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November 7, 2008    DOL Home > Rulemaking > Unified Agenda

MSHA Unified Agenda - [Completed Actions]

RIN: 1205-AB53 Publication ID: Spring 2008 

Title: Mine Rescue Teams 

Abstract: On June 15, 2006, Pub. L. 109-236 or the Mine Improvement and New Emergency Response Act (MINER Act) of 2006 became effective. This rulemaking implements section 4 of the MINER Act by amending existing standards and developing new standards to provide for certification, composition, and training requirements for mine rescue teams in underground coal mines. Mine rescue team members also must be at the mine within an hour from the mine rescue station; requirements for mine rescue teams are set forth in 30 CFR part 49. 

Agency: Department of Labor(DOL) 

Priority: Other Significant 

RIN Status: Previously published in the Unified Agenda 

Agenda Stage of Rulemaking: Completed Actions 

Major: No 

Unfunded Mandates: No 

CFR Citation: 30 CFR 49 (To search for a specific CFR, visit the Code of Federal Regulations.

Legal Authority: 30 USC 957; 30 USC 811; 30 USC 825 

Legal Deadline:
Action Source Description Date
Final  Statutory    12/15/2007 

Statement of Need: Section 4 of the MINER Act requires the Secretary of Labor to finalize mandatory health and safety standards relating to mine rescue teams in underground coal mines no later than December 15, 2007. Existing standards require properly trained mine rescue teams to be available within 2 hours to the mine rescue station during mine emergencies. The MINER Act requires team members to have underground coal mining experience and requires teams to participate in mine rescue contests. The MINER Act also provides for multi-employer teams, State-sponsored teams, and contract teams to ensure the availability of qualified mine rescue teams.

Summary of the Legal Basis: Promulgation of this regulation is authorized by the Federal Mine Safety and Health Act of 1977 and the MINER Act of 2006.

Alternatives: As required by the MINER Act, MSHA must publish a regulation on mine rescue teams.

Anticipated Costs and Benefits: The proposed rule would increase safety and improve effectiveness of mine rescue teams. MSHA estimates that the yearly cost of the final rule will be $4.8 million for the underground coal mine industry and $0.1 million for State-sponsored mine rescue teams.

Risks: Mine explosions at the Sago Mine and Darby No. 1 Mine and a mine fire at the Alma Mine in 2006 resulted in the deaths of 19 underground coal miners. Explosions, fires, and the migration of potentially explosive methane-air mixtures from worked-out areas to the working areas of an underground coal mine endanger all miners who work in the mine, including potential rescuers.

Timetable:
Action Date FR Cite
NPRM  09/06/2007  72 FR 51320 
NPRM Comment Period End  11/09/2007   
NPRM Comment Period Extended  11/16/2007  72 FR 63530 
Final Action  02/08/2008  73 FR 7636 
Final Action Effective  02/08/2008   

Regulatory Flexibility Analysis Required: No 

Government Levels Affected: State 

Small Entities Affected: Businesses 

Federalism: No 

Included in the Regulatory Plan: Yes 

RIN Information URL: www.msha.gov/regsinfo.htm  

Public Comment URL: www.regulations.gov  

RIN Data Printed in the FR: No 

Agency Contact:
Patricia W. Silvey
Director, Office of Standards, Regulations, and Variances
Department of Labor
Mine Safety and Health Administration
Room 631, 1100 Wilson Boulevard, Room 2350,
Arlington, VA 22209-3939
Phone:202 693-9440
Fax:202 693-9441
Email: silvey.patricia@dol.gov



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