[Federal Register: March 9, 2006 (Volume 71, Number 46)]
[Rules and Regulations]
[Page 12251-12271]
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Part III
Department of Labor
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Mine Safety and Health Administration
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30 CFR Parts 48, 50, and 75
Emergency Mine Evacuation; Final Rule
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 48, 50, 75
RIN 1219-AB46
Emergency Mine Evacuation
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Emergency Temporary Standard; Notice of public hearings; Notice
of close of comment period.
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SUMMARY: The Mine Safety and Health Administration is issuing an
emergency temporary standard under section 101(b) of the Federal Mine
Safety and Health Act of 1977 in response to the grave danger which
miners are exposed to during underground coal mine accidents and
subsequent evacuations. The January 2006 mine accidents and fatalities
demonstrate the need for the Mine Safety and Health Administration to
take additional action that protects miners from the grave danger that
they face when they must evacuate a mine after an emergency occurs.
This emergency temporary standard includes requirements for immediate
accident notification applicable to all underground and surface mines.
In addition, this ETS addresses self-contained self-rescuer storage and
use; evacuation training; and the installation and maintenance of
lifelines in underground coal mines.
DATES: This emergency temporary standard is effective March 9, 2006.
The public hearings will be held on April 11, 2006, April 24, 2006,
April 26, 2006, and April 28, 2006 at the locations listed in the
Public Hearings section below under SUPPLEMENTARY INFORMATION. If
individuals or organizations wish to make an oral presentation for the
record, the Mine Safety and Health Administration (MSHA) is asking that
you submit your request at least 5 days prior to the hearing dates. The
comment period will close on May 30, 2006.
ADDRESSES: Comments may be submitted by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: zzMSHA-Comments@dol.gov. Include the Regulatory
Information Number (RIN) for this rulemaking (RIN 1219-AB46 in the
subject line of the message.
Fax: (202) 693-9441. Include RIN 1219-AB46 in the subject
line of the fax.
Mail/Hand Delivery/Courier: Mine Safety and Health
Administration, Office of Standards, Regulations, and Variances, 1100
Wilson Blvd., Room 2350, Arlington, Virginia 22209-3939. If hand-
delivered in person or by courier, please stop by the 21st floor first
to check in with the receptionist before continuing on to the 23rd
floor.
Instructions: All submissions must reference the MSHA and RIN 1219-
AB46.
Docket Access: To access comments electronically, go to http://www.msha.gov/currentcomments.asp.
All comments received will be posted
without change at this Web address, including any personal information
provided. Paper copies of the comments may also be reviewed at the
Office of Standards, Regulations, and Variances, 1100 Wilson Blvd.,
Room 2350, Arlington, Virginia. MSHA maintains a listserve on the
Agency's Web site that enables subscribers to receive e-mail
notification when rulemaking documents are published in the Federal
Register. To subscribe to the listserve, visit the site at http://www.msha.gov/subscriptions/subscribe.aspx.
Information Collection Requirements: Comments concerning the
information collection requirements must be clearly identified as such
and sent to both the Office of Management and Budget (OMB) and MSHA as
follows:
(1) OMB: All comments must be sent by mail addressed to the Office
of Information and Regulatory Affairs, Office of Management and Budget,
New Executive Office Building, 725 17th Street, NW., Washington, DC
20503, Attn: Desk Officer for MSHA; and
(2) MSHA: Comments must be clearly identified by RIN 1219-AB46 as
comments on the information collection requirements and transmitted
either electronically to zzMSHA-Comments@dol.gov, by facsimile to (202)
693-9441, or by regular mail, hand delivery, or courier to MSHA, Office
of Standards, Regulations, and Variances, 1100 Wilson Blvd., Room 2350,
Arlington, Virginia 22209-3939.
FOR FURTHER INFORMATION CONTACT: Robert Stone, Acting Director, Office
of Standards, Regulations, and Variances, MSHA, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia 22209-3939. Mr. Stone can be reached at
Stone.Robert@dol.gov (Internet E-mail), (202) 693-9445 (voice), or
(202) 693-9441 (facsimile).
SUPPLEMENTARY INFORMATION: The outline of this notice is as follows:
I. Public Hearings
II. Introduction
III. Basis for the Emergency Temporary Standard
A. Regulatory Authority
B. Grave Danger
IV. Discussion of the Emergency Temporary Standard
A. Background
B. General Discussion
C. Section-by-Section Discussion
V. Executive Order 12866
A. Population-at-Risk
B. Benefits
C. Compliance Costs
VI. Feasibility
VII. Regulatory Flexibility Act and Small Business Regulatory
Enforcement Fairness Act (SBREFA)
A. Definition of a Small Mine
B. Factual Basis for Certification
VIII. Paperwork Reduction Act of 1995
A. Summary
B. Details
IX. Other Regulatory Considerations
X. Emergency Temporary Standard--Regulatory text
I. Public Hearings
The public hearings will begin at 9 a.m. and end after the last
scheduled speaker speaks (in any event not later than 5 p.m.) on the
following dates at the locations indicated:
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Date Location Phone
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April 11, 2006................ Marriott Town Center, 304-345-6500
200 Lee Street, East
Charleston, WV 25301.
April 24, 2006................ Sheraton Denver West 303-987-2000
Hotel, 360 Union
Boulevard, Lakewood, CO
80228.
April 26, 2006................ Sheraton Suites, 2601 859-268-0060
Richmond Road,
Lexington, KY 40506.
April 28, 2006................ MSHA Conference Room, 202-693-9440
25th Floor, 1100 Wilson
Boulevard, Arlington,
VA 22209.
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The hearings will begin with an opening statement from MSHA,
followed by an opportunity for members of the public to make oral
presentations. You do not have to make a written request to speak.
Speakers will speak in the order that they sign in. Any unallotted time
will be made available for persons making same-day requests. At the
discretion of the presiding official, the time allocated to speakers
for their presentation may be limited.
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Speakers and other attendees may also present information to the MSHA
panel for inclusion in the rulemaking record.
The hearings will be conducted in an informal manner. The hearing
panel may ask questions of speakers. Although formal rules of evidence
or cross examination will not apply, the presiding official may
exercise discretion to ensure the orderly progress of the hearing and
may exclude irrelevant or unduly repetitious material and questions. A
verbatim transcript of the proceedings will be prepared and made a part
of the rulemaking record. Copies of the transcript will be available to
the public. The transcript will also be available on MSHA's Home Page
at http://www.msha.gov, under Statutory and Regulatory Information.
MSHA will accept post-hearing written comments and other
appropriate data for the record from any interested party, including
those not presenting oral statements. Written comments will be included
in the rulemaking record.
II. Introduction
This emergency temporary standard (ETS) is issued in accordance
with section 101(b) of the Federal Mine Safety and Health Act of 1977
(Mine Act), 30 U.S.C. 811. The ETS establishes or revises standards in
part 48--Training and retraining of miners; part 50--Notification,
investigation, reports, and records of accidents, injuries, illnesses,
employment and coal production in mines; part 75--subpart D--
Ventilation, Sec. Sec. 75.380 and 75.381; Emergency Evacuations Sec.
75.1502--Mine emergency evacuation and firefighting program of
instruction, and subpart R--Miscellaneous, Sec. 75.1714--Availability
of approved self-rescue devices; instruction in use and location.
In accordance with section 101(b)(3) of the Mine Act, this ETS will
also serve as the Agency's proposed rule. The preamble discusses
specific provisions that may be included in the final rule and MSHA
solicits comments on these provisions.
III. Basis for the Emergency Temporary Standard
A. Regulatory Authority
Section 101(b) of the Mine Act provides that:
1. The Secretary shall provide, without regard to the requirements
of chapter 5, title 5, United States Code, for an emergency temporary
mandatory health or safety standard to take immediate effect upon
publication in the Federal Register if [s]he determines (A) that miners
are exposed to grave danger from exposure to substances or agents
determined to be toxic or physically harmful, or to other hazards, and
(B) that such emergency standard is necessary to protect miners from
such danger.
2. A temporary mandatory health or safety standard shall be
effective until superseded by a mandatory standard promulgated in
accordance with the procedures prescribed in paragraph (3) of this
subsection.
3. Upon publication of such standard in the Federal Register, the
Secretary shall commence a proceeding in accordance with section
101(a), and the standards as published shall also serve as a proposed
rule for the proceeding. The Secretary shall promulgate a mandatory
health or safety standard under this paragraph no later than nine
months after publication of the emergency temporary standard as
provided in paragraph (2).
An ETS is an extraordinary measure provided by the Mine Act to
enable MSHA ``to react quickly to grave dangers that threaten miners
before those dangers manifest themselves in serious or fatal injuries
or illnesses.'' S. Rept. 181, 95th Cong., 1st Sess. 23 (1977).
Additionally, ``* * * once the Secretary has identified a grave danger
that threatens miners the Committee expects the Secretary to issue an
emergency temporary standard as quickly as possible, not necessarily
waiting until [she] can investigate how well that grave danger is being
managed or controlled in particular mines.'' Senate Report at 24. An
ETS takes effect upon publication in the Federal Register, and is a
fully enforceable standard.
To assure the comprehensive protection of miners, the ETS authority
applies to all types of grave dangers without qualification. The
legislative history of the Mine Act emphasizes that ``to exclude any
kind of grave danger would contradict the basic purpose of emergency
temporary standards--protecting miners from grave dangers.'' S. Rept.
181, 95th Cong., 1st Sess., 24 (1977). The ETS authority thus covers
dangers arising from exposure to toxic or physically harmful substances
or agents and to ``other hazards.'' It applies to dangers longstanding
or novel, to dangers that ``result from conditions whose harmful
potential has just been discovered'' or to which large numbers of
miners are ``newly exposed.'' Id.
A record of fatalities or serious injuries is not necessary before
an ETS can be issued because ``[d]isasters, fatalities, and
disabilities are the very thing this provision is designed to
prevent.'' Id. at 23. At the same time, the legislative history of the
Mine Act is clear that an ETS is not limited to new dangers in the
mining industry: ``That a danger has gone unremedied should not be a
bar to issuing an emergency standard. Indeed, if such is the case the
need for prompt action is that much more pressing.'' Id. at 24.
When issuing an ETS, MSHA is ``not required to prove the existence
of grave danger as a matter of record evidence prior to taking
action.'' Id. The legislative history expressly recognizes ``the need
to act quickly where, in the judgment of the Secretary, a grave danger
to miners exists.'' Id. The ETS is a critical statutory tool that MSHA
can use to take immediate action to prevent the loss of life in the
mines. MSHA accordingly has employed an ETS previously to order
``hands-on'' training for miners in the use of self-contained self-
rescue (SCSR) devices, 52 FR 24373 (June 30, 1987), and to order
certain training and mine evacuation procedures for underground coal
mines, 67 FR 76658 (December 12, 2002).
B. Grave Danger
In response to the recent accidents at the Sago Mine on January 2,
2006 and the Aracoma Alma No. 1 Mine on January 19, 2006, MSHA has
determined that new accident notification, safety and training
standards are necessary to further protect miners when a mine accident
takes place. First, mine operators must immediately notify MSHA within
15 minutes after determining that an accident has occurred so that the
coordination of appropriate mine rescue or other emergency response can
begin as soon as possible. Such immediate notification will enable help
to arrive sooner at the mine, and protect miners from the grave dangers
of physical injury and death. Immediate notification of a mine accident
to MSHA in emergency situations enables the District Manager to
activate the District's emergency response plan. Each Coal Mine Safety
and Health District and Metal/Nonmetal Safety and Health District have
an emergency response plan which provides for MSHA personnel to perform
specific tasks, including the contacting of additional mine rescue
teams if needed, issuing a section 103(k) order at the mine, directing
MSHA inspectors to the mine site and initiating liaison with MSHA
headquarters in Arlington, Virginia. Mine operators who do not
immediately notify MSHA of accidents within the 15 minute time period
increase the possibility of serious physical injury or death to miners
because assistance may not arrive quickly enough. If the nature of the
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accident is such that additional mine rescue teams are needed (i.e., to
conduct rescue or recovery operations in irrespirable air), MSHA can
help in procuring extra mine rescue teams who can provide assistance at
the accident site.
Miners working underground when a mine accident occurs must be able
to rapidly find lifesaving devices and use those devices to help them
prevent injury, evacuate the mine quickly, and save their lives. Access
to these devices and techniques for survival (including storage
locations of supplemental SCSRs and more frequent training in their
use, lifelines, and proper training in mine evacuations) is essential
when a miner is underground and a mine fire, explosion, or other type
of mine emergency happens. Use of these devices along with proper
training will help miners quickly and safely escape from an accident
underground, and will help prevent miners from suffering injury and
death immediately after the occurrence of a mine accident. The current
lack of available supplemental SCSRs, the lack of training in deploying
a supplemental SCSR in irrespirable mine atmospheres, and the lack of
lifelines in both required underground coal mine escapeways present a
grave danger to miners when a fire, explosion, or other mine emergency
occurs.
Miners who do not have access to additional SCSRs for escape and
training in their deployment, and who do not have lifelines installed
in the mine escapeways face a serious risk of physical injury and death
from the hazards listed below.
Underground coal mines are dynamic work environments where the
working conditions change rapidly and sometimes without warning.
Diligent compliance with safety and health standards and safety
conscious work habits provide a substantial measure of protection
against the occurrence of mine accidents and emergencies. While MSHA
has not yet determined the causes of the Sago and Alma mine accidents,
in the high hazard environment where coal miners work, the danger of a
fire, explosion, or gas or water inundation is always present. Methane
gas or coal dust can be ignited by a spark from electrical equipment,
resulting in an explosion. Fire can break out on mining equipment, and
can rapidly spread to surrounding coal deposits. Fire may also start
due to friction points becoming hot on or near conveyor belt systems
and rollers underground. Caved or mined out areas which contain coal
and accumulated gas can be the locations for explosions caused by rock
falls, and in some instances, fires are started by spontaneous
combustion. Moreover, when active mines are connected into previously
mined out areas, there is also the risk of exposure to an oxygen
deficient atmosphere that can cause asphyxiation. Finally, when mining
near other mined out areas, there can be a risk of water inundation.
MSHA standards are designed to prevent these types of hazards from
developing into catastrophic mine accidents. However, the timing and
severity of mine accidents are unpredictable. When they occur,
immediate notification of MSHA by the mine operator and additional
safeguards installed underground will help miners escape safely. MSHA
intends that miners not required to respond to a mine emergency should
seek to evacuate areas where accidents have occurred and leave the mine
as quickly as possible. This intent is consistent with existing
paragraph (a) of 30 CFR 75.1502. These provisions require, first, that
the mine operator have procedures for mine emergency evacuations when
emergencies present an imminent danger to miners due to fire,
explosion, or gas or water inundation and, second, that miners not
required for a mine emergency response must evacuate the mine.
The Secretary has determined that miners are exposed to grave
danger when a mine accident occurs and the mine operator does not
immediately, that is, within 15 minutes, notify MSHA about the
accident. Delay in notification may slow down the arrival of mine
rescue assistance and the arrival of MSHA personnel who can provide
assistance at the mine site. The Secretary has further determined that
miners are exposed to grave danger when a mine accident occurs and
miners do not have access to supplemental SCSRs for escape; prior
training, including drills, in deploying these supplemental SCSRs in
irrespirable atmospheres; and lifelines to guide miners through the
designated escapeways to escape from the mine. Without these devices
and training, miners are exposed to grave danger because they are not
prepared and equipped to take action to safely escape from the mine.
IV. Discussion of the Emergency Temporary Standard
A. Background
During the month of January 2006, an explosion at the Sago Mine in
Tallmansville, West Virginia resulted in 12 fatalities, and a fire at
the conveyor belt drive at the Aracoma Alma Mine No. 1 in Melville,
West Virginia resulted in two fatalities for a total of 14 deaths of
miners. While the MSHA accident investigations are not complete and
accident reports have not been written, MSHA believes that the
implementation of this ETS will fill a critical need to improve the
ability of underground coal miners to evacuate a mine after a mine
emergency occurs.
Even though the MSHA accident investigation for the Sago mine is
not yet complete, it is known that one crew successfully evacuated the
mine. While the members of the second crew that survived the explosion
donned SCSRs, they did not successfully evacuate the mine. Similarly,
at the Alma No. 1 Mine, the MSHA accident investigation is not yet
complete. While all of the twelve miners affected by the fire donned
SCSRs, only ten of them successfully escaped. Two of the 12 miners in
the area of the fire did not successfully evacuate the mine. It is not
yet known what happened to prevent those two miners from evacuating the
mine with the others. MSHA believes that the requirements implemented
under this ETS would have provided the deceased miners with the tools
and training needed for them to have had a better chance of completing
a successful evacuation.
B. General Discussion
1. Part 48--Training and Retraining of Miners and Section 75.1502--Mine
Emergency Evacuation and Firefighting Program of Instruction
a. Introduction
The best technology, equipment, and emergency supplies are of
little use if they are misused or not used at all. Emergencies can
incite disorientation and panic. Quality of judgment in how to proceed
in a given emergency can be decisive for survival. Training is critical
for instilling the discipline, confidence, and skill necessary to
successfully escape and survive an emergency. The ETS enhances existing
training requirements to help ensure that underground coal miners can
effectively respond and ``know the drill'' to get out of the mine
alive.
This ETS modifies various provisions in Sec. Sec. 48.5, 48.6,
48.8, 48.11, and 75.1502. These modifications provide a more integrated
training approach so miners will have the skills to evacuate a mine
during an emergency. This enhanced training approach requires more
frequent ``hands-on'' training and actual drills in evacuating the
mine. In this ETS, MSHA requires that all persons, before entering an
underground mine, have the skills to don and transfer
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all SCSRs used in that mine. This ETS includes a new provision in
Sec. Sec. 48.5, 48.6, 48.8, and 48.11 to provide the new miner, newly
hired experienced miner, and visitors with ``hands-on'' training in the
transferring of self-rescue devices in addition to the required
``hands-on'' donning training.
Once a miner starts working in a mine, this ETS requires that the
actual ``hands-on'' training for donning and transferring of self-
rescue devices becomes part of the actual evacuation drill required in
Sec. 75.1502. Because miners will now receive ``hands-on'' SCSR
training at least four times a year as part of the evacuation drill
required under Sec. 75.1502, they will not be required to receive
``hands-on'' training as part of their annual refresher training under
part 48. Also, included in these evacuation drills is the training in
the location and use of directional lifelines or equivalent devices,
mine emergency scenarios, and stored SCSRs. This ETS requires the mine
operator to have the miners walk the escapeways and to physically
locate the lifelines and stored SCSRs instead of permitting a
simulation drill. Further, the ETS permits the mine emergency
evacuation drills in Sec. 75.1502 to satisfy the evacuation practice
drill requirements in Sec. 75.383.
Various provisions of Sec. Sec. 48.5--Training of new miners;
minimum courses of instruction; hours of instruction; 48.6--Experienced
miner training; 48.8--Annual refresher training of miners; minimum
courses of instruction; hours of instruction; and 48.11--Hazard
training are affected by this ETS.
Since 1980, each miner working in an underground coal mine has been
required to have access to an SCSR that provides at least one hour of
oxygen for escape from the mine during an emergency. If an emergency
arises, many miners may have to escape through long and difficult
underground travelways containing irrespirable air.
MSHA has identified problems related to skill degradation in the
use of SCSRs in mine emergencies (described below in the discussion of
research and studies). This ETS reflects the Agency's belief that more
frequent SCSR training is necessary. There is support in the mining
community for more frequent training to improve the miner's ability to
properly don the devices and retain these vital skills for longer
periods of time.
For instance, MSHA sponsored a Mine Emergency Preparedness
Conference in January 1995 to provide a forum for members of the mining
community to share their insights and to help shape the future of mine
emergency preparedness. Representatives from two major labor unions
expressed some doubt that, given the existing levels of training,
miners were prepared to escape with the use of SCSRs and that they were
already familiar with escape routes. One of the recommendations for
further action was that SCSR proficiency could be increased by
integrating SCSR training with evacuation and fire drills.
To minimize problems and enhance a coal miner's skill in handling
emergency situations, this ETS includes additional training
requirements. The new requirements increase the frequency of SCSR
training from annually to within every 90 days and include hands-on
training in the donning, use, and transfer of self-rescue devices as
part of the regular mine emergency drills. These drills also will
consist of locating the continuous directional lifelines or equivalent
devices and stored SCSRs. Finally, the ETS will allow a mine operator
to use the drills required under new paragraph 75.1502(c) to comply
with the requirements for drills specified in existing Sec. 75.383. In
addition, the ETS permits the mine emergency evacuation drills in Sec.
75.1502 to satisfy evacuation practice drill requirements in Sec.
75.383.
b. Research and Studies
MSHA has identified a number of research studies that support this
ETS. In 1990, researchers from the U.S. Bureau of Mines (now the Office
of Mine Safety and Health Research, National Institute for Occupational
Safety and Health (NIOSH)) and the University of Kentucky concluded a
series of studies related to SCSR donning proficiency and use in an
emergency. They looked at ``the procedures taught during the training,
the use of any training models; the opportunity to practice donning and
using the respirator; and on-the-job training.'' The researchers
dismissed the notion that SCSRs were simple to don. They concluded that
``companies should adopt a hands-on training protocol that allows them
to integrate SCSR donning practice into other workplace routines such
as fire [drills]'' (U.S. Bureau of Mines, 1993).
Another U.S. Bureau of Mines study reported that a computer
simulation showed that relative survival odds for different mines can
vary by as much as 30 percent and that this difference is due to SCSR
donning proficiency (Kovac, Vaught, and Brnich, 1990).
MSHA recognizes that with any ``nonroutine'' task, such as donning
and transferring of self-rescue devices, knowledge and skill diminish
rapidly. The U.S. Bureau of Mines, in a review of literature related to
motor skill degradation (1993 BOM Bulletin 695), found that researchers
are aware of this problem.
After conducting the series of studies on donning proficiency, the
U.S. Bureau of Mines and University of Kentucky researchers also
concluded in 1993 that a better training system for donning SCSRs was
needed (Vaught, et al., 1993). The ``3+3 donning'' method improved
donning proficiency, but did not eliminate the problem of skill
degradation. In a field test for this donning method, almost all of the
persons who went through the program were able to successfully complete
the donning procedures. The ``3+3 donning'' method is a method of
learning how to properly don an SCSR and was developed by MSHA and
NIOSH. The first ``3'' steps of the method specifically train the user
to begin the donning routine by concentrating on the breathing zone.
Those steps include activating the oxygen supply, inserting the
mouthpiece and affixing the noseclips. The second ``3'' steps involve
adjustments to the unit's goggles and neck strap, and the miner's
hardhat.
These studies further determined the effectiveness of the ``3+3''
donning procedures and support a need for more frequent training, such
as every 90 days. In this study, 88 miners were trained in the ``3+3''
method until they could proficiently don the SCSR. A week after
receiving the training, 32 of these miners were randomly selected to
test their SCSR donning skills. In this test, most of the miners could
still put on an SCSR proficiently. After 90 days, another sample group
was chosen for testing. In 90 days the proficiency rate dropped from 80
percent to about 30 percent.
The U.S. Department of Labor Office of Inspector General (OIG)
recommended that MSHA review the frequency and type of training
required to ensure that miners will be able to effectively use SCSRs in
an emergency (OIG, 1999).
Based on skills degradation research supporting additional self-
rescue device training, the recommendation of the Inspector General,
and past experience where improved training might have made a
difference in an escape, MSHA is increasing the frequency of training
on SCSRs to within every 90 days. The more frequent training, by
reinforcing skills, should substantially reduce motor-skill
degradation.
NIOSH has recently provided a guidance document, Informational
[[Page 12256]]
Circular 9481 (Fire Response Preparedness for Underground Mines) to the
mining industry identifying training techniques that increase skill
levels of miners to deal with underground mine fires. An important
element in developing skills necessary to react to emergencies is
``hands-on'' training (NIOSH, 2005). This report further identified
fire drills required at 90-day intervals as an important part of the
mine emergency plan that helps promote confidence in miners by showing
them how to handle an emergency situation. Another benefit of the
drills the report identified is a test of how effective the mine
emergency plan works.
c. Mine Emergency Incidents
In addition to the research, several past incidents have
highlighted problems with self-rescue device training in mine
emergencies that support the need for an integrated training approach
for emergencies. A particularly noteworthy example occurred in 1984
when 27 miners lost their lives in a fire at the Wilberg mine in
Orangeville, Utah. The final MSHA accident investigation report states
that, ``No apparent attempt was made by the miners in 5th right panel
to obtain a SCSR after the first notification of the fire and prior to
smoke arriving on the section.'' Also, after retrieving their SCSR
devices, some of the miners carried them for a distance before donning
them. Had the miners immediately gone to the stored SCSRs when notified
of the fire and donned the SCSRs, they would have greatly increased
their ability to escape from the fire and exit the mine.
The MSHA investigators reviewed each miner's activities after they
were warned of the fire. The report found ``the actions of the victims
in obtaining and using self-rescue devices indicate many were not
sufficiently instructed to be considered adequately trained in the use
of the self-rescue devices.'' Each of the 27 miners had an FSR (filter
self-rescuer). Four miners wearing FSRs walked past stored SCSRs in
their attempt to escape. They died from lack of oxygen. Three other
miners attempted escape with only an FSR and were overcome by carbon
monoxide. Six miners first attempted to use their FSRs and then
switched to their SCSRs. Four apparently died due to improper donning,
removing the mouthpiece, or switching from the FSR to the SCSR. One
miner used three SCSRs and almost made it to fresh air; however, he
removed his SCSR prematurely. The rest of the deceased miners had not
attempted to use either the FSRs or SCSRs (Huntley, et al., 1984). MSHA
believes that better training, along with a better location of stored
SCSRs could have resulted in a different outcome. Improper training of
donning and transferring from one device to another, as well as the use
of FSRs in such an environment, contributed to the severity of the
disaster.
Based on the findings at Wilberg, MSHA issued an ETS in June 1987.
The 1987 ETS required that all training in the use of SCSRs include
complete donning procedures. This training was required for any person
going underground for the first time and as part of regularly scheduled
annual refresher training required by part 48.
In another incident, during the escape from a fire at the Mathies
Mine in 1990, seven out of 18 miners removed their SCSR mouthpieces in
order to talk or get more comfortable during the escape. Only seven
miners donned their SCSRs at the first sign of smoke. One miner took
his nose clip off during the escape. Another miner claimed that he
could not get enough oxygen from his SCSR (Kovac, Kravitz, et al.,
1991). If any of these persons had encountered a toxic atmosphere at
the point when they removed their protection, they might have died.
Also, in November 1998, during the escape from the Willow Creek
Mine Fire, the two miners that used SCSRs had difficulty starting the
oxygen flow of their devices and removed the mouthpieces prior to
reaching the main fresh airway. If the carbon monoxide in the mine
atmosphere had been higher, the miners that removed their mouthpieces
would likely have died. In situations where miners remove the
mouthpiece prematurely, additional training will increase knowledge for
continuing to use the self-rescue device until escaping into fresh air
(Kravitz, 1991).
The recent Sago and Alma Mine accidents convince MSHA that the
general situation in underground coal mines is such that additional
training must be immediately instituted. In any mine accident, if the
miners wait to see or smell smoke before donning their SCSRs it may be
too late. In the Sago accident, still under investigation, a miner or
miners may not have donned an SCSR because, in the absence of smoke,
they may have believed the air was safe to breathe. Training must
successfully convey not only how, but also when self-rescue devices
must be used in emergency situations. Also, the Sago tragedy points to
the necessity of increased availability of SCSRs so that miners can
survive in toxic air for more than one hour. As self-rescue devices are
usually good for one hour, this means that miners must have the skill
to transfer from one self-rescue device to another.
Based on incidents during these recent mine emergencies and MSHA's
experience with other self-rescue device training related problems,
additional training in donning, using, and transferring self-rescue
devices is needed to protect miners. MSHA believes that more frequent
training in donning and using self-rescue devices is needed to
adequately protect miners. The new and expanded training requirements
in this ETS increase the donning frequency and emphasize the proper use
of SCSRs.
The ETS also enhances the requirements for evacuation drills by
requiring these drills not be simulations, but must involve physically
traveling from the working section, or the miner's work station, to the
surface or the exits at the bottom of the shaft or slope. These drills
include miners donning and transferring self-rescue devices. MSHA
requests comment about whether miners should be required to walk the
escapeway rather than use mechanized transportation during the drills.
The drills are to take place at intervals of not more than 90 days.
This more frequent retraining represents a distinct improvement over
current requirements for annual training.
2. Immediate Notification
This ETS modifies Sec. 50.10--Immediate notification. Existing
Sec. 50.10 requires that, if an accident (as defined in paragraph (h)
of Sec. 50.2) occurs, the operator must immediately contact MSHA.
While the basic notification requirement in existing Sec. 50.10 is
straightforward, precisely what constitutes ``immediately contact'' is
not addressed. The Federal Mine Safety and Health Review Commission
(Commission) has observed that ``immediately'' is a term of common
usage but that the application of the current requirement must be
evaluated on a case-by-case basis. The ETS defines ``immediately'' to
mean at once without delay and within 15 minutes.
MSHA was not notified of the Sago Mine accident until approximately
two hours after the occurrence of the accident. While that delay is
under investigation and it is unclear whether the delay played any role
in the fatalities due to the high levels of methane and carbon monoxide
which prevented immediate entry by rescuers, the lack of timely
notification of an accident can play a lethal role resulting in grave
consequences for miners caught underground in a mine emergency. In
[[Page 12257]]
light of the Sago accident, MSHA reviewed the violation and case
history for Sec. 50.10. There have been a number of cases where
operators failed to immediately contact MSHA, were cited and ordered to
pay a penalty after contesting the citations before the Commission.
Operator notification to MSHA in the event of a mine accident is
vital to enable the Agency to effectively respond in emergency or
potentially life threatening situations. Notification alerts the Agency
so that accident investigations and assistance to trapped or injured
miners can be initiated. MSHA is particularly concerned that failure to
immediately notify the Agency of mine emergencies can cost lives by
delaying rescue services. In defining ``immediately,'' the ETS
emphasizes the urgency of notification and makes it clear to mine
operators what is expected of them.
3. Escapeways in Underground Coal Mines
MSHA has included new provisions, new paragraph (d)(7) under Sec.
75.380 and new paragraph (c)(5) under Sec. 75.381, that require the
use of directional lifelines in both the primary and alternate
escapeways. MSHA believes that this new rule provides greater
protection than any existing state requirements. A directional lifeline
is most likely a rope made of durable material, though it could also be
an equivalent device, such as a pipe or handrail; marked with a
reflective material every 25 feet; located in such a manner for miners
to use effectively to escape; and have directional indicators,
signifying the route of escape, placed at intervals not exceeding 100
feet. The 1994 Final Report of the Department of Labor's Advisory
Committee on the Use of Air in the Belt Entry to Ventilate the
Production (Face) Areas of Underground Coal Mines and Related
Provisions (Advisory Committee) recommended the installation and
maintenance of lifelines in all underground coal mines, whether belt
air was in use at the mine or not.
The Advisory Committee recommendation specified that lifelines had
to clearly designate the route of escape. Discussion in the Advisory
Committee's report suggested the use of directional cones to increase
the effectiveness of lifelines. MSHA solicited information from the
public concerning the use and maintainability of lifelines in the belt
air proposed rule (64 FR 17480). Many commenters, including NIOSH,
commented that lifelines can improve the likelihood of escape from mine
fires and suggested that MSHA consider an additional requirement for
the installation of lifelines in all escapeways, not just alternate
escapeways in return air courses at mines using belt air. These
commenters maintained that, due to the lack of visibility, lifelines
were necessary to escape a smoke-filled atmosphere.
Overall, the commenters to the belt air rule stated that lifelines
could be useful in helping miners escape to the surface of the mine
when smoke-filled atmospheres are present. After further review of the
petitions for modifications previously granted to allow the use of belt
air, reviewing the comments on lifelines, and researching state
regulations regarding lifelines, MSHA agreed with the commenters that
lifelines can aid in escape during emergency situations, especially in
instances of reduced visibility due to smoke. In heavy smoke, a miner
can easily become disoriented and cannot determine the proper direction
for escape. A directional lifeline gives the miner added safety by
directing the miner through the smoke-filled entries to safety. As a
result of the ``belt air'' rulemaking, the Agency included paragraph
(n) of Sec. 75.380 and required the use of lifelines in alternate
escapeways located in return air courses in mines using belt air (69 FR
17480).
Three states, Kentucky, West Virginia, and Virginia have required
lifelines in underground coal mines (Ky.Rev.Stat.Ann. Sec. 352.135;
W.Va. Code Sec. 22A-2-60, paragraph (b); Va. Code Sec. 45.1-161.166,
paragraph (b)) for many years. These state statutes require the use of
directional durable lifeline cords; either in the primary or alternate
escapeway.
4. The Need for Additional Self-Contained Self Rescuers
MSHA has included new Sec. 75.1714-4 requiring the mine operator
to provide at least one additional self-contained self rescuer
(``SCSR'') that provides protection for a period of 1 hour or longer to
cover the maximum number of persons in an underground coal mine. Since
1980, each person working in an underground coal mine has been required
to have immediate access to an SCSR. SCSRs are devices which aid in the
escape from mine fires, explosions, and other incidents where an
irrespirable mine atmosphere is present. An SCSR is a closed-circuit
breathing device that contains an independent supply of oxygen. Because
SCSRs function in a closed circuit, they enable persons to breathe
clean air in the presence of hazardous or life-threatening contaminants
in the mine atmosphere.
Contaminated air in underground coal mines is usually the result of
an explosion or mine fire which is an ever-present threat in that
inherently dangerous environment. For example, in January 2006, the
explosion at the Sago Mine and the mine fire at the Aracoma Alma No. 1
Mine filled the atmosphere at both mines with smoke and other
contaminants. In addition to smoke, the contaminated air at both of
these mines contained carbon monoxide, methane, carbon dioxide, and
other products of combustion. This contaminated air may have also
contained chlorine; hydrogen cyanide; isocyanates; oxides of nitrogen;
and sulfur. Such contaminants are more complex and potentially more
harmful than the ordinary combustion products of coal fires. The
contaminants are the result of a wide variety of materials that are
usually present in the mine, such as rubber conveyor belts, plastics,
polyurethane, insulation, combustible liquids including hydraulic fuels
and lubricants, and cable coverings. Depending on the nature of the
material exposed to the fire or heat, very complex and toxic
decomposition products can result. The combination of contaminants can
be more hazardous than the individual contaminants alone.
MSHA's records show that 56 underground coal mine fires, with a
duration greater than 30 minutes, and five explosions have been
reported to MSHA during the ten-year period from February 1, 1996 to
February 1, 2006. During that same period explosions resulted in the
deaths of 31 coal miners, and fires resulted in two deaths. Although
mine fires that last less than 30 minutes do not have to be reported to
MSHA, the Agency has anecdotal reports that such fires commonly occur.
Mine fires, ignitions, and explosions, regardless of duration, can
present a grave potential hazard to underground coal miners due to the
thick smoke, toxic atmosphere, and limited visibility that often
results from these events.
In addition to reportable coal mine fires, operators have reported
numerous unplanned ignitions of methane. During the ten-year period
from February 1, 1996 to February 1, 2006, the coal mining industry
reported approximately 650 ignitions. Each of these ignitions had the
potential to result in a mine fire or explosion which would release
hazardous or life threatening contaminants into the mine atmosphere.
Potentially explosive methane is naturally present in underground
coal mines and can ignite when an ignition source is present.
Combustible dusts, including material brought into a mine,
[[Page 12258]]
can smolder and eventually catch fire when near a source of heat. There
are numerous ignition sources present underground. For example, belt
lines, trolley wires, roof falls, diesel powered equipment, battery
operated equipment, charging stations, and other forms of electrical
equipment are prevalent underground and can be the source of an
ignition. In addition, coal can undergo spontaneous combustion and
burn.
In 1998, MSHA inspectors conducted a self-rescue device survey at
each underground coal mine to determine the type and quantity of self-
rescue device protection used in the coal mining industry. As part of
this survey, the inspectors collected information about escape
conditions, such as the height of the escapeways and the distance from
the working sections to the surface or designated safe location. Based
on the mine height and distance data obtained from this survey, MSHA
concluded that there were approximately 234 coal mines where it would
take miners more than one hour to reach the surface. In addition, in 76
of the 234 coal mines, miners would require more than two hours of
travel time to reach the surface. Existing Sec. 75.1714 only requires
that each miner and visitor to an underground coal mine be supplied
with one SCSR that is adequate to provide protection from contaminated
air for one hour or longer. The results of MSHA's 1998 survey show that
there is a need to have SCSR devices, in addition to the single SCSR
device required by existing Sec. 75.1714, stored in the mine so that
all miners would have an air supply sufficient to safely exit the mine
in the event of an accident or emergency.
While some miners were able to successfully don and escape the mine
using their SCSR after the explosion at the Sago Mine and the mine fire
at the Aracoma Alma No. 1, other miners equipped with only one SCSR did
not safely evacuate the mines, which were filled with thick, smoky,
contaminated air. An explosion or mine fire creates a thick, smoke-
filled atmosphere in the mine which hampers a miner's ability to
quickly evacuate because miners may panic or become disoriented. If an
accident occurs or an emergency arises, such as the recent Sago mine
explosion or the Alma No. 1 Mine fire, miners may have to escape
through long and difficult underground travelways containing
irrespirable air. During an accident or emergency requiring evacuation
through a hazardous environment, SCSRs are the last line of defense for
any miner in the mine. If an adequate number of SCSRs is not readily
available, the chance of survival during an emergency or accident is
greatly diminished.
To further assist all miners to evacuate the mine safely, in
addition to the SCSR that is now required by the existing standards,
this new section requires the mine operator to provide at least one
additional SCSR for each person who is underground. The additional SCSR
will provide protection for a period of one hour or longer to cover the
maximum number of miners in the mine. Thus, each miner or person
underground will have the SCSR that is traditionally carried with him
or her and an additional SCSR device readily accessible. The
requirement for additional SCSRs will greatly enhance the ability of
all miners to safely exit from the mine in an accident or emergency.
Further, all miners not required to respond to the mine emergency will
be encouraged to evacuate knowing that an additional supply of oxygen
is available. This result is consistent with MSHA's intent that miners
not needed to respond to the mine emergency, evacuate the mine as
quickly as possible. For those mines where the one required SCSR plus
one additional required SCSR are not adequate to provide enough oxygen
to all persons for a safe evacuation, the mine operator will provide
additional SCSRs in the primary and alternate escapeways under an
``outby SCSR storage plan.''
5. Timeframe for Implementation
This ETS is effective immediately. However, various new provisions
will require that the mine operator develop new plans or purchase new
equipment. This section of the preamble explains the implementation of
this ETS.
A new paragraph (p) is added to Sec. 48.3 requiring the mine
operator to submit a revised training plan under part 48 to the
appropriate District Manager for approval no later than April 10, 2006.
The operator must train in accordance with the revised training plan
within 2 weeks of plan approval. This provision is consistent with the
new paragraph 75.1502(d) requiring a revised program of instruction.
The underground coal operator must submit to the District Manager
for approval a revised training plan for part 48 and a revised program
of instruction for Sec. 75.1502 to incorporate the ETS-required
changes by April 10, 2006. Although equipment required by paragraphs
75.380(d)(7) and 75.381(c)(5), and Sec. 75.1714-4, may not be
available immediately, any new or revised training plan and program
must address training for this equipment.
MSHA will accept as good faith evidence of compliance, purchase
orders or contracts to buy lifelines or SCSRs. MSHA will work with
lifeline and SCSR manufacturers to facilitate implementation of these
ETS requirements and encourage manufacturers to provide realistic
delivery dates. MSHA expects that mine operators will have purchase
orders or contracts completed within 30 days of the effective date of
this ETS. Installation of such equipment must be completed as soon as
possible after delivery.
No later than 2 weeks after receiving approval for the part 48
training plan modification, the operator must train in accordance with
the newly revised plan.
The ETS adds new paragraph (d) to Sec. 75.1502 to require each
underground coal operator, subject to the Emergency Temporary Standard
effective March 9, 2006, to submit for approval a revised program of
instruction to the appropriate District Manager no later than April 10,
2006. Within 2 weeks of program approval the operator must train in
accordance with the revised program. This change is consistent with the
requirement for submitting a revised plan under new paragraph (p) of
Sec. 48.3.
MSHA acknowledges that there may be a delay in the ability of mine
operators to train miners on transferring from one SCSR to another SCSR
since SCSR training units may not be available. Otherwise, MSHA expects
mine operators to comply with all of the training requirements. For
instance, SCSR donning can be included with the mine emergency drills
and the drills themselves can include traveling the primary or
alternate escapeway, from the working section or the miner's work
station, to the surface or the exits at the bottom of the shaft or
slope. Also, miners can be taught the correct actions to take based on
different mine emergency scenarios which would require the miner to
immediately don a self-rescue device.
C. Section-by-Section Discussion
1. Part 48--Training and Retraining of Miners
The ETS makes a number of non-substantive organizational changes to
clarify existing provisions or to accommodate new or moved provisions.
These non-substantive changes retain the substantive requirements in
existing standards. Non-substantive changes to 30 CFR part 48 include:
Organizational changes to existing paragraphs 48.5(b)(2),
48.6(b)(12), 48.8(b)(8), and 48.11(a)(4) by adding a separate listing
for training in donning
[[Page 12259]]
(paragraph i) and new training in transferring self-rescue devices
(paragraph ii).
Adding the term ``hands-on'' to the detailed description of Self-
Rescue and Respiratory Devices training in existing Sec. Sec. 48.5,
48.6, and 48.11, and paragraph 48.8(b)(8). This further clarifies the
SCSR training requirements and is consistent with the new provision on
transferring from self-rescue device to self-rescue device.
a. Section 48.3--Training Plans; Time of Submission; Where Filed;
Information Required; Time for Approval; Method for Disapproval;
Commencement of Training; Approval of Instructors
A conforming change is made to existing paragraph (a) to include
the exception of the new paragraph (p). The language now reads,
``[e]xcept as provided in paragraphs (o) and (p) of this section, each
operator of an underground mine shall have an MSHA approved plan
containing programs for training new miners, training experienced
miners, training miners for new tasks, annual refresher training, and
hazard training for miners as follows:''.
A new paragraph (p) is added to this section requiring the mine
operator to submit a revised training plan under this part 48. This
revised plan shall be submitted to the appropriate District Manager for
approval no later than April 10, 2006. Within 2 weeks of plan approval,
the operator must train miners in the new training plan requirements.
This provision is consistent with the new provision for a revised
program of instruction for paragraph 75.1502(d) with a revised training
plan.
b. Section 48.5--Training of New Miners; Minimum Courses of
Instruction; Hours of Instruction and Section 48.6--Experienced Miner
Training
This ETS makes identical changes to Sec. 48.5--Training of new
miners; minimum courses of instruction; hours of instruction, and Sec.
48.6--Experienced miner training. These changes are necessary to
conform and align the training requirements in 30 CFR part 48 with the
emergency evacuation and related requirements being added to 30 CFR
part 75. These regulatory changes do not reduce protection for miners.
1. Self-Rescue and Respiratory Devices: Paragraphs 48.5(b)(2) and
48.6(b)(12).
Specifically, MSHA is amending paragraphs 48.5(b)(2) and
48.6(b)(12) by including language that the complete donning of self-
rescue devices must include a requirement for actual ``hands-on''
practice in transferring from self-rescue device to self-rescue device.
This change parallels changes in 30 CFR part 75 requiring all persons
in an underground coal mine to have at least one additional self-rescue
device available for escape during a mine emergency. It also ensures
that new or newly employed experienced coal miners have the skill to
not only use a self-rescue device, but also to transfer from self-
rescue device to self-rescue device, before they begin work
underground. They may need this skill if a mine emergency occurs before
they are able to participate in a mine emergency evacuation drill. This
added requirement enhances protection for miners. This training is
critical and it is important that the training models used for the
donning and transferring exercises are the same type(s) and model(s) of
self-rescue devices in use at that mine.
2. Mine map; escapeways; emergency evacuation; barricading:
Paragraphs 48.5(b)(5) and 48.6(b)(5).
This ETS also amends paragraphs 48.5(b)(5) and 48.6(b)(5) by adding
a reference to the requirements for emergency evacuation plans in
existing paragraph 75.1502(a) for underground coal mines and Sec.
57.11053 for underground metal and nonmetal mines. The existing
requirements for the initial training of miners requires a review of
the mine map, escapeway systems, and the mine emergency evacuation
plans in effect at the mine. Referencing the appropriate standards
allows MSHA to incorporate the added and expanded ETS requirements in
existing paragraph 75.1502(a), including scenarios and actual practice,
into the initial training of coal miners without affecting the training
program for metal and nonmetal miners. This added requirement improves
protection for miners by requiring scenarios to be developed and used
in the actual quarterly drills. This will give miners better
information to prepare them to successfully evacuate the mine. The
requirements in this ETS only apply to underground coal mines because
only underground coal mines are required to provide all persons with
SCSR devices.
3. Participation in evacuation drills: New paragraphs 48.5(e) and
48.6(f).
This ETS also amends Sec. 48.5 and Sec. 48.6 by adding new
identical paragraphs 48.5(e) and 48.6(f) requiring new or newly
employed experienced coal miners to participate in the next drill as
required in existing paragraph 75.383(b) or newly amended paragraph
75.1502(c), whichever occurs first. This will ensure that newly hired
miners will be included in the next drill at the mine. MSHA believes
that regular and frequent participation in the emergency evacuation
drills will reinforce the miners' knowledge and skill for responding
appropriately to a mine emergency and lessen the disorientation and
panic that may cause the miner to make wrong decisions.
MSHA chooses to require the new or experienced underground coal
miner's participation in the evacuation drills under the requirements
in 30 CFR part 75 rather than as part of the initial training under 30
CFR part 48. Initial miner training is reinforced by the experience of
traveling the escapeways to the surface or bottom of a shaft or slope,
and physically locating directional lifelines or equivalent devices and
stored SCSRs. This added requirement increases protection for miners
because the frequency of drills is increased from one time per year
under this part to four times per year under Sec. 75.1502 and ensures
that miners receive training at the next underground drill.
c. Section 48.8--Annual Refresher Training of Miners; Minimum Courses
of Instruction; Hours of Instruction
Underground coal miners will receive refresher training on their
SCSR skills at least every 90 days because this ETS adds the
requirement for ``hands-on'' SCSR training during the drills required
by Sec. 75.1502. For this reason, the requirement for training in
donning self-rescue devices under existing paragraph 48.8(b)(8) is
being modified to included transferring from one self-rescue device to
another device for underground coal miners. New language in this
section allows underground coal miners to satisfy the requirements of
new paragraphs 48.8(b)(8)(i) and (ii) by participating in the emergency
evacuation drills required by Sec. 75.1502. This added requirement
enhances protection for miners because it increases the frequency of
training.
d. Section 48.11--Hazard Training
This ETS adds a new requirement for ``hands-on'' training in
transferring from self-rescue device to self-rescue device to the
existing requirement for donning a self-rescue device in paragraph
(a)(4) of existing Sec. 48.11. It also identifies the donning
requirement as paragraph (a)(4)(i) and the transfer requirement as
paragraph (a)(4)(ii). This additional requirement reinforces MSHA's
belief that all miners and visitors need to know how to transfer from
one self-rescue device to another. This added requirement enhances
protection for miners or visitors. The ETS does not change the existing
requirement that all
[[Page 12260]]
miners and visitors receive training in the donning of all types of
SCSRs.
2. Part 50--Notification, Investigation, Reports, and Records of
Accidents, Injuries, Illnesses, Employment, and Coal Production in
Mines
Section 50.10--Immediate Notification
The ETS incorporates a definitive standard into Sec. 50.10 of what
is meant by ``immediately contact.'' The ETS provides that the contact
is to be done ``at once without delay.'' These terms reflect the
ordinary meaning of ``immediately'' and are taken from definitions
found in Webster's Third New International Dictionary (Unabridged)(1986
ed.) and the Random House Dictionary of the English Language
(Unabridged)(2d ed. 1987). In discussing the meaning of
``immediately,'' the Commission has cited these dictionary sources.
See, e.g., Consolidation Coal Co., 11 FMSHRC 14 1935 at 1938 (October
31, 1989). The ETS further specifies that the notification must be done
``within 15 minutes.'' This sets a maximum time within which the
contact must be made. MSHA believes that 15 minutes is a reasonable
time to access a telephone or other means of communication and place a
contact call to the Agency. Fifteen minutes or a quarter of an hour is
a concept that is easily remembered even in times of stress. To comply
with the ETS then, an operator must act right away as circumstances
permit and such action must take place within 15 minutes.
The 15 minute time period begins when the mine operator determines
that an accident has occurred. MSHA is aware, however, that there are
occasions, especially immediately after an explosion or fire, when mine
communications may be lost and it may take some time to re-establish
contact and communicate that an accident has occurred. The ETS
recognizes that such circumstances may occur by providing that when
communications are lost due to emergency or other unexpected event, the
operator must notify MSHA at once without delay and within 15 minutes
of having access to a telephone or other means of communication. It is
expected that the operator will be diligent in attaining access to a
telephone or other communication means under such circumstances.
Under the MSHA system for receiving notification, a call to the
MSHA district office having jurisdiction over the mine may be forwarded
to an answering service that gives the mine operator other numbers to
call to personally reach district officials. Once an official is
reached, the agency is notified. Alternatively, the MSHA Headquarters
800 toll-free line has a 24 hour, 7 day per week answering protocol so
that once the call is placed, the agency is notified.
MSHA reviewed contest cases concerning Sec. 50.10, and the
Agency's enforcement experience, to determine why some mine operators
may not immediately notify the Agency. One reason is that the
notification is made only after being processed through a chain of
command at the mine. Another reason is a tendency to try to take care
of an incident before it becomes a reportable accident. Yet another
reason may be grounded in the very human propensity to focus
exclusively on evacuation and mine emergency response in the wake of a
mine emergency. Taking too much time to determine whether, in fact, an
accident occurred which would trigger notification to MSHA, is another
reason. Yet another reason is ignorance of the law. The ETS is intended
to impress upon mine operators that notification is urgent and must be
made a priority. Therefore, the ETS enhances protection to miners, and
certainly does not reduce that protection.
The ETS does not change the basic interpretation of Sec. 50.10. By
the terms of the provision, an operator is required to notify MSHA only
after determining whether an ``accident'' as defined in existing
paragraph 50.2(h) has occurred. This affords operators a reasonable
opportunity to investigate an event prior to notifying MSHA. That is,
mine operators may make reasonable investigative efforts to
expeditiously reach a determination. In that way an operator is
responsible for immediately notifying MSHA about those accidents that
the operator knows or should know about. Thus Sec. 50.10, in the words
of the Commission, ``[s]hould be carried out in good faith and without
delay, and in light of the regulation's command of prompt, vigorous
action.'' It is important that notification be sufficient so that the
Agency is actually put on notice as to what happened. MSHA invites
comment on whether Sec. 50.10 should be further amended to require
that the notification specify the type of accident per existing
paragraph 50.2(h) and pertinent details.
As discussed above, immediate notification hinges on the occurrence
of an ``accident.'' Existing paragraph (h)(6) of Sec. 50.2 defines
``accident'' to include ``an unplanned mine fire not extinguished
within 30 minutes of discovery.'' MSHA believes there are situations in
the mines that involve more than one fire or a smoldering condition at
a particular place. Each episode of flame or smolder may have been
extinguished within 30 minutes.
The Agency is concerned that such events may represent a serious or
potentially serious hazard, and should be reported as an ``accident''
and subject to the immediate notification requirement of Sec. 50.10.
It was reported in the press that there had been a fire previously at
the same spot along the beltline at the Aracoma Alma No. 1 Mine and
that the belt had been ``running hot for days'' before the fire that
caused the fatalities on January 23, 2006. MSHA is considering revising
the definition under existing paragraph (h)(6) of Sec. 50.2 in the
final rule after considering comments submitted about this definition.
MSHA invites comments on whether a revision, for example, should cover
all unplanned underground mine fires, or all unplanned underground
fires of particular types, duration or occurrences at particular
locales. MSHA solicits comments on whether and how the definition of
``accident'' in paragraph 50.2(h)(6) should be revised to accurately
take into account the fire hazards that miners face.
3. Part 75--Mandatory Safety Standards--Underground Coal Mines
a. Section 75.350--Belt Air Course Ventilation
A conforming change is made to existing paragraph (b) of Sec.
75.350 by removing paragraph (b)(7) since existing paragraph 75.380(n)
is also being removed. This change enhances safety protection for
miners since lifelines will now be required not only in the return
entries when used as alternate escapeways; but in all primary and
alternate escapeways.
b. Section 75.380--Escapeways, Bituminous and Lignite Mines and Section
75.381--Escapeways; Anthracite Mines
The ETS includes new provisions, paragraph (d)(7) of Sec. 75.380
and paragraph (c)(5) of Sec. 75.381, that require the use of
directional lifelines in both the primary and alternate escapeways for
underground bituminous, lignite, and anthracite coal mines. These
lifelines will clearly designate the escape route that miners should
take to evacuate the mine quickly when an accident occurs. These
requirements replace existing paragraph 75.380(n) (which is removed for
bituminous and lignite mines) and include a new requirement under Sec.
75.381 for anthracite mines. Removed paragraph 75.380(n) only applied
to alternate
[[Page 12261]]
escapeways located in return air courses in mines using belt air under
the ``belt air rule'' (69 FR 17480). This ETS enhances protection to
miners because it broadens the requirements for lifelines to both the
primary and alternate escapeways in every underground coal mine.
New paragraphs 75.380(d)(7) and 75.381(c)(5) require that each
escapeway be provided with a continuous directional lifeline or
equivalent device and further require that it be installed and
maintained throughout the entire length of the escapeway as defined in
existing paragraph 75.380(b)(1) or 75.381(b) as applicable; be made of
durable material; be marked with reflective material every 25 feet;
located in such a manner for miners to use effectively to escape; be
equipped with directional indicators showing the route of escape; and
be attached to and mark the location of stored SCSRs.
Existing paragraphs 75.380(d)(2) and 75.381(c)(2) provide that each
escapeway shall be clearly marked to show the route [and direction] of
travel to the surface. While such markings are beneficial, they are not
always effective, particularly under some adverse conditions such as
the presence of thick smoke which significantly reduces visibility.
MSHA records also indicate that mine operators are frequently cited for
violating existing paragraphs 75.380(d)(2) and 75.381(c)(2). Failure to
provide or maintain these markings increases the probability of miners
becoming disoriented during an attempt to evacuate a mine under adverse
conditions. When directional lifelines are installed in the escapeways,
miners will not be solely dependent upon markings in the escapeway to
show the route and direction of travel to the surface.
The ETS provisions relating to lifelines are the same for both
underground bituminous and lignite mines (Sec. 75.380) and anthracite
mines (Sec. 75.381). Each provision will be discussed as it applies to
both Sec. Sec. 75.380 and 75.381.
The first provision, paragraph (d)(7)(i) of Sec. 75.380 and
paragraph (c)(5)(i) of Sec. 75.381, requires that lifelines be
installed and maintained in both escapeways leading from the working
sections or areas where mechanized mining equipment is being installed
or removed. The lifelines must be continuous to the surface escape
drift opening, continuous to the escape shaft or slope facilities to
the surface, or continuous from each working section to the surface, as
applicable. This provision is based on language that describes
escapeways in existing paragraphs 75.380(b)(1) and 75.381(b). Requiring
lifelines in both escapeways will increase the probability of escape in
the event that either is impassable or unreachable.
The second provision, paragraph (d)(7)(ii) of Sec. 75.380 and
paragraph (c)(5)(ii) of Sec. 75.381, requires that lifelines be made
of a durable material so that they are resistant to damage. This
provision is based on language in removed paragraph (n)(2) of Sec.
75.380. Lifelines must be constructed of durable (strong) materials and
must survive normal mining conditions (e.g., atmospheric conditions
such as humidity). They must be available in an emergency when miners
need them to evacuate the mine. In addition, lifelines must also be
sturdy enough to withstand intense physical use during an evacuation.
The third provision, paragraph (d)(7)(iii) of Sec. 75.380 and
paragraph (c)(5)(iii) of Sec. 75.381, requires that the lifelines be
marked with a reflective material every 25 feet, so that miners can
locate the lifeline using their cap lamps in low-visibility conditions
and when smoke is present. This provision is based on language that
describes lifelines in removed paragraph (n)(3) of Sec. 75.380.
The fourth provision, paragraph (d)(7)(iv) of Sec. 75.380 and
paragraph (c)(5)(iv) of Sec. 75.381, provides that lifelines be
positioned in such manner that miners can use them effectively to
escape. This provision is based on language that describes lifelines in
removed paragraph (n)(4) of Sec. 75.380. The proper positioning of the
lifeline regarding height, accessibility, and location as determined by
the mining conditions improves the ability of miners to effectively use
lifelines to escape during emergency situations.
The fifth provision, paragraph (d)(7)(v) of Sec. 75.380 and
paragraph (c)(5)(v) of Sec. 75.381, provides that lifelines contain
directional indicators, signifying the route of escape, placed at
intervals not to exceed 100 feet. This provision is based on language
that describes lifelines in removed paragraph (n)(5) of Sec. 75.380.
These directional indicators are physical objects, such as, but not
limited to, cones, that provide tactile feedback to a miner attempting
to escape a dark, smoke-filled environment. During escape when
visibility is low, the directional indicators will enhance the ability
of miners to escape by quickly indicating the proper direction of
travel.
Currently, some mines place prefabricated directional lifelines in
escapeways, using cones to show the direction of escape. NIOSH
publications discuss the design of a particular lifeline construction
(75-foot cone spacing) and NIOSH recommends installation of double-
cones at obstructions to alert miners of personnel doors, overcasts,
belt crossings, etc. However, NIOSH did not recommend an interval for
directional cone spacing. MSHA experience in training miners at the
Mine Simulation Laboratory in Beaver, West Virginia, indicates that the
directional cone spacing interval needs to be variable, due to
variation in conditions found in return entries, including overcasts
and undercasts and turns. The new standard requires the interval
spacing will never exceed 100 feet, but may be shorter depending upon
entry conditions, as determined by the mine operator as mine conditions
warrant.
The sixth provision, paragraph (d)(7)(vi) of Sec. 75.380 and
paragraph (c)(5)(vi) of Sec. 75.381 requires that the lifeline be
securely attached to, and marked to show the location of, all SCSR
storage locations in the escapeways. This provision is new and directs
escaping miners to SCSR storage locations that are required by the new
provision, paragraph 75.1714-4(c). Miners escaping a mine under adverse
environmental conditions may need to access additional SCSRs in order
to successfully evacuate the mine. This requirement, and new paragraph
75.1714-4(e) that requires a reflective sign to be posted, will enable
persons to quickly locate additional SCSRs.
MSHA also requests comments about whether miners should have the
ability to tether themselves together during escapes through smoke-
filled environments. Mine rescue teams currently use tethers
(lifelines) to attach to each rescue team member to keep the group
together when they enter smoke filled environments. What length of
tether between miners should be required? Should the tether be composed
of separate sections that clip together to allow any number of miners
to be attached? How should the tether be attached to the miners' belts,
or should there be a place other than the miners' belts to attach the
tether to the miners? Should the tether be constructed of durable and/
or reflective material? Where should the tether be stored on the
section? Should it be stored with the additional SCSRs in a readily
accessible and identifiable location, or in a separate location?
c. Section 75.383--Escapeway Maps and Drills
The ETS removes existing paragraph (c) from Sec. 75.383. Existing
paragraph 75.383(c) allows the operator to use the
[[Page 12262]]
escapeway practice drills to comply with the requirements of paragraph
75.1502(c). Because MSHA increased the requirements in the evacuation
drills in Sec. 75.1502, drills conducted under Sec. 75.383 will no
longer satisfy paragraph 75.1502(c). A new paragraph, 75.1502(c)(4),
allows the operator to use drills defined in paragraph 75.1502(c) to
comply with the requirements of drills specified in Sec. 75.383. This
change enhances protection to miners because the ETS expands the
content of the drills under paragraph 75.1502(c) to include donning and
transferring of self-rescue devices, locating directional lifelines and
equivalent devices, and physically traveling to the surface or exits of
the bottom of shafts or slopes.
d. Section 75.1502--Mine Emergency Evacuation and Firefighting Program
of Instruction
The ETS makes a number of non-substantive organizational changes to
clarify existing provisions or to accommodate new or moved provisions.
The ETS adds paragraph headings and realigns paragraph numbers in Sec.
75.1502 to make it easier to find and understand specific requirements.
Existing language in paragraph 75.1502(c) ``which shall be held at
periods of time so as to ensure that all miners participate in such
evacuations at intervals of not more than 90 days'' is moved to
75.1502(c)(1). In addition, the ETS moves existing paragraph
75.1502(c)(1) to 75.1502(c)(3), and emphasizes the requirement in
existing 75.1502(c)(1) that the mine operator certify which miners have
completed the training. This certification includes the names of the
miners participating in each drill. Also, this ETS adds ``and
materials'' to the term ``firefighting equipment'' in existing
paragraph 75.1502(a) to 75.1502(a)(1)(vi) clarifying that materials,
such as water and rock dust, are also important for fighting fires.
This ETS modifies existing paragraph (a) of Sec. 75.1502 by adding
new requirements in the mine emergency evacuation and firefighting
program. The new provisions do not reduce the protection afforded
miners because MSHA has enhanced the requirements in the program of
instruction to assist the miner in handling mine emergencies.
For organizational purposes, MSHA added eight requirements to
paragraph 75.1502(a)(1). Three of these paragraphs specify new
requirements. Five of the paragraphs retain existing provisions:
(a)(1)(i), (a)(1)(iii), (a)(1)(iv), (a)(1)(v), and (a)(1)(vi).
New paragraph (a)(1)(ii) of Sec. 75.1502 requires operators to
develop scenarios for mine emergencies, including fires, explosions, or
gas or water inundations, and develop best options for evacuation under
each type of emergency. This requirement further emphasizes that
operators must include immediate donning of self-rescue devices in
these scenarios.
Under new paragraph (a)(1)(vii) operators are required to include
instruction in locating and using continuous directional lifelines or
the equivalent. The instruction is added to cover the new requirements
for lifelines.
New paragraph (a)(1)(viii) of Sec. 75.1502 requires the operator
to provide, in the plan, instructions for training in locating and
using SCSRs. The operator is required to specify the quantity and types
of self-rescue devices to ensure that appropriate training is provided.
These changes are necessary to require training in the proper use
of equipment in mine emergencies, because of the additional
requirements added to other sections in the ETS.
Existing paragraph 75.1502(a)(1)(vii) is modified to include
training in the location and use of continuous directional lifelines or
equivalent devices. MSHA includes this additional requirement in the
training program to ensure that miners are properly trained to locate
and use these additional escape devices. This increases the miners'
options for escape.
New paragraph 75.1502(a)(2) is added to require operators to
designate persons with the appropriate abilities, training, knowledge,
or experience to provide training and conduct Sec. 75.1502-required
drills. MSHA experience indicates that effectively trained miners are
more likely to retain their skills when they are needed during an
emergency. A key component of effective training is the instructor's
ability to train and evaluate performance. This is important to ensure
that the miner is properly trained on donning and transferring of self-
rescue devices.
Some of the existing language in paragraph 75.1502(a) is moved to
paragraph 75.1502(a)(3) to require the operator to submit a program of
instruction, with any revisions, for approval to the District Manager
of the Coal Mine Safety and Health district in which the mine is
located. Before implementing any new or revised approved plan
provision, the operator must instruct miners in the changes.
New paragraph 75.1502(c)(2) is added to enhance the mine evacuation
drill to require miners to travel the primary or alternate escapeways
to the surface or bottom of a shaft or slope. Further, language was
added to require that the drill be conducted in a different escapeway
than the previously conducted drill. This requirement is added to
ensure miners are familiar with all the possible escapeways in the
event their primary escape route is impassable. This provision
emphasizes that the existing standard means a practice drill. This
change ensures miners will engage in a practice drill.
The ETS adds paragraph (c)(2)(i) of Sec. 75.1502 requiring
training on directional lifelines or equivalent devices and stored
SCSRs. This is based on the new ETS requirements for lifelines and
additional stored SCSRs. This training is included in emergency drills
to ensure that miners are able to locate and use the lifelines and
additional SCSRs.
The provision from paragraph (b)(8) of Sec. 48.8 requiring
complete donning procedures of SCSRs is added in new paragraph
(c)(2)(ii) of Sec. 75.1502. Adding this provision into Sec. 75.1502
increases the frequency of the SCSR training from once per year to at
least four times per year. A reason for including this training within
the mine evacuation drill is to provide a more realistic training
environment. This training, when integrated with the other components
of the drill, will provide the miner with a complete experience of an
emergency situation.
Drills may further provide a more realistic emergency evacuation
practice. For example, conducting the drill in smoke or using a
realistic mouthpiece that provides the user with the sensation of
actually breathing through an SCSR, commonly referred to as
``expectations'' training, is more realistic than simulation training.
MSHA is asking for comments and suggestions on alternative realistic
emergency evacuation practices to ensure that miners are prepared to
act in an emergency.
This requirement for a more realistic training drill is supported
by the research discussed in the PW-SCSR Project Final Report, (Kovac
and Kravitz, 1991) evaluating the ``3+3'' training method. A total of
185 miners and MSHA inspectors were trained by U.S. Bureau of Mines
personnel. The training was provided to the miners on the working
section, usually a few crosscuts outby the face. Miners were brought
back from the face one at a time for their training. This approach can
be used during mine emergency drills to satisfy requirements without
disrupting other activities at the mine.
This ETS adds new paragraph (c)(2)(iii) to Sec. 75.1502 to provide
hands-on training in transferring from one self-rescue device to an
SCSR. MSHA adds this provision to include training to
[[Page 12263]]
cover new requirements in paragraph 75.1502(c)(2) and Sec. 75.1714-4.
Miners must be trained on all types of self-rescue devices in use at
the mine. This training must include experience in transferring from
one type of self-rescue device to the same type, as well as to all
other types in use at the mine, as applicable.
The ETS adds new paragraph (c)(3) to Sec. 75.1502. Existing
paragraph 75.1502(c)(1) is moved to new paragraph 75.1502(c)(3) and the
language is amended to emphasize the requirement that mine operators
certify, by name, all miners who participated in each emergency
evacuation drills. This provides a record of training for each miner.
MSHA is soliciting comments on whether such a record of training should
include additional information, such as a checklist. The checklist
could be used to itemize the successful completion of each step of the
training, as outlined in the approved program of instruction.
The ETS adds new paragraph (c)(4) to Sec. 75.1502 to allow the
operator to use the mine emergency evacuation drills in this section to
satisfy the requirement for practice escapeway drills in paragraph
75.383(b) of this part. See discussion under section-by-section
discussion on paragraph 75.383(b).
A new paragraph (d) is added to this section requiring the mine
operator to submit a revised program of instruction under this part 75.
This revised program of instruction shall be submitted to the
appropriate District Manager for approval no later than April 10, 2006.
Within 2 weeks of plan approval, the operator must train miners in the
revised requirements. This provision is consistent with the new
provision for a revised training plan in paragraph 48.3(p).
e. Section 75.1714-2--Self Rescue Devices; Use and Location
Requirements
This ETS modifies paragraph (f) of Sec. 75.1714-2 to conform the
language to changes in Sec. 75.1714-4. The new provision is that a
sign with the word ``SELF-RESCUER'' or ``SELF-RESCUERS'' must be
conspicuously posted at each storage place and it must be made of
reflective material. Direction signs made of a reflective material must
also be posted leading to each storage place.
In addition, this ETS modifies paragraph (g)(2) of Sec. 75.1714-2.
A new phrase, ``made of a reflective material'' has been added in
reference to the cache (storage location) signs and direction signs.
The paragraph now reads, ``The one-hour canister shall be available at
all times to all persons when underground in accordance with a plan
submitted by the operator of the mine and approved by the District
Manager. When the one-hour canister is placed in a cache or caches, a
sign made of a reflective material with the word ``SELF-RESCUERS''
shall be conspicuously posted at each cache, and direction signs made
of a reflective material shall be posted leading to each cache.''
f. Section 75.1714-4--Additional Self-Contained Self-Rescuers
This ETS includes a new Sec. 75.1714-4 which requires the mine
operator to provide at least one additional SCSR that will provide
protection for a period of one hour or longer to cover the maximum
number of persons in the mine. Thus, each miner or person underground
will have the self-rescuer device that is traditionally carried with
him or her and an additional SCSR device readily accessible. If a
filter self rescuer is used in conjunction with an existing SCSR
storage plan, a mine operator must comply with the requirement for an
additional SCSR as described under this new 75.1714-4(a). In addition,
where persons enter or exit the mine using a mantrip or mobile
equipment, additional SCSRs must be available on the mantrip or mobile
equipment portal to portal. Moreover, this provision requires the mine
operator to submit an outby SCSR storage plan, identifying the
location, quantity and type of additional SCSRs in the primary and
alternate escapeways in circumstances where the SCSR devices required
under the existing standards will not provide sufficient oxygen for all
persons to safely evacuate the mine. The outby SCSR storage plan must
also show how the storage location in each escapeway was determined.
For District Manager approval of the outby storage plan, the District
Manager may require the mine operator to demonstrate that the location,
quantity, and type of the additional SCSRs provide adequate protection
for all persons to safely evacuate the mine.
Section 75.1714-4 also requires the operator to store all SCSRs
required under this section in locations that are conspicuous and that
are readily accessible by each person in the mine. All SCSR devices
required under this section must be stored according to the
manufacturer's instructions.
Section 75.1714-4 further requires a sign with the words ``SELF-
RESCUERS'' to be conspicuously posted at each storage location. The
sign must be made of reflective material. In addition, direction signs
that are made of a reflective material must be posted in each entry
leading to each storage location.
This ETS enhances protection because it requires additional SCSRs
to cover the maximum number of persons in every underground coal mine.
These additional SCSRs in the storage locations will greatly increase
the ability of all persons to safely evacuate during a mine emergency
or accident.
New paragraph 75.1714-4(a) requires that in addition to the
requirements in Sec. Sec. 75.1714, 75.1714-1, 75.1714-2, and 75.1714-
3, the mine operator shall provide at least one additional SCSR to each
person who is underground, and which provides protection for a period
of one hour or longer, to cover the maximum number of persons in the
mine. This is a new requirement to provide one additional SCSR device
for each person in the mine. Having at least one additional SCSR device
per person will double the amount of oxygen that is available to that
person during any accident or emergency evacuation. MSHA's intent is to
encourage persons who are not required for a mine emergency response to
evacuate the mine as quickly as possible. The additional SCSR will aid
persons who must travel through smoke and toxic gases to safely exit
the mine. The additional SCSR will likely facilitate evacuation of the
mine by increasing the person's confidence in the availability of
oxygen in the smoke-filled mine entries.
The SCSRs that are required under new paragraph 75.1714-4(a) must
meet the storage location requirements under new paragraphs 75.1714-
4(d) and (e) discussed below.
New paragraph 75.1714-4(b) requires that if a mantrip or mobile
equipment is used to enter or exit the mine, additional SCSRs, each of
which provides protection for a period of one hour or longer, shall be
available from portal to portal on the mantrip or mobile equipment. At
many mines, persons use mantrips or mobile equipment such as scoops,
ramcars, or pick-up trucks, to enter the mine and travel to and from
their working section. A mine accident or emergency that requires
evacuation could occur while crews are traveling to or from their
working section on mantrips or mobile equipment. If additional SCSRs
are not available on the mantrips or the mobile equipment, persons may
not be able to evacuate safely during a mine accident or emergency.
Requiring that additional SCSRs be available portal to portal to
persons who are using the mantrip or mobile equipment provides the
protection of an additional SCSR while
[[Page 12264]]
on the mantrip or mobile equipment during an accident or emergency.
Mine operators may utilize the additional SCSRs on the mantrip or
mobile equipment to comply with paragraph 75.1714-4(a) if the mantrip
stays on the section. If the mantrip leaves the section, operators can
choose to comply with paragraph 75.1714-4(a) by removing the SCSRs from
the mantrip and keeping them on the section. That is, SCSRs on the
mantrip can remain on the section if the mantrip leaves the section for
other duties. However, at all times any operator and passengers on the
mantrip or mobile equipment must have an additional SCSR available.
Additionally, if miners traveling on mantrips or mobile equipment are
using filter self-rescuers, or SCSRs which provide less than one hour
of protection, they must be provided with two SCSRs, each of which
provides protection for a period of one hour or longer, on the mantrip
or mobile equipment.
New paragraph 75.1714-4(c) requires that when the SCSR devices
otherwise required by paragraph 75.1714(a) are not adequate to provide
enough oxygen for all persons to safely evacuate the mine under the
mine emergency conditions; the mine operator shall provide additional
SCSR devices in the primary and alternate escapeways. Under these
circumstances, the mine operator shall submit an outby SCSR storage
plan to the appropriate District Manager for approval. The mine
operator must also include in the outby SCSR storage plan required by
paragraph 75.1714-4(c) the location(s), quantity, and type of
additional SCSR devices, each of which provides protection for a period
of one hour or longer, that are stored in the primary and alternate
escapeways. The outby SCSR storage plan must also show how the storage
location in the primary and alternate escapeways was determined. The
District Manager may require the mine operator to demonstrate that the
location, quantity, and type of the additional SCSRs provide protection
to all persons to safely evacuate the mine. The outby SCSR storage plan
must also be kept current by the mine operator and made available for
inspection by an authorized representative of the Secretary and by the
miners' representative.
The outby SCSR storage plan required by new paragraph 75.1714-4(c)
gives mine operators flexibility in determining the location, quantity,
and type of additional SCSRs stored in the primary and alternate
escapeways. The requirements of this paragraph are performance-
oriented. It allows mine operators to assess the conditions unique to
their mine and to establish SCSR storage locations based on these
conditions.
New paragraph 75.1714-4(c) also allows MSHA to verify, if needed,
the appropriateness of the storage locations. If the MSHA District
Manager doubts that all persons underground could reach the additional
storage locations safely, the District Manager can require the mine
operator to demonstrate that the storage location provides adequate
protection to all persons to reach the designated storage location in a
timely manner and safely evacuate the mine.
The SCSRs that are required under new paragraph 75.1714-4(c) must
also meet the storage location requirements under new paragraphs
75.1714-4(d) and (e) discussed below.
To assist mine operators in complying with the requirements of new
paragraph 75.1714-4(c), MSHA is providing one possible method that an
operator may use in choosing appropriate outby SCSR storage locations.
MSHA developed a method for selecting locations based on a 1996-1997
MSHA-NIOSH study (Unpublished document ``The Oxygen Cost of a Mine
Escape'' (Kovac, Kravitz, Rehak, 1997)). The MSHA-NIOSH study
demonstrated that it is possible to project, on a mine-by-mine basis,
the difficulty of the mine escape and how much oxygen would be required
for such an escape, knowing the body weight and heart rate of the
escaping person. Accordingly, the method used by this heart rate study
may also be used to determine the sufficient number and appropriate
storage locations of additional SCSRs so that persons can safely
evacuate the mine. A mine operator who wants to use the heart rate
method to determine the number and storage location of additional SCSRs
should, however, adhere to the following procedures:
1. Select the worst-case escape scenario (for example, the furthest
point of penetration into coal seam and the heaviest person).
2. Have the person perform an escape drill bare-faced with all the
person's normal tools and safety equipment (including an SCSR on the
person's belt) along the designated escapeway. During this escape
drill, the person's heart-rate should be continuously monitored with
the person wearing a heart-rate watch.
3. The person's heart-rate should not exceed the lower of (0.70) x
(220 minus the person's age) or 135 beats per minute. (135 beats per
minute is the average heart-rate for the 95th percentile person--by
weight--performing mantest 4 during MSHA-NIOSH certification tests.)
Under the formula, the calculated rate for a 65 year old person--95th
percentile by age--is 109 beats per minute and the calculated rate for
a 20 year old person is 140 beats per minute. Comparing each calculated
rate with 135 beats per minute, the lower rate for the 65 year old
person is the calculated rate of 109 and the lower rate for the 20 year
old person is 135. Thus, during the simulated escape, if a 65 year old
person's heart-rate exceeds 109 or a 20 year old person's heart rate
exceeds 135, the person should slow down or stop until his heart rate
is in an acceptable range.
4. After one hour, the distance should be recorded and marked.
5. The above procedure should be repeated 3 times, and an average
distance calculated.
6. The location for the SCSR storage is the average distance
recorded minus 15 percent (the amount of work added by using an SCSR).
For example, if the distance traveled is 5,000 feet along the
escapeway, the SCSR storage should be placed 4,250 feet along the
escapeway (5,000 feet - 750 feet = 4,250 feet).
7. If multiple storage locations are required, the above procedure
should be repeated until the escape is completed to the surface.
8. In addition to a person's physiological ability to reach the
storage location within the rated duration of the SCSR, given the
environmental conditions of the mine and the oxygen provided by the
SCSR, other factors can come into play. For example, the number of
persons accessing a storage location can affect the time it takes to
retrieve and don an SCSR from the storage location. The accessibility
of the storage location may be affected by its physical configuration.
To summarize, for purposes of the outby SCSR storage plan, an
operator may use any reliable method of choosing storage locations
including the method mentioned above. MSHA solicits comments on the
above suggested method, and other reliable methods, for determining
where to locate the additional SCSRs in the mine. In addition, MSHA
solicits comments on whether a specification standard would be more
appropriate than the performance-oriented approach provided in this
ETS. For example, MSHA is considering a requirement that the additional
SCSRs under new paragraph 75.1714-4(c) be stored in all escapeways at
intervals of 5,000 feet for mines where the escapeway height is above
48 inches and 2,500 feet for all other mines. MSHA solicits comments on
such a specification-oriented standard, including comments on whether
the specific 5,000 and 2,500
[[Page 12265]]
foot intervals, or some other specific interval, is appropriate.
MSHA solicits comments on the appropriateness of eliminating filter
self-rescuers (``FSRs'') from all underground bituminous, lignite, and
anthracite mines. FSRs were required before SCSRs were available to the
mining industry. Some current SCSR storage plans allow the use of FSRs
to reach stored SCSRs. Given that FSRs only provide filter protection
for carbon monoxide, and due to the fact that FSRs do not produce
oxygen, MSHA solicits comments on whether underground coal mines should
only require SCSRs.
MSHA also solicits comments on the appropriateness of requiring
mine operators to report the total number of SCSRs in use at each
underground coal mine, semi-annually, to the MSHA District Manager.
Along with the total number of SCSRs, MSHA could require the following
information be reported for each SCSR at each mine: (1) Manufacturer,
(2) model, (3) date of manufacture, and (4) the serial number. This
information would be valuable because manufacturers often lose track of
where their SCSRs are in the mining industry. When a mine shuts down,
the SCSRs are often sold to another mine. In the past, problems have
been discovered with all brands of SCSRs. Sometimes these problems are
related to specific production runs that generate unique serial numbers
for the SCSRs. Sometimes, the problems affect all the manufactured
SCSRs from one manufacturer. Having knowledge of where the SCSRs are
located will benefit persons because MSHA can then expeditiously locate
the affected SCSRs so that remedial action can be taken.
New paragraph 75.1714-4(d) provides that all SCSR devices required
under this section be stored in locations that are conspicuous and that
are readily accessible by each person in the mine. In addition, new
paragraph 1714-4(d) provides that all SCSR devices required under this
section be stored according to manufacturers' instructions. The time
used to locate an SCSR that is not conspicuously stored could make the
difference between the success or failure of a safe evacuation. In
addition, the storage location must be readily accessible so that the
additional SCSRs can be retrieved in a prompt, timely manner. An
example of a storage location that is readily accessible is on the
working face or in locations where mechanized mining equipment is being
installed and removed. Such a location, however, may not be readily
accessible to all persons, such as pumpers, outby crews, and examiners.
MSHA is, therefore, soliciting comments on storage locations that are
readily accessible to such persons.
This new requirement will facilitate the successful use of the
additional SCSRs during a mine accident or emergency. Moreover,
manufacturers' instructions are required to be included in the approval
documents for all SCSRs, which are submitted to MSHA and NIOSH under 42
CFR part 84. The instructions are included with all SCSRs from each
manufacturer.
New Sec. 75.1714-4(e) requires that a sign with the words ``SELF-
RESCUERS'' be conspicuously posted at each storage location, be made of
reflective material, and direction signs made of a reflective material
be posted in each entry leading to each storage location. The
requirements are similar to the requirements in existing Sec. 75.1714-
2(f) pertaining to the storage of an SCSR device that is required under
existing Sec. 75.1714, but that is not carried out of the mine at the
end of a person's shift. MSHA is adding a requirement that the sign be
made of reflective material here and under existing Sec. 75.1714-2(f)
and (g) because escape routes are often filled with thick smoke that
could obscure any SCSR storage location. Under such circumstances, a
sign made of a reflective material will provide greater visibility of
the storage locations to persons who need to exit the mine quickly.
Moreover, new Sec. 75.380(d)(7)(vi) and Sec. 75.381(c)(5)(vi) require
that lifelines be attached to, and marked to show these storage
locations.
The requirement that a sign under paragraphs 75.1714-2(f) and (g)
be made of reflective material enhances miner protection because escape
routes are often filled with thick smoke that could obscure any SCSR
storage location and a sign made of a reflective material will provide
greater visibility of the storage locations to persons who need to exit
the mine quickly.
MSHA solicits comments on the appropriateness of requiring signs to
be made of a reflective material and whether there are alternative
methods available for making storage locations easy to locate when
conditions in the mine might obscure the storage location.
The new requirement that a sign be made of a reflective material
enhances miner safety by making SCSR storage locations easier to locate
when a person needs to evacuate the mine quickly and the escape route
is filled with thick smoke obscuring the SCSR storage location.
g. Section 75.1714-5--Map locations of Self-Contained Self-Rescuers
New Sec. 75.1714-5 requires the mine operator to include the
storage location(s) of SCSR devices subject to storage plans on the
Sec. 75.383 mine emergency map and on the Sec. 75.1200 mine map.
Existing Sec. 75.383 requires escapeway maps to be posted in each
working section, and in each area where mechanized mining equipment is
being installed or removed, and at a surface location of the mine where
miners congregate, such as the mine bulletin board, bathhouse, or
waiting room. Existing Sec. 75.1203 requires the mine map under Sec.
75.1200 to be available to miners. Because an escapeway map is posted
in an obvious location and because a miner has access to the mine map,
requiring the operator to include the storage location of all SCSRs on
the escapeway map and mine map helps ensure that persons are aware of
the storage location of all SCSRs in the mine. In addition, the Sec.
75.1200 mine map is the basis for all mine rescue attempts.
Finally, MSHA is considering a requirement that the mine operator
promptly report to the MSHA District Manager, in writing, all incidents
where any SCSR, required by this section or existing Sec. 75.1714, is
used for an accident or emergency and all instances where such SCSR
device did not function properly. In addition, when any SCSR device has
not functioned properly, the mine operator would retain the device, for
at least 90 days, for investigation by MSHA.
MSHA solicits comments on this reporting requirement because, in
the past, MSHA did not always learn of problems associated with SCSRs
in a timely manner. This requirement would help assure that MSHA is
notified of problems in a timely manner and that the affected SCSRs are
available for testing and evaluation.
V. Executive Order 12866
Executive Order (E.O.) 12866 (58 FR 51735) as amended by E.O. 13258
(Amending Executive Order 12866 on Regulatory Planning and Review (67
FR 9385)) requires that regulatory agencies assess both the costs and
benefits of regulations. MSHA has determined that the ETS would not
have an annual effect of $100 million or more on the economy and that,
therefore, it is not an economically ``significant regulatory action''
pursuant to Sec. 3, paragraph (f) of E.O. 12866.
A. Population-at-Risk
Using 2004 data, the ETS applies to the 634 underground coal mine
operators employing 33,490 miners and 3,697 contractor workers who work
underground in coal mines. Also, using 2004 data, the immediate
notification
[[Page 12266]]
provisions of the ETS apply to the entire mining industry, encompassing
all 214,450 miners and 72,739 contract workers who work in the 14,480
U.S. mines.
B. Benefits
To estimate benefits, MSHA focused on three accidents where miners'
lives might have been saved if this rule was implemented. These three
accidents occurred at the Wilberg Mine in 1984, at the Sago Mine in
2006, and at the Aracoma Alma 1 Mine, also in 2006. In these
three accidents, there were, in total, 41 fatalities and one serious
injury. MSHA believes that this ETS, if in place at the time of these
accidents, could have saved the lives of most of these victims. One of
the miners at Sago Mine died in the explosion and would have perished
even if the ETS had been in force. In quantitative terms, MSHA
estimates that perhaps 70% to 90% of miners in similar accidents in the
future could be saved by implementing the ETS, with a mid-range
estimate of 80%. Multiplying 40 by 80% provides a mid-range estimate of
32 lives that could be saved. Multiplying 40 by 70% and 90% provides a
full-range estimate of 28 to 36 lives that could be saved by the ETS.
January 1, 1983 is the starting point for the accident records in
MSHA's electronic Teradata database. Starting at January 1, 1983 and
ending in early February, 2006 is a time span of 23.1 years. Since
these three accidents occurred over a period of 23.1 years, MSHA
divides 32 lives saved by 23.1 years to obtain a mid-range estimate of
1.39 lives saved per year. A similar calculation provides a full-range
estimate of 1.21 to 1.56 lives saved per year. Using the same method,
MSHA also calculates a mid-range estimate of 0.035 serious injuries
prevented per year and a full-range estimate of 0.030 to 0.039 serious
injuries prevented per year. The actual number of miners' lives saved
could be much larger.
C. Compliance Costs
The immediate notification provisions of the ETS, which apply to
all mines, are definitional and clarify existing requirements. As such,
MSHA expects that they will impose no additional costs on the mining
industry.
MSHA estimates that the ETS will result in total yearly costs for
underground mine operators and contractors of approximately $18.9
million, which reflect first-year costs of about $54.7 million. Of the
yearly costs, $7.9 million will be associated with training
requirements; $0.5 million will be associated with lifeline
requirements; and $10.5 million will be associated with additional SCSR
devices. Disaggregated by mine size, yearly costs will be $1.2 million
(or about $5,100 per mine) for mine operators with fewer than 20
employees; $15.6 million (or about $40,100 per mine) for mine operators
with 20-500 employees; and $2.1 million (or about $256,700 per mine)
for mine operators with more than 500 employees.
VI. Feasibility
MSHA has concluded that the requirements of the ETS are
technologically and economically feasible.
The ETS is not a technology-forcing standard and does not involve
activities on the frontiers of scientific knowledge. Many of the
requirements of the ETS are based on MSHA's current regulations.
The yearly compliance costs of the ETS (of $18.9 million) are equal
to 0.2 percent of all revenues (of $11.1 billion in 2004) for all
underground coal mines. Insofar as the total compliance costs are well
below one percent of the estimated revenues for all underground coal
mines, MSHA concludes that the ETS is economically feasible for these
mines.
As noted above, the immediate notification provisions of the ETS,
which apply to the entire mining industry, will impose no additional
costs. MSHA therefore concludes that these provisions are economically
feasible for the mining industry.
VII. Regulatory Flexibility Act and Small Business Regulatory
Enforcement Fairness Act (SBREFA)
Pursuant to the Regulatory Flexibility Act (RFA) of 1980 as amended
by the Small Business Regulatory Enforcement Fairness Act (SBREFA),
MSHA has analyzed the impact of the ETS on small businesses. Further,
MSHA has made a determination with respect to whether or not the Agency
can certify that the ETS will not have a significant economic impact on
a substantial number of small entities that are covered by this
rulemaking. Under the SBREFA amendments to the RFA, MSHA must include
in the rule a factual basis for this certification. If a rule has a
significant economic impact on a substantial number of small entities,
MSHA must develop a regulatory flexibility analysis.
A. Definition of a Small Mine
Under the RFA, in analyzing the impact of a rule on small entities,
MSHA must use the Small Business Administration (SBA) definition for a
small entity or, after consultation with the SBA Office of Advocacy,
establish an alternative definition for the mining industry by
publishing that definition in the Federal Register for notice and
comment. MSHA has not taken such an action and hence is required to use
the SBA definition. The SBA defines a small entity in the mining
industry as an establishment with 500 or fewer employees.
MSHA has also looked at the impacts of Agency rules on a subset of
mines with 500 or fewer employees--those with fewer than 20 employees,
which MSHA and the mining community have traditionally referred to as
``small mines.'' These small mines differ from larger mines not only in
the number of employees, but also in economies of scale in material
produced, in the type and amount of production equipment, and in supply
inventory. Therefore, their costs of complying with MSHA's rules and
the impact of the Agency's rules on them will also tend to be
different. It is for this reason that ``small mines,'' as traditionally
defined by MSHA as those employing fewer than 20 workers, are of
special concern to MSHA.
This analysis complies with the legal requirements of the RFA for
an analysis of the impacts on ``small entities'' while continuing
MSHA's traditional definition of ``small mines.'' The Agency concludes
that it can certify that the ETS will not have a significant economic
impact on a substantial number of small entities that are covered by
this rulemaking. MSHA has determined that this is the case both for
mines affected by this rulemaking with fewer than 20 employees and for
mines affected by this rulemaking with 500 or fewer employees.
B. Factual Basis for Certification
MSHA's analysis of impacts on ``small entities'' begins with a
``screening'' analysis. The screening compares the estimated compliance
costs of a rule for small entities in the sector affected by the rule
to the estimated revenues for the affected sector. When estimated
compliance costs or savings are less than one percent of the estimated
revenues, the Agency believes it is generally appropriate to conclude
that there is no significant economic impact on a substantial number of
small entities. When estimated compliance costs or savings exceed one
percent of revenues, it tends to indicate that further analysis may be
warranted.
Metal/nonmetal and surface coal mines are covered in the ETS only
by the immediate notification provisions. Since these provisions define
and clarify existing provisions, they do not impose any costs on mine
operators and contractors. MSHA therefore concludes
[[Page 12267]]
that the ETS will not have a significant economic impact on a
substantial number of small entities in these mine sectors.
For underground coal mines, estimated 2004 production was
10,375,660 tons for mines that had fewer than 20 employees and
312,531,849 tons for mines that had 500 or fewer employees. Using the
2004 price of underground coal of $30.36 per ton, the 2004 underground
coal revenues are estimated to be approximately $315 million for mines
employing fewer than 20 employees and $9.5 billion for mines employing
500 or fewer employees. Thus, the cost of the rule for mines that have
fewer than 20 employees is 0.4 percent ($1.2 million/$315 million),
while the cost of the rule for mines that have 500 or fewer employees
is 0.2 percent ($0.017 billion/$9.5 billion). Using either MSHA's
traditional definition of a small mine (one having fewer than 20
employees) or SBA's definition of a small mine (one having 500 or fewer
employees), compliance costs of the ETS for underground coal mines will
be substantially less than 1 percent of their estimated revenues.
VIII. Paperwork Reduction Act of 1995
A. Summary
This emergency rulemaking contains information collection
requirements that MSHA estimates will result in 17,547 new burden hours
and approximately $533,601 related burden costs to mine operators and
contractors in the first year that the rule is in effect. In the second
year that the rule is in effect, and for every year thereafter, MSHA
estimates that mine operators and contractors will incur 9,226 new
burden hours and approximately $525,739 related burden costs. The
burden is different in the first year because some information
collection requirements occur only in the first year that the rule is
in effect; while different burdens occur either every year beginning in
the first year, or every year beginning in the second year that the
rule is in effect.
This ETS contains information collection requirements in the
following sections: Sec. 48.3--Training plans; time of submission;
where filed; information required; time for approval; method for
disapproval; commencement of training; approval of instructors; Sec.
50.10--Immediate notification; Sec. 75.1502--Mine emergency evacuation
and firefighting program of instruction; Sec. 75.1714-3--Self-rescue
devices; inspection, testing, maintenance, repair and recordkeeping;
Sec. 75.1714-4--Additional self-contained self-rescuers; and Sec.
75.1714-5--Map locations of self-contained self-rescuers to be codified
in 30 CFR. Although the new requirement in Sec. 50.10 included in this
emergency rulemaking creates no additional paperwork burden, MSHA is
listing the provision here because it continues to require a collection
of information. The ETS adds to the information collected under
existing OMB information collections OMB 1219-0007, OMB 1219-0009, OMB
1219-0044, OMB 1219-0054, and OMB 1219-0073.
Although paragraph 75.1714-3(e) is an existing provision and is not
changed by this emergency rulemaking, MSHA is including it in the
burden estimates above because the use of additional SCSR devices
mandated by this ETS will increase the burden associated with
inspection and recordkeeping requirements contained in this existing
paragraph.
For a detailed explanation of how the burden hours and related
costs were determined, see Chapter VII of the Regulatory Economic
Analysis (REA) associated with this rulemaking. The REA is located on
MSHA's Web site at http://www.msha.gov/REGSINFO.HTM. A print copy of
the REA can be obtained from the Office of Standards, Regulations, and
Variances at MSHA.
B. Details
The information collection package has been submitted to the Office
of Management and Budget (OMB) for review under 44 U.S.C. 3504,
paragraph (h) of the Paperwork Reduction Act of 1995, as amended. A
copy of the information collection package can be obtained from the
Department of Labor by electronic mail request to king.darrin@dol.gov
or by phone request to (202) 693-4129.
Comments on the provisions in the information collection
requirements should be sent to both the Office of Information and
Regulatory Affairs of OMB and to MSHA. Comments sent to OMB should be
sent to the Attention of the Desk Officer for the Mine Safety and
Health Administration. Comments sent to MSHA should be sent to the
Office of Standards, Regulations, and Variances. Addresses for both
offices can be found in the Addresses section of this preamble.
Respondents are not required to respond to any collection of
information unless it displays a current valid OMB control number. MSHA
will publish a notice in the Federal Register announcing when OMB has
approved the new information collection requirements.
IX. Other Regulatory Considerations
A. The Unfunded Mandates Reform Act Of 1995
This ETS does not include any Federal mandate that may result in
increased expenditures by State, local, or tribal governments; nor will
it increase private sector expenditures by more than $100 million
annually; nor will it significantly or uniquely affect small
governments. Accordingly, the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1501 et seq.) requires no further agency action or analysis.
B. The Treasury and General Government Appropriations Act of 1999:
Assessment of Federal Regulations and Policies on Families
This ETS will have no affect on family well-being or stability,
marital commitment, parental rights or authority, or income or poverty
of families and children. Accordingly, section 654 of the Treasury and
General Government Appropriations Act of 1999 (5 U.S.C. 601 note)
requires no further Agency action, analysis, or assessment.
C. Executive Order 12630: Government Actions and Interference With
Constitutionally Protected Property Rights
This ETS does not implement a policy with takings implications.
Accordingly, E.O. 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights, requires no further Agency
action or analysis.
D. Executive Order 12988: Civil Justice Reform
This ETS was written to provide a clear legal standard for affected
conduct and was carefully reviewed to eliminate drafting errors and
ambiguities, so as to minimize litigation and undue burden on the
Federal court system. Accordingly, this ETS will meet the applicable
standards provided in section 3 of E.O. 12988, Civil Justice Reform.
E. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This ETS will have no adverse impact on children. Accordingly, E.O.
13045, Protection of Children from Environmental Health Risks and
Safety Risks, as amended by E.O. 13229 and 13296, requires no further
Agency action or analysis.
F. Executive Order 13132: Federalism
This ETS does not have ``federalism implications'' because it will
not ``have substantial direct effects on the States,
[[Page 12268]]
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.'' Accordingly, E.O. 13132, Federalism, requires
no further Agency action or analysis.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This ETS does not have ``tribal implications'' because it will not
``have substantial direct effects on one or more Indian tribes, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes.'' Accordingly, E.O. 13175, Consultation
and Coordination with Indian Tribal Governments, requires no further
Agency action or analysis.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This ETS has been reviewed for its impact on the supply,
distribution, and use of energy because it applies to the underground
mining sector. Insofar as this ETS will result in yearly costs of
approximately $18.9 million to the underground coal mining industry,
relative to annual revenues of $11.1 billion in 2004, it is not a
``significant energy action'' because it is not ``likely to have a
significant adverse effect on the supply, distribution, or use of
energy * * * (including a shortfall in supply, price increases, and
increased use of foreign supplies).'' Accordingly, E.O. 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use, requires no further Agency action or analysis.
I. Executive Order 13272: Proper Consideration of Small Entities in
Agency Rulemaking
This ETS has been thoroughly reviewed to assess and take
appropriate account of its potential impact on small businesses, small
governmental jurisdictions, and small organizations. MSHA has
determined and certified that this ETS does not have a significant
economic impact on a substantial number of small entities. Accordingly,
E.O. 13272, Proper Consideration of Small Entities in Agency
Rulemaking, requires no further Agency action or analysis.
X. Emergency Temporary Standard--Regulatory Text
List of Subjects
30 CFR Part 48
Education, Mine safety and health, Reporting and recordkeeping
requirements.
30 CFR Part 50
Investigations, Mine safety and health, Reporting and recordkeeping
requirements.
30 CFR Part 75
Communications equipment, Electric power, Emergency medical
services, Explosives, Fire prevention, Mine safety and health.
Reporting and recordkeeping requirements Signed at Arlington,
Virginia, this 6th day of March 2006.
David G. Dye,
Acting Assistant Secretary of Labor for Mine Safety and Health.
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