Mine Safety and Health Administration (MSHA) - FedReg Doc. 06-2255

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Mine Safety and Health Administration (MSHA) - FedReg Doc. 06-2255 Powered By Docstoc
					                                                                                                                                 Thursday,
                                                                                                                                 March 9, 2006




                                                                                                                                 Part III

                                                                                                                                 Department of Labor
                                                                                                                                 Mine Safety and Health Administration

                                                                                                                                 30 CFR Parts 48, 50, and 75
                                                                                                                                 Emergency Mine Evacuation; Final Rule
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                                           12252                   Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Rules and Regulations

                                           DEPARTMENT OF LABOR                                              ADDRESSES:    Comments may be                               (2) MSHA: Comments must be clearly
                                                                                                            submitted by any of the following                         identified by RIN 1219–AB46 as
                                           Mine Safety and Health Administration                            methods:                                                  comments on the information collection
                                                                                                               • Federal eRulemaking Portal: http://                  requirements and transmitted either
                                           30 CFR Parts 48, 50, 75                                          www.regulations.gov. Follow the                           electronically to zzMSHA-
                                                                                                            instructions for submitting comments.                     Comments@dol.gov, by facsimile to
                                           RIN 1219–AB46                                                       • E-mail: zzMSHA-                                      (202) 693–9441, or by regular mail, hand
                                                                                                            Comments@dol.gov. Include the                             delivery, or courier to MSHA, Office of
                                           Emergency Mine Evacuation                                        Regulatory Information Number (RIN)                       Standards, Regulations, and Variances,
                                                                                                            for this rulemaking (RIN 1219–AB46 in                     1100 Wilson Blvd., Room 2350,
                                           AGENCY:  Mine Safety and Health                                  the subject line of the message.                          Arlington, Virginia 22209–3939.
                                           Administration, Labor.                                              • Fax: (202) 693–9441. Include RIN
                                           ACTION: Emergency Temporary                                      1219–AB46 in the subject line of the fax.                 FOR FURTHER INFORMATION CONTACT:
                                           Standard; Notice of public hearings;                                • Mail/Hand Delivery/Courier: Mine                     Robert Stone, Acting Director, Office of
                                           Notice of close of comment period.                               Safety and Health Administration,                         Standards, Regulations, and Variances,
                                                                                                            Office of Standards, Regulations, and                     MSHA, 1100 Wilson Boulevard, Room
                                           SUMMARY: The Mine Safety and Health                              Variances, 1100 Wilson Blvd., Room                        2350, Arlington, Virginia 22209–3939.
                                           Administration is issuing an emergency                           2350, Arlington, Virginia 22209–3939. If                  Mr. Stone can be reached at
                                           temporary standard under section                                 hand-delivered in person or by courier,                   Stone.Robert@dol.gov (Internet E-mail),
                                           101(b) of the Federal Mine Safety and                            please stop by the 21st floor first to                    (202) 693–9445 (voice), or (202) 693–
                                           Health Act of 1977 in response to the                            check in with the receptionist before                     9441 (facsimile).
                                           grave danger which miners are exposed                            continuing on to the 23rd floor.
                                                                                                               Instructions: All submissions must                     SUPPLEMENTARY INFORMATION:       The
                                           to during underground coal mine                                                                                            outline of this notice is as follows:
                                           accidents and subsequent evacuations.                            reference the MSHA and RIN 1219–
                                           The January 2006 mine accidents and                              AB46.                                                     I. Public Hearings
                                                                                                               Docket Access: To access comments                      II. Introduction
                                           fatalities demonstrate the need for the
                                                                                                            electronically, go to http://                             III. Basis for the Emergency Temporary
                                           Mine Safety and Health Administration                                                                                            Standard
                                           to take additional action that protects                          www.msha.gov/currentcomments.asp.
                                                                                                            All comments received will be posted                         A. Regulatory Authority
                                           miners from the grave danger that they                                                                                        B. Grave Danger
                                           face when they must evacuate a mine                              without change at this Web address,                       IV. Discussion of the Emergency Temporary
                                           after an emergency occurs. This                                  including any personal information                              Standard
                                           emergency temporary standard includes                            provided. Paper copies of the comments                       A. Background
                                           requirements for immediate accident                              may also be reviewed at the Office of                        B. General Discussion
                                           notification applicable to all                                   Standards, Regulations, and Variances,                       C. Section-by-Section Discussion
                                           underground and surface mines. In                                1100 Wilson Blvd., Room 2350,                             V. Executive Order 12866
                                                                                                            Arlington, Virginia. MSHA maintains a                        A. Population-at-Risk
                                           addition, this ETS addresses self-                                                                                            B. Benefits
                                                                                                            listserve on the Agency’s Web site that
                                           contained self-rescuer storage and use;                                                                                       C. Compliance Costs
                                                                                                            enables subscribers to receive e-mail
                                           evacuation training; and the installation                                                                                  VI. Feasibility
                                                                                                            notification when rulemaking
                                           and maintenance of lifelines in                                                                                            VII. Regulatory Flexibility Act and Small
                                                                                                            documents are published in the Federal
                                           underground coal mines.                                                                                                          Business Regulatory Enforcement
                                                                                                            Register. To subscribe to the listserve,                        Fairness Act (SBREFA)
                                           DATES: This emergency temporary                                  visit the site at http://www.msha.gov/                       A. Definition of a Small Mine
                                           standard is effective March 9, 2006. The                         subscriptions/subscribe.aspx.                                B. Factual Basis for Certification
                                           public hearings will be held on April                               Information Collection Requirements:                   VIII. Paperwork Reduction Act of 1995
                                           11, 2006, April 24, 2006, April 26, 2006,                        Comments concerning the information                          A. Summary
                                           and April 28, 2006 at the locations                              collection requirements must be clearly                      B. Details
                                           listed in the Public Hearings section                            identified as such and sent to both the                   IX. Other Regulatory Considerations
                                           below under SUPPLEMENTARY                                        Office of Management and Budget                           X. Emergency Temporary Standard—
                                           INFORMATION. If individuals or                                   (OMB) and MSHA as follows:                                      Regulatory text
                                           organizations wish to make an oral                                  (1) OMB: All comments must be sent                     I. Public Hearings
                                           presentation for the record, the Mine                            by mail addressed to the Office of
                                           Safety and Health Administration                                 Information and Regulatory Affairs,                         The public hearings will begin at 9
                                           (MSHA) is asking that you submit your                            Office of Management and Budget, New                      a.m. and end after the last scheduled
                                           request at least 5 days prior to the                             Executive Office Building, 725 17th                       speaker speaks (in any event not later
                                           hearing dates. The comment period will                           Street, NW., Washington, DC 20503,                        than 5 p.m.) on the following dates at
                                           close on May 30, 2006.                                           Attn: Desk Officer for MSHA; and                          the locations indicated:

                                                         Date                                                                          Location                                                                 Phone

                                           April   11,   2006   ............   Marriott Town Center, 200 Lee Street, East Charleston, WV 25301 .........................................................     304–345–6500
                                           April   24,   2006   ............   Sheraton Denver West Hotel, 360 Union Boulevard, Lakewood, CO 80228 .............................................             303–987–2000
                                           April   26,   2006   ............   Sheraton Suites, 2601 Richmond Road, Lexington, KY 40506 ..................................................................   859–268–0060
                                           April   28,   2006   ............   MSHA Conference Room, 25th Floor, 1100 Wilson Boulevard, Arlington, VA 22209 ...............................                  202–693–9440
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                                             The hearings will begin with an                                You do not have to make a written                         for persons making same-day requests.
                                           opening statement from MSHA,                                     request to speak. Speakers will speak in                  At the discretion of the presiding
                                           followed by an opportunity for members                           the order that they sign in. Any                          official, the time allocated to speakers
                                           of the public to make oral presentations.                        unallotted time will be made available                    for their presentation may be limited.



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                                                              Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Rules and Regulations                                        12253

                                           Speakers and other attendees may also                   agents determined to be toxic or                      clear that an ETS is not limited to new
                                           present information to the MSHA panel                   physically harmful, or to other hazards,              dangers in the mining industry: ‘‘That a
                                           for inclusion in the rulemaking record.                 and (B) that such emergency standard is               danger has gone unremedied should not
                                              The hearings will be conducted in an                 necessary to protect miners from such                 be a bar to issuing an emergency
                                           informal manner. The hearing panel                      danger.                                               standard. Indeed, if such is the case the
                                           may ask questions of speakers. Although                    2. A temporary mandatory health or                 need for prompt action is that much
                                           formal rules of evidence or cross                       safety standard shall be effective until              more pressing.’’ Id. at 24.
                                           examination will not apply, the                         superseded by a mandatory standard                       When issuing an ETS, MSHA is ‘‘not
                                           presiding official may exercise                         promulgated in accordance with the                    required to prove the existence of grave
                                           discretion to ensure the orderly progress               procedures prescribed in paragraph (3)                danger as a matter of record evidence
                                           of the hearing and may exclude                          of this subsection.                                   prior to taking action.’’ Id. The
                                           irrelevant or unduly repetitious material                  3. Upon publication of such standard               legislative history expressly recognizes
                                           and questions. A verbatim transcript of                 in the Federal Register, the Secretary                ‘‘the need to act quickly where, in the
                                           the proceedings will be prepared and                    shall commence a proceeding in                        judgment of the Secretary, a grave
                                           made a part of the rulemaking record.                   accordance with section 101(a), and the               danger to miners exists.’’ Id. The ETS is
                                           Copies of the transcript will be available              standards as published shall also serve               a critical statutory tool that MSHA can
                                           to the public. The transcript will also be              as a proposed rule for the proceeding.                use to take immediate action to prevent
                                           available on MSHA’s Home Page at                        The Secretary shall promulgate a                      the loss of life in the mines. MSHA
                                           http://www.msha.gov, under Statutory                    mandatory health or safety standard                   accordingly has employed an ETS
                                           and Regulatory Information.                             under this paragraph no later than nine               previously to order ‘‘hands-on’’ training
                                              MSHA will accept post-hearing                        months after publication of the                       for miners in the use of self-contained
                                           written comments and other appropriate                  emergency temporary standard as                       self-rescue (SCSR) devices, 52 FR 24373
                                           data for the record from any interested                 provided in paragraph (2).                            (June 30, 1987), and to order certain
                                           party, including those not presenting                      An ETS is an extraordinary measure                 training and mine evacuation
                                           oral statements. Written comments will                  provided by the Mine Act to enable                    procedures for underground coal mines,
                                           be included in the rulemaking record.                   MSHA ‘‘to react quickly to grave                      67 FR 76658 (December 12, 2002).
                                                                                                   dangers that threaten miners before
                                           II. Introduction                                        those dangers manifest themselves in                  B. Grave Danger
                                              This emergency temporary standard                    serious or fatal injuries or illnesses.’’ S.             In response to the recent accidents at
                                           (ETS) is issued in accordance with                      Rept. 181, 95th Cong., 1st Sess. 23                   the Sago Mine on January 2, 2006 and
                                           section 101(b) of the Federal Mine                      (1977). Additionally, ‘‘* * * once the                the Aracoma Alma No. 1 Mine on
                                           Safety and Health Act of 1977 (Mine                     Secretary has identified a grave danger               January 19, 2006, MSHA has
                                           Act), 30 U.S.C. 811. The ETS establishes                that threatens miners the Committee                   determined that new accident
                                           or revises standards in part 48—                        expects the Secretary to issue an                     notification, safety and training
                                           Training and retraining of miners; part                 emergency temporary standard as                       standards are necessary to further
                                           50—Notification, investigation, reports,                quickly as possible, not necessarily                  protect miners when a mine accident
                                           and records of accidents, injuries,                     waiting until [she] can investigate how               takes place. First, mine operators must
                                                                                                   well that grave danger is being managed               immediately notify MSHA within 15
                                           illnesses, employment and coal
                                                                                                   or controlled in particular mines.’’                  minutes after determining that an
                                           production in mines; part 75—subpart
                                                                                                   Senate Report at 24. An ETS takes effect              accident has occurred so that the
                                           D—Ventilation, §§ 75.380 and 75.381;
                                                                                                   upon publication in the Federal                       coordination of appropriate mine rescue
                                           Emergency Evacuations § 75.1502—
                                                                                                   Register, and is a fully enforceable                  or other emergency response can begin
                                           Mine emergency evacuation and
                                                                                                   standard.                                             as soon as possible. Such immediate
                                           firefighting program of instruction, and                   To assure the comprehensive                        notification will enable help to arrive
                                           subpart R—Miscellaneous, § 75.1714—                     protection of miners, the ETS authority               sooner at the mine, and protect miners
                                           Availability of approved self-rescue                    applies to all types of grave dangers                 from the grave dangers of physical
                                           devices; instruction in use and location.               without qualification. The legislative                injury and death. Immediate notification
                                              In accordance with section 101(b)(3)
                                                                                                   history of the Mine Act emphasizes that               of a mine accident to MSHA in
                                           of the Mine Act, this ETS will also serve
                                                                                                   ‘‘to exclude any kind of grave danger                 emergency situations enables the
                                           as the Agency’s proposed rule. The                                                                            District Manager to activate the
                                                                                                   would contradict the basic purpose of
                                           preamble discusses specific provisions                                                                        District’s emergency response plan.
                                                                                                   emergency temporary standards—
                                           that may be included in the final rule                                                                        Each Coal Mine Safety and Health
                                                                                                   protecting miners from grave dangers.’’
                                           and MSHA solicits comments on these                                                                           District and Metal/Nonmetal Safety and
                                                                                                   S. Rept. 181, 95th Cong., 1st Sess., 24
                                           provisions.                                                                                                   Health District have an emergency
                                                                                                   (1977). The ETS authority thus covers
                                           III. Basis for the Emergency Temporary                  dangers arising from exposure to toxic                response plan which provides for
                                           Standard                                                or physically harmful substances or                   MSHA personnel to perform specific
                                                                                                   agents and to ‘‘other hazards.’’ It applies           tasks, including the contacting of
                                           A. Regulatory Authority                                                                                       additional mine rescue teams if needed,
                                                                                                   to dangers longstanding or novel, to
                                             Section 101(b) of the Mine Act                        dangers that ‘‘result from conditions                 issuing a section 103(k) order at the
                                           provides that:                                          whose harmful potential has just been                 mine, directing MSHA inspectors to the
                                             1. The Secretary shall provide,                       discovered’’ or to which large numbers                mine site and initiating liaison with
                                           without regard to the requirements of                   of miners are ‘‘newly exposed.’’ Id.                  MSHA headquarters in Arlington,
                                           chapter 5, title 5, United States Code, for                A record of fatalities or serious                  Virginia. Mine operators who do not
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                                           an emergency temporary mandatory                        injuries is not necessary before an ETS               immediately notify MSHA of accidents
                                           health or safety standard to take                       can be issued because ‘‘[d]isasters,                  within the 15 minute time period
                                           immediate effect upon publication in                    fatalities, and disabilities are the very             increase the possibility of serious
                                           the Federal Register if [s]he determines                thing this provision is designed to                   physical injury or death to miners
                                           (A) that miners are exposed to grave                    prevent.’’ Id. at 23. At the same time, the           because assistance may not arrive
                                           danger from exposure to substances or                   legislative history of the Mine Act is                quickly enough. If the nature of the


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                                           12254              Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Rules and Regulations

                                           accident is such that additional mine                   instances, fires are started by                       No. 1 in Melville, West Virginia resulted
                                           rescue teams are needed (i.e., to conduct               spontaneous combustion. Moreover,                     in two fatalities for a total of 14 deaths
                                           rescue or recovery operations in                        when active mines are connected into                  of miners. While the MSHA accident
                                           irrespirable air), MSHA can help in                     previously mined out areas, there is also             investigations are not complete and
                                           procuring extra mine rescue teams who                   the risk of exposure to an oxygen                     accident reports have not been written,
                                           can provide assistance at the accident                  deficient atmosphere that can cause                   MSHA believes that the implementation
                                           site.                                                   asphyxiation. Finally, when mining                    of this ETS will fill a critical need to
                                              Miners working underground when a                    near other mined out areas, there can be              improve the ability of underground coal
                                           mine accident occurs must be able to                    a risk of water inundation.                           miners to evacuate a mine after a mine
                                           rapidly find lifesaving devices and use                    MSHA standards are designed to                     emergency occurs.
                                           those devices to help them prevent                      prevent these types of hazards from                      Even though the MSHA accident
                                           injury, evacuate the mine quickly, and                  developing into catastrophic mine                     investigation for the Sago mine is not
                                           save their lives. Access to these devices               accidents. However, the timing and                    yet complete, it is known that one crew
                                           and techniques for survival (including                  severity of mine accidents are                        successfully evacuated the mine. While
                                           storage locations of supplemental SCSRs                 unpredictable. When they occur,                       the members of the second crew that
                                           and more frequent training in their use,                immediate notification of MSHA by the                 survived the explosion donned SCSRs,
                                           lifelines, and proper training in mine                  mine operator and additional safeguards               they did not successfully evacuate the
                                           evacuations) is essential when a miner                  installed underground will help miners                mine. Similarly, at the Alma No. 1
                                           is underground and a mine fire,                         escape safely. MSHA intends that                      Mine, the MSHA accident investigation
                                           explosion, or other type of mine                        miners not required to respond to a                   is not yet complete. While all of the
                                           emergency happens. Use of these                         mine emergency should seek to                         twelve miners affected by the fire
                                           devices along with proper training will                 evacuate areas where accidents have                   donned SCSRs, only ten of them
                                           help miners quickly and safely escape                   occurred and leave the mine as quickly                successfully escaped. Two of the 12
                                           from an accident underground, and will                  as possible. This intent is consistent                miners in the area of the fire did not
                                           help prevent miners from suffering                      with existing paragraph (a) of 30 CFR                 successfully evacuate the mine. It is not
                                           injury and death immediately after the                  75.1502. These provisions require, first,             yet known what happened to prevent
                                           occurrence of a mine accident. The                      that the mine operator have procedures                those two miners from evacuating the
                                           current lack of available supplemental                  for mine emergency evacuations when                   mine with the others. MSHA believes
                                           SCSRs, the lack of training in deploying                emergencies present an imminent                       that the requirements implemented
                                           a supplemental SCSR in irrespirable                     danger to miners due to fire, explosion,              under this ETS would have provided
                                           mine atmospheres, and the lack of                       or gas or water inundation and, second,               the deceased miners with the tools and
                                           lifelines in both required underground                  that miners not required for a mine                   training needed for them to have had a
                                           coal mine escapeways present a grave                    emergency response must evacuate the                  better chance of completing a successful
                                           danger to miners when a fire, explosion,                mine.                                                 evacuation.
                                           or other mine emergency occurs.                            The Secretary has determined that
                                              Miners who do not have access to                                                                           B. General Discussion
                                                                                                   miners are exposed to grave danger
                                           additional SCSRs for escape and                         when a mine accident occurs and the                   1. Part 48—Training and Retraining of
                                           training in their deployment, and who                   mine operator does not immediately,                   Miners and Section 75.1502—Mine
                                           do not have lifelines installed in the                  that is, within 15 minutes, notify MSHA               Emergency Evacuation and Firefighting
                                           mine escapeways face a serious risk of                  about the accident. Delay in notification             Program of Instruction
                                           physical injury and death from the                      may slow down the arrival of mine                     a. Introduction
                                           hazards listed below.                                   rescue assistance and the arrival of
                                              Underground coal mines are dynamic                                                                            The best technology, equipment, and
                                                                                                   MSHA personnel who can provide                        emergency supplies are of little use if
                                           work environments where the working
                                                                                                   assistance at the mine site. The                      they are misused or not used at all.
                                           conditions change rapidly and
                                                                                                   Secretary has further determined that                 Emergencies can incite disorientation
                                           sometimes without warning. Diligent
                                                                                                   miners are exposed to grave danger                    and panic. Quality of judgment in how
                                           compliance with safety and health
                                                                                                   when a mine accident occurs and                       to proceed in a given emergency can be
                                           standards and safety conscious work
                                                                                                   miners do not have access to                          decisive for survival. Training is critical
                                           habits provide a substantial measure of
                                           protection against the occurrence of                    supplemental SCSRs for escape; prior                  for instilling the discipline, confidence,
                                           mine accidents and emergencies. While                   training, including drills, in deploying              and skill necessary to successfully
                                           MSHA has not yet determined the                         these supplemental SCSRs in                           escape and survive an emergency. The
                                           causes of the Sago and Alma mine                        irrespirable atmospheres; and lifelines               ETS enhances existing training
                                           accidents, in the high hazard                           to guide miners through the designated                requirements to help ensure that
                                           environment where coal miners work,                     escapeways to escape from the mine.                   underground coal miners can effectively
                                           the danger of a fire, explosion, or gas or              Without these devices and training,                   respond and ‘‘know the drill’’ to get out
                                           water inundation is always present.                     miners are exposed to grave danger                    of the mine alive.
                                           Methane gas or coal dust can be ignited                 because they are not prepared and                        This ETS modifies various provisions
                                           by a spark from electrical equipment,                   equipped to take action to safely escape              in §§ 48.5, 48.6, 48.8, 48.11, and
                                           resulting in an explosion. Fire can break               from the mine.                                        75.1502. These modifications provide a
                                           out on mining equipment, and can                        IV. Discussion of the Emergency                       more integrated training approach so
                                           rapidly spread to surrounding coal                      Temporary Standard                                    miners will have the skills to evacuate
                                           deposits. Fire may also start due to                                                                          a mine during an emergency. This
                                                                                                   A. Background
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                                           friction points becoming hot on or near                                                                       enhanced training approach requires
                                           conveyor belt systems and rollers                         During the month of January 2006, an                more frequent ‘‘hands-on’’ training and
                                           underground. Caved or mined out areas                   explosion at the Sago Mine in                         actual drills in evacuating the mine. In
                                           which contain coal and accumulated gas                  Tallmansville, West Virginia resulted in              this ETS, MSHA requires that all
                                           can be the locations for explosions                     12 fatalities, and a fire at the conveyor             persons, before entering an underground
                                           caused by rock falls, and in some                       belt drive at the Aracoma Alma Mine                   mine, have the skills to don and transfer


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                                                              Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Rules and Regulations                                        12255

                                           all SCSRs used in that mine. This ETS                   help shape the future of mine                         knowledge and skill diminish rapidly.
                                           includes a new provision in §§ 48.5,                    emergency preparedness.                               The U.S. Bureau of Mines, in a review
                                           48.6, 48.8, and 48.11 to provide the new                Representatives from two major labor                  of literature related to motor skill
                                           miner, newly hired experienced miner,                   unions expressed some doubt that,                     degradation (1993 BOM Bulletin 695),
                                           and visitors with ‘‘hands-on’’ training in              given the existing levels of training,                found that researchers are aware of this
                                           the transferring of self-rescue devices in              miners were prepared to escape with the               problem.
                                           addition to the required ‘‘hands-on’’                   use of SCSRs and that they were already                  After conducting the series of studies
                                           donning training.                                       familiar with escape routes. One of the               on donning proficiency, the U.S. Bureau
                                              Once a miner starts working in a                     recommendations for further action was                of Mines and University of Kentucky
                                           mine, this ETS requires that the actual                 that SCSR proficiency could be                        researchers also concluded in 1993 that
                                           ‘‘hands-on’’ training for donning and                   increased by integrating SCSR training                a better training system for donning
                                           transferring of self-rescue devices                     with evacuation and fire drills.                      SCSRs was needed (Vaught, et al.,
                                           becomes part of the actual evacuation                      To minimize problems and enhance a                 1993). The ‘‘3+3 donning’’ method
                                           drill required in § 75.1502. Because                    coal miner’s skill in handling                        improved donning proficiency, but did
                                           miners will now receive ‘‘hands-on’’                    emergency situations, this ETS includes               not eliminate the problem of skill
                                           SCSR training at least four times a year                additional training requirements. The                 degradation. In a field test for this
                                           as part of the evacuation drill required                new requirements increase the                         donning method, almost all of the
                                           under § 75.1502, they will not be                       frequency of SCSR training from                       persons who went through the program
                                           required to receive ‘‘hands-on’’ training               annually to within every 90 days and                  were able to successfully complete the
                                           as part of their annual refresher training              include hands-on training in the                      donning procedures. The ‘‘3+3
                                           under part 48. Also, included in these                  donning, use, and transfer of self-rescue             donning’’ method is a method of
                                           evacuation drills is the training in the                devices as part of the regular mine                   learning how to properly don an SCSR
                                           location and use of directional lifelines               emergency drills. These drills also will              and was developed by MSHA and
                                           or equivalent devices, mine emergency                   consist of locating the continuous                    NIOSH. The first ‘‘3’’ steps of the
                                           scenarios, and stored SCSRs. This ETS                   directional lifelines or equivalent                   method specifically train the user to
                                           requires the mine operator to have the                  devices and stored SCSRs. Finally, the                begin the donning routine by
                                           miners walk the escapeways and to                       ETS will allow a mine operator to use                 concentrating on the breathing zone.
                                           physically locate the lifelines and stored              the drills required under new paragraph               Those steps include activating the
                                           SCSRs instead of permitting a                           75.1502(c) to comply with the                         oxygen supply, inserting the
                                           simulation drill. Further, the ETS                      requirements for drills specified in                  mouthpiece and affixing the noseclips.
                                           permits the mine emergency evacuation                   existing § 75.383. In addition, the ETS               The second ‘‘3’’ steps involve
                                           drills in § 75.1502 to satisfy the                      permits the mine emergency evacuation                 adjustments to the unit’s goggles and
                                           evacuation practice drill requirements                  drills in § 75.1502 to satisfy evacuation             neck strap, and the miner’s hardhat.
                                           in § 75.383.                                            practice drill requirements in § 75.383.                 These studies further determined the
                                              Various provisions of §§ 48.5—                                                                             effectiveness of the ‘‘3+3’’ donning
                                           Training of new miners; minimum                         b. Research and Studies                               procedures and support a need for more
                                           courses of instruction; hours of                           MSHA has identified a number of                    frequent training, such as every 90 days.
                                           instruction; 48.6—Experienced miner                     research studies that support this ETS.               In this study, 88 miners were trained in
                                           training; 48.8—Annual refresher                         In 1990, researchers from the U.S.                    the ‘‘3+3’’ method until they could
                                           training of miners; minimum courses of                  Bureau of Mines (now the Office of                    proficiently don the SCSR. A week after
                                           instruction; hours of instruction; and                  Mine Safety and Health Research,                      receiving the training, 32 of these
                                           48.11—Hazard training are affected by                   National Institute for Occupational                   miners were randomly selected to test
                                           this ETS.                                               Safety and Health (NIOSH)) and the                    their SCSR donning skills. In this test,
                                              Since 1980, each miner working in an                 University of Kentucky concluded a                    most of the miners could still put on an
                                           underground coal mine has been                          series of studies related to SCSR                     SCSR proficiently. After 90 days,
                                           required to have access to an SCSR that                 donning proficiency and use in an                     another sample group was chosen for
                                           provides at least one hour of oxygen for                emergency. They looked at ‘‘the                       testing. In 90 days the proficiency rate
                                           escape from the mine during an                          procedures taught during the training,                dropped from 80 percent to about 30
                                           emergency. If an emergency arises,                      the use of any training models; the                   percent.
                                           many miners may have to escape                          opportunity to practice donning and                      The U.S. Department of Labor Office
                                           through long and difficult underground                  using the respirator; and on-the-job                  of Inspector General (OIG)
                                           travelways containing irrespirable air.                 training.’’ The researchers dismissed the             recommended that MSHA review the
                                              MSHA has identified problems                         notion that SCSRs were simple to don.                 frequency and type of training required
                                           related to skill degradation in the use of              They concluded that ‘‘companies                       to ensure that miners will be able to
                                           SCSRs in mine emergencies (described                    should adopt a hands-on training                      effectively use SCSRs in an emergency
                                           below in the discussion of research and                 protocol that allows them to integrate                (OIG, 1999).
                                           studies). This ETS reflects the Agency’s                SCSR donning practice into other                         Based on skills degradation research
                                           belief that more frequent SCSR training                 workplace routines such as fire [drills]’’            supporting additional self-rescue device
                                           is necessary. There is support in the                   (U.S. Bureau of Mines, 1993).                         training, the recommendation of the
                                           mining community for more frequent                         Another U.S. Bureau of Mines study                 Inspector General, and past experience
                                           training to improve the miner’s ability                 reported that a computer simulation                   where improved training might have
                                           to properly don the devices and retain                  showed that relative survival odds for                made a difference in an escape, MSHA
                                           these vital skills for longer periods of                different mines can vary by as much as                is increasing the frequency of training
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                                           time.                                                   30 percent and that this difference is                on SCSRs to within every 90 days. The
                                              For instance, MSHA sponsored a                       due to SCSR donning proficiency                       more frequent training, by reinforcing
                                           Mine Emergency Preparedness                             (Kovac, Vaught, and Brnich, 1990).                    skills, should substantially reduce
                                           Conference in January 1995 to provide                      MSHA recognizes that with any                      motor-skill degradation.
                                           a forum for members of the mining                       ‘‘nonroutine’’ task, such as donning and                 NIOSH has recently provided a
                                           community to share their insights and to                transferring of self-rescue devices,                  guidance document, Informational


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                                           12256              Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Rules and Regulations

                                           Circular 9481 (Fire Response                            SCSRs (Huntley, et al., 1984). MSHA                   are usually good for one hour, this
                                           Preparedness for Underground Mines)                     believes that better training, along with             means that miners must have the skill
                                           to the mining industry identifying                      a better location of stored SCSRs could               to transfer from one self-rescue device to
                                           training techniques that increase skill                 have resulted in a different outcome.                 another.
                                           levels of miners to deal with                           Improper training of donning and                         Based on incidents during these
                                           underground mine fires. An important                    transferring from one device to another,              recent mine emergencies and MSHA’s
                                           element in developing skills necessary                  as well as the use of FSRs in such an                 experience with other self-rescue device
                                           to react to emergencies is ‘‘hands-on’’                 environment, contributed to the severity              training related problems, additional
                                           training (NIOSH, 2005). This report                     of the disaster.                                      training in donning, using, and
                                           further identified fire drills required at                 Based on the findings at Wilberg,                  transferring self-rescue devices is
                                           90-day intervals as an important part of                MSHA issued an ETS in June 1987. The                  needed to protect miners. MSHA
                                           the mine emergency plan that helps                      1987 ETS required that all training in                believes that more frequent training in
                                           promote confidence in miners by                         the use of SCSRs include complete                     donning and using self-rescue devices is
                                           showing them how to handle an                           donning procedures. This training was                 needed to adequately protect miners.
                                           emergency situation. Another benefit of                 required for any person going                         The new and expanded training
                                           the drills the report identified is a test              underground for the first time and as                 requirements in this ETS increase the
                                           of how effective the mine emergency                     part of regularly scheduled annual                    donning frequency and emphasize the
                                           plan works.                                             refresher training required by part 48.               proper use of SCSRs.
                                                                                                      In another incident, during the escape                The ETS also enhances the
                                           c. Mine Emergency Incidents                             from a fire at the Mathies Mine in 1990,              requirements for evacuation drills by
                                              In addition to the research, several                 seven out of 18 miners removed their                  requiring these drills not be simulations,
                                           past incidents have highlighted                         SCSR mouthpieces in order to talk or get              but must involve physically traveling
                                           problems with self-rescue device                        more comfortable during the escape.                   from the working section, or the miner’s
                                           training in mine emergencies that                       Only seven miners donned their SCSRs                  work station, to the surface or the exits
                                           support the need for an integrated                      at the first sign of smoke. One miner                 at the bottom of the shaft or slope. These
                                           training approach for emergencies. A                    took his nose clip off during the escape.             drills include miners donning and
                                           particularly noteworthy example                         Another miner claimed that he could                   transferring self-rescue devices. MSHA
                                           occurred in 1984 when 27 miners lost                    not get enough oxygen from his SCSR                   requests comment about whether miners
                                           their lives in a fire at the Wilberg mine               (Kovac, Kravitz, et al., 1991). If any of             should be required to walk the
                                           in Orangeville, Utah. The final MSHA                    these persons had encountered a toxic                 escapeway rather than use mechanized
                                           accident investigation report states that,              atmosphere at the point when they                     transportation during the drills. The
                                           ‘‘No apparent attempt was made by the                   removed their protection, they might                  drills are to take place at intervals of not
                                           miners in 5th right panel to obtain a                   have died.                                            more than 90 days. This more frequent
                                           SCSR after the first notification of the                   Also, in November 1998, during the                 retraining represents a distinct
                                           fire and prior to smoke arriving on the                 escape from the Willow Creek Mine                     improvement over current requirements
                                           section.’’ Also, after retrieving their                 Fire, the two miners that used SCSRs                  for annual training.
                                           SCSR devices, some of the miners                        had difficulty starting the oxygen flow
                                                                                                   of their devices and removed the                      2. Immediate Notification
                                           carried them for a distance before
                                           donning them. Had the miners                            mouthpieces prior to reaching the main                   This ETS modifies § 50.10—
                                           immediately gone to the stored SCSRs                    fresh airway. If the carbon monoxide in               Immediate notification. Existing § 50.10
                                           when notified of the fire and donned the                the mine atmosphere had been higher,                  requires that, if an accident (as defined
                                           SCSRs, they would have greatly                          the miners that removed their                         in paragraph (h) of § 50.2) occurs, the
                                           increased their ability to escape from                  mouthpieces would likely have died. In                operator must immediately contact
                                           the fire and exit the mine.                             situations where miners remove the                    MSHA. While the basic notification
                                              The MSHA investigators reviewed                      mouthpiece prematurely, additional                    requirement in existing § 50.10 is
                                           each miner’s activities after they were                 training will increase knowledge for                  straightforward, precisely what
                                           warned of the fire. The report found                    continuing to use the self-rescue device              constitutes ‘‘immediately contact’’ is not
                                           ‘‘the actions of the victims in obtaining               until escaping into fresh air (Kravitz,               addressed. The Federal Mine Safety and
                                           and using self-rescue devices indicate                  1991).                                                Health Review Commission
                                           many were not sufficiently instructed to                   The recent Sago and Alma Mine                      (Commission) has observed that
                                           be considered adequately trained in the                 accidents convince MSHA that the                      ‘‘immediately’’ is a term of common
                                           use of the self-rescue devices.’’ Each of               general situation in underground coal                 usage but that the application of the
                                           the 27 miners had an FSR (filter self-                  mines is such that additional training                current requirement must be evaluated
                                           rescuer). Four miners wearing FSRs                      must be immediately instituted. In any                on a case-by-case basis. The ETS defines
                                           walked past stored SCSRs in their                       mine accident, if the miners wait to see              ‘‘immediately’’ to mean at once without
                                           attempt to escape. They died from lack                  or smell smoke before donning their                   delay and within 15 minutes.
                                           of oxygen. Three other miners attempted                 SCSRs it may be too late. In the Sago                    MSHA was not notified of the Sago
                                           escape with only an FSR and were                        accident, still under investigation, a                Mine accident until approximately two
                                           overcome by carbon monoxide. Six                        miner or miners may not have donned                   hours after the occurrence of the
                                           miners first attempted to use their FSRs                an SCSR because, in the absence of                    accident. While that delay is under
                                           and then switched to their SCSRs. Four                  smoke, they may have believed the air                 investigation and it is unclear whether
                                           apparently died due to improper                         was safe to breathe. Training must                    the delay played any role in the
                                           donning, removing the mouthpiece, or                    successfully convey not only how, but                 fatalities due to the high levels of
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                                           switching from the FSR to the SCSR.                     also when self-rescue devices must be                 methane and carbon monoxide which
                                           One miner used three SCSRs and almost                   used in emergency situations. Also, the               prevented immediate entry by rescuers,
                                           made it to fresh air; however, he                       Sago tragedy points to the necessity of               the lack of timely notification of an
                                           removed his SCSR prematurely. The rest                  increased availability of SCSRs so that               accident can play a lethal role resulting
                                           of the deceased miners had not                          miners can survive in toxic air for more              in grave consequences for miners caught
                                           attempted to use either the FSRs or                     than one hour. As self-rescue devices                 underground in a mine emergency. In


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                                           light of the Sago accident, MSHA                        that MSHA consider an additional                      threatening contaminants in the mine
                                           reviewed the violation and case history                 requirement for the installation of                   atmosphere.
                                           for § 50.10. There have been a number                   lifelines in all escapeways, not just                    Contaminated air in underground coal
                                           of cases where operators failed to                      alternate escapeways in return air                    mines is usually the result of an
                                           immediately contact MSHA, were cited                    courses at mines using belt air. These                explosion or mine fire which is an ever-
                                           and ordered to pay a penalty after                      commenters maintained that, due to the                present threat in that inherently
                                           contesting the citations before the                     lack of visibility, lifelines were                    dangerous environment. For example, in
                                           Commission.                                             necessary to escape a smoke-filled                    January 2006, the explosion at the Sago
                                              Operator notification to MSHA in the                 atmosphere.                                           Mine and the mine fire at the Aracoma
                                           event of a mine accident is vital to                       Overall, the commenters to the belt air            Alma No. 1 Mine filled the atmosphere
                                           enable the Agency to effectively respond                rule stated that lifelines could be useful            at both mines with smoke and other
                                           in emergency or potentially life                        in helping miners escape to the surface               contaminants. In addition to smoke, the
                                           threatening situations. Notification                    of the mine when smoke-filled                         contaminated air at both of these mines
                                           alerts the Agency so that accident                      atmospheres are present. After further                contained carbon monoxide, methane,
                                           investigations and assistance to trapped                review of the petitions for modifications             carbon dioxide, and other products of
                                           or injured miners can be initiated.                     previously granted to allow the use of                combustion. This contaminated air may
                                           MSHA is particularly concerned that                     belt air, reviewing the comments on                   have also contained chlorine; hydrogen
                                           failure to immediately notify the Agency                lifelines, and researching state                      cyanide; isocyanates; oxides of nitrogen;
                                           of mine emergencies can cost lives by                   regulations regarding lifelines, MSHA                 and sulfur. Such contaminants are more
                                           delaying rescue services. In defining                   agreed with the commenters that                       complex and potentially more harmful
                                           ‘‘immediately,’’ the ETS emphasizes the                 lifelines can aid in escape during                    than the ordinary combustion products
                                           urgency of notification and makes it                    emergency situations, especially in                   of coal fires. The contaminants are the
                                           clear to mine operators what is expected                instances of reduced visibility due to                result of a wide variety of materials that
                                           of them.                                                smoke. In heavy smoke, a miner can                    are usually present in the mine, such as
                                                                                                   easily become disoriented and cannot                  rubber conveyor belts, plastics,
                                           3. Escapeways in Underground Coal
                                                                                                   determine the proper direction for                    polyurethane, insulation, combustible
                                           Mines
                                                                                                   escape. A directional lifeline gives the              liquids including hydraulic fuels and
                                              MSHA has included new provisions,                                                                          lubricants, and cable coverings.
                                           new paragraph (d)(7) under § 75.380 and                 miner added safety by directing the
                                                                                                                                                         Depending on the nature of the material
                                           new paragraph (c)(5) under § 75.381,                    miner through the smoke-filled entries
                                                                                                                                                         exposed to the fire or heat, very
                                           that require the use of directional                     to safety. As a result of the ‘‘belt air’’
                                                                                                                                                         complex and toxic decomposition
                                           lifelines in both the primary and                       rulemaking, the Agency included
                                                                                                                                                         products can result. The combination of
                                           alternate escapeways. MSHA believes                     paragraph (n) of § 75.380 and required
                                                                                                                                                         contaminants can be more hazardous
                                           that this new rule provides greater                     the use of lifelines in alternate
                                                                                                                                                         than the individual contaminants alone.
                                           protection than any existing state                      escapeways located in return air courses                 MSHA’s records show that 56
                                           requirements. A directional lifeline is                 in mines using belt air (69 FR 17480).                underground coal mine fires, with a
                                           most likely a rope made of durable                         Three states, Kentucky, West Virginia,             duration greater than 30 minutes, and
                                           material, though it could also be an                    and Virginia have required lifelines in               five explosions have been reported to
                                           equivalent device, such as a pipe or                    underground coal mines                                MSHA during the ten-year period from
                                           handrail; marked with a reflective                      (Ky.Rev.Stat.Ann. § 352.135; W.Va.                    February 1, 1996 to February 1, 2006.
                                           material every 25 feet; located in such                 Code § 22A–2–60, paragraph (b); Va.                   During that same period explosions
                                           a manner for miners to use effectively to               Code § 45.1–161.166, paragraph (b)) for               resulted in the deaths of 31 coal miners,
                                           escape; and have directional indicators,                many years. These state statutes require              and fires resulted in two deaths.
                                           signifying the route of escape, placed at               the use of directional durable lifeline               Although mine fires that last less than
                                           intervals not exceeding 100 feet. The                   cords; either in the primary or alternate             30 minutes do not have to be reported
                                           1994 Final Report of the Department of                  escapeway.                                            to MSHA, the Agency has anecdotal
                                           Labor’s Advisory Committee on the Use                   4. The Need for Additional Self-                      reports that such fires commonly occur.
                                           of Air in the Belt Entry to Ventilate the               Contained Self Rescuers                               Mine fires, ignitions, and explosions,
                                           Production (Face) Areas of Underground                                                                        regardless of duration, can present a
                                           Coal Mines and Related Provisions                          MSHA has included new § 75.1714–4                  grave potential hazard to underground
                                           (Advisory Committee) recommended                        requiring the mine operator to provide                coal miners due to the thick smoke,
                                           the installation and maintenance of                     at least one additional self-contained                toxic atmosphere, and limited visibility
                                           lifelines in all underground coal mines,                self rescuer (‘‘SCSR’’) that provides                 that often results from these events.
                                           whether belt air was in use at the mine                 protection for a period of 1 hour or                     In addition to reportable coal mine
                                           or not.                                                 longer to cover the maximum number of                 fires, operators have reported numerous
                                              The Advisory Committee                               persons in an underground coal mine.                  unplanned ignitions of methane. During
                                           recommendation specified that lifelines                 Since 1980, each person working in an                 the ten-year period from February 1,
                                           had to clearly designate the route of                   underground coal mine has been                        1996 to February 1, 2006, the coal
                                           escape. Discussion in the Advisory                      required to have immediate access to an               mining industry reported approximately
                                           Committee’s report suggested the use of                 SCSR. SCSRs are devices which aid in                  650 ignitions. Each of these ignitions
                                           directional cones to increase the                       the escape from mine fires, explosions,               had the potential to result in a mine fire
                                           effectiveness of lifelines. MSHA                        and other incidents where an                          or explosion which would release
                                           solicited information from the public                   irrespirable mine atmosphere is present.              hazardous or life threatening
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                                           concerning the use and maintainability                  An SCSR is a closed-circuit breathing                 contaminants into the mine atmosphere.
                                           of lifelines in the belt air proposed rule              device that contains an independent                      Potentially explosive methane is
                                           (64 FR 17480). Many commenters,                         supply of oxygen. Because SCSRs                       naturally present in underground coal
                                           including NIOSH, commented that                         function in a closed circuit, they enable             mines and can ignite when an ignition
                                           lifelines can improve the likelihood of                 persons to breathe clean air in the                   source is present. Combustible dusts,
                                           escape from mine fires and suggested                    presence of hazardous or life-                        including material brought into a mine,


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                                           12258              Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Rules and Regulations

                                           can smolder and eventually catch fire                   readily available, the chance of survival                MSHA will accept as good faith
                                           when near a source of heat. There are                   during an emergency or accident is                    evidence of compliance, purchase
                                           numerous ignition sources present                       greatly diminished.                                   orders or contracts to buy lifelines or
                                           underground. For example, belt lines,                      To further assist all miners to                    SCSRs. MSHA will work with lifeline
                                           trolley wires, roof falls, diesel powered               evacuate the mine safely, in addition to              and SCSR manufacturers to facilitate
                                           equipment, battery operated equipment,                  the SCSR that is now required by the                  implementation of these ETS
                                           charging stations, and other forms of                   existing standards, this new section                  requirements and encourage
                                           electrical equipment are prevalent                      requires the mine operator to provide at              manufacturers to provide realistic
                                           underground and can be the source of                    least one additional SCSR for each                    delivery dates. MSHA expects that mine
                                           an ignition. In addition, coal can                      person who is underground. The                        operators will have purchase orders or
                                           undergo spontaneous combustion and                      additional SCSR will provide protection               contracts completed within 30 days of
                                           burn.                                                   for a period of one hour or longer to                 the effective date of this ETS.
                                              In 1998, MSHA inspectors conducted                   cover the maximum number of miners                    Installation of such equipment must be
                                           a self-rescue device survey at each                     in the mine. Thus, each miner or person               completed as soon as possible after
                                           underground coal mine to determine the                  underground will have the SCSR that is                delivery.
                                           type and quantity of self-rescue device                 traditionally carried with him or her                    No later than 2 weeks after receiving
                                           protection used in the coal mining                      and an additional SCSR device readily                 approval for the part 48 training plan
                                           industry. As part of this survey, the                   accessible. The requirement for                       modification, the operator must train in
                                           inspectors collected information about                  additional SCSRs will greatly enhance                 accordance with the newly revised plan.
                                           escape conditions, such as the height of                the ability of all miners to safely exit                 The ETS adds new paragraph (d) to
                                           the escapeways and the distance from                    from the mine in an accident or                       § 75.1502 to require each underground
                                           the working sections to the surface or                  emergency. Further, all miners not                    coal operator, subject to the Emergency
                                           designated safe location. Based on the                  required to respond to the mine                       Temporary Standard effective March 9,
                                           mine height and distance data obtained                  emergency will be encouraged to                       2006, to submit for approval a revised
                                           from this survey, MSHA concluded that                   evacuate knowing that an additional                   program of instruction to the
                                           there were approximately 234 coal                       supply of oxygen is available. This                   appropriate District Manager no later
                                           mines where it would take miners more                   result is consistent with MSHA’s intent               than April 10, 2006. Within 2 weeks of
                                           than one hour to reach the surface. In                  that miners not needed to respond to the              program approval the operator must
                                           addition, in 76 of the 234 coal mines,                  mine emergency, evacuate the mine as                  train in accordance with the revised
                                           miners would require more than two                      quickly as possible. For those mines                  program. This change is consistent with
                                           hours of travel time to reach the surface.              where the one required SCSR plus one                  the requirement for submitting a revised
                                           Existing § 75.1714 only requires that                   additional required SCSR are not                      plan under new paragraph (p) of § 48.3.
                                           each miner and visitor to an                            adequate to provide enough oxygen to                     MSHA acknowledges that there may
                                           underground coal mine be supplied                       all persons for a safe evacuation, the                be a delay in the ability of mine
                                           with one SCSR that is adequate to                       mine operator will provide additional                 operators to train miners on transferring
                                           provide protection from contaminated                    SCSRs in the primary and alternate                    from one SCSR to another SCSR since
                                           air for one hour or longer. The results                 escapeways under an ‘‘outby SCSR                      SCSR training units may not be
                                           of MSHA’s 1998 survey show that there                   storage plan.’’                                       available. Otherwise, MSHA expects
                                           is a need to have SCSR devices, in                                                                            mine operators to comply with all of the
                                                                                                   5. Timeframe for Implementation
                                           addition to the single SCSR device                                                                            training requirements. For instance,
                                           required by existing § 75.1714, stored in                  This ETS is effective immediately.
                                                                                                                                                         SCSR donning can be included with the
                                           the mine so that all miners would have                  However, various new provisions will
                                                                                                                                                         mine emergency drills and the drills
                                           an air supply sufficient to safely exit the             require that the mine operator develop
                                                                                                                                                         themselves can include traveling the
                                           mine in the event of an accident or                     new plans or purchase new equipment.
                                                                                                                                                         primary or alternate escapeway, from
                                           emergency.                                              This section of the preamble explains
                                                                                                                                                         the working section or the miner’s work
                                              While some miners were able to                       the implementation of this ETS.
                                                                                                      A new paragraph (p) is added to                    station, to the surface or the exits at the
                                           successfully don and escape the mine
                                                                                                   § 48.3 requiring the mine operator to                 bottom of the shaft or slope. Also,
                                           using their SCSR after the explosion at
                                                                                                   submit a revised training plan under                  miners can be taught the correct actions
                                           the Sago Mine and the mine fire at the
                                                                                                   part 48 to the appropriate District                   to take based on different mine
                                           Aracoma Alma No. 1, other miners
                                                                                                   Manager for approval no later than April              emergency scenarios which would
                                           equipped with only one SCSR did not
                                                                                                   10, 2006. The operator must train in                  require the miner to immediately don a
                                           safely evacuate the mines, which were
                                                                                                   accordance with the revised training                  self-rescue device.
                                           filled with thick, smoky, contaminated
                                           air. An explosion or mine fire creates a                plan within 2 weeks of plan approval.                 C. Section-by-Section Discussion
                                           thick, smoke-filled atmosphere in the                   This provision is consistent with the
                                           mine which hampers a miner’s ability to                 new paragraph 75.1502(d) requiring a                  1. Part 48—Training and Retraining of
                                           quickly evacuate because miners may                     revised program of instruction.                       Miners
                                           panic or become disoriented. If an                         The underground coal operator must                   The ETS makes a number of non-
                                           accident occurs or an emergency arises,                 submit to the District Manager for                    substantive organizational changes to
                                           such as the recent Sago mine explosion                  approval a revised training plan for part             clarify existing provisions or to
                                           or the Alma No. 1 Mine fire, miners may                 48 and a revised program of instruction               accommodate new or moved provisions.
                                           have to escape through long and                         for § 75.1502 to incorporate the ETS-                 These non-substantive changes retain
                                           difficult underground travelways                        required changes by April 10, 2006.                   the substantive requirements in existing
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                                           containing irrespirable air. During an                  Although equipment required by                        standards. Non-substantive changes to
                                           accident or emergency requiring                         paragraphs 75.380(d)(7) and                           30 CFR part 48 include:
                                           evacuation through a hazardous                          75.381(c)(5), and § 75.1714–4, may not                  Organizational changes to existing
                                           environment, SCSRs are the last line of                 be available immediately, any new or                  paragraphs 48.5(b)(2), 48.6(b)(12),
                                           defense for any miner in the mine. If an                revised training plan and program must                48.8(b)(8), and 48.11(a)(4) by adding a
                                           adequate number of SCSRs is not                         address training for this equipment.                  separate listing for training in donning


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                                           (paragraph i) and new training in                       ‘‘hands-on’’ practice in transferring from            MSHA believes that regular and
                                           transferring self-rescue devices                        self-rescue device to self-rescue device.             frequent participation in the emergency
                                           (paragraph ii).                                         This change parallels changes in 30 CFR               evacuation drills will reinforce the
                                              Adding the term ‘‘hands-on’’ to the                  part 75 requiring all persons in an                   miners’ knowledge and skill for
                                           detailed description of Self-Rescue and                 underground coal mine to have at least                responding appropriately to a mine
                                           Respiratory Devices training in existing                one additional self-rescue device                     emergency and lessen the disorientation
                                           §§ 48.5, 48.6, and 48.11, and paragraph                 available for escape during a mine                    and panic that may cause the miner to
                                           48.8(b)(8). This further clarifies the                  emergency. It also ensures that new or                make wrong decisions.
                                           SCSR training requirements and is                       newly employed experienced coal                          MSHA chooses to require the new or
                                           consistent with the new provision on                    miners have the skill to not only use a               experienced underground coal miner’s
                                           transferring from self-rescue device to                 self-rescue device, but also to transfer              participation in the evacuation drills
                                           self-rescue device.                                     from self-rescue device to self-rescue                under the requirements in 30 CFR part
                                                                                                   device, before they begin work                        75 rather than as part of the initial
                                           a. Section 48.3—Training Plans; Time of
                                                                                                   underground. They may need this skill                 training under 30 CFR part 48. Initial
                                           Submission; Where Filed; Information
                                                                                                   if a mine emergency occurs before they                miner training is reinforced by the
                                           Required; Time for Approval; Method
                                                                                                   are able to participate in a mine                     experience of traveling the escapeways
                                           for Disapproval; Commencement of                                                                              to the surface or bottom of a shaft or
                                                                                                   emergency evacuation drill. This added
                                           Training; Approval of Instructors                                                                             slope, and physically locating
                                                                                                   requirement enhances protection for
                                              A conforming change is made to                       miners. This training is critical and it is           directional lifelines or equivalent
                                           existing paragraph (a) to include the                   important that the training models used               devices and stored SCSRs. This added
                                           exception of the new paragraph (p). The                 for the donning and transferring                      requirement increases protection for
                                           language now reads, ‘‘[e]xcept as                       exercises are the same type(s) and                    miners because the frequency of drills is
                                           provided in paragraphs (o) and (p) of                   model(s) of self-rescue devices in use at             increased from one time per year under
                                           this section, each operator of an                       that mine.                                            this part to four times per year under
                                           underground mine shall have an MSHA                        2. Mine map; escapeways; emergency                 § 75.1502 and ensures that miners
                                           approved plan containing programs for                   evacuation; barricading: Paragraphs                   receive training at the next underground
                                           training new miners, training                           48.5(b)(5) and 48.6(b)(5).                            drill.
                                           experienced miners, training miners for                    This ETS also amends paragraphs
                                                                                                   48.5(b)(5) and 48.6(b)(5) by adding a                 c. Section 48.8—Annual Refresher
                                           new tasks, annual refresher training,
                                                                                                   reference to the requirements for                     Training of Miners; Minimum Courses
                                           and hazard training for miners as
                                                                                                   emergency evacuation plans in existing                of Instruction; Hours of Instruction
                                           follows:’’.
                                              A new paragraph (p) is added to this                 paragraph 75.1502(a) for underground                     Underground coal miners will receive
                                           section requiring the mine operator to                  coal mines and § 57.11053 for                         refresher training on their SCSR skills at
                                           submit a revised training plan under                    underground metal and nonmetal                        least every 90 days because this ETS
                                           this part 48. This revised plan shall be                mines. The existing requirements for the              adds the requirement for ‘‘hands-on’’
                                           submitted to the appropriate District                   initial training of miners requires a                 SCSR training during the drills required
                                           Manager for approval no later than April                review of the mine map, escapeway                     by § 75.1502. For this reason, the
                                           10, 2006. Within 2 weeks of plan                        systems, and the mine emergency                       requirement for training in donning self-
                                           approval, the operator must train miners                evacuation plans in effect at the mine.               rescue devices under existing paragraph
                                           in the new training plan requirements.                  Referencing the appropriate standards                 48.8(b)(8) is being modified to included
                                           This provision is consistent with the                   allows MSHA to incorporate the added                  transferring from one self-rescue device
                                           new provision for a revised program of                  and expanded ETS requirements in                      to another device for underground coal
                                           instruction for paragraph 75.1502(d)                    existing paragraph 75.1502(a), including              miners. New language in this section
                                           with a revised training plan.                           scenarios and actual practice, into the               allows underground coal miners to
                                                                                                   initial training of coal miners without               satisfy the requirements of new
                                           b. Section 48.5—Training of New                         affecting the training program for metal              paragraphs 48.8(b)(8)(i) and (ii) by
                                           Miners; Minimum Courses of                              and nonmetal miners. This added                       participating in the emergency
                                           Instruction; Hours of Instruction and                   requirement improves protection for                   evacuation drills required by § 75.1502.
                                           Section 48.6—Experienced Miner                          miners by requiring scenarios to be                   This added requirement enhances
                                           Training                                                developed and used in the actual                      protection for miners because it
                                              This ETS makes identical changes to                  quarterly drills. This will give miners               increases the frequency of training.
                                           § 48.5—Training of new miners;                          better information to prepare them to
                                                                                                                                                         d. Section 48.11—Hazard Training
                                           minimum courses of instruction; hours                   successfully evacuate the mine. The
                                           of instruction, and § 48.6—Experienced                  requirements in this ETS only apply to                   This ETS adds a new requirement for
                                           miner training. These changes are                       underground coal mines because only                   ‘‘hands-on’’ training in transferring from
                                           necessary to conform and align the                      underground coal mines are required to                self-rescue device to self-rescue device
                                           training requirements in 30 CFR part 48                 provide all persons with SCSR devices.                to the existing requirement for donning
                                           with the emergency evacuation and                          3. Participation in evacuation drills:             a self-rescue device in paragraph (a)(4)
                                           related requirements being added to 30                  New paragraphs 48.5(e) and 48.6(f).                   of existing § 48.11. It also identifies the
                                           CFR part 75. These regulatory changes                      This ETS also amends § 48.5 and                    donning requirement as paragraph
                                           do not reduce protection for miners.                    § 48.6 by adding new identical                        (a)(4)(i) and the transfer requirement as
                                              1. Self-Rescue and Respiratory                       paragraphs 48.5(e) and 48.6(f) requiring              paragraph (a)(4)(ii). This additional
                                           Devices: Paragraphs 48.5(b)(2) and                      new or newly employed experienced                     requirement reinforces MSHA’s belief
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                                           48.6(b)(12).                                            coal miners to participate in the next                that all miners and visitors need to
                                              Specifically, MSHA is amending                       drill as required in existing paragraph               know how to transfer from one self-
                                           paragraphs 48.5(b)(2) and 48.6(b)(12) by                75.383(b) or newly amended paragraph                  rescue device to another. This added
                                           including language that the complete                    75.1502(c), whichever occurs first. This              requirement enhances protection for
                                           donning of self-rescue devices must                     will ensure that newly hired miners will              miners or visitors. The ETS does not
                                           include a requirement for actual                        be included in the next drill at the mine.            change the existing requirement that all


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                                           12260              Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Rules and Regulations

                                           miners and visitors receive training in                 is reached, the agency is notified.                   condition at a particular place. Each
                                           the donning of all types of SCSRs.                      Alternatively, the MSHA Headquarters                  episode of flame or smolder may have
                                                                                                   800 toll-free line has a 24 hour, 7 day               been extinguished within 30 minutes.
                                           2. Part 50—Notification, Investigation,
                                                                                                   per week answering protocol so that                      The Agency is concerned that such
                                           Reports, and Records of Accidents,
                                                                                                   once the call is placed, the agency is                events may represent a serious or
                                           Injuries, Illnesses, Employment, and                    notified.                                             potentially serious hazard, and should
                                           Coal Production in Mines                                   MSHA reviewed contest cases                        be reported as an ‘‘accident’’ and subject
                                           Section 50.10—Immediate Notification                    concerning § 50.10, and the Agency’s                  to the immediate notification
                                              The ETS incorporates a definitive                    enforcement experience, to determine                  requirement of § 50.10. It was reported
                                           standard into § 50.10 of what is meant                  why some mine operators may not                       in the press that there had been a fire
                                           by ‘‘immediately contact.’’ The ETS                     immediately notify the Agency. One                    previously at the same spot along the
                                           provides that the contact is to be done                 reason is that the notification is made               beltline at the Aracoma Alma No. 1
                                                                                                   only after being processed through a                  Mine and that the belt had been
                                           ‘‘at once without delay.’’ These terms
                                                                                                   chain of command at the mine. Another                 ‘‘running hot for days’’ before the fire
                                           reflect the ordinary meaning of
                                                                                                   reason is a tendency to try to take care              that caused the fatalities on January 23,
                                           ‘‘immediately’’ and are taken from
                                                                                                   of an incident before it becomes a                    2006. MSHA is considering revising the
                                           definitions found in Webster’s Third
                                                                                                   reportable accident. Yet another reason               definition under existing paragraph
                                           New International Dictionary
                                                                                                   may be grounded in the very human                     (h)(6) of § 50.2 in the final rule after
                                           (Unabridged)(1986 ed.) and the Random
                                                                                                   propensity to focus exclusively on                    considering comments submitted about
                                           House Dictionary of the English
                                                                                                   evacuation and mine emergency                         this definition. MSHA invites comments
                                           Language (Unabridged)(2d ed. 1987). In
                                                                                                   response in the wake of a mine                        on whether a revision, for example,
                                           discussing the meaning of
                                                                                                   emergency. Taking too much time to                    should cover all unplanned
                                           ‘‘immediately,’’ the Commission has                     determine whether, in fact, an accident
                                           cited these dictionary sources. See, e.g.,                                                                    underground mine fires, or all
                                                                                                   occurred which would trigger                          unplanned underground fires of
                                           Consolidation Coal Co., 11 FMSHRC 14                    notification to MSHA, is another reason.
                                           1935 at 1938 (October 31, 1989). The                                                                          particular types, duration or
                                                                                                   Yet another reason is ignorance of the                occurrences at particular locales. MSHA
                                           ETS further specifies that the                          law. The ETS is intended to impress
                                           notification must be done ‘‘within 15                                                                         solicits comments on whether and how
                                                                                                   upon mine operators that notification is              the definition of ‘‘accident’’ in
                                           minutes.’’ This sets a maximum time                     urgent and must be made a priority.
                                           within which the contact must be made.                                                                        paragraph 50.2(h)(6) should be revised
                                                                                                   Therefore, the ETS enhances protection                to accurately take into account the fire
                                           MSHA believes that 15 minutes is a                      to miners, and certainly does not reduce
                                           reasonable time to access a telephone or                                                                      hazards that miners face.
                                                                                                   that protection.
                                           other means of communication and                           The ETS does not change the basic                  3. Part 75—Mandatory Safety
                                           place a contact call to the Agency.                     interpretation of § 50.10. By the terms of            Standards—Underground Coal Mines
                                           Fifteen minutes or a quarter of an hour                 the provision, an operator is required to
                                           is a concept that is easily remembered                                                                        a. Section 75.350—Belt Air Course
                                                                                                   notify MSHA only after determining                    Ventilation
                                           even in times of stress. To comply with                 whether an ‘‘accident’’ as defined in
                                           the ETS then, an operator must act right                existing paragraph 50.2(h) has occurred.                 A conforming change is made to
                                           away as circumstances permit and such                   This affords operators a reasonable                   existing paragraph (b) of § 75.350 by
                                           action must take place within 15                        opportunity to investigate an event prior             removing paragraph (b)(7) since existing
                                           minutes.                                                to notifying MSHA. That is, mine                      paragraph 75.380(n) is also being
                                              The 15 minute time period begins                     operators may make reasonable                         removed. This change enhances safety
                                           when the mine operator determines that                  investigative efforts to expeditiously                protection for miners since lifelines will
                                           an accident has occurred. MSHA is                       reach a determination. In that way an                 now be required not only in the return
                                           aware, however, that there are                          operator is responsible for immediately               entries when used as alternate
                                           occasions, especially immediately after                 notifying MSHA about those accidents                  escapeways; but in all primary and
                                           an explosion or fire, when mine                         that the operator knows or should know                alternate escapeways.
                                           communications may be lost and it may                   about. Thus § 50.10, in the words of the
                                           take some time to re-establish contact                                                                        b. Section 75.380—Escapeways,
                                                                                                   Commission, ‘‘[s]hould be carried out in              Bituminous and Lignite Mines and
                                           and communicate that an accident has                    good faith and without delay, and in
                                           occurred. The ETS recognizes that such                                                                        Section 75.381—Escapeways;
                                                                                                   light of the regulation’s command of                  Anthracite Mines
                                           circumstances may occur by providing                    prompt, vigorous action.’’ It is important
                                           that when communications are lost due                   that notification be sufficient so that the              The ETS includes new provisions,
                                           to emergency or other unexpected event,                 Agency is actually put on notice as to                paragraph (d)(7) of § 75.380 and
                                           the operator must notify MSHA at once                   what happened. MSHA invites                           paragraph (c)(5) of § 75.381, that require
                                           without delay and within 15 minutes of                  comment on whether § 50.10 should be                  the use of directional lifelines in both
                                           having access to a telephone or other                   further amended to require that the                   the primary and alternate escapeways
                                           means of communication. It is expected                  notification specify the type of accident             for underground bituminous, lignite,
                                           that the operator will be diligent in                   per existing paragraph 50.2(h) and                    and anthracite coal mines. These
                                           attaining access to a telephone or other                pertinent details.                                    lifelines will clearly designate the
                                           communication means under such                             As discussed above, immediate                      escape route that miners should take to
                                           circumstances.                                          notification hinges on the occurrence of              evacuate the mine quickly when an
                                              Under the MSHA system for receiving                  an ‘‘accident.’’ Existing paragraph (h)(6)            accident occurs. These requirements
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                                           notification, a call to the MSHA district               of § 50.2 defines ‘‘accident’’ to include             replace existing paragraph 75.380(n)
                                           office having jurisdiction over the mine                ‘‘an unplanned mine fire not                          (which is removed for bituminous and
                                           may be forwarded to an answering                        extinguished within 30 minutes of                     lignite mines) and include a new
                                           service that gives the mine operator                    discovery.’’ MSHA believes there are                  requirement under § 75.381 for
                                           other numbers to call to personally                     situations in the mines that involve                  anthracite mines. Removed paragraph
                                           reach district officials. Once an official              more than one fire or a smoldering                    75.380(n) only applied to alternate


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                                                              Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Rules and Regulations                                          12261

                                           escapeways located in return air courses                paragraphs 75.380(b)(1) and 75.381(b).                discuss the design of a particular lifeline
                                           in mines using belt air under the ‘‘belt                Requiring lifelines in both escapeways                construction (75-foot cone spacing) and
                                           air rule’’ (69 FR 17480). This ETS                      will increase the probability of escape in            NIOSH recommends installation of
                                           enhances protection to miners because                   the event that either is impassable or                double-cones at obstructions to alert
                                           it broadens the requirements for                        unreachable.                                          miners of personnel doors, overcasts,
                                           lifelines to both the primary and                          The second provision, paragraph                    belt crossings, etc. However, NIOSH did
                                           alternate escapeways in every                           (d)(7)(ii) of § 75.380 and paragraph                  not recommend an interval for
                                           underground coal mine.                                  (c)(5)(ii) of § 75.381, requires that                 directional cone spacing. MSHA
                                              New paragraphs 75.380(d)(7) and                      lifelines be made of a durable material               experience in training miners at the
                                           75.381(c)(5) require that each escapeway                so that they are resistant to damage.                 Mine Simulation Laboratory in Beaver,
                                           be provided with a continuous                           This provision is based on language in                West Virginia, indicates that the
                                           directional lifeline or equivalent device               removed paragraph (n)(2) of § 75.380.                 directional cone spacing interval needs
                                           and further require that it be installed                Lifelines must be constructed of durable              to be variable, due to variation in
                                           and maintained throughout the entire                    (strong) materials and must survive                   conditions found in return entries,
                                           length of the escapeway as defined in                   normal mining conditions (e.g.,                       including overcasts and undercasts and
                                           existing paragraph 75.380(b)(1) or                      atmospheric conditions such as                        turns. The new standard requires the
                                           75.381(b) as applicable; be made of                     humidity). They must be available in an               interval spacing will never exceed 100
                                           durable material; be marked with                        emergency when miners need them to                    feet, but may be shorter depending upon
                                           reflective material every 25 feet; located              evacuate the mine. In addition, lifelines             entry conditions, as determined by the
                                           in such a manner for miners to use                      must also be sturdy enough to withstand               mine operator as mine conditions
                                           effectively to escape; be equipped with                 intense physical use during an                        warrant.
                                           directional indicators showing the route                evacuation.                                              The sixth provision, paragraph
                                           of escape; and be attached to and mark                     The third provision, paragraph                     (d)(7)(vi) of § 75.380 and paragraph
                                           the location of stored SCSRs.                           (d)(7)(iii) of § 75.380 and paragraph                 (c)(5)(vi) of § 75.381 requires that the
                                              Existing paragraphs 75.380(d)(2) and                 (c)(5)(iii) of § 75.381, requires that the            lifeline be securely attached to, and
                                           75.381(c)(2) provide that each                          lifelines be marked with a reflective                 marked to show the location of, all
                                           escapeway shall be clearly marked to                    material every 25 feet, so that miners                SCSR storage locations in the
                                           show the route [and direction] of travel                can locate the lifeline using their cap               escapeways. This provision is new and
                                           to the surface. While such markings are                 lamps in low-visibility conditions and                directs escaping miners to SCSR storage
                                           beneficial, they are not always effective,              when smoke is present. This provision                 locations that are required by the new
                                           particularly under some adverse                         is based on language that describes                   provision, paragraph 75.1714–4(c).
                                           conditions such as the presence of thick                lifelines in removed paragraph (n)(3) of              Miners escaping a mine under adverse
                                           smoke which significantly reduces                       § 75.380.                                             environmental conditions may need to
                                           visibility. MSHA records also indicate                     The fourth provision, paragraph                    access additional SCSRs in order to
                                           that mine operators are frequently cited                (d)(7)(iv) of § 75.380 and paragraph                  successfully evacuate the mine. This
                                           for violating existing paragraphs                       (c)(5)(iv) of § 75.381, provides that                 requirement, and new paragraph
                                           75.380(d)(2) and 75.381(c)(2). Failure to               lifelines be positioned in such manner                75.1714–4(e) that requires a reflective
                                           provide or maintain these markings                      that miners can use them effectively to               sign to be posted, will enable persons to
                                           increases the probability of miners                     escape. This provision is based on                    quickly locate additional SCSRs.
                                           becoming disoriented during an attempt                  language that describes lifelines in                     MSHA also requests comments about
                                           to evacuate a mine under adverse                        removed paragraph (n)(4) of § 75.380.                 whether miners should have the ability
                                           conditions. When directional lifelines                  The proper positioning of the lifeline                to tether themselves together during
                                           are installed in the escapeways, miners                 regarding height, accessibility, and                  escapes through smoke-filled
                                           will not be solely dependent upon                       location as determined by the mining                  environments. Mine rescue teams
                                           markings in the escapeway to show the                   conditions improves the ability of                    currently use tethers (lifelines) to attach
                                           route and direction of travel to the                    miners to effectively use lifelines to                to each rescue team member to keep the
                                           surface.                                                escape during emergency situations.                   group together when they enter smoke
                                              The ETS provisions relating to                          The fifth provision, paragraph                     filled environments. What length of
                                           lifelines are the same for both                         (d)(7)(v) of § 75.380 and paragraph                   tether between miners should be
                                           underground bituminous and lignite                      (c)(5)(v) of § 75.381, provides that                  required? Should the tether be
                                           mines (§ 75.380) and anthracite mines                   lifelines contain directional indicators,             composed of separate sections that clip
                                           (§ 75.381). Each provision will be                      signifying the route of escape, placed at             together to allow any number of miners
                                           discussed as it applies to both §§ 75.380               intervals not to exceed 100 feet. This                to be attached? How should the tether
                                           and 75.381.                                             provision is based on language that                   be attached to the miners’ belts, or
                                              The first provision, paragraph (d)(7)(i)             describes lifelines in removed paragraph              should there be a place other than the
                                           of § 75.380 and paragraph (c)(5)(i) of                  (n)(5) of § 75.380. These directional                 miners’ belts to attach the tether to the
                                           § 75.381, requires that lifelines be                    indicators are physical objects, such as,             miners? Should the tether be
                                           installed and maintained in both                        but not limited to, cones, that provide               constructed of durable and/or reflective
                                           escapeways leading from the working                     tactile feedback to a miner attempting to             material? Where should the tether be
                                           sections or areas where mechanized                      escape a dark, smoke-filled                           stored on the section? Should it be
                                           mining equipment is being installed or                  environment. During escape when                       stored with the additional SCSRs in a
                                           removed. The lifelines must be                          visibility is low, the directional                    readily accessible and identifiable
                                           continuous to the surface escape drift                  indicators will enhance the ability of                location, or in a separate location?
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                                           opening, continuous to the escape shaft                 miners to escape by quickly indicating
                                           or slope facilities to the surface, or                  the proper direction of travel.                       c. Section 75.383—Escapeway Maps and
                                           continuous from each working section                       Currently, some mines place                        Drills
                                           to the surface, as applicable. This                     prefabricated directional lifelines in                   The ETS removes existing paragraph
                                           provision is based on language that                     escapeways, using cones to show the                   (c) from § 75.383. Existing paragraph
                                           describes escapeways in existing                        direction of escape. NIOSH publications               75.383(c) allows the operator to use the


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                                           12262              Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Rules and Regulations

                                           escapeway practice drills to comply                     for mine emergencies, including fires,                escapeway than the previously
                                           with the requirements of paragraph                      explosions, or gas or water inundations,              conducted drill. This requirement is
                                           75.1502(c). Because MSHA increased                      and develop best options for evacuation               added to ensure miners are familiar
                                           the requirements in the evacuation                      under each type of emergency. This                    with all the possible escapeways in the
                                           drills in § 75.1502, drills conducted                   requirement further emphasizes that                   event their primary escape route is
                                           under § 75.383 will no longer satisfy                   operators must include immediate                      impassable. This provision emphasizes
                                           paragraph 75.1502(c). A new paragraph,                  donning of self-rescue devices in these               that the existing standard means a
                                           75.1502(c)(4), allows the operator to use               scenarios.                                            practice drill. This change ensures
                                           drills defined in paragraph 75.1502(c) to                  Under new paragraph (a)(1)(vii)                    miners will engage in a practice drill.
                                           comply with the requirements of drills                  operators are required to include                        The ETS adds paragraph (c)(2)(i) of
                                           specified in § 75.383. This change                      instruction in locating and using                     § 75.1502 requiring training on
                                           enhances protection to miners because                   continuous directional lifelines or the               directional lifelines or equivalent
                                           the ETS expands the content of the                      equivalent. The instruction is added to               devices and stored SCSRs. This is based
                                           drills under paragraph 75.1502(c) to                    cover the new requirements for lifelines.             on the new ETS requirements for
                                           include donning and transferring of self-                  New paragraph (a)(1)(viii) of § 75.1502            lifelines and additional stored SCSRs.
                                           rescue devices, locating directional                    requires the operator to provide, in the              This training is included in emergency
                                           lifelines and equivalent devices, and                   plan, instructions for training in                    drills to ensure that miners are able to
                                           physically traveling to the surface or                  locating and using SCSRs. The operator                locate and use the lifelines and
                                           exits of the bottom of shafts or slopes.                is required to specify the quantity and               additional SCSRs.
                                                                                                   types of self-rescue devices to ensure                   The provision from paragraph (b)(8) of
                                           d. Section 75.1502—Mine Emergency                       that appropriate training is provided.                § 48.8 requiring complete donning
                                           Evacuation and Firefighting Program of                     These changes are necessary to                     procedures of SCSRs is added in new
                                           Instruction                                             require training in the proper use of                 paragraph (c)(2)(ii) of § 75.1502. Adding
                                              The ETS makes a number of non-                       equipment in mine emergencies,                        this provision into § 75.1502 increases
                                           substantive organizational changes to                   because of the additional requirements                the frequency of the SCSR training from
                                           clarify existing provisions or to                       added to other sections in the ETS.                   once per year to at least four times per
                                           accommodate new or moved provisions.                       Existing paragraph 75.1502(a)(1)(vii)              year. A reason for including this
                                           The ETS adds paragraph headings and                     is modified to include training in the                training within the mine evacuation
                                           realigns paragraph numbers in § 75.1502                 location and use of continuous                        drill is to provide a more realistic
                                           to make it easier to find and understand                directional lifelines or equivalent                   training environment. This training,
                                           specific requirements. Existing language                devices. MSHA includes this additional                when integrated with the other
                                           in paragraph 75.1502(c) ‘‘which shall be                requirement in the training program to                components of the drill, will provide
                                           held at periods of time so as to ensure                 ensure that miners are properly trained               the miner with a complete experience of
                                           that all miners participate in such                     to locate and use these additional                    an emergency situation.
                                           evacuations at intervals of not more                    escape devices. This increases the                       Drills may further provide a more
                                           than 90 days’’ is moved to 75.1502(c)(1).               miners’ options for escape.                           realistic emergency evacuation practice.
                                           In addition, the ETS moves existing                        New paragraph 75.1502(a)(2) is added               For example, conducting the drill in
                                           paragraph 75.1502(c)(1) to 75.1502(c)(3),               to require operators to designate persons             smoke or using a realistic mouthpiece
                                           and emphasizes the requirement in                       with the appropriate abilities, training,             that provides the user with the
                                           existing 75.1502(c)(1) that the mine                    knowledge, or experience to provide                   sensation of actually breathing through
                                           operator certify which miners have                      training and conduct § 75.1502-required               an SCSR, commonly referred to as
                                           completed the training. This                            drills. MSHA experience indicates that                ‘‘expectations’’ training, is more realistic
                                           certification includes the names of the                 effectively trained miners are more                   than simulation training. MSHA is
                                           miners participating in each drill. Also,               likely to retain their skills when they are           asking for comments and suggestions on
                                           this ETS adds ‘‘and materials’’ to the                  needed during an emergency. A key                     alternative realistic emergency
                                           term ‘‘firefighting equipment’’ in                      component of effective training is the                evacuation practices to ensure that
                                           existing paragraph 75.1502(a) to                        instructor’s ability to train and evaluate            miners are prepared to act in an
                                           75.1502(a)(1)(vi) clarifying that                       performance. This is important to                     emergency.
                                           materials, such as water and rock dust,                 ensure that the miner is properly trained                This requirement for a more realistic
                                           are also important for fighting fires.                  on donning and transferring of self-                  training drill is supported by the
                                              This ETS modifies existing paragraph                 rescue devices.                                       research discussed in the PW–SCSR
                                           (a) of § 75.1502 by adding new                             Some of the existing language in                   Project Final Report, (Kovac and
                                           requirements in the mine emergency                      paragraph 75.1502(a) is moved to                      Kravitz, 1991) evaluating the ‘‘3+3’’
                                           evacuation and firefighting program.                    paragraph 75.1502(a)(3) to require the                training method. A total of 185 miners
                                           The new provisions do not reduce the                    operator to submit a program of                       and MSHA inspectors were trained by
                                           protection afforded miners because                      instruction, with any revisions, for                  U.S. Bureau of Mines personnel. The
                                           MSHA has enhanced the requirements                      approval to the District Manager of the               training was provided to the miners on
                                           in the program of instruction to assist                 Coal Mine Safety and Health district in               the working section, usually a few
                                           the miner in handling mine                              which the mine is located. Before                     crosscuts outby the face. Miners were
                                           emergencies.                                            implementing any new or revised                       brought back from the face one at a time
                                              For organizational purposes, MSHA                    approved plan provision, the operator                 for their training. This approach can be
                                           added eight requirements to paragraph                   must instruct miners in the changes.                  used during mine emergency drills to
                                           75.1502(a)(1). Three of these paragraphs                   New paragraph 75.1502(c)(2) is added               satisfy requirements without disrupting
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                                           specify new requirements. Five of the                   to enhance the mine evacuation drill to               other activities at the mine.
                                           paragraphs retain existing provisions:                  require miners to travel the primary or                  This ETS adds new paragraph
                                           (a)(1)(i), (a)(1)(iii), (a)(1)(iv), (a)(1)(v),          alternate escapeways to the surface or                (c)(2)(iii) to § 75.1502 to provide hands-
                                           and (a)(1)(vi).                                         bottom of a shaft or slope. Further,                  on training in transferring from one self-
                                              New paragraph (a)(1)(ii) of § 75.1502                language was added to require that the                rescue device to an SCSR. MSHA adds
                                           requires operators to develop scenarios                 drill be conducted in a different                     this provision to include training to


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                                           cover new requirements in paragraph                     all times to all persons when                         of a reflective material must be posted
                                           75.1502(c)(2) and § 75.1714–4. Miners                   underground in accordance with a plan                 in each entry leading to each storage
                                           must be trained on all types of self-                   submitted by the operator of the mine                 location.
                                           rescue devices in use at the mine. This                 and approved by the District Manager.                    This ETS enhances protection because
                                           training must include experience in                     When the one-hour canister is placed in               it requires additional SCSRs to cover the
                                           transferring from one type of self-rescue               a cache or caches, a sign made of a                   maximum number of persons in every
                                           device to the same type, as well as to all              reflective material with the word                     underground coal mine. These
                                           other types in use at the mine, as                      ‘‘SELF–RESCUERS’’ shall be                            additional SCSRs in the storage
                                           applicable.                                             conspicuously posted at each cache, and               locations will greatly increase the ability
                                              The ETS adds new paragraph (c)(3) to                 direction signs made of a reflective                  of all persons to safely evacuate during
                                           § 75.1502. Existing paragraph                           material shall be posted leading to each              a mine emergency or accident.
                                           75.1502(c)(1) is moved to new                           cache.’’                                                 New paragraph 75.1714–4(a) requires
                                           paragraph 75.1502(c)(3) and the                                                                               that in addition to the requirements in
                                           language is amended to emphasize the                    f. Section 75.1714–4—Additional Self-                 §§ 75.1714, 75.1714–1, 75.1714–2, and
                                           requirement that mine operators certify,                Contained Self-Rescuers                               75.1714–3, the mine operator shall
                                           by name, all miners who participated in                    This ETS includes a new § 75.1714–                 provide at least one additional SCSR to
                                           each emergency evacuation drills. This                  4 which requires the mine operator to                 each person who is underground, and
                                           provides a record of training for each                  provide at least one additional SCSR                  which provides protection for a period
                                           miner. MSHA is soliciting comments on                   that will provide protection for a period             of one hour or longer, to cover the
                                           whether such a record of training                       of one hour or longer to cover the                    maximum number of persons in the
                                           should include additional information,                  maximum number of persons in the                      mine. This is a new requirement to
                                           such as a checklist. The checklist could                mine. Thus, each miner or person                      provide one additional SCSR device for
                                           be used to itemize the successful                       underground will have the self-rescuer                each person in the mine. Having at least
                                           completion of each step of the training,                device that is traditionally carried with             one additional SCSR device per person
                                           as outlined in the approved program of                  him or her and an additional SCSR                     will double the amount of oxygen that
                                           instruction.                                            device readily accessible. If a filter self           is available to that person during any
                                              The ETS adds new paragraph (c)(4) to                 rescuer is used in conjunction with an                accident or emergency evacuation.
                                           § 75.1502 to allow the operator to use                  existing SCSR storage plan, a mine                    MSHA’s intent is to encourage persons
                                           the mine emergency evacuation drills in                 operator must comply with the                         who are not required for a mine
                                           this section to satisfy the requirement                 requirement for an additional SCSR as                 emergency response to evacuate the
                                           for practice escapeway drills in                        described under this new 75.1714–4(a).                mine as quickly as possible. The
                                           paragraph 75.383(b) of this part. See                   In addition, where persons enter or exit              additional SCSR will aid persons who
                                           discussion under section-by-section                     the mine using a mantrip or mobile                    must travel through smoke and toxic
                                           discussion on paragraph 75.383(b).                      equipment, additional SCSRs must be                   gases to safely exit the mine. The
                                              A new paragraph (d) is added to this                 available on the mantrip or mobile                    additional SCSR will likely facilitate
                                           section requiring the mine operator to                  equipment portal to portal. Moreover,                 evacuation of the mine by increasing the
                                           submit a revised program of instruction                 this provision requires the mine                      person’s confidence in the availability
                                           under this part 75. This revised program                operator to submit an outby SCSR                      of oxygen in the smoke-filled mine
                                           of instruction shall be submitted to the                storage plan, identifying the location,               entries.
                                           appropriate District Manager for                        quantity and type of additional SCSRs                    The SCSRs that are required under
                                           approval no later than April 10, 2006.                  in the primary and alternate escapeways               new paragraph 75.1714–4(a) must meet
                                           Within 2 weeks of plan approval, the                    in circumstances where the SCSR                       the storage location requirements under
                                           operator must train miners in the                       devices required under the existing                   new paragraphs 75.1714–4(d) and (e)
                                           revised requirements. This provision is                 standards will not provide sufficient                 discussed below.
                                           consistent with the new provision for a                 oxygen for all persons to safely evacuate                New paragraph 75.1714–4(b) requires
                                           revised training plan in paragraph                      the mine. The outby SCSR storage plan                 that if a mantrip or mobile equipment is
                                           48.3(p).                                                must also show how the storage location               used to enter or exit the mine,
                                                                                                   in each escapeway was determined. For                 additional SCSRs, each of which
                                           e. Section 75.1714–2—Self Rescue                        District Manager approval of the outby                provides protection for a period of one
                                           Devices; Use and Location                               storage plan, the District Manager may                hour or longer, shall be available from
                                           Requirements                                            require the mine operator to                          portal to portal on the mantrip or mobile
                                              This ETS modifies paragraph (f) of                   demonstrate that the location, quantity,              equipment. At many mines, persons use
                                           § 75.1714–2 to conform the language to                  and type of the additional SCSRs                      mantrips or mobile equipment such as
                                           changes in § 75.1714–4. The new                         provide adequate protection for all                   scoops, ramcars, or pick-up trucks, to
                                           provision is that a sign with the word                  persons to safely evacuate the mine.                  enter the mine and travel to and from
                                           ‘‘SELF–RESCUER’’ or ‘‘SELF–                                Section 75.1714–4 also requires the                their working section. A mine accident
                                           RESCUERS’’ must be conspicuously                        operator to store all SCSRs required                  or emergency that requires evacuation
                                           posted at each storage place and it must                under this section in locations that are              could occur while crews are traveling to
                                           be made of reflective material. Direction               conspicuous and that are readily                      or from their working section on
                                           signs made of a reflective material must                accessible by each person in the mine.                mantrips or mobile equipment. If
                                           also be posted leading to each storage                  All SCSR devices required under this                  additional SCSRs are not available on
                                           place.                                                  section must be stored according to the               the mantrips or the mobile equipment,
                                              In addition, this ETS modifies                       manufacturer’s instructions.                          persons may not be able to evacuate
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                                           paragraph (g)(2) of § 75.1714–2. A new                     Section 75.1714–4 further requires a               safely during a mine accident or
                                           phrase, ‘‘made of a reflective material’’               sign with the words ‘‘SELF–                           emergency. Requiring that additional
                                           has been added in reference to the cache                RESCUERS’’ to be conspicuously posted                 SCSRs be available portal to portal to
                                           (storage location) signs and direction                  at each storage location. The sign must               persons who are using the mantrip or
                                           signs. The paragraph now reads, ‘‘The                   be made of reflective material. In                    mobile equipment provides the
                                           one-hour canister shall be available at                 addition, direction signs that are made               protection of an additional SCSR while


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                                           on the mantrip or mobile equipment                      operators to assess the conditions                    rate for a 65 year old person—95th
                                           during an accident or emergency.                        unique to their mine and to establish                 percentile by age—is 109 beats per
                                              Mine operators may utilize the                       SCSR storage locations based on these                 minute and the calculated rate for a 20
                                           additional SCSRs on the mantrip or                      conditions.                                           year old person is 140 beats per minute.
                                           mobile equipment to comply with                            New paragraph 75.1714–4(c) also                    Comparing each calculated rate with
                                           paragraph 75.1714–4(a) if the mantrip                   allows MSHA to verify, if needed, the                 135 beats per minute, the lower rate for
                                           stays on the section. If the mantrip                    appropriateness of the storage locations.             the 65 year old person is the calculated
                                           leaves the section, operators can choose                If the MSHA District Manager doubts                   rate of 109 and the lower rate for the 20
                                           to comply with paragraph 75.1714–4(a)                   that all persons underground could                    year old person is 135. Thus, during the
                                           by removing the SCSRs from the                          reach the additional storage locations                simulated escape, if a 65 year old
                                           mantrip and keeping them on the                         safely, the District Manager can require              person’s heart-rate exceeds 109 or a 20
                                           section. That is, SCSRs on the mantrip                  the mine operator to demonstrate that                 year old person’s heart rate exceeds 135,
                                           can remain on the section if the mantrip                the storage location provides adequate                the person should slow down or stop
                                           leaves the section for other duties.                    protection to all persons to reach the                until his heart rate is in an acceptable
                                           However, at all times any operator and                  designated storage location in a timely               range.
                                           passengers on the mantrip or mobile                     manner and safely evacuate the mine.                     4. After one hour, the distance should
                                           equipment must have an additional                          The SCSRs that are required under                  be recorded and marked.
                                           SCSR available. Additionally, if miners                 new paragraph 75.1714–4(c) must also                     5. The above procedure should be
                                           traveling on mantrips or mobile                         meet the storage location requirements                repeated 3 times, and an average
                                           equipment are using filter self-rescuers,               under new paragraphs 75.1714–4(d) and                 distance calculated.
                                           or SCSRs which provide less than one                    (e) discussed below.                                     6. The location for the SCSR storage
                                           hour of protection, they must be                           To assist mine operators in complying              is the average distance recorded minus
                                           provided with two SCSRs, each of                        with the requirements of new paragraph                15 percent (the amount of work added
                                           which provides protection for a period                  75.1714–4(c), MSHA is providing one                   by using an SCSR). For example, if the
                                           of one hour or longer, on the mantrip or                possible method that an operator may                  distance traveled is 5,000 feet along the
                                           mobile equipment.                                       use in choosing appropriate outby SCSR                escapeway, the SCSR storage should be
                                              New paragraph 75.1714–4(c) requires                  storage locations. MSHA developed a                   placed 4,250 feet along the escapeway
                                           that when the SCSR devices otherwise                    method for selecting locations based on               (5,000 feet ¥ 750 feet = 4,250 feet).
                                           required by paragraph 75.1714(a) are not                a 1996–1997 MSHA–NIOSH study                             7. If multiple storage locations are
                                           adequate to provide enough oxygen for                   (Unpublished document ‘‘The Oxygen                    required, the above procedure should be
                                           all persons to safely evacuate the mine                 Cost of a Mine Escape’’ (Kovac, Kravitz,              repeated until the escape is completed
                                           under the mine emergency conditions;                    Rehak, 1997)). The MSHA–NIOSH study                   to the surface.
                                           the mine operator shall provide                         demonstrated that it is possible to                      8. In addition to a person’s
                                           additional SCSR devices in the primary                  project, on a mine-by-mine basis, the                 physiological ability to reach the storage
                                           and alternate escapeways. Under these                   difficulty of the mine escape and how                 location within the rated duration of the
                                           circumstances, the mine operator shall                  much oxygen would be required for                     SCSR, given the environmental
                                           submit an outby SCSR storage plan to                    such an escape, knowing the body                      conditions of the mine and the oxygen
                                           the appropriate District Manager for                    weight and heart rate of the escaping                 provided by the SCSR, other factors can
                                           approval. The mine operator must also                   person. Accordingly, the method used                  come into play. For example, the
                                           include in the outby SCSR storage plan                  by this heart rate study may also be used             number of persons accessing a storage
                                           required by paragraph 75.1714–4(c) the                  to determine the sufficient number and                location can affect the time it takes to
                                           location(s), quantity, and type of                      appropriate storage locations of                      retrieve and don an SCSR from the
                                           additional SCSR devices, each of which                  additional SCSRs so that persons can                  storage location. The accessibility of the
                                           provides protection for a period of one                 safely evacuate the mine. A mine                      storage location may be affected by its
                                           hour or longer, that are stored in the                  operator who wants to use the heart rate              physical configuration.
                                           primary and alternate escapeways. The                   method to determine the number and                       To summarize, for purposes of the
                                           outby SCSR storage plan must also show                  storage location of additional SCSRs                  outby SCSR storage plan, an operator
                                           how the storage location in the primary                 should, however, adhere to the                        may use any reliable method of
                                           and alternate escapeways was                            following procedures:                                 choosing storage locations including the
                                           determined. The District Manager may                       1. Select the worst-case escape                    method mentioned above. MSHA
                                           require the mine operator to                            scenario (for example, the furthest point             solicits comments on the above
                                           demonstrate that the location, quantity,                of penetration into coal seam and the                 suggested method, and other reliable
                                           and type of the additional SCSRs                        heaviest person).                                     methods, for determining where to
                                           provide protection to all persons to                       2. Have the person perform an escape               locate the additional SCSRs in the mine.
                                           safely evacuate the mine. The outby                     drill bare-faced with all the person’s                In addition, MSHA solicits comments
                                           SCSR storage plan must also be kept                     normal tools and safety equipment                     on whether a specification standard
                                           current by the mine operator and made                   (including an SCSR on the person’s belt)              would be more appropriate than the
                                           available for inspection by an                          along the designated escapeway. During                performance-oriented approach
                                           authorized representative of the                        this escape drill, the person’s heart-rate            provided in this ETS. For example,
                                           Secretary and by the miners’                            should be continuously monitored with                 MSHA is considering a requirement that
                                           representative.                                         the person wearing a heart-rate watch.                the additional SCSRs under new
                                              The outby SCSR storage plan required                    3. The person’s heart-rate should not              paragraph 75.1714–4(c) be stored in all
                                           by new paragraph 75.1714–4(c) gives                     exceed the lower of (0.70) × (220 minus               escapeways at intervals of 5,000 feet for
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                                           mine operators flexibility in                           the person’s age) or 135 beats per                    mines where the escapeway height is
                                           determining the location, quantity, and                 minute. (135 beats per minute is the                  above 48 inches and 2,500 feet for all
                                           type of additional SCSRs stored in the                  average heart-rate for the 95th percentile            other mines. MSHA solicits comments
                                           primary and alternate escapeways. The                   person—by weight—performing mantest                   on such a specification-oriented
                                           requirements of this paragraph are                      4 during MSHA–NIOSH certification                     standard, including comments on
                                           performance-oriented. It allows mine                    tests.) Under the formula, the calculated             whether the specific 5,000 and 2,500


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                                           foot intervals, or some other specific                  storage locations that are readily                    location(s) of SCSR devices subject to
                                           interval, is appropriate.                               accessible to such persons.                           storage plans on the § 75.383 mine
                                             MSHA solicits comments on the                            This new requirement will facilitate               emergency map and on the § 75.1200
                                           appropriateness of eliminating filter                   the successful use of the additional                  mine map. Existing § 75.383 requires
                                           self-rescuers (‘‘FSRs’’) from all                       SCSRs during a mine accident or                       escapeway maps to be posted in each
                                           underground bituminous, lignite, and                    emergency. Moreover, manufacturers’                   working section, and in each area where
                                           anthracite mines. FSRs were required                    instructions are required to be included              mechanized mining equipment is being
                                           before SCSRs were available to the                      in the approval documents for all                     installed or removed, and at a surface
                                           mining industry. Some current SCSR                      SCSRs, which are submitted to MSHA                    location of the mine where miners
                                           storage plans allow the use of FSRs to                  and NIOSH under 42 CFR part 84. The                   congregate, such as the mine bulletin
                                           reach stored SCSRs. Given that FSRs                     instructions are included with all SCSRs              board, bathhouse, or waiting room.
                                           only provide filter protection for carbon               from each manufacturer.                               Existing § 75.1203 requires the mine
                                           monoxide, and due to the fact that FSRs                    New § 75.1714–4(e) requires that a                 map under § 75.1200 to be available to
                                           do not produce oxygen, MSHA solicits                    sign with the words ‘‘SELF-RESCUERS’’                 miners. Because an escapeway map is
                                           comments on whether underground coal                    be conspicuously posted at each storage               posted in an obvious location and
                                           mines should only require SCSRs.                        location, be made of reflective material,             because a miner has access to the mine
                                             MSHA also solicits comments on the                    and direction signs made of a reflective              map, requiring the operator to include
                                           appropriateness of requiring mine                       material be posted in each entry leading              the storage location of all SCSRs on the
                                           operators to report the total number of                 to each storage location. The                         escapeway map and mine map helps
                                           SCSRs in use at each underground coal                   requirements are similar to the                       ensure that persons are aware of the
                                           mine, semi-annually, to the MSHA                        requirements in existing § 75.1714–2(f)               storage location of all SCSRs in the
                                           District Manager. Along with the total                  pertaining to the storage of an SCSR                  mine. In addition, the § 75.1200 mine
                                           number of SCSRs, MSHA could require                     device that is required under existing                map is the basis for all mine rescue
                                           the following information be reported                   § 75.1714, but that is not carried out of             attempts.
                                           for each SCSR at each mine: (1)                         the mine at the end of a person’s shift.                 Finally, MSHA is considering a
                                           Manufacturer, (2) model, (3) date of                    MSHA is adding a requirement that the                 requirement that the mine operator
                                           manufacture, and (4) the serial number.                 sign be made of reflective material here              promptly report to the MSHA District
                                           This information would be valuable                      and under existing § 75.1714–2(f) and                 Manager, in writing, all incidents where
                                           because manufacturers often lose track                  (g) because escape routes are often filled            any SCSR, required by this section or
                                           of where their SCSRs are in the mining                  with thick smoke that could obscure any               existing § 75.1714, is used for an
                                           industry. When a mine shuts down, the                   SCSR storage location. Under such                     accident or emergency and all instances
                                           SCSRs are often sold to another mine. In                circumstances, a sign made of a                       where such SCSR device did not
                                           the past, problems have been discovered                 reflective material will provide greater              function properly. In addition, when
                                           with all brands of SCSRs. Sometimes                     visibility of the storage locations to                any SCSR device has not functioned
                                           these problems are related to specific                  persons who need to exit the mine                     properly, the mine operator would
                                           production runs that generate unique                    quickly. Moreover, new                                retain the device, for at least 90 days, for
                                           serial numbers for the SCSRs.                           § 75.380(d)(7)(vi) and § 75.381(c)(5)(vi)             investigation by MSHA.
                                           Sometimes, the problems affect all the                  require that lifelines be attached to, and               MSHA solicits comments on this
                                           manufactured SCSRs from one                             marked to show these storage locations.               reporting requirement because, in the
                                           manufacturer. Having knowledge of                          The requirement that a sign under                  past, MSHA did not always learn of
                                           where the SCSRs are located will benefit                paragraphs 75.1714–2(f) and (g) be made               problems associated with SCSRs in a
                                           persons because MSHA can then                           of reflective material enhances miner                 timely manner. This requirement would
                                           expeditiously locate the affected SCSRs                 protection because escape routes are                  help assure that MSHA is notified of
                                           so that remedial action can be taken.                   often filled with thick smoke that could              problems in a timely manner and that
                                             New paragraph 75.1714–4(d) provides                   obscure any SCSR storage location and                 the affected SCSRs are available for
                                           that all SCSR devices required under                    a sign made of a reflective material will             testing and evaluation.
                                           this section be stored in locations that                provide greater visibility of the storage
                                           are conspicuous and that are readily                                                                          V. Executive Order 12866
                                                                                                   locations to persons who need to exit
                                           accessible by each person in the mine.                  the mine quickly.                                       Executive Order (E.O.) 12866 (58 FR
                                           In addition, new paragraph 1714–4(d)                       MSHA solicits comments on the                      51735) as amended by E.O. 13258
                                           provides that all SCSR devices required                 appropriateness of requiring signs to be              (Amending Executive Order 12866 on
                                           under this section be stored according to               made of a reflective material and                     Regulatory Planning and Review (67 FR
                                           manufacturers’ instructions. The time                   whether there are alternative methods                 9385)) requires that regulatory agencies
                                           used to locate an SCSR that is not                      available for making storage locations                assess both the costs and benefits of
                                           conspicuously stored could make the                     easy to locate when conditions in the                 regulations. MSHA has determined that
                                           difference between the success or failure               mine might obscure the storage location.              the ETS would not have an annual effect
                                           of a safe evacuation. In addition, the                     The new requirement that a sign be                 of $100 million or more on the economy
                                           storage location must be readily                        made of a reflective material enhances                and that, therefore, it is not an
                                           accessible so that the additional SCSRs                 miner safety by making SCSR storage                   economically ‘‘significant regulatory
                                           can be retrieved in a prompt, timely                    locations easier to locate when a person              action’’ pursuant to § 3, paragraph (f) of
                                           manner. An example of a storage                         needs to evacuate the mine quickly and                E.O. 12866.
                                           location that is readily accessible is on               the escape route is filled with thick
                                           the working face or in locations where                                                                        A. Population-at-Risk
                                                                                                   smoke obscuring the SCSR storage
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                                           mechanized mining equipment is being                    location.                                               Using 2004 data, the ETS applies to
                                           installed and removed. Such a location,                                                                       the 634 underground coal mine
                                           however, may not be readily accessible                  g. Section 75.1714–5—Map locations of                 operators employing 33,490 miners and
                                           to all persons, such as pumpers, outby                  Self-Contained Self-Rescuers                          3,697 contractor workers who work
                                           crews, and examiners. MSHA is,                             New § 75.1714–5 requires the mine                  underground in coal mines. Also, using
                                           therefore, soliciting comments on                       operator to include the storage                       2004 data, the immediate notification


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                                           provisions of the ETS apply to the entire               with additional SCSR devices.                         industry by publishing that definition in
                                           mining industry, encompassing all                       Disaggregated by mine size, yearly costs              the Federal Register for notice and
                                           214,450 miners and 72,739 contract                      will be $1.2 million (or about $5,100 per             comment. MSHA has not taken such an
                                           workers who work in the 14,480 U.S.                     mine) for mine operators with fewer                   action and hence is required to use the
                                           mines.                                                  than 20 employees; $15.6 million (or                  SBA definition. The SBA defines a
                                                                                                   about $40,100 per mine) for mine                      small entity in the mining industry as
                                           B. Benefits
                                                                                                   operators with 20–500 employees; and                  an establishment with 500 or fewer
                                              To estimate benefits, MSHA focused                   $2.1 million (or about $256,700 per                   employees.
                                           on three accidents where miners’ lives                  mine) for mine operators with more                       MSHA has also looked at the impacts
                                           might have been saved if this rule was                  than 500 employees.                                   of Agency rules on a subset of mines
                                           implemented. These three accidents                                                                            with 500 or fewer employees—those
                                           occurred at the Wilberg Mine in 1984,                   VI. Feasibility                                       with fewer than 20 employees, which
                                           at the Sago Mine in 2006, and at the                      MSHA has concluded that the                         MSHA and the mining community have
                                           Aracoma Alma #1 Mine, also in 2006. In                  requirements of the ETS are                           traditionally referred to as ‘‘small
                                           these three accidents, there were, in                   technologically and economically                      mines.’’ These small mines differ from
                                           total, 41 fatalities and one serious                    feasible.                                             larger mines not only in the number of
                                           injury. MSHA believes that this ETS, if                   The ETS is not a technology-forcing                 employees, but also in economies of
                                           in place at the time of these accidents,                standard and does not involve activities              scale in material produced, in the type
                                           could have saved the lives of most of                   on the frontiers of scientific knowledge.             and amount of production equipment,
                                           these victims. One of the miners at Sago                Many of the requirements of the ETS are               and in supply inventory. Therefore,
                                           Mine died in the explosion and would                    based on MSHA’s current regulations.                  their costs of complying with MSHA’s
                                           have perished even if the ETS had been                    The yearly compliance costs of the                  rules and the impact of the Agency’s
                                           in force. In quantitative terms, MSHA                   ETS (of $18.9 million) are equal to 0.2               rules on them will also tend to be
                                           estimates that perhaps 70% to 90% of                    percent of all revenues (of $11.1 billion             different. It is for this reason that ‘‘small
                                           miners in similar accidents in the future               in 2004) for all underground coal mines.              mines,’’ as traditionally defined by
                                           could be saved by implementing the                      Insofar as the total compliance costs are             MSHA as those employing fewer than
                                           ETS, with a mid-range estimate of 80%.                  well below one percent of the estimated               20 workers, are of special concern to
                                           Multiplying 40 by 80% provides a mid-                   revenues for all underground coal                     MSHA.
                                           range estimate of 32 lives that could be                mines, MSHA concludes that the ETS is                    This analysis complies with the legal
                                           saved. Multiplying 40 by 70% and 90%                    economically feasible for these mines.                requirements of the RFA for an analysis
                                           provides a full-range estimate of 28 to                   As noted above, the immediate                       of the impacts on ‘‘small entities’’ while
                                           36 lives that could be saved by the ETS.                notification provisions of the ETS,                   continuing MSHA’s traditional
                                              January 1, 1983 is the starting point                which apply to the entire mining                      definition of ‘‘small mines.’’ The
                                           for the accident records in MSHA’s                      industry, will impose no additional                   Agency concludes that it can certify that
                                           electronic Teradata database. Starting at               costs. MSHA therefore concludes that                  the ETS will not have a significant
                                           January 1, 1983 and ending in early                     these provisions are economically                     economic impact on a substantial
                                           February, 2006 is a time span of 23.1                   feasible for the mining industry.                     number of small entities that are
                                           years. Since these three accidents                                                                            covered by this rulemaking. MSHA has
                                           occurred over a period of 23.1 years,                   VII. Regulatory Flexibility Act and                   determined that this is the case both for
                                           MSHA divides 32 lives saved by 23.1                     Small Business Regulatory Enforcement                 mines affected by this rulemaking with
                                           years to obtain a mid-range estimate of                 Fairness Act (SBREFA)                                 fewer than 20 employees and for mines
                                           1.39 lives saved per year. A similar                       Pursuant to the Regulatory Flexibility             affected by this rulemaking with 500 or
                                           calculation provides a full-range                       Act (RFA) of 1980 as amended by the                   fewer employees.
                                           estimate of 1.21 to 1.56 lives saved per                Small Business Regulatory Enforcement
                                                                                                   Fairness Act (SBREFA), MSHA has                       B. Factual Basis for Certification
                                           year. Using the same method, MSHA
                                           also calculates a mid-range estimate of                 analyzed the impact of the ETS on small                 MSHA’s analysis of impacts on ‘‘small
                                           0.035 serious injuries prevented per                    businesses. Further, MSHA has made a                  entities’’ begins with a ‘‘screening’’
                                           year and a full-range estimate of 0.030                 determination with respect to whether                 analysis. The screening compares the
                                           to 0.039 serious injuries prevented per                 or not the Agency can certify that the                estimated compliance costs of a rule for
                                           year. The actual number of miners’ lives                ETS will not have a significant                       small entities in the sector affected by
                                           saved could be much larger.                             economic impact on a substantial                      the rule to the estimated revenues for
                                                                                                   number of small entities that are                     the affected sector. When estimated
                                           C. Compliance Costs                                     covered by this rulemaking. Under the                 compliance costs or savings are less
                                              The immediate notification provisions                SBREFA amendments to the RFA,                         than one percent of the estimated
                                           of the ETS, which apply to all mines,                   MSHA must include in the rule a factual               revenues, the Agency believes it is
                                           are definitional and clarify existing                   basis for this certification. If a rule has           generally appropriate to conclude that
                                           requirements. As such, MSHA expects                     a significant economic impact on a                    there is no significant economic impact
                                           that they will impose no additional                     substantial number of small entities,                 on a substantial number of small
                                           costs on the mining industry.                           MSHA must develop a regulatory                        entities. When estimated compliance
                                              MSHA estimates that the ETS will                     flexibility analysis.                                 costs or savings exceed one percent of
                                           result in total yearly costs for                                                                              revenues, it tends to indicate that
                                           underground mine operators and                          A. Definition of a Small Mine                         further analysis may be warranted.
                                           contractors of approximately $18.9                        Under the RFA, in analyzing the                       Metal/nonmetal and surface coal
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                                           million, which reflect first-year costs of              impact of a rule on small entities,                   mines are covered in the ETS only by
                                           about $54.7 million. Of the yearly costs,               MSHA must use the Small Business                      the immediate notification provisions.
                                           $7.9 million will be associated with                    Administration (SBA) definition for a                 Since these provisions define and
                                           training requirements; $0.5 million will                small entity or, after consultation with              clarify existing provisions, they do not
                                           be associated with lifeline requirements;               the SBA Office of Advocacy, establish                 impose any costs on mine operators and
                                           and $10.5 million will be associated                    an alternative definition for the mining              contractors. MSHA therefore concludes


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                                           that the ETS will not have a significant                and § 75.1714–5—Map locations of self-                IX. Other Regulatory Considerations
                                           economic impact on a substantial                        contained self-rescuers to be codified in
                                                                                                                                                         A. The Unfunded Mandates Reform Act
                                           number of small entities in these mine                  30 CFR. Although the new requirement
                                                                                                                                                         Of 1995
                                           sectors.                                                in § 50.10 included in this emergency
                                             For underground coal mines,                           rulemaking creates no additional                        This ETS does not include any
                                           estimated 2004 production was                           paperwork burden, MSHA is listing the                 Federal mandate that may result in
                                           10,375,660 tons for mines that had                      provision here because it continues to                increased expenditures by State, local,
                                           fewer than 20 employees and                             require a collection of information. The              or tribal governments; nor will it
                                           312,531,849 tons for mines that had 500                 ETS adds to the information collected                 increase private sector expenditures by
                                           or fewer employees. Using the 2004                      under existing OMB information                        more than $100 million annually; nor
                                           price of underground coal of $30.36 per                 collections OMB 1219–0007, OMB                        will it significantly or uniquely affect
                                           ton, the 2004 underground coal                          1219–0009, OMB 1219–0044, OMB                         small governments. Accordingly, the
                                           revenues are estimated to be                            1219–0054, and OMB 1219–0073.                         Unfunded Mandates Reform Act of 1995
                                           approximately $315 million for mines                                                                          (2 U.S.C. 1501 et seq.) requires no
                                           employing fewer than 20 employees and                      Although paragraph 75.1714–3(e) is                 further agency action or analysis.
                                           $9.5 billion for mines employing 500 or                 an existing provision and is not changed
                                                                                                   by this emergency rulemaking, MSHA is                 B. The Treasury and General
                                           fewer employees. Thus, the cost of the                                                                        Government Appropriations Act of
                                           rule for mines that have fewer than 20                  including it in the burden estimates
                                                                                                   above because the use of additional                   1999: Assessment of Federal
                                           employees is 0.4 percent ($1.2 million/                                                                       Regulations and Policies on Families
                                           $315 million), while the cost of the rule               SCSR devices mandated by this ETS
                                           for mines that have 500 or fewer                        will increase the burden associated with                This ETS will have no affect on family
                                           employees is 0.2 percent ($0.017                        inspection and recordkeeping                          well-being or stability, marital
                                           billion/$9.5 billion). Using either                     requirements contained in this existing               commitment, parental rights or
                                           MSHA’s traditional definition of a small                paragraph.                                            authority, or income or poverty of
                                           mine (one having fewer than 20                             For a detailed explanation of how the              families and children. Accordingly,
                                           employees) or SBA’s definition of a                     burden hours and related costs were                   section 654 of the Treasury and General
                                           small mine (one having 500 or fewer                     determined, see Chapter VII of the                    Government Appropriations Act of 1999
                                           employees), compliance costs of the                     Regulatory Economic Analysis (REA)                    (5 U.S.C. 601 note) requires no further
                                           ETS for underground coal mines will be                  associated with this rulemaking. The                  Agency action, analysis, or assessment.
                                           substantially less than 1 percent of their              REA is located on MSHA’s Web site at                  C. Executive Order 12630: Government
                                           estimated revenues.                                     http://www.msha.gov/REGSINFO.HTM.                     Actions and Interference With
                                           VIII. Paperwork Reduction Act of 1995                   A print copy of the REA can be obtained               Constitutionally Protected Property
                                                                                                   from the Office of Standards,                         Rights
                                           A. Summary                                              Regulations, and Variances at MSHA.                     This ETS does not implement a policy
                                              This emergency rulemaking contains                                                                         with takings implications. Accordingly,
                                           information collection requirements that                B. Details
                                                                                                                                                         E.O. 12630, Governmental Actions and
                                           MSHA estimates will result in 17,547                      The information collection package                  Interference with Constitutionally
                                           new burden hours and approximately                      has been submitted to the Office of                   Protected Property Rights, requires no
                                           $533,601 related burden costs to mine                   Management and Budget (OMB) for                       further Agency action or analysis.
                                           operators and contractors in the first                  review under 44 U.S.C. 3504, paragraph
                                           year that the rule is in effect. In the                                                                       D. Executive Order 12988: Civil Justice
                                                                                                   (h) of the Paperwork Reduction Act of
                                           second year that the rule is in effect, and                                                                   Reform
                                                                                                   1995, as amended. A copy of the
                                           for every year thereafter, MSHA                         information collection package can be                   This ETS was written to provide a
                                           estimates that mine operators and                       obtained from the Department of Labor                 clear legal standard for affected conduct
                                           contractors will incur 9,226 new burden                 by electronic mail request to                         and was carefully reviewed to eliminate
                                           hours and approximately $525,739                        king.darrin@dol.gov or by phone request               drafting errors and ambiguities, so as to
                                           related burden costs. The burden is                     to (202) 693–4129.                                    minimize litigation and undue burden
                                           different in the first year because some                                                                      on the Federal court system.
                                           information collection requirements                       Comments on the provisions in the                   Accordingly, this ETS will meet the
                                           occur only in the first year that the rule              information collection requirements                   applicable standards provided in
                                           is in effect; while different burdens                   should be sent to both the Office of                  section 3 of E.O. 12988, Civil Justice
                                           occur either every year beginning in the                Information and Regulatory Affairs of                 Reform.
                                           first year, or every year beginning in the              OMB and to MSHA. Comments sent to
                                           second year that the rule is in effect.                 OMB should be sent to the Attention of                E. Executive Order 13045: Protection of
                                              This ETS contains information                        the Desk Officer for the Mine Safety and              Children From Environmental Health
                                           collection requirements in the following                Health Administration. Comments sent                  Risks and Safety Risks
                                           sections: § 48.3—Training plans; time of                to MSHA should be sent to the Office of                 This ETS will have no adverse impact
                                           submission; where filed; information                    Standards, Regulations, and Variances.                on children. Accordingly, E.O. 13045,
                                           required; time for approval; method for                 Addresses for both offices can be found               Protection of Children from
                                           disapproval; commencement of training;                  in the Addresses section of this                      Environmental Health Risks and Safety
                                           approval of instructors; § 50.10—                       preamble. Respondents are not required                Risks, as amended by E.O. 13229 and
                                           Immediate notification; § 75.1502—                      to respond to any collection of                       13296, requires no further Agency
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                                           Mine emergency evacuation and                           information unless it displays a current              action or analysis.
                                           firefighting program of instruction;                    valid OMB control number. MSHA will
                                           § 75.1714–3—Self-rescue devices;                        publish a notice in the Federal Register              F. Executive Order 13132: Federalism
                                           inspection, testing, maintenance, repair                announcing when OMB has approved                        This ETS does not have ‘‘federalism
                                           and recordkeeping; § 75.1714–4—                         the new information collection                        implications’’ because it will not ‘‘have
                                           Additional self-contained self-rescuers;                requirements.                                         substantial direct effects on the States,


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                                           12268              Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Rules and Regulations

                                           on the relationship between the national                X. Emergency Temporary Standard—                      § 48.5 Training of new miners; minimum
                                           government and the States, or on the                    Regulatory Text                                       courses of instruction; hours of instruction.
                                           distribution of power and                                                                                     *       *    *     *     *
                                                                                                   List of Subjects
                                           responsibilities among the various                                                                               (b) * * *
                                           levels of government.’’ Accordingly,                    30 CFR Part 48                                           (2) Self-rescue and respiratory
                                           E.O. 13132, Federalism, requires no                       Education, Mine safety and health,                  devices. The course shall be given
                                           further Agency action or analysis.                      Reporting and recordkeeping                           before a new miner goes underground
                                                                                                   requirements.                                         and shall include instruction and
                                           G. Executive Order 13175: Consultation                                                                        demonstration in the use, care, and
                                           and Coordination With Indian Tribal                     30 CFR Part 50                                        maintenance of self-rescue and
                                           Governments                                               Investigations, Mine safety and                     respiratory devices used at the mine.
                                                                                                   health, Reporting and recordkeeping                   This training shall include:
                                             This ETS does not have ‘‘tribal                                                                                (i) For the use of self-contained self-
                                                                                                   requirements.
                                           implications’’ because it will not ‘‘have                                                                     rescue (SCSR) devices: Hands-on
                                           substantial direct effects on one or more               30 CFR Part 75                                        training in the complete donning of all
                                           Indian tribes, on the relationship                        Communications equipment, Electric                  types of SCSRs used at the mine, which
                                           between the Federal government and                      power, Emergency medical services,                    includes assuming a donning position,
                                           Indian tribes, or on the distribution of                Explosives, Fire prevention, Mine safety              opening the device, activating the
                                           power and responsibilities between the                  and health.                                           device, inserting the mouthpiece or
                                           Federal government and Indian tribes.’’                   Reporting and recordkeeping requirements            simulating this task while explaining
                                           Accordingly, E.O. 13175, Consultation                   Signed at Arlington, Virginia, this 6th day of        proper insertion of the mouthpiece, and
                                           and Coordination with Indian Tribal                     March 2006.                                           putting on the nose clip; and
                                           Governments, requires no further                        David G. Dye,                                            (ii) Hands-on training in transferring
                                           Agency action or analysis.                              Acting Assistant Secretary of Labor for Mine          from one self-rescue device to an SCSR.
                                                                                                   Safety and Health.                                    *       *    *     *     *
                                           H. Executive Order 13211: Actions                                                                                (5) Mine map; escapeways; emergency
                                           Concerning Regulations That                             I Chapter I of Title 30, parts 48, 50, and
                                                                                                   75 of the Code of Federal Regulations                 evacuation; barricading. The program of
                                           Significantly Affect Energy Supply,                                                                           instruction for mine emergency
                                           Distribution, or Use                                    are amended as follows:
                                                                                                                                                         evacuation plans and firefighting
                                             This ETS has been reviewed for its                    PART 48—TRAINING AND                                  approved by the District Manager under
                                           impact on the supply, distribution, and                 RETRAINING OF MINERS                                  30 CFR 75.1502(a) or the escape and
                                                                                                                                                         evacuation plan under 30 CFR 57.11053,
                                           use of energy because it applies to the                 I 1. The authority citation for part 48               as applicable, shall be used for this
                                           underground mining sector. Insofar as                   continues to read as follows:                         course. The course shall include a
                                           this ETS will result in yearly costs of                     Authority: 30 U.S.C. 811, 825.                    review of the mine map; the escapeway
                                           approximately $18.9 million to the                                                                            system; the escape, firefighting, and
                                           underground coal mining industry,                       I 2. Amend § 48.3 by revising paragraph
                                                                                                                                                         emergency evacuation plans in effect at
                                           relative to annual revenues of $11.1                    (a) introductory text and by adding
                                                                                                                                                         the mine; and the location of abandoned
                                           billion in 2004, it is not a ‘‘significant              paragraph (p) to read as follows:
                                                                                                                                                         areas. Also included shall be an
                                           energy action’’ because it is not ‘‘likely              § 48.3 Training plans; time of submission;            introduction to the methods of
                                           to have a significant adverse effect on                 where filed; information required; time for           barricading and the locations of the
                                           the supply, distribution, or use of                     approval; method for disapproval;                     barricading materials, where applicable.
                                           energy * * * (including a shortfall in                  commencement of training; approval of                 *       *    *     *     *
                                           supply, price increases, and increased                  instructors.
                                                                                                                                                            (e) Coal miners receiving training
                                           use of foreign supplies).’’ Accordingly,                   (a) Except as provided in paragraphs               under this section shall participate in
                                           E.O. 13211, Actions Concerning                          (o) and (p) of this section, each operator            the next drill as required in §§ 75.383(b)
                                           Regulations That Significantly Affect                   of an underground mine shall have an                  or 75.1502(c) of this chapter, as
                                           Energy Supply, Distribution, or Use,                    MSHA approved plan containing                         applicable.
                                           requires no further Agency action or                    programs for training new miners,
                                                                                                                                                         I 4. Amend § 48.6 by revising
                                           analysis.                                               training experienced miners, training
                                                                                                                                                         paragraphs (b)(5) and (b)(12) to read as
                                                                                                   miners for new tasks, annual refresher
                                           I. Executive Order 13272: Proper                                                                              follows and by adding paragraph (f).
                                                                                                   training, and hazard training for miners
                                           Consideration of Small Entities in                      as follows:                                           § 48.6   Experienced miner training.
                                           Agency Rulemaking                                       *      *    *     *      *                            *     *     *     *     *
                                                                                                      (p) Each underground coal operator,                  (b) * * *
                                             This ETS has been thoroughly                          who is required to submit a revised                     (5) Mine map; escapeways; emergency
                                           reviewed to assess and take appropriate                 program of instruction for paragraph (a)              evacuation; barricading. The program of
                                           account of its potential impact on small                of § 75.1502, shall also submit a revised             instruction for mine emergency
                                           businesses, small governmental                          training plan under this part 48. This                evacuation and firefighting approved by
                                           jurisdictions, and small organizations.                 revised plan shall be submitted to the                the District Manager under 30 CFR
                                           MSHA has determined and certified that                  appropriate District Manager for                      75.1502(a) or the escape and evacuation
                                           this ETS does not have a significant                    approval no later than April 10, 2006.                plan under 30 CFR 57.11053, as
                                           economic impact on a substantial
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                                                                                                   Within 2 weeks of plan approval the                   applicable, shall be used for this course.
                                           number of small entities. Accordingly,                  operator shall train in accordance with               The course shall include a review of the
                                           E.O. 13272, Proper Consideration of                     the revised training plan.                            mine map; the escapeway system; the
                                           Small Entities in Agency Rulemaking,                    I 3. Amend § 48.5 by revising                         escape, firefighting, and emergency
                                           requires no further Agency action or                    paragraphs (b)(2) and (b)(5) and by                   evacuation plans in effect at the mine;
                                           analysis.                                               adding paragraph (e) to read as follows:              and the location of abandoned areas;


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                                           and, where applicable, methods of                          (i) Hands-on training in the complete              escapeway as defined in paragraph
                                           barricading and the locations of                        donning of all types of SCSRs used at                 (b)(1) of this section.
                                           barricading materials.                                  the mine, which includes assuming a                     (ii) Made of durable material.
                                           *       *    *     *     *                              donning position, opening the device,                   (iii) Marked with a reflective material
                                              (12) Self-rescue and respiratory                     activating the device, inserting the                  every 25 feet.
                                           devices. The course shall be given                      mouthpiece or simulating this task                      (iv) Located in such a manner for
                                           before the miner goes underground and                   while explaining proper insertion of the              miners to use effectively to escape.
                                           shall include instruction and                           mouthpiece, and putting on the nose                     (v) Equipped with directional
                                           demonstration in the use, care, and                     clip; and                                             indicators, signifying the route of
                                           maintenance of self-rescue and                             (ii) Hands-on training in transferring             escape, placed at intervals not
                                           respiratory devices used at the mine.                   from one self-rescue device to an SCSR;               exceeding 100 feet.
                                           This training shall include:                            and                                                     (vi) Securely attached to and marked
                                              (i) For the use of self-contained self-              *       *   *     *     *                             to show the location of any SCSR
                                           rescue (SCSR) devices: Hands-on                                                                               storage locations in the escapeways.
                                           training in the complete donning of all                 PART 50—NOTIFICATION,                                 *      *     *     *    *
                                           types of SCSRs used at the mine, which                  INVESTIGATION, REPORTS AND
                                           includes assuming a donning position,                   RECORDS OF ACCIDENTS, INJURIES,                       § 75.380   [Amended].
                                           opening the device, activating the                      ILLNESSES, EMPLOYMENT, AND                            I 12. Remove paragraph (n) from
                                           device, inserting the mouthpiece or                     COAL PRODUCTION IN MINES                              § 75.380.
                                           simulating this task while explaining                                                                         I 13. Amend § 75.381 by adding
                                           proper insertion of the mouthpiece, and                 I 7. Revise the authority citation for Part
                                                                                                                                                         paragraph (c)(5) to read as follows:
                                           putting on the nose clip; and                           50 to read as follows:
                                              (ii) Hands-on training in transferring                 Authority: 29 U.S.C. 557(a); 30 U.S.C. 951,         § 75.381   Escapeways; anthracite mines.
                                           from one self-rescue device to an SCSR.                 957, 961.                                             *      *     *    *     *
                                           *       *    *     *     *                              I   8. Revise § 50.10 to read as follows:               (c) * * *
                                              (f) Coal miners receiving training                                                                           (5) Provided with a continuous
                                           under this section shall participate in                 § 50.10    Immediate notification.                    directional lifeline or equivalent device
                                           the next drill as required in §§ 75.383(b)                 If an accident occurs, an operator                 that shall be—
                                           or 75.1502(c) of this chapter, as                       shall immediately contact the MSHA                      (i) Installed and maintained
                                           applicable.                                             District Office having jurisdiction over              throughout the entire length of each
                                           I 5. Amend § 48.8 by revising paragraph                 its mine. If an operator cannot contact               escapeway as defined in paragraph (b)
                                           (b)(8) to read as follows.                              the appropriate MSHA District Office, it              of this section;
                                                                                                   shall immediately contact the MSHA                      (ii) Made of durable material;
                                           § 48.8 Annual refresher training of miners;
                                           minimum courses of instruction; hours of                Headquarters Office in Arlington,                       (iii) Marked with a reflective material
                                           instruction.                                            Virginia by telephone, at (800) 746–                  every 25 feet;
                                                                                                   1553. The operator shall contact MSHA                   (iv) Located in such a manner for
                                           *       *    *     *     *
                                              (b) * * *                                            as described at once without delay and                miners to use effectively to escape;
                                              (8) Self-rescue and respiratory                      within 15 minutes. If communications                    (v) Equipped with directional
                                           devices. For underground coal miners                    are lost because of an emergency or                   indicators, signifying the route of
                                           subject to § 75.1502, the training                      other unexpected event, the operator                  escape, placed at intervals not
                                           required by paragraphs (i) and (ii) of this             shall notify MSHA at once without                     exceeding 100 feet; and
                                           section are satisfied by meeting the                    delay and within 15 minutes of having                   (vi) Securely attached to and marked
                                           requirements of § 75.1502. The course                   access to a telephone or other means of               to show the location of any SCSR
                                           shall include instruction and                           communication.                                        storage locations in the escapeways.
                                           demonstration in the use, care, and                                                                           *      *     *    *     *
                                                                                                   PART 75—MANDATORY SAFETY
                                           maintenance of self-rescue and
                                                                                                   STANDARDS—UNDERGROUND COAL                            § 75.383   [Amended].
                                           respiratory devices used at the mine.
                                                                                                   MINES                                                 I 14. Remove paragraph (c) from
                                           This training shall include:
                                              (i) For the use of self-contained self-                                                                    § 75.383.
                                                                                                   I 9. The authority citation for part 75
                                           rescue (SCSR) devices: Hands-on                         continues to read as follows:                         I 15. Amend § 75.1502 by revising
                                           training in the complete donning of all                                                                       paragraphs (a) and (c) and by adding
                                           types of SCSRs used at the mine, which                      Authority: 30 U.S.C. 811.                         paragraph (d) to read as follows.
                                           includes assuming a donning position,                   § 75.350    [Amended].
                                           opening the device, activating the                                                                            § 75.1502 Mine emergency evacuation and
                                           device, inserting the mouthpiece or                     I 10. Remove paragraph (b)(7) in                      firefighting program of instruction.
                                           simulating this task while explaining                   § 75.350.                                               (a) Approved program of instruction.
                                           proper insertion of the mouthpiece, and                 I 11. Amend § 75.380 by adding                        Each operator of an underground coal
                                           putting on the nose clip; and                           paragraph (d)(7) to read as follows.                  mine shall adopt and follow a mine
                                              (ii) Hands-on training in transferring                                                                     emergency evacuation and firefighting
                                           from one self-rescue device to an SCSR.                 § 75.380 Escapeways; bituminous and                   program that instructs all miners in the
                                                                                                   lignite mines.                                        proper evacuation procedures they must
                                           *       *    *     *     *
                                                                                                   *      *     *    *     *                             follow if a mine emergency occurs.
                                           I 6. Amend § 48.11 by revising
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                                                                                                     (d) * * *                                             (1) The approved program shall
                                           paragraph (a)(4) to read as follows.
                                                                                                     (7) Provided with a continuous                      include a specific plan designed to
                                           § 48.11   Hazard training.                              directional lifeline or equivalent device             instruct miners on all shifts on the
                                             (a) * * *                                             that shall be:                                        following:
                                             (4) Use of self-rescue and respiratory                  (i) Installed and maintained                          (i) Procedures for evacuating the mine
                                           devices, including:                                     throughout the entire length of each                  for mine emergencies that present an


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                                           12270              Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Rules and Regulations

                                           imminent danger to miners due to fire,                  evacuation drill shall not be conducted               material shall be posted leading to each
                                           explosion, or gas or water inundation.                  in the same escapeway as the                          cache.
                                              (ii) Scenarios of the various mine                   immediately preceding drill. At a                     I 17. Add § 75.1714–4 to read as
                                           emergencies (fires, explosions, or gas or               minimum, this drill shall include:                    follows:
                                           water inundations) and the best options                    (i) Physically locating continuous
                                           for evacuation under each type of                       directional lifelines or equivalent                   § 75.1714–4 Additional Self-Contained
                                           emergency. These options shall include                  devices and stored SCSRs;                             Self-Rescuers.
                                           conditions in the mine that will require                   (ii) Hands-on training in the complete                (a) In addition to the requirements in
                                           immediate donning of self-rescue                        donning of all types of SCSRs used at                 §§ 75.1714, 75.1714–1, 75.1714–2, and
                                           devices.                                                the mine, which includes assuming a                   75.1714–3, the mine operator shall
                                              (iii) Procedures for evacuating all                  donning position, opening the device,                 provide for each person who is
                                           miners not required for a mine                          activating the device, inserting the                  underground at least one additional
                                           emergency response.                                     mouthpiece or simulating this task                    SCSR device, which provides protection
                                              (iv) Procedures for the rapid assembly               while explaining proper insertion of the              for a period of one hour or longer, to
                                           and transportation of necessary miners,                 mouthpiece, and putting on the nose                   cover all persons in the mine.
                                           fire suppression equipment, and rescue                  clip; and                                                (b) If a mantrip or mobile equipment
                                           apparatus to the scene of the mine                         (iii) Hands-on training in transferring            is used to enter or exit the mine,
                                           emergency.                                              from one self-rescue device to an SCSR.               additional SCSR devices, each of which
                                              (v) Operation of the fire suppression                   (3) The operator shall certify by                  provides protection for a period of one
                                           equipment available in the mine.                        signature and date that the mine                      hour or longer, shall be available for all
                                              (vi) Location and use of firefighting                emergency evacuation drills were held                 persons who use such transportation
                                           equipment and materials.                                in accordance with the requirements of                from portal to portal.
                                              (vii) Location of escapeways, exits,                 this section. This certification shall                   (c) When the SCSR devices otherwise
                                           and routes of travel to the surface,                    include the names of the miners                       required by paragraph (a) of § 75.1714
                                           including the location and use of                       participating in each drill. Certifications           are not adequate to provide enough
                                           continuous directional lifelines or                     shall be kept at the mine for one year                oxygen for all persons to safely evacuate
                                           equivalent devices.                                     and made available on request to an                   the mine under mine emergency
                                              (viii) Locations, quantity, types, and               authorized representative of the                      conditions, the mine operator shall
                                           use of stored SCSRs, if applicable.                     Secretary, and to the representative of               provide additional SCSR devices in the
                                              (2) The mine emergency evacuation                    the miners.                                           primary and alternate escapeways.
                                           instruction and drills shall be                            (4) These mine emergency evacuation
                                                                                                                                                         Under these circumstances, the mine
                                           conducted by a person who is                            drills may be used to satisfy the
                                                                                                                                                         operator shall submit an outby SCSR
                                           designated by the mine operator and                     evacuation specifications of the drills
                                                                                                                                                         storage plan to the appropriate District
                                           who has the ability, training,                          required by paragraph (b) of § 75.383 of
                                                                                                                                                         Manager for approval. The mine
                                           knowledge, or experience to provide                     this part.
                                                                                                                                                         operator shall include in the outby
                                           training to miners in his or her area of                   (d) Each underground coal operator
                                                                                                                                                         SCSR storage plan that is required by
                                           expertise. Persons conducting donning                   shall submit for approval a revised
                                                                                                                                                         this paragraph, the location, quantity,
                                           and transferring training shall be able to              program of instruction to the
                                                                                                                                                         and type of additional SCSR devices,
                                           effectively train and evaluate whether                  appropriate District Manager no later
                                                                                                                                                         each of which provides protection for a
                                           miners can successfully don the SCSR                    than April 10, 2006. Within 2 weeks of
                                                                                                                                                         period of one hour or longer, that are
                                           and transfer to additional SCSR devices.                program approval the operator shall
                                                                                                                                                         stored in the primary and alternate
                                              (3) The operator shall submit this                   train in accordance with the revised
                                                                                                                                                         escapeways. The outby SCSR storage
                                           program of instruction, and any                         program.
                                                                                                                                                         plan shall also show how the storage
                                           revisions, for approval to the District                 I 16. Amend § 75.1714–2 by revising
                                                                                                                                                         location(s) in the primary and alternate
                                           Manager of the Coal Mine Safety and                     paragraphs (f) and (g)(2) to read as                  escapeways was determined. The
                                           Health district in which the mine is                    follows:                                              District Manager may require the mine
                                           located. Before implementing any new                    § 75.1714–2 Self-rescuer devices; use and             operator to demonstrate that the
                                           or revised approved provision, the                      location requirements.                                location, quantity, and type of the
                                           operator shall instruct miners in the                   *      *     *     *    *                             additional SCSRs provide protection to
                                           changes.                                                   (f) A sign with the word ‘‘SELF-                   all persons to safely evacuate the mine.
                                           *       *    *     *     *                              RESCUER’’ or ‘‘SELF-RESCUERS’’ shall                  The outby SCSR storage plan shall be
                                              (c) Mine emergency evacuation drills.                be conspicuously posted at each storage               kept current by the mine operator and
                                           Each operator of an underground coal                    location and shall be made of reflective              made available for inspection by an
                                           mine shall require all miners to                        material. Direction signs made of a                   authorized representative of the
                                           participate in mine emergency                           reflective material shall be posted                   Secretary and by the miners’
                                           evacuation drills.                                      leading to each storage place.                        representative.
                                              (1) Mine emergency evacuation drills                    (g) * * *                                             (d) All SCSR devices required under
                                           shall be held at periods of time so as to                  (2) The 1-hour canister shall be                   this section shall be stored in locations
                                           ensure that all miners participate in                   available at all times to all persons                 that are conspicuous and that are
                                           such evacuations at intervals of not                    when underground in accordance with                   readily accessible by each person in the
                                           more than 90 days.                                      a plan submitted by the mine operator                 mine. In addition, all SCSR devices
                                              (2) For purposes of this paragraph (c),              and approved by the District Manager.                 required under this section shall be
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                                           a mine emergency evacuation drill                       When the one-hour canister is placed in               stored according to manufacturers’
                                           means that the miner shall travel the                   a cache or caches, a sign made of a                   instructions.
                                           primary or alternate escapeway, from                    reflective material with the word                        (e) A sign made of reflective material
                                           the working section or the miner’s work                 ‘‘SELF-RESCUERS’’ shall be                            with the words ‘‘SELF-RESCUERS’’
                                           station, to the surface or the exits at the             conspicuously posted at each cache, and               shall be conspicuously posted at each
                                           bottom of the shaft or slope. An                        direction signs made of a reflective                  storage location and direction signs


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                                                              Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Rules and Regulations                                          12271

                                           made of a reflective material shall be                  § 75.1714–5 Map locations of Self-                    § 75.1714–2 and paragraph 75.1714–4(c)
                                           posted leading to each storage location.                Contained Self-Rescuers.                              on the posted § 75.383 mine escapeway
                                                                                                     The mine operator shall include the                 map and on the § 75.1200 mine map.
                                           I 18. Add § 75.1714–5 to read as
                                           follows.                                                storage location(s) of all SCSR devices               [FR Doc. 06–2255 Filed 3–7–06; 8:45 am]
                                                                                                   subject to storage plans as required by               BILLING CODE 4510–43–P
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