5 million to
the underground coal mining industry,
relative to annual revenues of $14.1
billion in 2007, 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 * * * (including a shortfall in
supply, price increases, and increased
use of foreign supplies).’’ Accordingly,
E.O. 13211, Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use,
requires no further Agency action or
analysis.
I. Executive Order 13272: Proper
Consideration of Small Entities in
Agency Rulemaking
MSHA has 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.
List of Subjects in 30 CFR Part 49
Coal mines, Emergency equipment
and maintenance, Emergency response
services, Metal mines, Mine safety and
health, Nonmetal mines, Underground
mining.
Dated: September 9, 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 is
amending chapter I of title 30 of the
Code of Federal Regulations as follows:
■
jlentini on PROD1PC65 with RULES
PART 49—MINE RESCUE TEAMS
1. The authority for part 49 continues
to read as follows:
■
Authority: 30 U.S.C. 811, 825(e), 957.
■
2. Revise § 49.6 to read as follows:
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(a) Each mine rescue station shall be
provided with at least the following
equipment:
(1) Twelve self-contained breathing
apparatus, each with a minimum of 4
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, or
oxygen generating chemicals, and
carbon dioxide absorbent chemicals,
applicable to the supplied breathing
apparatus and sufficient to sustain each
team for eight hours while using the
breathing apparatus during rescue
operations.
(3) Two extra, fully-charged oxygen
bottles for every six self-contained
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) Four gas detectors appropriate for
each type of gas that may be
encountered at the mines served. Gas
detectors must measure concentrations
of methane from 0.0 percent to 100
percent of volume, oxygen from 0.0
percent to at least 20 percent of volume,
and carbon monoxide from 0.0 parts per
million to at least 9,999 parts per
million.
(7) [Reserved].
(8) One portable mine rescue
communication system (approved under
part 23 of this title) or a sound-powered
communication system.
(i) The wires or cable to the
communication system shall be of
sufficient tensile strength to be used as
a manual communication system.
(ii) These communication systems
shall be at least 1,000 feet in length.
(9) Necessary spare parts and tools for
repairing the breathing apparatus and
communication system.
(b) Mine rescue apparatus and
equipment shall be maintained in a
manner that will ensure readiness for
immediate use.
(1) 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.
(2) 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.
(3) The certification and the record of
corrective action shall be maintained at
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53123
the mine rescue station for a period of
one year and made available on request
to an authorized representative of the
Secretary.
■ 3. Revise § 49.16 to read as follows:
§ 49.16 Equipment and maintenance
requirements.
(a) Each mine rescue station shall be
provided with at least the following
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 breathing
apparatus, each with a minimum of 4
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, or
oxygen generating chemicals, and
carbon dioxide absorbent chemicals, as
applicable to the supplied breathing
apparatus and sufficient to sustain each
team for 8 hours while using the
breathing apparatus during rescue
operations.
(3) Two extra, fully-charged oxygen
bottles for every six self-contained
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) Four gas detectors appropriate for
each type of gas that may be
encountered at the mines served. Gas
detectors must measure concentrations
of methane from 0.0 percent to 100
percent of volume, oxygen from 0.0
percent to at least 20 percent of volume,
and carbon monoxide from 0.0 parts per
million to at least 9,999 parts per
million.
(7) [Reserved].
(8) One portable mine rescue
communication system (approved under
part 23 of this title) or a sound-powered
communication system.
(i) The wires or cable to the
communication system shall be of
sufficient tensile strength to be used as
a manual communication system.
(ii) These communication systems
shall be at least 1,000 feet in length.
(9) Necessary spare parts and tools for
repairing the breathing apparatus and
communication system.
(b) Mine rescue apparatus and
equipment shall be maintained in a
manner that will ensure readiness for
immediate use.
(1) A person trained in the use and
care of breathing apparatus shall inspect
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and test the apparatus at intervals not
exceeding 30 days and shall certify by
signature and date that the inspections
and tests were done.
(2) 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.
(3) 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.
[FR Doc. E8–21449 Filed 9–12–08; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Part 75
RIN 1219–AB40
Fire Extinguishers in Underground
Coal Mines
Mine Safety and Health
Administration, Labor.
ACTION: Final rule.
AGENCY:
SUMMARY: The Mine Safety and Health
Administration (MSHA) is revising the
existing standard for the quantity and
location of firefighting equipment in
underground coal mines to assure that
it is readily available to quickly
extinguish a fire. In lieu of the existing
requirements for rock dust and other
firefighting equipment, this final rule
allows the use of portable fire
extinguishers in working sections of
underground anthracite coal mines that
have no electrical equipment at the
working section and produce less than
300 tons of coal per shift. The rule also
requires an additional fire extinguisher
in lieu of rock dust at temporary
electrical installations in all
underground coal mines.
DATES: This rule is effective October 15,
2008.
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with RULES
I. Introduction
The existing safety standards are
designed to assure that firefighting
equipment is readily available to
quickly extinguish a fire and prevent its
spread. Because of the explosive nature
of coal dust and the possible presence
of methane gas, there is great potential
for a fire to spread to other areas of the
underground coal mine. Historical
records demonstrate that the
consequences of a fire in an
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underground coal mine can be
disastrous.
II. Background
The Bureau of Mines in the U.S.
Department of the Interior (Bureau)
promulgated and enforced fire
protection standards under the Federal
Coal Mine Safety Act (30 U.S.C. 451–
483). These standards continued in
effect under the Federal Coal Mine
Health and Safety Act of 1969 (Coal Act)
through a transfer provision in the law.
On November 20, 1970 (35 FR 17890),
the Bureau revised its standards
addressing fire protection in
underground coal mines. The revised
standards continued in effect under the
Federal Mine Safety and Health Act of
1977 (Mine Act) through a transfer
provision in the Mine Act when the
enforcement of mine safety and health
was moved from the Department of the
Interior to the Department of Labor. The
standard addressed in this rule has not
changed since that time.
MSHA published a proposed rule (72
FR 72301) on December 20, 2007, to
allow the use of an additional fire
extinguisher in lieu of rock dust in the
working sections of underground
anthracite mines. The proposal also
would have required the use of an
additional fire extinguisher in lieu of
rock dust at temporary electrical
installations in an underground coal
mine. MSHA received no comments on
the proposal and, therefore, is
publishing the final rule without
change.
A. Petition for Modification of a
Mandatory Safety Standard
Section 101(c) of the Mine Act allows
a mine operator or the representative of
miners to petition MSHA for a
modification of an existing safety
standard. After investigating each
petition, MSHA may grant a
modification of a safety standard when
MSHA determines that—
• The alternative method for
achieving the desired result will at all
times guarantee no less than the same
measure of protection as the existing
standard, or
• The application of the existing
standard will result in a diminution of
safety to miners at that mine.
Underground anthracite coal mine
operators have filed petitions for
modification to use portable fire
extinguishers in lieu of rock dust and
other firefighting equipment in the
working sections of mines that produce
less than 300 tons of coal per shift and
use no electrical equipment at the face.
Also, many underground coal mine
operators have filed petitions for
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Sfmt 4700
modification to use portable fire
extinguishers in lieu of rock dust at
temporary electrical installations. This
final rule eliminates the need to file a
petition to use only portable fire
extinguishers at these locations.
B. Rock Dust for Fire Protection
Rock dust is an inorganic, noncombustible dust, such as crushed
limestone, that the mine operator
spreads on coal surfaces to reduce the
chance of stirring up an explosive
suspension of coal dust. The rock dust
also can work as a fire suppressant by
smothering the flame. It is widely used
in coal mining to reduce the likelihood
of coal dust explosions or flame
propagation. A single bag of rock dust
weighs about 40 pounds when dry. In
damp environments, a bag of rock dust
will absorb water, rendering it
ineffective for fire prevention or
suppression purposes. Damp rock dust
becomes somewhat plastic in
consistency and dries into a hard, bricklike mass. The presence of bags of rock
dust can give a false sense of security for
firefighting purposes because the rock
dust can absorb water even through a
sealed bag. The miner or mine operator
can be unaware that the rock dust is
useless as a fire suppressant until trying
to use it. Bags of rock dust must be
protected from moisture, checked
frequently, and replaced if wet or
hardened. This lifting and moving of
heavy bags of rock dust increases the
risk of injury to miners.
C. Requirements for Portable Fire
Extinguishers
Existing § 75.1100–1(e) sets
requirements for a portable fire
extinguisher as follows:
(e) Portable fire extinguisher: A portable
fire extinguisher shall be either (1) a
multipurpose dry chemical type containing a
nominal weight of 5 pounds of dry powder
and enough expellant to apply the powder or
(2) a foam-producing type containing at least
21⁄2 gallons of foam-producing liquids and
enough expellant to supply the foam. Only
fire extinguishers approved by the
Underwriters Laboratories, Inc., or Factory
Mutual Research Corp., carrying appropriate
labels as to type and purpose, shall be used.
After March 30, 1971, all new portable fire
extinguishers acquired for use in a coal mine
shall have a 2A 10 BC or higher rating.
III. Section-by-Section Analysis
Existing § 75.1100–2 sets
requirements for the quantity and
location of firefighting equipment in
underground coal mines. At working
sections, paragraph (a) requires 240
pounds of rock dust (about six bags),
two portable fire extinguishers, and a
ready supply of water or dry chemical.
E:\FR\FM\15SER1.SGM
15SER1
]]>Agencies
[Federal Register Volume 73, Number 179 (Monday, September 15, 2008)]
[Rules and Regulations]
[Pages 53116-53124]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21449]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Part 49
RIN 1219-AB56
Mine Rescue Team Equipment
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The final rule amends MSHA's existing standards addressing
mine rescue team equipment at mine rescue stations serving underground
coal and metal and nonmetal mines. It updates the existing standards to
reflect advances in mine rescue team equipment technology to increase
safety and improve the effectiveness of mine rescue teams.
DATES: This final rule is effective on November 14, 2008.
[[Page 53117]]
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. Subpart A--Mine Rescue Teams for Underground Metal and
Nonmetal Mines
B. Subpart B--Mine Rescue Teams for Underground Coal Mines
IV. Regulatory Economic Analysis
A. Executive Order 12866
B. Population at Risk
C. Compliance 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 updates MSHA's existing mine rescue team equipment
standards for teams serving underground metal and nonmetal mines (part
49, subpart A, Sec. 49.6) and underground coal mines (part 49, subpart
B, Sec. 49.16). MSHA developed this final rule from existing
standards, Agency experience, and comments and testimony during the
rulemaking. It is critical that mine rescue team members be provided
with the latest in protective equipment so they can safely and
effectively carry out their mission. These changes will increase safety
and improve the effectiveness of mine rescue teams in responding to
mine emergencies.
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 at underground coal and metal and nonmetal mines
(45 FR 47002; July 11, 1980). On September 6, 2007, MSHA published the
proposed rule for Mine Rescue Team Equipment (72 FR 51338) to update
mine rescue team equipment standards for underground coal and metal and
nonmetal mines. MSHA held four public 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 for the proposed rule from November 9,
2007, to November 16, 2007, to allow additional time for public review
of transcripts.
III. Section-by-Section Analysis
On February 8, 2008, MSHA published a final rule for Mine Rescue
Teams (73 FR 7636) making certain non-substantive organizational
changes to 30 CFR part 49 and designating existing standards for
underground metal and nonmetal mines as Subpart A--Mine Rescue Teams
for Underground Metal and Nonmetal Mines, and existing standards for
underground coal mines as Subpart B--Mine Rescue Teams for Underground
Coal Mines.
MSHA requested comment on whether an oxygen resuscitator should be
provided for use by mine rescue teams. A commenter stated that it was
important to include resuscitators as standard mine rescue equipment
and that one of his company's self-contained breathing apparatus
(SCBAs) can be used as a resuscitator. However, other commenters
emphasized that states have different requirements as to who may
administer oxygen and that to use the oxygen resuscitator safely,
personnel must have considerable training and retraining. When
questioned by the MSHA panel concerning requirements of one particular
state, the commenter stated that his state had specific requirements
for use of emergency medical service systems and suggested that MSHA
review the state's Web site.
Standard mine rescue practice is to have a spare oxygen breathing
apparatus available for trapped miners during search and rescue
operations. In consideration of the differing state requirements, MSHA
has decided not to require oxygen resuscitators in this final rule for
these medical devices. Under the final rule, mine rescue teams could
use oxygen resuscitators provided they are used in accordance with
relevant state requirements and team members are properly trained. The
mine operator and mine rescue team should determine whether it is
appropriate to use an oxygen resuscitator.
A. Subpart A--Mine Rescue Teams for Underground Metal and Nonmetal
Mines
Section 49.6 Equipment and Maintenance Requirements
1. Sec. 49.6(a)(1)
The final rule, like the proposal, requires mine rescue stations to
be equipped with 12 self-contained breathing apparatus (SCBAs), each
having a 4-hour capacity rather than a 2-hour capacity. It updates the
existing rule to reflect current industry practice. The higher capacity
SCBAs provide for greater team effectiveness and provide a greater
measure of safety and health for miners. The final rule also continues
to require that the mine rescue station have any equipment necessary
for testing the breathing apparatus and that the apparatus be approved
by MSHA and NIOSH under 42 CFR part 84 subpart H. The final rule also
contains non-substantive word changes. MSHA received no comments on
this proposal.
2. Sec. 49.6(a)(2)
The final rule, like the proposal, requires that mine rescue
stations maintain supplies of liquid air, liquid oxygen, pressurized
oxygen, or oxygen generating chemicals, and carbon dioxide absorbent
chemicals, as applicable to the supplied breathing apparatus and
sufficient to sustain each team for 8 hours while using the breathing
apparatus during rescue operations. MSHA received no comments on this
proposal.
3. Sec. 49.6(a)(3)
The final rule, like the proposal, requires mine rescue stations to
be equipped with two extra, fully-charged oxygen bottles for every six
SCBAs at the station. MSHA received a comment stating that the existing
standard, which required one extra fully-charged oxygen bottle, was
adequate. MSHA continues to believe that two extra oxygen bottles for
every six SCBAs will assure an additional reserve of a critical safety
component for mine rescue teams
[[Page 53118]]
during time-sensitive underground rescue or recovery operations.
4. Sec. 49.6(a)(4), (a)(5), and (a)(9)
The final rule, like the proposal, addresses requirements for
oxygen pumps, cap lamps, and spare parts and tools for repairing
breathing apparatus and communication systems. MSHA received no
comments on this proposal.
5. Sec. 49.6(a)(6)
The final rule, like the proposal, requires mine rescue stations to
be equipped with four gas detectors appropriate for each gas that may
be encountered at the mines served. In addition, like the proposal,
detectors must be capable of measuring specific concentrations of
methane, oxygen, and carbon dioxide. Like the proposal, the final rule
leaves the decision as to the type of detector to be used to the mine
operator.
Commenters stated that it was unnecessary to require mine rescue
stations serving non-gassy metal and nonmetal mines to have detectors
to measure methane. Mine rescue teams serving metal and nonmetal mines
generally would need gas detectors capable of measuring oxygen and
carbon monoxide.
Underground metal and nonmetal mines classified under Sec.
57.22003 as I-B, I-C, II-B, IV, V-B, and VI are commonly referred to as
``non-gassy'' mines. Existing Sec. 57.22003 provides overall
parameters and testing procedures for categorizing underground metal
and nonmetal mines. Under the final rule, mine rescue stations that
service these mines, with no methane in explosive concentrations, would
not need detectors to measure methane.
Underground metal and nonmetal mines classified in accordance with
Sec. 57.22003 as I-A, II-A, III, and V-A are capable of producing
methane gas in explosive concentrations and are commonly referred to as
``gassy'' mines. Currently, eight underground M/NM mines, classified
under Sec. 57.22003 as II-A, III, and V-A, are ``gassy'' mines. There
are no active underground M/NM mines currently classified as I-A.
Existing regulations in 30 CFR part 57 subpart T for these four
categories of M/NM ``gassy'' mines require underground equipment to be
approved, examinations for methane to be conducted at specified
intervals, and the use of MSHA-approved monitoring or remote sensing
devices. Mine rescue stations serving these mines must have detectors
that measure methane in the concentration range specified in the final
rule.
Some commenters stated that the existing requirement for mine
rescue stations to have two detectors per station seemed sufficient.
One commenter stated that the reason given in the proposal by MSHA that
detectors require time to recharge and be calibrated does not take into
account all brands of detectors. The commenter stated that Dra[euml]ger
detectors have replaceable alkaline batteries that could easily last
the four hours teams might need to spend underground in rescue and/or
recovery activities. However, the typical shift for a mine rescue team
during underground search and rescue or recovery operations is eight
hours, some of which is under oxygen. Shifts can last beyond eight
hours under special circumstances (e.g., availability of
transportation, type of work required, and availability of change-out
teams). Gas detectors used underground by mine rescue teams are cycled
through work shifts. After detectors have been used, they need to be
cleaned, recharged, and sometimes recalibrated, so they can be used for
the next shift. Mine rescue teams cannot go underground without the
required gas-measuring instrumentation and, in time-sensitive
emergencies, cannot wait for instruments to be recharged, cleaned, or
recalibrated. Having four detectors, two per team, will allow teams to
continue their rescue/recovery activities without having to be delayed.
This requirement will also provide the team with a backup device
underground in the event of an equipment failure.
Like the proposal, the final rule requires that detectors must be
able to measure methane concentrations from 0 percent to 100 percent of
volume and oxygen from 0 percent to at least 20 percent of volume. In
response to comments, the final rule requires that detectors measure
carbon monoxide from 0 ppm to at least 9,999 ppm. The proposal required
that the detector measure to at least 10,000 ppm. A commenter stated
that a multi-gas detector that measures carbon monoxide from 0 ppm to
at least 9,999 ppm will soon be available and will be smaller and
easier to carry than current versions, and that MSHA should permit this
detector to be used. The final rule requires detectors to 9,999 ppm
since this is essentially equivalent to 10,000 ppm.
Some commenters stated their preference to continue the
longstanding practice of using electronic oxygen and carbon monoxide
testers in conjunction with a bellows pump gas tube tester. One
commenter asked whether the proposed rule would prohibit the bellows
pump detector. Under the proposal, MSHA did not intend to prohibit the
bellows pump with gas tube detectors. However, if used, they must be
capable of measuring the required gases within the ranges specified in
the final rule. MSHA encourages the use of electronic gas detectors.
These types of detectors are more accurate than gas tube-type
detectors, and are available in the ranges required by the final rule.
6. Sec. 49.6(a)(7) Reserved
The final rule, like the proposal, deletes the existing provision
which required mine rescue stations to be provided with two oxygen
indicators or flame safety lamps, since this equipment is
technologically obsolete. MSHA received no comments on this proposal.
7. Sec. 49.6(a)(8)
The final rule, like the proposal, makes organizational changes to
the existing standard on communication systems. MSHA received no
comment on this proposal.
8. Sec. 49.6(b)
The final rule, like the proposal, requires that mine rescue team
equipment be maintained to ensure readiness for immediate use. The
final rule renumbers existing provisions, but makes no substantive
changes. MSHA received no comments on this proposal.
B. Subpart B--Mine Rescue Teams for Underground Coal Mines
Section 49.16 Equipment and Maintenance Requirements
1. Sec. 49.16(a)
The final rule, like the proposal, requires mine rescue stations to
be equipped with certain equipment. It allows mine rescue stations
serving certain underground anthracite coal mines to have the type and
amount of equipment that would be appropriate for the number of their
mine rescue team members.
As a result of granted petitions for modification, mine rescue
teams for underground anthracite coal mines that have no electrical
equipment at the face or working section are composed of three members
with one alternate to serve both teams. Given these smaller teams,
anthracite operators submitted petitions for modification requesting
that their mine rescue stations be allowed to maintain eight SCBAs,
eight cap lamps, and a charging station, rather than 12 of each as
required by existing Sec. Sec. 49.6(a)(1) and (a)(5). MSHA
investigated each petition and made the following finding:
[[Page 53119]]
MSHA's investigation found that reducing the quantity of
equipment required to be purchased and maintained at the anthracite
mine rescue station to a quantity consistent with the requirements
of granted modifications currently in effect, which allow anthracite
mines to be covered by two mine rescue teams of three members each
and an alternate, will provide the same measure of protection to the
miners.
On the basis of those investigations, MSHA granted these petitions
for modification of existing Sec. Sec. 49.6(a)(1) and (a)(5).
Currently, 11 underground anthracite coal mines operate under this
approved alternative method. The reduced number of SCBAs and cap lamps
would provide sufficient equipment for teams serving these anthracite
coal mines. MSHA received no comments on this proposal.
2. Sec. 49.16(a)(1)
The final rule, like the proposal, requires mine rescue stations to
be equipped with 12 SCBAs, each with a minimum 4-hour capacity, rather
than a 2-hour capacity. It updates the existing rule to reflect current
industry practice. The higher capacity SCBAs provide for greater team
effectiveness and provide a greater measure of safety and health for
miners. The final rule also continues to require that the mine rescue
station have any equipment necessary for testing the breathing
apparatus and that the apparatus be approved by MSHA and NIOSH under 42
CFR part 84 subpart H. The final rule also contains non-substantive
word changes. MSHA received no comments on this proposal.
3. Sec. 49.16(a)(2)
The final rule, like the proposal, requires that mine rescue
stations maintain supplies of liquid air, liquid oxygen, pressurized
oxygen, or oxygen generating chemicals, and carbon dioxide absorbent
chemicals, as applicable to the supplied breathing apparatus and
sufficient to sustain each team for eight hours while using the
breathing apparatus during rescue operations. MSHA received no comments
on this proposal.
4. Sec. 49.16(a)(3)
The final rule, like the proposal, requires mine rescue stations to
be equipped with two extra, fully-charged, oxygen bottles for every six
SCBAs at the station. The existing standard required one extra, fully-
charged, oxygen bottle for every six SCBAs.
MSHA received a comment stating that the existing standard, which
required one extra fully charged oxygen bottle, was adequate. MSHA
continues to believe that two extra oxygen bottles for every six SCBAs
will assure an additional reserve of a critical safety component for
mine rescue teams during time-sensitive underground rescue or recovery
operations.
5. Sec. Sec. 49.16(a)(4), (a)(5), and (a)(9)
The final rule, like the proposal, addresses requirements for
oxygen pumps, cap lamps, and spare parts and tools for repairing
breathing apparatus and communication systems. MSHA received no comment
on this proposal.
6. Sec. 49.16(a)(6)
The final rule, like the proposal, requires mine rescue stations to
be equipped with four gas detectors appropriate for each gas that may
be encountered at the mines served. In addition, like the proposal,
detectors must be capable of measuring specific concentrations of
methane, oxygen, and carbon dioxide. Like the proposal, the final rule
leaves the decision as to the type of detector to be used to the mine
operator.
Some commenters stated that the existing requirement for mine
rescue stations to have two detectors per station seemed sufficient.
One commenter stated that the reason given in the proposal by MSHA that
detectors require time to recharge and be calibrated does not take into
account all brands of detectors. The commenter stated Dra[euml]ger
detectors have replaceable alkaline batteries that could easily last
the four hours teams might need to spend underground in rescue and/or
recovery activities. However, the typical shift for a mine rescue team
during underground search and rescue or recovery operations is eight
hours, some of which is under oxygen. Shifts can last beyond eight
hours under special circumstances (e.g., availability of
transportation, type of work required, and availability of change-out
teams). Gas detectors used underground by mine rescue teams are cycled
through work shifts. After detectors have been used, they need to be
cleaned, recharged, and sometimes re-calibrated, so they can be used
for the next shift. Mine rescue teams cannot go underground without the
required gas-measuring instrumentation and, in time-sensitive
emergencies, cannot wait for instruments to be recharged, cleaned, or
recalibrated. Having four detectors, two per team, will allow teams to
continue their rescue/recovery activities without having to be delayed.
This requirement will also provide the team with a backup device
underground in the event of an equipment failure.
Like the proposal, the final rule requires that detectors must be
able to measure methane concentrations from 0 percent to 100 percent of
volume and oxygen from 0 percent to at least 20 percent of volume. In
response to comments, the final rule requires that detectors measure
carbon monoxide from 0 ppm to at least 9,999 ppm. The proposal required
that the detector measure to at least 10,000 ppm. A commenter stated
that multi-gas detectors that measure carbon monoxide from 0 ppm to at
least 9,999 ppm will soon be available, and will be smaller and easier
to carry than current versions, and that MSHA should permit this
detector to be used. The final rule requires detectors to 9,999 ppm
since this is essentially equivalent to 10,000 ppm.
Some commenters stated their preference to continue the
longstanding practice of using electronic oxygen and carbon monoxide
testers in conjunction with a bellows pump gas tube tester. One
commenter asked whether the proposed rule would prohibit the bellows
pump detector. Under the proposal, MSHA did not intend to prohibit the
bellows pump with gas tube detectors. However, if these devices are
used, they must be capable of measuring the required gases within the
ranges specified in the final rule. MSHA encourages the use of
electronic gas detectors. These types of detectors are more accurate
than gas tube-type detectors, and are available in the ranges required
by the final rule.
7. Sec. 49.16(a)(7) Reserved
The final rule, like the proposal, deletes the existing provision
that mine rescue stations be provided with two oxygen indicators or
flame safety lamps since this equipment is technologically obsolete.
MSHA received no comment on this proposal.
8. Sec. 49.16(a)(8)
The final rule, like the proposal, requires that mine rescue team
equipment include a communication system. One commenter suggested that
MSHA allow handheld permissible radios to satisfy the requirement. In
support of this suggestion, the commenter stated that these radios are
the best technology, and have been used by the commenter exclusively in
mine emergencies and underground training for the past five years. Mine
rescue teams may use a wireless communication system or a wired system
provided the system is approved under Part 23 of this title.
9. Sec. 49.16(b)
The final rule, like the proposal, requires that mine rescue team
equipment be maintained to ensure
[[Page 53120]]
readiness for immediate use. MSHA received no comments on this
proposal.
IV. Regulatory Economic Analysis
A. Executive Order 12866
Executive Order (E.O.) 12866 (58 FR 51735), as amended by E.O.
13258 (67 FR 9385), requires that regulatory agencies assess both the
costs and benefits of regulations. E.O. 12866 classifies a rule as a
significant regulatory action requiring review by the Office of
Management and Budget if, among other things, it has an annual effect
on the economy of $100 million or more; creates a serious inconsistency
or interferes with an action of another agency; materially alters the
budgetary impact of entitlements or the rights of entitlement
recipients; or raises novel legal or policy issues. 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 E.O. 12866 because it raises novel legal or policy
issues.
B. Population at Risk
Based on data for 2007, the final rule applies to 613 underground
coal mines and 233 underground metal and nonmetal mines with miners
working underground. It covers 42,176 coal miners, 15,223 metal and
nonmetal miners, and 8,139 coal and metal and nonmetal (non-office)
contractors working underground in these mines.
C. Compliance Costs
MSHA estimates that the total yearly cost of the final rule is
approximately $812,000. MSHA estimates that the costs are allocated as
follows: approximately $452,000 for coal operators, approximately
$250,000 for metal and nonmetal operators, and approximately $110,000
for State and local governments. Government-owned mine rescue stations
serving underground coal mines include 20 State, one county, and two
public colleges. Government-owned mine rescue stations serving
underground metal and nonmetal mines include one Federal and 13 State.
Some of the mine rescue stations serving underground coal mines also
serve underground metal and nonmetal mines.
Final Sec. 49.16(a) requires that mine rescue stations serving
underground anthracite coal mines, which 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. These
anthracite coal mines typically have fewer mine rescue team members.
This standard allows mine rescue stations associated with mine rescue
teams having a reduced number of members to maintain fewer SCBAs, cap
lamps, and charging racks than required under Sec. Sec. 49.16(a)(1)
and (a)(5) for other coal mine rescue stations. Because granted
petitions for modification already permit these anthracite coal mines
to have equipment appropriate for the number of mine rescue team
members, MSHA estimates that, for anthracite mines, there will be no
change in costs for this provision.
Final Sec. Sec. 49.6(a)(1) and 49.16(a)(1) require that mine
rescue stations serving underground metal and nonmetal and coal mines
be equipped with 12 SCBAs, each with a minimum 4-hour capacity, and
associated testing equipment. Because MSHA has determined that all mine
rescue stations serving metal and nonmetal and coal mines are already
equipped with MSHA and NIOSH approved 4-hour SCBAs and associated
testing equipment, the Agency estimates that there are no costs
associated with this requirement.
Final Sec. Sec. 49.6(a)(2) and 49.16(a)(2) require that mine
rescue stations serving underground coal and metal and nonmetal mines
increase their supply of liquid air, liquid oxygen, pressurized oxygen,
or oxygen generating chemicals and carbon dioxide absorbent chemicals
from six hours to eight hours for each team. Based on MSHA's knowledge
and experience, these supplies are purchased in bulk, and the final
rule would only cause mine operators to restock these supplies slightly
more frequently. MSHA estimates that the associated cost would be
negligible. Under the final rule, mine operators must stock an extra
two hours of liquid oxygen, pressurized oxygen, or oxygen generating
chemicals and carbon dioxide absorbent chemicals; they do not have to
use them in training.
Final Sec. Sec. 49.6(a)(3) and 49.16(a)(3) require that two
additional fully-charged oxygen bottles be provided for every six self-
contained breathing apparatus. The existing standard required one
extra, fully-charged oxygen bottle for every six self-contained
breathing apparatus. To meet the final requirements, MSHA estimates
that one additional oxygen bottle will have to be purchased for each
mine rescue station. MSHA estimates that the cost for one oxygen bottle
is $1,615, to which MSHA has applied an annualization factor of 0.11 to
reflect a 7 percent discount rate applied over 15 years. The resulting
annualized cost is $178 for each mine rescue station. There are 92
existing mine rescue stations serving underground coal mines and a
total of 65 mine rescue stations serving metal and nonmetal mines. In
the Agency's final rule for Mine Rescue Teams (73 FR 7635, February 8,
2008), MSHA estimated that the underground coal mining industry will
need to create 28 additional stations, for a total of 120 mine rescue
stations. MSHA estimates that the yearly cost of this final requirement
is $11,570 for mine rescue stations serving underground metal and
nonmetal mines, and $21,360 for mine rescue stations serving
underground coal mines.
Final Sec. Sec. 49.6(a)(6) and 49.16(a)(6) require mine rescue
stations serving underground metal and nonmetal mines and underground
coal mines to have four gas detectors appropriate for each type of gas
that may be encountered at the mines served. Gas detectors must measure
concentrations of methane from 0.0 percent to 100 percent of volume,
oxygen from 0.0 percent to at least 20 percent of volume, and carbon
monoxide from 0.0 parts per million to at least 9,999 parts per
million. Oxygen is present in all underground metal and nonmetal mines,
and carbon monoxide can be found in the vast majority of underground
metal and nonmetal mines. Other gases can also be found in underground
metal and nonmetal mines. Methane, oxygen, and carbon monoxide and
other gases can be found in underground coal mines.
To estimate the incremental costs for gas detectors under this
final rule, MSHA compared the cost for gas detectors under the final
rule to the baseline cost for gas detectors under the existing rule.
Either single-gas or multi-gas detectors may be used under the existing
and final rules, but for costing purposes MSHA assumed that multi-gas
detectors are being and will be used. In addition, in response to
comments, MSHA increased costs from the proposal to cover maintenance
and calibration.
Under the existing rule, each mine rescue station is required to
have two gas detectors appropriate for each type of gas that may be
encountered at the mines served. Mine rescue stations currently have
multi-gas detectors that comply with the existing rule, and these
detectors would have to be replaced over time. MSHA assumed a
replacement cost of $2,000 for each multi-gas detector required under
the existing rule. MSHA also assumed that the existing calibration kit
for each mine rescue station would not need to be replaced. MSHA
estimates that the
[[Page 53121]]
essential accessories for a multi-gas detector include a charging
module, a battery pack, a protective case, and a remote sampling pump
at a cost of $862. The total estimated baseline cost for for a multi-
gas detector and essential accessories is $2,862. These baseline costs
are subject to an annualization factor of 0.244 to reflect a 7 percent
discount rate and a service life of 5 years. MSHA further assumed that
replacement of a multi-gas detector and essential accessories under the
existing rule would have occurred in approximately three years.
Therefore, these baseline costs were discounted by three years using a
7 percent discount rate. The estimated annualized cost for the
replacement of a multi-gas detector and essential accessories is $569.
In addition, MSHA estimated a baseline cost of $712 for annual
maintenance and calibration for each multi-gas detector. MSHA assumed
that annual maintenance and calibration would have continued each
following year and, therefore, annual maintenance baseline costs were
discounted by one year using a 7 percent discount rate. The discounted
baseline cost for annual maintenance and calibration for a multi-gas
detector is estimated to be $666.
The total estimated yearly baseline cost to replace a multi-gas
detector and essential accessories and to maintain and calibrate the
multi-gas detector under the existing rule is $1,235 a year. Because
each mine rescue station is required to have two gas detectors under
the existing rule, the total baseline cost for two multi-gas detectors
is $2,470 for each mine rescue station.
Under the final rule, MSHA estimates that all mine rescue stations
will be equipped with four multi-gas detectors appropriate for each
type of gas that may be encountered at the mines served. MSHA also
estimates that all mine rescue stations will be equipped with essential
accessories for each multi-gas detector and that each mine will be
equipped with one calibration kit. In response to comments, MSHA
increased the cost for each multi-gas detector from $2,000 under the
proposal to $3,000 under this final rule. MSHA estimates that the cost
of essential accessories for a multi-gas detector is $862 and that a
calibration kit costs approximately $268. The estimated cost for four
multi-gas detectors, four essential accessories, and one calibration
kit is $15,716. These costs are all subject to an annualization factor
of 0.244 to reflect a 7 percent discount rate and a service life of 5
years. The annualized cost to purchase the four multi-gas detectors,
four essential accessories, and one calibration kit under this final
rule is $3,835 for each mine rescue station. In addition, MSHA
estimates that the annual maintenance and calibration cost for a multi-
gas detector is approximately $712, for a total of $2,848 for four
multi-gas detectors. The total estimated yearly cost to purchase four
multi-gas detectors, four essential accessories, and a calibration kit,
and to maintain and calibrate the four multi-gas detectors is $6,683.
MSHA estimates that the incremental yearly cost of the gas
detectors is $4,213 ($6,683 minus the baseline cost of $2,470) for each
mine rescue station, and a total of $273,845 for the 65 mine rescue
stations serving underground metal and nonmetal mines, and $505,580 for
the 120 mine rescue stations serving underground coal mines.
MSHA has not associated any costs with the existing requirements
for mine rescue stations to be equipped with either two oxygen
indicators or two flame safety lamps, since they reflect obsolete
technology. MSHA believes that most mine operators have already
replaced flame safety lamps and oxygen indicators with new, more
accurate technologically advanced devices.
Table I summarizes the estimated total cost of this rule. In
response to comments, MSHA has estimated separate costs for mine rescue
stations serving underground coal mines and underground metal and
nonmetal mines of $526,920 and $285,415, respectively.
Table I--Estimated Total Yearly Cost of the Final Rule
----------------------------------------------------------------------------------------------------------------
Annualized
Annualized cost incremental cost
Number of mine per mine rescue per mine rescue
Mine size rescue stations station for one station for gas Total yearly cost
oxygen bottle detectors under
final rule
----------------------------------------------------------------------------------------------------------------
Mine Rescue Stations Serving Underground Coal Mines
----------------------------------------------------------------------------------------------------------------
1-19................................ 19 $178 $4,213 $83,429
20-500.............................. 71 178 4,213 311,761
501+................................ 13 178 4,213 57,083
Government.......................... 17 178 4,213 74,647
------------------- ------------------
Total........................... 120 ................. ................. 526,920
----------------------------------------------------------------------------------------------------------------
Mine Rescue Stations Serving Underground Metal and Non-Metal Mines
----------------------------------------------------------------------------------------------------------------
1-19................................ 2 $178 $4,213 $8,782
20-500.............................. 50 178 4,213 219,550
501+................................ 5 178 4,213 21,955
Government.......................... 8 178 4,213 35,128
------------------- ------------------
Total........................... 65 ................. ................. 285,415
----------------------------------------------------------------------------------------------------------------
D. Benefits
The requirements in this rule will improve and enhance equipment
for mine rescue teams who must respond, for rescue and recovery, to an
emergency at an underground 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. Mine rescue team
members often put themselves in danger to save miners injured or
trapped underground as the result of these events, and to recover
miners who can't be rescued. To help them to conduct mine rescue and
recovery activities safely and effectively, mine rescue teams must be
provided
[[Page 53122]]
with up-to-date mine rescue equipment. In an emergency, a properly
equipped mine rescue team could mean the difference between life and
death.
V. Feasibility
MSHA has concluded that the requirements of the final rule are
technologically and economically feasible.
A. Technological Feasibility
This final rule is technologically feasible because all mine rescue
team equipment required in this rule is available and in use in many
underground mines.
B. Economic Feasibility
Due to a total cost of approximately $812,000 for this rule, MSHA
concludes that the rule is economically feasible.
VI. Regulatory Flexibility Act and Small Business Regulatory
Enforcement Fairness Act
In accordance with 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 Counsel for Advocacy,
Small Business Administration (SBA), and made the certification under
section 605(b) of the Regulatory Flexibility Act 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
below.
A. Definition of a Small Mine
Under the RFA, in analyzing the impact of a rule on small entities,
MSHA must use the SBA 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 taken such an
action and, thus, 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 impacts of this rule on underground coal
and metal and nonmetal 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.
B. Factual Basis for Certification
MSHA initially evaluates the economic impact of a rule on ``small
entities'' by comparing the estimated cost of the rule for small
entities to their estimated revenue. When the estimated cost is less
than one percent of estimated revenue 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. Due to the costs of this final rule, MSHA certifies
that it does not have a significant economic impact on a substantial
number of small entities.
VII. Paperwork Reduction Act of 1995
The final rule, like the existing rule, requires certification of
inspection, testing, and any corrective action taken for breathing
apparatus. MSHA estimates that any additional paperwork burden due to
the requirements in the final rule is de minimis and, therefore, has
not included an additional paperwork burden.
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 increase expenditures minimally by State, local, or tribal
governments, because it requires certain new equipment for mine rescue
stations. These changes will not directly affect States or their
relationships with the national government; however, some States
sponsor or equip mine rescue stations.
B. The Treasury and General Government Appropriations Act of 1999:
Assessment of Federal Regulations and Policies on Families
This final rule will have no affect on family well-being or
stability, marital commitment, parental rights or authority, or income
or poverty of families and children. Accordingly, Section 654 of the
Treasury and General Government Appropriations Act of 1999 (5 U.S.C.
601 note) requires no further Agency action, analysis, or assessment.
C. Executive Order 12630: Government Actions and Interference With
Constitutionally Protected Property Rights
This final rule would not implement a policy with takings
implications. Accordingly, E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights, 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, Civil Justice
Reform.
E. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This final rule would have no adverse impact on children.
Accordingly, E.O. 13045, Protection of Children from Environmental
Health Risks and Safety Risks, as amended by E.O. 13229 and 13296,
requires no further Agency action or analysis.
F. Executive Order 13132: Federalism
Executive Order (E.O.) 13132 requires MSHA to develop an
accountable process to ensure a meaningful and timely input by State
and local officials in the development of regulatory policies that have
``federalism implications.'' Policies that have federalism implications
are defined as having ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.'' The final rule places new equipment requirements on
mine operators and States that provide mine rescue stations. 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 or equip mine rescue stations.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This final rule would not have ``tribal implications'' because it
does 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,
Consultation and Coordination with Indian Tribal
[[Page 53123]]
Governments, requires no further Agency action or analysis.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This final rule has been reviewed for its impact on the supply,
distribution, and use of energy because it applies to the underground
coal mining sector. Insofar as this final rule results in yearly costs
of approximately $0.5 million to the underground coal mining industry,
relative to annual revenues of $14.1 billion in 2007, 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 * * * (including a shortfall in supply, price increases, and
increased use of foreign supplies).'' Accordingly, E.O. 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use, requires no further Agency action or analysis.
I. Executive Order 13272: Proper Consideration of Small Entities in
Agency Rulemaking
MSHA has 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.
List of Subjects in 30 CFR Part 49
Coal mines, Emergency equipment and maintenance, Emergency response
services, Metal mines, Mine safety and health, Nonmetal mines,
Underground mining.
Dated: September 9, 2008.
Richard E. Stickler,
Acting Assistant Secretary for Mine Safety and Health.
0
For the reasons set out in the preamble, and under the authority of the
Federal Mine Safety and Health Act of 1977, as amended by the Mine
Improvement and New Emergency Response Act of 2006, MSHA is amending
chapter I of title 30 of the Code of Federal Regulations as follows:
PART 49--MINE RESCUE TEAMS
0
1. The authority for part 49 continues to read as follows:
Authority: 30 U.S.C. 811, 825(e), 957.
0
2. Revise Sec. 49.6 to read as follows:
Sec. 49.6 Equipment and maintenance requirements.
(a) Each mine rescue station shall be provided with at least the
following equipment:
(1) Twelve self-contained breathing apparatus, each with a minimum
of 4 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, or oxygen generating chemicals, and carbon dioxide absorbent
chemicals, applicable to the supplied breathing apparatus and
sufficient to sustain each team for eight hours while using the
breathing apparatus during rescue operations.
(3) Two extra, fully-charged oxygen bottles for every six self-
contained 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) Four gas detectors appropriate for each type of gas that may be
encountered at the mines served. Gas detectors must measure
concentrations of methane from 0.0 percent to 100 percent of volume,
oxygen from 0.0 percent to at least 20 percent of volume, and carbon
monoxide from 0.0 parts per million to at least 9,999 parts per
million.
(7) [Reserved].
(8) One portable mine rescue communication system (approved under
part 23 of this title) or a sound-powered communication system.
(i) The wires or cable to the communication system shall be of
sufficient tensile strength to be used as a manual communication
system.
(ii) These communication systems shall be at least 1,000 feet in
length.
(9) Necessary spare parts and tools for repairing the breathing
apparatus and communication system.
(b) Mine rescue apparatus and equipment shall be maintained in a
manner that will ensure readiness for immediate use.
(1) 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.
(2) 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.
(3) The certification and the record of corrective action shall be
maintained at the mine rescue station for a period of one year and made
available on request to an authorized representative of the Secretary.
0
3. Revise Sec. 49.16 to read as follows:
Sec. 49.16 Equipment and maintenance requirements.
(a) Each mine rescue station shall be provided with at least the
following 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 breathing apparatus, each with a minimum
of 4 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, or oxygen generating chemicals, and carbon dioxide absorbent
chemicals, as applicable to the supplied breathing apparatus and
sufficient to sustain each team for 8 hours while using the breathing
apparatus during rescue operations.
(3) Two extra, fully-charged oxygen bottles for every six self-
contained 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) Four gas detectors appropriate for each type of gas that may be
encountered at the mines served. Gas detectors must measure
concentrations of methane from 0.0 percent to 100 percent of volume,
oxygen from 0.0 percent to at least 20 percent of volume, and carbon
monoxide from 0.0 parts per million to at least 9,999 parts per
million.
(7) [Reserved].
(8) One portable mine rescue communication system (approved under
part 23 of this title) or a sound-powered communication system.
(i) The wires or cable to the communication system shall be of
sufficient tensile strength to be used as a manual communication
system.
(ii) These communication systems shall be at least 1,000 feet in
length.
(9) Necessary spare parts and tools for repairing the breathing
apparatus and communication system.
(b) Mine rescue apparatus and equipment shall be maintained in a
manner that will ensure readiness for immediate use.
(1) A person trained in the use and care of breathing apparatus
shall inspect
[[Page 53124]]
and test the apparatus at intervals not exceeding 30 days and shall
certify by signature and date that the inspections and tests were done.
(2) 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.
(3) 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.
[FR Doc. E8-21449 Filed 9-12-08; 8:45 am]
BILLING CODE 4510-43-P
