Mine Safety and Health Admininstration MSHA Federal Register

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					                                                                                                                                     Thursday,
                                                                                                                                     September 6, 2007




                                                                                                                                     Part IV

                                                                                                                                     Department of Labor
                                                                                                                                     Mine Safety and Health Administration

                                                                                                                                     30 CFR Parts 49 and 75
                                                                                                                                     Mine Rescue Teams and Equipment;
                                                                                                                                     Proposed Rules
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                                                51320               Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules

                                                DEPARTMENT OF LABOR                                     receptionist’s desk and wait for an                     C. Costs.
                                                                                                        escort.                                                 D. Benefits.
                                                Mine Safety and Health Administration                      Information Collection Requirements:               V. Feasibility.
                                                                                                        Comments concerning the information                     A. Technological Feasibility.
                                                30 CFR Parts 49 and 75                                                                                          B. Economic Feasibility.
                                                                                                        collection requirements of this proposed
                                                                                                                                                              VI. Regulatory Flexibility Act and Small
                                                RIN 1219–AB53                                           rule must be clearly identified with                       Business Regulatory Enforcement
                                                                                                        ‘‘RIN 1219–AB53’’ and sent to both the                     Fairness Act.
                                                Mine Rescue Teams                                       Office of Management and Budget                         A. Definition of a Small Mine.
                                                                                                        (OMB) and MSHA. Comments to OMB                         B. Factual Basis for Certification.
                                                AGENCY:  Mine Safety and Health                         may be sent by mail addressed to the                  VII. Paperwork Reduction Act of 1995.
                                                Administration (MSHA), Labor.                           Office of Information and Regulatory                  VIII. Other Regulatory Considerations.
                                                ACTION: Proposed rule; notice of public                 Affairs, Office of Management and                       A. The Unfunded Mandates Reform Act of
                                                hearings; close of comment period.                      Budget, New Executive Office Building,                     1995.
                                                                                                        725 17th Street, NW., Washington, DC                    B. The Treasury and General Government
                                                SUMMARY: The proposed rule would                                                                                   Appropriations Act of 1999: Assessment
                                                                                                        20503, Attn: Desk Officer for MSHA.
                                                revise MSHA’s existing standards for                                                                               of Federal Regulations and Policies on
                                                                                                           Docket: Comments can be accessed                        Families.
                                                mine rescue teams for underground coal
                                                                                                        electronically at http://www.msha.gov                   C. Executive Order 12630: Government
                                                mines. It would strengthen training
                                                                                                        under the Rules and Regs link. MSHA                        Actions and Interference with
                                                requirements and address composition,
                                                                                                        will post all comments on the Internet                     Constitutionally Protected Property
                                                availability, and certification
                                                                                                        without change, including any personal                     Rights.
                                                requirements for coal mine rescue                                                                               D. Executive Order 12988: Civil Justice
                                                                                                        information provided. Comments may
                                                teams. This proposed rule would                                                                                    Reform.
                                                                                                        also be reviewed at the Office of
                                                implement the provisions of the Mine                                                                            E. Executive Order 13045: Protection of
                                                                                                        Standards, Regulations, and Variances,
                                                Improvement and New Emergency                                                                                      Children from Environmental Health
                                                                                                        1100 Wilson Boulevard, Room 2350,
                                                Response Act of 2006 (MINER Act) to                                                                                Risks and Safety Risks.
                                                                                                        Arlington, Virginia. Stop at the 21st                   F. Executive Order 13132: Federalism.
                                                improve overall mine rescue service;
                                                                                                        floor to sign in at the receptionist’s desk             G. Executive Order 13175: Consultation
                                                improve mine emergency response time;
                                                                                                        and wait for an escort.                                    and Coordination with Indian Tribal
                                                improve mine rescue team effectiveness;
                                                                                                           Mailing List: MSHA maintains a list                     Governments.
                                                and increase the quantity and quality of
                                                                                                        that enables subscribers to receive e-                  H. Executive Order 13211: Actions
                                                mine rescue team training.                                                                                         Concerning Regulations That
                                                                                                        mail notification when rulemaking
                                                DATES: All comments must be sent on or                  documents are published in the Federal                     Significantly Affect Energy Supply,
                                                before November 9, 2007. MSHA will                      Register. To subscribe, go to http://                      Distribution, or Use.
                                                hold four public hearings on October 23,                www.msha.gov under the Mailing List                   I. Introduction
                                                October 25, October 30, and November                    link.
                                                1, 2007. Details about the public                                                                                The Mine Improvement and New
                                                hearings are in the ‘‘Supplementary                     FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              Emergency Response Act of 2006
                                                Information’’ section of this document.                 Patricia W. Silvey, Director, Office of
                                                                                                                                                              became effective on June 15, 2006
                                                ADDRESSES: Comments must be clearly
                                                                                                        Standards, Regulations, and Variances,
                                                                                                                                                              (MINER Act). The goal of the MINER
                                                identified with ‘‘RIN 1219–AB53’’ and                   MSHA, at silvey.patricia@dol.gov
                                                                                                                                                              Act is ‘‘to improve the safety of mines
                                                may be sent to MSHA by any of the                       (internet e-mail), 202–693–9440 (voice),
                                                                                                                                                              and mining.’’ To accomplish this goal,
                                                following methods:                                      or 202–693–9441 (facsimile).
                                                                                                                                                              the MINER Act includes provisions to
                                                   (1) Federal e-Rulemaking Portal:                     SUPPLEMENTARY INFORMATION:                            improve mine emergency response time,
                                                http://www.regulations.gov. Follow the                  Outline of the Preamble                               improve mine rescue team effectiveness,
                                                instructions for submitting comments.                                                                         and increase the quantity and quality of
                                                   (2) Electronic mail: zzMSHA-                           This outline will assist the mining
                                                                                                                                                              mine rescue team training.
                                                comments@dol.gov. Include ‘‘RIN 1219–                   community in finding information in
                                                AB53’’ in the subject line of the                       this preamble.                                           Section 4 of the MINER Act requires
                                                message.                                                                                                      MSHA to publish regulations on mine
                                                                                                        I. Introduction.
                                                   (3) Facsimile: 202–693–9441. Include                 II. Statutory and Rulemaking Background.
                                                                                                                                                              rescue teams by December 2007.
                                                ‘‘RIN 1219–AB53’’ in the subject line of                III. Section-by-Section Analysis.                     Because the mine rescue team
                                                the message.                                               A. Technical Amendments to Existing                provisions contained in section 4 of the
                                                   (4) Regular Mail: MSHA, Office of                          Standards.                                      MINER Act apply only to underground
                                                Standards, Regulations, and Variances,                     B. Subpart B—Mine Rescue Teams for                 coal mines, this proposed rule would
                                                1100 Wilson Boulevard, Room 2350,                             Underground Coal Mines; Amendments              affect those mines and the mine rescue
                                                                                                              to Existing Requirements.                       teams that cover them.
                                                Arlington, Virginia 22209–3939.                            C. Subpart B—Mine Rescue Teams for
                                                   (5) Hand Delivery or Courier: MSHA,                        Underground Coal Mines; Additional              Public Hearings
                                                Office of Standards, Regulations, and                         MINER Act Provisions.
                                                Variances, 1100 Wilson Boulevard,                       IV. Regulatory Economic Analysis.                       MSHA will hold four public hearings
                                                Room 2350, Arlington, Virginia. Stop at                    A. Executive Order 12866.                          concerning the proposed rule. The
                                                the 21st floor to sign in at the                           B. Population at Risk.                             hearings will be held as follows:

                                                                    Date                                                                     Location                                             Contact
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                                                October 23, 2007, 9 a.m. to 1 p.m. ..........      Little America Hotel, 500 South Main Street, Salt Lake City, UT 84101 ....................   801–596–5700
                                                October 25, 2007, 9 a.m. to 1 p.m. ..........      Four Points by Sheraton Lexington, 1938 Stanton Way, Lexington, KY 40511 .........           859–259–1311
                                                October 30, 2007, 9 a.m. to 1 p.m. ..........      Charleston Civic Center, West Virginia Room 105, 200 Civic Center Drive, Charles-            304–345–1500
                                                                                                      ton, WV 25301.
                                                November 1, 2007, 9 a.m. to 1 p.m. ........        Sheraton Birmingham Hotel, 2101 Richard Arrington Boulevard, North Birmingham,               205–324–5000
                                                                                                      AL 35203.



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                                                                    Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules                                             51321

                                                   The hearings will begin with an                      availability, and training. As specified              existing standards in subpart A,
                                                opening statement from MSHA,                            by the MINER Act, MSHA is proposing                   applicable to all underground mines,
                                                followed by an opportunity for members                  additional standards for mine rescue                  and add a new subpart B, applicable
                                                of the public to make oral presentations                teams for underground coal mines.                     only to underground coal mines, to
                                                to the hearing panel. Requests to speak                                                                       address MINER Act requirements.
                                                                                                        A. Technical Amendments to Existing
                                                at a hearing should be made at least 5                                                                          MSHA also is requesting comments
                                                days prior to the hearing date. Requests                Standards
                                                                                                                                                              on whether this proposed rule will
                                                to speak may be made by telephone                         This proposed rule would make no                    result in different approaches to
                                                (202–693–9440), facsimile (202–693–                     substantive change to requirements for                providing mine rescue services and, if
                                                9441), or mail (MSHA, Office of                         mine rescue teams at underground                      so, what those approaches would be.
                                                Standards, Regulations, and Variances,                  metal and nonmetal mines. MSHA is                     The Agency believes that the new
                                                1100 Wilson Boulevard, Room 2350,                       proposing the following non-substantive               requirements in the MINER Act might
                                                Arlington, Virginia 22209–3939). Any                    organizational changes to the existing                result in providers of mine rescue
                                                unallocated time at the end of each                     standards.                                            services seeking alternative methods of
                                                hearing will be made available to                         • For clarity, MSHA proposes to add                 providing these services. This issue will
                                                persons making same-day requests to                     a heading designating the existing                    be discussed in more detail later in the
                                                speak.                                                  standards as Subpart—A—Mine Rescue                    preamble.
                                                   The presiding official may limit                     Teams for Underground Metal and
                                                presentations and exclude irrelevant or                 Nonmetal Mines. This proposed rule                    2. Section 49.11    Purpose and Scope
                                                unduly repetitious material and                         would make no changes to §§ —49.1                        MSHA proposes to add the phrase,
                                                questions to ensure the orderly progress                through 49.9.                                         ‘‘as amended by the Mine Improvement
                                                of the hearings. The hearing panelists                    • MSHA proposes to delete § 49.10                   and New Emergency Response Act of
                                                may ask questions of speakers. Speakers                 Effective date. The effective date                    2006,’’ to update § 49.11 Purpose and
                                                and other attendees may present written                 language is obsolete.                                 scope. This change is a technical
                                                information to the MSHA panel for                       B. Subpart B—Mine Rescue Teams for                    amendment. The proposed rule also
                                                inclusion in the rulemaking record.                     Underground Coal Mines; Amendments                    would number the existing paragraph
                                                MSHA will accept post-hearing written                   to Existing Requirements                              (a) and add a new paragraph (b).
                                                comments and data for the record from                                                                         Paragraph (b) would contain a table to
                                                any interested party, including those not                 MSHA is proposing a new subpart B                   provide mine operators a quick visual
                                                presenting oral statements, until the                   that would contain all the standards                  summary of their new compliance
                                                close of the comment period on                          applicable to mine rescue teams for                   obligations under the MINER Act. As
                                                November 9, 2007.                                       underground coal mines. Subpart B                     noted in the table (Table 49.11):
                                                   The hearings will be conducted in an                 would contain the existing requirements
                                                                                                        renumbered as §§ 49.11 through 49.19,                    Team members of State-sponsored teams
                                                informal manner. Formal rules of                                                                              who are full-time State employees whose
                                                evidence and cross examination will not                 with modifications to achieve the goals               primary job duties include (1) inspecting
                                                apply. MSHA will make transcripts of                    of the MINER Act and to address the                   underground mines for compliance with
                                                the hearings, post them on MSHA’s Web                   unique conditions present in anthracite               State safety laws or (2) training mine rescue
                                                site http://www.msha.gov, and include                   coal mines. The proposal reserves                     teams or (3) conducting mine safety training
                                                them in the rulemaking record.                          § 49.14 because it is not applicable to               or (4) other similar duties that would
                                                                                                        underground coal mines.                               enhance their mine rescue knowledge may
                                                II. Statutory and Rulemaking                              In addition, to address the new                     substitute their regular job experience for 50
                                                Background                                              MINER Act provisions, subpart B                       percent of the training requirements (annual
                                                   In accordance with section 115(e) of                 contains the following five new                       training which includes mine rescue contests
                                                                                                        standards:                                            and mine-site training) for non-State
                                                the Federal Mine Safety and Health Act
                                                                                                                                                              employee mine rescue team members.
                                                of 1977 (Mine Act), MSHA issued                         § 49.20 Requirements for all coal mines.
                                                standards in 30 CFR part 49 for mine                    § 49.30 Requirements for small coal                     MSHA requests comments on this
                                                rescue teams in underground coal and                      mines.                                              provision, particularly on allowing
                                                metal and nonmetal mines (45 FR                         § 49.40 Requirements for large coal                   experience to substitute for 50 percent
                                                47002, July 11, 1980). Part 49 contains                   mines.                                              of the training requirements.
                                                requirements addressing the three                       § 49.50 Certification of coal mine rescue             3. Section 49.12(b) Alternative
                                                essential elements of effective mine                      teams.                                              Composition Requirements for Mine
                                                rescue teams: (1) Ready availability; (2)               § 49.60 Requirements for local mine
                                                                                                                                                              Rescue Teams for Anthracite Coal Mines
                                                proper equipment; and (3) basic levels                    rescue contests.
                                                of skills and training.                                                                                         Existing § 49.2(b) requires mine
                                                                                                        1. New Subpart B and the                              rescue teams to have five members and
                                                   After several underground coal mine
                                                                                                        Reorganization of Part 49                             one alternate. MSHA is proposing this
                                                disasters in 2006, Congress passed and
                                                the President signed the MINER Act.                        MSHA requests comments on the                      requirement for underground coal mines
                                                Section 4 of the MINER Act requires                     proposed re-organizational change to 30               as § 49.12(b) and would add a provision
                                                that the Secretary issue regulations for                CFR part 49. MSHA specifically solicits               specifically to address underground
                                                mine rescue teams by December 2007.                     comments on the approach taken in this                anthracite coal mines that have no
                                                The MINER Act also requires that any                    proposal, that is, retaining all existing             electrical equipment at the face or
                                                new standards not waive training                        standards as a separate subpart A                     working section.
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                                                requirements for existing teams.                        applicable to underground metal and                     Because mining methods and
                                                                                                        nonmetal mines and creating a new                     conditions in underground anthracite
                                                III. Section-by-Section Analysis                        separate subpart B containing existing                coal mines are unique, anthracite mine
                                                   The MINER Act requires underground                   standards and proposed new MINER                      operators have been granted petitions
                                                coal mine operators to use mine rescue                  Act provisions for underground coal                   for modification under section 101(c) of
                                                teams that meet specific requirements                   mines. The Agency also is considering                 the Mine Act allowing mine rescue
                                                for certification, composition,                         an alternative that would retain the                  teams covering these mines to be


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                                                51322               Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules

                                                comprised of three members each and                     electrical equipment at the face or                   stations, without consideration of road
                                                one alternate team member to serve both                 working section, to have two mine                     or traffic conditions, and the experience
                                                teams. In support of these petitions,                   rescue teams consisting of at least three             and expertise of MSHA’s technical staff
                                                anthracite mine operators cited the                     members per team and one alternate                    in the Office of Coal Mine Safety and
                                                following:                                              shared between both teams. This                       Health. The Agency solicits comment on
                                                  • Most anthracite mines are not                       proposed provision is consistent with                 whether some existing stations may
                                                highly mechanized. Production and                       the action taken in existing petitions for            need to be moved to meet this
                                                maintenance work is done largely by                     modification.                                         requirement. MSHA also solicits
                                                hand, using simple hand tools and                                                                             comment on whether mine operators
                                                                                                        4. Section 49.12(c) Alternative
                                                equipment. Anthracite mines may have                                                                          will encounter any difficulties in
                                                                                                        Experience Requirement for Members of
                                                no underground electric power or may                                                                          meeting the requirements of the
                                                                                                        Contract Mine Rescue Teams
                                                have power only at the bottom of the                                                                          proposal. MSHA specifically requests
                                                hoist slope.                                               Existing § 49.2(c) requires mine rescue            information, from members of the
                                                  • Typically, extraction occurs in a                   team members to have been employed                    mining community affected by this
                                                single face or production area. Many                    in an underground mine for at least 1                 provision, on the number of additional
                                                anthracite mines are developed only                     year within the past 5 years. MSHA is                 mine rescue teams and stations that
                                                short distances underground, rarely                     proposing this requirement for                        would be needed to comply with this
                                                more than several thousand feet.                        underground coal mines as § 49.12(c)                  new requirement. MSHA is particularly
                                                  • Anthracite seams dip steeply and                    and would add a provision specifically                interested in: (1) How compliance
                                                are often near vertical. Openings are                   to implement the requirement in the                   would be achieved; (2) location of new
                                                narrow and constricted. Access between                  MINER Act for members of contract                     rescue stations; (3) make-up and
                                                levels is by means of hardwood ladders                  mine rescue teams. The MINER Act                      composition of new teams; and (4) any
                                                through small, steeply pitched                          requires that members of contract mine                other information that might be useful.
                                                openings.                                               rescue teams have ‘‘a minimum of 3                    MSHA is also interested in feasibility
                                                  • The hoist bucket, used to transport                 years underground coal mine                           information, including economic
                                                personnel, typically can accommodate                    experience that shall have occurred                   feasibility. The Agency requests that
                                                no more than four persons.                              within the 10-year period preceding                   commenters include specific
                                                  • Rock dusting is not required                        their employment on the contract mine                 information, such as cost or technical
                                                because of the extremely low                            rescue team.’’                                        capability, in support of their positions.
                                                combustibility of anthracite coal, caused                  The proposed rule would retain the
                                                                                                        existing provision that, for the purpose              6. Section 49.13 Alternative Mine
                                                by its low volatile content.
                                                                                                        of mine rescue work only, miners who                  Rescue Capability for Small and Remote
                                                  • The average underground anthracite
                                                                                                        are employed on the surface but work                  Mines
                                                mine employs four miners.
                                                  • In the past 20 years, no more than                  regularly underground can use that time                  Existing § 49.3 provides alternative
                                                one mine rescue team has been needed                    to meet the experience requirement.                   capability for small and remote mines
                                                in the anthracite region for rescue and                 MSHA also would waive the                             and is proposed as § 49.13 for
                                                recovery activities. Further, no more                   underground experience requirement                    underground coal mines. Proposed
                                                than three rescue team members have                     for those miners on a mine rescue team                paragraphs (a) and (c)(3) would be
                                                entered a working place at the same                     on the effective date of the rule.                    revised to be consistent with the 1-hour
                                                time during such activities.                            5. Section 49.12(f) Available Within 1                requirement of the MINER Act. These
                                                  In accordance with section 101(c) of                  Hour Ground Travel Time From the                      provisions would require 1 hour ground
                                                the Mine Act, MSHA investigated each                    Mine Rescue Station                                   travel time from the mine rescue station
                                                petition of § 49.2(b) from these small,                                                                       to the covered mine and that the
                                                                                                           Existing § 49.2(f) requires that no                operator’s application include the total
                                                underground anthracite coal mines and
                                                                                                        mine served by a mine rescue team shall               underground employment of any mines
                                                made the following finding:
                                                                                                        be located more than 2 hours ground                   within 1 hour of the operator’s mine.
                                                  Considering this confirmation and the                 travel time from the mine rescue station
                                                narrow width and constricted openings, the                                                                    Proposed paragraph (c)(2) would be
                                                                                                        with which the rescue team is                         revised to require that the operator
                                                limited capacity of hoist conveyances, the
                                                                                                        associated. MSHA is proposing this                    include the location of the mine rescue
                                                pitched seam, the short travel distance from
                                                the slope bottom to the working face, and the           requirement for underground coal mines                station serving the mine.
                                                low combustibility of anthracite coal,                  as § 49.12(f). Proposed § 49.12(f) revises
                                                petitioner’s alternative method of two mine             existing § 49.2(f) to include the MINER               7. Section 49.14 [Reserved]
                                                rescue teams with three members each is as              Act requirement that the mine rescue                     Existing § 49.4 provides alternative
                                                safe as maintaining two teams of five                   team be available at the underground                  mine rescue capability for special
                                                members. As such, it achieves the result of             coal mine within 1 hour ground travel                 mining conditions. The proposed rule
                                                the standard to ensure the availability of              time from the mine rescue station. This               would not include this provision in
                                                mine rescue capability for purposes of                  change from 2 hours to 1 hour ground
                                                emergency rescue and recovery.                                                                                subpart B because it is not applicable to
                                                                                                        travel time between the mine and its                  underground coal mines.
                                                   On the basis of the petitions and the                mine rescue station is intended to
                                                findings of its investigations, MSHA                    ensure that a team will arrive at the                 8. Section 49.15(a) Mine Rescue
                                                granted 22 petitions for modification of                mine more quickly in case of a mine                   Station
                                                § 49.2(b) that allow anthracite coal                    emergency.                                               Existing § 49.5(a) requires operators of
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                                                mines to operate under the approved                        MSHA projects that the availability of             underground coal mines to designate, in
                                                alternate method. Currently, 10                         a team within 1 hour ground travel time               advance, the location of the mine rescue
                                                underground anthracite coal mines                       from the station to the covered mine                  station serving the mine, except where
                                                operate under this approved alternative                 would result in the establishment of 28               alternative compliance is permitted.
                                                method.                                                 additional mine rescue stations. This                    Proposed § 49.15(a) would require
                                                   The proposed rule would allow                        estimate is based on the general                      every operator of an underground mine
                                                anthracite coal mines, which have no                    locations of mines and mine rescue                    to designate, in advance, the location of


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                                                                    Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules                                          51323

                                                the mine rescue station serving the                     taken in existing petitions for                          MSHA has reviewed the Mine Safety
                                                mine. The proposal would delete the                     modification. For three-person teams                  Technology and Training Commission
                                                exception related to alternative                        and one alternate, this would mean                    (Commission) report on Improving Mine
                                                compliance. This proposed provision is                  seven self-contained oxygen breathing                 Safety Technology and Training:
                                                consistent with the goals of the MINER                  apparatus and seven cap lamps;                        Establishing U.S. Global Leadership
                                                Act.                                                    equipment required per team rather                    (2006). This report contained a number
                                                                                                        than per team member, such as gas                     of recommendations addressing the
                                                9. Section 49.16(a) Alternative                                                                               training of mine rescue teams. One
                                                                                                        detectors, may not be reduced.
                                                Equipment Requirement for Anthracite                                                                          recommended that the ‘‘minimum
                                                Mines                                                   10. Section 49.18(b)         Training for Mine        amount of training required of mine
                                                   Existing § 49.6(a) requires mine rescue              Rescue Teams                                          rescue team members should be
                                                stations to have specific amounts of                       Under the existing standard, after                 increased to eight hours per month,’’ for
                                                equipment that are appropriate for two                  completion of the initial training, all               a total of 96 hours annually. MSHA’s
                                                mine rescue teams composed of five                      team members must ‘‘receive at least 40               proposal takes the Commission’s
                                                members and one alternate. MSHA is                      hours of refresher training annually.                 recommendation into consideration.
                                                proposing this requirement for                          This training shall be given at least 4                  Although the proposal includes 64
                                                underground coal mines as § 49.16(a)                    hours each month, or for a period of 8                hours of training, MSHA requests
                                                and adding a provision specifically to                  hours every 2 months.’’ For                           comment on the proposed 64-hour
                                                address underground anthracite coal                     underground coal mines, this training                 training requirement. Specifically, the
                                                mines that have no electrical equipment                 includes training requirements in                     Agency is interested in comment
                                                at the face or working section.                         existing § 49.8(b)(1) through (b)(5),                 pertaining to whether the proposed
                                                   Because MSHA allows mine rescue                      which would be redesignated as                        amount should be increased or
                                                teams for underground anthracite coal                   § 49.18(b)(1) through (b)(5) in this                  decreased in the final rule. Commenters
                                                mines, which have no electrical                         proposal.                                             should specifically address: the
                                                equipment at the face or working                           The proposed rule would add a new                  rationale for the amount of training; the
                                                section, to have three members for each                 paragraph (b)(6), which is consistent                 type of training; the number of hours of
                                                team and one alternate to serve both                    with the goals of the MINER Act. It                   training that should be required for
                                                teams, anthracite mine operators have                   would require all mine rescue team                    specific activities; and the impact of
                                                submitted petitions for modification                    members, at least once during each 12-                such a requirement on the mining
                                                under section 101(c) of the Mine Act to                 month period, to participate in training              industry’s ability to form additional
                                                MSHA to allow the mine rescue station                   that includes wearing mine rescue                     mine rescue teams or retain current
                                                to maintain eight self-contained oxygen                 apparatus while in smoke, simulated                   mine rescue team members.
                                                breathing apparatus and eight cap lamps                                                                          Proposed paragraph § 49.18(d) has
                                                                                                        smoke, or an equivalent environment.
                                                and a charging station, rather than                                                                           been revised to be consistent with the
                                                                                                        While some mine operators or training
                                                twelve of each as required by the                                                                             goals of the MINER Act by requiring the
                                                                                                        facilities may use actual smoke,
                                                existing standard.                                                                                            training courses to be conducted by
                                                                                                        operators can use a nontoxic smoke,
                                                   In accordance with section 101(c) of                                                                       instructors who have been employed in
                                                                                                        such as theatrical smoke, which is
                                                the Mine Act, MSHA investigated each                                                                          an underground mine and have had a
                                                                                                        harmless. An equivalent environment
                                                petition and made the following finding:                                                                      minimum of 1 year experience as a mine
                                                                                                        could include, for example, training
                                                   MSHA’s investigation found that reducing                                                                   rescue team member or mine rescue
                                                                                                        with glasses or face shields that reduce
                                                the quantity of equipment required to be                                                                      instructor within the past 5 years. This
                                                                                                        vision and simulate smoke. This
                                                purchased and maintained at the anthracite                                                                    requirement is necessary to ensure that
                                                                                                        requirement would assure that mine
                                                mine rescue station to a quantity consistent                                                                  mine rescue team members are
                                                                                                        rescue team members are trained in
                                                with the requirements of granted                                                                              instructed by persons with practical
                                                modifications currently in effect, which                realistic conditions.
                                                                                                                                                              mine rescue experience. Mine rescue
                                                allow anthracite mines to be covered by two                This proposal also would increase the              team instructors who have received
                                                mine rescue teams of three members each                 existing annual training requirement                  MSHA approval prior to the effective
                                                and an alternate, will provide the same                 from 40 to 64 hours, given at 8 hours                 date of the final rule would not have to
                                                measure of protection to the miners.                    every 2 months. This increase is in                   meet these new requirements.
                                                   On the basis of these petitions and the              response to requirements in the MINER
                                                findings of its investigation, MSHA                     Act for additional mine rescue team                   C. Subpart B-Mine Rescue Teams for
                                                granted 17 petitions for modification of                training.                                             Underground Coal Mines; Additional
                                                § 49.6(a)(1) and (5) that allow each mine                  The MINER Act requires that team                   MINER Act Provisions
                                                rescue station for anthracite coal mines                members be familiar with operations of                  Section 4 of the MINER Act requires
                                                to have eight self-contained oxygen                     covered mines, have knowledge of the                  the following:
                                                breathing apparatus, eight cap lamps,                   operation and ventilation of covered                    • MSHA must establish, and update
                                                and a charging rack, as the approved                    mines, and train at covered mines. The                every 5 years thereafter, criteria to
                                                alternative method. Currently, 10                       MINER Act requires mine rescue team                   certify the qualifications of mine rescue
                                                underground anthracite coal mines                       members to participate in two mine                    teams. MSHA is proposing new § 49.50
                                                operate under this approved alternative                 rescue contests each year. MSHA has                   to address the criteria for certifying the
                                                method.                                                 determined that an additional 24 hours                qualifications of coal mine rescue teams.
                                                   Proposed § 49.16(a) would require                    training per year is necessary to cover                 • Underground coal mine operators
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                                                that mine rescue stations covering                      training requirements in the MINER Act,               must have an employee knowledgeable
                                                anthracite coal mines that have no                      including participation in two mine                   in mine emergency response who is
                                                electrical equipment at the face or                     rescue contests. Therefore, a minimum                 employed at the mine on each shift and
                                                working section have at least the                       of 64 hours of refresher training is                  make available two certified mine
                                                amount of equipment appropriate for                     necessary to accommodate the existing                 rescue teams whose members are
                                                the number of mine rescue team                          and new MINER Act mine rescue team                    available at the mine within 1 hour
                                                members, consistent with the action                     training requirements.                                ground travel time from the mine rescue


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                                                51324               Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules

                                                station. MSHA is proposing changes to                   Plan. New requirements have been                      underground mining conditions and
                                                existing § 75.1501(a) to address the                    added to existing § 75.1501 to ensure                 operations at a particular mine. MSHA
                                                requirement for an ‘‘employee                           that the responsible person understands               expects that team members who work at
                                                knowledgeable in mine emergency                         and has knowledge of the procedures                   the covered mine would be familiar
                                                response.’’                                             and steps necessary to effectively                    with that mine’s conditions and
                                                   • Mine rescue team members must be                   respond to a mine emergency. The                      operations through participation in
                                                knowledgeable, experienced, and                         responsible person must receive training              mine rescue training and quarterly mine
                                                trained; participate in two mine rescue                 in the following: organizing a command                evacuation drills at the mine. Team
                                                contests per year; and participate in                   center; directing firefighting personnel;             members who do not work at the
                                                mine rescue training at each covered                    deploying firefighting equipment;                     covered mine would need to become
                                                mine. MSHA is proposing §§ 49.30 and                    directing mine rescue personnel;                      familiar with its operations by
                                                49.40 to address these qualification and                establishing a fresh air base; deploying              participating in mine rescue training at
                                                training-related requirements for small                 mine rescue teams; providing for mine                 the mine. This training would include:
                                                and large underground coal mines,                       gas sampling and analysis; establishing               identifying the designated escapeways,
                                                respectively. In addition, MSHA is                      security; initiating an emergency mine                intakes, returns, the ventilation system,
                                                proposing § 49.60 to address                            evacuation; contacting emergency                      locations and types of fire fighting
                                                requirements for a local mine rescue                    personnel; and communicating                          equipment, the communication system,
                                                contest.                                                appropriate information related to the                mine-wide monitoring system, and the
                                                                                                        emergency. This additional training will              type of transportation equipment used
                                                1. Section 75.1501(a) Person                            enhance the responsible person’s                      at the mine. Also, team members would
                                                Knowledgeable in Mine Emergency                         knowledge in mine emergency response                  need to be familiar with the location of
                                                Response                                                and will assure appropriate actions are               the mine rescue station, stored SCSRs,
                                                  The MINER Act requires the operator                   taken in emergency situations.                        breathable air, hardened rooms, and
                                                to have a person employed on each shift                    The proposed rule is performance-                  other emergency response equipment or
                                                who is knowledgeable in mine                            oriented and, therefore, does not                     supplies.
                                                emergency response. The responsible                     prescribe the duration of this training.                 MSHA recognizes that the amount of
                                                person required by existing 30 CFR                      Instead, the proposal allows the                      time required to familiarize teams with
                                                75.1501 would meet some of the                          operator to provide training appropriate              a particular mine will vary, depending
                                                requirements of this provision. Existing                to the unique conditions of the mine                  on mining conditions. For example,
                                                § 75.1501(a) requires that—                             and the experience of the miner being                 more complex mines and newer team
                                                                                                        trained. The proposal includes topics                 members may require more time. For
                                                   (a) For each shift that miners work
                                                underground, there shall be in attendance a
                                                                                                        required to be addressed in the training.             this reason, MSHA is not proposing a
                                                responsible person designated by the mine               MSHA expects the operator to assure                   minimum amount of time for mine
                                                operator to take charge during mine                     that the responsible person is                        rescue team training underground at
                                                emergencies involving a fire, explosion or gas          adequately prepared to respond                        covered mines. MSHA expects the
                                                or water inundations. The responsible person            appropriately to mine emergencies.                    operator to evaluate each team member
                                                shall have current knowledge of the assigned            Consistent with other MSHA training                   to determine the amount of training
                                                location and expected movements of miners               requirements, the proposed rule would                 necessary for that person to become
                                                underground, the operation of the mine                  require that the operator certify by                  familiar with operations at the covered
                                                ventilation system, the location of the mine            signature and date after each                         mine.
                                                escapeways, the mine communications
                                                system, any mine monitoring system if used,
                                                                                                        responsible person has completed the                  b. Section 49.20(a)(2) Participation in
                                                and the mine emergency evacuation and                   training and that the certification be                Two Local Mine Rescue Contests.
                                                firefighting program of instruction.                    kept at the mine for 1 year.
                                                                                                                                                                 The MINER Act adds a new training
                                                  MSHA is proposing to amend                            2. Section 49.20 Requirements for All                 requirement that mine rescue team
                                                § 75.1501(a) to require that the                        Coal Mines                                            members must participate in two local
                                                responsible person also have current                       Proposed § 49.20 would address                     mine rescue contests annually. Mine
                                                knowledge about the mine’s Emergency                    MINER Act provisions that are the same                rescue contests are designed to sharpen
                                                Response Plan and Mine Rescue                           for all underground coal mine rescue                  skills and test the knowledge of team
                                                Notification Plan. Under section 2 of the               teams, regardless of the size of the                  members who would be called on to
                                                MINER Act, all underground coal mine                    operation. It would require the operator              respond to a mine emergency.
                                                operators must adopt an Emergency                       to make available two certified mine                  Historically, mine rescue contests have
                                                Response Plan, which must be approved                   rescue teams whose members are                        provided individuals with practical,
                                                by MSHA. MSHA provides guidance to                      familiar with the operations of each coal             hands-on experience and are one of the
                                                mine operators for preparing Emergency                  mine covered by the mine rescue team,                 most effective forms of training. Some
                                                Response Plans in a Program Policy                      participate annually in two local mine                team members who are regular
                                                Letter (PPL P06–V–10, 10/24/2006), and                  rescue contests, and train at the covered             participants in contests have been called
                                                in the Program Information Bulletin on                  mines. The proposed rule contains                     on in recent years to perform actual
                                                Breathable Air (PIB 07–03, 02/08/2007).                 criteria for the certification of mine                mine rescue and recovery work. They
                                                The PPL and PIB are available on the                    rescue teams for underground coal                     have done so successfully and training
                                                MINER Act Single Source Page at                         mines as § 49.50 and requirements for a               exercises, such as mine rescue contests,
                                                http://www.msha.gov.                                    local mine rescue contest as § 49.60 of               were essential to maintaining a well-
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                                                  MSHA is also proposing to require                     this subpart.                                         prepared team.
                                                that the responsible person be trained                                                                           For the purpose of this requirement,
                                                annually in mine emergency response                     a. Section 49.20(a)(1) Familiarity with               MSHA would consider a two-day
                                                coordination and communication. In the                  Operations of Covered Mines.                          contest, with a different competition
                                                event of a mine emergency, the                             MSHA considers ‘‘familiarity’’ with                and simulated mine rescue exercise on
                                                responsible person must be able to                      the operations of the covered mine as                 each day, as two contests if the team
                                                quickly initiate the Emergency Response                 first-hand experience of the                          participated on both days. MSHA


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                                                                            Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules                                                                                            51325

                                                expects that this would minimize costs                                    must have at least 3 years underground                                     and contract teams covering large
                                                for many teams, while providing                                           coal mine experience within the 10-year                                    underground coal mines, to have
                                                necessary training, because the team                                      period preceding their employment on                                       knowledge of the operations and
                                                would have travel costs for only one                                      the contract mine rescue team. Contract                                    ventilation at each covered mine. MSHA
                                                trip, rather than two trips. Another                                      teams would have to have knowledge of                                      expects that this requirement would be
                                                potential benefit is that this provision                                  the operations and ventilation of the                                      met when each team member reviews
                                                would minimize team members’’                                             covered mine and train quarterly at a                                      the mine’s ventilation plan, mine maps,
                                                absence from their mines where they are                                   covered large mine and semi-annually at                                    roof or ground control plans, and mine
                                                available to respond in the event of an                                   a covered small mine. Although the                                         emergency evacuation plans. MSHA
                                                emergency.                                                                MINER Act uses the phrase
                                                                                                                                                                                                     also expects that team members who
                                                                                                                          ‘‘commercial mine rescue team
                                                c. Section 49.20(b) Requirements for                                                                                                                 work at the mine would generally meet
                                                                                                                          provided by contract,’’ the proposal
                                                Types of Mine Rescue Teams                                                                                                                           this requirement because they
                                                                                                                          refers to these teams as contract teams
                                                   The MINER Act introduces new terms                                     provided through an arrangement with                                       participate in the quarterly mine
                                                to describe different types of mine                                       another mine or a third party.                                             emergency evacuation training and
                                                rescue teams: mine-site, composite,                                          • A State-sponsored team is made up                                     drills.
                                                contract, and State-sponsored teams.                                      of State employees who train at least
                                                   • A mine-site team is made up of                                                                                                                  e. Mine Rescue Team Training at Each
                                                                                                                          annually at the covered mine.                                              Covered Mine
                                                team members who work at the mine                                            MSHA invites comment regarding the
                                                and train at least annually at the                                        types of State relationships with teams                                       The MINER Act requires members of
                                                covered mine.                                                             and team members that would qualify                                        mine rescue teams to participate in
                                                   • A composite team provides                                            the team members as ‘‘employees’’ and                                      training at each covered mine. MSHA
                                                coverage for multiple mines and has                                       the team as ‘‘State-sponsored.’’ MSHA
                                                team members which include at least                                                                                                                  interprets this to mean that at least one
                                                                                                                          invites comment regarding the types of                                     of the training sessions must be
                                                two active employees from each covered                                    teams that are available to mines having
                                                mine who have knowledge of the                                                                                                                       conducted underground at the covered
                                                                                                                          36 or fewer employees who could
                                                operations and ventilation of the                                                                                                                    mine. The number of training sessions
                                                                                                                          qualify to be a mine rescue team
                                                covered mine and train semi-annually at                                   member and whether these mines                                             required at the covered mine would
                                                the covered mine. A composite team can                                    should be able to use other types of                                       depend on the mine size and type of
                                                be a multiple employer team, a team                                       teams, such as teams consisting of one                                     mine rescue team. In accordance with
                                                that provides coverage for multiple                                       miner per covered mine.                                                    the MINER Act, the Agency includes the
                                                mines owned by the same operator, or                                                                                                                 following chart to illustrate the required
                                                a State-sponsored team.                                                   d. Knowledge of Operations and                                             number of training sessions at each
                                                   • A contract team is a mine rescue                                     Ventilation at the Covered Mine                                            covered mine each year by mine size
                                                team that is provided by an arrangement                                     The MINER Act requires members of                                        and type of mine rescue team.
                                                with another coal mine or with a third                                    mine rescue teams covering small
                                                party. Members of a contract team mine                                    underground coal mines, and composite

                                                 TABLE 1.—FREQUENCY OF TRAINING FOR MINE RESCUE TEAM MEMBERS AT EACH COVERED UNDERGROUND COAL MINE
                                                                                              EACH YEAR
                                                                                                                                                                                                     Mine size
                                                                                   Type of team
                                                                                                                                                                                    Large (>36)                                                    Small (™36)

                                                Mine Site ..................................................................................   1   (annually) ...........................................................................    2   (semi-annually).
                                                Composite ................................................................................     2   (semi-annually) ...................................................................       2   (semi-annually).
                                                Contract ...................................................................................   4   (quarterly) ...........................................................................   2   (semi-annually).
                                                State-sponsored ......................................................................         1   (annually) ...........................................................................    2   (semi-annually).



                                                   MSHA notes that the MINER Act                                          MSHA also requests comment on                                              breathing apparatus for a minimum of 2
                                                requires mine rescue teams servicing                                      whether this training needs to be                                          hours every 2 months. MSHA
                                                mines with 36 or fewer employees to                                       conducted underground at the covered                                       anticipates that operators will integrate
                                                train at each covered mine semi-                                          mine.                                                                      the new requirements, including mine
                                                annually. This requirement would                                          f. Integration of Mine Rescue Team                                         rescue training at the covered mines,
                                                appear to mean that mine-site teams and                                   Training Requirements                                                      with these existing requirements.
                                                State-sponsored teams, which are
                                                                                                                             As discussed earlier, the MINER Act                                     3. Section 49.30 Requirements for
                                                required to train at large mines
                                                                                                                          requires two new categories of training                                    Small Coal Mines
                                                annually, would have to train at small                                    for mine rescue team members:
                                                mines semi-annually if they service                                       participation in mine rescue contests                                        Proposed § 49.30 would be applicable
                                                small mines. Although it is unclear why                                   and participation in training at the                                       to each underground coal mine that has
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                                                this added burden is placed on small                                      covered mines. These additional                                            36 or fewer employees who could
                                                mines, MSHA included this provision,                                      requirements complement the existing                                       qualify to be a mine rescue team
                                                consistent with the MINER Act. MSHA                                       training in § 49.8, proposed as § 49.18                                    member. The MINER Act requires that
                                                invites comment regarding this matter.                                    for underground coal mine rescue                                           members of mine rescue teams covering
                                                Commenters should explain any                                             teams. The existing standard requires                                      these small mines know the operations
                                                suggested alternatives, including                                         training sessions underground every 6                                      and ventilation of the mine.
                                                supporting documentation and data.                                        months; and team members to wear


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                                                51326               Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules

                                                4. Section 49.40 Requirements for                       site at http://www.msha.gov for                       abilities. Requiring a minimum of three
                                                Large Coal Mines                                        comment and would welcome any                         teams would reduce the possibility of a
                                                  Proposed § 49.40 would be applicable                  suggestions. MSHA would accept                        competition between teams only from
                                                to each underground coal mine that has                  certification statements in all formats,              the same mine and promote
                                                more than 36 employees who could                        both electronic and paper.                            competitions among teams in close
                                                qualify to be a mine rescue team                                                                              geographic proximity.
                                                                                                        6. Section 49.60 Requirements for a                      Team Members. Even though
                                                member. The MINER Act requires that                     Local Mine Rescue Contest                             participation in a mine rescue contest is
                                                the mine operator of a large mine                          Coal mine rescue team members must                 considered a training exercise, team
                                                designate either an individual mine-site                participate in two local mine rescue                  members must be prepared to compete
                                                team or a composite team as one of the                  contests annually. The proposed rule                  as if the contest were a real mine
                                                two mine rescue teams. The second                       includes criteria for a local mine rescue             emergency. Team members must have
                                                mine rescue team can be a mine-site,                    contest. The proposed rule also requires              the necessary equipment to participate
                                                composite, contract, or State-sponsored                 that the mine operator provide                        in a simulated mine rescue exercise.
                                                team.                                                   information concerning the schedule of                Participation in a simulated mine rescue
                                                5. Section 49.50       Certification of Mine            upcoming local mine rescue contests to                exercise while being timed, observed,
                                                Rescue Teams                                            the District Manager when requested.                  and judged provides a measure of stress.
                                                                                                        MSHA specifically requests comments                   The mine rescue contest is an
                                                   Section 4 of the MINER Act requires
                                                                                                        on the following criteria for a local mine            opportunity to test the team member’s
                                                MSHA to establish, and update every 5
                                                                                                        rescue contest:                                       level of knowledge and skill under
                                                years thereafter, criteria to certify the                  • The contest must be conducted in                 simulated mine emergency conditions.
                                                qualifications of mine rescue teams. It                 the United States and use MSHA-                       The ability to make correct decisions
                                                also requires each operator of an                       recognized rules.                                     quickly, while under stress and wearing
                                                underground coal mine to designate two                     • The contest must include a                       breathing apparatus, is a vital skill for
                                                certified mine rescue teams. The                        minimum of three competing mine                       each mine rescue team member to
                                                proposed certification criteria include a               rescue teams.                                         develop.
                                                certification statement, equipment and                     • Team members must have the                          Judges. In order for judges to
                                                training requirements, and the                          necessary equipment to participate in a               administer the mine rescue contest
                                                frequency of certification. The proposal                simulated mine rescue exercise;                       fairly and provide appropriate and
                                                would require that a mine operator                      participate in a simulated mine rescue                meaningful feedback, judges should
                                                certify that each of the mine’s two                     exercise while being timed and                        have a strong background in contest
                                                designated mine rescue teams meet the                   observed by trained judges who evaluate               rules and critiquing team member
                                                requirements of this section. To meet                   the performance of each team and                      performance. Each year, MSHA
                                                the proposed requirement, the mine                      provide written feedback; and wear                    provides training at the National Mine
                                                operator must submit an annual                          oxygen breathing apparatus.                           Health and Safety Academy for MSHA,
                                                certification statement to the District                    • Contest judges must have                         State, industry, mine rescue team
                                                Manager. MSHA requests comments on                      completed annual training for mine                    personnel, simulated mine rescue
                                                other alternatives for certification of                 rescue contest judges.                                exercise designers, and other interested
                                                mine rescue teams.                                         a. Criteria for a Local Mine Rescue                parties. This training is provided under
                                                   MSHA is proposing that, to be                        Contest.                                              a train-the-trainer concept, thereby
                                                certified, the mine rescue team must be                    Contest Rules. MSHA-recognized                     expanding the reach of the training.
                                                available when miners are underground                   rules are developed annually by the                   Persons attending this training are then
                                                and within 1-hour ground travel time                    National Mine Rescue Contest Rules                    qualified to provide training to judges at
                                                from the mine rescue station to the                     Committee, comprised of mine rescue                   the local level. The training is titled,
                                                mine; team members must be physically                   associations and individuals from                     ‘‘National Mine Rescue Rules and
                                                fit, experienced working in an                          MSHA, State agencies, academia, and                   Interpretations Training.’’ This training
                                                underground mine, and properly                          the mining industry. MSHA publishes                   is also Web cast to Western Kentucky;
                                                trained; and the mine rescue station                    these National rules on its Web site at               Denver, Colorado; Birmingham,
                                                must be adequately equipped. The                        http://www.msha.gov/MineRescue/                       Alabama; and Price, Utah. This training
                                                criteria for these qualifications are                   CONTEST and gives training on them                    also includes time for a question and
                                                contained in the existing and proposed                  for any interested persons each year at               answer discussion.
                                                standards. For ease of understanding,                   the National Mine Health and Safety                      The Agency solicits comments on
                                                the Agency has developed a chart in                     Academy. MSHA would allow contest                     whether there should be a minimum
                                                which the proposed rule lists the                       organizers to use the National Mine                   amount of annual training prescribed for
                                                criteria for annual certification of mine               Rescue Contest Rules and other rules                  contest judges. In MSHA’s experience,
                                                rescue teams by the section number of                   recognized by MSHA. A consistent set                  training on contest rules and
                                                the existing and proposed standards in                  of recognized rules would help mine                   interpretations provides the necessary
                                                30 CFR part 49. This chart is proposed                  rescue teams work together more                       background for evaluating and
                                                as § 49.50, Table–49.50: Criteria to                    efficiently and effectively when                      critiquing mine rescue team
                                                Certify the Qualifications of Mine                      responding to a mine emergency.                       performance. MSHA is considering
                                                Rescue Teams.                                              Three Teams. In MSHA’s experience,                 allowing attendance at this training to
                                                   MSHA has developed certification                     a mine rescue contest must have at least              satisfy the requirement for annual
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                                                forms that operators may use to assist                  three teams competing to provide a                    training for judges. MSHA requests
                                                them in complying with this section.                    meaningful competition and learning                   comments on this approach or whether
                                                These optional forms are attached as an                 opportunity. Mine rescue contests are a               some other training is more appropriate
                                                appendix to this rule. MSHA would                       vital element in improving mine rescue                for mine rescue contest judges.
                                                provide the forms in an electronic                      team expertise. They increase mine                       b. Notifying MSHA. The proposed rule
                                                format and allow electronic filing.                     rescue skills, build team cohesiveness                requires mine operators to notify the
                                                MSHA has posted the forms on its Web                    and trust, and broaden problem-solving                appropriate District Manager, on


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                                                                          Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules                                             51327

                                                request, when and where their                                  other alternatives to participation in                requiring review by the Office of
                                                designated teams plan to participate in                        local mine rescue contests.                           Management and Budget if it has an
                                                mine rescue contests. This notice would                                                                              annual effect on the economy of $100
                                                                                                               IV. Preliminary Regulatory Economic
                                                allow MSHA to attend the contest and                                                                                 million or more; creates a serious
                                                                                                               Analysis
                                                provide assistance. MSHA could verify                                                                                inconsistency or interferes with an
                                                that the contest meets the requirements                        A. Executive Order 12866                              action of another agency; materially
                                                of § 49.60 and achieves its purpose to                                                                               alters the budgetary impact of
                                                increase mine rescue skills, build team                           Executive Order (E.O.) 12866 as
                                                                                                               amended by E.O. 13258 (Amending                       entitlements or the rights of entitlement
                                                cohesiveness and trust, and broaden                                                                                  recipients; or raises novel legal or policy
                                                problem-solving abilities.                                     Executive Order 12866 on Regulatory
                                                                                                               Planning and Review) requires that                    issues. Based on the PREA, MSHA has
                                                   c. Alternative to Participation in Local                                                                          determined that the proposed rule
                                                Mine Rescue Contests.                                          regulatory agencies assess both the costs
                                                                                                               and benefits of regulations. To comply                would not have an annual effect of $100
                                                   This proposal allows alternatives to                                                                              million or more on the economy and
                                                local mine rescue contests so long as the                      with E.O. 12866, MSHA has prepared a
                                                                                                               Preliminary Regulatory Economic                       that, therefore, it is not an economically
                                                training provides equivalent skills                                                                                  ‘‘significant regulatory action’’ pursuant
                                                development. Under the proposal, Mine                          Analysis (PREA) for the proposed rule.
                                                                                                               The PREA contains supporting data and                 to section 3(f) of E.O. 12866. MSHA,
                                                Emergency Response Development
                                                                                                               explanation for the summary materials                 however, has concluded that the
                                                (MERD) drills could count as equivalent
                                                                                                               presented in this preamble, including                 proposed rule is otherwise significant
                                                training when the team participates in a
                                                                                                               the covered mining industry, costs and                under Executive Order 12866 because it
                                                realistic simulation exercise, such as fire
                                                                                                               benefits, feasibility, small business                 raises novel legal or policy issues.
                                                and explosion drills, while wearing
                                                breathing apparatus. Other training that                       impacts, and paperwork. The PREA is                   B. Population at Risk
                                                provides an equivalent realistic                               located on MSHA’s Web site at http://
                                                simulation exercise, such as fire and                          www.msha.gov/REGSINFO.HTM. A                             The proposed rule would apply to 653
                                                explosion drills, can substitute for                           printed copy of the PREA can be                       underground coal mines and cover
                                                participation in a local mine rescue                           obtained from MSHA’s Office of                        42,597 miners and 8,250 (non-office)
                                                contest. MSHA would allow actual                               Standards, Regulations, and Variances                 contractors working at them. Table 2
                                                underground participation in a rescue or                       at the address in the ADDRESSES section               shows a summary distribution of mines,
                                                recovery operation as a substitute for                         of this preamble.                                     underground employment, costs
                                                participation in a local mine rescue                              Executive Order 12866 classifies a                 attributed to this proposal, and revenues
                                                contest. MSHA requests comments on                             rule as a significant regulatory action               for these underground coal mines.

                                                                                               TABLE 2.—SUMMARY DATA FOR UNDERGROUND COAL MINES
                                                                                                                                      Number of em-
                                                                                                               Total number of                              Annual revenue         Annual cost
                                                          Mine size A                    Number of mines                             ployees B under-                                              Cost per mine
                                                                                                                  miners B                                     (billions)           (millions)
                                                                                                                                          ground

                                                1–19 .................................                   220               2,255                  1,952                 $0.3                $0.7           $3,100
                                                20–500 .............................                     420              32,852                 29,742                  9.8                 2.3            5,500
                                                >500 .................................                    13               7,490                  6,503                  3.0                 0.1            7,300
                                                All Mines ..........................                     653              42,597                 38,197                 13.1                 3.1            4,700
                                                   A Size   based on total mine employment, excluding office workers.
                                                   B Does    not include 8,250 (non-office) contractor employees, 4,096 of which work underground.


                                                C. Costs                                                       $3.1 million. Disaggregated by mine                   with 20–500 employees; and $0.1
                                                                                                               size, yearly costs would be $0.7 million              million (or about $7,300 per mine) for
                                                  As shown in Table 3, MSHA estimates                          (or approximately $3,100 per mine) for                mine operators with more than 500
                                                that the proposed rule would result in                         mine operators with fewer than 20                     employees. All cost estimates are
                                                total yearly costs for the underground                         employees; $2.3 million (or about                     presented in 2005 dollars.
                                                coal mining industry of approximately                          $5,500 per mine) for mine operators
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                                                  Specific to the mine rescue team                      employees would incur costs of                        rescue teams. As shown in Table 4, the
                                                proposed rule, MSHA has broken down                     approximately $1.3 million per year and               total yearly cost of the proposed rule for
                                                total compliance costs for mines with 1–                underground coal mines with 37 or                     State-sponsored mine rescue teams
                                                36 employees and mines with 37 or                       more employees would incur costs of                   would be about $132,000. Of this,
                                                more employees. Of the $3.1 million                     approximately $1.8 million per year.                  $89,000 would be for training and
                                                total yearly cost of the proposed rule,                   In addition, the proposed rule would                $43,000 would be for participation in
                                                underground coal mines with 1–36                        impose costs on State-sponsored mine                  two local mine rescue contests.




                                                   These cost estimates are based on a                  the event of an emergency situation at                members. These factors provide for
                                                variety of key assumptions regarding the                an underground coal mine. Mine                        more efficient decision-making during
                                                response of industry and States to the                  operators often rely on mine rescue                   an emergency and increased confidence
                                                proposed rule: (1) 28 mine rescue                       teams to save miners during an                        in the personnel who implement these
                                                stations would be added to the 92                       underground emergency such as an                      decisions.
                                                stations currently serving underground                  explosion, fire, roof fall, or water                     MSHA has qualitatively determined
                                                coal mines; (2) an additional 56 mine                   inundation. In such a situation, the                  that the proposed rule would make coal
                                                rescue teams would be formed; (3) none                  timely arrival of a properly-trained mine             mine rescue teams better able to
                                                of the existing 145 mine rescue teams                   rescue team can sometimes mean the                    respond to emergencies when a quick
                                                would disband; and (4) the additional                   difference between life and death. In                 response by rescue teams is vital to
                                                mine rescue teams would not impose                      most instances, other types of rescue                 miners. The proposed rule would
                                                any costs on mine operators other than                  units, e.g., a rescue squad from the local            improve overall mine rescue service in
                                                those itemized in the PREA. In addition,                fire department, are unlikely to have the             three areas:
                                                although MSHA is aware that the                         specialized training and equipment to                    • It would improve mine emergency
                                                requirements in the proposed rule may                   respond effectively to an emergency due               response time by requiring that mine
                                                place some pressure on States to                        to the hazardous nature of the                        rescue team members be available at the
                                                increase the number of State-sponsored                  underground coal mine environment.                    mine within 1 hour ground travel time
                                                mine rescue teams and stations, MSHA                       A good mine rescue team will have                  from the mine rescue station.
                                                assumed no change in the existing                       knowledge and familiarity with the                       • It would increase the quality and
                                                provision of these services in response                 mine layout, including the location of                effectiveness of training by requiring
                                                to the proposed rule. MSHA solicits                     working sections, mining equipment,                   team members to be familiar with the
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                                                comments on these and all other                         fire-fighting equipment, first aid                    covered mines’’ operations, participate
                                                assumptions and data used in the PREA.                  supplies, transportation, escapeways,                 in training at the covered mines, and
                                                                                                                                                                                                           EP06SE07.002</GPH>




                                                                                                        and emergency shelters; know the                      participate in two local mine rescue
                                                D. Benefits
                                                                                                        mine’s roof conditions and ventilation                contests.
                                                   The purpose of this proposed rule is                 system; and have an established                          • It would strengthen the
                                                to enhance the availability and                         working relationship with mine                        requirements for knowledge and
                                                                                                                                                                                                           EP06SE07.001</GPH>




                                                effectiveness of mine rescue teams in                   management and among the team                         experience of mine rescue team


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                                                                    Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules                                                 51329

                                                members by requiring them to have                       Small Business Regulatory Enforcement                 categories considered, MSHA believes it
                                                knowledge of the operations and                         Fairness Act (SBREFA), MSHA analyzed                  is generally appropriate to conclude that
                                                ventilation of the covered mines and by                 the impact of the proposed rule on small              there is no significant economic impact
                                                requiring contract team members to                      entities. Based on that analysis, MSHA                on a substantial number of small
                                                have at least 3 years underground coal                  notified the Chief Council for Advocacy,              entities. If the estimated costs are equal
                                                mine experience within the 10-year                      Small Business Administration (SBA),                  to or exceed one percent of revenues,
                                                period preceding their employment on                    and made the certification under the                  MSHA will investigate whether a
                                                the contract team.                                      Regulatory Flexibility Act at 5 U.S.C.                further analysis is required. For this
                                                   The proposed rule also would                         605(b) that the proposed rule would not               proposed rule, MSHA has determined
                                                increase awareness of the mine operator                 have a significant economic impact on                 that the estimated costs are less than
                                                by requiring the mine operator to                       a substantial number of small entities.               one percent of the estimated revenues.
                                                provide two certified mine rescue teams                 The factual basis for this certification is           Therefore, MSHA certifies that this
                                                and to have a person knowledgeable in                   presented in full in Chapter V of the                 proposed rule would not have a
                                                mine emergency response on each shift.                  PREA and in summary form below.                       significant economic impact on a
                                                The proposal includes criteria for                                                                            substantial number of small entities.
                                                                                                        A. Definition of a Small Mine
                                                certifying the mine rescue teams and                                                                             Coal mining revenues are derived
                                                clarifies training requirements for the                    Under the RFA, in analyzing the                    from data on the price of coal and total
                                                knowledgeable person.                                   impact of a proposed rule on small                    coal production. Total underground coal
                                                   Team members employed at a given                     entities, MSHA must use the Small                     production in 2006 was 359 million
                                                mine are exceptionally knowledgeable                    Business Administration’s (SBA’s)                     tons. The price of underground coal in
                                                in mine gases, ventilation, first aid, and              definition for a small entity, or after               2005 was $36.42 per ton.1 Thus, based
                                                other health and safety subjects as they                consultation with the SBA Office of                   on the total amount of coal production
                                                apply generally and at that specific                    Advocacy, establish an alternative                    and the cost of coal per ton, the total
                                                mine. Their level of mine rescue                        definition for the mining industry by                 estimated revenue in 2006 for
                                                training, combined with their everyday                  publishing that definition in the Federal             underground coal production was $13.1
                                                presence during the normal work cycle,                  Register for notice and comment. MSHA                 billion. Using the same approach, the
                                                provides an added measure of safety for                 has not established an alternate                      estimated 2005 underground coal
                                                each worker at the mine.                                definition and is required to use the                 revenue by employment size category is
                                                                                                        SBA definition. The SBA defines a                     approximately $0.3 billion for 220
                                                V. Feasibility                                          small entity in the mining industry as                mines with 1–19 employees, $1.3 billion
                                                  MSHA has concluded that the                           an establishment with 500 or fewer                    for 368 mines with 1–36 employees, and
                                                requirements of the proposed rule are                   employees.                                            $10.1 billion for 640 mines with 1–500
                                                technologically and economically                           MSHA has also examined the impact                  employees.
                                                feasible.                                               of this proposed rule on underground                     The proposed rule would result in an
                                                                                                        coal mines with fewer than 20                         average yearly cost per underground
                                                A. Technological Feasibility                            employees, which MSHA has                             coal mine of $3,074 for mines with 1–
                                                   This proposed rule is not a                          traditionally referred to as ‘‘small                  19 employees; $3,231 for mines with 1–
                                                technology-forcing standard and does                    mines.’’ These small mines differ from                36 employees; and $4,680 for mines
                                                not involve new scientific knowledge.                   larger mines not only in the number of                with 1–500 employees. The average
                                                The requirements of the rule involve                    employees, but also in economies of                   yearly cost per mine for all underground
                                                training and purchase of equipment and                  scale in material produced, in the type               coal mines is $4,733. When dividing the
                                                a requirement that the mine rescue                      and amount of production equipment,                   yearly compliance costs by the annual
                                                station be located closer, within 1 hour                and in supply inventory. Therefore, the               revenues in each mine size category, the
                                                (rather than 2 hours) ground travel time                cost of complying with MSHA’s                         cost of the rule for underground coal
                                                to the covered mines. MSHA projects                     proposed rule and the impact of the                   mines is 0.24% of revenues for mines
                                                that this requirement would necessitate                 proposed rule on small mines will also                with 1–19 employees, 0.10% of
                                                additional mine rescue stations and                     be different. It is for this reason that              revenues for mines with 1–36
                                                mine rescue teams. MSHA has                             small mines are of special concern to                 employees, and 0.03% of revenues for
                                                concluded that the proposed rule is                     MSHA.                                                 mines with 1–500 employees. The cost
                                                technologically feasible.                                  In addition, MSHA has examined the                 as a percentage of revenues for all
                                                                                                        cost of compliance for underground coal               underground coal mines would be
                                                B. Economic Feasibility                                 mines with 36 or fewer employees,                     approximately 0.02%.
                                                   The total cost of the proposed rule is               consistent with the requirements of the                  When applying MSHA’s and SBA’s
                                                approximately $3.1 million annually for                 MINER Act, to ensure that the proposed                definition of small entities, the annual
                                                all underground coal mine operators.                    rule would not significantly and                      cost of the proposed rule to small mines
                                                These compliance costs are well under                   adversely impact this subset of mines.                is substantially less than one percent of
                                                one percent of the yearly revenues of                   Thus, the detailed factual basis below                their estimated annual revenues. The
                                                $13.1 billion for these underground coal                also shows the economic impact on                     proposed rule, therefore, would not
                                                mine operators. MSHA concludes that                     underground coal mines with 36 or                     have a significant economic impact on
                                                the amount of these costs supports its                  fewer employees.                                      a substantial number of small entities.
                                                finding that the proposed rule is                                                                             Accordingly, MSHA has certified that
                                                                                                        B. Factual Basis for Certification
                                                economically feasible. MSHA solicits                                                                          the proposed rule would not have a
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                                                comments on this issue.                                   MSHA initially evaluates the
                                                                                                                                                              significant economic impact on a
                                                                                                        economic impact of a rule on ‘‘small
                                                VI. Regulatory Flexibility Act and                                                                            substantial number of small entities that
                                                                                                        entities’’ by comparing the estimated
                                                Small Business Regulatory Enforcement                                                                         are covered by the proposed rule.
                                                                                                        costs of the rule for small entities to
                                                Fairness Act                                            their estimated revenues. When                          1 U.S. Dept. of Energy, Energy Information
                                                  Pursuant to the Regulatory Flexibility                estimated costs are less than one percent             Administration, ‘‘Annual Coal Report 2005,’’ Table
                                                Act (RFA) of 1980, as amended by the                    of estimated revenues for the size                    28, October 2006.



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                                                51330               Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules

                                                VII. Paperwork Reduction Act of 1995                    proposed rule. The PREA is posted on                  requirements on underground coal mine
                                                                                                        MSHA’s Web site at http://                            operators in providing and training
                                                1. Summary
                                                                                                        www.msha.gov/REGSINFO.HTM. A                          mine rescue teams. These proposed
                                                   The mine rescue team proposed rule                   print copy of the PREA can be obtained                changes would not directly affect States
                                                would continue the existing paperwork                   from MSHA’s Office of Standards,                      or their relationships with the national
                                                burden requirements and impose                          Regulations, and Variances at the                     government; however, some States
                                                several new paperwork burden                            address provided in the ADDRESSES                     sponsor mine rescue teams. In the spirit
                                                requirements. Proposed § 49.16 would                    section of this preamble.                             of the Unfunded Mandates Reform Act,
                                                continue to require certification of                                                                          MSHA specifically solicits comments on
                                                inspection and testing of breathing                     2. Procedural Details
                                                                                                                                                              this proposed rule from State officials.
                                                apparatus, as well as a record of any                     The information collection package
                                                corrective action taken for breathing                   has been submitted to OMB for review                  B. The Treasury and General
                                                apparatus. Proposed § 49.18 would                       under 44 U.S.C. 3504, paragraph (h) of                Government Appropriations Act of
                                                continue to require preparation of                      the Paperwork Reduction Act of 1995,                  1999: Assessment of Federal
                                                training materials for new mine rescue                  as amended. A copy of the information                 Regulations and Policies on Families
                                                team members and a record of each new                   collection package can be obtained from                 Section 654 of the Treasury and
                                                mine rescue team member’s training.                     the Department of Labor by electronic                 General Government Appropriations
                                                The Office of Management and Budget                     mail request to king.darrin@dol.gov or                Act of 1999 (5 U.S.C. 601 note) requires
                                                (OMB) has approved these                                by phone request to 202–693–4129.                     agencies to assess the impact of
                                                requirements, which are in existing                       MSHA requests comments to:                          proposed agency actions on family well-
                                                §§ 49.6 and 49.8, under OMB control                       • Evaluate whether the proposed                     being. MSHA has determined that this
                                                number 1219–0078. In addition,                          collection of information is necessary                proposed rule would have no effect on
                                                proposed § 49.50 would impose a new                     for the proper performance of the                     family stability or safety, marital
                                                annual paperwork burden for mine                        functions of the agency, including                    commitment, parental rights and
                                                operators to certify that each designated               whether the information will have                     authority, or income or poverty of
                                                mine rescue team meets the                              practical utility;                                    families and children. Accordingly,
                                                requirements of this part. MSHA has                       • Evaluate the accuracy of the                      MSHA certifies that this proposed rule
                                                developed optional forms for the mine                   Agency’s estimate of the burden of the                would not impact family well-being.
                                                operator to use for this certification.                 proposed collection of information,
                                                Proposed § 75.1501 also would require                                                                         C. Executive Order 12630: Government
                                                                                                        including the validity of the
                                                mine operators to certify that each                                                                           Actions and Interference With
                                                                                                        methodology and assumptions used;
                                                responsible person has completed the                                                                          Constitutionally Protected Property
                                                                                                          • Enhance the quality, utility, and
                                                required mine emergency response                                                                              Rights
                                                                                                        clarity of the information to be
                                                training.                                               collected; and                                          This proposed rule would not
                                                   Overall, the underground coal                          • Minimize the burden of the                        implement a policy with takings
                                                industry would incur approximately                      collection of information on those who                implications. Accordingly, E.O. 12630
                                                2,466 paperwork burden hours in the                     are to respond, including through the                 requires no further Agency action or
                                                first year with associated paperwork                    use of appropriate automated,                         analysis.
                                                burden costs of approximately $83,300.                  electronic, mechanical, or other
                                                Total burden hours in the first year                                                                          D. Executive Order 12988: Civil Justice
                                                                                                        technological collection techniques or                Reform
                                                consist of two components: first year
                                                                                                        other forms of information technology,
                                                burden hours and annual burden hours.                                                                            This proposed rule was written to
                                                                                                        e.g., permitting electronic submission of
                                                Annual burden hours are those that                                                                            provide a clear legal standard for
                                                                                                        responses.
                                                occur every year. Of the 2,466 burden                     Comments on the information                         affected conduct and was carefully
                                                hours, 39 burden hours would occur in                   collection requirements should be sent                reviewed to eliminate drafting errors
                                                the first year and every 10 years                       to both OMB and MSHA. Addresses for                   and ambiguities, so as to minimize
                                                thereafter with associated costs of                     both offices can be found in the                      litigation and undue burden on the
                                                $2,450 (equivalent to $349 of                                                                                 Federal court system. Accordingly, this
                                                                                                        ADDRESSES section of this preamble. The
                                                annualized costs). The remaining 2,427                                                                        proposed rule would meet the
                                                                                                        regulated community is not required to
                                                burden hours would occur in the first                                                                         applicable standards provided in
                                                                                                        respond to any collection of information
                                                year and every year thereafter with                                                                           Section 3 of E.O. 12988.
                                                                                                        unless it displays a current, valid, OMB
                                                associated costs of approximately
                                                                                                        control number. MSHA displays OMB                     E. Executive Order 13045: Protection of
                                                $83,000.
                                                                                                        control numbers in 30 CFR part 3.                     Children From Environmental Health
                                                   MSHA projects that the proposed rule
                                                would require additional mine rescue                    VIII. Other Regulatory Considerations                 Risks and Safety Risks
                                                teams and equipment. Existing                                                                                   This proposed rule would have no
                                                                                                        A. The Unfunded Mandates Reform Act
                                                standards require information collection                                                                      adverse impact on children.
                                                                                                        of 1995
                                                for mine rescue teams and equipment.                                                                          Accordingly, E.O. 13045 requires no
                                                MSHA would add the information                            MSHA has reviewed the proposed                      further Agency action or analysis.
                                                collection burden for additional teams                  rule under the Unfunded Mandates
                                                and equipment to that approved under                    Reform Act of 1995 (2 U.S.C. 1501 et                  F. Executive Order 13132: Federalism
                                                existing Office of Management and                       seq.). The proposed rule would not                      Executive Order (E.O.) 13132 requires
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                                                Budget (OMB) control number 1219–                       increase private sector expenditures by               MSHA to develop an accountable
                                                0078.                                                   more than $100 million annually; nor                  process to ensure a meaningful and
                                                   For a detailed explanation of how the                would it significantly or uniquely affect             timely input by State and local officials
                                                burden hours and related costs were                     small governments. The proposed rule                  in the development of regulatory
                                                calculated, see Chapter VII of the                      may result in increased expenditures by               policies that have ‘‘federalism
                                                Preliminary Regulatory Economic                         State, local, or tribal governments,                  implications.’’ Policies that have
                                                Analysis (PREA) accompanying this                       however, because it places new                        federalism implications are defined as


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                                                                    Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules                                                                               51331

                                                having ‘‘substantial direct effects on the               that this proposed rule is not a                                         § 49.10        [Removed]
                                                States, on the relationship between the                  significant energy action because it                                       3. Remove § 49.10.
                                                national government and the States, or                   would not have a significant adverse
                                                on the distribution of power and                         effect on the supply, distribution, or use                                 4. Add new subpart B to read as
                                                responsibilities among the various                       of energy. Further, because this                                         follows:
                                                levels of government.’’ The proposed                     proposed rule would result in yearly                                     Subpart B—Mine Rescue Teams for
                                                rule would place new requirements on                     costs of approximately $3.1 million to                                   Underground Coal Mines
                                                underground coal mine operators in                       the underground coal mining industry,
                                                providing and training mine rescue                       relative to annual revenues of $13.1                                     Sec.
                                                teams. These proposed changes would                      billion in 2006, it would not be a                                       49.11 Purpose and scope.
                                                not directly affect States or their                      significant energy action because it                                     49.12 Availability of mine rescue teams.
                                                relationships with the federal                           would not be likely to have a significant                                49.13 Alternative mine rescue capability for
                                                government. Although the proposed                        adverse effect on the supply,                                                 small and remote mines.
                                                rule does not directly affect States, some                                                                                        49.14 Reserved.
                                                                                                         distribution, or use of energy.                                          49.15 Mine rescue station.
                                                States sponsor mine rescue teams.                        Accordingly, E.O. 13211 requires no                                      49.16 Equipment and maintenance
                                                Consistent with the spirit of E.O. 13132,                further Agency action.                                                        requirements.
                                                MSHA specifically solicits comments on                                                                                            49.17 Physical requirements for mine
                                                this proposed rule from State officials.                 List of Subjects in 30 CFR Part 49
                                                                                                                                                                                       rescue team.
                                                                                                           Education and training, Mine safety                                    49.18 Training for mine rescue teams.
                                                G. Executive Order 13175: Consultation
                                                                                                         and health, Reporting and                                                49.19 Mine emergency notification plan.
                                                and Coordination With Indian Tribal                                                                                               49.20 Requirements for all coal mines.
                                                                                                         recordkeeping requirements.
                                                Governments                                                                                                                       49.30 Requirements for small coal mines.
                                                                                                           Dated: August 29, 2007.
                                                   This proposed rule would not have                                                                                              49.40 Requirements for large coal mines.
                                                ‘‘tribal implications,’’ because it would                Richard E. Stickler,                                                     49.50 Certification of coal mine rescue
                                                not ‘‘have substantial direct effects on                 Assistant Secretary for Mine Safety and                                       teams.
                                                one or more Indian tribes, on the                        Health.                                                                  49.60 Requirements for a local mine rescue
                                                                                                           For the reasons set out in the                                              contest.
                                                relationship between the Federal
                                                government and Indian tribes, or on the                  preamble, and under the authority of the                                 Appendix to Part 49 Subpart B: Optional
                                                                                                         Federal Mine Safety and Health Act of                                         Forms for Certifying Mine Rescue Teams.
                                                distribution of power and
                                                responsibilities between the Federal                     1977 as amended by the Mine
                                                                                                         Improvement and New Emergency                                            Subpart B—Mine Rescue Teams for
                                                government and Indian tribes.’’                                                                                                   Underground Coal Mines
                                                Accordingly, E.O. 13175 requires no                      Response Act of 2006, MSHA is
                                                further Agency action or analysis.                       proposing to amend chapter 1 of title 30                                 § 49.11        Purpose and scope.
                                                                                                         of the Code of Federal Regulations as
                                                H. Executive Order 13211: Actions                        follows.                                                                   (a) This subpart implements the
                                                Concerning Regulations That                                                                                                       provisions of section 115(e) of the
                                                Significantly Affect Energy Supply,                      PART 49—MINE RESCUE TEAMS                                                Federal Mine Safety and Health Act of
                                                Distribution, or Use                                                                                                              1977 as amended by the Mine
                                                                                                           1. The authority for part 49 is revised                                Improvement and New Emergency
                                                   Executive Order 13211 requires                        to read as follows:
                                                agencies to publish a statement of                                                                                                Response Act of 2006 (MINER Act).
                                                energy effect when a rule has a                             Authority: 30 U.S.C. 811, 825(e).                                     Every operator of an underground coal
                                                significant energy action that adversely                                                                                          mine shall assure the availability of
                                                                                                         Subpart A—Mine Rescue Teams for                                          mine rescue capability for purposes of
                                                affects energy supply, distribution, or
                                                                                                         Underground Metal and Nonmetal                                           emergency rescue and recovery.
                                                use. MSHA has reviewed the proposed
                                                                                                         Mines
                                                rule for its impact on the supply,                                                                                                  (b) The following Table 49.11
                                                distribution, and use of energy because                    2. Add a new subpart A with the                                        summarizes the new requirements for
                                                it applies to the underground coal                       heading as shown above consisting of                                     mine rescue teams contained in section
                                                mining industry. MSHA has concluded                      existing §§ 49.1 through 49.9.                                           4 of the MINER Act.

                                                  TABLE 49.11—SUMMARY OF NEW MINER ACT REQUIREMENTS FOR UNDERGROUND COAL MINE OPERATORS AND MINE
                                                                                          RESCUE TEAMS.
                                                                                                                                                           Type of Mine Rescue Team
                                                                  Requirement
                                                                                                                 Mine-site                            Composite                            Contract                       State-sponsored*

                                                Team members must participate at least an-            YES ............................        YES ............................   YES ............................       YES
                                                  nually in two local mine rescue contests.
                                                Team members must participate in mine res-            Annually at Large                       Semi-annually ............         Quarterly at Large                     Annually at Large
                                                  cue training at the underground coal mine             Mines.                                                                     Mines.                                 Mines
                                                  covered by the mine rescue team.                    Semi-annually at                                                           Semi-annually at                       Semi-annually at
                                                                                                        Small Mines.                                                               Small Mines.                           Small Mines
                                                Teams must be available at the mine within            YES ............................        YES ............................   YES ............................       YES
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                                                  1 hour ground travel time from the mine
                                                  rescue station.
                                                Team members must be knowledgeable                    YES ............................        YES ............................   YES ............................       YES
                                                  about the operations and ventilation of the
                                                  covered mines.
                                                Teams must have team members which in-                 ....................................   YES ............................   ....................................
                                                  clude at least two active employees from
                                                  each of the covered mines.



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                                                51332               Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules

                                                  TABLE 49.11—SUMMARY OF NEW MINER ACT REQUIREMENTS FOR UNDERGROUND COAL MINE OPERATORS AND MINE
                                                                                    RESCUE TEAMS.—Continued
                                                                                                                                             Type of Mine Rescue Team
                                                                  Requirement
                                                                                                              Mine-site                  Composite                     Contract      State-sponsored*

                                                Team must be comprised of persons with a .................................... .................................... YES ............................
                                                   minimum of 3 years underground coal
                                                   mine experience that shall have occurred
                                                   within the 10-year period preceding their
                                                   employment on the contract mine rescue
                                                   team.
                                                All mine operators must provide for two certified mine rescue teams. Large mine operators shall provide one team that is either an individual
                                                   mine-site mine rescue team or a composite team.
                                                  *Note: Team members of State-sponsored teams who are full-time State employees whose primary job duties include (1) inspecting under-
                                                ground mines for compliance with State safety laws or (2) training mine rescue teams or (3) conducting mine safety training or (4) other similar
                                                duties that would enhance their mine rescue knowledge may substitute their regular job experience for 50 percent of the training requirements
                                                (annual training which includes mine rescue contests and mine-site training) for non-State employee mine rescue team members.


                                                § 49.12   Availability of mine rescue teams.            present at all existing underground                   consideration for small and remote shall
                                                   (a) Except where alternative                         mines, upon initial excavation of a new               be given where the total underground
                                                compliance is permitted for small and                   underground mine entrance, or the re-                 employment of the operator’s mine and
                                                remote mines (§ 49.13), every operator                  opening of an existing underground                    any surrounding mine(s) within 1 hour
                                                of an underground mine shall:                           mine.                                                 ground travel time of the operator’s
                                                   (1) Establish at least two mine rescue                 (f) No mine served by a mine rescue                 mine is less than 36.
                                                teams which are available at all times                  team shall be located more than 1 hour                  (b) An application for alternative
                                                when miners are underground; or                         ground travel time from the mine rescue               mine rescue capability shall be
                                                   (2) Enter into an arrangement for mine               station with which the rescue team is                 submitted to the District Manager for the
                                                rescue services which assures that at                   associated.                                           district in which the mine is located for
                                                least two mine rescue teams are                           (g) As used in this part, mine rescue               review and approval.
                                                available at all times when miners are                  teams shall be considered available                     (c) Each application for an alternative
                                                underground.                                            where teams are capable of presenting                 mine rescue capability shall contain:
                                                   (b) Each mine rescue team shall                      themselves at the mine site(s) within a                 (1) The number of miners employed
                                                consist of five members and one                         reasonable time after notification of an              underground at the mine on each shift;
                                                alternate who are fully qualified,                      occurrence which might require their                    (2) The location of the designated
                                                trained, and equipped for providing                     services. Rescue team members will be                 mine rescue station serving the mine;
                                                emergency mine rescue service. Mine                     considered available even though                        (3) The total underground
                                                rescue teams for anthracite coal mines,                 performing regular work duties or in an               employment of mines within 1 hour
                                                which have no electrical equipment at                   off-duty capacity. The requirement that               ground travel time of the operator’s
                                                the face or working section, shall consist              mine rescue teams be available shall not              mine;
                                                of at least three members per team and                  apply when teams are participating in                   (4) The operator’s mine fire, ground,
                                                one alternate that may be shared                        mine rescue contests or providing                     and roof control history;
                                                between both teams.                                     services to another mine.                               (5) The operator’s established escape
                                                   (c) To be considered for membership                    (h) Each operator of an underground                 and evacuation plan;
                                                on a mine rescue team, each person                      mine who provides rescue teams under                    (6) A statement by the operator
                                                must have been employed in an                           this section shall send the District                  evaluating the usefulness of additional
                                                underground mine for a minimum of 1                     Manager a statement describing the                    refuge chambers to supplement those
                                                year within the past 5 years, except that               mine’s method of compliance with this                 which may exist;
                                                members of contract mine rescue teams                   part. The statement shall disclose                      (7) A statement by the operator as to
                                                shall have a minimum of 3 years                         whether the operator has independently                the number of miners willing to serve
                                                underground coal mine experience that                   provided mine rescue teams or entered                 on a mine rescue team;
                                                shall have occurred within the 10-year                  into an agreement for the services of                   (8) The operator’s alternative plan for
                                                period preceding their employment on                    mine rescue teams. The name of the                    assuring that a suitable mine rescue
                                                the contract mine rescue team. For the                  provider and the location of the services             capability is provided at all times when
                                                purpose of mine rescue work only,                       shall be included in the statement. A                 miners are underground; and
                                                miners who are employed on the surface                  copy of the statement shall be posted at                (9) Other relevant information about
                                                but work regularly underground shall                    the mine for the miners’ information.                 the operator’s mine which may be
                                                meet the experience requirement. The                    Where a miners’ representative has been               requested by the District Manager.
                                                underground experience requirement is                   designated, the operator shall also                     (d) A copy of the operator’s
                                                waived for those miners on a mine                       provide the representative with a copy                application shall be posted at the mine.
                                                rescue team on the effective date of this               of the statement.                                     Where a miners’ representative has been
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                                                rule.                                                                                                         designated, the operator shall also
                                                   (d) Each operator shall arrange, in                  § 49.13 Alternative mine rescue capability            provide the representative with a copy
                                                advance, ground transportation for                      for small and remote mines.                           of the application.
                                                rescue teams and equipment to the mine                    (a) If an underground mine is small                   (e) In determining whether to approve
                                                or mines served.                                        and remote, an operator may provide for               an application for alternative
                                                   (e) Upon the effective date of this part,            an alternative mine rescue capability.                compliance, the District Manager shall
                                                the required rescue capability shall be                 For the purposes of this part only,                   consider:


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                                                                    Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules                                             51333

                                                   (1) The individual circumstances of                  equipment. Mine rescue stations serving               § 49.17 Physical requirements for mine
                                                the small and remote mine;                              underground anthracite coal mines,                    rescue team.
                                                   (2) Comments submitted by, or on                     which have no electrical equipment at                   (a) Each member of a mine rescue
                                                behalf of, any affected miner; and                      the face or working section, shall have               team shall be examined annually by a
                                                   (3) Whether the alternative mine                     at least the amount of equipment                      physician who shall certify that each
                                                rescue plan provides a suitable rescue                  appropriate for the number of mine                    person is physically fit to perform mine
                                                capability at the operator’s mine.                      rescue team members.                                  rescue and recovery work for prolonged
                                                   (f) Where alternative compliance is                                                                        periods under strenuous conditions.
                                                                                                           (1) Twelve self-contained oxygen
                                                approved by MSHA, the operator shall                                                                          The first such physical examination
                                                                                                        breathing apparatus, each with a
                                                adopt the alternative plan and post a                                                                         shall be completed within 60 days prior
                                                                                                        minimum of 2 hours capacity (approved
                                                copy of the approved plan (with                                                                               to scheduled initial training. A team
                                                                                                        by MSHA and NIOSH under 42 CFR
                                                appropriate MSHA mine emergency                                                                               member requiring corrective eyeglasses
                                                                                                        part 84, subpart H), and any necessary
                                                telephone numbers) at the mine for the                                                                        will not be disqualified provided the
                                                                                                        equipment for testing such breathing
                                                miners’ information. Where a miners’                                                                          eyeglasses can be worn securely within
                                                                                                        apparatus;
                                                representative has been designated, the                                                                       an approved facepiece.
                                                operator shall also provide the                            (2) A portable supply of liquid air,
                                                                                                                                                                (b) In determining whether a miner is
                                                representative with a copy of the                       liquid oxygen, pressurized oxygen,
                                                                                                                                                              physically capable of performing mine
                                                approved plan.                                          oxygen generating or carbon dioxide
                                                                                                                                                              rescue duties, the physician shall take
                                                   (g) The operator shall notify the                    absorbent chemicals, as applicable to
                                                                                                                                                              the following conditions into
                                                District Manager of any changed                         the supplied breathing apparatus and
                                                                                                                                                              consideration:
                                                condition or factor materially affecting                sufficient to sustain each team for 6                   (1) Seizure disorder;
                                                information submitted in the                            hours while using the breathing                         (2) Perforated eardrum;
                                                application for alternative mine rescue                 apparatus during rescue operations;                     (3) Hearing loss without a hearing aid
                                                capability.                                                (3) One extra oxygen bottle (fully                 greater than 40 decibels at 400, 1000,
                                                   (h)(1) An approved plan for                          charged) for every six self-contained                 and 2000 Hz;
                                                alternative mine rescue capability shall                compressed oxygen breathing apparatus;                  (4) Repeated blood pressure
                                                be subject to revocation or modification                   (4) One oxygen pump or a cascading                 (controlled or uncontrolled by
                                                for cause by MSHA, where it is                          system, compatible with the supplied                  medication) reading which exceeds 160
                                                determined that a condition or factor                   breathing apparatus;                                  systolic, or 100 diastolic, or which is
                                                has changed which would materially                                                                            less than 105 systolic, or 60 diastolic;
                                                                                                           (5) Twelve permissible cap lamps and
                                                alter the operator’s mine rescue                                                                                (5) Distant visual acuity (without
                                                                                                        a charging rack;
                                                capability. If such action is                                                                                 glasses) less than 20/50 Snellen scale in
                                                contemplated, the operator will be                         (6) Two gas detectors appropriate for              one eye, and 20/70 in the other;
                                                notified, and given an opportunity to be                each type of gas which may be                           (6) Heart disease;
                                                heard before the appropriate District                   encountered at the mines served;                        (7) Hernia;
                                                Manager.                                                   (7) Two oxygen indicators or two                     (8) Absence of a limb or hand; or
                                                   (2) If an application for alternative                flame safety lamps;                                     (9) Any other condition which the
                                                compliance is denied or revoked, the                       (8) One portable mine rescue                       examining physician determines is
                                                District Manager shall provide the                      communication system (approved under                  relevant to the question of whether the
                                                reason for such denial or revocation in                 part 23 of this title) or a sound-powered             miner is fit for rescue team service.
                                                writing to the operator. The operator                   communication system. The wires or                      (c) The operator shall have MSHA
                                                may appeal this decision in writing to                  cable to the communication system                     Form 5000–3 certifying medical fitness
                                                the Administrator for Coal Mine Safety                  shall be of sufficient tensile strength to            completed and signed by the examining
                                                and Health.                                             be used as a manual communication                     physician for each member of a mine
                                                                                                        system. These communication systems                   rescue team. These forms shall be kept
                                                § 49.14   [Reserved]
                                                                                                        shall be at least 1,000 feet in length; and           on file at the mine rescue station for a
                                                § 49.15   Mine rescue station.                                                                                period of 1 year.
                                                                                                           (9) Necessary spare parts and tools for
                                                   (a) Every operator of an underground                 repairing the breathing apparatus and                 § 49.18    Training for mine rescue teams.
                                                mine shall designate, in advance, the                   communication system.                                    (a) Prior to serving on a mine rescue
                                                location of the mine rescue station                        (b) Mine rescue apparatus and                      team each member shall complete, at a
                                                serving the mine.                                       equipment shall be maintained in a                    minimum, an initial 20-hour course of
                                                   (b) Mine rescue stations are to provide
                                                                                                        manner that will ensure readiness for                 instruction as prescribed by MSHA’s
                                                a centralized storage location for rescue
                                                                                                        immediate use. A person trained in the                Office of Educational Policy and
                                                equipment. This centralized storage
                                                                                                        use and care of breathing apparatus                   Development, in the use, care, and
                                                location may be either at the mine site,
                                                                                                        shall inspect and test the apparatus at               maintenance of the type of breathing
                                                affiliated mines, or a separate mine
                                                                                                        intervals not exceeding 30 days and                   apparatus which will be used by the
                                                rescue structure.
                                                                                                        shall certify by signature and date that              mine rescue team. The initial training
                                                   (c) Mine rescue stations shall provide
                                                                                                        the inspections and tests were done.                  requirement is waived for those miners
                                                a proper storage environment to assure
                                                                                                        When the inspection indicates that a                  on a mine rescue team on the effective
                                                equipment readiness for immediate use.
                                                   (d) Authorized representatives of the                corrective action is necessary, the                   date of this rule.
                                                Secretary shall have the right of entry to              corrective action shall be made and the                  (b) Upon completion of the initial
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                                                inspect any designated mine rescue                      person shall record the corrective action             training, all team members shall receive
                                                station.                                                taken. The certification and the record               at least 64 hours of training annually,
                                                                                                        of corrective action shall be maintained              which shall consist of refresher training
                                                § 49.16 Equipment and maintenance                       at the mine rescue station for a period               given at 8 hours every 2 months.
                                                requirements.                                           of 1 year and made available on request               Refresher training shall include:
                                                  (a) Each mine rescue station shall be                 to an authorized representative of the                   (1) Sessions underground at least once
                                                provided with at least the following                    Secretary.                                            each 6 months;


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                                                51334                     Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules

                                                   (2) The wearing and use of the                                        approval together with reasons for                                             (i) Include at least two members from
                                                breathing apparatus by team members                                      revocation shall be provided the                                            each covered mine,
                                                for a period of at least 2 hours while                                   instructor. The affected instructor may                                        (ii) Are knowledgeable about the
                                                under oxygen every 2 months;                                             appeal the decision of the District                                         operations and ventilation of the
                                                   (3) Where applicable, the use, care,                                  Manager by writing to the Administrator                                     covered underground coal mines, and
                                                capabilities, and limitations of auxiliary                               for Coal Safety and Health. The                                                (iii) Participate in mine rescue
                                                mine rescue equipment, or a different                                    Administrator shall issue a decision on                                     training at each covered mine at least
                                                breathing apparatus;                                                     the appeal.                                                                 semi-annually at large and small mines.
                                                   (4) Advanced mine rescue training                                       (f) Upon request from the District                                           (3) Contract team. A mine rescue team
                                                and procedures, as prescribed by                                         Manager, the operator shall provide                                         that is provided by an arrangement with
                                                MSHA’s Office of Educational Policy                                      information concerning the schedule of                                      another coal mine or with a third party
                                                and Development;                                                         upcoming training.
                                                   (5) Mine map training and ventilation                                                                                                             and whose members—
                                                                                                                           (g) A record of training of each team
                                                procedures; and                                                                                                                                         (i) Are knowledgeable about the
                                                                                                                         member shall be on file at the mine
                                                   (6) The wearing of mine rescue                                                                                                                    operations and ventilation of the
                                                                                                                         rescue station for a period of 1 year.
                                                apparatus while in smoke, simulated                                                                                                                  covered underground coal mine, and
                                                smoke, or an equivalent environment at                                   § 49.19        Mine emergency notification plan.                               (ii) Participate in mine rescue training
                                                least once during each 12-month period.                                    (a) Each underground mine shall have                                      at a covered large mine at least quarterly
                                                   (c) A mine rescue team member will                                    a mine rescue notification plan                                             and at a covered small mine at least
                                                be ineligible to serve on a team if more                                 outlining the procedures to follow in                                       semi-annually.
                                                than 8 hours of training is missed                                       notifying the mine rescue teams when                                           (4) State-sponsored team. Members
                                                during 1 year, unless additional training                                there is an emergency that requires their                                   who are State employees and participate
                                                is received to make up for the time                                      services.                                                                   in mine rescue training at a covered
                                                missed.                                                                    (b) A copy of the mine rescue                                             large mine at least annually and at a
                                                   (d) The training courses required by                                  notification plan shall be posted at the                                    covered small mine at least semi-
                                                this section shall be conducted by                                       mine for the miners’ information. Where                                     annually.
                                                instructors who have been employed in                                    a miners’ representative has been
                                                an underground mine and have had a                                       designated, the operator shall also                                         § 49.30       Requirements for small coal
                                                minimum of 1 year experience as a mine                                                                                                               mines.
                                                                                                                         provide the representative with a copy
                                                rescue team member or a mine rescue                                      of the plan.                                                                  At mines with 36 or fewer employees,
                                                instructor within the past 5 years and                                                                                                               mine rescue team members shall be
                                                who have received MSHA approval                                          § 49.20        Requirements for all coal mines.                             knowledgeable about the operations and
                                                through one of the following methods:                                      (a) The operator of each underground                                      ventilation of the mine.
                                                   (1) Completion of an MSHA or State                                    coal mine shall make available two
                                                approved instructor’s training course                                    certified mine rescue teams whose                                           § 49.40       Requirements for large coal mines.
                                                and the program of instruction in the                                    members—                                                                      At mines with more than 36
                                                subject matter to be taught; or                                            (1) Are familiar with the operations of                                   employees, one of the two certified
                                                   (2) Designation by the District                                       the mine, and                                                               mine rescue teams shall be an
                                                Manager as approved instructors to                                         (2) Participate at least annually in two                                  individual mine-site team or a
                                                teach specific courses, based on their                                   local mine rescue contests.                                                 composite team.
                                                qualifications and teaching experience                                     (b) Team members shall meet the
                                                outlined above. Previously approved                                      following:                                                                  § 49.50       Certification of coal mine rescue
                                                instructors need not be redesignated to                                    (1) Mine-site team. Members who                                           teams.
                                                teach the approved courses as long as                                    work at the mine and participate in                                           For each mine rescue team designated
                                                they have taught those courses within                                    mine rescue training at the mine at least                                   to provide mine rescue coverage at an
                                                the 24 months prior to the effective date                                annually at large mines and semi-                                           underground coal mine, the mine
                                                of this part.                                                            annually at small mines.                                                    operator shall send the District Manager
                                                   (e) The District Manager may revoke                                     (2) Composite team. A mine rescue                                         an annual statement certifying that each
                                                an instructor’s approval for good cause.                                 team that covers multiple mines and                                         team meets the requirements of this part
                                                A written statement revoking the                                         whose members—                                                              as listed in the following Table 49.50.

                                                                                TABLE 49.50.—CRITERIA TO CERTIFY THE QUALIFICATIONS OF MINE RESCUE TEAMS
                                                                                                                                  Qualification                                                                                               Criteria (30 CFR)

                                                                                                                                               (a) Team Members

                                                (1) Except where alternative compliance is permitted, team has at least five members and one alternate. ..........................                                                          49.12(a)
                                                                                                                                                                                                                                            49.12(b)
                                                (2)   Members      are physically fit. ..................................................................................................................................................   49.17
                                                (3)   Members      have experience working in an underground coal mine. ....................................................................................                                49.12(c)
                                                (4)   Members      are familiar with the operations of the mine. .......................................................................................................                    49.20(a)(1)
                                                (5)   Members      are knowledgeable about the operations and ventilation of the mine. ...............................................................                                      49.20(b)(2)(ii)
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                                                                                                                                                                                                                                            49.20(b)(3)(i)
                                                                                                                                                                                                                                            49.30
                                                (6) Members are properly trained. ............................................................................................................................................              49.18
                                                (7) Members participate in mine rescue training at the mine. ..................................................................................................                             49.20(b)(1)
                                                                                                                                                                                                                                            49.20(b)(2)(iii)
                                                                                                                                                                                                                                            49.20(b)(3)(ii)
                                                                                                                                                                                                                                            49.20(b)(4)
                                                                                                                                                                                                                                            49.30



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                                                                       Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules                                                                   51335

                                                                  TABLE 49.50.—CRITERIA TO CERTIFY THE QUALIFICATIONS OF MINE RESCUE TEAMS—Continued
                                                                                                                     Qualification                                                                              Criteria (30 CFR)

                                                (8) Members participate in at least two mine rescue contests annually. .................................................................................      49.20(a)(2)

                                                                                                                               (b) Team Availability

                                                (1) Team is available at all times when miners are underground. ...........................................................................................   49.12(a)
                                                (2) Team is available within 1-hour ground travel time from the mine rescue station to the mine. .........................................                    49.12(f)

                                                                                                                               (c) Team Equipment

                                                Appropriate mine rescue equipment is provided, inspected, tested, and maintained. .............................................................               49.16



                                                § 49.60 Requirements for a local mine                         evaluate the performance of each team                          substitute for participation in a local
                                                rescue contest.                                               and provide written feedback, and                              mine rescue contest. Examples include
                                                  (a) A local mine rescue contest is one                        (iii) Wear oxygen breathing apparatus                        a Mine Emergency Response
                                                that—                                                         while participating in a realistic                             Development (MERD) drill or an
                                                  (1) Is conducted in the United States;                      simulation rescue exercise; and                                equivalent realistic simulation exercise,
                                                  (2) Uses MSHA-recognized rules;                                                                                            such as fire and explosion drills, where
                                                  (3) Has a minimum of three mine                               (5) Includes contest judges who have
                                                rescue teams competing;                                       completed annual training for mine                             the team participates in simulated mine
                                                  (4) Includes team members who—                              rescue contest judges.                                         rescue team exercises and wears
                                                  (i) Have the necessary equipment to                           (b) Upon request from the District                           breathing apparatus.
                                                participate in a simulated mine rescue                        Manager, the operator shall provide
                                                                                                              information concerning the schedule of                         Appendix to Part 49 Subpart B:
                                                team exercise,                                                                                                               Optional Forms for Certifying Mine
                                                  (ii) Participate in a simulated mine                        upcoming mine rescue contests.
                                                                                                                                                                             Rescue Teams.
                                                rescue team exercise while being timed                          (c) Other training that provides
                                                and observed by trained judges who                            equivalent skills development can                              BILLING CODE 4510–43–P
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                                                51336               Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules
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                                                                    Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules                          51337
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                                                BILLING CODE 4510–43–C
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                                                51338               Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules

                                                PART 75—[AMENDED]                                       DEPARTMENT OF LABOR                                   receptionist’s desk and wait for an
                                                                                                                                                              escort.
                                                  6. The authority for part 75 continues                Mine Safety and Health Administration                    Information Collection Requirements:
                                                to read as follows:                                                                                           This proposed rule would not require
                                                   Authority: 30 U.S.C. 811.                            30 CFR Part 49                                        any additional paperwork or
                                                  7. Amend § 75.1501 by revising                                                                              information collection.
                                                                                                        RIN 1219–AB56                                            Docket: Comments can be accessed
                                                paragraph (a) to read as follows:
                                                                                                        Mine Rescue Team Equipment                            electronically at http://www.msha.gov
                                                § 75.1501   Emergency evacuations.                                                                            under the Rules and Regs link. MSHA
                                                   (a) For each shift that miners work                  AGENCY:  Mine Safety and Health                       will post all comments on the Internet
                                                underground, there shall be in                          Administration (MSHA), Labor.                         without change, including any personal
                                                attendance a responsible person                         ACTION: Proposed rule; notice of public               information provided. Comments may
                                                designated by the mine operator to take                 hearings; close of comment period.                    also be reviewed at the Office of
                                                charge during mine emergencies                                                                                Standards, Regulations, and Variances,
                                                involving a fire, explosion or gas or                   SUMMARY: This proposed rule would                     1100 Wilson Boulevard, Room 2350,
                                                water inundations.                                      amend MSHA’s existing standard                        Arlington, Virginia. Stop at the 21st
                                                   (1) The responsible person shall have                addressing mine rescue team equipment                 floor to sign in at the receptionist’s desk
                                                current knowledge of the assigned                       at mine rescue stations serving                       and wait for an escort.
                                                location and expected movements of                      underground coal and metal and                           Mailing List: MSHA maintains a list
                                                miners underground, the operation of                    nonmetal mines. MSHA proposes to                      that enables subscribers to receive e-
                                                the mine ventilation system, the                        amend the existing standard to reflect                mail notification when rulemaking
                                                location of the mine escapeways, the                    advances in mine rescue team                          documents are published in the Federal
                                                mine communications system, any mine                    equipment technology. The proposed                    Register. To subscribe, go to http://
                                                monitoring system if used, locations of                 amendments would increase safety and                  www.msha.gov under the Mailing List
                                                firefighting equipment, the mine’s                      improve effectiveness of mine rescue                  link.
                                                Emergency Response Plan, the Mine                       teams.
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                Rescue Notification Plan, and the Mine                  DATES:   All comments must be sent on or              Patricia W. Silvey, Director, Office of
                                                Emergency Evacuation and Firefighting                   before November 9, 2007. MSHA will                    Standards, Regulations, and Variances,
                                                Program of Instruction.                                 hold four public hearings on October 23,              MSHA, at silvey.patricia@dol.gov
                                                   (2) The responsible person shall be                  October 25, October 30, and November                  (internet e-mail), 202–693–9440 (voice),
                                                trained annually in mine emergency                      1, 2007. Details about the public                     or 202–693–9441 (facsimile).
                                                response. Training shall include                        hearings are in the SUPPLEMENTARY                     SUPPLEMENTARY INFORMATION:
                                                knowledge in the following:                             INFORMATION section of this document.
                                                   (i) Organizing a command center;                     ADDRESSES: Comments must be clearly                   I. Introduction
                                                   (ii) Directing firefighting personnel;               identified with ‘‘RIN 1219–AB56’’ and                    The existing standards for mine
                                                   (iii) Deploying firefighting equipment;              may be sent to MSHA by any of the                     rescue teams contained in 30 CFR part
                                                   (iv) Directing mine rescue personnel;                following methods:                                    49 apply to all underground mines. Part
                                                   (v) Establishing fresh air base;                        (1) Federal e-Rulemaking Portal:                   49 contains requirements addressing
                                                   (vi) Deploying mine rescue teams;                    http://www.regulations.gov. Follow the                three essential elements of effective
                                                   (vii) Providing for mine gas sampling                instructions for submitting comments.                 mine rescue teams: (1) Ready
                                                and analysis;                                              (2) Electronic mail: zzMSHA-                       availability; (2) proper equipment at
                                                   (viii) Establishing security;                        comments@dol.gov. Include ‘‘RIN 1219–                 mine rescue stations; and (3) basic
                                                   (ix) Initiating an emergency mine                    AB56’’ in the subject line of the                     levels of skills and training. This
                                                evacuation;                                             message.                                              proposed rule would revise and update
                                                   (x) Contacting emergency personnel;                     (3) Facsimile: 202–693–9441. Include               MSHA’s existing standard in 30 CFR
                                                and                                                     ‘‘RIN 1219–AB56’’ in the subject line of              part 49 for mine rescue team equipment.
                                                   (xi) Communicating appropriate                       the message.                                          It is critical that mine rescue team
                                                information related to the emergency.                      (4) Regular Mail: MSHA, Office of                  members be provided with the latest in
                                                   (3) The operator shall certify by                    Standards, Regulations, and Variances,                protective equipment so they can safely
                                                signature and date after each                           1100 Wilson Boulevard, Room 2350,                     and effectively carry out their mission.
                                                responsible person has completed the                    Arlington, Virginia 22209–3939.
                                                training and keep the certification at the                 (5) Hand Delivery or Courier: MSHA,                Public Hearings
                                                mine for 1 year.                                        Office of Standards, Regulations, and                   MSHA will hold four public hearings
                                                *       *     *     *     *                             Variances, 1100 Wilson Boulevard,                     concerning the proposed rule. The
                                                [FR Doc. 07–4317 Filed 9–4–07; 12:30 pm]                Room 2350, Arlington, Virginia. Stop at               hearings will begin at 2 p.m. and will be
                                                BILLING CODE 4510–43–P                                  the 21st floor to sign in at the                      held as follows:

                                                                     Date                                                                    Location                                             Contact

                                                October 23, 2007, 2 p.m. to 6 p.m. ...........      Little America Hotel, 500 South Main Street, Salt Lake City, UT 84101 ..................   801–596–5700
                                                October 25, 2007, 2 p.m. to 6 p.m. ...........      Four Points by Sheraton Lexington, 1938 Stanton Way, Lexington, KY 40511 .......           859–259–1311
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                                                October 30, 2007, 2 p.m. to 6 p.m. ...........      Charleston Civic Center, West Virginia Room 105, 200 Civic Center Drive,                   304–345–1500
                                                                                                       Charleston, WV 25301.
                                                November 1, 2007, 2 p.m. to 6 p.m. .........        Sheraton Birmingham Hotel, 2101 Richard Arrington Boulevard, North, Bir-                   205–324–5000
                                                                                                       mingham, AL 35203.




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